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HomeMy WebLinkAboutTC Digest 2012-07-13TOWN COUNCIL WEEKLY DIGEST Week of July 9 -13, 2012 Tiburon 1. Email - Frances Barbour - Thanks to Chief Cronin and Nick Nguyen - Traffic and Safety Concerns in Belveron East 2. Letter - Tamalpais High School Dist. - Notice of Public Hearing - Fourteen Day Notice of Proposal to Implement Developer Fees 3. Newsletter - Bel/Tib Library - Details About the Library Expansion 4. Library Correspondence - Attached is a large pack of correspondence which is electronically transmitted to you for your review. Hard copies will not be distributed. A binder with hard copies is available at the front desk at Town Hall. Correspondence received will be added weekly to the binder. Agendas & Minutes 5. Minutes - Planning Commission - June 13, 2012 6. Action Minutes - Planning Commission - July 11, 2012 7. Meeting Cancellation - POST - July 17, 2012 8. Agenda - Design Review Board - July 19, 2012 Regional a) American Society of Civil Engineers - 2012 Calif. Infrastructure Report Card b) Marin Conservation League - 2011 Annual Report * Agendas & Minutes c) None * Council Only From: Frances Barbour [mailto:febarbour@yahoo.com] I I Uo"' ES447 Sent: Monday, July 09, 2012 2:12 PM i To:,.~'lichael Cronin; Nicholas Nguyen, Cc:-Marti Andrews; Kristina Woll~fi;'` iburon H&A Commission) ta iiel~Amii ; Marissa Dresnek Subject: BENA thanks you!!! Dear Nick and Mike, On behalf of the Belveron East Neighborhood, I am writing to thank you very much for your successful assistance with traffic and safety concerns in our area. We think that the new countdown signal at Tiburon Boulevard and Trestle Glen is a wonderful improvement, and also the white striping treatment you added at Mercury Avenue and Trestle Glen. Additionally, after many investigative visits to the Juno/Trestle Glen intersection, we think that your subsequent work on trimming back the vegetation is fabulous, both for improving the sight lines at the notorious corner, and also for preserving as much privacy as possible for the residents along that stretch of Juno. The only challenge will be keeping it so perfect! Again, many thanks and congratulations - attached is our Summer newsletter, which mentions your good deeds as well. -.Best regards, . Frances Frances E. Barbour President, Belveron East Neighborhood Association belveroneast.wordpress. com cell: (415) 577-4601 7/9/2012 Fft f G ic J T TAMALPAIS UNION HIGH SCHOOL DISTRICT P.O. Box 605 - Larkspur, CA 94977 - (415) 945-3600 - Fax (415) 945-3766 - www.tamdistrict.org 21st Century California Distinguished Schools: Tamalpais, Drake and Redwood High Schools July 2, 2012 Town of Tiburon Building Division 1505 Tiburon Blvd. Tiburon, CA 94920 Re: Fourteen Day Notice of Proposal to Implement Developer Fees Dear Building Division, A public hearing will be held by the Governing Board of the Tamalpais Union High School District at its regular meeting of July 18, 2012, in which the Board will consider a resolution implementing school facilities fees in accordance with Education Code Section 17620. The meeting will be held at 7:00 p.m. in the Kreps Conference Room of the district offices, located at 395 Doherty Drive, Larkspur, California. Further information on the costs of school services and facilities and on other available revenue, including the general fund, will be available at the District office as of June 26, 2012. If you have any questions regarding the above, please feel free to contact me at (415) 945-1037. Sincerely, TAMALPAIS UNION HIGH SCHOOL DISTRICT Lori arrish Assistant Superintendent ~ A.~V ~V~J ~V v 1 T w i r JUL. 0 3 2012 TOWN OF TIBURON BUILDING DIVISION; I ' ar Belvedere-Tiburon Library 1501 Tiburon Blvd. Tiburon, CA 94920 Information 789-2665 IN THE STACKS From the Belvedere-Tiburon Library July 2012 Volume 16, Issue 3 Reference 789-2661 Children 789-2662 Circulation 789-2665 x222 Director 789-2665 x226 Internet thelibrary.info Foundation beltiblibfoundation.org Library Hours: Mon 10-6 Tu Wed & Th 10-9 Fri & Sat 10-5 Sun 12-5 Details About the Library Expansion INFORMATION ABOUT SIZE AND COST Open House on July 14 The Library will hold a special open house, complete with "story poles," on Saturday July 14 from 11 am to 3 pm to tangibly introduce new details of our expansion plans. The open house comes as project architects EHDD, Library staff and agency members have refined the space, costs, and design of the expansion plan, in advance of the Town Council's review of the plan's design at 7:30 pm on July 25 at Del Mar School. r We hope you'll come to the open house and get answers to any questions you may have about the plan. The expansion will bring Tiburon and Belvedere residents of all ages a modern learning, technology and cultural center while maintaining the library's warmth and character that the community loves. Bring the whole family; there will be activities for the kids! DETAILS INSIDE ON LIBRARY EXPANSION The Size Question pg 2 The Landscaping pg 2 Details on Costs pg 3 About the Design pg 3 A Public Process pg 4 F .t The Size Question Our library expansion is a tribute to the library's success. It was designed 20 years ago to be a branch of the Marin County Free Library System but is now independent for our local community. Since opening in 1997, borrowing of materials has mushroomed from 85,000 to more than 315,000 checkouts annually-an increase of more than 270%! Just in the last five years, enrollment at our schools has risen 30%, technology has changed reading habits, and last year the library hosted more than 800 community events. The library is overcrowded and clearly needs more space. We've been working for nearly five years with the award- winning architecture firm EHDD of San Francisco to expand the library. The design will meet LEED standards to maximize environmental benefit, complements the architecture of the community, and has been refined to meet the community's needs with an additional 16,000 square feet and new open space around it. The expansion plan provides more space for adults, students, community meetings, operations, the library foundation, expanding collections, and the growing demand for new technology 2 services. When complete, it will be a bit smaller than the library in Mill Valley. It's complicated for most of us to read floor plans and get a sense of how the extra space is actually being used. After subtracting the increase in common areas like hall- ways, walls, and restrooms, the increase in useable space is 11,194 square feet. The following table shows how the expansion will address each area of the library's need: Category New Space sq Ft Independent Library Operations 1,824 Children & Students 2,882 Bigger Collections & More Room 2,926 Community Programs 887 Technology Access & Learning 1,797 Corner Books & Coffee Cart 878 Total 11,194 Details on Costs The library expansion is estimated to cost a total of $12-$14 million, including all project planning costs, con- struction costs, furniture, computers and other equipment, landscaping and fixtures. Of this estimated total, about $8410 million is for direct construction costs including landscaping, about $3 million is for engineering, design, legal, insurance, project management and other costs, and about $1 million is for equipment, fixtures and furniture. The estimates are based on standard construction cost assumptions for Marin County, with detailed engineering work still to be done after the final design is approved. The cost range is due to variances in material costs and construction time, as well as other contingencies. Most important, all costs are expected to be paid by the Library Foundation from private donations, with no cost to taxpayers. The expansion plan has been in the works since 2004, with a major revision in 2006 and subsequent revisions in response to public input. Of course, each revision adds to the cost of the project. So far the project has cost $750,000, including approximately $450,000 surrounding the permitting and environmental review process. Every dollar spent on the planning, design, and permit process for the library expansion has come from private gifts specifically donated for the purpose of project develop- ment. This includes expenditures for legal, environmental, architectural, public outreach, and project management services typically associated with a project of this size and level of public interest. Once our expanded library opens, the net difference of operating costs is estimated to be $82,000 per year, with an estimated $136,000 in new revenue and operational efficiencies made possible by the expansion and estimated cost increases of $218,000. Following final design approval, the Library Foundation will embark on a major fundraising campaign, with the goal of paying for the entire expansion from private sources. About the Design The library expansion has been carefully designed by the renowned San Francisco architecture firm EHDD Architects and the landscape designers Royston Hanamoto Alley & Abey. They have integrated the indoor and outdoor spaces with each other, with the site, and with the town, retaining and respecting the architectural character of the current library while eliminating its overcrowding. Outside, they kept the popular look and feel of the existing library by maintaining the same overall exteriors, trim and colors. Beyond the building itself, the expansion project creates a space for the community by introducing a plaza and two other seating areas, preserving and enhancing views of the hills, adding a children's garden, and expand- ing and enhancing adjacent wetlands. The landscaping reuses storm water runoff, is fully ADA accessible, and features native plants and sustainable materials. The beloved heron sculpture is prominently displayed on the new plaza. Inside, the design is based on a space allocation assessment specific to the demographics and interests of Belvedere-Tiburon, with the overall goal of ending the library's overcrowding. There are teen and children's areas reflecting the increase in our youth population. The LEED-certified design will take full advantage of state-of-the-art energy efficiencies. The latest plan is about 2,000 square feet smaller than the original plan, with modifications made to increase the space between the library and Town Hall. The architects, EHDD, are known for forward-thinking designs of high-visibility projects. Their previous work includes the Monterey Bay Aquarium, the San Mateo Public Library, the Mountain View Public Library, UC Berkeley Doe and Moffitt Libraries, UC San Francisco Medical Library, University of San Francisco Dorraine Zief Law Library, the Ross School, Marin Country Day School, and Sea Ranch. 3 IN THE STACKS A Newsletter from the Belvedere-Tiburon Library An Open Process of Public Participation The library expansion project has been under way since 2004; every step has been taken with full public view. More than two dozen public meetings have been held to encourage residents' input on the library's needs, the expansion plan's design, and the elements of the new library. All the money spent on the project has come from private donations specifi- cally for this purpose-not a dollar of tax or public revenue. The project has undergone a thorough Environmental Impact Report assessing traffic, visual impacts, noise, safety, and other impacts; the EIR was certified by the Tiburon Town Council in 2011. Public meetings continue with the open house July 14 and the Town Council's design review on July 25, where the public can express its views on the plan. * *`ECR'%ATSH**C 010 Friends of Belvedere and Tiburon 10 99 Marinero C'ir Apt 205 , 3607 Belvedere Tiburon CA 94920-1649 For more information, please visit the library's website at www.thelibrary.info and click on the expansion link. The project's 2007 needs assessment, the 2011 update, the full EIR and other reports are available to the public at this site. Please contact your Town Council members to let them know how you feel about this project. You can email Town Clerk Diane Crane, (dcrane@ci.tiburon.ca.us), and say, "Dear Diane, please forward this email regarding the library expansion to Mayor Fraser and the Town Council Members." Non-Profit U.S. Postage-Paid Permit No. 218 Bel-Tib, CA UPCOMING EVENTS See website for more details www.thelibrary.info SUMMER YOUNG PEOPLE'S PROGRAMS Mondays 10:30 & 11:00 am Baby bounce story time, ages 0-2 Tuesdays 11 am Toddlers story time, ages 2-3 Tuesdays 3 pm Summer Teen Book and Art Clubs Tuesdays 4 pm Pre-school story time, ages 3-5 Wednesdays 4 pm Lemonade reading hour, children 7 and up Thursdays 11 am Special Performances Friday, July 13th, 5-8 pm Teen scary movie night Friday, August 3rd, 5-8 pm Teen zombie night ART EXHIBITS July 3-July 28 Way Out West, Artist Kathleen Lack Tuesday, July 3, 6pm Kathleen Lack reception July 31-August 25 My Surprise Gift, Being an Artist: Carol Weiss Tuesday, July 31, 6 pm Carol Weiss reception ARTS & LECTURES Tuesday, July 10. 7:30 pm Rick Coven: How to upgrade your home with solar Tuesday. July 17, 7:30 pm Lindsay Dailey: Waterwise edible landscaping Tuesday, July 24. 7:30 pm Traveling in Iran, Nersi Ramazannia Thursday, July 26. 7:30 pm Con Alma Vocal Ensemble: Summer Moods Tuesday, August 14, 7:30 pm Marin Poetry Traveling Show Tuesday, August 21, 7:30 pm David Buchanan, Asian Art Museum Docent: The Dragon, the Rhinoceros, and the FDA ONGOING DISCUSSION GROUPS French Group every Tuesday Spanish and Italian Groups every Thursday Great Books Discussions Second Tuesday of the month (begins again in September) Contemporary Fiction Group Last Tuesday of the month (begins again in September, waiting list- call reference desk) New Yorker Magazine Discussion Group First Monday of each month (waiting list- call reference desk) 6000, PLANNING COMMISSION MINUTES MINUTES NO. 1022 June 13, 2012 Regular Meeting Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California CALL TO ORDER AND ROLL CALL: Chairman Corcoran called the meeting to order at 7:30 p.m. Present: Chairman Corcoran, Commissioners Kunzweiler, Weller and Welner Absent: Vice Chair Tollini Staff Present: Director of Community Development Anderson, Director of Public Works Nguyen, Planning Manager Watrous, Associate Planner Tyler and Minutes Clerk Rusting ORAL COMMUNICATIONS: None COMMISSION AND STAFF BRIEFING: Planning Manager Watrous stated that no items are scheduled for the June 27, 2012 meeting and the meeting may be cancelled. Likewise, no items are scheduled for the July 25, 2012 meeting because it is the same night as the Town Council's special meeting for the library project. OLD BUSINESS: 1. 761 HILARY DRIVE: FILE #19908; ADOPTION OF A RESOLUTION MEMORIALIZING THE COMMISSION'S APPROVAL OF AMENDMENTS TO THE CONDITIONAL USE PERMIT FOR AN EXISTING CURCH AND SCHOOL (ST. HILARY CHURCH AND ST. HILARY SCHOOL); Assessor's Parcel Nos. 055-253-20 and 055-221-06 [CONTINUED FROM MEETING OF MAY 9, 20121 Director Anderson said that at the May 9, 2012 meeting, the Planning Commission voted 4-0 to amend the conditions of approval on the St. Hilary conditional use permit to end the biennial review of the permit in favor of review on an as-needed or verified complaint basis. The Commission directed staff to return with a resolution memorializing this action for adoption at its next meeting. The resolution was prepared and submitted for review and adoption. There were no public comments. ACTION: It was M/S (Weller/Kunzweiler) to adopt the draft resolution memorializing the Commission's approval of amendments to the conditional use permit for St. Hilary Church and St. Hilary School. Motion carried: 4-0. TIBURON PLANNING COMMISSION MINUTES- JUNE 13, 2012 MINUTES NO. 1022 PAGE 1 2. 1 BLACKFIELD DRIVE, SUITES A-D (COVE SHOPPING CENTER): FILE #19710; REQUEST FOR RENEWAL OF A CONDITIONAL USE PERMIT GRANTED IN 1997 TO OPERATE A WIRELESS COMMUNICATIONS FACILITY; The Cove Shopping Center, Inc, Owner: Sprint Wireless, Applicant; Assessor's Parcel No. 034-212-18 [CONTINUED FROM MEETING OF MAY 9, 2012] Planning Manager Watrous said that this was a continued item from the May 9, 2012 meeting regarding the renewal of a conditional use permit for a wireless communications facility (WCF) at 1 Blackfield Drive. As the applicant was not present at the meeting, the Commission continued the hearing to tonight's meeting. He said that at the meeting a local resident expressed potential health concerns with the existing wireless communications facility and the soon-to-open Peet's Coffee and Tea store below the antennas. Staff indicated that previous studies related to this facility would be distributed to the Commission at the continued hearing, and advised the applicant's representative to have the radio frequency engineer present at the June 13, 2012 meeting. Planning Manager Watrous summarized information given to the Commission regarding a WCF application from 2010, which ultimately was appealed to the Town Council. At that time, an independent expert prepared a report concluding the facility is in compliance with FCC standards and both the proposed and existing facilities would not exceed FCC standards except on the roof of the building. Mr. Watrous noted that FCC regulations state that if a facility is shown to comply with these health standards then a municipality may not consider potential health concerns in its review of a wireless facility application. Erik Beholdt, from Diamond Engineering Services representing Sprint, said that they had not changed anything on the application and met all of the requirements for a WCF. Chairman Corcoran opened the public hearing. Christopher Wand pointed out that Peet"s would be the first new coffee house that has opened in 15-20 years, and he thought that the perception of the health effects from the WCF could affect business. He urged the Commission to encourage the applicant to move the towers to another location and to deny the extension or encourage the applicant to move it to the location of other towers across Tiburon Boulevard near the Union 76 gas station. He said that this is a bad idea for Peet's, and pointed out that the original Blockbuster store did not involve people sitting under the towers for hours, but a coffee house could. Bill Hammett, Hammett & Edison, said that he is a registered engineer in the state of California, personally took measurements in the area, and that the maximum RF level is about 300 times below the FCC standard. He stated that the RF levels would actually go up if it were moved across the street and that someone sitting below is exposed to very little energy. He stated that someone sitting inside the building would be exposed even less and there was no question that the facility is in compliance. Chairman Corcoran closed the public hearing. Commissioner Kunzweiler stated that the application was in full compliance with FCC safety and Town standards and should be approved. He said that he was familiar with the Town's safety standards that were established 4-5 years ago and the measurements were well within the safety level. He acknowledged that the Town cannot base its decision on the perception of impacts. Commissioner Weller said that he was unsure if the Commission has any discretion since the application cannot be rejected based on health threats. He asked if Town policy requires advising people that there is a cell tower on the roof of an eating establishment where they will spend a significant amount of time. Planning Watrous said that the Town's policy only distinguishes between residential and commercial TIBURON PLANNING COMMISSION MINUTES -JUNE 13, 2012 MINUTES NO. 1022 PAGE 2 properties and does not distinguish between types of commercial locations. Commissioner Weller stated that it might be worth considering having some policy that would make people frequenting the space aware of this type of use, but this would have no effect on the decision for this application. Commissioner Welner said that a lot of communities are dealing with the issue of cell towers and EMF. He said that the application appeared to be in order and he supported its approval. Chairman Corcoran stated that lie appreciated Mr. Wand's concerns, but the Commission's decision must be based on evidence and not speculation. He pointed out that people spent a lot of time inside Blockbuster previously and he thought that many people might be at Peet's a shorter time. Based upon the evidence before them tonight he did not see how the Commission could deny the application. ACTION: It was M/S (Kunzweiler/Weller) to adopt the resolution granting a time extension for the conditional use permit at the Cove Shopping Center for the wireless communication facility until May 9, 2017. Motion carried: 4-0. NEW BUSINESS: 3. REVIEW OF DRAFT FISCAL YEAR 2012-2013 CAPITAL IMPROVEMENT PLAN BUDGET FOR CONSISTENCY WITH THE TIBURON GENERAL PLAN Director Anderson said that this is the review of the proposed CIP budget for the coming fiscal year that the Commission is required to review for consistency with the Town's General Plan. He described the CEP budget and the Town's process for formulating this budget. He stated that the draft CIP budget is organized into three categories: street improvement projects, drainage improvement projects, and community and miscellaneous projects, with total planned expenditures of $6.418 million. He said that the allocation for street projects had increased from last year, reflecting the planned overlay of numerous streets in the Del Mar Undergrounding District area following completion of the utility undergrounding. Allocations in the drainage and community and miscellaneous categories had decreased as compared to last year, the latter due to majority completion of the Del Mar Undergrounding utility work by the end of this fiscal year. He said that it was anticipated that that the street system is now in very good shape and more money will be able to be put toward drainage. Proposed drainage projects for 2012-13 are for storm drainage line cleaning per the Town's Storm Drain Master Plan, and the usual mix of non-specific maintenance, repairs, and replacement on an as-needed basis, along with miscellaneous culvert/inlet improvements, at a reduced level of funding compared to last fiscal year. Director Anderson said that the community and miscellaneous category included a mix of carry-forward projects, new projects, maintenance projects, open space management projects, and ongoing projects such as handicap accessibility improvements at curbs. Major projects include the Ned's Way Recreation Facility, the Lyford Multi-modal Parking Lot Improvements, and the completion of the Del Mar Utility Undergrounding District improvements. Combined, these three projects account for approximately 90% of the community and miscellaneous category totals. He stated that new projects would be concentrated in the Downtown area, both as part of the Downtown Vibrancy Project launched by the Town Council and in preparation for the America's Cup activities scheduled during 2012 and 2013. Park facility upgrades and building and parking lot renovations are also included. Commissioner Kunzweiler asked for more information regarding the status of the drainage issue. He said that he was concerned about drainage for a Town comprised of lots of hilly slopes and unstable soil and asked whether that funding would change next year. Director Nguyen said that the Storm Drain Master Plan was created in 2008 and identified $11 million of repair needs and the Town is steadily working on that priority list. This current fiscal year they allocated TIBURON PLANNING COMMISSION MINUTES -JUNE 13, 2012 MINUTES NO. 1022 PAGE 3 roughly $215,000 on projects directly related to the Storm Drain Master Plan priority list and this proposed budget earmarks another $100,000 to storm drains. In future years in discussions with the Town Manager and Town Council he proposed that they should look into funding a larger portion of money toward that list. Commissioner Weller said that every one of the line items they are reviewing involves some sort of physical construction and improvements except the marketing implementation in the Downtown Programs section. He asked why that was included in a physical construction budget. Director Anderson said that there are physical elements associated with the marketing, such as signage. Director Nguyen said that that line item anticipated the use of design consultants to look into the actual design of the downtown signage, whereas the next line down was the implementation of that signage. The concept of enhancing the website includes working with a consultant, and it is more of a roll-over fund to continue that effort. Commissioner Kunzweiler said that he did not think that this was a capital project and suggested it may be mis-categorized. Chairman Corcoran asked about.the discussion of putting a bathroom in the Donahue building. Director Nguyen said that this had been dropped. Chairman Corcoran said that the corporation yard building has been neglected and he hoped that it would be upgraded at some point. Commissioner Weller asked if there is a way to approve the budget and strike the one line he disagreed with. Director Anderson said that the purpose of the discussion was to review the CEP for consistency with the goals and policies of the General Plan. The goal is to keep a vital and flourishing downtown and he finds it difficult to find that line item inconsistent with that goal. He stated that he would pass along the Commission's concerns with the categorization of this line item to the Town Council. There were no public comments. ACTION: It was M/S (Kunzweiler/Weller) to recommend to the Town Council that the find the capital improvement budget consistent with the General Plan. Motion carried: 4-0. PUBLIC HEARINGS: 4. 1 BLACKFIELD DRIVE, SUITE A-1 (COVER SHOPPING CENTER); FILE #11204; CONDITIONAL USE PERMIT REQUEST TO ESTABLISH A BANK OF MARIN BRANCH OFFICE IN THE NEIGHBORHOOD COMMERCIAL (NC) ZONE; FILE #11204; The Cove Shopping Center, Inc., Owner; Bank of Marin, Applicant; Assessor Parcel No. 034-212-18 Associate Planner Tyler stated that the applicant is requesting to establish a local branch of Bank of Marin within a commercially zoned property located at the Cove Shopping Center. The proposed use would occupy a small portion of the recently-vacated Blockbuster Video tenant space, adjacent to Foodniks. A conditional use permit is required due to the change in use from a retail video store to a bank. The applicant is proposing to occupy 1,438 square feet of the existing 3,500 square foot vacant former Blockbuster Video tenant space, located on the southwest corner of the Cove Shopping Center. The remaining portion of the previous video rental store is currently being converted to a Peet's Coffee & Tea shop which the Commission approved in December 2011. Exterior improvements to the building would include the installation of a new front entry door and adjacent window, an ATM and deposit box adjacent to the front entry, and lighting for the ATM and deposit box. Existing newspaper racks would be relocated approximately seven feet to the left of their current location, in order to accommodate the installation of the ATM and deposit box. TIBURON PLANNING COMMISSION MINUTES -JUNE 13, 2012 MINUTES NO. 1022 PAGE 4 Commissioner Weller asked at what point signage would be discussed and approved. Associate Planner Tyler replied that the applicant would have to apply separately for design review of signage as well as for exterior improvements. Chairman Corcoran asked for the status of the anchor store location in the shopping center. Planning Manager Watrous said that the Town has received an application from Fresh and Easy Market for the grocery store location. Dan McDonnell, architect, described the project as a small branch of about 1,400 square feet and said that he was available to answer questions. Commissioner Weller said that the plans showed a secure room and a viewing room. Mr. McMullen said that these areas would be for the safe deposit boxes and allow one to privately view the contents of one's safe deposit box. There were no public comments. Commissioner Welner said that he was happy to see additional businesses following Peet's in the Cove Shopping Center, and felt that a bank as very useful to draw people into the shopping center. Commissioner Kunzweiler said that the bank would be a great enhancement and great local business to the shopping center. Commissioner Weller echoed the sentiments of the other Commissioners and looked forward to restoring the vibrancy of the shopping center. Chairman Corcoran said often larger banks lessen pedestrian traffic in an area, but in this location this bank would fits this resident-serving center and would provide the convenience of a local bank. ACTION: It was M/S (Kunzweiler/Welner) to adopt the draft resolution conditionally approving the establishment of the Bank of Marin branch in the neighborhood commercial zone. Motion carried: 4-0 5. 1600 MAR WEST STREET: FILE #10406; PERIODIC REVIEW OF AN EXISTING CONDITIONAL USE PERMIT GRANTED IN 2005 FOR THE EXPANSION OF A PRIVATE RECREATIONAL FACILITY (TIBURON PENINSULA CLUB); Parcel Nos. 058-171-179 76 & 84, and 058-240-21 Planning Manager Watrous said the conditional use permit for the TPC for their expansion project was approved in 2005 and this began a process for periodic reviews. At the 2010 review it was determined the TPC was in compliance with the CUP and specified another review to occur in two years. He noted that there were two complaints received by the Police Department about unamplified noise and amplified music since the last CUP review. He said that the issue with jump houses was reviewed by the Planning Commission which determined that a CUP was not needed for jump houses, as modified by TPC. He said that since that time staff has observed the jump houses and they were in compliance with the proposal and the noise was barely audible once one was any distance away from the site. He said that the cement-lined ditch appeared to be in good shape, but a fair number of tennis balls drift into that ditch and staff has encouraged the TPC to continue efforts to clean them up. He said that TPC is making efforts to minimize parking and noise concerns in the community. David Holscher, member of the TPC Board of Governors, said that on June 8, 2012 they received a letter regarding noise from a bullhorn. He explained that this was for a group of children going to Sweden to TIBURON PLANNING COMMISSION MINUTES -JUNE 13, 2012 MINUTES NO. 1022 PAGE 5 play soccer and the leader had brought his own bull horn. He apologized for the noise. He stated that TPC is planning to work with the San Francisco Yacht Club and help them with two regattas by storing two shipping containers and 24 trailers on their back lot for short periods this summer. Commissioner Weller asked what the practical implications would be for the storage of the items to the people who live on Mar West Street. Mr. Holscher said that there would be no impact, but that TPC would lose 10 parking spaces on their back lot at a time during the year when they are not busy. Chairman Corcoran opened the public hearing. Maureen Nicole, representing the Tiburon Vista Townhouses Association, said that TPC had stored trailers for years and it has not been a problem. She said that there are 52 homeowners in the association and -she was present to express their concerns. She said that there was a rumor that the TPC would like more lighting in the evenings on the tennis courts, and stressed that evening lighting would not be tolerable. She said that she looks down on the courts and they are barely used. She stated that there was a problem last weekend with amplified noise and many people complained to the manager. She questioned whether TPC needed a permit to have outside amplification. Mr. Holscher said that he had discussed the trailers with Planning Manager Watrous and this was the beginning of the process. He said that the noise issue this weekend was the one he referred to earlier regarding the soccer coach and he again apologized. Chairman Corcoran closed the public hearing. Planning Manager Watrous said that the issue of trailers is not explicitly covered in the CUP. He stated that for a short term use, the zoning ordinance has a temporary use permit process that can be approved by staff, and he thought that this would be eligible for that level of review. He said that if it were to become a long term issue with the parking of trailers, then that would require an amendment to the CUP. Commissioner Kunzweiler said the process is to have it reviewed if there is a substantial change in use. Planning Manager Watrous suggested using the forum tonight to gather general feedback on that process. Chairman Corcoran agreed with Commissioner Kunzweiler that staff could make the determination as to whether something rises to the level that Commission review is needed, and he is comfortable with that process. Commissioner Kunzweiler said in the past there was discussion of the fence on the uphill boundary of the TPC, and he asked where that stands. Planning Manager Watrous said nothing has been done since the last discussion. The Open Space District has not expressed a desire to fence the area at this point, and staff therefore does not see any difficulty leaving the area unfenced. There have not been any problems with TPC activity spilling over into the Open Space District. Commissioner Welner found TPC to be in substantial compliance with their CUP requirements. Commissioner Kunzweiler said that because of the noise sensitivity issue he thought that the two year review should be kept in place. Commissioner Weller said that the two year review would take them to the America's Cup and that would be an appropriate time to review the permit again. Chairman Corcoran agreed and said that those who live uphill from TPC have major concerns regarding noise. He also said that TPC had been very good about reaching out to neighbors and he appreciated that. ACTION: It was M/S (Weller/Welner) that the TPC has been operating in substantial compliance with the CUP and that the permit should remain unmodified and be reviewed in two years. Motion carried: 4-0. TIBURON PLANNING COMMISSION MINUTES- JUNE 13, 2012 MINUTES NO. 1022 PAGE 6 6. CONSIDER RECOMMENDATION TO THE TOWN COUNCIL REGARDING VARIOUS PROPOSED CLEAN-UP TEXT AMENDMENTS TO TITLE IV, CHAPTER 16 (ZONING) OF THE TIBURON MUNICIPAL CODE, INCLUDING BUT NOT LIMITED TO TEXT AMENDMENTS REGARDING DEFINITIONS, TIDELANDS PERMITS, SITE PLAN & ARCHITECTUAL REVIEW, PARKING, AFFORDABLE HOUSING OVERLAY ZONES, TEMPORARY USE PERMITS, REASONABLE ACCOMMODATION PROVISIONS, NON-CONFORMING USES AND HOME OCCUPATIONS; FILE NO. MCA2012-02; Town-initiated amendments Planning Manager Watrous said that the zoning ordinance was fully updated in 2010 and since that time staff had identified items that were not working well or discrepancies in the ordinance. Staff provided a series of items for the Commission to review these amendments and recommend approval. Commissioner Welner asked staff if there are any particular items they would like to highlight. Director Anderson said that it would be advisable to place size limits on the high density housing units to limit larger units, as smaller units generate less traffic and fewer potential view impacts. Chairman Corcoran asked if there were any other particular issues of major significance. Planning Manager Watrous said that the changes were mostly minor and intended to make small adjustments to the ordinance. He said that the one new section was Article IX, which had been the green building section, which had been repealed, and would now be replaced with the reasonable accommodation policies that are required by State law. He said that this section was put together by the Town Attorney and includes accommodation for people with disabilities. Commissioner Weller asked for an explanation of the change in numbers in the affordable housing percentages. Director Anderson said that the prior housing element from 2005 required that 60% of the units be affordable units, and that proved to be an overreach and impossibility. He said that the State required the numbers be dropped to make affordable projects more feasible and act as an incentive rather than a deterrent to projects. Commissioner Kunzweiler asked about the "rebuilt substantially" phrase on page 9 section 2, and suggested it was problematic because the definition is not clear. Planning Manager Watrous pointed out that the definition was in section 1. Commissioner Weller suggested cross-referencing the items and including "as defined in section 1" in section 2 to refer to that definition. Chairman Corcoran asked about the suggestion to no longer use Robert's Rules of Order. Director Anderson said that Rosenberg 's Rules of Order covers every type of motion that a Planning Commission could encounter, and most cities have already adopted them. There were no public comments. ACTION: It was M/S (Weller/Kunzweiler) to adopt the draft resolution recommending approval of the text amendments to the Town Council with the addition of the language as described above under section 16-62.030, point 4, section c(2). Motion carried: 4-0. TIBURON PLANNING COMMISSION MINUTES -JUNE 13, 2012 MINUTES NO. 1022 PAGE 7 7. CONSIDER RECOMMENDATION TO THE TOWN COUNCIL REGARDING PROPOSED TEXT AMENDMENTS TO TITLE IV, CHAPTER 16 (ZONING) AND TITLE IV, CHAPTER 20 (ANIMALS) OF THE TIBURON MUNICIPAL CODE REGARDING THE KEEPING OF CHICKENS AND HONEY BEES; FILE NO. MCA2012-02; Town-initiated amendments Associate Planner Tyler said at the April 11, 2012 Planning Commission meeting, the Commission received and provided comments on conceptual draft regulations for urban chicken and bee-keeping. The Commission recommended modifications to the proposed standards for bee-keeping and directed staff to draft zoning ordinance text amendments for consideration and recommendation to the Town Council. Per the Commission's direction, staff drafted text amendments to Chapter 16 (Zoning), Article IV, which would reflect a new section (16-40.070), titled "Chicken and Honeybee Keeping." At the last Planning Commission meeting, the Commissioners were in agreement that chicken-keeping could be processed under a ministerial permit approach, but there was a range of opinion with respect to allowing the keeping of honey bees through a ministerial permit process. The Commission voted 3-1 to include honey bees along with chickens as a ministerial permit process. As directed by the Commission, staff prepared a draft resolution recommending a ministerial process and specific performance standards for both chicken and honeybee-keeping. In an abundance of caution, staff also prepared an alternative draft resolution which eliminates any reference to honeybee-keeping, and only includes chicken-keeping as a ministerial permit process. Honeybee-keeping would remain as a conditionally permitted use and no performance standards would be formally adopted for bee-keeping. In addition, staff has drafted minor amendments to Chapter 20 (Animals) of the Municipal Code, which clarify aspects of chicken-keeping for consistency with the proposed new regulations, in addition to other miscellaneous text amendments. Commissioner Welner said that he could not get past the idea that if one is particularly frightened of bees and did not want them next door that they would have no basis to object to the neighbors doing it. He thought that bees are different from chickens, that they could be a problem, and supported the chicken- only resolution. He said that he did not like requiring full-blown CUP for bee-keeping, but he also thought that allowing people to automatically keep bees was not a good idea either. Commissioner Welner asked and received clarification from Director Anderson about some of the nuisance provisions in the proposed ordinance. Commissioner Welner suggested adding "in accordance with Chapter 31 of the municipal code" to Section 16-40.070 (H[4]). He also suggested changing the phrase in Section 16-40.070 (L) that states "...and shall be deemed and is declared to be a public nuisance" to "...mav be deemed and is declared to be a public nuisance." Chairman Corcoran asked if section H4 addressed any of Commissioner Welner's concerns about beekeeping. Commissioner Welner said that it did not because individuals might feel differently about bees than the Planning Commission and they should be able to have some say in whether people next door to them are raising bees. Commissioner Weller respectfully disagreed with Commissioner Welner and thought that the proposed standards provide adequate protection. He pointed out that no concerns had been raised by the public at this meeting. He said that the standards, especially number 5, provide the basis for enforcement. He did not know what could be done about the fear issue but pointed out that there are many things a neighbor can do that one might be afraid of. He said that the ministerial process would lower fees and make the process easier. He believed that making the approval of both beekeeping and chickens easier was the appropriate approach, and he supported the dual resolution. TIBURON PLANNING COMMISSION MINUTES -JUNE 13, 2012 MINUTES NO. 1022 PAGE 8 Commissioner Kunzweiler agreed with Commissioner Weller's comments. He stated that the night this issue was last discussed he saw a program about beekeeping in Manhattan on PBS that made him believe that if people can raise bees in Manhattan then it can be done here. He said that this is a subject that is obviously not heated since there were no members of the public present at the meeting tonight. He thought that the bar would be set at a reasonable level with the draft ordinance. He thought that 12 chickens were too many to be allowed on larger properties and suggested lowering that number. He commented on the item requiring enclosure of chickens and wondered whether a secure enclosure would be the same as the coop, backyard, fenced property, unfenced areas, etc. Commissioner Kunzweiler asked how many eggs 12 chickens produce. Associate Planner Tyler said that it depends on the breed of chicken, and the proposal to allow 12 chickens on lots greater than an acre was in line with the regulations in other communities. Planning Manager Watrous said they could delete item C if they want to limit the number of chickens to a maximum of 8 chickens on all properties. The consensus of the Commission was that the maximum number of chickens should be 8. Commissioner Weller asked for the source of the maximum number of beehives. Associate Planner Tyler said that it was a similar number to what is allowed in other communities. Chairman Corcoran believed that there should not be a regulation for the bees because not regulating bees would be consistent with what almost every other town in Marin has done, but he thought that the proposed process would definitely be an improvement. There were no public comments. ACTION: It was M/S (Kunzweiler/Weller) to adopt draft resolution "A" recommending approval of the text amendments to the Town Council to establish a ministerial permit process and standards for the regulation of chickens and honeybees, with the following amendments: Change Section 16-40.070 Section H to include a reference to public nuisance, change Section L language to "may be deemed and may be declared", and change the draft chicken keeping standards to eliminate item 3c. Motion carried: 3-1 (Weiner opposed). MINUTES: 8. PLANNING COMMISSION MINUTES - Regular Meeting of May 9, 2012 ACTION: It was M/S (Weller/Kunzweiler) to approve the minutes of the May 9, 2012 meeting as submitted. Motion carried: 4-0. ADJOURNMENT: The Planning Commission adjourned the meeting at 9:05 p.m. ERIN TOLLINI, CHAIR TIBURON PLANNING COMMISSION ATTEST: SCOTT ANDERSON, SECRETARY TIBURON PLANNING COMMISSION MINUTES -JUNE 13, 2012 MINUTES NO. 1022 PAGE 9 Es r TOWN OF TIBURON Action Minutes - Regular Meeting Tiburon Town Hall Tiburon Planning Commission 1505 Tiburon Boulevard July 11, 2012 - 7:30 PM Tiburon, CA 94920 ACTION MINUTES TIBURON PLANNING COMMISSION CALL TO ORDER AND ROLL CALL At 7:30 PM Chairman Corcoran, Vice Chair Tollini, Commissioner Kunzweiler, Commissioner Weller, Commissioner Welner All Commissioners Present ELECTION OF CHAIR AND VICE-CHAIR Tollini Elected Chair; Weller Elected Vice Chair 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 PUBLIC HEARINGS 1. 1599 TIBURON BOULEVARD: 90-DAY REVIEW OF CONDITIONAL USE PERMIT GRANTED TO OPERATE A DRUG STORE AND PHARMACY (CVS/PHARMACY FILE #11005; Zelinsky Properties, LLC, Owner; CVS/Pharmacy & Armstrong Development Properties, Inc., Applicants; Assessor's Parcel Nos. 058-171- 89 and a portion of 058-171-88 [SA] Found in Substantial Compliance 5-0 2. 700 TIBURON BOULEVARD (BELVEDERE TENNIS CLUB); REQUEST FOR RENEWAL OF A CONDITIONAL USE PERMIT TO OPERATE AN EXISTING WIRELESS COMMUNICATIONS FACILITY; FILE #10001; Belvedere Tennis Club, Owner; Nextel Communications, Inc., Applicant; Assessor's Parcel No. 055-201-36 [SA] Approved Renewal 5-0 Tiburon Planning Commission Action Minutes July 11, 2012 Page 1 MINUTES 3. PLANNING COMMISSION MINUTES - Regular Meeting of June 13, 2012 Adopted as Amended 4-0-1 ADJOURNMENT At 8:05 PM Tiburon Planning Commission Agenda July 11, 2012 Page 2 7. NOTICE OF MEETING ClIczs1' CANCELLATION THE PARKS, OPEN SPACE AND TRAILS COMMISSION MEETING SCHEDULED FOR TUESDAY, JULY 17, 2012 HAS BEEN CANCELLED. THE NEXT MEETING OF THE PARKS, OPEN SPACE AND TRAILS COMMISSION WILL BE THE REGULARLY SCHEDULED MEETING ON TUESDAY, SEPTEMBER 18, 2012 NICHOLAS NGUYEN, SECRETARY 2 J* TOWN OF TIBURON Regular Meeting Tiburon Town Hall Design Review Board f ~July 19, 2012 1505 Tiburon Boulevard AMP 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) OLD BUSINESS 40 DELMAR DRIVE: File No. 712029; Ashley Anderson and Jennifer Wang, Owners; Site Plan and Architectural Review for construction of additions to an existing single- family dwelling. The applicants propose to construct a second story addition and attached to an existing single-story house. The floor area of the proposed house would be increased by 1,412 square feet, resulting in a total floor area of 4,399 square feet, with an additional 600 square feet of garage space. Assessor's Parcel No. 055-211-29. CONTINUED TO 8/2/12 PUBLIC HEARINGS AND NEW BUSINESS 2. 650 TIBURON BOULEVARD: File No. 712063; Lisa and Frederick Winston, Owners; Site Plan and Architectural Review for construction of a new single-family dwelling, with a secondary dwelling unit. The applicants propose to demolish and existing single- family dwelling and secondary dwelling unit and construct a two-story residence with an attached secondary dwelling unit on the lower level. The floor area of the proposed house would be 4,795 square feet, with a lot coverage of 12.9%. A swimming pool and spa would also be constructed. Assessor's Parcel No. 055-171-13. [DW] Design Review Board July 19, 2012 Page 1 3. 83 CLAIRE WAY: File No. 21213; Samsak and Nardrdee Kamloonwasaraj, Owners; Site Plan and Architectural Review for construction of additions to an existing single- family dwelling, with Variances for reduced front and excess lot coverage. The applicants propose to construct additions to the front and rear of an existing single-story house. The floor area of the proposed house would be increased by 890 square feet, resulting in a total floor area of 2,185 square feet. The additions would extend to within 16 feet of the front property line, which is less than the 20 front yard setback required in the R-1-BA zone. The project would cover 32.3% of the lot, which is greater than the 30.0% maximum lot coverage permitted in the R-1-BA zone. Assessor's Parcel No. 034-114-15. [LT] CONTINUED TO 8/2/12 4. 488 WASHINGTON COURT: File No. 21215; Clinton and Tina Yee, Owners; Site Plan and Architectural Review for construction of additions to an existing single-family dwelling, with a Variance for reduced side yard setback. The applicants propose to construct an addition to the front of the house and a second story addition to an existing single-story house. The floor area of the proposed house would be increased by 1,731 square feet, resulting in a total floor area of 2,752 square feet. The additions would extend to within 6 feet, 10 inches of the side property line, which are less than the 8 foot side yard setbacks required in the R-1 zone. Assessor's Parcel No. 034-251-29.. [LT] 5. 87 RANCHO DRIVE: File No. 21211; Terence Andrews, Owner; Site Plan and Architectural Review to legalize as-built construction of additions to an existing detached accessory building and walls and fencing, with Variances for reduced side yard setback and excess wall and fence height. The applicant has constructed a 287 square foot addition to an existing detached accessory building and also constructed a series of retaining walls and fences in the front yard. The addition extends to within 6 feet, 6 inches of the side property line, which is less than the 8 foot side yard setback required in the R-1 zone. The walls and fences have a maximum height of 12 feet, which is greater than the 6 foot maximum wall and fence height. Assessor's Parcel No. 034-202-14. [LT] CONTINUED TO 8/2/12 MINT TTF N 6. Regular- Meeting of June 21, 2012 ADJOURNMENT Design Review Board July 19, 2012 Page 2