HomeMy WebLinkAboutTC Minutes 2012-02-15TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, February 15, 2012, in Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, California.
ROLL CALL
PRESENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
Collins, Doyle, Fraser, Fredericks, O'Donnell
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Director of
Public Works/Town Engineer Nguyen, Planning
Manager Watrous, Town Clerk Crane Iacopi
Prior to the regular meeting, at 7:15 p.m., the Council conducted an interview, as follows:
INTERVIEWS FOR TOWN BOARDS, COMMISSIONS & COMMITTEES
One vacancy on Building Code Appeals Board
• Mark Swanson
CLOSED SESSION ANNOUNCEMENT, IF ANY
There was no closed session.
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
1. Town Council Minutes - Adopt minutes of February 1, 2012 regular meeting
(Town Clerk Crane Iacopi)
2. FY 2011-12 Town Budget - Accept mid-year budget report (Director of Administrative
Services Bigall)
Town Council Minutes #03 -2012 February 15, 2012 Page 1
3. Designation of Town representatives regarding Town employee compensation and
benefits - Appoint Town Manager Curran and Administrative Services Director Bigall as
Town representatives in negotiating compensation packages for all Town employees
(Town Attorney Danforth)
MOTION: To adopt Consent Calendar Item Nos. 1 through 3, as written.
Moved: Collins, seconded by O'Donnell
Vote: AYES: Unanimous
ACTION ITEMS
1. Appointments to Boards, Commissions & Committees - Consider reappointment of
commissioners whose terms expire at the end of February 2012 (Town Clerk Crane
Iacopi)
Council waived the staff report.
Mayor Fraser noted that with the exception of Tina Warren (Jt. Recreation Committee), all of the
commissioners whose terms were expiring sought reappointment.
Town Clerk Crane Iacopi said that the Council was scheduled to interview applicants for the
Heritage & Arts Commission vacancies at a future meeting.
MOTION: To reappoint Lou Weller to the Planning Commission, Bryan Chong and Michael
Tollini to the Design Review Board, and Phillip Feldman and Michael McMullen
to the POST commission.
Moved: O'Donnell, seconded by Fredericks
Vote: AYES: Unanimous
2. Appointments to Boards, Commissions & Committees - Consider appointment to fill
one vacancy on the Building Code Appeals Board (Town Clerk Crane Iacopi)
a
Council waived the staff report.
Mayor Fraser noted that the Council had interviewed its first applicant for the Building Code
Appeals Board (BLAB), a new standing body of the Town.
MOTION:
Moved:
Vote:
To appoint Mark Swanson to the Building Code Appeals Board.
Collins, seconded by Doyle
AYES:
Unanimous
Town Council Minutes #03 -2012 February 15, 2012 Page 2
PUBLIC HEARINGS
1. Alta Robles Precise Development Plan, Alternative 6 - 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 - Item continued from November 16, 2011
Planning Manager Watrous gave the report which detailed the actions taken by Council and the
applicant, to date.
Watrous said that on August 3, 2011, the Town Council held its first public hearing of the Alta
Robles project and its environmental impact report (EIR). At that meeting, he said the Council
received extensive public testimony, after which it adopted a resolution certifying the EIR for the
project. Watrous said that the Council requested additional information on the project merits and
continued the hearing.
At its August 31 meeting, Planning Manager Watrous said that the Town Council reviewed the
additional project information and deliberated upon the merits of the application. He said the
Council generally agreed with the Planning Commission's analysis and recommendations.
However, a majority of the Council believed that the applicant might be able to retain some or all
of the lots that the Commission recommended for elimination, specifically Lots 8, 9, 10 and 13,
if the project were modified to enhance compliance with the Town's General Plan in a manner
that did not increase the project's environmental impacts.
In general, Watrous said the Council requested that the applicant move house locations and
residential use areas away from the ridgelines "as far as possible" without creating increased
impacts relating to the existing site constraints. In addition, he said the Council recommended
smaller homes on several lots. At the applicant's request, the Council gave specific direction as
to the nature of revisions that might address General Plan consistency concerns, as more fully
detailed in the written staff report.
Mr. Watrous said that at the November 16, 2011 meeting, the Town Council reviewed a
conceptual plan showing revisions to the project design, designated as Alternative 6, and that the
Council had requested the applicant to provide further additional information, as follows:
0 Prepare larger scale drawings to make the lot lines and RUA limits more legible;
• Prepare conceptual architectural home designs for modified lots and houses;
• Install story poles for revised lots only;
• Stake the RUAs for revised lots only; and
• Update the tree removal data resulting from the latest project revisions.
The Planning Manager said that the Council had determined this additional information was
necessary before they could render a decision on the revised 14-unit project design proposed as
Town Council Minutes #03 -2012 February 15, 2012 Page 3
Alternative 6. In addition to providing the information described above, Watrous said the
Council also directed the applicant to attempt to either move the residential use areas away from
the ridgelines on the site or ensure that future site improvements were kept away from the
ridgelines.
Watrous said the applicant had submitted the additional information requested for the Alternative
6 project design, and that information had been distributed to the Town Council. He reviewed the
revisions made to each lot, as noted in the written staff report.
Planning Manager Watrous further commented on the changes. He said the revised house
locations (moved off the ridgelines) would appear to materially reduce the project's visual
impacts while not materially increasing the project's other environmental impacts.
Watrous said the revised location of the house on Lot 8 would be partially within an area of
Coast Live Oaks, and the revised building footprints and/or residential use areas for Lots 6, 9 &
10 would appear to encroach slightly more into areas that include Coast Live Oak trees. He said
that the applicant's analysis indicated the loss of only one additional oak tree as a result of the
Alternative 6 revisions. Watrous said that the other revised house locations appeared to only
affect areas on the site that are not environmentally constrained. He said that Staff considered
the very slightly increased impact on Coast Live Oaks to be minor and still adequately addressed
by Mitigation Measure 5.5-5 of the EIR.
Mr. Watrous noted that he revised plans did not include the Planning Commission's
recommendation to incorporate the private open space on the northern portions of Lots 1, 2, 4 &
7, across the roadway from the residential use areas, into the Lot "A" private common open
space. He said that Alternative 6 plans still designated this area as private open space for the four
lots.
Watrous noted that the Planning Commission's recommendation was intended to increase the
protection of sensitive plant habitat in these areas that are otherwise contiguous with Lot "A." He
said the Commission cited the direction of General Plan Policy OSC-26, which states that "to the
maximum extent feasible, and as required by federal and state laws, developmdnt and
construction shall not affect special status species or special communities." He said the
Commission determined that the sensitive plant species found in the private open spaces would
be better protected if combined with the adjacent common open space area. Watrous said the
Town Council has not addressed this specific issue in its prior deliberations.
In sum, Planning Manager Watrous said the applicant had presented the detailed information on
Alternative 6 as requested by the Town Council. He recommended that the Town Council
review and comment upon the revised project design and determine if Alternative 6 could be
approved or whether modifications should be made as conditions of approval of the Precise
Development Plan. He said that the Council might use the attached Exhibit 1 as a guide to
deliberate and try to reach consensus on remaining outstanding issues on a lot-by-lot basis.
Town Council Minutes #03 -2012 February 15, 2012 Page 4
Mayor Fraser opened the hearing to a presentation by the applicant.
Daniel Rabin, speaking on behalf of the applicants and their team, said he hoped for a successful
conclusion of the hearings tonight which would provide an opportunity for his family to realize
his father's vision for development of the parcel(s) and provide an example of smart
development for the Town of Tiburon and the County of Marin.
Mr. Rabin said that they were proud of the first submittal and this one, as well, which provided a
significant public benefit by preserving 76% of the property as open space and would also
provide a connection to the Tiburon Ridge Trail over the property.
Rabin noted that all the homes had been moved off the ridges, had been shrunk and lowered in
height, and that in response to the Council's request at the November 2011 hearing, the applicant
had provided even more detailed information and an enhanced version of the project which
would make the Town a leader in Green Development, if approved.
Architect Ken Kao presented some slides and data detailing the changes made by the applicant in
response to the Council's comments at the last hearing. He said these changes further reduced the
visual impacts, as well as the bulk and mass of the home designs and placement on the lots, and
offered increased the vegetative roofing.
Dr. Kao responded to questions from the Council. One question was whether all the roofs would
be "living roofs." He said that all would have portions of vegetative roofs, but the portions would
vary. He noted that the original vision was for solar roofs but that the vegetative roofs would
further "hide" the roofs from view.
Dr. Kao also answered questions about the house on Lot 13. He said that it had been lowered
from 27.9 feet to 22 feet on both sides (Paradise and Acacia Drive sides) and that the roof shape
had been changed from single barrel to double barrel to further reduce the visual impact. He said
that it would be one-story on the Acacia side and that at the northeast corner it would have two
stories. He said the lowest point was 10 feet, up to 12-14 feet, and would be lower on the
downslope. "
Mayor Fraser asked about the house on Lot 8. He said that its relocation seemed to present more
of an encroachment on the grove of oak trees. He wondered how this could result in the loss of
only one tree, as noted in the staff report. The applicant's representative from CSW Stuber Stroeh
said that the net change from the previous plan represented a loss of one tree.
Dr. Kao also noted that the applicant had understood the visual significance of the "bluff' on Lot
8 and had relocated the house down the bluff as a result. He said the "grassy knoll" was now
visible.
Riley Hurd, attorney representing the Rabin family, said that a significant amount of work had
gone into the redesign of the project and that as a result, every single home had been moved. He
Town Council Minutes #03 -2012 Februa7y 1 S, 2012 Page 5
asked that the Council limit the hearing to the most recent changes to the plan. He noted that
while Exhibit 1 to the staff report was a helpful tool for Council's review, it contained
information that was not part of Council's direction to the applicant at the last hearing. He also
said this raised the issue of due process. Hurd said, for instance, that there was no mention of
private open space versus common open space [in Council's direction at the last meeting] and
that the applicant could do nothing at this juncture to respond to this issue being raised at this
time. He recommended that the open space remain as part of the lots and continue to be counted
as such.
Mr. Hurd further commented on Exhibit 1 noting that staff raised an issue concerning Lot 13's
view impact as "breaking the horizon beyond." He said the applicant had reduced the size and
height of the house, and had placed half of it underground. He said that this was the first time he
had heard of a downhill view being designated as an "impact" and he wondered aloud whether
the Town was setting a new standard. Hurd asked that the Council not set a standard of
invisibility and impossibility.
Mr. Hurd said the applicant had made changes to conform to every request by the Council since
the last hearing. He said the steps taken by the applicant to reduce size and height were
significant, not "token" changes. He said that at 0.26 units per acre, the Alta Robles PDP
achieved a "platinum standard" and exceeded consistency with the Town's General Plan.
Councilmember Fredericks asked about this last assertion. Scott Hochstrasser, applicant's
representative, said that the General Plan had designated the property as having up to 20 units.
Ms. Fredericks noted that this was a maximum rather than a guarantee. Hochstrasser agreed.
Mayor Fraser opened the hearing to the public. The following people spoke:
1. Marty Winter - Belvedere resident; friend of the family; asked the Council to approve the
"platinum standard project;" said it would be an addition to the Paradise Drive area;
2. Dan Waldman - Paradise Drive resident; friend of the family; read a letter in support of
the project and noted how the family had taken care to be ecologically sensitive and had
voluntarily downsized the project; expressed concern at the amount of time taken to
review the project;
3. Mark Goldstein - Paradise Drive resident, said he liked the home designs but continued
to have concerns about the "massive" project and "unprecedented" amount of grading and
number of homes it would entail;
4. Sandra Swanson - said she represented Seafirth Estates; said she opposed the project as
presented for size of homes and impacts of certain lots, such as Lot 13; said this was the
last opportunity to reduce the number of lots and square footage per the Planning
Commission recommendations;
5. Scott Patten - spoke in favor of the project and for an owner's right to develop; said the
process represented "micromanaging" with the meter running;
6. Eva Buxton - expressed continued concern over the encroachment of development onto
native plant zones and against hydroseeding using non-native plants;
Town Council Minutes #03 -2012 February 15, 2012 Page 6
7. Robert Swanson - Seafirth Estates, asked how this project might affect his property's
value; asked who would maintain the screening (trees) of the project;
8. Lee Cantor - spoke of the beauty and charm of the Town and how impressive the designs
of the Alta Robles homes were; said they would blend seamlessly into the hillsides and
should be a model for new development;
9. Randy Greenberg - Norman Way, reviewed the issues raised in her "late mail" letter;
cited the Paradise Drive Visioning Plan as well as the Town's General Plan; said that
existing driveway was problematic and asked that a portion of it be removed to restore
habitat on Lot 8;
10. Barbara Patten - expressed disappointment with the process and the length of time it
- takes, and the uncertainty a property owner faces, not knowing if he or she will ever reach
approval.
Mayor Fraser closed the public hearing at 8:35 p.m. He asked if the applicant wished to respond
to any of the comments raised.
Mr. Hurd said that 1) there are no new driveways suggested in the plan and that the EIR did not
require removal of the Rabin driveway; 2) the resource map issues raised by Ms. Buxton had
been thoroughly discussed and that the houses [in Alternative 6] had been moved only within the
RUAs and not into the sensitive species areas; that the applicant would not use non-native
hydroseeding; and 3) with regard to property rights, he agreed that there was some "blurring of
the line between public/private property" in this development plan, but noted that the applicant
had kept 76% of the land in open space, had moved all homes off of the Town-designated
ridgelines and had provided design guarantees, within established RUAs, thus exceeding all
known Town standards and guidelines.
Each councilmember gave their comments. The discussion went on until just before 10:30 p.m.
A few of the remarks are stated below.
Councilmember O'Donnell said he liked the initial submission and he liked this one, as well. He
agreed that it represented a model for other potential projects in the County, with its dedication of
private open space, sensitivity to the environment, designs that melded into the "landscape, LEED
certification and attention to issues of sustainability. O'Donnell said that the project worked well
for this site, and for Tiburon, as well. He thought that Lots 5 & 6 were hidden from view and that
the redesign of Lot 8 solved previous issues. He said that he visited the site and did not have any
specific problems with the design, but felt that accessory structures should not be located on the
ridgelines. He called the plan "a gem" and said he was prepared to approve the plan, as
submitted, although he sought clarification for a few of the issues raised by staff.
Councilmember Fredericks commented on the issue of property rights. She said that local
government had the privilege and responsibility to protect the community and to place
restrictions on property development through zoning restrictions for the protection of all.
Town Council Minutes #03 -2012 February 15, 2012 Page 7
Fredericks said that this was a complicated piece of property with many constraints. She said that
20 units would perhaps be reasonable for an unconstrained property, and that the Alta Robles
development plan represented 72,000 square feet of structures being proposed for this land.
Fredericks suggested that additional basement area be prohibited and that secondary dwelling
units be attached to the primary dwellings, with no additional floor area allowed for secondary
units. She thought that the issue of the open space on Lots 1, 2, 4 & 7 had ben agreed upon. She
asked for some sensible design standards for driveway retaining walls. She felt that Lot 13 looms
over Paradise Drive from some locations and she would like to see it reduced to protect more
habitat.
Councilmember Doyle called upon his five years of experience on the Design Review Board and
said that square footage was a guideline to ensure that the bulk and mass of a house did not
overwhelm the space. He said that a 3,000 square foot home could be massive, while a 6,000
square foot home buried into the hillside could be beautiful. He said that it was a mistake to
focus on the number of square feet alone. He said that as an example, the proposed house on Lot
8 had so much of its mass sloping downhill that it did not "stick up" and rather, blended in. He
said it was important to review what the home looked like and not focus primarily on the square
footage. That being said, Doyle asked what guarantee was there that the houses would be built
per these designs.
Planning Manager Watrous said that Condition No. 14 stated that the designs "shall be closely
based on" the exterior appearances shown on the drawings and that this was the express intent of
the Council. This would disallow substantive changes, according to Watrous, except in the
reduction in height and/or size.
Director Anderson added that in this instance, the Town would be a "backstop" in house design
enforcement because the property owner's association will be required to be the "first" enforcers
of house designs in accordance with the Kao drawings.
In conclusion, Councilmember Doyle said that he could support the project as presented.
Councilmem ber Collins said that the Council had worked hard in its deliberations to determine
whether the applicant could build on all of the Lots, even though the Planning Commission had
recommended eliminating some of the lots. He said that all this hard work, and the applicant's
response, had paid off.
Even though he joined with his colleagues in praising the designs of the homes, Collins still
expressed some concern about house size and said that at the end of the day, there were still two
8,000 square foot homes in the plans. He wondered if there was anything that could be done to
reduce their size and impact. He thought that requiring the private open space on Lots 1, 2, 4 & 7
to be common open space was a good idea. He suggested limiting accessory buildings between
the ridgeline and the house footprint for Lots 8, 9, 10 & 12. He agreed with Councilmember
Town Council Minutes #03 -2012 February 15, 2012 Page 8
Fredericks about allowing attached secondary dwelling units only. He asked that taller retaining
walls be clad with a stone surface.
Mayor Fraser praised the applicants for their hard work and the community for its input. He said
that flexibility and compromise was required in the review of such a large-scale project with
long-term impacts for the community. He applauded Dr. Kao for setting a high standard and for
creating the character and feel of the project. He said this resulted in a thoughtful design on a
constrained site.
Mayor Fraser asked for clarification on certain outstanding issues, such as the distance between
the house and accessory buildings on Lot 12, and the creation of contiguous private and public
open space on Lots 1, 2, 4 & 7, as recommended by the Planning Commission. He also said that
there should be stringent guidelines to mitigate the impacts of construction on the surrounding
area, such as disallowing parking on Paradise Drive during the construction. He said that he was
not troubled by the overall house sizes.
Planning Manager Watrous summarized the points made during the Council's discussion that
had resulted in a consensus of opinion. These items would be incorporated into the draft
resolution approving the precise development plan:
--On Lots 8 through 12, no major accessory buildings, including pools, buildings and garages,
between the ridgeline and the extended line of the house footprints
--On Lot 12, no accessory buildings, including garages, permitted in the residential use area west
of the ridgeline
--No construction parking or staging on Paradise Drive
--No additional basement area
--No additional FAR for second units and second units to be attached only, not separate from
main house
--approve Attorney Hurd's letter proposal to allow construction drawings to be submitted in 90
days instead of 30, due to their complexity
--revise ridgeline No. 5 to correct error on plans
--the existing driveway entrance may continue to provide access to Lot 1
--extend the allowable construction time to 3 years instead of two for the subdivision
improvements.
MOTION: To adopt resolution of findings pursuant to CEQA, as written.
Moved: O'Donnell, seconded by Doyle
Vote: AYES: Unanimous
MOTION: To adopt resolution approving the Precise Development Plan and Mitigation
Monitoring Plan, as amended above.
Moved: O'Donnell, seconded by Doyle
Vote: AYES: Unanimous
Town Council Minutes #03 -2012 Februai.v 15, 2012 Page 9
MOTION: To read ordinance by title only.
Moved: O'Donnell, seconded by Fredericks
Vote: AYES: Unanimous
Mayor Fraser read, "An ordinance of the Town Council of the Town of Tiburon prezoning
unincorporated territory (Soda Property) in the Paradise Drive portion of the Tiburon Planning
Area (Assessor Parcel Number 039-301-01)."
MOTION: To pass second reading and adopt the ordinance.
Moved: O'Donnell, seconded by Collins
Vote: AYES: Collins, Doyle, Fraser, Fredericks, O'Donnell
TOWN COUNCIL REPORTS
Mayor Fraser reported on the progress of the Ned's Way subcommittee. He also noted that the
idea of appointing a Councilmember for both Belvedere and Tiburon to the Jt. Recreation
Committee was being contemplated. Town Manager Curran said that this issue would be brought
to the entire Council in future for its consideration.
Councilmember Fredericks gave the Council an overview of the Sustainable Communities Strategies
and how this regional planning process was intertwined with housing quotas (RHNA numbers), as
well as future transportation funding, pursuant to AB 32.
TOWN MANAGER'S REPORT
None.
WEEKLY DIGESTS
• Town Council Weekly Digests - February 3, 2012
• Town Council Weekly Digest - February 10, 2012
ADJOURNMENT
o
f the Town of Tiburon, Mayor Fraser
There being no further business before the Town Co tcfl
adjourned the meeting at 10:44 p.m. Town Council Minutes #03 -2012
'11// . In
JIM F AYOR
t
February 15, 2012
Page 10
ATTEST:.
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #03 -2012 February 15, 2012 Page 11