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HomeMy WebLinkAboutTC Agd Pkt 2013-02-20 (2)TO: Tiburon Town Council, Town Manager - / FROM: Randy Greenberg LA EMAIL# DATE: 2/20/13 RE: Caltrans Tiburon Blvd. Relinquishment I am unclear about a number of issues related to the relinquishment. I ask for clarification at your 2/20/13 hearing and/or inclusion in the required Caltrans or town study of these issues. 1. I am unclear about what is actually driving this effort - why do we want to take on a new $125,000, or more, annual expense? What are the actual quantifiable benefits in what time fraine? 2. I am concerned that the stated costs underestimate potential real costs. First, it is important to be clear about what is really driving consideration to take over the road. The staff report emphasizes that local control is nice and broadly summarizes possible projects discussed in the draft Downtown Vibrancy Project Report. It is not clear which projects might be affected by Tiburon Blvd. jurisdictional responsibility. Without addressing some specific high priority projects, providing an estimate of their costs/benefits, and evaluating their CALTRANS involvement, it seems hard to make the case to take over the road for projects that may not be realized in the foreseeable future - or ever. I request a focused discussion of realistically anticipated possible projects, their specific advantages and estimated dollar value/cost to the Town, so that residents can understand why assuming road expense and liability make sense. Such an assessment is necessary to evaluate if the estimated cost of taking responsibility for Tiburon Blvd. could be better used to incentivize/ achieve some of the recommendations in the Vibrancy Project Report that do not require the Town to control of this portion of Tiburon Blvd. Second, I ask you to consider whether all the costs of taking over the road have been addressed and properly assessed. While the staff report says the PSSR will address environmental issues, it is not clear that this is anything more than an assessment of current conditions on the ground. Given climate change, seismic issues and the permanency of relinquishment, it is vital to the Town's interest that long range evaluation of the following be made: ~-A y_==-° • What are the increased liability issues for the Town if it takes over the road and its ROW? z What costs, if any, should be factored in to cover new liability? What issues, if any, are associated with sea level rise/storm surge for this section of Tiburon U Blvd.? Are there any potential costs associated with dealing with this issue? ~t As sea level rises, does it affect groundwater levels in this area? If it does, are there costs related to Tiburon Blvd., the ROW and/or drainage? 0 ~ What is the seismic risk factor for this section of Tiburon Blvd.? Does sea level rise affect this risk factor? What road costs, if any, are associated with these issues? In the event of an earthquake such risks currently belong to Caltrans. Should the Town take them on and at what potential cost? It appears that CALTRANS is willing, even eager, to turn over this road section and that the Town can successfully make this transfer, with some lead time, at will. My bias is to be concerned about the environmental probabilities ahead, particularly sea level rise and seismic risk, and the likelihood that these will create problems that will prove very expensive to resolve. Considering current climate change and earthquake scenarios, I expect there will be significant financial impacts associated with addressing existing obligations, without voluntarily taking on new ones. I trust that the Council will get the facts before it makes a decision to facilitate possible projects that could result in perpetual expense for the Town, which is likely to become even more costly in the future. Relinquishment is permanent. If we take on the road, it is ours forever. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting February 20, 2012 Agenda Item: *#XV I To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Consideration of Potential Relinquishment of Tiburon Boulevard from Lyford Drive to Paradise Drive Including Review of Costs and Benefits, Determination Whether to Initiate Legislation Related to Relinquishment and Request for Direction Reviewed By: BACKGROUND On March 2, 2012, at the Town Council annual retreat, Council and staff discussed the possibility of the Town seeking a relinquishment by Caltrans of the downtown portion of Tiburon Boulevard from Lyford Drive to Main Street. Council directed staff to prepare a cost/benefit analysis of relinquishment, but did not direct staff to commence the process by sending a Letter of Interest to Caltrans. The question of sending a Letter of Interest to Caltrans was raised again on April 18, 2012, under Council Reports by the Council's Downtown Committee (Mayor Fraser and Councilmember Collins), which resulted in direction to place the matter on the next Council agenda. On May 2, 2012, the Town Council directed staff to send a Letter of Interest to Caltrans (Exhibit 1) to commence the relinquishment process with the understanding that Council intended to review the matter again before making a final decision to proceed. Exhibit 2 is a letter from Caltrans in which it advises that Caltrans is interested in moving forward on the basis that the Town will make a good faith effort to complete the process. It also advises the Town that Caltrans is only able to move forward on a "no cost" basis. Caltrans is preparing a Transportation System Analysis and Evaluation, which is prepared by its staff and must be approved by Caltrans headquarters; the estimate for completion is spring of 2013. The next steps in the process are addressed in this report: the requirement for a Project Scope Study Report (PSSR), the cost for which must be assumed by the Town, and legislation, which must also be pursued by the Town. A flow chart of the Caltrans relinquishment process is attached as Exhibit 3. Staff recognizes that the question of relinquishment entails tradeoffs: the plus of control over the main roadway in the downtown versus the cost of expanded liabilities for maintenance, management and periodic reinvestment. We are now at a juncture where we require additional direction from the Town Council to continue. TOWN OF TIBURON PAGE 1 OF 4 DISCUSSION Municipalities sometimes seek relinquishment of all or portions of state highways running through their jurisdictions to gain local control over the land uses on or adjacent to these roadways and to reduce the cost and delay associated with gaining Caltrans' approval, and being subject to its decisions, whenever changes are sought. At issue for Tiburon is local control over the stretch of Highway 131 - Tiburon Boulevard - from Lyford Drive to Paradise Drive. The Caltrans process can add substantial time and cost to projects (the Lyford parking lot is an example of this phenomenon) and influence the outcome. The prospect of possible projects in the downtown on or adjacent to the Caltrans right-of-way (ROW), such as curb cuts for private projects, newsrack regulation, signage, round-abouts, parking configuration and regulation, tree planting in medians and so forth raises the question of whether it makes sense for the Town to take steps now to secure ownership of the Boulevard for the benefit of the Town. While local ownership would confer complete control to the Town, it would also come with ongoing expense as the Town would be required to repave the road periodically (it was most recently paved in 2011) and absorb other costs associated with ROW liability and maintenance that are now the responsibility of Caltrans. At the retreat in 2012 when the Town Council asked staff to develop a cost/benefit analysis, the expectation was that this would be undertaken by an outside consultant. Town staff subsequently spoke with four different firms about providing this service. What became clear was that these firms would look to the Town and Caltrans to provide all the essential information about costs, and also turn to the Town for its assumptions and projections about how land uses or infrastructure projects (such as round-abouts) might be altered by relinquishment to determine benefit. In other words, it became evident that this was a situation in which an outside firm would not be providing real value but would simply repackage information the Town provided. Consequently, staff has produced the necessary cost information itself. Costs Exhibit 4 illustrates the maintenance expense the Town would incur with relinquishment. The most expensive elements of ongoing maintenance are storm drain replacement (every 50 years) and periodic paving of the roadway (every 20 years). The relinquishment under consideration, Tiburon Boulevard from Lyford Drive to its terminus downtown, would increase the Town's current roadway infrastructure of 64.5 lane miles by 1.4 lane miles or 2%. In addition to paving, new maintenance obligations would include drainage (keeping lines clear, something not currently done by Caltrans), Beach Road traffic signal upkeep and landscape maintenance. The Town already absorbs some ROW costs, such as median maintenance, but relinquishment would clearly add to the Town's responsibilities. The cost spread sheet indicates which of these expenses are already incurred by the Town and what would constitute a new burden. The new or incremental cost of acquiring the Boulevard in this manner is estimated to be annualized at $124,300. This total includes funding for those tasks that are only periodically undertaken such as paving as well as storm drain maintenance which is currently not performed by Caltrans. Should relinquishment occur the Town would undertake these tasks as it currently does with similar obligations Townwide - on an ongoing basis and as conditions dictate and budgets allow TOWN 0 F TIBLTRON Page 2 of 4 ? z In other words, this 2% increase in the Town's street and drainage inventory would be rolled into its long-term capital planning. The increment for ongoing maintenance is $31,580 per year for tasks that range from weekly to once every seven years. Project Scope Study Report The Caltrans process requires it to conduct, at Town expense, a Project Scope Study Report (PSSR). This mandatory document evaluates the environmental, engineering and other aspects of the subject property and includes a survey (identifying the boundaries of the property changing hands), a necessary prerequisite for a land transfer of this nature. It typically takes 12-14 months to complete, although Caltrans staff advises us this might be reduced in our relatively straightforward situation. Staff has been in dialogue with Caltrans about streamlining this study which was originally estimated as $180,000 but is now projected to be $108,000. Town staff hopes to get this one-time, out-of-pocket cost reduced through further negotiation. The PSSR would be useful for the Town in both making a final decision to acquire the land and in managing it afterwards. While it is not legally binding, Caltrans does not wish to prepare the PSSR unless the Town is reasonably certain it wishes to complete the relinquishment process. (Staff does not recommend Council make a binding commitment prior to the completion of the PSSR as that study itself will be informative and could point up conditions that influence the Town's decision to acquire the roadway.) Benefits Staff believes controlling the ROW confers meaningful benefits. An excellent example is avoiding the Caltrans process the Town was required to follow to develop the Lyford Parking Lot. Despite Caltrans staff cooperation and professionalism, the agency's involvement took significant Town staff time, delayed the project by approximately one year, and modified it in ways the Town might not have chosen on its own. The agreement between Caltrans and the Town restricts the Town's ability to manage the lot going forward (for instance, the Town cannot charge users for parking, a constraint that is not an issue now but may be in the future). Town ownership of the Boulevard would have eliminated this process and allowed the Town to manage the process and outcome directly as it does for projects elsewhere in Town. Relinquishment would allow the Town to control future decisions over small matters such as curb cuts, plantings, newsrack regulation, and signage, and position it to act upon larger opportunities that may arise including reconfiguration of some sidewalk/parking areas (such as along Shark's Deli and The Boardwalk property), possible round-abouts and so forth. The Caltrans ROW is very wide - 100 feet in most locations. This means relinquishment involves a lot of property, and thus its ownership offers a significant opportunity to the Town for the downtown. Given the lengthy time frame for relinquishment, if Council believes it may pursue any right-of-way changes in the foreseeable future it may be prudent to act now to put relinquishment in motion. That said, it is also true that there is no reason to believe Caltrans will not be willing to relinquish the roadway in the future, so the option will remain open should Council choose to pass on it at this time. Legislation TOWN OF TIBURON Page 3 of 4 INV Fl, 01.111C. One reason the relinquishment process is so long is that it requires legislation to modify the State Highway Code. The Town Attorney has been in touch with Assemblymember Marc Levine's office about this simple legislation, and they stand ready to commence it upon the Town's request. In order to make this year's legislative cycle, the Town Council must authorize this legislation at this Council meeting. Launching the legislation does not have an out-of-pocket cost, and does not bind the Town Council to completing relinquishment if it subsequently decides it does not wish to consummate the process. FINANCIAL IMPACT The current estimate for the cost of the required Project Scope Study Report is $108,000, although Caltrans and Town staffs are trying to reduce this figure. The cost of taking over the maintenance of Tiburon Boulevard from Lyford Drive to Paradise Drive is estimated to be annualized at $124,300 if one includes the long-term expense of repaving every 20 years and other periodic and long-range items such as eventual storm drain replacement. The cost of regular maintenance is $31,580, including mid-range periodic items (necessary every three to five years) such as storm drain cleaning and sign replacement. The benefits of relinquishment are not quantified, but include simplified procedures for private development along the Boulevard in the downtown and Town control over future decision making for the substantial amount of land that comprises the ROW. Only the $108,000 PSSR expense is necessary in this fiscal year if the Town Council proceeds with relinquishment. RECOMMENDATION Staff recommends that the Town Council determine whether the Town should continue with the relinquishment process and proceed with one of the following options: 1. Direct staff to proceed as follows: a. Authorize staff to work with Assemblymember Levine's office on legislation b. Authorize staff to work with Caltrans on preparation of a PSSR, including funding this task at an approximate cost of $108,000 2. Provide alternative direction to staff. Exhibits: 1. Letter of Interest 2. Letter of Bijan Sartipi, Caltrans District Director 3. Caltrans Relinquishment Flow Chart 4. Relinquishment Cost Spreadsheet Prepared By: Peggy Curran, Town Manager Nick Nguyen, Director of Public Works/Town Engineer TOWN OFTIBtTRON Page 4 of 4 Town of Tiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 • P. 415.435.7373 F. 415.435.2438 • wwwci.tiburon.ca.us May 3, 2012 Mr. Bijan Sartipi District Director California Department of Transportation 111 Grand Ave. P.O. Box 23660 Oakland, CA 94623 Subject; Relinquishment of End Portion of State Route 131 - Tiburon Blvd. Dear Mr. Sartipi: Last evening the Tiburon Town Council voted to express the Town's interest in initiating the process to relinquish the eastern end-portion of State Route 131, from Lyford Drive to Main Street. As a next step in the relinquishment process, we understand that Caltrans staff will promptly initiate the preparation of a System Analysis (TSAE) and Project Scope Summary Report (PSSR) for review. The Town will assist your staff in any way possible to expedite the process. We understand from our conversation on February 22, 2012, with Mr. Curt Davis, Supervision Transportation Planner, that the Town is not committed to complete the relinquishment process if the Town determines along the way that it is not in its best interests to do so. Therefore, this request is contingent upon the Town's right to withdraw from the relinquishment process at any time without cost or obligation to the Town. We have had a great working relationship with Caltrans on projects in our local community and look forward to working with Caltrans again through this process. Please let us know what the next steps are. Very truly yours, Nicholas T. Nguyen, P.E. Director of Public / Town Engineer Cc: P. Curran Curt Davis, Caltrans Erik Alm, Caltrans Wingate Lew, Caltrans Dianne Steinhauser, Executive Director, Rafael, CA 94901 Project file ✓ TAM, 750 Lindaro Street, Suite 200, San Margaret A. Curran Town Manager STATE OF CALIFORNIA--BUSINESS TRANSPORTATION AND HOUSING AGENCY MI-A XT n G. BROWN Jr.. vernor DEPARTMENT OF TRANSPORTATION 111 GRAND AVENUE e' P.O. BOX 23360 OAKL:kND, CA 94623-0660 PHONE (510) 286-5900 Flex your power! FAX (510) 286-6301 Be energy efficient! TTY 711 www.dot.ca.gov October 5, 2012 Mr. Nicholas T. Nguyen, P.E. Director of Public Works Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Dear Mr. Nguyen: We received your letter confirming Town of Tiburon's (Town) interest in the relinquishment of State Route 13.1,(SR 131) from Lyford Drive to Main Street to local ownership and operation. An assessment4this proposal concluded that the segment of SR 131 in question can be considered for relinquishment. We have begun working on our Transportation System Analysis & Evaluation. We are also preparing a scoping document that will authorize the preparation of deed maps for presentation to the California Transportation. Commission. As you are aware to accomplish this, legislation enacting the relinquishment will be required. It'is our understanding that the Town will lead that effort. , Given the resource needed to go through the relinquishment process, we are assured that the Town will make a strong good faith effort to complete the process. Please note, Caltrans is only able to pursue a "no cost" relinquishment of SR 131, meaning Caltrans cannot provide any funding for road improvements or rehabilitation prior to relinquishment. If you have any questions or have reservations about proceeding with the relinquishment process, please contact Lee Taubeneck, Deputy District Director, Transportation Planning and Local Assistance, at (510) 286-5908. Sincere r f ict~o BIJAN Distri c: Dianne Steinhauser, Executive Director, TAM "Calirans improves mobility across California" x TOWN OF TIBURON Town Council Meeting ~R 1505 Tiburon Boulevard February 20, 2013 ,f ' Tiburon, CA 94920 Agenda Item: Z To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Update on Board and Commission term expirations; Consider Reappointment of those members seeking another term; Advertise Remaining Vacancies Reviewed By: BACKGROUND At the January 16, 2013 Council meeting, Mayor O'Donnell announced the current and pending vacancies on Town boards, commissions and committees in the coming year. Pursuant to Town Council Resolution No. 16-2007 (Appointments Procedure), the Town Clerk then published a Notice of Current & Pending Vacancies on Boards & Commissions in the Ark, and posted it Town Hall and the Belvedere-Tiburon Library. The following board and commission terms expire at end of February 2013: Planning Commission John Kunzweiler Design Review Board - Greg Johnson Heritage & Arts Commission - Elizabeth Merrill Building Code Appeals Board - Chuck Clemons and Rich Ostaggi Jt. Recreation Committee - Jane Jacobs and Jerry Riessen According to Town policy, Commissioners who have less served less than two years are eligible for automatic reappointment, and the Council is not required to interview any new applicants for these vacancies. Chuck Clemons and Rich Ostaggi are eligible for automatic reappointment under this policy. Jane Jacobs and Jerry Riessen are completing their terms (two years, under the Jt. Recreation Committee bylaws) and are also eligible for automatic reappointment. With the exception of Design Review Board member Greg Johnson and Planning Commissioner John Kunzweiler, who have submitted letters of resignation to the Town, the remaining board and commission members have notified the Town Clerk of their interest in being reappointed to their respective boards and commissions. RECOMMENDATION Staff recommends that the Town Council: 1. Consider reappointment of the board and commission members whose terms expire at the end of February, 2013: Elizabeth Merrill (Heritage & Arts Commission) Chuck Clemons (Building Code Appeals Board) Rich Ostaggi (Building Code Appeals Board) Jane Jacobs (Jt. Recreation Committee) Jerry Riessen (Jt Recreation Committee) 2. Direct staff to advertise to fill the vacancies created by the resignation of Greg Johnson (Design Review Board) and John Kunzweiler (Planning Commission). Exhibits: a) Notice of Pending Vacancies on Town Boards, Commissions & Committees - January 2013 b) Letters from Board and Commission members concerning reappointment Prepared By: Diane Crane Iacopi, Town Clerk NOTICE OF CURRENT & PENDING VACANCIES On Town Boards, Commissions & Committees January 2013 PLANNING COMMISSION DESIGN REVIEW BOARD HERITAGE & ARTS COMMISSION BUILDING CODE APPEALS BOARD BELVEDERE-TIBURON JOINT RECREATION COMMITTEE LIBRARY AGENCY BOARD OF DIRECTORS The following vacancies on Town Boards, Commissions and Committees are current or pending in 2013. Pursuant to Resolution No. 16-2007, the Tiburon Town Council will conduct interviews of interested applicants beginning in February 2013. Current commissioners whose terms are expiring may seek re-appointment for another term; commissioners who have served terms of less than two years are eligible for automatic re- appointment. Most Town appointments are made for four-year terms, effective March 1. Other terms are stated in the agency's by-laws, for instance, the Belvedere-Tiburon Library Agency terms are for three years and expire at the end of June. Applicants should be residents of the Town of Tiburon and have the time, interest and desire to serve on the board or commission, including attendance at regular monthly meetings and other activities. Some commissions, such as the Heritage & Arts Commission, are comprised of residents of both Tiburon and Belvedere, or the Tiburon Peninsula. Applications can be obtained at Town Hall, 1505 Tiburon Boulevard, or from the Town's website, ivii tit'. cl. tlburon. ca. us (click on "Useful Forms"). You may also contact Town Clerk ,ci. tiburon. ca. us (tel: 435-7377) for more information. Diane Crane Iacopi at dcrane(? TOWN OF TIBURON NOTICE OF CURRENT & PENDING VACANCIES ON BOARDS, COMMISSIONS & COMMITTEES JANUARY 2013 PLANNING COMMISSION Appointee Appointed Term Expires • John Kunzweiler 2004;2005;2009 2/28/13 DESIGN REVIEW BOARD Appointee Appointed Term Expires • Greg Johnson September 2011 2/28/13* HERITAGE & ARTS COMMISSION Appointee Appointed Term Expires • Elizabeth Merrill June 2012 2/28/13* • Ric Postle April 2010 2/28/15 (resigned Dec. 2012) BUILDING CODE APPEALS BOARD Appointee Appointed Term Expires • Chuck Clemons April 2012 2/28/13* • Rich Ostaggi June 2012 2/28/13* BELVEDERE-TIBURON JOINT RECREATION COMMITTEE Appointee Appointed Term Expires • Jane Jacobs 2008; 2011 2/28/13* • Jerry Riessen 1992; 1999; 2003;2007;2011 2/28/13* BELVEDERE-TIBURON LIBRARY AGENCY BOARD OF TRUSTEES Appointee Appointed Term Expires • Beverlee Johnson 2007; 2010 6/30/13 *Appointees who have served terms of 2 years or less are eligible for automatic reappointmentpursuant to Town Council Resolution No. 16-200 7. Courtesy Copies to: The Ark (or publication on January 23 & 30. 2013) The Marin Independent Journal Notice Posted at Tiburon Town Hall and Belvedere/Tiburon Library Page 1 of 1 Diane Crane lacopi From: jobs@energycalcco.com Sent: Tuesday, January 22, 2013 8:07 AM To: Diane Crane lacopi Subject: Term Expiration Good Morning Diane- I would like to be considered for reappointment to the Building Code Appeals Board. Thank You, Chuck Clemons Energy Calc Co. 45 Mitchell Blvd, Suite 16 San Rafael, CA 94903 415-457-0990 www.energycalcco.com TOWN CLERK TOWN OF TIBURON 1/23/2013 Page I of I Diane Crane lacopi From: richo@att.net Sent: Thursday, January 24, 2013 8:04 PM To: Diane Crane lacopi Diane, I will be happy to be considered for reappointment to the Building Code Appeals Board. Rich Ostaggi PD 1 ~ r:J ~r 3 TOWN CLERK TOWN OF TIBURON 1/25/1-013 Page 1 of 1 Diane Crane lacopi From: jane jacobs Banemjacobs@hotmail.com] Sent: Tuesday, January 22, 2013 8:10 AM To: Diane Crane lacopi Subject: Jt. Rec term expiration... Dear Diane, Thank you for your notice regarding my tenure on the REC Committee. I am indeed seeking another term as I want to be part of the Dairy Knoll initiation. I would appreciate the Town Council renewing my term. If you need more information from me, please don't hesitate to call 435-0243. Very truly, Jane M. Jacobs 1i sl i ( v CLERK ' OLIN OF IBURON 1/23/2013 Page 1 of 1 Diane Crane lacopi From: Jerry Riessen D.riessen@comcast.net] Sent: Tuesday, February 12, 2013 9:37 AM To: Diane Crane lacopi Cc: (Belvedere Jt. Recs.) Director Subject: Fwd: re-up for the committee Hi Diane, Since I was voted Chair last night, it seems necessary that the Town accepts me - unless I want to form a splinter Rec organization. Yes, I want to serve another term on Belvedere Tiburon Joint Recreation (or whatever we call our rebranded self). Best, Jerry Begin forwarded message: From: "Cathleen Andreucci" <directorn.btrecreation.org> Date: February 11, 2013 8:23:27 PM PST To: "Jerry Riessen" <j_.riessen@.comcast,net> Subject: re-up for the committee Diane asked me to remind you that she needs your intent to continue on the committee in writing. Your term is up at the end of Feb! Thanks Director Belvedere Tiburon Joint Recreation 1505 Tiburon Blvd., Suite A Tiburon, CA 94920 415-435-4355 phone 415-435-8157 -Fax director ,J,btrecreation.org Like us on FaCebo,ok 91 1c; Fr' i'sS it I L, J {~Uv~PO; C~-Ekt~ OWN OF TIBURON 2/12/2013 Page 1 of 2 Diane Crane lacopi ~9J @9 ] r~, " o trot From: Greg Johnson arctct mail.com~' Sent: Tuesday, February 05, 2013 10:30 PM i To: Diane Crane lacopi Cc: Dan Watrous T00,14 CLERK Subject: Re: DRB Position TOWN OF TIBURON Hi Diane &Dan - Sadly I have Come to the conclusion that I will not be able to dedicate the time to this position going forward given the changes that have taken place over the past few months. I am very sorry that I have to make this choice as I really enjoy being a part of the DRB. I hope that I can do this again in the future when the timing works better. Based on my travel schedule, it appears that this Thursday will be my last day as I am out of town on the 21 st. Please let me know what steps I need to take to close out my role. Again, I am very sorry that I cannot continue serving my role as a member of the DRB at this time and I am grateful for the experience and I hope that I can serve again. Greg Sent from my iPad Greg Johnson, AIA Project Director - Planning + Design Services (415) 987-7141 On Jan 30, 2013, at 10:36 AM, "Diane Crane Iacopi" <DCranenci.tiburon.ca.us> wrote: Of course! I will want to report to the Council at their February 20 meeting, so if I might have your answer sometime during the second week of February (but no later than the 14th when the packet will go out), that would be great. Here's wishing you well, whatever your decision. The Town values your service. Best, Diane Crane lacopi Tiburon Town Clerk From: Greg Johnson [mailto:gjarctct@gmail.com] Sent: Wednesday, January 30, 2013 10:28 AM To: Diane Crane Iacopi Cc: Dan Watrous Subject: DRB Position 2/6/2013 Page 2 of 2 Hello Diane - I received your letter regarding my DRB Term Expiration at the end of February 2013. 1 have truly enjoyed every minute of my involvement on the DRB and getting to know my fellow board members. I've recently made some career changes so I need to carefully evaluate whether or not I will have the capacity to continue serving on the DRB given my increased work load. May I have another week to do so before informing you of my decision to stay on the board for another term? It's important to me that I am able to carry out my role in a professional manner warranted by this position - Thank you, Greg Greg Johnson, AIA Project Director - Planning + Design Services gjarctct@gmail.com 415-987-7141 2/6/2013 Page 1 of 1 Diane Crane lacopi From: john kunzweiler Dohnkunzweiler@yahoo.com] Sent: Tuesday, February 12, 2013 8:16 AM To: Diane Crane lacopi Subject: Re: Follow-up to our conversation last week... Diane, Thanks for thinking of me..... I talked with Dick Collins and left detailed messages with JimF and Alice. So, you are good to go with an "announcement." So I assume I attend the next PC meeting and officially retire thereafter, or do I serve until a replacement?? thanks John Kunzweiler +1 415 706 1996 Tiburon, CA 94920 From: Diane Crane lacopi <DCrane@ci.tiburon.ca.us> To: (Tiburon Planning Commission) John Kunzweiler <johnkunzweiler@yahoo.com> Sent: Monday, February 11, 2013 11:33 AM Subject: Follow-up to our conversation last week.... Hi, John, Hope you are well and enjoying this beautiful weather. I am preparing the staff report I told you about that will go to the Council next week....) don't want to nudge you but the report will go out this Thursday (because we're off on Friday), and I will need to know how to report about your term expiration. If you need a little more time that's okay ....just let me know so I know how to write the report. I can say I am still waiting to hear or something like that. Best, DCI T01ml-4 -ERK TOWN OF TIBURON 2/12/2013 To: From: Mayor and Members of the Town Council Community Development Department Town Council Meeting February 20, 2013 Agenda Item: P#_ I Subject: 23 Cecilia Court; File No. 31202; Amendment to the Tiburon Highlands Precise Plan to Establish a Secondary Building Envelope; Thibault de Chatellus, Owner; Pedersen Associates, Applicant; Assessor Parcel No. 034-360-08 1-1 Reviewed By: 41 tL,;, PROJECT DATA Address: Assessor's Parcel Number: File Number: Lot Size: Zoning: Precise Plan: General Plan: Current Use: Owners: Applicant: Date Complete: BACKGROUND 23 Cecilia Court (Lot 12, 034-360-08 31202 Tiburon Highlands) 12,204 square feet RPD (Residential Planned Development) Tiburon Highlands Precise Plan (PD #15) M (Medium Density Residential) Single-Family Residential Thibault de Chatellus Pedersen Associates December 13, 2012 This application is proposing an amendment to the Tiburon Highlands Precise Plan for property located at 23 Cecilia Court. The applicants wish to establish a secondary building envelope on the east side of the property, to expand an outdoor patio, which will include retaining walls, at- grade stairways, exterior lighting and a spa. On January 9, 2013, the Planning Commission adopted Resolution No. 2013-01 (Exhibit 1) recommending to the Town Council that the Precise Plan amendment be approved. PROJECT DESCRIPTION The Tiburon Highlands Precise Plan was approved by the Town Council in 1988, and includes 42 single family lots along Upper Cecilia Way, Cecilia Court, Cayford Drive, Southridge Drive and Warrens Way. The precise plan established primary building envelopes for each of the lots within the subdivision, and states that "no improvements of any type, including fences, temporary or otherwise, shall be permitted outside the approved building envelopes, except driveways, retaining walls associated with driveways or which support driveways, and decks." The building TOWN OF TIBURON PAGE 1 OF 3 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 I1C I* I ;A1 tct1141 d) ruil n. envelopes established by the Tiburon Highlands Precise Plan were intended to allow adequate space for the development of each parcel, while providing a buffer between the envelopes and nearby private open space areas. It was not the intent of the Tiburon Highlands Precise Plan to prevent homeowners from more active use of areas adjacent to their residences, so long as they did not impinge on nearby open space areas or impact neighboring homes. The owners of the property at 23 Cecilia Court propose to construct an expanded patio area for the purposes of installing a spa and other landscape improvements outside of the approved building envelope for their lot. A 766 square foot "secondary" building envelope would be created to the rear of the house, and adjacent to the rear of the approved building envelope, to allow construction of the proposed landscape improvements. No buildings would be allowed in the secondary building envelope. ANALYSIS The subject site is located at the end of the Cecilia Court cul-de-sac. The property itself is narrow at the front, and widens at the rear, similar to other properties located on Cecilia Court. The building envelope is located on the level portion of the site, closest to the street. The existing dwelling spans a majority of the building envelope, leaving only a small portion at the rear of the dwelling for an outdoor patio area. The remaining undeveloped rear portion of the site slopes steeply downward to the east, towards Warren's Way. The proposed secondary building envelope is modest in scope, with a depth of only ten feet, and spans the length of the existing building envelope at the rear of the site. While modest in size, the proposed secondary envelope would allow for an expansion of the existing outdoor patio area in order to incorporate a spa and other small landscape improvements. The remaining undeveloped portion of open space at the rear of the property would still provide for an adequate buffer between adjacent properties, and would remain outside any development envelopes. REVIEW BY THE PLANNING COMMISSION The Planning Commission held a public hearing on this application at its January 9, 2013 meeting. During the meeting, the neighbor located below the subject site, located at 7 Warren's Way, indicated that while his property was the most affected by the proposed landscape improvements, he was not in opposition to the project. He raised concerns regarding the need to re-establish landscape screening between the two properties for privacy, in addition to ensuring that proper drainage improvements were included with the drawings submitted for construction. Both the Commission and staff reassured the neighbor that these items would be addressed during the Site Plan and Architectural Review and Building Permit processes. The Planning Commission raised concerns regarding provisions within the Tiburon Highlands Precise Plan, and the lack of restrictions to allow this type of project. However, due the modest nature of the proposal and its consistency and compatibility with existing uses and development patterns of the adjacent properties, the Commission found the application to be in conformance with the Tiburon Highlands Precise Plan and the Tiburon General Plan, and therefore voted 3-0 to recommend approval of the application. I ow11 ( 'ouII~: it Vicc, it ENVIRONMENTAL REVIEW Staff has preliminarily determined that the subject application is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15301 of the CEQA Guidelines. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing on this item 2. , Adopt the Draft Resolution (Exhibit 5) finding the project exempt from CEQA and conditionally approving the application. Exhibits: 1. Planning Commission Resolution No. 2013-01 2. Application Form and Supplemental Materials 3. Planning Commission Staff Report dated January 9, 2013 4. Draft Minutes of the January 9, 2013 Planning Commission Meeting 5. Draft Resolution Prepared By: Laurie Tyler, Associate Planner oT'\'' Of_ t(11 'F2O\ Page .y of RESOLUTION NO. 2013-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL APPROVAL OF AN AMENDMENT TO THE TIBURON HIGHLANDS PRECISE DEVELOPMENT PLAN (PD #15) FOR PROPERTY LOCATED AT 23 CECILIA COURT LOT 12, TIBURON HIGHLANDS SUBDIVISION ASSESSOR PARCEL NO. 034-360-08 WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Town has received and considered an application filed by Thibault De Chatellus for an amendment to the Tiburon Highlands Precise Development Plan (PD #15) to create a secondary building envelope for the property developed with an existing single-family residence at 23 Cecilia Court. The application consists of the following: 1. Application form and supplemental materials, dated October 30, 2012 2. Site Plan and Building Envelope Plans, dated November 13, 2012 B. The Planning Commission held a duly-noticed public hearing on January 9, 2013, and heard and considered testimony from interested persons. C. The Planning Commission has found that the project is exempt from the requirements of the California Environmental Quality Act per Section 15301 of the CEQA Guidelines. D. The Planning Commission finds, based upon application materials and analysis presented in the January 9, 2013 Staff Report, as well as visits to the site and testimony received from the applicant, that the project is generally consistent with the overall intentions of the Tiburon Highlands Precise Development Plan. The new secondary building envelope would improve the ability to fully utilize the outdoor living areas of the subject property without resulting in any impacts on nearby homes, and in a manner consistent with neighboring properties, and is very limited in scope. E. The Planning Commission finds the project to be consistent with the goals and policies of the Tiburon General Plan. Land Use Policy LU-13 states that " neighborhood character, which is defined by the predominant architectural styles, type of buildings, building heights, mass, setbacks, landscaping, and natural characteristics, shall be of material consideration and preserved in all construction projects, including remodels and additions, to the maximum extent feasible." The proposed secondary building envelope would not result in any impacts on nearby residential properties, and would maintain a similar neighborhood character to the existing single-family dwellings located immediately adjacent to and in the vicinity of the subject site. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of the new secondary building envelope for Lot 12 (23 Cecilia Court) of the Tiburon Highlands Precise Development Plan (PD #15) to the Town Council, subject to the following conditions: RESOLUTION NO. 2013-01 JANUARY 9, 2013 TIBURON PLANNING COMMISSION 1. The approved secondary building envelope for the property at 23 Cecilia Court shall be amended as reflected on the Site Plan, prepared by Pedersen Associates, dated November 13, 2012 (one sheet), attached as Exhibit "A." 2. The secondary building envelope shall be utilized only for construction of walls, decks and accessory structures. No portion of the existing house shall be expanded into the secondary building envelope. 3. This Precise Development Plan Amendment approval shall be valid for 36 months following its effective date, and shall expire unless subsequent zoning and/or building permits have been issued pursuant to this approval. A time extension may be granted if such request is filed prior to the expiration date. 4. This approval shall in no way alter other provisions of the Tiburon Highlands Precise Development Plan not specifically described herein. PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on January 9, 2013, by the following vote: AYES: COMMISSIONERS: Kunzweiler, Tollini, Weller NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Corcoran, Welner y w ERIN TOLLINI, CHAIR Tiburon Planning Commission ATTEST: DANIEL M. WATROUS SECRETARY Attachment: Exhibit A: Site Plan dated 11-13-2012 TIBURON PLANNING COMMISSION RESOLUTION NO. 2013-01 JANUARY 9, 2013 e m z a 0o 6 ozo -4 ~ c° < o m o m m r m> m m A O m D A F" FD W W CA CA T -T1 C)CM > C M co.o 5zy Z Imo S $g Z ~I oz Zm n r z 2 a s m O c r a a t V mg + 1 \ ~ ;e 1'0 ; € ~ ~g I r 1 \ Ion t \ 1 \ ~ \T NS e ~ I I I ~ O v/~ / S~ti/ , II• O ~ .N J 8 s a~ 6q 1 \ ci r \ \ \ 11 7 ~ s\ \ ~1,\ \ 1111 ~ ~ c f I I1\~ S7 zl ) 91 S pmn~ m~8 c \/\J1 4 ~ 1 o r Z GILL 2~ _ Z p' N O (S~ > r o yr 3 m n CNi A, 0,0 ' i7 = I - r~ -0 O- Mz Z 9 Co ai n m > g c m > U m s , v o m C 4c m9 > nm , s 6 Z5 n _ 0 A u 1Z I m a ~z S a' ~ o TOWN OF TIBURON OCT 3 0 20 12 D LAND DEVELOPMENT APPLICATIO PLANNING DIVISION TYPE OF APPLICATION o Conditional Use Permit q#frecise Development Plan o Secondary Dwelling Unit o Zoning Text Amendment o Rezoning or Prezoning o General Plan Amendment o Change of Address o Design Review (DRB) o Design Review (Staff Level) o Variance(s) # o Floor Area Exception o Tidelands Permit o Sign Permit o Tree Permit o Tentative Subdivision Map o Final Subdivision Map o Parcel Map o Lot Line Adjustment o Condominium Use Permit o Certificate of Compliance o Other APPLICANT REOUIRED INFORMATION SITE ADDRESS: Z~ G~ C.l LlA r-0 uizT PROPERTY SIZE: PARCEL NUMBER: 360 - D S ZONING: E-- PROPERTY OWNER: - (M ( 1~,,4 LA MAILING ADDRESS: ~1q2 Gr-_ G I-- .--tai S PHONE/FAX NUMBER: (T2) y) GI L - 0 3 2 f0 E-MAIL: tdeck f I C ,54 Trim btu (fie cam i APPLICANT (Other than Property Owner): MAILING ADDRESS: L- D PHONE/FAX NUMBER:(±-+]~Ta) E- AIL: Fve & er~e~S~haS&OC,0 6 k -6 om ARCHITECT/DESIGNER/ENGINEER MAILING ADDRESS: z-q- (-t 5_( K:::~ 5/AN PHONE/FAX NUMBER: L4:115) q-r,4.o - Zo Yy LT) E-MAIL:Pv~L~YS ne~er5eha►sso~i s, Cam c,+1151 4r,-49 - 2,C)3& C.1=) l~ok;Ldo, v -Cvsa, A560cza-ks. core Please indicate with an asterisk persons to whom Town correspondence should be sent. BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed): P Iz~G[ S 1= L L,AI,t F1Z0P b S fFp B~~t I L Df l~ 6 ~(,lV -E L-C> pF- fL 1QP( F/GA7i b}-t 7"b •4-CC-C>MQ0-A TE- L-N05C6-p- 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 limitation, any award of attorney's fees t i r ult from the third party challenge. Signature: * Date: /0/10 *If other tha owner, must have an authorization letter from the owner or evidence of de facto control of the prope , or premises for purposes of filing this application DO NOT WRITE BELOW THIS LINE DEPARTMENTAL PROCESSING INFORMATION ApplicationNo.: 312OZ GP Designation: Fee Deposit: ; 5-%2 Date Received: IOZIWi2 i Received By: Receipt 136 ' Date:Deemed Complete: ' 17 -b ll2By: U~' Acting Body: Action: Date: Conditions of Approval or Comments: Resolution or Ordinance # CXI~,d~f Z 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 limitation, any award of attorney's fees that might result from the challenge. Signatur ~b~!rwggora/'/'/ * Date• '0~Alra ~i *If othe trnowner, must have an authorization letter from the owner or evidence of de facto control of the property oes for purposes of filing this application DO NOT WRITE BELOW THIS LINE DEPARTMENTAL PROCESSING INFORMATION Application No.: GP Designation: Fee Deposit: Date Received: Received By: Receipt Date Deemed Complete: By: Acting Body: Action: Date: Conditions of Approval or Comments: Resolution or Ordinance # NOTICE TO APPLICANTS Pursuant to California Government Code Section 65945, applicants may request to receive notice from the Town of Tiburon of any general (non-parcel-specific), proposals to adopt or amend the General Plan, Zoning Ordinance, Specific Plans, or an ordinance affecting building or grading permits. If you wish to receive such notice, then you may make a written request to the Director of Community Development to be included on a mailing list for such purposes, and must specify which types of proposals you wish to receive notice upon. The written request must also specify the length of time you wish to receive such notices (s), and you must provide to the Town a supply of stamped, self-addressed envelopes to facilitate notification. Applicants shall be responsible for maintaining the supply of such envelopes to the Town for the duration of the time period requested for receiving such notices. The notice will also provide the status of the proposal and the date of any public hearings thereon which have been set. The Town will determine whether a proposal is reasonably related to your pending application, and send the notice on that basis. Such notice shall be updated at least every six weeks unless there is no change to the contents of the notice that would reasonably affect your application. Requests should be mailed to: Town of Tiburon Community Development Department Planning Division 1505 Tiburon Boulevard Tiburon, CA 94920 (415) 435-7390 (Tel) (415) 435-2438(Fax) www.ci.tiburon.ca.us SUPPLEMENTAL APPLICA7ION FORM FOR MINOR ALTERATION TOWN Of' TIBURON RE v. 9-2012 PAGE 6 MINOR ALTERATION SUPPLEMENT Please fill in the information requested below: 1. Briefly describe the proposed project (attach separate sheet as needed): LI OCI 302012 PLANNING DIVISION 2. Lot area in square feet (Section 16-100.020(L))*: I S ( 2 D'+ 4 r~_ Zoning: 3. Square footage of Landscape Area: 4. Proposed use of site (example: single family residential, commercial, etc.): Existing e? l Rrr"1 Proposed Gi l V4 & 1-:- tFAEA IL- f MS; (1a_ N-T l~-l- 5. Describe any changes to parking areas including number of parking spaces, turnaround or maneuvering areas. ` + / b] Av- TO BE COMPLETED BY APPLICANT STAFF USE ONLY ITEM EXISTIN PROPOSED ADDITION PROPOSED CAL- PER ZONE G AND/OR ALTERATION CULATED Yards (Setbacks from property line) (Section 16- Q ft. 2Q ft. ft. ft. 100.020(Y))* Front Rear eft. ft. 2, ft. ft. ft. Right Side (d ft. ft. ft. ft. ft. Left Side ft. ft. ft. ft. ft. Maximum Height (Section 16-30.050)* ft. ft. ft. ft. ft. Lot Coverage (Section 16-30.120(B))* sq sq.ft ~ sq.ft. sq.ft. sq.ft. Lot Coverage as Percent of Lot Area % % % % % Gross Floor Area (Section 16- sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. 100.020(F))* *Section numbers refer to specific provisions or definitions in the Tiburon Municipal Code, Title IV, Chapter 16 (Zoning) SUPPLEMb'NTAL APPLICATION FORxf FOR MINOR ALTERATION TOWN OF TIBURON REV. 9-2012 PAGE 4 Laurie Tyler From: de Chatellus, Thibault <TdeChatellus@JambaJuice.com> Sent: Monday, November 05, 2012 9:29 AM To: Laurie Tyler Cc: Pete Pedersen Subject: 23 Cecilia Court Attachments: Approval Bob Groves 21 Ceclila Ct.pdf; Approval Brian Riley 22 Ceclilia Ct.pdf; Approval Mark Cooper 7 Warrens Way.pdf; Tiburon Highlands HOA Approval.pdf, Tiburon Highlands HOA Approval Appendix.pdf Dear Laurie, I have had an opportunity to review the project and get the approval of my neighbors and the HOA over the WE. I have attached (1) scanngd copies of the plan signed by each of my neighbors (2) an approval letter from the HOA with the plan on appendix. Please confirm that this is what is needed for the review. Best regards, Thihault Thibault de Chatellus 23 Cecilia Ct Tiburon NOV LIS, 3 ?01/ , r1\.,1 10N 1 VVHEN RECORDED RETURN TO: Tiburon Highlands Homeowners' Association c/o Ann Eller, Manager PO Box 523 Woodacre, CA 94973 ILI V NOV 132012 PLANNINI DIVISIOW Space Above this Line for Recorder's Use COVENANT RE: ARCHITECTURAL ALTERATION TIBURON HIGHLANDS HOMEOWNERS ASSOCIATION, TIBURON, CA. 94920 5A-u L-4 ~ 4tn 1~~l Owner (s) of Record: "Owners") Property Address: L4 cT -11 BU toyjcthe Property) APN Number: Property Description: NOTICE IS HEREBY GIVEN that TIBURON HIGHLANDS HOMEOWNERS ASSOCIATION, hereinafter "Association," and Owners, have entered into an agreement that binds all owners of the Property, and all future successors and assigns. For all purposes herein, reference to Owners includes all future owners of this Lot and their successors and assigns. This covenant affects possession or title within the meaning of California Government Code section 27280. Owners have requested the Association approve the following alteration(s): ~ F l/~ C D i R t C7 tJ (7~1Z ]?i?,o PO k-~-L W L Ca W[ L-4 A-tt~ t:l~ C'/TI Q\,) 0v- f ~TA~ L j1 &'(r- j k /A-u- Pagel of 3 In the event any part of this alteration extends over the Common Area, any resulting use of the Common Area shall be deemed a license, revokable by the Association upon breach of this covenant. As a condition of Association approval, Owner has already or shall comply with the following requirements and covenants as identified with an (x) below: (X) Work performed by a licensed contractor. Provide Name and License (X) A building permit procured and all work performed in accordance with that permit and all applicable building codes. O A licensed architect's or engineer's written opinion that the (proposed) modification does not impact the structural integrity, fire separation, or acoustical separation in the building. (if it does this must be addressed in detail before the request can be processed by the Association.) (X) Written "non-opposition" from the owners neighboring addresses: (X) Complete work expected to take approximately how long? . Notify Management when projects begins and ends. Other: Homeowners will be responsible for removal and replacement of anv common area landscaping affected. Association may agree to grant approval for said architectural alteration in exchange for Owners' covenants herein and as follows and where an (x) has been placed and been initialed: (X) Owner shall be responsible to maintain, repair and replace all aspects of the Alteration(s), OR Association shall be responsible to maintain, repair and replace the Alteration as necessary. Owner shall reimburse the Association for all such costs incurred. Association may require payment of estimated costs prior to such work being performed. X Owner shall disclose this agreement to all subsequent purchasers of the ( ) residence. (X) Owner shall indemnify, hold harmless, protect and defend the Association, Directors and Management Company against any and all claims arising from or in any way related to the approval of the Alteration(s) or the Alteration(s) itself, including but not limited to, any and all acts, omissions, or claims arising in connection with the approval, construction, maintenance, repair, or use of said Alteration. Page 2 of 3 (X } _Owner shall reimburse Association for costs and recordation fees related to the preparation of this agreement and its filing. In the event of a dispute regarding or arising out of the Alteration(s) or this agreement, the prevailing party shall be entitled to attorneys' fees and costs. Owner agrees to maintain general liability insurance on the property. Owner shall-add -the-Association and the Management Company as additional insureds on the Owners' general liability insurance. Any amounts due to the Association under this agreement may be collected in the same manner as the CC&Rs and Civil Code §1367.1 provide for collection of an assessment. The undersigned are the Owners of record of the above-referenced Lot and an officer or agent for the Association: - THESE SIGNATURES MUST BE SEPARATELY NOTARIZED. DATED: C Owner: DATED: 2-0) 2- Owner: DATED: /2,0 1 Z- Management Agent or President for the Tiburon Highlands' Homeowners' Association (ATTACH NOTARY ACKNOWLEDGMENTS) Page 3 of 3 F r fi 4 z z z O z~ 6°vys4 T. g 0 3 m m ° z A 4 A O Q+ N N N O C E r i 9 I - I g i a 8 C S ' V 111 ,'r - n a, D \ ~ ~ a=• ,1 C i ` 1 1, \ e 1 3 \4' a 9 1 e ao•' V\4 s i e 1 ~ lt6a i ~ a i ~ ~I f T T T ~ e~ 4 ° o D a °b p Oy L i mm n m z o D 9 =m Zy m P, m J n 0 2 F 4 ~M m m m o m 0 v C) V m m 0 x A t A m F" IJ f0 y N bl T T T i i ~ CJ rv ~ hr 4 ',1 SERI = rn a ;m o n0(n b°m _p i I i ~ t , I z •r, ~ ~ _ roar 1..% ~ r .1 14 _ 1 11 - r H H r , ' , ~ ~r. \ a ` ~ • ~ i ~ Ili +\~\~,f • ~a ~ _ V- 4 TIP.n' Q r ~Z f y o~ .j l ;r / i i a , i 1 d!i _ ^p 9 ~ ^ ~ ' s y ma nm N m ~ S J ~ V 1 ~ ¢ ~ y F am r W y a ~ 1 ~ ~z ~ - 1 n • ~ Q 1 CA I r U z m n 0 C70 9 C~ 64 ~ s~ rnrn rn GZ1 m v v z D (Cmn O r o o o m m 0 z s. ♦ a J O ~O g o li ; rA (A w ' a O `why 1„n , `'1 1 J X1 1l,, - D r „ A ~ i I. __s8 t 1 \ o i 1 1 - 4 0 1 yS~ 1 a 9p & . E + a ~ , 1 1 _ IS / ~ i -1\ i \I E 0 p ~ I ya 1 a / 1 1' ~ i ° K L a S A J 1 , ~ * , `r R n 1 J a~ T Z1 7t _ ~ ~ ~ 4 _ Ij ozH L o ~g 1 = a ze m A z jI f ~ 2 ~ C ~ aN ~ - s rfli~ amo > $ o II` '9 YI V ~ ~ ~ ~ N m C 1 J D a a r Z z I ~ I ~ Z I a CD p I a m O Z b 4 0 C-0 O N ~ zd wc; =_S F z czi~ m sip v m m m °z a + a io L+ O C -i T Z i I s a c: \ r,r r h ~ ~ ` 1.11~1 ' i ~ ~_J i a g ~D e ! r0ya 16 50 M YqS n 3d ~ ~---J ~ T tt T 99 " 4 U"u w ' Z ° Svc ` n g = 3m 0 m J TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: Members of the Planning Commission From: Associate Planner Tyler 23 Cecilia Court (Lot 12, 034-360-08 31202 Subject: 23 Cecilia Court; File No. 31202; Request to Amend the Tiburon Highlands Precise Development Plan (PD #15) to Establish a Secondary Building Envelope for Lot 12; Thibault De Chatellus, Owner; Pedersen Associates, Applicant; Assessor's Parcel No. 034-360-08 Reviewed By: PROJECT DATA Address: Assessor's Parcel Number: File Number: Lot Size: Zoning: Precise Plan: General Plan: Current Use: Owners: Applicant: Date Complete: ENVIRONMENTAL REVIEW Planning Commission Meeting January 9, 2013 Agenda Item: Tiburon Highlands) 12,204 square feet RPD (Residential Planned Development) Tiburon Highlands Precise Plan (PD #15) M (Medium Density Residential) Single-Family Residential Thibault De Chatellus Pedersen Associates December 13, 2012 Staff has preliminarily determined that the subject application is categorically exempt from the requirements of CEQA per Section 15301 of the CEQA Guidelines. PROJECT DESCRIPTION The project is the proposed amendment to a precise development plan (the Tiburon Highlands Precise Development Plan) for property located at 23 Cecilia Court. The applicant proposes to establish a secondary building envelope for the property, for purposes of expanding an outdoor patio area, which will include retaining walls, at-grade stairways, exterior lighting and a spa. No expansion or reduction in the size of the primary building envelope is proposed. The property is currently developed with a single-family dwelling and is bordered by single-family dwellings to the north, east and south. TOWN OF TIBURON PAGE 1 OF 4 3 111'IIII] (C?g {.)norms- ion 'VicciJil'o. The applicants propose to create a 766 square foot secondary building envelope on the eastern side of the property (rear), with a depth of ten feet (10') and a length of eighty-five feet (85'), to allow construction of the proposed landscape improvements. ANALYSIS Project Design The subject site is located at the end of the Cecilia Court cul-de-sac. The property itself is narrow at the front, and widens at the rear, similar to other properties located on Cecilia Court. The building envelope is located on the level portion of the site, closest to the street. The existing dwelling spans a majority of the building envelope, leaving only a small portion at the rear for an outdoor patio area. The remaining undeveloped rear portion of the site slopes steeply downward to the east,, towards Warren's Way. A majority of the existing dwellings located with the Tiburon Highlands development and more specifically around the Cecilia Court cul-de-sac, have adequate sized outdoor spaces, either at the front or rear of the properties. The proposed secondary building envelope is modest, with a depth of only ten feet, and spanning the length of the existing building envelope at the rear of the site. While modest in size, the proposed envelope would allow for an expansion of the existing outdoor patio area in order to incorporate a retaining wall, a spa and other small landscape improvements. The adjacent dwelling to the south, located at 22 Cecilia Court, currently has a large outdoor space at the rear of the property. The proposed secondary building envelope for the subject site would closely align with this neighboring outdoor space. The remaining undeveloped portion of open space at the rear of the property would still provide for an adequate buffer between adjacent properties. There would not appear to be any negative impacts associated with the proposed secondary building envelope on any of the adjacent properties to the north, east or south; however, during the Design Review process for the landscape improvements, staff would recommend that plantings be incorporated on the backside of the proposed retaining wall, in order to soften the appearance of the wall from the residences below the subject site. Compliance with the Tiburon Highlands Precise Development Plan The Tiburon Highlands Precise Development Plan was approved by the Town Council in 1988, and established primary building envelopes for each of the lots in the subdivision. The resolution approving the precise development plan states that "no improvements of any type, including fences, temporary or otherwise, shall be permitted outside the approved building envelopes, except driveways, retaining walls associated with driveways or which support driveways, and decks." The owners of the property at 23 Cecilia Court now proposes to construct an expanded patio area for the purposes of installing a spa and other landscape improvements outside of the approved building envelope for their lot. A secondary building envelope would be created to the rear of the house, and adjacent to the rear of the approved building envelope. The building envelopes established by the Tiburon Highlands Precise Development Plan were designed to allow adequate space for the development of each parcel, while providing a buffer between the envelopes and nearby private open space areas. The subject home was built close to ~IZ.tlU~tiG `3.201 the edge of the building envelope for this property, leaving little room for other outdoor living improvements, but leaving a small usable outdoor patio space at the rear of the dwelling. The proposed secondary building envelope would still leave a substantial buffer between the landscape improvements and the rear property line. It was not the intent of the Tiburon Highlands Precise Development Plan to prevent homeowners from more active use of areas adjacent to their residences that would not impinge on nearby open space areas or impact neighboring homes. The proposed secondary building envelope therefore appears to be consistent with the intent of the Tiburon Highlands Precise Development Plan. General Plan Consistency The proposed project has been reviewed for consistency with the Tiburon General Plan and with the requirements of the Tiburon Zoning Ordinance regarding precise plan amendments. Land Use Policy LU-13 states that "neighborhood character, which is defined by the predominant architectural styles, type of buildings, building heights, mass, setbacks, landscaping, and natural characteristics, shall be of material consideration and preserved in all construction projects, including remodels and additions, to the maximum extent feasible." The proposal to incorporate a secondary building envelope for purposes of modestly expanding an existing outdoor patio area would not appear significantly different from other properties within the Tiburon Highlands development and overall neighborhood character, nor would it result in negative impacts on any of the adjoining properties. PUBLIC COMMENT As of the date of this report, no letters have been received regarding the subject application. The applicant has provided an approval letter from the Tiburon Highlands HOA, in addition to several signatures of approval from neighbors which are attached as Exhibit 2. FUTURE ACTIONS REQUIRED Any affirmative action by the Planning Commission on this project would be in the form of a recommendation to the Town Council. Should the Commission vote to deny the project, that decision would be final, unless appealed to the Town Council. If the amendment to the precise development plan is approved by the Town Council, subsequent Town permits would include Site Plan and Architectural Review and building permits for the proposed spa, retaining walls, exterior lighting and overall landscape improvements. RECOMMENDATION Staff recommends that the Planning Commission: 1. Hold a public hearing on this application: 2. Consider the draft resolution recommending approval to the Town Council of the amendment to the Tiburon Highlands Precise Development Plan for the property at 23 Cecilia Court. =~1111ino: ol:Tl1:111'~<1oll \-leci:lll IIU l E 1- 9 211 l :?s Exhibits: 1. Application and Supplemental Materials 2. Tiburon Highlands HOA approval letter and neighbor signatures 3. Draft Resolution 4. Submitted Plan Prepared By: Laurie Tyler, Associate Planner PLANNING COMMISSION MINUTES MINUTES NO. 1028 January 9, 2013 Regular Meeting Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California CALL TO ORDER AND ROLL CALL: Chair Tollini called the meeting to order at 7:33 p.m. Present: ~ Chair Tollini, Vice Chair Weller, Commissioner Kunzweiler Absent: Commissioners Corcoran and Welner Staff Present: Director of Community Development Anderson, Associate Planner Tyler and Minutes Clerk Rusting ORAL COMMUNICATIONS: None COMMISSION AND STAFF BRIEFING: Director Anderson said the meeting for January 23, 2013 will likely be cancelled since there are currently no items on the agenda. There are three items scheduled for the February 14, 2013 meeting: The annual status report on General Plan implementation, Tiburon Lodge CUP review, and a wireless communication facility at 700 Tiburon Boulevard, as continued from a prior meeting. In addition, he said they expect to add the new Paradise Foods Store at the Cove Shopping Center to that meeting agenda. PUBLIC HEARINGS: 1. 23 CECILIA COURT: REQUEST TO AMEND THE TIBURON HIGHLANDS PRECISE PLAN (PD#15) TO ESTABLISH A SECONDARY BUILDING ENVELOPE FOR LOT 12; FILE #31202; Thibault de Chatellus, Owner; Pedersen Associates, Applicant; Assessor's Parcel No. 034-360-08 [LT] Associate Planner Tyler said 23 Cecilia Court has applied to amend the Tiburon Highlands Precise Plan to establish a secondary building envelope to expand an outdoor patio area. The total size of the envelope would be 766 square feet, and will include retaining walls, stairways, exterior lighting and a spa. There do not appear to be any negative impacts to any of the properties to the north, south, and east, but she said staff recommends that plantings be incorporated on the back side of the proposed retaining wall, in order to soften the appearance of the wall from the residences below the subject site. She said the proposed secondary building envelope would be consistent with the intents of the Tiburon Highlands Precise Plan as well as the Tiburon General Plan and the requirements of the Tiburon Zoning Ordinance regarding TIBURON PLANNING COMMISSION MINUTES - JANUARY 9, 2013 MINUTES NO. 1028 PAGE 1 precise plan amendments. She said no letters have been received regarding the application, but the applicant provided an approval letter from the Tiburon Highlands Homeowners Association as well as several letters of approval from neighbors. Any action by the Planning Commission on this project would be in the form of a recommendation to the Town Council. If the amendment to the precise plan is approved by the Town Council, subsequent Town permits would include Site Plan and Architectural Review and building permits for the proposed spa, retaining walls, exterior lighting and overall landscape improvements. Pete Petersen, landscape architect, said they have put together a design to give the owner more usable area on the property. There was a slide repair done on the property adjacent which allowed more flat area on the parcel. They are trying to make the area in the back more usable and the only way they could do it was to submit the current application. Chair Tollini asked about the topography and location of the private open space between the fence and the back of the adjacent property. Mr. Petersen said each parcel has private open space and the intent of the project is to have all of the development occur within the building envelope. Chair Tollini opened the public hearing. Mark Cooper said his property is located below the subject property, and he is most affected by the project. He said he is not opposed to the plan, but wants to be sure there is enough screening between the properties. He said he is also concerned about drainage and wants to be sure the runoff from the property is accounted for. Chair Tollini closed the public hearing. Thibault de Chatellus, owner, said he has talked to all of the neighbors and they have been very supportive. He said Mr. Cooper is most affected and has been supportive. They cleared the plants between the two houses and now each house can see the other. He said they will plant landscaping between the properties to preserve privacy. Commissioner Kunzweiler said because of the history of the area he is not usually enthusiastic about these types of projects. However, in this particular case he thinks the concept is reasonable and retains the character of what was discussed in 1988. He said the vegetative screening and drainage issues are being addressed in a reasonable fashion. Vice Chair Weller agreed with Commissioner Kunzweiler, said he sees a reasonable rationale for the proposal, and was glad to see the adjacent property owners working together. Chair Tollini said she does not see room in what is set out in the Precise Plan for any development of this type. She asked if something has changed that would change their minds about those restrictions. Commissioner Kunzweiler said over the years there have been a number of applications that were not in the spirit of what was intended for the development. He said this is not an expansion TIBURON PLANNING COMMISSION MINUTES - JANUARY 9, 2013 MINUTES NO. 1028 PAGE 2 of the structure but is truly out of sight from the street and does not affect neighbors below. It is a minor change and he is glad they are going through the process. He said the last several projects they reviewed would have been precedent setting if they were approved and believed that this proposal is reasonable. Commissioner Weller asked staff for the best procedure to be sure the project includes implementation of the landscaping plan and adequate drainage. Director Anderson said those items will be in the minutes and are routinely required in the Design Review Board approval. He therefore does not think it is necessary to add a condition of approval for those items. The Commissioners discussed the wording of Finding D in the draft resolution, and suggested adding language to address the limited scope of the current project, point out the careful consideration of this project, and highlight that the work is consistent with existing uses of adjacent properties. ACTION: It was M/S (Weller/Kunzweiler) to recommend approval to the Town Council of the amendment to the Tiburon Highlands Precise Plan for the property at 23 Cecilia Court as set forth in the draft resolution, with the addition to Finding D of the draft resolution stating that the current project is limited in scope and is consistent with existing uses of adjacent properties. Motion carried: 3-0. 2. 700 TIBURON BOULEVARD: CONDITONAL USE PERMIT FOR THE INSTALLATION AND OPERATION OF A WIRELESS COMMUNICATIONS FACILITY; FILE #11102; Belvedere Tennis Club, Owner, AT&T Mobility, Applicant; Assessor's Parcel No. 055-201-36 [DWI Continued to 02113113 MINUTES: 3. PLANNING COMMISSION MINUTES - Regular Meeting of November 28, 2012 Commissioner Kunzweiler suggested the following corrections: • Page 8, paragraph 3: "Ms. Caceres" should be changed to "Mr. Caceres" in two places Chair Tollini suggested the following corrections: • Page 7, item 3: End of sentence should say "AMENDMENT OF" • Page 8, item 4: A space should be added between "FOR" and "DOWNTOWN" ACTION: It was M/S (Weller/Kunzweiler) to approve the minutes of the November 28, 2012 meeting, as amended. Motion carried: 3-0. ADJOURNMENT: The Planning Commission adjourned the meeting at 7:55 p.m. TIBURON PLANNING COMMISSION MINUTES - JANUARY 9, 2013 MINUTES NO. 1028 PAGE 3 DRAFT RESOLUTION NO. XX-2013 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE TIBURON HIGHLANDS PRECISE PLAN (PD # 15) TO ESTABLISH A SECONDARY BUILDING ENVELOPE ON PROPERTY LOCATED AT 23 CECILIA COURT LOT 12, TIBURON HIGHLANDS SUBDIVISION ASSESSOR PARCEL NUMBER: 034-360-08 WHEREAS, on January 9, 2013, the Planning Commission held a public hearing to consider the approval of an amendment to the Tiburon Highlands Precise Plan to establish a secondary building envelope for the property developed with an existing single-family residence at 23 Cecilia Court; and WHEREAS, after receiving public testimony and considering the application at that hearing, the Planning Commission adopted Resolution No. 2013-01 recommending to the Town Council that the Precise Plan Amendment be approved; and WHEREAS, on February 6, 2013, the Town Council held a public hearing on this application and after hearing all testimony and reviewing all documents on the record, the Town Council concurred with the findings made by the Planning Commission and found that the proposed precise plan amendment to establish a secondary building envelope for the property at 23 Cecilia Court would be consistent with the overall intention of the Tiburon Highlands Precise Plan and the policies contained within the Tiburon General Plan; and WHEREAS, the Town Council finds that the project is exempt from the requirements of the California Environmental Quality Act per Section 15301 of the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the requested amendment to the Tiburon Highlands Precise Plan, subject to the following conditions: The approved secondary building envelope for the property at 23 Cecilia Court shall be amended as reflected on attached Exhibit "A", incorporated herein and made part of this Resolution. 2. The secondary building envelope shall be utilized only for construction of walls, decks and accessory structures. No portion of the existing house shall be expanded into the secondary building envelope. 3. This Precise Plan Amendment approval shall be valid for 36 months following its effective date, and shall expire unless subsequent zoning TIBURON TOWN COUNCIL RESOLUTION NO. XX-2013 _-T - - and/or building permits have been issued pursuant to this approval. A time extension may be granted if such request is filed prior to the expiration date. 4. This approval shall in no way alter other provisions of the Tiburon Highlands Precise Plan not specifically described herein. PASSED AND ADOPTED at a regular meeting of the Town Council on February 69 2013, by the following vote: , AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: EMMETT O'DONNELL, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK TIBURON TOWN COUNCIL RESOLUTION NO. XX-2013 Exhibit "A" CEC/L /A CT. =200 = 40.00' -_28 'Z39'11 (E) 10' BUILDING ENVELOPE - TYP. (E) BUILDING ENVELOPE PROPOSED NEW SECONDARY BUILDING ENVELOPE (E) 15' BUILDING _ ENVELOPE - TYP. z„ I \ PROPERTY LINE - TYP. 1 a a s, IN Q (E) RESIDENCE Q co Q 4 / fob 9, S31 °33'00"1/V 112.68' SITE PLAN 23 PROPOSED NEW SECONDARY BUILDING ENVELOPE 20 0 5 10 20(F, - I FROM SURVEY PREPARED BY J.L. ENGINEERING, DATED OCT 2012 SCALE: 1" = 20'-0" 0