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HomeMy WebLinkAboutTC Agd Pkt 2012-07-25TOWN OIL T BURON Tiburon Town Hall 1505 Tiburon. Boulevard Tiburon., CA 94920 Special Meeting Tiburon Town Council July 25, 2012 PLEASE NOTE: TIME' AND LOCATION' *Meeting time - 7:00 p.m. "Location: Del Mar Middle School Gymnasium, 105 Avenida Miraflores Tiburon, CA 94920 SPECIAL MEETING AGENDA TIBURON TOWN COUNCIL CALL TO ORDER AND ROLL CALL Councilmember Collins, Councilmember Doyle, Councilmember Fredericks, Vice Mayor O'Donnell, Mayor Fraser ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. PUBLIC HEARING 1501 & 1505 Tiburon Boulevard: Belvedere-Tiburon Public Library Expansion Project - (Director of Community Development Anderson; Planning Manager Watrous) Review and Consider for Approval the Site Plan and Architectural Drawings for the Belvedere-Tiburon Public Library Expansion Project, a proposal to construct 16,000 square feet of additions; File #S2012-07; Belvedere-Tiburon Library Agency and Town of Tiburon, Owners/Applicants; Assessor's Parcel Nos. 058-171-92, 93, & 94 and a portion of 058-171-62; and Consider authorizing the Town Manager to negotiate and execute an amendment extending the 2007 Agreement to Convey Real Property between the Town of Tiburon and the Belvedere-Tiburon Library Agency involving approximately 16,000 square feet of land located behind the existing Library building; Assessor Parcel No. 058-171-62 (portion) TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digest -July 20, 2012 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, wvcTw.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting July 25, 2012 Agenda Item: P14,1 Subject: 1501 & 1505 Tiburon Boulevard: Review and Consider for Approval the Site Plan and Architectural Drawings for the Belvedere-Tiburon Public Library Expansion Project; File #S2012-07; Belvedere-Tiburon Library Agency and Town of Tiburon, Owner/Applicants; Assessor's Parcel Nos. 058-171-929 939 & 94 and a portion of 058-171-62; consider authorizing Town Manager to negotiate and execute an amendment extending an Agreement with the Library Agency to convey approximately 16,000 square feet of land (portion of Assessor Parcel 058-171-62) Reviewed By: _ PROJECT DATA Address: 1501 and 1505 Tiburon Boulevard Assessor's Parcel Numbers: 05 8-171-92, 93, & 94 and a portion of 05 8-171-62 File Number: S2012-07 Project Area: Approximately 2 acres General Plan: P/PQ (Public/Quasi-Public) Zoning: Exempt from Zoning Ordinance per Ordinance 537 N.S. Current Uses: Public Library, Tiburon Town Hall parking lot, Zelinsky Park Flood Zone: AE (subject to 100-year flood) and X (outside 500-year storm) Owners/Applicants: Belvedere-Tiburon Library Agency and Town of Tiburon BACKGROUND The Belvedere-Tiburon Library Agency proposes to expand its existing 10,500 square-foot Belvedere-Tiburon Public Library building. The expansion would increase the floor area of the building by 16,000 square feet to a total of 26,500 square feet. Environmental review was completed and initial legislative approvals for the project (general plan amendment, rezoning, master plan and precise plan amendment) were granted in November 2011. In February 2012, the Town Council adopted an ordinance establishing streamlined review and decision-making procedures for this project, similar to that used for other major public projects, and as called for the Tiburon general plan. This ordinance exempts the project from all provisions of the Tiburon Zoning Ordinance but requires the Town Council to review and, if appropriate, approve or conditionally approve the site plan and architectural drawings for the project following a public meeting. This review is to include the building additions, landscaping, parking and other ancillary improvements associated with the project. TOWN OF TIBURON PAGE 1 OF 20 2 1- In March 2012, the Town Council received a presentation of "interim" drawings that depicted a reduction in the total size of the proposed additions by approximately 1,000 square feet compared to the conceptual drawings approved in 2011. At the meeting, a majority of Town Council members indicated that it was timely to file the application for review of the site plan and architectural drawings, and on June 4, 2012, the Library Agency filed that application. PROJECT DESCRIPTION The proposed library expansion would consist of two components, an area of one-story addition and an area of two-story addition, for a total of 16,000 square feet of additional floor area. The second-story addition would be 6,000 square feet, while the first floor additions would total 10,000 square feet. The additions would extend out from the existing library into the area currently occupied by the parking lot between the Library and Tiburon Town Hall, and also toward Tiburon Boulevard in front of the existing library building. The highest roof ridge of the second story addition would be the same height as the existing library building (approximately 38.5 feet). Other portions of the addition, including the addition at the front, would have lower heights. The expansion of the library building would provide the following: • Increased Children's Services library and a Children's Program Room, including an indoor Story Time area and an outdoor Children's Court; • A Young Adult/Teen shelving, study and program area; • Quiet Study and Groups Study rooms; • New, enlarged Founders Room (meeting space); • Storage space; • Office space; • Computer resource center; • Increased use of automation technologies for patron self-service and library staff efficiency; • Increased book shelving capacity; • A bookstore and cafe (or coffee cart). The project would also include various ancillary improvements. An area along the Tiburon Boulevard frontage of the site, designated as Town Plaza, would be an open, informal space with pedestrian access connecting the Library and Town Hall. A curving, linear pathway and landscaped area, designated as the Zelinsky Promenade, would serve as a pedestrian connection between the Town Plaza and Zelinsky Park. The grassy portion of Zelinsky Park would be relocated and configured as an oval-shaped area in the current location of the parking spaces behind Town Hall and in the direction of Railroad Marsh. An outdoor gathering space for children's programming (Children's Court) would be located at the northeast edge of the library addition. New trees and landscaping are proposed around the area of the library addition and Town Hall. Several small trees along Tiburon Boulevard in the proposed Town Plaza area are proposed to be removed, but the two large London plane trees are proposed to remain. The existing mature tree and narrative plaque in the existing Zelinsky Park describing the importance of the Zelinsky family to the area would be maintained. The riparian vegetation fronting nearby Railroad Marsh would be enhanced and invasive species removed. The drawings show a proposed 4 foot, 6 inch TOWN OF TIBURON PAGE 2 OF 20 tall wood and wire habitat control fence to the north of Zelinsky Park and the new parking lot. This fence would be reduced in height to 3 feet to comply with a mitigation measure adopted as part of the certified environmental impact report for the project. The current parking lot that serves the Library and Town Hall would be eliminated and replaced with a new 52-car parking lot that would be accessed from Mar West Street. Four (4) spaces in the lot would be ADA compliant. The lot would serve both the Library and Town Hall for visitor parking. Approximately fifty-four (54) existing on-site parking spaces would be eliminated by the project, but new on-street parking spaces would be created as part of the project. The tree planting plan in the parking lot would include shade trees at parking islands and perimeter trees that would provide screening of cars from Zelinsky Park, while preserving views of the ridge behind. Pursuant to adopted conditions of approval and mitigation measures, additional parking spaces to serve the Library and Town Hall uses would need to be created and/or secured prior to issuance of a building permit for the expansion. The Library Agency indicates that the hours of operation for the use are not expected to change from the existing hours: 10:00 a.m. to 6:00 p.m. on Monday, 10:00 a.m. to 9:00 p.m. on Tuesday, Wednesday, and Thursday; 10:00 a.m. to 5:00 p.m. on Friday and Saturday; and 12:00 p.m. to 5:00 p.m. on Sunday. Some evening activities such as lectures, movie screenings, and similar civic activities would occur in the new addition and could occur up until 9:30 p.m. Full-time employees may increase from 12 to 14 upon implementation of the project. The colors and materials of the library addition would generally match those of the existing library. A grey colored synthetic slate roofing material is proposed for the addition. The roof of the existing library would be replaced with roofing that would match that of the addition. ENVIRONMENTAL STATUS The Town Council certified the EIR for this project on October 5, 2011. On November 2, 2011, the Town Council approved the legislative applications for a Library expansion in the proposed location; imposed conditions and mitigation measures on the project; rejected all of the other project alternatives and locations analyzed in the EIR; and made findings of overriding consideration regarding the remaining significant and unavoidable environmental effects of the project. The site plan and architectural drawings currently before the Town Council are consistent with these earlier findings and decisions regarding environmental impact. Therefore, no additional environmental review is required at this time. ANALYSIS General Plan Consistency The environmental impact report (EIR) for the project analyzed consistency with applicable General Plan goals and policies. On November 2, 2011, the Town Council approved the application for general plan amendment for the project. The General Plan Amendment approval (Resolution No. 55-2011, attached as Exhibit 2), contained numerous conditions of approval and incorporated mitigation measures derived from the EIR, pursuant to the California Environmental Quality Act (CEQA). In making these approvals, the Town Council found that the project, as TOWN OF TIBURON PAGE 3 OF 20 conditioned and mitigated, was consistent with the goals and policies of the Tiburon General Plan. As the site plan and architectural drawings are substantially consistent with the approved 2011 conceptual drawings (other than a redesign of the addition intended to reduce square footage and view blockage), CEQA does not require any additional analysis of general plan consistency beyond that set forth in Condition No. 1 of Resolution 55-2011, which states in part as follows: The building design and architecture shown on said drawings shall be revised to reduce the excessive mass, bulk and scale as viewed from Tiburon Boulevard. These revisions will likely require square footage reductions prior to approval of detailed site plan and architectural drawings by the Town Council. The Town Council intends that these design and architectural revisions will reduce the significant view blockage impact of the Tiburon Ridge from Tiburon Boulevard. A primary determination to be made during Town Council review of this application is whether this condition of approval has been adequately satisfied. Zoning Ordinance Ordinance 537 N. S. (Exhibit 3) establishes the Town Council's review procedures for this project and exempts the project from all provisions of the Tiburon Zoning Ordinance. This ordinance states that the Council "shall utilize those guiding principles, design review guidelines, purposes and special considerations that the Planning Commission and Design Review Board would have normally applied to applications for a conditional use permit and site plan and architectural review absent the adoption of this streamlined processing procedure." Absent Ordinance 537 N. S., the Planning Commission would have applied the items contained in Section 16-52.040 B. (Purposes) and the factors contained in Section 16-52.040 D. (Special Considerations for Conditional Use Permits) in its review of the use. Similarly, the Design Review Board would have applied the principles contained in Section 16-52.020 H. (Guiding Principles in the Review of Site Plan & Architectural Review Applications), and the Hillside Design Guidelines and Downtown Design Handbook in its review of the drawings. Economic and/or financial matters are not among the items listed. A summary of the project's relationship to these items is as follows: Section 16-52.040 B. (Purposes) The uses listed as conditional uses are declared to be uses possessing characteristics of such unique and special qualities as to require special review to determine whether or not any such use should be permitted in a specific location that may be proposed. The purposes of the review are to: 1. Determine whether the location proposed for the conditional use is properly related to the development of the neighborhood or vicinity as a whole; The expansion of the existing library use would be constructed in the form of additions to the existing public library building. The location of the public library TOWN OF TIBURON PAGE 4 OF 20 use in Downtown Tiburon is considered appropriate and the expansion of the use in the form of a physical addition to the existing building was found to be preferable to an off-site location for the provision of additional public library facilities. 2. Determine whether the location proposed for the particular conditional use would be reasonably compatible with the types of uses normally permitted in the surrounding area; The public library use is an existing use that would be physically expanded. The existing use is compatible with the types of uses (public, residential, commercial, park and open space) permitted in the surrounding Downtown Tiburon area. The location of the use adjacent to Tiburon Town Hall is also appropriate. 3. Evaluate whether or not adequate facilities and services required for such use exist or can be provided; The public library use is an existing use that would be physically expanded. The environmental impact report for the project analyzed whether adequate facilities and services for the expansion of the library use could be provided, and concluded that they could be provided. Mitigation measures and conditions of approval were adopted to ensure that such facilities and services are available prior to commencement of the expanded use. 4. Stipulate such conditions and requirements as would reasonably assure that the basic purposes of this Zoning Ordinance and the objectives of the General Plan would be served; and The Town Council has previously found the project consistent with the goals and objectives of the General Plan. The basic purposes of the Zoning Ordinance are to promote and protect the health, safety and welfare of the community. In adopting the findings of overriding considerations, the Town Council found that the benefits of the project outweighed any remaining adverse impacts. Reasonable conditions were imposed on the general plan amendment approval, and additional reasonable conditions are proposed for any site plan and architectural drawing approval that would be made by the Town Council. 5. Determine whether the Town is adequately served by similar uses presently existing or recently approved by the Town. The use is the only public library on the Tiburon peninsula. No other library uses have been approved in the community in recent years. The necessity of expanding the existing library building appears to be largely a settled matter. The outstanding matter to be resolved is the appropriate size and scale of any physical expansion. TOWN OF TIBURON PAGE 5 OF 20 Section 16-52.040 D. (Special Considerations for Conditional Use Permits) Factors to be considered in determining whether or not any conditional use should be permitted in a specific location are: The relationship of the location proposed to: The service or market area of the use or facility proposed, The Library currently provides primary public library service to the Tiburon peninsula (Tiburon, Belvedere and adjacent unincorporated Marin County areas), and the Strawberry peninsula. The subject location is well situated to provide expanded library facilities because of its location in Downtown Tiburon and as an addition to the community's only existing public library building. Convenient access to the site is provided by Tiburon Boulevard, Mar West Street and the nearby Multi-Use Path. Transportation, utilities, and other facilities required to serve it, and The project EIR thoroughly analyzed transportation and utility service issues. The site is situated at the intersection of Tiburon Boulevard and Mar West Street. All utilities needed to serve the project would be easily connected from existing utility lines in the vicinity. The Council analyzed and addressed these factors, imposing necessary mitigation measures and conditions, during the legislative approval phase of project review. Other uses of land in the vicinity; The Library site is surrounded by a mix of other land uses, including Tiburon Town Hall, a private office complex, single-family residential homes across Tiburon Boulevard, multi-family residential homes above Mar West Street, residential condominium units in the Point Tiburon Marsh development, a public park (Zelinsky Park) and open space (Railroad Marsh). Expansion of the library use would not alter the existing mix of land uses in the vicinity. The compatibility of the design, location, size, and operating characteristics with the existing and future land uses in the vicinity. During the review of the Library expansion project in 2011, the Town Council reviewed the conceptual project design drawings and expressed concerns about the extent of view blockage of the Tiburon Ridge from Tiburon Boulevard. The Town Council also expressed concern about the visual mass of the project from Tiburon Boulevard. Town Council Resolution No. 55-2011 approved the general plan amendment for the project and referenced the Refined Alternative D design. As noted above, Condition No. 1 of that resolution states, in part, that: The building design and architecture shown on said drawings shall be revised to reduce the excessive mass, bulk and scale as viewed from Tiburon Boulevard. These revisions will likely require square footage reductions prior to approval of TOWN OF TIBURON PAGE 6 OF 20 r, 1, lo detailed site plan and architectural drawings by the Town Council. The Town Council intends that these design and architectural revisions will reduce the significant view blockage impact of the Tiburon Ridge from Tiburon Boulevard. The project description submitted by the Library Agency for this application includes the following changes that have been made to the project design since the adoption of Resolution No. 55-2011: • The proposed addition has been reduced in size from 17,000 square feet to 16,000 square feet. The first floor of the addition has been reduced in size from 10,100 square feet to 10,000 square feet, and the second floor has been reduced from 6,900 square feet to 6,000 square feet. • The proposed addition has been reoriented to increase the depth of the Town Plaza and "create a more harmonious alignment with Town Hall". • The number of roof gables has been reduced to simplify the building massing and reduce the visual mass of the east end of the building facing Town Hall. • The architecture of the front and rear entries to the Library have been modified. A portico has been added to the front entry to architecturally relate to the Town Hall clock tower. The project description notes that the two-story portion of the proposed addition would be 56 feet from Town Hall at its closest point and the one-story portion would be no closer than 48 feet from Town Hall. These setbacks are identical to those of the Refined Alternative D conceptual plans approved in November 2011. The eastern, two-story portion of the proposed addition has been shortened and pulled back approximately 24 additional feet from Tiburon Boulevard when compared to the Refined Alternative D plans, while the one-story western portion of the addition has been shifted approximately 8 feet closer to Tiburon Boulevard. The proposed terraces on the southern and eastern ends of the second story would pull the upper level exterior walls further away from Tiburon Boulevard and Town Hall. Revisions to the project since the 2011 conceptual approval would reduce the visual mass and bulk of the proposed addition from Tiburon Boulevard. When viewed from both Tiburon Boulevard and the existing and proposed locations of Zelinsky Park, the addition appears to be a large but logical architectural extension of the existing Library building. The architectural design of the proposed Library addition would be compatible with the design of the existing Library building, which is compatible with (although quite different than) the architectural design of the adjacent Town Hall building. The location of the proposed addition would eliminate the existing parking lot between the Library and Town Hall, but would result in a new connecting plaza that would be compatible with the civic center nature of these two complementary uses. The size of the proposed addition would result in a building substantially larger than surrounding buildings, including Town Hall and office buildings across Mar West Street. Concerns have been expressed that the TOWN OF TIBURON PAGE 7 OF 20 expanded Library building will dwarf Town Hall and appear out of proportion in scale in comparison to nearby buildings. The Town Council will need to determine if the size and scale of the proposed Library building would remain compatible with land uses in the vicinity. The project would not substantially change the existing operating characteristics of the Library. The Library's hours of operation are not proposed to change and only two full-time new employees are projected for the expanded facility. Slightly more outdoor opportunities for use would be created with the Children's Court. An ancillary bookstore and cafe or coffee cart are new amenities but are not anticipated to substantially alter existing operations. The probability of impairment to the architectural integrity and character of the zoning district in which it is to be located. The design of the proposed Library expansion would generally be architecturally consistent with the design of the existing Library building. Although the expansion would more than double the floor area of the existing structure, the increased size of the building would not substantially impair the architectural integrity and character found in the Public/Quasi-Public zoning district, which is generally developed with other multi-story public buildings such as Tiburon Town Hall, the Fire Station, and schools. The one-story portion of the proposed addition would extend closer to Tiburon Boulevard than the existing Library building, but would be consistent with the street curb setback from the Council Chambers portion of Town Hall building. The one-story portion of the Library addition would range from 22 to 29 feet from the street curb. The two-story portion of the Library addition would have a similar street setback to that of the two-story portion of Town Hall. The nearness of the buildings to the street curb would be consistent with the preferred design of buildings in Downtown Tiburon, according to the General Plan Downtown Element and the Downtown Design Handbook. The creation of a sizeable open-air public space (Town Plaza) would be consistent with the character of the Public/Quasi-Public zone. The protection of the public interest, health, safety, convenience, or welfare of the Town, or any probability of injury to property or improvements in the vicinity and zoning district in which the real property is located. The project would benefit the public interest and welfare of the Town by providing improved library facilities and services for the community. The Town Council has previously certified the EIR for the project, which analyzed health, safety, and potential injury to properties and improvements in the vicinity, and rejected all of the project alternatives examined in the EIR. The EIR identified four significant unavoidable environmental impacts that would be caused by the project: 1. The project would have a substantial adverse effect on a scenic vista. 2. The project would emit more criteria air pollutants than assumed in the current Clean Air Plan. TOWN OF TIBURON PAGE 8 OF 20 3. Project construction would cause substantial short-term ground vibration in the vicinity. 4. Project construction would cause substantial short-term noise in the vicinity. The Town Council adopted a statement of overriding considerations determining that the public benefits of approving the project outweighed these significant unavoidable environmental effects, as the Library expansion project would "provide numerous invaluable social, educational, and cultural opportunities and experiences to residents of the Tiburon Peninsula." However, the Town Council's approval was conditional on reducing excessive mass, bulk and scale as viewed from Tiburon Boulevard, and in reducing blockage of Tiburon Ridge views from Tiburon Boulevard. The current submittal appears to have made some progress on both these directives but the Council must decide whether the degree of progress satisfies the condition. The need of the community for additional numbers of such uses, paying particular heed to whether the neighborhood or vicinity is already adequately served by similar uses. The Belvedere-Tiburon Library is the only public library use in the community. Prior Town Council review of the library expansion project concluded that an addition to the facility is warranted. The appropriate size and scale of any addition is an ongoing item of debate, although the need for an appropriate level of expansion appears to be a largely settled matter. Section 16-52.020 H. (Guiding Principles in the Review of Applications) In reviewing applications for Site Plan and Architectural Review, the Review Authority shall consider the following principles as they may apply: Site plan adequacy. Proper relation of a project to its site, including that it promotes orderly development of the community, provides safe and reasonable access, and will not be detrimental to the public health, safety, and general welfare. The proposed Library addition would promote the orderly development of this Public/Quasi-Public-zoned property by expanding the community services that would be provided within the civic center complex established in this portion of Downtown Tiburon. The project layout conforms to the site planning principles set forth in the Downtown Element of the General Plan and the Downtown Design Handbook. The relocated parking lot would provide safe and reasonable vehicular access to the site, while the newly-created Town Plaza area would enhance the pedestrian accessibility to both the Library and Town Hall from Tiburon Boulevard. The certified EIR for the project determined that the Library expansion project would not be detrimental to the public health, safety or general welfare with the mitigation measures as imposed. Site layout in relation to adjoining sites. The location of proposed improvements on the site in relation to the location of improvements on adjoining sites, with particular attention to view considerations, privacy, location of noise-generating exterior mechanical equipment, adequacy TOWN OF TiBURON PAGE 9 OF 20 n, s E.~;. s of light and air, and topographic or other constraints on development imposed by particular site conditions. As noted above, Condition No. 1 of Town Council Resolution No. 55-2011 states that the revised project design "will reduce the significant view blockage impact of the Tiburon Ridge from Tiburon Boulevard." The two-story portion of the proposed addition has been pushed back from Tiburon Boulevard and its second floor walls that have been pulled inward to create terrace spaces. These modifications (see Exhibit 4) have expanded the visible opening between the Library and Town Hall buildings as viewed from certain angles along Tiburon Boulevard and appear to somewhat increase views of the Tiburon Ridge from Tiburon Boulevard. The policy decision before the Town Council is whether the modifications have satisfied the condition of approval that view blockage of the Tiburon Ridge has been reduced. If the project is built as proposed, Council has an additional option for enhancing the Tiburon Ridge view. As one passes the project on Tiburon Boulevard, the view is partially screened by the two existing platanus aces folia (London plane) trees in front of the Library. The proposed project would leave these 15-year old trees in place. The Council could require their removal, opening up additional views of the Tiburon Ridge from Tiburon Boulevard, especially during seasons when the trees are in leaf. However, the removal of these trees would expose more of the proposed Library addition to view from Tiburon Boulevard, which could be counter-productive with respect to the visible mass of the building as seen from Tiburon Boulevard, as the trees would partially screen the expanded building. The views from Tiburon Boulevard are also partially screened by the existing flagpole in the parking lot between the Library and Town Hall. The submitted plans indicate that the flagpole would be removed, but do not indicate a new flagpole location. Staff has included the relocation of the flagpole in the draft conditions of approval. The project appears to create few instances of view blockage from private residences. As was noted during the 2011 approval hearings, at least partial blockage of a view of Old St. Hilary's Church from a master bathroom window in the home at 36 Cove Road in Belvedere would likely result from construction of the project as proposed. Bathroom window views are not considered to be "primary living area" views according to the Town's Hillside Design Guidelines. Privacy issues have not been raised in relation to the proposed library expansion. Although the proposed addition would be visible from some nearby residences, there would be no windows or outdoor activity areas in close proximity to any homes in the vicinity, eliminating the potential for privacy impacts on residential uses. The project does not propose to install any exterior noise-generating equipment. Neighborhood character. The height, size, and/or bulk of the proposed project bear a reasonable relationship to the character of existing buildings in the vicinity. A good relationship of a building to its surroundings is important. For example, in neighborhoods consisting primarily of TOWN OF TIBURON PAGE 10 OF 20 one-story homes, second-story additions shall be discouraged, or permitted with increased setbacks or other design features to minimize the intrusion on the neighborhood. The height of the proposed Library expansion would match the height of the existing Library building. The two-story design of the expanded Library would be generally consistent with the two-story character of existing buildings in the vicinity, including the adjacent Town Hall and the office complex directly across Mar West Street from the site. The Town's standard height limit for buildings in Downtown with frontage along Tiburon Boulevard is "38 feet and no more than three stories." Much of the area around the Library building itself would be utilized for public parking, outdoor public space (Town Plaza and Zelinsky Promenade), and public parkland (Zelinsky Park). Railroad Marsh would remain as a large public open space. These surrounding open areas would help soften the contextual appearance of the large building in relation to its surroundings. Nevertheless, the Library's 26,500 square feet will constitute a much larger structure than any of its immediately surrounding buildings. Town Council Resolution No. 55-2011 provides direction to "reduce the excessive mass, bulk and scale [of the project] as viewed from Tiburon Boulevard." Project modifications made since the November 2011 approval have been positive steps toward meeting the direction provided. The determination as to whether the reduced building would "bear a reasonable relationship to the character of existing buildings in the vicinity" is a matter of policy to be decided by the Town Council. Floor area ratio. The relationship between the size and scale of improvements and the size of the property on which the improvements are proposed. The maximum floor area ratio for parcels located in the P (Public/Quasi-Public) zone is 1.0, which would allow up to 57,900 square feet of floor area on the currently planned Library holdings that would comprise 1.32 acres. The proposed 26,500 square foot library building (existing plus proposed addition) would equate to 46% of the maximum floor area allowed. By way of comparison, Tiburon Town Hall utilizes approximately 34% of its floor area maximum, while the Tiburon Fire Station utilizes approximately 66% of its maximum floor area allowance, although the latter building is not heavily visited by the public and has limited parking area. Grading and tree removal. The extent to which the site plan reasonably minimizes grading and/or removal of trees, significant vegetation, or other natural features of the site such as rock outcroppings or watercourses. A minimal amount of grading is needed for project construction on the relatively level site. Some minor grading would be required for the removal of the existing parking lot and the creation of the new parking lot, as well as site preparation work for the proposed Library addition. The following trees are proposed to be removed as part of the project: 1. 4 pear trees, 2 white alder trees and 1 Japanese flowering crabapple tree in the vicinity of the proposed Library addition; 2. 8 crape myrtle trees in Zelinsky Park (in the vicinity of the new parking lot); TOWN OF TIBURON PAGE 11 OF 20 3. 2 London plane trees and 1 pear tree in front of Town Hall; and 4. 3 pear trees directly behind Town Hall. The following replacement trees are proposed to be planted: 1. 4 vine maple trees and 1 California buckeye tree along the street frontages of the Library; 2. 6 coast live oak trees within the new parking lot; 3. 5 coast live oak trees and 3 western rosebud trees around the reconfigured Zelinsky Park; and 4. 2 western rosebud trees 1 coast live oak tree directly behind Town Hall. Staff recommends that three existing pear trees directly behind Town Hall not be removed and replaced with new trees, as the existing trees have matured into fine specimen trees in the 15 years since they were planted. No other significant vegetation would be removed as part of the project. Other trees proposed for removal should be re-used on the site where practicable. Compatibility of architectural style and exterior finish. The architectural style and exterior finish are harmonious with existing development in the vicinity and will not be in stark contrast with its surroundings. The architectural design and exterior finish of the proposed Library addition would be generally consistent and harmonious with the design of the existing Library and would not be in stark contrast to Town Hall or its surroundings. While the design and architecture of the Library and Town Hall are quite different, they have not generally been considered incompatible or inharmonious, and the Library addition would not alter that situation. Landscaping. Proposed landscaping, insofar as it is used appropriately to prevent erosion; to protect the privacy of adjoining sites; and to mitigate the visual and noise impacts of the proposed project. Applicants are encouraged to use native and drought-resistant landscaping. Proposed landscaping shall be used which will, at maturity, minimize primary view obstruction from other buildings. A cash deposit or other monetary security may be required to ensure the installation and/or maintenance for a one year period of any and all landscaping. Projects that are subject to provisions of Title IV, Chapter 13E (Water Efficient Landscape) of the Tiburon Municipal Code shall comply with the Marin Municipal Water District regulations regarding water-efficient landscaping adopted by reference therein. The proposed landscaping is not necessary to prevent erosion on this relatively level site. The trees proposed to be planted as part of this project are not intended to mitigate any noise or privacy concerns from the Library expansion. The new trees proposed to be planted in front of the Library building would soften its appearance when viewed from Tiburon Boulevard. New trees have been avoided in the corridor between the Library addition and Town Hall to avoid impacts on views toward the Tiburon Ridge from Tiburon Boulevard. Perimeter trees in the proposed parking area would help screen the visibility of cars from reconfigured Zelinsky Park. The proposed landscape palette would TOWN OF TIBURON PAGE 12 OF 20 utilize native and drought-resistant landscaping and would be required to comply with Water District regulations regarding water-efficiency. Lighting. Proposed lighting, insofar as it should not invade the privacy of other properties, or produce glare or light pollution; yet provide adequate illumination for safety and security purposes. All proposed exterior lighting shall be shielded downlighting. Low level shielded downlights and bollard lighting would be installed along pathways throughout the site. Lighting fixtures are proposed to be installed every four feet along the pathways leading from the new parking lot and Zelinsky Park toward the Zelinsky Promenade. Staff believes that the number of these lights as proposed would be excessive and should be reduced. The final lighting plan can be reviewed by Town staff prior to issuance of building permits for the project. Parking lot lighting would be provided by eight pole-mounted light fixtures around the perimeter of the lot. The light fixtures would be similar in design to those currently in place around the Town Hall and Library parking lot. These fixtures are designed to provide adequate safety while minimizing any light and glare for nearby residents. Overall property improvement. In order to allow the gradual upgrading of existing improvements, upgrades may be required to be made to existing buildings and the site as a whole. The review of applications for additions or modifications to existing development may include conditions requiring changes and/or modifications to existing buildings and site improvements for the entire property to the extent that there is a reasonable relationship between the requested project and the changes and/or modifications required. The proposed project would involve minimal changes to most of the existing improvements on the site, with the exception of the new parking lot and the reconfiguration of Zelinsky Park. The roof on the existing Library building would be replaced with a roofing material that would match the proposed addition, and landscaping around the Library and Town Hall would be modified. There is no pertinent need to otherwise upgrade the improvements of the existing Library/Town Hall civic complex. Appropriate use of building envelope. In planned residential (RPD and RMP) zones, building envelopes are generally intended to provide a larger-than-needed area for flexibility in the appropriate siting of a main structure and its accessory structures. The building envelope should not generally be interpreted as an area intended to be filled by a main structure and its accessory structures. The subject property is not in a planned residential zone and therefore does not have a building envelope. This guiding principle does not apply to this project. Green building. For residential covered projects, as set forth in Section 16-90.020 (Covered Projects), the project design includes features that foster renewable energy and/or resource conservation, and the overall project appears to meet or exceed the applicable green building standard for compliance as set forth by resolution of the Town Council. TOWN OF TIBURON PAGE 13 OF 20 .:i.....:: ; Section 16-90.020 referenced above was repealed by the Town Council in 2011 in favor of application of the CALGreen Building Code. This guiding principle no longer applies. Conformance with zoning requirements. All modifications and site improvements shall conform with the setback, parking, and height requirements established for each zone by Article II (Zones and Allowable Land Uses), and with any special requirements including recycling (see Municipal Code Chapter 16C [Recyclables Collection Area]) and screening guidelines established for specific uses by this Zoning Ordinance. Ordinance No. 537 N. S. (the streamlining ordinance for the Library Expansion project) exempted the project from all provisions of the Tiburon Zoning Ordinance, including zone requirements such as setbacks, parking and loading standards, building height, and screening guidelines. An adequately-sized trash enclosure will be constructed at the north end of the proposed parking lot to provide an area for collection of trash and recyclables in compliance with the requirements of Tiburon Municipal Code Chapter 16C, which is not part of the Zoning Ordinance and remains applicable to the project. Hillside Design Guidelines In 1981, the Town adopted a set of guidelines to be used during the Design Review process titled Design Guidelines for Hillside Dwellings and General Design Guidelines for New Construction and Remodeling (commonly referred to as the "Hillside Design Guidelines"). Most of these guidelines pertain more appropriately to residential projects than nonresidential buildings. However, the following principles of the Hillside Design Guidelines should be used in evaluating the proposed Library addition: • Goal 1, Principle 3 of the Hillside Design Guidelines states that projects should "avoid large expanses of any material in a single plane. On downhill elevations, break up masses with horizontal and vertical elements." • r~~~~.. ~.,t~ d."~':x ~,~~~1~`t~:.S"'3~ Yw ✓1.~4';a<a~ ~ ,.f'`°~f F4i~':~ F''c[y~ri~P~^.r t~~:tiy~F...uu n... rr!h~6 ,~9~(.~l`"y, ~.;r.n• ~`°a • i~....~s'C S~~+J;~ •.t i~l'.J~.it^°°r we C..i''n..~a-k".. i tJV y 1 The surface planes of the proposed Library addition would be broken up by windows of varying sizes. The proposed terraces and trellises would be horizontal TOWN OF TIBURON PAGE 14 OF 20 and vertical elements that would break up the masses of the addition at several points around the building perimeter. Goal 1, Principle 8 of the Hillside Design Guidelines states that a project should "use changes of material to `soften' large elevations of [a] building and blend into [the] hillside." } 0'w ~J So . Wilt Y'J 't"s. ~1r iw } Ka-M, i'A, Hie. f~ . AQ(:sr ,A4 1bs" r OHS I.y•°~w~~ W 'f :.Z"'<V f yw ~J s ".a. ~yrwR ~ i Ji'a°~' 'Mn S ash YAd7 •eif . ~ MX'°le1-S.i ~i'~i3 ILL-6 l.. ~p/yr,-,W`~g, 47F- i~ 1`Y/iwMMY~ q{v' 41 f ^~La t- 011 The proposed addition would incorporate different materials to accent the exterior siding of the building, including a horizontal trim band between floor levels, trellises, and guardrails at the edges of terraces. Goal 1, Principle 10 of the Hillside Design Guidelines states that a project should "balance horizontal elements of the structure with vertical accent elements (stairs, chimneys, etc.). Avoid single form solutions to [a] building envelope." J70 tl-s ~g y L r TOWN OF TIBuRON PAGE 15 OF 20 The proposed addition would include trellises and terraces that would provide vertical accent elements to the building. The inclusion of one-story and two-story building elements would avoid a "single form solution" to the expansion. • Goal 3, Principle 7(A) of the Hillside Design Guidelines states that "View protection is more important for the primary living areas of a dwelling (e.g. living room, dining room, family room, great room, kitchen, and decks associated with these rooms) than for less actively used areas of a dwelling (e.g. bedroom, bathroom, study, office, den). ~v 5... t't. , ' ! B ✓k f~ °.t.3P~Ed.`~, ~ v`.• r F i, x- .3 r~ pfr~l.~,._ ~ ~ ~ p~, oti 4 €i'b (,!y €!s( ~K,i, t r~ X41+ Ise t F,a^ filial l ret C C% 1 f 1 I t iP $ s i . ~,r.g.....-- ' ~ t t P~.i" f L='°. ~~L'~k 54 L: LC fJ i f✓"r ~'r :"`l W . :.w^~ 4:..,i'v ~i~~ ~~y ~ H.'s~~ _ 'f T 1r As noted above, the partial view blockage of Old St. Hilary's Church for the home at 36 Cove Road in Belvedere would be from a master bathroom window. Downtown Tiburon Design Handbook The intent of the Downtown Tiburon Design Handbook is "to serve as a guide for retention, revitalization and new construction of buildings, storefronts and streetscapes in Downtown Tiburon." The Handbook includes a series of guidelines that provide recommendations for the placement and design of buildings and improvements in different portions of Downtown Tiburon. The Design Handbook includes the following guidelines for properties along Tiburon Boulevard: Buildings should observe a setback of 25 to 30 feet from the back of the curb, in order to create a coherent building massing along the street and to allow sufficient space for possible future 12 foot wide installation of new street trees, planter strip and sidewalks along Tiburon Boulevard. Front facades should be kept close to the sidewalk in order to encourage and support pedestrian activity. TOWN OF TIBURON PAGE 16 OF 20 The one-story portion of the proposed Library addition would have a setback ranging from 22 to 29 feet from the street curb, similar to that of the one-story Town Council Chambers. The front fagade of the addition would be close to the sidewalk in the Tiburon Boulevard right-of-way and the sidewalks and pedestrian- oriented Town Plaza on the Library and Town property. Items of street furniture for Tiburon Boulevard, such as street lights, benches, bus shelters, news racks and trash receptacles, need to conform to the palette established for all of Downtown Tiburon. The submitted plans include sample illustrations for proposed lights, benches, tables, chairs and bicycle racks for the Library that are consistent with the palette of street furniture established by the Site Furnishings Supplement for the Downtown Tiburon Design Handbook. Use of a minimal amount of low, trimmed planting that enhances the appearance of a property is welcomed, so long as it does not effectively discourage or prevent pedestrian enjoyment of ground-level uses or setback areas. The proposed landscape plan includes a mix of existing and new trees and low plantings around the Library and the proposed addition. None of the landscaping would discourage or prevent pedestrian enjoyment of the Town Plaza, Zelinsky Promenade and Zelinsky Park portions of the site. Above all, the design of setback areas should achieve a coherent integration of the character-defining features of a property's building facades, setbacks, pedestrian areas and on-site parking. A large portion of the setback area long Tiburon Boulevard would be utilized for the new Town Plaza, which is intended to be a pedestrian-oriented, character- defining element of the project that would replace some of the current driveway and parking lot. Large parking lots should be located behind buildings that shape the streetscape. Rear entrances should be clearly secondary to front entrances; they are intended for customer and tenant convenience, service personnel and deliveries. The proposed parking lot would be located behind the Library. The proposed Library addition includes a rear entrance that would provide proximity to the parking lot but would be visually secondary to the main entrance fronting on Town Plaza and facing Tiburon Boulevard. Encourage a mix of two- and three-story buildings for new development. The proposed two-story Library addition would match the height of the existing Library building. TOWN OF TIBURON PAGE 17 OF 20 Fagades should be planar, flat assemblies, with articulation of this approach in door and window details that show little or no recess at the wall plane. Use of terracing or vertical stepping is to be avoided. Projecting bay windows also are discouraged as a repeated design element, but could be used as individual elements in limited locations. The main roof should be flat or include a ridge element that is parallel to the street. Recommended roof shapes: low pitch gables, not hipped; bowstring truss or flat arched; flat with parapet. Asymmetrical building shapes usually reflect an approach to design that tends to be especially responsive to setting and local context. The design of the proposed Library addition would be generally consistent with these architectural guidelines. The addition would use planar, flat walls; doors and windows that are not recessed; no bay windows; a ridge element that is roughly parallel to Tiburon Boulevard; gabled roofs; and an asymmetrical building shape. The proposed addition would include an upper floor terrace on the east end of the proposed addition and the gabled roofs are steeply pitched to match the roof forms of the existing Library building. STORY POLES AND PRESENTATION MATERIALS The story pole plan (Exhibit 13) submitted by the applicant shows 26 story poles reflecting the outline of the proposed Library addition. The story poles are connected along key gdgelines by orange colored plastic mesh. Bright yellow tape on the ground depicts the outline of the building walls. The orange mesh fencing on the ground is for safety purposes and is not intended to reflect building elements. The perimeter of the proposed parking lot has been outlined in white chalk. As directed at the March 21, 2012 Town Council discussion, additional graphic materials have been prepared by the Library Agency to depict the current project design. The applicants have prepared digitized renderings of the building interior and exterior, and these will be presented at the meeting. AGENCY COMMENT Comment letters (Exhibits 9 and 10) on the application have been received from the Tiburon Fire Protection District and the Marin Municipal Water District. The Fire District comments will likely result in minor tweaks to the parking lot design and the new parking spaces created along Tiburon, but no substantive changes are envisioned at this time. PUBLIC COMMENT As of the date of this report, numerous comment letters and/or petitions have been received regarding the project. Due to the volume of correspondence, separate binders have been prepared for each Councilmember containing all correspondence received as of the date of this report. A copy the correspondence is available for public review at the Town Hall and Library. TOWN OF TIBURON PAGE 18 OF 20 RELATED ACTIONS In furtherance of a previously-approved Library expansion project, in July 2007 the Town of Tiburon and the Library Agency entered into an Agreement to Convey Real Property (Exhibit 14) that would transfer a portion of the Town-owned parcel behind the existing library building to the Library Agency in order to accommodate its planned expansion. This Agreement has a six (6) year term and is currently set to expire in July 2013. If the Town Council approves the Library's design application, staff recommends that the term of the Agreement be extended to correspond with the expiration date of the design approval. ADDITIONAL PERMIT ACTIONS REQUIRED Following any approval of site plan and architectural drawings, the Library Expansion project would need to secure encroachment permits from the Town and Caltrans, comply with all adopted project mitigation measures, and comply with all conditions of approval prior to issuance of a building permit for construction. STAFF RECOMMENDATION Staff recommends that following a verbal staff report and applicant presentation, the Town Council: 1. Hear any public comment on this item and close the public comment period. 2. Deliberate upon the project merits within the parameters established by Ordinance 537 N.S. 3. Provide direction with respect to additional project modifications (if any) deemed warranted by the Town Council. 4. If prepared to do so, adopt the draft resolution (Exhibit 1) approving the site plan and architectural drawings for the project subject to the conditions set forth therein. If not prepared to take action on the application, the Town Council should continue the item to a date specific for further deliberation. 5. If the Town Council approves the application, it should by separate motion authorize the Town Manager to negotiate and execute an extension of the Agreement to Convey Real Property to correspond with the five-year design approval term. EXHIBITS 1. Draft resolution of conditional approval 2. Town Council Resolution No. 55-2011 with conditions and mitigation measures 3. Town Ordinance No. 537 N. S. (streamlining ordinance for the project) 4. Comparison of Building Outlines between November 2011 approval and current design 5. Minutes of the March 21, 2012 Town Council meeting 6. Minutes of the November 2, 2011 Town Council meeting 7. Minutes of the October 19, 2011 Town Council meeting S. Minutes of the October 5, 2011 Town Council meeting TOWN OF TIBURON PAGE 19 OF 20 9. Letter from Tiburon Fire Protection District dated July 3, 2012 10. Letter from Marin Municipal Water District dated June 20, 2012 11. Application form and supplemental materials received June 4, 2012 12. Project Drawings: site plan, floor plans, roof plan, exterior elevations, landscape plans and detail drawings, and color palette (15 sheets, last revised June 25, 2012) (previously distributed to Town Council) 13. Story pole plan, dated-stamped "Received July 11, 2012, Tiburon Planning Division" (previously distributed to Town Council) 14. Agreement to Convey Real Property dated July 5, 2007. DISTRIBUTED SEPARATELY Binder Containing Correspondence Received on the Design Application Prepared By: Daniel M. Watrous, Planning Manager Scott Anderson, Director of Community Development \shared\Administration\Town CounciEstaff reports\2012\July 25 DraftsTibrary expansion zoning.report.doc TOWN OF TIBURON RAGE 20 OF 20 RESOLUTION NO. XX-2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING SITE PLAN AND ARCHITECTURAL DRAWINGS FOR THE BELVEDERE-TIBURON LIBRARY EXPANSION PROJECT ON PROPERTY AT 1501 AND 1505 TIBURON BOULEVARD ASSESSOR PARCEL NOS. 058-171-92,93, & 94 AND A PORTION OF 058-171-62 WHEREAS, the Belvedere-Tiburon Library Agency ("Library Agency") has proposed to expand its existing 10,500 square-foot Belvedere-Tiburon Public Library building, which would increase the floor area of the building by 16,000 square feet to a total of 26,500 square feet (the "Project"); and WHEREAS, on February 1, 2012 the Town Council adopted Ordinance No. 537 N.S. establishing review and decision-making procedures for this Project. The ordinance exempts the Project from provisions of the Zoning Ordinance but requires the Town Council to review the site plan and architectural drawings for the project at a public meeting prior to any approval; and WHEREAS, on July 25, 2012, the Town Council held a public meeting to review the site plan and architectural drawings for the Project; and WHEREAS, an environmental impact report was prepared for the Project and on October 5, 2011 was certified as having been completed in compliance with the California Environmental Quality Act and applicable local guidelines; and WHEREAS, after hearing all testimony and reviewing all documents on the record, the Town Council found that the Project, as conditioned, is consistent with the goals and objectives of the Tiburon General Plan and is in compliance with criteria of review and other provisions set forth in Ordinance No. 537 N. S. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the site plan and architectural drawings for the Project, subject to the following conditions: 1. All conditions of approval and mitigation measures contained in and/or adopted by Town Council Resolution 55-2011 are fully incorporated herein by reference, with the exception of Condition No. 1 of said Resolution, that condition having been determined by the Town Council to be satisfied in the design drawings approved herein. 2. Prior to issuance of a building permit, the Library Agency and Town of Tiburon shall enter into an agreement regarding reciprocal access and use rights in the parking lot; maintenance of shared facilities and grounds, and any other matters deemed necessary or appropriate by the Town Attorney. Town Council Resolution No. XX-2012 712512012 1 ` JT INTO. 3. The Project shall be in substantial conformance with the Site Plan, Floor Plans, Roof Plan, Exterior Elevations, Landscape Plans and Detail Drawings, and Color Palette (15 sheets, dated July 5, 2012), which constitute the approved site plan and architectural drawings for the Project. Said plans are on file and available for public review at Tiburon Town Hall during regular business hours. Any substantial modification to the plans, as determined in the reasonable discretion of the Director of Community Development, must receive Town Council approval. 4. Prior to any work on the site, the Library Agency must apply for and the Town Building Official must review and issue any building permits required by law pursuant to an approved development application. Project elements shown on building permit drawings submitted to the Building Division for plan check shall be essentially identical to those project elements shown on drawings approved by the Town Council, as amended by this Resolution. The Library Agency is responsible for clearly identifying on building permit drawings any and all changes to project elements. Such changes must be clearly highlighted (with a "bubble" or "cloud") on the drawings. A list describing in detail all such changes shall be submitted and attached to the building permit drawings, with a signature block to be signed by the Planning Division Staff member indicating whether these changes have been reviewed and are approved, or will require additional review prior to approval. Any such changes that have not been explicitly approved by the Town shall not be "deemed approved" if not highlighted and listed on building permit drawings. Construction of any such un-approved project elements is in violation of permit approvals and may be subject to Stop Work Orders and removal. 5. A copy of the Planning Division's "Notice of Action" including the attached "Conditions of Approval" for this project shall be copied onto a plan sheet at the beginning of the plan set(s) submitted for building permits. 6. With submittal of the building permit application, the Library Agency shall comply with the Town's Flood Damage Prevention Ordinance (Chapter 13D of the Municipal Code). Applicant shall submit to the Building Official for review and acceptance a Flood Elevation Certificate prepared consistent with current FEMA regulations demonstrating that the Library addition and the existing Library building lowest floor elevations are at or above 11 feet NAVD of 1988 and would comply with the Town's Flood Damage Ordinance provisions. Alternatively, the Library Agency may submit an approved Letter of Map Amendment (LOMA) from FEMA indicating that the project is not located in the 100-year flood hazard zone. 7. A construction sign shall be posted on the site during construction of the Project, in a location plainly visible to the public. The sign shall be 24" x 24" in size and shall be made of durable, weather-resistant materials intended to survive the life of the construction period. The sign shall Town Council Resolution No. XX 2012 712512012 2 contain the following information: job street address; work hours allowed per Chapter 13 of the Tiburon Municipal Code; builder (company name, city, state, ZIP code); construction manager (name and phone number); and emergency contact (name and phone number reachable at all times). The sign shall be posted at the commencement of work and shall remain posted until the contractor has vacated the site. 8. Prior to under-floor inspection, a certified survey of the structure foundation will be required. Required documents shall include: 1) graphic documentation accurately locating the building on a site plan; 2) specific distances from property lines and other reference points to the foundation as appropriate; and 3) elevations relative to mean sea level of the foundation walls and slabs. No additional progress inspections will be provided until the survey results have been verified. 9. Prior to the issuance of final building inspection sign-off or certificate of occupancy, all landscaping and irrigation shall be installed in accordance with approved plans. The installation of plantings and irrigation shall be verified by a Planning Division field inspection prior to final sign-off. 10. All exterior lighting fixtures must be downlight type fixtures. Reduced lighting along exterior walkways behind the Library shall be required. Final exterior lighting shall be subject to ministerial approval of the Planning Division prior to issuance of a building permit. 11. All skylights (if any) shall be bronzed or tinted in a non-reflective manner (minimum 25%) and no lights shall be placed in the wells. 12. The habitat fence between the project and Railroad Marsh shall be modified and shall loop back to the Marsh and effectively "close" as generally shown on annotated Sheet L LO, attached as Exhibit A hereto. At least two controlled entry gates shall be installed in this fence in locations subject to the approval and control of the Town for access and maintenance purposes. Proposed signage for the 3 foot high buffer fence between the project and Railroad Marsh shall be submitted with the building permit application and shall be shown on the drawings for review and approval. 13. The Library Agency shall pay the costs for all Town Hall sign relocation expenses as well as for any new Town Hall identification signs required as part of the parking lot relocation. 14. Proposed sidewalk access from the relocated Zelinsky Park to the adjacent Main Street Parking (MSP) Lot at 1525 Tiburon Boulevard must receive approval from MSP for any improvements onto its property. No such sidewalk access shall cause any parking spaces in the MSP parking lot to be eliminated. Town Council Resolution No. AX-2012 712512012 3 15. All signage (including relocated signage) associated with the project shall be subject to provisions of Chapter 16A of the Tiburon Municipal Code and shall receive Sign permit approvals from the Town as required. 16. The flagpole between Town Hall and the Library shall be relocated on the site to the satisfaction of the Town at the Library Agency sole expense. 17. A minimum of f6ur (4) parking spaces in the new parking lot shall be designated for Town vehicles to the satisfaction of the Town. 18. All requirements of the Town Engineer shall be met, including, but not limited to, the following, which shall be noted on building plan check plans: a. Prior to any work on the site, the Library Agency must apply for and the Town Engineer must review and approve an encroachment permit for any work associated with the project that is proposed on Town land or Town street right-of-way. b. The public right-of-way and Town-owned property shall be protected from damage during construction, or repairs shall be made to the satisfaction of the Tiburon Public Works Department. C. A roof shall be installed above the trash enclosure to prevent storm water and wind from penetrating dumpsters and possibly contaminating the dumpster contents and/or spilling onto the parking lot and street. An area drain shall be installed and connected to the sanitary sewer system. d. The eight Laegerstromia trees proposed to be removed from the Zelinsky Park area shall be replanted within the reconfigured Zelinsky Park where practicable. e. Consideration shall be given to reuse the existing bicycle racks around Town Hall instead of installing new racks. f. Site drainage plans shall be developed for review and approval by the Public Works Department prior to issuance of building permits for the project. 19. The Project shall comply with all applicable requirements of the Tiburon Fire Protection District, including but not limited to the following: a. An additional fire hydrant shall be installed on Tiburon Boulevard near the Pedestrian Plaza between Town Hall and the proposed expansion. b. The proposed parking lot is required to provide the required minimum fire apparatus access, with a minimum 20 feet in Town Council Resolution No. XX- 2012 712512012 4 unobstructed width throughout the "U" shaped driving portion of the lot. The curve at the rear of the parking lot shall have a minimum 20 foot inside radius. C. Properly illuminated pathways conforming to the requirements for exist egress shall be required from all exists to the public way. d. The structure shall have installed throughout an automatic fire sprinkler system. The system design, installation and final testing shall be approved by the District Fire Prevention Officer. e. The vegetation on this parcel shall comply with the requirements of the Tiburon Fire Protection District and the recommendations of Fire Safe Marin. 20. The Library Agency shall comply with all applicable requirements of the Marin Municipal Water District, including but not limited to those set forth in the letter dated June 20, 2012, attached as Exhibit B hereto. 21. The final landscape and irrigation plans for the project must comply with the current water efficient landscape requirements of MMWD and are subject to the following: a. The construction plans submitted to the Town for the issuance of a building permit/grading permit must be pre- approved by MMWD with the submitted plans stamped as approved by MMWD. b. The building permit application must be accompanied by a letter from MMWD approving the landscape and irrigation plans. C. If the MMWD-approved plans substantially differ from the Town-approved plans, these differences may require additional review through the Town's design review permit process and/or a revision to the Town's permit. d. The Library Agency is responsible for contacting MMWD for all inspections, approval and sign-off on landscape and irrigation installation. Upon approval, MMWD shall issue a Certificate of Completion, which must be submitted to the Planning Division before building permit final sign-off or a Certificate of Occupancy is issued by the Tiburon Community Development Department. 22. The Library Agency shall obtain a permit from Sanitary District No. 5 and pay all applicable fees prior to connection of the addition to the sewer main. After connection to the sewer main but prior to commencement of discharge and prior to covering of the pipe, the District shall be contacted Town Council Resolution No..AX-2012 712512012 5 and allowed to inspect the connection for conformance to standards. The project sponsor shall comply with all other applicable requirements of Sanitary District No. 5. 23. All reasonable requirements of the Sewerage Agency of Southern Marin with respect to its sanitary sewer easement across the subject property shall be met. 24. Prior to issuance of a building permit, the Library Agency shall provide a copy of all Caltrans encroachment permits necessary to complete the portions of the project located within Tiburon Boulevard right-of-way. 25. If this approval is challenged by a third party, the Library Agency will be responsible for defending against this challenge. By acceptance and exercise of this approval, the Library Agency agrees to defend, indemnify and hold the Town of Tiburon harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney's fees that might result from the third party challenge. 26. This approval shall be used within five (5) years of the approval date, and shall become null and void unless a building permit has been issued or an extension has been granted by the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2012, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Exhibits: Exhibit A: Drawing of Approved Realignment of Habitat Fence Exhibit B: Letter from Marin Municipal Water District dated 6/20/2012 S: IAdministrationlTown CouncillResolutionsl20121Library project reso.doc Town Council Resolution No. XX-2012 712512012 6 y Cr 'M 1h f w W O PO L r I I z 0- C) U Z V ■ U) it f IMY1 1 f ~ a~ ~ i o QZ l~ ti C 9 2 k ?J IU .J ~l { r J ~ d i \ S \ \ La v~ a~ t G p 3$ d ~ u r ° ~ O 7 N N gy8 s~~]aoo o ~N ~f§ p y/ U $g ¢¢a 2 e ; S Fi 0 2 W 3 00 M11143.0 2 3 E-IX'. YlIDIm MARIN MUNICIPAL WATER DISTRICT 220 Nellen Avenue Corte Madera CA 94925-1169 www.mannwater.org June 20, 2012 Service Nos. 60960 & 61737 Dan Watrous Town of Tiburon Planning Dept 1505 Tiburon Blvd Tiburon CA 94920 RE: WATER AVAILABILITY- Belvedere-Tiburon Library Expansion Assessor's Parcel No.: 058-171-94 and 058-171-62 - Location: 1501 Tiburon Blvd., Tiburon Dear Mr. Watrous: The above referenced parcels are currently being served. Service No. 60960 provides water to Parcel No. 058-171-94 for Belvedere-Tiburon Library. The proposed expansion will not impair the District's ability to continue service to this property. However, District records indicate the property is operating above its annual water entitlement of 0.97 acre-feet. The purchase of an additional water entitlement will be required to meet the property's new demand. Service No. 61737 provides water to Parcel No. 058-171-62 for landscape irrigation. The proposed parking lot will not impair the District's ability to continue service to this property. However, the District owns and maintains facilities within an easement running through the parcel. The property owners reserve and shall have the right to revise the grade of the surface or'the location of the easement if and when they shall first pay to the District the full expense of changing the grade or location of the pipeline(s) and other installations of the District therein. In the event of a change in grade, the District will determine if the grade change requires the raising or lowering of the pipeline or other installation. The District, in its sole discretion, shall determine all costs associated with the change in grade. If the property owners desire a change in the location of the easement, they shall first grant a suitable new easement acceptable to the District. Compliance with all indoor and outdoor requirements of District Code Title 13 - Water Conservation is a condition of water service. Indoor plumbing fixtures must meet specific efficiency requirements. Landscape plans shall be submitted, and reviewed to confirm compliance. The Code requires a landscape plan, an irrigation plan, and a grading plan. Any questions regarding District Code Title 13 - Water Conservation should be directed to the Water Conservation Department at (415) 945- 1497. You can also find information about the District's water conservation requirements online at www.marinwater.org. Should backflow protection be required, said protection shall be installed as a condition of water service. Questions regarding backflow requirements should be directed to the Backflow Prevention Program Coordinator at (415) 945-1559. If you have any questions regarding this matter, please contact me at (415) 945 -1531. Very truly yours, Joseph Eischens Engineering Technician F T T 'rT, T JE:mp cc: Town of Tiburon Building Dept recycled ; recyclable 4 RESOLUTION NO. 55-2011 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING GENERAL PLAN AMENDMENTS ASSOCIATED WITH A PROPOSED EXPANSION OF THE BELVEDERE-TIBURON PUBLIC LIBRARY LOCATED AT 1501 TIBURON BOULEVARD The Town Council of the Town of Tiburon does hereby resolve as follows: WHEREAS, the Town of Tiburon is in receipt of an application (File #GPA 2008- 02) for general plan amendments to modify the text of Policy OSC-20 of the Open Space and Conservation Element regarding setbacks from wetlands, and to re-designate certain lands on the Tiburon General Plan Land Use Diagram 2.2-1 as follows: 1. Approximately 16,250 square feet of land located north of and directly behind the existing BTLA property at 1501 Tiburon Boulevard and the Town Hall property at 1505 Tiburon Boulevard from Open Space to Public/Quasi-Public for the purposes of expanding the existing Library facility; and 2. Approximately 11,750 square feet of the existing Tiburon Town Hall parcel at 1505 Tiburon Boulevard from Neighborhood Commercial to Public/Quasi- Public to correct a prior mapping error; and WHEREAS, the Tiburon Planning Commission held a duly noticed public hearing on September 14, 2011, heard testimony from interested persons, and adopted Resolution No. 2011-15 making recommendations to the Town Council concerning the proposed general plan amendments; and WHEREAS, the Town Council held a duly noticed public hearing on October 5, 2011, at which testimony was received and considered from interested persons. The Town Council also received and considered the recommendations of the Planning Commission; and WHEREAS, the Town Council has previously by separate resolution certified an Environmental Impact Report for the Library expansion project, including the general plan amendments conternplated herein; and WHEREAS, the Town Council has previously by separate resolution adopted Findings of Fact pursuant to the California Environmental Quality Act and has adopted findings of overriding considerations to approve the project despite remaining significant envirorunental effects; and Tiburon Town Council Resolution No. 55-2011 1112/2011 EXHIBIT NO. ioF18 WHEREAS, the Town Council agrees with the Planning Commission's foot recommendation that the proposed amendment to Policy OSC-20 regarding n I finds the buffer between wetlands and development is unnecessary, because the Council following: I . The policy is intended to be sufficiently flexible to permit a project that encroaches into the '100-foot setback, if the biological impact to the nearby wetland (Railroad Marsh) would be mitigated to a less-than-significant level. The Council agrees with the EIR that the proposed mitigation measures will mitigate the impact on the Railroad Marsh to a level of insignificance. 2. The project is consistent with Policy OSC-20 because the 100-foot setback specified in the Policy is not feasible at this location. A 100-foot setback line from the Marsh shoreline is depicted at p. 80 of the Final EIR, and demonstrates that encroach approximately 30 of the 52 spaces depicted in the proposed parking lot would into the 100-foot buffer. Furthermore, there would be insufficient space to create a workable circulation flow for the remaining parking spaces, resulting in the virtual of elimination of on-site parking. Even if Town required the Library to reduce the size o the expansion, the Library could not significantly reduce the extent of the encroachment. Accordingly, neither the original project nor any of the build alternatives examined by the EIR would be feasible if the Town requires a 100-foot buffer. 3. The presence of a 15-foot wide utility easement directly the behind multiple-agency he existing Library building, said easement holding the outfall pipe for p gency Sewerage Agency of Southern Marin (SASM), further limits other opportunities for structural expansion behind the Library building. WHEREAS, the Town Council finds that the proposed General Plan amendments are, on balance, consistent with the goals and objectives of the Tiburon General Plan, as set forth in the certified EIR for the project and the staff reports dated September 14, 2011 and October 5, 2011. Specifically, the Town Council finds that the public library use would serve a very broad segment of the Tiburon Peninsulas population and is reasonable justification for the necessary general plan amendments. NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby amend General Plan Diagram 2.2-1 (Land Use Diagram) to designate the approximately 16,250 square feet of land, as depicted on attached Exhibit "A", comprising a portion of Lot 10 of the Point Tiburon Subdivision, from OS (Open Space) to P (Public/Quasi-Public). BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon designate the does hereby amend General Plan Diagram 2.2-1 (Land Use Diagram) to re"B", approximately 11,750 square feet of land, as depicted on attached Exhibit comprising a portion of Marin County Assessor Parcel 58-171-92, from NC (Neighborhood Commercial) to P (Public/Quasi-Public). 11/2/2011 2 Tiburon Town Council Resolution No. 55-2011 EXHIBIT NO. A zv~rLS BE IT FURTHER RESOLVED that the above amendments are approved for the purpose of constructing an expansion to the Belvedere-Tiburon Public Library facility, be and that such expansion shall be subject to the following conditions, said conditions fulfilled as part of or incorporated into any approval of subsequent detailed site plan and architectural drawings for the library expansion project: 1) The conceptual expansion plans associated with these approvals are the drawings (14 sheets) dated October 5, 2011, prepared by EHD Architecture, depicting the Refined Alternate D project. Saiddrawings date-stamped "Received September 28, 2011 Planning Division" are available for review in the offices of the Town of Tiburon Community Development Department. The building design and architecture shown on said drawings shall be revised to reduce the excessive mass, bulk and scale as viewed from Tiburon Boulevard. These revisions will likely require square footage reductions prior to approval of detailed site plan a intends architectural drawings by the Town Council. The Town Council ten that these design and architectural revisions will reduce the significant view blockage impact of the Tiburon Ridge from Tiburon Boulevard. 2) A Native American monitor and a qualified archaeologist shall be present during construction grading and trenching. In the event that additional subsurface archaeological resources are encountered during the course o in these grading and/or excavation, all development shall temporarily cease areas until the Town's Planning Division is contacted and a qualified archaeologist properly assesses the resources and makes recommendations for their disposition. Prehistoric archaeological site indicators include: obsidian and chert flakes and chipped stone tools; grinding and mashing implements (e.g., slabs and handstones, and mortars and pestles); bedrock outcrops and boulders with mortar cups; and locally darkened madden soils. Midden soils may contain a combination of any of the previously listed items with the possible addition of bone and shell remains, and fire affected stones. Historic period site indicators generally include: fragments of glass, ceramic, and metal objects; milled and split lumber; and structure and feature remains such as building foundations and discrete trash deposits (e.g., wells, privy pits, dumps). Construction activities could continue in other areas. If any findings are determined to be significant by the archeologist, they shall be subject to scientific analysis; duration/disposition of archaeological specimens as agreed to by the Native American community, land owner, and the Town; and a report prepared according to current professional standards. The project sponsor shall bear all reasonable costs associated with such monitoring, assessment, and disposition of artifacts. Resolution No. 55-2011 111212011 3 Tiburon Town Council EXHIBIT NO. 2 P . 3 b-= l cis 3) If human remains are encountered, excavation or disturbance of the location shall be halted in the vicinity of the find, and the county coroner contacted. If the coroner determines the remains are Native American, the coroner shall contact the Native American Heritage Commission. The ersons Native American Heritage Commission shall identify the eso American. believed to be most likely descended from the deceased Native the The most likely descendent shall make recommendations regarding treatment of the remains with appropriate dignity. 4) To secure an additional water entitlement, the project sponsor shall complete a Water Service Application and pay any required fees or the project sponsor shall transfer an unused entitlement from another site. 5 Prior to issuance of a building permit, the Town and Library Agency shall agree upon, and the Library Agency shall pay to the Town, a reasonable monetary contribution toward signalization or other safety and/or capacity improvements, including possible installation of a rotary/traffic circle, at the Tiburon Boulevard/Mar West Street intersection. 6) Any detailed site plan and architectural drawings subsequently submitted pursuant to this approval shall depict parallel parking spaces along Tiburon Boulevard in front of the pedestrian plaza area proposed between Tiburon Town Hall and the Library addition. The Town Council may, in its sole discretion, choose to establish a "no parking zone along Tiburon Boulevard, approximately 40 feet in length, in this area. 7) The project sponsor shall absorb all reasonable costs for the relocation of the Landmarks Society's pictorial exhibit located near the intersection of Tiburon Boulevard and Mar West Street to another appropriate location, if feasible, to approximate the vantage point shown in the pictorial exhibit. g) A minimum of two (2) handicap-accessible parking spaces shall b the installed along the Tiburon Boulevard frontage of the project to off-set loss of such spaces in close proximity to the Town Hall front entrance. The Library Agency shall be responsible for all costs associated with installation of these parking spaces, including any ramps between the street and plaza levels that may be necessary to accommodate wheelchairs. 9) Prior to issuance of a building permit, applicant will create or fund all additional parking spaces that shall be available to Library and Town Hall visitors during business hours. This may be through a long-term parking agreement with other property owners; through the securing of a long-term agreement whereby short-term parking for public use will be available the adjacent lot at 1525 Tiburon Boulevard; through the creation of new 111212011 Tiburon Town Council Resolution No. 55-2011 EXHIBIT P. __~f~ public parking spaces proximate to the project on hnearby e number streets of rarking elsewhere, or through other equivalent methods. The ratio of one space per spaces to be created or funded shall be based on Pace P each 1,000 gross square feet of Library addition constructed. BE IT FURTHER RESOLVED that the Town Council hereby adopts a Mitigation Monitoring Program (MMP) for the Library Expansion Project, said MMP being attached as Exhibit "C" hereto and incorporated herein. Said Library Expansion Project includes applications GPA 2008-02, R 2008-01, 30804, 40801 and all trailing and/or subsequent permits issued pursuant thereto and in reliance thereon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on November 2, 2011, by the following vote: .AYES: NOES: ABSENT: ATTEST : COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell & Slavitz COUNCILMEMBERS: None COUNCILMEMBERS : None 1 DIANE CRANEdACOPI, TOWN CLERK Attachments: Exhibits "A", "B", and C Tiburon Town Council Resolution No. 55-2011 11/2/2011 EXHIBIT N O. 2 P. 6 t <5 Legend Pro'ect Site OS Open Space P Public/Quasi-Public NO Neighborhood Commercial f 0 Office Exhibit "A": Area to be re-designated from Open Space to Public/Quasi-Public on Tiburon General Plan Land Use Diagram 2.2-1 L.CL 'i XHIBIT NO. 2- R (0 of-- tQ I ' r~_........ ~.µ..•N..:~ ran ..,or1n ro , icIMMr)atnviewer. April 27. 2009; Tiburon Zoning Map & General Plan Land Use Diagram. = - - - - Legend Pro ect Site OS Open Space P Public/Quasi-Public NC Neighborhood Commercial O Office Tb 4~. I-2e C 04/ ✓✓dr~ 1 Cnt irro Exhibit "BArea to be re-designated from Neighborhood Commercial to Public/Quasi-Public on Tiburon General Plan Land Use Diagram 2.2-1 '7 bf f b ` scale eet htin-//nis rn marin-ca.us/MMDataviewer, April 27, 2009, Tiburon Zoning Map & General Plan Land Use Diagram. MITIGATION MONITORING PROGRAM BEL VEDERE- TIBURON LIBRARY EXPANSION PROJECT INTRODUCTION The California Environmental Quality Act (CEQA) requires a public agency to adopt a monitoring program when approving a project in order to mitigate or avoid significant effects on the environment (Public Resources Code section 21081.6). The program is based on the findings and the adopted mitigation measures presented in an Environmental Impact Report (EIR) that has been prepared on the project and certified by the lead agency. The program must be designed to ensure compliance during project implementation. Pursuant to the CEQA Guidelines, a Mitigation Monitoring Program (MMP) must cover the following: • The MMP must identify the entity that is responsible for each monitoring and reporting task, be it the Town of Tiburon (as lead agency), other agency (responsible or trustee agency), or a private entity (i.e., the project sponsor). • The MMP must be based on the project description and the required mitigation measures presented in the environmental document prepared for the project and certified by the lead agency. • The MMP must be approved by the lead agency at the same time of project entitlement action or approvals. MMP's are typically designed in chart and checklist format for ease of monitoring. PURPOSE AND USE OF THE MONITORING PROGRAM The purpose of the monitoring program is to provide the Town of Tiburon with a simple guideline of procedures to ensure that the required mitigation measures are implemented. Since each required mitigation measure must be implemented, a monitoring chart was created, which is attached hereto. This chart provides the following information and direction for use. 1) The mitigation number from the Final EIR is listed in the first column. 2) The required mitigation measures are listed in the second column. 3) The third column lists the timing as to when the mitigation measure is to be implemented. 4) The fourth column lists the agency or entity responsible for implementing the mitigation measure. 5) The fifth column lists the monitoring agency or entity. 6) The sixth column lists the sanctions if the mitigation measure is not implemented. Belvedere-Tiburon Library Expansion Project Mitigation Monitoring Program EXHIBIT NO. 2- EYHIBIT . 0 cc- j U N Q C C E O c C m C k lLl Z` a c 0 0 m N a~ c 0 b ~ c i= ° c a ~ m C vi o c N 0 to _ Q ° (0 V q) U C U C m 0 Y C Q) C) y m ` a a a y N E `m o-a O (U - O C In O zo_oUm otS C r y N 'O - N O N C ch > c Q. 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U' ca m c - > Ov ;o cp L 0 C: c - a) m c N .D F ~ `m i0 3 c U t w E m 8 m ) q Pr O L „O C a) C C U U N E N U m p0 N a) C C L p m 'Q 3 a?~ L N A Q 7 N O U 30 N°~ c a) F" 30 c N ` U C c°)E L O y O E 6 a) m 7 N C O m _ o O x > ~ 0 N 0 > p O CU o ° m ll j ~ ` m Ew a ) cu G G .U 3 .N a) to c) L m o - c) ~ a7 O` O_ a) - tD C -w Fa 4 ,p N L C L M N v) L N C%3 cq ~ . 3 ~ _f ~ . v cya n ° Wtq o -U~c m ~a m n a) 00 m.E 3cc m(L) m tm°)oLm .mL L F .N m F- U) E o cc o 1= N C ~ ~ C p N Q fn O • b N n) g ) j Q 03 N O MH W H tom-! ti Old O ORDINANCE NO. 537 N. S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING REVIEW AND DECISION-MAKING PROCEDURES FOR THE BELVEDERE-TIBURON PUBLIC LIBRARY EXPANSION REVISED PROJECT AND EXEMPTING SAID PROJECT FROM ALL PROVISIONS OF THE TIBURON ZONING ORDINANCE AS SET FORTH IN TITLE IV, CHAPTER 16 OF THE TIBURON MUNICIPAL CODE The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. PURPOSE AND INTENT The Belvedere-Tiburon Library Agency (BTLA) owns and operates a public library at the corner of Tiburon Boulevard and Mar West Street, on property commonly known as 1501 Tiburon Boulevard and further identified as Marin County Assessor Parcels 058-171-93, 94 and a portion of 058-171-62. In 2004, the Tiburon Town Council approved a general plan amendment, rezoning, master plan amendment, and precise plan amendment for the construction of additions to the existing Library building. The Town Council also adopted a mitigated negative declaration of environmental impact for the additions to the Library as set forth in those approvals. In September 2005, the Town Council adopted an updated general plan known as Tiburon 2020, which set forth the following policy and program regarding the Library: ➢ Downtown Element Policy DT-35: Support an appropriate expansion of the Belvedere-Tiburon Public Library adjacent to Zelinsky Park. ➢ Downtown Element Program DT-u: Facilitate expansion of the Belvedere- Tiburon Public Library by employing streamlined permit review processes typically used for major public projects. In July 2007, the Town Council entered into an agreement with BTLA to transfer property adjacent to the public improvements known as Zelinsky Park for the purpose of expanding the library as contemplated by the general plan. The Agreement provided that the Library addition project would be subject to the Town's normally applicable laws and regulations, except as may be waived or modified by ordinance of the Town Council. The Town retains its discretion to process and approve, conditionally approve or deny all land use applications as provided by law. Town of Tiburon Ordinance No. 537 N.S. Effective 03102,12012 1.11IBIT NO.3 In July 2008, the BTLA decided to pursue a substantially different project (hereinafter ``Revised Project"), that proposes the primary additions to be located in the parking lot between the existing Library and Tiburon Town Hall. Legislative land use entitlements for the Revised Project are currently being processed by the Town, with Town Council approval anticipated prior to January 1, 2012. The Town Council has certified an environmental impact report for the Revised Project. The BTLA has requested, and the Town Council has initiated, the process to adopt an ordinance establishing streamlined Town review and decision-making procedures for the Revised Project, including exemption from provisions of the Tiburon Zoning Ordinance. Pursuant to the provisions of Tiburon's Zoning Ordinance, the Revised Project would be required to secure conditional use permit approval by the Planning Commission, and site plan and architectural approval by the Design Review Board (DRB) prior to the issuance of a building permit. However, the Town Council finds it appropriate to adopt this ordinance to establish a streamlined decision-making procedure for the Revised Project, because of (1) the extraordinary public interest served by the Revised Project (2) the above-listed general plan policy and program regarding the expansion of the Library; and (3) the need to preserve scarce public monies by minimizing the expense required to comply with the Town's laws and regulations while still meeting the intent thereof. SECTION 2. EXEMPTION FROM ZONING ORDINANCE The Revised Project shall be exempt from all provisions of the Tiburon Zoning Ordinance, codified as Title IV, Chapter 16 of the Tiburon Municipal Code. SECTION 3. ENVIRONMENTAL DETERMINATION Adoption of this Ordinance has no potential to result in a significant impact on the environment pursuant to Section 15061(b) (3) of the Guidelines for the California Environmental Quality Act (CEQA) and is therefore exempt from review. Furthermore, the Town has previously certified an environmental impact report for the Revised Project, and adoption of this Ordinance makes no changes to the Revised Project that would require further review under CEQA. SECTION 4. FINDINGS The Town Council finds as follows: (A) The Planning Commission held a duly noticed and advertised public hearing on December 14, 2011, at which testimony was received from the public; and thereafter recommended adoption of the ordinance to the Town Council. (B) The Town Council held a duly noticed public hearing on January 18, 2012 and heard and considered public testimony on this item. Town of Tiburon Ordinance No. S37 N. S. Effective 0310212012 2 ]EXHIBIT NO. 3 (C) The Town Council finds that the proposed ordinance would be consistent with the goals, policies, and programs of the Tiburon General Plan, as set forth in the Staff Report dated January 18, 2012. (D) The Town Council finds that the proposed ordinance is consistent with the objectives set forth in the Zoning Ordinance. SECTION 5. REVIEW AND DECISION-MAKING PROCEDURES ESTABLISHED Development applications for the Revised Project shall be reviewed pursuant to the following procedures: (A) The Town Council shall hold one or more public meetings on the application to review and, if appropriate, approve or conditionally approve the site plan, architectural, and related drawings for the project. This review shall include the building additions, landscaping, parking and other ancillary improvements. In conducting its review and evaluation of the application, the Town Council shall utilize those guiding principles, design review guidelines, purposes and special considerations that the Planning Commission and Design Review Board would have nonnally applied to applications for a conditional use permit and site plan and architectural review absent the adoption of this streamlined processing procedure. (B) At any time during the process, the Town Council may, as deemed appropriate, refer the application to the Planning Commission, Design Review Board, or any other Council-appointed Committee for that body's expeditious input, recommendations, or analysis. Such referrals shall be advisory and not binding on the Town Council. (C) Prior to any work on the site, the BTLA must apply for and the Town Building Official must review and issue any building permits required by law pursuant to an approved development application. (D) Prior to any work on the site, the BTLA must apply for and the Town Engineer must review and approve an encroachment permit for any work associated with the project that is proposed on Town land or street right-of-way. (E) The processing of the applications shall be exempt from all Town planning and permit fees except that BLTA shall pay any costs the Town incurs from outside vendors or consultants, or where the Town Manager has determined that such costs are necessary or appropriate to process the applications. Town of Tiburon Ordinance No. 537 N. S. Effective 0310212012 3 '-a ~ NO SECTION 6. EFFECTIVE DATE This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage a copy of the ordinance shall be published, with the names of the members voting for and against it, at least once in a newspaper of general circulation in the Town of Tiburon. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on January 18, 2012 and was adopted at a regular meeting of the Town Council of the Town of Tiburon on February 1, 2012, by the following vote: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Doyle JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town .f Tiburon Ordinance No. 537 N. S. Effective 0310212012 4 EXHIBIT INTO. 3 EXHIBIT NO._q_ Collins said that the Planning Commission had gotten it right in deciding the issue on principle, leaving the review of the policy to the Council. He said that the change requested to the exterior of the house was de minimus (120 square feet) and that the other square footage already existed within the house. Councilmember Collins agreed that it would be helpful to tighten the language in the resolution to not allow pop-outs. Mayor Fraser said he agreed with his colleagues and said there were no external [view] impacts that would concern him. He said the idea of enclosing the trellis area was questionable but that in this instance, it would pass the "no impact" test. He said it was within the Council's purview to review and change its policies from time to time. MOTION: To grant the appeal and approve the application as submitted, noting that the approval is based on and limited to the additions being within the footprint of the house and contained within the walls on the ground floor only. Moved: Collins, seconded by Fredericks Vote: AYES: Unanimous At 9:15 p.m., the Council began the workshop. WORKSHOP 1. Library Expansion Project - Informal discussion between the Library Agency and Town Council regarding Library expansion and possible modifications to the interim plan the Agency is considering based on previously received direction from the Town Council (Director of Community Development Anderson) Town Manager Curran gave a brief staff report, saying that the Town Council had directed the Library Agency to come back to the Council on an interim basis before seeking approval of a specific design application. She said the workshop was to allow a dialogue between the Agency and the Town Council. She said the Agency would seek feedback from the Council and if it became clear that additional sessions were necessary prior to submitting an application, Curran said that would be the next step. Library Agency Board Chair Beverlee Johnson introduced her fellow boardmembers who were present, along with members of the Building Committee, the Library Foundation, and staff who were in the audience. Chair Johnson gave a history of the project that started in 2004, to date. She said that at the November 11, 2011 meeting, the Library representatives had listened to the Council's input and had made real changes based on the Council's direction. She said that the square footage of the building had been reduced and the building envelope had been reconfigured, all without Town Council Minutes #06 -2012 March 21, 2012 Page I1 EXHIBIT NO. S compromising the needs of the Library. Ms. Johnson turned the presentation over to Library Director, Debbie Mazzolini, and Assistant Director, Jackie Schaefer, who gave a detailed review of the plans for the reconfigured first and second floor spaces and their uses. Ms. Mazzolini said the revised floor plan created a very efficient space while preserving the 'integrity of the services provided by the Library, and equal access. The Library Director and EHDD Architect Jennifer Devlin responded to questions by the Council. Councilmember Collins asked if the existing patio was shown in the new drawings (it was). He asked whether the Agency had considered enclosing it to create additional space (they had). Chair Johnson said that it was not on the building foundation and was basically bricks on dirt; she also said its location did not support the proposed function in the expansion plan. Councilmember Fredericks asked about the need for a bookstore if the one at the Boardwalk was to remain. Director Mazzolini said that an in-house bookstore was something the Agency had wanted for many years; she said that the Library received lots of donated books and needed a place to sell them. Heather Cameron said that the Foundation had just reached its $100,000 mark in book sales in that location, but agreed that it would be more efficient for the Library not to have to pay rent and to keep the store in-house. Ms. Mazzolini said that an in-house bookstore was a successful model used in libraries in the Bay Area and nationwide. She said the Library made about $800-$1,000 per month currently by selling books off of carts in-house. She said she anticipated that this number would grow with a more suitable space. Mayor Fraser asked about the number of visitors to the Library. He asked the Director if she thought that number would increase (she had mentioned that the Library has 4,000 visitors per week now). Ms. Mazzolini said that while the clientele may not necessarily change, the current Library had run out of space and had to turn away schoolchildren who were looking for a place to study, and others, because there was no room. She said the expanded Library would be a welcoming place for teens and schoolchildren. Ann Alywn said that the Library expansion was needed for existing, current users, and would be able to grow to accommodate new ones. Director Mazzolini also noted that increased square footage of the community room and another meeting room on the second floor of the proposed plan. She said this additional meeting space could be utilized by other organizations and the public, as well as for Library programs. Architect Devlin presented drawings that recapped the plans presented in November 2011 and compared them to the latest version. She noted that in the new drawings, the space between the buildings (Town Hall and the Library) had been increased from 48 to 56 feet, which had subsequently increased the view corridor from Tiburon Boulevard, and that the new plans had a reduced building height, width, and reduced square footage. She said the total reduction was Town Council Minutes #06 -2012 March 21, 2012 Page 12 EXHIBIT No. 1,000 square feet. Devlin answered questions from the Council concerning views. She said that her statements about increasing the view corridor were based on the reduced building mass and did not address any landscaping issues. She showed how one corner of the building had been moved, and the entrance to the building near Tiburon Boulevard now opened more onto a central plaza between the two buildings, rather than being oriented directly toward the boulevard. Councilmember Collins asked for the roof height and was told it was 37-1/2 feet. The architect showed how in the new plan the building was stepped back from what is shown in Alternative Plan D, specifically the second story was pulled back which created one story at street frontage. Collins asked for the height at the ridge of the one-story building (20 feet) and distance to the sidewalk (16 feet). Devlin also showed an overlay of the new plan on a snap downloaded from Google Earth. She also showed how the view continued to open up as the angles increased. It was noted, however, that comparative views are difficult to evaluate. Vice Mayor O'Donnell asked the Board Chair if the Agency was happy with the latest design. She said yes, that it represented a lot of work but the Council had challenged the Agency and it had responded. O'Donnell said that the changes that struck a chord with him were the creation of an angled entrance (versus direct facing of Tiburon Boulevard) and that the plaza now become more of a cohesive focal point between the buildings. Ms. Johnson agreed. She said that it enhanced the idea of this location being a"gateway" to Tiburon. Councilmember Doyle asked if the rooflines were the same as in Alternative D (the response was "yes"). He said he liked the floor plans but he felt that the rooflines were complicated and in the last set of drawings, they looked simpler. He asked whether it was possible to simplify the rooflines in these plans. The architect responded that this plan was intended to break down the scale of the building. She said the next step in the process was indeed design refinement. Mayor Fraser asked for comment from the public. 1. Woman (name unknown) said she liked the old design better and worried that this expansion would be too small; said to build a bigger library; 2. Connie Peirce praised the Agency for the refinements, reducing the bulk at the front and opening up the view corridor, but stated that Old St. Hilary was still a focal point for the community and wondered where it was (since it could not been seen on the snaps or drawings provided); said she had previously submitted photos taken from her house and wondered how this rendition would affect her views; asked if the upstairs tables in the Town Council Minutes #06 -2012 March 21, 2012 Page 13 EXHIBIT NO. 5- teen room were critical and whether this portion could be pulled back or eliminated (Jackie Schaefer said yes, the space was needed to provide space for a study area and the tables were a critical part of that); 3. Genevieve Chapman, 50-year resident, said public input on the project continued to be important [Mayor Fraser noted that there would be more hearings on the project]; 4. Heather Cameron, speaking on behalf of the Library Foundation, said that the Foundation supported the expansion and was the fund-raising arm to see it through; 5. Chuck Auerbach said that the latest drawing seemed like modern architecture and suffered from the elimination of eves [the architect said there would be eves in a finished drawing]; 6. Joan Bergsund questioned the need for parking in the Zelinksy open space; said the space was not acquired easily and was not appropriate for cars; said the parking should remain where it is today; said the services contemplated in the new plan were wonderful but were more than the site could hold; said that proposed parking was problematic and would adversely affect both the open space and Town Hall. Director of Community Development Anderson noted that the environmental issues concerning the application had already been decided, including those about parking, when the Council had adopted a Final EIR and approved General Plan Amendments and mitigation measures. He said the direction at the last meeting following those approvals was to revise the drawings to reduce the excessive mass, bulk and scale as viewed from Tiburon Boulevard, and reduce the significant view blockage of the Tiburon Ridge from Tiburon Boulevard. 7. Vicky Tuorto asked what would happen to the grassy area where people ran their dogs [Zelinksy Park]; Ms. Architect said it would be moved southeast in the current proposal; Chair Johnson asked the Council what the next step should be for the Library to take. Vice Mayor O'Donnell said he was "fabulously enthused" about the current rendition and could not wait to see the project get started. He said the issues framed by the Council at its November meeting had all been addressed-the view corridor had been widened, the square footage reduced, and the bulk and mass had been reduced. Councilmember Fredericks echoed these sentiments. She said she liked Alternative D but that somehow the Library Agency had found a way to address the Council's concerns and also had found ways to meet the needs of the community with an expanded Children's Room, bookstore and cafe for moms, and a place for teens to gather and study. Councilmember Collins said that the latest plan had not changed his thinking; he continued to favor an expansion located behind the existing building. He said the children's area lent itself to being located in another building. Councilmember Collins noted that the proposed children's area would be the size of the Council Chambers. He said this would be noisy and that it should have double-glass doors or the like if it were going to be adjacent to the main nave. Town Council Minutes #06 -2012 March 21, 2012 Page 14 EXHIBIT NO. Collins stated that the mass continued to be an issue and the size of the proposed building would dwarf Town Hall. He also said that the bookstore would be over 900 square feet, which was 2/3 the size of the Council Chambers. He said that while the corridor between the buildings had been widened in the latest drawings, it was not a significant change. He said the distance between the buildings was still 48 feet on the ground floor, even though the second story had been moved back. Collins also stated that the parking was not adequate for the estimated number of visitors to the Library. He said the Library would have to comply with the parking-related mitigation measures prior to obtaining a building permit. Collins stated that many people in the community would like to keep the view of the (Old St. Hilary' s) Open Space pristine. He said that overall, he received many calls from residents who thought that the proposed building expansion was too big and not right for this location. He added that he would like to have the library expansion be voted upon by the community as a whole. Councilmember Doyle said that the sewer main to the rear of the building was one reason to reject the expansion in that location. Councilmember Collins said he had not suggested building on the sewer main location but rather, behind where it was located. A member of the Library Agency commented that it was also an inefficient use of space because it would require a 2,700 square foot breezeway to connect the two buildings. Doyle said he liked the way the front of the Library building "envelopes'' the plaza in the latest rendition, which made it appear less imposing to Town Hall. He said he liked the last plan but liked the new floor plan better. He said that given the constraints of the site, and the cost of moving a sewer main (estimated at $1 million), he would favor this version. He said that he also liked seeing a public plaza versus a parking lot in the front. He noted that as one drove down Tiburon Boulevard, there were many parking lots fronting Tiburon Boulevard. Councilmember Doyle said that the community was giving up something but getting something in return; he said that the expanded children's room would be a great asset, among other things; he commended the Library Agency for its work. Chair Johnson noted that the location of the library expansion building described by Councilmember Collins was in the Library Agency's originals plan but that the Town's subsequent adoption of an updated General Plan had called for buildings closer to Tiburon Boulevard and had dissuaded the Agency from its original thinking. She also noted the downsides of having two separate buildings, which would result in higher operating costs for staffing and oversight, among other things. Mayor Fraser said he has been a supporter of the Library and its expansion for the betterment of the community. He said that the Library Agency had defined its needs well and had devised terrific plans. Fraser said this was commendable except that the site on which the Agency wanted Town Council Minutes #06 -2012 March 21, 2012 Page 15 EXHIBIT NO. to build was a confined space and that views of the Open Space were near and dear to the citizens of Tiburon. He said that the size, mass, bulk, and view obstruction was not fully comprehensible as seen in drawings alone; he said that he would liked to have been able to see story poles for the current rendition and allow the community to comment. The Mayor said there was still work to do to address the issues of mass, bulk and size, as well as how the building would fit into the context of the overall area. He said it needed another iteration, as well as feedback from the community as a whole. Mayor Fraser noted that residents were still paying on an Open Space bond issue and had a vested interest in the view corridors. Councilmember Fredericks said that the Mayor wanted to see something to help define the view corridors, however, she noted that her video as well as the story poles previously erected did not seem to adequately address this desire. Mayor Fraser said that he had wanted story poles for this iteration; Councilmember Collins said he had seen the plans and thought perhaps they would not be necessary; however, he said he thinks the public needed to see story poles. Vice Mayor O'Donnell pointed out that story poles would be a requirement during the Design Review process. Councilmember Fredericks agreed that it was at that juncture when story poles would become most informative. Mayor Fraser said that the community wanted to know how the view corridor would be impacted from the placement of the building on the site. He said that both story poles and elevations would be helpful. He said that the drawings alone did not provide enough information. He also said he continued to think that the building was larger than it needed to be. Councilmember Doyle suggested a scale model might be constructed that could be on display in the Library to help people understand the proposal in a visual way. Architect Devlin agreed that physical models are always helpful; however, she pointed out that a model would not show the building's relationship to the surrounding space or the Open Space. Ms. Johnson asked if the next step was Design Review or another workshop with the Council. Vice Mayor O'Donnell responded that a majority of the Council appeared to be comfortable with the Library's efforts to address the issues of bulk, mass, size and location and that the appropriate next step appeared to be filing of the design review application. Mayor Fraser said that the community still needed to have input into the size and scale of the proposal, as well as the view issues. He agreed with the suggestion to have a model on display in the Library; he said that while a majority of the Council had given its blessing to moving forward with the process, he encouraged the Library to continue to ensure that the right elements were included in its application. Town Council Minutes #06 -2012 March 21, 2012 Page 16 EXHIBIT NO. (Item No. 1). MOTION: To adopt Consent Calendar Item Nos. 1 through 7, as amended. Moved: Collins, seconded by Fraser Vote: AYES: Unanimous ACTION ITEMS 1. Belvedere-Tiburon Public Library Expansion Project - 1501 and 1505 Tiburon Boulevard; Consider Applications for General Plan Amendment, Rezoning, and Amendments to the Point Tiburon Master Plan and Point Tiburon Precise Plan and Take Related Actions Associated with a Proposed 17,000 Square Foot Addition to the Existing Library Facility (Director of Community Development Anderson) - Public Hearing Closed: Consider Adoption of Three Resolutions and Three ordinances related to the Project Director of Community Development Anderson gave the report which summarized the direction of the Council at the last meeting. He said that a majority of the Councilmembers had expressed a preference for the proposed plan (Civic Connection Concept with Refined Alternate D site layout) to the other options analyzed. In addition, the Director said that the Council had unanimously determined that, at this point in time, the most prudent course of action was to declare the visual impact of the project on views of the Tiburon Ridge from Tiburon Boulevard to be a remaining significant impact. He noted that staff was directed to find the impact to be "significant and unavoidable" and to include it in the CEQA findings of fact, and to prepare a statement of overriding considerations for Council adoption. With regard to concerns about impact on wetlands, Anderson said that the Town Council agreed with the Planning Commission's recommendation that a text amendment to Policy OSC-20 was unnecessary, and directed staff to draft the General Plan amendment resolution accordingly. With regard to the scale of the expansion and consistency with Town policies, Director Anderson said that the Council had provided a range of opinions regarding potential design and architectural changes to the building. He said that a majority of the Council appeared to favor, at a minimum, reduction in the visual impression of "excessive mass, bulk and scale" of the building as viewed from Tiburon Boulevard. He said that such a reduction would not necessarily require, but would not preclude, square footage reductions prior to approval of detailed site plan and architectural drawings by the Council, and that a majority of the Council indicated its desire that these changes also ameliorate the impact of view loss of the Tiburon Ridge from Tiburon Boulevard. He said that a new Condition No. 1 of Exhibit 2 (General Plan Amendment resolution) had been added to address this issue. Finally, the Director said that in its discussion of parking and circulation issues, a majority of the Town Council Minutes #22 -2011 November 2, 2011 Page 3 -'KHABIT NO. Council indicated that two issues 1) adequacy (or convenience) of parking and 2) circulation issues involving Tiburon Boulevard/Mar West intersection both needed attention. He noted that an additional condition of approval regarding parking had been prepared subsequent to the distribution of the staff report. He said the condition called for the creation or funding of additional parking for Town Hall and Library visitors prior to issuance of a building permit for the Library expansion. Director Anderson recommended that the Council continue its discussion and consider adoption of the resolutions and ordinances at this meeting, or, if necessary, continue the item to a date certain. Anderson said that in anticipation of the approvals, staff had initiated processing of the streamlining and exemption ordinance for any future Town of Tiburon land use entitlements associated with the Library expansion project. He said that the Planning Commission was scheduled to hold a public hearing on the draft streamlining ordinance on November 9, 2011 and that the ordinance could appear before the Town Council as early as December 7. He said that if the ordinance is adopted, the Council would begin its deliberations as a design review board sometime after the New Year. Vice Mayor Fraser stated that at the prior meeting the Council's remarks had lacked specificity, and that he did not think consensus had been reached on the issues as a result. Fraser said the two biggest outstanding issues-view impacts and mass and bulk-still needed to be addressed. He said that he recalled the direction of the Council was for staff to prepare a revised summary of overriding considerations for Council's review, rather than adoption, at this meeting. He also said that the statement that bulk and mass "might not preclude square footage reductions" did not entirely capture the direction of the Council. The Vice Mayor noted that Councilmember O'Donnell had suggested a percentage square foot reduction, and that the Vice Mayor had referenced the Planning Commission discussion of a 10-15% square footage reduction. Councilmember Collins likewise stated that he did not have the impression that a majority opinion had been formed by the Council on how to address these issues. He said that even if a majority of the Council favored the mitigation of view loss and a reduction of mass and bulk, he said the Library needed more specific direction as a matter of fairness. Councilmember Fredericks agreed that closure had not been reached at the October 19 meeting. For instance, she said that the Council did not reach consensus on the matter of possible square footage reduction of the project and more importantly, had not agreed to place any specific requirements on the Library. She said it now had an opportunity to discuss these issues further. Mayor Slavitz said that the Council would review the issues, one by one. He first asked about the parking issue. Director Anderson said that at the prior meeting, four Councilmember had expressed concerns Town Council Minutes #22 -2011 November 2, 2011 Page 4 EXHIBIT N0. about visitor parking and the proximity of parking spaces to Town Hall; he said the mitigation measures in the EIR addressed staff parking adequately, and concluded that parking would not be an adverse impact with mitigation, but the Council had expressed continued concern about convenient visitor parking. In response, staff developed a specific condition of approval aimed establishing additional Town Hall and Library visitor parking in some nearby, convenient location. He said this parking would be based on a ratio set at half of the parking ratio for typical Library use. He said that the reduced ratio excluded the need for Library employee parking, which was adequate, and that the ratio was lower than that which would be applied to an entirely new Library building, in that while some increased use was anticipated, it was less than if the Library itself were an entirely new use. He said the ratio used in the condition of approval equated to 17 spaces for a 17,000 square foot addition, to 15 spaces for a 15,000 square foot addition, and so forth, based on having one parking space per each 1,000 square feet of library space added. Glenn Isaacson, volunteer Project Manager for the Library, referenced a letter from the Library Agency dated October 19 to the Town Council. He said this letter had asked that the Council not to concentrate on specific details of the project which would be reviewed later during the design review portion of the process. He said that the Council had honored this request and that the Chair said the Council's general direction was well received and would be utilized in the design of the Library project as it moves forward. With regard to parking, Mr. Isaacson said that the Library had received the latest proposed condition and said that if the Library was to partner with the Town in a bilateral fashion to achieve the result, the Library Agency would be amendable to this proposed condition. Mayor Slavitz pointed out that the condition was not bilateral, as written. Director Anderson said that this would not preclude the Town from working together with the Library Agency on this issue. Mayor Slavitz asked Mr. Isaacson if he meant the Town would participate financially. Mr. Isaacson replied "in all ways," and said that the Library controls only its parcel and could not solve the issue alone. Following discussion, the Town Council acknowledged that the Town would work cooperatively with the Library to meet the parking condition, especially for the creation of on-street parking spaces. Councilmember Collins asked whether the timing of construction of the queue (left-turn lane) improvements needed to be specified in a condition of approval. Director Anderson responded that the mitigation measure already required this improvement to be completed prior to occupancy of the new addition. Councilmember Collins moved on to a discussion of view loss. He said that while it was difficult to arrive at a percentage number for acceptable view loss, his opinion was that it should be "none or almost none." He said that as a result, square footage reduction might play a greater role in achieving an acceptable expansion project. He said that he did not agree with the 60% loss figure Town Council Minutes #22 -2011 November 2, 2011 Page S EXHIBIT X10. ~ generated by staff, and that the view begins farther up the Boulevard and is broader than 120 feet. He suggested that the Library be directed to not exceed a certain percentage of view loss in its design process. With regard to open space policies, Collins said that the Town had very clear open space goals and policies to follow. Collins said that with regard to parking, he was troubled by the fact that there was no study to correlate the number of parking spaces with square footage. He said that some sort of study would help everyone concerned understand the issue and arrive at a solution. He said the conditions as written were too vague. Councilmember Fredericks agreed that it was difficult, if not virtually impossible, to quantify the view loss of the Tiburon Ridge. She said that the 60% figure reflected a view from a specific vantage point; she said that the best view of the open space was actually seen from across the street from the project. She also said that the view of Old St. Hilary's Church and the ridge are more spectacular as you walk toward downtown, and she commented on the challenges of balancing loss of ridgeline views given the General Plan's call for 2-3 story buildings in this portion of Downtown along Tiburon Boulevard. Fredericks said that the corridor between the buildings was 48 feet at its narrowest point and was not a tunnel, as described in a previous meeting. She said that some of the things that diminished the view were trellises and trees and that direction to be given might be to minimize the landscaping as a trade-off to view preservation. However, she said this would come at the expense of landscaping a conunon public space. Nonetheless, Fredericks said that the most expansive view would be from the rear of the project, and one that would be more expansive than the view that currently exists, if the Civic Center [Civic Connection] project is developed. Councilmember Fredericks said that the Town's Open Space Guidelines set priorities concerning building on ridgelines; she noted that the Library was not a private developer attempting to build on a ridge, and that its mission was to meet the needs of an entire community. She reiterated that the Library will offer enhanced views from other locations on the property, and she noted that the Town already has a policy of balancing competing interests with regard to views and view loss. Fredericks said that nothing in the General Plan indicated that every aspect of every view of the ridge from Tiburon Boulevard is to be preserved in the exact state that exists at a point in time. She stated that the notion of balancing interests to decide whether a view can be changed or enchanted for public benefit has some policy support. With regard to square footage, Fredericks said the Council should take care in providing specific direction and instead allow the Library to figure out the square footage based on what the Council stated were the priorities of the Town. Town Council Minutes #22 -2011 November- 2, 2011 Page 6 EXEMIT NO. C° Councilmember O'Donnell agreed with Councilmember Fredericks. He said that the Council could not approve the Civic Center [Civic Connection] design without causing some view blockage. O'Donnell suggested that the corridor between the buildings be widened as much as possible. With regard to parking, O'Donnell said that the Town should look at acquiring the parking lot (or a portion thereof) adjacent'to Town Hall. He also said that the Council had adopted a General Plan that called for keeping parking behind the buildings in the downtown. O'Donnell said he would favor a bilateral approach to acquire additional parking, and that if the parking lot were acquired it too could help protect the view of the open space (by keeping the parcel open). In general, Councilmember O'Donnell said that the location of the expansion was appropriate and what remained was to figure out how to reduce the mass and scale of the new building. He said his idea was to give direction to the Library to reduce the size of the building by 5% in order to create a compromise. He said that when the Council talked about mass and bulk it had to address square footage and set parameters because there was no other way to do it. O'Donnell agreed that the staff report was somewhat confusing on this issue. He said it would be better to be more specific and not just leave the mass and bulk issues to be resolved at the design review hearings. Councilmember Fredericks asked if Joint Recreation Department staff parking was included in the application. She noted that this parking might not be needed once the Ned's Way facility was constructed. Director Anderson said that the potential relocation of Joint Recreation was discussed in an earlier staff report, and agreed that if Joint Recreation parking was relocated to Ned's Way, that would free up additional parking for the Town Hall and Library. Vice Mayor Fraser said that compromise and balance were needed from both the Library Agency and the Town. He agreed that more specificity was needed. He reiterated that the view in question was of one of the five most important landmarks in the Town and that it was a significant view and a significant ridgeline. He said that people coming to the Library would see it, as mentioned earlier, but that other people (drivers, hikers and pedestrians on Tiburon Boulevard) should not be discounted. He said that the question was one of how much of the view to protect; the Town had come up with the 60% figure for view loss, and Councilmember Collins had come up with a larger number for view loss. He said that specificity should be based on compromise and balance, as well as the Town's "constitution," namely, its General Plan. Vice Mayor Fraser added that he was uncomfortable leaving the traffic improvements on Tiburon Boulevard up to CalTrans and suggested that the Council build it in to its conditions of approval. He said that everyone agreed that it was a dangerous intersection and that improvements were needed. Fraser said that he was part of a task force that was studying traffic improvements on the Boulevard and that this was a key intersection, also mentioned in the Safe Routes to School study. Town Council Minutes #22 -2011 November 2, 2011 Page 7 EXHIBIT N0. & Vice Mayor Fraser said he agreed with Councilmember Collins and that he was not yet prepared to adopt the findings as set forth in the staff report. Mayor Slavitz said this was a"tough project" albeit one that everyone supported in concept and realized the importance of building. Slavitz said that he was not bothered as much by the open space view loss as by the mass and bulk of the building and the frontage being so close to Tiburon Boulevard. He said he had asked for a design change to reduce the intensity of the design, but that in reality he thought it would not be possible without a reduction in square footage. However, Slavitz said that he did not know what that reduction would be. The Mayor wondered whether language might be added stating that any reduction in mass and bulk will require a reduction in square footage. Mayor Slavitz said that if this were a design review application for a home, the Town would ask the applicant to come back with a revised design to see if it met the expectations of the Council; hence his suggestion that a new drawing showing a revised design might be helpful to the process. With regard to open space view preservation, Slavitz reiterated that while the view was important, it was not as important as, say, a view loss from Founder's Rock. He acknowledged that 15 years ago during the development of the Library, view was an issue and it was now, but that he would not go along with the idea of "no" intrusion as a condition of approval. That being said, Slavitz said that it also difficult to come up with a number or percentage. Mayor Slavitz said that the traffic improvements were important and that he hoped the conversations with CalTrans were successful. With regard to parking, the Mayor said that buying the [Abrams] parking lot was a good idea, but that at the very least the Town could require the Library to lease a certain number of spaces so that people coming to Town Hall for business would be able to find parking. Councilmember Fredericks asked whether the Council might come to a consensus with regard to view loss and square footage reduction by giving direction that the view should be improved from a specific location. However, she conceded that under this scenario, there might still be disagreement over the specific location and view. Fredericks said that the original founders of the Library could not have predicted its success; she said that she feared the ignominy of approving a project that once again did not fully meet the needs of the community. Councilmember Collins addressed the issue of bilateral cooperation with regard to parking. He said he was opposed to the concept if it meant a cost to the Town because the Library expansion had been promoted as having no cost to the taxpayer. He said he did not want to put the Town in a position of having to budget taxpayer dollars to provide parking for the Library. Also, Collins said that if he were on the Library Board, he would want a parking study to be able to have a way to quantify and plan for parking. Town Council Minutes #22 -2011 November 2, 2011 Page 8 I XH1BIT No. Likewise, Collins said there was a way to quantify view loss and that was to limit the height of the building. He said that mass and bulk might be addressed by moving the building farther away from Town Hall and increasing the corridor between the buildings. Collins said that the Town's open space goals were to preserve and protect views and did not talk about "balance". Mayor Slavitz asked if he had specific language in mind to address the view impact. Councilmember O'Donnell suggested that a percentage might be used, for instance, to require expansion of the view corridor by 5 or 10% and to similarly ask for a percentage reduction in square footage. Mayor Slavitz said he had a hard time visualizing what percentages would look like. Vice Mayor Fraser asked how many square feet were in the proposed second-story addition and was told it was 7,000 to 81000 square feet. Fraser said that it was important to have "must haves" and "nice to haves" and to realize that some of these things might not "make the cut" and fit into the space. He said that in design review approvals, floor area ratios were set and that maybe this expansion was just too big. Councilmember Collins asked about the size of the ground floor square footage addition associated with Alternative D, which was located in front of the existing structure. He suggested that perhaps some additional ground floor square footage could be added to that portion of the project as an alternative to the second story portion of the remainder of the proposed addition. Mr. Isaacson said that if the Library were to make that a two-story section, it would have to install fire stairs and an elevator which were cost prohibitive. Mayor Slavitz once again broached the idea of asking the Library to provide a revised design drawing to "give them a crack at meeting our expectations". He said that they need not be fully "fleshed out" plans, but more of a sketch in response to the concerns expressed by Council. Library Board Chair Beverlee Johnson said that the idea of balance and compromise is "where we are" and that the Library representatives had listened carefully to the Council's deliberations at the last meeting. She said they had already started working on the suggestions, and that their staff had been generous in its approach to compromise. Ms. Johnson said that the Board had talked with the Library's consultants and architects; she noted that they were working with "world class architects" and that the Council would not be disappointed in the results. Mayor Slavitz asked Ms. Johnson what she thought of his idea of returning with a new drawing. Ms. Johnson responded "that's the direction we're heading". She added that she understood the difficulty of sorting out the issues and also appreciated the Council not being too specific in its design requirements at this juncture. Mayor Slavitz asked staff what the impact would be of delaying further action on the application. Director of Community Development Anderson said it would not be prudent for the Council to adopt the resolutions until they were comfortable doing so. Town Council Minutes #22 -2011 November 2, 2011 Page 9 EXHIBIT NO. G,_11 Councilmember O'Donnell asked if there were time limits on the adoption of the resolutions, Anderson said there were none, as they were legislative actions. Vice Mayor Fraser said that everyone was well intended but that too many unknowns remained; he said it might be prudent to pause and come back with a new sketch to review prior to taking action, in order to make a better decision on the matter. Councilmember Fredericks said that she did not favor the idea of setting percentages and that revisions must correlate with the needs of the Library. She said she was glad to hear that at least two other members of the Council seemed willing to allow the Library to continue to work on the design. Councilmember O'Donnell said that any percentages recommended by the Council at this stage would be approximate numbers and could be stated in terms of "roughly this or that amount" in order to avoid being too specific but to give some guidance. Mr. Isaacson said that interim drawings would be acceptable to the Library but not as a "pause" in the approval process. He said that the Library Agency wanted action to approve the applications in order to move forward with its plans. Mayor Slavitz said that "we are unequivocally on board with the [Library] expansion but not how big or how much." Mr. Isaacson replied that "we are at the CEQA stage, rather than the design stage," and that indecision was adversely affecting the fundraising efforts, as well. Town Attorney Danforth informed the Council that it still would have the ability to modify the design once the CEQA approvals and findings were made. She said that she heard the willingness of the Library to do an interim design, but that if the Council could not agree on the [CEQA] findings, it could not move forward at this time. Mayor Slavitz concurred with this point; he also said it was important to snake findings in order to start the clock ticking on any CEQA challenges. Town Attorney Danforth added that the Council could add the requirement to come back with a proposed design revision as part of the approvals. Councilmember Collins asked whether the Council could structure the findings to state that the view impact would be reduced to less than significant when it comes back to Council for design approval. Town Attorney Danforth responded that specific mitigation measures are not in place at this time to reduce that impact to a less than significant level, and the impact should be called significant and unavoidable at this juncture. Vice-Mayor Fraser stated that it would be "putting the cart before the horse'' to adopt the findings regarding view blockage before reviewing the sketch. It was noted that the Town Council had already voted to make this finding at the prior meeting. Mayor Slavitz said that the safer course of action was to find that the view impact was "significant and unavoidable". Town Council Minutes #22 -2011 November 2, 2011 Page 10 )EXHIBIT NO. Mayor Slavitz recommended going through the resolutions and ordinances one by one to see if the language was acceptable to the Council. Vice Mayor Fraser expressed concern that Condition No. 1 of Exhibit 2 (the general plan amendment resolution) misrepresented the intent of the Council at the prior meeting. He stated his belief that the intent was to reduce the significant and unavoidable view impact. Town Attorney Danforth responded that the condition of approval was intended to address the issue of the mass and bulk of the building as raised by Mayor Slavitz at the prior hearing, and not to address the view blockage impact, which is a CEQA issue. Vice Mayor Fraser respectfully disagreed with this interpretation and reiterated his desire to see the word "impact" used, rather than the word "impression". Vice Mayor Fraser suggested the following wording: "The building design and architecture shown on said drawings shall be revised to reduce the visual impact (rather than impression) of excessive mass, bulk and scale as viewed from Tiburon Boulevard. These revisions will likely require a reduction in square footage prior to approval of detailed site plans and architectural drawings by the Town Council. The Town Council intends that these design and architectural revisions submitted reduce the significant view blockage of Tiburon ridge and the open space from Tiburon Boulevard." Councilmember Fredericks respectfully disagreed, stating that impact is not the same as impression, as impact has a particular meaning under CEQA as a legal term. She found the proposed wording of the condition in the staff report acceptable. Councilmember O'Donnell once again suggested using an approximate number of square footage reduction. Vice Mayor Fraser said he had "moved away" from his earlier suggestion that more specificity was needed in this way. Councilmember Collins suggested revised language to strengthen the idea that in order to reduce the visual impact of mass and bulk from Tiburon Boulevard, a square footage reduction was likely needed. Councilmember Collins said he supported Vice Mayor Fraser's earlier comments that a reduction in mass and bulk still did not address the issue of views. He asked for a definition of "mass". Director Anderson said that as used by Town staff, it is an appearance of massiveness and that the term "bulk" was used synonymously. Councilmember Collins said the terms "mass, bulk and scale" are not helpful to his understanding of needed project revisions. Town Attorney Danforth said that view blockage had been identified as an impact of the project under CEQA, but that mass, bulk and scale is not treated as an "impact" under CEQA. She suggested separating the view impact issue from that of mass and bulk. She said that "an impact is not an impression" under CEQA. Town Attorney Danforth clarified that the word "'impact" should not be substituted for "impression" because it had a different meaning under CEQA. She said she thought the wording Town Council Minutes #22 -2011 November 2, 2011 Page 11 EXHIBIT NO. was acceptable as the Library had indicated it would work in good faith "to reduce the visual impression of excessive mass, bulk and scaled as viewed from Tiburon Boulevard"' by reducing the square footage and still meet the needs of the community. Town Attorney Danforth suggested that if the word "impression" was unacceptable, that the Council use some other word than "impact", suggesting "effect" or "consequence". Director Anderson suggested eliminating the words "visual impression of altogether from the sentence, and to have it simply state that "...said drawings shall be revised to reduce the excessive mass, bulk and scale as viewed from Tiburon Boulevard." He also incorporated the suggestions to strengthen the language in the following sentences in the same paragraph to read, "These revisions will likely require square footage reductions prior to approval of detailed site plan and architectural drawings by the Town Council" and that "The Town Council intends that these design and architectural revisions will reduce the significant view blockage impact of the Tiburon Ridge from Tiburon Boulevard." There was a discussion of what constituted a reasonable monetary contribution to intersection improvements; staff responded that it was normally based on a pro-rata share of trips generated. With these changes, the Council concluded its review and revisions to Exhibit 2, after also agreeing to incorporate the new condition number 9 dealing with parking, as prepared by staff. The Council turned to a review of Exhibit 1, the CEQA findings resolution. Councilmember Collins suggested strengthening the language in Exhibit 1, at page 11, dealing with parking. Director Anderson said a sentence could be added to state, "In addition, the Town Council has added a condition of approval that requires additional parking be provided." Collins also suggested the addition of language concerning the queue (left-turn lane) if it was not already included in the findings. The Council concurred. Regarding Exhibit 1, Section 4, Councilmember Collins asked whether the finding of a significant and unavoidable visual impact also meant the project was inconsistent with land use plans, as listed on P. 15 of Exhibit 1 under Impact LU-2. Director Anderson said that CEQA review of land use plan consistency did not look at conformance with individual policies, but rather whether a proposed project met the basic land use type and density or intensity criteria set forth in land use plans. On that basis, the environmental impact was not significant. Councilmember Collins requested that the words "may provide" be replaced with "provide" in the first paragraph under hnpact AES-1 on p. 16. He also recommended striking the phrase "approximately 60%" from the Finding paragraph on page 16, Impact AES-1, as well as the phrase from the vantage point used in the EIR photo simulations." The Finding would read, "Based upon the EIR and the entire record, the Town Council hereby finds that the view to the Tiburon Ridgeline would be blocked by the project. This visual impact would be significant and unavoidable if the project is to be approved." The Council concurred. Town Council Minutes #22 -2011 November 2, 2011 Page 12 EXHIBIT NO. ~ Councilmember Collins had questions of staff about the findings regarding the project alternatives on pages 18, 19, 20, and 22. Council concluded that these findings could be made and that no revisions were necessary. The mayor asked if there were any other revisions. Vice-Mayor Fraser suggested that the word "partially" in the first full paragraph on p. 16 was misleading. The Council determined that the word "partially" should be eliminated. The Council concluded its review of Exhibit 1 without further changes. In response to a question from the Mayor, Director Anderson explained that Exhibits 3 and 4 amended the zoning map; that Exhibit 5 amended the Point Tiburon Master Plan map; and that Exhibit 6 amended the Point Tiburon Precise Plan map. There were no Council questions or revisions concerning these other exhibits. MOTION: To adopt resolution Exhibit 1 (CEQA findings), as amended Moved: Fredericks, seconded by O'Donnell Vote: AYES: Unanimous MOTION: To adopt resolution Exhibit 2 (General Plan Amendments, Mitigation Measures), as amended Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous MOTION: To read Exhibit 3 (Ordinance Rezoning Property) by Title only Moved: O'Donnell, seconded by Collins Vote: AYES: Unanimous Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon rezoning certain property from OS (Open Space) to P (Public/Quasi-Public) Zone to accommodate an expansion of the Belvedere-Tiburon Public Library." MOTION: To adopt ordinance, as written Moved: Fredericks, seconded by O'Donnell Vote: AYES: Collins, Fraser, Fredericks, O'Donnell, Slavitz MOTION: To read Exhibit 4 (Ordinance Rezoning Property) by Title only Moved: Fredericks, seconded by Collins Vote: AYES: Unanimous Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon rezoning certain property from NC (Neighborhood Commercial Space) to P (Public/Quasi-Public) Zone to correct a prior mapping error." Town Council Minutes #2.2-2011 November 2, 2011 Page 13 EXHIBIT NO. (c-~' MOTION: To adopt ordinance, as written Moved: Fredericks, seconded by O'Donnell Vote: AYES: Collins, Fraser, Fredericks, O'Donnell, Slavitz MOTION: To read Exhibit 5 (Ordinance amending the Point Tiburon Master Plan) by Title only Moved: O'Donnell, seconded by Collins Vote: AYES: Unanimous Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon amending the Point Tiburon (Northwestern Pacific Railroad) Master Plan (PD#42) to accommodate an expansion of the Belvedere-Tiburon Public Library located at 1501 Tiburon Boulevard." MOTION: To adopt ordinance, as written Moved: Fredericks, seconded by O'Donnell Vote: AYES: Collins, Fraser, Fredericks, O'Donnell, Slavitz MOTION: To adopt resolution Exhibit 6 (Amending the Point Tiburon Precise Plan), as written Moved: Fredericks, seconded by O'Donnell Vote: AYES: Unanimous For clarification, Town Attorney Danforth asked whether the Library would be required to erect story poles when it returned to Council with the sketch drawings to be prepared, as a prelude to submittal of detailed design drawings. The Council confirmed that story poles should be erected for the sketch plan review. As its next step, Town Manager Curran noted that staff would return to the Council with a streamlining ordinance for the Library project at a meeting in the near future. 2. Alta Robles Precise Development Plan - Consider actions related to the Alta Robles Precise Development Plan and prezoning applications for the eventual subdivision of 52.2 acres of land, currently developed with one single-family dwelling into 14 single-family residential lots - Public Hearing closed on August 3, 2011: Item continued without discussion to November 16, 2011 PUBLIC HEARING ITEM 1. Plastic Bag ordinance - Consider adoption of an ordinance to add amend Title III of the Tiburon Municipal Code to add a new Chapter I OA (Single-Use Carry-out Bags) regulating retail establishments provision of single-use carry-out bags (Planning Manager Watrous) - Introduction and first reading of ordinance Town Council Minutes #22 -2011 November 2, 2011 Page 14 EXHIBIT NO. ACTION ITEMS 1. Belvedere-Tiburon Public Library Expansion Project - 1501 and 1505 Tiburon Boulevard; Consider Applications for General Plan Amendment, Rezoning, and Amendments to the Point Tiburon Master Plan and Point Tiburon Precise Plan and Take Related Actions Associated with a Proposed 17,000 Square Foot Addition to the Existing Library Facility (Director of Community Development Anderson) - Public Hearing Closed: Consider Adoption of Three Resolutions and Three ordinances related to the Project Mayor Slavitz said that the public hearing on the matter had been closed and that the Council would continue its deliberations tonight. Director Anderson gave the staff report. He said that at its October 5, 2011 meeting, the Town Council held a public hearing on this project, closed the public hearing, voted to certify the environmental impact report for the project, and held first reading of ordinances rezoning properties and amending the Point Tiburon Master Plan map. He said the item was continued to the regular meeting of October 19, 2011 in order for the Town Council to continue its deliberations on the library expansion applications to resolve some outstanding issues, as described in the written staff report. The first issue was the scale of the building additions, which was mentioned most often by persons not favoring the project. The Planning Commission recommended that the Council consider the feasibility of reducing the size of the addition. Anderson noted that the Town Council has the authority to reduce the size of the project to reduce environmental impacts and/or achieve consistency with Town goals and policies, including those protecting scenic views, the small-town village character of Downtown, and appropriate scale and bulk of buildings. He recommended that any such direction be of sufficient specificity such that the applicant will have a high degree of confidence that only minor refinements would be required during review of subsequent detailed site plan and architectural drawings. The second issue was the significance of the view blockage of the ridge. In certifying the EIR, the Town Council postponed a determination as to whether the visual blockage of the Tiburon Ridge from Tiburon Boulevard would be a significant and unavoidable impact of the project. Anderson described the three options for the Council as set forth in the written staff report. Anderson stated the third issue was the wetland setback policy (OSC-20), and noted the two options laid out in the written staff report. Anderson also addressed the issues regarding Town hall expansion and entryway concerns that had been raised at the October 5th meeting, summarizing the contents of the written staff report on those matters. Mayor Slavitz asked if there were any questions of staff from the Council. Town Council Minutes #21 -2011 October 19, 2011 Page 3 NO.. 77 The Mayor asked whether an analysis of the pros and cons of Alternative B (design showing an expansion behind the existing building) and Alternative C (one-story design) could be provided. Director Anderson said that no document provided a direct comparison of these two alternatives, although the EIR compared both alternatives to the original project in terms of impacts. He said this comparison included an analysis of three building alternatives (B, C, and D), as well as the No Project Alternative, which was Alternative A. Anderson described the three "build" alternatives, and stated that Alternative B envisioned a second building behind the existing library, connected over the sewer easement by a corridor, with 62 parking spaces being provided. According to Director Anderson, Alternative C was a one-story alternative with the top floor of the originally-proposed project "lopped off' and the square footage cut in half; Alternative D would shrink the building and move it away from Town Hall, move parking farther away from the Marsh, and would provide a 50-foot setback from the Marsh. Anderson said the Library had subsequently agreed to make this design (Alternative D) its project. Director Anderson said a table existed in the revised Draft EIR comparing the original project to each alternative in terms of impacts, but that there was no similar comparison between all the different alternatives themselves. Anderson reviewed the pros and cons of Alternative B ("courtyard scheme") to Alternative D. He said on the "pro" side, it would eliminate the impact of view blockage from Tiburon Boulevard and provide more parking, but that there were CEQA downsides in that it would be closer to the marsh and would increase water quality impacts through increased grading. The EIR concluded that the biological impacts from Alternative B would be significant and unavoidable. From a policy standpoint, Anderson said that while Alternative B improved General Plan consistency with preservation of scenic views and provided ten more parking spaces, it would conflict with the Downtown Element policies regarding design and site layout that encourage buildings near the street with parking hidden behind. He also said that the Library Agency had indicated that the two-building design in Alternative B was functionally inferior. Vice Mayor Fraser asked if there were any guidelines or standards concerning the distance between handicap parking spaces and the front entry of a building. Director Anderson said that he was not aware of any. He added that these spaces needed to be the closest ones to the building; also, that staff had not evaluated distance issues in context of this application. Councilmember Collins said he was concerned about the impacts on the biological resources in Alternatives B versus D. He asked what the impacts of Alternative B were based on 50 or 100- foot setbacks. Town Council Minutes #21 -2011 October 19, 2011 Page 4 EXHIBIT NO. 7 Director Anderson said the EIR compared the original project with the alternatives and that the original application came within 25 feet of the wetlands area. He said that Alternative B was still closer than Alternative D, and that as a two-story building, the biologist said it would have even more impacts on the marsh,(such as the creation of shade, that were not associated with an at- grade parking lot. Councilmember Collins said that the EIR recommended a 50-foot setback and he wondered if that would be applied to Alternative B. Director Anderson said Alternative B, as analyzed in the EIR, encroached closer than 50 feet to the Marsh shoreline. Councilmember O'Donnell commended the Library applicants for its fantastic presentation, as well as all the people who had written letters commenting on the project. O'Donnell said that he supported the Library expansion plans and Alternative D, but acknowledged that there were outstanding issues. O'Donnell said that there were two points of view about the issue of view impact. He said that he considered the view of the Old St. Hilary open space to be a "fleeting view" experienced by walkers, joggers, and drivers passing the site, and that it was not view blockage pertaining to a residence or business. He said that the view would be enhanced for users of the library, and that the design (Alternative D) would still leave a view corridor, and that there would be an enhanced view from the parking lot at the rear of the building as well. O'Donnell said he viewed this as a "trade-off' to view blockage. Councilmember O'Donnell said that there were ancillary issues associated with the project, namely the traffic light mentioned in the EIR. O'Donnell said that he would like to put a rotary (roundabout) at the intersection of Mar West and Tiburon Boulevard that would force cars to slow down at this busy intersection and would have the added benefit of creating a "bookend" in the downtown with the other roundabout located at Tiburon Boulevard and Paradise Drive. With regard to parking, O'Donnell said that the Library and the Town should take a look at the lot next to Town Hall and see what can be done to acquire parking in that location. He said there might be an opportunity for a change in ownership and that it would not only provide more parking, it would provide a "green space" that would help mitigate the loss of views. Councilmember O'Donnell said that the handicap spaces in the proposed parking lot for Alternative D were not sufficient for access to Town Hall. He recommended that the spaces go in front of Town Hall, along Tiburon Boulevard. With regard to encroachment to the marsh, O'Donnell said that he concurred with the Planning Commission's analysis that a 50-foot setback was adequate and that even a small separation wall might be appropriate. As for square footage and programming inside the Library, O'Donnell said that it should be left up to the Library Board and its director to figure out. He said he was in favor of the two Town Council Minutes #21 -2011 October 19, 2011 Page 5 EXHIBIT NO. -2 commercial establishments inside (a bookstore and a cafe) and that they made sense and would enhance the atmosphere of the newly established plaza. He recommended that the Council simply look at the exterior of the building and the building envelope. O'Donnell commented on the perception of large scale and mass of the building. He said that the previous Council had approved roughly the same square footage, and had chosen Alternative B (expansion in the rear of the building). He said he liked it, too, however, he now favored the ``civic plan". He noted that the General Plan that had been adopted since that previous review and that the General Plan favored parking behind the building. He said that current design of the civic plaza alternative needed some further discussion, and that maybe the mass and scale issues should also be discussed within Alternative D. O'Donnell said that the forefathers had done a good job planning the Library and that the expansion was also necessary. He agreed with the sentiments expressed in Jim Levorsen's letter saying that the current planning should be thought of as future planning, for users 25, 50 and more years from now. Councilmember Fredericks said she agreed with Councilmember O'Donnell. She said she also wanted to comment on the view issue and the issue of whether the design was consistent with the ``village character'' of the Town. She said the biggest concern expressed was view loss and she showed several videos she had taken as she walked past the current library in both directions. She said that the view gained from the [new] promenade would be a trade-off from the "momentary views" of drivers and walkers. She acknowledged that the way views are "perceived" by different people is diverse. But she said that the question was one of whether the view loss could actually be reduced by reducing the size of the library. She said that the views gained in the promenade could be used by the Council to support the findings of overriding consideration. Councilmember Collins also commended the Library for its work and acknowledged the importance of libraries to his career and to society as a whole. Collins said that "we all get it" about the need for viable libraries, however, he said that he did not "see" the view issue in the same way as the previous speakers. He said the site of the library expansion was in the "wrong location" because of the view loss, primarily. He said he did not "buy" the argument of an enhanced view, and that the view corridor that would be created would resemble a tunnel. He said that the proposed walkway was "squeezed to a width of nine feet" at its narrowest place in the corridor, and that if there were trees in the promenade, as shown on some of the drawings, the view within the corridor would be blocked further. Collins said that overall, he thought of the view loss as closer to 80% rather than 60%. He said he had concluded this by approaching Town Hall starting at 50 feet beyond the south end of the existing library building and viewing from there through the existing space between the buildings. He said this loss of view was significant and could not be mitigated. Collins also said he did not favor the idea of large building side-by-side with the smaller Town Hall. Councilmember Collins said Alternative B was better because it would not create view blockage and that the distance that it would encroach in the rear toward the Marsh could be mitigated. Town Council Minutes #21 -2011 October 19, 2011 Page 6 EXHIBIT NO. With regard to parking, Councilmember Collins said there would not be enough parking added, even with mitigation measures. He said the Town would not approve a retail application that did not have enough dedicated parking and that the Town could not control what will happen in the lot next to Town Hall. He said that the Library application should only be approved subject to dedicated parking being ensured. He added that there were no statistics provided nor was a study performed as to how many people would visit the new, expanded library. Councilmember Collins commented on the trash area behind Town Hall that currently takes up three parking places. He asked where it would be located in the new plans. The architect pointed out on the drawings that it would be located just off Mar West Street, in the new parking lot (at a greater distance from Town Hall). Collins also said he objected to the idea of Town employees having to park at the Beach Road Tennis Court lot and said there were only 20 spaces, some of which were full when he visited the site. Councilmember Collins said that the Mill Valley Library had only four on-site parking spaces but that curbside and street parking in the immediate vicinity totaled approximately 60 spaces, and that there were additional public lots nearby. As for size of the programming room, Councilmember Collins commented that by way of illustration, the Town Council Chambers was approximately 1,350 square feet; he said the new Library Community Room would be approximately a third larger, and that likewise, the size of the Children's area would be approximately one-third larger. Councilmember Collins said that in his discussions with roughly 20 people, not one of them favored the size of this library expansion. He said he would not favor it unless the addition was in the back of the existing library where it would not "dwarf' the Town Hall, and such that there were no issues of parking impacts to the marsh or that would preclude any future expansions of Town Hall. Vice Mayor Fraser echoed the good work done by the Library and concurred that reasonable minds could come to different conclusions. He said he was in favor of the expansion plan because it would be an enhancement to the community as a teaching and learning center, an informal gathering place, as well as all of the other existing services provided by the library. He said the expansion, however, it was a "matter of degree" and the goal should be to "strike a balance" and the Council should weigh the issues in accordance with the Town's General Plan (the Town's "Constitution"), the applicant's application, and the wishes of the community. The Vice Mayor said that the Planning Commission did a stellar job in its review and he said the issues to be resolved were how to reduce the scale of the building, and how to preserve the views. Fraser said he was on the Parks and Open Space Commission and Planning Commission prior to his service on the Council; he said the single most important value expressed by the community was (first) its open space and (second) view preservation. He said that the view from the Library was "not just any view" but the view of Old St. Hilary, which was one of the five significant landmarks in the Town. He said he could not find a definition of "fleeting view" Town Council Minutes #21 -2011 October 19, 2011 Page 7 NO. EXHIBIT anywhere in the Town's guidelines or General Plan and therefore could not use it as a measure. He said he appreciated the view every time he jogged by the buildings and said that the human eye had a "wider view" than a camera. He said that, in his opinion, "a view is a view is a view", and that "open space is open space". Vice Mayor Fraser also said that he didn't believe that the legacy of this council should be one-where we eliminate the "view to Old St. Hilary's and the surrounding open space", one of Tiburon's five historic landmarks. Vice Mayor Fraser asked whether a second story could be added on to the original, existing building. He said he had posed the question to a friend who was an engineer who said that an analysis would have to be done. He suggested that the Council might ask for such an analysis. Vice Mayor Fraser said that perhaps with a new design, a solution could be found to address the issue of view blockage, as well as a solution to gain consistency with the Town's Downtown Guidelines and General Plan. He recommended against setting a precedent by blocking the view of a significant ridgeline and significant landmark. Fraser concluded his remarks by seconding Councilmember O'Donnell's recommendation for a roundabout, and suggested that it be made a condition of approval of the project. He also said that more work needed to be done on the parking issues. Mayor Slavitz echoed these remarks and those of the previous speakers. He congratulated the Library for its work on the application. He noted the importance of a library as an institution that takes a person from "the cradle to the grave." But Slavitz said it was clear that there were different points of view on the Council as to how to proceed with the expansion. Mayor Slavitz said he favored the expansion but had concerns about the scale of the design. He said he loved the simpler, more subdued design of the existing building, where the roofline went from bigger to smaller. He said the proposed designed went the other direction, from smaller to larger and amplified the mass and bulk with its height and dormers, especially on the right side. Slavitz said the design "needs to change" to become more subdued and to have a less "domineering" exterior. He said that he was only concerned with the exterior and not the interior [programming]. With regard to view loss, the Mayor said this was the subject of a huge debate 15 years ago when the library was built, and although it was not as substantial a loss to him as to others, he said that a new design might help restore the views. He said he would not recommend a specific alternative (such as Alternative C) but said that views from all angles and directions should be included. He said he agreed with the Planning Commission that the expansion would have a significant, unavoidable impact on views, which might be lessened with a new design. Slavitz said he, too, was concerned about parking, especially if patrons of Town Hall are inconvenienced by a long walk. He also said that asking Town employees to park at the Beach Road lot was too far away. Town Council Minutes #21 -2011 October 19, 2011 Page 8 EXHIBIT INTO. 7 Slavitz noted that the library expansion construction was "a ways off'. which might allow time to work out a parking arrangement or perhaps acquire a portion of the Abrams' lot next to Town Hall. He said he was confident that more patrons would come to an expanded library, but then where would people park their cars? He said that there was not enough police to enforce limited- time parking. With regard to distance to the marsh, the Mayor agreed with the Planning Commission's comments regarding OSC 20, and said that the setback from the marsh should be a minimum of 50 feet. Lastly, Mayor Slavitz said that he loved the idea of a roundabout at Mar West Street, but noted that it was ultimately a CalTrans decision. Councilmember Fredericks commented on parking. She said that when she lived in Mill Valley, there was a lot of competition for parking near the library because of the school. She said that people would find places to park here even if there was extensive use of the library and that the patrons would "make this work" like they do in Mill Valley. Fredericks also commented that the Library's application was not just another development application but that of a public agency which provided a cultural benefit to the town. She said that it was open to all, with no fees or membership dues, and that all these things taken into account were values that could be part of the statement of overriding interest. She also said that the alternative plan being offered by the Library was consistent with the Town's Downtown plan. Councilmember O'Donnell said that a similar statement could be made about how open space is valued in the community. He said that the view in question was from thousands of different vantage points but that new vantage points would be gained from the promenade. Mayor Slavitz asked for any further comments about Alternative B (two-story design). Vice Mayor Fraser said that the question for the Library was how to get as much space as was needed without the impacts. Glenn Isaacson, Library Project Manager, clarified that the Library had indeed consulted with a structural engineer who had stated that it was infeasible to put any more weight onto the existing building because of its floating foundation and how it was structured. He said it would be difficult enough to design a new foundation for the expansion. Architect Jennifer Devlin, representing the Library, complimented the Council for its thoughtful consideration. She reviewed some of the elements of the two most favored alternatives. She said the one-story alternative, which would require a utility easement crossed over by a narrow bridge, would be closer to the wetlands, and would put the same mass in a different location. She said that having two distinct buildings created some inefficiencies and duplication of services. Town Council Minutes #21 -2011 October 19, 2011 Page 9 EXHIBIT NO. Councilmember Collins asked for clarification of why two buildings were considered inefficient; he also asked whether the children's library section might be in a separate building. Ms. Devlin said that the latter might be possible. Councilmember Collins asked if a smaller building had been considered, and to be moved farther away from the marsh. Ms. Devlin said no, but that such an idea would have to be carefully studied as to whether it would meet the programming needs of her client. Mayor Slavitz said that the EIR gave the parameters to move ahead with the project and that design refinements could be made going forward. He asked how the mass could be reduced without sacrificing much needed space. He said it was remarkable the way the existing library took a 2nd story roofline and reduced it to a one-story on one side. Councilmember Fredericks asked about whether the roofline closest to the street could be "tweaked" as suggested by her fellow Councilmembers. Ms. Devlin said that the roofline appeared taller in the drawing than it actually was. Mayor Slavitz asked about ceiling heights. Ms. Devlin said that it was 10.5 feet on the first floor (in the proposed plans) with A/C and ductwork above, and that the plate height was 8.5 feet. Ms. Devlin's colleague, Andy Sohn, indicated that the elevation was 40 feet from grade. Councilmember O'Donnell asked if the height could "match" the Town Hall; he also pointed out that there were disconcerting inconsistencies in the drawings. For instance, he said that some sheets of the drawings showed chimneys and balconies, while others did not. O'Donnell wondered whether the solution might be to find a square footage that the Council was comfortable with, then look at the mass and scale. He noted that the previous Council approved a 17,000 square foot expansion and later had asked the Library to move it to the front. Vice Mayor Fraser reiterated that the Council did not need to tell the Library how to plan its space, however, he thought that with most plans, prioritization of "need to haves" and "nice to haves" is always needed. He said he thought it would be difficult to just approve an amount of square footage, for that isn't really the real issue, the issue is overall size, mass, and view blockage He recommended that the scale be reduced as a way to move forward with the project. Councilmember Collins disagreed with the statement that the previous Council had asked that the expansion be moved forward (toward the street). He asked whether the Town had reviewed that application under CEQA. Director Anderson confirmed that an initial study had been prepared for the 2004 library project. He noted that the provision of additional on-site parking was a mitigation measure for that project, and that the location of such parking had never been finalized. He said the Library did not file any subsequent applications based on that 2004 approval. Town Council Minutes #21 -2011 October 19, 2011 Page 10 EXHIBIT NO. 7 Councilmember Fredericks said that the perception was that the Town had "adopted" the plan in 2004 and then the Library was "encouraged" to move forward with a design that would be more consistent with the General Plan. She said the Library's understanding was that it thought the new design was in the best interests of the Town. Mayor Slavitz said that he favored the direction of Alternative B which would solve the view and mass issues, and provide parking, and seemed to only have the potential problem (for the Library) of obtaining an easement over the sewer line. He said that he did not like the other alternative because of its design of one continuous mass along Tiburon Boulevard. Ms. Devlin said that while not committing to a reduction in square footage, the idea of "stepping down" the transition of the building to reduce the appearance of bulk and mass could be explored. She noted that the Library had already dropped 1,000 square feet from the recommendations in its needs assessment. She said she thought modifications could be made to the roofline but that a one-story design would be "extremely challenging" for the space needs of the Library. Mayor Slavitz asked whether the Library was taking a fixed position on the need for 18,000 square feet. Mr. Isaacson said that between now and the design review hearing, the Library would consider all of its options. Mayor Slavitz asked staff how much specificity it sought tonight from the Council. He said that two members seemed comfortable with the current application, two indicated that a smaller building would be preferable, and one member said that it should be located elsewhere. Councilmember Collins clarified that if the view impacts could be reduced to less than significant, he would not oppose the expansion in the current location. Vice Mayor Fraser agreed, stating that the view impacts needed to be less than significant in order to gain approval from the Council. Councilmember Fredericks said that despite what her personal views of the issue might be, she still thought that it would be possible for the Council to make a statement of overriding consideration in the matter of view impact. Mayor Slavitz asked if an intennediate meeting might be necessary before any action could be taken. Town Manager Curran suggested the Mayor might wish to solicit the opinion of the Library as to whether it had received adequate direction to move forward with the project. Curran then summed up the Council's different viewpoints. She noted that four of the Council favored the Civic Center design, two were generally satisfied with the size and two less so. There remained an outstanding question of whether and how to reduce the scale, with or without a reduction in square footage. She said staff would return with findings to be adopted by the Council at the Town Council Minutes #21 -2011 October 19, 2011 Page 11 EXHIBIT NO. -7 November 2 meeting, and that the outstanding design issues would be addressed after the first of the year. Town Attorney Danforth said that the Council needed to reach consensus on the outstanding issues itemized in the staff report and make findings. To clarify the record (in the event of legal challenge) she recommended that the Council find that it could not mitigate the view impact at this time and that accordingly, that impact was significant and unavoidable. She said that this would in no way "handcuff' the Council in its ability to do a thorough design review in the future. She offered the suggestion that the Council could give direction or make a condition of approval that the Library reduce the view impact at the design review stage of the project. She noted that the current applications before the Council were General Plan and Precise Plan amendments, rather than design approval. Councilmember O'Donnell floated the idea of providing direction in the fonn of a reduction in square footage, suggesting a 5% reduction. Mayor Slavitz said that simply reducing the size did not address all of the issues; he said it was in the Library's best interests to return to the Council with a new sketch or drawings showing mitigation of the some of the perceived problems with the current design. Vice Mayor Fraser agreed that providing a "number" was improper direction, and that the scale of the building and the view of the open space had to be addressed by the Library. Mayor Slavitz added that it did not feel right to take action on EIR matters before the design issues were fully addressed. Town Manager Curran recommended that the Council find a way to gain closure where it could it order to move forward. Director Anderson recommended finding some closure on the issues stated in the staff report, in order to move forward on any of the other actions. The Town Manager suggested that the Council choose one of the three options laid out in the staff report regarding the significance of the view blockage issue. Councilmember Collins asked if the Council could make a finding to require, rather than expect, the applicant to come back with a design that would remove the [view] issue. Vice Mayor Fraser said that even the two EIR consultants had differing opinions about the view impacts. Director Anderson clarified that the consultants gave their opinions for two different project designs. Town Attorney Danforth said that currently, the Council did not have a specific mitigation measure in place to resolve the view impact, so she recommended the more conventional practice of making the finding of significant and unavoidable impact, with perhaps additional language stating that the Council would expect the applicant to mitigate this impact. Town Council Minutes #21 -2011 October 19, 2011 Page 12 EXHIBIT NO. The Town Council then voted unanimously to declare the visual impact significant and unavoidable, and to concur with the Planning Commission's recommendation that no amendment to Policy OSC-20 was required. Director Anderson indicated that the Council discussions of size and scale contained adequate direction to return with a draft condition of approval in the resolution. Director Anderson noted that a majority of Council 'Members indicated that adequacy of parking was still a concern, and that there was a Council desire to explore a roundabout, or equivalent mitigation, in lieu of a traffic signal, at the Mar West Street intersection with Tiburon Boulevard. He also said it was noted that the Council wanted conditions of approval for the parking issues with regard to the amount of spaces, parking for patrons of Town Hall and staff, and nearby disabled parking. He said that the Town and the Library would attempt to address these issues for future project consideration. Vice Mayor Fraser said it was important for the Town to focus on the roundabout regardless of what CalTrans warrants might imply. Councilmember O'Donnell agreed, stating that it was already a dangerous crosswalk for bicyclists and pedestrians, and that pedestrian traffic would surely increase in that vicinity, where the multi-use path ended. Councilmember Fredericks asked if there was a way to make the crosswalk more obvious, since it was difficult to see because it was lower than roadway for eastbound car traffic. Director Anderson said that these matters could be looked at during design review. In concluding the report, Town Manager Curran noted that there appeared to be four members of the Council who supported Alternative D, with further refinement. The Council unanimously continued the item to November 2, 2011. 2. Pension Reform - Request of Councilmember O'Donnell, Tiburon's representative to the Marin County Council of Mayors and Councilmembers committee to study pension and other post-retirement benefit reform, for consideration of a Resolution in support of pension reform efforts (Councilmember O'Donnell, Town Manager Curran) Town Manager Curran gave a brief report on the proposed resolution which she said was recommended by the MCCMC Pension Reform Committee, of which Councilmember O'Donnell was the Town's appointed representative. Curran said that the resolution had been modified slightly to be relevant and specific to the Town of Tiburon and reflect the fact that the Town had already implemented some of the proposed recommendations. She also noted that the resolution sets forth ideas that might be appropriate for future Council consideration. Town Council Minutes #21 -2011 October 19, 2011 Page 13 EXHIBIT NO, 7 3. Marin General Services Agency - Adopt resolution extending the Marin County Abandoned Vehicle Service Authority Vehicle registration fee until April 2022 4. 2011 Street Improvement Project - Authorize award of contract for the Trestle Glen Boulevard and Paradise Drive 2011 Street Improvement Project to Team Ghilotti, Inc., and adopt amendment to FY 2011-12 budget to complete the bid alternate (Director of Public Works/Town Engineer Nguyen) 5. Storm Drain Maintenance Project - Authorize award of contract for the 2011 Storm Drain Maintenance Project to Roto-Rooter (Director of Public Works/Town Engineer Nguyen) 6. Wireless Communication Facilities Amendment- Consider amendment to Title IV, Chapter 16 (Zoning) of Town Code to create an additional exemption fi-om the Conditional Use Permit Requirement for Wireless Communication Facilities (WCFs) - (Planning Manager Watrous) - Final adoption of ordinance continued without discussion to October 19, 2011 regular meeting PUBLIC HEARINGS 1. Belvedere-Tiburon Public Library Expansion Project- 1501 and 1505 Tiburon Boulevard; Consider Certification of Final EIR and Project Merits of Applications for General Plan Amendment, Rezoning, and Amendments to the Point Tiburon Master Plan and Point Tiburon Precise Plan Associated with a Planned 17,000 Square Foot Addition to the Existing Library Facility (Director of Community Development Anderson) Mayor Slavitz briefly outlined meeting and speaker protocols, stating the meeting would conclude by 10:30 p.m. and be continued. Director of Community Development Anderson gave the staff report, a brief description and history of construction and increased patronage over time of the Belvedere-Tiburon Public Library building, which has led to the necessity to the proposal for expansion. In December 2008, Belvedere-Tiburon Library Agency (BTLA) filed applications proposing expansion which included General Plan amendments, rezonings, and amendments to the Point Tiburon Master Plan and Point Tiburon Precise Plan. The project has been reduced and refined to address environmental impacts and improve General Plan policy consistency. A prior 2004 approval was not pursued for a location behind the existing building on a portion of Zelinsky Park. Mr. Anderson said what is not before the Council is final design, which will be considered in the future, and described the purpose of the meeting, to: 1. Hold a public hearing; 2. Consider the recommendations of the Planning Commission regarding the project EIR and the land development applications; 3. Certify the EIR for the project; Town Council Special Meeting Minutes #20-2011 October 5, 2011 Page 2 EXHIBIT NO._&_ 4. Deliberate on the merits of all applications and the expansion project and provide direction to the applicant; and 5. Consider introducing and holding first reading of three ordinances and continue the item to a specific date for possible final action on the ordinances and on resolutions associated with the applications. The project design and layout has been modified over time and last month the BTLA abandoned the original design in favor of a design based on "Alternative D" in the EIR, with some slight architectural and site layout refinements. The latest design is called "Refined Alternative D". Mr. Anderson stated that a 3-volume EIR had been prepared for the project, and he summarized the key findings of the EIR regarding aesthetics, air quality, biological resources, land use and planning, noise, and transportation/parking. He explained that the EIR examined four alternatives to the project, which included a "No Project" alternative (Alternative A), three on-site development alternatives (Alternatives B, C and D). Alternative A (No Project) was deemed the environmentally superior alternative, but Alternative D was identified as the environmentally superior alternative among the "build" alternatives studied. He stated that although Alternative D would not avoid significant impacts on air quality, noise or ground vibration, the EIR concluded that with mitigation, it would reduce impacts on Railroad Marsh plants and wildlife and impacts on scenic views of the Tiburon Ridge to less than significant levels. The Planning Commission disagreed with the latter impact conclusion. Mr. Anderson noted that staff has reviewed the Refined Alternative D layout and found it to be very similar to Alternative D in site planning and layout and also in terms of potential environmental impacts. Mr.-Anderson discussed the proposal's conformance with Town plans and regulations, for General Plan consistency, Zoning Ordinance confonnance, and other applicable plans. He said the Town has received numerous letters and e-mails regarding the project merits as well as late mail received, in support of and in opposition to the project, with opposition focusing on the following issues: ■ Objection to the conversion of open space land between the Library and Marsh ■ Objection to moving parking father away from the Town Hall building ■ Objection to the scale, need, and cost for a much larger Library facility ■ Objection to the loss of views from Tiburon Boulevard opposite the proposed addition Mr. Anderson indicated that there were several issues remaining to be resolved, and noted that the balancing of benefits provided by a major public project versus environmental impacts and community character issues is one of the more challenging aspects of being a Councilmember. He said that remaining issues include the scale of the expansion, significance of visual impact on the ridgeline, biological impacts on Railroad Marsh, Policy OSC-20 regarding wetland buffer setbacks, parking adequacy, and Mar West Street intersection improvements. Mr. Anderson stated that the Planning Commission recommended certification of the EIR while disagreeing with the EIR's finding of a less-than-significant impact regarding scenic view impacts from Tiburon Boulevard for Alternative D. The Planning Commission recommended approval of the Town Council Special Meeting Minutes #20-2011 October 5, 2011 Page 3 EXHIBIT NO. various applications, but recommended that the Town Council "consider the feasibility of reducing the size of the project". The Commission also recommended adding certain mitigation measures, and imposed additional conditions regarding intersection improvements, parking lot layout and circulation. He said that staff supports the Planning Commission recommendations as reasonable, appropriate, and based on sound environmental and policy considerations, and recommended that the Town Council: 1. Hold a public hearing on the project and close the public hearing. 2. Consider adoption of the Resolution certifying the project's EIR. 3. Time allowing, deliberate on the land development applications and provide any desired direction to the applicant. 4. Time allowing, introduce and holding first reading of the three ordinances regarding the rezonings and the amendment to the Point Tiburon Master Plan. 5. Continue the item to the meeting of October 19, 2011. Councilmember O'Donnell said one interesting aspect of Alternative D with parking in the rear is the potential to change the intersection of Tiburon Boulevard and Mar West. He emphasized that no traffic study was prepared for this, and it seems that information presented to the Planning Commission is nebulous as to the type of configuration and whether a signal would or would not be required. He thinks this is part in parcel to the project and is of community interest. Mr. Anderson responded that traffic was identified at the outset as an impact. A detailed traffic study was performed by DKS and used the Town's traffic model and factoring in the library development, which concluded that eventually at build-out of the peninsula Mar West Street will need a traffic signal. However, the traffic consultant also concluded that the library project alone will not get it to that point. Their recommendation was that the Town require a reasonable contribution towards the eventual funding of a signal. Caltrans also pointed out that the left-turn pocket needed to be extended, which he said is a recommended condition of approval on the project. Councilmember O'Donnell asked if there was consideration to do a roundabout or rotary at that location. Mr. Anderson replied this was not part of the traffic study. Vice Mayor Fraser voiced concerns about crosswalk safety, pointing to the increased traffic situation at the library. Councilmember O'Donnell again suggested incorporation of a roundabout, which he said may help mitigate traffic coming into Town. He directed the Council's attention to the existence of a round-about at the other end of Town which he believes creates a positive community feel. Mr. Anderson acknowledged his concerns, but said this suggestion is complicated by the fact that Caltrans owns and maintains the roadway. Roundabouts are not typically seen on state highways; however, the topic can be broached and in fact the Town is in the process of hiring a traffic consultant to look at both the Mar West Street and Beach Road intersections for traffic circle feasibility. In the meantime, any monetary contribution from the Library could be put toward a traffic improvement other than a signal if such other improvement can receive the required approvals. Town Council Special Meeting Minutes #20-2011 October- 5, 2011 Page 4 EXHIBIT ISO. Mayor Slavitz referred to the chart on page 64 of the EIR, which shows a before-and-after parking analysis for the project. Before the building expansion, there are 58 spaces; 27 are for the library and 31 are for Town Hall. After the expansion, 74 spaces are needed for the library and 31 for Town Hall, totaling 105 spaces. The new lot would be 52 spaces with a deficit of 53 spaces which he questioned, noting there is also no parking proposed in front of the library. Mr. Anderson explained that the summary analysis is based on figures generated by the Institute of Transportation Engineers. In doubling the size of the building, they assume a doubling of the required parking and of traffic generation. They assume a straight-line calculation, resulting is a situation which would be substantially under-parked. One of the ways the Library and Town Hall function today is that employees of the Town and Library park off-site with a lease arrangement. All parking on-site is available for Library patrons and Town Hall customers. Normally, the on-site parking figures would take into account both workers and visitors. Mayor Slavitz confirmed that the consultant provided a list of mitigation measures that would get much closer to the 74 parking spaces, some of which include things like implementing 2-hour on- street parking. He noted that Town Hall employees park in the Abrams lot next door and he asked if the fleet vehicles could park there, as well. Mr. Anderson said they may, or they may end up in the new lot, which will be shared between the Library and Town Hall. He added that the storage container in the parking lot is expected to be removed in the near future. In response to Mayor Slavitz' question regarding the plan's inclusion of street parking, Mr. Anderson said the EIR traffic consultant has indicated there is relatively a large supply of on-street parking nearby that is available for use, and that parking located further away is also not counted but could be utilized for major events. Councilmember Collins asked whether or not the expansion project may limit any Town Hall expansion plans in the future. Mr. Anderson replied yes; with Zelinsky Park relocated behind and the proposed Town Plaza in between, other than construction of additional floors, Town Hall is not likely to expand. City Manager Curran added that the current plan is to build the Ned's Way recreation facility and move the Recreation Agency out to that site, freeing the upstairs for Town Hall use. If this does not come to pass, should there be a need for Town Hall expansion the next option would be to secure an alternative off-site location for Recreation Agency staff since they do not need to be in the Town Hall building to fulfill their function. Mayor Slavitz asked for clarification that the project would create additional vehicle miles traveled (VMT). Mr. Anderson said the Bay Area Air Quality Management District (BAAQMD) plan says if a community is approving a General Plan Amendment, which will also result in more vehicle miles traveled, it is an automatic conflict with their plan and is deemed a significant impact. Councilmember Fredericks referred to parking need and said she was thinking about how the library square footage would be represented in parking needs because it is not the same thing as a place whose major push is to hold large events. She asked how the number of people per square feet would apply in this case and asked for other models to give some people some level of certainty. Mr. Anderson said staff found a broad range of parking ratios for libraries with no hard and fast number Town Council Special Meeting Minutes #20-2011 October 5, 2011 Page S EXHIBIT NO. & as a standard. He believed that to some degree each library is unique in the types of functions and facilities they have, and staff and the consultants found no industry standard, so chose one in the middle of the range. Councilmember O'Donnell pointed out a paradox between the EIR analysis finding that the Town's population and use is not growing and the Air District's position on additional vehicle miles traveled from increased use and need for parking. Mr. Anderson recognized the increase in usage and demand for parking, but said there will not be a straight-line relationship between the increased square footage of the building and increased parking demand and trip generation, even though the models used for parking and trip generation in the EIR assume such a straight-line increase. Staff said they were unaware of any model that is sophisticated enough to estimate incremental traffic and parking increases for expansion of an existing library building, noting the parking demand and traffic generation would increase somewhat with the expansion, although not by 2.5 times like the square footage of the library building. Vice Mayor Fraser questioned the timing for construction of the project, assuming some form of project is approved. Mr. Anderson deferred this question to Library representatives, and clarified that the general plan amendment, rezoning, and master and precise plan amendment applications before the Town Council this evening do not expire with time. Once the design application comes to the Council, presumably the Council will exempt it from the zoning ordinance and can set a time limit on that approval. Councilmember Collins questioned and received confirmation that if the zoning ordinance is changed and the General Plan Amendment is approved, this does not limit future amendment by future Councils and/or Planning Commissions; although once the Library has begun physical construction of the addition, the project is legally vested. Mayor Slavitz asked whether the option of a two-story parking structure was explored. Mr. Anderson acknowledged previous consideration for a podium-style parking structure behind the library building and confirmed that the EIR consultant was asked to look at this as an alternative. He stated that the EIR consultant found that such a structure would worsen biological impacts compared to at-grade parking and could not be considered as an alternative that would reduce project impacts. Mayor Slavitz questioned and confirmed that if the proposal moves forward there is current capacity for all Town Hall fleet cars to be parked in the Abrams lot, though this has not been broached with the owner of the adjacent lot. He then asked for the applicant's presentation of their project. Beverlee Johnson, Chair of BTLA, stated the Library project is well thought-out and beautiful. It supports the General Plan policies and will greatly benefit the community. It is a result of close collaboration between BTLA, the design team, and the Town's planning staff. She provided a brief overview of the history of the project as previously described by Mr. Anderson, said they selected a team of architects who prepared conceptual drawings and a firm specializing in library design that prepared the needs assessment. She then introduced the design team who were available to answer questions. Town Council Special Meeting Minutes #20-2011 October 5, 2011 Page 6 EXHIBIT N0. Deborah Mazzolini, Library Director, summarized key findings of the needs assessment and building program and said information on the library can be found at www.thelibrary.info. They found that the role of the Library is ever-changing, becoming much more multi-faceted, and supportive of learning and cultural understanding: While successful and with excellent ambience, the current library lacks space, which impedes functionality. It was designed to be a branch of the Marin County Library system and needs to expand to meet both current and future needs. Ms. Mazzolini provided statistics on visits, percentages of Belvedere and Tiburon library cards, volunteers, checkouts, reference questions, computer sessions, programs in FY 2011, and annual circulation desk check-ins and checkouts per capita compared to nearby communities. She said a driving force in the expansion early on was a need to increase the size of the Children's Room. The needs assessment found there was no place for children to do homework or to group-study. It is currently overcrowded with limited storage and the expansion would more than double the size of the Children's Room. She described the current makeshift teen area, which is inadequate and noisy. In the new library, teens would benefit with group-study rooms, technology, increased collection space and additional seating. She described seating/people space, programming/events space, technology stations, sharing resources within the community, training, needs for space of collections, undersized staff work areas and service desks, and the need to develop flexible and reconfigured spaces. The needs assessment also identified the library as places that become vibrant centers of community interaction, and they would like to move their current bookstore to the library and have a small cafe or coffee cart facing on the Town Plaza. Jennifer Devlin, EHDD Architects, said they worked with staff and library representatives in developing Alternative D. She cited the need to preserve and enhance the library and its character, to maintain it as an important place in town, and said it creates a threshold and gateway to the other end of Tiburon Boulevard. She gave a PowerPoint presentation, describing the views taken from across Tiburon Boulevard that respect the separation between the library and Town Hall; meeting rooms, the front and rear entrances, the bookstore, parking, large open windows, and a design that allows views of hills and views looking northwest past Town Hall. She presented and described differences between the proposed project and Alternative D, which increases the separation between Town Hall and the addition and increases the size to a 27,500 square foot project. The refinement to Alternative D changes the rotation of the building to increase open space. She further described the new project's entrances/exits, ingress/egress, pathway access from the private parking lot to Town Hall and through to the library, connection of both buildings for a cohesive frontage, and Zelinsky Park. She outlined the floor plan, areas of the proposed expansion, and facade drawings of the new addition. Manuela King, the project's landscape architect, described landscape features of the project, the surrounding beauty of the downtown core, aerial photos of the existing library and Town Hall, and described the current unsafe pedestrian experience at the driveways to the buildings. She said the Town has an opportunity to create a spectacular library and a beautiful gateway, a new Town Plaza, an enlarged park and promenade, children's garden area, marsh enhancement, clear way-finding, activation of public space, trail connections, plaza concepts, seating areas within the plaza garden Town Council Special Meeting Minutes #20-2011 October 5, 2011 Page 7 EXHIBIT NO. 6 setting, and circulation to the park, library, pathways, and Town Hall, with ADA access, marsh restoration and the opportunity for interpretive signage. Riley Hurd, legal counsel for the Library Agency, said the need for library expansion is a good problem to have. Regarding the zoning change, more usable space is achieved and the General Plan indicates the project as something to be supported. Regarding the 100 foot buffer, the EIR indicates that a 50-foot buffer for the marsh is adequate for biological purposes. He asked the Council to agree with the independent consultant's conclusion regarding scenic view blockage and certify the EIR, or, if they so chose, agree with the Planning Commission's conclusion regarding scenic view impacts and adopt a statement of overriding considerations to approve the project. Vice Mayor Fraser questioned whether the Library tracks residency of user visits and checkouts. Ms. Mazzolini said yes; 77% of residents have library cards, and 56% are taxpaying residents, with another 15% to 20% unincorporated county (Paradise Drive-area) users, and 15% inter-library loans with other libraries. The remaining users are people in the unincorporated county area in Strawberry at about 12%. Vice Mayor Fraser asked if it would be fair to say that 60% of its use is by residents of Tiburon and Belvedere. Ms. Mazzolini said there are many people in the unincorporated area, but cards are taxed by their library jurisdiction, and outside users provide an income source. Their circulation figures total 320,000 or about 190,000 to the taxpaying jurisdiction. Councilmember Fredericks asked Ms. Mazzolini to clarify `taxpaying areas' and questioned whether these support the library. Ms. Mazzolini said most of their financial support comes from taxes and the only increase residents saw for the current facility was a $30 parcel tax increase to build the existing building, which is what they are using to pay off the construction debt. There was also a $36 parcel tax for the County that transferred to this Library. But basically, she concluded, taxes are the same relative to the prior Beach Road library location. Councilmember Fredericks asked if tax revenues that come to the Library include revenues from people who live in places other than the 94920 zip code. Ms. Mazzolini said no; revenue comes only from the Library's tax-paying jurisdiction. Councilmember Collins requested feedback regarding concerns expressed about the cost of the library, its impact to taxpayers, a potential gap in funding, and increased building valuation. Ms. Mazzolini noted that BTLA's premise is to raise money through private philanthropy to pay for the project. If they are unable to raise sufficient funds, the BTLA may consider constructing the project in phases. Councilmember O'Donnell questioned the additional annual cost for the library's expansion, and how would this be made up by taxpayers. Ms. Mazzolini noted this information was contained in the agenda packet; they compared the costs of operation in the current library and expanded library, which totals $240,000. She confirmed that this would not be made up by taxpayers. Mr. Hurd interjected, stating that the increased operating budget of $240,000 is already built into the library's Town Council Special Meeting Minutes #20-2011 October 5, 2011 Page 8 EXHIBIT N0. ' current budget. Also important is that while the library has taxing authority, it requires a super- majority vote to change the flat tax. Any additional operating costs associated with the expansion are intended to be privately funded. Mayor Slavitz expressed concerns about parking, increased usage, and associated impacts from the expansion. Ms. Mazzolini noted that the Library currently deals with overcrowding and tight service points. The service area has about 16,500 persons, which she said will not change much. She confirmed they do not expect substantially-increased usage by local residents or users visiting from Mill Valley or other cities that have their own libraries. Councilmember Collins noted there are currently 3,800 users per week now and he asked what is expected for the expansion. Ms. Mazzolini said this is difficult to predict, as there has been no analysis done. They believe their service base will not increase and briefly described additional circulation and materials to teens, which has increased by 20% per year from 2007 to 2011. Jackie Shafer, Teen Librarian, said the teens are wonderful and well behaved. She regularly sees up to 30 to 35 teens every Tuesday in the Teen Lounge and said many take the bus to the library after school. Councilmember O'Donnell noted that one comment that came up in Planning Commission meetings, as well as from letters, is that the amount of space for staff in the new building is inordinately larger than the public space. He asked Ms. Mazzolini to elaborate on this and how it fits in with the plan or whether there is room for some reduction. Ms. Mazzolini said the office spaces are very small and will not increase. What has increased is the need for space for technical services for cataloging, acquisitions, mail room, deliveries, storage of technical equipment and server equipment which was not designed into the original building. This increase is significant and also serves to improve and ensure a quieter public environment. Councilmember Collins asked about the so-called `petting zoo' area. Ms. Mazzolini said this term was coined by a staff member and the petting zoo has been very successful. It is an area where users are able to test out reading devices or tablets such as I-Pads, Kindles or Sony Readers for two hour blocks, in anticipation of a possible purchase of one of these items for personal use. Vice Mayor Fraser asked whether the Library expects an increase in the number of visits per week. Ms. Mazzolini said she hopes visits increase; however, what will not change significantly is their service area population. Councilmember Collins clarified with Ms. Devlin the amount of common space throughout the library, which includes such areas relating to space for books, shelving, first and second floor reader stations, internet stations, and the lobby entrance. Andy Sohn, EHDD Architects, briefly described and explained some of the nomenclature used by architects, which is sometimes different from what is used for typical library space identification terms by library personnel. Town Council Special Meeting Minutes #20-2011 Octobe7• 5, 2011 Page 9 EXHIBIT NO. S Councilmember Collins asked if thought was given to the upper nave itself for additional space for stairs with banisters, like a balcony that is cantilevered out. Ms. Devlin said they looked at this initially; it is an expensive space to build, it did not allow for reading areas on the second floor, and structurally it would not work. Councilmember O'Donnell voiced concern with placing parking in the rear, feeling people may enter from the rear and not from the front of the building. He has seen other examples in towns where this design is used and the front acts only as a fagade. Ms. Devlin recognized this as a good observation to which they paid close attention. The General Plan calls for parking in the rear and she agreed most people will enter from the back of the building. However, this is why activity functions were placed in the front like the bookstore, cafe, community room, and the plaza area. People will also park on the street and hopefully will come around and activate the plaza activities and space, and this is why they maintained both entrances. Mayor Slavitz referred to a question that came up regarding the mass of the building along the frontage. He referred to the existing library's simple roof and on the opposite side in the new design is a gabled roof which enhances its presence. It seems to him that the addition looks more massive than the original structure and he questioned if there was an alternative that could be considered. Ms. Devlin said they looked at about 50 design alternatives. The ceiling of the existing library and the nave is lower than the roofline. They are able to put two stories up against the one story and not include the ridge height. They looked at a scheme that simplified the ridge on the east side without gables, which makes the building appear more massive. She thinks given the fact that the second floor is being occupied, there are large windows, and the slope of the roof is the same as the existing building, it snakes this feel bigger when looking at the drawings. In actuality, they are able to make the footprint smaller, so from a character point of view, the overall mass is made smaller. Councilmember Fredericks questioned and confirmed that the setback from edge of curb to facing windows on the gabled portion of the building is roughly 35 to 40 feet. Mayor Slavitz referred to the use of the plaza space, street parking, and parking lot as all the same size despite a much larger building. He asked for an explanation of how that would not contribute to a parking shortage. Ms. Devlin said she could add nothing more to the analysis that has been done, but creating a place that encourages a pedestrian environment will encourage alternatives with bicycles and use of the bus stop. Vice Mayor Fraser questioned and confirmed that the Town, as is done now, will have the ongoing responsibility for care and maintenance of the marsh. BREAK Mayor Slavitz called for a short break at 8:35 p.m., and upon reconvening the meeting at 8:43 p.m., he called for public comment. Town Council Special Meeting Minutes #20-2011 October 5, 2011 Page 10 ]EXHIBIT NO. Public Comments: Lou Weller, Planning Commissioner, recounted the recommendations of the Planning Commission, stating the majority believed that while the rationale has been made to increase the library, its scale as proposed was out of proportion to Town Hall. And, even though the space between the two buildings was expanded, it was still narrow enough to create a scenic view impact. Additionally, they discussed reducing the height at the front of the building and stepping it back so that the two-story facade did not affect views as much, and for the square footage allocated for staff offices to be reduced. He noted that the draft minutes have been completed and accurately reflect what was said at the Planning Commission meeting. Anyu Silverman, freshman at Redwood High School, supported the library expansion, voiced the need for more space, and questioned why there would be any amount of opposition. Nicole Schwakopf spoke of her daily trips to the library, the severe lack of space, and voiced support for the expansion. Jerry Schwakopf voiced support for the project, her love for reading, and discussed the library's important connection to the community and her ability to serve as a volunteer. Mo Newman said the best thing the town can do is to have a place for teens to hang out, and a library is one of those places. Jennifer Bank voiced support for the expansion of the library which she believes will greatly benefit and enhance the lives of her family and children. Wyman Harris said he thinks that an overused library is a wonderful problem to have, thinks the expansion will serve as a wonderful legacy for the next generation and is one of the best things to do for the community. Margaret Jones cited the fact that Mill Valley's library has no parking and works well. She discussed the history of the Founder's Room, its significant amount of use and limited space, voiced opposition to it being used for office space, and asked that it be saved. Rita Fink discussed her work to move the library from a storefront 16 years ago when the Council adopted a resolution to give the land to the Library in memory of her husband. She relayed her regular patronage and work at the Library, its limited space, the popularity of the Founder's Room, and voiced support for expansion. Ric Postle read a statement into the regarding his passion for the library which he gave at the Planning Commission meeting. He believes the expansion will broaden the Library's mission and will evolve as a place for photography, video, music and film enjoyment, and be used as a hub or forum to socialize and use technology. Town Council Special Meeting Minutes #20-2011 October S, 2011 Page 11 EXHIBIT NO. C Jim Levorsen spoke of naysayers at the time the library was at the post office building, the work to build a foundation, and requested the Council's support for the expansion project. Joan Don, Chairman of the Library Art Committee, spoke of their annual art shows of which the library receives 25% in proceeds and activities that generate money used for the library expansion fund, to buy art, CDs, DVDs, art works, and memberships to the Asian Art Museum. She cited limitations of the Founder's Room and felt the expansion will enhance the library's cultural legacy. Ron Helow spoke of his family's avid use of the library and his time spent understanding the need for expansion, and voiced his support. Lynn Lubbock said she lives at the lower end unit closest to the marsh and open space and is most affected by the expansion and size of the parking lot out of the 34 homeowners in their community. She asked that they be kept apprised of the landscaping and lighting process in moving forward. She also hopes the marsh will continue to be maintained as it is now. Connie Pierce said she and her husband look forward to an expanded library which will solidify its role as a social, educational center in the community. In living across from it, they have voiced concerns which are on record, have worked with the library architectural committee and are optimistic to be able to work out height, massing, light and glare issues that could be problematic and look forward to the expansion. Carol Forell commended the Council on their astute questions and amount of time spent analyzing the matter. As part of the founding group, she supports expansion, but believes the proposal is too big. She is concerned that the aesthetic approach will no longer exist with the removal of the open space and courtyard, feels the addition comes too far out toward the street, thinks there are problems with handicapped parking being far away from Town Hall, opposes removal of the Founder's Room and current children's area, and said the nave will not be seen well due to the proposed reconfiguration. Sharon Bass voiced concerns about inadequate parking given the amount of service the rooms will provide, voiced concern about parking on Mar West Street which is not well lit, and that parking will be situated just outside the reading room and will ruin its ambience due to increased noise. Carol Kurland, Library Foundation Board of Directors, said she visited some of the newer libraries in the area and came away feeling that the Belvedere-Tiburon library has the bones and framework to expand well. The only thing they lack is the space to realize their potential. She discussed examples she had seen which were much larger, and felt that the needs of groups could be served with the expansion. She hoped that the Council will help strengthen their ability to nurture and support the life of the community with the expansion. Heather Cameron, President of the BTLA Foundation, recited the Foundation's mission and said they are fully committed to the expansion and are actively planning a campaign. They completed a philanthropy plan and are moving ahead with enthusiasm and confidence. Town Council Special Meeting Minutes #20-2011 October S, 2011 Page 12 EXHIBIT NO. U Susan Schneider referred to the photovoltaic panels which she hoped will make the project a LEED- certified "Gold"'building in the future, voiced concerns about parking, said the 52-car parking lot is close to the marsh and exhaust fumes will change the habitat and inevitably result in added debris. She is also worried about the snowy egrets and blue herons and asked to scale back the size of the project and accompanying parking lot in order for the wildlife to survive. Ann Aylwin, Reed Union School District Representative, is excited about the proposed expansion for schools, kids and community, as well as the vibrant space which will be created between Town Hall and the Library. She toured other renovated libraries, she recognized that schools have seen a 25% increase, and said the library will provide a place for them. She acknowledged Mill Valley's thriving library and community center and loves the design for the expansion. Ken Weil supported the expansion as stated that as a former library director, he has overseen four library projects and knows the positive impact that a modern, well-designed library has on the community as a whole. He recognized the majority of residents support expansion and knows they will make it part of their life. Bonnie Spiesberger, Trustee of the BTLA Foundation, voiced support for the project and echoed the many positive comments made tonight. She visited many libraries in the Bay Area and found they all looked ahead to the future. The explosion of library use across the state addresses educational needs of students and adults, and an expanded library will benefit all user groups. Allan Bortel said 54% of Tiburon residents are over 45; while only 33% of Californians are over age 45, with 33 years as the median age. Aging in place is going to create greater demand by seniors and an expanded Library will be the most important place in town for them. It will have no stairs, no noise and will provide intellectual stimulation. He believes the square footage is not enough, noted that seniors will be able to ride Whistle Stop, and thinks some of the parking concerns are very much overdone. Stephanie Evans said she is a brand new resident to Tiburon, and the Library is part of the reason why she wants to spend the second part of her life here. She thanked the Library staff for a recent tour and voiced support for the expansion. Charles Auerbach said he was on the original steering committee for the plan to develop the library and is happy that the plan incorporates more space and that the architect has melded the addition into the building to make it look like original construction. In regards to use of the back entrance, he thinks the beautiful fagade in the front will be heavily used by pedestrians, bicyclists, those taking the bus, parents dropping off their children, and others. Andra Nirenberski discussed her patronage and participation with the Library over the last 12 years; agrees there is a significant lack of space for all users and feels confident that the expansion will meet the needs of the community and is flexible enough to make future changes. Town Council Special Meeting Minutes #20-2011 October 5, 2011 Page 13 EXHIBIT NO. 6 Eric Schoenberg explained his experience when walking his dog along the fire road at St. Hilary's Open Space and thinks there are much larger buildings and spaces in the area, such as the tennis courts and Marsh Road apartments. He did not believe parked cars would cause damage from fumes and voiced support for the expansion. Hank Bruce, former DRB member and current member of the Library Architectural Committee, cited the significant amount of hard work that has gone into the project and the responsiveness to comments. The project is incredibly complex; many restrictions have been solved, and he asked the Council to think about the library being more of a town center. There being no one else desiring to speak, Mayor Slavitz closed the public hearing at 9:55 p.m. He asked the Library if it wished to make any clarifications or responses. Riley Hurd briefly described the history of prior approvals for the library, which he felt were important factors relating to size and need. He believes the current expansion accommodates the needs of teens, adults, seniors, artists, volunteers, and many others, said the 100-foot buffer policy is not based on science specific to the marsh, but that the EIR analysis is and states that a 50-foot buffer is adequate. He also noted that parking was analyzed thoroughly in the EIR and has been deemed a less than significant impact; the Town's policies support the expansion; there has been demonstrated need; and the Council has heard of the many benefits and is aware of community support. He said the building will be functional, cost-effective and green. Regarding the Planning Commission's issue on views, he believes they are not blocking but rather framing the view, and he asked for the Council's support of the expansion and approval as soon as possible. Mayor Slavitz thanked all speakers for their comments and for respecting time limits, and suggested the Council begin with discussion of the EIR. Councilmember Fredericks said the EIR issue to be addressed is whether or not there is significant major impact on the scenic view. This is difficult because it is not just perceptual but how individuals have experienced that view, and the Planning Commission recommended the Town Council find that the impact is significant and unavoidable. This is a view one sees as they head into town or in the area immediately opposite the Library. The ridge view is not the same as open water view, but it is important and precious. People see it coming into town as a geological land form that identifies the town. In fact, that view is obscured and not continuous at times of the year because of trees and the changing perspective. She likened it to urban capture and said it is fleeting. With the new expansion, there will be a 48-foot front corridor which is not insignificant and is three times the width of some of the roads in her neighborhood. While it will change the view, it will be on balance with new views from the library. What one gets will be the experience of the view while sitting in the library, as well as the open spaces accessible and created by the project. A promenade will also be captured, and she thinks that if this can be considered a mitigation, she would not find that the impact on the view is significant and unavoidable but rather a change and, overall, a significantly larger capture of the available view. Town Council Special Meeting Minutes #20-2011 October 5, 2011 Page 14 EXHIBIT NO, Councilmember O'Donnell completely agreed with Councilmember Fredericks' point of view and said they are not closing the view but expanding a public facility from which the view will be enhanced. Users will see it from the back of the library building. The view of the ridgeline can also be seen from other places in downtown. Councilmember Collins said he is hearing there is disagreement with the EIR that found elimination of the view to be significant and unavoidable. When in a tunnel, one doesn't have to look left or right and he believes the view of the open space is very important. It can be seen and it does not need to be framed by a 48-foot wide corridor which has trees, lattice work, and a walkway in its middle. Therefore, the 48 feet is not the real width through which to see the view. In his view, this violates the General Plan, specifically Goal OSC-C and Policies LU-11, OSC-8, OSC-29, OSC-30, and more. The view of the open space is part of the Town's land that many citizens fought for, and he feels there is another way to go about expanding the library that is not being presented. Vice Mayor Fraser cited the differing points of view, stating the people who worked on the project did a thorough job. Clearly there is a need in the community. He supported the expansion as the right thing to do and said he believes it is a matter of degree. The Planning Commission did a superlative job in making the proper recommendations to the Council. They made a clear statement about views, traffic and parking, and he is troubled by what the Commission said about views when, in fact, they will impact the scale of this building. He suggested that the Council hold a dialogue about scale and views before making a decision, recognized that the Commission made good recommendations, thinks staff was accurate in saying it will obstruct 60% of current views, and he questioned if there is a way to balance it to end up with what they want while taking into consideration the guidelines and principles of the General Plan. Mayor Slavitz questioned what the end result is of certifying the EIR by the Council with a finding of significant visual impact. Mr. Anderson said the finding is an informational observation and does not necessarily limit the project. He said the scenic view impact could be something the Council finds useful in moving forward with its comments on the project or the Council can simply approve the project and override the impact if it chooses. Mayor Slavitz questioned what would happen if there are changes to the scale and design of the project, and Mr. Anderson noted any changes would need to be considered in terms of their merit. Councilmember Fredericks asked whether the EIR provided quantitative analysis of view loss of the ridgeline, specifically the 60% figure used in the staff report. Mr. Anderson responded that Staff generated the 60% loss of ridge view estimate following completion of the EIR by scaling from the various photo-simulations contained in the EIR. Using this method Staff determined that approximately 60% of the existing span of ridge view would be blocked by Alternative D. Mayor Slavitz said he is very happy with the project, and felt the Library is part of the community and people's lives and clearly can be a lot more than it is now. He referred to page 5 of the staff report and the key EIR findings and agrees with most of them. He also understands Councilmember Town Council Special Meeting Minutes #20-2011 October 5, 2011 Page 15 EXHIBIT NO. ~ Collins' comments and would agree with the Planning Commission recommendation that the view blockage with Alternative D does create a significant and unavoidable impact which, functionally, has no bearing on whether the project can be approved. He stated that design changes might alleviate that problem. He noted parking was also a big concern of his, but the comment made about the Mill Valley Library is absolutely right on. that library is bigger, very busy, and there is no parking and yet it functions. He said he would love to understand how the Town might judge the project's parking better. He supports certifying the EIR with the scenic impact finding of the Planning Commission realizing it makes more of a statement than an actual difference in the project. Councilmember Fredericks said if the Council does make a finding that the view change is a significant and unavoidable impact, she asked if they will have to make findings to override it. Mr. Anderson said if the Council chooses to approve the project as proposed it will need to include rationale for approving the project while significant impacts remain. This would need to be done in any event, because there are other significant and unavoidable impacts, in addition to the view impact, where a statement of overriding considerations will be necessary. Vice Mayor Fraser supported the Mayor's point about the fact that the finding of the Commission makes it more or less a statement only. Councilmember O'Donnell voiced confusion over the process and suggested discussing other elements individually. Councilmember Fredericks voiced support for the 50-foot setback buffer. She questioned whether the Council had to vote separately on the view blockage finding. Mr. Anderson responded that Exhibit 1 is the draft resolution which would certify the EIR. The issue relating to the ridge blockage impact is the last paragraph and the Council could choose to keep or delete this paragraph. Councilmember Fredericks said given there is no legal impact, she asked if the EIR could be certified making a note that some Councilmembers disagree and others do not, and then go forward into the discussion of the merits of the project. Town Attorney Ann Danforth did not recommend this process. She said the resolution appears to be supported by a majority of the Councilmembers. If the Council views the impact as significant and unavoidable, there would be the question in connection with the merits as to whether this impact might warrant a reduction in scale. The vote could also indicate that two Councilmembers disagreed with this particular paragraph. Mayor Slavitz asked if there is a way to vote on the EIR separate from this paragraph. Ms. Danforth suggested voting on the resolution as prepared and those Councilmembers who oppose it could indicate for the record why they voted in dissent. Councilmember Fredericks pointed out that the EIR does not contain the paragraph. Ms. Danforth said the way resolutions have been set up is that they adopt the findings of the EIR and note any exceptions. The Council can make findings by individual impact, but the result is that if the Council Town Council Special Meeting Minutes #20-2011 October S, 2011 Page 16 EXHIBIT NO. & wants to certify the EIR it must be done by a resolution that is agreed to by all. Councilmember Fredericks said she objects to voting for a resolution that has a paragraph that is not in the EIR and prefers to certify the EIR as it is written. Ms. Danforth said the process used by the Planning Commission was to have a vote on whether to include the paragraph in the resolution, and then hold a separate vote on the resolution itself. She said staff could return with findings regarding specific impacts later. Councilmember Fredericks confirmed with staff that if the paragraph was left out now, staff could later craft findings to be adopted prior to any project approval. Councilmember Collins noted that the paragraph deals with Alternative D, and he asked whether or not it should read, "Refined Alternative D". Mr. Anderson responded that the EIR did not address the refined project design, which did not yet exist, only Alternative D. Councilmember Collins raised the issue of how parking would be addressed, and Mr. Anderson said there will be a lengthy resolution containing CEQA findings, which the Council will need to adopt prior to acting on the merits of the project. Mayor Slavitz confirmed with Ms. Danforth that the resolution can exclude the final paragraph if the wish is to have a resolution that all Councilmembers can support, and that instead of addressing the issue in the certification resolution, the Council could adopt a separate resolution at a later date that contains more detailed findings regarding the environmental impacts. MOTION: To certify the EIR and adopt the resolution (Exhibit 1 of the Staff Report) as amended, deleting the last paragraph. Moved: O'Donnell, seconded by Collins. Vote: AYES: Unanimous MOTION: To read by title only the rezoning ordinance (Exhibit 2 of the Staff Report). Moved: Collins, seconded by Fredericks. Vote: AYES: Unanimous Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon Rezoning Certain Property from OS (Open Space) to P (Public/Quasi-Public) Zone to Accommodate an Expansion of the Belvedere-Tiburon Public Library". MOTION: To pass first reading of the ordinance. Moved: Fredericks , seconded by Fraser. Vote: AYES: Collins, Fraser, Fredericks, O'Donnell & Slavitz NOES: None MOTION: To read by title only the rezoning ordinance (Exhibit 3 of the Staff Report). Moved: O'Donnell,, seconded by Collins. Town Council Special Meeting Minutes #20-2011 October S, 2011 Page 17 E -HIBIT NO. 6 Vote: AYES: Unanimous Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon Rezoning Certain Property from NC (Neighborhood Commercial) to P (Public/Quasi-Public) Zone to Correct a Prior Mapping Error". MOTION: To pass first reading of the ordinance. Moved: O'Donnell, seconded by Collins. Vote: AYES: Collins, Fraser, Fredericks, O'Donnell & Slavitz NOES: None MOTION: To read by title only the master plan amendment ordinance (Exhibit 4 of the Staff Report). Moved: Fraser, seconded by Collins. Vote: AYES: Unanimous Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon Amending the Point Tiburon (Northwestern Pacific Railroad) Master Plan (PD#42) to Accommodate an Expansion of the Belvedere-Tiburon Public Library". MOTION: To pass first reading of the ordinance. Moved: Fraser, seconded by Collins. Vote: AYES: Collins, Fraser, Fredericks, O'Donnell & Slavitz NOES: None Mayor Slavitz stated that the public hearing has been closed, and he suggested a motion to continue the item to October 19, 2011 for the Council to consider the merits and findings of the project. MOTION: To continue the item to the meeting of October 19, 2011 for deliberation on the project merits and findings. Moved: Fredericks , seconded by Fraser. Vote: AYES: Unanimous 2. Alta Robles Precise Development Plan - Consider actions related to the Alta Robles Precise Development Plan and prezoning applications for the eventual subdivision of 5222 acres of land, currently developed with one single-family dwelling into 14 single-family residential lots (Planning Manager Watrous) - item continued without discussion to November 2, 2011 MOTION: To continue without discussion to November 2, 2011. Moved: Fraser, seconded by Collins. Vote: AYES: Unanimous TOWN COUNCIL REPORTS Town Council Special Meeting Minutes #20-2011 October 5, 2011 Page 18 EXHIBIT NO. 8 TIBURON FIRE PROTECTION DISTRICT 1679 TIBURON BOULEVARD, TIBURON, CALIFORNIA 94920 TELEPHONE (415) 435-7200 FAX: (415) 435-7205 RICHARD PEARCE, FIRE CHIEF TO: TIBURON PLANNING DEPARTMENT DATE: July 3, 2012 FROM: Jessica Power, Fire Prevention Specialist RE: Library Expansion The proposed addition of the Town Library shall comply with the following requirements of the California Fire Code and the Tiburon Fire Protection District: 1) A 26,500 square foot type VB sprinklered structure will require an additional fire hydrant to be located on Tiburon Blvd. near the Pedestrian Plaza between Town Hall and the proposed expansion. 2) The proposed new parking lot is required to provide the required minimum fire apparatus access, it is required to provide a minimum 20 feet in unobstructed width throughout the "U" shaped driving portion of the lot. The curve at the rear of the parking lot shall have a minimum 20 foot inside radius. 3) Properly illuminated pathways conforming to the requirements for exit egress will be required from all exits to the public way. 4) The automatic fire sprinkler system and fire alarm system shall be modified to properly protect the new and remodeled areas. The system design, installation and final testing shall be approved by the District Fire Prevention Officer. CFC 903.2 Thank you for the opportunity to review the plans. cc: file EXHIBIT NO. PROTECTING THE COMMUNITIES OF BELVEDERE AND TIBURON MARIN MUNICIPAL WATER DISTRICT 220 Nellen Avenue Corte Madera CA 94925-1169 www.marinwater.org June 20, 2012 Service Nos. 60960 & 61737 Dan Watrous Town of Tiburon Planning Dept 1505 Tiburon Blvd Tiburon CA 94920 RE: WATER AVAILABILITY- Belvedere-Tiburon Library Expansion Assessor's Parcel No.: 058-171-94 and 058-171-62 Location: 1501 Tiburon Blvd., Tiburon Dear Mr. Watrous: `~i ~ Fc:'~ a f LL rr,r The above referenced parcels are currently being served. Service No. 60960 provides water to Parcel No. 058-171-94 for Belvedere-Tiburon Library. The proposed expansion will not impair the District's ability to continue service to this property. However, District records indicate the property is operating above its annual water entitlement of 0.97 acre-feet. The purchase of an additional water entitlement will be required to meet the property's new demand. Service No. 61737 provides water to Parcel No. 058-171-62 for landscape irrigation. The proposed parking lot will not impair the District's ability to continue service to this property. However, the District owns and maintains facilities within an easement running through the parcel. The property owners reserve and shall have the right to revise the grade of the surface or the location of the easement if and when they shall first pay to the District the full expense of changing the grade or location of the pipeline(s) and other installations of the District therein. In the event of a change in grade, the District will determine if the grade change requires the raising or lowering of the pipeline or other installation. The District, in its sole discretion, shall determine all costs associated with the change in grade. If the property owners desire a change in the location of the easement, they shall first grant a suitable new easement acceptable to the District. Compliance with all indoor and outdoor requirements of District Code Title 13 - Water Conservation is a condition of water service. Indoor plumbing fixtures must meet specific efficiency requirements. Landscape plans shall be submitted, and reviewed to confirm compliance. The Code requires a landscape plan, an irrigation plan, and a grading plan. Any questions regarding District Code Title 13 - Water Conservation should be directed to the Water Conservation Department at (4,15) 945- 1497. You can also find information about the District's water conservation requirements online at www.marinwater.org. Should backflow protection be required, said protection shall be installed as a condition of water service. Questions regarding backflow requirements should be directed to the Backflow Prevention Program Coordinator at (415) 945-1559. If you have any questions regarding this matter, please contact me at (415) 945 -1531. Very truly yours, W Joseph Eischens Engineering Technician JE:mp cc: Town of Tiburon Building Dept 16- EXHIBIT N0._ recycled recyclable 1v 4 tea: 1 TOWN OF TIBURON LAND DEVELOPMENT APPLICATION TYPE OF APPLICATION 0 Conditional Use Permit 0 Precise Development Plan 0 Secondary Dwelling Unit 0 Zoning Text Amendment 0 Rezoning or Prezoning 0 General Plan Amendment 0 Change of Address 0 Design Review (DRB) 0 Design Review (Staff level) 0 Variance O Floor Area Exception O Tidelands Permit O Sign Permit O Tree Permit APPLICANT REQUIRED INFORMATION SITE ADDRESS: IS-01 T i I3Wi200~3 13LVc> TI aJ'~o i) CA PROPERTY SIZE: PARCEL NUMBER: ZONING: &Lek' 0 F T-16U!e 00 a0) OWNER OF PROPERTY: R-LV1~0Ei2E - I I BUKQ►j i I )QA IQlt A6F.1Jc y MAILING ADDRESS: 1501 7)0(;RO/J 13L✓D T1 QP0A)C4CITY/STATE/ZIP I yyZO PHONE NUMBER: 411- 7 9-5 - ( ; 6 FAX is '789 - S y APPLICANT: (Other than Property Owner) MAILING ADDRESS: PHONE NUMBER: ARCHITECTIDESIGNER/ENGINEER: I.: HH ►I-) JANWk(~-A-) ~owN MAILING ADDRESS: ,500 TREAT AVE -201 SAP3 Fe.a►Lcisc-6 CA g ///o Please indicate with an asterisk persons to whom Town correspondence should be sent. BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed): SeE C~ Eyaana or) 0 t'he ~=~~CO~iZ c - Tli-3y R04 I-jb*,-&rV -r I, the undersigned owner (or authorized agent) of the property herein described, hereby make application for approval of the plans submitted and made a part of this application in accordance with the provisions of the Town Municipal Code, and I hereby certify that the information given is true and correct to the best of my knowledge and belief. I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town grants the approval, with or without conditions, and that action is challenged by a third party, I will be responsible for defending against this challenge. I therefore agree to accept this responsibility for defense at the request of the Town and also agree to defend, indemnify and hold the Town harmless from any costs, claims or liabilities arising from the approval, including, without iimitation, any award of attorney's fees that might result from the third party challenge. ' z~~ - - Y ) -S D *Signature. o r Y 7a u~ti.' : 17, yon ~ *If other than ow er, us ve fetter from own EXHIBIT N0 DO NOT WRITE BELOW THIS LINE - . DEPARTMENTAL PROCESSING INFORMATION Application No.: -D 0,c) i Z-0 GP Designation Fee Deposit = ~ tZ Date 'Received: Received By: Receipt # Date Deemed Complete: By - Acting Body: Action: ; Date: Conditions of Approval or Comments: Resolution or Ordinance* PLANNING DIVISION 0 Tentative Subdivision Map 0 Final Subdivision Map 0 Parcel Map 0 Lot Line Adjustment 0 Condominium Use Permit 0 Certificate of Compliance Other FAX 1_-> l~ L_ D! v ~ tom- v v r y v r +v , , ~ ¢ ,2 5`w` DESIGN REVIEW SUPPLEMENTAL APPLICATION FORM ~ FOR NEW RESIDENCE OR OTHER MAIN BUILDING'LANNNNG OS~,ISP~ t' Please fill in the information requested below (attach separate sheet as needed): Use of Site (example: single family residential, retail, office, service, etc.): Existing: f' t/ ~L 1 G L 1 f;)C Proposed: TO BE COMPLETED BY APPLICANT STAFF USE ONLY ITEM EXISTING PROPOSED CALCULATED PER ZONE (if existing (reflects proposed building is to be construction) demolished) Yards (Setbacks from property line)(Section 16- 100.020(Y)* + 14 ft. ft. ft. Front Rear - ~o ft. ± j ft. ft. ft. Right Side L 0T ft. ~ ~ ~ ft• ft. ft• Left Side S° ft. ft. ft. Maximum Height * 3 L ft. ft (Section 16-30.050) it. 9t. . Lot Coverage (Section 16-30.120(B)* 10 r200 sq.ft. 2~ SDI sq.ft. sq.ft. sq.ft. Lot Coverage as Percent of Lot Area _ % o a a/o % % (1V, 000 G`a r~S Ito, Gross Floor Area (Section 16-100.020(F)* Q 00 sq.ft. Z~SQD q.ft. sq.ft. sq.ft. Net Floor Area (if office building) (Section 16-32.040 ~Sq.ft.~` Sq.ft. Sq.ft. Sq.ft. Number of Parking ~5 '4 Spaces Provided spaces S spaces spaces spaces "Section numbers refer to specific provisions or definitions in the Tiburon Municipal Code, Chapter 16 (Zoning). TOWN OF TIBURON DESIGN REVIEW SUPPLEMENTAL APPLICATION FORM NEW RESIDENCE OR MAIN BUILDING REV 07/10 EXHIBIT NO. C z OF7 PAGE 5 3 - r r ` t• `pet . zti ~ k Z~ 5Y a~: j ~ 1•" .ID.. . Belvedere - Tiburon Library 1501 Tiburon Boulevard Tiburon, CA 94920 415-789-2665 415-789-2650 (fax) The Belvedere-Tiburon Library Expansion The Belvedere-Tiburon Library Agency (the project applicant) proposes to expand the existing Belvedere- Tiburon Public Library through the construction of a two-story addition. The existing 10,500 square foot (sf) Library would be expanded to 26,500 sf. The project would also result in changes to vehicular access points; changes to site parking, including the installation of a new fifty-two (52) car parking area; and relocation of the existing Zelinsky Park. The project would also include lighting and landscaping improvements, including the installation of a Town Plaza and Zelinsky Promenade/Garden Plaza extending from Tiburon Boulevard to Zelinsky Park, restoration of the existing Zelinsky Park area, landscaping, and installation of a Story Time Area and Staff Patio. The expanded Library will contain a children's learning center, providing resources and an environment that cultivates curiosity and a love of knowledge and learning. A much-needed teen space will finally give that age group a place in the Library that serves as a youth learning resource center, and addresses their needs. A technology hub will support the future adaptation of technology trends in order to best serve the community. A community room large enough to support the current needs of programming and services will allow the Library to grow as an important center of life-long learning and culture. The expanded Library will provide a place for residents to meet as well as to learn, and will go beyond loaning out books and other materials to providing programs, technology, and resources that respond to a broader array of community needs. AHIBIT N0. 3 OF ~ v _2 Z w F- Q Z N W > Q W J W ~ a W CQ Dr C N W a ~ 2 Q 0 0 Lu oCl ooo M r~ 00 C o c o N N c--1 M O O 00 O M N c-1 r- 6666 Nrir_4 N z u a a W N N W Q z 5z G O p cn v z o a ~ X W CC C13 J O N OC r-I co H W OC cr W J j Z J W C13 a 3 3 3 3 O O o 0 t -C s = (A N Ln N N Ln N N m m m m v a) ~ U ~ a, CD N O fl. _m = a) L 4- 4~ aJ > U -3: U a ~ a a 4- a o ~ a, U OJ O Q Q U C7 W W a: F- W W N lD W r-~ N l0 lD ~ d d L11 3 3 3 o O O N N Vf (A LI) (A fu m m i u 0 L > L Q) E a Q v O O co U a 0 O m c a L 0 c O O i ~ C3 O 0U C3 0 Z3 o c a V -czc ii-c LA m D D: >-r>_ Z Z Z I _ M d Ln _ _ O L n M N d' M m e r-I 00 r-1 N N - ;-1 ri N rl -N M lD I~ I 3 3 3 3 3 3 3 I 0 0 0 0 0 0 0 ~ s ~ ~ s t t f0 lD fD lE m m m r-4 00 r -I c O a OL O U O O m (1) L to a -p v L a ac 'a O LL E C N:3 V O L a) O bD f0 f0 ca + > 3 Q E c: 0 L u Q) ~ _ a O L c 0 to ] E c ~ L U f6 L > :3 m U =3 a v C3 ~ v a a m c a c L ~ L1 a Y - U a o ° m c .a v a v o 40 a s Qj 0 o a a N o a a o v - C3 a c .a c v v -c - a , 3 a , v a-Z3 o a o u lz °o - L") a w v, Q = v a CL Ln a o Ln Ln U V) J z z W cc W M 00 M -i r+ m - - - 00 N r-1 r_4 r-I r-1 c 0 t - - - - - vi 00 \ 00 00 N N m r•1 c ri r-i r-I ri qA ri L N a~ 0 a hA -0 LL N N v L7 U L M T U_ L Q) O L Y O 0 to m - UU U ~ ai O H N O O O O v O a ,O CS -t:~ C3 i 4 O o ai x o 0 C3 'A , N v p U U > a, o o 0 S v m~ 0 0 0 0 ULLZLn W H 0~_ . C), d FM-d W W C 00 M M N l0 L!'1 c 0 s V) zn m r14 c u o 00 O M L CU ai U c 0 Q_ W v Y C 0 • a o a, ~ o ~ o o ~ 0 c ~ U ul H CA cc W O z R H A A Belvedere Tiburon Library Plant Maintenance and Irrigation Provisions Landscape Maintenance and Irrigation Provisions This document is.to describe landscape maintenance and irrigation guidelines for site landscaping for the Belvedere Tiburon Library Expansion Project. The landscape improvements seek to provide a beautiful and functional setting for the library while providing a variety of opportunities for outdoor gathering, activities, and enrichment. Conservation of water is of utmost importance. The planting design is generally comprised of low water use species including native species and/or climate appropriate species that are drought tolerant and low- maintenance. Minimal irrigation and fertilization is to be used as necessary to ensure the long term health and vigorousness of the plants. The owner is expected to monitor and conserve water to the extent possible while at the same time ensuring that all planting receives adequate water to maintain healthy, thriving plants. The irrigation system shall be an automatic programmed control system and shall include regulatory mechanisms for automatic irrigation modulation using current reference evapotranspiration data (CIMIS) or soil moisture sensor data. The irrigation system shall comply with the Tiburon Water Efficient Landscape Ordinance as implemented and enforced by MMWD. Shrub, groundcover, and perennial planting beds, which comprise the majority of the planting in the project, shall be irrigated with a drip irrigation system. The turf lawn area in the park shall be irrigated with an automatic spray irrigation system. New trees shall be irrigated with bubblers. Areas of re-vegetation without permanent irrigation shall receive seasonal watering roughly on a bi-weekly basis for the first two seasons after installation (or less as necessary for sufficient plant establishment). Planting - General Maintenance Provisions 1) Irrigated Turf Maintenance. a. Aerify if soil compaction is occurring. b. Mowing and Trimming Turf i. Mow turf frequently enough with mulching-type mower to allow grass clippings to remain. Disperse clippings over turf evenly without clumps or furrows. ii. Mow regularly to promote dense grass stand. 1 EXHIBIT NO May 31, 2012 ' C) F q R H A A Belvedere Tiburon Library Plant Maintenance and Irrigation Provisions iii. Maintain Turf at 2 inch minimum height and 2 1 /2 inch maximum height. Adjust mowers to remove 1 /3 or less of vertical leaf height. iv. Prevent shredded grass blade stress by sharpening and aligning mower blades frequently. v. To prevent damage to trees by mowers, spray out 12-inch strip of grass around trees in turf and meadow grasses and keep free of weeds. Backfill areas that settle adjacent to trees with sand. Trim edges of pavement with pavement edger, or by hand. Keep grass from overgrowing sprinkler heads, vents, valve boxes, etc. by hand trimming. c. Fertilize turf at a minimum level as necessary and avoid excessive irrigation 2) Turf and Meadow Grasses Weed Control a. Emphasize planting a dense cover of grass to effectively control weeds in the weed control program. b. Control broadleaf weeds with selective herbicides. 3) Tree, Shrub, Vine, and Ground Cover Maintenance a. General Pruning 1) Designate qualified, trained personnel using recognized and approved pruning methods and techniques as recommended by the Western Chapter of the International Society of Arboriculture (WCISA). 2) Prune trees and shrubs only to maintain growth within space limitations, to maintain a natural appearance, and to balance the crown and roots. 3) Make all pruning cuts to lateral branches (or buds) at the trunk with no tearing of bark. Make final cut at just beyond the outer portion of the branch collar. Do not leave stubs, but take extreme care not to injure the branch collar. Flush cuts into the branch collar will be considered permanent damage to the tree, and the Contractor will be held responsible for replacement of the tree. b. Tree Pruning 1) Select and develop permanent scaffold branches that are smaller in diameter than the trunk or branch to which they are attached when pruning trees. Space branches vertically and with a radial orientation EXHIBIT NO. 1 I May 31, 2012 & W1 R H A A Belvedere Tiburon Library Plant Maintenance and Irrigation Provisions so they do not overlay one another. Maintain a central leader for those trees that naturally grow with a central leader. Any trees growing along the inside or outside of the perimeter fence shall be monitored to maintain all limb growth from providing a climbable structure that can be used for access over the fence. Prune all limbs 2". and larger back a minimum distance of 3' from the fence. Maintain limb structure balance in accordance with good arboricultural practice. 2) Prune trees to eliminate diseased or damaged growth, weak, narrow, V-shaped branch forks, and wind damage due to too dense crowns. Allow all trees to achieve their mature size. 3) "Raise up" trees by retaining lower branches in a "pinched back" condition with as much foliage as possible to promote caliper trunk growth (tapered trunk). Gradually begin removing lower branches at the trunk only after the tree is able to stand erect without staking or other support. Provide branch clearance over pedestrian walks 8 feet above grade and over roadways 12 feet above grade. 4) Thin out and shape trees when necessary to prevent wind and storm damage. The primary pruning of deciduous trees shall be done during the December to February dormant season. Damaged trees or those that constitute health or safety hazards shall be pruned at any time of the year as required. c. Shrub and Vine Pruning 1) Selectively prune vigorous growth that deviates from the mass back to the natural plant mass. Selectively prune to eliminate diseased or damaged growth and to select and develop permanent branches. Selectively cut some branches nearly to the ground to restrict height. Shrubs to be cut and maintained at 4' in height and 1' of clearance left at the base. Be sure shrubs do not obstruct any signage and perform selective hand pruning to maintain natural form. 2) Prune shrubs in early spring and monthly during the summer with minor pruning at any time as needed to maintain shrubs in a neat condition. 3) Prune vines at least once a year following the intended design. Secure and train vines to support structures as required at any time. 4) Make pruning cuts to shrubs and vines to lateral branches or buds or adjacent to trunk or main stem.. Do not shear. d. Ground Cover Pruning EXHIBIT No. (1 1 May 31, 2012 R H A A Belvedere Tiburon Library Plant Maintenance and Irrigation Provisions 1) Edge all ground covers bordering curbs, paving, lawns and buildings at least once every month during the active growing season. During the dormant season, the ground covers should be edged as required to maintain.a neat appearance. 2) Allow ground covers to grow up to the perimeter of shrub foliage but do not allow them to grow up into the crowns of shrubs. 3) Trim ground covers to prevent runners from climbing building walls or tree trunks and blocking sprinklers. e. Fertilization of Trees, Shrubs, Vines and Ground Covers 1) Trees and shrubs within ground cover or lawn areas generally obtain sufficient fertilizer when the ground cover or lawn is fertilized and require no additional fertilizer. Fertilize woody and herbaceous ground covers twice a year with a slow release complete fertilizer like a 12-20-20. Apply fertilizer in the spring and early summer. Apply approximately 3 pounds of actual nitrogen per 1,000 square feet per year. 2) Fertilize isolated trees and shrubs outside of ground cover and lawn areas yearly. Apply approximately 1 pound of actual nitrogen per 1,000 square feet, using a slow release complete fertilizer in mid- October. 3) Avoid over watering fertilized areas to prevent fertilizer from entering the storm drain systems and adjacent pavement and/or planting areas. 4) Weed Control a. Provide weed control to all planted areas. Control weeds by physical removal and application of accepted environmentally sensitive herbicides. b. Remove invasive and objectionable weeds before they can set their seeds. c. Use only recommended and legally approved herbicides to control weed growth. Base application methods upon type and extent of weed growth and proximity to plant materials that may be affected by herbicides. Follow manufacturer's recommendations for application methods, rates, etc. 5) Tree and Shrub Staking and Guying a. Remove stakes and guys intended to be temporary when no longer effective. Evaluate all trees with tree stakes the first week of April each year to determine which tree stakes require action. Maintain and EXHIBIT NO. k May 31, 2012 P. 0 O PI R H A'A Belvedere Tiburon Library Plant Maintenance and Irrigation Provisions continually monitor all staking and ties to preclude damage from circling and rubbing. Remove all tree (and shrubs if staked) supports as soon as practical, after approximately one growing season. 6) Litter Control a. Maintain all ground surfaces (paved and non-paved) free of litter, plant debris, and rubbish, including planting areas, mulched areas, parking lots, roadways, walkways, vent grates, etc. b. Perform litter control at least once a week and more often as required. 7) Mulched Areas a. Maintain the mulched surface in a neat, uniform manner by spreading and raking as required. b. Maintain a uniform depth of mulch material throughout the mulched areas. Upon discovery and/or notification, replace missing and damaged mulch material as required to repair damage from wind and water erosion, vehicles, maintenance operations, etc. c. Maintain a neat border without overspill from the mulch onto adjacent paved and unpaved surfaces. Sweep decomposed granite from steps and other paved surfaces. Irrigation - General Maintenance Provisions 1) Set, program and maintain the controllers to correspond with the soil moisture conditions. Monitor program adjustments made by Weather Station between rains to maintain optimum moisture in the soil without wasting water. 2) Continually monitor the irrigation systems to verify that they are functioning property as designed. Make program adjustments required by changing field conditions. 3) Schedule watering at night during periods of least activity and least wind disturbance. 4) Prevent spraying on windows, building walls, gravel paths, walks, roads, etc., as much as possible by balancing the throttle control on the remote control valves and the adjustment screws on the sprinkler heads. Do not allow water to atomize and drift. 5) Prevent run-off of water across walks and roads. Adjust the clocks for short repeat cycles as required to prevent run-off. EXHIBIT N0._~ May 31, 2012 OF ~D r~ aOO7-0044703 Recorded Official Records RECORDING REQUESTED BY County of AND WHEN RECORDED MAIL TO: Maria JQA! C. THAYER Assessor-Recorder Town of Tiburon Town Clerk 0-:2M 20-Jul-2007 1505 Tiburon Blvd. Tiburon, California 94920 APN: 058-171-62 (portion) EC FEE 0. ft a Rage 1 of 10 SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE (Exempt from recording fees pursuant to Government Code Sections 6103 and 27383) AGREEMENT TO CONVEY REAL PROPERTY THIS AGREEMENT ("Agreement") is entered into this 64~-day of , 2007, by and between the TOWN OF TIBURON, a municipal corporation ("Town" an e BELVEDERE-TIBURON LIBRARY AGENCY, a joint powers agency ("BTLA"). RECITALS : A. Town is the owner of certain real property situated in the Town of Tiburon located generally at 1503 Tiburon Boulevard, more particularly described in Exhibit A, attached hereto and incorporated herein by reference ("Property"). B. BTLA owns and operates a public library ("Library") at 1501 Tiburon Boulevard, adj acent to the Property. The Library is very popular and demand for its use exceeds its current size and capacity. C. BLTA wishes to expand the Library and is in the process of designing a physical expansion ("Project") and fundraising for its construction. BLTA has requested that the Town contribute the Property for the Project. The Town Council finds that such use is for the common benefit and is willing to convey the Property to BTLA subject to the terms and conditions of this Agreement. AGREEMENT NOW THEREFORE BASED UPON THE FOREGOING RECITALS AND THE COVENANTS AND CONDITIONS SET FORTH BELOW, THE PARTIES HEREBY AGREE AS FOLLOWS: E XHIBIT N0. 1 1. Ag reement to Convey the Propertv: Town will convey title to the Property to BTLA for the sole purpose of public library use as set forth herein. For purposes of this Agreement, "public library use" shall include accessory parking, landscaping and lighting improvements. A. When BTLA has completed the design and raised sufficient funds, or commitment of funds, to complete construction of the Project, it will so notify the Town in writing. B. Within sixty (60) days of receiving said notice, Town will convey title to the Property to BLTA. The deed of conveyance will contain the conditions and restrictions set forth in this Agreement. C. In the event that BLTA has not completed the design and fundraising for the Project and provided the Town with the notice specified within six (6) years of the date of this Agreement, this Agreement shall terminate and be of no further force and effect. D. Development of the Property is subject to all normally applicable Town laws and regulations, except as may be waived or modified by ordinance of the Town Council. Town retains its discretion to process and approve, conditionally approve or deny all land use applications as provided by law. E. BLTA may elect not to proceed with the transaction and project contemplated by this Agreement by providing Town with written notice of termination of this Agreement and executing in writing a recordable release of its interest in the Property. In the event that the BLTA elects to terminate after close of escrow, BLTA shall restore the Property to a condition equal to or better than its condition prior to its conveyance to the Town. 2. Reverter: The Town shall have a right of reverter, causing title to the Property to revert back to the Town, upon the occurrence of any of the following events: A. Failure of BTLA to begin construction of the Project within six (6) years of the date of the conveyance of the Property. B. Failure of BTLA to diligently pursue and complete construction of the Project after construction has begun. C. Failure to continuously use the Property for public library use after completing construction. Notwithstanding the foregoing, the property will not revert to the Town for any interruption in public library use caused by fire, earthquake or other event beyond the control of BLTA, provided that BTLA acts promptly and diligently to reinstate public library use and provided that public library use is reinstated within two (2) years of the date of interruption. D. Dissolution of BLTA. E. Transfer of the Property to any other entity or agency without the Town's prior written permission. F. A finding by a court of law that the Property has been used in any way that has violated applicable legal restrictions on its use. Upon the occurrence of any of the listed events, Town may exercise its right of reverter in its sole discretion, by providing written notice thereof to BLTA. EXHIBIT NO. (4 3. Indemnity: BLTA will indemnify, defend and hold harmless the Town and its agents, officers and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (1) this Agreement; (ii) the transfer of the Property pursuant to this Agreement; and (iii) the use of the Property. 4. Condition of Property: BLTA understands that the Property may have been part of the Southern Pacific (or predecessor companies) rail yard. Town makes no representation or warranty as to the condition of the surface or the subsurface of the Property. BLTA is solely responsible to conduct an investigation of the Property as it deems necessary prior to transfer of title to confirm that the Property does not contain any hazardous materials that may affect BTLA's ability to use the Property as contemplated. As of the close of escrow, BLTA will acquire the Property in its " as is, where is" condition with all faults and conditions then existing on the Property, including any hazardous substances or materials that may be located on, under or around the property whether known or unknown. BLTA shall hold Town harmless and indemnify Town from and assume all duties, responsibility and liability for all duties, responsibilities, and liability (for payment of penalties, losses, costs, or damages) and for responding to any action, notice, claim, order, litigation, or other proceeding that in any way relates to: a) failure to comply with any environmental or industrial hygiene law, regulation, standard, policy or guideline, or imposing standards of liability or conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non-compliance results from conditions caused by Seller; and b) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by Seller. 5. Town Use of BTLA Space: Following completion of the Project, BLTA shall give the Town priority over other non-Library users in the use of meeting spaces in the Library facility, and shall provide such spaces at no cost to the Town. 6. Covenants Run With the Land: All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of Laws or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns. All of the provisions of this Agreement shall constitute covenants running with the land pursuant to applicable law. 7. Recordation: All parties shall execute this Agreement with appropriate attestations so that the Agreement may be recorded with the County Recorder of the County of Marin, State of California. Upon full execution of this Agreement, the Town shall cause this Agreement to be recorded in the official records of the County of Marin, State of California. EXHIBIT N0. C4 3 3 6F- cb 8. Governing Lave; Venue: The laws of the State of California shall govern all questions with respect to this Agreement and the rights and liabilities of the parties hereto. The County of Marin shall be the venue for resolving any dispute that arises under this Agreement. 9. Attorney Fees: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs. 10. Entire Agreement: This Agreement contains the entire Agreement of the parties hereto concerning the subject matter herein, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement, which are not fully expressed herein. 11. Additional Documents: The parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement. 12. Notice: Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: BTLA: Library Director Belvedere-Tiburon Library 1501 Tiburon Boulevard Tiburon, California 94920 Town: Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, California 94920 Any notice or other document sent by registered or certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration of five (5) days following the deposit of said notice or other document in the United States mail. 13. Assignment: Neither party shall assign this Agreement, nor any interest herein, without prior written consent of the other party. 14. Appraisals and Administrative Costs: BTLA shall pay for all reasonable costs necessary to complete the transfer and/or termination of property interests specified in this Agreement, including, without limitation, the costs of any title reports, transfer taxes, appraisals and administrative hearings necessary to complete the transactions. EXHIBIT NO.I q4 `f VF to 15. Modifications and Amendments: This Agreement may be modified or amended only by a written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the date indicated next to the authorized signatures of the principals, members or officers of each of them, as appear below. TOWN: 2, Od By: Margaret A. rran Town Manager APPROVED AS TO FORM: Ann R. Danforth, Town Attorney BTLA By: ~L Its: Ch.ai APPROVED AS TO FORM: By:` 2 i BTLA Co sel EXHIBI'T' INO. I q 5 s EXHIBIT A LEGAL DESCRIPTION - LIBRARY PARCEL ALL THAT REAL PROPERTY situated in the Town of Tiburon, County of Marin, State of California being the westerly 16,000 square feet of that certain 4.57-acre parcel of land, owned by the Town of Tiburon, commonly referred to as Zelinsky Park, and being identified as Parcel 10 of that certain Record Map of "Point Tiburon", filed for record February 16, 1984, in Volume 19 of Maps, at Page 4, having the Serial Number 84-8031, in the Records of said County, said westerly 16,000 square foot portion being more particularly described as follows: Commencing at the most westerly corner of said Parcel 10, said point being on the westerly right-of-way line of the 70-foot wide Mar West Street, as said street and corner are shown on said Map of Point Tiburon, thence along the southerly line of said Parcel 10, South 65° 47'32" East, 75.76 feet to the Point of Beginning of, and most westerly corner of said 16,000 square-foot Library Parcel; thence continuing along said southerly line, South 65° 47'32" East, 164.95 feet; thence departing said southerly line at a right angle, North 24° 12'28" East, 115.00 feet; thence, North 62° 37'13" West, 72.72 feet to an angle point in the northerly line of said Parcel 10, as said angle point is shown on said Map; thence, along said northerly line, North 70° 03'13" West, 32.43 feet to a point on the easterly right- of-way line of said Mar West Street, said point being a point of non-tangent intersection with a curve and having a Radial Bearing of South 34° 40'13" West; thence in a southwesterly direction, 131.24 feet along the Arc of said circular curve to the left, having a Radius of 965.00 feet, a Central Angle of 70 47'33" and a Long Chord which bears, South 51 ° 26'00" West, 131.14 feet to the Point of Beginning, and containing 0.37 acres, or 16,000 Square Feet, more or less. Page 1 of 3 EXHIBIT NO. I~{ & ~ = r Quiet River Land Services, Inc. Legal Description - Exhibit A - Town of Tiburon Library Parcel June 7, 2007 End of Description This description together with Exhibit B - Plat of Parcel Library Parcel, being attached hereto and made a part hereof. Page 2 of 3 Q KFviN m. WGU1RE o_ * Exp.f 3~.0$ L'x No. 6437 F OF A EXHIBIT NO. I q P. '7 es i-- (0 Kevin M. McGuire CA PLS #6437 Date LEGEND NEW PROPERTY BOUNDARY SUBJECT PROPERTY ADJOINING PROPERTY CENTERLINE MAR WEST STREET ' 6 84.4 N7 ' TOWN OF TIBURON tk,~ 2.38± ACRES / tk-b JJ' rh CO ti s \ N6 N 89 36' 40" W O g ? )2~ lei Ooh 00 '1 '5 pp • /4 Q► • DF Q- ~,~0 vs ~ / p~1 O' p ~ O S6S 4), 1b LIBRARY PARCEL 16,000 SQ. FT. .~4v ZELINSKY PARK 0.37± ACRES ~o1N TOWN OF TIBUROr /P.O.B. 'Pt- -4 1 PARCEL 10 76 19 M 4 ~6' S6S 4),9s4.57± ACRES BELVEDERE-TIBURON LIBRARY AGENCY PORTION PARCEL 'A' 15 PM 90 i S6S KEVIN Iii. McGUiRE ~P' f Z • 31.08 Q No. 6437 Q? M N SCALE: 1" =50' Uid Land Services, Inc. 5673 W. Las Posltos Blvd.. Suite 215 J hiek Pleosonton. California 94588 (925) 734-6788 Phone (925) 734-6732 Fax EXHIBIT B - PLAT OF LIBRARY PARCEL LIBRARY PARCEL, TOWN OF TIBURON MAR WEST STREET TIBURON MARIN COUNTY CALIFORNIA TBRN7001 DRN. BY: MAS CHK. BY: KMM DATE: 06/06/07 PAGE 3 OF 3 1A]'/X-7f-RIT NO W ALL-PURPOSE ACKNOWLEDGMENT State of California . ~J SS. County of ~ On 2 before me, r~ < C ' (DATE) ,J (NOTARY) personally appeared SIGNER(S) [vpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and Ca"Wift or, * 1881998 CAMMnl° Agin C My Comm. E Feb 12,2W4 TITLE(S) WITNESS my han nd off ' 1 seal. i NOTARY'S SI RE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ 13~IVIDUAL CORPORATE OFFICER 10411t~-46 4 1-1 PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT `y 4- f NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OTHER RIGHT THUMBPRINT a OF E r SIGNER Z C1 APA 5/99 VALLEY-SIERRA. 8(x)-362-3369 I1 T NO ( l q 'o (i3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~wt,Y, ~ ..~-.C"~,Y`~-.YS~'J~~tY~~-1~J~Y~~c~1^i-~(~~~YY~YY~-.y,F'`~`c~~C'-~-:1~t~1?~=1Y~Y.~i-1^ ~=~!>,f~,r-~~; t^Y~~-:Y•~Yi~YY,~~1^~Y?~c~~Y"~^i-~l>~^l~,fY State of California County of~ On before me, i~ _kLll Date ? /Nai personally appeared personally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that MARY vEli.a he/she/they executed the same in his/her/their authorized Commission 1714652 capacity(ies), and that by his/her/their signature(s) on the Notary PubNc - California instrument the person(s), or the entity upon behalf of Morin County _ which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above SI nature i " - " g SignPLPM: of Notary Public OPTIONAL t Though the information below is not required by law, it may prove valuable to persb~s relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: . Document Date: Signer(s) Other Than Named Above: Number of Pages:' C1Z `'s,/7 ZZ4A,..~ Capacity(ies) CI imed by igner s Signer's Name: n ❑ Individual ❑ Corporate Officer -Title(s): ❑ Partner- ❑ Limited ❑ General 9 Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: 7Top of thumb here 1 / ill Title of Officer (.g., "Jane Doe, Notary Pub' t") Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): - ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: lTop of thumb here ® 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT NO. I~ r,6i