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HomeMy WebLinkAboutTC Min 1992-11-04 TOWN COUNCIL r MINUTES CALL TO ORDER Mayor Kuhn called the regular meeting of the Town Council of the Town of Tiburon to order at 7:35 p.m., Wednesday, November 4, 1992, in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Nygren, Friedman, Thayer, Thompson, Kuhn ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Town Engineer Bala, Supt. of Public Works Iacopi, Planning Director Lohman, Senior Planner Anderson, Associate Planner Catron, Finance Director Stranzl, Police Chief Herley, Minute Clerk Kearney. t' B. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMITTEES After discussion, the Town Manager was directed to inquire whether any member of the DRB or BAR are willing to serve on both boards until a decision is made in January 1993 regarding consolidation of the two boards. The Town Manager will submit names , prior to the next Town Council meeting. C. PUBLIC OUESTIONS AND COMMENTS None. D. CONSENT CALENDAR At the request of Councilmember Thayer, Item #3 was removed from the Consent Calendar for discussion. . Motion: fB~11 L 2. To approve the amended Consent Calendar consisting of the following items: 1. APPROVAL OF MINUTES #955, October 7,1992; #956, October 20, 1992 MARIN COUNTY HAZARDOUS WASTE MANAGEMENT PLAN . Resolution Friedman, Seconded by Nygren. AYES: Unanimous Ie- Moved: Vote: TOWN COUNCIL MINUTES #959 11/4/92 1 I'"' - /ffliYo 3. PRECISE DEVELOPMENT PLAN (A.P. #38-182-32, 375 Taylor Road; Applicant: Miranda Leonard; 8,000 sq. n. Single Family Residence, Tennis Court & Accessory Buildings on 4.88 Acres . Resolution) The Senior Planner reviewed the direction given by the Town Council at the October 21, 1992, meeting regarding the easement, and outlined an alternative easement proposed by the applicant and agreed upon by Mr. Madsen which restricts the easement to a much smaller area. Councilmember Nygren expressed concern that the smaller area may be closed off by landscaping; therefore, she would not support this proposal. The Town Council noted the absence of Mr. Madsen and expressed reluctance to approve the new proposal without Mr. Madsen's assurance that he would agree to this change. After discussion, the Council concurred that the previous alternative as agreed upon at the last Town Council meeting was a compromise acceptable to all parties. Steve Thayer, attorney for the applicant, stated his client has no strong objection to the previously approved easement. Motion: r Moved: Vote: To adopt the proposed Resolution substituting the proposed language for Condition No.6 as outlined in the staff report. Friedman, Seconded by Thayer AYES: Unanimous E. PUBLIC HEARINGS 4. SMOKING ORDINANCE - Ordinance, 2nd Reading The Town Attorney reviewed the proposed changes agreed upon by the Town Council at the October 20 public hearing. The Town Manager noted receipt of a letter from the downtown merchants expressing concern that the Town is passing this law in advance of other communities in Marin; however, the Chamber of Commerce supports the ordinance. Councilmember Thompson responded that Mill Valley, Belvedere and Sausalito are also considering similar legislation. Mayor Kuhn opened the public hearing; and upon receiving no public comment, closed the public hearing. " Motion: Moved: Vote: To read the Ordinance by Title Only. Friedman, Seconded by Nygren AYES: Unanimous TOWN COUNCIL MINUTES #959 11/4/92 2 Motion: r-- ~ Moved: Vote: To pass second reading of AN ORDINANCE OF THE TOWN COUN- CIL OF THE TOWN OF TIBURON REPEALING THE EXISTING CHAPTER 28 OF THE TIBURON MUNICIPAL CODE AND ADDING A NEW CHAPTER 28 PROHIBmNG TOBACCO SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT AND REGU- LATING THE SALE OF TOBACCO PRODUCTS. Friedman, Seconded by Nygren AYES: Nygren, Friedman, Thayer, Thompson, Kuhn 5. JUVENILE ALCOHOL OFFENSES AND IMPOSITION OF FEES FOR POLICE SERVICES (Ordinance, 2nd Reading) Mayor Kuhn noted the correction to the proposed ordinance deleting "unsupervised" from the first paragraph under Section 1. Mayor Kuhn opened the public hearing; and upon receiving no public comment, closed the public hearing. Motion: Moved: Vote: Motion: ~ Moved: Vote: To read the Ordinance by Title Only. Friedman, Seconded by Nygren AYES: Unanimous To pass second reading of AN ORDINANCE OF THE TOWN COUN- CIL OF THE TOWN OF TIBURON ADDING SECTIONS 25-6 AND 25-7 TO THE TIBURON MUNICIPAL CODE CONCERNING JUVENILE ALCOHOL OFFENSES AND IMPOSITION OF FEES FOR POLICE SERVICES. Thayer, Seconded by Nygren AYES: Nygren, Friedman, Thayer, Thompson, Kuhn 6. WATER WELL ORDINANCE (Amendments Proposed by MMWD - Ordinance, 2nd Reading) Mayor Kuhn opened the public hearing. Herb Neistant, representing the Builders Exchange, reviewed the Builders Exchange's opposition to the MMWD's proposed revisions requiring a geotechnical engineer's verification of well adequacy during a drought and the posting of a bond or other security ensuring that buyers will connect to MMWD should the well run dry. Therefore, he requested these two provisions not be included in the proposed ordinance. Vice-Mayor Friedman suggested this matter be tabled and that Staff request MMWD to respond to the Builders Exchange recommendations and comments. The Town Council concurred. ~ TOWN COUNCIL MINUTES #959 11/4/92 3 ,.... - t' ~ /1~Qf'\ 7. r PRE-ZONING OF 5.87 ACRES OF PROPERlY (A.P. #38-142-04 & 39-151-09; 4478 Paradise Drive; Owner: Gerda Kircher - Resolution) The Senior Planner reviewed the staff report and recommended Council adopt the proposed resolution prezoning the subject properties to RO-l and Marine zones as recommended by the Planning Commission. Mayor Kuhn opened the public hearing. Violet Grayson, attorney representing the applicant, requested the applicant be allowed to place both houses on the higher lot away from the beach; that the higher lot be zoned R-2; and that no development occur on the lower beachfront lot. Hearing no further public comment, Mayor Kuhn closed the public hearing. After discussion, the Town Council agreed to prezone the subject lots RO-l in compliance with the General Plan and consider a lot line adjustment that would allow for a second dwelling after annexation has occurred. Motion: To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PREZONING OF CERTAIN PROPERTY ON PARADISE DRIVE (AP NOS. 38-142-04 AND 38-151-09). Friedman, Seconded by Thayer AYES: Unanimous Moved: Vote: 8. APPEAL DESIGN REVIEW BOARD DECISION (A.P. #39-161-33; Gilmartin Drive; Applicant and Appellant: Bonnie Agins) Vice-Mayor Friedman noted that two court reporters, hired by the applicant, were present as well as two videotape recorders; and he stated that the Town Council had discussed and determined that videotaping the meetings would be disruptive and unnecessary to the proceedings. John Collette, attorney representing the applicant, protested the Town Council's decision regarding videotaping the meeting and requested they reconsider on the grounds that the applicant should be allowed to obtain a clear record of the proceedings. The Town Council maintained their decision regarding videotaping; and requested the applicant provide the Town with a copy of the court reporters' transcription and recordings. The Planning Director summarized the staff report, the basis for the DRB's denial of the project, and the subsequent basis for appeal by the applicant. He stated the DRB requested the applicant scale the house down in size in compliance with the Hillside Guidelines and Town policies, but the applicant refused to further modify the house design. Further, he stated the settlement agreement does not guarantee for the building of a 30' high structure as claimed by the applicant. TOWN COUNCIL MINUTES #959 11/4/92 4 I'""'- ~ The Associate Planner clarified the technical aspects of the application and reviewed the DRB's decision for denial of the application, stating the design was deemed inappropri- ate and overburdened the site, and created an excessively negative visual impact. Councilmember Nygren questioned and discussed the comparable size and bulk of this proposed home to others in the neighborhood; whether the structure could be resituated on the site without significantly impacting views from the proposed home, but improving views from existing homes; and landscaping that may potentially add to view blockage. Jim Lavelle, Chairman of the DRB, reviewed the process underwhich the application was considered by the DRB and stated the applicant was given opportunity to modify the proposal, but the applicant requested the DRB vote on their application as proposed at the second hearing. He further stated that the Town Attorney had instructed the Board to adopt a resolution denying the application without a public hearing at its next meeting. However, the applicant's attorney was not present at either DRB hearing, but when the resolution was adopted denying the application, Mr. Collette stated that he was being denied the opportunity to speak on behalf of his client. Mr. Lavelle reiterated that the application was reviewed and evaluated fairly on its own merits. On behalf of his client, Mr. Collette requested the Town Council review the plan and either approve the proposal or send it back to the DRB for further review. t' Miles Berger, the applicant's architect, reviewed the proposed plan and stated their proposal is considerably under the coverage and height restrictions on the lot; stated the lot is invisible from most sites in Tiburon; stated the Poppel's view of San Francisco would be blocked by a single story home as well as a two story home, but they would still have tremendous views from other areas of their home; stated that in order to satisfy the Poppel's concerns, the applicant would have to abandon their San Francisco views; stated the mass of the home has been articulated across the lot; stated the proposed home's height of 29.6' compares to the Poppel's home which is 29.5' high; stated there were no other objections regarding view blockage except from the Poppels; stated the proposed oak tree will be the same size as the existing bay trees on the site and will provide a buffer to the Poppel's view of structures on the property; stated the hardscape will be screened from public view with landscaping. The Planning Director stated that Board's findings for the size and height of the Poppel's residence should not be used to justify the Agin's application because of the differences in design, lot coverage and square footage. Mayor Kuhn read into the record the receipt of four colored drawings marked as Exhibit A and a letter dated November 4, 1992, from Mr. Collette with attachments marked as Exhibit B. ~ Pete Peterson, applicant's landscape architect, reviewed the proposed landscape plans for the project and stated the proposed oak tree will be sculpted and not grow very large. TOWN COUNCIL MINUTES #959 11/4/92 5 r ~ The ,Planning Director stated that he thought the settlement agreement established lot coverage: limitations for this property at 30% and height limitations at 30' which was consistent with RPD-l zoning under the old zoning ordinance. Martha.:McCart, consultant to the applicant, responded to questioning by the Council regarding ' possible conflict of interest relating to this project; and she stated that her previous employment by the Town was during the period when the subject property was iJil.;litigation.:before either the California or United States Supreme Courts and she had no involvement in that litigation. Further, she stated she was formerly employed as the pmject'manager for the adjacent Del Madera development, but did not have any pexsOnal.:.i:nvestment in the project. t' MS.'Mceartreviewed the history of the project; stated it was always intended from 1981 that'llShouse would be built on the ridge, in this location, in this building envelope; the onlytlimitaiinn stipulated was a maximum height of 533' above sea level for the roof; stated the-settlement agreement is the result of Measure C litigation which abolished the 53~l1imitation on building, added a fourth lot to the property, and confirmed the tiriginaibufuling envelope with modification for the area removed near the lower portion of the lot to form the fourth lot. She noted that the Tiburon Ridge has been heavily iIeveIoped;:reviewed photographs of existing homes on the ridge and home frontages, as well::as:photographs of the Agin's story poles as viewed from the Poppel home and comparisons with existing lot coverages in adjacent developments. In conclusion, she stated Ihislitpplication was unfairly rejected since its relationship to its site and general design are not out of scale and balance with other homes in the area. leI ::; l::',.':S::. Upon questioning by Vice-Mayor Friedman, Ms. McCart stated that three-quarters of the homes in her comparison study have roof lines with a maximum height of 30'. There was'additional discussion regarding the establishment of the building envelope in 1981; and Ms;,McCart stated that the intent behind the use of building envelopes was never to-completeiy fill them with structure; the fact that the stipulated settlement agreement did not address lot coverage; and the fact that lot coverage was determined by design review at that time. In response to a question, Ms. McCart stated that homes currently being approved are generally larger than those which were approved in 1985. The Planning Director clarified that staff never suggested that this home be single story; stated the lower development will not effect the views of the Agins or Poppels and the only view blockage from the Agins property will be from their own lot. ~ Mr. Collette reviewed Mrs. Agins' understanding of the 1988 stipulated settlement agreement stating she was entitled to an additional lot and that the height restriction of 533' above mean sea level be lifted, which she understood would allow her to build a two~story home on the ridge within the building envelope. At the DRB hearing, she was under ,the impression that the DRB and Staff were requesting she remove the second story, and that the DRB and Staff were not abiding by the settlement agreement; therefore, she felt this matter should be brought before the Town Council. Mr. Collette TOWN COUNCIL MINUTES #959 11/4/92 6 r - requested the Town Council acknowledge Ms. Agins' entitlement to a second story house and either approve the design or remand it back to the DRB. Mr. Collette submitted site plan Exhibit "B"for the record which he contends indicates an accurate and lower FAR of 15,108 sq. ft. than was calculated by Staff at 17,057 sq. ft. He disputed the basis for the DRB's findings as outlined in the Staff report. After discussion, it was agreed that the zoning for the property was RPD-l The Planning Director stated that at no time did he ever recommend that the structure be moved outside the building envelope or be a one story. He only stated that he said the problem was the two-story element at the top of Gilmartin Drive and its impact on the ridge. Mayor Kuhn opened the public hearing. ~ Harvey Poppel, 147 Gilmartin Dr., stated he was opposed to the appeal, the proposed structure would block his San Francisco views, devalue his property, and the proposed gatehouse would damage his Golden Gate Bridge view. He submitted photographs indicating the view of the story poles from his second story; stated the 1988 settlement agreement cost them some protections and they did not have access to this information when they planned their home; stated the proposed home would sit directly on the Hacienda ridgeline; the most recent submission omits from their total hardscape coverage the tennis court, swimming pool, etc.; the applicants can design and site an attractive home with views by setting the house in a different orientation relative to the setbacks. Sandy Walker, architect representing Mr. Poppel, made several suggestions for siting the house to preserve views, including moving the Agins home closer to the proposed tennis court and out of the main view corridor. Mr. Poppel urged that the applicants not be given special consideration; stated he will do whatever is legally available to preserve his rights; and urged the Town Council deny the appeal. Russell Pratt, 95 Mt. Tiburon, disputed Mr. Collette's letter in which he stated no other neighbors besides the Poppels objected to the proposed home; stated that he and die Zacks also objected to the project because of its mass; stated this home will destroy the ridgeline; stated Mrs. Agins never intended to listen or respond to suggestions of the DRB; expressed concern that the home will be built as a speculation home and will be difficult to sell because of its size and price; stated the proposed home should be judged according to current design review standards in spite of the settlement agreement; and requested the Town Council reject the appeal. t Howard Zack, 99 Mt. Tiburon, expressed objection to the proposed design due to its mass and view impacts; stated the home will have a major impact on the ridgeline; requested his letter of October 26th outlining his concerns be included in the record. TOWN COUNCIL MINUTES #959 11/4/92 7 r", Larry Duke, former Mayor, clarified the settlement agreement and stated it was the intention of the Town to allow Mrs. Agins two concessions in return for her giving up her right to monetary damages against the Town, including the fourth lot on the property and relief of the 21' height limitation on lot #1. The goal in those discussions was to allow Mrs. Agins a San Francisco view within the 30' height limitation. I Bonnie Agins, applicant and appellant, stated that according to Mr. Poppel, she should be denied use of one-third of her property to salvage his views; and requested the Town Council give her more direction regarding what she is entitled to do with her property. When questioned whether she planned to make this her primary residence; Ms. Agins responded that she was unsure whether she would live in it and it was dependant upon the economy and her financial situation. Mr. Collette stated that Mr. Poppel was allowed the maximum use of his lot and was allowed to set his home on the highest point on his lot to the maximum elevation of 30'; and stated the neither Mr. Pratt's nor Mr. Zack's primary views would be impaired by this design. Mayor Kuhn closed the public hearing. " Vice-Mayor Friedman indicated his support of the DRB decision; stated this home was too large and prominent on the ridge; stated this house does not comply with the zoning ordinance and design guidelines in effect at the time of the settlement agreement; stated the fact that other homes were built on the ridge does not mean they must allow this home to also be built on the ridge since the Town's goals are to protect the ridge; stated he was stunned that Mr. Poppers home was approved; and stated he would vote to deny the Agins appeal. Councilmember Nygren concurred with Vice-Mayor Friedman's comments and reviewed statements from the old General Plan which indicate the site and design review needs to be firmly applied to insure compatibility of structures with their natural environment; that where development occurs near ridges, the visual impact shall be minimized; that ridgelines shall be preserved through siting and building location controls to minimize visual impact; and the Housing Element stated that architectural excellence and harmony with the physical environment are to be encouraged. Therefore, she stated that this residence is monumental and excessively large in size and is in direct contradiction to the hillside guidelines; the structure is not compatible with the natural environment; the size or bulk of the building is not in relation to the character or compatible with the existing buildings in the vicinity as required in the old zoning ordinance and housing element; inadequate attempts have been made to minimize the visual impact of the home on the ridgeline; other options to lessen the obstruction to neighbor's view corridors have not been pursued; and she would vote to deny the appeal. t Vice-Mayor Friedman pointed out that it has not been indicated in any of the material submitted that the DRB was attempting to deny the applicants a two story house. Councilmember Thayer stated the proposed home is completely out of scale with TOWN COUNCIL MINUTES #959 11/4/92 8 surrounding properties; the house would be seen from everywhere in Town; the house does not protect the ridge; and he would therefore vote to deny the appeal. r I Councilmember Thompson stated that although this is a large home, the owner of the property has made substantial efforts to show that if their home is moved back they lose their own view; it is in their settlement agreement that they would not be restricted in square footage by the current general plan; credit should be given to the architect in his attempts to protect the ridge; the massing has been mitigated a great deal by the proposed landscaping; disappointed that there was not more mediation and discussion between the appellant and Mr. Poppel regarding view compromises; and would recommend this matter be remanded back to the DRB for further review. Mayor Kuhn stated he felt obligated to comply with the Town's policies and therefore he would deny the appeal. Motion: Moved: Vote: " 9. To deny the appeal with prejudice and instruct Staff to prepare a resolution for adoption at the next regular Town Council meeting which states the denial based upon and including the comments made by the Town Council and Staff. Friedman, Seconded by Thayer AYES: Nygren, Friedman, Thayer, Kuhn NOES: Thompson APPEAL BUILDING CODE REQUIREMENT SEC. 3306(F) (A.P. #38-022-64; Applicants and Appellants: Bill and Bess Davoren, 5080 Paradise Drive) The Planning Director reviewed the staff report and stated the applicants are requesting the Town Council waive the requirements of the Uniform Building Code to allow him an undersized, illegal spiral staircase for their second unit. Staff recommended the appeal be denied. Bill and Bess Davoren, the appellants, urged the Council approve the staircase; offered to provide the Town a hold harmless agreement; and stated they cannot afford to remove the staircase. Mayor Kuhn opened the public hearing; and upon receiving no public comment, closed the public hearing. Vice-Mayor Friedman stated that economic reasons cannot be considered, but only the safety design and code issues must be addressed; therefore, because the staircase is illegal, he would reluctantly vote to deny the appeal. Councilmembers Nygren, Thompson, Kuhn and Thayer concurred, but agreed it would be appropriate to waive the appeal fees. t Motion: Motion: Vote: To waive the appeal fees. Thompson, Seconded by Nygren AYES: Unanimous TOWN COUNCIL MINUTES #959 11/4/92 9 \ r" - Motion: Moved: Vote: To deny the appeal. Friedman, Seconded by Thompson AYES: Unanimous F. UNFINISHED BUSINESS 10. GOVERNMENT RESTRUCTURING a. Financial & Operations Review Committee (Appoint Committee & Define Scope) Councilmember Thayer reported that a workshop meeting is scheduled for Monday, November 9th, to discuss the Committee's scope of responsibilities. The Town Council agreed to appoint Katy Bruel, Nicky Wolf, Barbara Boucke, Ben Agee, Richard Hinkle, Robert Cooke, Russ Wischow, Glenn Smith, and Councilmember Thayer, with Harry Matthews and Councilmember Thompson as ex officio, to the Financial & Operations Review Committee. Motion: t' Moved: Vote: To approve the appointment of the aforementioned members to the Financial & Operations Review Committee with Harry Matthews and Councilmember Thompson as ex officio. Friedman, Seconded by Nygren AYES: Unanimous b. So. Marin Police Dispatching (Progress Report) Police Capt. Steve Lewis and Chief Herley reported that the consolidated dispatching program is progressing smoothly and exceeding expectations; therefore, they will be moving up their timetable by two weeks to move the PSAP operations to Mill Valley. He stated they will be requesting the Town Council to authorize the purchase of larger equipment if the program test results prove successful. Councilmember Thayer requested periodic reports regarding the number of calls received, response time, and a cost benefit analysis; and that the County's proposal be compared with the test results when received and reported to the Council. 11. EMERGENCY OPERATIONS CENTER (EOC) TABLETOP EXERCISE - November 19, 1:00 P.M. to 5:00 P.M. Police Capt. Lewis reported that the EOC table top exercise in scheduled for Thursday, November 19, 1992, and stated that because of room size constraints, they are compiling a limited list of those who will be attending the exercise. Therefore, he requested only one Councilmember attend. It was agreed that Vice-Mayor Friedman would attend. t Mayor Kuhn stressed the importance of including the City of Belvedere in this program. TOWN COUNCIL MINUTES #959 11/4/92 10 ,,/ G. STAFF AND TOWN MANAGER REPORTS r - 12. Planning Director's Resignation (Appointment of Acting Planning Director - Oral Report by.Town Manager) The Town Manager announced the appointment of Senior Planner Scott Anderson as Acting Planning Director effective December 1, 1992, upon the resignation of Planning Director Jack Lohman. A It was agreed to reschedule the adjourned meeting of November 10 to the ' regularly scheduled meeting of November 18, 1992. B. The Town Manager reported that the Venus Court overlay project is underway and came in $39,000 under budget; therefore, he requested the Town Council make a decision to continue the project while the equipment is in place to either Juno Court at a cost of $40,000, or Mercury Drive at a cost of $50,000. He recommended Council place this matter on the agenda and approve the additional work on Mercury Drive. Motion: Moved: Vote: To place this matter on the agenda for discussion. Friedman, Seconded by Thayer AYES: Unanimous ~ Katy Bruel and Nicky Wolf recommended the work on Mercury Drive be done since it is next on the priority list. Motion: To approve the overlay on Mercury Drive and approve the appropriation of an additional $10,000 to complete the project. Thompson, Seconded by Nygren AYES: Unanimous Moved: Vote: H. CLOSED SESSION The Town Council adjourned to Closed Session at 1:30 a.m., Thursday, November 5, 1992, to discuss pending litigation. ~' TOWN COUNCIL MINUTES #959 11/4/92 11 I. ADJOURNMENT r. - There being no further business before the Town Council of the Town of Tiburon, Mayor Kuhn adjourned the meeting at 1:45 a.m., Thursday, November 5, 1992, to Saturday, November 7, for a tour of the Donahue Building. ~ ALVIN R. KUHN, MAYOR ATIEST: ~'~'~4~ RES M. NESSY, T CLERK ~ l/ ~ TOWN COUNCIL MINUTES #959 11/4/92 12