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HomeMy WebLinkAboutTC Min 1997-05-07 . -... TOWN COUNCIL MINUTES CALL TO ORDER Mayor Hennessy called the regular meeting of the Town Council of the Town of Tiburon to order at 7:30 p.m. on Wednesday, May 7, 1997, in Council Chambers at 1505 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNClLMEMBERS: EX OFFICIO: Ginalski, Hennessy, Thayer, Thompson, Wolf Town Manager Kleinert, Planning Director Anderson, Associate Planner Borba, Town Engineer Barmand, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) None. C. PUBLIC OUESTIONS AND COMMENTS Ben Taylor, President of Vista Vistazo Homeowners' Association, asked to speak to Item No.7. Eric Schmidt asked to speak to Item No.9. - D. INTRODUCTION OF NEW TOWN EMPLOYEE Planning Director Anderson introduced Dan Clanton, new Building Inspector. E. COUNCIL. COMMISSION & COMMITTEE REPORTS None. F. CONSENT CALENDAR 2) Town Council Minutes No. 1108, March 5, 1997 - (Adopt) 3) Town Monthly Investment Summary - March 31,1997 - (Receive) 4) Amicus Curiae Requests - Ferguson et al. V. City of Phoenix, et al; Penn Pacific Properties, Inc. v. City of Oceanside - (Approve) 5) Monthly Police Statistics - March. 1997 - (Receive) 6) Budget Amendments - FY96-97 - (Approve) 7) Denial of Appeal Re: Approval of Site Plan and Architectural Review for Construction of Single Family Resident at 1450 Vistazo West - (Adopt Resolution) 8) New Policy re: Scheduling of Appeals to Town Council - (Adopt Resolution). Council removed Item No.7 from Consent Calendar and added No. 12, Richardson Bay Regional Agency - (Proposed 1997-98 Dues Adjustment). - Town Council Minutes # 11/2 May 7, 1997 1 ,...... MOTION: Moved: Vote: To adopt Consent Calendar, as amended. Thayer, Seconded by Thompson AYES: Unanimous Ben Taylor, Vista Vistazo Homeowners' Association President, said he was concerned about the Town's liability in approving the site plan for 1450 Vistazo West in that no setbacks or boundaries had been defined, there was no geotechnical report, and no one had approached Sanitary District No.5 about the sewer manhole which was in the middle of the proposed house location on the property. In response to a question from Mayor Hennessy, Planning Director Anderson said the Town's conditions of approval require the property owner to deal directly with the Sanitary District on the sewer line issue. Councilmember Ginalski pointed out that he had voted to deny the Design Review Board decision because of the concerns expressed above. MOTION: To adopt Resolution Upholding Design Review Board Decision re: Approval of Site Plan and Architectural Review for Construction of Single Family Residence at 1450 Vistazo West. -. Moved: Vote: Thompson, Seconded by Thayer AYES: Hennessy, Thayer, Thompson, Wolf NOES: Ginalski G. UNFINISHED BUSINESS 9) Trees South of the Knoll - Discussion of Letter from Eleanor Becker to Tiburon Town Council, dated April 2, 1997 - (Plus Excerpts ofPOSC Minutes dated 11/12/96,2/11/97, and Town Council Minutes dated 2/19/97). Town Manager Kleinert said there was no Staff Report, but that Eleanor Becker had contacted him about the possibility of appealing the Council's approval of the Parks & Open Space Commission's recommendation concerning the maintenance of the eucalyptus trees located south of the knoll. He advised Ms. Becker that there was no formal appeal process of a Town Council decision and suggested instead that she write a letter to the Council. Councilmember Wolf said the issue of views was not addresses by the Parks & Open Space Commission and that the neighbors deserved the same consideration of view preservation as anyone else. Councilmember Ginalski concurred. Mayor Hennessy and Vice Mayor Thayer said they concurred with the Parks & Open Space Commission's recommendations. Councilmember Thompson said the Town should prune some of the saplings. Town Manager -. Town Council Minutes # 1112 May 7. 1997 2 . -. Kleinert said Town Staff's sense was that Council wanted no windowing or pruning of the larger trees. Councilmember Wolf pointed out that as the decision currently stood there could be no removal of younger saplings either. Councilmember Ginalski suggested the homeowners meet with Mr. Brooks and have him draw up a proposal. Mayor Hennessy told the homeowners in the audience to meet with their respective associations and reach consensus on the issue, then to hire an arborist to draw up a plan for windowing and shaping which could be presented to Council for their review but would be paid for by the homeowners. Councilmember Wolf pointed out that the Town would still fund its usual portion for maintenance of trees in that area. Hank Broderick said Mayor Hennessy's suggestion was "asking too much" since there was no consensus among the homeowners. He said a better plan would be to form a committee. Mayor Hennessy encouraged him to do so. 10) Downtown Main Street ADA Improvements A) Discussion of Cost-Sharing Arrangements B) Letter from Chamber of Commerce President Steve Sears to Mayor Hennessy, dated 4/23/97. r-- Councilmember Thompson said he had supported Option No.3 partly because he thought it could later be converted to Option NO.1. Thompson also said he thought Option No.2 would get rid of the need for ramps and rails but had found out later that neither of the above assumptions were true, therefore he asked for reconsideration of the matter. Thompson also pointed out that he had spent time on Main Street with the Town Engineer and had seen first-hand the problems with Option No.3 concerning delivery vehicles and the difficultly safety vehicles had in getting through. He also saw that five foot sidewalks forced pedestrians into the street when someone in a wheelchair was passing. Thompson suggested formation of a subcommittee of Belvedere and Tiburon Councilmembers to study the issue further. Mayor Hennessy said she favored both Councils' full participation in the process. MOTION: Moved: Vote: To agendize Reconsideration of the Options for Main Street ADA Improvements. Thompson, Seconded by Wolf AYES: Hennessy, Thayer, Thompson, Wolf NOES: Ginalski Councilmember Ginalski said he vehemently disagreed and complained that anytime someone did - Town Council Minutes # I I 12 May 7. 1997 3 ""'" not like a Council decision it was brought back. Tom Belton and Mark Kasanin, Corinthian Island residents, asked that Council view a video they had made of traffic problems associated with making Main Street one-way. Jim Helfrich, Belvedere City Councilman, asked that Mayor Ann Otter's letter dated May 7 be added to the record (attached as Exhibit A). Mayor Hennessy suggested deferring any further discussion of the issue until after the joint meeting with both Councils. H. NEW BUSINESS 13) New Town Hall - Change of Building Department Hours. Council approved Staff's recommendation for a change from 9:00 a.m. - 5:00 p.m. to 8:00 a.m. - 4:00 p.m. I. PUBLIC HEARING 14) Appeal of Design Review Board Decision - New Single Family Residence at 47 Via Los Altos (AP# 34-330-01) - Mr. Shen, Applicant; Mr. & Mrs. Aleu, 74 Via Los Altos, Appellants. A) Discussion of Timeliness of Filing of Appeal. B) Hearing on Merits of Appeal. I" Planning Director Anderson introduced the item and said that the Town Attorney had recommended hearing the appeal despite the timeliness issue raised by the Applicants. He also said this appeal had reached a new "low" in his experience in terms of contrivances to gain continuances and was responsible for the recent policy adopted by Council concerning scheduling of appeals Gary Sheppard, attorney for Mr. & Mrs. Aleu, said he had no idea until yesterday that there was a dispute about the timeliness of the appeal. He said he and his clients believed they were in compliance with the Town's policies, and that they had relied upon Staff's advice which had been erroneous but nevertheless was in good faith and not negligent. Attorney Scott Thomas, representing the Applicant, said the appeal was not timely and should not be heard. He said Town Ordinance 95-01 was very explicit and that his client had raised the issue of the late filing of the appeal as early as January 30. Thomas said the Aleus did not comply with the 10-day provision for filing their appeal and he questioned whether Staff had the authority to grant a retroactive extension. He said the Aleus did not have the right to rely on the Planning Director's advice in this instance, and cited the Levin case. Thomas said the Aleus voluntarily assumed a risk in filing a late appeal, and stated that a government entity is not bound by its Staff's erroneous interpretation of ordinances, nor was the Council bound by such a decision and therefore should not allow the extension or hear the appeal. Vice Mayor Thayer said that Mr. Thomas made some interesting points but he had read Town -. Town Council Minutes # 1/12 May 7. 1997 4 _ Attorney Danforth's report and had concluded that it was appropriate to hear the matter. MOTION: Moved: Vote: To hear the Aleu Appeal Thompson, Seconded by Thayer AYES: Unanimous 14B) Public Hearing on Merits of Appeal- Associate Planner Borba gave the Staff Report. Borba said that 47 Via Los Altos was in the La Cresta Subdivision and that Mr. Shen of Janey, Inc. was the owner and was being represented by the Applicant, Habitat. She said the Appellants, the Aleus, were being represented by architect Michael Rex. Borba said the Design Review Board had heard the matter on four separate occasions, and that the items being objected to by the Aleus were the mass, bulk, height and view blockage of the proposed residence. In addition, Borba said, the Aleus were stating the project was not in conformance with the Town's zoning ordinance and hillside guidelines. Associate Planner Borba said the Design Review Board had determined that the changes made during the design review process, which included lowering the height of the residence, moving it downhill and requiring additional landscaping, were compromises they deemed appropriate to address the issues. Therefore, Borba said Staff recommended denial of the appeal. ,- Planner Borba said a new question had arisen concerning the Appellant's contention that the total FAR of the residence was 6,960.43 square feet, as opposed to Contract Planner Allsep's Staff Report which stated the FAR was 5,925 square feet. Mayor Hennessy opened the public hearing. Jim Mallot, Architect, speaking on behalf of the Aleus, said the Shen house was "one of the most selfish designs every presented in Tiburon," in that it "has demanded and taken views it did not have to." Mallot said he had helped write the Hillside Guidelines for the developer of Tiburon Crest, and those guidelines indicated common roof shapes and cohesive design elements. He said the Shen residence failed on all the Hillside Guidelines, except NO.4. Mallot went on to say that everyone in Tiburon complained about large houses and stated that the Design Review Board was not doing its job. Mallot said Shen's plans were "deceitful" in that they lied about the square footage. Michael Rex, another architect representing the Aleus, explained in further detail to Council the design elements, such as a massive foyer window and chimney, which contributed to the mass and -. Town CouncilMinules #1112 May 7, 1997 5 ""'" view blockage of the Shen residence. He presented a photographic overlay and stated the Aleus would lose approximately 71% of their water view when Shen built his home, and 50% from the living and dining room. Rex said the original design blocked the view of the City [San Francisco] as well. Rex pointed out that the open [interior] courtyard of the Shen home "fooled" the square footage while maintaining the bulk and mass of the residence. Mr. Rex said the solution was to lower the roof an additional five feet, move the house eight feet down the slope and reconform it to fit the lot, possibly by digging into the hillside more. He also suggested changing the foyer ceilings from ] 0 feet to nine feet. In addition, Mr. Rex said the Aleus requested: 1) lowering the height of the residence by five feet, 2) removing the master bedroom chimney, and 3) reducing the foyer window size by 50%. Gary Sheppard, Attorney for the Aleus, said that Mr. Alex Mortazzavi [Habitat] was not really an architect at all, and that the Town had believed his representation of the FAR of the Shen residence. Me Mortazzavi replied that the FAR was a newly raised issue and that Town Staff had checked it and it could have been adjusted if there was any problem found. r- Mr. Mortazzavi said that Me Shen wanted to retire in his [proposed] home, and had spent extensive time in the landscape and design. He said the Homeowner's Association design review committee also loved it, and that the decision reached by the Town's Design Review Board was a fair compromise. Mortazzavi said that Mr. Rex had at one time agreed to an eight foot reduction in height, but was now asking for 11 feet. He said all the recommendations amounted to neighbors redesigning another neighbor's home, but that one additional compromise could be made, that is, changing the chimney to a non-wood-burning one which would reduce the size. Mortazzavi said his client had hired engineers to verifY the height of the story poles and that the house could not be pushed down slope anymore. He said the project required an eight foot retaining wall, and that Mr. Shen felt like he had done plenty of compromising already. Vice Mayor Thayer asked Mr. Mortazzavi how many meetings he had attended with the Homeowners' Association design group. Mr. Mortazzavi said they had met five times with a panel of three people, including Me and Mrs. Fanning, and Mr. and Mrs. London. However, he noted the Aleus were not present. The Aleus commented that they were not notified of the meetings. Vice Mayor Thayer asked Mr. Mortazzavi who the architect for the project was. Me Mortazzavi replied, "Habitat," and that the architect was Dale Bailey. Mr. Thayer asked Mr. Mortazzavi what his role was, and he replied, "I'm a designer." -- Town Council Mi/lutes #1 J 12 May 7,1997 6 _ Councilmember Ginalski pointed out that a March 3 letter from Habitat showed "Architect" under Mr. Mortazzavi's name. Attorney Scott Thomas said the A1eus knew a house could be built at the proposed level and stated that the Design Review Board's decision should be upheld. Mike Handlin, Landscape Architect, said the landscaping would screen the Shen's as well as the A1eus' privacy. Mayor Hennessy asked if any guidelines had been established limiting the height of the trees to roof height. Mr. Handlin said none of the proposed trees would exceed roof height according to an expert they had hired. Mayor Hennessy called for the rebuttal arguments. Jim Mallot said he had checked on the trees and said that Live Oaks grow 60 feet or higher. He said the Shen house was very formally located on the lot, while every other house in Tiburon Crest respected the view of its neighbors by stepping down the hill. Mallot said the location of the house would block all of the A1eus' view of the shoreline. Gary Sheppard reiterated his points that the A1eus were never notified of Homeowners' Association design meetings concerning the project and that Mr. Mortazzavi was not an architect ,,-.. Sheppard said if the FAR could not be confirmed by Town Staff, then Council could not grant approval to the project. He concluded by stating, "we seek not to redesign the house, just to move it to not block the views." Miles Berger, former Design Review Board member, said the tree issue had been brought up and resolved by the DRB. Concerning views, Berger said it was a matter of "could versus should" and that the DRB had drawn the line at lowering the roofline by six feet. He said that lowering it further would have created the effect of dropping the house below street level. Overall, Berger said, no one on the Board was thrilled at the design of the house, but had agreed that the landscape plan was good. Councilmember Thompson asked Berger if the house could be moved downhill two feet and lowered two feet. Berger replied that it could, but that it would require hundreds of thousands of dollars to build retaining walls on the side of the house. A member of the audience, Jennifer Yu, questioned what constituted a view She said she thought the view of a beautiful home was just as valid as water views or any other view In response to a question from Mayor Hennessy, Ms. Yu said she did not live in Tiburon. Vice Mayor Thayer asked why she was interested in the project, and she replied she was just interested as a member of the public. .-- Town Council Minutes # 1112 May 7, 1997 7 " Mayor Hennessy closed the public hearing. Councilmember Ginalski asked Planning Director Anderson whether he agreed with the statement that the Design Review Board made its findings because they believed they were relying on a licensed architect. Planning Director Anderson said the DRB clearly felt they were dealing with a project within the FAR limits, and said one of the conditions of the 12/20/96 approval held the applicant accountable for the numbers by requiring "a detailed breakdown ofF AR areas." Councilmember Thompson asked why the building envelope was located so high on the lot. Anderson said he had no history of the project dating back to 1982, but that the envelope was usually drawn to be near the access point [road]. Anderson also said that in the La Cresta Subdivision certain adjustment could be made, such as for decks, to go outside the building envelope. Thompson asked how it would be possible to enforce a condition of approval banning the chandelier in the foyer. Anderson said if it was a specific condition, it would have to be enforced. Vice Mayor Thayer asked Anderson ifhe thought [additional] cost was an element to be considered in a proceeding. Anderson replied that it was not a driving factor. r-- Vice Mayor Thayer said that all the interested parties had done a good job in presenting their case. He said the water was a critical component ofthe A1eus' view, and that the straight line of the Shen roof created a "wall effect." He said a stepping effect would be better and more like the other homes in the neighborhood, and suggested lowering the roofline three or four feet. Vice Mayor Thayer asked for confirmation of the FAR. He also expressed concern about the "huge" entryway and lighting, because lighting could wipe out views, as well. Councilmember Wolf said she would not second-guess the DRB by moving the house. However, she said she was troubled by the FAR issue, and said she would vote to deny the appeal but modify Condition NO.2 of the DRB approval to ensure conformance with the FAR. Councilmember Thompson said he concurred with the recommendation concerning the FAR, and said he would vote to deny the appeal but require the roofline of the master bedroom to be reduced by two feet. He also said the "gracious offer" of the applicant concerning lowering the chimney should be accepted, and that conditions should be placed on lighting. Councilmember Ginalski said there was an abuse of discretion in the issue the FAR for the Shen project, and that the Council needed to have verified calculations to support any decision Ginalski said the Shen house was not sited in conformance with the hillside guidelines, and should be changed. He said he would vote to grant the appeal with all due respect to the DRB, and that - Town Council Minutes # 1112 May 7, 1997 8 __ he was troubled by the suggestion that the applicant was not an architect. Ginalski said given the size of and scope of the project, it should be remanded to the DRB without prejudice. Mayor Hennessy asked Miles Berger if it was possible to lower the master bedroom by two feet. Berger replied that the whole house could be lowered but that it would be better for Council to set the ridge height and let the applicant decide how to do it. Mayor Hennessy asked if it was possible to remand the appeal to DRB with conditions. Planning Director Anderson said the normal procedure was to remand it with direction or partially uphold the appeal. Hennessy said she was also concerned about the FAR calculations, and asked that any trees be removed from the landscape plan that might grow up above the roofline. She said she was "offended" by the photos presented by the appellants' representatives (showing the view blockage) because she had been to the house and the photos were manipulative. Vice Mayor Thayer proposed a motion to uphold the appeal on a limited basis, in other words, to approve the project subject to the following: 1) lowering the roofline at least two feet; 2) confirmation that the FAR was in compliance with the Staff report; 3) limit the landscape plan so that the trees would not exceed the height of the building; 4) lowering the chimney as proposed by the applicant, and 5) to remand the project to DRB to confirm FAR and roof height. r-- Councilmember Wolf said she would amend the motion to lower the roof two feet, not "at least" two feet. MOTION: To partially uphold the Appeal of the Design Review Board Decision concerning a new Single Family Residence at 47 Via Los Altos, subject to the aforementioned conditions. Thayer, Seconded by Wolf AYES: Unanimous Moved: Vote: Planning Director Anderson said Staff would bring in a third party. if necessary, to check the FAR. G. UNFINISHED BUSINESS 11) New Town Hall- Cost Update & Relocation Status. Town Manager Kleinert asked for Council guidance on some issues, namely a) the purchase of "clip-on" style microphones as part of the new PA system - approved; b) raising the Council ("Founders") table on a dais - deferred; c) public use of meetings rooms, i.e. what uses and whether to charge a fee, etc. - Town Staff to draft policy. Concerning the Town Hall Cost Update, Councilmember Ginalski asked that the architect's fees, construction contingency and common area costs be added to the grand total, and submitted a handwritten note to the Town Clerk (attached as Exhibit B) showing these figures. - Town Council Minutes #1112 May 7.1997 9 _ I. PUBLIC HEARING 15) Ordinance Amending Article I, Section 2.1 of the Tiburon Town Code re: Regular Meeting Location - 1505 Tiburon Boulevard - (Second Reading and Adoption). MOTION: Moved: Vote: To read above ordinance by title only. Thayer, Seconded by Thompson AYES: Unanimous Mayor Hennessy read, "An Ordinance of the Town Council of the Town ofTiburon Amending Section 2.1 of Article I of the Tiburon Town Code." MOTION: Moved: Vote: To adopt Ordinance Amending Section 2.1 of Article I of the Tiburon Town Code. Thayer, Seconded by Thompson AYES: Ginalski, Hennessy, Thayer, Thompson, Wolf NOES: None J. COMMUNICA nONS None. ~ K. STAFF & TOWN MANAGER REPORTS Planning Director Anderson said two proposals, one from Berman & Feldman and one from Ecumenical Association for Housing, had been received for the Senior Housing project at Ned's Way. Anderson also said that Mayor Hennessy and Councilmember Wolf would assist the Senior Housing Advisory Committee in their review of the proposals, and that the committee would meet on May 19. Town Manager Kleinert said that the subcommittee comprised of Vice Mayor Thayer and Councilmember Wolf had met with the Hillhaven Homeowners' Association representatives to discuss their issues. L. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Hennessy adjourned the meeting at 10:50 p.m., sine die. ~'n;'~.~ THERESE M. HENNESSY, - OR /"' Town Council Minutes #1112 May 7, 1997 10 t :. y o?'Cc 1{O ~ -. CITY of BELVEDERE 450 San Rafael Avenue. Belvedere, CA 94920 Tel: 415/435-3838 · Fax: 415/435-0430 May 6, 1997 Mayor Terry Hennessy Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 :0) ~ \r:~ i~ II/ r\V7Ic;~,r;,\ Jr" - '-=.. '.J ..s; . .1 :~ L! "v U/ MAl 7 I>:': .; , 1:<'. ?" Dear Terry: TOWN MANAGEt,'S OFFICE TOWN OF TIBURON The City of Belvedere was gratified when the Town Council voted last month to retain the two-way traffic configuration on Main Street. We recognize that the town has a difficult decision to make concerning the handicapped accessibility of the businesses on Main Street and that the council has divergent views on how to comply with the court order. However, we as a Council, are concerned that any change to the current traffic patterns on Main Street will have an impact on the Corinthian Island residents and their quality of life. We ask that if the Town Council ever reconsiders the two-way traffic pattern currently in use that we be given an opportunity to meet with you in ajoint council session to mutually discuss the issue and the potential adverse environmental impacts that any changes might have on Belvedere and its residents before those changes are made. In this forum we can also address other important issues including public safety, emergency medical and fire apparatus access and traffic congestion. I wi!! be out 0ftov.,TI until May 19, but ifyoJu wish to meet before then, please contact Vice Mayor Justin Faggioli or Ed San Diego and they will make the necessary arrangements. Thank you, Terry, for your kind consideration of this request. Belvedere and Tiburon have had an excellent history of working things out in the past and I would expect the same will be the case in this situation. Sincerely, ~r1~ Ann Otter Mayor - EXHIBIT NO.