HomeMy WebLinkAboutTC Digest 2012-04-13TOWN COUNCIL WEEKLY DIGEST
Week of April 9 - 13, 2012
1. Press Release - Marin Co. Parks - Cleanup and Protect Marin for Earth Day
Aizendas & Minutes
2. Minutes - Planning Commission - March 28, 2012
I Action Minutes - Planning Commission - April 11, 2012
4. Agenda - Belvedere/Tiburon Library Agency - April 16, 2012
5. Agenda - Design Review Board - April 19, 2012
Regional
a) Bay Area Monitor - April/May 2012 *
b) Bay Area Air Quality Mgmt. Dist. - Model Wood Smoke Ordinance
c) Letter - Betty Yee for Controller - Request for Endorsement's
Agendas & Minutes
d) None
* Council Only
My Earth Day Marin Coal-ition
FOR IMMEDIATE RELEASE Contact: Greg Reza
Marin County Parks
March 29, 2012 (415) 473-3778
reza marincount .or
www myearthdaymarin.or9
CLEANUP AND PROTECT MARIN FOR EARTH DAY
San Rafael, CA - The My Earth Day Marin Coalition invites Marin County residents, visitors and
businesses to celebrate Earth Day 2012 by joining hundreds of volunteers on Saturday, April 21
to clean and protect Marin's public places, wildlands and watersheds. Volunteers will remove
litter from beaches, parks, and creeks; invasive plants from open space preserves and graffiti
from public buildings and structures. The My Earth Day Marin Coalition is comprised of public
agencies and volunteer programs including City of San Rafael, Marin County Stormwater
Pollution Prevention Program, Marin County Parks, Marin Municipal Water District and the
Center for Volunteer and Nonprofit Leadership of Marin. The Coalition promotes organized
service projects throughout Marin.
Volunteers are encouraged to sign up for a project at a particular site or, if they have a group,
they can host a new project site. Service projects will begin at 9:00 a.m. and end at 12noon. Visit
www.myearthdaymarin.org or call (415) 499-6583 for a list of Earth Day service projects.
Litter cleanups are important because they keep our community clean and protect wildlife in our
bay and ocean. Invasive plant removal and trail maintenance programs improve habitat for
wildlife and reduce sediment that enter our creeks and impact salmon. Last September, more
than 2,000 volunteers in Marin picked up over 8,000 pound s of trash and recyclables on Coastal
Cleanup Day. The My Earth Day Marin Coalition is urging people to participate in a sim ilar effort
this spring in various service projects throughout the County. Please join a local effort on Earth
Day, and help preserve our beautiful and unique environment in Marin.
PLANNING COMMISSION
MINUTES NO. 1019
March 28, 2012
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, Vice-Chair Tollini and Commissioner Kunzweiler
Absent: Commissioners Weller and Welner
Staff Present: Planning Manager Watrous, Planning Associate Tyler and Minutes Clerk Levison
ORAL COMMUNICATIONS: None
COMMISSION AND STAFF BRIEFING
Planning Manager Watrous informed the Commission that at last week's meeting, the Town
Council voted to grant the appeal and approve the project for 14 Cecilia Court. The Council
commented that the Commission had acted appropriately in applying the policies of the Tiburon
Highlands Precise Plan, but the Council took a slightly broader view and approved one-story
additions that would not be particularly visible while still discouraging anything else that would
be more inconsistent with the neighborhood, particularly with regards to visual mass and bulk.
Vice-Chair Tollini requested clarification on the recent library project workshop, which she had
understood would not result in any project approvals. Mr. Watrous stated that no approvals were
granted at that meeting. He said that the workshop was an opportunity for the Council to review
conceptual plans before beginning the Design Review process. The next step is Design Review
of the project, which will be conducted by the Council at a fully-noticed public hearing, likely in
a larger venue to accommodate the anticipated public audience.
PUBLIC HEARINGS
1. 155 ROCK HILL DRIVE; CONDITIONAL USE PERMIT TO LEGALIZE AND
ESTABLISH AN AGRICULTURAL USE TO KEEP FOWL
(CHICKEN/PIGEONS) WITHIN A SINGLE-FAMILY RESIDENTIAL OPEN
(RO-2) ZONED PARCEL; FILE # 11202; Julie and David Flaherty, Owners and
Applicants; Assessor Parcel No. 039-152-03
Associate Planner Tyler presented the staff report, stating that the applicant is requesting
legalization and establishment of an agricultural use for the keeping of fowl within a residentially
TIBURON PLANNING COMMISSION MINUTES - MARCH 28, 2012 MINUTES NO. 1019 PAGE I
zoned property. A conditional use permit is required to establish the agricultural use within a
residential zoning district.
The property is improved with a single-family dwelling and an approximately 67 square foot
chicken coop and run. Both the coop and run are constructed of wood and wire mesh and
currently located within the left side yard setback, adjacent to the property line. Currently, there
are three chickens and two Birmingham Roller pigeons housed within the structures. The
applicants have indicated that the primary purpose of the use is to educate and advocate for
sustainable living practices. The applicant has proposed to relocate the existing coop and run to
the rear yard. The proposed location would not be visually prominent from any of the adjacent
properties. Mature vegetation would screen the structures from the uphill neighbor at 159 Rock
Hill Drive as well as from the Community Congregational Church located to the north. Staff
recommended that the Commission adopt the draft resolution conditionally approving the
proj ect.
Chair Corcoran requested clarification on the proposed location of the coop and run. Mr.
Watrous indicated the location on site plans, noting that the proposed site is situated within the
rear, but not side, yard setback.
David Flaherty, applicant, said that he had no knowledge of the restrictions surrounding the
keeping of chickens on his property at the time the chickens were purchased. He said that he and
his wife were looking to find a thoughtful pet for their daughters and had done everything in
their power to mitigate any possible impacts. He suggested that the complaints from his
neighbors have more to do with other matters than they do with his pets.
Commissioner Kunzweiler requested more information on the pigeons. Mr. Flaherty explained
that he raised Birmingham Roller pigeons as a small child and maintained a particular fondness
for them. He was aware that roosters were not allowed in town but also wanted something that
would mate and nest, which made him think of pigeons. He explained that he had already
ordered the pigeons when the Associate Planner contacted him to explain the Town's ordinances.
Chair Corcoran asked what consideration was given to other locations within the applicant's
yard. Mr. Flaherty said that the current location is one he had considered both unobtrusive and
secure until recently, when he cleared a significant amount of vegetation. He said that the
proposed location would keep the coop and run closer to the house in a relatively safe location.
Linda Emberson said that she prefers the sound of contentedly clucking chickens to that of a
barking dog. She felt that, if properly cared for, chickens would be a much cleaner pet than dogs
or cats. She also found the current permit process and fees to be a bit onerous for those simply
looking to house several chickens.
Tony Maskell, son of Caroline Maskell, said that the preference for clucking chickens over
barking dogs is clearly a matter of opinion and one that his mother does not share. He said that
his mother's complaints are limited to the chickens, particularly regarding noise and rodents that
have become a significant issue since the Flahertys began keeping chickens.
TIBURON PLANNING COMMISSION MINUTES - MARCH 28, 2012 MINUTES NO. 1019 PAGE 2
Caroline Maskell said that she had not seen a single rat in her home for the thirty-seven years she
has lived there, until now. She said that the Flahertys have a significant rat issue on their
property that is now becoming an issue for here. When asked by Commissioner Kunzweiler, she
confirmed her contention that the rats infesting her home are a direct result of rats getting into
the Flaherty's chicken feed. She said that a pest control professional confirmed this for her and
told her that a dead rat was found in the applicant's feed bin,. She felt the proposed location for
the coop and run, which is not adjacent to her home, would likely alleviate the problem.
Elaine Carmody said that she had personally seen the applicant's coop and found it to be clean
and well kept. She said that she would be surprised to learn that the Maskell's issues are related
to the Flaherty's chickens but thought that relocating the coop to the rear of the property would
likely mitigate any issues.
Mr. Flaherty doubted that the rats mentioned by Ms. Maskell had anything to do with his
chickens. He said he had never had a rat in his home, while Ms. Maskell had. He also explained
that the dead rat referred to by Ms. Maskell was found in a container in a storage shed, not in the
chicken feed. He said that he keeps his coop and run exceptionally clean and makes every effort
to treat his chickens and pigeons no differently than one would an indoor pet.
Commissioner Kunzweiler asked if there are methods to store feed to make it inaccessible to
rodents. Mr. Flaherty said "yes," that he recently learned how to elevate feed on a visit to Woolly
Egg Ranch in Mill Valley.
Mr. Maskell said that his mother has lived in her home for thirty-seven years and to say that she
has rats coming from her home is absurd. He said that rats represent a true health hazard, not
only for her but also for her two grandchildren.
Chair Corcoran closed the public hearing.
Vice-Chair Tollini asked if failure to elevate the chicken feed or resolve the rat issue would
constitute cause for revocation of the use permit, as discussed under Section 2, No. 11 of the
resolution. Mr. Watrous said "yes," provided there was absolute proof that the chickens are the
cause of the rats. He said that if it were simply a matter of how the feed was stored, that could
likely be addressed in a different manner.
Chair Corcoran asked if it would be appropriate to continue the hearing until after the larger
issue of the ordinance is resolved. Mr. Watrous said "no," that this is a matter of code
enforcement since the use is already in existence. Even if the Commission were to continue the
matter, the applicant would be required to follow the procedures in place at the time it came to
the Town's attention.
Commissioner Kunzweiler said that he supported both the proposed relocation of the coop and run
as well as the resolution approving the application. However, he acknowledged that rats are an
issue and suggested that it might be appropriate to include language regarding the use of predatory
feeding prevention practices under conditions 4 or 8. He stressed that he would not prescribe how
exactly the applicant should go about it; simply that best management practices would include
TIBURON PLANNING COMMISSION MINUTES - MARCH 28, 2012 MINUTES NO. 1019 PAGE 3
such efforts. Mr. Watrous explained that the information the applicant learned is the currently
accepted best practice and therefore automatically falls under condition of approval 4.
Vice-Chair Tollini said that she supported the keeping of chickens for sustainable practices. She
acknowledged the neighbors' concerns; which she hoped would be suitably addressed through
relocation of the coop and elevating the feed. She also hoped that they could work through any
outstanding issues amongst themselves.
Chair Corcoran said that it would be appropriate to note that the Commission has expressed
concern with the current body of law that regulates the keeping of chickens in Town. In this
instance, he felt that the most significant issues were those relating to rodents. What he heard
from the applicant was a commitment to resolving the rodent issue to the extent that it is within
his power to do so. Conditions No. 4 and 8 do allow the Commission the flexibility to revisit the
issue if needed. He supported the raising of chickens and thought hat the applicant was to be
commended for coming forward in a forthright manner.
ACTION: It was M/S (Kunzweiler/Tollini) to adopt the resolution, as drafted. Vote: 3-0.
2. GENERAL PLAN TEXT AMENDMENT/CORRECTION TO HOUSING
ELEMENT PROGRAM H-Y; FILE #GPA 2012-01
The Planning Manager presented the staff report, stating that the Town Council adopted the
updated Housing Element on February 1, 2012. Due to an editing error, one paragraph was not
accurately updated in the Council's packet. The Council adopted a version without the
Commission's recommendation for more specific language regarding the Reed School District
site, as required by the Department of Housing and Community Development before certifying
the Housing Element. Staff recommends that the Commission review and recommend approval
of the amendment to the Town Council
ACTION: It was M/S (Kunzweiler/Tollini) to recommend approval of the amendment to the
Town Council. Vote: 3-0.
MINUTES:
3. PLANNING COMMISSION MINUTES - Regular Meeting of March 14, 2012
Chair Corcoran requested clarification on the path referred to on Page 3, middle paragraph.
While Teather Park was not his intended reference, he ultimately felt it to be relevant and
appropriate.
ACTION: It was M/S (Tollini/Corcoran) to approve the minutes of the March 14, 2012 meeting
as submitted. Motion carried: 2-0-1 (Kunzweiler abstained).
ADJOURNMENT:
The Planning Commission adjourned the meeting at 8:15 p.m.
TIBURON PLANNING COMMISSION MINUTES - MARCH 28, 2012 MINUTES NO. 1019 PAGE 4
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ATTEST:
DAN WATROUS, SECRETARY (ACTING)
TIBURON PLANNING COMMISSION MINUTES - MARCH 28, 2012 MINUTES NO. 1019 PAGE 5
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TOWN OF TIBURON Action Minutes - Regular Meeting ~v
Tiburon Town Hall Tiburon Planning Commission
1505 Tiburon Boulevard April 11, 2012 - 7:30 PM •
Tiburon, CA 94920
ACTION MINUTES
TIBURON PLANNING COMMISSION
CALL TO ORDER AND ROLL CALL At 7:33 PM
Present: Chairman Corcoran, Commissioner Kunzweiler, Commissioner Weller, Commissioner
Welner
Absent: Vice Chair Tollini,
ORAL COMMUNICATIONS There Were None
Persons wishing to address the Planning Commission on any subject not on the agenda may do
so under this portion of the agenda. Please note that the Planning Commission is not able to
undertake extended discussion, or take action on, items that do not appear on this agenda.
Matters requiring action will be referred to Town Staff for consideration and/or placed on a
future Planning Commission agenda. Please limit your comments to no more than three (3)
minutes. Testimony regarding matters not on the agenda will not be considered part of the
administrative record.
COMMISSION AND STAFF BRIEFING
Commission and Committee Reports
Director's Report
OLD BUSINESS
1. CONSIDER CONCEPTUAL DRAFT REGULATIONS FOR URBAN CHICKEN AND
BEEKEEPING IN SINGLE-FAMILY ZONES [LT] Continued Discussion from
February 22, 2012 Direction Provided to Staff
MINUTES
2. PLANNING COMMISSION MINUTES -Regular Meeting of March 28, 2012
Approved 2-0-2
ADJOURNMENT At 8:40 PM
Tiburon Planning Commission Action Minutes April 11, 2012
Page 1
REGULAR MEETING
BELVEDERE-TIBURON LIBRARY AGENCY
Monday, April 16, 2011
Regular Meeting 6:15 PM
Belvedere-Tiburon Library
1501 Tiburon Blvd., Tiburon, California
AGENDA
CALL TO ORDER/ROLL CALL
OPEN FORUM
This is an opportunity for any citizen to briefly address the Board of Trustees on any matter that does not appear on this agenda. Upon
being recognized by the Chair, please state your name, address, and limit your oral statement to no more than three minutes. Matters
that appear to warrant a more lengthy presentation or Board consideration will be agendized for further discussion at a later meeting.
STAFF, BOARD AND COMMITTEE REPORTS
1. Chair's report - Beverlee Johnson (2 minutes)
2. BTLF report - Heather Cameron (5 minutes)
3. Library Director's report - Deborah Mazzolini (10 minutes)
4. Financial Statement for March 2012 (5 minutes)
5. Committee reports (5 minutes)
Program Committee calendar, Art Committee
CONSENT CALENDAR - 2 minutes
The purpose of the Consent Calendar is to group items together which generally do not require discussion and which will probably be
approved by one motion unless separate action is required on a particular item. Any member of the Board, its staff or the public may
request removal of an item for discussion.
6. Approval of minutes of March 19, 2012
7. Approval of warrants dated March 2012 and in-house check register
TRUSTEE CONSIDERATIONS
The purpose of Trustee Considerations is to list items for discussion and potential action.
8. Building Program Expansion Update
9. Approval of updated fees for MARINet interlibrary loans and late return fees
10. Draft budget FY2012/2013
COMMUNICATIONS & ANNOUNCEMENTS
10. Monthly calendar
11. Schedule of FY 2012 meeting dates
NOTICE
AMERICANS WITH DISABILITIES ACT
The following accommodations will be provided, upon request, to persons with a disability: agendas and/or agenda packet
materials in alternate formats; special assistance needed to attend or participate in this meeting. Please make your
request at the office of the Administrative Assistant or by calling (415) 789-2660. Whenever possible, please make your
request three days in advance.
ago
TOWN OF TIBURON Regular Meeting
Tiburon Town Hall Design Review Board
1505 Tiburon Boulevard April 19, 2012
Tiburon, CA 94920 7:00 P.M.
AGENDA
TIBURON DESIGN REVIEW BOARD
CALL TO ORDER AND ROLL CALL
Chairman Kricensky, Vice Chair Emberson, Boardmembers Chong, Johnson and Tollini
ORAL COMMUNICATIONS
Persons wishing to address the Design Review Board on any subject not on the agenda may do so under
this portion of the agenda. Please note that the Design Review Board is not able to undertake extended
discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be
referred to Town Staff for consideration and/or placed on a future Design Review Board agenda. Please
limit your comments to no more than three (3) minutes. Any communications regarding an item not on
the agenda will not be considered part of the administrative record for that item.
STAFF BRIEFING (if any)
PUBLIC HEARINGS AND NEW BUSINESS
1. 440 RIDGE ROAD: File No. 21204; Ridge Road LLC, Owner; Site Plan and
Architectural Review for construction of a new single-family dwelling, with a Variance
for excess lot coverage. The applicants propose to demolish an existing dwelling and
construct a new two-story dwelling. The new dwelling would result in a total floor area of
4,190 square feet. The house would have a lot coverage of 17.6% in lieu of the maximum
15.0% lot coverage permitted in the RO-2 zone. Assessor's Parcel No. 059-082-21. [DW]
2. 10 CIBRIAN DRIVE: File No. 711124; Diane Lee, Owner; Site Plan and Architectural
Review for construction of additions to an existing single-family dwelling. The applicants
propose to construct a d616 square foot addition to the lower level of the existing house.
The project would result in a total floor area of 3,842 square feet. Assessor's Parcel No.
038-011-40. [LT]
3. 987 TIBURON BOULEVARD: File No. 712025; James and Susan Malott, Owners;
Site Plan and Architectural Review for construction of additions to an existing single-
family dwelling, with a Floor Area Exception. The applicants propose to add a 760
square foot studio and 240 square feet of storage space to an existing dwelling. The
project would result in a lot coverage of 12.1 % and a total floor area of 4,975 square feet
in lieu of the maximum floor area ratio of 4,534 square feet. Assessor's Parcel No. 058-
132-09. [LT]
Design Review Board Agenda April 19. 2012 Page 1
4. 1 BENTON COURT: File No. 712020; Dan Morgan, Owner; Site Plan and
Architectural Review for construction of a new single-family dwelling, with a Floor Area
Exception. The applicants propose to demolish an existing dwelling and construct a new
two-story dwelling. The new dwelling would result in a lot coverage of 20.1 % and a total
floor area of 3,318 square feet in lieu of the maximum floor area ratio of 3,233 square
feet. Assessor's Parcel No. 039-011-12. [DW]
5. 687 HAWTHORNE DRIVE: File No. 21206; Michael and Elena Stephens, Owners;
Site Plan and Architectural Review for construction of additions to an existing single-
family dwelling, with Variances for reduced side yard setback and excess lot coverage.
The applicants propose to add a new garage and addition that would add 895 square feet
to the existing dwelling. The project would result in a lot coverage of 32.6% in lieu of the
maximum 30.0% allowed in the R-1 zone and extend to within 6 feet, 8 inches of the left
side property line in lieu of the 8 foot minimum side yard setback allowed in the R-1
zone. Assessor's Parcel No. 055-191-02. [LT]
MINUTES
6. Regular Meeting of March 15, 2012
ADJOURNMENT
Design Review Board April 19, 2012 Page 2