HomeMy WebLinkAboutTC Agd Pkt 2011-02-16TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
Regular Meeting
Tiburon Town Council
February 16, 2011
Closed Session - 6:30 p.m.
Regular Meeting - 7:30 p.m.
Redevelopment Agency - at
end of regular meeting
AGENDA
TIBURON TOWN COUNCIL
TIBURON REDEVELOPMENT AGENCY
CLOSED SESSION - (6:30 p.m.)
CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION
(Subdivision (c) of Government Code Section 54956.9)
Claims relating to Del Mar Undergrounding Litigation
CALL TO ORDER AND ROLL CALL
Councilmember Collins, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor
Fraser, Mayor Slavitz
CLOSED SESSION ANNOUNCEMENT, IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this
time. Please note however, that the Town Council is not able to undertake extended
discussion or action on items not on the agenda. Matters requiring action will be referred to
the appropriate Commission, Board, Committee or staff for consideration or placed on a future
Town Council meeting agenda. Please limit your comments to three (3) minutes.
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless
a request is made by a member of the Town Council, public or staff to remove an item for
separate discussion and consideration. If you wish to speak on a Consent Calendar item,
please seek recognition by the Mayor and do so at this time.
1. Town Council Minutes -Adopt minutes of January 19, 2011 regular meeting (Town Clerk
Crane Iacopi)
2. Lyford Drive Parking Improvement Project - Adopt resolution authorizing Town
Manager to execute Cooperation and Fundng Agreement with Tiburon Redevelopment
Agency for project funding (Town Attorney Danforth)
3. Automated License Plate Reader Project - Adopt resolution accepting the work and
authorize the filing of the Notice of Completion (Department of Public Works/Police
Department)
4. 2312 Spanish Trail - Adopt resolution granting an appeal of a site plan and architectural
review approval for construction of a new, detached, two-family dwelling with a
detached two-family dwelling exception and variance for reduced front yard setback -
(Planning Manager Watrous)
Assessor Parcel No. 059-201-23
Owners; William and Joy Norris
Applicant: Roger Hartley
Appellants: Jerome Bernal, Shelley Brown, Celia and Ann DeMartini, Robert
Harrison, Wallace Quinn, Dennis and Terry Schwakopf, Sue
Zimmerman
5. Housing Funds from Tiburon Redevelopment Agency - Adopt resolution authorizing
Town Manager to execute a Cooperation and Funding Agreement with Tiburon
Redevelopment Agency for transfer of housing funds (Town Manager Curran/Town
Attorney Danforth)
PUBLIC HEARINGS
1. Tiburon Tourism Business Improvement District (BID) - Public Information meeting
concerning proposed increase to assessment to lodging establishments within the
Tiburon BID (Town Attorney Danforth)
2. Ned's Way Recreation Facility - Review and consider for land use and zoning permit
approval the site plan and architectural drawings for the Ned's Way Recreation Facility
project and adoption of a Mitigated Negative Declaration - (Director of Community
Development Anderson)
Assessor Parcel No.: 058-151-27
Address: 600 Ned's Way
Owner/Applicant: Town of Tiburon
3. CVS Pharmacy - Two appeals of Planning Commission decision to approve a conditional
use permit to operate a drug store and pharmacy in a building previously occupied by a
grocery store (Planning Manager Watrous)
Assessor Parcel No.: 058-171-88 & 89
Address: 1599 Tiburon Boulevard
Appellants : Cres Van Keulen, Neal Toft, Terry Hennessy and Patricia Goss
Applicant/Appellant: Armstrong Development Properties, Inc.
4. Repeal of Zoning Ordinance-Based Green Building Regulations - Introduction and first
reading of an ordinance repealing Article IX (Green Building) and related sections of
Chapter 16 (Zoning) of the Tiburon Municipal Code; adoption of a resolution rescinding
Green Building Standards from the current zoning-based system (Director of
Community Development Anderson)
TOWN COUNCIL REPORTS
• Marin Clean Energy Update (Councilmember Collins)
TOWN MANAGER'S REPORT
• Proposed participation in developing a kiosk for downtown
• Requested contribution to Walk Your History event
WEEKLY DIGESTS
• Town Council Weekly Digest -January 21, 2011
• Town Council Weekly Digest -January 28, 2011
• Town Council Weekly Digest - February 4, 2011
• Town Council Weekly Digest - February 11, 2011
ADJOURNMENT - to a meeting of the Tiburon Redevelopment Agency
■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 1
TIBURON REDEVELOPMENT AGENCY
AGENDA
CALL TO ORDER AND ROLL CALL
Boardmember Collins, Boardmember Fredericks, Boardmember O'Donnell, Vice Chair Fraser,
Chair Slavitz
ORAL COMMUNICATIONS
BUSINESS MEETING
1. Adoption of Minutes -Adopt minutes of June 16, 2010 meeting (Board Clerk Crane
Iacopi)
2. Lyford Drive Parking Improvement- Adopt resolution authorizing Executive Director to
execute Cooperation and Funding Agreement with Town of Tiburon for project funding
(Agency Counsel Danforth)
3. Redevelopment Agency Housing Funds - Adopt resolution authorizing Executive
Director to execute Cooperation and Funding Agreement with Town of Tiburon for
transfer of housing funds (Executive Director Curran/Agency Counsel Danforth)
ADJOURNMENT
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Town Clerk at (415) 435-
7377. Notification 48 hours prior to the meeting will enable the Town to make
reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and
inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to
Town Hall. Agendas and minutes are posted on the Town's website,
www.ci.tiburon.ca.us.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability-related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address, phone number and brief description of the requested materials and
preferred alternative format or auxiliary aid or service at least 5 days before the
meeting. Requests should be sent to the Office of the Town Clerk at the above
address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at, or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
cc- /
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Slavitz call eeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday January 19, 2011, Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, Califo
ROLL CALL
PRESENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
Collins, Fraser, Fredericks, O'Donnell, Slavitz
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Planning
Manager Watrous, Police Captain Hutton, IT
Coordinator Monterichard, Town Clerk Crane
Iacopi
Prior to the regular meeting, the Council met in closed session, beginning at 6:15 p.m., to discuss
the following:
CLOSED SESSION - (6:15 p.m.)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Case No. TIB0900003
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Menzel v. Town of Tiburon
CLOSED SESSION ANNOUNCEMENT, IF ANY
Mayor Slavitz said that no action was taken in closed session.
ORAL COMMUNICATIONS
Mayor Slavitz welcomes and acknowledged the members of Boy Scout Troop 48 who were in
attendance to earn their Community Citizenship merit badges.
(DTown Council Minutes #02-2011 January 19, 2011 Page 1
Jerome Bernal, Spanish Trail, asked whether it would be possible to have some steps installed
down to the beach in front of the Donohue Building on Innisfree [Shoreline] Park. He said this
would assist kayakers and others from having to climb down the rocks to access the water.
Mayor Slavitz referred Mr. Bernal to Town Staff for further discussion of his suggestion.
CONSENT CALENDAR
1. Town Council Minutes -Adopt minutes of January 5, 2011 regular meeting (Town Clerk
Crane Iacopi)
2. Amendments to Building Code - Adopt ordinance amending Title IV, Chapter 13
(Building Regulations) of the Tiburon Municipal Code (Director of Community
Development Anderson)
3. Town Monthly Investment Summary - Accept December 2010 report (Director of
Administrative Services Bigall)
MOTION: To approve Consent Calendar Item Nos. 1 through 3, as written.
Moved: Fredericks, seconded by Fraser
Vote: AYES: Unanimous
ACTION ITEM
1. Tiburon Tourism Business Improvement District (BID) - Consider adoption of
resolution to increase assessment to lodging establishments within the Tiburon BID and
set public hearing date (Town Attorney Danforth)
Town Attorney Danforth gave the report. She said that the Town had formed a Tiburon Tourism
Business Improvement District (TTBID) in 2007 in response to a request from the Town's two
hotels, the Lodge at Tiburon and the Water's Edge Hotel. She said that the TTBID imposes
assessments on lodging establishments within the Town, equal to one percent of their gross
revenues. Danforth said the Town uses the proceeds to participate in the County's tourism-
promotion program, which is funded by the Marin County Tourism Business Improvement
District (MCTBID) and is operated by the Marin County Visitors bureau ("Visitor's Bureau").
The Town Attorney said that the Board of Supervisors modified the MCTIB last Fall to increase
its assessments to two percent of gross revenues. Subsequently, the Lodge at Tiburon and the
Water's Edge Hotel asked the Town to also modify the TTBID, to fund an expanded program to
promote their business establishments, according to Danforth.
Danforth said the Council was being asked to adopt a resolution declaring its intention to
similarly modify the TTBID and set a time and place for a public meeting and subsequent public
hearing to adopt the ordinance. She said that a representative from MCVB would be at the
DRAFT Town Council Minutes #02-2011 January 19, 2011 Wage 2
public meeting, scheduled for February 16, 2011, to answer any questions. Danforth noted that
adoption of the resolution did not obligate the Council in any way to adopt or move forward with
the proposed assessment.
In response to questions from the Council, Danforth said that the two lodging establishments in
town were strongly in favor of the proposed assessment increase. She said that the assessment
was in addition to the 10 percent hotel occupancy tax, so that the total tax paid by visitors staying
at either of the lodging establishments would total 12% instead of the previous 11
MOTION: To approve the resolution, as written.
Moved: Collins, seconded by Fredericks
Vote: AYES: Unanimous
PUBLIC HEARINGS
1. 2312 Spanish Trail - Appeal of Site Plan and Architectural Review Approval for
construction of a new, detached, two-family dwelling with a detached two-family
dwelling exception and variance for reduced front yard setback - (Planning Manager
Watrous)
Assessor Parcel No. 059-201-23
Owners: William and Joy Norris
Applicant: Roger Hartley
Appellants: Jerome Bernal, Shelley Brown, Celia and Ann DeMartini, Robert
Harrison, Wallace Quinn, Dennis and Terry Schwakopf, Sue
Zimmerman
Planning Manager Watrous reviewed the history of the project and grounds of the appeal as
detailed in the staff report. He said that this was the first time an application had been filed which
tested the Town's ordinance, adopted in 2003, concerning detached two-family dwellings in the
R-2 zone.
Mayor Slavitz opened the public hearing.
Sue Zimmerman, Terry Schwakopf, and Shelley Brown made the report on behalf of the
appellants (a copy of appeal is included in the staff report). Ms. Schwakopf detailed "who we are
and why we care" as neighbors of the project and neighborhood representatives. Ms. Zimmerman
provided a powerpoint presentation (copies are available at Town Hall) and also presented a
detailed model (dubbed "strawman") of a possible one-unit solution. Ms. Brown said that her
view would be greatly impacted by the approved, two-unit project.
Jerome Bernal spoke about inconsistency of Town regulations as applied to parking structures;
complained about the process he had been required to go through to create a parking structure on
his Spanish Trail property; asked that consistency be applied to this application.
DRAFT Town Council Minutes #02-2011 January 19, 2011 Page 3
Attorney Paul Smith and architect Roger Hartley spoke on behalf of the property owners. Smith
said the DRB "got it right" and had interpreted the Town's ordinance correctly. (A copy of his
letter is included in the file as "Late Mail".)
Mr. Hartley detailed all the changes and concessions that had been made to the project over the
course of four Design Review meetings. He said he had considered a one-unit solution but that it
resulted in more negative impacts to the neighbors' views, and parking, and created more bulk
and mass than the two-dwelling solution. He also said the detached-dwelling plan was preferred
by his client.
Mayor Slavitz opened the hearing to members of the public:
1. Design Review Boardmember Lou Weller explained how the DRB had reasoned its way
through the Town's ordinance that allows detached unit duplexes in R-2 zones and how it
reached its unanimous (5-0) decision to approve the project;
2. JJ Wintersteen, Paradise Drive, spoke in favor of his neighbors' appeal but said it
sounded to him like another DRB hearing [Councilmembers Fredericks and Collins said
that it was, indeed, a de novo hearing on the application];
3. Richard Wodehouse, current resident of the Whittingham property, noted that while he
would be inconvenienced by the construction, said he strongly favored the two-dwelling
project approval and that a single unit would obstruct his view, the primary reason for his
living there;
4. Gene Aureguy said that his two-dwelling duplex had been approved under the Town's
ordinance; said that one of the appellants (Wally Quinn) had complimented him on the
outcome of the project; said that he had offered not to condominiumize the project to
avoid de facto substandard lot splits that were of concern to the neighborhood; said he
supported the Norris project, as approved by the DRB;
5. Jeff Brown, Spanish Trail, 40 years, said he has watched the neighborhood develop over
the years; said that he was in favor of the Norris project and that it would enhance and
increase the value of homes in the neighborhood;
6. Scott von Stein, neighborhood resident and Southern Marin Fire District Director, spoke
in favor of the Norris project; he said he liked the carport design because it would
facilitate movement of emergency vehicles on the Town's and County roadways;
7. Gary Glover, Spanish Trail, 18 years, also supported the Norris project, as approved, for
all the reasons stated above.
Sue Zimmerman spoke during rebuttal. She disputed Mr. Hartley's remarks about the
"appearance" of creating a four-story house in the `strawman' model and said she based her
elevations on his elevations. She said that staff had done a fabulous job of educating the DRB in
how to make findings, but that findings should be "facts", not assertions.
Ms. Zimmerman said that she hoped the Council did not approve the project, as approved by the
DRB, but if it did, she would like certain design features to be included, such as extending the
hedge down the entire length of the property line.
DRAFT Town Council Minutes #02-2011 January 19, 2011 Page 4
Mr. Norris spoke during his rebuttal. He thanked the Council for walking the property. He said
that the Whittingham property was the only one with a primary view adjacent to his project, and
that the current resident supported the project. He said that DRB had deliberated long and hard
and that one member said that he had put more effort into deciding this application than any other
one that had come before the board. He said that he took pride in restoring old homes and listed
some examples; he said that second unit was modest, under 1,000 square feet, and that the
project would improve the property, while a single unit would detract from it.
Mayor Slavitz closed the public hearing.
Council deliberated and concluded, in summary:
• Councilmember Fredericks said that the DRB failed to make adequate findings to meet
criteria Nos. 2 and 3 of the ordinance and said she would vote to uphold the appeal.
• Councilmember O'Donnell thought the DRB had done good job interpreting the
ordinance and had made a reasonable decision.
• Councilmember Collins, too, expressed concern about inadequate findings in Section 2.
• Jim Fraser was concerned about the findings for No. 2 but thought the Council might
remand the application to DRB.
• Jeff Slavitz was concerned that the DRB did not make the findings in Nos. 2 and 3.
Councilmember Fredericks said that she had considered the issue for a long time, having served
on the Council when the amendment to the zoning ordinance allowing a two-dwelling exception
in the R-2 zone was adopted. Fredericks reviewed the criteria and said why she could not support
the DRB findings to Nos. 2 and 3.
[Section 16-40.020 (F) establishes the following criteria to be used in reviewing a detached two-
family dwelling exception:]
1. The lot area is adequate to reasonably accommodate two detached units in a
functional site layout that substantially meets the land and structure
regulations of the R-2 zone.
Councilmember Fredericks said that the Norris lot met the size criteria under this section.
However, she noted that nearly half of the lots in the neighborhood met this 7500 square foot
threshold and that many were larger. She also said that many other lots in the R-2 zone were
"street to street" lots. She said that while the two-dwelling proposal was an attractive one, it was
an incorrect interpretation of the ordinance to allow the two-dwelling exception to become a
pattern of development in the neighborhood when other options existed.
DRAFT Town Council Minutes #02-2011 January 19, 2011 Page 5
2 Physical conditions exist on the lot that render impractical or difficult the
construction of attached units; or the site planning superiority and land use
compatibility benefits of detached units are clearly demonstrated for the lot.
Fredericks said that with a preponderance of long, narrow lots in the area, and lots that go street
to street, the DRB needed more specific examples of what made the one-unit approach
impractical and difficult; she said, at best, the impediments were disputed.
Fredericks also said that she was confident that the architect could find a way to address the issue
of placing an attached two-unit dwelling on the lot.
3. Two dwelling units in two detached buildings would likely reduce visual,
environmental, privacy or other impacts as compared to a probable attached
two-family dwelling on the lot.
Fredericks said that she could agree or disagree with the findings of the DRB in this instance; she
said that it was a question of land use compatibility and whether the detached unit would reduce
the impacts; she said that the DRB had decided that the impacts of the one-unit or two unit-
dwelling were about equal in the application.
4. The permit history of the lot has been researched and provides no evidence of
self-created hardship, self-created nonconformity, or other pattern of activity
that would act to circumvent the purpose of this Section.
Fredericks said that this information could be viewed in different ways.
5. All vehicular access shall be convenient, shall comply with industry standards
for ingress and egress, and shall not result in adverse impacts on neighboring
properties and/or streets.
Fredericks said that vehicular access seemed adequate in both designs.
Fredericks said that the burden was on the applicant to convince the deciding body that all of the
above criteria had been met; she said that they had not all been met, in this application.
Councilmember O'Donnell presented an opposing view. He said that he had served on the
Design Review Board and that it in its deliberations, the board sought to apply a "reasonable"
standard to achieve the best possible outcome and design. He said in this instance, the DRB did a
superlative job in reducing the impacts to the neighborhood and that the detached unit design was
a better design with fewer impacts overall.
O'Donnell said the small, detached cottage was a better solution than a single, attached unit, and
the way it was sited, and the fact that the applicant had lowered the roof and made other
DRAFT Town Council Minutes #02-2011 January 19, 2011 Page 6
concessions, made sense and complied with the Town's guidelines. He commended the DRB for
the idea of creating a parking deck on Spanish Trail as a solution to alleviate congestion in an
already congested neighborhood.
O'Donnell said that it was not fair to characterize the application as a de facto lot split. He noted
that the "Old Tiburon" neighborhood had development challenges and that the Town's
ordinances had been "dropped on" the neighborhood after much of it had been built out.
Nevertheless, O'Donnell said that he respected the viewpoint of the appellants, but that the
project would vastly enhance the neighborhood and improve the property without creating a
precedent.
Councilmember Collins thanked the parties and the Design Review Board. However, he said that
it was not an issue of property value or attractiveness because the Town had an ordinance that
controlled land use, and that in this instance, the purpose of the ordinance was to discourage
detached units in the R-2 zone.
He said that in some of its meetings, the DRB said the site didn't meet the "impractical" findings
and even a so-called "superior" design did not meet the land use compatibility findings of the
ordinance.
Collins wondered if there might not be a way to make the building "cascade" down the hill.
He said that while he was sympathetic to the applicant, he could not make the findings required
by the Town's ordinance based on what information was provided in the record.
Vice Mayor Fraser also acknowledged the DRB and everyone involved for their time. He said it
was easy to understand why the DRB and the neighbors had struggled with the issues. Fraser said
that he, too, struggled with exception criteria No. 2. He said that the appellant's model and the
Hartley diagrams were examples of how a single building with two units could be created on the
lot; he said that he was puzzled by the approved design which looked, to him, like two separate
houses on the lot.
Fraser said that while he respected Mr. Norris' desire to restore his home (and create a second,
separate unit). However, he said he was not convinced that an attached unit could not be created,
possibly excavated, and be in symmetry with the main building.
Mayor Slavitz agreed; he said the second unit in the approved DRB application was lovely, but
the Town's zoning ordinance prohibits detached second units in the R-2 zone unless all the
criteria could be met. He said that the findings for criteria #2 and #3 could not be made; that an
attached second unit would be possible and that the detached unit would impact views and
appear more massive. He said the view from the Whittingham residence would not be harmed by
a single building because that residence would look over the new building.
Slavitz noted that there were good examples of attached units around town; he said that this
application did not demonstrate the superiority of a detached unit. He said that he would vote to
DRAFT Town Council Minutes #02-2011 January 19, 2011 Page 7
uphold the appeal but he was uncertain whether the action would include remanding the
application to the DRB.
Town Attorney Danforth said that in the past, the Town Council had, in some instances, chosen
to uphold an appeal, deny an application without prejudice, and/or waive re-application fees for
one year.
Vice Mayor Fraser said that it was important to help the applicant in this instance.
Councilmember O'Donnell agreed, and stated that it was not cheap to prepare for and attend
these hearings, and that the applicant had gone through four different DRB hearings, in addition
to this meeting.
Planning Manager Watrous said that it would be important to provide direction to the applicant if
the Council denied the application without prejudice. In other words, was the direction from
Council that the applicant not re-apply with another detached two-unit design, and to re-apply
only with a attached two-unit design. Council concurred that its direction was for an attached
two-unit design.
MOTION: To uphold the appeal and direct staff to return to Council with a resolution of
findings, and to waive further reapplication fees by the property owners if they
submit an application for an attached dwelling for consideration by the Design
Review Board.
Moved: Fredericks, seconded by Collins
Vote: AYES: Fraser, Fredericks, Collins, Slavitz
NOES: O'Donnell
2. Draft Housing Element - Introduction and review of preliminary draft Housing Element
of the Tiburon General Plan (Director of Community Development Anderson)
Director of Community Development Anderson gave a brief report and turned the meeting over
to the Town's consultant, who reviewed the draft in more detail. He said that the new element
built strongly on the adopted General Plan Housing Element.
Council discussed the issue of affordable housing and asked how it would be possible to
provide incentives to landowners to reach the state-mandated goals. Councilmember O'Donnell
also said that it would be important to clarify language in the draft element pertaining to second
units, in light of the discussion at the appeal hearing.
Direction was given to staff to proceed with the draft, as written, with possible additional
written comments in the next couple of days from Councilmember Fredericks, and possible
input on the second unit discussion at the upcoming Town Council/staff retreat.
DRAFT Town Council Minutes #02-2011 January 19, 2011 Page 8
3. Ned's Way Recreation Facility -Review site plan and architectural drawings for the
Ned's Way Joint Recreation Project at 600 Ned's Way, AP No. 058-151-27; consider
adoption of Mitigated Negative Declaration - (Director of Community Development
Anderson) - item has been continued without hearing to the February 16, 2011
meeting
TOWN COUNCIL REPORTS
Councilmember Fredericks said she had participated in one-way conference call with other cities
(through the League of California Cities) which consisted of an analysis of the Governor's
proposed budget program.
Councilmember Collins said that the Marin Energy Authority had reached a milestone in retiring
public debt (for its start-up costs) and obtaining private financing. He said that Supervisor
McGlashan had handed a check for $650,000 to the Board of Supervisors last month to repay its
debt to the County of Marin.
TOWN MANAGER'S REPORT
Town Manager confirmed the cancellation of the February 2 meeting; however, she noted that
the Town Council/Staff retreat would take place at the Lodge at Tiburon on February 8.
WEEKLY DIGESTS
• Town Council Weekly Digest- January 7, 2011
• Town Council Weekly Digest- January 14, 2011
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Collins
adjourned the meeting at 11:15 p.m., in memory of Fran Mayberry, Tiburon Town Council,
1986-1990.
JEFF SLAVITZ, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT Town Council Minutes #02-2011 January 19, 2011 Page 9
To:
From:
Subject:
Reviewed By:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Town Manager and Town Attorney
Town Council Meeting
February 16, 2011
Agenda Item:
.r
Recommendation to Adopt Resolution Approving a Cooperation and
Reimbursement Agreement between the Town and the Tiburon
Redevelopment Agency for the Lyford Drive Parking Project
BACKGROUND AND ANALYSIS
The Tiburon Redevelopment Agency's 1983 Redevelopment Plan describes general objectives
and specific projects to eliminate physical and economic blight in the Town. These include
improvements to Tiburon Boulevard and parking facilities. The Agency's outstanding legal
obligation consists of creating new affordable housing units and the Agency has restricted funds
for that purpose. The Agency also has a reserve of $290,000, which is the unexpended remainder
of funds set aside to reimburse the Town for administrative expenses associated with the Agency.
The Town's Implementation Plan does not allocate these funds.
The Town is currently considering a project to improve the right of way area on the south side of
Tiburon Boulevard near the intersection with Lyford Drive. This area is currently unsightly,
consisting of dirt shoulders on either side of the Boulevard, generally used for informal parking.
The current state is particularly unfortunate because almost all visitors to Tiburon by car pass the
site immediately before entering the downtown area. The project would both beautify this
gateway location and improve the parking area, thereby making the site more attractive to
visitors, useful for commuters and safer for all users.' The project is consistent with the
objectives of the Tiburon Redevelopment Plan and may be funded by the Agency's $290,000
reserve.
The agreement does not obligate the Council to construct the project. If the Council ultimately
decides not to approve the project, the funds would remain with the Agency.
1 The project is expected to reduce turning motions across Tiburon Boulevard, improving traffic safety.
RECOMMENDATION
Staff recommends that the Town Council:
Move to Approve a Resolution authorizing the Town Manager to Execute the Cooperation
and Reimbursement Agreement with the Tiburon Redevelopment Agency
Exhibit: Draft Resolution
Draft Cooperation and Reimbursement Agreement with the Town of Tiburon
Prepared By: Ann R. Danforth, Town Attorney
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING A COOPERATION
AND REIMBURSEMENT AGREEMENT WITH THE
TIBURON REDEVELOPMENT AGENCYTO FUND A
STREET AND PARKING IMPROVEMENT PROJECT
Recitals
1. The right of way area on the south side of Tiburon Boulevard near the intersection with
Lyford Drive ("Project Site") is unsightly and is commonly used for informal head-in
parking on the dirt shoulder, which results in potentially hazardous turning motions
across the boulevard.
2. The Project Site serves as a gateway to the downtown shopping area of the Town.
3. In 1983, the Town formed the Tiburon Redevelopment Agency ("Agency") to eliminate
blight and formulate and carry out redevelopment projects to permit orderly residential,
commercial and open space development in the planning area.
4. On September 2 1983, the Agency adopted the Redevelopment Plan for the Tiburon
Redevelopment Project ("Redevelopment Plan") to eliminate and reduce aspects of
physical and economic blight within the Tiburon Redevelopment Project Area (the
"Project Area") by, among other things, improving Tiburon Boulevard and providing
public parking.
5. The Agency currently is in possession of unallocated funds in the amount of $290,000.
6. The Town is currently in the planning stages of a project ("Lyford Drive Project") located
on the south side of Tiburon Boulevard near the intersection with Lyford Drive ("Project
Site"), which site lies primarily within the Project Area and is the gateway to the Tiburon
downtown.
7. The Town Council of the Town has found that (1) the construction of the Project is of
benefit to the Project Area by helping to eliminate blight within the Project Area; (2) no
other reasonable means of financing the Project are available to the community; and (3)
the payment of funds for the Project is consistent with the implementation plan adopted
pursuant to Section 33490.
8. The Lyford Drive Project will enhance the aesthetic appeal of the Project Site, improve
the parking available in that location and improve the safety of motorists using the
Reso TC Appoval of Lyford Ag 2-16-11 (2).doc
parking area.
9. In light of prevailing and anticipated revenue shortfalls, the Town's available funding for
the project is less than anticipated costs.
10. The Parties desire to formally provide for reimbursement by the Agency to the Town of a
portion of the costs and expenses incurred by the Town prior to and following execution
of this Agreement in connection with the portion of the Lyford Drive Project that lies
within the Project Area, including, without limitation, Project planning, engineering and
design, environmental review of the Project, the preparation of the Redevelopment Plan
and reports related thereto, including consultant contract and administrative costs, and
related planning matters, all as set forth in the Cooperation and Reimbursement
Agreement for Improvement of Tiburon Boulevard Right of Way Near the Lyford_Dri
ve
Intersection ("Cooperation Agreement") attached to this resolution as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon:
1. The facts set forth in this Resolution are true and correct.
2. The Council finds as follows:
(a) That the acquisition of land or the installation or construction of the buildings, facilities,
structures, or other iillprovements that are publicly owned. are of benefit to the project area by
helping to eliminate blight within the project area. or providing housing for low- or moderate-income
persons.
(b) That no other reasonable means of financing the acquisition of the land or installation or
construction of the buildings, facilities, structures, or other improvements that are publicly awned,
are available to the community.
(c) That the payment of funds for the acquisition of land or the cost of buildings, facilities,
structures, or other improvements that are publicly owned is consistent with the implementation plan
adopted pursuant to Section 33490.
3. The Town Manager of the Town of Tiburon is authorized to execute said the Cooperation
Agreement and any other documents that may be necessary or appropriate to complete the transaction
described herein.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon
on , 2010 by the following vote:
AYES: COUNCILMEMBERS:
Reso TC Appova1 of L}ford Ag 2-16-11 (2).doc 2
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
Town of Tiburon
ATTEST:
DIANE CRANE, TOWN CLERK
Reso TC Appoval of Lyford Ag 2-16-11 (2). doc
COOPERATION AND REIMBURSEMENT
AGREEMENT FOR IMPROVEMENT OF TIBURON
BOULEVARD RIGHT OF WAY NEAR THE LYFORD
DRIVE INTERSECTION
This Agreement, dated February , 2011, is by and between the Redevelopment
Agency of the Town of Tiburon ("Agency") and the Town of Tiburon (the "Town") (collectively,
the "Parties").
WITNESSETH
WHEREAS, the Agency is vested with the responsibility for formulating and carrying
out necessary redevelopment projects within the Town; and
WHEREAS, on September 2 1983, the Agency adopted the Redevelopment Plan for the
Tiburon Redevelopment Project ("Redevelopment Plan") to eliminate and reduce aspects of
physical and economic blight within the Tiburon Redevelopment Project Area (the "Project
Area") by, among other things, improving Tiburon Boulevard and providing public parking; and
WHEREAS, the Agency currently is in possession of unallocated funds in the amount of
$260,000; and
WHEREAS, the Town is currently in the planning stages of a project ("Lyford Drive
Project") located on the south side of Tiburon Boulevard near the intersection with Lyford Drive
("Project Site"), which site lies primarily within the Project Area and is the gateway to the
Tiburon downtown and;
WHEREAS, the Town Council of the Town has found that (1) the construction of the
Project is of benefit to the Project Area by helping to eliminate blight within the Project Area; (2)
no other reasonable means of financing the Project are available to the community; and (3) the
payment of funds for the Project is consistent with the implementation plan adapted pursuant to
Section 33490.
WHEREAS, the purpose of the Lyford Drive Project is to enhance the aesthetic appeal
of the Project Site and improve the parking available in that location;
WHEREAS, the Parties desire to formally provide for reimbursement by the Agency to
the Town of costs and expenses incurred by the Town prior to and following execution of this
Agreement in connection with the portion of the Lyford Drive Project that lies within the Project
Area, including, without limitation, Project planning, engineering and design, environmental
review of the Project, the preparation of the Redevelopment Plan and reports related thereto,
including consultant contract and administrative costs, and related planning matters; and
Pagel of 3
183\23\846775.1
WHEREAS, the Town and the Agency are each ready and willing to assume the
relationship described herein.
NOW, THEREFORE, the Agency and the Town, for and in consideration of the mutual
promises and agreements herein contained do agree as follows:
1. PURPOSES
The purpose of this Agreement is to provide for reimbursement by the Agency to the
Town of costs and expenses incurred by the Town prior to and following the execution of this
Agreement in connection with the portion of the Lyford Drive Project that lies within the Project
Area, including, without limitation, Project planning, engineering and design, environmental
review of the Project, the preparation of the Redevelopment Plan and reports related thereto,
including consultant contract and administrative costs, and related planning matters; and
2. TERM OF AGREEMENT
This Agreement shall be in full force and effect for a period beginning as of the date first
above written and continuing until all repayment and reimbursement obligations of the Agency
to the Town are satisfied in full in accordance with the terms of this Agreement.
Notwithstanding the foregoing, if the Town decides at any time to abandon the project, this
agreement shall terminate and be of no further force and effect.
3. REIMBURSEMENT OF PROJECT EXPENSES
The Town has advanced, and agrees to advance in the future, funds necessary to develop
the Project. Within 30 days of the Town's accepting the Project as complete, the Agency shall
reimburse the Town's Project expenditures up to a maximum of two hundred ninety thousand
dollars ($290,000).
4. SUBORDINATION
It is agreed by the parties that all repayments and reimbursements to the Town pursuant
to this Agreement are hereby subordinated to any and all payments necessary to satisfy the
Agency's obligations in connection with any existing or future bonded indebtedness or obligation
which may be incurred by the Agency for the benefit of the redevelopment program or to the
extent necessary for any bonded indebtedness for which the Agency has pledged as a security or
source of repayment tax increment generated within the Project Area.
5. VALIDITY OF AGREEMENT
If any provisions of this Agreement, or the application thereof to any person, party,
transaction, or circumstance, is held invalid, the remainder of this Agreement, or the application
of such provision to other persons, parties, transactions or circumstances, shall not be affected
thereby.
Page 2 of 3
183\23\846775.1
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
written above.
APPROVED AS TO FORM: AGENCY:
REDEVELOPMENT AGENCY OF THE TOWN
OF TIBURON, a public body, corporate and politic
By:
Agency Counsel Its:
By:
Dated:
ATTEST:
By:
Agency Secretary
APPROVED AS TO FORM: TOWN :
THE TOWN OF TIBURON, a political subdivision
of the State of California
By:
Town Attorney Its:
By:
Dated:
ATTEST:
By:
Town Clerk
Page 3 of 3
183\23\846775.1
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
February 16, 2011
Agenda Item:
To:
From:
Mayor and Members of the Town Council
Town Manager and Town Attorney
Subject: Recommendation to Adopt Resolution authorizing the Town Manager
to Execute the Cooperation and Funding Agreement between the Town
and the Tiburon Redevelopment Agency for the Lyford Drive Parking
Project and Other Improvement Projects Consistent with the
Redevelopment Plan
Reviewed By:
BACKGROUND AND ANALYSIS
The Tiburon Redevelopment Agency's 1983 Redevelopment Plan describes general objectives
and specific projects to eliminate physical and economic blight in the Town. These include
improvements to Tiburon Boulevard and parking facilities. The Agency's outstanding legal
obligation consists of creating new affordable housing units and the Agency has restricted funds
for that purpose. The Agency also has a reserve of $290,000, which is the unexpended remainder
of funds set aside to reimburse the Town for administrative expenses associated with the Agency.
The Town's Implementation Plan does not allocate these funds.
The Town is currently considering a project to improve the right of way area on the south side of
Tiburon Boulevard near the intersection with Lyford Drive. This area is currently unsightly,
consisting of dirt shoulders on either side of the Boulevard, generally used for informal parking.
The current state is particularly unfortunate because almost all visitors to Tiburon by car pass the
site immediately before entering the downtown area. The project would both beautify this
gateway location and improve the parking area, thereby making the site more attractive to
visitors, useful for commuters and safer for all users.' The project is consistent with the
objectives of the Tiburon Redevelopment Plan and may be funded by the Agency's $290,000
reserve.
The agreement does not obligate the Council to construct the project. If the Council ultimately
decides not to approve the Lyford Drive, the Town would refund the Agency Contribution to the
Agency or retain funds in reserve for other projects or purposes consistent with the objectives of
the Tiburon Redevelopment Plan.
1 The project is expected to reduce turning motions across Tiburon Boulevard, improving traffic safety.
RECOMMENDATION
Staff recommends that the Town Council:
Adopt a Resolution authorizing the Town Manager to Execute the Cooperation and
Funding Agreement with the Tiburon Redevelopment Agency
Exhibit: Draft Resolution
Draft Cooperation and Funding Agreement with the Town of Tiburon
Prepared By: Ann R. Danforth, Town Attorney
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AUTHORIZING THE TOWN
MANAGER TO EXECUTE A COOPERATION AND
FUNDING AGREEMENT WITH THE TIBURON
REDEVELOPMENT AGENCYTO FUND A STREET AND
PARKING IMPROVEMENT PROJECT AND OTHER
IMPROVEMENT PROJECTS CONSISTENT WITH THE
TIBURON REDEVELOPMENT PLAN
Recitals
1. The right of way area on the south side of Tiburon Boulevard near the intersection with
Lyford Drive ("Project Site") is unsightly and is commonly used for informal head-in
parking on the dirt shoulder, which results in potentially hazardous turning motions
across the boulevard.
2. The Project Site serves as a gateway to the downtown shopping area of the Town.
3. In 1983, the Town formed the Tiburon Redevelopment Agency ("Agency") to eliminate
blight and formulate and carry out redevelopment projects to permit orderly residential,
commercial and open space development in the planning area.
4. On September 2 1983, the Agency adopted the Redevelopment Plan for the Tiburon
Redevelopment Project ("Redevelopment Plan") to eliminate and reduce aspects of
physical and economic blight within the Tiburon Redevelopment Project Area (the
"Project Area") by, among other things, improving Tiburon Boulevard and providing
public parking.
5. The Agency currently is in possession of unallocated funds in the amount of $290,000.
6. The Town is currently in the planning stages of a project ("Lyford Drive Project") located
on the south side of Tiburon Boulevard near the intersection with Lyford Drive ("Project
Site"), which site lies within and contiguous to the Project Area and is the gateway to the
Tiburon downtown.
7. The Town Council of the Town has found that (1) the construction of the Project is of
benefit to the Project Area by helping to eliminate blight within the Project Area; (2) no
other reasonable means of financing the Project are available to the community; and (3)
the payment of funds for the Project is consistent with the implementation plan adopted
pursuant to Section 33490.
Reso TC Appoval of Lyford Ag 2-16-11 final.doc
8. The Lyford Drive Project will enhance the aesthetic appeal of the Project Site, improve
the parking available in that location and improve the safety of motorists using the
parking area.
9. In light of recent public works projects, prevailing and anticipated revenue shortfalls, the
Town's available funding for the project is less than anticipated costs. The Town will not
be able to finance the Lyford Project without assistance from the Agency as provided
herein.
10. The Parties desire to formally provide for the Agency to contribute $290,000 ("Agency
Contribution") to the Town to fund a portion of the costs and expenses incurred by the
Town prior to and following execution of this Agreement in connection with the portion
of the Lyford Drive Project that lies within the Project Area, including, without
limitation, Project planning, engineering and design, environmental review of the Project,
the preparation of the Redevelopment Plan and reports related thereto, including
consultant contract and administrative costs, and related planning matters, all as set forth
in the Cooperation and Reimbursement Agreement for Improvement of Tiburon
Boulevard Right of Way Near the Lyford-Drive Intersection ("Cooperation Agreement")
attached to this resolution as Exhibit A.
11. In addition, the parties wish to provide that in the event that the Town decides not to
proceed with the Lyford Drive Project, the Town is authorized to use the Agency
Contribution for other purposes or projects consistent with the Tiburon Redevelopment
Plan.
12. Approval of the Agreement is not a project subject to the California Environmental
Quality Act ("CEQA"), because the Agreement does not commit the Town to take any
action that could cause any physical change in the environment.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon:
The facts set forth in this Resolution are true and correct.
2. The Council finds as follows:
(a) That the acquisition of land or the installation or construction of the buildings, facilities,
structures, or other improvements that are publicly owned, as contemplated by this Resolution, are
of benefit to the project area by helping to eliminate blight within the project area or providing
housing for low- or moderate-income persons.
(b) That no other reasonable means of financing the acquisition of the land or installation or
construction of the buildings, facilities, structures, or other improvements that are publicly owned,
are available to the community.
Reso TC Appoval of Lyford Ag 2-16-11 final. doc 2
(c) That the payment of funds for the acquisition of land or the cost of buildings, facilities,
structures, or other improvements that are publicly owned as contemplated by this Resolution, is
consistent with the implementation plan adopted pursuant to Section 33490.
3. The Town Manager of the Town of Tiburon is authorized to execute the Cooperation
Agreement, attached hereto and incorporate herein by reference, and any other documents that may be
necessary or appropriate to complete the transaction described herein.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon
on , 2011 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
Town of Tiburon
ATTEST:
DIANE CRANE, TOWN CLERK
Reso TC Appoval of Lyford Ag 2-16-I1 final. doc 3
COOPERATION AND FUNDING AGREEMENT
FOR IMPROVEMENT OF TIBURON
BOULEVARD RIGHT OF WAY NEAR THE
LYFORD DRIVE INTERSECTION AND OTHER
IMPROVEMENT PROJECTS CONSISTENT WITH
THE TIBURON REDEVELOPMENT PLAN
This Agreement, dated February , 2011, is by and between the Redevelopment
Agency of the Town of Tiburon ("Agency") and the Town of Tiburon (the "Town") (collectively,
the "Parties").
WITNESSETH
WHEREAS, the Agency is vested with the responsibility for formulating and carrying
out necessary redevelopment projects within the Town; and
WHEREAS, on September 2 1983, the Agency adopted the Redevelopment Plan for the
Tiburon Redevelopment Project ("Redevelopment Plan") to eliminate and reduce aspects of
physical and economic blight within the Tiburon Redevelopment Project Area (the "Project
Area") by, among other things, improving Tiburon Boulevard and providing public parking; and
WHEREAS, the Agency currently is in possession of unallocated funds in the amount of
$290,000; and
WHEREAS, the Town is currently in the planning stages of a project ("Lyford Drive
Project") located on the south side of Tiburon Boulevard near the intersection with Lyford Drive
("Project Site"), which site lies primarily within the Project Area and is the gateway to the
Tiburon downtown and;
WHEREAS, the Town Council of the Town has found that (1) the construction of the
Project is of benefit to the Project Area by helping to eliminate blight within the Project Area.; (2)
no other reasonable means of financing the Project are available to the community; and (3) the
payment of funds for the Project is consistent with the implementation plan adopted pursuant to
Section 33490.
WHEREAS, the purpose of the Lyford Drive Project is to enhance the aesthetic appeal
of the Project Site and improve the parking available in that location;
WHEREAS, the Parties desire to formally provide for the Agency to partially finance the
costs and expenses incurred by the Town prior to and following execution of this Agreement in
connection with the portion of the Lyford Drive Project that lies within the Project Area,
including, without limitation, Project planning, engineering and design, environmental review of
Page I of 3
183\23\846775.1
the Project, the preparation of the Redevelopment Plan and reports related thereto, including
consultant contract and administrative costs, and related planning matters; and
WHEREAS, the Town and the Agency are each ready and willing to assume the
relationship described herein.
NOW, THEREFORE, the Agency and the Town, for and in consideration of the mutual
promises and agreements herein contained do agree as follows:
1. PURPOSES
The purpose of this Agreement is to provide for the Agency to contribute $290,000
("Agency Contribution") to partially finance costs and expenses incurred by the Town prior to
and following the execution of this Agreement in connection with the portion of the Lyford
Drive Project that lies within the Project Area. Reimbursable expenses include, without
limitation, Project planning, engineering and design, environmental review of the Project, the
preparation of the Redevelopment Plan and reports related thereto, including consultant contract
and administrative costs, and related planning matters. In the event that the Town Council
decides not to proceed with the Lyford Drive Project, the Town shall be authorized to use the
Agency Contribution for other projects or purposes consistent with the objectives of the Tiburon
Redevelopment Plan;
2. TERM OF AGREEMENT
This Agreement shall be in full force and effect for a period beginning as of the date first
above written and continuing until all repayment and reimbursement obligations of the Agency
to the Town are satisfied in full in accordance with the terms of this Agreement.
3. PAYMENT OF PROJECT CONTRIBUTION
The Town has advanced, and expects to advance in the future, funds necessary to develop
the Project in excess of the Agency Contribution. The Agency will pay the Agency Contribution
to Town within 5 days of the execution of this Agreement,
4. SUBORDINATION
It is agreed by the parties that all repayments and reimbursements to the Town pursuant
to this Agreement are hereby subordinated to any and all payments necessary to satisfy the
Agency's obligations in connection with any existing or future bonded indebtedness or obligation
which may be incurred by the Agency for the benefit of the redevelopment program or to the
extent necessary for any bonded indebtedness for which the Agency has pledged as a security or
source of repayment tax increment generated within the Project Area.
Page 2 of 3
183\23\846775.1
5. VALIDITY OF AGREEMENT
If any provisions of this Agreement, or the application thereof to any person, party,
transaction, or circumstance, is held invalid, the remainder of this Agreement, or the application
of such provision to other persons, parties, transactions or circumstances, shall not be affected
thereby.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date
written above.
APPROVED AS TO FORM: AGENCY:
REDEVELOPMENT AGENCY OF THE TOWN
OF TIBURON, a public body, corporate and politic
By:
Agency Counsel Its:
By:
Dated:
ATTEST:
By:
Agency Secretary
APPROVED AS TO FORM: TOWN:
THE TOWN OF TIBURON, a political subdivision
of the State of California
By:
Town Attorney Its:
By:
Dated:
ATTEST:
By:
Town Clerk
Page 3 of 3
183\23\846775.1
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
.r
To: Mayor and Members of the Town Council
From: Department of Public Works
Police Department
Town Council Meeting
February 16, 2011
Agenda Item: -CC 3
Subject: Recommendation to Accept the Automated License Plate Reader
Installation Project and Authorize the Filing of the Notice of
Completion for the Work
n
Reviewed By:
BACKGROUND
On November 18, 2009, the Council authorized staff to advertise and seek bids for the
construction of the Tiburon License Plate Reader Installation Project. The project was posted and
advertised as required by the State of California's Public Contract Code.
The contract was awarded to Republic ITS on June 9, 2010 in the amount of $35,450. Work
consisted of the installation of communication and electrical conduits and poles, Police
Department furnished cameras, and appurtenant work.
The work was substantially completed on December 17th, 2010. The completed work included
two change orders for unforeseen items of work in the total amount of $1,605. Based on the work
performed, material installed, and total change orders, the final construction project cost was
$37,055. The total project cost is approximately $155,000, consisting of camera and computer
equipment, consultant support and construction.
Funding for the overall project was provided for by various sources including the Town, ABAG
grants, the City of Belvedere, and Marin County Sheriff's department. The City of Belvedere has
already submitted their contribution towards the project.
RECOMMENDATION
Staff recommends that the Town Council:
Move to adopt a resolution accepting this project as complete and authorizing the Director
of Public Works / Town Engineer to execute the Notice of Completion on behalf of the
Town Council, and upon completion of the 35 day period, release the retention funds to
the contractor.
Exhibits: Resolution Accepting the Tiburon License Plate Reader Installation Project and
Authorizing the Filing of the Notice of Completion for the Work.
Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Community Development Department
Town Council Meeting
February 16, 2011
Agenda Item: CC
Subject: 2312 Spanish Trail: Resolution Granting an Appeal of Site Plan and
Architectural Review Approval for Construction of a New Detached
Two-Family Dwelling, with a Detached Two-Family Dwelling Exception
and a Variance for Reduced Front Yard Setback; William and Joy
Norris, Owners; Roger Hartley, Applicant; Jerome Bernal, Shelley
Brown, Celia and Ann DeMartini, Robert Harrison, Wallace Quinn,
Dennis and Terry Schwakopf, and Sue Zimmerman, Appellants; File
#21017; Assessor's Parcel No. 059-201-32
Reviewed By:
BACKGROUND
At its meeting of January 19, 2011, the Town Council held a hearing on this item and directed
Staff to return with a resolution granting the appeal and denying the Site Plan and Architectural
Review application for construction of a new detached two-family dwelling, with a detached two-
family-dwelling exception and a variance for reduced front yard setback, at 2312 Spanish Trail.
The Council agreed to waive zoning permit fees if an application for an attached two-family
dwelling unit was made within one year.
A draft resolution to that effect is attached as Exhibit 1.
RECOMMENDATION
Adopt the Resolution.
EXHIBITS
A. Draft Resolution.
Prepared By: Daniel M. Watrous, Planning Manager
S:IAdministrationlTown CouncibStaffReports1201 I Teb 16 DRAFTS12312 Spanish Trail.appeal report2.doc
TOWN OF TIBURON PAGE 1 OF 1
RESOLUTION NO. (Draft)-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON GRANTING AN APPEAL BY JEROME BERNAL, SHELLEY
BROWN, CELIA AND ANN DEMARTINI, ROBERT HARRISON,
WALLACE QUINN, DENNIS AND TERRY SCHWAKOPF, AND SUE
ZIMMERMAN TO OVERTURN THE DESIGN REVIEW BOARD'S
APPROVAL OF SITE PLAN AND ARCHITECTURAL REVIEW
APPROVAL FOR CONSTRUCTION OF A NEW DETACHED TWO-
FAMILY DWELLING, WITH A DETACHED TWO-FAMILY
DWELLING EXCEPTION AND A VARIANCE
FOR REDUCED FRONT YARD SETBACK,
ON PROPERTY LOCATED AT 2312 SPANISH TRAIL
(ASSESSOR PARCEL NO. 059-201-32)
WHEREAS, on July 15, October 7, November 4, and December 2, 2010, the
Design Review Board held public hearings on a Site Plan and Architectural Review
application (File #21017) filed by William and Joy Norris to construct a new detached
two-family dwelling, with a Detached Two-Family Dwelling Exception and a Variance
for reduced front yard setback, on property located at 2312 Spanish Trail; and
WHEREAS, on December 2, 2010 the Design Review Board adopted
Resolution No. 2010-03 conditionally approving the project; and
WHEREAS, the Design Review Board's decision was appealed in a timely
manner by Jerome Bernal, Shelley Brown, Celia and Ann Demartini, Robert Harrison,
Wallace Quinn, Dennis and Terry Schwakopf, and Sue Zimmerman (collectively referred
to as "appellants"); and
WHEREAS, the project consists of File #21017, on file with the Town of
Tiburon Community Development Department. The official record for this project is
hereby incorporated and made part of this resolution. The record includes the Staff
Reports, minutes, application materials, and all comments and materials received at the
public hearings, and
WHEREAS, the Council established the detached two-family dwelling
exception process to effectively prohibit new detached two-family dwellings in the R-2
zone unless the applicant presented clear and convincing evidence to support and justify
said detachment in accordance with the criteria established for approval; and
WHEREAS, Section 16-40.020(B) of the Zoning Ordinance states that "The
purpose of the two-family dwelling exception process is to limit approval of such uses
where the applicant has successfully addressed land use compatibility issues and
neighborhood impacts, and where the detached units will result in a demonstrably
Town Council Resolution No. (Draft)-2011 02/16/2011 Page 1 of 4
superior site planning solution as compared to a probable attached two-family dwelling";
and
WHEREAS, the Town Council finds that the application fails to demonstrate
that it addresses the land use compatibility issues of the project, as a detached second
dwelling unit would be inconsistent with the development pattern of attached two-family
dwellings and single-family dwellings on individual lots that prevails in the vicinity. The
Town Council concludes that the project as proposed would clearly appear as two
separate dwelling units, but would be located on a single parcel, and would thus
contribute to the appearance of a de facto single family residential land use pattern on
significantly smaller lots than is allowed in any single family zone, as described in
Section 16-40.020(A) of the Zoning Ordinance. The Town Council finds this contrary to
the intent of the Detached Two-family Dwelling Exception process.
WHEREAS, Section 16-40.020(I) of the Zoning Ordinance states that "The
burden rests with the applicant to convince the [review authority] that the project has met
the criteria necessary for approval"; and
WHEREAS, the Town Council held a public hearing on January 19, 2011,
and after receiving testimony and reviewing all evidence in the record, determined that
the subject application had not convincingly demonstrated that it had met Criterion #2 or
Criterion #3 for approval of a Detached Two-Family Dwelling Exception, as set forth in
Section 16-40.020(F) of the Zoning Ordinance. The Town Council specifically finds as
follows with respect to these criteria:
Criterion #2. Physical conditions exist on the lot that render impractical or difficult
the construction of attached units; or the site planning superiority and land use
compatibility benefits of detached units are clearly demonstrated for the lot.
A. The Town Council finds that the applicant has not demonstrated that
physical conditions on the lot render impractical or difficult the
construction of attached units. The Town Council finds that the
physical characteristics of the subject property are similar to those of
numerous other lots in the R-2 zone of the Old Tiburon neighborhood
and in the immediate vicinity with respect to lot area, lot width, and in
terms of being "through" lots with dual frontages. The applicant has
not identified any obvious physical conditions that could warrant a
detachment exception (e.g., rock outcropping, midden site, steep
vertical drop in elevation). Further, the Town Council finds that the
evidence in the record indicates that the physical impediments claimed
in the application do not preclude an attached unit.
B. The Town Council finds that the application has failed to clearly
demonstrate the site planning superiority of a detached two-family
dwelling for the lot, as a probable attached second dwelling unit could
be excavated into the site and attached to the rear of the existing
Town Council Resolution No. (Draft)-2011 02/16/2011 Page 2 of 4
building that would not result in substantial view blockage, privacy, or
visual impacts on the neighboring residence at 2356 Spanish Trail.
Furthermore, the Town Council finds that vehicular access for attached
dwellings would be demonstrably similar to such access for detached
dwellings.
Criterion #3. Two dwelling units in two detached buildings would likely reduce
visual, environmental, privacy or other impacts as compared to a probable
attached two-family dwelling on the lot.
A. The Town Council finds that based on site visits, review of the
drawings, model, and other evidence presented at the appeal hearing
and in the record, two dwelling units in two detached buildings would
not necessarily reduce visual, privacy or and view blockage impacts as
compared to a probable attached two-family dwelling on the lot.
B. The Town Council finds that the applicant has not met his burden of
demonstrating the detached plan would likely reduce visual, privacy or
other impacts. For example, the project as proposed would have the
appearance of two single-family dwellings on individual lots, and the
visual appearance of two detached dwelling units on this lot would
likely be equal to or greater than that of two attached dwellings,
especially when viewed from properties on Vista Del Mar Lane. The
potential visual and view blockage impacts from a detached second
dwelling unit on the site would be roughly equal to and not clearly
reduced in magnitude from those created by an attached project
design.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Tiburon hereby grants the appeal of Jerome Bernal, Shelley Brown, Celia and Ann
Demartini, Robert Harrison, Wallace Quinn, Dennis and Terry Schwakopf, and Sue
Zimmerman and denies the applications (File #21017) for Site Plan and Architectural
Review to construct a new detached two-family dwelling, with a Detached Two-Family
Dwelling Exception, and a Variance for reduced front yard setback, on property located
at 2312 Spanish Trail. The denial is made without prejudice in that the Town will waive
zoning application fees if the applicant submits an application for construction of an
attached two-family dwelling unit on the property within one (1) year following the
adoption of this resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council on
February 16, 2011, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
Town Council Resolution No. (Draft)-2011 02/16/2011 Page 3 of 4
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S: Wdministrationl Town CounciPResolutions1201112312Spanish Trail appeal resovIdoc
Town Council Resolution No. (Draft)-2011 02/16/2011 Page 4 of 4
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Town Manager and Town Attorney
Town Council Meeting
February 16, 2011
Agenda Item: _
-~Z--4-N
Subject: Recommendation to Adopt a Resolution Authorizing the Town
Manager to Negotiate and Execute a Cooperation Agreement between
the Tiburon Redevelopment Agency, the Town of Tiburon and the
Marin Housing Authority for the Transfer and Use of Housing Funds
Reviewed By:
AMENDED STAFF REPORT
BACKGROUND AND ANALYSIS
The Tiburon Redevelopment Agency's 1983 Redevelopment Plan has expired and the Agency's
sole outstanding legal obligation consists of creating new affordable housing within the Plan
Area. The Agency has restricted funds for that purpose, consisting of $862,445.45 in cash and
$663,411 in the form of a note from Cecilia Place (collectively, "Housing Fund"). The Agency's
adopted five-year Implementation Plan provides for the use of the Housing Fund to create
affordable housing as required by the Redevelopment Plan and the Town's Housing Element.
However, The Implementation Plan's proposed sites are currently unavailable, but the Plan
provides that the Agency's specific projects and program may vary from those outlined in therein,
to reflect unpredictable constraints and opportunities.
Given the extraordinary cost of land acquisition and construction in the Town, the monies
available in the Housing Fund are currently insufficient to create the necessary affordable
housing. As a further constraint, the Governor's proposed budget, the Agency may be terminated
before it can fulfill its housing obligation. To meet the Town and Agency's legal housing
requirements, staff recommends a partnership with another agency with resources and expertise
in the field.
The Marin Housing Authority has indicated a willingness to enter into an agreement with the
Agency to use the funds to implement an affordable housing program consistent with the Tiburon
Redevelopment Plan and state law, subject to the direction of the Town. The Town would be a
party to the agreement to ensure effective planning and policy oversight. The agreement would
substantially conform to the attached draft. In the event that the Town Manager is unable to
negotiate an acceptable agreement with the Authority, the Manager would be authorized to
negotiate and execute a similar agreement with an experienced non-profit developer.
RECOMMENDATION
Staff recommends that the Town Council:
Adopt a Resolution authorizing the Town Manager to Execute the Cooperation
Agreement with the Tiburon Redevelopment Agency and the Marin Housing Authority
for the Transfer and Use of Housing Funds
Exhibit: Draft Resolution
Draft Cooperation Agreement
Prepared By: Ann R. Danforth, Town Attorney
Draft
RESOLUTION NO. XX-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING AN AFFORDABLE
HOUSING AGREEMENT AND MAKING CERTAIN
FINDINGS RELATED THERETO
WHEREAS, the Town Council of the Town of Tiburon ("Town") has adopted the
Redevelopment Plan (the "Redevelopment Plan") for the Tiburon Redevelopment Project Area
(the "Project Area"); and
WHEREAS, the Tiburon Redevelopment Agency (the "Agency") is engaged in various
activities in its efforts to provide affordable housing and to remove the blighting conditions that
still remain in the Project Area; and
WHEREAS, in keeping with the goals of the Agency to reduce physical and economic
blight and to provide affordable housing in accordance with the Redevelopment Plan and
Agency's current Implementation Plan (the "Implementation Plan"), the Town and Agency have
been working cooperatively regarding the development of affordable housing and certain public
improvements in the Project Area; and
WHEREAS, due to the complexity of affordable housing projects with varying funding
sources, the Agency and the Town desire to enter into an Affordable Housing Agreement (the
"Agreement"), a draft of which is attached to this Agreement and incorporated herein, with the
Marin County Housing Authority ("Authority") through which the Agency shall provide funding
to the Authority from the Agency's Low and Moderate Income Housing Fund (the "Grant"), the
Town shall provide oversight, monitoring and reports to the state and the Authority shall work
with developers to develop and provide funding for projects to increase, improve, and preserve
the supply of affordable housing within the Project Area and the territorial jurisdiction of the
Town, and
WHEREAS, implementation of the Agreement will assist the Agency to accomplish the
stated goals in the Redevelopment Plan and its current Implementation Plan as described in the
staff report accompanying this Resolution; and
WHEREAS, under the California Redevelopment Law (Health and Safety Code Section
33100 et seq.; the "Law"), before the Agency can expend money from its Housing Fund outside
the area of the Redevelopment Plan, the Agency and the Town must make specified findings
pursuant to Health and Safety Code Section 33334.2(g); and
WHEREAS, pursuant to State CEQA Guidelines Section 15378(b)(4), approval of the
Agreement is not a project subject to the California Environmental Quality Act ("CEQA"),
Tiburon Town Council Resolution No. XX-2011 02116111
because the Agreement consists of the creation of a governmental funding mechanism for
affordable housing projects, but does not commit funds to any specific affordable housing
project, in that environmental review required by CEQA shall be completed prior to the
commencement of any affordable housing project pursuant to the Agreement; and
WHEREAS, the Staff Report for this resolution, the staff report to the Agency and the
Implementation Plan provide additional information upon which the findings and actions set
forth in this Resolution are based.
NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Tiburon
as follows:
1. All the Recitals above are true and correct and incorporated herein.
2. In compliance with Section 33334.2(8) of the Law, the Town Council hereby finds that
the Agreement properly allows assistance to affordable housing projects located outside the
Project Area will be of benefit to the Redevelopment Plan, in that there may be insufficient
residential property within the Project Area to create the needed housing and that providing the
funds would benefit the Project Area by creating affordable housing throughout the Town that
would be available to workers and residents in the Project Area. This finding is further based on
the facts and analysis in the Staff Report incorporated in this Resolution.
3. The Town Council consents to the Agency expenditures as called for in the Agreement
for the affordable housing projects pursuant to the Agreement, subject to completion of any
environmental review required by CEQA prior to the commencement of any project pursuant to
the Agreement.
4. The Town Council hereby approves the draft Agreement in concept and authorizes the
Town Manager to negotiate, enter into and execute the Agreement on behalf of the Town for the
funding and completion of affordable housing projects pursuant to the Agreement, substantially
in the form attached hereto, with such revisions as are reasonably determined necessary by the
Town signatory, such determination to be conclusively deemed to have been made by the
execution of the Agreement by the Town signatory. The Town Manager is authorized to
implement the Agreement and take all further actions and execute all other documents which are
necessary or appropriate to carry out the Agreement.
5. In the event that the Town Manager is unable to negotiate an acceptable Agreement
with the Authority, the Town Manager is authorized to negotiate and execute a substantially
similar agreement with an experienced non-profit developer to use the Housing Fund to create
the necessary affordable housing. In the further event that the Town Manager is unable to
negotiate an acceptable agreement with a nonprofit corporation, the Town shall retain the
Housing Fund in a segregated fund for future uses consistent with the Tiburon Redevelopment
Plan and the Implementation Plan.
Tiburon Town Council Resolution No. XX-2011 02116111 2
5. The Town Manager is hereby authorized and directed to file Notices of Exemption
with respect to the Agreement in accordance with the applicable provisions of CEQA.
6. The Town Manager is hereby authorized to take such further actions as may be
necessary or appropriate to carry out the Town's obligations pursuant to this Resolution and the
Agreement.
7. The Town Clerk shall certify to the adoption of this Resolution.
8. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon this 16th day of February, 2011, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Tiburon Town Council Resolution No. XX-2011 02116111 3
AFFORDABLE HOUSING AGREEMENT FOR THE
TIBURON REDEVELOPMENT HOUSING PROJECT
This Affordable Housing Agreement (the "Agreement") is for the purpose of funding
affordable housing projects and programs to be developed and/or administered by the Housing
Authority of Marin County (the "Authority") and is entered into as of February 2011 by and
among the Authority, the Town of Tiburon, a municipal corporation (the "Town") and the Town
of Tiburon Redevelopment Agency, a public body, corporate and politic (the "Agency"), on the
basis of the following facts, understandings and intentions of the parties:
R FC.TTA T .,q
A. Pursuant to the California Community Redevelopment Law (Health and Safety
Code Section 33000 et sees the "Redevelopment Law"), the Town Council of the Town has
adopted and the Agency is responsible for implementing the Redevelopment Plan (the
"Redevelopment Plan") for the Town of Tiburon Redevelopment Project Area (the "Project
Area").
B. To assist in implementing the Redevelopment Plan, the Agency has adopted a five
(5)-year implementation plan (the "Implementation Plan") pursuant to Section 33490 of the
Redevelopment Law. The Implementation Plan contemplates developing housing affordable to
very low, low and moderate income households at six sites, none of which are currently available
for this purpose.
C. Pursuant to Health and Safety Code Sections 33334.2 and 33334.3, the Agency
has the obligation to establish a Low and Moderate Income Housing Fund (the "Housing Fund")
and to expend monies in the Housing Fund for the purposes of increasing, improving, and
preserving the community's supply of housing available at affordable housing cost to low and
moderate income households, lower income households, very low income households, and
extremely low income households. At this time, the Agency must develop 5.5 very low income
units to meet the Agency's total Affordable Housing Production Requirement ("Affordable
Housing Requirement").
D. The Authority is a public corporation created to finance, construct, improve,
maintain, lease, sell and manage decent safe and sanitary housing for people of low and
moderate incomes. Section 34311 of the Health and Safety Code authorizes the Authority to
enter into this Agreement, which is necessary and convenient to the exercise of its powers.
E. Pursuant to Health and Safety Code Section 33125, the Agency has authority to
execute contracts necessary or convenient to the exercise of its powers.
F. Pursuant to Health and Safety Code Section 33220(e), the Town is authorized to
enter into this Agreement to assist the Agency in performing powers and obligations under the
Redevelopment Law.
Coop Ag MHA 2-16-1 LDOC
G. The tasks the Authority has agreed to undertake under this Agreement support the
Authority's corporate purposes and mission.
H. The Agency desires to contract with the Authority to provide Housing Funds to
the Authority for use by the Authority to increase, improve, and preserve the supply of
affordable housing in the Project Area or within the territorial jurisdiction of the Town,
consistent with the Redevelopment Plan, the Redevelopment Law, the Implementation Plan, and
the Housing Element of the General Plan of the Town of Tiburon (the "Housing Element").
1. The Housing Element includes an assessment of the existing and projected
housing needs of the community, including the Town's regional fair share allocation of the
regional housing need. The housing needs assessment in the Housing Element in effect as of the
date of this Agreement indicates a need in the Town for 18 housing units affordable to extremely
low income households, 36 housing units affordable to very low income households, 21 housing
units affordable to lower income households, and 27 housing units affordable to moderate
income households.
J. The parties desire that the Agency will provide Housing Fund monies to the
Authority, which the Authority will utilize to finance Housing Fund-eligible activities to
increase, improve, and preserve the supply of affordable housing within the Project Area and the
territorial jurisdiction of the Town, consistent with the Redevelopment Plan, the Redevelopment
Law, the Implementation Plan and the Housing Element, as they currently exist or as they may
be amended from time to time.
K. The parties have set forth in Exhibit A attached to and incorporated in this
Agreement by this reference, a list of potential projects and programs that the Authority may
undertake utilizing funds provided pursuant to this Agreement. Exhibit A in its entirety is
referred to in this Agreement as the "Affordable Housing Plan" and the projects and programs
listed in the Affordable Housing Plan from time to time are referred to individually as an
"Affordable Housing Project" or "Affordable Housing Program", as applicable, and collectively
as the "Affordable Housing Projects and Programs." The Affordable Housing Plan set forth in
Exhibit A is subject to modification as provided in Section 2.2.
L. The Affordable Housing Projects and Programs are consistent with the
Redevelopment Plan, the Housing Element and the Implementation Plan. Implementation of the
Affordable Housing Projects and Programs will benefit the Project Area and will assist in the
elimination of blight in the Project Area and the provision of affordable housing in the
community. The use of funds as provided in this Agreement is authorized by the Redevelopment
Law, and the Agency and Town Council have made all findings required under the
Redevelopment Law for such use.
M. Pursuant to State CEQA Guidelines Section 15378(b)(4), approval of the
Agreement is not a project subject to the California Environmental Quality Act ("CEQA"),
because this Agreement consists of the creation of a governmental funding mechanism for
various affordable housing projects and programs, but does not commit funds to any specific
project or program, in that environmental review required by CEQA shall be completed prior to
2
Coop Ag MHA 2-16-1 LDOC
the commencement of any Affordable Housing Project or Affordable Housing Program listed in
the Affordable Housing Plan contained in Exhibit A.
N. The Town will provide on-going monitoring and provide all required reporting to
the State of California.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged, the Authority, the Town and the Agency agree as follows:
ARTICLE 1
AGENCY GRANT
Section 1.1 Agency Grant. Subject to the terms and conditions of this Agreement,
the Agency,hereby grants to the Authority, and the Authority hereby accepts from the Agency, a
grant (the "Grant") in the amount of one million five hundred thousand eight hundred-fifty-six
dollars and forty-five cents ($1,525,856.45). The sources of the Grant are all funds and other
assets currently held by the Agency in the Housing Fund and not previously encumbered by
binding contract for other activities, projects, or programs. The Grant consists of eight hundred
sixty-two thousand four hundred and forty-five dollars and forty-five cents ($862,445.45) in cash
and a Note in the amount of six hundred sixty-three thousand four hundred and eleven dollars
($663,411.00) dated September 1, 1996 from the Cecilia Place Homes Limited Partnership, a
California Limited Partnership. The Authority shall use the Grant first to complete the Agency's
Affordable Housing Requirement. Any remaining funds shall be used for other purposes as set
forth in the Affordable Housing Plan as further provided in Article 2.
Section 1.2 Payment Procedure. The Agency shall pay the Available Funds to the
Authority within thirty (30) days of the date of this Agreement. Until needed to fund an
Affordable Housing Project or Affordable Housing Program, the Authority shall invest all Grant
funds received from the Agency in an investment vehicle acceptable to all parties, and shall
apply all interest earned thereon toward the cost of the Affordable Housing Projects and
Programs.
ARTICLE 2
AFFORDABLE HOUSING PROJECTS AND PROGRAMS
Section 2.1 Use of Grant and Term. The Authority shall use the Grant exclusively
for the purposes of increasing, improving, and preserving the Town of Tiburon's supply of
housing available at affordable housing cost to low and moderate income households, lower
income households, very low income households, and extremely low income households in
accordance with the requirements of the Redevelopment Law and the terms and conditions of
this Agreement. The Authority shall initially use the Grant to satisfy the Agency's Affordable
Housing Requirement. After meeting the Affordable Housing Requirement, the Authority shall
use any remaining funds from the Grant to pay any costs which are eligible Housing Fund costs
pursuant to Health and Safety Code Section 33334.2 et sue, including without limitation eligible
costs of the Affordable Housing Projects and Programs shown in the Affordable Housing Plan.
Coop Ag MHA 2-16-1 LDOC
The Authority shall expend the Grant funds and undertake the Affordable Housing Plan in
accordance with all applicable laws and regulations, including without limitation, laws and
regulations related to the pennissible uses of Housing Fund monies, monitoring of housing
assisted with Housing Funds, statutorily-required findings by the Agency Board and Town
Council, where applicable, prior to expenditures of Housing Funds, payment of prevailing wages
(to the extent applicable), non-discrimination, and all applicable requirements of the
Redevelopment Law, the Tiburon Municipal Code and the Housing Element. The Authority
further understands and agrees that each Affordable Housing Project funded with Grant proceeds
must be subject to a restriction regulating certain of the units in the project to affordable housing
cost for specified income levels, in a form to be provided and recorded by the Agency or its
Successor, and effective for forty-five (45) years for ownership housing and fifty-five (55) years
for rental housing. The Authority shall use the Grant funds for the various Affordable Housing
Projects and Programs by not later than fifteen (15) years from the date of this Agreement, which
date may be extended by written agreement of all the parties in the same manner as provided for
modification of the Affordable Housing Plan as set forth in Section 2.2 (the "Tenn"). Within
ninety (90) days following the Town's fiscal year end (June 30th) throughout the Term of this
Agreement, the Authority agrees to provide the Agency and the Town annual reports regarding
the amount of Grant funds unused to date, interest earned on Grant funds during that preceding
fiscal year and information on the use of the Grant funds to date with specific details as
reasonably requested by the Town as needed for any reports required under the Redevelopment
Law.
Section 2.2 Consultation; Modification of Improvement Plan. The parties shall
confer periodically to establish priorities and timing for funding and completion of the various
Affordable Housing Projects and Programs, to review the scope and design of each Affordable
Housing Project and Program, and to determine any mutually acceptable modifications in the
cost estimates and budgets for the various Affordable Housing Projects and Programs. The
parties may modify the Affordable Housing Plan from time to time: to provide for the use of
additional federal, state and local funds; to account for unexpected revenues, whether greater or
lesser; to modify, add, or delete an Affordable Housing Project or Program from the Affordable
Housing Plan; to modify the cost estimate for individual Affordable Housing Projects and
Programs; to maintain consistency with the Town's General Plan and the Redevelopment Plan; or
to take into consideration unforeseen circumstances, including without limitation circumstances
that may come to light as a result of subsequent environmental review required by CEQA, as
further described in Section 2.3. The Affordable Housing Plan may be modified by agreement
between the Executive Director on behalf of the Authority, the Town Manager on behalf of the
Town and the Executive Director on behalf of the Agency; provided, however, in no event shall
the total Grant to be paid by the Agency to the Authority exceed the Maximum Grant Amount
without a formal amendment of this Agreement approved by the Authority's board of directors,
the Town Council and the Agency Board; and, provided further, however, that any addition of
any Affordable Housing Project or Program to the Affordable Housing Plan shall be conditioned
upon the making of all required Redevelopment Law findings and CEQA findings by the Town
Council and the Agency Board in their policy discretion.
Section 2.3 CEQA Review. Prior to the approval, use of Grant funds, and
commencement of construction of any Affordable Housing Project or the implementation of any
Affordable Housing Program (other than preliminary feasibility work that is exempt from the
4
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requirements of CEQA), all necessary environmental review required by CEQA shall be
completed. All Affordable Housing Projects and Programs to be funded with Grant funds from
the Agency pursuant to this Agreement must be consistent with CEQA. This Agreement in no
way limits the discretion of the Planning Commission, the Agency, and Town Council in
completing environmental review of the Affordable Housing Projects.
Section 2.4 Payment of Fees. The Town shall provide any ongoing monitoring of
Affordable Housing Projects and the Authority's activities under this Agreement, consultations
regarding the Affordable Housing Plan and Programs under this Agreement, and all reporting to
the State of California as required under the Redevelopment Law for as long as required under
the Redevelopment Law, or any successor provisions of law. The Authority shall pay the Town
an administration fee of for each of fiscal years 2011-12 and
2012-13 to cover these services. The Authority and the Town may mutually agree in the future
to additional administrative fees or other payments to be paid to the Authority or to the Town, to
the extent warranted at such times.
Section 2.5 Ongoing Authority Obligations. The Authority shall be responsible for
ongoing administration of the Housing Funds comprising the Grant. The Agency's grant and the
Authority's acceptance of the Grant shall not imply any ownership or responsibility for the
Affordable Housing Projects and Programs by the Agency or the Town.
Section 2.6 Indemnity. The Authority shall indemnify, defend, and hold the
Agency, the Town and their officers, board members, council members, agents, and employees,
harmless against all claims, demands, damages, losses, costs, expenses, including without
limitation, attorneys' fees and costs of litigation, or liabilities made against them which arise out
of, or in connection with the Affordable Housing Projects and Programs; provided, however, that
this indemnity shall not extend to any claim arising solely from the Agency's or Town's
negligence or the Agency's or Town's negligent failure to perform its obligations under this
Agreement.
ARTICLE 3
GENERAL PROVISIONS
Section 3.1 Notices, Demands and Communications. Formal notices, demands, and
communications among the parties shall be sufficiently given if, and shall not be deemed given
unless, dispatched by certified mail, return receipt requested, or delivered by an express delivery
service with a receipt showing date of delivery, or hand delivered with a receipt showing date of
delivery, to the principal offices of the parties as follows:
Agency: Town of Tiburon Redevelopment Agency
1505 Tiburon Boulevard
Tiburon, CA 94920
Attn: Executive Director
Town: Town of Tiburon
1505 Tiburon Boulevard
5
Coop Ag MHA 2-16-11.DOC
Tiburon, CA 94920
Attn: Town Manager
Authority: Housing Authority of Marin
4020 Civic Center Drive
San Rafael, CA 94903
Attn: Executive Director
Such written notices, demands and communications may be sent in the same manner to such
other addresses as the affected party may from time to time designate by mail as provided in this
Section. Delivery shall be deemed to have occurred at the time indicated on the receipt for
delivery or refusal of delivery.
Section 3.2 Relationship of Parties. Nothing contained in this Agreement shall
be interpreted or understood by any of the parties, or by any third persons, as creating the
relationship of employer and employee, principal and agent, limited or general partnership, or
joint venture among the Agency, the Town and the Authority or its agents, employees or
contractors, and the Authority shall at all times be deemed an independent contractor and shall be
wholly responsible for the manner in which it or its agents, or both, perform the services required
of it by the terms of this Agreement. The Authority has and retains the right to exercise full
control of employment, direction, compensation, and discharge of all persons assisting in the
performance of services under the Agreement. The Authority shall be solely responsible for all
matters relating to payment of its employees, including compliance with Social Security,
withholding, and all other laws and regulations governing such matters, and shall be solely
responsible for its own acts and those of its agents and employees.
Section 3.3 No Claims. Nothing contained in this Agreement shall create or justify
any claim against the Agency or the Town by any person that the Authority may have employed
or with whom the Authority may have contracted with respect to the Affordable Housing
Projects.
Section 3.4 Non-Liability of Officials. No member, official, employee or agent of
the Agency or the Town shall be personally liable to the Authority or any successor in interest, in
the event of any default or breach by the Agency or Town for any amount which may become
due to the Authority or successor or on any obligation under the terms of this Agreement.
Section 3.5 Actions of the Parties. Except as otherwise provided in this Agreement,
whenever this Agreement calls for or permits a party's approval, consent, or waiver, the written
approval, consent, or waiver of the Agency's Executive Director, the Town's Town Manager and
the Authority's Executive Director (or their respective designees) shall constitute the approval,
consent, or waiver of the Agency, Town and the Authority, respectively, without further
authorization required from the governing board of the party; provided, however, that the person
vested with such authority may seek such further advice or authorization from the applicable
governing board when she/he deems it appropriate.
Section 3.6 Nondiscrimination.
6
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(a) In Performance of Agreement. The Authority and its contractors,
subcontractors, agents, and employees shall not, because of the race, color, creed, religion, sex,
sexual orientation, marital status, national origin, ancestry, familial status, source of income, age,
or disability of any person, refuse to hire or employ the person, or refuse to select the person for
a training program leading to employment, or bar or discharge the person from employment or
from a training program leading to employment, or discriminate against the person in
compensation or in terms, conditions or privileges of employment with respect to performance of
this Agreement.
(b) With Respect to Use of the Affordable Housing Projects. The Authority
covenants by and for itself and its successors and assigns that there shall be no discrimination
against or segregation of a person or of a group of persons on account of race, color, creed,
religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of
income, age, or disability in the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the Affordable Housing Projects and programs.
Section 3.7 Discretion Retained. The Town's execution of this Agreement in no way
limits the discretion of the Town in the permit and approval process in connection with
development of any Affordable Housing Project. In addition, the Agency retains the right to
cease providing funding to the Authority from the source identified in Section 1.2(b) of this
Agreement upon thirty (30) days written notice to the other parties and provided the Authority
shall not be required to return any funds previously paid to the Authority under this Agreement,
except to the extent required by court order.
Section 3.8 No Third Party Beneficiaries. No person or entity other than the
Agency, the Town, the Authority and their permitted successors and assigns, shall have any right
of action under this Agreement.
Section 3.9 State Law; Venue. The laws of the State of California shall govern this
Agreement, and the rights and obligations of the parties hereto. In the event a dispute arises
regarding this Agreement, the venue for resolution of that dispute shall be the County of Marin.
Section 3. 10 Records. The Authority shall maintain complete and accurate financial
accounts, documents and records with respect to the performance of its obligations under this
Agreement, and shall make same available to the Agency's or Town's authorized agents for
copying and auditing upon reasonable prior notice. Such accounts, documents and records shall
be retained by the Authority for ten (10) years following completion of any applicable
Affordable Housing Project.
Section 3.11 Inspection of Documents. During the regular office hours and upon
reasonable prior notice, the Town and the Agency, by their duly authorized representatives, shall
have the right to inspect and make copies of any books, records or reports of the Authority
pertaining to this Agreement.
Section 3.12 Additional Acts. The parties each agree to take such other and
additional actions and execute and deliver such other and additional documents as may be
Coop Ag MHA 2-16-1 LDOC
7
reasonably requested by the other party for purposes of consummating the transactions
contemplated in this Agreement.
Section 3.13 Litigation Regarding Agreement Validity. In the event litigation is
initiated attacking the validity of this Agreement, each party shall in good faith defend and seek
to uphold the Agreement.
Section 3.14 Severability; Validity of Agreement. If any provisions of this
Agreement, or the application thereof to any person, party, transaction, or circumstance, is held
invalid, the remainder of this Agreement, or the application of such provision to other persons,
parties, transactions, or circumstances, shall not be affected thereby.
Section 3.15 Entire Agreement; Modification and Amendment. This Agreement
contains all of the agreements and understandings of the parties pertaining to the subject matter
contained herein and supersedes all prior or contemporaneous agreements, representations and
understandings of the parties. Except as otherwise provided in Section 2.2, this Agreement
cannot be amended or modified except by written agreement of the parties.
Section 3.16 Defaults and Remedies. If any party breaches any other material
provision of this Agreement, one of the other parties shall first notify the breaching party and the
other party in writing of the purported breach or failure, giving the breaching party thirty (30)
days from receipt of such notice to cure or, if cure cannot be accomplished within thirty (30)
days, to commence to cure such breach, failure, or act. In the event the breaching party does not
then so cure within such thirty (30) days, or if the breach or failure is of such a nature that it
cannot be cured within thirty (30) days, the breaching party fails to commence to cure within
such thirty (30) days and thereafter diligently complete such cure within a reasonable time
thereafter but in no event later than one hundred twenty (120) days, then the non-breaching
parties shall be afforded all of their rights at law or in equity, by taking all or any of the
following remedies: (a) terminating in writing this Agreement (provided, however, that the
indemnification provisions of this Agreement shall survive such termination); (b) return of
unused or improperly used Grant funds to the Town; and (c) prosecuting an action for damages
or specific performance.
Section 3.17 Binding Upon Successors. This Agreement shall be binding upon and
inure to the benefit of the heirs, administrators, executors, successors in interest and assigns of
each of the parties to this Agreement, whether by agreement or operation of law, and including,
without limitation, any Successor to the Agency. Any reference in this Agreement to a
specifically named party shall be deemed to apply to any successor, heir, administrator, executor
or assign of such party who has acquired an interest in compliance with the terms of this
Agreement, or under law.
Section 3.18 Time Of The Essence. Time is of the essence in the performance of all
duties and obligations under this Agreement.
Coop Ag MHA 2-16-1 LDOC
8
IN WITNESS WHEREOF, this Agreement has been executed as of the date set forth in the
opening paragraph of this Agreement.
Approved as to Form
Agency Counsel
Approved as to Form
Town Attorney
TOWN OF TIBURON REDEVELOPMENT
AGENCY
Chairperson
TOWN OF TIBURON
Town Manager
HOUSING AUTHORITY OF MARIN COUNTY
Executive Director
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9
EXHIBIT A
AFFORDABLE HOUSING PLAN
1. Affordable Housing Projects and Programs.
A. Types of Projects
• Developer Loans for development of affordable rental housing
• First Time Homebuyer Program consistent with Redevelopment Law - including
down payment assistance, equity share or closing cost loans
• Transitional Housing to assist with homeless prevention
• Housing Rehabilitation consistent with Redevelopment Law
B. Required Income Levels
Pursuant to current Redevelopment Law, the Housing Fund monies provided to the
Authority under this Agreement must be spent in the following percentages on the
identified income levels, which percentages may be modified from time to time as the
Town's Regional Housing Needs Allocations are modified:
• on Extremely Low Income Units
• on Very Low Income Units
• % on Low Income Units
• on Moderate, Low, Very Low or Extremely Low Income Units
A-1
Coop Ag M HA 2-16-11. DOC
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Town Manager and Town Attorney
Town Council Meeting
February 16, 2011
Agenda Item: C
Subject: Recommendation to Adopt Resolution Approving a Cooperation
Agreement between the Town and the Tiburon Redevelopment Agency
for the Transfer of Housing Funds to the Town of Tiburon
Reviewed By: '
BACKGROUND AND ANALYSIS
The Tiburon Redevelopment Agency's 1983 Redevelopment Plan has expired and the Agency's
sole outstanding legal obligation consists of creating new affordable housing within the Plan
Area. The Agency has restricted funds for that purpose, consisting of $862,445.45 in cash and
$663,411 in the form of a note from Cecilia Place (collectively, "Housing Fund"). However,
given the extraordinary cost of land acquisition and construction in the Town, the monies
available in the Housing Fund are currently insufficient to create the necessary affordable
housing. Under the Governor's proposed budget, the Agency may be terminated before it can
fulfill its housing obligation.
The Town also has restricted housing funds and plans to continue to amass such funds until it has
sufficient to construct or purchase new affordable housing units. Staff proposes to add the
Agency's Housing Fund to the Town's housing reserves, on condition that the funds be used to
satisfy the Agency's creation obligations.
RECOMMENDATION
Staff recommends that the Town Council:
Move to Approve a Resolution authorizing the Town Manager to Execute the Cooperation
Agreement with the Tiburon Redevelopment Agency for the Transfer of Housing Funds
Exhibit: Draft Resolution
Draft Cooperation Agreement with the Town of Tiburon for the Transfer of
Housing Funds
Prepared By: Ann R. Danforth, Town Attorney
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~'U~i rkr~{ea~
To:
From:
Subject:
Reviewed By
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Town Manager and Town Attorney
Town Council Meeting
February 16, 2011
Agenda Item: P4-
Tiburon Tourism Business Improvement District - Assessment
Increase
BACKGROUND AND ANALYSIS
This is the second in a series of meetings required to increase the Tiburon Tourism Business
Improvement District (TTBID) assessments on hotels in the Town. On January 19, 2011, the
Town Council adopted a resolution of intention to amend the district to increase the assessment..
Tonight is the second step in the process, a public information meeting to hear public testimony.
The matter will return to the Council on March 2" d, for a public hearing to consider any protests
regarding the proceedings. At the conclusion of the public hearing, assuming no majority protest,
the Council could hold first reading of the ordinance that would modify the TTBID to increase
the assessments.
At present, only the Lodge at Tiburon and the Water's Edge Hotel are eligible to file protests
because they are the only businesses currently subject to the TTBID assessments. Both hotels
have expressed their support for the proposed increase, to expand the funds available for the
County's tourism-promotion program, which is operated by the Marin County Visitors Bureau
("Visitors Bureau").
The Director of the Visitors Bureau, Mark Essman, will be present at tonight's meeting to answer
questions about the programs funded by the assessments.
RECOMMENDATION
Staff recommends that the Town Council:
Hear public testimony regarding the proposed increase and close the meeting without
taking action.
Prepared By: Ann R. Danforth, Town Attorney
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Community Development Department
Planning Commission Meeting
February 16, 2011
Agenda Item:
-z
Subject: 600 Ned's Way: Review and Consider for Land Use and Zoning Permit
Approval the Site Plan and Architectural Drawings for the Ned's Way
Recreation Facility Project and Adoption of a Mitigated Negative
Declaration; File #S2010-04; Town of Tiburon, Owner/Applicant;
Assessor's Parcel No. 058-151-27
Reviewed By: 4 J2
PROJECT DATA
Address:
Assessor Parcel Number:
Lot Size:
General Plan:
Zoning:
Current Use:
Flood Zone:
Owner:
Applicant:
SUMMARY
600 Ned's Way
058-151-27
2.0 acres
P (Public/Quasi-Public)
P (Public/Quasi-Public)
Vacant land
X (outside 500-year storm event)
Town of Tiburon
Same
The Town of Tiburon is considering the construction and installation of a single story, 4,800
square foot modular building on Town-owned property at 600 Ned's Way to house the relocated
Belvedere-Tiburon Joint Recreation (BTJR) after-school children's program and other BTJR and
Town of Tiburon-sponsored recreational activities, and to provide permanent office space for
BTJR staff.
On July 21, 2010, the Town Council adopted Ordinance No. 522 N. S. (Exhibit 3) establishing
review and decision-making procedures for this project. The ordinance exempts the project from
provisions of the Zoning Ordinance but requires the Town Council to review the site plan and
architectural drawings for the project at a public meeting prior to any approval. Approval of the
site plan and architectural drawings for the project in no way obligates the Town Council to
proceed with the project, but would satisfy the land use permit approval and environmental
review obligations associated with doing so.
TOWN OF TIBURON PAGE 1 OF 10
PROJECT DESCRIPTION
The Town-owned site at 600 Ned's Way consists of a compacted fill slope atop a moderately-
sloping, south facing hillside along the south side of Ned's Way. The site is bordered to the west
by the Hilarita Apartments, to the south by the Chandler's Gate senior housing complex, to the
east by the Town Public Works Corporation Yard and an AT&T equipment facility, and on the
north by public open space.
The project would involve the installation of a single story, 4,800 square foot modular building to
house the relocated Belvedere-Tiburon Joint Recreation (BTJR) after-school children's program
(currently operated at Reed Elementary School). The building would also be utilized for other
BUR and Town of Tiburon-sponsored recreational events, programs and activities. The building
would also provide permanent office space for six regular and four roving BUR staff members.
Recreation programs would be scheduled such that they would not begin or end within at least 15
minutes of Reed School opening times (between 8:00 a.m. and 8:30 a.m. on school days) and
dismissal times (between 12:45 p.m. and 2:45 p.m. on school days) in order to avoid creation of
any new traffic conflicts with the nearby school use. Recreation programs would be designed and
implemented to generate no more parking than could be accommodated in the project parking lot.
The building would consist of ten (10) 12 foot x 40 foot prefabricated modules. The building
exterior would be architecturally modified with stucco siding and wood trim. The interior
portions of the building are summarized below:
Building Program (square feet)
Office Space
1,100
Administrative Storage
100
Kitchenette
110
3 Bathrooms
300
Classroom: (4) 20' x 30'
29400
Prop-ram Storage:
800
TOTAL: 10 (12'x 40') modular units 400
The project would also include the following improvements:
Construction of a 22-car parking lot with entry and circular turnaround accessed
from Ned's Way. The turnaround would provide curbside drop-off space at the
front of the facility for program participants. The turnaround would also
discourage vehicles from continuing up Ned's Way onto the private section of the
road where a formal turnaround does not exist.
• Creation of a potentially impervious surface children's play area to allow for
outdoor children's activities.
• Establishment of a pedestrian access path from Kleinert Way to allow children to
walk from Reed School to the facility. The path would lead up from Kleinert Way
TOWN OF TIBURON PAGE 2 OF 10
by way of the driveway on Town property used to access the AT&T equipment
building.
• Landscaping on the site would include improved areas around the proposed
facility and parking area, and un-irrigated grassland on the sloping hillside
portions of the property.
Installation of new exterior lighting fixtures for safety purposes. Three pole-
mounted light fixtures would be installed in the parking lot and two bollard light
fixtures would be installed around the parking lot and building. All light fixtures
would be shielded downlights.
• The "milking shed" that'is currently located within the Town corporation yard
would be moved to a location behind the proposed building to be utilized as a
storage shed.
The site consists of a compacted fill slope atop a moderately-sloping, south-facing hillside along
the south side of Ned's Way. Some site grading would be required to accommodate the modular
facility and associated parking. Up to approximately 2,000 cubic yards of fill may need to be
imported to the site as part of the project, although this amount is expected to be reduced through
continued refinement of site planning and construction needs.
The project would involve the removal of five (5) Coast Live Oak trees and nineteen (19) Acacia
and Eucalyptus trees on the site. The Coast Live Oak trees to be removed would be replaced at a
3:1 ratio with 15 new Oak trees. The Acacia and Eucalyptus trees would not be replaced.
ANALYSIS
Zoning and General Plan Consistency
The most closely-related General Plan goals and policies are as follows:
• Goal PR-B of the Parks & Recreation Element of the Tiburon General Plan states
that "to anticipate population growth and to plan for and provide funds for the
acquisition of adequate lands or installation of adequate facilities to address future
parks and recreation needs of the community."
• Policy PR-12 states that "recreation programming should be responsive to and
serve the needs, interests, and desires of the entire community." The development
of the proposed recreation facility would help provide adequate facilities to
address the future parks and recreation needs of the community and provide space
to promote responsive recreation programming for the entire community.
A 2010 public opinion survey of Tiburon Peninsula residents, conducted as part of the Recreation
Needs Assessment study, indicated that the availability of after-school programs for children, and
the availability of local public recreation facilities for such programs were high priorities for a
broad segment of local residents, and that, at a minimum, current programs should be retained.
TOWN OF TIBURON PAGE 3 OF 10
The streamlining ordinance that establishes the Town Council's review procedures for this
project states that the Council "shall utilize those standards and criteria that the Planning
Commission and Design Review Board would have normally applied absent the adoption of this
streamlined processing procedure." The Planning Commission would have applied the standards
contained in Section 16-52.040 (D) of the zoning ordinance (special considerations for
Conditional Use Permits). The Design Review Board would have utilized the criteria contained in
Section 16-52.020 (H) (guiding principles in the review of Site Plan and Architectural Review
applications). A summary of the project's relationship to these standards and criteria is as
follows:
Section 16-52.040 (D)
Factors to be considered in determining whether or not any conditional use should be permitted
in a specific location are:
The relationship of the location proposed to:
The service or market area of the use or facility proposed,
The subject location is well situated to provide space for after-school recreation programs
because of its location near Reed School. A pedestrian path would be created that would
allow children to walk directly from Reed School to the facility. The site is also centrally
located in Tiburon, with convenient access from Tiburon Boulevard.
Transportation, utilities, and other facilities required to serve it, and
As noted above, the site is situated close to Tiburon Boulevard and Reed School. All
utilities needed to serve the project would be installed within the Ned's Way roadway, or
connected from adjacent existing utility lines.
Other uses of land in the vicinity;
Other public uses are located in the immediate vicinity, including Reed School, Tom Price
Park, the Tiburon Police Station, and the Town Corporation Yard. The proposed building
and parking lot would be uphill from the homes at Chandler's Gate and separated by
Ned's Way from the Hilarita Apartments. Dense woodlands create a buffer between the
site and homes on Round Hill Road, Lyford Drive and Spring Lane.
The compatibility of the design, location, size, and operating characteristics with the existing and
future land uses in the vicinity.
The proposed building location would be shielded from neighboring residential uses by
existing mature trees on the northern and northeastern portions of the site. The building
pad would be situated below the level of Ned's Way, with the embankment to the west
providing screening between the building and the Hilarita Apartments. The size of the
parking lot and the operational limits on recreation programs and use of the facility would
TOWN OF TiBURON PAGE 4 OF 10
ensure that the project does not result in substantial traffic or parking impacts on Ned's
Way. The noise assessment prepared for the project includes recommended mitigation
measures that would ensure that noise from the project would have a less-than-significant
impact on surrounding uses.
The probability of impairment to the architectural integrity and character of the zoning district in
which it is to be located.
The design of the proposed modular building would be consistent with that of other public
and quasi-public buildings (such as modular building for the Belvedere-Tiburon Child
Care Center on Kleinert Way) in the vicinity and would therefore not impair the
architectural integrity and character of the P zone. The visible portions of the building
would receive attractive architectural treatments.
The protection of the public interest, health, safety, convenience, or welfare of the Town, or any
probability of injury to property or improvements in the vicinity and zoning district in which the
real property is located.
The project would benefit the public interest and welfare of the Town by providing a
permanent facility for the BUR, its after-school programs and other recreation activities.
The Initial Study/Draft Mitigated Negative Declaration prepared for this project
concluded that the mitigation measures that would be imposed on the project would
reduce all potential impacts of the project to less-than-significant levels. As a result, the
project would not result in substantial noise, privacy, traffic or other impacts that would
injure any property or improvements in the vicinity.
The need of the community for additional numbers of such uses, paying particular heed to
whether the neighborhood or vicinity is already adequately served by similar uses.
There is a demonstrated need for space for the recreation programs offered by the BTJR.
Since the space at Reed School for the after-school program will no longer be available
due to enrollment increases at the school, the subject location is well situated to
accommodate this program and allow children to readily access the proposed facility from
Reed School.
Section 16-52.020 (H)
In reviewing applications for Site Plan and Architectural Review, the Review Authority shall
consider the following principles as they may apply:
Site plan adequacy. Proper relation of a project to its site, including that it promotes orderly
development of the community, provides safe and reasonable access, and will not be detrimental
to the public health, safety, and general welfare.
The development of this P (Public/Quasi-Public) zoned property for a recreation facility
would promote the orderly development of this portion of the Tiburon community by
establishing another public use close to the other existing public uses in the vicinity. The
TOWN OF TIBURON PAGE 5 OF 10
proposed parking lot would provide safe and reasonable access to the site via Ned's Way
and Tiburon Boulevard. As detailed in the Initial Study/Draft Mitigated Negative
Declaration, the mitigation measures that would be imposed on the project would reduce
all potential impacts of the project to less-than-significant levels. Therefore the project
would not be detrimental to the public health, safety, and general welfare.
Site layout in relation to adjoining sites. The location of proposed improvements on the site in
relation to the location of improvements on adjoining sites, with particular attention to view
considerations, privacy, location of noise-generating exterior mechanical equipment, adequacy
of light and air, and topographic or other constraints on development imposed by particular site
conditions.
The proposed building would be situated toward the northern end of the site, with the
building on a relatively level portion of the property. The project would utilize existing
the slope leading down from Ned's Way to shield the building and play areas from the
nearby Hilarita Apartments, while the existing oak woodlands and replacement trees to be
planted around the northern and northeastern sides of the site would help shield these uses
from the homes on Round Hill Road, Lyford Drive and Spring Lane as well.
The mechanical equipment proposed by the project (e.g. HVAC units) would either be
located within the building or would be screened by the earthen embankment to the west
of the building to block the line of sight from the equipment to the Hilarita Apartments.
Neighborhood character. The height, size, and/or bulk of the proposed project bears a
reasonable relationship to the character of existing buildings in the vicinity. A good relationship
of a building to its surroundings is important. For example, in neighborhoods consisting
primarily of one-story homes, second-story additions shall be discouraged, or permitted with
increased setbacks or other design features to minimize the intrusion on the neighborhood.
The proposed one-story building would be shorter in height than the multi-story buildings
that surround the site. The 4,800 square foot size of the facility would be smaller than
most other buildings in the vicinity.
Floor area ratio. The relationship between the size and scale of improvements and the size of the
property on which the improvements are proposed.
The maximum floor area ratio for property located in the P zone is 1.0, which would
conceivably allow up to 87,120 square feet of floor area on this 2.0 acre lot. The size of
the proposed 4,800 square foot building would be only 5.5% of the floor area ratio
maximum for this lot.
Grading and tree removal. The extent to which the site plan reasonably minimizes grading
and/or removal of trees, significant vegetation, or other natural features of the site such as rock
outcroppings or watercourses.
The proposed building would be situated on a relatively level portion at the northern end
of the site between stands of mature trees to minimize tree removal. The proposed parking
TOWN OF TIBURON PACE 6 OF 10
lot has been designed to minimize the amount of grading and tree removal on the site.
Although some grading is necessary for the building pad and parking lot, the project
intends to balance cut and fill on the site, minimize the use of retaining walls and would
retain the natural features of most of the property.
Compatibility of architectural style and exterior finish. The architectural style and exterior
finish are harmonious with existing development in the vicinity and will not be in stark contrast
with its surroundings.
The exterior design of the proposed modular building would be compatible with the
design of other public buildings in the vicinity.
Landscaping. Proposed landscaping, insofar as it is used appropriately to prevent erosion; to
protect the privacy of adjoining sites; and to mitigate the visual and noise impacts of the
proposed project. Applicants are encouraged to use native and drought-resistant landscaping.
Proposed landscaping shall be used which will, at maturity, minimize primary view obstruction
from other buildings. A cash deposit or other monetary security may be required to ensure the
installation and/or maintenance for a one-year period of any and all landscaping. Projects that
are subject to provisions of Title IV, Chapter 13E (Water Efficient Landscape) of the Tiburon
Municipal Code shall comply with the Marin Municipal Water District regulations regarding
water-efficient landscaping adopted by reference therein.
The proposed building and parking lot would be situated to minimize the removal of
existing trees on the site. An estimated 24 trees (including five Coast Live Oak trees)
would be removed to accommodate grading and development of the site; the Coast Live
Oak trees would be replaced by the planting of 15 new Coast Live Oak trees. Preserving
the remaining trees would minimize erosion and provide screening between the facility
and its play areas and the Hilarita Apartments and other homes in the vicinity. New
project landscaping around the building and parking lot would incorporate water-efficient
vegetation. A broom eradication program will be developed for the site and implemented
as part of the landscape plans for the project. Graded slopes and areas disturbed as part of
the project will be monitored to prevent establishment and spread of French and Scotch
broom.
Lighting. Proposed lighting, insofar as it should not invade the privacy of other properties, or
produce glare or light pollution; yet provide adequate illumination for safety and security
purposes. All proposed exterior lighting shall be shielded downlighting.
Exterior lighting on the building will be shielded downlighting. Parking lot lighting will
be designed to provide adequate safety while minimizing any light and glare for nearby
residents.
Overall property improvement. In order to allow the gradual upgrading of existing
improvements, upgrades may be required to be made to existing buildings and the site as a
whole. The review of applications for additions or modifications to existing development may
include conditions requiring changes and/or modifications to existing buildings and site
TOWN OF TIBURON PAGE 7 OF 10
improvements for the entire property to the extent that there is a reasonable relationship between
the requested project and the changes and/or modifications required.
There are currently no improvements on the subject property. Existing fill on the site will
need to be recompacted as part of the grading and property improvements for the project.
Appropriate use of building envelope. In planned residential (RPD and RMP) zones, building
envelopes are generally intended to provide a larger-than-needed area. for flexibility in the
appropriate siting of a main structure and its accessoi✓v structures. The building envelope should
not generally be interpreted as an area intended to be filled by a main structure and its accessory
structures.
The subject property is not in a planned residential zone and therefore does not have a
building envelope.
Green building. For residential covered projects, as set forth in Section 16-90.020 (Covered
Projects), the project design includes features that foster renewable energy and/or resource
conservation, and the overall project appears to meet or exceed the applicable green building
standard for compliance as set forth by resolution of the Town Council.
This section of the Municipal Code is currently being repealed. The project will comply
with the Town's modified CALGreen Building Code.
Conformance with zoning requirements. All modifications and site improvements shall conform
with the setback, parking, and height requirements established for each zone by Article II (Zones
and Allowable Land Uses), and with any special requirements including recycling (see Municipal
Code Chapter 16C [Recyclables Collection Area]) and screening guidelines established for
specific uses by this Zoning Ordinance.
The proposed project would comply with the 50.0% maximum lot coverage, 30 foot
maximum height and 1.0 FAR required for this lot by the P zone. The 22-space parking
lot would provide more than the minimum 17 spaces required by the zoning ordinance for
a project of this size. A trash enclosure will be constructed to the east of the proposed
building to provide an area for collection of trash and recyclables in compliance with the
requirements of Municipal Code Chapter 16C.
ENVIRONMENTAL STATUS
An Initial Study/Draft Mitigated Negative Declaration was prepared for this project, released for
public comment on December 1, 2010 and is attached to this report as Exhibit 1. The public
review period ended on December 22, 2010. As of the date of this report no letters have been
received regarding the draft mitigated negative declaration.
The initial study focused on the following issues:
• Aesthetics. The single story design of the proposed building and the presence of
mature trees on the site, most of which would remain, limit the visual prominence
TOWN OF TIBURON PAGE 8 OF 10
i 3
of the facility. The initial study includes a mitigation measure to ensure that
exterior lighting associated with the project would not result in significant light
and glare for nearby residents.
• Biological resources. A biological resource assessment was prepared for the
project which examined vegetation and wildlife habitat on the site. The assessment
did not find any active raptor nests or other bird nests protected under the
Migratory Bird Treaty Act but recommended adoption of mitigation measures in
case such nests are found prior to project construction. The assessment also
included recommendations for replacement of any trees removed as part of the
project and for broom eradication on the site.
• Geology and soils. A geologic and geotechnical feasibility study was prepared for
the project which examined soils conditions on the site. The study recommended
adoption of several mitigation measures to avoid drainage runoff impacts and
ensure compliance with appropriate seismic safety building requirements.
Hydrology and water quality. A hydrology and water quality study was prepared
for the project which analyzed potential stormwater and water quality effects of
the project. The study recommended adoption of several mitigation measures,
including compliance with local stormwater regulations, which would reduce any
potential impacts to less-than-significant levels.
• Noise. A noise assessment was prepared for the project which analyzed potential
construction and operational noise generated by the project. The assessment
recommended adoption of mitigation measures related to construction activities
and location of noise-generating equipment (such as HVAC units) that would
reduce any potential noise impacts to less-than-significant levels.
The initial study recommended mitigation measures for potential impacts on aesthetics; biological
resources; cultural resources; geology and soils; hydrology and water quality; and noise that
would reduce these impacts to less than significant levels. As of the writing of this report, no
substantial evidence has been received to support a fair argument that the project could result in a
significant impact on the environment.
PUBLIC COMMENT
As of the date of this report, no comment letters have been received regarding the project.
ADDITIONAL ACTIONS REQUIRED
Following approval of the site plan and architectural drawings (i.e. the land use and zoning
approvals) for the project, and adoption of the mitigated negative declaration, the Town Council
would be poised (at a future meeting) to authorize bidding of the project and eventually award a
contract for the work. Issuance of the building permit would be a ministerial action performed by
Town Staff.
TOWN OF TieuRON PAGE 9 OF 10
RECOMMENDATION
Staff recommends that the Town Council:
1. Hear and consider any public comment on this item;
2. Deliberate upon the draft negative declaration and the project merits; and
3. If prepared to do so, adopt the draft resolution (Exhibit 2) adopting the mitigated
negative declaration, approving the site plan and architectural drawings for the
project, and adopting a Mitigation Monitoring Program.
EXHIBITS
1. Initial Study & Draft Mitigated Negative Declaration
2. Draft resolution with Mitigation Monitoring Program attached
3. Town Ordinance No. 522 N. S. (streamlining ordinance for the project)
4. Project Drawings: Site Plan (one sheet dated 12/23/2010), Architectural Elevation
Drawings (two sheets dated 1/26/2011) and Floor Plan (one sheet dated 1/ 10/2011)
Prepared By: Daniel M. Watrous, Planning Manager
Scott Anderson, Director of Community Development
\shared\AdministrationJown CounciEstaff reports\201 1 Teb 16 Drafts\Ned's Way zoning.report.doc
vs
TOWN OF TIBURON PAGE 10 OF 10
Initial Study
For the
Ned's Way Joint Recreation Project
December 2010
PREPARED By
Town of Tiburon
Community Development Department
NTO--L
TABLE OF CONTENTS
MITIGATED NEGATIVE DECLARATION ...............................................................................................2
A. PROJECT DESCRIPTION 3
Envirorunental Factors Potentially Affected .........................................................................................6
B. EVALUATION OF ENVIRONMENTAL IMPACTS ........................................................................7
1.
Aesthetics
7
Il.
Agriculture
9
III.
Air Quality
10
IV.
Biological Resources
13
V.
Cultural Resources
19
VI.
'Geology and Soils
VII.
Greenhouse Gas Emissions
24
VIII.
Hazards
25
IX.
Hydrology and Water Quality
28
X.
Land Use and Planning
35
XI.
Mineral Resources
36
XII.
Noise
36
XIII.
Population and Housing
40
XIV.
Public Services
41
XV.
Recreation
42
XVI.
Transportation/Traffic
43
XVII.
Utilities and Service Systems
45
XVIII.
Mandatory Findings of Significance
48
C. REFERENCES 49
LIST OF FIGURES
Figure 1: Project Location and Vicinity Map ..............................................................................................5
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010
MITIGATED NEGATIVE DECLARATION
TO: Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
_X_ County Clerk Administration, Marin County
3501 Civic Center Drive, Room 234
San Rafael, CA 94903
FROM: Town of Tiburon Community Development Department
1505 Tiburon Blvd.
Tiburon, CA 94920
Project Title: Ned's Way Joint Recreation Project
Proponent: Town of Tiburon
Project Location: 600 Ned's Way, Tiburon, Marin County, CA; APN 058-151-27
Summary of Project Description:
Finding: Based on the attached Initial Study, it has been determined that the proposed project would
not result in a significant, adverse environmental effect.
L'~4" 14(116
Signature:
Daniel M. Watrous Date
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010
A. PROJECT DESCRIPTION
1. Project Title: Ned's Way Joint Recreation Project
2. Lead Agency Name and Address:
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
3. Lead Agency Contact Person and Phone Number:
Daniel M. Watrous, Planning Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
4. Project Location: 600 Ned's Way, Tiburon, Marin County, CA; APN 058-151-27
5. Project Sponsor's Name and Address: Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
6. Person Preparing the Submission/Initial Study Checklist:
Daniel M. Watrous, Planning Manager
1505 Tiburon Boulevard
Tiburon, CA 94920
Phone: (415) 435-7393
Fax: (415) 435-2438
Email: dwatrous@ci.tiburon.ca.us
7. Project Number: 600 Ned's Way (street address files)
8. Assessor Parcel No. 058-151-27
9. Type of Approval Sought: All planning and zoning approvals
10. Size of Subject Property: 2.0 acres
11. Present and Previous Use of Site or Structures: Vacant land since 1973; site of five (5) multi-
family residential buildings from 1943-1973.
12. General Plan Designation: P (Public/Quasi-Public); Up to 1.0 floor are ratio
13. Zoning: P (Public/Quasi-Public); Up to 1.0 floor area ratio
14. Description of Project: The site consists of a compacted fill slope atop a moderately-sloping,
south facing hillside along the south side of Ned's Way. Some site grading is required to accommodate the
modular facility and parking. The Town is proposing to install a single story, 4,800 square foot modular
building at this site to house:
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 3
1. The relocated Belvedere-Tiburon Joint Recreation (BTJR) after-school children's program
(currently operated at Reed Elementary School), as well as other BTJR and Town of Tiburon-
sponsored recreational events, programs and activities; and
2. Office space for six regular and four roving BTJR staff members. BTJR business hours are
Monday-Friday: 9:00 a.m.- 12:00 noon, and Monday-Thursday: 1:00 p.m.- 4:00 p.m.
Associated improvements include an approximately 23-car parking lot with entry and circular turn-around
accessed from Ned's Way, outdoor play area, a pedestrian access path from Kleinert Way, and ancillary
improvements. Parking: will be provided on site; a new circular turnaround provides curbside drop off
space at the front of the facility for program participants, as well as access to the parking area, allowing
Ned's Way to remain clear for resident traffic. The intent of the turnaround is also to limit automobiles
continuing up Ned's Way onto the private section of the road where a formal turnaround does not exist. An
ancillary foot path is included which would provide access from Kleinert Way by way of the driveway on
Town property used to access the AT&T equipment building. Play Area: a small play area will be
provided to allow for outdoor children's activities. The size of this area was determined to allow for a U6
size soccer field (15'x 30'). Landscaping on the site includes improved areas around the proposed facility
and parking area, and un-irrigated grassland on the sloping hillside portions of the property. The Town
proposes removing several Acacia trees, and planting new replacement trees, at the circular turnaround.
Lighting would be installed on the new modular building and within the parking lot for safety purposes.
Building Program (square feet)
Office Space 1,100
Administrative Storage 100
Kitchenette 110
3 Bathrooms 300
Classroom: (4) 20' x 30' 2,400
Program Storage: 800
TOTAL: 10 (12'x 40') modular units 49800
Recreation programs will be scheduled such that they will not begin or end within at least 15 minutes of
Reed School opening times (between 8:00 a.m. and 8:30 a.m. on school days) and dismissal times
(between 12:45 p.m. and 2:45 p.m. on school days) to avoid any traffic conflicts with the nearby school
use. Recreation programs will be designed and implemented to generate no more parking than could be
accommodated in the project parking lot.
15. Surrounding Land Uses and Setting: North: Public Open Space and Single-family Residential
South: Multi-family Senior Housing
East: Public Works Corporation Yard and AT&T bldg.
West: Multi-family Housing (Hilarita Apartments)
16. Other agencies or utility providers whose approval is required (e.g., permits, financing
approval, or participation agreement):
Agencies: Tiburon Fire Protection District, Sanitary District No. 5
Utilities: Marin Municipal Water District, AT&T, PG&E
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010
Selected Features
w
City
Ci
Road Names
Parcels
County Boundary
cs
OceanBay
IM
BayAreaCounty
11
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010
Project Location and Vicinity Map- Figure 1
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
® Aesthetics ❑ Agriculture & Forestry ❑ Air Quality
Resources
® Biological Resources ® Cultural Resources ® Geology /Soils
❑ Greenhouse Gas Emissions ❑ Hazards & Hazardous ® Hydrology / Water
Materials Quality
❑ Land Use / Planning ❑ Mineral Resources ® Noise
❑ Population / Housing ❑ Public Services ❑ Recreation
❑ Transportation / Traffic ❑ Utilities / Service Systems ® Mandatory Finding of
Significance
DETERMINATION:
On the basis of this initial evaluation:
❑ I find that the proposed project COULD NOT have a significant effect on the environment and a
NEGATIVE DECLARATION will be prepared.
® I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have been made
by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will
be prepared.
❑ I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at lest one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has
been addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
❑ I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an EARLIER
EIR or NEGATIVE DECLARATION pursuant to applicable legal standards, and (b) have been
avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including
revisions or mitigation measures that are imposed upon the proposed project, nothing further is
required.
l e i I c
Signat Date
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 6
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
B. EVALUATION OF ENVIRONMENTAL IMPACTS
Note: For each topic listed below, a reference source was used to complete the Environmental
Checklist. The reference sources are listed by number in Section C of this document.
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact Impact
Impact Mitigation
Incorporation
1. AESTHETICS
Would the project:
a. Have a substantial adverse effect on a scenic
vista ? ❑ ❑ ® ❑
Discussion:
The project would be located near the upper reaches of Ned's Way, downslope from the street. The
project site is at an elevation of roughly 90 feet above sea level, is not located on a designated ridgeline,
and does not fonn a ridgeline backdrop from any location. While the site is visible from various vantage
points in the surrounding area, it does not constitute a scenic vista. Additionally, the single story nature of
the project and the presence of mature surrounding trees on the site, most of which would remain, indicate
that the project will not be a prominently visible facility. No substantial adverse effect on a scenic vista
would result from project implementation and no mitigation is required.
(Sources: 1, 2)
b. Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a ❑ ❑ ® ❑
state scenic highway?
Discussion:
There are no significant scenic resources located on the site, and no rock outcroppings. There are several
oak trees located in the northeastern corner of the 2-acre parcel; these would not be affected by
construction activities. A walking trail is proposed to pass near or under the outside edge of overhanging
branches of a few of these oak trees, but no tree removal or substantial trimming or limb removal is
required or anticipated. The project would likely displace several acacia and/or eucalyptus trees located in
the northern portion of the 2-acre parcel. These trees are not significant visual resources. The larger
significant trees in this area are to remain, and no mitigation is required.
(Sources: 1, 2, 9)
c. Substantially degrade the existing visual ❑ ❑ ® ❑
character or quality of the site and its
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 7
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
surroundings?
Discussion:
The site is a currently vacant 2-acre parcel that once housed five residential buildings containing 22 housing units.
In 1998, a large amount of excavated fill was placed in the center of the site. Numerous large eucalyptus trees
were also removed from the site in the 1990's and the years immediately following. The southern two-thirds of the
site have the visual appearance of a weedy/grassy sloping hillside, while the northern one-third is largely tree-
covered with a mix of eucalyptus, acacia and oak trees. The site is not considered to be of significant scenic value.
Installation of the project improvements would result in a physical change to the site and would alter the visual
appearance of the site, but would not substantially degrade the visual character of the site and would not have a
substantive impact on the quality of the site or its surroundings. No mitigation is required.
(Source: 1)
d. Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area?
Discussion:
The project would result in the installation of approximately 4,800 square feet of building and an
approximately 23-car parking lot. These improvements will likely include the installation of exterior
lighting for security and/or evening use. Vehicles using the parking lot in the evening when headlights are
required also have the potential to increase light and glare, which could be particularly visible or impacting
to neighboring residents in the Chandlers Gate complex and at the Hilarita Apartments. The proposed tree
planting, proposed hedge, and other landscaping surrounding the parking area, as shown on the site plan,
would significantly reduce light and glare cast from vehicle headlights reaching off-site, and no further
mitigation is required.
The application materials that have been filed do not include an exterior lighting plan. An exterior lighting
plan would be prepared as part of any subsequent design approval process. Therefore, at this time, it must
be concluded that the site improvements will include exterior lighting, which could result in light and glare
that has a potentially significant impact to adjacent residents.
This impact can be mitigated to a less-than-significant level if exterior lighting is sensitively designed and
the light standards are properly selected. The following mitigation measure is recommended to be
implemented as part of any subsequent design plan approval and construction process to ensure that
potential light and glare are reduced to a less-than-significant level.
Mitigation Measure AES-1: A detailed lighting plan shall be prepared and submitted with any
subsequent application for design approval. New exterior lighting of the building or parking areas
or any other element of the project shall be shielded to prevent glare, to direct lighting downwards,
and to reduce visibility from nearby residences. Lighting shall be minimized to provide safe
conditions without creating unnecessary glare. Final construction and site improvement plans shall
identify specific lighting standards and fixtures.
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010
Potentially
Significant
Impact
(Source: 2)
II. AGRICULTURE AND FOREST RESOURCES
tIn determining whether impacts to agricultural
resources are significant environmental effects,
lead agencies may refer to the California
Agricultural Land Evaluation and Site Assessment
Model (1997) prepared by the California Dept. of
Conservation as an optional model to use in
assessing impacts on agriculture and farmland. In
determining whether impacts to forest resources,
including timberland, are significant environmental
effects, lead agencies may refer to information
compiled by the California Department offorestry
and Fire Protection regarding the state's inventory
of forest land, including the Forest and Range
Assessment Project and the Forest and Legacy
Assessment project,; and forest carbon
measurement methodology provided in Forest
Protocols adopted by the California Air Resources
Board} Would the project:
a. Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and ❑
Monitoring Program of the California
Resources Agency, to non-agricultural use?
Discussion:
Less-Than-
Significant With
Mitigation
Incorporation
Less-Than-
Significant
Impact
There is no land within the Town of Tiburon which is shown as Prime Farmland, Unique Farmland or
Farmland of Statewide Importance on the Marin County Important Farmland 2000 map produced by the
State Department of Conversation, Division of Land Resource Protection, Farmland Mapping and
Monitoring Program. There would be no impact.
(Source: 9)
b. Conflict with existing zoning for agricultural
use, or a Williamson Act contract? ❑ ❑ ❑
Tli crn ccinn
No
Impact
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 9
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
The Town of Tiburon has no land zoned for agricultural use or under a Williamson Act contract.
(Source: 9)
c. Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g), timberland
(as defined in Public Resources Code section ❑ ❑ ❑
4526), or timberland zoned Timberland
Production (as defined by Government Code
section 51104(8))?
Discussion:
There is no agricultural land within the Town of Tiburon that could be converted or rezoned to non-
agricultural use; and no forest land, timberland, or Timberland Production land that could be converted or
rezoned.
(Source: 9)
d. Result in the loss of forest land or conversion
of forest land to non-forest use? ❑ ❑ ❑
Discussion:
The project site does not qualify as forest land, timberland, or Timberland Production land; nor is any such
land adjacent to the project or in the vicinity.
(Source: 2)
e. Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of ❑ ❑ ❑
Farmland, to non-agricultural use or
conversion of forest land to non forest use?
Discussion:
See response to H.d.
(Source: 2)
III. AIR QUALITY
Would the project:
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 10
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
a. Conflict with or obstruct implementation of
the applicable air quality plan? ❑ ❑ ❑
Discussion:
The project would not have no impact, because it is an infill project that places recreation facilities in an
urban area with very good opportunities to use transit, walk or bicycle. As a result, the growth in rate
vehicle trips or vehicle miles traveled with respect to population would be negligible.
(Source: 8)
b. Violate any air quality standard or contribute
substantially to an existing or projected air ❑ ❑ ® ❑
quality violation?
T)i corn cci nn -
The new Bay Area Air Quality Management District (BAAQMD) CEQA Thresholds of Significance
establish daily and annual emission thresholds for construction and operation period project emissions.
For construction, BAAQMD thresholds are for exhaust emissions only. Emissions of nitrogen oxides
(NOx), reactive organic gases (ROG) or fine particulate matter (PM2.5) over 54 pounds per day are
considered significant. Exhaust emissions of respirable particulate matter (PM10) greater than 82 pounds
per day are also considered significant. As a worst-case assessment, the project was assumed to be
constructed within one year.
The project site is vacant, so substantial demolition activities are not expected. Although the proposed
building site is relatively flat, significant grading would be necessary to construct the parking. The GHG
and Air Quality Assessment prepared for the project indicates that total construction emissions would be
less than 2 pounds per day (ppd) of ROG, 12 ppd of NOx, and 1 ppd of PM10 or PM2.5 exhaust. These are
below the BAAAQMD significance thresholds of significance. The BAAAQMD has standard conditions
that apply to construction projects that reduce fugitive dust impacts so that PMIO emitted from construction
would be a less than significant impact.
For operation, BAAQMD has provided screening tables based on project size to indicate whether detailed
analysis of operational emissions is necessary. If the project size is below the screening level size, then
BAAQMD considers the project emissions to be less than the emission based thresholds. The project size
is well below the BAAQMD screening size, and therefore, would have a less than significant impact with
respect to operational emissions.
(Source: 8)
c. Result in a cumulatively considerable net
increase in any criteria pollutant for which the
project region is non - attainment under an ❑ ❑ ® ❑
applicable federal or state ambient air quality
standard (including releasing emissions which
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 11
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
exceed quantitative thresholds for ozone
precursors)?
Discussion:
The Bay Area is a nonattainment area for ozone and particulate matter (PMIO and PM2.5). The project
construction and operational period emissions would be below the BAAQMD emission-based thresholds.
Therefore, the project would not have cumulatively considerable emissions of ozone precursor pollutants
(i.e., NOx or ROG) or particulate matter in the form of PMIO or PM2.5. Impacts would therefore be less-
than-significant.
(Source: 8)
d. Expose sensitive receptors to substantial
pollutant concentrations? ❑ ❑ ® ❑
Discussion:
The new BAAQMD CEQA Thresholds of Significance establish thresholds of significance for community
risk. These apply to projects that locate new sensitive receptors near sources or air pollution such as
freeways. BAAQMD recently adopted criteria that consider exposure of new residences to localized air
pollution sources that results in (1) an increased cancer risk of 10 in one million, (2) annual PM2.5
concentrations of 0.3 µg/m3, or a hazard of greater than 1 for a maximum exposed individual or MEI. The
new thresholds are basically the same as the previous thresholds with the exception of the new PM2.5
threshold. BAAQMD applies these thresholds to sources within 1,000 feet of a sensitive receptor.
The project is not located within 1,000 feet of a freeway or major arterial roadway, or other substantial
source of air pollution that could affect the project site. As a result, the project would not expose sensitive
receptors to substantial pollution.
Project construction would involve operation of construction equipment and trucks that emit diesel
particulate matter (DPM). Residences located near the project site are considered sensitive receptors and
would be exposed to DPM at times during construction. This would be a temporary exposure.
Considering that construction period emissions would occur over a relatively short time, the exposure to
existing sensitive receptors would be less than significant. Much of the emissions would occur during the
first 2 to 3 months when earth work and foundation construction occur.
(Source: 8)
e. Create objectionable odors affecting a
substantial number of people? ❑ ❑ ❑
Discussion:
As set forth in the project description, the project would not create objectionable odors. There would be
no impact.
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 12
Potentially Less-Than-
Significant Significant With
Impact Mitigation
Incorporation
(Source: 8)
IV. BIOLOGICAL RESOURCES
Would the project:
a. Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or ❑
regional plans, policies, or regulations, or by
the California Department of Fish and Game
or U.S. Fish and Wildlife Service?
Tai can ccinn
Less-Than- No
Significant Impact
Impact
❑ ❑
Special-status species are plants and animals that are legally protected under the State and/or federal
Endangered Species Acts or other regulations, as well as other species that are considered rare enough by
the scientific community and trustee agencies to warrant special consideration, particularly with regard to
protection of isolated populations, nesting or denning locations, communal roosts and other essential
habitat. Species with legal protection under the Endangered Species Acts often represent major constraints
to development, particularly when they are wide-ranging or highly sensitive to habitat disturbance and
where proposed development would result in a "take" of these species.
A search of records contained in the California Natural Diversity Data Base (CNDDB) of the California
Department of Fish and Game (CDFG), together with other relevant information, indicates that
occurrences of numerous plant and animal species with special-status have been recorded from or are
suspected to occur in eastern Marin and the Tiburon vicinity. A habitat suitability analysis was conducted
as part of the field reconnaissance for this Initial Study to determine whether there remains a potential for
one or more special-status species to be present on the site. The habitat on the site was compared to habitat
from the surrounding areas of Tiburon known or suspected to be used by special-status species. According
to the CNDDB records, most of the special-status species from the Tiburon vicinity occur along the
shoreline of the bay and from the slopes of Ring Mountain. These species are generally associated with
either coastal salt marsh habitat or with native serpentine grasslands not found on the site. No general or
specific known occurrences of special-status species have been reported by the CNDDB over the site or
immediately adjacent area. The following provides a summary of the special-status species known or
reported from the Tiburon vicinity and conclusion regarding absence of suitable habitat on the site.
Several special-status plant species have been reported from the upland and coastal salt marsh habitats of
the Tiburon vicinity. These include: the federally endangered showy Indian clover (Trifolium amoenum),
the state and federally-endangered white-rayed pentachaeta (Pentachaeta bellidiflora), the state and
federally-threatened Marin western flax (Hesperolinon congestum), the state and federally-threatened
Tiburon mariposa lily (Calochortus tiburonensis), the state-threatened and federally-endangered Tiburon
Indian paintbrush (Castelleja affinis ssp neglecta) and Point Reyes birds's-beak (Cordylanthus maritimus
ssp palustris), among other species. All of these species are maintained on List 1 B of the California Native
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 13
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
Plant Society (CNPS) Inventory, and are therefore considered rare under Section 13580 of the CEQA
Guidelines. However, the extent of disturbance from past development on the site as well as an absence of
specific habitat characteristics such as serpentine soils precludes the occurrence of these or any other
special-status plant species on the site.
Special-status animal species have also been reported from the shoreline, bay, and streams and freshwater
habitat of the Tiburon Peninsula and east Marin. These include: the state and federally-endangered salt
marsh harvest mouse (Reithrodontomys raviventris), the state and federally-endangered California clapper
rail (Rallus longirostris obsoletus), the state-threatened California black rail (Laterallus jamaicensis
coturniculus), saltmarsh common yellowthroat (Geothlypis trichas sinuosa) which is considered a
California Special Concern Species (SCS) by the CDFG, the federally-endangered tidewater goby
(Eucyclogobis trichas sinuosa), and the state-endangered and federally-threatened steelhead
(Oncorhynchus mykiss). Suitable bay, stream and coastal salt marsh habitat for all of these reported
species is absent in the vicinity of the site. Similarly, suitable habitat for other special-status animal
species known or suspected from central and eastern Marin County, such as freshwater marsh and
streamside habitat necessary to support the federally threatened California red-legged frog (Rana aurora
draytoni) and dense woodland and forest habitat necessary to support the federally threatened northern
spotted owl (Strix occidentalis caurina) is also absent from the site.
There is a remote possibility that raptors or other migratory birds protected under the federal Migratory
Bird Treaty Act (MBTA) could establish new nests on the site in the future before proposed tree removal
and construction begins. These birds include: Cooper's hawk, white-tailed kite, red-tailed hawk, great
horned owl, and other raptors. None of these have formal listing status under the State or federal .
Endangered Species Acts, but some are recognized as SCS by the CDFG. Nests in active use are protected
under the federal Migratory Bird Treaty Act, and raptor nests in active use are further protected under
Section 3503.5 of the California Fish and Game Code. Although no evidence of any bird nesting,
including stick nests of raptors, was observed during the field reconnaissance surveys, new nests could be
established before construction is initiated. Destruction of a nest in active use would be a potentially
significant impact, but could be mitigated through implementation of preconstruction avoidance measures.
Mitigation Measure BI0-1: Any active raptor nests or other bird nests protected under the
Migratory Bird Treaty Act in the vicinity of proposed grading and vegetation removal shall be
avoided until young birds are able to leave the nest (i.e., fledged) and forage on their own.
Avoidance may be accomplished either by scheduling initial grading and vegetation removal during
the non-nesting period (i.e., September through February), or if this is not feasible, by conducting a
pre-construction survey for bird nests. Provisions of the pre-construction survey and nest
avoidance, if necessary, shall include the following:
a. If grading and / or vegetation removal is scheduled during the active nesting period
(March through August), a qualified wildlife biologist shall conduct a pre-
construction survey no more than 14 days prior to initiation of these activities to
provide confirmation on presence or absence of active nests in the vicinity. This
shall include both a daytime visual survey for raptors and other diurnal bird species,
and a nighttime survey for nesting owls.
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 14
Potentially Less-Than- Less-Than-
Significant Significant With Significant
Impact Mitigation Impact
Incorporation
b. If active bird nests are encountered, species-specific measures shall be prepared by a
qualified biologist in consultation with the CDFG and implemented to prevent
abandonment of the active nest. At a minimum, grading or vegetation removal near
the nest shall be deferred until the young birds have fledged. A nest-setback zone
based on site conditions and proximity of the nest to existing and proposed
development, shall be established within which all construction-related disturbance
shall be prohibited. The perimeter of the nest-setback zone shall be fenced or
adequately demarcated, and construction personnel restricted from the area.
C. If permanent avoidance of the nest is not feasible, impacts shall be minimized by
prohibiting disturbance within the nest-setback zone until a qualified biologist
verifies that the birds have either (a) not begun egg-laying and incubation, or (b)
that the juveniles from the nest are foraging independently and capable of
independent survival at an earlier date. A survey report by the qualified biologist
verifying that the young have fledged shall be submitted to the Town of Tiburon
prior to initiation of grading in the nest-setback zone.
(Source: 4)
No
Impact
b. Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations or by the California ❑ ❑ ❑
Department of Fish and Game or US Fish and
Wildlife Service?
T)i ccrn ccinn
The site has been highly disturbed in the past and supports a cover of primarily non-native grassland, planted
ornamental blue gum and acacia trees. Native oak woodland occurs at the northeastern edge of the site and
continues into the nearby open space lands, but this natural community type is not considered a sensitive
natural community and would be largely avoided (see discussion in Item e below). Native grasslands occur in
the open space lands to the north, and are considered a sensitive natural community type, but they would be
avoided by proposed grading and development. No riparian habitat or other sensitive natural community types
occur on the site, and there would therefore be no impact.
(Source: 4)
c. Have a substantial adverse effect on federally
protected wetlands as defined by Section 404
of the Clean Water Act (including, but not
limited to, marsh, vernal pool, coastal, etc.) ❑ ❑ ❑
through direct removal, filling, hydrological
interruption, or other means?
Discussion:
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 15
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
Although definitions vary, wetlands are generally considered to be areas that are periodically or permanently
inundated by surface or groundwater, and support vegetation adapted to life in saturated soil. Wetlands are
recognized as important features on a regional and national level due to their inherent value to fish and
wildlife, use as storage areas for storm and floodwaters, and water recharge, filtration and purification
functions. The U.S. Army Corps of Engineers, Regional Water Quality Control Board, and CDFG have
jurisdiction over wetland areas.
No indicators of jurisdictional wetlands were observed on the site during the field reconnaissance survey and
none occur on this upland site. An ephemeral drainage occurs in the open space lands to the east of the site,
but would not be directly impacted by proposed development. Best Management Practices (BMPs) would be
utilized during grading and construction that would serve to prevent any indirect impacts to the ephemeral
drainage and nearby receiving waters. There would therefore be no impact.
(Source: 4)
d. Interfere substantially with the movement of
any native resident or migratory fish or wildlife
species or with established native resident or ❑ ® El
migratory wildlife corridors, or impede the use
of native wildlife nursery sites?
Discussion:
The proposed project would not have any significant adverse impacts on wildlife movement opportunities
or adversely impact native wildlife nursery sites. Wildlife which frequent the site vicinity are common in
suburban habitats and the remaining open space lands in the vicinity, and are already acclimated to human
activity. The construction activities would temporarily disrupt current foraging and dispersing behavior of
individuals within the footprint of grading and development, but would not result in the extirpation (local
extinction) of any of these species. Species common to the area would continue to utilize the surrounding
area, even during construction, and would eventually utilize the vicinity of the new structure and
landscaped surroundings on the site. Impacts would therefore be less-than-significant.
(Source: 4)
e. Conflict with any local policies or ordinances
protecting biological resources, such as a tree F-1 F-1
preservation policy or ordinance?
Discussion:
In general, the proposed project would not conflict significantly with any relevant goals and policies in the
Town of Tiburon General Plan related to the protection of biological and wetland resources. These include
policies calling for: open space buffers of at least 50 feet along streams (OSC-22), protection of sensitive
wildlife habitat (OSC-25), avoidance of special-status species and sensitive natural communities (OSC-
26), preservation of "protected trees" (OSC-33), preservation of natural habitat and wooded areas (OSC-
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 16
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
34), use of native plants for landscaping (OSC-64), removal of invasive exotics as part of new
development (OSC-65), and provisions for on-going removal and control of invasive exotic species (OSC-
66). The proposed recreation facility would be located at least 50 feet from the ephemeral creek located in
the oak woodlands to the northeast, consistent with OSC-22. Most of the higher quality oak woodland on
the site would be protected, consistent with OSC-25. No special-status species are suspected to occur on
the site with the possible exception of nesting birds which would be protected with implementation of
Mitigation Measure BI0-1 above, providing consistency with OSC-26. As discussed below, a number of
native oaks could be removed, but implementation of recommended mitigation would provide consistency
with OSC-33 and OSC-34. There remains a potential for continued spread of French broom on the site,
but implementation of the control program recommended below would provide consistency with OSC-65
and OSC-66. Grading and ground disturbance would contribute to the spread of this highly invasive
species on the site, unless it is carefully controlled. This species could spread through the remainder of the
undeveloped areas on the site and surrounding lands, eventually eliminating the natural grasslands and
foraging opportunities it provides wildlife.
The Tiburon Tree Ordinance (Title rV, Chapter 15A of the Tiburon Municipal Code) regulates the
removal, alteration, and planting of certain trees. Under the ordinance, a tree is defined as a woody
perennial plant with a trunk circumference of 20 inches measured at 24 inches above grade or a woody
perennial plant at least 15 feet in height that usually has a single trunk. A "protected tree" consists of one
or more of the following: 1) a "heritage tree" which has a trunk with a circumference exceeding 60 inches
measured at 24 inches above grade; 2) a native oak; or 3) a "dedicated tree" of special significance so
designated by resolution of the Town Council. An "undesirable tree" includes blue gum eucalyptus,
Monterey pine (Pinus radiata), coast redwood (Sequoia sempervirons), or any other species of tree that
generally grows more than three feet per year in height and is capable of reaching a height of over 35 feet.
An "undesirable tree" nevertheless constitutes a "protected tree" if it meets the criteria set forth in that
definition. The ordinance generally prohibits the removal or alteration of a "protected tree" without a
permit, or when authorized as part of approval of a discretionary development permit.
An estimated 21 trees would be removed to accommodate grading and development of the site. Of these,
14 are green wattle, two are blue gum, one is a blackwood acacia, and four are coast live oaks. Only the
four coast live oaks meet the definition as a "protected tree", with trunk circumferences of over 20 inches.
The oaks occur at the edge of the oak woodland at the northeastern edge of grading, and could potentially
be affected by placement of fills and installation of the new pedestrian path linking the new building with
Reed Elementary School. The large blue gums that would meet the definition of a "heritage tree" because
of their large size, would be retained along the Ned's Way frontage of the site. Given the possible removal
of oaks meeting the definition of a protected tree, impacts on tree resources would be considered
potentially significant.
Mitigation Measure BI0-2. The mature native coast live oaks on the site shall be retained to the
maximum extent practicable, adequate methods used during construction to prevent inadvertent
damage to oaks and other trees to be retained, and replacement plantings provided for any oaks
removed to accommodate development. This shall be accomplished according to the following
standards:
a. The proposed Site Plan and related Grading Plan shall be refined to minimize
possible loss of any protected coast live oaks in the northeastern portion of the site
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 17
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through adjustments to the building footprint, extent of fills and possible use of
retaining walls, and alignment of the pedestrian path connecting the new building to
Reed Elementary School.
b. Where removal of any protected oaks cannot be avoided, replacement plantings
shall be provided at a minimum 3:1 ratio (trees planted to trees removed), with
replacement trees installed and maintained as part of the Landscape Plans for the
site.
C. Trees to be retained shall be flagged in the field prior to any grubbing or grading,
and construction crews instructed on the need to avoid and prevent damage to these
trees.
d. Temporary construction fencing shall be installed no less than 10 feet from the trunk
of any tree to be retained within 25 feet of construction-related disturbance, and this
fencing shall remain in place until grading and construction has been completed.
e. All construction workers, particularly equipment operators, shall be instructed on
the purpose of the fencing, that no equipment shall be used within this setback zone,
and that the trees are to be protected.
f. Landscape Plans shall be designed to prevent further loss and disturbance which
could adversely affect the long-term health of trees to be retained, including
avoidance of any changes from landscape irrigation and surface runoff within the
canopy of trees to be retained.
Mitigation Measure BI0-3. A Broom Eradication Program shall be developed for the site and
implemented as part of the Landscape Plans and future maintenance. Graded slopes and areas
disturbed as part of the project shall be monitored to prevent establishment and spread of French
and Scotch broom. Removal and monitoring shall include annual late winter removal of any rooted
plants when soils are saturated and cutting back of any remaining flowering plants in the spring
before seed begins to set in late April. This shall continue on an annual basis for at least three years
until replacement groundcover and landscaping has become successfully established. Ideally, this
program should continue indefinitely and be expanded to include adjacent open space areas which
are becoming overrun by these highly invasive species.
(Source: 4)
No
Impact
f. Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation plan?
Discussion:
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The proposed project would not conflict with any adopted Habitat Conservation Plan, Natural Community
Conservation Plan or other approved conservation plan. No such plans have been adopted for the site
vicinity, and no impacts are therefore anticipated.
(Source: 4)
V. CULTURAL RESOURCES
Would the project:
a. Cause a substantial adverse change in the
significance of a historical resource as defined ❑ ❑
in §15064.5?
Discussion:
Prior to 1943 the site was not heavily used or developed. In 1943, the United States Navy constructed five
(5) residential buildings covering a large proportion of the site to serve as family housing for the Navy
personnel working at the Net Depot (now the Romberg Tiburon Center) on Paradise Drive. One of these
buildings was located in the area where the parking lot is proposed; and two buildings were located in the
vicinity of the proposed recreation building and play area. The three other buildings were located
elsewhere on the site. The site was extensively used and disturbed during the construction and habitation
of these five buildings, which were demolished circa 1973. In 1998, extensive clean fill was placed on the
site in association with the construction of the nearby Tiburon Police Department building.
The site contains no known historic archaeological sites, paleontological resources, or unique geological
features. Archaeological sites State of California #251, CA-Mm-36, CA-Mrn-37 and CA-MM-38 are
located in the vicinity but not on the site. The site was previously surveyed by a registered archaeologist
who found no evidence that the sites extend onto the property. The sites are some distance away from the
property in the location of the current Reed Union School District property and alongside the intermittent
stream that passes through that property. Work associated with this project would have no impact on these
off-site locations.
(Sources: 14, 15)
b. Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to §15064.5?
Discussion:
See response to V.a.
(Sources: 14, 15)
c. Directly or indirectly destroy a unique El ❑ ❑
paleontological resource or site or unique
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 19
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Incorporation
geologic feature?
Discussion:
See response to V.a.
(Sources: 14, 15)
d. Disturb any human remains, including those
interred outside offormal cemeteries? ❑ ® ❑ ❑
Discussion:
Given the extent of prior site disturbance and the proposed limits of work on the site associated with this
project, it is highly unlikely that the project would unearth or disturb human remains. In the unlikely event
that human remains are encountered, the following standard mitigation measure shall be implemented:
Mitigation Measure CR-1: The disturbance of the location shall be halted in the vicinity of the find
and the county coroner contacted in conformance with State Health & Safety Code provisions. If
the coroner determines the remains are Native American, the coroner shall contact the Native
American Heritage Commission, which shall identify the person or persons believed to be most
likely descended from the deceased Native American. The most likely descendant shall make
recommendations regarding the treatment of the remains with appropriate dignity.
(Sources: 14, 15)
VI. GEOLOGY AND SOILS
Would the project:
a. Expose people or structures to potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
Rupture of a known earthquake fault,
as delineated on the most recent
Alquist-Priolo Earthquake Fault
Zoning Map issued by the State
Geologist for the area or based on ❑ ❑ ® ❑
other substantial evidence of a known
fault? Refer to Division of Mines and
Geology Special Publication 42.
Discussion:
Under the Alquist-Priolo Special Studies Zone Act, the California Division of Mines & Geology has
produced 1:2000 scale maps that show all active faults. There are no Alquist-Priolo Earthquake Fault
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 20
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Incorporation
Zones within the Town of Tiburon or on the site, and the site is not near any of the known active faults.
The nearest known active faults are the San Andreas fault, about 8 miles to the southwest, and the
Hayward fault, about 8 miles to the northeast. Therefore, the potential for fault surface rupture at the site is
remote and no mitigation is required.
Seiche and tsunamis are short duration earthquake-generated water waves in enclosed bodies of water and
the open ocean, respectively. The site is located approximately 0.3 miles from Richardson Bay, but is at an
average elevation of 90 feet. Therefore, the likelihood of seiche or tsunami at the site is remote and no
mitigation is required.
(Source: 3)
ii. Strong seismic ground shaking? F-1 ® ❑ El
Discussion:
The site will experience seismic ground shaking similar to other areas in the seismically active Bay Area.
The intensity of ground shaking will depend on the characteristics of the causative fault, distance from the
fault, the earthquake magnitude and duration, and site-specific geologic conditions. Table B presents the
expected ground accelerations at the site shown for earthquakes on various nearby active faults. These
acceleration values are for an earthquake originating on the closest portion of the fault to the site.
ESTIMATED PEAK GROUND ACCELERATIONS
Tiburon-Belvedere Recreation Project-Ned's Way
Geologic and Geotechnical Feasibility Study
Tiburon, California
Max. Credible Distance
Median
Moment to Fault
Peak Ground
Fault
Ma._nitude (kilometers)
Acceleration (ge
San Andreas
7.9 14
0.30
Hayward
7.4 15
0.21
San Gregorio
7.2 18
0.21
Rodgers Creek
7.0 23
0.16
(1) Abrahamson & Silva 2008, Boore & Atkinson 2008, Campbell & Bozorgnia 20
08, Chiao & Youngs 2008,
Idriss 2008, USGS 2010
The most likely source for future earthquakes close to the site is the San Andreas Fault with median peak
ground accelerations of 0.30 g. Potentially significant impacts from seismic ground shaking will be
mitigated to a less-than-significant level through imposition of the following measure:
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 21
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Mitigation Measure GEO-1: Improvements and structures shall be designed and constructed in
compliance with the California Building Code.
(Source: 3)
Seismic related ground failure,
including liquefaction? ❑ ❑ ❑
nicrrrnceinn
Liquefaction refers to the sudden, temporary loss of soil strength during strong ground shaking. This
phenomenon can occur where there are saturated, loose, granular (sandy) deposits subjected to seismic
shaking. Liquefaction-related phenomena include settlement, flow failure, and lateral spreading.
Saturated, relatively clean, loose granular deposits are not anticipated at the project site, and no mitigation
is required. Ground shaking can induce settlement of loose granular soils above the water table. Our
observation and testing records from construction of the fill slope indicate that fill soils consist of clayey
sands and sandy clays and were compacted to a minimum of 85% relative compaction (ASTM D-1557).
These dense and stiff soils do not have a significant potential for seismic densification. Therefore, the
potential for significant settlement of the near surface soils in a seismic event would be low and no
mitigation is required. Lurching and associated ground cracking can occur during strong ground shaking.
The ground cracking generally occurs along the tops of slopes where stiff soils are underlain by soft deposits
or along steep channel banks. These conditions are not anticipated at the site; therefore, lurching and ground
cracking are not considered significant hazards and no mitigation is required.
(Source: 3)
iv. Landslides? ❑ ® ❑ ❑
Discussion:
The geologic maps indicate the site is not located within a mapped landslide. A majority of the property is
relatively flat. However, the eastern portion of the property is flanked by moderately steep slopes that have
some potential to mobilize into shallow landslides. Therefore the threat of future on-site slope instability is
low to moderate. Potential impacts from landsliding will be reduced to less-than-significant levels if the
following measure is implemented:
Mitigation Measure GEO-2: The structure shall be set back from the slopes as outlined in the
applicable California Building Code. Alternatively, catchment and retaining walls shall be
constructed adjacent to the slopes if the structure is to be placed with in the setback zone. Site
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grading shall be performed in accordance with the geotechnical recommendation developed as part
of a design level investigation.
(Source: 3)
b. Result in substantial soil erosion or the
loss of topsoil? ❑ ® ❑
Dicrnccinn
Sandy soils on moderate slopes or clayey soils on steep slopes are susceptible to erosion when exposed to
concentrated surface water flow. The potential for erosion is increased when established vegetation is
disturbed or removed. The moderate slopes within the property may be susceptible to erosion from
concentrated surface water flow. This potentially significant impact would be reduced to a less-than-
significant level through implementation of the following measure:
No
Impact
Mitigation Measure GEO-3: Runoff from surface drainage or storm drains shall be directed away
from the property. No runoff shall outlet towards or over the slopes within the site. Erosion control
measures during and after construction should conform to the most recent version of the CASQA
Stormwater Best Management Practice Handbook Portal: Construction, dated November 2009.
(Source: 3)
C. Be located on a geologic unit or soil that
is unstable, or that would become
unstable as a result of the project, and
potentially result in on, or off, site ❑ ® ❑ ❑
landslide, lateral spreading, subsidence,
liquefaction or collapse?
Discussion:
Consolidation settlement occurs from structures and other surface loads that cause deformation of soft,
compressible clays. The portion of the site which will accommodate the proposed construction is underlain
by a compacted fill slope constructed in 1998 as part of the Tiburon Police Station project. Construction of
the fill slope was observed and tested by MPEG, whose records indicate the fill materials were generally
compacted to a minimum of 85% relative compaction. Based on their knowledge of the project, MPEG
anticipates relatively light structures which should not induce further settlement of the fill slope; however,
subsurface exploration as part of a design-level investigation report will be required to confirm the
settlement potential of the slope. Without mitigation, the risk of settlement of the existing fill slope is
moderate. The potentially significant impact would be reduced to a less-than-significant level through
NED"S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 23
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implementation of the following measure:
Mitigation Measure GEO-4: The building foundation and site grading shall be designed and
constructed in accordance with recommendations from a design level geotechnical report or
equivalent document.
(Source: 3)
d. Be located on expansive soil creating
substantial risks to life or property? ❑ ❑
Discussion:
No
Impact
Expansive soil occurs when clay particles interact with water causing volume changes in the clay soil. The
clay soil may swell when saturated and shrink when dried. This phenomenon generally decreases in
magnitude with increasing confinement pressure at depth. These volume changes may damage lightly loaded
foundations, flatwork, and pavements. During our site reconnaissance we did not observe significant
shrinkage cracks or other evidence indicative of expansive soils. Expansive soils are therefore not considered
a significant hazard at the site and no mitigation is required.
(Source: 3)
e. Have soils incapable of adequately
supporting the use of septic tanks or
alternative wastewater disposal systems ❑ ❑ ❑
where sewers are not available for the
disposal of wastewater?
The project would be connected to the public sewer system and would not incorporate or rely upon a septic
system or alternative wastewater disposal system. There would be no impact.
(Source: 2)
VII. GREENHOUSE GAS EMISSIONS
Would the project:
a. Generate greenhouse gas emissions, either
directly or indirectly, that may have a ❑ ❑ ® ❑
significant impact on the environment?
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 24
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Incorporation
Discussion:
Project construction would involve emissions associated with equipment and vehicles used for grading,
and construction of the project as well as emissions associated with manufacturing materials used to
construct the project. Construction emissions were assumed to occur over a period of about one year.
Construction phases included site grading (including excavation), paving, and building construction. The
GHG and Air Quality Assessment prepared for the project indicates that annual construction GHG
emissions from on-site construction activities and truck trips would be 34 metric tons if the project is
constructed all in one year
The project located in an urban area within close proximity to transportation, results in lower rates of GHG
emissions. In addition, while not required, measures that can reduce energy consumption and waste may
be included in the project and would further reduce GHG emissions. These would include energy-efficient
construction methods, inclusion of solar photovoltaic panels to produce energy, passive solar design,
appropriate landscape, water recycling systems, and waste diversion systems (e.g. collection of green waste
and other recycling).
The GHG and Air Quality Assessment estimated that GHG emissions from the project would be 453
metric tons of equivalent C02 per year in the year 2020. These emissions are below the significance
thresholds established by BAAQMD for new projects. As a result, the project would have a less than
significant impact with respect to GHG emissions.
(Source: 8)
b. Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing ❑ ❑ ❑
the emissions of greenhouse gasses?
Discussion:
As noted in the response to VII.a. above, the project would be consistent with BAAQMD standards for
new projects.
(Source: 8)
VIII. HAZARDS AND HAZARDOUS MATERIALS
Would the project:
a. Create a significant hazard to the public or
the environment through the routine
transport, use, or disposal of hazardous ❑ ❑ ❑
materials?
Discussion:
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 25
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Incorporation
The proposed use would be for public recreation purposes, including activities for elementary school-age
children. Therefore, hazardous substances and materials would not be stored at or brought to the site. Any
standard residential kitchen-type cleansers or cleaning products would be handled and applied using safety
precautions prescribed for such chemicals. There would be no impact.
(Source: 2)
b. Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the ❑ ❑ ❑
release of hazardous materials into the
environment?
Discussion:
See response to VIII.a.
(Source: 2)
c. Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or ❑ ❑ ❑
proposed school?
Discussion:
See response to VIII.a.
(Source: 2)
d. Be located on a site which is included on a list
of hazardous materials sites compiled pursuant
to Government Code Section 65962.5 and, as a ❑ ❑ ❑
result, would it create a significant hazard to
the public or the environment?
The project site is not included on a list of hazardous materials sites. Therefore, implementation of the
project would not create a significant hazard to the public or the environment related to its location on a
hazardous materials site. No impact would occur and no mitigation is required.
(Source: 11)
e. For a project located within an airport land ❑ ❑ ❑
use plan or, where such a plan has not been
NED"S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 26
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adopted, within two miles ofa public airport or
public use airport, would the project result in a
safety hazard for people residing or working in
the project area?
There is no public airport within two miles of the Town of Tiburon. The nearest public airport is Gnoss
Field which is approximately 12 miles north of Tiburon. There would be no impact.
(Source: 2)
f. For a project within the vicinity of a private
airstrip, would the project result in a safety
hazard for people residing or working in the ❑ ❑ ❑
project area?
Discussion:
No
Impact
No airstrips are located in the Town of Tiburon. The nearest private airstrip is located at Smith Ranch, which
is approximately eight (8) miles north of Tiburon. There would be no impact.
(Source: 9)
g. Impair implementation of or physically
interfere with an adopted emergency response ❑ ❑ ❑
plan or emergency evacuation plan?
Discussion:
The project would not affect an emergency response plan. While the project would create a public
recreational facility, such development would conform with all applicable local, county, State and federal
regulations pertaining to emergency safety. Therefore, implementation of the project would not impair
implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan. No impact would occur and no mitigation is required.
(Sources: 9)
h. Expose people or structures to a significant
risk of loss, injury or death involving wildland
fires, including where wildlands are adjacent ❑ ❑ ❑
to urbanized areas or where residences are
intermixed with wildlands?
Discussion:
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 27
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Incorporation
The project site is not located within the Wildland-Urban Interface (WUI) zone established by the Tiburon
Fire Protection District. The project will comply with non-WUI area vegetation management regulations
adopted by the Tiburon Fire Protection District. Therefore, implementation of the project would not
expose people or structures to significant risk of loss, injury or death involving wildland fires. There would
be no impact.
(Source: 18)
IX. HYDROLOGY AND WATER QUALITY
Would the project:
a. Violate'any water quality standards or waste
discharge requirements? ❑ ® ❑ ❑
Discussion:
Project implementation would potentially increase the area devoted to both paved (roadway and driveway)
surfaces and irrigated landscaping. The site plan includes a 0.23-acre parking lot (with 23 parking spaces)
and roughly 0.83 acres devoted to the facilities building and landscaped grounds, bordering both the
building and the re-graded south and east-facing slopes adjoining the parking lot. Episodic discharge of
parking lot stormwater contaminated with heavy metals and petrochemical residues could detrimentally
affect water quality in the lower Reed Drainage No. 1 watershed, Belvedere Lagoon and Richardson Bay.
Facilities development and its related landscaping could be accompanied by increased application of
fertilizers and chemicals (such as herbicides and pesticides). If such site vegetation management practices,
as well as over-irrigation, were applied, the project could result in downstream migration of contaminated
runoff to the intermittent western tributary to Reed Drainage No. 1. Due to the listing of Richardson Bay
under the Clean Water Act 303 d List of Impaired Waters, as impaired for mercury, PCBs, and several
pesticides, including chlordane and dieldrin; the discharge of even minor amounts of these substances
above ambient watershed levels would result in a potentially significant impact.
Mitigation Measure HYDRO-1. The following measures shall be instituted as part of the project:
a. A Stormwater Control Plan (SWCP) shall be prepared, as required by MCSTOPPP
(Mario County Stormwater Pollution Protection Program), that identifies potential
sources of stormwater pollutants and corresponding features for controlling each
potential source.
b. Drought-tolerant, native landscaping shall be used in the immediate vicinity of the
facilities building and parking lot. Invasive broom shall be removed from the
northeast facing slopes toward the intermittent creek. Cleared and re-graded slopes
shall be replanted with native grasses and shrubs to enhance slope stability and
filtering of stormwater runoff.
C. The project shall adhere to the alternative pest control strategies outlined in
MCSTOPPP publications, particularly the use of diazinon for ants.
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 28
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Incorporation
d. An appropriate mix of on-site bioretention facilities (e.g. rain gardens, bioretention
planters, bioswales, infiltration trenches), pervious paving, and/or in-line
stormwater filtration systems shall be implemented and maintained designed to
remove stormwater contaminants from site impervious area runoff. If required by
NPDES regulations, such treatment facilities/measures shall be designed to
accomplish the levels of flow rate or flow volume treatment Best Management
Practices (BMPs) cited in MCSTOPPP's NPDES Attachment 4 Requirements for
stormwater, which are outlined in various publications, including: Guidance for
Applicants: Stormwater Quality Manual for Development Projects in Marin County- A
Low Impact Development Approach.
(Source: S)
b. Substantially deplete groundwater supplies or
interfere substantially with groundwater
recharge such that there would be a net deficit
in aquifer volume or a lowering of the local
groundwater table level (e.g., the production ❑ ❑
rate ofpre-existing nearby wells would drop to
a level which would not support existing land
uses or planned uses for which permits have
been granted)?
Discussion:
Project-related increases in impervious surface would total approximately 17,230 square feet, or 0.2
percent of the Reed Drainage No.l watershed area, and this, by itself, would not substantially affect
groundwater recharge. Recommended on-site water quality mitigation measures would compensate for
much of the lost groundwater recharge via the integration of bioretention features into the project's final
design. Moreover, there are no known water supply wells downslope of the project site within the
watershed. Thus, the project would have less than significant impact on groundwater supplies and
groundwater recharge.
(Source: S)
c. Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or ❑ ® ❑
river, in a manner which would result in
substantial erosion or siltation on- or off- site?
Tai cr» cci nn
Depending on the final drainage design, including runoff mitigation measures, the proposed project could
have a minor impact on site drainage patterns, and on related erosion and siltation. The intermittent
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 29
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
western tributary to the Reed Drainage No. 1 watershed has undergone significant incision, most likely
resulting from upslope residential development and roadway construction. Occasional bedrock outcrops
and riparian tree roots evident along the tributary have locally slowed to rate of incision. However, further
unmitigated development within the watershed would likely accelerate the pace of tributary destabilization.
The proposed project parking lot would extend north and upslope from the upslope end of the existing
parking bays along the south side of Ned's Way. This area currently comprises a constructed topographic
bench 4-5 feet below the Ned's Way roadbed and drains south to a lower in-sloped drainage ditch, then
eventually to the tributary. The principal outlet for the Reed Drainage No. 1 watershed, including the
intermittent western tributary sub-watershed, Ned's Way, Lyford Drive and local segments of the north
side of Tiburon Boulevard, is a concrete box culvert under Tiburon Boulevard, adjacent to the Reed
School playground. A high flow bypass storm drain system also conveys Reed Drainage No. 1 floodwaters
and is discussed in more detail in section d. The proposed project parking area would be raised via fill
placement to enable parking lot access to Ned's Way. The repositioned parking lot would drain west to the
existing roadway curb and gutter and then downslope to the roadside drainage ditch paralleling the
northern shoulder of Tiburon Boulevard. Thus, while the post-project parking lot runoff would eventually
reach the same local Reed Drainage No. 1 watershed outlet, it would concentrate more quickly and be
routed more directly downslope along Ned's Way to the watershed outlet. This re-routing of runoff from a
portion of the project site would result in a minor reduction in the effective drainage area of the
intermittent western tributary. Without implementation of peak flow mitigation measures, it would also
create a minor increase in flows conveyed by the northern shoulder ditch along Tiburon Boulevard.
However, due to its mild gradient and broad cross-section, a minor increase in Ned's Way runoff would
not increase the rates of ditch erosion or downstream siltation.
If stormwater runoff from the project's main building is re-routed in a similar fashion from its current path
(i.e. south- southeast toward the intermittent western tributary) to the south side of Ned's Way, the extent
of the change in site drainage patterns will be increased. However, implementation of stormwater control
measures recommended for new development by MCSTOPPP (e.g. bioretention facilities) would allow the
existing drainage pattern to be maintained for the facilities building area, without an increase in erosion
potential in the intermittent western tributary.
Site development would also result in disturbance of a substantial portion of the parcel due to construction
of fill slopes and grading for project facilities. The bared soil surfaces created by site construction would
initially be vulnerable to sheet and rill erosion, potentially subjecting downstream drainageways to
increased siltation. The project impacts on site drainage patterns and on post-construction erosion and
siltation which would result in a potentially significant impact.
Mitigation Measure HYDRO-2. To reduce any project related impacts on site drainage patterns
and associated erosion and siltation, the following mitigation measures are recommended:
a. Implement stormwater control and treatment mitigations recommended under
Hydrology and Water Quality section a).
b. Incorporate an appropriate mix of stormwater runoff control measures to maintain
pre-development site peak flow rates and runoff volumes. Possible stormwater
measures could include the use of pervious pavement systems for the parking lot,
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 30
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
bioretention facilities for both the parking lot and maintenance building area, and
underground detention systems (vaults, buried pipes, etc).
C. Prepare and implement a project erosion control and revegetation plan that would
specify construction and post-construction BMPs to minimize site erosion and
sediment yields.
(Source: S)
d. Substantially alter the existing drainage
pattern of the site or area, including through
the alteration of the course of a stream or
river, or substantially increase the rate or F] ® ❑ ❑
amount of surface runoff in a manner which
would result in flooding on- or off- site?
Discussion:
The project would introduce approximately 17,230 square feet of impervious surface to the intermittent
western tributary sub-watershed and/or the Reed Drainage No. 1 watershed. The USGS formulation of the
Rational Method was used for the comparative peak flow analysis. Both the 2-year and 100-year design
rainstorms were analyzed for the existing (pre-project) and developed site conditions, excluding any
potential stormwater control mitigations. For determination of the runoff coefficient "C", the existing
condition attributed the entire site to the "natural watershed"' land use, while for the developed condition,
land use was characterized as either natural watershed (47.2% of area), paved parking/driveway (11.4%),
or low density residential (41.4%), which was the available category that most closely approximated the
percent impervious coverage for the main facilities building, walkways and grounds (approximately 19%),
as interpreted from the project site plan. The weighted "C" value for the site also considered the mapped
NRCS soil type Los Osos-Bonnydoon Complex, 30 to 50% slopes, which is classified as a loam and under
Hydrologic Soil Group C.
The resulting "C" value for the existing condition was 0.25 for the 2-year storm and 0.40 for the 100-year
storm, which reflects the higher proportion of runoff generated during a severe storm where antecedent
moisture levels in the watershed are high. For the developed condition, computed "C" values were 0.34
and 0.52, respectively, for the 2-year and 100-year events.
Rainfall intensities computed for the existing and developed conditions ranged from 1.25 inches/hour for
the 2-year rainstorm to 2.78-3.00 inches/hour for the 100-year rainstorm. Peak flow rates for the selected
design rainstorms were as follows:
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 31
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Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
Existing Condition
Developed Condition
% Increase
Peak Flow Rates for
Project Watershed
Qp, cfs (Qp=C1A)
2-year 100-year
0.62 2.23
0.86 3.15
38.3 41.5
The peak flow estimates listed above indicate that the proposed project would have a potentially significant
impact on peak flow rates.
Depending on the ultimate site stormwater design and its engendered drainage patterns, such increases in
peak flow rates could negatively affect the conveyance of floodwaters during severe, high magnitude
rainstorm, particularly under conditions of coincident high tides. The City of Belvedere installed the
previously mentioned high flow bypass storm drain around Year 2000, in response to the widespread
flooding that Marin County experienced in January 1982. This pipe discharges directly to Richardson Bay
immediately west of Belvedere Lagoon and was sized to accommodate roughly 45 percent of the 100-year
peak flow from the Reed Drainage No. 1 Watershed. Nonetheless, while the 2009 FEMA Flood Insurance
Rate Map (FIRM) indicates that the 100-year (I% annual chance) flood discharge is fully conveyed in the
storm drains underlying the Reed School playground, it also indicates that shallow sheet flooding would
occur over a portion of the playground, roughly along the principal storm drain alignment during that
event. This depicted zone of shallow flooding extends along the northern drainage ditch to the intersection
of Ned's Way. It appears likely that this mapped zone of shallow flooding in the vicinity of the local Reed
No. l Watershed outlet occurs due to backwater influences affecting Belvedere Lagoon. At any rate, the
computed project increases in 100-year peak flow rates could exacerbate the shallow flooding condition
indicated by the FIRM.
Both the previously mentioned Attachment 4 Requirements for New Development and Redevelopment
Projects, published by MCSTOPPP, and the Town's General Plan policies (e.g. Safety Element policy SE-
12) mandate the maintenance of pre-development condition peak flow rates and runoff volumes for both
the 2-year and 10-year design rainstorms.
Mitigation Measure. To reduce any project related impacts on the rate of surface water runoff,
implementation of Mitigation Measure HYDRO-2 (b) is recommended.
(Sources: S, 9, 17)
e. Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide ® E
substantial additional sources of polluted
runoff?
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 32
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
Discussion:
As discussed above in Section d, the proposed project could contribute to 100-year flooding of portions of
the Reed School playground and short sections of Tiburon Boulevard in the vicinity of the Reed Drainage
No. 1 watershed crossing and its intersection with Ned's Way. This is likely a result of coincident
backwater influence from Belvedere Lagoon, rather than an overwhelming of storm drain, culvert or ditch
capacities. The project would include construction of a 26 space parking lot, from which some stormwater
contaminants would be generated and eventually discharged to Belvedere Lagoon and Richardson Bay.
Due to the existing water quality impairment of Richardson Bay noted in the discussion in Section a and
the NDPES-mandated Phase II stormwater regulations for MS4s (Municipal Separate Storm Sewer
Systems), the project would result in a potentially significant impact on the quality of stormwater runoff.
Mitigation Measure. To reduce any project related impacts on the rate of surface water runoff,
implementation of Mitigation Measure HYDRO-1 is recommended.
(Source: 5)
f. Otherwise substantially degrade water quality? ❑ ® ❑ ❑
Discussion:
The project will result in a minor increase of stormwater contaminant (heavy metals, diazanon) loading and
exacerbate the already impaired waters in the Reed Drainage No. 1 watershed drainageways, including the
intermittent western tributary, and in Richardson Bay (mercury). Further discussion of water quality
impacts is presented in Section a above. The project would therefore result in a potentially significant
impact on water quality.
Mitigation Measure. To reduce any project related impacts on the rate of surface water runoff,
implementation of Mitigation Measure HYDRO-1 is recommended.
(Source: 5)
g. Place housing within a 100 year flood hazard
area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or ❑ ❑ ❑
other flood hazard delineation map?
T)igmiccinn
The hydrology and water quality study prepared for this project determined that the project site is not in the
vicinity of the designated FEMA Special Flood Hazard Areas (SFHAs). Thus, the project would have no
impact with respect to the siting of habitable structures within delineated flood hazard zones.
(Source: 5)
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 33
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
h. Place within a 100 year flood hazard area
structures which would impede or redirect ❑ ❑ ❑
flood flows?
Discussion:
The project would not encroach on any SFHAs mapped by FEMA for the Town of Tiburon. Also, the site
plan indicates that the parking lot and recreation facilities building would both be situated more than 50
feet from and significantly upslope of the intermittent western tributary. Thus, none of the project
structures would encroach on the tributary and its riparian corridor. Given its lack of proximity to active
flow zones of the nearby drainageways, the project would have no impact on floodflow impedance or
redirection within any of those drainageways.
(Source: S)
i. Expose people or structures to a significant
risk of loss, injury or death involving flooding,
including flooding as a result of the failure of a ❑ ❑ ❑
levee or dam?
Discussion:
The entire project site is situated high above any bayside levees and there are no dams upstream of the site
on the intermittent western tributary. Moreover, as indicated in subsection h. above, the project's
structures would be significantly removed from active floodways within the Reed Drainage No. 1
watershed. Therefore, the project would have no impact on people or structures resulting in increased risk
of loss, injury or death due to flooding.
(Source: S)
j. Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑
Discussion:
Elevations in the project area range from roughly 137 feet NAVD to 56 feet NAVD, which are 40 feet or
more above the zone of influence for bay seiches or tsunamis. Thus, there would be no risk of inundation
by those hydraulic events. As shown on the project site plan, the project facilities would occupy a
topographic bench immediately south and downslope of Ned's Way and would be bordered by partially
reconstructed (i.e. stabilized) hillslopes. Furthermore, the risk of inundations by mudflows occurring along
the immediate tributary channel corridor would be very low due to both the setback distance from the
active channel zone and the additional slope reconstructions associated with recent residential and road
development in the upper reaches of the watershed. Thus, the project would have no impact on the risk of
inundation by a mudflow.
(Source: 5)
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 34
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
X. LAND USE AND PLANNING
Would the project:
a. Physically divide an established community? ❑ ❑ ❑
Discussion:
The project proposes the installation of a 4,800 square foot recreation building, a parking lot, and ancillary
improvements such as landscaping, a play area, and walkways. As set forth in the project description, the
project would not be physically capable of dividing the community. There would be no impact.
(Source: 2)
b. Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including, but not
limited to the general plan, specific plan, local ❑ ❑
coastal program, or zoning ordinance)
adopted for the purpose of avoiding or
mitigating an environmental effect?
Discussion:
The proposed project use would be consistent with the Tiburon General Plan and Zoning Ordinance
designations of the site as Public/Quasi-Public use. There are no specific plans for the area, the project is
not within a coastal zone and is not within the jurisdiction of the Bay Conservation & Development
Commission. The project would be consistent with the pertinent policies of the Tiburon General Plan.
There would be no impact.
(Sources: 9, 10)
c. Conflict with any applicable habitat
conservation plan or natural community ❑ ❑ E] conservation plan?
Discussion:
Currently, there are no adopted local, regional, or state habitat conservation plans that include the Town of
Tiburon. There would be no impact.
(Source: 9)
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 35
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
XI. MINERAL RESOURCES
Would the project:
a. Result in the loss of availability of a known
mineral resource that would be of value to ❑ ❑ ❑
the region and the residents of the state?
Discussion:
Ring Mountain, which is considered by the State as a Scientific Resource Zone, is the only mineral
resource located within the Town of Tiburon. Ring Mountain is preserved as open space owned by the
Marie County Open Space District and therefore no impact would occur.
(Source: 9)
b. Result in the loss of availability of a
locally-important mineral resource recovery
site delineated on a local general plan, specific ❑ ❑ ❑
plan or other land use plan?
See response to X.a.
(Source: 9)
XII. NOISE
Would the project:
a. Exposure of persons to or generation of noise
levels in excess of standards established in
the local general plan or noise ordinance, or ❑ ® ❑ ❑
applicable standards of other agencies?
Discussion:
The project site and surrounding areas are exposed to average daily noise levels that are considered
normally acceptable for the proposed recreation facility use and the surrounding residential uses. This is a
less-than-significant impact.
Based on a review of traffic data obtained from the Traffic and Parking Study completed by Robert I.
Harrison for the project, traffic noise levels morning and afternoon peak periods under existing with
project and cumulative with project scenarios would increase by I to 2 dBA along Ned's way over
conditions without the project. This is a less-than-significant impact.
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 36
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
The mechanical equipment (e.g., boilers, air handlers, etc.) required for the recreation facility building was
not reviewed in this analysis. Depending on the type, size and placement, the operation of this equipment
has the possibility to exceed General Plan or Noise Ordinance standards at adjacent, noise sensitive,
residential uses, resulting in a potentially significant impact.
Mitigation Measure NOISE-1. To reduce any project related noise impacts from mechanical
equipment required for the recreation facility, the following measures shall be instituted as part of
the project
a. The mechanical equipment proposed by the project (e.g., boilers, air handlers)
would be located within the building in spaces such as an enclosed attic or
mechanical room.
b. If any noise producing mechanical equipment needs to be placed outdoors, it should
be enclosed with solid walls or earthen barriers such that these walls or barriers
block the line of sight from the noise source to the adjacent residences.
C. A qualified acoustical consultant should review the final selection, placement and
barrier placements for outdoor, noise producing, mechanical equipment to insure
that the noise levels produced by mechanical equipment noise do not exceed General
Plan or Noise Ordinance standards at adjacent, noise sensitive, residential uses.
(Sources: 6, 9)
b. Exposure of persons to or generation of
excessive ground borne vibration or ground
borne noise levels?
Discussion:
As set forth in the project description, short-term noise generated by the project would not expose persons
to or generate excessive ground borne vibration or ground borne noise levels. There would be no impact.
(Sources: 2)
c. A substantial permanent increase in ambient
noise levels in the project vicinity above levels E ® E
existing without the project?
Discussion:
The project would result in ongoing operational noise that would primarily result from activities occurring
at outdoor play areas, operation of mechanical equipment and traffic generated by the recreation facility.
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 37
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
The primary outdoor play area on the project site would be the level area to the north of the building. The
sound of children playing is distinctive and would be identifiable and audible at residences near the project
site. The noise study prepared for this project indicates that noise measurements of outdoor activities at
similar recreation facilities at schools and at playgrounds in the Bay Area show that typical outdoor play
would be expected to generate noise levels ranging from 59 to 67 dBA, with an average level of 66 dBA at
50 feet. The closest residences to the project site are about 175 feet southwest and 250 feet northwest of
the center of the play area. The average noise levels generated by children playing at the play area would
exceed typical daytime average noise levels at the closest residences by 5 to 10 dBA. However, the
proposed play area is relatively small and noise from the play area would only be intermittently audible
above the ambient noise levels in the vicinity. Based on this, the use of the proposed play areas at the
project would be considered a less-than-significant impact.
Noise resulting from mechanical equipment required for the recreation facility could be audible from
residences near the project site and would be considered a potentially significant impact.
Mitigation Measure. To reduce any project related noise impacts from mechanical equipment
required for the recreation facility, implementation of Mitigation Measure NOISE-1 is
recommended
Based on a review of the traffic data contained within the Traffic and Parking Study prepared for the
project, traffic noise levels during morning and afternoon peak periods under existing with project and
cumulative with project scenarios would increase by 1 to 2 dBA along Ned's Way over conditions without
the project. This increased would not be substantial and would cause a less-than-significant noise impact
as a result of the project.
(Sources: 6, 7)
d. A substantial temporary orperiodic increase in
ambient noise levels in the project vicinity E ® El El
above levels existing without the project?
Discussion:
Construction of the project would temporarily increase noise levels in the project area over the entirety of
the construction period. During construction increased noise levels would be generated on the site by
trucks delivering and recovering materials on the site; grading equipment; saws and hammers; backup
beepers; radios and voices of workers; and other typical activities necessary to construct the project. Noise
generated during construction would differ depending on the construction phase and the type and amount
of equipment used at the construction site. The highest noise levels would be generated during the grading
of the site, with lower noise levels occurring during building construction and finishing work, especially
given the modular nature of the building, where much of the assembly occurs off-site. Grading and
building assembly for the project is anticipated to take approximately 4-5 months, and other on-site paving
and construction work will take approximately one month, for a total construction period of 6 months.
When site work (ground clearing, excavation, paving and foundation work) activities are occurring near
the residences in the vicinity of the site, daytime noise levels can be expected to significantly exceed
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 38
Potentially Less-Than- Less-Than-
Significant Significant With Significant
Impact Mitigation Impact
Incorporation
existing noise levels. As construction proceeds beyond these phases, noise levels will diminish. Noise
produced by construction activities would, however, be audible and exceed existing noise levels during the
entire construction period at nearby residences. This would constitute a potentially significant short-term
noise impact.
Mitigation Measure NOISE-2. The following conditions shall be incorporated into construction
contract agreements to reduce construction noise impacts to less-than-significant levels:
a. Construction scheduling. Limit construction hours as specified in Title IV, Chapter
13-6 of the Tiburon Municipal Code.
b. Construction equipment mufflers and maintenance. Properly muffle and maintain
all construction equipment powered by internal combustion engines.
C. Idling prohibitions. Prohibit unnecessary idling of internal combustion engines.
Equipment should be turned off when not in use.
d. Equipment location and shielding. Locate all stationary noise-generating
construction equipment, such as air compressors, as far as practical from nearby
residences and other noise-sensitive land uses.
e. Quiet equipment selection. Select quiet construction equipment, particularly air
compressors, whenever possible. Fit motorized equipment with proper mufflers in
good working order.
f. Noise disturbance coordinator. Designate a "noise disturbance coordinator" who
will be responsible for responding to any local complaints about construction noise.
The noise disturbance coordinator will determine the cause of any noise complaint
(e.g., starting too early, bad muffler, etc.) and will require that reasonable measures
warranted to correct the problem be implemented. Conspicuously post a telephone
number for the noise disturbance coordinator at the construction site and include
the number in any notice sent to residential neighbors regarding the construction
schedule.
(Sources: 6, 10)
e. For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles ofa public airport or
public use airport, would the project expose ❑ ❑ ❑
people residing or working in the project area
to excessive noise levels?
Discussion:
No
Impact
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 39
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
The Town of Tiburon is not located within an area that is covered by an airport land use plan and is not located
within close proximity to a public airport or public use airport. There would be no impact.
(Source: 6)
f. For a project within the vicinity of a private
airstrip, would the project expose people
residing or working in the project area to ❑ ❑ ❑
excessive noise levels?
No airstrips are located in the Town of Tiburon. The nearest private airstrip is located at Smith Ranch,
which is approximately eight (8) miles north of Tiburon. There would be no impact.
(Source: 6)
XIII. POPULATION AND HOUSING
Would the project:
a. Induce substantial population growth in an
area, either directly (for example, by
proposing new homes and businesses) or ❑ ❑ ❑
indirectly (for example, through extension of
roads or other infrastructure)?
Discussion:
The proposed facility would be used for recreational purposes and does not include a housing component.
It will have no impact on population growth in the area, proposes no new homes or businesses, and would
not extend infrastructure or roads that would accommodate additional future growth or development in the
vicinity. There would be no impact.
(Source: 2)
b. Displace substantial numbers of existing
housing, necessitating the construction of ❑ ❑ ❑
replacement housing elsewhere?
The project site is currently vacant land. No existing housing would be displaced by the project. There
would be no impact.
(Source: 2)
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 40
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
XIV. PUBLIC SERVICES
Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered governmental facilities,
need for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times
or other peYformance objectives for any of the
public services:
a. Fire protection? ❑ ❑ ❑
Discussion:
Fire protection for the site is provided by the Tiburon Fire Protection District, whose main fire station is
located less than a mile from the project site. No new personnel or fire equipment would be required to
serve this small project. There would be no impact.
(Source: 2)
b. Police protection? ❑ ❑ ❑
Discussion:
The Tiburon Police Station is located a few hundred feet from the site, lower down on Ned's Way. The
Police Department does not anticipate the facility generating many calls for service and no new equipment
or personnel will be required to service the facility. There would be no impact.
(Source: 2)
c. Schools? ❑ ❑ ❑
Discussion:
The facility will not increase the classroom demand for children in the local school districts. One of the
purposes of the facility is find a new location for the Joint Recreation after-school enrichment program that
is being displaced from nearby Reed Elementary School due to increased student enrollment at that school.
The project would have a beneficial impact on schools to that extent. There would be no impact.
(Source: 2)
d. Parks?
❑ ❑ ❑
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 41
Potentially Less-Than- Less-Than-
Significant Significant With Significant
Impact Mitigation Impact
Incorporation
Discussion:
The facility will not increase demand for parks as it does not include housing or business development.
The recreational facilities proposed at the project site would add slightly to the inventory of recreational
facilities on the Tiburon Peninsula and would constitute a beneficial impact to that extent.
(Source: 2)
e. Other public facilities?
No
Impact
Discussion:
The proposed project would constitute a new public recreational facility for the community and would be a
beneficial impact in that regard. No other impacts on public facilities are anticipated from the project.
(Source: 2)
XV. RECREATION
Would the project:
f. Increase the use of existing neighborhood
and regional parks or other recreational
facilities such that substantial physical ❑ ❑ ❑
deterioration of the facility would occur or be
accelerated?
Discussion:
The project would not increase the number of residents within the Town of Tiburon or result in an increase
in recreational use or activity to an extent that would cause substantial deterioration of existing recreational
facilities. It is likely that the facility, by offering a new venue, will reduce deterioration of existing
recreational facilities. There would be no impact.
(Source: 2)
g. Include recreational facilities or require the
construction or expansion of recreational
facilities, which might have an adverse ❑ ® ❑ ❑
physical effect on the environment?
Discussion:
The project involves the construction of a new recreational facility. As outlined in this Initial Study, the new
recreational facility would result in potentially significant physical effects on the environment without
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 42
Potentially Less-Than- Less-Than-
Significant Significant With Significant
Impact Mitigation Impact
Incorporation
mitigation. Implementation of the mitigation measures recommended in this Initial Study would reduce all the
individual impacts to a less-than-significant level
(Source: 2)
XVI. TRANSPORTATION/TRAFFIC
Would the project:
a. Conflict with an applicable plan, ordinance
or policy establishing measures of
effectiveness for° the performance of the
circulation system, taking into account all
modes of transportation including mass
transit and non-motorized travel and relevant ❑
components of the circulation system,
including but not limited to intersections,
streets, highways and freeways, pedestrian
and bicycle paths, and mass transit?
Discussion:
No
Impact
❑ ® ❑
Local access to the project would be via Ned's Way from its intersection with Tiburon Boulevard. A traffic
and parking study for the project was prepared by Robert L. Harrison Transportation Planning (dated
September 2010). The study analyzed the potential impact of project traffic on the intersection of Ned's
Way and Tiburon Boulevard. The study determined that the traffic generated the project during peak-level
morning and afternoon hours would only marginally increase the traffic delays at this intersection and the
level of service would remain at LOS C.
The Circulation Element of the Tiburon General Plan has established LOS C as the standard for all signal
controlled intersections in Tiburon. As the intersection of Ned's Way and Tiburon Boulevard is controlled
only by a stop sign at the end of Ned's Way, this standard would not apply. However, the Transportation
Authority of Marin has adopted a Congestion Management Plan that has established a standard of LOS D
for Tiburon Boulevard. The traffic levels generated by the project would therefore comply with the
Tiburon General Plan and the Congestion Management Plan. There would be a less than significant
impact.
(Sources: 7)
b. Conflict with an applicable congestion
management program, including, but not
limited to level of service standards and travel
demand measures, or other standards ❑ ❑ H ❑
established by the county congestion
management agency for designated roads or
highways?
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 43
Potentially Less-Than-
Significant Significant With
Impact Mitigation
Incorporation
Discussion:
See response to XVI.a.
(Sources: 7)
c. Result in a change in air traffic patterns,
including either an increase in traffic levels
or a change in location that results in ❑ ❑
substantial safety risks?
Less-Than-
Significant
Impact
Discussion:
There are no public airports within two miles of the Town of Tiburon and no private airstrips in the
vicinity of Tiburon. There would be no impact.
(Source: 7)
d. Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm ❑ ❑ ❑
equipment)?
No
Impact
The traffic and parking study for the project analyzed the project access and parking design and
determined that the project would be consistent with modern design safety standards and would have no
adverse impacts on traffic safety. There would be no impact.
(Source: 7)
e. Result in inadequate emergency access? ❑ ❑ ❑
The project site is located on Ned's Way to the north of the Tiburon Police Station. Although the police
station is situated adjacent to Ned's Way, its parking lot is accessed from a separate driveway onto Tiburon
Boulevard. Project traffic on Ned's Way would not interfere with emergency access to or from the police
station or affect emergency access to other properties that utilize Ned's Way for access. There would be
no impact.
(Source: 7)
f. Conflict with adopted policies, plans orprograms
regarding public transit, bicycle or pedestrian ❑ ❑ ❑
facilities, or otherwise decrease the performance or
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 44
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
safety of such facilities?
T)icc» ccinn -
The project would include an ancillary foot path that would provide access from Kleinert Way by way of
the driveway on Town property used to access the AT&T equipment building. This path would allow
children to be safely walked from Reed School to the new recreation building to participate in after-school
programs and then walked back to the school at the completion of the after-school programs. The
vehicular and pedestrian access to the project would be consistent with Goal C-B of the Circulation
Element of the Tiburon General Plan to "provide safe and convenient movement of local residents and
visitors to their places of... recreation in the San Francisco Bay Area." The pedestrian path allowing
children to walk to after-school programs would be consistent with Implementing Program C-m, which
states that "the Town shall continue to work with the Reed Union School District and St. Hilary School to
promote alternative transportation programs to reduce traffic congestion around schools." There would be
no impact.
(Source: 7)
g. Result in inadequate parking capacity?
Tai ccn ccinn
Parking in the vicinity of the site is limited, primarily due to a shortage of spaces (by modern standards) at
the adjacent Hilarita Apartments. The Town had installed 18 additional parking spaces along Ned's Way
in approximately 2002 as part of the Chandler's Gate residential project. Six of the spaces are limited to 2-
hour parking except with a parking pass issued to Chandler's Gate residents. The other 12 spaces are non-
time-limited public parking spaces but are generally used by Hilarita residents. Two of these spaces will
be lost in order to create the driveway entry for the proposed project. Given the existing parking situation
in the vicinity, it is critical that the proposed facility not contribute to an existing (especially night-time)
parking shortfall. To that end, the project would include the construction of an approximately 23-space
parking lot. As described in the project description, event programming for the proposed building will be
designed and implemented to generate no more parking demand than could be accominodated on-site. As
the owner of the site, the Town is in a position to ensure that this control is properly exercised. Therefore,
there would be a less than significant impact.
(Source: 7)
XVII. UTILITIES AND SERVICE SYSTEMS
Would the project:
a. Exceed wastewater treatment requirements of
the applicable Regional Water Quality El El ❑ H
Control Board?
Discussion:
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 45
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
The project site would be served by Sanitary District No. 5 of Marin County for wastewater treatment.
Effluent would be piped through the existing public sewer system to the District's main treatment facility
at Paradise Drive and Mar West Street, which has adequate capacity to serve current and projected growth
on the Tiburon Peninsula, and no mitigation is required. Sanitary District No. 5 is in compliance with
Regional Water Quality Control Board (RWQCB) regulations. This small project is not expected to result
in significant increase in wastewater demands and would not create any exceedance of wastewater
treatment requirements of the RWQCB. There would be no impact.
(Source: 13)
b. Require or result in the construction of new
water or wastewater treatment facilities or
expansion ofexistingfacilities, the construction ❑ ❑ ® ❑
of which could cause significant environmental
effects?
Tai can cci nn
Water is supplied to the project area by the Marin Municipal Water District (MMWD), which indicates
that water meters and water allocations are currently available from MMWD. A water main is located
within Ned's Way. The proposed facility is anticipated to have an average daily water usage similar to a
large single family home. This minimal increase would not result in a significant increased demand for
water, would not trigger the need for new or expanded facilities or supplies, and no mitigation is required.
For wastewater treatment, the project site would be served by Sanitary District No. 5 of Marin County.
Effluent would be piped through the existing public sewer system, which passes through the site, to the
District's main treatment facility at Paradise Drive and Mar West Street, which has adequate capacity to
serve current and projected growth on the Tiburon Peninsula, and no mitigation is required. Due to the
relatively small size of the proposed project, no new water or wastewater treatment facilities would be
required, nor would any expansions of existing facilities will be needed. There would be no impact.
(Source: 13)
c. Require or result in the construction of new
storm water drainage facilities or expansion of
existing facilities, the construction of which ❑ ❑ ❑
could cause significant environmental effects?
Discussion:
A connection to the existing storm drainage system would be required for the project but no significant
environmental effects are anticipated because the system would be adequate to handle runoff from the site.
This minimal increase would not result in a significant increase in stormwater runoff, or require
improvements to downstream stormwater facilities. There would be no impact.
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 46
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
(Source: 5)
d. Have sufficient water supplies available to
serve the project from existing entitlements and
resources, or are new or expanded entitlements E] ❑ ® ❑
needed?
Discussion:
Water is supplied to the project area by the Marin Municipal Water District (MMWD), which indicates
that water meters and water allocations are currently available from MMWD. The facility is anticipated to
have an average daily water usage similar to a large single family home. This minimal increase would not
result in a significant increased demand for water and no mitigation is required. Impacts would therefore
be less-than-significant.
(Source: 13)
e. Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it has adequate capacity to
serve the project's projected demand in ❑ ❑ ® ❑
addition to the provider's existing
commitments?
Discussion:
The project site would be served by Sanitary District No. 5 of Marin County for wastewater treatment.
Effluent would be piped through the existing public sewer system to the District's main treatment facility
at Paradise Drive and Mar West Street, which has adequate capacity to serve current and projected growth
on the Tiburon Peninsula, and no mitigation is required. Impacts would therefore be less-than-significant.
(Source: 14)
f. Be served by a landfill with sufficientpermitted
capacity to accommodate the project's solid ❑ ❑ ® ❑
waste disposal needs?
Pi con ceinn
Landfill service for the area is provided by the Redwood Landfill Facility, located in northern Marin
County, north of Novato. This site includes a 420-acre active solid waste landfill and other operations
including a composting facility. The Redwood Landfill is currently permitted to accept up to 2,310 tons
per day until July 2024, with a maximum permitted landfill capacity of 19,100,000 cubic yards. This small
project would not have a substantive impact on solid waste disposal facilities, and no mitigation is
required. Impacts would therefore be less-than-significant.
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 47
Potentially
Significant
Impact
(Source: 16)
g. Comply with federal, state, and local statutes
and regulations related to solid waste? ❑
Less-Than-
Significant With
Mitigation
Incorporation
Less-Than-
Significant
Impact
No
Impact
Discussion:
See response to XVII.f.
(Source: 12)
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE
Would the project:
a. Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or animal ❑
community, reduce the number or restrict the
range of a rare or endangered plant or
animal or eliminate important examples of
the major periods of California history or
prehistory?
Discussion:
As summarized in this Initial Study, the project would have a potentially significant impact on raptor nests
or other bird nests protected under the Migratory Bird Treaty Act in the vicinity of the project site.
However, measures are identified and agreed to by the applicant that would reduce these impacts to a less-
than-significant level.
(Sources: All)
b. Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively considerable "
means that the incremental effects of a project
are considerable when viewed in connection ❑ ❑ ❑
with the effects of past projects, the effects of
other current projects, and the effects of
probable,future projects)?
Discussion:
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 48
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
No other cumulative projects are proposed in the vicinity of the project site. As set forth in Sections I - XVII
above, the project would have impacts that are individually limited. However, these impacts would not be
cumulatively considerable and no additional mitigation is required is address cumulative impacts.
(Sources: All)
c. Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
Discussion:
As summarized in this Initial Study, the project could result in potentially significant impacts to aesthetics,
biological resources, cultural resources, geology and soils, hydrology and water quality, and noise.
However, measures are identified and agreed to by the applicant that would reduce these impacts to a less-
than-significant level. These potential impacts would not be cumulative. No further study or mitigation is
required.
(Sources: All)
C. REFERENCES
The following is a list of references used in the preparation of this document. As noted at the
beginning of Section B, each of the topics addressed in the Evaluation of Environmental Impacts
includes a list of references by number. The numbers for the reference sources correspond with the
sources that are listed below by number. Unless attached herein, copies of all reference reports,
memorandums and letters are on file with the Town of Tiburon Community Development
Department.
1. Site visits; May 2010 and September 2010
2. Project plans and application materials submitted by the project sponsor including:
a. Site/Floor Plan drawing prepared by Miles Berger, August 2010
b. Topographic Survey prepared by Quiet River Land Services, Inc., August 2010
Preliminary Title Report, Stewart Title of California, Inc., May 26, 2010
d. Narrative project description dated August 2010
Geotechnical and Geologic Feasibility Study, Belvedere-Tiburon Recreation Center, Tiburon,
California - prepared by Miller-Pacific Engineering Group, June 7, 2010
4. Biological Resource Assessment, Recreation Facility at 600 Ned's Way - prepared by
Environmental Collaborative, November 3, 2010
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 49
Potentially Less-Than- Less-Than- No
Significant Significant With Significant Impact
Impact Mitigation Impact
Incorporation
5. Hydrology and Water Quality Study for Recreation Facility at 600 Ned's Way, prepared by
Clearwater Hydrology, November 10, 2010
6. Tiburon Joint Recreation Facility Environmental Noise Assessment, prepared by Illingworth &
Rodkin, Inc., November 16, 2010
7. Traffic and Parking Study - 600 Ned's Way Recreation Facility, prepared by Robert L. Harrison
Transportation Planning, September, 2010
8. Belvedere-Tiburon Joint Recreation Project GHG and Air Quality CEQA Assessment, prepared by
Illingworth & Rodkin, Inc., November 19, 2010
9. Town of Tiburon General Plan (as amended through 2010)
10. Town of Tiburon Zoning Ordinance, Title IV, Chapter 16 of the Tiburon Municipal Code; 2010
11. Hazardous waste list website http:!/www.dtsc.ca.gov/databaseiCalsites/Cortese-l-,ist.cfm
12. Conversation with Redwood Landfill, Petaluma, CA
13. Conversation with Joseph Eischens, MMWD, September 13, 2010
14. Personal Communication with Robert Lynch, Sanitary District No. 5, September 13, 2010
13. Aerial Photo of site, Marin Map, 2007
14. Hilarita Project Certified Environmental Impact Report, 1974
15. Town of Tiburon Archaeological Resource Maps
16. Paradise Drive Prezoning Initial Study, April 2009
17. Federal Emergency Management Agency, Flood Hazard Maps for Tiburon area, Effective May 4,
2009
18. Tiburon Fire Protection District Wildland Urban Interface (WUI) map and non-WUI area
regulations
S:\Planning\StaffFolders\dwatrous\Ned's Way Center\Initial Study Draft.doc
NED'S WAY JOINT RECREATION PROJECT INITIAL STUDY - Town of Tiburon, CA December, 2010 50
APPENDIX A
Consent Agreement for Mitigation Measures
Project Title: Ned's Way Joint Recreation Project
Lead Agency Name and Address: Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Contact Person and Phone Number: Mr. Daniel M. Watrous, Planning Manager
(415) 435-7393
Project. Location: 600 Ned's Way, Tiburon, CA 94920
Project Sponsor's Name and Address: Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
The Town of Tiburon, the project sponsor, hereby agrees to implement the mitigation measures
described herein which are recommended for the proposed project based on the assessment of
potential environmental impacts in the Initial Study and are incorporated into the preparation of
the Mitigated Negative Declaration (pursuant to Section 21157.5 of the Public Resources Code
and Article 6 of the State CEQA Guidelines) for the proposed project.
The mitigation measures required to reduce the potentially-significant impacts of the project to a
less-than-significant level are as follows:
Mitigation Measure AES-1: A detailed lighting plan shall be prepared and submitted with
any subsequent application for design approval. New exterior lighting of the building or
parking areas or any other element of the project shall be shielded to prevent glare, to
direct lighting downwards, and to reduce visibility from nearby residences. Lighting shall
be minimized to provide safe conditions without creating unnecessary glare. Final
construction and site improvement plans shall identify specific lighting standards and
fixtures.
Mitigation Measure BI0-1: Any active raptor nests or other bird nests protected under the
Migratory Bird Treaty Act in the vicinity of proposed grading and vegetation removal shall
be avoided until young birds are able to leave the nest (i.e., fledged) and forage on their
own. Avoidance may be accomplished either by scheduling initial grading and vegetation
removal during the non-nesting period (i.e., September through February), or if this is not
feasible, by conducting a pre-construction survey for bird nests. Provisions of the pre-
construction survey and nest avoidance, if necessary, shall include the following:
a. If grading and / or vegetation removal is scheduled during the active nesting
period (March through August), a qualified wildlife biologist shall conduct a
pre-construction survey no more than 14 days prior to initiation of these
activities to provide confirmation on presence or absence of active nests in
Consent Agreement for Mitigation Measures Ned's Way Joint Recreation Project
the vicinity. This shall include both a daytime visual survey for raptors and
other diurnal bird species, and a nighttime survey for nesting owls.
b. If active bird nests are encountered, species-specific measures shall be
prepared by a qualified biologist in consultation with the CDFG and
implemented to prevent abandonment of the active nest. At a minimum,
grading or vegetation removal near the nest shall be deferred until the
young birds have fledged. A nest-setback zone based on site conditions and
proximity of the nest to existing and proposed development, shall be
established within which all construction-related disturbance shall be
prohibited. The perimeter of the nest-setback zone shall be fenced or
adequately demarcated, and construction personnel restricted from the
area.
C. If permanent avoidance of the nest is not feasible, impacts shall be
minimized by prohibiting disturbance within the nest-setback zone until a
qualified biologist verifies that the birds have either (a) not begun egg-laying
and incubation, or (b) that the juveniles from the nest are foraging
independently and capable of independent survival at an earlier date. A
survey report by the qualified biologist verifying that the young have fledged
shall be submitted to the Town of Tiburon prior to initiation of grading in
the nest-setback zone.
Mitigation Measure BIO-2. The mature native coast live oaks on the site shall be retained
to the maximum extent practicable, adequate methods used during construction to prevent
inadvertent damage to oaks and other trees to be retained, and replacement plantings
provided for any oaks removed to accommodate development. This shall be accomplished
according to the following standards:
a. The proposed Site Plan and related Grading Plan shall be refined to
minimize possible loss of any protected coast live oaks in the northeastern
portion of the site through adjustments to the building footprint, extent of
fills and possible use of retaining walls, and alignment of the pedestrian path
connecting the new building to Reed Elementary School.
b. Where removal of any protected oaks cannot be avoided, replacement
plantings shall be provided at a minimum 3:1 ratio (trees planted to trees
removed), with replacement trees installed and maintained as part of the
Landscape Plans for the site.
C. Trees to be retained shall be flagged in the field prior to any grubbing or
grading, and construction crews instructed on the need to avoid and prevent
damage to these trees.
d. Temporary construction fencing shall be installed no less than 10 feet from
the trunk of any tree to be retained within 25 feet of construction-related
disturbance, and this fencing shall remain in place until grading and
construction has been completed.
Consent Agreement for Mitigation Measures Ned's Way Joint Recreation Project 2
e. All construction workers, particularly equipment operators, shall be
instructed on the purpose of the fencing, that no equipment shall be used
within this setback zone, and that the trees are to be protected.
L Landscape Plans shall be designed to prevent further loss and disturbance
which could adversely affect the long-term health of trees to be retained,
including avoidance of any changes from landscape irrigation and surface
runoff within the canopy of trees to be retained.
Mitigation Measure BIO-3. A Broom Eradication Program shall be developed for the site
and implemented as part of the Landscape Plans and future maintenance. Graded slopes
and areas disturbed as part of the project shall be monitored to prevent establishment and
spread of French and Scotch broom. Removal and monitoring shall include annual late
winter removal of any rooted plants when soils are saturated and cutting back of any
remaining flowering plants in the spring before seed begins to set in late April. This shall
continue on an annual basis for at least three years until replacement groundcover and
landscaping has become successfully established. Ideally, this program should continue
indefinitely and be expanded to include adjacent open space areas which are becoming
overrun by these highly invasive species.
Mitigation Measure CR-1: The disturbance of the location shall be halted in the vicinity of
the find and the county coroner contacted in conformance with State Health & Safety Code
provisions. If the coroner determines the remains are Native American, the coroner shall
contact the Native American Heritage Commission, which shall identify the person or
persons believed to be most likely descended from the deceased Native American. The most
likely descendant shall make recommendations regarding the treatment of the remains with
appropriate dignity.
Mitigation Measure GEO-1: Improvements and structures shall be designed and
constructed in compliance with the California Building Code.
Mitigation Measure GEO-2: The structure shall be set back from the slopes as outlined in
the applicable California Building Code. Alternatively, catchment and retaining walls shall
be constructed adjacent to the slopes if the structure is to be placed with in the setback
zone. Site grading shall be performed in accordance with the geotechnical recommendation
developed as part of a design level investigation.
Mitigation Measure GEO-3: Runoff from surface drainage or storm drains shall be
directed away from the property. No runoff shall outlet towards or over the slopes within
the site. Erosion control measures during and after construction should conform to the
most recent version of the CASQA Stormwater Best Management Practice Handbook
Portal: Construction, dated November 2009.
Mitigation Measure GEO-4: The building foundation and site grading shall be designed and
constructed in accordance with recommendations from a design level geotechnical report or
equivalent document.
Mitigation Measure HYDRO-1. The following measures shall be instituted as part of the
project:
Consent Agreement for Mitigation Measures Ned's Way Joint Recreation Project
a. A Stormwater Control Plan (SWCP) shall be prepared, as required by
MCSTOPPP (Maria County Stormwater Pollution Protection Program),
that identifies potential sources of stormwater pollutants and corresponding
features for controlling each potential source.
b. Drought-tolerant, native landscaping shall be used in the immediate vicinity
of the facilities building and parking lot. Invasive broom shall be removed
from the northeast facing slopes toward the intermittent creek. Cleared and
re-graded slopes shall be replanted with native grasses and shrubs to
enhance slope stability and filtering of stormwater runoff.
C. The project shall adhere to the alternative pest control strategies outlined in
MCSTOPPP publications, particularly the use of diazinon for ants.
d. An appropriate mix of on-site bioretention facilities (e.g. rain gardens,
bioretention planters, bioswales, infiltration trenches), pervious paving,
and/or in-line stormwater filtration systems shall be implemented and
maintained designed to remove stormwater contaminants from site
impervious area runoff. If required by NPDES regulations, such treatment
facilities/measures shall be designed to accomplish the levels of flow rate or
flow volume treatment Best Management Practices (BMPs) cited in
MCSTOPPP's NPDES Attachment 4 Requirements for stormwater, which
are outlined in various publications, including: Guidance for Applicants:
Stormwater Quality Manual for Development Projects in Marin County- A
Low Impact Development Approach.
Mitigation Measure HYDRO-2. To reduce any project related impacts on site drainage
patterns and associated erosion and siltation, the following mitigation measures are
recommended:
a. Implement stormwater control and treatment mitigations recommended
under Hydrology and Water Quality section a).
b. Incorporate an appropriate mix of stormwater runoff control measures to
maintain pre-development site peak flow rates and runoff volumes. Possible
stormwater measures could include the use of pervious pavement systems
for the parking lot, bioretention facilities for both the parking lot and
maintenance building area, and underground detention systems (vaults,
buried pipes, etc).
C. Prepare and implement a project erosion control and revegetation plan that
would specify construction and post-construction BMPs to minimize site
erosion and sediment yields.
Mitigation Measure NOISE-1. To reduce any project related noise impacts from
mechanical equipment required for the recreation facility, the following measures shall be
instituted as part of the project
a. The mechanical equipment proposed by the project (e.g., boilers, air
handlers) would be located within the building in spaces such as an enclosed
attic or mechanical room.
Consent Agreement for Mitigation Measures Ned's Way Joint Recreation Project 4
b. If any noise producing mechanical equipment needs to be placed outdoors, it
should be enclosed with solid walls or earthen barriers such that these walls
or barriers block the line of sight from the noise source to the adjacent
residences.
C. A qualified acoustical consultant should review the final selection, placement
and barrier placements for outdoor, noise producing, mechanical equipment
to insure that the noise levels produced by mechanical equipment noise do
not exceed General Plan or Noise Ordinance standards at adjacent, noise
sensitive, residential uses.
Mitigation Measure NOISE-2. The following conditions shall be incorporated into
construction contract agreements to reduce construction noise impacts to less-than-
significant levels:
a. Construction scheduling. Limit construction hours as specified in Title IV,
Chapter 13-6 of the Tiburon Municipal Code.
b. Construction equipment mufflers and maintenance. Properly muffle and
maintain all construction equipment powered by internal combustion
engines.
C. Idling prohibitions. Prohibit unnecessary idling of internal combustion
engines. Equipment should be turned off when not in use.
d. Equipment location and shielding. Locate all stationary noise-generating
construction equipment, such as air compressors, as far as practical from
nearby residences and other noise-sensitive land uses.
e. Quiet equipment selection. Select quiet construction equipment,
particularly air compressors, whenever possible. Fit motorized equipment
with proper mufflers in good working order.
f. Noise disturbance coordinator. Designate a "noise disturbance coordinator"
who will be responsible for responding to any local complaints about
construction noise. The noise disturbance coordinator will determine the
cause of any noise complaint (e.g., starting too early, bad muffler, etc.) and
will require that reasonable measures warranted to correct the problem be
implemented. Conspicuously post a telephone number for the noise
disturbance coordinator at the construction site and include the number in
any notice sent to residential neighbors regarding the construction schedule.
Applicant's Signature:
Date:
Margaret A.: urran, Town Manager
Consent Agreement for Mitigation Measures Ned's Way Joint Recreation Project 5
RESOLUTION NO. (Draft)-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING SITE PLAN AND ARCHITECTURAL DRAWINGS AND ADOPTING
A MITIGATED NEGATIVE DECLARATION AND A MITIGATION MONITORING
PROGRAM FOR THE NED' S WAY RECREATION FACILITY PROJECT
ON PROPERTY AT 600 NED' S WAY
ASSESSOR PARCEL NO. 058-151-27
WHEREAS, the Town of Tiburon is considering the construction and installation
of a single story, 4,800 square foot modular building and ancillary improvements (the
"Project") on Town-owned property at 600 Ned's Way to house the relocated Belvedere-
Tiburon Joint Recreation (BTJR) after-school children's program and other BTJR and
Town of Tiburon-sponsored recreational activities, and to provide permanent office space
for BTJR staff; and
WHEREAS, on July 21, 2010 the Town Council adopted Ordinance No. 522 N.S.
establishing review and decision-making procedures for this Project. The ordinance
exempts the Project from provisions of the Zoning Ordinance but requires the Town
Council to review the site plan and architectural drawings for the project at a public
meeting prior to any approval; and
WHEREAS, on February 16, 2011, the Town Council held a public meeting to
review the site plan and architectural drawings for the Project; and
WHEREAS, an initial study of environmental impact was prepared for the Project
and a draft mitigated negative declaration released for public comment on December 1,
2010. The comment period closed on December 22, 2010. The Town Council finds that,
based on the record, no substantial evidence to support a fair argument that a significant
adverse impact would result from the Project has been presented; and
WHEREAS, after hearing all testimony and reviewing all documents on the
record, the Town Council found that the Project, as conditioned, is consistent with the
goals and objectives of the Tiburon General Plan and is in compliance with criteria of
review and other parameters set forth in Ordinance No. 522 N. S.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby adopt the Mitigated Negative Declaration for the Project.
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon
does hereby approve the site plan and architectural drawings for the Project, subject to
the following conditions:
1. All mitigation measures set forth in the Mitigation Monitoring Program
for the Project are incorporated herein as conditions of approval.
Town Council Resolution No. (Draft)-2011 0211612011 1
`p~'' NO.
2. The Project shall be in substantial conformance with the Site Plan (one
sheet dated 12/23/2010), Architectural Elevation Drawings (two sheets
dated 1/26/2011) and Floor Plan (one sheet dated 1/10/2011), which
constitute the approved site plan and architectural drawings for the
Project. Said plans are on file and available for public review at Tiburon
Town Hall during regular business hours.
3. Recreation programs and events shall be scheduled such that they will not
begin or end within at least 15 minutes of the Reed School opening time
(i.e., between 8:00 a.m. and 8:30 a.m.) and dismissal times (i.e., between
12:45 p.m. and 2:45 p.m.) on school days to avoid any traffic conflicts
with the nearby school use. These 15-minute time windows are subject to
change in accordance with any changes to Reed School opening and
dismissal times.
4. Event programming for the facility will be scheduled and implemented to
generate no more on-site parking demand than can be accommodated on-
site. Off-site parking accommodations may be arranged and implemented.
5. All necessary permits shall be obtained from the Tiburon Building
Division.
6. All exterior lighting fixtures must be downlight type fixtures.
7. A construction sign shall be posted on the site during construction of the
Project, in a location plainly visible to the public. The sign shall be 24" x
24" in size and shall be made of durable, weather-resistant materials
intended to survive the life of the construction period. The sign shall
contain the following information: job street address; work hours allowed
per Chapter 13 of the Tiburon Municipal Code; builder (company name,
city, state, ZIP code); construction manager (name and phone number);
and emergency contact (name and phone number reachable at all times).
The sign shall be posted at the commencement of work and shall remain
posted until the contractor has vacated the site.
8. The Project shall comply with all requirements of the Tiburon Fire
Protection District:
a. The structure shall have installed throughout an automatic fire
sprinkler system. The system design, installation and final testing
shall be approved by the District Fire Prevention Officer.
b. The vegetation on this parcel shall comply with the requirements
of the Tiburon Fire Protection District and the recommendations of
Fire Safe Marin. A vegetation management plan shall be
submitted and approved prior to work being performed.
9. The Project shall comply with all requirements of the Marin Municipal
Water District, including landscape and irrigation requirements.
Town Council Resolution No. (Draft)-2011 0211612011 2
10. The Town shall obtain a sewer permit from the Sanitary District No. 5 and
pay all applicable fees prior to construction of a side sewer and connection
to the sewer main. After connection to the sewer main but prior to
commencement of discharge and prior to covering of the pipe, the District
shall be contacted and allowed to inspect the connection for conformance
to standards.
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon does
hereby adopt the Mitigation Monitoring Program for the Project, attached hereto as Exhibit
"A" and incorporated herein.
PASSED AND ADOPTED at a regular meeting of the Town Council on
, 2011, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachment: Exhibit "A", Mitigation Monitoring Program
S: Wministration l Town CouncillResolutions12011 Wed's Way zoning reso.doc
Town Council Resolution No. (Draft)-2011 0211612011 3
EXHIBIT `A'
MITIGATION MONITORING PROGRAM
NEWS WAY JOINT RECREATION PROJECT
FILE # S2010-04
600 NEWS WAY
Aesthetics
Mitigation Measure:
AES-1: A detailed lighting plan shall be prepared and submitted with the building
permit drawings. New exterior lighting of the building or parking areas or any other
element of the project shall be shielded to prevent glare, to direct lighting
downwards, and to reduce visibility from nearby residences. Lighting shall be
minimized to provide safe conditions without creating unnecessary glare or light
pollution. The building permit drawings shall identify specific lighting standards
and fixtures.
Implementation Procedure:
A detailed lighting plan, including specifications for all exterior lighting fixtures, shall be
reviewed by Planning Division staff prior to issuance of the building permit.
Implementation of this lighting program shall be by the contractor, under review of the
Building Official and Building Inspector.
Non-Compliance Sanction:
No issuance of building permit if mitigation measure is not met. No final inspection or
occupancy if compliance not achieved.
Biological Resources
Mitigation Measure
BIO-1: Any active raptor nests or other bird nests protected under the Migratory
Bird Treaty Act in the vicinity of proposed grading and vegetation removal shall be
avoided until young birds are able to leave the nest (i.e., fledged) and forage on their
own. Avoidance may be accomplished either by scheduling initial grading and
vegetation removal during the non-nesting period (i.e., September through
February), or if this is not feasible, by conducting a pre-construction survey for bird
nests. Provisions of the pre-construction survey and nest avoidance, if necessary,
shall include the following:
a. If grading and / or vegetation removal is scheduled during the active
nesting period (March through August), a qualified wildlife biologist
MITIGATION MONITORING PROGRAM NED'S WAY JOINT RECREATION PROJECT FILE 452010-04 212011
shall conduct a pre-construction survey no more than 14 days prior to
initiation of these activities to provide confirmation on presence or
absence of active nests in the vicinity. This shall include both a
daytime visual survey for raptors and other diurnal bird species, and
a nighttime survey for nesting owls.
b. If active bird nests are encountered, species-specific measures shall be
prepared by a qualified biologist in consultation with the CDFG and
implemented to prevent abandonment of the active nest. At a
minimum, grading or vegetation removal near the nest shall be
deferred until the young birds have fledged. A nest-setback zone
based on site conditions and proximity of the nest to existing and
proposed development, shall be established within which all
construction-related disturbance shall be prohibited. The perimeter
of the nest-setback zone shall be fenced or adequately demarcated,
and construction personnel restricted from the area.
C. If permanent avoidance of the nest is not feasible, impacts shall be
minimized by prohibiting disturbance within the nest-setback zone
until a qualified biologist verifies that the birds have either (a) not
begun egg-laying and incubation, or (b) that the juveniles from the
nest are foraging independently and capable of independent survival
at an earlier date. A survey report by the qualified biologist verifying
that the young have fledged shall be submitted to the Town of
Tiburon prior to initiation of grading in the nest-setback zone.
Implementation Procedure:
If construction is scheduled during the nesting period, the Public Works Department shall
hire a qualified wildlife biologist to conduct the pre-construction survey prior to
commencement of construction activities. If active bird nests are encountered, the Town
Engineer shall implement species-specific measures as prepared by the biologist and shall
coordinate with project contractors to ensure implementation of these measures. If
permanent avoidance of any found nests is not feasible, the wildlife biologist shall
conduct a survey report verifying that the young birds have fledged before the Town
Engineer authorizes grading to commence in the nest-setback zone. The Town Engineer
shall conduct a pre-construction meeting to inform contractors of these requirements and
shall regularly inspect the construction to ensure compliance with these requirements.
Non-Compliance Sanction:
Failure to comply with the biologist-recommended measures will result in the issuance of
correction notices, citations, a project stop-work order, or other available enforcement
methods. No final inspection or occupancy if compliance not achieved.
MITIGATION MONITORING PROGRAM NED'S WAY JOINT RECREATION PROJECT FILE #52010-04 2/2011 2
BI0-2. The mature native coast live oaks on the site shall be retained to the
maximum extent practicable, adequate methods used during construction to prevent
inadvertent damage to oaks and other trees to be retained, and replacement
plantings provided for any oaks removed to accommodate development. This shall
be accomplished according to the following standards:
a. The proposed Site Plan and related Grading Plan shall be refined to
minimize possible loss of any protected coast live oaks in the
northeastern portion of the site through adjustments to the building
footprint, extent of fills and possible use of retaining walls, and
alignment of the pedestrian path connecting the new building to Reed
Elementary School.
b. Where removal of any protected oaks cannot be avoided, replacement
plantings shall be provided at a minimum 3:1 ratio (trees planted to
trees removed), with replacement trees installed and maintained as
part of the Landscape Plans for the site.
c. Trees to be retained shall be flagged in the field prior to any grubbing
or grading, and construction crews instructed on the need to avoid
and prevent damage to these trees.
d. Temporary construction fencing shall be installed no less than 10 feet
from the trunk of any tree to be retained within 25 feet of
construction-related disturbance, and this fencing shall remain in
place until grading and construction has been completed.
e. All construction workers, particularly equipment operators, shall be
instructed on the purpose of the fencing, that no equipment shall be
used within this setback zone, and that the trees are to be protected.
f. Landscape Plans shall be designed to prevent further loss and
disturbance which could adversely affect the long-term health of trees
to be retained, including avoidance of any changes from landscape
irrigation and surface runoff within the canopy of trees to be retained.
Implementation Procedure:
The Planning Division shall review the refined Site Plan and Grading Plan and the
Landscape Plan prior to issuance of the building permit to ensure compliance. Town Staff
shall also conduct an inspection of the installed landscaping prior to building final
inspection to ensure that appropriate landscaping is installed. The Town Engineer shall
conduct a pre-construction meeting to inform contractors of these requirements and shall
regularly inspect the construction to ensure compliance with these requirements.
MITIGATION MONITORING PROGRAM NED'S WAY JOINT RECREATION PROJECT FILE #S2010-04 2/2011 3
Non-Compliance Sanction:
Failure to comply with the biologist-recommended measures will result in the issuance of
correction notices, citations, a project stop-work order, or other available enforcement
methods. No final inspection or occupancy if compliance not achieved.
BI0-3. A Broom Eradication Program shall be developed for the site and
implemented as part of the Landscape Plans and future maintenance. Graded
slopes and areas disturbed as part of the project shall be monitored to prevent
establishment and spread of French and Scotch broom. Removal and monitoring
shall include annual late winter removal of any rooted plants when soils are
saturated and cutting back of any remaining flowering plants in the spring before
seed begins to set in late April. This shall continue on an annual basis for at least
three years until replacement groundcover and landscaping has become successfully
established. Ideally, this program should continue indefinitely and be expanded to
include adjacent open space areas which are becoming overrun by these highly
invasive species.
Implementation Procedure:
The Planning Division shall review the Landscape Plan prior to issuance of the building
permit to ensure inclusion of all broom removal measures. The Town Engineer shall
conduct inspections of the site once broom has been removed and inspect the installed
landscaping prior to building final inspection. The Public Works Department shall
conduct annual inspections and broom removal for at least three years to ensure
completion of the broom eradication program.
Non-Compliance Sanction:
Failure to comply with the broom eradication program will result in the issuance of
correction notices, citations, a project stop-work order, or other available enforcement
methods. No final inspection or occupancy if compliance not achieved.
Cultural Resources
Mitigation Measure
CR-1: The disturbance of the location shall be halted in the vicinity of the find and
the county coroner contacted in conformance with State Health & Safety Code
provisions. If the coroner determines the remains are Native American, the coroner
shall contact the Native American Heritage Commission, which shall identify the
person or persons believed to be most likely descended from the deceased Native
American. The most likely descendant shall make recommendations regarding the
treatment of the remains with appropriate dignity.
MITIGATION MONITORING PROGRAM NED'S WAY JOINT RECREATION PROJECT FILE #S2010-04 2/2011 4
Implementation Procedure:
Project applicant/contractor and/or Building Inspector shall stop work and inform the
appropriate authorities in the event archaeological resources are found.
Non-Compliance Sanction:
Failure to comply with requirements will result in stop-work orders and fines.
Geology and Soils
Mitigation Measure:
GEO-1:, Improvements and structures shall be designed and constructed in
compliance with the California Building Code.
Implementation Procedure:
Construction drawings submitted by applicant for building permits must show
compliance with the applicable California Building Code to the satisfaction of the
Building Official. Responsibility of Building Official to ensure plans contain this
information and that any structural integrity reinforcements have been approved by the
Town Engineer. Actual installation of all improvements shall be confirmed by the
Building Official prior to final inspection and sign off on the building and/or grading
permit.
Non-Compliance Sanction:
No issuance of building permit if plans are not in conformance with the applicable
California Building Code; no final sign off if appropriate measures and reinforcements
not installed; halt construction; fines.
Mitigation Measure:
GEO-2: The structure shall be set back from the slopes as outlined in the applicable
California Building Code. Alternatively, catchment and retaining walls shall be
constructed adjacent to the slopes if the structure is to be placed with in the setback
zone. Site grading shall be performed in accordance with the geotechnical
recommendation developed as part of a design level investigation.
Implementation Procedure:
Construction drawings submitted by applicant for building permit must show setbacks
from slopes or design for catchment and retaining walls acceptable to the Town. Engineer
and the Building Official. Responsibility of Building Official to ensure plans contain this
information and that improvements have been approved by the Town Engineer. Actual
MITIGATION MONITORING PROGRAM NED'S WAY JOINT RECREATION PROJECT FILE #S2010-04 2/2011 5
installation of required improvements shall be confirmed by the Building Official prior to
final inspection and sign off on the building and/or grading permit.
Non-Compliance Sanction:
No issuance of building permit if required improvements are not shown on plans; no final
sign off if these improvements not installed; halt construction; fines.
Mitigation Measure:
GEO-3: Runoff from surface drainage or storm drains shall be directed away from
the property. No runoff shall outlet towards or over the slopes within the site.
Erosion control measures during and after construction should conform to the most
recent version of the CASQA Stormwater Best Management Practice Handbook
Portal: Construction, dated November 2009.
Implementation Procedure:
Construction drawings and specifications shall show drainage plans to ensure compliance
with this measure. Town Engineer and Building Official shall review said drawings and
specifications for conformance with the mitigation measure.
Non-Compliance Sanction:
No issuance of building permit if mitigation measure is not met. No final inspection or
occupancy if compliance not achieved.
GEO-4: The building foundation and site grading shall be designed and constructed
in accordance with recommendations from a design level geotechnical report or
equivalent document.
Implementation Procedure:
Construction drawings and specifications shall indicate compliance with requirements of
geotechnical report for the project. Town Engineer and Building Official shall review
said drawings and specifications for conformance with the mitigation measure.
Non-Compliance Sanction:
No issuance of building permit if mitigation measure is not met. No final inspection or
occupancy if compliance not achieved.
MITIGATION MONITORING PROGRAM NED'S WAY JOINT RECREATION PROJECT FILE #S2010-04 2/2011 6
Hydrology and Water Quality
Mitigation Measure:
HYDRO-1. The following measures shall be instituted as part of the project:
a. A Stormwater Control Plan (SWCP) shall be prepared, as required
by MCSTOPPP (Mario County Stormwater Pollution Protection
Program), that identifies potential sources of stormwater pollutants
and corresponding features for controlling each potential source.
b. Drought-tolerant, native landscaping shall be used in the immediate
vicinity of the facilities building and parking lot. Invasive broom shall
be removed from the northeast facing slopes toward the intermittent
creek. Cleared and re-graded slopes shall be replanted with native
grasses and shrubs to enhance slope stability and filtering of
stormwater runoff.
C. The project shall adhere to the alternative pest control strategies
outlined in MCSTOPPP publications, particularly the use of diazinon
for ants.
d. An appropriate mix of on-site bioretention facilities (e.g. rain gardens,
bioretention planters, bioswales, infiltration trenches), pervious
paving, and/or in-line stormwater filtration systems shall be
implemented and maintained designed to remove stormwater
contaminants from site impervious area runoff. If required by
NPDES regulations, such treatment facilities/measures shall be
designed to accomplish the levels of flow rate or flow volume
treatment Best Management Practices (BMPs) cited in MCSTOPPP's
NPDES Attachment 4 Requirements for stormwater, which are
outlined in various publications, including: Guidance for Applicants:
Stormwater Quality Manual for Development Projects in Marin County-
A Low Impact Development Approach.
Implementation Procedure:
BMP program and SWCP to be approved by Town Engineer prior to issuance of building
or grading permits. Implementation of BMP program and Stormwater Control Plan shall
be by the contractor, under review of the Town Engineer. The Town Engineer shall
conduct inspections of the site once broom has been removed and inspect the installed
landscaping prior to building final inspection. The Public Works Department shall utilize
pest control strategies in compliance with MCSTOPPP publications. If a Stormwater
MITIGATION MONITORING PROGRAM NED'S WAY JOINT RECREATION PROJECT FILE #S2010-04 2/2011 7
Pollution Prevention Program (SWPPP) is required by the State Water Resources Control
Board for this project, the Town Engineer shall prepare such a program and ensure its
implementation in accordance with Board standards and requirements.
Non-Compliance Sanction:
Failure to comply with the approved construction BMPs, SWCP and/or SWPPP will
result in the issuance of correction notices, citations, a project stop-work order, or other
available enforcement methods.
HYDRO-2. To reduce any project related impacts on site drainage patterns and
associated erosion and siltation, the following mitigation measures are
recommended:
a. Implement stormwater control and treatment mitigations
recommended under Hydrology and Water Quality section a).
b. Incorporate an appropriate mix of stormwater runoff control
measures to maintain pre-development site peak flow rates and runoff
volumes. Possible stormwater measures could include the use of
pervious pavement systems for the parking lot, bioretention facilities
for both the parking lot and maintenance building area, and
underground detention systems (vaults, buried pipes, etc).
c. Prepare and implement a project erosion control and revegetation
plan that would specify construction and post-construction BMPs to
minimize site erosion and sediment yields.
Implementation Procedure:
BMP program and SWCP to be approved by Town Engineer prior to issuance of building
or grading permits. Implementation of BMP program and Stormwater Control Plan shall
be by the contractor, under review of the Town Engineer. The Public Works Department
shall utilize pest control strategies in compliance with MCSTOPPP publications. If a
Stormwater Pollution Prevention Program (SWPPP) is required by the State Water
Resources Control Board for this project, the Town Engineer shall prepare such a
program and ensure its implementation in accordance with Board standards and
requirements.
Non-Compliance Sanction:
Failure to comply with the approved construction BMPs, SWCP and/or SWPPP will
result in the issuance of correction notices, citations, a project stop-work order, or other
available enforcement methods.
MITIGATION MONITORING PROGRAM NEUS WAY JOINT RECREATION PROJECT FILE #S2010-04 2/2011
Noise
Mitigation Measure:
NOISE-1. To reduce any project related noise impacts from mechanical equipment
required for the recreation facility, the following measures shall be instituted as part
of the project
a. The mechanical equipment proposed by the project (e.g., boilers, air
handlers) would be located within the building in spaces such as an
enclosed attic or mechanical room.
b. If any noise producing mechanical equipment needs to be placed
outdoors, it should be enclosed with solid walls or earthen barriers
such that these walls or barriers block the line of sight from the noise
source to the adjacent residences.
C. A qualified acoustical consultant should review the final selection,
placement and barrier placements for outdoor, noise producing,
mechanical equipment to insure that the noise levels produced by
mechanical equipment noise do not exceed General Plan or Noise
Ordinance standards at adjacent, noise sensitive, residential uses.
Imvlementation Procedure:
A detailed mechanical equipment plan, including specifications for all noise producing
mechanical equipment, shall be reviewed by Planning Division staff prior to issuance of
building or grading permits. The Town Engineer shall hire a qualified acoustical
consultant, who shall review specifications for all noise producing exterior mechanical
equipment for compliance with Town noise standards.
Non-Compliance Sanction:
No issuance of building permit if mitigation measure is not met. No final inspection or
occupancy if compliance not achieved.
MITIGATION MONITORING PROGRAM NED'S WAY JOINT RECREATION PROJECT FILE #S2010-04 2/2011 9
ORDINANCE NO. 522 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ESTABLISHING REVIEW AND DECISION-MAKING
PROCEDURES FOR THE BELVEDERE-TIBURON
JOINT RECREATION COMMITTEE PROJECT AT 600 NED'S WAY AND
EXEMPTING SAID PROJECT FROM THE TIBURON ZONING ORDINANCE (TITLE
IV, CHAPTER 16 OF THE MUNICIPAL CODE), THE TIBURON ENCROACHMENT
ORDINANCE (TITLE V, CHAPTER 19 OF THE MUNICIPAL CODE)AND FROM THE
ENCROACHMENT PERMIT POLICY ESTABLISHED UNDER TOWN COUNCIL
RESOLUTION NO. 16-2010 AND ANY SUCCESSORS THERETO
(ASSESSOR PARCEL NO. 58-151-27)
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. PURPOSE AND INTENT.
The Belvedere-Tiburon Joint Recreation Committee (BTJRC) is a joint powers agency
formed by the Town of Tiburon and the City of Belvedere that is primarily responsible for
providing recreation programming services for the two municipalities, one such program being
an after-school program for primary school-aged children, said program currently held on the
grounds of the Reed Elementary School.
The Reed Union School District recently provided formal notice to the BTJRC that as of
autumn 2010, the school's facilities will no longer be available for use by BTJRC to house the
after-school program. The BTJRC, Town of Tiburon, and City of Belvedere have engaged in an
extensive search for replacement facilities for the after-school program, preferably within
walking distance of the Reed Elementary School, from which comes most of the attendees in the
after-school program.
The Town of Tiburon owns a 2-acre parcel on Ned's Way, commonly known as 600 Ned's
Way and further identified as Marin County Assessor Parcel 058-151-27, which is within short
walking distance of Reed Elementary School has been identified as a possible location for the
installation of new facilities (the "Project") that could house, among other things, relocated
BTJRC after-school program facilities and BTJRC staff. While still in the early design stages and
subject to change, the Project could include modular buildings for BTJRC use, including but not
limited to the after-school program, BTJRC offices, and other programming. Associated
improvements could include an approximately 30-car parking lot with entry and circular turn-
around, outdoor play area, landscaping, fencing, and other ancillary items.
The purpose and intent of this Ordinance is to streamline the permit review process for
the BTJRC project on the 600 Ned's Way property by exempting it from certain Town
regulations and consolidating review and approval processes with the Tiburon Town Council.
Town of Tiburon Ordinance No. 522 N.S. Effective 08/20/2010 1
ENI-11BIT NO._____
SECTION 2. FINDINGS.
1. The Town Council finds that pursuant to the provisions of Tiburon's zoning
ordinance (Tiburon Municipal Code Title IV, Chapter 16), the Project would be
required to secure various land development permits, including but not limited to
conditional use permit approval by the Planning Commission, and site plan and
architectural approval by the Design Review Board (DRB), prior to the issuance of a
building permit. The Town Council also finds that pursuant to provisions of
Tiburon's encroachment ordinance (Tiburon Municipal Code Title V, Chapter 19),
the Project would require issuance of an encroachment permit and would be to subject
to provisions of Resolution 16-2010 establishing a policy for the issuance of
encroachment permits.
2. The Town Council finds it appropriate to adopt this Ordinance in order to establish a
streamlined development review process and decision-making procedure for the
Project for the following reasons: (1) the extraordinary public interest served by the
Project; (2) the project would meet applicable general plan goals and programs
regarding the BTJRC; (3) the need to preserve scarce public monies by minimizing
the expense required of public projects to comply with the Town's laws and
regulations while still meeting the intent thereof, and (4) the limited time-frame
available before the start of the 2010-2011 school year to establish alternate facilities
for the BTJRC after-school children's program.
3. The Town Council finds that the Ordinance is consistent with and would implement
General Plan goals and programs. These include but are not limited to the following:
PR-B: To anticipate population growth and to plan for and provide funds for the
acquisition of adequate lands or installation of adequate facilities to
address future parks and recreation needs of the community.
PR-a: The Town shall continue to work cooperatively with the
Belvedere/Tiburon Joint Recreation Committee.
PR-b: Recreation programming should be responsive to and serve the needs,
interests, and desires of the entire community.
4. The Town Council finds that similar streamlining processes have been adopted by the
Town for other major public projects, including but not limited to the Belvedere-
Tiburon Public Library building, Tiburon Town Hall building, and the Tiburon Police
Department building.
5. The Town Council further finds as follows:
(A) Notices of the public hearings on this matter were published in The Ark
Town of Tiburon Ordinance No. 522 N.S. Effective 08/20/2010 2
newspaper on May 26, 2010 and on June 16, 2010, and other noticing,
including mailed notice, were provided as required by law.
(B) The Plarming Commission held a duly noticed and advertised public
hearing on June 9, 2010, at which testimony was received from the public;
and recommended adoption of the ordinance to the Town Council.
(C) The Town Council held a duly noticed public hearing on July 7, 2010, at
which it heard and considered public testimony on this item.
(D) The Town Council finds that the proposed ordinance would be consistent
with the goals, policies, and programs of the Tiburon General Plan, as set
forth herein and in the Staff Report dated July 7, 2010.
(E) The Town Council finds that the proposed ordinance is consistent with the
objectives set forth in the Zoning Ordinance.
SECTION 3. EXEMPTION FROM ZONING ORDINANCE.
The Project shall be exempt from all provisions of the Tiburon Zoning Ordinance,
codified as Title IV, Chapter 16 of the Tiburon Municipal Code. For purposes of compliance
with state law, the Town Council shall act as the Town's planning agency with respect to the
Proj ect.
SECTION 4. EXEMPTION FROM ENCROACHMENT ORDINANCE AND
POLICIES.
The Project shall be exempt from all provisions of the Tiburon Encroachment Ordinance,
codified as Title V, Chapter 19 of the Tiburon Municipal Code, and from all encroachment
permit policies authorized by and adopted thereupon, including without limitation, Town Council
Resolution No. 16-2010.
SECTION 5. ENVIRONMENTAL DETERMINATION.
Adoption of this ordinance has no potential to result in a significant impact on the
environment pursuant to Section 15061(b)(3) of the CEQA Guidelines and is therefore exempt
from the requirements of the California Environmental Quality Act.
SECTION 6. REVIEW AND DECISION-MAKING PROCEDURES
ESTABLISHED.
Development applications for the Project shall be reviewed pursuant to the following
procedures:
(A) The Town Council shall hold one or more public meetings to review and,
if appropriate, approve or conditionally approve the site plan and architectural drawings
for the project. This review shall include, but not be limited to, the building additions,
landscaping, parking and other ancillary improvements. In conducting its review and
Town of Tiburon Ordinance No. 522 N.S. Effective 08/20/2010 3
evaluation of the Project, the Town Council shall utilize those standards and criteria that
the Planning Commission and Design Review Board would have normally applied absent
the adoption of this streamlined processing procedure.
(B) At any time during the process, the Town Council may, as deemed
appropriate, refer the Project to the Planning Commission, Design Review Board, or any
other Council-appointed Committee for that body's expeditious review and comment.
Any such referral shall be at the Town Council's sole discretion and such referral shall
not confer the role of "advisory" body upon the Board, Commission or Committee to
which the Project is referred for review and comment, and comments shall not be binding
on the Town Council.
(C) The Project shall be subject to review and compliance with the California
Environmental Quality Act (CEQA). The Town Council shall be the sole review
authority for the Project and there shall be no "advisory" body to the Town Council for
CEQA purposes.
(D) Prior to any work on the site, the project sponsor must apply for and the
Town Building Official must review and issue any building permits required by law for
the Project.
SECTION 7. SEVERABILITY.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of the Ordinance. The Town
Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases may be declared invalid or
unconstitutional.
SECTION 8. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after the date of passage
and before the expiration of fifteen (15) days after its passage a copy of the ordinance shall be
published, with the names of the members voting for and against it, at least once in a newspaper
of general circulation in the Town of Tiburon.
Town of Tiburon Ordinance No. 522 N. S. Effective 08/20/2010 4
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on July 7, 2010 and was adopted at a regular meeting of the Town Council of the Town
of Tiburon on July 21, 2010, by the following vote:
AYES:
NOES:
ABSENT
COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell, Slavitz
COUNCILMEMBERS: None
COUNCILMEMBERS: None
r-\
RICHARD COLLINS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
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Town of Tiburon Ordinance No. 522 N.S. Effective 08/20/2010 5
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DRAWN BY• MB.AIA
PROJECT No • 1001
DATE: 1.10.2011 , JLE: FtQnR PI 'AN
To:
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Subject:
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PROJECT DATA
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Community Development Department
Town Council Meeting
February 16, 2011
Agenda Item:
~-3
1599 Tiburon Boulevard; Appeals of Conditional Use Permit Approval
to Operate a Drug Store and Pharmacy; Zelinsky Properties, LLC,
Owner; CVS/pharmacy & Armstrong Development Properties, Inc.,
Applicants/Appellants; Cres Van Keulen, Neal Toft, Terry Hennessy and
Patricia Goss, Appellants; File #11005; Assessor's Parcel Nos. 058-171-89
and a porti of 058-171-88
Address:
1599 Tiburon Boulevard
Assessor's Parcel Numbers:
058-171-89 and a portion of 058-171-88
File Number:
11005
Lot Size:
1.63 acres
General Plan:
Neighborhood Commercial/Affordable Housing Overlay
Zoning:
NC/AHO (Neighborhood Commercial/Affordable Housing
Overlay)
Current Use:
Vacant commercial building
Property Owner:
Zelinsky Properties, LLC
Applicants/Appellants:
CVS/pharmacy & Armstrong Development Properties, Inc.
Appellants:
Cres Van Keulen, Neal Toft, Terry Hennessy & Patricia Goss
Flood Zone:
X (Building; outside 500-year flood event); AE (parking lot;
subject to 100-year flood)
BACKGROUND
On January 12, 2011, the Planning Commission adopted Resolution No. 2011-02 approving a
conditional use permit application to operate a drug store and pharmacy (CVS/pharmacy) in a
building previously occupied by a grocery store (most recently IGA/Delano's Market) on
property located at 1599 Tiburon Boulevard. The applicants, CVS/pharmacy & Armstrong
Development Properties, Inc., (hereinafter referred to as "applicants'") and the neighboring
residents at 7, 8, 15 & 27 Marsh Road (hereinafter referred to as "appellants") have filed separate
timely appeals of the Commission's decision to the Town Council.
TOWN OF TIBURON PAGE 1 OF 15
HISTORY
The origins of the commercial building on this property predate the incorporation of the Town of
Tiburon. In 1963, the Marin County Board of Supervisors approved a conditional use permit and
a building permit for a supermarket on the site. Since that time, the building has been occupied
by various different grocery store/markets, including Safeway, Bon Appetit (a division of
Safeway), Bell Market and, most recently, Delano/IGA Market.
The Delano/IGA Market closed in 2009. Since then, the building has been vacant and the
parking spaces on the site have been used as part of a public pay parking lot under the same
ownership as the parking lot on the adjacent property to the northwest.
PROJECT DESCRIPTION (AS SUBMITTED BY THE APPLICANT)
The proposed drug store and pharmacy would occupy 18,182 square feet of the approximately
20,000 square foot existing building. The store would sell a full range of convenience consumer
products, including limited food items, as well as alcoholic beverages (off-sale only). The
proposed store hours would be from 7:00 a.m. to 10:00 p.m., seven days a week, although the
applicants requested the flexibility to operate around-the-clock and not be limited to specific
hours of operation. The applicants intend to sublease a 1,800 square foot space in the southwest
corner of the building to an unspecified future retail tenant.
The primary drug store use would include an ancillary two-lane drive-through pharmacy window
facility located at the eastern side of the building. A small addition to the building would connect
the interior of the pharmacy to an exterior window facing the drive-through lanes. A porte
cochere would be constructed above the drive-through lanes to shield users from the elements.
The drive-through pharmacy window would operate during the regular store hours. No other
substantial physical changes are proposed for the exterior of the building at this time, although
the future retail tenant space would require exterior alterations to that portion of the building.
The business would have the use of 72 parking spaces on the site through a lease with the
property owners, said lease covering the entire lot on which the building is located and a small
portion of the adjacent parcel to the west. The remainder of the parking lot on the adjacent parcel
is not part of the applicant's lease. The applicants propose to create eight additional parallel on-
street public parking spaces in the Tiburon Boulevard right-of-way in front of the adjacent parcel
to the west. The existing landscaping on the site and in the Tiburon Boulevard and Beach Road
landscape frontages would be replaced with new trees, shrubs and groundcovers. Public
sidewalks along Tiburon Boulevard and Beach Road would be widened.
REVIEW BY THE PLANNING COMMISSION
This application was reviewed at the January 12, 2011 Planning Commission meeting (see
minutes and staff report packet attached as Exhibits 1 and 2).
The staff report had recommended, among other things, that hours of operation for both the drug
store and pharmacy be limited to 7 a.m. to 10 p.m. seven days a week; that truck deliveries be
limited to 7 a.m. to 10 p.m. on week days and from 8 a.m. to 10 p.m. on week-ends and holidays;
TOWN OF TIBURON RAGE 2 OF 15
PJ,
and that a tall block wall be constructed along the rear property line to separate the commercial
use from the residential area.
At that meeting, several neighboring residents expressed concerns about potential noise, traffic,
light and glare from certain aspects of the proposed use. The neighbors primary objection was
that the drive-through pharmacy component of the project was unnecessary and inappropriate and
would result in unwanted impacts on their dwelling units, including 1) noise from the speaker
system and from pharmacist/driver conversations and idling engines; 2) unwanted glare from
headlights and the exterior lighting of the drive-through window area and the building; 3)
unwanted exhaust from cars at the drive-through; and 4) an increase in the number of vehicles
turning onto Beach Road when exiting the drive-through window, which the speakers described
as a hazardous location. Other neighbor objections included 1) an undesirable increase in
building mass from the additions; 2) noisy compressor units used for heating, cooling and
refrigeration; 3) the sale of alcohol from the store; and 4) noise from truck deliveries.
At that meeting, the applicant stated that although this facility was slated for standard operating
hours, he requested the flexibility to remain open 24 hours a day and requested that the Planning
Commission not establish limitations on the hours of operation for the store. The applicant also
explained that the drive-through pharmacy window element was an important aspect of the
CVS/pharmacy business model.
The Planning Commission expressed support for the drug store and pharmacy use overall, but
several Commissioners expressed concerns about the potential impact-generating characteristics
of the drive-through pharmacy element of the project and the proposed hours of operation and of
deliveries. The Commission voted to limit the drive-through operation to the hours between 8:00
a.m. and 8:00 p.m., seven days a week; eliminated the outer drive-through lane; and limit truck
deliveries to the hours of 8:00 a.m. to 6:00 p.m., seven days a week. The Commission supported
Staff, s recommendation to limit the overall store operating hours to between 7:00 a.m. and 10:00
p.m., seven days a week.
The Commission voted 4-1 to adopt Resolution No. 2011-02 (Exhibit 3) conditionally approving
the project. On January 24, 2011, the applicants and appellants filed separate timely appeals of
this decision (Exhibits 4 and 5).
BASIS FOR THE APPLICANT'S APPEAL
There are three (3) grounds upon which the applicant's appeal is based:
Ground #1: The applicant asserts that the operating hours for the drive-through
pharmacy should be the same as the store hours (7 a.m. to 10 p.m.), as later
hours would not create noise or light impacts on neighboring residents and
would be more convenient for store customers. The applicant requests that
the second sentence of Condition #2 of the Planning Commission resolution
be deleted.
Staff Response: As noted above, the applicants initially requested the ability to remain open 24
hours a day. The Planning Commission supported Staff s recommendations to limit the overall
TOWN OF TIBURON PAGE 3 OF 15
E
store hours of operation to 7:00 a.m. to 10:00 p.m., seven days a week. The Commission further
limited the hours of operation for the drive-through pharmacy to the hours of 8:00 a.m. and 8:00
p.m., seven days a week. The Commission determined that limiting the drive-through hours to no
later than 8:00 p.m. would alleviate some of the neighbors' concerns about noise and light
impacts during nighttime hours. In addition, the Planning Commission required that the
applicants replace or augment the dilapidated fencing along the rear property line with a solid
(block-type) wall to provide a better noise buffer for the adjacent Point Tiburon Marsh residents.
This wall could also help shield these residents from some potential headlights, but would
primarily help with noise reduction from, and reduced visibility of, the loading area.
The applicants have submitted photographs indicating that the existing fencing and landscaping
bordering the subject property and the Point Tiburon Marsh property would effectively block any
headlights from being seen in these neighboring residences.
Planning Division staff conducted its own headlight test at 8 p.m. one evening from the proposed
drive-through location. The car headlights (at both high-beam and low-beam settings) could be
seen from both drive-through lanes by a person standing outside the second floor windows of the
four Point Tiburon Marsh condominium units nearest Beach Road. The headlights, sometimes
one and sometimes both, were distant and not intensely bright, were filtered by intervening
vegetation, and were among numerous light sources (including on-site parking lot lights) visible
from the Point Tiburon Marsh units. A resident looking out their second floor window could see
light from the headlights; however, staff concluded that the limited intensity of the headlights
reaching the units would be unlikely to be noticeable from inside the units by a person of ordinary
sensibility, and would not be likely to create a noticeable "brightening" of the room or "dancing
light effect" on walls or windows, even with window shades open. Staff notes that all the second
floor rooms in use at the time of the headlight test had their shades drawn, most likely for
privacy.
The applicants also contend that the 200 foot distance between the drive-through pharmacy and
the nearby homes, combined with the intervening vegetation and future wall, would limit any
potential noise heard by neighboring residents. The applicants have previously indicated that the
speakers used for drive-through service are equipped with volume controls and could be lowered
if noise is an issue.
The Planning Commission recognized that noise from the drive-through pharmacy could be
noticeable for nearby residents during quieter late nighttime hours. The Commission also
expressed its doubts that there would be sufficient demand for late night use of the drive-through
pharmacy. The Commission believed that the additional restrictions it imposed on drive-through
hours were a reasonable limitation that would address legitimate potential noise concerns without
substantially hampering the operation of the drug store and pharmacy. The Commission noted
that the applicants could request an amendment to the hours of operation at a later date if demand
for such hours was apparent after the store has been in operation for some time.
In filing its appeal, the applicant indicated that a revised site plan drawing would be submitted
showing an additional wall proposed to extend outward from the rear building wall in front of the
inner drive-through lane to further block light and noise from the drive-through operation from
reaching dwelling units. That drawing was submitted on February 4, 2011 and is attached as
TOWN OF TIBURON PAGE 4 OF 15
(Exhibit 6). Staff concludes that this second wall would effectively prevent headlights from
reaching the Point Tiburon Marsh units from the inner drive-through lane, but would be less
effective from an outer drive-through lane. The applicants appeal letter also indicated they would
submit a noise analysis and a light analysis as further evidence that the drive-through would not
have materially adverse impacts on nearby residents. These items have not been received by the
Town as of the writing of this staff report and if received are considered "late mail" items.
Ground #2: The applicant asserts that two lanes for the drive-through pharmacy would
more efficiently serve store customers, reduce vehicle congestion and idling
times and provide better on-site pedestrian circulation. The applicant
requests that Condition #4 of the Planning Commission resolution be
eliminated.
Staff Response: The applicants contend that the requested two-lane drive-through pharmacy
would reduce vehicle congestion by avoiding any stacking of cars into the adjacent parking lot,
which would also prevent any impacts on pedestrians walking up to the store entrance. This
additional stacking capacity would also limit vehicle idling times at the drive-through.
At the Planning Commission hearing, the applicants estimated that the usage of the drive-through
pharmacy would only be 5 to 7 cars per hour during the peak use hours of 5:00 to 6:00 p.m. or
6:00 to 7:00 p.m. This relatively low demand would decrease the likelihood that a long queue of
vehicles would stack up at any one time and create the stacking problems described by the
applicants.
Ground #3: The applicant states that there is no reason to establish limits on truck.
delivery hours that are different than those for other businesses in Downtown
Tiburon. The applicant requests that Condition #3 of the Planning
Commission resolution be revised to limit delivery hours consistent with
Section 23-19A of the Municipal Code (in which deliveries are prohibited
between 10 p.m. and 8 a.m. on weekends and holidays, and prohibited
between 10 p.m. and 7 a.m. on all other days.
Staff Response: Section 23-19A (a) of the Tiburon Municipal Code prohibits commercial trucks
in portions of Downtown Tiburon (including Tiburon Boulevard east of Beach Road, but does not
apply to the subject site or other properties west of Beach Road) outside the hours of 7:00 a.m. to
10:00 p.m. on weekdays and 8:00 a.m. to 10:00 p.m. on weekends and holidays. Staff
recommended that the Planning Commission require that truck deliveries for the drug store and
pharmacy comply with these regulations.
At the Planning Commission hearing, the applicant indicated that the typical CVS receives 3
large truck deliveries per week and approximately 8 to 10 smaller box truck deliveries per week.
The applicant also noted that CVS has some control over the schedule of its larger trucks and said
that those deliveries typically occur in the morning hours.
The Planning Commission voted to limit truck deliveries to the hours of 8:00 a.m. to 6:00 p.m.,
seven days a week. Nighttime and early morning truck deliveries to the previous supermarket
uses on this site have generated noise complaints from Point Tiburon Marsh residents. The more
TOWN OF TiBURON RAGE 5 OF 15
limited hours established by the Commission would help alleviate any potential reoccurrences of
these early morning and late night noise impacts on neighboring residents.
BASIS FOR THE APPELLANTS' APPEAL
There are three (3) grounds upon which the appeal is based:
Ground #1: The appellants claim that the hearing process for the conditional use permit
was fatally flawed, as residents did not receive the mailed hearing notices 10
days prior to the meeting.
Staff Response: The constitutional right of due process requires that, before holding a public
hearing affecting property rights, the Town must provide notice that is reasonably calculated to
inform affected parties of the action pending and their right to present their objections. More
specifically, the California Government Code requires the Town to mail or deliver notices of
conditional use permit public hearings to all property owners within 300 feet of a subject property
at least ten (10) days before the hearing date. Town Staff prepared a mailing list for the subject
application that included all such property owners, as well as residents of all Point Tiburon Marsh
units that are not owner-occupied according to the latest County assessment rolls. On December
20, 2010, Staff hand-carried the required notices to the Belvedere-Tiburon Post Office. Staff has
followed this procedure many times and such notices are generally received within two business
days. In January, Staff began receiving complaints from Point Tiburon Marsh residents that they
had not received the notice in the mail. On January 24, 2011, the post office delivered the mailed
notices to residents and property owners. In Staff's experience, this delay is unprecedented.
The Government Code explicitly gives the Town the option to mail public hearing notices. No
law guarantees actual receipt of the notices prior to the hearing. The Town submitted the notices
to the post office with several weeks to spare and had every reason to expect that they would be
delivered well before the required ten-day period. The Town cannot be responsible for
subsequent delivery problems. Postal delivery problems of this unfortunate nature are very rare
in Tiburon and may have been related to a volume surge immediately prior to the holidays.
Meeting notices for unrelated items were also delivered to the Post Office that day and suffered
the same delivery delay. Town Staff spoke with the local postmaster, who was unable to provide
any explanation for the delay in delivery.
Staff and neighboring residents informed the Planning Commission of the apparent mail delivery
problem at the January 12, 2011 meeting. The Commission determined that the residents had
received constructive notice of the meeting through various sources and that the viewpoints of the
neighbors were well represented at the hearing; seven (7) residents spoke and another three (3)
residents had submitted letters to the Commission. Almost all of the neighbors who spoke
expressed concerns about the proposed drive-through pharmacy and potential noise, light and
traffic impacts - the same substantive issues raised in the appeal. The Commission believed that
any additional comments that might be received after a continuance would raise similar
objections. Moreover, the current appeal itself provides a cure for any substantive omission. The
Town's appeal process allows the Council to consider the submit application de novo, i.e., as if
for the first time. The Council accordingly has the discretion to consider any objections that were
not previously raised at the Commission hearing because of the postal delivery delay.
Town OF TIBURON RAGE 6 OF 15
Ground #2: The appellants assert that the project plans and application details are vague
and incomplete.
Staff Response: The neighbors' appeal stated that the project application should have included the
following information prior to a decision by the Planning Commission:
• More detailed drawings and specifications for the drive-through pharmacy, a more
detailed site plan and location of disabled access.
Response: The Government Code requires that the Town determine whether a
development application is complete within 30 days of receipt. This requirement
is part of the Permit Streamlining Act, which the Legislature adopted in 1977 to
expedite decisions on development applications. Consistent with this intention,
Section 65943 only provides for appeal by the applicant and only if the Town has
detennined that the application is incomplete. Further, the site plan clearly
showed the precise location of the small building addition that would house the
drive-through and its window. Other details mentioned are not typically required
as part of a conditional use permit application, but are more typical of a
subsequent Site Plan and Architectural Review application. Disabled access
requirements are the purview of the Building Official and are addressed in detail at
the building permit application stage of review. As part of the use permit
application review, the Building Official visited the site and on a preliminary basis
concluded that achieving conformance with disabled access requirements was
feasible. The Planning Commission did not indicate that the application was
vague or otherwise lacked the detail necessary to approve the conditional use
permit.
• Documentation of market demand for a drive-through pharmacy.
Response: At the Planning Commission meeting, the applicants explained their
rationale for requesting a drive-through pharmacy and indicated that it was an
important part of the CVS business model. The Commission adequately
understood the information and noted demographic statistics that indicated a
projected increase in the elderly population in Tiburon that would have the benefit
of the drive-through. The Commission did not find it necessary to require
additional information on the demand for this use.
• Information on operational procedures for the drive-through pharmacy, including
pharmacist consultations and potential window usage per hour and window wait
times.
Response: The Planning Commission concluded that this level of detail was not
necessary to understand the proposed drive-through pharmacy operations and
make an informed decision on the application.
TOWN OF TIBURON PAGE 7 OF 15
s
• Analysis of vehicle movements and traffic and pedestrian safety.
Response: Planning Commission members acknowledged the comments
regarding potential safety concerns and had visited the site and understood the
vehicular movements associated with the pharmacy drive-through. As the peak
hour usage of the drive-through pharmacy was estimated by the applicant at only 5
to 7 cars during the peak hour, additional traffic analysis was not deemed
necessary for this application. The Planning Commission used its knowledge and
familiarity with the Town and its populace in concluding that use of the drive-
through could be accommodated by a single lane.
The Beach Road/Marsh Road intersection, which occurs on a roughly 90 degree
curve in Beach Road, has been the subject of discussions over perceived safety in
the past. Vehicles turning left onto Marsh Road from Beach Road have limited
visibility to the right (east) arising from trees, shrubs, and sometimes from parked
cars in the parking lot located north of the Bank of America building. These
obstacles are not located on the CVS site or along its frontage, but are off-site.
Pedestrians using the crosswalk at the Beach Road/Marsh Road intersection have
also complained about vehicles moving too quickly along Beach Road headed
toward Tiburon Boulevard such that they feel unsafe in the crosswalk. The Town
Engineer and Planning staff visited the site during initial review of the application
and concluded that the location of the driveway exit from the proposed drive-
through was sufficiently removed from the Beach Road/Marsh Road intersection
so as to not materially worsen the safety of that intersection. The vast majority of
vehicles leaving the drive-through will make a simple right turn onto Beach Road,
in the same direction as vehicles headed to Tiburon Boulevard. This would be a
safe turning movement. There is also adequate sight distance for a safe left-hand
turning movement onto Beach Road after leaving the drive-through pharmacy,
although this would be a rare turning movement. Given the low vehicular volume
anticipated for the drive-through window, Town staff did not envision any
material safety issue as a result of the proposed drive-through exit location.
That said, there is the potential for improved visibility at the Beach Road/Marsh
Road intersection from shrub removal in the private parking lot north of the Bank
of America and from tree trimming and/or removal of redwood trees and an oak
tree in the Beach Road right-of-way controlled by the Town. In addition, the
placement of a bright yellow "pedestrian in crosswalk" sign immediately east of
the 90 degree curve in Beach Road, alerting traffic bound for Tiburon Boulevard
to the upcoming crosswalk near Marsh Road, would be efficacious. The Town
Engineer has reviewed the crosswalk situation and devised a signage scheme
consistent with applicable standards and regulations. Enhanced curb cuts and
other disability-related improvements would likely be needed along with the
crosswalk upgrades. The applicant has expressed a willingness to assist the Town
in making or funding these off-site vegetation removal and signage improvements.
TOWN OF TIBURON PAGE 8 OF 15
A requirement to maintain all mechanical equipment in good working order.
Response: The general practice of the Planning Commission for conditional use
pen-nit applications does not include such a requirement. However, such a
condition could be added to any approval of the use. The mechanical HVAC
equipment will be required to comply with the Community Development
Department's noise policy as part of the Site Plan & Architectural Review
application, but that would be a one-time-only determination of compliance.
Ground #3: The appellants assert that the drive-through window element of the project
would be inconsistent with the Tiburon General Plan, Circulation Element,
and findings for a conditional use permit approval set forth in the Municipal
Code.
General Plan Goals and Policies
Staff Response: General Plan goals and policies are generally applied to projects in their entirety
without segmenting projects into their various component parts and applying individual goals and
policies to those parts. The court-mandated rule in determining consistency with a general plan is
whether "a project, on balance, furthers the goals and objectives of the General Plan". That said,
Staff offers the following responses to the points raised in the appeal regarding inconsistency of
the drive-through window with general plan goals and policies:
Goal DT-C: To encourage greater pedestrian activity and enjoyment of life in
Downtown while respecting surrounding residential uses.
Response: Staff believes that this broad goal was intended to promote and
enhance the overall vibrancy and attractiveness of Downtown Tiburon for the
benefit of citizens and visitors, without creating such a raucous Downtown
environment that nearby residents would suffer undesirable effects. The
applicability of this broad general goal to the drive-through window element of
the CVS project is tangential, at best. The approval of an ancillary drive-
through prescription window as part of a large pharmacy use would not be
incompatible with the overall goal of encouraging greater pedestrian activity in
Downtown Tiburon. The Town has not applied this goal in a manner that
would discourage approval of uses that are generally automobile-oriented in a
suburban community, such as grocery stores, pharmacies, and retail sales uses.
Policv DT-5: The Qualitv of residential neighborhoods within and adiacent to
Downtown shall be preserved with regard to unreasonable noise, traffic, visual
and other impacts, with the understanding that such impacts are generated to a
greater extent in Downtown commercial areas than in exclusivelv residential
areas.
Response: The Planning Commission examined the noise, traffic, visual and
other potential impacts of the proposed use, modified the application to
address neighborhood concerns, and concluded that the project (as modified)
TOWN OF TIBURON PAGE 9 OF 15
i .....E ,
would not result in unreasonable impacts of neighbors. This policy tacitly
acknowledges that it is not unreasonable for residential areas in close
proximity to Downtown to experience more noise, traffic and visual impacts
than neighborhoods further removed from the Town's primary commercial
area.
• Policy DT-10: Drive-through restaurants shall not be permitted and restaurants
that primarily offer fast food and/or take-out service shall be discouraged in
Downtown Tiburon. This policy does not prohibit beverage or specialty food
providers, including, but not limited to, coffee and tea-houses, juice bars, and
ice cream/frozen yogurt shops.
Response: This policy is plainly directed at drive-through restaurants and does
not pertain to other drive-through commercial facilities. Its intent was to keep
traditional fast-food restaurants out of Downtown Tiburon.
• Implementing Program DT-e: Facilitate the long-term future improvement of
the four corner properties at the intersection of Tiburon Boulevard and Beach
Road and adjacent sites.
Response: The proposed pharmacy use constitutes a change in use and a re-
use of the site as opposed to a comprehensive redevelopment of the property,
as would perhaps be the ideal end result envisioned by this long-term policy.
Nevertheless, the project proposes a number of substantial improvements to
the existing site, including building and parking lot upgrades, sidewalk
replacement and widening, and a complete re-landscaping. These
improvements constitute a substantial investment in the property by the owner
and prospective tenant, and are consistent with this policy as written.
• Policy C-1: Land use decisions shall take into consideration potential traffic
and circulation impacts.
Response: The Planning Commission considered potential traffic and
circulation impacts of the project in making its decision on the subject
application, and concluded that such impacts would not be unreasonable given
the nature of previous supermarket uses on the site since the 1960's.
Conditional Use Permit Special Considerations
Staff Response: Staff's responses to the appellant's assertions regarding conformance with
the general purposes of conditional use permit review are as follows:
• Section 16-52.040 (B): The purposes of review of a conditional use permit
application are to:
Determine whether the location proposed for the conditional use is
TOWN OF TIBURON PAGE 10 OF 15
properly related to the development of the neighborhood or vicinity as a
whole;
Response: The Planning Commission considered the relationship of the
proposed use and its ancillary drive-through pharmacy window to the
neighboring Point Tiburon Marsh residential project and other surrounding
uses, and concluded that as modified by the conditions of approval, the use
would be properly related to and compatible with surrounding uses.
2. Determine whether the location proposed for the particular conditional use
would be reasonably compatible with the types of uses normally permitted
in the surrounding area;
Response: The location proposed for the drug store and phannacy is a
commercial property that has previously been used as a grocery store. A
drive-through facility is located at Bank America directly across Beach
Road from the site. The Planning Commission concluded that as modified
by the conditions of approval, the use would be reasonably compatible
with the types of uses normally permitted in the surrounding area,
including residential dwellings. See the response regarding Policy DT-5
above.
4. Stipulate such conditions and requirements as would reasonably assure that
the basic purposes of this Zoning Ordinance and the objectives of the
General Plan would be served.
Response: The Planning Commission adopted conditions of approval in
Resolution No. 2011-02 that were responsive to neighbor concerns
regarding the potential noise, traffic and light impacts of the project. These
conditions/project modifications include:
1. Requirement to construct an 8 foot high block wall to reduce the
potential for sound and head light intrusion from the drive-through
element of the project.
2. Restricted hours of operation for the pharmacy, more stringent
hours of operation for the drive-through, and more stringent limits
of delivery hours than are found elsewhere in Downtown Tiburon.
3. Elimination of the second (outer) drive-through lane.
The Commission concluded that these substantial project changes
would reasonably assure the basic purposes of the General Plan and
Zoning Ordinance.
• Section 16-50-040 (D): Factors to be considered in determining whether or not
any conditional use should be permitted in a specific location are:
1. The relationship of the location proposed to:
TOWN OF TIBURON PAGE 11 OF 15
a. The service or market area of the use or facility proposed;
Response: The Planning Commission received and evaluated
information regarding the potential demand for the proposed
drive-through pharmacy. A drug store/pharmacy has long been
identified as a highly desired use in Downtown Tiburon and one
that has been lacking since the 1990's.
b. Transportation, utilities, and other facilities required to serve it;
Response: The site has frontage and entry/exits from both Tiburon
Boulevard and Beach Road, and is supported by adequate
transportation, utilities, and other facilities required to serve it.
C. Other uses of land in the vicinity.
Response: The Planning Commission clearly considered the
relationship of the proposed use to the neighboring Point
Tiburon Marsh residential project and to other commercial
properties in Downtown Tiburon, as noted above, and
concluded that the location was appropriate.
2. The compatibility of the design, location, size, and operating
characteristics with the existing and future land uses in the vicinity.
Response: The Planning Commission carefully considered the details
and operating characteristics of the proposed use in its evaluation of the
subject application and adopted conditions of approval in Resolution
No. 2011-02 that were responsive to concerns raised about the potential
noise, traffic and light impacts of the project. The Commission
concluded that these substantial project changes would reasonably
assure the basic purposes of the General Plan and Zoning Ordinance.
3. The probability of impairment to the architectural integrity and
character of the zoning district in which it is to be located.
Response: The architectural characteristics of the proposed addition
and drive-through facility would be reviewed to ensure architectural
integrity with the existing building through the Site Plan and
Architectural Review process, which review is required by Condition
No. 7 of the Planning Commission resolution. It is difficult for staff to
envision how this porte cochere addition could, in itself, impair the
character of the Neighborhood Commercial zoning district.
4. The protection of the public interest, health, safety, convenience, or
welfare of the Town, or any probability of injury to property or
TOWN OF TIBURON PAGE 12 OF 15
improvements in the vicinity and zoning district in which the real propert
y
iq lncate(j
Response: The Planning Commission considered the probable impacts of
the proposed project on neighboring residents and the potential noise,
traffic and light impacts of the project before making its decision on the
application. The Commission concluded that the project and its drive-
through component were favorable to the public interest, health, safety and
convenience of the Town, and would not have unreasonable or materially
injurious impacts on property or improvements in the vicinity.
CONCLUSION
In reaching its decision on this project, the Planning Commission found the application to be
consistent with the goals and policies of the Tiburon General Plan and the requirements of the
Tiburon Zoning Ordinance for conditional use permits. The Commission considered the potential
noise, traffic and light impacts of the drug store and the drive-through pharmacy component of
the project and imposed appropriate conditions of approval on the application to address these
concerns and limit them to reasonable levels. The Commission determined that the proposed use
would be an asset to the community and an overall improvement for neighboring residents over
the previous grocery stores at this location.
In addition, subsequent to the Commission's action, the applicant has indicated its willingness to
work with the Town on the following additional measures to address neighbor concerns:
• Construction of an additional wall in front of the inner lane of the drive-through (as shown
on the revised site plan drawing)
• Customize the drive-through window to allow voice communication between a driver and
the pharmacy staff without the amplified speaker for inside lane (may not be applicable to
certain transactions)
• Orient the speakers at least 135 degrees away from the Point Tiburon Marsh
condominium units (essentially angled to face the Bank of America building), with
shrouding, coning, or shielding of the speaker to focus sound toward the driver
• Post a sign at the drive-through indicating that the outside lane is to be used only in the
event the inside lane is occupied
• Removal of sight-distance obstacles east of the Beach Road/Marsh Road intersection
(shrubs, trees, and sign posts)
• Installation of pedestrian crosswalk signs and associated improvements (such as curb cuts)
in association with the Beach Road/Marsh Road crosswalk
• Limit drive-through window transactions to pharmacy-related items only
• Ongoing compliance with noise limits on HVAC-type mechanical equipment
These items could be incorporated into conditions of approval and refined at the Site Plan &
Architectural stage of review.
TOWN OF TIBURON PAGE 13 OF 15
STAFF OBSERVATIONS
Regarding the appellant's appeal, Staff offers the following observations:
Neighbor concerns about noise and light impacts and sight distance limitations for certain turning
movements at the Beach Road/Marsh Road intersection are legitimate concerns and ones that can
be adequately addressed through the project approval and ongoing review process. Specifically:
• Concerns about headlight visibility from the upper floor of certain Marsh dwelling units
from the drive-through lanes are substantiated by field tests conducted by staff, although
the low intensity of such light reaching the units makes the unreasonable intrusion of light
into units unlikely. Staff believes the additional wall proposed in front of the inner drive-
through lane would effectively eliminate headlight visibility issues from this lane.
• Concerns about mechanical equipment, the drive-through speakers and engine idle noise
can be adequately addressed through measures identified in this report.
• Sight distance/traffic hazard claims are not materially affected by this project. Existing
conditions at the Beach Road/Marsh Road intersection can be improved by measures
identified in this report.
• Claims of drive-through pharmacy inconsistency with General Plan goals and policies and
Municipal Code provisions are not supported.
Regarding the applicant's appeal, Staff offers the following observations:
• Hours for deliveries should be the same as for other uses in Downtown regulated by
Municipal Code Chapter 23-19A, for purposes of consistency, fairness, and ease of
enforcement.
• It is difficult to envision sufficient demand to warrant dual drive-through lanes for this use
in Downtown Tiburon. Staff believes a second drive-through lane would rarely be used
and would not therefore be a major factor in the compatibility of the use with nearby uses.
• Based on the conclusion that noise, light and intersection safety issues can be adequately
addressed as set forth in this report, drive-through hours of operation could be the same as
for the drug store use without unreasonably increasing impacts on other properties.
• Staff recommends review of the CUP approximately ninety days following
commencement of the use, and again at one year following commencement.
RECOMMENDATION
It is recommended that the Town Council:
1) Hold a public hearing and take testimony on the appeals in accordance with the Town's
adopted procedure (see attached Exhibit 7), and close the public hearing.
2) Deliberate using a "hearing de novo" approach and, if prepared to do so, indicate its
intentions regarding the appeals.
3) Direct Staff to return with an appropriate resolution for consideration at the next meeting.
TOWN OF, TIBURON PAGE 14 OF 15
EXHIBITS
1. Minutes of Planning Commission meeting of January 12, 2011
2. Planning Commission staff report & packet (including late snail) from 1/12/2011 meeting
3. Planning Commission Resolution No. 2011-02
4. Notice of appeal from applicants
5. Notice of appeal from neighboring residents
6. Revised site plan drawing received February 4, 2011
7. Appeal procedures
8. Photographs of drive-through area submitted by property owner representative received
January 25, 2011
9. Approved CUP drawings
Prepared By: Scott Anderson, Director of Community Development
Daniel M. Watrous, Planning Manager
S:IAdininistrationlTown CoundhStaff Reports 120]lTeb l6drafts11599 Tiburon Boulevard appeal report.doc
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TOWN OF TIBURON PAGE 15 OF 15
Town's green building regulations. The Town Council is already in process of adopting the new
CALGreen code, which will effectively replace the old zoning based program for the time being.
Mr. Anderson discussed several modifications under consideration by the Council that would
preserve certain elements of the Town's current green building program, as follows:
1. Additions to residences in excess of 500 square feet and commercial structures in excess
of 3,000 square feet would be subject to CALGreen standards; and
2. Language retaining enhanced energy efficiency requirements for larger homes.
There was no public comment.
Commissioner Doyle expressed support for the staff recommendation.
Vice-Chair Corcoran concurred. He said he is hopeful staff can reevaluate these standards in
several months for any amendments that would encourage green building within the Town.
Commissioner Kunzweiler echoed the previous comments. Having been involved in
development of the green building regulations, he appreciated the Council's support in meeting
and exceeding the CALGreen guidelines.
Commissioner Tollini agreed with the importance of green building standards. Having said that,
she questioned whether the condition applying to remodels in excess of 500 square feet might
not be onerous.
Chair Frymier echoed Commissioner Kunzweiler's comments. She said she found the LEED
methodology somewhat cumbersome and was pleased to see something so positive coming from
the State.
ACTION: It was M/S (Corcoran/Kunzweiler) to adopt the Resolution recommending repeal of
the Town's zoning ordinance-based green building regulations to the Town Council. Motion
carried: 5-0.
2. 1599 TIBURON BOULEVARD: CONDITIONAL USE PERMIT TO OPERATE A
DRUG STORE AND PHARMACY; FILE #11005; Zelinsky Properties, LLC, Owner;
CVS/pharmacy & Armstrong Development Properties, Inc., Applicants; Assessor's
Parcel No. 058-171-89 and a portion of 058-171-88
The Planning Manager presented the staff report. The applicants have requested permission to
operate a drug store and pharmacy in a building previously occupied by a grocery store on
property located at 1599 Tiburon Boulevard. The applicants would occupy approximately 18,000
square feet of the existing building and sell a full range of convenience consumer products,
including food items and alcoholic beverages. The proposed store hours would be from 7:00 a.m.
to 10:00 p.m., seven days a week. The applicants intend to sublease a 1,800 square foot space in
the southwest corner of the building to an unspecified future retail sales tenant.
TIBURON PLANNING COMMISSION MINUTES - JANUARY 12, 2011 MINUTES NO. 1004 PAGE 2
T7 77 7-.~
A two-lane drive-through pharmacy facility would be added to the eastern side of the building,
and the interior of the pharmacy connected to an exterior window by a small addition. A porte-
cochere-type covering would be constructed above the drive-through lanes. The drive-through
pharmacy would operate during the regular store hours. The business would have use of the 72
parking spaces on the site through a lease with the property owners that cover the entire lot on
which the building is located and a small portion of the adjacent parcel to the northwest. The
applicants propose to provide 8 additional parallel on-street public parking spaces in the Tiburon
Boulevard right-of way.
Mr. Watrous discussed several issues relating to the application, noting that the applicants have
also requested the ability to remain open 24 hours a day if community need presents itself. Staff
recommended that the Commission set the daily hours of operation from 7:00 a.m. to 10:00 p.m.,
acknowledging the applicant may request an amendment to the use permit at a later date. Staff
also recommended that limitations placed on commercial deliveries in certain downtown areas
also be applied to this property, prohibiting commercial trucks outside the hours of 7:00 a.m. to
10:00 p.m. on weekdays and 8:00 a.m. to 10:00 p.m. on weekends and holidays.
Mr. Watrous said that staff received no comments as of the date of the staff report. However, a
number of late mail items were received with a recurring theme related to the mailing of notices.
The Town's records indicate that notices were correctly delivered to the post office in December,
but it appeared that few, if any, residents actually received those notices. In addition to
considering the permit application, the Commission must determine if adequate information was
given to the public to support making a decision at this time.
Josh Eisenhut, Armstrong Development Properties, discussed the proposed use, particularly as it
relates to the drive-through pharmacy. He stressed a distinction between this type of drive-
through use and that seen with a fast-food restaurant, stating that statistics show that peak hours,
typically from 5:00 to 6:00 p.m., experience only about 5 to 7 vehicles utilizing the drive-through
per hour. He stressed that retailers would obviously prefer customers to come into the store, but
the feature is available for the convenience of those with a true inability to leave their cars.
He discussed the site's constraints and acknowledged the potential for noise impacts on
neighbors. He stated that a number of noise studies conducted on similar projects with
comparable distances found the noise generated by either drive-through or loading activities to
be comparable to an open office background noise. He felt that any noise would be mitigated by
both the proposed property line wall and existing mature landscaping along the property line. He
also noted the standard CVS speakers used for drive-through service are equipped with volume
control and they could be lowered if they present an issue. He stated that the typical CVS
receives 3 large deliveries per week and he assumed that this would be a lesser impact than the
previous use.
Mr. Eisenhut referred to the proposed hours of operations and confirmed that it was the
applicant's intent to operate within those hours at the present time, but said that CVS prefers the
flexibility to extend those hours if the demand is there. He thought it would likely never reach
that point, but respectfully requested the Commission grant the applicant the leeway to do so
without returning for an amendment to the conditional use permit.
TIBURON PLANNING COMMISSION MINUTES - JANUARY 12, 2011 MINUTES NO. 1004 PAGE 3
Chair Frymier asked what limits were imposed on delivery hours for the previous occupants. Mr.
Watrous said none, but staff had heard anecdotal complaints about late night deliveries,
particularly where the truck's AC compressors was left running for a considerable amount of
time.
Chair Frymier asked if the applicant would be required to stock cigarettes out of sight. Mr.
Watrous said that this is not stipulated in the draft conditions of approval. He noted that staff
received an email from Smoke Free Marin requesting that the applicant either eliminate tobacco
products altogether or store them out of sight. He also noted that no such regulation has been
imposed on any other business in town.
Chair Frymier asked how many households should have received notice of the hearing. Mr.
Watrous said approximately 50 notices were sent out to all property owners and residents within
300 feet of the site.
Chair Frymier opened the public hearing.
Cres Van Keulen said that she was asked to speak on behalf of 2 neighbors who could not attend
this meeting. She indicated that many more Marsh Road residents would be present had they
received more notice. She said that while she was prepared to welcome CVS into the
community, she could not support a drive-through pharmacy in any shape or form and that 24-
hour operation is completely unnecessary in Tiburon. She said that she lives directly behind the
site and has had many issues with noise over the years. She said that there are many things about
cars that CVS cannot control, including exhaust and noise. In addition, she said that lights from
the pharmacy window and headlights from cars would point directly towards her in the evening
hours. She described how the dangers at the intersection of Marsh and Beach Roads, where cars
would exit from the drive-through window, would only increase with additional traffic. She
believed that the proposed building additions would significantly add to the bulk of the building.
She said that most Marin residents belong to Kaiser and would not utilize the pharmacy and that
asking those who would to get out of their car is not asking too much.
Terry Hennessy said that she supported the addition of CVS but was concerned about late night
deliveries. She questioned whether an 8-foot wall would require a variance and asked why this
was necessary when the Town could simply eliminate the noise source. She saw no compelling
reason for CVS to be open beyond 9:00 p.m. She concurred with Ms. Van Keulen regarding light
impacts, the dangerous blind curve at the intersection of Marsh and Beach Roads, and the
expectation that people should get out of their vehicles. She said a drive-through window of any
sort would not be appropriate for the character of Tiburon.
Mike Scippa concurred with the previous speakers. He said that he did not receive any notice on
the hearing, nor did many others. He said that his issues with noise related primarily to the
compressors used by the previous occupant, which were out-of-date and perennially in need of
repair. He asked that the applicant update and soundproof this equipment if they intend to offer
refrigerated produce. He was concerned with the applicant's intent to sell alcohol and he
TIBURON PLANNING COMMISSION MINUTES - JANUARY 12, 2011 MINUTES NO. 1004 PAGE 4
provided the Commission with a list of 27 other establishments in Town that already sell
alcoholic beverages. He asked that the Commission deny alcohol sales for this use.
Neal Toft said that he believed that staff prepared and attempted to distribute the appropriate
notices, but no one seemed to have received them. He said that CVS would be a great
convenience and an asset to the community. He asked staff whether architectural and site plan
review would take place at the staff level or through a discretionary process. Mr. Watrous said
the public would receive notice in either event, but given the extent of work it would likely go
before the Design Review Board.
Mr. Toft encouraged the use of down-lit non-glare lighting, particularly on the sides of the
building. With regards to delivery hours, he hoped the Commission would recognize the archaic
nature of the existing use permit and restrict the hours to earlier than 10:00 p.m. He said he
supported the proposed masonry wall, but thought it should be 8 feet in height at the minimum.
He said that mechanical noise was an issue at this location and encouraged that the equipment be
updated and a condition of approval added that requires the applicant to maintain this equipment
in a way that complies with the Town's noise requirements. He stated that the general plan
discourages drive-through restaurants and to approve this would be inconsistent with the tranquil
character of Beach Road. He questioned the peak hour traffic described by the applicant and said
that any increase to the traffic load at the corner on Beach Road was an ill-conceived idea. He
said that none of the architectural elements would be helpful and these changes would create real
issues with aesthetics.
Gary Lucas disagreed that drive-through customers would exit the property at the location as
stated by others. Mr. Watrous noted that Mr. Lucas is employed by the property owner and
recommended he hold his testimony until it is time for the applicant to come forward again.
Kent James said that a pharmacy is much needed but the advent of any drive-through in Tiburon
would be a shame.
Robin Curley suggested relocating the drive-through to the Chase Bank side of the property. She
said that the dangerous intersection affects more than those leaving Marsh Road, and the idea of
large trucks turning in that area would be an accident waiting to happen. She said that the
proposed sound wall would likely be a great help for those immediately behind it but she thought
it would also redirect noise up into her neighborhood.
Eleanor Barron-Druckrey said that her greatest concerns are with traffic and noise.
Mr. Eisenhut said that he was unaware of the issues at the intersection of Marsh and Beach
Roads, but that he was willing to work with staff and the community to address the issue. He
suggested that pruning shrubbery and perhaps stepping down the wall at that corner could offer
some improvement. He said he had no issues with upgrading existing lighting to conform to
downtown development standards. He noted that CVS operations are different from that of a
grocery store, that the larger freezers and refrigeration units are already slated for removal, and
that CVS will only house in-store cooler boxes. He said that preliminary testing has determined
that the existing HVAC units to be out of date and in need of replacement by units that meet
TIBURON PLANNING COMMISSION MINUTES - JANUARY 12, 2011 MINUTES NO. 1004 PAGE 5
current noise and efficiency standards. He acknowledged the neighbors' concerns regarding
traffic but reminded them of the previously existing use.
Mr. Eisenhut said that CVS does propose to sell a limited amount of liquor for off-site
consumption, but that it was likely that the list presented by Mr. Scippa includes on-site
consumption retailers such as restaurants. He stressed that CVS, as a large retailer with over 40
years experience, has the security measures and training policies to maintain a safe environment
for its customers and the community.
Mr. Eisenhut reiterated that this store was slated for standard business hours as noted in the
resolution, but that CVS would like the flexibility to expand that if the need presents itself. He
suggested that perhaps any amendment to the use permit regarding the hours of operation could
occur at the staff level. He appreciated residents' concerns regarding the drive-through but said
that it is an important aspect of the CVS business model. He noted that the drive-through might
seem unnecessary to some, but those who need it may not be represented at this meeting.
Gary Lucas said that his elderly parents are two Tiburon residents who are greatly in need of a
drive-through phannacy, as are many others.
Claude Perasso said that he is a Town resident and consultant with Zelinsky Properties. He
appreciated all the comments made, but noted that Tiburon has at least one existing drive-
through service. He assumed that Bank of America's drive-through has not created significant
adverse impacts and thought that the intensity of use proposed for this project would be
significantly lower than that of a fast-food restaurant. He felt that it would be likely that the
presence of CVS would actually mitigate traffic on Tiburon Boulevard by keeping residents in
the neighborhood rather than sending them across town. He said that he used to be employed as
general counsel for a large retailer that sold alcoholic beverages, and in his experience large
retailers are best suited to handle something like that because the stakes are higher for them. He
strongly believed this use, when compared to previous uses on the site, would impact neighbors
much less and serve the entire community in a very positive way.
Chair Frymier closed the public hearing.
Commissioner Doyle requested information on the neighboring lot. Mr. Watrous said that it is
under the same ownership but is a separate lot.
Commissioner Doyle referred to the project drawings and requested more information on the
"graphics area." Mr. Eisenhut assured him that graphics are not intended to mean advertising. He
explained that the intent of the graphics is to shield the interior racks that would otherwise be
visible through the front windows.
Commissioner Doyle suggested that if the site plan were reversed with the drive-through on the
opposite side of the property, vehicles would not have to exit onto Beach Road. Mr. Watrous
explained that the existing building is situated too close to the property line shared with the
adjacent area used as a paid parking lot.
TIBURON PLANNING COMMISSION MINUTES - JANUARY 12, 2011 MINUTES NO. 1004 PAGE 6
Vice-Chair Corcoran asked what hours and restrictions Boardwalk Market is subject to. Mr.
Anderson said that there is no use permit for the operation. Vice-Chair Corcoran asked if any
business within the downtown could operate 24 hours if it desired. Mr. Watrous said
theoretically yes, unless regulated by conditions of approval in a use pen-nit. Mr. Anderson added
that many downtown uses predate these controls but that the Town is able to adopt a resolution
regulating hours if any trouble arises.
Vice-Chair Corcoran asked if the applicant has considered any sort of buffering or enclosure for
HVAC equipment. Mr. Eisenhut said there would likely be some type of screening device and no
equipment would be exposed to the right-of-way or adjacent properties.
Commissioner Kunzweiler asked if the applicant anticipates the parking lot reverting back to a
paid lot. Mr. Eisenhut said he believed a portion of the lot in front would be free for CVS
customers, but the other lot is at the discretion of the property owner.
Commissioner Kunzweiler asked how many deliveries, in addition to the 3 major ones already
described, could be expected weekly. Mr. Eisenhut said it is ultimately dependent upon how
quickly they run through product, but roughly 8 to 10 smaller box truck deliveries per week. He
confirmed that CVS has some control over the schedule of its larger trucks and said that those
deliveries typically occur in the morning hours.
Commissioner Kunzweiler asked why, if peak usage would only be 5 or 6 cars per hour, 2 drive-
through lanes were proposed. Mr. Eisenhut stated that this is a CVS standard that allows cars to
be better serviced and traffic to flow better. He noted that the outside lane allows both drop-off
and pick-up through a pneumatic tube. He said that there is likely potential for a single lane,
though he cannot make that decision.
Commissioner Tollini asked if CVS considers it important for drive-through hours to mirror
store hours. Mr. Eisenhut said that the flexibility in hours is important but there are many
instances where the drive-through closes an hour or so earlier than the inside pharmacy.
Chair Frymier asked if the Mill Valley CVS has a drive-through. Several members of the public
said "no." She asked Mr. Eisenhut to discuss what type of noise level could be expected from the
store's and trucks' compressors. Mr. Eisenhut said that milk is the only perishable item he is
aware of CVS selling, which does require changing out of product from a small milk truck every
2 to 3 days. He said that there would be no interior overstock area for cold products and the only
interior coolers would be those visible from the sales area. He said that HVAC units would be
typical of what one would find at any retailer and less intense than those required for a grocery
use.
Chair Frymier asked Mr. Eisenhut to elaborate on CVS' training program relative to alcohol
sales. Mr. Eisenhut said CVS' policies require new employees to sign an acknowledgement that
they have read and understand the store's policies. Any person working at a register is required
to request identification from any customer who appears to be under the age of 30 and the
computer system offers a back-up notification, as well. He was not personally familiar with
CVS' policy document but was aware that they employ third-party audit companies to conduct
TIBURON PLANNING COMMISSION MINUTES - JANUARY 12. 2011 MINUTES NO. 1004 PAGE 7
decoy operations to detennine the compliance of individual stores. He said that any store failing
such an audit must retrain the entire staff and it can be a terminable offense for the noncompliant
employee.
Commissioner Doyle confirmed with the applicant that the perishable product coolers are
conceptually slated for the front corner of the store, which should alleviate a number of concerns.
Vice-Chair Corcoran asked if approval of a drive-through would carry over to subsequent tenants
of the property. Mr. Watrous said that the draft conditions of approval specify a drive-through
pharmacy and any other drive-through use would require a CUP amendment.
Commissioner Tollini said that while some neighbors claim to have not received notice of the
hearing, the hearing was advertised in the paper. She thought the neighbors had good
representation at the meeting, that any additional comments would likely be in line with those
made tonight, and she felt comfortable in moving forward tonight. She said that there is a trade-
off with any commercial development; in exchange for increased noise, traffic, and lighting, the
community gets a pharmacy in a very desirable location. She said that a drive-through pharmacy
would be a tremendous asset to several demographics but she thought some of the neighbors'
concerns could be addressed through limiting the hours, perhaps 10:00 a.m. to 8:00 p.m. She did
not think the demand would ever support 24-hour operations but she saw no harm in allowing the
applicant the leeway to do so.
Commissioner Tollini noted that she lives above Beach Road and while she agreed that the
intersection could be somewhat dangerous, she doubted that the proposed use would present any
increase in traffic over the previous grocery stores. She expressed full support for the delivery
restrictions proposed by staff and said that she could approve the resolution as drafted, perhaps
with the modifications noted.
Commissioner Kunzweiler said that the need for a pharmacy has been a long-standing discussion
point in the Town, and anyone should be able to see that this would be a less intensive use than a
grocery store. Having said that, he suggested the Commission consider modifying the resolution
to address several issues. He said that the delivery hours should be restricted to no later than 5:00
or 6:00 p.m., noting that CVS has full control over trucks coming from CVS warehouses. He also
thought it would be reasonable to limit the drive-through to one lane, though he noted that a
precedent was set years ago in allowing Bank of America two lanes. He supported the proposed
8-foot wall, provided no variance is required. He agreed with the public that noise travels up, but
thought that the decreased intensity of use might keep those concerns from becoming a reality.
He supported stipulating that all HVAC improvements be of the latest technology and
implemented using correct commercial guidelines that adhere to accepted sound standards.
Vice-Chair Corcoran agreed that a pharmacy would be a great addition to the Town and hoped it
would lessen traffic. He said that it seemed clear that something happened to the public notice
process and, while they might hear more of the same comments, he believed that it seemed only
fair to postpone any decision on this application. He did not see a drive-through pharmacy as
suitable for Tiburon and thought CVS would do fine without it. He could support hours of
operation from 7:00 a.m. to 9:00 p.m., but not 24 hours. He supported staff s recommendation to
TIBURON PLANNING COMMISSION MINUTES - JANUARY 12, 2011 MINUTES NO. 1004 PAGE 8
implement the same controls on deliveries as are imposed east of Beach Road. He disliked the
idea of adding 8 new parking spaces in the Tiburon Boulevard right-of-way and said that he
would prefer those spaces elsewhere in the existing lot. He appreciated that the applicant would
be upgrading HVAC equipment and he would like noise shielding and lighting to be addressed
through the Design Review process. He also hoped that the Town Engineer would weigh in on
the safety of the Marsh Road intersection in question.
Commissioner Doyle said that the drive-through was a great idea but he felt that the applicant
has an opportunity to explore other site options that would have less impact on neighbors. He
suggested that by moving the pharmacy and drive-through to the front of the store, vehicles
could enter through the rear and exit onto Tiburon Boulevard. This would direct light and noise
away from neighbors and vehicles away from the troublesome intersection. He supported
limiting delivery hours to something reasonable and leaving store hours as proposed, with the
opportunity to request a CUP amendment later. He had no issue with the sale of alcohol but did
think it would be great if cigarettes were kept out of sight.
Chair Frymier said that she was very excited to see a new business coming into town,
particularly one that has been in such demand for so many years. She disagreed with the
applicant that site improvements would be minimal, but acknowledged that they would be a huge
improvement. She referred to the draft Housing Element which states that Tiburon's senior
population will increase by 75% from 2000 to 2010; that 37% of Tiburon households are
families without children; and 56.4% of persons aged 65 and over are disabled. She said that
these statistics validate the need for a drive-through pharmacy and it would better serve the
Town's demographic. She expressed strong support for some sort of re-design as suggested by
Commissioner Doyle and encouraged the applicant to limit the drive-through to one lane. She
would not like to allow leeway for the hours of operation at this time. She supported staff's
recommendation regarding restricting delivery hours, appreciated the proposal for 8 additional
public parking spaces, and noted that the applicant has agreed to take out a sidewalk in poor
repair to accommodate this. She concurred with Commissioner Doyle that cigarettes would
ideally be kept out of sight.
The Commission further discussed the matter of continuing the hearing. Commissioners Doyle
and Kunzweiler felt the Commission had a strong sense of the issues and preferred to move
ahead. Vice-Chair Corcoran said that public participation is one of the hallmarks of this
community and it would undermine the authority of the Commission to make a decision tonight.
Commissioner Kunzweiler asked how the Commission could best condition the project on the
applicant exploring alternatives to the proposed drive-through location. Mr. Watrous described
how a continuance would depend on the detail requested and whether the changes would be
reviewed by the Design Review Board or the Planning Commission. He suggested the applicant
be allowed to comment on whether they would be willing to consider exploring such
alternatives.
Mr. Eisenhut said that the idea to relocate the drive-through would generate concerns from an
internal layout and business model standpoint. He stated that the pharmacy is always located
furthest from the front door to allow for a more continuous front sales area, and this would likely
TIBURON PLANNING COMMISSION MINUTES - JANUARY 12. 2011 MINUTES NO. 1004 PAGE 9
be a significant concern for CVS. He said that the options are limited with an existing building
and that reversing the traffic circulation would situate the driver on the wrong side of the drive-
through window. He also noted that relying on pneumatic tubes takes away from person to
person communication and is not likely something CVS operational standards would provide for.
He said that he was open to looking at other mitigation measures to alleviate concerns, but this
could create an impasse.
Chair Frymier requested clarification on peak drive-through hours. Mr. Eisenhut said they would
likely be 5:00 to 6:00 p.m. or 6:00 to 7:00 p.m., 7 days per week, and that a registered traffic
engineer conducted the studies of a variety of CVS stores.
Commissioner Doyle provided an amended suggestion where the drive-through would be moved
closer to the front of the building by one car length and some sort of wall installed at the end to
keep vehicles from exiting onto Marsh Road. He acknowledged the applicant's reasoning for
placing the pharmacy at the rear of the building but said that there was more than one way to do
things. Barring that, he suggested the Commission limit the drive-through to a single lane and
constrained hours.
Vice-Chair Corcoran said that the applicant conceded that drive-through sales are not a huge part
of their business. He said that he still did not support this, but would certainly prefer a one-lane
drive-through.
After discussion by the Commission, Mr. Watrous summarized the changes proposed to the draft
resolution:
• Condition of Approval No. 2: the hours for the store shall be from 7:00 a.m. to 10:00 p.m.
and the drive-through pharmacy from 8:00 a.m. to 8:00 p.m.;
• Condition of Approval No. 3: truck deliveries shall limited to the hours of 8:00 a.m. to
6:00 p.m.;
• Additional condition limiting the pharmacy drive-through to one lane of traffic
ACTION: It was M/S (Tollini/Kunzweiler) to adopt the resolution approving the subject
conditional use permit, as amended. Motion carried: 4-1 (Corcoran voted no).
BREAK - Chair Frymier called a brief break and thereafter reconvened the regular meeting.
NEW BUSINESS
3. PRELIMINARY DRAFT HOUSING ELEMENT: RECEIVE CONSULTANT'S
PRESENTATION; ACCEPT PUBLIC COMMENT; PROVIDE COMMISSION
COMMENTS & RECOMMENDATIONS
The Community Development Director introduced the item, noting this request for initial
comments on the Preliminary Draft Housing Element is the first step in a rather lengthy process.
He introduced Planning Consultant Jeff Baird, primary author of the draft document.
TIBURON PLANNING COMMISSION MINUTES - JANUARY 12. 2011 MINUTES NO. 1004 PAGE 10
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Members of the Planning Commission
Community Development Department
Planning Commission Meeting
January 12, 2011
Agenda Item:
Subject: 1599 Tiburon Boulevard; File #11005;
Conditional Use Permit to Operate a Drug Store and Pharmacy;
Zelinsky Properties, LLC, Owner; CVS/pharmacy & Armstrong
Development Properties, Inc., Applicants;
Assessor's Parcel Nos. 058-171-89 and a portion of 058-171-88
Reviewed By:
PROJECT DATA
Address:
Assessor's Parcel Numbers:
File Number:
Lot Size:
General Plan:
Zoning:
Current Use:
Owner:
Applicants:
Flood Zone:
Date Complete:
SUMMARY
1599 Tiburon Boulevard
058-171-89 and a portion of 058-171-88
11005
1.63 acres
Neighborhood Commercial/Affordable Housing Overlay
NC/AHO (Neighborhood Commercial/Affordable Housing
Overlay)
Vacant commercial building
Zelinsky Properties, LLC
CVS/pharmacy & Armstrong Development Properties, Inc.
X (Building; outside 500-year flood event); AE (parking lot;
subject to 100-year flood)
December 22, 2010
Zelinsky Properties, owner, and CVS/pharmacy, applicant, have submitted an application to
operate a drug store and pharmacy (CVS/pharmacy) in a building previously occupied by a
grocery store (most recently IGA/Delano's Market) on property located at 1599 Tiburon
Boulevard. A drive-through facility is proposed for the pharmacy on the eastern side of the
building, with egress onto Beach Road. A 1,800 square foot portion of the existing building
would be leased to a future retail sales tenant.
The conditional use permit is required for: 1) a change in use from a supermarket to a drug
store/pharmacy with liquor sales; 2) the construction of a 90 square foot building addition for the
drive-through; and 3) modification of parking requirements established in the original 1963
conditional use permit for this building.
TOWN OF TIBURON PAGE 1 OF 6
-r AT..
BACKGROUND
The origins of the commercial building on this property predate the incorporation of the Town of
Tiburon. In 1963, the Marin County Board of Supervisors approved a conditional use permit and
a building permit for a supermarket on the site. Since that time, the building has been occupied
by various different grocery store/markets, including Safeway, Bon Appetit (a division of
Safeway), Bell Market and, most recently, Delano/IGA Market.
The Delano/IGA Market closed in 2009. Since then, the building has been vacant and the
parking spaces on the site have been used as part of a public pay parking lot under the same
ownership as the parking lot on the adjacent property to the northwest.
PROJECT DESCRIPTION
The proposed drug store and pharmacy would occupy 18,182 square feet of the approximately
20,000 square foot existing building. The store would sell a full range of convenience consumer
products, including food items and alcoholic beverages. The proposed store hours would be from
7:00 a.m. to 10:00 p.m., seven days a week. The applicants intend to sublease a 1,800 square foot
space in the southwest corner of the building to an unspecified future retail sales tenant.
A two-lane drive-through pharmacy facility would be added to the eastern side of the building. A
small addition to the building would connect the interior of the pharmacy to an exterior window
facing the drive-through lanes. A porte-cochere-type covering would be constructed above the
drive-through lanes. The drive-through pharmacy would operate during the regular store hours.
No other substantial physical changes are proposed for the exterior of the building at this time,
although the future retail tenant space would require exterior alterations to that portion of the
building.
The business would have the use of 72 parking spaces on the site through a lease with the
property owners which covers the entire lot on which the building is located and a small portion
of the adjacent parcel to the northwest. The remainder of the parking lot on the adjacent parcel is
not part of the applicant's lease. The applicants propose to provide eight additional parallel on-
street public parking spaces in the Tiburon Boulevard right-of-way. Landscaping on the site
would be replaced with new trees and vegetation. Public sidewalks along Tiburon Boulevard and
Beach Road would be widened.
GENERAL PLAN AND ZONING CONSISTENCY
The Downtown Element of the Tiburon General Plan indicates that a drug store/pharmacy is a
preferred use for Downtown Tiburon, as verified by community preference polls conducted in
2005. There has been no pharmacy in Downtown since the 1990's, forcing Tiburon residents to
drive to Strawberry or Mill Valley to fill prescriptions. Policy LU-24 of the Land Use Element
states that "the Town shall encourage the addition of under-represented retail and service
businesses to enhance shopping and service opportunities for Tiburon." Policy No. DT-2 of the
Downtown Element further states that "resident-serving land uses shall be encouraged throughout
Downtown." The proposed pharmacy would serve local residents and enhance shopping and
service opportunities for the community.
TOWN OF TIBURON PAGE 2 OF 6
Section 16-52.040 (D) of the Tiburon Zoning Ordinance lists the following factors to be
considered in determining whether or not any conditional use should be permitted in a specific
location:
1. The relationship of the location proposed to the service or market area of the use
or facility proposed; transportation, utilities, and other facilities required to serve
it; and other uses of land in the vicinity. The proposed drug store and pharmacy
would be centrally located in Downtown Tiburon on Tiburon Boulevard and
readily accessible by public transportation. This use would be compatible with
other retail and service uses in Downtown.
2. The compatibility of the design, location, size, and operating characteristics with
the existing and future land uses in the vicinity. The general design and size of the
building would remain unchanged from its previous use as a grocery market. The
proposed hours of operation would be longer than most other Downtown
businesses, but would be consistent with those normally associated with a drug
store and pharmacy. The porte-cochere might be somewhat visible from some of
the adjacent Point Tiburon Marsh residences, but is unlikely to substantially
intrude into any views toward Downtown Tiburon from these homes.
3. The probability of impairment to the architectural integrity and character of the
zoning district in which it is to be located. With the exception of the minor
building addition and drive-through pharmacy facility, the project would not
involve any significant changes to the building exterior which would impair the
architectural integrity and character of the NC (Neighborhood Commercial) zone.
4. The protection of the public interest, health, safety, convenience, or welfare of the
Town, or any probability of injury to property or improvements in the vicinity and
zoning district in which the real property is located. The establishment of a drug
store and pharmacy in Downtown Tiburon would improve the convenience of
retail services serving Tiburon residents.
5. The need of the community for additional numbers of such uses, paying particular
heed to whether the neighborhood or vicinity is already adequately served by
similar uses. There has been a need for a drug store and pharmacy in Downtown
Tiburon for many years. The sale of convenience retail items at the store should
offer an appropriate retail balance with the more upscale Woodlands Market that
should soon be operating across the street in the Boardwalk Center.
PLANNING ISSUES
As noted above, the applicants currently intend to operate the store between the hours of 7:00
a.m. and 10:00 p.m., seven days a week. However, the applicant has requested the ability to
remain open 24 hours a day if there is a community demand for such hours of operation.
Extended hours for the drive-through pharmacy could create late night noise impacts for
TOWN OF TIBURON PAGE 3 OF 6
neighboring residents in the adjacent Point Tiburon Marsh condominiums, with vehicle noise and
audio speakers disrupting the otherwise quiet night conditions. Staff recommends that the
Planning Commission set the daily hours of operation from 7:00 a.m. to 10:00 p.m. for this use.
The applicant may request an amendment to the use permit at a later date to extend the hours if
desired.
Truck deliveries to the store create a similar potential noise concern for nearby residents. The
applicant indicates that up to 3 weekly deliveries to the store would be made, with efforts made to
schedule deliveries during "non-peak hours of operation." Nighttime and early morning truck
deliveries to the previous supermarket uses on this site have generated noise complaints from
Point Tiburon residents. Section 23-19A (a) of the Tiburon Municipal Code prohibits commercial
trucks in portions of Downtown Tiburon (including Tiburon Boulevard east of Beach Road, but
does not apply to the subject site or other properties west of Beach Road) outside the hours of
7:00 a.m. to 10:00 p.m. on weekdays and 8:00 a.m. to 10:00 p.m. on weekends and holidays.
Staff recommends that truck deliveries for the proposed use comply with these regulations, and a
condition of approval to that effect is included in the draft resolution for this application.
In 1963, the Marin County Board of Supervisors approved a conditional use permit for a
supermarket on the site, subject to a series of conditions of approval (see Exhibit 2). Condition
of Approval No. 2 required that the use provide three square feet of parking area for every one
square foot of market floor area, which is an obsolete parking standard for retail uses. The
Tiburon Zoning Ordinance requires one parking space for every 250 square feet of gross floor
area for retail uses, such as the requested drug store and pharmacy; using this ratio, the 20,000
square foot building on the site would require 80 parking spaces. Staff believes that the 72
parking spaces provided by the applicant, combined with up to 4 stopping and stacking spaces
associated with the drive-through pharmacy and 8 additional parallel parking spaces to be
provided on Tiburon Boulevard, would be sufficient to meet the Town's parking requirements for
this property. Section 16-32.040 (A) of the Zoning Ordinance gives the Planning Commission
discretion to determine the appropriate amount of parking required for a specific use. Staff
recommends that a condition of approval be adopted for this application superseding the previous
County parking standards and requiring the applicant to provide the parking spaces as proposed.
Site improvements proposed by the applicant will be reviewed by the Town through the Design
Review process. The minor building addition and drive-through facility will require Site Plan
and Architectural Review approval and all new signage will be require sign permits. Landscaping
improvements and all exterior lighting will also be reviewed through the Design Review process.
Any new or replacement exterior noise-generating equipment (such as HVAC equipment) will
need to comply with Town noise standards for such equipment.
In 2002, the Town Council adopted the Downtown Tiburon Design Handbook, which contains
guidelines to be used in evaluating buildings, storefronts and streetscape designs in the
Downtown area. These guidelines would be used during the Design Review process for this
project and would likely result in the following requirements:
• Replacement of all parking lot and building lighting fixtures with more
appropriate and consistent lighting fixtures, guidelines for which are contained in
the Site Furnishings Supplement to the Downtown Tiburon Design Handbook.
TOWN OF TIBURON PAGE 4 OF 6
• Trash receptacles, bicycle racks and any new outdoor seating or furniture shall be
consistent with the palette established by the Site Furnishings Supplement to the
Downtown Tiburon Design Handbook;
• Replacement of trees along Tiburon Boulevard with a single new street tree
species that would be moderate in height and probably deciduous;
• Widening of the sidewalks along Tiburon Boulevard and Beach Road to 8 feet;
• The news rack area adjacent to the bus shelter on Tiburon Boulevard needs to be
modified to keep news racks off the public sidewalk width; and
• Screening of any utility boxes, dumpsters and/or small sheds.
Staff recommends that the applicant be required to address certain building exterior
improvements during the Design Review process. Since the construction of the building on the
site in the 1960's, the level of the parking lot has sunk due to natural settlement, while the level of
the building itself (which is supported by piers) has remained unchanged. As a result, ramps have
been constructed to lead from the parking lot to the front doors of the building. These elevation
changes have also caused gaps to occur between the foundation of the building, including the
front porch and walkways, and the adjacent planters and parking lot. These gaps are more of an
aesthetic issue rather than a structural or safety issue. Staff recommends that these gaps be
remedied through the site improvement process, and the draft resolution contains a condition of
approval to that effect.
The Tiburon Building Official, a certified disability specialist, has conducted a preliminary
inspection of the site and has determined that the project will require some improvements to the
handicapped access to the building. A representative of the property owner has indicated that
such improvements have already been anticipated for this project.
It appears that an unpermitted contractor's yard has been established to the rear of the building.
This use will be required to be abandoned. Staff will also recommend that the dilapidated fencing
along the rear property line be replaced with a solid wall up to eight (8) feet in height to provide a
better noise buffer for the adjacent Point Tiburon residents.
PUBLIC COMMENT
As of the date of this report, no letters have been received regarding the proposed conditional use
permit. The Smoke Free Marin Coalition has requested that the proposed drug store either be
prohibited from selling tobacco products or store such products in areas that are out of sight. If
the Planning Commission determines that such a restriction is appropriate, a condition of
approval should be added to the draft resolution.
TOWN OF TIBURON PAGE 5 OF 6
RECOMMENDATION
Staff recommends that the Planning Commission:
1. Hold a public hearing on this item and hear and consider all testimony, and
2. Revise as appropriate and adopt the attached resolution (Exhibit 3) approving the
subject conditional use permit.
EXHIBITS
1. Application form and supplemental materials
2. Minutes of April 16, 1963 Marin County Board of Supervisors meeting
3. Draft resolution
4. E-mail from Smoke Free Marin Coalition, dated December 15, 2010
5. Submitted plans
Prepared By: Daniel M. Watrous, Planning Manager
\shared\planning\pc\staff repons\201 IAanuary 12 meeting\1599 Tiburon Boulevard.CUP.repon.doc
TOWN OF TIBURON PAGE 6 OF 6
(2)
OFFICE OF THE COUNTY CLERK
MARIN COUNTY BOARD, OF SUPERVISORS
SAN RA-FAEL, CALIFORNIA
TO --'Planning Department DATE: April 18, 1963
Department of Public Works
Wurster, Bernardi and Emmons
CORRECTED
EXCERPT FROM MINUTES, MEETING HELD April 16, 1963
RE: USE PERMIT FREDERICK ZEL INSKY (SAFEWAY STORES)
The captioned matter having been continued from the previous meeting, a
letter was received from the Direactor of Public Works, recommending that
the Use Permit be granted subject to the execution by the developer and
the County of an agreement providing for the necessary drainage improvement.
On motion of Supervisor Behr, seconded by Supervisor Ludy, a Use Permit was
granted, authorizing Fred Zelinsky to establish a 19,000 square-foot super
market in an H-.1 District, on property located on Tiburon Boulevard between the
Northwestern Pacific Railroad tracks and Beach Road in Tiburon,subject to the
following conditions:
1. No fill or land improvements shall be permitted and no building permit
shall be issued for this market until, by means of an assessment district
or other acceptable arrangements, provisions have been made for the install-- ~
ation of drainage facilities which meet the approval of the Director of Public
Works.
2. Off-street parking shall be provided in the ratio of three square feet of
parking area to every square foot of floor area in the market.
3. Access from Tiburon Boulevard shall be prohibited along the entire frontage
of this site and shall be gained. from the "private road" shown on the submitted
poans, and one additional driveway shall be permitted adjacent to the Northerly
end of the described Safeway site.
40, A landscape plan shall be submitted with the application for Architectural
Supervision to be considered at that time,
5. A fire hydrant shall be provided by the applicant in connection with this
market, and shall be installed in accordance with the specifications of the
Tiburon Fire Didxi.ct.
6h No signs shall be erected except in accordance with the sign provisions
of the zoning ordinance..
AYES: SUPERVISORS Behr, Ludy, Gnoss, Fusselman
ABSENT : SUPERVISOR Castro
EXHIBIT NO.
ATTEST
A~ \G7hoYi~
6E0. H. GNOSS
Clerk
X6301
TOWN OF TIBURON
LAND DEVELOPMENT APPLICATION
TYPE OF APPLICATION
3Q Conditional Use Permit
O Precise Development Plan
O Secondary Dwelling Unit
O Zoning Text Amendment
O Rezoning or Prezoning
O General Plan Amendment
O Change of Address
Laleh Zelinsky - Zelinsky Properties, LLC a California limited liability company
O Design Review (DRB)
O Design Review (Staff level)
O Variance
O Floor Area Exception
O Tidelands Permit
O Sign Permit
O Tree Pen-nit
APPLICANT REQUIRED INFORMATION
SITE ADDRESS: 1599 Tiburon Blvd.; Tiburon, CA PROPERTY SIZE: 1.63 ac
PARCEL NUMBER: 058-171-88,89 ZONING: NC
OWNER OF PROPERTY:
MAILING ADDRESS:
PHONE NUMBER:
130 Main Street
O Tentative Subdivision Map
O Final Subdivision Map
O Parcel Map
O Lot Line Adjustment
O Condominium Use Permit
O Certificate of Compliance
O Other
CITY/STATE/ZIP Tiburon, CA 94920
FAX
APPLICANT: (Other than Property Owner) Josh Eisenhut - Armstrong Development Properties Inc.*
MAILING ADDRESS: 1375 Exposition Blvd. Ste 101, Sacramento, CA 95815
PHONE NUMBER: (916) 643-9610 FAX (916) 643-9613
ARCHITECT/DESIGNER/ENGINEER: Lane Bader - Blair, Church & Flynn Consulting Engineers*
MAILING ADDRESS: 451 Clovis Avenue Suite 200, Clovis, CA 93612 ph (559) 326-1400
Please indicate with an asterisk persons to whom Town correspondence should be sent.
BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed):
See attached operation statement
I, the undersigned owner (or authorized agent) of the property herein described, hereby make application
for approval of the plans submitted and made a part of this application in accordance with the provisions
of the Town Municipal Code, and I hereby certify that the information given is true and correct to the best
of my knowledge and belief.
I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town
grants the approval, with or without conditions, and that action is challenged by a third party, I will be
responsible for defending against this challenge. I therefore agree to accept this responsibility for
defense at the request of the Town and also agree to defend, indemnify and hold the Town harmless from
any costs, claims or liabilities arising from the approval, including, without limitation, any award of
attorney's fees that might suit from the third party challenge.
*Signature: Date: 1) LiO
,Ac r~sarro~ Qw~~op'~
*If other than owner, must have letter from owner
DO NOT WRITE BELOW THIS LINE
DEPARTMENTAL PROCESSING INFORMATION a
Application No.: tiOP5 GP Designation Fee Deposit
Date Received'. 122` to Received By: a43 Receipt #
Date Deemed Complete: By:
Acting Body: Action:. Date: E11H181 1 NO
Conditions of Approval or Comments: Resolution or Ordinance
I C?
ARMSTRONG
PROPERTIES, INC.
Operational Statement
CVS/pharmacy #1483
NEC Beach & Tiburon, Tiburon, CA
1375 Exposition Blvd.
Suite 101
r Sacramento, CA 95818
www.armstrongdev.com
916.643.9610
916.643.9613 fax
Armstrong Development Properties, Inc. (ADPI) proposes a redevelopment of the property
located at the northeast corner of Beach Road and Tiburon Boulevard in Tiburon, CA. The
redevelopment project will allow CVS/pharmacy and another retail tenant to occupy the vacant
building previously home to DeLano's Market. The proposed CVS/pharmacy retail store will
provide health and beauty aids, personal care items, gift items, beer, wine, distilled spirits,
common household goods, vitamins, and retail pharmaceutical products available over-the-
counter or by prescription from the in-store pharmacy. In addition to these products, the
proposed store will also provide one-hour photo processing, as well as standard photo processing
from standard negatives or digital photography. Other than photographic prints, products are not
produced onsite, but a full range of products are available in-store, with an emphasis on
convenience to the consumer.
ADPI, on behalf of CVS/phannacy, is requesting a Conditional Use Permit (CUP) in order to
pursue a type 21 liquor license to sell a limited availability of beer, wine and distilled spirits for
off-site consumption only.
The proposed CVS/pharmacy will be located at 1599 Tiburon Boulevard. The Assessor Parcel
Number for the project is 081-026-20. The property is currently zoned "NC/AHO"
Neighborhood Commercial Affordable Housing Overlay. The proposed CVS/pharmacy project
is consistent with both the current "NC/AHO" land use designation as well as the Tiburon 2020
General Plan.
The intent of this redevelopment project is to create a sustainable and viable retail project that
will be an asset to the community for years to come. Renovations to the existing building will
consist of the addition of drive-through facilities for CVS/pharmacy and all necessary
improvements for the proposed retail space including but not limited to a new storefront, interior
demising walls, and utility laterals. A Tenant for the proposed retail space will be determined at a
later date and could be either a retail or restaurant use. CVS/pharmacy intends to sublease the
retail space to a tenant that not only compliments the CVS/pharmacy but also offers goods or
services that will benefit the surrounding community. Site improvements will be minimal and
will include the repair of any damaged sidewalks, all necessary upgrades to ensure that the project
is ADA compliant, as well as new landscaping throughout the parking area in order to improve
the overall appearance of the site. Additionally, the project proposes to widen Tiburon Blvd. in
order to provide eight new parallel off-site parking spaces and install a new public sidewalk.
The reason that a Condition Use Permit is being requested is that while alcoholic beverages are
expected to comprise only a small percent of the store's shelf-space, it is nevertheless necessary
in order to provide CVS/pharmacy customers with a complete range of convenient products.
CVS/pharmacy is committed to taking all feasible steps to address any potential concerns from
' 4ARIBIT N0.
An affiliate of the Armstrong Group of Companies U
law enforcement about the site, especially with regard to the sale of alcoholic beverages. For
instance, CVS/pharmacy has an extensive employee-training program and is a responsible retailer
of all types of goods including alcoholic beverages.
CVS/pharmacy facilities are designed to provide a safe environment for patrons and employees.
To that end, the following design elements are incorporated into the security plan: adequate
lighting levels, employee supervision of the facility, and closed circuit video monitoring system
with cameras located strategically throughout the property.
As part of the commitment to the safety of the community, CVS/pharmacy will voluntarily agree
to the following stipulations that are often required for authorization to obtain a series 21 license:
1. A closed circuit video monitoring system shall be installed with colored digital video
cameras mounted in the interior and exterior of the premises in such a position as to
be visible to patrons yet not accessible by reach.
2. A notice shall be placed therein that California state law prohibits the sale of
alcoholic beverages to persons who are under the age of twenty-one (21) years and
no such sales will be made.
3. Post and maintain a professional quality sign stating "No loitering is allowed on or in
front of these premises."
4. The possession of alcoholic beverages in open containers or the consumption of
alcoholic beverages will be prohibited on the premises or any adjacent property under
the control of CVS/pharmacy. CVS/pharmacy will post and maintain a professional
quality sign stating "No open alcoholic beverage containers are allowed on these
premises."
5. The parking lot of the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on
or about the parking lot. Additionally, the position of such lighting shall not disturb
the normal privacy and use of any neighboring residences.
6. CVS/pharmacy will adhere to any applicable Business and Professions Codes.
CVS/pharmacy recognizes the seriousness of loitering, delinquency, crime and underage
drinking. Therefore, through over 40 years of experience, CVS/pharmacy has developed
stringent operational standards and training programs to teach techniques for the lawful selling of
alcoholic beverages. CVS/pharmacy will require all employees selling alcoholic beverages to
complete its training program and execute a semi-annual acknowledgement of its alcohol sales
policies. In addition CVS/pharmacy is open to operating conditions that the Town of Tiburon
considers necessary to ameliorate significant concerns that may exist.
As mentioned above, the proposed CVS/pharmacy building will also include drive-through
facilities for prescription pharmaceuticals drop-off and pick-up only. The purpose of the drive-
through is to offer a convenient service for all customers including those who are sick, injured, or
the elderly that may be hindered by an ailment that discourages them from entering the store.
During peak hours of business, the typical CVS/pharmacy drive-through window services five to
seven customers an hour. The proposed site plan layout includes sufficient stacking for the two
drive-through lanes which are isolated from the project's primary parking area in order to avoid
any potential conflicts between customers utilizing the drive-through and other motorists or
pedestrians.
Initially the CVS/pharmacy will operate approximately from the hours of 7 a.m. to 10 p.m., seven
days week; however, if the demand of the neighborhood warrants 24 hour operations
t`XHIBIT NO.
CVS/pharmacy would like the ability to remain open as a service to the community. The typical
CVS/pharmacy generally has between 25-30 employees on payroll. The typical number of
employees staffed at a given time throughout the day may be between 4-12 depending on time of
day, year and other factors. Most part-time employees will work between 20-25 hours per week
and most full-time employees will work approximately 40 hours per week.
CVS/pharmacy will receive regular weekly deliveries, typically loading and unloading from a
WB-50 type delivery truck. There may be as many as three of these trucks arriving at different
days and times throughout the week to unload product for the store. Every effort is made to
schedule deliveries during non-peak hours of operation in order to avoid conflicts with parked
motorists and surrounding traffic conditions.
In addition to the everyday services that were previously mentioned that CVS/pharmacy will
provide, this location may host a seasonal or annual flu clinic for the benefit of the local
consumers, which may include an in-store display or sign to notify consumers of the date and
time. If held, this activity would be inside the store. Besides the seasonal clinic, many
CVS/pharmacy facilities also include a wellness center. This center, known as a "Minute Clinic",
is staffed by a registered nurse practitioner who can diagnose and prescribe pharmaceuticals for
minor ailments,.
No hazardous materials or waste will be produced during the construction of this project or
during the normal operation of the CVS/pharmacy.
ADPI believes that a retailer such as CVS/pharmacy would be a welcome use to this area and the
redevelopment project will be an added benefit to the entire community. Should Staff have any
questions or concerns regarding -this application, please do not hesitate to contact Armstrong
Development Properties, Inc. at any time.
Sincerely,
Josh Eisenhut
Armstrong Development Properties, Inc.
jeisenhutgagoc.com
EXHIBIT NO. I
p q c> r-
ENVIRONMENTAL DATA SUBMISSION
A. Prokect Information
1. Applicant's Name (owner or legally authorized party in interest):
Josh Eisenhut - Armstrong Development Properties Inc.
Address: 1375 Exposition Blvd Ste 101, Sacramento, CA 95815
Telephone: (916) 643-9610
Fax: (916) 643-9613
E-Mail: jeisenhut@agoc.com
2. Person preparing this submission:
Lane Bader - Blair, Church & Flynn Consulting Engineers
Address: 451 Clovis Avenue Suite 200, Clovis, CA 93612
Telephone: (559) 326-1400
Fax: (559) 326-1500
E-Mail : lbader@bcf-engr.com
3. Project Number(s): BCF project # 209-0354
4. Assessor's Parcel No(s): 058-171-88,89
5. Type of approval(s) sought: CUP for Type 21 Liquor License & Design Review
6. Location of project (attach vicinity map): NEC of Beach Road & Tiburon Road,
Tiburon.
7. Size of subject property: 1.63 acres
8. Present and previous use of site or structures: Existing Shopping Center
IBIT NO. t
9. Existing General Plan and Zoning designations; any applicable Master and/or
Precise Plans applicable to the site: Neighborhood Commercial and NC Zoning
District
10. General description of project: See Attached Operation Statement and Site Plan
11. Other agencies or Town departments from which permits to approvals will be
required, specifying type and granting body. Caltrans Encroachment Permit, ABC
for Type 21 Liquor License.
B. Environmental Setting
1. , Topography: This site is relatively flat with a slope of about 1%-3% from the
north end of the property to the south end of the property.
2. Geology: This site is subject to seismic hazards. Such hazards will be mitigated
per the recommendations of the Geotech Report.
3. Air Quality: This site is an existing shopping center and will be maintained as a
shopping center. This project will not generation or create any new air pollutants
or odors than what already exist at this shopping center.
4. Hydrology This site is within the zone X and is outside the 200 year flood plan. A
wetland does exist to the northeast near this shopping center.
5. Water Quality; Water wells do not existing onsite.
6. Biology: This site mostly consists of Pine Trees which will be removed and
replaced per the attached landscape plan.
7. Noise: This site is an existing shopping center and will be maintained as a
shopping center
8. Visual/Scenic Resources: This site is an existing shopping center and will be
maintained as a shopping center
)~J_XHIBIT NO.
U r
9. Grading: This site requires fill for the drive-thru area. 300cy to 500cy is expected.
10. Archaeological/Cultural Resources: N/A
11. Population and Housing Characteristics: This area is within an affordable housing
district.
12. Circulation: The offset improvements will include addition parking lane and
sidewalk along Tiburon Blvd. Also this site is currently served by a bus stop.
13. Public Service and Utilities: The available utilities at this site include sewer, water
and dry utilities.
C.
D.
E.
14. Health and Safety: See attached operation statement.
Impacts: See attached operation statement.
Mitijzation Measures and Alternatives See attached operation statement
Certification
1. Attach the following statement as part of the submission:
I hereby certify that the statements furnished above and in the attached exhibits
present he data and information required for this initial evaluation to the best of
my ability, and that the facts, statements and information presented are true and
correct to the best of my knowledge and belief.
Date: lo
K
( re)
For:r
EXHIBIT NO.
.7 dt-
RECORDING REQUESTED
WHEN RECORDED, RETURN TO:
Tiburon Planning Division
1505 Tiburon Boulevard
Tiburon, CA 94920
Attn: Daniel M. Watrous
RESOLUTION NO. 2011-(Draft)
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
APPROVING A CONDITIONAL USE PERMIT
TO OPERATE A DRUG STORE AND PHARMACY AT 1599 TIBURON BOULEVARD
ASSESSOR PARCEL NOS. 058-171-89 & PORTION OF 058-171-88
WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows:
Section 1. Findings.
A. The Planning Commission has received and considered an application for the operation of
a drug store and pharmacy (CVS/pharmacy) within an existing commercial building
located at 1599 Tiburon Boulevard (File #11005). The conditional use permit is required
for: 1) a change in use from a supermarket to a drug store/pharmacy with liquor sales; 2)
the construction of a 90 square foot building addition; and 3) modification of parking
requirements established in the original 1963 conditional use permit for this building. The
application consists of the following:
1. Application Form, Operational Statement and supplemental materials received
December 2, 2010
2. Site Plan, Landscape Plan and Building Elevations received December 2, 2010
The official record for this project is hereby incorporated and made part of this resolution.
The record includes the Staff Reports, Minutes, Application Materials, and all comments
and materials received at the public hearing.
B. The Planning Commission held a duly-noticed public hearing on January 12, 2011, and
heard and considered testimony from interested persons.
C. The Planning Commission has found that the project is exempt from the requirements of
the California Environmental Quality Act per Section 15301 of the CEQA Guidelines.
D. The Planning Commission has found, based upon the application materials and analysis
provided in the January 12, 2011 Staff Report, that the project, as conditioned, is
TIBURON PLANNING COMMISSION RESOLUTION NO. 2011-(DRAFT) JANUARY 12, 2011 1
:H1B1T NO. 3
consistent with the Tiburon General Plan and is in compliance with applicable sections of
the Tiburon Zoning Ordinance, specifically Section 16-52.040 (D), and other applicable
regulations. The proposed drug store and pharmacy is listed as a preferred use for
Downtown Tiburon in the Downtown Element of the Tiburon General Plan and would be
a resident-serving land use as encouraged by Policy No. DT-2 of the Downtown Element.
The Planning Commission also determines that the public convenience and necessity
would be served by the sale of alcoholic beverages by this store for consumption off the
premises due to the few opportunities for such sales within the Tiburon town limits.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the Town of
Tiburon does hereby approve the Conditional Use Permit (File #11005), to operate a drug store
and pharmacy, with a minor building addition, located at 1599 Tiburon Boulevard, subject to the
following conditions of approval:
The use shall operate in substantial conformance with the Operational Statement
(3 pages) as submitted by the applicant, attached hereto as Exhibit "A" and
incorporated herein. This includes the sale of alcoholic beverages for
consumption off the premises. Any substantial modification of the approved use,
as determined in the reasonable discretion of the Director of Community
Development, shall require an amendment to this use permit.
2. Hours of operation, including the drive-through pharmacy, shall be from 7:00 a.m.
to 10:00 p.m., seven days a week.
3. Truck deliveries shall be limited to the hours of 7:00 a.m. to 10:00 p.m. on
weekdays and 8:00 a.m. to 10:00 p.m. on weekends and holidays.
4. A minimum of 72 on-site parking spaces shall be provided for the use and shall be
maintained at all times. This parking requirement shall supersede the parking
requirements approved by the Marin County Board of Supervisors in 1963.
5. The 1,800 square foot space for a future tenant may be used for small-item retail
sales purposes only in reliance on this conditional use permit. Occupancy of this
space by a different type of use shall require a separate conditional use permit.
6. Site Plan & Architectural Review approval shall be required for all exterior
modifications and site improvements. At that time, the applicant shall be required
to address the gaps in the exterior of the building between the foundation and the
adjacent planters and parking lot, and demonstrate substantial conformance with
the Downtown Tiburon Design Handbook and its Site Furnishings Supplement.
TIBURON PLANNING COMMISSION RESOLUTION NO. 2011-(DRAFT) JANUARY 12, 2011 2
EXHIBIT NO. 3
7. The installation of any signs shall require a Sign Permit pursuant to Chapter 16A
of the Tiburon Municipal Code.
The applicant shall comply with all applicable regulations of the State of
California Alcoholic Beverage Commission (ABC), the Marin County Health
Department, the Marin Municipal Water District, Sanitary District No. 5, and the
Tiburon Fire Protection District.
9. The unpermitted contractor's storage yard at the rear of the building shall be
discontinued immediately. The dilapidated fencing along the rear property line
shall be replaced with a solid (block-type) wall to provide a better noise buffer for
the adjacent Point Tiburon Marsh residents.
10. The Town reserves the right to amend or revoke this Conditional Use Permit for
cause, in accordance with adopted regulations of the Town.
11. This Conditional Use Permit approval shall become null and void if the approved
use has not commenced within one (1) year of final approval, unless an extension
is approved.
12. If this approval is challenged by a third party, the property owner/applicant will be
responsible for defending against this challenge. The property owner/applicant
agrees to defend, indemnify and hold the Town of Tiburon harmless from any
costs, claims or liabilities arising from the approval, including, without
limitations, any award of attorney's fees that might result from the third party
challenge.
PASSED AND ADOPTED at a regular meeting of the Planning Commission on January
121 20111 by the following vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
CATHY FRYMIER, CHAIR
TIBURON PLANNING COMMISSION
ATTEST:
SCOTT ANDERSON, SECRETARY
\sbared\Planning\Planning Commission\Resolutions\201 1\1 599 Tiburon Boulevard. C UP.draft reso.doc
TIBURON PLANNING COMMISSION RESOLUTION NO. 2011-(DRAFT) JANUARY 12, 2011
eHIBIT NO.
3
SMOKE FREE MARIN COALITION
c/o 750 Lindaro Street, Suite 120, San Rafael, CA 94901
December 15, 2010
Dear Mayor & Council Members:
The Smoke-Free Marin Coalition is committed to protecting our community from undue exposure to the
harms of tobacco smoke and tobacco products. The County Sheriff conducted compliance checks
during calendar year 2010 and sadly FOUR (4) CVS pharmacies and TWO (2) Rite Aid
pharmacies sold tobacco products to underage youth in the county. It has now come to our attention
that a new CVS pharmacy will be opening in the Town of Tiburon, bringing with it another tobacco
retailer into our community. It is well-known that a store such as CVS is frequented by both youth' and
adults on a regular basis for health and pharmaceutical needs as well as food, toys, and school supplies.
Unfortunately, CVS also sells a wide variety of cigarettes and tobacco products which are prominently
displayed behind the checkout counter which both adult and youth customers can see.
The presence of tobacco products at a store so integral to our community is a hazard. This presents both
a source of youth access to tobacco products as well as a form of in-store advertising of tobacco
products. Although Marin County has an active and somewhat successful campaign with the Sheriff's
Department to conduct compliance checks some stores continue to both sell tobacco products to youth
and are not vigilant in requesting proper identification. In addition, exposure to tobacco products makes
youth more likely to try tobacco products while also increasing the chances that adult smokers who quit
will restart. Every day, nearly 4,000 children under 18 years of age smoke their first cigarette and almost
1,500 children under 18 years of age begin smoking daily. Moreover, CVS' sale of tobacco products
goes against its role in our community as a store focused on our health and well-being.
In response to this concern, we are asking you and the Tiburon Town Council to request that CVS not
sell tobacco products at their store or at least store cigarettes in a location that is out of sight to our
youth. Currently San Francisco does not allow pharmacies to sell tobacco products and is likely to gain
momentum in Marin in the near future. The Smoke-Free Marin Coalition hopes that Town of Tiburon
will recognize these public health threats and act today to protect our community in response.
Sincerely,
Jennie Cook
:r Smoke-Free Marin Coalition
Smoke-Free Marin Coalition
c/o 750 Lindaro Street,
Suite 120
San Rafael, Ca 94901
Visit us at htto://www.smokefreemarin.com/
EXHIBIT NO.I -
Page 1 of 1
44,
LATE MAIL
Dan Watrous }
From: Terry Hennessy [tennessy@conservationcorpsnorthbay.org]
Sent: Monday, January 10, 2011 12:26 PM
To: Dan Watrous
Cc: mjscippa@gmail.com; kjamws29@sbcglobal.net; nealtoft@comcast.net; weibeldledds@yahoo.com
Subject: CVS Pharmacy
Dear Dan:
Please share my- objections to a drive through window at the proposed CVS Pharmacy at Beach
Road with the Planning Commission.
The intersection of Marsh Road and Beach Road is very difficult for residents to turn left
(especially since the hedges along the Bank of America parking lot have grown so thick and tall)
into Marsh Road. Creating more traffic in that area will exacerbate the existing problem. There
is very little sight clearance and cars travel fast down the hill into the curve. Anyone turning in
or out of the parking lot on the East side of the site would. have the same difficulty but not be as
cautious as residents of Marsh Road have become.
In addition, there is no need for a drive through for a pharmacy in downtown Tiburon. Parking is
readily accessible, and it is an environmental problem to have cars idling while waiting for
service.
Since the Point Tiburon Marsh Property Owners Association is located so closely to the
proposed building, I am asking that all outdoor lighting be shielded to avoid light falling onto our
property (similar to that used at the Tiburon :Peninsula Club). The residents would also
appreciate at 9 p.m. closing time. No other businesses (except for restaurants) are open that late
in downtown Tiburon.
Sincerely,
Terry Hennessy
Assistant to Chief Executive Officer
Conservation Corps North Bay
27 Larkspur Street
San Rafael, CA 94901
415-454-4554 x 292
415-884-3522 Fax
then nessy(q-?conservationcorps north bav.org
http://www.conservationcorpsnorthbay.org
Please consider the environment before printing this e-mail.
1/10/2011
Dan Watrous UTE MAIL 4" PZ ~
From:
Jackie Brown Opiat [brownopiat@gmai1.com]
Sent:
Monday, January 10, 2011 1:30 PM
To:
Dan Watrous
Subject:
CVS in Tiburon
I am a resident at 13 Marsh Rd, Tiburon.
The new CVS drive thru window is not a good idea! For so many
reasons that I shall state here.
Firstly the the cars that shall be idling along Beach Road will be
noise and more pollution than we need. As for me personally, my
bedroom is on the CVS side and I often need to be asleep very early due to work and do not
wish to hear the cars nor have the pollution as
I TRY to sleep. Then there is also the fact that many people have
their radios on too loud in their cars.
The lights from headlights shining into our condos would not be pleasant either.
As a nation, we need to have more exercise, not less, and to walk the short distant into
the CVS would probably do more for people's health than sitting in their cars
I also object to the extended roof for the drive up. We do not need
any more bulk to the building.
We here in the condos are very worried by the increase of traffic on Beach road for safety
reasons and not to mention the values going further down due to all of the above!
This drive up window is not necessary. CVS survives quite well in
MANY other areas WITHOUT a drive up window.
I have heard that CVS has requested 24 hour operation. Please do not
do this to our lovely little town. NOT necessary!
Please also restrict the truck delivery times. This also includes
the trucks sitting there waiting to deliver. Apparently they would
like to deliver up to 1OPM even on weekends. Too often in the past
there have been trucks idling there too early in the AM. Now to
think we may also have them at night as well as weekends! Again
there are the fumes and noise that we here on Marsh Road have to contend with deliveries.
I am not at the meeting to contest the drive thru window or the 24 hour operation as I
shall be out of town, so PLEASE take into consideration my complaints as they are very
valid and speak for the other residents of Marsh Road.
Thank you, Jackie Brown 13 Marsh Rd., Tiburon
1
Page 1 of 1
Connie Cashman LATE-MAIL-9--a
From: Gary Fitzgerald [garyjfitz@comcast.net]
Sent: Monday, January 10, 2011 4:17 PM
To: Dan Watrous
Cc: rctib2@gmail.com; Mayor, Jeff Slavitz; Vice Mayor, Jim Fraser; askalicenow@usa.net; Councilmember
Emmett O'Donnell; Laurie Tyler; Connie Cashman; Peggy Curran; adannfoorth@ci.tiburon.ca.us
Subject: CVS
Hello Dan,
I was surprised to hear that the Planning Commission intends to continue with a vote tomorrow regarding
the CVS Pharmacy. I understand you know that any of us never received an announcement of the
planned use of this property. As a Board Member of Point Tiburon Marsh and Marsh Road homeowner, I
did not and know of no one who received this notification.
As homeowners, we have many concerns.
Thank you, Gary
1/10/2011
Fwd: CVS Drive-thru Window to be Approved this Wed.
Dan Watrous
From: Cres Van Keulen [cres@vkam.com]
Sent: Monday, January 10, 2011 9:25 PM
To: Dan Watrous
Subject: Fwd: CVS Drive-thru Window to be Approved this Wed.
Date: Mon, 10 Jan 2011 18:26:19 -0800 (PST)
From: sylvia vall <sylviavall@yahoo.com>
Subject: Fw: CVS Drive-thru Window to be Approved this Wed.
Dear Cres,
Page 1 of 2
I agree not to have that for all the below reasons. However I will be at Kaiser for surgery
removal of tumor I may not be back in time Can you print this and show as evidence to voice my
concern
Regards
Sylvia Vall
5 Marsh Road
Forwarded Message
From\: Cres Van Keulen <cres@vkam.com>
To: cres@vkam.com
Sent: Mon, January 10, 2011 12:33:15 PM
Subject: CVS Drive-thru Window to be Approved this Wed.
Dear Fellow Residents,
Did you know that the new CVS Pharmacy that will open in the old Delano's market will
have a drive-through window open from 7:00 AM to 10:00 PM?
Town staff plan to ask the Planning Commission to approve the CVS application this Wednesday
night! They have received no objections from any Marsh Rd residents... most of us did not
receive the legally required notice.
VOICE YOUR CONCERNS - ATTEND THE MEETING!
Wednesday, January 12 - 7:30 PM
Tiburon Town Hall
Review the attached Staff Report on CVS and agenda.
Drive Thru Window Concerns - it would parallel Beach Rd
. Increased commercial activity = reduced property values.
1/11/2011
Fwd: CVS Drive-thru Window to be Approved this Wed.
Page 2 of 2
• Noise from the audio speakers and idling cars
. Exhaust from idling cars (4 spaces proposed)
• Car headlights pointing towards our condos and lights from the pharmacy window.
• 24 hour operation requested by CVS - staff recommends 7:00 am to 10:00 PM at night!
• Many more cars exiting onto Beach Red near Marsh intersection, which is already a dangerous
intersection for both cars and pedestrians
• 8 new parallel parking spaces on Beach Rd will further compound traffic danger and inhibit views
and visibility
• New Porte-cochere (extended roof) structure will increase building bulk
• A drive-up window is a convenience, not a necessity. CVS Pharmacy does not have drive-up
windows in Mill Valley or Greenbrae stores.
•
Other CVS Pharmacy concerns:
• CVS request for 24 hour operation
• New lighting may impact Pt. Tiburon Marsh
• Landscaping and Fence Upgrade will impact Pt. Tiburon Marsh
• Building maintenance - former tenant's compressor was noisy - replaced?
• Truck Delivery Times - proposed times are up to 10:00 PM including weekends!
Can't attend the meeting? Email your concerns to dwatrousnci.tiburon.ca.us or call Dan Watrous
at 435-7393. Copy me at cres@vkam.com
Here's to good neighbors! >:D<
- Cres
Cres Van Keulen
415/435-0206
cres@vkam.com
1/11/2011
Dan Wa„ou= LATE MAIL# 02
From:
Terry Hennessy [terrysjewelry@me.com]
Sent:
Tuesday, January 11, 2011 8:51 PM
To:
Dan Watrous
Cc:
Cres Van Keulen
Subject:
CVS deliveries
Dan
How late were Safeway and Delano open? We never had deliveries late at nite. Residents in
the hills above TPC will also hear the noise as it travels upwards.
My condo is directly behind the loading dock My grandkids visit often and go to bed at 8
pm. There is no way I'll tolerate loud noise after that hour. Why does the new company
want to aggravate their new neighbors? I've lived here for 23 years without a problem.
All deliveries need to be completed by 8 pm. I believe the construction ordinance ends
earlier for the same reason; so the noise doesn't bother neighbors. I was unaware of this
problem when I wrote my earlier note.
Our area and the entire downtown is very quiet by sunset
I will try to be there Wednesday nite but please give this message to the Commissioners
Terry Hennessy
Sent from my iPhone
1
http://www.abc.ca.gov/datport/AHCityRep.asp
LATE MAIL', Z
California Department of Alcoholic Beverage Control
For the city of TIBUROW (Retail Licenses)
Report as of 1/12/2011
License
Status
License
Orig. Iss.
Expir
Primary Owner and Business Name
Mailing
Geo
Number
Type
Date
Date
Premises Addr
Address
Code
1)
449905
SUREND
21
3/7/2007
2/28/2011
DELANO RETi~It DELANO IGA
1177E
2111
PARTNERS.L'LC MARKET
FRANCISCO
1 BLAC~KFIELD DR
BLVD, STE B
TIBUON, CA 94920-2053
SAN RAFAEL, CA
94901-5403
Census Tract: 1241.00
2)
367236
ACTIVE
47
8/3/2000
1/31/2011
MILANO, RUGGERO MILANO
2111
1 BLACKFIELD DR, STE B RESTAURANT
TIBURON, CA 94920-20'3
Census Tract: 1241.00
3)
293973
ACTIVE
41
4/25/1995
3/31/2011
URBAN PARK
2150 MAIN ST,
2111
CONCESSIONAIRES
STE 5
ANGEL ISLAND STATE
RED BLUFF, CA
PARK
96080
TIBURON, CA 94920
Census Tract: 1242.00
4)
405361
ACTIVE
41
12/8/2003
11/30/2011
AKSERVINO LLC CAFFE ACRI
2111
1 MAIN ST
TIBURON, CA 94920
Census Tract: 1242.00
5)
423654
ACTIVE
41
5/10/2005
4/30/2011
ALMENDARES, CARLOS CASA MANANA
711 D ST
2111
ALFONSO
SAN RAFAEL, CA
110 MAIN ST
94901
TIBURON, CA 94920
Census Tract: 1242.00
6)
501805
ACTIVE
41
10/12/2010
9/30/2011
DON ANTONIO DON ANTONIO
33 MARINERS
2111
8:23:34 AM
TRATTORIA INC TRATTORIA
CIR
114 MAIN ST
SAN RAFAEL, CA
TIBURON, CA 94920-2510
94903-5102
Census Tract: 1242.00
7}
33 6117
ACTIVE
41
11/10%1997
7/31/2011
WAYPOINT PIZZA WAYPOINT PIZZA
PO BOX 1085
2111
15 MAIN ST CO
TIBURON, CA
TIBURON, CA 94920
94920
Census Tract: 1242.00
8)
71597
ACTIVE
47
4/25/1979
7/31/2011
SAMS ANCHOR CAFE SAMS ANCHOR
2111
L-PSHIP CAFE
27 MAIN ST
TIBURON, CA 94920
Census Tract: 1242.00
9)
482291
ACTIVE
41
6/22/2010
12:34:13 PM
5/31/2011
MARKSAM I e--- ISTRO 35
35 MAI
TI ON, CA 94920-2507
2111
1 of 3 1/12/11 3:02 PM
http://www.abc-ca.-,ov/datport/AHCityRep.asp
C-ensus Tract: 1242.00
/
10)
505101
ACTIVE
41
12/13/2010
11/30/20 I
SALT & PEPPER
4ALT & PEPPER
394 SHORELINE
2111
8:25:31 AM
RESTAURANT LLC
RESTAURANT
HWY
38 MAIN ST
MILL VALLEY, CA
`TI8URON-,-CA94920-2508
94941-3870
Ce s-TraGt-424'200
11)
450010
ACTIVE
41
3/12/2007
2/28/2011
CHHKINC
GINZASUSHI
2111
41 MAIN ST
TIBURON, CA 94920-2555
Census Tract: 1242.00
12)
9124
ACTIVE
51
1/31/1956
4/30/2011
CORINTHIAN YACHT
CORINTHIAN YACHT
2111
CLUB
CLUB OF SAN
43 MAIN ST
FRANCISCO
TIBURON, CA 94920
Census Tract: 1242.00
13)
468724
ACTIVE
47
11/12/2008
12/31/2011
TIBURON VISTA
GUAYMAS
8191 E KAISER
2111
RESTAURANT
BLVD
CORPORATION
ANAHEIM, CA
5 MAIN ST
92808-2214
TIBURON, CA 94920-2507
Census Tract: 1242.00
14)
465836
ACTIVE
42
5/29/2008
1/31/2011
PRIMA PALATE INC
PRIMA PALATE
2111
84 MAIN ST
TIBURON, CA 94920-2508
Census Tract: 1242.00
15)
347096
ACTIVE
47
12/30/1998
11/30/2011
SERVINO VENTURE II
SERVINOS
2111
LLC
RISTORANTE
9 MAIN ST
TIBURO.N,-.CA 94920°.
Census Tract: 1242.00
16)
359934,
ACTIVE
54
6/9/2000
5/31/201'1
ANGEL ISLAND TIBURON'
TAMALPAIS
PO BOX 1231
2111
FERRY INC
TIBURON, CA
21 MAIN ST BERTH 1 f
94920-4231
N,
TAMALPAIS '
'
TIBURON, CA 94920
Cen bus"Tract;
1242..00
,
17)
359931
ACTIVE
54
6/9/2000
5/31/2011
Af'VGEL ISLAND TIBURON
ANGEL ISLAND
PO BOX 1231
2111
MERRY INC
TIBURON, CA
1 MAIN ST BERTH 2
2
94920-4231
L
NGEL ISLAND
J
A
!
TIBURON, CA 94920
Census Tract:.124.00
18)
4168
ACTIVE
51
12/6/1955
8/31/2011
TIBURON PENINSULA
TIBURON
PO BOX 436
2100
CLUB
PENINSULA CLUB
TIBURON, CA
1600 MAR WEST ST
94920
TIBURON, CA 94920
Census Tract: 1242.00
19)
319790
ACTIVE
47
7/29/1996
6/30/2011
POINT TIBURON PLAZA
CAPRICE THE
2111
INC
2000 PARADISE DR
TIBURON, CA94920
2 of 3 1/12/11 3:02 PM
http://www.abc.ca.gov/datport/AHCityRep.asp
I I
I
I
I
I
I
Census Tract: 1242.00 (
I
I
20)
387485
ACTIVE
20
7/19/2002
6/30/2011
BLUEROCK VINEYARD
BLUEROCK
2111
LLC
VINEYARD
75 SPRING LN
/ f1~Q f
✓
t
TIBURON, CA 94920
i
644
Census Tract: 1242.00
21)
180520
ACTIVE
21
1/21/1986
10/31/2011
BLUE & GOLD
BOARDWALK
2111
INVESTMENTS INC
MARKET
1550 TIBURON BLVD
TIBURON, CA 94920-2564
Census Tract: 1230.00
22)
340002
ACTIVE
41
4/20/1998
3/31/2011
JAMES L CALLAN &
SHARKS DELI
2111
SONSINC
1600 TIBURON BLVD
TIBURON, CA 94920
Census Tract: 1242.00
23)
413689,
ACTIVE
47
7/8/2004
6/30/2011
LARKSPUR BEVCO LLC
TIBURON LODGE
2111
1651 TIBURON BLVD
TIBURON, CA 94920
Census Tract: 1242.00
24)
203033
ACTIVE
41
6/25/1987
3/31/2011
CHE, CHENG KUO
DYNASTY
1881 TIBURON
2111
1801 TIBURON BLVD
RESTAURANT THE
BLVD
TIBURON, CA 94920
TIBURON, CA
94920
Census Tract: 1242.00
25)
24555
ACTIVE
51
4/20/1970
5/31/2011
BELVEDERE TENNIS
BELVEDERE TENNIS
PO BOX 515
2111
CLUB
CLUB
BELVEDERE, CA
700 TIBURON BLVD
94920
TIBURON, CA 94920
Census Tract: 1242.00
26)
442640
ACTIVE
20
9/28/2006
8/31/2011
CASEY FLAT ESTATES
LLC
1660 TIBURON BLVD,
STE D
TIBURON, CA 94920-2540
Census Tract: 1242.00
CASEY FLAT
ESTATES
2111
27)
367661
ACTIVE
51
10/2/2000
4/30/2011
TIBURON YACHT CLUB
TIBURON YACHT
PO BOX 1247
2100
400 TRINIDAD DR
CLUB
TIBURON, CA
TIBURON, CA 94920
94920
Census Tract: 1241.00
End of Report---
For a definition of codes, view our glossary.
3 of 3 1/12/11 3:02 PM
RECORDING REQUESTED
WHEN RECORDED, RETURN TO:
Tiburon Planning Division
1505 Tiburon Boulevard
Tiburon, CA 94920
Attn: Daniel M. Watrous
RESOLUTION NO. 2011-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
APPROVING A CONDITIONAL USE PERMIT
TO OPERATE A DRUG STORE AND PHARMACY AT 1599 TIBURON BOULEVARD
ASSESSOR PARCEL NOS. 058-171-89 & PORTION OF 058-171-88
WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows:
Section 1. Findings.
A. The Planning Commission has received and considered an application for the operation of
a drug store and pharmacy (CVS/pharmacy) within an existing commercial building
located at 1599 Tiburon Boulevard (File #11005). The conditional use permit is required
for: 1) a change in use from a supermarket to a drug store/pharmacy with liquor sales; 2)
the construction of a 90 square foot building addition; and 3) modification of parking
requirements established in the original 1963 conditional use permit for this building. The
application consists of the following:
1. Application Form, Operational Statement and supplemental materials received
December 2, 2010
2. Site Plan, Landscape Plan and Building Elevations received December 2, 2010
The official record for this project is hereby incorporated and made part of this resolution.
The record includes the Staff Reports, Minutes, Application Materials, and all comments
and materials received at the public hearing.
B. The Planning Commission held a duly-noticed public hearing on January 12, 2011, and
heard and considered testimony from interested persons.
TIBURON PLANNING COMMISSION RESOLUTION NO. 2011-02 JANUARY 12, 2011 1
T ID TT NO.
C. The Planning Commission has found that the project is exempt from the requirements of
the California Environmental Quality Act per Section 15301 of the CEQA Guidelines.
D. The Planning Commission has found, based upon the application materials and analysis
provided in the January 12, 2011 Staff Report, that the project, as conditioned, is
consistent with the Tiburon General Plan and is in compliance with applicable sections of
the Tiburon Zoning Ordinance, specifically Section 16-52.040 (D), and other applicable
regulations. The proposed drug store and pharmacy is listed as a preferred use for
Downtown Tiburon in the Downtown Element of the Tiburon General Plan and would be
a resident-serving land use as encouraged by Policy No. DT-2 of the Downtown Element.
The Planning Commission also determines that the public convenience and necessity
would be served by the sale of alcoholic beverages by this store for consumption off the
premises due to the few opportunities for such sales within the Tiburon town limits.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the Town of
Tiburon does hereby approve the Conditional Use Permit (File #11005), to operate a drug store
and pharmacy, with a minor building addition, located at 1599 Tiburon Boulevard, subject to the
following conditions of approval:
1. The use shall operate in substantial conformance with the Operational Statement
(3 pages) as submitted by the applicant, attached hereto as Exhibit "A" and
incorporated herein. This includes the sale of alcoholic beverages for
consumption off the premises. Any substantial modification of the approved use,
as determined in the reasonable discretion of the Director of Community
Development, shall require an amendment to this use permit.
2. Hours of operation for the drug store and pharmacy shall be from 7:00 a.m. to
10:00 p.m., seven days a week. Hours of operation for the drive-through pharmacy
shall be from 8:00 a.m. to 8:00 p.m., seven days a week.
3. Truck deliveries shall be limited to the hours of 8:00 a.m. to 6:00 p.m., seven days
a week.
4. The drive-through pharmacy shall be limited to one lane of traffic.
5. A minimum of 72 on-site parking spaces shall be provided for the use and shall be
maintained at all times. This parking requirement shall supersede the parking
requirements approved by the Marin County Board of Supervisors in 1963.
TIBURON PLANNING COMMISSION RESOLUTION NO. 2011-02 JANUARY 12, 2011
6. The 1,800 square foot space for a future tenant may be used for small-item retail
sales purposes only in reliance on this conditional use permit. Occupancy of this
space by a different type of use shall require a separate conditional use permit.
7. Site Plan & Architectural Review approval shall be required for all exterior
modifications and site improvements. At that time, the applicant shall be required
to address the gaps in the exterior of the building between the foundation and the
adjacent planters and parking lot, and demonstrate substantial conformance with
the Downtown Tiburon Design Handbook and its Site Furnishings Supplement.
8. The installation of any signs shall require a Sign Permit pursuant to Chapter 16A
of the Tiburon Municipal Code.
9. The applicant shall comply with all applicable regulations of the State of
California Alcoholic Beverage Commission (ABC), the Marin County Health
Department, the Marin Municipal Water District, Sanitary District No. 5, and the
Tiburon Fire Protection District.
10. The unpermitted contractor's storage yard at the rear of the building shall be
discontinued immediately. The dilapidated fencing along the rear property line
shall be replaced with a solid (block-type) wall to provide a better noise buffer for
the adjacent Point Tiburon Marsh residents.
11. The Town reserves the right to amend or revoke this Conditional Use Permit for
cause, in accordance with adopted regulations of the Town.
12. This Conditional Use Permit approval shall become null and void if the approved
use has not commenced within one (1) year of final approval, unless an extension
is approved.
13. If this approval is challenged by a third party, the property owner/applicant will be
responsible for defending against this challenge. The property owner/applicant
agrees to defend, indemnify and hold the Town of Tiburon harmless from any
costs, claims or liabilities arising from the approval, including, without
limitations, any award of attorney's fees that might result from the third party
challenge.
TIBURON PLANNING COMMISSION RESOLUTION NO. 2011-02 JANUARY 12, 2011
PASSED AND ADOPTED at a regular meeting of the Planning Commission on January
12, 2011, by the following vote:
AYES: COMMISSIONERS: FRYMIER, DOYLE, KUNZWEILER AND TOLLINI
NOES: COMMISSIONERS: CORCORAN
ABSENT: COMMISSIONERS: NONE
/s/ Cathy Frymier
CATHY FRYMIER, CHAIR
TIBURON PLANNING COMMISSION
ATTEST:
SCOTT ANDERSON, SECRETARY
\shared\Planning\Planning Commission\Resolutions\2011\2011-02; 1599 Tiburon Boulevard CUP.doc
TIBURON PLANNING COMMISSION RESOLUTION NO. 2011-02 JANUARY 12, 2011 4
I E C E ~ V E I
„AN 2 4 2011
TOWN CLERK
TOWN OF TIBURON
TO" OF
TIBURON NOTICE OF APPEAL
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920 Phone 415-435-7373
www. ci. ti boron. ca. us
APPELLANT(S)
(Attach additional pages if necessary)
Name: Bill McDermott, Armstrong Development Properties, Inc.
Mailing Address: 1375 Exposition Blvd., Suite 101 Sacramento, CA 95815
Telephone: 916-643-9610 (Work)
(Home)
FAX and/or e-mail
(optional): wmcdermott a oc.com
ACTION BEING APPEALED
Review Authority Whose Decision is Being Appealed: Planning Commission
Date of Action or Decision Being Appealed: Janua 12, 2011
Name of Applicant: Armstrong Development Properties, Inc.
Type of Application or Decision: Conditional Use Permit
GROUNDS FOR APPEAL
(Attach additional pages if necessary)
Please see attached letter dated January 24, 2011 from Holland & Knight on behalf of
Armstrong Development Properties, Inc.
T gT T'71 NTo, .
i_ _ _
STAFF USE ONLY BELOW THIS LINE
Last Day to File Appeal:
Fee Paid: s~ Receipt No. ,
Date Appeal Filed: 2 C/` /I/
Date of Appeal Hearing:
NOTE: Current Filing Fee is $500 initial deposit for applicant and $300 flat fee for non-applicant
S.• IAdministrationTbrmsWotice of Appeal form revised 3-9-2010.doc Revised March 2010
l '
'r
Holland & Knight
50 California Street, Suite 2800 1 San Francisco, CA 94111 1 T 415.743.6900 1 F 415.743.6910
Holland & Knight LLP I www.hklaw.com
Amanda J. Monchamp
(415) 743-6947
amanda.monchamp@hklaw.com
January 24, 2011
Via E-mail (dcrane@ci. tiburon. ca. us)
and Messenger
Diane Crane-Iacopi
Town Clerk
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Re: Appeal of Planning Commission's January 12, 2011 approval of the Conditional Use
Permit to Operate a Drug Store and Pharmacy at 1599 Tiburon Boulevard.
Dear Ms. Crane-Iacopi
We represent Armstrong Development Properties, Inc. ("Armstrong"), the developer for
the proposed CVS/pharmacy located at 1599 Tiburon Boulevard in the Town of Tiburon (the
"Town"). The purpose of this letter is to set forth the grounds for Armstrong's appeal of the
Planning Commission's January 12, 2011 approval of the Conditional Use Permit to operate the
proposed CVS/pharmacy.
Armstrong was pleased that the Planning Commission approved the Conditional Use
Permit for the proposed CVS/pharmacy. However, Armstrong objects to three conditions of
approval set forth in the Planning Commission's Resolution No. 2011-02 for the Conditional Use
Permit, attached hereto as Exhibit A. Additionally, Armstrong has hired consultants to perform
noise and light studies to evaluate the drive-through impacts on neighboring properties. These
studies should be completed this week and will be submitted to the Town as materials to support
this appeal.
First, Armstrong would like to amend the second condition of approval listed in
Resolution No. 2011-02 concerning the hours of drive-through pharmacy operations. The hours
of operation for the drive-through pharmacy are limited from 8:00 a.m. to 8:00 p.m., seven days
a week. However, the CVS/pharmacy store hours will be from 7:00 a.m. to 10:00 p.m., seven
Atlanta I Bethesda I Boston Chicago Fort Lauderdale I Jacksonville I Lakeland I Los Angeles I Miami I New York
Northern Virginia I Orlando Portland San Francisco I Tallahassee I Tampa I Washington, D.C. I West Palm Beach
Diane Crane-Iacopi
January 24, 2011
Page 2
days a week. Armstrong would like to extend the drive-through pharmacy hours to match the
store hours from 7:00 a.m. to 10:00 p.m., seven days a week.
Based on photographs taken from the proposed drive-through site looking toward
neighboring properties and from neighboring properties looking back at the drive-through site,
attached hereto as Exhibit B, it is clear that the existing trees adequately screen the drive-through
from the Point Tiburon Marsh condominiums located on Marsh Road. The distance from the
drive through to the condominiums is at least 200 feet since the road and parking lot is located
between the condominiums and the existing trees and the proposed CVS/pharmacy.
The condominiums are more likely to be impacted by light from vehicles entering and
leaving its own parking lot than vehicles utilizing the drive-through. Additionally, the pending
noise and light studies will provide more data to show there will not be impacts from the drive-
through facility on surrounding properties. It is also important to note that the site plan for the
proposed CVS/pharmacy has been revised, relocating the drive-through approximately 5 feet
further away from the adjacent properties than originally proposed. This redesign of the site
provides a greater opportunity for additional screening of the drive-through with the addition of a
10 foot wall that will extend from the corner of the building. This wall, combined with Town
Staff s recommended 8 foot solid (block-type) wall to replace the existing wood fence along the
rear property line will reduce any noise or light impacts on the adjacent properties.
It is important to CVS/pharmacy's business model to have the drive-through operate
during the store's normal business hours. It is likely that the Town's citizens will wish to utilize
the convenience of the drive-through pharmacy during the early and late hours of the store's
operations. In particular, it is CVS's customers who are elderly, sick, injured or new parents that
most frequently use the drive through pharmacy and the morning and evening hours are
especially important to provide drive through service.
Second, Armstrong would like to amend the fourth condition of approval listed in
Resolution No. 2011-02 limiting the drive-through pharmacy to one lane of traffic. As was
originally proposed, Armstrong would like two lanes of traffic for the drive-through pharmacy.
Two lanes will more efficiently serve the Town's citizens and reduce vehicle congestion and
idling times at the drive-through. This will avoid any stacking of cars into the parking area and
ensure unrestricted vehicle and pedestrian circulation. The same concerns expressed regarding
the hours of operation related to light and noise effects on the condominiums was the basis for
this restriction. As stated above, the drive through will not cause light or noise impacts and there
is no basis to limit the drive through to one lane.
Third, Armstrong would like to amend the third condition of approval listed in Resolution
No. 2011-02 restricting truck deliveries to the hours of 8:00 a.m. to 6:00 p.m., seven days a
week. Armstrong would like to amend the hours for truck deliveries to be consistent with the
Town's Municipal Code Section 23-19A. This Municipal Code Section prohibits commercial
trucks on certain downtown streets between the hours of 10:00 p.m. and 8:00 a.m. on weekends
#10059902_v4
Diane Crane-Iacopi
January 24, 2011
Page 3
and holidays and 10:00 p.m. and 7:00 a.m. on all other days.' Armstrong does not feel there is
any reason to treat the CVS use differently. The existing building has operated since 1963 as a
grocery store/market (most recently IGA/Delano's Market which closed in 2009) and we have no
reason to believe were subject to requirements other than the hours required by Code. There is
no basis to treat CVS differently. Therefore, Armstrong suggests that the third condition be
revised to limit truck deliveries to the hours of 8:00 a.m. to 10:00 p.m. on weekends and holidays
and 7:00 a.m. to 10:00 p.m. on all other days.
Thank you in advance for your consideration of this appeal. Enclosed, please find the
$500.00 filing fee deposit for the appeal. We respectfully request that the Town Council revise
the three conditions of approval as outlined in this letter. In the meantime, feel free to contact
the undersigned if you have any questions.
Sincerely yours,
HOLLAND & KNIGHT LLP
Am da Moncha
AJM:s 1
cc: Josh Eisenhut, Armstrong Development
Bill McDermott, Armstrong Development
Dan Watrous, Planning Manager
Attachments: Exhibit A, Planning Commission Resolution No. 2011-02.
Exhibit B, Photographs.
' As noted in the Staff Report for the January 12, 2011 Planning Commission meeting, the proposed CVS/pharmacy
site does not include the downtown streets covered by Municipal Code Section 23-19A. However, Staff
recommended that truck deliveries for the proposed CVS/pharmacy comply with Section 23-19A. Even though the
proposed site is not subject to this Section, Armstrong is willing to follow Staffs recommendation of compliance.
#10059902_v4
Exhibit A
Planning Commission Resolution No. 2011-02
RECORDING REQUESTED
WHEN RECORDED, RETURN TO:
Tiburon Planning Division
1505 Tiburon Boulevard
Tiburon, CA 94920
Attn: Daniel M. Watrous
RESOLUTION NO. 2011-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
APPROVING A CONDITIONAL USE PERMIT
TO OPERATE A DRUG STORE AND PHARMACY AT 1599 TIBURON BOULEVARD
ASSESSOR PARCEL NOS. 058-171-89 & PORTION OF 058-171-88
WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows:
Section 1. Findings.
A. The Planning Commission has received and considered an application for the operation of
a drug store and phannacy (CVS/pharmacy) within an existing commercial building
located at 1599 Tiburon Boulevard (File #11005). The conditional use permit is required
for: 1) a change in use from a supermarket to a drug store/pharmacy with liquor sales; 2)
the construction of a 90 square foot building addition; and 3) modification of parking
requirements established in the original 1963 conditional use permit for this building. The
application consists of the following:
1. Application. Form, Operational Statement and supplemental materials received
December 2, 2010
2. Site Plan, Landscape Plan and Building Elevations received December 2, 2010
The official record for this project is hereby incorporated and made part of this resolution.
The record includes the Staff Reports, Minutes, Application Materials, and all comments
and materials received at the public hearing.
B. The Planning Commission held a duly-noticed public hearing on January 12, 2011, and
heard and considered testimony from interested persons.
TIBURON PLANNING COMMISSION RESOLUTION NO, 2011-02 JANUARY 12, 2011 1
C. The Planning Commission has found that the project is exempt from the requirements of
the California Environmental Quality Act per Section 15301 of the CEQA Guidelines.
D. The Planning Commission has found, based upon the application materials and analysis
provided in the January 12, 2011 Staff Report, that the project, as conditioned, is
consistent with the Tiburon General.Plan'and is in compliance with applicable sections of
the Tiburon Zoning Ordinance, specifically Section 16-52.040 (D), and other applicable
regulations. The proposed drug store and pharmacy is listed as a preferred use for
Downtown Tiburon in the Downtown Element of the Tiburon General Plan and would be
a resident-serving land use as encouraged by Policy No. DT-2 of the Downtown Element.
The Planning Commission also determines that the public convenience and necessity
would be served by the sale of alcoholic beverages by this store for consumption off the
premises due to the few opportunities for such sales within the Tiburon town limits.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the Town of
Tiburon does hereby approve the Conditional Use Permit (File #11005), to operate a drug store
and pharmacy, with a minor building addition, located at 1599 Tiburon Boulevard, subject to the
following conditions of approval:
1. The use shall operate in substantial conformance with the Operational Statement
(3 pages) as submitted by the applicant, attached hereto as Exhibit "A" and
incorporated herein. This includes the sale of alcoholic beverages for
consumption off the premises. Any substantial modification of the approved use,
as determined in the reasonable discretion of the Director of Community
Development, shall require an amendment to this use permit.
2. Hours of operation for the drug store and phannacy shall be from 7:00 a.m. to
10:00 p.m., seven days a week. Hours of operation for the drive-through pharmacy
shall be from 8:00 a.m. to 8:00 p.m., seven days a week.
3. Truck deliveries shall be limited to the hours of 8:00 a.m. to 6:00 p.m., seven days,
a week.
4. The drive-through pharmacy shall be limited to one lane of traffic.
5. A minimum of 72 on-site parking spaces shall be provided for the use and shall be
maintained at all times. This parking requirement shall supersede the parking
requirements approved by the Marin County Board of Supervisors in 1963.
TIBURON PLANNING COMMISSION RESOLUTION NO. 2011-02 JANUARY 12, 2011 2
6. The 1,800 square foot space for a future tenant may be used for small-item retail
sales purposes only in reliance on this conditional use permit. Occupancy of this
space by a different type of use shall require a separate conditional use pen-nit.
7. Site Plan & Architectural Review approval shall be required for all exterior
modifications and site improvements. At that time, the applicant- shall be required
to address the gaps in the exterior of the building between the foundation and the
adjacent planters and parking lot, and demonstrate substantial conformance with
the Downtown Tiburon Design Handbook and its Site Furnishings Supplement.
8. The installation of any signs shall require a Sign Pen-nit pursuant to Chapter 16A
of the Tiburon Municipal Code.
9 ~ ~Th~`a i c t-slrall cr~mplywith-all-appiYCable-regulations-o-f-the-State-of
California Alcoholic Beverage Conunission (ABC), the Marin County Health
Department, the Marin Municipal Water District, Sanitary District No. 5, and the
Tiburon Fire Protection District.
10. The unpermitted contractor's storage yard at the rear of the building shall be
discontinued immediately. The dilapidated fencing along the rear property line
shall be replaced with a solid (block-type) wall to provide a better noise buffer for
the adjacent Point Tiburon Marsh residents.
11. The Town reserves the right to amend or revoke this Conditional Use Permit for
cause, in accordance with adopted regulations of the Town.
12. This Conditional Use Permit approval shall become null and void if the approved
use has not commenced within one (1) year of final approval, unless an extension
is approved.
13. If this approval is challenged by a third party, the property owner/applicant will be
responsible for defending against this challenge. The property owner/applicant
agrees to defend, indemnify and hold the Town of Tiburon harmless from any
costs, claims or liabilities arising from the approval, including, without
limitations, any award of attorney's fees that might result from the third party
challenge.
TIBURON PLANNING COMMISSION RESOLUTION NO, 2011-02 JANUARY 12, 2011 3
PASSED AND ADOPTED at a regular meeting of the Planning Commission on January
12, 2011, by the following vote:
AYES: COMMISSIONERS: FRYMIER, DOYLE, KUNZWEILER AND TOLLINI
NOES: COMMISSIONERS: CORCORAN
ABSENT: COMMISSIONERS: NONE
CATHY FRYMIER, CHAIR
TIBURON PLANNING COMMISSION
ATTEST:
SCOTT ANDERSON, SECRETARY
lshared\Planning\Plaruiing CommissionlResolutions12011\2011-02; 1599 Tiburon Boulevard CUP.doc
TIBURON PLANNING COMMISSION RESOLUTION NO. 2011-02 JANUARY 12, 2011 4
Exhibit B
Photographs
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TOWN CLERK
TOWN OF TIBURON
TOWN OF TIBURON
NOTICE OF APPEAL
1505 Tiburon Boulevard
Tiburon, CA 94920.Piione 415-435-7373
ti>>rm. cl. t iburon. caA. tts
APPELLANT(S) ;
(Attach additional pages if necessw),) SEE ADDITIONAL APPELLANTS ATTACHED
Cres Van Keulen
Name:
Mailing Address: 8 Marsh Rd, Tiburon CA
Telephone: 415-435-0206 (Work)
fax: 415-3663255
FAX and/or e-mail (optional):
ACTION BEING APPEALED
Review Authority Whose Decision is Being Appealed: Planning Commission
Date of Action or Decision Being Appealed: January 1 2 , 2 01 1
Name of Applicant: CVS / Pharmacy & Armstrong Development Properties. Inc.
Type of Application or Decision:
(Home)
email: cresgvkam, com
Conditional Use Permit-,::for 1599 Tiburon Blvd
GROUNDS FOR APPEAL
SEE ATTACHED
(Attach additional pages if necessary)
STAFF USE ONLY BELOW THIS LINE
Last Day to File Appeal:
l z y- 8
Date Appeal Filed: 'z
Fee Paid: O Receipt No. C 0
~ Date of Appeal Hearing
C ,k 44E To 0
NOTE: Current Filing Fee is $500 initial deposit for applicant and $300 flat fee for non-applicant l
S:lAdministrationlFormslNotice of Appeal form revised 3-9-2010.doc Revised March 2010 e4v
NO._S5(
94920
APPEAL - Town of Tiburon
Drive-Thru Window - CVS Pharmacy
CUP Application File #11005
APPELLANTS (continued)
(2) Neal Toft
27 Marsh Rd, Tiburon CA 94920
phone 415/717-7894
nealtoft@comcast.net
(3) Terry Hennessy
'7 Marsh Rd, Tiburon CA 94920
phone 415/717-1570
terrysjewelry@comcast.net
(4) Patricia Goss
15 Marsh Rd, Tiburon CA 94920
phone 415/789-5246
patgoss@comcast.net
APPEAL - Town of Tiburon
Drive-Thru Window - CVS Pharmacy
CUP Application File #11005
January 24, 2011
TO: Honorable Mayor Slavitz and Members of the Town Council
RE: APPEAL OF PLANNING COMMISSION DECISION PERMITTING DRIVE-THRU WINDOW
FOR PROPOSED CVS PHARMACY AT 1599 TIBURON BLVD
We live directly behind the proposed CVS Pharmacy and are appealing the January 12, 2011
decision of the Planning Commission to approve the Conditional Use Permit for the CVS Pharmacy
as proposed. We welcome CVS Pharmacy to 1599 Tiburon Blvd! The proposed landscaping will
greatly improve the street frontages; the business will be a good addition to the town economy; and
the pharmacy will be convenient to local residents. We also appreciate the Planning Commission's
limitations on truck delivery hours and store operating hours. However, we are both disappointed
and concerned about the Planning Commission's decision to approve the pharmacy Drive-Thru
window along the Beach Road street frontage. While a Drive-Thru window may be included in CVS
Pharmacy's preferred business model, it must be noted that NONE of the other eight CVS stores in
Marin have a Drive-Thru window.
Per Municipal Code Sections 16-66-020.C(1) and (3), we are appealing the Planning Commission
decision based on the following grounds:
(1) The Public Hearing Process was Fatally Flawed.
(2) The Application Materials are Incomplete for the Purpose of Reviewing the Merits of
the Drive-Thru Window.
(3) The Drive-Thru Window is Inconsistent with the Downtown Element and Circulation
Element of the Tiburon General Plan and the Purposes and Special Considerations of
Section 16-52.040 (Conditional Use Permit).
Details of our Grounds for Appeal are as follows:
(1) HEARING PROCESS FATALLY FLAWED
Hearing Notice Not Received 10 days Prior to Hearing
For most adjacent residents, awareness of the project spread word-of-mouth only a few days before
the hearing. Just prior to the hearing, staff received numerous calls and emails from residents who
complained that they did not receive any written notice from the town, and were unable to review
the proposal, attend the hearing, or submit substantive written comments based upon a thorough
review of the permit proposal. Before the hearing began, staff advised the Planning Commissioners
that there may have been an aberration in the Town's attempt to mail notices prior to the holiday
break. Marsh Road residents in attendance at the hearing stated that they had queried neighbors
but were not able to identify anyone who received a hearing notice. Commissioner John Corcoran
stated that, as an attorney, he usually discounts claims that notices were not received, but in this
situation it appeared to be true. Corcoran suggested that the Commission postpone the hearing in
order to give the neighbors 10 days legal notice in advance of the hearing.
(1)
APPEAL - Town of Tiburon
Drive-Thru Window - CVS Pharmacy
CUP Application File #11005
Although the other Commissioners acknowledged that adequate notice of the hearing had likely not
been provided, they voted to conduct the public hearing and render a decision. It was the
conclusion of these four Commissioners that it was unlikely that adequate notice would result in
additional testimony on issues not already presented. Whether or not this is the case, however,
could not be known without the proper legal notice. This assumption defeats the purpose of a
"public" hearing and denies the rights of Tiburon residents to fully participate in a decision-making
process that will directly affect the quality of life in their neighborhood.
(2) CVS PHARMACY PLANS VAGUE AND INCOMPLETE
Municipal Code Section 16-50-030.A(2) states: Applications shall be full and complete, including all
information required for the presentation of necessary facts for the permanent record and to assist in
determining the merits of the application. The CVS Pharmacy plans for the Drive-Thru window as
presented by the developer were vague and lacked critical data, and therefore provided an
insufficient basis for Planning Commission decisions.
A. Drive-Thru Details - No detailed drawings or specifications for the proposed Drive-Thru
window were presented. The developer's representative could not identify the exact location of
the window on the building or the size of the window. After the hearing, the applicant indicated
that the window is required to have bullet-proof glass and that an intercom is necessary to
communicate with drivers. Drive-thru bank ATMs have significant exterior lighting to deter
crime. Although even more substantial security lighting under the proposed large porte
cochere building extension would likely be required to deter pharmacy burglaries, no lighting
details were provided. These issues of traffic circulation, intercom noise, and nighttime lighting
are of great concern to the immediate neighbors and merit extensive consideration by the
Planning Commission.
B. Site Plan - The developer's site plan did not show Marsh Road or the location of adjacent
condominiums that are located directly behind the proposed CVS Pharmacy. Further, the plan
did not reveal the full travel lanes along Beach Road or the location of the pedestrian crosswalk,
45-degree blind corner, or adjacent Marsh Road driveway. There was no vicinity map or aerial
plan provided to .reveal the relationship of the project to surrounding land uses and
improvements. Lacking this information, the Planning Commission and neighbors were
flummoxed in any attempt to discuss potential hazards or analyze potential design alternatives.
C. Disabled Access - The application was incomplete to determine the necessity of installing a
Drive-Thru window in an area that currently provides building access to the disabled.
D. Market Demand - While the need for a pharmacy in downtown Tiburon has been documented
by the town, there was no objective data presented regarding market demand, competitive
services, or demographics indicating the specific need for a Drive-Thru window. In Southern
Marin, only one Walgreens Pharmacy has a drive-thru window. None of the existing eight CVS
stores in Marin have a Drive-Thru window.
E. Operational Procedures - The commissioners did not request and the developer did not
provide any details about how the proposed Drive-Thru window would operate. Will any non-
prescription products be sold through the window? How many prescriptions are called-in
versus dropped off at the window? Once prescriptions are dropped off, what is the average
wait time until pick-up? If it is 30 minutes, what will the patients do during that time? If
(2)
APPEAL - Town of Tiburon
Drive-Thru Window - CVS Pharmacy
CUP Application File #11005
patients wait in their cars, where will those cars park?
F. Pharmacist Consultation at Pick-up Window - California pharmacy regulations require
licensed pharmacists to counsel patients regarding their prescription medication before
dispensing. Will these consultations take place at the Drive-Thru window? How long is the
wait time for consultation? Is a Drive-Thru pharmacist consultation in the best interests of
Tiburon residents, particularly the frail and elderly? A cursory internet search revealed the
existence of at least one scientific study showing a significant increase in prescription errors at
Drive-Thru windows. "Consumers who pick up their prescription medications at a pharmacy
drive-through window might be jeopardizing their safety in the name of convenience." That's
the opinion of pharmacists themselves, who told researchers they believe the extra distractions
associated with window service contribute to processing delays, reduced efficiency and even
dispensing errors. [Reference: www.consumeraffairs.com/news04/2008/01/rx_drivethru.html]
G. Window Usage Per Hour - The developer's representative said that Drive-Thru windows
generate approximately five to seven cars during the late afternoon peak period. The Planning
Commission did not ask for or receive any written documentation to substantiate these claims.
After the hearing, the developer provided the appellants with the document that was the basis
for their conclusion. The document (attached) is undated and appears to be an internal CVS
memorandum regarding CVS Drive-Thru windows in the Phoenix area. There was no indication
that the "study" was prepared by an independent certified traffic consultant and therefore
lacked all veracity.
H. Window Wait Time Uncertain - There was no discussion or documentation presented
regarding the average wait time for service at CVS Drive-Thru windows. The "study" provided
by the applicant after the hearing suggests few car trips in the peak hour, but identifies queue
lines of up to three vehicles. This suggests some rather long transaction/consultation periods.
Longer wait times and vehicle activity will negatively impact neighboring residences due to
noise, exhaust, and lights from idling cars, and would degrade the tranquil character of the
Beach Road streetscape.
1. No Analysis of Vehicle Movement or Traffic and Pedestrian Safety - A hazardous 45-degree
blind corner, pedestrian crosswalk, and intersection of two streets are within the immediate
vicinity of the driveway exit for the proposed CVS Pharmacy Drive-Thru window. Marsh Road
residents and patrons of the public tennis courts are well aware of the hazards of turning left
onto Marsh Road from Beach Road, or just using the crosswalk, when oncoming vehicles
suddenly round the 45 degree blind corner towards Tiburon Boulevard. Likewise, drivers
exiting Marsh Road must negotiate oncoming traffic from both directions and pedestrians
crossing the Marsh Road entrance and/or crosswalk, as well as delivery vehicles maneuvering
in and out of the adjacent store loading dock. Pedestrian use of this area is quite high, as
walkers travel from Beach Road through Marsh Road and past the marsh wildlife preserve to
Zelinsky Park, the library, and Town Hall. This route attracts the elderly, children, ferry
commuters, joggers, walking groups and numerous dog-walkers. It is also designated as a safe
route to school for children.
The current 1599 Tiburon Blvd. parking lot design minimizes traffic circulation near the
hazardous Beach Rd/Marsh Rd intersection. Any proposal to redirect traffic volumes leaving
the proposed Drive-Thru window onto Beach Road close to the store loading dock, the 45-
degree blind corner, pedestrian crosswalk, and Marsh Road driveway is ill-conceived. The
entire issue of community safety was not addressed in advance of the Planning Commission
(3)
APPEAL - Town of Tiburon
Drive-Thru Window - CVS Pharmacy
CUP Application File #11005
hearing by commission staff or the developer. A formal traffic study by a certified traffic
engineer should be considered to determine whether or not it is safe or advisable to exit the
proposed Drive-Thru near that intersection.
J. No Requirement to Maintain Equipment - The Planning Commission did not require the
applicant to maintain all mechanical equipment in good working condition. In the past,
deteriorating equipment and malfunctioning alarm systems have significantly affected
neighborhood peace and tranquility.
(3) PROPOSED DRIVE-THRU WINDOW IS INCONSISTENT WITH TIBURON GENERAL PLAN,
CIRCULATION ELEMENT, AND FINDINGS FOR CONDITIONAL USE PERMIT APPROVAL
UNDER THE MUNICIPAL CODE
A. Downtown Element of General Plan
Although a pharmacy/drug store is a priority for the area, the proposed Drive-Thru conflicts with
the following goals and policies of the Downtown Element of the General Plan:
• DT-C: To encourage greater pedestrian activity and enjoyment of life in Downtown while
respecting surrounding residential areas (emphasis added).
The Drive-Thru is an auto-centric proposal that will discourage and possibly endanger
pedestrian activity. It will permanently alter the tranquil, residential character along that
stretch of Beach Road and the adjacent residential neighborhood on Marsh Rd.
• DT-5: The quality of residential neighborhoods within and adjacent to Downtown shall be
preserved with regard to unreasonable noise, traffic, visual and other impacts, with the
understanding that such impacts are generated to a greater extent in Downtown commercial
areas than in exclusively residential areas (emphasis added).
A Drive-Thru window will negatively affect the quality of life in the immediate neighborhood by
generating exhaust from idling cars; noise from the pharmacy intercom, idling cars, and car
radios; and light from the porte cochere, car headlights pointing towards Marsh Rd, and
property lighting. While we support the location of CVS Pharmacy at 1599 Tiburon Blvd, the
suggested convenience of the proposed Drive-Thru window for a few people does not outweigh
the overall negative impact on the neighborhood.
• DT-10: Drive-Thru restaurants shall not be permitted and restaurants that primarily offer
fast food and/or take-out service shall be discouraged in Downtown Tiburon (emphasis
added).
While this Element does not specifically mention Drive-Thru pharmacies, it also does not
mention Drive-Thru photo booths, dry cleaners, etc. It seems that the intent of this section is to
discourage both the physical presence of such facilities and the nuisances they emit. The
proposed CVS Pharmacy Drive-Thru window seems inconsistent with the intent of this element
and would set a precedent for other drive-thru commercial enterprises.
Although the presence in downtown Tiburon of two passive drive-thru bank ATMs were cited
as precedents, drive-thru ATMs cannot reasonably be compared to the proposed pharmacy
(4)
APPEAL - Town of Tiburon
Drive-Thru Window - CVS Pharmacy
CUP Application File #11005
Drive-Thru window in terms of operations. The bank ATMs are not staffed and are set-up for
quick transactions, generating insignificant levels of noise or exhaust. In contrast, a staffed
pharmacy Drive-Thru window would have intercom audio speakers and uncontrollable queue
lines and wait times. A more reasonable comparison is the physical aspects of the ATMs and
the proposed pharmacy Drive-Thru window. Like the bank ATMs, the proposed Drive-Thru
window will be a prominent structural addition to the side of the building with significant
security lighting, although on a much greater scale.
• DT-e: Facilitate the long-term improvement of the four corner properties at the intersection
of Tiburon Boulevard and Beach Road and adjacent sites (emphasis added).
If the intent of this element is to improve the character of the downtown area to complement
the high-quality character of Tiburon, the addition of another Drive-Thru would be the wrong
direction for the town. The proposed pharmacy Drive-Thru will set precedence for future
commercial uses in Downtown area.
B. Circulation Element of the General Plan
C-1, the Circulation Element of Tiburon's Downtown Element of General Plan, states Land use
decisions shall take into consideration potential traffic and circulation impacts. As discussed in great
detail on pages 3-4, the Planning Commission did not require adequate information and/or project
modifications to assure compliance with this element.
C. Purposes and Special Considerations for Approval of a Conditional Use Permit
(a) The proposed Drive-Thru facilities are contrary to Purposes 1, 2, and 4 of Municipal Code
Section 16-52.040.13, that states:
1. Determine whether the location proposed for the conditional use is properly related to
the development of the neighborhood or vicinity as a whole;
2. Determine whether the location proposed for the particular conditional use would be
reasonably compatible with the types of uses normally permitted in the surrounding
area;
and
4. Stipulate such conditions and requirements as would reasonably assure that the basic
purposes of this zoning ordinance and the objectives of the general plan would be
served.
As previously discussed, the proposed Drive-Thru window would not be compatible with the
tranquil residential character of the immediate neighborhood and would be contrary to the
goals and policies of the Downtown Element of the General Plan. The Planning Commission did
not require adequate information and/or project modifications to meet these purposes or
special considerations.
(b) The proposed Drive-Thru window is inconsistent with the Special Considerations identified
under Code Section 16-52.040(d) that require the following factors to be considered in
(5)
APPEAL - Town of Tiburon
Drive-Thru Window - CVS Pharmacy
CUP Application File #11005
determining whether or not any conditional use should be permitted in a specific location:
1. The relationship of the location proposed to: a. The service or market area of the use or
facility proposed; b. Transportation, utilities, and other facilities required to serve it,
and c. Other uses of land in the vicinity.
As discussed in detail above, the Planning Commission did not adequately consider the market
need for the Drive-Thru and its relationship to the surrounding circulation system and
immediate residential neighbors.
2. The compatibility of the design, location, size, and operating characteristics with the
existing and future land uses in the vicinity,
The Planning Commission did not adequately consider the detailed operating characteristics of
the Drive-Thru and its relationship and potential impacts to the surrounding vicinity.
3. The probability of impairment to the architectural integrity and character of the zoning
district in which it is to be located;
Approval of the Drive-Thru as a use would result in substantial negative impacts to the
surrounding area and street frontage that cannot be mitigated through the design review
process. The Planning Commission did not adequately consider the architectural impact of the
proposed Drive-Thru facility, particularly in relation to the Downtown Design Handbook that
states, for the Tiburon Boulevard area, that The relationship between building facades and
streetscape elements shapes the pedestrian's experience. The design guidelines for Tiburon
Boulevard intend to promote a streetscape that has much of the village character found on Main
Street, while at the same time allowing for contemporary designs that add vitality to Downtown
Tiburon's everyday activities and its bustling mix of cars, bicycles, and pedestrians (page 38).
The proposed Drive-Thru window will do nothing to enhance the pedestrian experience
in the downtown area and is not the kind of vitality envisioned under the Design
Handbook.
4. The protection of the public interest, health, safety, convenience, or welfare of the town,
or any probability of injury to property or improvements in the vicinity and zoning
district in which the real property is located.
The implementation of a Drive-Thru pharmacy at that location, although convenient for
some, would be detrimental to the public interest, and health, safety and welfare of
residents and property in the immediate vicinity.
CONCLUSION
The appellants respectfully request that the Town Council find that the Planning Commission erred
in its decision to approve the CVS Pharmacy conditional use permit for the numerous reasons
stated above, and that the Council either overturn the decision and deny the application, or else
simply direct the applicants to prepare a revised proposal that eliminates the Drive-Thru pharmacy
from the project proposal.
(6)
MEMORANDUM
Re: CVS/pharmacy Drive-Through Study
Purpose
The purpose of this internal study was to determine the maximum number of vehicles that
queue at the drive-through windows and average queue length at typical CVS/pharmacy
locations in metropolitan Phoenix. (For purposes of this analysis, one vehicle present at a
window was considered a queue of one vehicle.)
Results - Full-service Window
MAXIMUM QUEUE: 3 vehicles 3210 East Union Hills with 5 Occurrences
MAXIMUM QUEUE: 3 vehicles 765 South Lindsay Road with 1 Occurrence
AVERAGE QUEUE: 1.38 vehicles All Locations and All Times
MAXIMUM VEHICLES PER HOUR: 7.25 vph 3210 East Union Hills
AVERAGE VEHICLES PER HOUR: 2.52 vph All Locations and All Times
Results - Drop-off Only Window
MAXIMUM QUEUE: 1 vehicle Five Locations and Numerous occurrences
AVERAGE QUEUE: 1 vehicle All Locations and All Times
MAXIMUM VEHICLES PER HOUR: 1.00 vph 2840 North Dysart
AVERAGE VEHICLES PER HOUR: 0.13 vph All Locations and All Times
Procedure
Fourteen exiting CVS/pharmacy locations with drive-through windows were identified as
listed below.
1. 5975 West Chandler Boulevard, Chandler.
2. 990 East Warner Street, Chandler.
3. 2005 North Dobson Road, Chandler.
4. 765 South Lindsay, Gilbert.
5. 2371 East Guadalupe Road, Gilbert.
6. 2840 North Dysart Road, Goodyear.
7. 5954 East McDowell Road, Mesa.
8. 6015 East Brown Road, Mesa.
9. 1212 South Greenfield, Mesa.
10. 9950 East Guadalupe Road, Mesa.
11. 2809 South Sossaman Road, Mesa.
12. 10727 West Olive Avenue, Peoria.
13. 3210 East Union Hills Drive, Phoenix.
14. 8245 West Thomas Road, Phoenix.
Each of the fourteen locations was examined to determine their acceptability for the
purposes of this drive-through study. Prior to initiating the study, it was determined that
six locations would be counted.
The first primary determinant was the magnitude of the existing residential development
in the vicinity of the CVS/pharmacy. It was assumed that the greater the extent of
residential development in the vicinity of the study site, the more likely the drive-through
window would experience typical customer use.
The second primary determinant was the length of queue storage at the drive-through
window visible to an approaching driver. All of the sites had long waiting areas, and
extensive signing and pavement marking indicating the location of the drive-through
windows. However, the waiting areas at some of the buildings were on one side of the
building and the drive-through window was immediately around the corner of the
building. Therefore the drive-through windows at some locations were not visible to
approaching drivers. It was assumed that this circumstance might affect the decision by
an individual driver to use the drive-through windows.
A secondary determinant was to include locations from different geographic areas
throughout metropolitan Phoenix.
The following six (6) CVS/pharmacy locations were counted and analyzed:
1. 5975 West Chandler Boulevard, Chandler.
2. 990 East Warner Street, Chandler.
3. 765 South Lindsay Road, Gilbert.
4. 2840 North Dysart Road, Goodyear.
5. 10727 West Olive Avenue, Peoria.
6. 3210 East Union Hills Drive, Phoenix.
The maximum queue length at the full-service window for all study locations, dates, and
tunes was three (3) vehicles. Three-vehicle queues occurred at 765 South Lindsay and at
3210 East Union Hills Drive on a Thursday. The table below indicates the maximum
queue length at each location.
Location
Maximum Queue
Day of Week
1.
5975 West Chandler Boulevard
2
Thursday & Saturday
2.
990 East Warner Street
2
Thursday
3.
765 South Lindsay Road
3
Thursday
4.
2840 North Dysart Road
2
Thursday
5.
10727 West Olive Avenue
2
Thursday & Saturday
6.
3210 East Union Hills Drive
3
Thursday
The maximum queue of 3 vehicles occurred at 765 Lindsay Road from 3:40 to 3:44 PM
on a Thursday. The maximum queue of 3 vehicles occurred at 3210 East Union Hills
from 3:44 to 3:49 PM, 4:05 to 4:11 PM, 4:48 to 5:06 PM, 5:24 to 5:27 PM, and 5:41 to
5:44 PM.
The table below indicates the average queue length at the full-service window when a
vehicle was present.
Location
Thursday
Saturday
Both
1.
5975 West Chandler Boulevard
1.15
1.30
1.30
2.
990 East Warner Street
1.13
1.00
1.00
3.
765 South Lindsay Road
1.43
1.50
1.50
4.
2840 North Dysart Road
1.25
1.00
1.00
5.
10727 West Olive Avenue
1.27
1.13
1.13
6.
3210 East Union Hills Drive
2.08
1.11
1.11
ALL LOCATIONS
1.50
1.31
1.38
The maximum number of vehicles served at a full-service window for all study locations
from 8:00 to 9:00 AM on Thursday was 5, which occurred at 3210 Union Hills Drive.
The maximum number of vehicles served at a full-service window from 11:00 AM to
1:00 PM on a Thursday was 8, which occurred at 765 South Lindsay. The maximum
number of vehicles served at a full-service window from 3:00 to 7:00 PM on a Thursday
was 29, which occurred at 3210 East union Hills Drive. The maximum number of
vehicles served on a Saturday from 10:00 AM to 6:00 PM at a full-service window was
205 which occurred at 5975 West Chandler. The table below indicates the maximum
number of vehicles that were served at each location during each count period.
THURSDAY
SATURDAY
LOCATION 8:00 to 9:00
11:00 to 1:00
3:00 to 7:00
10:00 to 6:00
1.
5975 West Chandler
4
2
7
20
2.
990 East Warner
0
6
18
12
3.
765 South Lindsay
2
8
18
12
4.
2840 North Dysart
1
4
11
6
5.
10727 West Olive
0
5
10
15
6.
3210 East Union Hills
5
5
29
19
The maximum number of vehicles served per hour at a full-service window for all study
locations from 8:00 to 9:00 AM on Thursday was 5, which occurred at 3210 Union Hills
Drive. The maximum number of vehicles served per hour at a full-service window from
11:00 AM to 1:00 PM on a Thursday was 4, which occurred at 765 South Lindsay. The
maximum number of vehicles served per hour at a full-service window from 3:00 to 7:00
PM on a Thursday was 7.25, which occurred at 3210 East Union Hills Drive. The
maximum number of vehicles served per hour on a Saturday from 10:00 AM to 6:00 PM
was 4.75, which occurred at 3210 East Union Hills. The table below indicates the
maximum number of vehicles per hour were served at each location during each time
period.
LOCATION 8:00 to 9:00
1. 5975 West Chandler 4
2. 990 West Warner 0
3. 765 South Lindsay 2
4. 2840 North Dysart 1
5. 10727 West Olive 0
6. 3210 East Union Hills 5
THURSDAY
SATURDAY
11:00 to 1:00
3:00 to 7:00
10:00 to 6:00
1.0
1.75
4.50
3.0
2.50
1.50
4.0
4.50
1.50
2.0
2.75
0.75
2.5
2.50
3.75
2.5
7.25
4.75
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A.- ds.
RESOLUTION NO. 17-2010
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ADOPTING AN AMENDED POLICY FOR THE PROCESSING, SCHEDULING,
RECONSIDERATION, AND STORY POLE REPRESENTATION OF APPEALS, AND
SUPERSEDING EXISTING POLICIES
WHEREAS, the Town receives and hears appeals from decisions of various
commissions, boards and administrative officials from time to time, and
WHEREAS, the Town Council has adopted various policies over the years with
respect to appeal procedures, scheduling, and reconsideration, including Resolutions Nos. 2878
and 3218 and Town Council Policy Nos. 95-01 and 2002-01; and
WHEREAS, the Town Council has determined that it is timely and appropriate to
update and consolidate these policies regarding appeals; and
WHEREAS, the Town Council has held a public meeting on this matter on March
175 2010 and has heard and considered any public testimony and correspondence; and
NOW, THEREFORE, BE IT RESOLVED that Town Council Resolution No.
2878, Town Council Resolution No. 3218, Town Council Policy 95-01, and Town Council
Policy 2002-01 are hereby superseded by this Resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Council of
the Town of Tiburon does hereby adopt the following general policy with respect to processing,
scheduling, and reconsideration of appeals and for story pole installation for appeals.
APPEAL PROCEDURE
1. The Municipal Code sets forth instances when persons may appeal a decision by a review
authority (e.g. Town official, Design Review Board or Planning Commission) to the
Town Council. Any person making such an appeal must file a completed Town of
Tiburon Notice of Appeal form, available on the Town's web site and at Town Hall, with
the Town Clerk not more than ten (10) calendar days following the date of the decision
being appealed. Shorter time frames for filing an appeal apply to certain types of permits.
If the final day to appeal occurs on a day when Town Hall is closed for public business,
the final day to appeal shall be extended to the next day at which Town Hall is open for
public business. Appeals may not be revised or amended in writing after the appeal
period filing date has passed.
Tiburon Town Council Resolution No. 17-2010 0311712010 1
,FTT_T ` ~rY, NO.
2. The appellant must submit filing fees with the Notice of Appeal form. Filing fees are set
forth in the Town's current adopted Fee Schedule.
(a) If the applicant is the appellant, the remainder of the filing fee (if any) will be
refunded following completion of the appeal process. Additional staff time or
costs to process an applicant's appeal is the financial responsibility of the
applicant and will be billed per the Town's current hourly rate schedule and/or at
actual cost if outside consulting is required.
(b) If the appellant is not the applicant, then a fixed amount filing fee is required with
no refund or additional billing required.
3. In the appeal form, the appellant shall state specifically either of the following:
(a) The reasons why the decision is inconsistent with the Tiburon Municipal Code or
other applicable regulations; or
(b) The appellant's other basis for claiming that the decision was an error or abuse of
discretion, including, without limitation, the claim that the decision is not
supported by evidence in the record or is otherwise improper.
If the appellant is not the applicant, the Town Council need only consider on appeal
issues that that the appellant or other interested party raised prior to the time that the
review authority whose decision is being appealed made its decision.
4. The appellant must state all grounds on which the appeal is based in the Notice of Appeal
form filed with the Town Clerk. Neither Town staff nor the Town Council need address
grounds introduced at a later time that were not raised in the Notice of Appeal form.
5. The procedure for presentation of the appeal at the Town Council meeting is as described
below. In cases where the applicant is the appellant, paragraphs (c) and (f) below would
not apply.
(a) Town Staff may make a brief (approximately 10 minute) presentation of the
matter and then respond to Town Council questions.
(b) Appellant and/or appellant's representative(s) may make a presentation of no more
than twenty (20) minutes and then respond to Town Council questions. Appellant
may divide up the twenty (20) minutes between various speakers or have only one
speaker, provided that the time limit is observed. Time devoted to responding to
Town Council questions shall not be included as part of the twenty (20) minute
time limit.
(c) Applicant and/or applicant's representative(s) may make a presentation of no more
than twenty (20) minutes and then respond to Town Council questions. Applicant
may divide up the twenty (20) minutes between various speakers or have only one
speaker, provided that the time limit is observed. Time devoted to responding to
Tiburon Town Council Resolution No. 17-2010 0311712010 2
Town Council questions shall not be included as part of the twenty (20) minute
time limit.
(d) Any interested member of the public may speak on the item for no more than
three (3) minutes. A speaker representing multiple persons (e.g., homeowner's
association, advocacy group or official organization, etc.) may speak on the item
for no more than five (5) minutes, at the discretion of the Mayor.
(e) Appellant is entitled to an up to three (3) minute rebuttal, if desired, of any
comments previously made at the hearing.
(fl Applicant is entitled to an up to three (3) minute rebuttal, if desired, of any
comments previously made at the hearing.
7. The testimony portion of the appeal hearing is closed and the Town Council will begin
deliberations on the appeal. There will be no more applicant, appellant, or public
testimony accepted unless requested by the Town Council.
8. If, following deliberation, the Town Council is prepared to make a decision on the appeal,
it will direct Town staff to return with a draft resolution setting forth the decision, and the
findings upon which it is based, for consideration at a future Town Council meeting. The
decision of the Town Council is not final until the resolution is adopted. Alternatively, if
the Town Council is not prepared to make a decision on the appeal, it may:
(a) Continue the appeal to a future date;
(b) Remand the item to the review authority from which it was appealed for further
hearing, review and action, with a specific description of the outstanding and
unresolved issues and appropriate direction thereon; or
(c) Refer the item to another review authority for its review and recommendations
prior to further Town Council consideration.
9. Following a final decision by the Town Council, Town staff will promptly mail a Notice
of Decision to the applicant and appellant.
RECONSIDERA TION
If, after the Town Council has voted to direct staff to prepare a resolution of decision, significant
new information comes to light, which information was previously unknown or could not have
been presented at the appeal hearing due to circumstances beyond the parties' control and not due
to a lack of diligence, the Town Council may entertain a motion to reconsider its direction to
prepare a resolution of decision. Any such motion to reconsider must be made prior to adoption
of the resolution of decision, and the motion must be made by a Councilmember who voted on
the prevailing side in the vote sought to be reconsidered. Any Councilmember may second the
motion. The Town Council may consider and vote on the motion to reconsider at that time, and
if the motion carries, the matter shall be placed on a future agenda for further notice and hearing.
Tiburon Town Council Resolution No. 17-2010 0311712010
SCHEDULING OFAPPEALS
1. The Town's policy is to schedule and hear appeals in an expeditious manner. Appeals
will generally be heard at the first regular Town Council meeting that is at least fifteen
(15) days after close of the appeal period. At the sole discretion of the Town Manager,
the Town may schedule the appeal for a subsequent Town Council meeting based on the
complexity of the matter, availability of key Town staff members and Councilmembers,
agenda availability, or unusual circumstances. Town staff will make reasonable efforts to
establish the hearing date for the appeal within three (3) working days of the close of the
appeal period. The Town Clerk, in coordination with appropriate Town staff, will
promptly advise all parties to the appeal of the selected hearing date.
2. The Town Manager will grant requests for continuances from the date established above
in the event that all parties to the appeal agree in writing to a date specific for the
continuance and that date is deemed acceptable by the Town Manager.
3. Attendance of parties to an appeal at the hearing is desired, but not required. The Town
Council will consider written comments or representation by others in lieu of personal
appearance.
STORY POLES
For appeals where story poles were erected for review of the original decision being appealed, a
story pole representation shall be required for the Town Council's appeal review process, as
follows:
1. A story pole plan showing the poles to be connected, including location and elevations of
poles and connections, shall be submitted, reviewed, and accepted as adequate by
Planning Division Staff prior to installation of the poles and connections.
2. Critical story poles, as determined by Staff, must be connected by means of ribbons,
caution tape, rope or other similar and highly visible materials clearly discernable from a
distance of at least three-hundred (300) feet in clear weather, to illustrate the dimensions
and configurations of the proposed construction.
3. Story poles and connecting materials must be installed at least ten (10) day prior to the
date of the appeal hearing before the Town Council.
4. Failure to install the poles and materials in a timely manner may result in continuance of
the public hearing date.
Tiburon Town Council Resolution No. 17-2010 0311712010 4
5. Story poles must be removed no later than fourteen (14) days after the date of final
decision by the Town Council.
APPLICABILITY
This policy, while primarily written for use by the Town Council, is intended to apply to the
extent practicable to Town decision-making bodies, other than the Town Council, which may
hear appeals from time to time. Be advised that certain types of appeals, such as appeals of staff-
level design review application decisions to the Design Review Board, may have different
deadlines for filing of the appeal than the ten (10) calendar days specified above.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on March 17, 2010, by the following vote:
AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks & O'Donnell
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Slavitz
RICHARD COLLINS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Tiburon Town Council Resolution No. 17-2010 0311712010 5
.~T':L ~ PTO.
0
Page 1 of 1
C
Dan Wa4ous LATE MAID ApV~Ss
From: Eisenhut, Josh Deisenhut@agoc.com]
Sent: Wednesday, February 09, 2011 10:43 AM
To: Dan Watrous; Scott Anderson
Cc: McDermott, William R.
Subject: CVS/pharmacy - 1599 Tiburon Blvd. - Light Study
Attachments: 1153166 CVS 01483 Tiburon CA.PDF; 1153166 CVS 01483 Tiburon CA.JPG; GE Headlight
1974 Dodge Charger.pdf
Dan,
Following up on previous conversation, attached is the completed light study for the proposed
CVS/pharmacy located at 1599 Tiburon Blvd. Armstrong Development has worked closely with an
electrical engineer to assess the existing lighting of the project as well as any additional lighting that will
be necessary for the CVS project. All of the building mounted lighting will be replaced with full-cutoff
fixtures. This means that there will be no light that projects out of the fixture above a direct horizontal line
from the fixture. All of the building mounted lighting will be obstructed by the wall on the property line and
will not be a direct impact on the residential units.
The other possible area of concern that was mentioned by neighbors of the project is light-trespass
from vehicle headlights. Most new car headlights are the same as indicated above and do not project
much light above the horizontal. We did a simulation using an old style sealed-beam headlight on high
beams which is most unlikely to occur but also presents the worst case scenario. Also of note is that the
trees located along the property line are not included in this study as their exact area of coverage is
unknown, but it is safe to say that they will be blocking the majority of light that leaves the site.
The maximum lighting level that the headlights projected is 0.1 foot-candles. This is the equivalent of a
60 watt light bulb placed 40 feet away. As you can imagine this is a very minimal amount of light. To put
into perspective, a full moon lit night is about 0.03 foot-candles. Based on the findings of this analysis,
our electrical engineer believes that the parking lot fixtures in the residential area parking lot will
contribute more nuisance lighting than what could be projected from the proposed CVS location.
Please do not hesitate to contact Armstrong Development at any time should you have questions or need
any additional information.
Thank you,
Josh Eisenhut, LEED AP
Armstrong Development Properties, Inc.
1375 Exposition Blvd., 101
Sacramento, CA 95815
O: (916) 643-9610
C: (415) 290-0490
F: (916) 643-9613
I he inf 0rnmalion tr,in ;milted is intended only for the. 1, cr,;on or entON to «hfch it is addressed and Inav conLiin conlrikntial an&or
priti aed Illatcriaf. AII\ revievN. retran5mis5i~}n, di;~crr~in~Xtion or other' u~~: of`. or ttiki 7r_> ol',uiN iictiisn in rc.li~U7ee ul)011. this
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sender or send back to rctt~rus.u;a~oc.co~al an( dcloc the rnateriA from a~n conah1atcr.
2/9/2011
HUBBELL IS NOT RESPONSIBLE FOR THE PERFORMANCE OF LUMINAIRE MANUFACTURED BY OTHERS
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LAMPS USED FOR SIMULATED HEADLIGHTS ARE ' z•LUMINAIREMGl1NT1NGHEIGHTAF.G. SPECIFIED HEADLAMPS FOR 1974 DODGE CHARGER
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TIBUR N BO L °tnma9wraa~nvxnr+~crr~cimveaa°w~rn°nrowerwunp~,cmmxe~llawm°nPa~wun°x9.anertlnalwurtxoxe°xr,~laounaE U EV ARD iluwn°°us>Ftrmro.aemra~mvmeumwdumncaamw. aeunaoanaewoxoAwwrur'cnwi°raswrE°wuw,arwr,woiww~ wrr~rreniaun xcaraaw¢emFkammauoaneiwrK°[aLaeem unEffmowelmanE awawoannEw~ea~eeartlmc
x o,o NOT A CONSTRUCTION DOCUMENT -FOR DESIGN PURP A0C
CVS #01843 OSES ONLY N~ TIBURON CA
~ ~ 11531
Holland & Knight
LA
TE
MAIL
#
AP~
50 California Street, Suite 2800 1 San Francisco, CA 94111 1 T 415.743.6900 1 F 415.743.6910
Holland & Knight LLP www.hklaw.com
Amanda J. Monchamp
(415) 743-6947
amanda.monchamp@hklaw.com
February 11, 2011
Via E-mail (dcrane@ci. tiburon. ca. us)
Via US. Mail
0 E C E ~ V E
FEB 1 1 2011 D
Diane Crane-Iacopi
Town Clerk
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
TOWN CLERK
TOWN OF TIBURON
Re: Response to Appeal by Cres Van Keulen of the Planning Commission's January 12,
2011 Approval of the Conditional Use Permit to Operate a Drug Store and
Pharmacy at 1599 Tiburon Boulevard.
Dear Ms. Crane-Iacopi:
We represent Armstrong Development Properties, Inc. ("Armstrong"), the developer for
the proposed CVS/pharmacy located at 1599 Tiburon Boulevard in the Town of Tiburon (the
"Town"). On January 24, 2011 Armstrong submitted its appeal of the Planning Commission's
January 12, 2011 approval of the Conditional Use Permit to operate the proposed
CVS/pharmacy, focusing on requested amendments to three conditions of approval. Also on
January 24, 2011, Cres Van Keulen and three other Marsh Road residents, (the "Marsh Road
Residents") filed an appeal to the Planning Commission's approval of the proposed
CVS/pharmacy.
The purpose of this letter is to respond to the Marsh Road Residents' arguments raised in
their appeal. The Marsh Road Residents have three main concerns, each addressed separately
below: (1) the notice for the Planning Commission meeting, (2) the adequacy of the
CVS/pharmacy plans, and (3) consistency with the Town's General Plan and Municipal Code.
(1) The Planning Commission Meeting Notice
Armstrong reviewed the addresses that were notified of the hearing and verified with an
engineer that the notices include all properties within 300 feet of the site. The Town has also
Atlanta I Bethesda I Boston I Chicago { Fort Lauderdale I Jacksonville I Lakeland I Los Angeles Miami I New York
Northern Virginia I Orlando I Portland San Francisco I Tallahassee I Tampa I Washington, D.C. I West Palm Beach
Diane Crane-Iacopi
February 11, 2011
Page 2
indicated that they do not mail duplicate notices to owners that own more than one property
within 300 feet of the site. As such, it appears to Armstrong that proper notice was provided
(2) The CVS/aharmacv Plans
A. Drive-Through Details
Marsh Road Residents assert that there were no detailed drawings or specifications for
the proposed drive-through. The Conditional Use Permit ("CUP") Site Plan clearly identifies the
location and traffic circulation for the proposed drive-through. As will be discussed in further
detail below, the site plan included the necessary details for the CUP application including traffic
circulation. Any additional details are not required for the CUP and will be provided, as
appropriate, during the design review stage of project approval.
Furthermore, it is inaccurate that the Armstrong representatives could not identify the
exact location of the drive-through window on the building or its size. Armstrong
representatives attended the Planning Commission hearing and could have responded to such
questions.
The Marsh Road Residents are also concerned about noise and light impacts from the
drive-through on their residences. Armstrong hired consultants to perform noise and light
studies (collectively, "Studies") to evaluate any drive-through impacts on neighboring properties.
The noise study is attached hereto as Exhibit A. The light study is attached hereto as Exhibit B.
The Studies show that there will be no impacts on neighboring residences from drive-through
noise or exterior lighting.
The noise study concluded that the noise generated by the project does not warrant the
current conditions of approval limiting the store hours, drive-through pharmacy hours, truck
delivery hours, and the restriction to one drive-through pharmacy lane. During the daytime and
nighttime hours, the individual and combined noise generation from truck deliveries, drive-
through operations, and roof-top mechanical equipment will be below the Town's exterior and
interior noise level standards for residential land uses measured at the boundary of the property.
Therefore, there will be no significant noise impacts on the Marsh Road condominiums.
Using a worst case scenario of old style sealed-beam headlights on high beams in the
drive-through without any coverage by the existing trees planted along Marsh Road, the light
study shows that the level of light reaching the Marsh Road condominiums will be virtually non-
existent. Even with these conservative assumptions, only two of the condominiums will have
any measurable light reach their windows and these light values are virtually zero at 0.1 based on
a 1.0 foot candle measurement. A light value of 0.1 is equivalent to a 60 watt light bulb placed
40 feet away from the receptor. The amount of light from the CVS site will be virtually
imperceptible to the residents of those two units. The remaining residents will have no light
reach their windows.
#10095144_v4
Diane Crane-Iacopi
February 11, 2011
Page 3
It is also extremely unlikely that vehicles will travel through the drive-through with their
high beams on and that none of the existing trees will block any of the light. Furthermore, newer
vehicles use cutoff headlights that do not project much light above the horizontal unlike sealed-
beam headlights. In fact, the light survey concludes that the March Road condominium's own
parking lot light fixtures will result in more light impacts on the Marsh Road condominiums and
the imperceptible amount of light that will be projected to the two condominiums units from the
CVS location will be impossible to distinguish compared to this existing light source.
It is also important to note that all of the building mounted lighting on the CVS/pharmacy
building will be "full-cutoff," meaning that there is no light that extends out of the fixture above
a direct horizontal line from the light fixture. Also, all of the building mounted lights will be
obstructed by the new wall to be constructed along the property line adjacent to Marsh Road.
B. Site Plan
The Marsh Road Residents argue that the site plan is lacking several details including, the
location of the Marsh Road condominiums, full travel lanes along Beach Road, location of the
pedestrian cross walk, 45-degree blind comer, and adjacent Marsh Road driveway. All of these
requested details are located off of the proposed CVS/pharmacy project site.
The Town's CUP application submittal requirements only call for the following five
details to be illustrated on the site plan: (a) all property lines with distances, (b) location of
existing or proposed structures with dimension of all wall lines and distances from structures to
nearest property line, (c) existing frontage improvements (curbs, gutters, sidewalks, edge of
paving), (d) a location map showing location of property in relation to the nearest major street,
and (e) existing or proposed on-site driveways, parking, and service areas. None of the details
requested by the Marsh Road Residents are required to be illustrated on the site plan.
Furthermore, in response to comments by Marsh Road Residents after the Planning Commission
hearing, Armstrong has added Marsh Road and building outlines of the Marsh Road
condominiums to the site plan even though these details are not required.
To further address the Marsh Road Residents' concerns, after the January 12, 2011
Planning Commission meeting, Armstrong voluntarily revised the CVS/pharmacy site plan to
shift the drive-through 20 feet south along the eastern side of the CVS/pharmacy building. This
results in a 20 foot shift away from the Marsh Road condominiums. Moreover, Armstrong has
included a wall coming off the rear of the building at the end of the drive-through to further help
shield the Marsh Road condominiums from the drive-through. This wall will be approximately
6 feet high and 15 feet long extending away from the building towards Beach Road. It is
important to note that the Studies are conservative because they did not factor in these recent
revisions to the site plan.
The Marsh Road Residents also argue that a vicinity map or aerial plan should have been
provided. However, the Town's CUP application does not require a vicinity map or aerial plan.
Furthermore, such map or plan was not necessary for the Planning Commission and neighbors to
#10095144_v4
Diane Crane-Iacopi
February 11, 2011
Page 4
analyze the proposed project. The proposed site is a well known site in downtown. The existing
building will remain as is and the only modification is the addition of the 90 square feet for the
drive-through. Consequently, it is not difficult to analyze the site which will be mostly
unchanged from existing conditions.
C. Disabled Access
Due to site settling, the current disabled access to the existing building is not compliant
with Americans with Disabilities Act (ADA) requirements. Armstrong will re-build the disabled
access to be ADA compliant as part of the proposed CVS/pharmacy project. Any removal of
existing disabled access to accommodate the proposed drive-through will be relocated in
compliance with the ADA. Additionally, Armstrong's Operational Statement submitted as part
of its CUP application expressly states that site improvements will include all necessary
upgrades to ensure that the project is ADA compliant. Armstrong's Operational Statement is
attached hereto as Exhibit C.
D. Market Demand
In addition to the need for a CVS/pharmacy in this location, there is also a need for a
drive-through. The drive-through will provide convenience for the Town's citizens. In
particular, it is Town residents who are elderly, sick, injured, or new parents that most frequently
use the drive-through pharmacy. The Town's CUP application does not require "objective data"
of a market demand for a drive-through.
E. Operational Procedures
The Marsh Road Residents complain that Armstrong did not provide enough details
about how the drive-through would operate. However, Armstrong provided a detailed three page
Operational Statement with its CUP application. This document states that the drive-through
will be for "prescription pharmaceuticals drop-off and pick-up only." Furthermore, the
Operational Statement includes details regarding the approximate number of customers that are
served by the drive-through per hour during peak periods of business and the sufficient room for
stacking vehicles in the drive-through as to not conflict with other motorists or pedestrians.
Some of the Marsh Road Residents' questions can be answered with common sense. For
example, most customers using a drive-through will either call-in their prescription and use the
drive-through for pick-up or they will drop-off their prescriptions at the drive-through and go to
work or run other errands and may return to the drive-through for pick up at a later time.
F. Pharmacist Consultation at Pick-up Window
The procedure for interaction between CVS employees and customers at the drive-
through window is the same as the procedure when customers enter the store and interact with
CVS employees at the pharmacy counter. The pharmacist does not routinely interact with
#10095144_v4
Diane Crane-Iacopi
February 11, 2011
Page 5
customers. Instead, the pharmacy technicians interact with customers, leaving the pharmacist to
provide quality insurance and prescription accuracy. As such, the cited article is not applicable
as pharmacists do not man the drive-through or in-store pick-up windows. However, if a
customer needs a consultation, whether the customer is in the drive-through or in the store, the
pharmacist will consult with the customer at either the drive-through window just as they would
at the in-store window. This is one reason that two drive-through lanes are important to CVS
and why CVS separately appealed to include a second drive through window. CVS ensures that
all its customers receive the same level of service whether they use the drive-through or enter the
store and that pharmacists are not distracted by servicing drop-off or pick-up at either the in-store
or drive-through windows and they have time to provide meaningful consultations to any
customer who needs one.
G. Window Usage Per Hour
The Marsh Road Residents wrongly lack confidence in the CVS/pharmacy drive-through
data. After the Planning Commission hearing, Armstrong provided the Marsh Road Residents
with a memorandum, attached hereto as Exhibit D, summarizing a December 2003
CVS/pharmacy Drive-Through Study performed by a registered professional engineer with an
independent consultant, Olsson Associates (the full study includes competitive data that CVS
does not wish to make public record). The study determined through a series of surveys the
maximum number of vehicles that queue at typical CVS/pharmacy drive-through windows. The
memorandum provided to the Marsh Road Residents confirms Armstrong's statement at the
Planning Commission hearing that approximately 5 to 7 vehicles are expected to pass through
the drive-through during the late afternoon peak period.
H. Window Wait Time Uncertain
The Marsh Road Residents are concerned about long drive-through wait times and
potential noise, exhaust, and light impacts. The Studies show that there are no significant noise
or light impacts on neighboring residences from the drive-through. Also, the average time that
an individual vehicle will be present at the drive-through window will be minimal. This is
enhanced by providing two drive-through windows that reduce the wait time of any one vehicle.
Furthermore, applicant raises a general statement that the wait times will cause noise,
exhaust, light, and other impacts. This statement implicates study under the California
Environmental Quality Act (CEQA). As stated in Resolution 2011-02, the CVS/pharmacy
remodel is exempt CEQA under the Class 1 categorical exemption, and it is also covered by the
Class 2 and Class 3 exemptions.
The Class 1 exemption includes the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing private structures involving a negligible expansion of
use. Examples of the Class 1 exemption include the restoration or rehabilitation of deteriorated
or damaged structures or facilities to meet current standards. (CEQA Guidelines §15301) The
current building needs to be restored to comply with ADA requirements. Furthermore, the
#10095144_v4
Diane Crane-Iacopi
February 11, 2011
Page 6
addition of a 90 square foot drive-through facility falls well within the limitations on the size of
additions under this exemption.
The Class 2 exemption includes the replacement or reconstruction of existing structures
and facilities where the new structure will be located on the same site and will have substantially
the same purpose and capacity as the structure replaced. Examples of the Class 2 exemption
include the replacement of a commercial structure with a new structure of substantially the same
size, purpose, and capacity. (CEQA Guidelines §15302) The current commercial building will
be used by CVS/pharmacy for commercial uses on the same site with a minor increase of 90
square feet.
Lastly, the Class 3 exemption includes the construction and location of new, small
facilities or structures. Examples of the Class 3 exemption include (i) accessory structures
including carports, or (ii) a new commercial structure not exceeding 10,000 square feet. (CEQA
Guidelines § 15303) Therefore, the new 90 square foot drive-through porte coche would easily
fall within this exemption.
None of the exceptions to the exemptions are triggered by the remodeling of this site,
including that there are no unusual circumstances related to this remodel of an existing building.
1. No Analysis of Vehicle Movement or Traffic and Pedestrian Safety
The Marsh Road Residents are misinformed. They assert that any proposal to redirect
traffic volumes leaving the proposed drive-through onto Beach Road near the store loading dock,
and alleged 45-degree blind corner, pedestrian crosswalk and Marsh Road driveway is ill-
conceived. There is no proposal to alter any project site driveways exiting onto Beach Road.
The drive-through customers will likely utilize the existing driveway exiting onto Beach Road
located on the northeast side of the project site. After the drive-through is constructed, due to the
parking lot configuration, the only vehicles that will access this driveway will be vehicles exiting
the drive-through, trucks making deliveries, and vehicles utilizing the approximately 6 parking
stalls, likely to be designated employee only parking, on the northeast side of the project site.
The drive-through will be one-way traveling north (towards the rear of the property). As such,
the drive-through will actually cut off access to this northeast driveway from the main parking
lot area for non-drive-through customers.
At the Planning Commission meeting, Armstrong representatives offered to comply with
conditions requiring the trimming of bushes and or stepping down the proposed wall as
necessary to provide additional visibility at the subject driveway on Beach Road. Armstrong is
willing to implement these actions if the Town deems them appropriate.
As discussed above, the proposed CVS/pharmacy is exempt from environmental review
under CEQA. Consequently, a formal traffic study requested by Marsh Road Residents is not
required nor is it appropriate given the remodel of an existing facility and the similar nature of
the traffic generated by the uses.
#10095144_v4
Diane Crane-Iacopi
February 11, 2011
Page 7
J. No Requirement to Maintain Equipment
Even though the Planning Commission did not expressly require Armstrong to maintain
all mechanical equipment in good working condition, that does not mean that Armstrong will not
do so. It is in Armstrong and the community's best interest to maintain the project's mechanical
equipment in good working condition.
At the Planning Commission hearing, the Armstrong representative acknowledged that
the existing mechanical equipment at the project site needs to be replaced. Armstrong is
proposing to remove the existing mechanical equipment and install quiet, energy efficient
mechanical equipment for the proposed project. This will also likely reduce the amount of noise
generated by the building as compared to existing conditions.
(3) Consistency with the Town's General Plan and Municipal Code
A. Downtown Element of General Plan
The Marsh Road Residents argue that the proposed drive-through conflicts with four
General Plan Downtown goals/policies: (1) DT-C, (2) DT-5, (3) DT-10, and (4) DT-e.
DT-C encourages greater pedestrian activity in the downtown area. If customers are
utilizing the drive-through, they likely needed to drive to the CVS/pharmacy from their home or
place of business. It is unlikely that someone who is close enough and healthy enough to walk to
the CVS/pharmacy will choose to drive to the pharmacy just to use the drive-through window.
Consequently, the drive-through will not hinder the pedestrian activity in the downtown area.
There is no evidence that the drive-through will endanger pedestrian activity. Pedestrians will
not be allowed in the drive-through area. Furthermore, the vehicles exiting the drive-through
will use an existing driveway exit onto Beach Road. A 90-square foot addition to an existing
commercial building for the drive-through and drive-through lanes in an existing paved parking
area will not alter the character of the area along Beach Road.
DT-5 strives to preserve the quality of residential neighborhoods within and adjacent to
downtown with regard to unreasonable noise, traffic, visual, and other impacts. [emphasis
added.] As was explained in part 2 of this letter and illustrated in the Studies, there will be no
unreasonable impacts to surrounding residential neighborhoods from the drive-through.
DT-10 prohibits drive-through restaurants. [emphasis added.] The Town could have
made this policy apply to all drive-through facilities. However, the Town chose to make this
policy restricted to drive-through restaurants. Furthermore, there are two bank drive-through
ATMs in the immediate vicinity of the project site, the Bank of America and Wells Fargo drive-
through ATMs. Consequently, the Town did not intend to prohibit all drive-through facilities.
In response to the two bank drive-through ATMs in the downtown area, to no avail, the
Marsh Road Residents try to draw a distinction between bank ATM drive-through facilities and
#10095144_v4
Diane Crane-Iacopi
February 11, 2011
Page S
pharmacy drive-through facilities. In both a bank ATM drive-through and pharmacy drive-
through, customers are making a quick stop to pick up or drop off a commodity. Any differences
between a bank ATM drive-through and a pharmacy drive-through are irrelevant because, as
discussed in section 2 of this letter and illustrated in the attached Studies, there will be no
significant impacts from the proposed pharmacy drive-through.
DT-e provides for the long-term future improvement of the four corner properties at the
intersection of Tiburon Boulevard and Beach Road and adjacent sites. The proposed project site
is located at the corner of Tiburon Boulevard and Beach Road. The existing building has been
vacant since the Delano/IGA Market closed in 2009. The proposed project will revitalize the
project site and bring a needed drug store to the downtown area. The drive-through will not
cause the development in this area to go in the "wrong direction," as alleged by the Marsh Road
Residents. 'In the Downtown element of the General Plan, the Town identifies a drug store as a
preferred use in the downtown area. A 90-square foot addition to an existing commercial
building for the drive-through and drive-through lanes in an existing paved parking area will not
alter the character of the area.
The Marsh Road Residents completely ignore the following General Plan Downtown
goals/policies that support the drug store and drive-through use: DT-B, DT-1, DT-2, and DT-3.
DT-B has the goal to enhance the downtown's role as the commercial and service center
of the Town while promoting new resident-serving and visitor-serving uses and facilities. The
proposed CVS/pharmacy with the drive-through will be a commercial use serving both residents
and visitors. There has been the need for a drug store in the downtown area for some time.
DT-1, DT-2 and DT-3 provide for commercial service, resident-serving land uses, and
economic vitality in the downtown area. The drug store and drive-through will provide a
commercial service in the downtown conveniently serving residents while revitalizing a vacant
commercial property.
B. Circulation Element of the General Plan
The Marsh Road Residents cite to policy C-1 of the Circulation Element of the Town's
General Plan providing that land use decisions shall take potential traffic and circulation impacts
into consideration. The Marsh Road Residents state that the Planning Commission did not
require adequate information and/or project modifications to assure compliance with this policy.
As discussed above in section 2 of this letter, the proposed project will not alter any of the site
access driveways or external circulation patterns as compared to existing conditions.
Furthermore, as discussed above, detailed traffic analysis is not required because the proposed
project is exempt from CEQA.
C. Purposes and Special Considerations for Approval of a Conditional Use Permit (CUP)
#10095144_v4
Diane Crane-Iacopi
February 11, 2011
Page 9
The Marsh Road Residents argue that the proposed drive-through facility is contrary to
purposes 1, 2, and 4 of the Town's Municipal Code Section 16-52.0408 outlining the purposes of
CUP review. Purposes 1, 2, and 4 focus on whether the proposed use is located in a proper area
related to the vicinity; whether the location for the proposed use is reasonably compatible with
the surrounding area; and whether the conditions and requirements imposed on the use would
reasonably assure that the basic purposes of the zoning ordinance and General Plan will be
served.
A 90-square foot addition to an existing commercial building for the drive-through and
drive-through lanes in an existing paved parking area will not alter the character of the area. The
commercial use of a drive-through is compatible with other commercial uses and other drive-
through facilities in the area. The Town imposed several conditions and requirements on the
drug store and drive-through facility to ensure that these uses will be compatible with the zoning
ordinance and General Plan. Furthermore, as provided above, the drug store and drive-through
facility are compatible with the Town's General Plan.
The Marsh Road Residents further argue that the proposed drive-through is inconsistent
with special considerations 1, 2, 3 and 4 identified in Municipal Code Section 16-52.040(d) as
factors to consider when deciding whether to allow a conditional use.
The first special consideration focuses on the relationship of the location proposed to:
(a) the service or market area of the use or facility proposed; (b) transportation, utilities, and
other facilities required to serve it; and (c) other uses of land in the vicinity. The Marsh Road
Residents again assert that the Planning Commission did not adequately consider the market
need for the drive-through and its relationship to the surrounding circulation system and
immediate residential neighbors. However, the Planning Commission was not required to
separately consider the drive-through facility from the market demand for the drug store. There
is an undisputed need for a drug store in the downtown area and the drive-through is an integral
part of the drug store.
The second special consideration addresses the compatibility of design, location, size and
operating characteristics with the existing and future land uses in the vicinity. The Marsh Road
Residents argue that the Planning Commission did not adequately consider the detailed operating
characteristics of the drive-through. However, Armstrong submitted a detailed Operational
Statement as part of its application providing details about the operation of the drive-through.
Furthermore, the commercial nature of the site will not differ significantly as compared to the
prior Market commercial use. Also, the size of the existing building will only vary by 90-square
feet. The proposed CVS/pharmacy will fit well within the project site and within the
surrounding land uses.
The third special consideration deals with the probability of impairment to the
architectural integrity and character of the zoning district in which it is to be located. The Marsh
Road Residents assert that the Planning Commission did not adequately consider architectural
#10095144_v4
Diane Crane-Iacopi
February 11, 2011
Page 10
impacts and that these impacts cannot be mitigated through the design review process. There
will be no impairment to the architectural integrity of the area. The drive-through will be
adequately screened from Beach Road with landscaping. Furthermore, one of the CUP
conditions of approval requires Armstrong to build a solid (block-type) wall along the rear of the
building, adjacent to Marsh Road. This wall and the existing mature trees will screen the drive-
through from the Marsh Road condominiums. Any other design features can be addressed
during the design review process. The Marsh Road Residents do not provide any evidence as to
why further design details cannot be addressed during the design review process.
In connection to the third special consideration, the Marsh Road Residents cite the
Town's Downtown Design Handbook. Specifically, they cite the introductory paragraph to the
Building and Storefront Guidelines for Tiburon Boulevard. This introductory paragraph focuses
on building facades and streetscape elements as they relate to the pedestrian's experience along
Tiburon Boulevard. The Marsh Road Residents argue that the drive-through will not enhance
the pedestrian experience. However, the drive-through will be located along Beach Road, not
Tiburon Boulevard. Therefore, the Guidelines for Tiburon Boulevard are irrelevant to the drive-
through. Furthermore, the actual Guidelines under the introductory language cited by the Marsh
Road Residents seem to apply to new development where there is an opportunity to influence the
location of setback areas and front facades. Here, the CVS/pharmacy will be occupying an
existing building.
The fourth special consideration is the protection of the public interest, health, safety,
convenience, or welfare of the Town or any probability of injury to property or improvements in
the area. The Marsh Road Residents claim that the drive-through would be inconsistent with this
fourth special consideration. However, the Marsh Road Residents provide no evidence as to why
there would be such an alleged inconsistency. The drive-through will provide access to
prescriptions for those residents who are sick, injured, elderly, or who may be hindered by an
ailment that discourages them from entering the store to obtain their prescriptions.
Consequently, a drive-through is in the public interest, health, safety, convenience, and welfare
of the Town. Furthermore, as explained herein and illustrated in the attached Studies, the drive-
through will not injure any property or improvements in the area.
Conclusion
For all of the preceding reasons, Armstrong respectfully requests that the Town Council
find that the Marsh Road Residents' appeal lacks merit. I would be happy to discuss the appeal
in more detail or if you have any questions regarding the information presented in this letter.
a10095144_v4
Diane Crane-Iacopi
February 11, 2011
Page 11
Sincerely yours,
HOLLAND & KNIGHT LLP
A da J. Monchamn
AJM:s 1
cc: Josh Eisenhut, Armstrong Development
Bill McDermott, Armstrong Development
Dan Watrous, Planning Manager
Kristine Donabedian, Esq., CVS
Ann Danforth, Town Attorney
Attachments: Exhibit A, Noise Study
Exhibit B, Light Study
Exhibit C, Armstrong's Operational Statement
Exhibit D, CVS/pharmacy Drive-Through Study Memorandum
#10095144_v4
EXHIBIT A
Noise Study
Environmental Noise Assessment
CVS Pharmacy Drive-Thru & Nighttime Operations
Tiburon, California
BAC Job # 2011-008
Prepared For:
Armstrong Development Properties, Inc.
Attn: Mr. Josh Eisenhut
1375 Exposition Blvd, #101
Sacramento, California 95815
Prepared By:
Bollard Acoustical Consultants, Inc.
Paul Bollard, President
February 10, 2011
BOLLARD
Acoustical Consultants
3551 Bankhead Road ► Loomis. CA 95650 ► Phone: (916) 663-0500 ► Fax: (916) 663-0501 ► BACNOISE.COM
Environmental Noise Analysis
EXECUTIVE SUMMARY
Tiburon Planning Commission Resolution 2011-02 of the Tiburon Planning Commission
approved the conditional use permit for the proposed drug store and pharmacy at 1599 Tiburon
Boulevard in the Town of Tiburon. Conditions of project approval numbers 2, 3 and 4 limited the
project hours of operations as follows:
• Store hours limited to 7 am to 10 pm, seven days per week.
• Drive-thru pharmacy hours limited to 8 am to 8 pm, seven days per week.
• Truck deliveries limited to 8 am to 6 pm, seven days per week.
• The drive-thru pharmacy shall be limited to one lane of traffic.
Bollard Acoustical Consultants, Inc. (BAC) was retained by the project applicant to conduct a
detailed analysis of the potential noise generation of the project to determine if the project
conditions of approval 2, 3 and 4, were warranted to avoid exceedance of the Town of Tiburon
noise standards or to avoid the creation of adverse noise impacts to neighboring residents as
defined by the California Environmental Quality Act (CEQA).
Three specific components of the project were evaluated in this study for noise impacts. Those
components include noise generated by truck deliveries, noise generated by pharmacy drive-
thru operations, and noise generated by roof-top mechanical equipment. These sources were
evaluated using both equipment manufacturer's reference noise level data and BAC noise
measurements of similar CVS pharmacies. The potential for noise impacts was assessed by
comparing conservative estimates of project noise generation for each of these components
against both the adopted Town of Tiburon noise standards and against ambient noise levels
measured at the property boundary between the CVS site and existing condominiums to the
north. The conclusions of this analysis are two-fold, as indicated below:
• The individual and combined noise generation of project truck deliveries, drive-thru
operations, and roof-top mechanical equipment are predicted to satisfy the town of
Tiburon interior and exterior noise level standards of 45 dB Ldn and 60 dB Ldn at the
nearest residential land uses to the project site (condominiums to the north).
• The individual and combined noise generation of project truck deliveries, drive-thru
operations, and roof-top mechanical equipment are predicted to be at or below
measured existing ambient noise exposure at the nearest existing residential land uses
to the project site (condominiums to the north).
• Because project noise generation, both during daytime and nighttime hours, would
satisfy the adopted noise standards of the Town of Tiburon and not result in a
substantial increase in ambient noise levels existing in the immediate project vicinity
without the project, the project does not meet the requirements of CEQA for the finding
of a significant noise impact.
• Because the project would not result in significant noise impacts to the nearest
residences, project conditions of approval 2, 3 & 4 are not warranted for this project.
Bollard Acoustical Consultants, Inc. CVS Pharmacy Project
2011-008 Tiburon, California
Environmental Noise Analysis
INTRODUCTION
This report addresses the potential noise impacts associated with a proposed CVS Pharmacy
project (project) located at 1599 Tiburon Boulevard in the Town of Tiburon, California. The
project will consist of the redevelopment of the building previously containing a DeLano's Market
with a CVS Pharmacy and a small retail use.
Existing land uses in the immediate project vicinity include a Bank of America to the southeast,
a parking lot to the east, tennis courts to the northeast (beyond which are residences),
condominiums to the north, a grocery store and other commercial uses to the south (on the
opposite side of Tiburon Boulevard), and parking and a Chase Bank to the west. Figure 1
shows the project site location and surrounding land uses.
Due to concerns expressed by nearby residents, the project was conditioned by the Town of
Tiburon Planning Commission to restrict store hours, hours of truck deliveries and drive-thru
operations. At the request of the applicant, this analysis has been prepared by Bollard
Acoustical Consultants, Inc. (BAC), to analyze potential noise impacts associated with
unrestricted store hours, including deliveries and drive-thru usage.
Bollard Acoustical Consultants, Inc. CVS Pharmacy Project
2011-008 Tiburon, California
2
SOUrce. Ballard Acoustical C:onsultaryts, .2-5-11
Environmental Noise Analysis
BACKGROUND AND TERMINOLOGY
Noise is often described as unwanted sound. Sound is defined as any pressure variation in air
that the human ear can detect. Measuring sound directly in terms of pressure would require a
very large and awkward range of numbers. As a result, the logarithmic decibel scale was
devised to describe sound within a practical range of numbers. The decibel scale allows a
million-fold increase in pressure to be expressed as 120 dB. Another useful aspect of the
decibel scale is that changes in decibel levels correspond closely to human perception of
relative loudness.
The perceived loudness of sounds is dependent upon many factors, including sound pressure
level and frequency content. However, within the usual range of environmental noise levels,
perception of loudness is relatively predictable and can be approximated by weighting the
frequency response of a sound level meter by means of the standardized A-weighting network.
There is a strong correlation between A-weighted sound levels (expressed as dBA) and
community response to noise. For this reason, the A-weighted sound level has become the
standard tool of environmental noise assessment. All noise levels reported in this section are in
terms of A-weighted levels. Figure 2 provides examples of common noise sources associated
with various decibel values.
Community noise is commonly described in terms of the "ambient" noise level, which is defined
as the all-encompassing noise level associated with a given noise environment. A common
statistical tool to describe the ambient noise level is the average, or equivalent, sound level
(Leq). The Leq is the foundation of the day/night average noise level (Ldp) and shows very good
correlation with community response to noise.
Some neighbors expressed concerns at the Planning Commission hearing on this project that
"sound travels up" so the elevated positions of their residences would be exposed to higher
noise levels than ground-floor locations. However, sound propagation is not affected by gravity,
and radiates equally in all directions from a point source of noise. Elevated receptor locations
may benefit less from shielding provided by noise barriers or vegetation, and this conditions was
accounted for in this analysis.
Existing acoustical literature and application of accepted noise prediction and sound
propagation algorithms were used to predict project related noise levels. Specific noise sources
evaluated in this section were onsite noise sources associated with the commercial
development. Average Sound Exposure Level (SEL) estimates were used to predict noise
levels due to truck circulation on the project site. The SEL noise descriptor is the equivalent
sound energy of an acoustical event normalized to a one-second duration.
Definitions of acoustical terminology used in this report are presented in Appendix A.
Bollard Acoustical Consultants, Inc. CVS Pharmacy Project
2011-008 Tiburon, California
3
Environmental Noise Analysis
Figure 2
Typical A-Weighted Sound Levels of Common Noise Sources
Loudness Ratio Level A-Weighted Sound Level(dBA)
128
130
Threshold of pain
64
120
Jet aircraft take-off at 100 feet
32
110
Riveting machine at operators position
16
100
Shotgun at 200 feet
8
90
Bulldozer at 50 feet
4
80
Diesel locomotive at 300 feet
2
70
Commercial jet aircraft interior during flight
1
60
Normal conversation speech at 5-10 feet
1 /2
50
Open office background level
1/4
40
Background level within a residence
1/8
30
Soft whisper at 2 feet
1/16
20
Interior of recording studio
Bollard Acoustical Consultants, Inc.
2011-008
CVS Pharmacy Project
Tiburon, California
4
Environmental Noise Analysis
CRITERIA FOR ACCEPTABLE NOISE EXPOSURE
Tiburon General Plan
The Town of Tiburon General Plan Noise Element contains policies intended to ensure that
residential areas are quiet ant that noise level in public and commercial areas remain within
acceptable limits. The specific Noise Element policies which would be applicable to this project
are as follows:
N-1: The Town shall use the Noise and Land Use Compatibility Guidelines contained
herein to determine where noise levels in the community are acceptable or
unacceptable.
N-2: The Town should use the Noise and Land Use Compatibility Guidelines to
determine acceptable uses, and to require noise attenuation methods in noise-
impacted areas.
N-3: Environmental reviews (environmental impact reports, initial studies/negative
declarations) of projects within the Tiburon Planning Area will be required to,
where appropriate, include an acoustical analysis if the project's potential to
cause a noise impact.
N-4: If the projected noise environment for a project exceeds the standards identified
in the Noise and Land Use Guidelines, the Town shall require an acoustical
analysis so that noise mitigation measures can be incorporated into the project
design.
N-9: New projects in Downtown shall, through site and building design and the use of
the best available building technology, minimize the potential noise conflicts
between commercial and residential uses, on mixed-use and adjacent residential
properties.
The Town of Tiburon General Plan Noise Element Land Use Compatibility Guidelines
referenced in these policies is reproduced below as Figure 3. As indicated on Figure 3,
residential uses are considered normally acceptable in exterior noise environments up to 60 dB
Ldn. As noted in Noise Element Policy N-4 (above), if a project would generate noise levels in
excess of the Figure 3 standards, an acoustical analysis shall be required so that mitigation
measures can be incorporated into the project design. Therefore, the Town of Tiburon Noise
Element standards applicable to this project are 60 dB Ldn at noise-sensitive exterior locations
of residential land uses and 45 dB Ldn at interior spaces of residential land uses.
Bollard Acoustical Consultants, Inc.
2011-008
CVS Pharmacy Project
Tiburon, California
5
Environmental Noise Analysis
Figure 3 - Town of Tiburon Land Use Compatibility Guidelines for Noise
Con itu-uty Noise Exposure= ZLdn or
CNEL, in dB
I-alid Use Category 55 60 65 7 0 75 80 85
Residential
(interior noise levels not to exceed 45 dBA. Ldn
Tnuis erit Lodging, Motels, Hotels
Schools, LibTcuies, Churches, Hospitals,,
Nursing Honies
Auditoriums, Concert Halls, i lr theaters
Sports Arenas, Outdoor Spectator 15I)orts
Playgrotuids, Neighborhood larks, Tern-ds
Courts, Outdoor Recreation
Water Recreation, Riding Stables, Golf Courses,
enleteries
Office Buildings, Busilress, Coi ercial
Professional
Industrial, I,-u ufa.cturin Utilities,, .A. ic-t.rltt-ae
NoruralIV, Acceptable: Specified learLd -tv e is satirfactory, eased upon the as simption that
ar1~- t~uil lin in aTol~Ted ewe of rlc~£s~- -1 cos-t enti.oi of coii traction,, ~~~ithmt arr - special.
noise insulation red. `t iremei tts.
on 'tiona;t v Acceptable. -ems cons-Arttcticd-L - develol ent -Mould be undertak:,en on1v
after a detailed anatlySi.s of the noise red.trction requtrements, is wade and nee-L ed noise
in-stdation features included in the design.
Norurally Unacceptable: New co ti-action of development shotild be di ~c ottra a ed,. If
new consti-.rction or development does proceed., a detailed zmalysis of the noise
redtrcticrn requdrenzent` ni-ayt be made a nd. needed noise in3ttlation features included in
ffie dde%sq~n
t`leaxv Unacceptable e ca tfuction or development clearly she d not be
rug dertae..
Source: Tiburon General Plan, 2005, page 7-2.
Bollard Acoustical Consultants, Inc. CVS Pharmacy Project
2011-008 Tiburon, California
Environmental Noise Analysis
EXISTING AMBIENT NOISE ENVIRONMENT IN THE PROJECT VICINITY
The ambient noise environment in the immediate project vicinity is primarily defined by traffic on
Tiburon Boulevard. The nearest noise-sensitive receptors to the project site are the Point
Tiburon Marsh condominiums, with the nearest residential building facades a distance of 120
feet from the project property line.
To quantify the existing ambient noise environment in the immediate project vicinity, continuous
hourly noise level measurements were conducted at the project site on January 24 and 25,
2011. The noise measurement location is shown on Figure 1.
A Larson-Davis Laboratories (LDL) Model 820 precision integrating sound level meter was used
to complete the noise level measurement surveys. The meter was calibrated before use with an
LDL Model CAL200 acoustical calibrator to ensure the accuracy off the measurements. The
equipment ,used meets all pertinent specifications of the American National Standards Institute
for Type 1 sound level meters (ANSI S1.4). The noise level measurement survey results are
summarized below in Table 1, with the detailed results contained in Appendix B.
Table 1
Summary of Ambient Noise Measurement Results
CVS Pharmacy Project Property Line - January 24-25, 2011
Daytime (7 am - 10 pm) Nighttime (10 pm - 7 am)
Location Ldn Leq Lmax Leq Lmax
Project Site Boundary 53 47 64 - 72 46 58 - 67
Source: Bollard Acoustical Consultants, Inc.
The Table 1 data indicate that the existing ambient noise environment at the boundary between
the proposed CVS Store and condominiums to the north was below the Town of Tiburon 60 dB
Ldn exterior noise standard applied to residential uses.
NOISE GENERATION OF THE PROPOSED PROJECT
The noise producing components of this project evaluated in this study include truck deliveries,
drive-through operations (including speaker usage), and rooftop mechanical equipment (HVAC).
Figure 4 shows the locations of these noise sources and their approximate distances to the
nearest condominiums to the north. The noise generation of each of these sources is evaluated
individually below, as well as cumulatively.
Bollard Acoustical Consultants, Inc. CVS Pharmacy Project
2011-008 Tiburon, California
7
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Environmental Noise Analysis
Truck Delivery & Unloading Noise
According to project representatives, The CVS store will receive up to three (3) regular weekly
heavy truck deliveries to provide product for the store. These deliveries would occur on different
days and times throughout the week. Heavy truck unloading would occur at the existing loading
dock area located behind the store (see Figure 4). In addition to occasional heavy truck
deliveries, medium-duty vendor trucks and side-step vans will also deliver products to the store.
For a conservative assessment of daily truck delivery noise levels at this location, it was
assumed that 1 heavy truck and 4 medium duty trucks/vans would deliver products to the store
on a typical busy day.
BAC utilized noise level data collected at similar loading docks to quantify the noise emissions
of medium and heavy truck deliveries to the project site. At a distance of 160 feet, which
represents the distance from the truck unloading area to the nearest condominium, BAC file
data for trucks arriving and departing a loading dock area indicates that the predicted truck
delivery Ldn would be approximately 40 dB Ldn if all of the deliveries occurred during daytime
hours, and 50 dB Ldn if all of the deliveries occurred during nighttime hours. These levels do
not include the effects of shielding which will be provided by the proposed 8 foot tall property
line noise barrier, which is anticipated to further reduce truck delivery noise exposure at the
nearby condominiums by approximately 5 dB. Resulting truck delivery Ldn values will range
from of 35 to 45 dB, depending on the number of daytime versus nighttime deliveries.
The predicted exterior noise level range of 35 to 45 dB Ldn is well below the Town of Tiburon 60
dB Ldn exterior noise level standard applied to residential uses. Regarding interior noise levels,
BAC file data for similar residential structures indicates that, with windows in the closed position,
and exterior to interior building facade noise level reduction of 25 dB can be expected. With
windows open, a 10 dB building facade noise reduction can be expected. Therefore, even with
the windows of the nearby condominiums in the open position, interior noise levels within those
nearest condominiums would be approximately 25-35 dB Ldn, thereby also satisfying the
Town's 45 dB Ldn interior noise level standard. With windows closed, interior noise levels
would be even lower.
Because Ldn is a 24-hour average of noise, it tends to disguise short-term increases in noise
levels which may occur for only a few hours per day. Although predicted truck delivery and
unloading noise levels will be well below the Town's exterior and interior noise level standards
of 60 and 45 dB Ldn, even with nighttime deliveries, BAC also evaluated short-term changes in
noise levels, particularly during nighttime hours, to assess the potential for sleep disturbance at
the nearby condominiums.
Based on a Sound Exposure Level (SEL) of 85 dB at a reference distance of 100 feet for a
heavy truck delivery, and a maximum noise level of 75 dB at that same distance, the hourly
average (Leq) and maximum (Lmax) noise levels at the nearest condominiums computes to 41
dB Leq and 67 dB Lmax, including a 5 dB reduction for the proposed 8-foot tall property line
noise barrier shown in Figure 4. Table 2 summarizes the predicted truck delivery and unloading
noise levels at the nearest residences to the north.
Bollard Acoustical Consultants, Inc. CVS Pharmacy Project
2011-008 Tiburon, California
9
Environmental Noise Analysis
Table 2
Predicted Truck Delivery & Unloading Noise levels at Nearest Residences
CVS Pharmacy Project - Tiburon, CA
Predicted Exterior Noise Levels, dBA Tiburon Noise Element
Location Lmax Leq Ldn Exterior Standard, Ldn
Condos to North 67 41 35-45 60
Source: Bollard Acoustical Consultants, Inc.
Because the Table 2 levels are at, or below, the measured existing ambient noise levels at the
property boundary of the adjacent condominiums, and below Town of Tiburon noise standards,
noise generated by truck deliveries, even during nighttime hours, would not result in a significant
noise impact as defined by CEQA. In light of this conclusion and the fact that there would be a
very limited number of weekly truck deliveries to this store, no restrictions on truck delivery
hours are warranted for this project.
CVS Pharmacy Drive-Thru Operations
The project proposed a double lane pharmacy drive-thru at the location shown on figure 4. As
indicated by that figure, the distance from the drive-thru to the building fagade of the nearest
residence to the north is approximately 215 feet. In addition, Figure 4 illustrates that the line of
sight between the proposed drive-thru and ground-floor facades of the nearest residences
would be intercepted by the two proposed noise barriers.
To quantify the noise emissions of proposed drive-through vehicle passages and speaker
usage, Bollard Acoustical Consultants, Inc. conducted noise level measurements of CVS drive-
thru operations at the Calvine/Bradshaw store in Elk Grove, California. Those measurements
indicated that drive-thru speaker and vehicle idling noise levels are approximately 50 dB Leq
and 55 dB Lmax at a reference distance of 50 feet from the drive thru speaker. At the 215 foot
distance to the nearest residence, average and maximum noise levels associated with drive-
thru lane usage would reduce to 40 dB Leq and 45 dB Lmax. This level does not include any
noise reduction which would be provided by either the drive-thru lane barrier or property line
noise barrier, but does include a doubling of the measured reference noise levels to account for
the double drive-thru lanes proposed for the Tiburon store.
According to project representatives, drive-thru operations typically average 5 per hour. If both
drive-thru lanes were conservatively assumed to be busy 24-hours per day, the continuous
average noise level of 40 dB Leq would result in a daily Ldn value of 47 dB Ldn at the nearest
residences, again not including any shielding which would result from the proposed barriers.
Bollard Acoustical Consultants, Inc. CVS Pharmacy Project
2011-008 Tiburon, California
10
Environmental Noise Analysis
The predicted level of 47 dB Ldn is well below the Town of Tiburon 60 dB Ldn exterior noise
level standard applied to residential uses. Even with the windows of the nearby condominiums
in the open position, interior noise levels within those nearest condominiums would be
approximately 37 dB Ldn, thereby also satisfying the Town's 45 dB Ldn interior noise level
standard.
Because Ldn is a 24-hour average of noise, it tends to disguise short-term increases in noise
levels which may occur for only a few hours per day. Although predicted drive-thru noise levels
will be well below the Town's exterior and interior noise level standards of 60 and 45 dB Ldn,
even with nighttime operations, BAC also evaluated short-term changes in noise levels,
particularly during nighttime hours, to assess the potential for sleep disturbance at the nearby
condominiums associated with pharmacy drive-thru operations.
As noted previously, during a busy hour of drive-thru operations in which the two drive-thru
lanes would be in continuous use, the predicted average and maximum noise levels at the
nearest condominiums are predicted to be 40 dB Leq and 45 dB Lmax, not including shielding
provided by the intervening barriers. Table 3 summarizes the predicted drive-thru noise levels
at the nearest residences to the north.
Table 3
Predicted Drive-Thru Noise levels at Nearest Residences
CVS Pharmacy Project - Tiburon, CA
Predicted Exterior Noise Levels, dBA Tiburon Noise Element
Location Lmax Leq Ldn Exterior Standard, Ldn
Condos to North 45 40 47 60
Source: Bollard Acoustical Consultants, Inc.
Because the Table 3 levels are well below measured existing ambient noise levels at the
property boundary of the adjacent condominiums, and well below the Town of Tiburon exterior
noise standards, noise generated by drive-thru operations, even during nighttime hours, would
not result in a significant noise impact as defined by CEQA. In light of this conclusion, no
restrictions on the hours of pharmacy drive-thru operations are warranted for this project. In
addition, limiting the drive-thru operations to one lane instead of two is similarly unnecessary.
Bollard Acoustical Consultants, Inc. CVS Pharmacy Project
2011-008 Tiburon, California
11
Environmental Noise Analysis
Rooftop Mechanical Equipment
Project representatives have indicated that the store heating, ventilating, and air conditioning
(HVAC) requirements for this store will be met using packaged roof-top systems between 6.5
and 12.5 ton capacities. In addition, the condensing unit for the proposed walk-in cooler would
similarly be located on the roof. These units would be shielded from view by mechanical
equipment screens such as those shown in Appendix C.
Reference noise level data provided by the equipment manufacturer indicates that a 12.5-ton
packaged unit can be expected to generate an A-weighted sound power level of 85 dB, and that
the condensing unit will generate a sound power level of approximately 90 dB. The combined
sound power level of the roof-top mechanical systems is anticipated to be approximately 91-92
dB. When projected to the nearest residences, located a minimum of 150 feet from the nearest
possible equipment location, the resulting levels compute to 40-45 dB Leq, including 5 dB of
shielding provided by the equipment screens. If the rooftop mechanical equipment were to
operate 24-hours per day at full capacity, the resulting day/night average noise level at the
exterior of those nearest condominiums would be 47-52 dB Ldn. Even with windows in the
open position, the interior noise levels within those condominiums would range from 37-42 dB
Ldn, also satisfying the town's 45 dB Ldn interior noise level standard. Table 4 summarizes the
predicted mechanical equipment noise levels at the nearest residences to the north.
Table 4
Predicted Mechanical Equipment Noise levels at Nearest Residences
CVS Pharmacy Project - Tiburon, CA
Predicted Exterior Noise Levels, dBA Tiburon Noise Element
Location Lmax Leq Ldn Exterior Standard, Ldn
Condos to North 40-45 40-45 47-52 60
Source: Bollard Acoustical Consultants, Inc.
Because mechanical equipment noise is predicted to satisfy both the interior and exterior noise
level standards of the Town of Tiburon, and because the predicted noise levels are at, or below
measured existing ambient noise levels at the property line of the nearest residential use to the
project site, no restrictions on the hours of mechanical equipment operation are warranted for
this project.
Bollard Acoustical Consultants, Inc. CVS Pharmacy Project
2011-008 Tiburon, California
12
Environmental Noise Analysis
Combined Nighttime Truck Delivery, Drive-Thru, and Mechanical Equipment Noise
As noted in the previous sections, noise generated by nighttime truck deliveries would generate
an Ldn of 45 dB at the nearest residences to the north, nighttime drive-thru operations would
generate 47 dB Ldn, and nighttime mechanical equipment operations would generate an Ldn or
52 dB. The combined noise generation of all three of these project noise sources with nighttime
operations computes to 54 dB Ldn. Table 5 summarizes the combined noise levels.
Table 5
Summary of Predicted Noise levels at Nearest Residences
CVS Pharmacy Project - Tiburon, CA
Predicted Exterior Noise Levels, dBA Tiburon Noise Element
Source Lmax Leq Ldn Exterior Standard, Ldn
Truck Delivery/Unloading
67
41
35-45
Drive-Thru
45
40
47
60
Mechanical Equipment
40-45
40-45
47-52
Combined Sources
67
45-47
50-54
Source: Bollard Acoustical Consultants, Inc.
The Table 5 levels are both consistent with measured existing ambient noise levels at the
project property line (53 dB Ldn), and well below the Town of Tiburon 60 dB Ldn exterior noise
level standard applicable to the existing condominiums to the north. In addition, the combined
average (Leq) and maximum (Lmax) noise levels predicted for this store are similarly consistent
with measured average and maximum noise levels which currently occur at the condominiums
to the north. As a result, no adverse noise impacts are identified for either the individual, or
combined, noise generation of the most significant project noise sources and no restrictions on
nighttime operations of these sources are warranted.
Bollard Acoustical Consultants, Inc. CVS Pharmacy Project
2011-008 Tiburon, California
13
Appendix A
Acoustical Terminology
Acoustics The science of sound.
Ambient The distinctive acoustical characteristics of a given space consisting of all noise sources
Noise audible at that location. In many cases, the term ambient is used to describe an existing
or pre-project condition such as the setting in an environmental noise study.
Attenuation The reduction of an acoustic signal.
A-Weighting A frequency-response adjustment of a sound level meter that conditions the output signal
to approximate human response.
Decibel or dB Fundamental unit of sound, A Bell is defined as the logarithm of the ratio of the sound
pressure squared over the reference pressure squared. A Decibel is one-tenth of a Bell.
CNEL Community Noise Equivalent Level. Defined as the 24-hour average noise level with
noise occurring during evening hours (7 - 10 p.m.) weighted by a factor of three and
nighttime hours weighted by a factor of 10 prior to averaging.
Frequency The measure of the rapidity of alterations of a periodic signal, expressed in cycles per
second or here.
Ldn Day/Night A\erage Sound Level. Similar to CNEL but with no evening weighting.
Leq Equivalent or energy-averaged sound level.
Lmax The highest root-mean-square (RMS) sound level measured over a given period of time.
Loudness A subjective term for the sensation of the magnitude of sound.
Masking The amount (or the process) by which the threshold of audibility is for one sound is raised
by the presence of another (masking) sound.
Noise Unwanted sound.
Peak Noise The level corresponding to the highest (not RMS) sound pressure measured over a given
period of time. This term is often confused with the "Maximum" level, which is the highest
RMS level.
RTw The time it takes reverberant sound to decay by 60 dB once the source has been
removed.
Sabin The unit of sound absorption. One square foot of material absorbing 100% of incident
sound has an absorption of 1 sabin.
SEL A rating, in decibels, of a discrete event, such as an aircraft flyover or train passby, that
compresses the total sound energy of the event into a 1-s time period.
Threshold The lowest sound that can be perceived by the human auditory system, generally
of Hearing considered to be 0 dB for persons with perfect hearing.
Threshold Approximately 120 dB above the threshold of hearing.
of Pai n
BOLLARD
Acoustical Consultants
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An affordable solution for
equipment screening is
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EXHIBIT B
Light Study
GE PAR46 - Automotive
Oil
CAUTIONS & WARNINGS
Warning
• Pressurized lamp--unexpected rupture may cause injury, fire, or property damage
Dispose of tamp in a closed container.
Do not use lamp if outer glass is scratched or broken.
Jan 26, 2011 3:55:51 PM
For additional information. visit www.aeliahtina.com
hwZ D..... w.
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Lamp Type
Sealed Beam - PAR
Bulb
PAR46
Base
2 Contact Lugs
Filament
C-6
Wattage
50
Voltage
12.8
Rated Life
200 hrs
Bulb Material
Borosilicate glass
Primary Application
Headlamp-High beam only
M
Max. Beam Candlepower
SAE specifications
(MBCP) Abstract Values
Maximum Overall Length
4.0000 in(101.6 mm)
(MOL)
Bulb Diameter (DIA)
5.750 in(146.0 mm)
Bulb Diameter (DIA) (MAX)
5.750 in(146.0 mm)
` IN 71 0 s;
,
Product Code
18522
Description
H5001
ANSI Code
H5001
Standard Package
Case
Standard Package GTIN
00043168185226
Standard Package Quantity
6
Sales Unit
Unit
No Of Items Per Sales Unit
1
No Of Items Per Standard
6
Package
UPC
043168961417
Paae 1
EXHIBIT C
Armstrong's Operational Statement
ARMSTRONG
DEVELOPMENT
PROPERTIES, INC.
Operational Statement
CVS/pharmacy #1483
NEC Beach & Tiburon, Tiburon, CA
1375 Exposition Blvd.
Suite 101
Sacramento, CA 95818
www.affnstrongdov.com
916,643.9610
916.643.9613 fax
Armstrong Development Properties, Inc. (ADPI) proposes a redevelopment of the property
located at the northeast comer of Beach Road and Tiburon Boulevard in Tiburon, CA. The
redevelopment project will allow CVS/pharmacy and another retail tenant to occupy the vacant
building previously home to DeLano's Market. The proposed CVS/pharmacy retail store will
provide health and beauty aids, personal care items, gift` items, beer, wine, distilled spirits,
common household goods, vitamins, and retail pharmaceutical products available over-the-
counter or bk prescription from the in-store pharmacy. In addition to these products, the
proposed store will-also provide one-hour photo processing, as well as standard photo processing
from standard negatives or digital photography. Other than photographic prints, products are not
produced onsite, but a full range of products are available in-store, with an emphasis on
convenience to the consumer.
ADPI,, on behalf of CVS/pharmacy, is requesting a .Conditional Use Permit (CUP) in order to
pursue a type 21 liquor license to sell a limited availability of beer, wine and distilled spirits for
off-site consumption only.
The proposed CVS/pharmacy will be located at 1599 Tiburon Boulevard. The Assessor Parcel
Number for the project is -081-026-20. The property is currently zoned "NC/AHO"
Neighborhood Commercial Affordable Housing Overlay. The proposed CVS/pharmacy project
is consistent with both the current "NC/AHO" land use designation as well as the Tiburon 2020
General Plan.
The intent of this redevelopment project is to create a sustainable and viable retail project that
will be an 'asset to the community for years to come. Renovations to the existing building will
consist of the addition of drive-through facilities for CVS/pharmacy and all necessary
improvements for the proposed -retail space including but not limited to a new storefront, interior
demising walls, and utility laterals. A Tenant for the proposed retail space will be determined at a
later date and could be either a retail or restaurant use. CVS/pharmacy intends to sublease the
retail. space to a tenant that not only compliments the CVS/pharmacy but also offers goods or
services-that will benefit the surrounding community. Site improvements-will be minimal and
will include the repair of any damaged sidewalks,.all necessary upgrades to ensure that the project
is ADA compliant, as well as new landscaping throughout the parking area in order to improve
the overall appearance of the site. Additionally, the project proposes to widen Tiburon Blvd, in
order to provide eight new parallel off-site parking spaces and install a new public sidewalk.
The reason that a Condition Use Permit is being requested is that while alcoholic beverages are
expected to comprise only a small percent of the store's shelf-space, it is nevertheless necessary
in order to provide CVS/pharmacy customers with a complete range of convenient products.
CVS/pharmacy is committed to taking all feasible steps to address any potential concerns from
EXHIBIT N0. I
An affiliate of the Armstrong Group of Companies P, Z vl~
law enforcement about'the site, especially with regard to the sale of alcoholic beverages. For
instance, CVS/pharmacy has an extensive employee-training program and is a responsible retailer
of all types of goods including alcoholic beverages.
CVS/pharmacy facilities are. designed to provide a safe environment for patrons and employees.
To that end, the following design elements are incorporated into the security plan: adequate
lighting levels, employee supervision of the facility, and closed circuit video monitoring system
with cameras located strategically throughout the property.
As part of the commitment to the safety of the community, CVS/pharmacy will voluntarily agree
to the following stipulations that'are often required for authorization to obtain a series 21 license:
1. A closed circuit video monitoring system shall be installed with colored digital video
cameras mounted in the interior and exterior of the premises in such a position as to
be visible to patrons yet not accessible by reach.
2. A notice shall be placed therein that California state law prohibits the sale of
alcoholic beverages to persons who are under the age of twenty-one (21) years and
no such sales will be made.
3. Post and maintain a professional quality sign stating "No loitering is allowed on or in
fro:6 of these premises."
4. The possession of alcoholic beverages in open containers or the consumption of
alcoholic beverages will be prohibited on the premises or any adjacent property under
the control of CVS/pharmacy. CVS/pharmacy will post and maintain a professional
quality sign stating "No open alcoholic beverage containers are allowed on these
premises."
5. The parking lot of the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on
or about the parking lot, Additi onally, the position of such lighting shall not disturb
the normal privacy and use of any neighboring residences.
6. CVS/pharmacy will adhere to any applicable Business and Professions Codes.
CVS/pharmacy recognizes the seriousness of loitering, delinquency, crime and underage
drinking. Therefore, through over 40 years of experience, CVS/pharmacy has developed
stringent operational standards and training programs to teach techniques for the lawful selling of
alcoholic beverages. CVS/pharmacy will require all employees selling alcoholic beverages to
complete its training program and execute a semi-annual acknowledgement of its alcohol sales
policies. In addition CVS/pharmacy is open to operating conditions that the Town of Tiburon
considers necessary to ameliorate significant concerns that may exist.
As mentioned above, the proposed CVS/pharmacy building will also include drive-through
facilities for prescription pharmaceuticals drop-off and pick-up only. The purpose of the drive-
through is to offer a convenient service for all customers including those who are sick, injured, or
the elderly that may be hindered by an ailment that discourages them from entering the store.
During peak hours of business, the typical CVS/pharmacy drive-through window services five to
seven customers an hour. The proposed site plan layout includes sufficient stacking for the two
drive through lanes which are isolated from the project's primary parking area in order to avoid
any potential conflicts between customers utilizing the drive-through and other motorists or
pedestrians.
Initially the CVS/pharmacy will operate approximately from the hours of 7 a.m. to 10 p.m., seven
days week; however, if the demand of the neighborhood warrants 24 hour operations
EXHIBIT No. ~
aP -7
CVS/pharmacy would like the ability to remain open as a service to the community. The typical
CVS/pharmacy generally has between 25-30 employees on payroll. The typical number of
employees staffed at a given time throughout the day may be between 4-12 depending on time of
day, year and other factors. Most part-time employees will work between 20-25 hours per week
and most full-time employees will work approximately 40 hours per week.
CVS/pharmacy will receive regular weekly deliveries, typically loading and unloading from a
WB-50 type delivery truck. There may be as many as three of these trucks arriving at different
days and times throughout the week to unload product for the store. Every effort is made to
schedule deliveries during non-peak hours of operation in order to avoid conflicts with parked
motorists and surrounding traffic conditions.
In addition to the everyday services that were previously mentioned that CVS/pharmacy will
provide, this location may host a seasonal or annual flu clinic for the benefit of the local
consumers, which may include an in-store display or sign to notify consumers of the date and
time: If held, this activity would. be inside the -store. Besides the seasonal clinic, many.
CVS/pharmacy facilities also include a wellness center. This center, known as a "Minute Clinic",
is staffed by a registered. nurse practitioner who can diagnose and prescribe pharmaceuticals for
minor ailmentl.
No hazardous materials or waste will be produced during the construction of this project or
during the normal operation of the CVS/pharmacy.
ADPI believes that a retailer such as CVS/pharmacy would be a welcome use to this area and the
redevelopment project will be an. added benefit to the entire community. Should Staff have any
questions or concerns regarding -this application, please do not hesitate to contact Armstrong
Development Properties, Inc. at any time.
Sincerely,
Josh Eisenhut
Armstrong Development Properties, Inc.
jeisenhut(d~a oc.com
EXHIBIT NO.
p q DF
EXHIBIT D
CVS/pharmacy
Drive-Through
Study Memorandum
MEMORANDUM
Re: CVS/pharmacy Drive-Through Study
Purpose
The purpose of this internal study was to determine the maximum number of vehicles that
queue at the drive-through windows and average queue length at typical CVS/pharmacy
locations in metropolitan Phoenix. (For purposes of this analysis,.one vehicle present at a
window was considered a queue of one vehicle.)
Results - Full-service Window
MAXIMUM QUEUE: 3 vehicles 3210 East Union Hills with 5 Occurrences
MAXIMUM QUEUE: 3 vehicles 765 South Lindsay Road with 1 Occurrence
AVERAGE QUEUE: 1.38 vehicles All Locations and All Times
MAXIMUM VEHICLES PER HOUR:
AVERAGE VEHICLES PER HOUR:
Results Drop-off Only Window
MAXIMUM QUEUE: 1 vehicle
AVERAGE- QUEUE: 1 vehicle
7.25 vph 3210 East Union Hills
2.52 vph All Locations and All Times
Five Locations and Numerous occurrences
All Locations and All Times
MAXIMUM VEHICLES PER HOUR: 1.00 vph 2840 North Dysart
AVERAGE VEHICLES PER HOUR: * 0.13 vph All Locations and All Times
Procedure
Fourteen exiting CVS/pharmacy locations with drive-through windows were identified as
listed below.
1. . 5975 West Chandler Boulevard, Chandler.
2. 990 East Warner Street, Chandler.
3. 2005 North Dobson Road, Chandler.
4. 765 South Lindsay, Gilbert.
5. 2371 East Guadalupe Road, Gilbert.
6. 2840 North Dysart Road, Goodyear.
7. 5954 East McDowell Road, Mesa.
8. 6015 East Brown Road,. Mesa.
9. 1212 South Greenfield, Mesa.
10. 9950 East Guadalupe Road, Mesa.
11. 2809 South Sossaman Road, Mesa. .
12. 10727 West Olive Avenue, Peoria.
13. 3210 East Union Hills Drive, Phoenix.
14. 8245 West Thomas Road, Phoenix.
Each of the fourteen locations was examined to determine their acceptability for the
purposes. of this drive-through study. Prior to initiating the study, it was determined that
six locations would be counted.
The first primary determinant was the magnitude of the existing residential development
in the vicinity of the CV S/pharmacy. It was assumed that the greater the extent of
residential development in the vicinity of the study site, the more likely the drive-through
window would experience typical customer use.
The second primary determinant was the length. of queue storage at the drive-through
window visible to an approaching driver. All of the sites had long waiting areas, and
extensive signing and pavement marking indicating the location of the drive-through
windows. However, the waiting areas at some of the buildings were on one side of the
building and the drive-through window was immediately around the corner -of the
building. Therefore the drive-through windows at some locations were not visible to
approaching drivers. It was assumed that this circumstance might affect the decision by
an individual driver to use the drive-through windows.
A secondary determinant was to include locations from different geographic areas
throughout metropolitan Phoenix.
The following six (6) CVS/pharmacy locations were counted and analyzed:
1. 5975 West Chandler Boulevard, Chandler.
2. 990 East Warner Street, Chandler.
3. .765 South Lindsay. Road, Gilbert.
4. 2840 North Dysart Road, Goodyear.
5. 10727 West Olive Avenue, Peoria.
6. 3210 East Union Hills Drive, Phoenix.
The maximum queue length at the full-service window for all study locations, dates, and
times was three (3) vehicles. Three-vehicle queues occurred at 765 South Lindsay and at
3210 East Union Hills Drive on a Thursday. The table below indicates the maximum
queue length at each location..
Location
Maximum Queue
DU of Week
1.
5975 West Chandler Boulevard
2
Thursday & Saturday
2.
990 East Warner Street
2
Thursday
3.
765 South Lindsay Road
3
Thursday
4.
2840 North Dysart Road
2
Thursday
5.
10727 West Olive Avenue
2
Thursday & Saturday
6.
3210 East Union Hills Drive
3
Thursday
The maximum queue of 3 vehicles occurred at 765 Lindsay Road from 3:40 to 3:44 PM
on a Thursday. The maximum queue of 3 vehicles occurred at 3210 East Union Hills
from 3:44 to 3:49 PM, 4:05 fo 4:11 PM, 4:48 to 5:06 PM, 5:24 to 5:27 PM, and 5:41 to
5:44 PM.
The table .below indicates the average queue length at the full-service window when a
vehicle vas present.
Location .
Thursday
Saturday
Both
1.
5975 West Chandler Boulevard
1.15
1.30
1.30
2.
990 East Warner Street
1.13
1.00
1.00
3.
765 South Lindsay Road
1.43
1.50
1.50
4.
2840 North Dysart Road
1.25
1.00
1.00
5.
10727 West Olive Avenue
1.27
1.13
1.13
6.
3210 East Union Hills Drive
2.08'
1.11
1.11
ALL LOCATIONS .
1.50
1.31
1.38
The maximum number of vehicles served at a full-service window for all study locations
from 8:00 to 9:00 AM on Thursday was.5, which occurred at 3210 Union Hills Drive.
The maximum number of vehicles served at a full-service window from 11:00 AM to
1:00 PM on a Thursday was 8, which occurred at 765 South Lindsay. The maximum
number of vehicles served at a full-service window from 3:00 to 7:00 PM on a Thursday
was 29, which occurred at 3210 East union Hills Drive. The maximum number of
vehicles served on a Saturday from 10:00 AM to 6.:00 PM at a full-service window was
20, which occurred at 5975 West Chandler. The table below indicates the maximum
number of vehicles that were served at each location during each count period.
THURSDAY
SATURDAY
LOCATION 8:00 to 9:00
11:00 to 1:00
3:00 to 7:00
10:00 to 6:00
1.
5975 West Chandler
4
2
7
20
2.
990 East Warner
0
6
'18
12
3.
765 South Lindsay
2
8.
18
12
4.
2840 North Dysart
1
4
11.
6
5.
10727 West Olive
0
5
10
15
6.
3210 East Union Hills
5
5
29
19
The maximum number of vehicles served per hour at a full-service window for all study
locations from 8:00 to 9:00 AM on Thursday was 5, which occurred at 3210 Union Hills
Drive. The maximum number of vehicles served per hour at a full-service window from
11:00 AM to 1:00 PM on a Thursday was 4, which occurred at 765 South Lindsay. The
maximum number of vehicles served: per hour at a full-service window from 3:00 to 7:00
PM on a Thursday was 7.25, which occurred at 3210 East. Union Hills Drive. The
maximum number of vehicles served per hour on a Saturday from 10:00 AM to 6:00 PM'
was 4.75, which occurred at 3210 East Union Hills. The table below indicates the
maximum number of vehicles per hour were served at each location during each time
period.
THURSDAY
SATURDAY
LOCATION 8:00 to 9:00
11:00 to 1:00
3:00 to 7:00
10:00 to 6:00
1.
5975 West Chandler
4 -
1.0
1.75
4.50
2..
990 West Warner
0
3.0
2.50 -
1.50
3.
765 South Lindsay
2
4.0.
4.50
.1.50
4.
2840 North Dysart
1
2.0
2.75
0.75
5.
10727 West Olive
0
2.5
2.50
3.75
6.
3210 East Union Hills
5
2.5
7.25
4.75
RECEIVED
_j FEB 1 5 2011
LATE MAIL
Peggy Curran TOWN MANAGERS OFFICE
Town Manager TOWN OFTIBURON
Town of Tiburon
As a business owner group, we strongly urge the town to
reconsider allowing CVS to operate within the city limits. It is our
understanding that Woodland Market had planned on putting in a
pharmacy operated by a local couple but has now put those plans on
hold because of CVS. Not only would a chain store change Tiburon's
image of a quaint village, it would open the door to many other
"chain" operations with CVS being the first. Chain operations are
something the town has objected to in the past and rightfully so. We
welcome the Woodland Market as it would keep the integrity of our
historic small town while providing a much needed service. We
should not allow Tiburon to become another suburban shopping
mecca like Corte Madera, San Rafael or Novato. We must keep the
chains such as Toys R Us, The Gap, Starbucks, Taco Bell, or their
latest endeavor, satellite stores, out of our historic town.
Sincerely
r
1 U - E C E ~ Y E
FEB "s 5 2011
TOWN CLERK
TOWN OF TIBURON
i
To:
From:
Mayor & Members of the Town Council
Community Development Department
Town Council Meeting
February 16, 2011
Agenda Item: ~P_v
Subject: Repeal of Zoning Ordinance-Based Green Building Regulations:
Introduce and Consider First Reading of an Ordinance Repealing
Article IX (Green Building) and Related Sections of Chapter 16
(Zoning) of the Tiburon Municipal Code; Adoption of a Resolution
Rescinding Green Building Standards from the Current Zoning-Based
System
Reviewed Bv:
BACKGROUND
The Town adopted its current "green building" regulations in 2008 as part of its Zoning
Ordinance. The green building standards were based on the LEED methodology for non-
residential buildings and on the GreenPoint rating system for residential projects.
Effective January 1, 2011, the State of California's new CALGreen construction code went into
effect, and the Town Council adopted local amendments to CALGreen on January 19, 2011.
CALGreen applies to both new residential and non-residential projects, and implements green
building from a mandatory state-wide building code perspective that is considerably different
than existing systems (GreenPoints) used by the Town. CALGreen is more rigorous than the
Town's GreenPoints system. Since any local amendments made to the California building codes
must be more restrictive (as opposed to more lenient), the Town's current green building
regulations (Exhibit 4) are no longer enforceable. Repeal of the Town's current zoning-based
green regulations, and the Resolution (Exhibit 5) establishing standards for that system, is
appropriate at this time.
Over the coming months, Town staff will evaluate the range of options available with respect to
further strengthening the Town's green building regulations and report back to the Council.
Options include but are not limited to maintaining the status quo, adopting the Green BERST
systems already adopted by certain other Marin County jurisdictions, or adopting the more
stringent Tier 1 standards set forth in CALGreen.
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
PLANNING COMMISSION REVIEW
The Planning Commission held a public hearing on the repeal of the zoning-based green building
regulations on January 12, 2011 and unanimously recommended repeal of these provisions. The
Commission's resolution to that effect is attached as Exhibit 3.
RECOMMENDATION
Following a public hearing, staff recommends that the Town Council:
1. Hold a public hearing and consider any testimony.
2. Move to read by title only and introduce the ordinance (Exhibit 1) amending Title IV, Chapter
16 (Zoning) of the Tiburon Municipal Code to repeal the zoning-based green standards and
waiving any additional readings.
3. Adopt the Resolution rescinding the zoning-based Green Standards (Exhibit 2).
EXHIBITS
1. Ordinance No. 524 N. S. (Draft) repealing zoning-based green building regulations
2. Draft Resolution rescinding the zoning-based green standards
3. Planning Commission Resolution recommending repeal
4. Green Building excerpt from Zoning Ordinance
5. Resolution 44-2008 establishing Green Building Standards
Prepared by: Scott Anderson, Director of Community Development .1~
S:WministrationlTown CouncillStaffReports1201]Teb 16draftslGreen Building Repeal report.doc
ORDINANCE NO. 524 N.S. (DRAFT)
AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
REPEALING THE ZONING ORDINANCE-BASED GREEN BUILDING
REGULATIONS CONTAINED IN TITLE IV, CHAPTER 16 (ZONING) OF THE
TIBURON MUNICIPAL CODE
WHEREAS, Article IX of Chapter 16 (Zoning) of the Tiburon Municipal Code sets forth
green building regulations for the Town of Tiburon; and
WHEREAS, the Town of Tiburon is obligated under state law to adopt a new
construction code, known as CALGreen, that provides more stringent green building standards
than are set forth in the Town's green building regulations in Article IX; and
WHEREAS, state law requires that local amendments to building code may not be less
stringent than those contained within the state-adopted code, thereby necessitating the repeal of
the Town's Green Building provisions contained in Article IX and referenced in other sections of
the Zoning Ordinance; and
WHEREAS, the Town Council finds that adoption of the ordinance is exempt from the
requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the
CEQA Guidelines; and
WHEREAS, the Town Council hereby adopts this ordinance in order to promote and
protect the public health, safety, and general welfare and achieve compliance with state-
mandated construction codes.
NOW, THEREFORE, the Town Council of the Town of Tiburon does ordain as
follows:
Section 1. Repeal.
The following portions of Title IV, Chapter 16 of the Tiburon Municipal Code are hereby
repealed:
A. Article IX (Green Building) of Title IV, Chapter 16 (Zoning) of the Tiburon
Municipal Code is repealed in its entirety, including from the Table of Contents.
Town of Tiburon Ordinance No. XXX N. S. Effective xx1xx12011 Page 1 of 2
J L) ._1ET 2. NO.
B. Article V, Section 16-52.020 (E) (5) is repealed.
C. Article VI, Section 16-66.020 (C) (4) is repealed.
D. Article X, Section 16-100-020 (C), the definition of "Certified green building rater" is
repealed.
E. Article X, Section 16-100-020 (G), the definition of "Green building rating checklist"
is repealed.
Section 2. Publication and Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after the date of passage,
and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the
ordinance shall be published with the names of the members voting for and against it at least
once in a newspaper of general circulation in the Town of Tiburon.
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on , 2011, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon on , 2011 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE L. CRANE IACOPI, TOWN CLERK
S.•IPlanninglPlanning Commission lStaff Reports1201I Uanuary 12 meetinglRepeal Chapter 16 Article IX Green ord.doc
Town of Tiburon Ordinance No. XXX N. S. Effective xx/xx/2011 Page 2 of 2
RESOLUTION NO. DRAFT-2011
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
RESCINDING RESOLUTION NO. 44-2008 ESTABLISHING STANDARDS FOR
GREEN BUILDING
WHEREAS, in October 2008, the Town Council adopted Resolution No. 44-2008
establishing standards for green building applicable to both residential and non-residential
projects. The standards implemented provisions set forth in Article IX of Chapter 16 (Zoning) of
the Tiburon Municipal Code regarding Green Building; and
WHEREAS, the Town of Tiburon is obligated under state law to adopt, and has
adopted, a new construction code known as CALGreen that provides more stringent green
building standards than are set forth in Resolution No. 44-2008; and
WHEREAS, state law requires that local amendments to building code may not be less
stringent than those contained within the state-adopted code, thereby necessitating the repeal of
the Town's Green Building provisions contained in Article IX and the rescission of green
building standards set forth in Resolution No. 44-2008; and
WHEREAS, the Town Council finds that adoption of this resolution is exempt from the
requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the
CEQA Guidelines; and
WHEREAS, the Town Council hereby adopts this resolution in order to promote and
protect the public health, safety, and general welfare and achieve compliance with state-
mandated construction codes.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby rescind Resolution 44-2008, adopted October 15, 2008, effective
immediately.
Tiburon Town Council Resolution No. XX-2011 Page 1 of 2
NO. Cl-
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on , 2011, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE L. CRANE IACOPI, TOWN CLERK
S: WministrationlTown CouncihStaff Reports120111Feb 16 draftsTescind Green Building Standars reso.doc
Tiburon Town Council Resolution No. XX-2011 Page 2 of 2
RESOLUTION NO. 2011-01
A RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL ADOPTION
OF AN ORDINANCE REPEALING THE GREEN BUILDING REGULATIONS CONTAINED
WITHIN THE ZONING ORDINANCE CHAPTER OF THE TIBURON MUNICIPAL CODE
WHEREAS, the Town of Tiburon has initiated the repeal of its zoning ordinance-based
green building regulations due to the fact that more stringent building code-based green building
regulations have been adopted by the State of California and went into effect on January 1, 2011;
and
WHEREAS, notice of the Planning Commission's public hearing on the matter was
published in the Ark newspaper on December 22, 2010 and was publicly posted; and
WHEREAS, the Planning Commission did hold a duly noticed and advertised public
hearing on January 12, 2011 and considered any testimony received during the public hearing;
and
WHEREAS, the Planning Commission finds that adoption of the ordinance is exempt
from the requirements of the California Environmental Quality Act pursuant to Section
15061(b)(3) of the CEQA Guidelines; and
WHEREAS, the Planning Commission finds that adoption of the proposed ordinance is
consistent with the goals, policies, and programs of the Tiburon General Plan, and is consistent
with the objectives of the Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
recommends that the Town Council adopt the ordinance repealing Article IX (Green Building) of
Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code, as set forth in the attached Exhibit
"A", incorporated herein.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the
Town of Tiburon held on January 12, 2011, by the following vote:
AYES: COMMISSIONERS: Corcoran, Doyle, Frymier, Kunzweiler & Tollini
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
/s/ Cathy Frymier
CATHY FRYMIER, CHAIR
Tiburon Planning Commission
TIBURON PLANNING COMMISSION RESOLUTION NO. 2011-01 01/12/2011 1
E7' UNBIT NO.
ATTEST:
SCOTT ANDERSON, SECRETARY
Attachment: Exhibit "A", Draft Ordinance
S: IPlanninglPlanning Commission lResolutions12011 1201 1-01, Green Building Zoning Repeal.doc
TIBURON PLANNING COMMISSION RESOLUTION NO. 2011-01 01/12/2011
EXHIBIT
L lot(-
J
ORDINANCE NO. XXX N.S.
AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
REPEALING THE ZONING ORDINANCE-BASED GREEN BUILDING
REGULATIONS CONTAINED IN TITLE IV, CHAPTER 16 (ZONING) OF THE
TIBURON MUNICIPAL CODE
WHEREAS, Article IX of Chapter 16 (Zoning) of the Tiburon Municipal Code sets forth
green building regulations for the Town of Tiburon; and
WHEREAS, the Town of Tiburon is obligated under state law to adopt a new
construction code, known as CALGreen, that provides more stringent green building standards
than are set forth in the Town's green building regulations in Article IX; and
WHEREAS, state law requires that local amendments to building code may not be less
stringent than those contained within the state-adopted code, thereby necessitating the repeal of
the Town's Green Building provisions contained in Article IX and referenced in other sections of
the Zoning Ordinance; and
WHEREAS, the Town Council finds that adoption of the ordinance is exempt from the
requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the
CEQA Guidelines; and
WHEREAS, the Town Council hereby adopts this ordinance in order to promote and
protect the public health, safety, and general welfare and achieve compliance with state-
mandated construction codes.
NOW, THEREFORE, the Town Council of the Town of Tiburon does ordain as
follows:
Section 1. Repeal.
The following portions of Title IV, Chapter 16 of the Tiburon Municipal Code are hereby
repealed:
A. Article IX (Green Building) of Title IV, Chapter 16 (Zoning) of the Tiburon
Municipal Code is repealed in its entirety, including from the Table of Contents.
Town of Tiburon Ordinance No. XXX N. S. Effective xx/xx/2011 Page 1 of 2
B. Article V, Section 16-52.020 (E) (5) is repealed.
C. Article VI, Section 16-66.020 (C) (4) is repealed.
D. Article X, Section 16-100-020 (C), the definition of "Certified green building rater" is
repealed.
E. Article X, Section 16-100-020 (G), the definition of "Green building rating checklist"
is repealed.
Section 2. Publication and Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after the date of passage,
and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the
ordinance shall be published with the names of the members voting for and against it at least
once in a newspaper of general circulation in the Town of Tiburon.
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on , 2011, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon on , 2011 by the following vote:
AYES : COUNCILMEMBERS :
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE L. CRANE IACOPI, TOWN CLERK
S: IPlanninglPlanning Commission 1Staff Reports120ll Uanuary 12 meetinglRepeal Chapter 16 Article IX Green ord.doc
Town of Tiburon Ordinance No. XXX N. S. Effective xxW2011 Page 2 of 2
TOWN OF TIBURON MUNICIPAL CODE- TITLE IV CHAPTER 16, ZONING ORDINANCE
ARTICLE .IX
Green Building
16-90 GREEN BUILDING ............................................................................................IX-3
16-90.010 -Purpose
IX-3
16-90.020 - Covered Projects
IX-3
16-90.030 - Standards for Compliance
IX-4
16-90.040 - Documentation
IX-4
16-90.050 -Review of Documentation
IX-5
16-90.060 - Verification .
16-90.070 - Cost of Verification
IX-6
16-90.060 - Exemptions
Article IX - Green Building
IX-1
Effective 4-16-2010
E~'~".EUBIT NO.
TOwN OF TIBURON MUNICIPAL CODE - TITLE IV, CHAPTER 16, ZONING ORDINANCE
Green Building
16-90.010
16-90 Green Building
Section:
16-90.010 -Purpose
16-90.020 - Covered Projects
16-90.030 - Standards for Compliance
16-90.040 - Documentation
16-90.050 - Review of Documentation
16-90.060 - Verification
16-90.070 - Cost of Verification
16-90.080 - Exemptions
16-90.010 - Purpose
The purpose of Section 16-90 is to enhance the public health and welfare and assure that residential
development is consistent with the. Town's desire to create a more sustainable community by
incorporating green building measures into the design, construction and maintenance of buildings
and appurtenant development. The green building practices referenced. in this `Section 16-90 are
designed to achieve the following objectives:
A. Encourage. resource conservation;
B. Reduce waste generated by construction projects;
C. Increase energy and water efficiency; and
D. Promote the health of residents.
16-90.020 Covered Projects
Provisions of Section 16-90 shall apply to:
A. The construction of new dwelling units, including dwelling units deemed "new
construction" in compliance with Subsection 16-52.020.x. (New construction projects
versus remodel projects).
B. Additions to existing dwelling units that constitute at least five hundred square feet of
conditioned floor area.
C. The construction of new non-residential buildings or additions to existing buildings that
equal or exceed 3,000 square feet of conditioned space.
D. Town-sponsored projects.
Article IX - Green Building Effective 4-16-2010
IX-3
TOWN OF T IBURON MUNICIPAL CODE - TITLE 1V, CHAPTER 16, ZONING ORDINANCE
Green Building
16-90.030 - Standards for Compliance
16-90.030
All covered projects shall demonstrate compliance with the applicable green building rating
checklist or system and minimum point requirements set forth in the green building Standards for
Compliance, as established by separate resolution of the Council., as amended from time to time.
16-90.040 - Documentation
A. Residential Projects. Application for building permits for residential covered projects
shall submit two completed sets of the applicable green building rating checklist and
supporting documentation indicating the measures to be used to achieve the required
number of points to achieve conformance with the Town's Standard for Compliance. The
submitted green building rating checklist shall be prepared or certified as accurate by a
certified green building rater. Building permit drawings shall indicate in the general notes
or individual detail drawings, where appropriate, the green building measures to be used to
attain the required number of points.
B. . Non-residential Projects.
1. Projects from 3,000 to 19,999 square feet of conditioned space. All applicants
are required to retain the services of a LEEDS Accredited Professional and submit
a copy of the LEEDS checklist and supporting documentation indicating
compliance with the Town's Standards for Compliance, signed by the project
LEEDS Accredited Professional prior to issuance of a building permit. All
building documents shall. indicate in the general notes and/or individual detail
drawings, where feasible, the green building measures employed to attain the
applicable LEEDS rating.
2. Projects exceeding 19,999 square feet of conditioned space. Non-residential
covered- projects shall follow the certifying and procedural requirements of the
U.S. Green Building Council for the LEEDS rating system. All applicants are
required to retain the services of a LEEDS Accredited Professional and complete
LEEDS project registration prior to issuance of a building permit. Applicants shall
submit proof of registration of the project with the. U. S . Green Building Council
and submit a copy of the LEEDS checklist and supporting documentation
indicating compliance with the Town's Standards for Compliance, signed by the
project LEEDS Accredited Professional, prior to issuance of a building permit. All
building documents shall indicate in the general notes and/or individual detail
drawings, where feasible, the green building measures employed to attain the
applicable LEEDS rating. The applicant shall also provide the Building Official
with online access to the U.S. Green Building Council website in order for the
Building Official to monitor the submission of documents by the applicant to the
U.S. Green Building Council. If the Building Official determines the project is no
longer in compliance with the approved plans or that the applicant is not diligently
pursuing LEEDS certification by the U.S. Green Building Council, the Building
Official may issue a stop work order.
Article IX - Green Building Effective 4-16-2010
IX-4
TOWN OF TIBURON MUNICIPAL CODE-TITLE N, CHAPTER 16, ZONING ORDINANCE
Green Building
16-90.050
3. Alternative rating system. The Council may, by resolution, :adopt an alternative
green building rating system other than LEEDS.
16-90.050 - Review of Documentation
If the Building Official determines that the green building documentation fails to indicate that the
project will conform to the Standards for Compliance, the documentation shall be returned to the
applicant as incomplete, with an indication of additional information or project modifications that
may be required for approval. A . building permit, including a grading permit, shall not be issued
until the submittal documentation has been approved.
16-90.060 - Verification
A. Residential projects. A Certified Green Building Rater or Town building inspector shall
verify that the green building measures indicated in the approved green building
documentation have been implemented through inspections during the construction of -the
project or through review of purchase receipts or photographic documentation. At the
completion of project construction, the Certified Green Building Rater or Town building
inspector shall verify compliance with the approved green building documentation and the
Standards for Compliance. During the verification process for the project, flexibility may
be exercised by substituting other allowable compliance measures. Substitution -of
measures must be approved by the Building Official by submittal and approval of a revised
Green Building Rating Checklist by the Certified Green Building Rater. An occupancy
permit or final :inspection approval for the construction project shall not be granted until
the Building Official has determined that all required green building measures have been
implemented.
B. Non-residential projects.
1. Projects from 3,000 to 19,999 square feet of conditioned space. A LEEDS
Accredited Professional shall verify that the green building .measures indicated in
the approved green building documentation have been implemented through
inspections during the construction of the project or through review of purchase
receipts or photographic documentation. At the completion of project construction,
the LEEDS Accredited Professional shall verify compliance with the approved
green building documentation and the Standards for Compliance. During the
verification process for the project, flexibility may be exercised by substituting
other allowable compliance measures. Substitution of measures must be approved
by the Building Official by submittal and approval of a revised LEEDS checklist
by the LEEDS Accredited Professional. An occupancy permit or final inspection
approval for the construction project shall not be granted until the Building Official
has determined that all required green building measures have implemented.
Certification through the U.S. Green Building Council is not required.
2. Projects exceeding 19,999 square feet of conditioned space. Prior to approval of
a final inspection for any covered non-residential project, the applicant shall
demonstrate substantial completion of the LEEDS documentation for the project
as evidenced by accessing the online information of the project on the U.S. Green
Building Council's website, following which the Building Official shall grant a
Article IX - Green Building
Effective 4-16-2010
IX-5
TOWN OF TIBURON MUNICIPAL CODE- TITLE IV, CHAPTER 16, ZONING ORDINANCE
Green Building 16-90.070
conditional occupancy permit if all other requirements have been satisfied. Within
one year of granting such conditional occupancy permit, the applicant (or current
owner) shall submit satisfactory evidence of LEEDS certification to the Building
Official. Failure of the applicant to submit such evidence shall be a violation of
this Municipal Code, entitling the Building Official to revoke the conditional
occupancy permit, require the vacancy of the building, and/or impose a civil
penalty of $250 per day against the applicant (or current owner) until such
evidence of certification has been submitted.
16-90.070 - Cost of Verification
The costs for verification of compliance with green building requirements, including the hiring of a
Certified Green Building Rater or a LEEDS Accredited Professional, shall be borne by the
applicant.
16-90.080 - Exemptions
A. Exemptions.. This Section shall not apply to:
1. Secondary dwelling units,
. 2. Civic facilities that are located within leased buildings,
3. Historic buildings, or
4. Any project that received and maintains a valid Site Plan and Architectural Review
approval or a building permit, or which has submitted a complete Site Plan and
Architectural Review application or a completed Building Permit application prior
to October 31, 2008.
B. Hardship or Infeasibility Exemption. An exemption from the Standards for Compliance
based on hardship or infeasibility may be granted by the Building Official under special
circumstances. Such circumstances may include, but are not limited to: availability of
green building materials and technology,. conflict between green building requirements and
other building or zoning standards, or provision of alternate methods that provide greater
resource conservation, energy conservation or resident health than adopted green building
measures. The determination by the Building Official shall be provided in writing to the
applicant. The decision of the Building Official may be appealed to the Council in
compliance with Section 16-66 (Appeals).
Article-IX -Green Building
Effective 4-16-2010
IX-6
RESOLUTION NO. 44-2008
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ESTABLISHING GREEN BUILDING STANDARDS FOR COMPLIANCE, GREEN
RATING SYSTEMS, AND INCENTIVES FOR HIGHER GREEN RATINGS
WHEREAS, the design, construction and operation of buildings and structures within
the Town can have a significant impact on the Town's environmental sustainability, resource
usage, energy efficiency, waste management and the health and productivity of residents,
workers and visitors; and
WHEREAS, the design, construction and operation of buildings and structures also has
far-reaching effects on the region and globally through production of green house gases resulting
in global climate change and the consumption of resources that impact wildlife habitat; and
WHEREAS, green building benefits are spread throughout the systems and features of
the extensive use of high-recycled content products; recycling of waste that occurs during
deconstruction, demolition and construction; orientation and design of a building to reduce the
demand on the heating, ventilating, and air conditioning systems; the use of heating, ventilating,
and air conditioning systems that provide energy efficiency and improved air quality;
enhancement of indoor air quality by selection and use of construction materials that do not emit
chemicals that are toxic or irritating to building occupants; the use of water conserving methods
and equipment; and installation of alternative energy methods for supplemental energy
production; and
WHEREAS, in recent years, green building design, construction and operational
techniques have become increasingly widespread. Many homeowners, businesses and building
professionals have voluntarily sought to incorporate green building techniques into their projects.
A number of local and national systems have been developed to serve as guides and rating
systems for green building practices. The U.S. Green Building Council, developer of the
Leadership in Energy and Environmental Design (LEED®) Green Building Rating Systems, has
become a leader in promoting and guiding green building, particularly for non-residential
structures. The Alameda County Waste Management Authority has developed the New Home,
Remodeling and Multi-Family Green Building Guidelines and associated Green Points
Checklists, published by Build It Green, which have been adopted for use in several Bay Area
jurisdictions including the County of Marin, City of San Rafael, and City of Larkspur; and
WHEREAS, according to recent studies published by the United States Green Building
Council and the U.S. Environmental Protection Agency, the construction, demolition and
operation of building in the United States collectively consume up to 37% of the total energy
used, 12% of all fresh water supplies, 40% of all raw materials used, and generate 36% of total
emissions of anthropogenic carbon dioxide, the primary greenhouse gas associated with global
climatic change, and 46% of all sulfur dioxide emissions, 19% of nitrogen oxide emissions and
10% of fire particulate emissions; and
Tiburon Town Council Resolution No. 44-2008 Adopted 1011512008 1
Ey"'ITDIT N0.S
WHEREAS, by requiring buildings within the Town of Tiburon to be constructed in an
environmentally responsible manner, the Town of Tiburon is participating in global endeavors to
reduce carbon dioxide, sulfur dioxide, nitrogen dioxide, waste generation and habitat change;
and
WHEREAS, on June 11, 2008, the Tiburon Planning Commission conducted a public
hearing and recommended adoption of the Zoning Ordinance amendments, green building rating
system, compliance standards, and incentives to the Town Council; and
WHEREAS, the Town Council has held public hearings on July 16, September 17, and
October 1, 2008 and has adopted a series of green building regulations through amendments to
the Tiburon Municipal Code, which regulations reference and rely upon the standards of
compliance set forth herein; and
WHEREAS, the Town Council finds that adoption of this Resolution is exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15308 of
the CEQA Guidelines, which exempt changes in land use regulations intended for the protection
of the environment, and/or have no potential to result in adverse impacts on the environment, and
are exempt from the requirements of CEQA pursuant to Section 15061 [b(3)] of the CEQA
Guidelines. The proposed regulations would reduce local, regional and global impacts on air and
water quality, resource consumption, waste generation and habitat change.
NOW THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon adopts the following Standards for Compliance for administration of Green Building
regulations contained in Title IV, Chapter 16 (Zoning), Article VIII, of the Tiburon Municipal
Code.
Standards for Compliance and Rating Checklists or Systems
All "covered projects", as set forth in Title IV, Chapter 16, Article VIII, Section 16-8.2 of the
Tiburon Municipal Code, shall be constructed using the following green building Standards for
Compliance and green building rating checklists or systems:
a) New single-family dwellings, and additions to existing single-family dwellings that
constitute at least a fifty percent (50%) increase in conditioned space, shall achieve at
least sixty (60) green points using the most recently published edition of the New Home
Construction Green Building Guidelines and the associated Single Family GreenPoint
Checklist published by Build It Green. Secondary dwelling unit additions are exempt.
b) New two-family dwellings, and additions to existing two-family dwellings that constitute
at least a fifty percent (50%) increase in conditioned space, shall achieve at least sixty
(60) green points using the most recently published edition of the New Home
Construction Green Building Guidelines and the associated Single Family GreenPoint
Checklist published by Build It Green.
Tiburon Town Council Resolution No. 44-2008 Adopted 1011512008 2
c) Single family dwelling additions that are greater than five hundred (500) square feet, but
that constitute less than a fifty percent (50%) increase in conditioned space of an existing
dwelling, shall achieve at least six (6) green points using the most recently published
edition of the New Home Construction Green Building Guidelines and the associated
Single Family GreenPoint Checklist published by Build It Green, with a minimum of two
(2) points from at least three (3) categories.
d) Two-family dwelling additions that are greater than five hundred (500) square feet, but
that constitute less than a fifty percent (50%) increase in conditioned space of an existing
two-family dwelling, shall achieve at least six (6) green points using the most recently
published edition of the New Home Construction Green Building Guidelines and the
associated Single Family GreenPoint Checklist published by Build It Green, with a
minimum of two (2) points from at least three (3) categories.
e) New multiple dwellings (3 or more units), and additions to existing multiple dwellings
that constitute at least a fifty percent (50%) increase in conditioned space, shall achieve at
least sixty (60) points using the most recently published edition of the Multifamily Green
Building Guidelines and the associated Multifamily GreenPoint Checklist published by
Build It Green.
f) Multiple family dwelling additions that are greater than five hundred (500) square feet,
but that constitute less than a fifty percent (50%) increase in conditioned space of an
existing two-family dwelling, shall achieve at least six (6) green points using the most
recently published edition of the New Home Construction Green Building Guidelines and
the associated Single Family GreenPoint Checklist published by Build It Green, with a
minimum of two (2) points from at least three (3) categories.
g) New non-residential construction of 3,000 to 19,999 square feet of conditioned space
shall achieve at least a LEEDS "Silver" rating (33-38 points ) using the most recently
published version of the LEEDS for New Construction or other more appropriate
LEEDS rating system as determined by the Building Official based on the proposed
construction type, and
h) New non-residential construction exceeding 19,999 square feet of conditioned space shall
achieve at least a LEEDS "Gold" rating (39-51 points) using the most recently published
version of the LEEDS for New Construction or other more appropriate LEEDS rating
system as determined by the Building Official based on the proposed construction type.
i) Town-sponsored projects shall achieve at least a LEEDS "Gold" rating (39-51 points),
using the most recently published version of the LEEDS for New Construction or other
more appropriate LEEDS rating system as determined by the Building Official based on
the proposed construction type, unless specifically exempted by resolution of the Town
Council.
Tiburon Town Council Resolution No. 44-2008 Adopted 1011512008 3
Incentives
Projects that meet the following enhanced green building standards are entitled to administrative
and financial incentives:
a) New single-family dwellings and major additions thereto, and new two-family dwellings
and major additions thereto, which achieve at least one hundred (100) points using the
most recently published edition of the New Home Construction Green Building
Guidelines and the associated Single Family GreenPoint Checklist published by Build It
Green.
b) New multi-family dwelling units or major additions thereto, which achieve at least one
hundred (100) points using the most recently published edition of the Multifamily Green
Building Guidelines and the associated Multifamily GreenPoint Checklist published by
Build It Green.
c) New non-residential construction that achieves at least a LEEDS "Platinum" rating using
the most recently published version of the LEED® for New Construction of other more
appropriate LEEDS rating system as determined by the Building Official based on the
proposed construction type.
Administrative and financial incentives shall include all of the following:
a) Expedited processing of building permit plan checks.
b) Reimbursement for costs of a Certified Green Building Rater associated with verification
of compliance with green building regulations for residential projects up to a maximum
of $1,000 per project.
c) Provision of a plaque certifying the building as meeting the Town's "Emerald" Green
Building Standards.
d) Provision of a Town Green Building logo for placement on construction and sales
signage.
e) Listing on the Town's website for a period of time, as determined by the Director of
Community Development.
BE IT FURTHER RESOLVED that this resolution shall go into effect on October 31,
2008.
Tiburon Town Council Resolution No. 44-2008 Adopted 1011512008 4
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
.iron held on October 15, 2008, by the following vote:
AYES:
NOES:
ABSENT
ATTEST:
COUNCILMEMBERS : Berger, Collins, Fredericks, Gram, Slavitz
COUNCILMEMBERS : None
COUNCILMEMBERS : None
r
DIANE CRANE IACOVI, TOWI~T CLERK
Tiburon Town Council Resolution No. 44-2008 Adopted 1011512008
5
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January 10, 2011,
Dear Town of Tiburon,
0 E C E ~ V E rFES _9 Zo„
TOWN CLERK
TOWN OF TIBURON
We are very excited to host the 2'd bi-annual Walk Your History event this year on May
7th. The 2009 event was sponsored equally by the Town of Tiburon, City of Belvedere,
Tiburon Peninsula Foundation and Belvedere Community Foundation. It was an
incredible success with over 1000 community members joining us for a day of history,
exercise and camaraderie!
This year we are planning two self-directed, walking loops on the peninsula dotted with
volunteer docents at historic hotspots. The focus of these walks will be the colorful
boating and golfing history of the peninsula and will incorporate the Then and Now and
Looking Back plaques in Belvedere and Tiburon, as well as historical homes, China
Cabin, and Old St. Hilary. We will end at the Belvedere Community Park with music,
community non-profit information booths and BBQ Lunch.
This is a free community event and not possible without your sponsorship! Please
consider donating $2500 for the event! In return we will include your name with our list
of sponsors on all publications including but not limited to: banners, postcards, posters,
newspaper ads, fact sheets, e-mails, and newsletters.
Thank you for your consideration and ongoing support.
Sincerely,
Cathleen Andreucci
Director
Belvedere Tiburon Joint Recreation
415-435-4355
Directorgbtrecreation.org
Leslie Doyle
Co-Director
Belvedere Tiburon Landmarks Society
415-847-4209
Lesliedoylea,sbcglobal.net
2011 Budget
PR - Advertising
$2,050
Postcards
$450
Ads
$500
Postage
$1000
Window Posters
$100
Volunteers $850
Cast Party (training) $150
Coffee & Lunch $300
Costumes $400
Belvedere Park $2,800
Park set-up (Garbage, toilets) $300
:Music $1000
BBQ Lunch $1500
Other Expenses $4,300
Historic Site Information $400
Passport - Walk Booklet $3000
Insurance $200
Directional Sigilage $600
:Misc. $100
C`narIn
clean
energy Marin Clean Energy at a Glance - February 2011
It started as a 'blue sky' idea and became known as Marin Clean Energy. And now,
after having flipped the switch on cleaner, greener energy procurement, it's already
working. Entire communities are painlessly participating in a decision to help stop
the escalation of damaging greenhouse gas emissions; and all at competitive prices
DAWN WEISZ "C;.r0;~r"cvI? with no compromise of service, stability, or supply.
Together we're reducing our dependence on fossil fuels, helping Marin residents to
play an active role in environmental responsibility, and setting a higher standard for
communities all over the country to follow. It has to start somewhere. And though
Tom Cmmifs`Ei.~..
C11, 1'y 1 BE"", vi,.. ERE
it took a few years and extensive research to make sure we got it right, we did it.
You did it. We all did it... together.
~_i_, ~v Tr~E MA:!N .
- A Look Back at 2010:
TOWN .O AU?fAJS
1. Making History
Ci-IA'''J.S MrGi..A~HAN
a. Launched California's first CCA program (Marin Clean Energy) on May 7,
co 'N i Y OF PVIAfV N
2010
b. Approximately 9,000 customers
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2. Exceeding Green House Gas reduction goals
a. 78% carbon-free energy, almost 50% increase in the percentage of
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carbon-free content originally projected
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b. 26.5% California Certified renewable energy
c. Exceeded California renewable portfolio standard by 33%
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3. Receiving Recognition
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a. Ranked 13 on the Environmental Protection Agency's Top 20 Local
Government list of the largest green power purchasers
JON , I..IAN 1 "..0IN
b. MEA Chair McGlashan and Executive Officer Weisz honored as co-recipients
C} T Y OF Ss1US;^OT0
of 'Persons of the Year - 2010' by the Power
Association of Northern California
I':;(-: 1ARD COLLINS
4. Supporting our Community
a. Provided funding to support the installation of 5 electric
vehicle charging stations in Marin County
5. Promoting Renewable Energy Development
a. Launched Feed-In Tariff (FIT) program for small power producers to
increase development of renewable energy in Marin
b. Launched one of the best Net Energy Metering programs in the state and
marin energy
pay and credit customers a premium rate for solar
authority
generation
c. Releases request for proposals (RFP) for local (and nearby) renewable
energy projects between 1 and 40 megawatts in size
&EPA
4GREEN
PARTNER
/81 LINOS LN AvL.*., Si 320 SAN AFAE:l, CA 94901 (888) 6 32..3674 (MARINE NE Rr. YA(,: H0R:1Y.COM I MAC INCLEANENERG`Y.i,r. M
A Look Ahead at 2011
1. Exceeding GHG Reduction Goals
a. 66.5% carbon-free energy
b. 28% California Certified renewable energy
c. Exceeding California renewable portfolio standard by 40%
d. 68,595 tons of CO2 reduced annually
e. Expecting an additional annual CO2 reduction of 132,083 metric tons due to Feed-In Tariff
and energy contracted from 2010 RFP (6,290 metric tons for FIT and 125,794 metric tons
for RFP)
f. At full roll out this CO2 reduction rate would exceed Marin's AB32 reduction target in less
than three years
2. Promoting Renewable Energy Development
a. MCE secured 680,000 MWh of clean energy under contracts for landfill gas and
hydroelectric resources in California to begin coming on line starting in 2011
b. Launching community solar program for customers to invest in solar without installing it on
their own rooftops
3. Maintaining Financial Prudence
a. Paid back all loans from County of Marin, Town of Fairfax, and individual lenders
b. Refinanced loan from River City Bank
c. Proposed 14% rate decrease to take effect April 8, 2011
d. Proposed removal of early Deep Green monthly enrollment fee ($10/month) to take effect
April 8, 2011
4. Promoting Energy Efficiency
a. Providing energy efficiency rebates for customers who participate in Energy Upgrade CA
5. Expanding Customer Base
a. Enrollment of remaining 70,000 customers planned for January 2012