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HomeMy WebLinkAboutTC Digest 2011-09-23TOWN COUNCIL WEEKLY DIGEST Week of September 19 - 23, 2011 Tiburon 1. Letter - Daniel Rabin - Alta Robles Residential Development 2. Letter - Calif. Native Plant Society - Alta Robles Project 3. Email - Jill Barnett - Comments on Library Expansion 4. Notice - Nicholas Nguyen - Del Mar Valley Undergrounding Assessment District - Project Update 5. Memo - Dan Watrous - Recommendations for Downtown Beautification 6. Letter - Stefan Stauffer - Traffic Safety Issue on Paradise Drive 7. Letter - Kol Shofar - Dates for Jewish New Year, High Holy Day services at Kol Shofar Agendas & Minutes 8. Minutes - Planning Commission - August 24, 2011 9. Meeting Cancellation - Planning Commission - September 28, 2011 10. Agenda - Tentative - Town Council Special Meeting -October 5, 2011 Regional a) ABAG - Notice of Election of the President & Vice President - Procedures b) ABAG - Fall General Assembly - October 13, 2011 c) C&L Newsletter - Update on Public Law - Summer 2011 d) Great Age - Newsletter - Marin County Commission on Aging - Fall 2011 Agendas & Minutes e) None * Council Only DIGEST September 21, 2011 Honorable Mayor and Town Council Members Email and US Post c/oScott Anderson, Community Development Director Town of Tiburon Community Development Department 1505 Tiburon Boulevard Tiburon CA 94920 RE: Alta Robles Residential Development Town Council Meeting Rabin/SODA: Applications for Alta Robles Project- 3825 Paradise Drive Tiburon: Assessor's Parcel # 039-021-01 & 039-301-39: Town File # 30701: PD #20, PD#49 -Prezone/A.nnexation Dear Mayor and Council; SEP 2 12011 D TOWN CLERK TOWN OF TIBURON • On September 8, 2011 via email our consultant Scott Hochstrasser notified the Town staff that our project team and family will not be ready to submit additional information you requested in time for inclusion in a package for the September 21, 2011 Town Council meeting set previously for ftu-ther discussion of this matter. Accordingly, please let this letter be our formal request to continue this matter to the meeting on November 2, 2011 when a full council will be in attendance. Thank you in advance for your assistance and cooperation, please accept our apology for any inconvenience that may result from this request. Sincerely, ~t - ~4~- Daniel Rabin, Rabin Family Representative CC: Tiburon Town Manager Alta Robles Development Team r j CALIFORNIA NATIVE PLANT SOCIETY September 15, 2011 Jeff Slavitz, Mayor Tiburon Town Council 1505 Tiburon Blvd. Tiburon, CA 94920 Re: Alta Robles project Dear Council Members, The following is in response to Mr. Hochstrasser's comment letter, dated August 31, 2011, in which he contends that my comment regarding "outdated botanical surveys made in early 2009, was an attempt to "change the planning baseline and resulted in a huge additional cost to the client and consumed a huge amount of time because the studies have to be done in peak blooming season" (p.1). My comment about additional surveys was made to meet CEQA's requirement of a section on Existing Conditions in an EIR. Existing conditions should be based on current surveys, i. e., site conditions at the time of the design of the project, not on surveys conducted in an untimely fashion in 2002 and 2004! The fact that surveys need to be done when annual plants are detectable and identifiable at a botanical consultant's (LSA) going rate appears to me to be just common sense. The FEIR (Nichols Berman 2010) stated that the approach by LSA "to mapping and designated habitat quality provided a much more rigorous methodology to identifying potentially sensitive resources on the site than that used during previous surveys..." (p. 65). The FEIR found that the applicant's current consultant's (LSA) study generally confirmed the old botanical results (p. 62, FEIR), generally being the operative word. It is obvious that the author of this section of the FEIR did not "study" and compare the constraints maps of the project. The main focus of my comments over several months (years) (written and oral comments to the Planning Commission and the Town Council) refers to the lack of mapping of native/serpentine grassland - a sensitive natural community according to the Tiburon General Plan, the Marin Countywide Plan and the California Natural Diversity Data Base (CDFG) and the habitat for the federally- and State-listed Marin dwarf flax (Hesperolinon congestum) and Tiburon buckwheat (Eriogonum luteolum ssp. caninum), a special-status species (CNPS List 1B). The old 2002/2005 botanical surveys mapped a very small polygon of native grassland on the knoll now showing Lots #10, #11, and #13, whereas the recent surveys (Fig. 4, LSA 2010) show the dominant vegetative cover on this knoll to be native grassland. Because the native grasslands were not mapped, no attempt to "avoid" or "minimize/lessen" impacts on this sensitive community was ever made - not in the original project or in any of the alternatives. Mr. Hochstrasser rprofecHhnq Cafifornia'S Y1ab-ve flora since -965 DIGES*r 210 2707 K Street. Suite 1 Sacramento, CA 9:81(;-5)113 • Tel: (916; 447-267; • ~~vvAv.cnps.org CALIFORNIA NATIVE PLANT SOCIETY maintains that - "Nothing in the new study changed the project development impacts, so none of the new findings were mapped in the constraints map provided to your council." This is a false statement! Please see Figures 4 and 6 of LSA's study! The enlarged maps that the Council requested for the August 31 hearing- in addition to being illegible due to the absence of screened polygons - do not show the latest botanical survey results, consequently do not show `existing conditions' (as currehtly known) in accordance with CEQA requirements, nor do they make it possible to abide by the Tiburon General Plan LU-7 stating "Development should be located on the least environmentally sensitive areas, including in the open space and other biologically sensitive areas." Mitigation Measure 5.5-1 (a) Special-status Species states: "Obtain all necessary permits from the CDFG, Corps, USFWS, and the RWCQCB as required by federal and State law to avoid, minimize or offset impacts to any species listed under either the State or federal ESAs or protected under any other State of federal law. A qualified biologist shall conduct informal consultation with each of these agencies to determine likely permit requirements and the extent of modification to the proposed project plans necessary to secure authorization. This may include 2) restrictions on remedial grading and subdrain installation proposed to stabilize portions of the site; and 3) adjustment to proposed residential use areas and lot lines as necessary to protect essential habitat for special-status species." These types of assessments are not possible if the precise development plan basemap does not show the boundaries of sensitive communities/habitat, such as serpentine grassland for listed species. Because the vegetation constraints maps (Figs. 4 and 6, LSA 2010) have never been used, Mitigation Measure 5.5-1(b) Special-status Species stating that "Substantial avoidance of the occurrence of Marin western (dwarf) flax was not considered, nor the development of "alternative methods that minimize or avoid the use of proposed subdrains through Lot #8." Mr. Hochstrasser suggests on p. 2 of his comment letter that "development setbacks from Significant Ridgelines are based on an evaluation of several characteristics," of which two of the eleven listed are: 1) Significant Vegetation; and 2) Sensitive Habitat. He further states that on "Lot #8, Lot#9, and Lot #10 no numerical setback from the ridgeline for future house locations and/or residential use areas is warranted because none of the eleven factors are significant. I disagree. Construction on Lot #8 and Lot #9, as well as on Lot #11, Lot#12, and Lot#13, will cause significant impacts to vegetation, the boundaries of which are not discernable (present!) on old maps. Lot #8 supports additional unmapped colonies of Marin dwarf flax - not included in the 2002/2005 maps - and a large swath of native grassland which will be impacted by slide repairs. On Lot #135 the colony of Marin dwarf flax is much enlarged and closer to the lot line than shown in 2002/2005. This fact is not mentioned anywhere, let alone considered in the design of the project. The large colony of Marin dwarf flax is mapped within private Profec6ij ~iafifornia s 1~a6ye f(o r a since f965 2707 K Street, Suite; 1 Samarnerto. CIS 95816-5113 • Tel: (916) 447-2677 ~rv~i~,v.onus.orc~ CALIFORNIA N.ATIV E PLANT SOCIETY open space. It is a well-known fact that rare plants located within such space seldom (never!) survive because of ground disturbances and a detrimental watering regimen by homeowners. Setbacks from ridgelines may be warranted or not; however, avoiding the obliteration of significant vegetation and sensitive habitat should be of great importance! At least Lot #8 and Lot #13 should be eliminated from the project; Lots #11 and #12 - if not eliminated - should be highly reduced. By not using a current natural resources constraints map, it is easy to deceive a project reviewer who would not be able to correctly appraise the project's impacts on sensitive natural resources, nor adhere to requirements of avoiding such resources to the greatest extent feasible. The implementation of mitigation measures included in the FEIR would not allow the proposed project to fit within the environmental constraints of the site in terms of special-status species and sensitive communities, in my opinion. When would the reestablishment of native serpentine grassland be attempted - after the installation of infrastructure or after the sale of the lot? As it is not clear if house pads will be built by the applicant, the question of whether or not grassland restoration is feasible before the lots are built out is left unanswered. I would like to again emphasize that native grassland restoration is very difficult and often unsuccessful. In the Conditions of Approval it is recommended that hydroseeding takes place in graded areas. There is nothing more detrimental to the reestablishment of native grasses than to have seeds or seedlings compete with non-native, invasive, annual grasses! I recommend that some type of netting be used where erosion control is required. The project would remove at least 107 protected trees on the site (DEIR). This number does not include trees close to home sites that are highly likely to suffer damage during construction. An observation during a fieldtrip to the site leads me to believe that the trees along the eastern border of Lot #8 will undoubtedly be cut/removed in order to gain a view of the Bay, although the applicant assured the visitors that those trees would be left alone. In that case, only a treeclad hillside would be visible from a house on this lot. The applicant has made no attempt to scale back the project as a means of avoiding impacts to the site's sensitive natural resources, including trees. Furthermore, it is difficult to understand why it is economically infeasible to build fewer, smaller homes (Rabin letter, Aug. 2011). As the applicant is not planning to construct the houses at the time of the installation of the infrastructure, the design/use of "green building materials and green construction practices" should not increase the applicant's cost. Since the lots will (may) be sold off in the future, it makes more economic sense for the applicant to install less infrastructure for a smaller project, thereby reducing the cost and impacts of massive earthwork (18,000 cubic yards, potentially without subterranean house pads included?), construction of miles of retaining walls, and mitigation for 'r^otecfin jc eali forni S na vc f(or^r since f965 2707K Street, Suite 1 Sacramet to. CA 95816-51 13 • Tel: (916'447-2677 CALIFORNIA NATIVE PLANT SOCIETY sensitive vegetation which will be obliterated on large portions of the site. The project can definitely be described as "unique," but Mr. Rabin's contention that it "avoids environmental impacts" is simply false. When did it become an indisputable tenet that people who opt to live in Tiburon need gigantic homes? Why not cater to a population segment that might want to scale down home sizes - both present residents and newcomers. Sincerely yours, Eva Buxton Conservation Chair T-,-v'ofcctznc eali fornia s native f(orp since f965 , ~ w~nJ~~v.cn~s.s~rra 2-'07K Street, SLAP-3 1 Sacramc,~to, A 95816-5113 • Tel: (916' 44-7-26( Page 1 of 1 Scott Anderson From: Jill Barnett Billgbarnett@gmail.com] Sent: Tuesday, September 20, 2011 2:07 PM To: Scott Anderson Subject: Comments on Library Expansion Limiting Library Expansion I have reservations with the Library expansion plans. The goals of this proposal can be satisfied if we creatively coordinate use of existing community resources. 1. Accessible Off site storage coupled with continued use of the County Wide Inter-Library system would be significantly less expensive than construction of a massive new building addition. 2. Meeting space for an expanded Special Programs schedule currently exists within the Belvedere-Tiburon Community. Previously approved special tax assessment to renovate our three public schools on the Peninsula has resulted in well-designed and urider-utilized meeting and conference space. Both larger multipurpose rooms and smaller classrooms in our schools could be made available one or two nights during the week to accommodate all size audiences. How about renting or purchasing the market in the Cove and remodel if so much additional space is needed. Do we really need to spend millions of dollars to duplicate existing resources? 3. Several years ago the library committe stated that a computer training center was needed to teach older residents how to use the computer. I believe over time, these citizens of the Peninsula will simply not need computer training as this skill is already well developed in the younger generations, the future senior citizens. I can't imagine the Library would need additional space to purchase more computers for use at the library as I am sure in our community almost everyone has a computer at home. 4. 1 don't know if a cafe is in the plans but several year ago the library committee also wanted a cafe. Although this sounds like fun, why would you want -to take away business from our establised local business in Tiburon? 5. The community has contributed money for open space. The story poles make the proposed addition look massive and will cover up the beautiful view between the current library and Tiburon Town Hall. I am against an additional massive building on Tiburon Blvd. 6. Construction--Currently it is impossible to leave Town any time after 1:30pm. With school and the construction trade traffic Tiburon Blvd is a major traffic jam. During construction there will be additional traffic and afterwards more traffic headed in and out of the area. Thanks for the opportunity to give my input Sincerely, Jill Barnett 9/20/2011 Date: September 14, 2011 DiGEST *Important NoticeX To: Del Mar Valley Utility Undergrounding District Members Y• Subject: Del Mar Valley Undergrounding Assessment District - Project Update Since our June 30t" update notice, the biggest news is that the Town Council has awarded the construction contract to the lowest responsible bidder, Bay Pacific Pipelines, Inc. (BPP) at its September 7"' Special Meeting. We hope to conduct a pre-construction meeting with BPP at the beginning of October and to start construction within the public right-of-way by the end of October. A notice will be provided when actual work will. begin. Significant construction impacts are anticipated. However, we will Nvork with our contractor to mitigate them as best as possible. There may be material and equipment temporarily stored on your street during the project. At this point we urge everyone to start the installation of their service*]aterals. Although the actual lateral installation may take only a week or two, you will have roughly 3 months to complete this work. Please fill out and return the attached form to indicate your intentions and to coordirlAe with Mr. Al Petrie (cell: 707-974- 9193) to inspect your work. Without an inspection and "sign-off' fro_nl Mr. Petrie and PG&E (Mr. Paul Manley at 707-291-5097), your lateral work may have to be uncovered at yot►r cost for inspection. It would also be a good idea to get this work done prior to the winter rains. As a reminder, the lateral service trench and vacant conduit installation Nvork will NOT need a building permit. However, it WILL require an inspection from Mr. Petrie and PG&E. During their inspection, they will be able to tell you if a building permit is needed as a result of electrical panel v.,ork you may be envisioning. As a rule of thumb, an electrical building permit will be required wh::; one or more of the following conditions exist: 1. The existing service and/or meter enclosure is to be removed, -relocated, repositioned, or otherwise unsecured from the building or structure. 2. The existing service equipment and/or meter enclosure is to be replaced with new. 3. If any new branch circuit or feeder conductors are added, changes to the grounding electrode system, or any other electrical modifications extending beyond the service lateral or meter section of the service enclosure. If your work is completed before the main service connection boxes have been installed by the Town's contractor, please install stakes exposed 6 inches above ground from the end of your vacant conduits with some distinguishing marks (e.g. "power", "telephone", "cable") to locate them later. When the Town's contractor installs the service boxes, he/she will make the final connections to your vacant conduits. Our project coordinator, Mr. Al Petrie, will be available to assist homvo,,vners through the overall process. If you have any project questions, please contact him at 707-974-9193,'cir`at alpccs 7engr.com. Best Regards, Nicholas T. Nguyen Director of Public Works/Town Engineer 1/2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 DIGEST S MEMORANDUM Date: September 23, 2011 To: Mayor and Town Council From: Dan Watrous, Planning Manager Subject: Recommendations for Downtown Beautification In the past few months, I have taken a look at the potential for beautification projects for Downtown Tiburon as recommended by the Committee report for the Downtown Vibrancy Project.'On July 6"', I walked through Downtown with Barbara Maloney and her assistant to garner their insights about possible improvements. I have made several other observational visits and taken photographs to better familiarize myself with the potential for beautification opportunities. On August 31St, I met with the Town Manager and the Downtown Committee members to discuss my preliminary recommendations for Downtown public improvements. Based on this analysis and discussion, I would make the following recommendations for public improvements to beautify Downtown: l . Cafe Acri/Corner of Tiburon Boulevard and Main Street: This corner is often used as an overflow bicycle parking area, with bikes parked against the Cafe Acri planters, signposts, bollards, trees and the historical marker. There should be room for several small (5-10 capacity) bike racks along the curb adjacent to Tiburon Boulevard that would help eliminate the clutter of bicycles in front of Cafe Acri. This location would also leave adequate pedestrian space around the future information post in this area. 2. Water's Edge Hotel: A "To Ferries" directional sign and a trash receptacle are currently situated well back from the sidewalk adjacent to the walkway between the hotel and the building at 21 Main Street. At this location, neither the sign nor the trash can are particularly visible. The sign should be moved closer to the sidewalk, preferably to a location even with the walls in front of the adjacent hotel. There is currently a red metal bollard in the middle of the walkway between the hotel and the building at 21 Main Street. A "No Parking/Tow-Away Zone" sign is attached to the bollard. If the trash receptacle is moved forward with the sign, there would not be enough space between the receptacle and the bollard for pedestrians to walk past. If possible, the bollard should be moved further back from the sidewalk to allow the trash can to be moved into a more visible location closer to the sidewalk. 10-18 Main Street: To address concerns about the lack of trash receptacles along Main Street, a new trash can should be placed opposite the entrance to 16-18 Main Street. There are currently no small planters next to the street tree to the east; a small planter on either side of the tree would be consistent with the appearance around other street trees along this side of Main Street. !l ~ 4. 30-38 Main Street: There are opportunities for street bench seating in the stretch between 30 and 38 Main Street. The spacing of the three street trees in this area leaves space for two benches that should be placed close to the curb. Backless benches at these spots would provide seating for visitors facing the shops on that side of the street or for residents attending Friday Nights on Main facing the other direction. I have attached an illustration of the backless bench recommended by the Downtown Committee, along with an illustration of the preferred backed bench design shown on the Downtown Tiburon Design Handbook Site Furnishings Supplement. 5. 42-46 Main Street: If more street seating is desired after the other benches are installed in front of 30-38 Main Street, there is another location for a backless bench to the west of the street tree in front of 44-46 Main Street. There is also space for another trash receptacle to the east of the tree, in front of 46 Main Street. 6. Ark Row: Over the years, the Town and local merchants have tried to find ways to encourage visitors to keep walking past the Main Street parking lot onto Ark Row. I believe that one of the reasons visitors do not recognize the presence of Ark Row is that views toward Ark Row from the base of Main Street are obscured by vegetation. A mature tree approximately 40-50 feet from the parking lot exit blocks views from the sidewalk in the direction of Ark Row, and vegetation overhanging Main Street at the bottom of Corinthian Island further screens views up the street. Removing this tree and trimming back this overhanging vegetation would substantially open up views toward Ark Row from the end of the parking lot. Once these views are opened up, other improvements could encourage visitors to keep walking up toward Ark Row. A new "Ark Row Shops" pole sign and banners should be installed near the location of the removed tree. Brick pavers should be installed for the sidewalk leading up to the first Ark Row building, possibly leading further up through Ark Row. Small metal or ceramic medallions with the Ark Row logo could be embedded in the brick pavers as a further identifier. These improvements would combine to carry on the visual pattern of the sidewalks on the remainder of Main Street and connect the pattern of the existing banner signs closer to Ark Row. 7. Ferry Plaza: Although the Ferry Plaza has larger areas that could support additional streetscape improvements, I do not recommend any changes at this time. On separate weekday, weekend and holiday visits, it appeared that the bicycle racks were being properly utilized, with most bikes parked perpendicular to the racks, as designed. The unstructured open area in the midst of the plaza accommodates different overflow uses at different times, including additional motorcycle parking and queues of bicycles and pedestrians awaiting the ferry. Benches are well utilized but not overcrowded, and the small knoll is a popular spot for families with children and picnickers. Additional improvements would likely reduce the flexibility of the current plaza layout to meet the needs of different visitors at different times. I have attached maps of each of the areas, except the Ferry Plaza, illustrating conceptual locations for the recommended improvements. Absent direction from the Town Council to the contrary, it is our intention to proceed with implementation of these recommendations on a gradual basis, as funds are available. Exhibits: Maps of specified Downtown areas Illustrations of recommended bench selections k C. 715, u~ ~ . ; Ilti e If `-LEI I't~ . yt)\,"r / ai! rt;t~raxr -;r~~ l~r Sts ~ 1....111 1 ~1~ ~ ' 71~_d c ,r11p~t q'+~ dry ~ + `s 1 1 t ~r I / I '~ti ~ I ~ 1 ~ L~ - ~t ~ ~ 1t~ t~ -r I{ Ly'~a1~2 •G~ 1 / a~ L i rj~1~WATy~„* ~1 \1 J TTIT. / VAN: 11 . y } :ts VI ~ r y~ 4 4 Ts P'~rR rr t ;ILL M 7 L , : { _ r 'if :f ~ ~ ~ ~ F'teF 7,_L V ;=lv A='7 ~F Lit ~s F ~ i it ro TL ~ r*^ ~,r v# r' `3 ~ ~ ~ rY 717 f r1 V ii-I ~ CI { ii fill 'Y:z :R e M F t1 r\ i IOD ( 4 QN. R 3y Q r •v 00 J 0 cxj EN ENTP~ _ i~ t , di \ W 7. =1:'Tf F/ rTF v t'~ JiV: N Z Y W C"4 ;I U ~ I EN 77,7 EN7 RY L;. ~a ~ .i III 1+N1 it 11 I fi.:l ld~! ' 1 J~. ( i , f 1 I !'llyJ1'I it r ~ (II / " 1 1 of 1 If 1111 ! I' F 11 . 111 4, 1 I If. l• } y aliy9,11 } ~i' 4(1` I I 1 r i I 1 j t 1 ,~!'ll'ili 4(~II 'I II 1'~~1 ~1L~ i ri .'j l ail 11 1 tli(,IIIf I''f i t 4 i ~ III. 417L ~1;1 ~~;;u ` 4 ai"j1 11'1'd ' ~~~IF•~ 1 ~ ~ I i al 111 tli1 'I 11' i t 1 ~ ~I~MY ~ ~ - 4 111 1 l... 41 . I 1. Ji:~l'~• t { t {t J ` , t t r~ 11 rii 1. I, 1 . / .y 1, 1 11i i"it 1{3lli'I 111.(1;`dt, ~.~t 1~; ! It . t 1 j' ti F t Ill~r 1 sl 1 Jli _ 1. ail I.1.. II '^IlF i l: 11 I j . ; ~ III 1 r t' 1 111 :1111 7 t'+l.li 'o I II'r. a li 1 L 1 ' ~ I'I I i1 1 !I ` Ili. If l''' ~I alll 11 t o n 11(I h I, ~ I ~ '1 II r ~ 1 !u ;F r ~f 1 ~1~1 Ai141 D C? I~ IR 2 V sc~ DL V n Z vJ I~ 4 lJ ~q Z ^J Qe ) CI ICI it \ \ dam, L~ 10 W V) 7:Z ' j ~l _ r J " cu ' LA ff E ov,c`, v I I U i 1 ll1 ~ l ` l Re-c-oma,lbe-i) MCKLE!5S KENCR -D67SL44J y r6 A. w V f ,o 3 3 3 r A- G-z Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Dear Mayor Paul Smith, RECEIVED SEA' 19 2011 ~ TOWN MANAGERS OFFICE TOWN OF TIBURON I'm writing you today to address an issue that the residents of several houses on Paradise Dr. have been living with for many years and has almost caused many accidents on the winding road. My family lives on 4887 Paradise Dr. which is a left turn up a small hill if you are coming from the Tiburon side. Like all left turns, we have to cross a lane of oncoming traffic. The problem is that this turn is on a curve in the rode where you can't see the oncoming traffic due to an oak on the right side of the rode extending past the side of the road. Whenever anyone who lives on this hill comes home from the Tiburon side, they have to come to a complete stop and creep up almost past the point where they can turn onto the road to see if there is a car coming the opposite way. This problem has almost resulted in many collisions and causes a lot of frustration for my family and the residents on this hill. I have to suggestions to eliminate the issue. The first suggestion is to cut back the trees. We would have done so ourselves if they did not belong to our lower neighbor across the road whom we have never spoken to. I feel if it were an issue the town addressed then they would allow us to trim them. My second suggestion is one that I've seen else ware on Paradise Dr. The convex mirrors are everywhere for other houses with blind turns. If one were to be placed on the telephone pole at the bottom of the hill or near the black mailboxes, I think the extra range of vision would allow us to see oncoming traffic. Thank you for taking the time to read about my concerns and I hope to hear back. Thank you, Stefan Stauffer Stefan Stauffer 4887 Paradise Dr. . Tiburon, CA 949201 P r o° PEGGY CURRAN, Town Manager 17 %V1 KOLSHOFAR Dear Neighbors: RECEIVER DIGEST ~c 2011 TOWN MANAGERS OFFICE 7,9 TOWN OF TIBURON I am writing to give you a neighborly heads up regarding the dates for the Jewish New Year, High Holy Day services at Congregation Kol Shofar. They are: Rosh Hashanah Wed Sept 28, 8:00 pm - 9:30 pm Thurs Sept 29, 9:00 am - 2:00 pm Fri Sept 30, 9:00 am - 3:00 pm Yom Kippur Friday Oct 7, 6:30 pm - 8:30 pm Sat Oct 8, 9:00 am - 9:00 pm Parking: For your information, as required by the Town of Tiburon's Conditional Use Permit, each of our member households have been assigned to one of six specific parking lots throughout Tiburon and we have engaged a shuttle service that will take people to and from these lots, as well as having hired private security monitors for each lot. We have provided tickets to all services to our member families and to those who have called us in advance. However, as with all church services on religious holidays, there will be those who come to worship who have not called in advance, do not have tickets and are unaware of our parking policies. It is our policy not to turn those people away and so they will be using available street parking. Security: We have engaged private security for our building and are also working with the Tiburon police department. Rosh Hashanah and Yom Kippur are the holiest days of the Jewish year. It is a time of introspection. We look at our mistakes of the past year and plan the changes that we want to make in the coming year. We ask God and other people in our lives for forgiveness over a period of ten days between Rosh Hashanah and Yom Kippur. We are working hard to make these days both joyous and comfortable for ourselves and for you, our neighbors. Should you wish to learn about and experience any of our services, we would love to have you join us. Please call me if you would like a complimentary ticket for any of the services. On behalf of the Board of Directors, clergy and members of Congregation Kol Shofar, I wish that you and your family have a happy, healthy and prosperous new year and we thank you for your continued support. Warmly, Nancy Drapin Executive Director 415.388.1818/ ndrapin@kolshofar.org 215 Blackfield Drive / Tiburon / California 94920 • telephone - 415.388.1818 / facsimile - 415.388.5423 • www.kolshofar.org AL. Y PLANNING COMMISSION MINUTES NO. 1011 August 24, 2011 Regular Meeting Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California CALL TO ORDER AND ROLL CALL: Chair Corcoran called the meeting to order at 7:30 p.m. Present: Chair Corcoran, Commissioners Doyle, Tollini and Weller Absent: Commissioner Kunzweiler Staff Present: Planning Manager Watrous, Town Attorney Danforth, Associate Planner Tyler and Minutes Clerk Levison ORAL COMMUNICATIONS: None ELECTION OF VICE CHAIR: ACTION: It was MIS (Doyle/Webber) to elect Commissioner Tollini as Vice-Chair. Motion carried: 4-0 COMMISSION AND STAFF BRIEFING: Planning Manager Watrous welcomed Commissioner Weller, who previously served on the Design Review Board. He reported that the Final Environmental Impact Report (FEIR) for the Library Expansion project would come before the Commission on September 14, 2011. Vice-Chair Tollini asked if story poles would be erected as part of the FEIR review. Mr. Watrous said that the determination was made that story poles would only be erected as part of the Site Plan and Architectural Review process before the Town Council. He explained that although the Town has not yet adopted a permit streamlining ordinance for this application, it did adopt one in 2007 that may or may not still be valid. Following further discussion with staff, the Commission requested that story poles be installed prior to the September 14 meeting, as the poles would be helpful for the purposes of reviewing the overall footprint and visual impacts. Mr. Watrous agreed to pass on the request. 1z 0 TIBURON PLANNING COMMISSION MINUTES AUGUST 24, 2011 MINUTES NO. 1011 PAGE 1 PUBLIC HEARINGS: 1. CONSIDER RECOMMENDATION TO THE TOWN COUNCIL REGARDING A ZONING ORDINANCE TEXT AMENDMENT THAT WOULD CREATE AN ADDITIONAL EXEMPTION FROM THE CONDITIONAL USE PERMIT REQUIREMENT FOR WIRELESS COMMUNICATION FACILITIES (WCF's): Town-Initiated Application, File No. MCA 2011-06 Town Attorney Danforth presented the staff report. She stated that at present, most WCF's do require a conditional use permit (CUP) although the Town's Zoning Ordinance does call out five exceptions. She said that earlier this year, the Tiburon Fire Protection District proposed to install a low-wattage antenna on an existing structure on the MMWD Sugarloaf Drive site. She stated that Town staff believes it appropriate to craft a new narrowly tailored exemption that would apply to a low-wattage antenna owned and operated by a public agency and used exclusively for public safety purposes, provided that a lengthy list of criteria are met. Ms. Danforth referred to the staff report for the current text of the Zoning Ordinance as well as the proposed new Exemption 6 that would allow a facility to qualify for the exemption if it meets the following criteria: • The antenna must be located in the Public/Quasi-Public zone. • The facility would be owned and operated by a public agency and used exclusively for public safety purposes. • The wattage does not exceed 200 watts at full power. • The antenna must be located on a pre-existing structure. • The antenna must be a whip-style antenna, not to exceed 25 feet in height. • The WCF must have a valid FCC license on file with the Town. • An electrical permit for the installation must be secured from the Town's Building Division. • The Town's Building Division must approve the antenna's anchoring method. • The antenna must comply with OET Bulletin 65, or any successor document thereof. Ms. Danforth noted that residents surrounding the site have raised concerns about the exemption giving rise to antenna farms by somehow allowing future WCF providers to locate their facilities there. Ms. Danforth stressed that the exemption was crafted specifically for the purpose being heard tonight and that current law would not change the status of the site. She stated that any new applicants wishing to locate their facilities on the site and structure would have to make application to the Town for a CUP and would need to obtain permission from the Fire District. She said that this type of CUP exemption was deliberately crafted to limit impacts and provide only a very narrow window for very limited facilities. Chief Pearce of the Tiburon Fire Protection District directed the Commission's attention to a model of the site and proposed facility. Chair Corcoran opened the public hearing. TIBURON PLANNING COMMISSION MINUTES AUGUST 24, 2011 MINUTES NO. 1011 PAGE 2 Lynn Fox stated that she lives near the MMWD site and represented the Marinero Homeowners' Association. She provided the Commission with photographs of the MMWD site taken through the existing fence. She asked whether the antenna, once mounted, would extend above the height of the currently installed utility pole. Chief Pearce stated that the height of the antenna would be 25 feet, positioned slightly below the peak of the 32-foot pole. Ms. Fox stated her full support for and understanding of the District's intent with the application, but said that the neighborhood has strong concerns that the proposed exemption (or a CUP) would enhance the opportunity for other WCF providers to co-locate facilities at this site. She said the neighborhood was concerned about the health implications related to electromagnetic field (EMF) exposure and was staunchly opposed to any action that could potentially open the door to an antenna farm. Bob Doherty reiterated Ms. Fox's concerns and reminded the Commission of the MERA litigation from several years prior. He stated his full support for the District's application as well as any safe and proper use of radio signals. However, he cautioned that less scrupulous WCF providers have demonstrated a pattern of multiplying existing antenna sites for commercial use. He asked when the wood pole was installed on the MMWD site, how this relates to the "pre- existing" consideration, and why the decision to do so preceded approval of the antenna. Chair Corcoran asked and the Town Attorney confirmed that while the District's application is the backdrop for this hearing, the Commission was being asked to address only the proposed exemption to the ordinance. Chair Corcoran closed the public hearing. Chief Pearce stated that the District has operated a radio site on the MMWD site since the early 1960s. He said that when MMWD restructured its older wooden tanks, the District was asked to remove the attached antennas. He stated that following completion of the tank work, a new wooden utility pole was installed for relocation of the existing antenna. He said that the proposed antenna would be the final and critical component in the Town's disaster preparedness system and is not a part of the MERA system. He said that the District is very sensitive to EMF and health concerns, and as such, has proposed an extremely low wattage antenna for the site. He also stressed that in addition to a CUP, any future application by another wireless provider would require approval from the District, which he has no intent of providing. Commissioner Weller asked when MMWD replaced the older wooden tanks. Chief Pearce said that the site had been under construction the last 2 1/2 years. He stated that the new utility pole was installed in January 2011, based on the District's existing FCC license and lease with MMWD. He said that the District made every attempt to install the post in an inconspicuous location without compromising the necessary antenna coverage. Chair Corcoran requested clarification on the installed height of the antenna. Chief Pearce explained that the antenna did not necessarily have to extend 25 feet above the top of the pole. TIBURON PLANNING COMMISSION MINUTES AUGUST 24, 2011 MINUTES NO. 1011 PAGE 3 He said that once installed, the antenna height would be adjusted to achieve the required coverage. He also clarified that the antenna would operate at 10 watts, well below the limit of 200 watts limited by the proposed exemption. Commissioner Weller requested the Town Attorney's interpretation of "pre-existing structure" in the context of this application. He noted that the support structure was only installed in January and in anticipation of this application, whereas the draft language seemed to imply something with more historical significance. Ms. Danforth said that she meant only to imply that the structure exists now. She noted that the support tower was not erected specifically for this antenna, but rather for the one that had been in place on the water tower for many years. She said that if the support pole had been erected just before submittal of the application, it would not fit within the spirit of the proposed exemption. Vice-Chair Tollini summarized the public's concern that this exemption would somehow give rise to a freer commercial use of this site than would otherwise exist and requested an opinion from the Town Attorney. Ms. Danforth said that any commercial wireless communication provider or anything approaching the magnitude of MERA would be subject to the CUP requirement, which the Town may choose to approve or not, as well as permission of the property owner. She stressed that nothing in existing law or the proposed exception would relax the criteria used to assess such an application and that while certain provisions in the Town's WCF guidelines encourage co-location, they do not do so in residential neighborhoods. Chair Corcoran asked if staff considered any more restrictive criteria. Ms. Danforth said that she had full confidence that the Community Development Director, who developed the criteria, was as restrictive as he felt was possible. Chair Corcoran asked if staff considered imposing any width restriction on the antenna. Mr. Watrous noted that the criteria call for a whip-style antenna, which by nature is very slender. It was his interpretation that this was its own width restriction. Vice-Chair Tollini said she very much heard and understood the concerns expressed but felt comfortable supporting the proposed exemption given the provisions already in place. Commissioner Weller concurred, though bifurcated the matter into two distinct issues. With regards to the proposed modification of the Zoning Ordinance, he felt that limiting the exemption to structures owned and operated by public agencies provided the appropriate protection against antenna farms or other commercial uses. Regarding the District's application, he was satisfied with the Town Attorney's position that it would not establish a precedent allowing for uncontrolled expansion of the site for any purposes other than currently proposed. For those reasons, he supported the exemption. Commissioner Doyle also concurred. He said that the Town Attorney had safeguarded future development of the site while still allowing for a great enhancement of the Town's emergency and disaster preparedness program. TIBURON PLANNING COMMISSION MINUTES AUGUST 24, 2011 MINUTES NO. 1011 PAGE 4 Chair Corcoran said that the Town has done an excellent job with emergency preparedness, a big component of which is quality communication infrastructure for emergency responders. While he generally favored greater public scrutiny for this sort of application, he felt that staff had expertly tailored the exemption so that it would apply in only the most limited of circumstances. ACTION: It was M/S (Tollini/Weller) to adopt the resolution recommending approval of the amendment to the Town Council. Motion carried: 4-0 2. 35 HACIENDA DRIVE; FILE NO. 11105; CONDITIONAL USE PERMIT TO LEGALIZE AND ESTABLISH AN AGRICULTURAL USE TO KEEP CHICKENS WITHIN A SINGLE-FAMILY RESIDENTIAL-OPEN (RO-1) ZONED PARCEL; Stuart and Gina Peterson, Owners; Thompson Brooks Inc., Applicant; Assessor's Parcel No. 039-012-04 Associate Planner Tyler presented the staff report. The applicant is requesting to legalize and establish an agricultural use for the keeping of chickens with a residential zoned property located at 35 Hacienda Drive. Currently the property is improved with a single-family dwelling and an approximately 150 square foot chicken coop. The existing coop is approximately 15 feet wide, 10 feet in depth, and 9 feet in height at its highest point. It is located within the rear yard of the property, adjacent to the property line, and contains 4 chickens. There are currently no roosters inside the coop. A moderate sized chicken run is also located adjacent to the coop. The applicants have indicated that the primary purpose of this agricultural use is to educate and advocate for sustainable living practices. Ms. Tyler noted that this was the first request that the Town has received to establish an agricultural use for the keeping of chickens in a residential zoning district. She stated that the Commission may grant a CUP for an agricultural use within any residential zone if the purpose of the proposed agricultural use is determined to be properly related to and compatible with the development of the neighborhood or vicinity as a whole. She said that staff had reviewed the proposed agricultural use and found it to be consistent with both the Tiburon General Plan and Zoning Ordinance in that the location of the existing coop and chicken run, combined with the large parcel size and proximity of nearby dwellings, result in a compatible location for this type of agricultural use. She added that there did not appear to be any noise impacts associated with the use on the surrounding residential neighborhood, specifically if roosters are prohibited. Commissioner Weller asked what approach immediately neighboring communities have taken with this type of application. Ms. Tyler stated that most require a CUP to evaluate whether the proposed location is appropriate to neighboring dwellings, and that most other communities do prohibit roosters. Chair Corcoran requested clarification on the fees association with this type of application. Ms. Tyler explained that a $1,540 deposit is due with submittal of a CUP application. Staff charges time and materials against the deposit, with a refund payable for any portion remaining. She estimated actual cost to run several hundred dollars, assuming the item was not contentious. She said that Design Review would likely be conducted at the staff level, requiring a flat $255 fee. GE TIBURON PLANNING COMMISSION MINUTES AUGUST 24, 2011 MINUTES NO. 1011 PA 5 Mr. Watrous clarified that in this instance, Design Review of as-built construction incurs a 100% penalty. Chair Corcoran opened the public hearing. Christopher Wand asked that if the Town insists on such large fees for the keeping of chickens, it should do the same for the nuisance associated with noisy dogs. He asked that the Commission not approve the subject application, but instead work toward eliminating the requirement for a CUP for agricultural uses. Nicole Perullo, Corte Madera, stated her support for the application. She described her experiences raising bees and hens on her property. She said that she is an advocate for urban farming as well as the keeping of bees and hens. She found the $1,500 deposit required by the Town to be absurd and completely discordant with the concept of sustainability. She urged the Commission to review the Town's current policy and consider eliminating fees and Design Review requirements altogether. She offered to provide staff with some sample guidelines from other jurisdictions for consideration. Michael Parker provided the Commission with a synopsis of model chicken ordinances from other jurisdictions, most with fees that vary from $20 to $40 and allow for keeping a reasonable number of chickens. Carolina Talbot said that she very much loved the idea of the chicken coop but had concerns about whether or not the presence of chickens would encourage the presence of wild turkey or coyotes. Brian Hanson said that he had no issue with the proposed use but felt that the coop is positioned rather close to his property line. He displayed a photograph that he said demonstrated that the surrounding fence is 9 feet in height, rather than the reported 6 feet. Judith Thompson, representing the applicant, shared a photograph of the existing coop structure. She said that she could not truthfully answer Ms. Talbot's concerns but did not believe that either turkeys or coyotes could access the interior of the coop. Commissioner Doyle asked how long the applicant, who is currently constructing another residence, intends to remain at this location. Ms. Thompson estimated another 1 1/2 years. Chair Corcoran closed the public hearing. Commissioner Doyle asked how long the CUP requirement has been in place and what prompted the requirement for this in-depth review process. Mr. Watrous said that the CUP requirement dates back at least 20 years and was reinforced in the Zoning Ordinance update several years ago. In terms of fees, he stated that most minor applications such as this do receive a substantial refund of their original deposit. TIBURON PLANNING COMMISSION MINUTES AUGUST 24, 2011 MINUTES NO. 1011 PAGE 6 Commissioner Doyle described his previous experience with owning chickens, which proved to be a wonderful learning experience for his children. His only concern relating to this application was with the coop's proximity to the property line. He also felt the cost to be a bit prohibitive and thought the Town could do more to encourage this sort of educational and sustainable practice in a sensible way. Mr. Watrous explained that the property line adjacent to the coop is designated as the rear property line for this lot and that the Zoning Ordinance allows accessory structures less than 12 feet in height to extend up to the rear property line. Vice-Chair Tollini asked about the process to streamline this procedure. Mr. Watrous said it would require a Zoning Ordinance amendment, typically at the request of the Commission or Town Council. As such, it would require review by the Commission and then approval by the Town Council. Commissioner Weller said it should be, and was not, clearly stated in either the CUP or the Zoning Ordinance that such a use precludes any commercial activity including the ability to sell chickens, eggs, or manure. Mr. Watrous noted that any commercial use would require a home occupation permit, which would therefore not comply with the conditions of the CUP. Vice-Chair Tollini said that she visited the site and found the coop to be fairly isolated from neighboring properties. She felt that any issues related to fence height and setbacks would be appropriately addressed through Design Review. She found no issue with the CUP and said she could support the proposed resolution. She also stated support for a more streamlined and less expensive process for single families to keep chickens for sustainable practices. Chair Corcoran asked that the Town revisit the CUP requirement, although he acknowledged that it would be very difficult to define a set of regulations that would appropriately apply to all properties. He asked that staff examine what other jurisdictions have done in this regard. He also felt the combination of fees and Design Review requirements created an overly burdensome bureaucratic process for something that the Town should instead encourage. Regarding the current proposal, he found the application to be modest and he did not anticipate any significant impacts on the surrounding neighborhood. After further discussion, it was the consensus of the Commission to include a condition of approval prohibiting any commercial use on this application and to direct Staff to begin a process of amending the Zoning Ordinance to streamline the process of approving agricultural uses in residential zones. ACTION: It was M/S (Weller/Tollini) to adopt the draft resolution conditionally approving the project, with an additional condition prohibiting commercial use. Motion carried: 4-0 PAGE TIBURON PLANNING COMMISSION MINUTES AUGUST 24, 2011 MINUTES NO. 1011 7 MINUTES : ACTION: It was M/S (Corcoran/Tollini) to approve the minutes of May 25, 2011, as submitted. Motion carried: 3-0-1 (Weller abstained). ADJOURNMENT: The Planning Commission adjourned the meeting at 8:45 p.m. ORC A , C AIRMAN JO 1" Tiburon Planning Commission ATTEST: DANIEL M. WATROUS, SECRETARY TIBURON PLANNING COMMISSION MINUTES - AUGUST 24, 2011 MINUTES NO. 1011 PAGE 8 NOTICE OF MEETING 1 CANCELLATION THE REGULAR PLANNING COMMISSION MEETING SCHEDULED FOR WEDNESDAY, SEPTEMBER 28. 2011 HAS BEEN CANCELLED. THE NEXT MEETING OF THE PLANNING COMMISSION WILL BE THE REGULARLY SCHEDULED MEETING ON WEDNESDAY, OCTOBER 12, 2011 SCOTT ANDERSON, SECRETARY TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 DIGEse'r Special Meeting Tiburon Town Council October 5, 2011 PLEASE NOTE: TIME* AND LOCATION 'Meeting time - 6:30 p.m. "Location: Del Mar Middle School Gymnasium, 105 Avenida Miraflores Tiburon, CA 94920 TENTATIVE 9/23/201112:13 PM AGENDA TIBURON TOWN COUNCIL CALL TO ORDER AND ROLL CALL Councilmember Collins, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor Fraser, Mayor Slavitz ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, 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. PUBLIC HEARINGS 1. Belvedere-Tiburon Public Library Expansion Project -1501 and 1505 Tiburon Boulevard; Consider Certification of Final EIR and Project Merits of Applications for General Plan Amendment, Rezoning, and Amendments to the Point Tiburon Master Plan and Point Tiburon Precise Plan Associated with a Planned 17,000 Square Foot Addition to the Existing Library Facility (Director of Community Development Anderson) 2. Alta Robles Precise Development Plan - Consider actions related to the Alta Robles Precise Development Plan and prezoning applications for the eventual subdivision of 52.2 acres of land, currently developed with one single-family dwelling into 14 single- family residential lots (Planning Manager Watrous) - Item continued without discussion to November 2, 2011 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 August 31, 2011 Special Meeting (Town Clerk Crane lacopi) 2. Award of Contract for 2011 Street Improvement - Award the Trestle Glen Boulevard and Paradise Drive 2011 Street Improvement Project to -ream Ghilotti, Inc., and amend FY 2011-12 budget to complete the bid alternate (Director of Public Works/Town Engineer Nguyen) 3. Update Schedule of Fines - Update Schedule of Fines for violations of the Municipal Code enforced by Administrative Citation (Director of Community Development Anderson) 4. Marin General Services Agency - Adopt resolution extending the Marin County Abandoned Vehicle Service Authority Vehicle registration fee until April 2022 TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digest - September 9, 2011 • Town Council Weekly Digest - September 16, 2011 • Town Council Weekly Digest - September 23, 2011 • Town Council Weekly Digest -September 30, 2011 ADJOURNMENT