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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 ZIA JOHN~2 OJ TIBi~3RSN PLA G COMMISSION ATTEST: DAN WATROUS, SECRETARY (ACTING) TIBURON PLANNING COMMISSION MINUTES - MARCH 28, 2012 MINUTES NO. 1019 PAGE 5 C_, p 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