HomeMy WebLinkAboutTC Digest 2013-07-12TOWN COUNCIL WEEKLY DIGEST
Week of July S —12, 2013
'T', U1. Is 1"9"%r
1. Application — Richard Wodehouse — Planning Commission
2. Courtesy Notice — Street Resurfacing — Del Mar Neighborhood
3. Memo — Marin Co. Planning Div. — Availability of Final EIR for 2008 Easton Point
Residential Development Project SCH32009012010 (Informational CD at Front
Counter)
Agendas & Minutes
Agendas
4. Minutes — Planning Commission — June 26, 2013
5. Action Minutes — Planning Commission — July 10, 2013
6. Agenda — Planning Commission — July 10, 2013
7. Agenda — Belvedere /Tiburon it. Disaster Advisory Council — July 16, 2013
8. Agenda — Design Review Board — July 18, 2013
9. Meeting Cancellation — POST — July 16, 2013
Regional
a) Letter — Building Industry Association — Safeguarding Local Control over
Environmental Review of Real Estate Development Projects
b) Estuary Magazine — June 2013
Agendas & Minutes
c) None
* Council Only
July 2, 2013
Emmett O'Donnell
Tiburon Town Mayor
Dear Emmett:
Richard E Wodehouse
Professional Project Manager
Owner's Representative
Certified in Mediation
CA. G.C. Lic. #305719
DIGEST
P.O. Box 211
Tiburon, CA 94920
cell: 415 944 0278
rewodehouse@gmail.com
I am reaffirming my interest and dedication to be appointed to the Tiburon Planning
Commission with this letter. It has been some time since I was in front of the council,
which was actually for a DRB position, so I wish to update my notice of interest and note
some topics that we did not address at that interview.
I wish to make you aware of my long term dedication and education into sustainable
issues regarding the built environment and land use issues. For decades I have
endeavored to stay knowledgeable and current on the possibilities that are available to
make our towns and buildings more responsive to the needs of future generations.
At my previous interview with the council Jim Fraser asked if I had any observations
from witnessing other Planning Commission meetings in this region. I have paid
attention, and indeed I do have a few observations that may be of interest to you that I
could pass on in the future.
I observed the latest Planning Commission meeting which was a contentious
presentation between two neighbors on Solano Street: at 110 (Anderson) and 120
(Haraburda). Since your current members of the board are all attorneys, the thought
came to me that my training as a mediator would have elicited a different set of
questions to the presenters to try to have them re -frame their objections so as to come
to their own conclusions as to the core of their problem (the swimming pool), and
possible solutions.
My experiences as a president of a home owners association and two Design Review
Boards in Colorado should give me a broad and informed perspective to make
appropriate land use decisions as a planning commissioner.
I have read the Planning Commission past agendas for 2013 and all of 2012. 1 did see
topics I would be able to contribute on, and I do not see any topics in which my work as
an Owner's Representative in the region would have been of conflict.
Looking forward to you appointing me so I can further contribute to this community:
Respectfull ,
Richard Wodehouse
CC: Town Council Members Build itGREEK LEEO
sustainable
building GRE�AN
Peggy Curran advisor Cerdned Green Building Professional
Town of Tiburon - 1505 Tiburon Boulevard - Tiburon, CA 94920 - P. 415.435.7373 E 415.435.2438 - www.ci.tiburon.ca.us
TOWN OF TIBURON - PUBLIC NOTICE
July 8, 2013
COURTESY NOTICE TO SURROUNDING
PROPERTY OWNERS
Please be advised that the Town of Tiburon will be completing the street
resurfacing project in the Del Mar neighborhood within the next month.
The Town's paving contractor, Synergy Project Management, started the
pavement resurfacing work in late 2012. Some areas of pavement were not
installed to the Town's standards and will be re- worked to remedy this condition.
The Town has performed various quality control checks in concert with the
contractor to determine the most appropriate repairs. Once localized repairs are
complete, the contractor will re -seal the entire project area with an asphalt sealant
to provide a neat and homogeneous look to the finished project. The final surface
will then be repainted with appropriate traffic striping.
Initial work will commence the week of July 8th with anticipated completion in the
middle of August. Synergy Project Management will be sending out additional
notices shortly to keep everyone apprised of specific project elements.
During work hours, all emergency service access will be maintained, and special -
needs access to and from your residence or work will be coordinated.
Temporary lane closures, construction noise, and dust /debris should be
anticipated. However, we will work with the contractor to mitigate these impacts
as much as reasonably possible. Your patience and cooperation are most
appreciated.
The Town is confident that these steps will ensure a final product that meets our
standards. If you have any questions, feel free to contact the Public Works
Department at 435-7388, or the main Town line at 435-7373.
Thank you,
Nicholas T. Nguyen, P.E.
Public Works Director / Town Engineer
Town of Tiburon
RECENT D'i C3 E 3 T 30
JUL i - 2013
0 COMMUNITY DEVELOPMENT AGENCY
"''• �� TOWN M NA , =
PLAN I G DIVISION
........ ........
COUNTY OF MARIN
MEMORANDUM
TO: State Clearinghouse
ABAG Clearinghouse
Project Sponsor
Marin Municipal Water District*
Town of Tiburon*
Tiburon Sanitary District No. 5
Department DPW -Land Use & Water Resources
Marin DPW- Traffic Division.
Marin County Open Space District
Tiburon Fire Protection District*
Marin LAFCO*
Interested Parties
US Army Corps of Engineers
U.S. Fish & Wildlife Service
CA Air Resources Board
CA Dept. of Toxic Substances
CA State Water Resources Cont. Bd.*
State Department of Parks & Recreation
State Regional Water Quality Control Board
State Department of Fish and Game
Caltrans District 4*
State Office of Historic Preservation
BAAQMD
RE: Notice of Availability of a Final Environmental Impact Report for the 2008 Easton Point
Residential Development Project SCH #2009012010
DATE: June 28, 2013
Attached is a copy of the Final Environmental Impact Report (FEIR) for 2008 Easton Point Residential
Development Project. A detailed project description and location are provided in the attached FEIR,
and a summary project description and location are provided in the attached public notice.
The FEIR is being circulated for a 30 -day public review period. Written comments on the FEIR must be
submitted to the Community Development Agency, to the attention of Curtis Havel, Senior Planner at 3501
Civic Center Drive, Suite 308, San Rafael, CA 94903, NO LATER THAN 4 p.m., Monday, July 29, 2013.
Comments can also be sent via email to envplanning(c�marincounty.org or faxed to the Community
Development Agency at (415) 473 -7880.
A public hearing by the Marin County Board of Supervisors to consider certification of the FEIR is
scheduled for the regular meeting of the Board on Tuesday October 22, 2013 in the Board of
Supervisors Chambers (Room #330 — Administration Building) Civic Center, San Rafael, California.
Additional copies of the FEIR may be obtained from the Community Development Agency. A copy is
also available for review at the Marin County Civic Center Library and the Tiburon - Belvedere Library.
PROJECT TITLE: Final Environmental Impact Report for the 2008 Easton Point Residential
Development Project
DATE:
June 28, 2013
PREPARED BY:
Curtis Havel
TITLE:
Senior Planner
TELEPHONE:
..................................................................................................
(415) 473 -6269
............................. .. ... .... .. . . ..
3501 Civic Center Drive - Suite 308 • San Rafael, CA 94903 -4157. 415 473 6269 T • 415 473 7880 F - 415 473 2255 TTY - www.marincounty.org /plan
Q COMMUNITY DEVELOPMENT AGENCY
° PLAN I DIVISION
COUNTY OF MARIN
NOTICE OF AVAILABILITY
FINAL ENVIRONMENTAL IMPACT REPORT FOR THE
2008 EASTON POINT RESIDENTIAL DEVELOPMENT
DATE: June 28, 2013
SCH# 2009012010
NOTICE IS HEREBY GIVEN that a Final Environmental Impact Report (FEIR) has been completed for the
project identified below, and is on file with the office of the Marin County Community Development Agency,
3501 Civic Center Drive, Room 308, San Rafael, California, and available for public review between the hours
of 8:00 a.m. to 4:00 p.m., Monday through Thursday. Additionally, the FEIR is available for review at the Marin
County Civic Center Library and the Tiburon - Belvedere Public Library. The FEIR can also be accessed online
at http://www.co.marin.ca.us/depts/CD/main/comdev/eir.cfm. All relevant documents incorporated into the EIR
by reference are also available for public review at the Community Development Agency office.
Project Location
The 110 acre Easton Point property is wholly within unincorporated County of Marin and is located near the
southeastern tip of the Tiburon peninsula, generally bounded by Paradise Drive to the east, residential
neighborhoods within the Town of Tiburon to the south (Hill Haven Estates and Mar East), and public open
space lands (Old St. Hilary's Open Space Preserve and the Tiburon Uplands Nature Preserve) to the west.
The subject property is further identified as Assessor's Parcel 059 - 251 -05.
Background
Two previous Draft EIRs were prepared for development proposals on the project site. In 1996 the Town of
Tiburon contracted for the preparation of a Draft EIR for a 125 -acre Easton Point Project. The project site
consisted of two parcels bisected by Paradise Drive. The two parcels were the 110 -acre Upland Parcel and
the 15 -acre Shore -side Parcel located along the shoreline of San Francisco Bay on the east side of the Bluff
Point peninsula, east of Paradise Drive. The 1996 Draft EIR studied a proposal to create 49 lots for
development of single - family homes — 44 lots on the Upland Parcel and five lots on the Shoreside Parcel. The
Town of Tiburon did not certify The 1996 Draft EIR.
In 2001 the Town of Tiburon contracted for the preparation of a Draft EIR for a revised Easton Point project.
The revised project proposed the development of 34 single - family residential lots on the 110 -acre Upland
Parcel. The 15 -acre Shoreline Parcel was not included in the revised Easton Point project. The Town of
Tiburon did not certify the 2001 Draft EIR.
On March 10, 2011 the County of Marin posted a Notice of Completion of the Draft Environmental Impact
Report for the 2008 Easton Point Residential Development initiating a 50 -day public review and comment
period that ended at 4:00pm on April 22, 2011.
Project Description
The Martha Company has submitted an application to the County of Marin Community Development Agency
for approval of the proposed 2008 Easton Point Residential Development Project. The application has been
filed with Marin County in reliance on a U.S. District Court decision resulting from a 1975 lawsuit that
determined development of the project site with a minimum of 43- single family residential units on minimum
one -half acre lots would be consistent with the goals of the Marin Countywide Plan. The applicant proposes to
subdivide the 110 -acre project site into a total of 43 single - family residential lots, 2 public open space parcels,
and 1 Marin Municipal Water District (MMWD) water tank parcel. The proposed residential lots range from
0.55 acres to 2.25 acres in size. Specific home designs have not been submitted as part of the application
and, therefore, would be subject to future Design Review approval. However, the applicant has proposed
Architectural and Landscape Design Guidelines (including maximum homes sizes of 5,500 to 8,750 square
feet, and new building height standards) that would apply to development on the property.
Access to the proposed new residential lots would be provided by two new roadways /driveways off Paradise
Drive (serving 13 lots) as well as extensions of existing roadways including Mountain View Drive (serving 3
lots) and Ridge Road (serving 27 lots). Proposed open space and public access improvements include the
creation of 59.7 acres of dedicated public open space, a 0.32 -acre open space lot ( Marin dwarf flax
preservation area), and access easements to provide pedestrian access through the project site to proposed
and existing public open space areas.
A majority of the project site is zoned RMP -0.2 (Residential, Multiple Family Planned District, 1 unit per 5
acres) zoning, which would permit a maximum of up to 22 units on the 110 -acre site. However, the application
............................................................................................................................................................. ............................... . .
3501 Civic Center Drive • Suite 308 • Son Rafael, CA 94903.4157 •415 473 6269 T • 415 473 7880 F • 415 473 2255 TTY • www.morincounty.org /plan
has been filed with the County in reliance on a U.S. District Court decision resulting from a 1975 lawsuit that
determined a development of the subject property with a minimum of 43 single - family residential units on
minimum one -half acre lots would be consistent with the goals of the Countywide Plan.
The subject parcel is within the Town of Tiburon's Urban Service Area and Sphere of Influence. However, the
applicant is not seeking annexation to the Town of Tiburon. As part of the project, the applicant will, however,
apply for annexation into the service area of Sanitary District #5.
LOUVER DENSITY ALTERNATIVE
On November 12, 2009 the Town of Tiburon and the Easton Point project applicant (the Martha Company)
signed a Memorandum of Understanding (MOU) regarding a 32 -Unit Lower Density Alternative (LDA) for the
Easton Point project site. As a part of the MOU a draft Development Agreement was prepared. Also, as a part
of the MOU it has been requested that Marin County evaluate the LDA as a project alternative in the Draft EIR.
It is also requested that if the LDA is found environmentally equal or superior to the 43 -unit project submitted to
Marin County that the County approve the rezoning, master plan, tentative subdivision map, and precise
development plan for the LDA, and enter into a Development Agreement with the Martha Company
substantially in the form provided by the Town.
Since the property owner has agreed in writing to accept a lower density, 32 -unit project, if the terms of the
MOU and draft Development Agreement are satisfied, the LDA has been included as a feasible alternative for
analysis in this EIR. The Draft EIR analyzes the environmental impacts of the LDA at the same level of detail
as the proposed 43 -Unit development project and feasible mitigation measures are recommended.
NOTICE IS HEREBY FURTHER GIVEN that this Notice of Availability of the Final Environmental Impact
Report (FEIR) commences a 30 -day public review period beginning on Friday June 28, 2013. Interested
persons are invited to review and comment on the FEIR. Written comments on the FEIR must be submitted to
the Community Development Agency, to the attention of Curtis Havel, Senior Planner at 3501 Civic Center
Drive, Suite 308, San Rafael, CA 94903, NO LATER THAN 4 p.m., Monday, July 29, 2013. Comments can
also be sent via email to envplanninga,marincounty.org or faxed to the Community Development Agency at
(415) 473 -7880.
The FEIR evaluates the project with respect to the following topical issues:
1) Land Use & Planning
6) Traffic /Parking /Circulation
11) Public Services
2) Geophysical
7) Biological Resources
12) Utilities & Service Systems
3 Water Quality
8 Energy & Natural Resources
13 Aesthetics/Visual Resources
4) Air Quality
9) Hazards & Hazardous Materials
14) Cultural Resources
5) Hydrology and Flooding
10) Noise
15) Green House Gases and Climate
Change
The EIR finds that the project would result in significant or potentially significant environmental impacts related
to topical issues #1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14 and 15, and recommends the implementation of
feasible mitigation measures to either avoid or reduce to a level of insignificance the identified environmental
impacts. The EIR finds that the project would result in significant unavoidable impacts related to topical issues
#5, 6, 10 and 13, and significant unavoidable cumulative impacts related to topics 4, 6, 7, 10, 13 & 15.
NOTICE IS HEREBY FURTHER GIVEN that a public hearing will be conducted by the Marin County Board of
Supervisors to consider certification of the FEIR. The public hearing is scheduled for the regular meeting of
October 22, 2013 in the Board of Supervisors Chambers (Room #330 — Administration Building) Civic Center,
San Rafael, California. Please call the Community Development Agency - Planning Division at (415) 473 -6269
on or after Wednesday, October 16, 2013, in order to be informed of the place on the agenda and the
approximate time of the hearing or to obtain a copy of the staff report, or visit our website at
http : / /www.marincount\/.org /depts /bs /meeting- archive. A staff report for the hearing will be available on or after
October 16, 2013. For further questions on the EIR proc s, you may contact Curtis Havel, Senior Planner, at
(415) 473 -6269 or by email, chavel(o7.marincounty.org.
Curtis Havel,
Senior Planner
6/28/2013
Fh
Late agenda material can be inspected in the office of the Clerk of the Board of Supervisors, between the
hours of 8:00 a.m. and 5:00 p.m. The Clerk of the Board office is located in Room 329 Marin County Civic
Center, 3501 Civic Center Drive, San Rafael. All County public meetings are conducted in accessible locations.
If you require American Sign Language interpreters, assistive listening devices or other accommodations to
PLANNING COMMISSION MINUTES
MINUTES NO. 1032
June 26, 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 7:43 p.m.
Present: Chair Tollini, Vice Chair Weller and Commissioner Welner
Absent: Commissioner Corcoran
Staff Present: Planning Manager Watrous, Assistant Planner O'Malley, Director Anderson and
Minutes Clerk Rusting
ORAL COMMUNICATIONS:
Richard Whithouse introduced himself and stated that he applied to join the Planning
Commission a few months ago.
COMMISSION AND STAFF BRIEFING:
Planning Manager Watrous reported that two items are scheduled for the July 10, 2013 meeting:
the review of the CVS conditional use permit and a Precise Plan Amendment on Owlswood
Road.
PUBLIC HEARINGS:
1. 110 SOLANO STREET: APPEAL OF APPROVAL OF A SEASONAL RENTAL
UNIT PERMIT TO OPERATE A PORTION OF AN EXISTING TWO- FAMILY
DWELLING AS A SEASONAL RENTAL UNIT; FILE #SRU2013 -01; Courtney
and Sandy Anderson, Owners /Applicants; Joe and Cathy Haraburda, Appellants;
Assessor's Parcel Number: 059 - 143 -35
Planning Manager Watrous said that on May 6, 2013, staff conditionally approved a Seasonal
Rental Unit Permit application to operate a seasonal rental unit on property located at 110 Solano
Street. The owners of the property at 120 Solano Street (Joe and Cathy Haraburda, appellants)
have filed a timely appeal of staff s decision.
The property is developed with a duplex, consisting of two two - bedroom dwelling units, along
with a guest room above a two -car carport. The applicants have requested to legalize the use of
either dwelling unit or both together as one seasonal rental use up to 200 days per year. The
TIBURON PLANNING COMMISSION MINUTES - JUNE 26, 2013 MINUTES NO. 1032 PAGE 1
Tiburon Zoning Ordinance defines a seasonal rental unit as "a dwelling unit that is rented on a
repeated basis for less than 31 consecutive days, or is advertised or marketed on a repeated basis
to be rented for any period less than 31 days." Section 16- 40.040 requires that a seasonal rental
use obtains a Home Occupation Permit, tailored to seasonal rental purposes.
Planning Manager Watrous said that staff found out about the rental because they received
complaints from the appellants about the use of the property. The owners then applied for a
seasonal rental permit. They stated they rent out one dwelling unit while staying in the other,
while on other occasions they rent out both dwelling units to one group of renters, and choose to
either stay in the guest room on the site or stay elsewhere during the rental period. Staff
determined that one seasonal rental unit application would be required for rental of each dwelling
unit, and that the subject application therefore could only be utilized for one dwelling unit. On
May 6, 2013, staff conditionally approved the subject application, including Condition of
Approval No. 1 stating that the approved permit was for the upper dwelling unit only. On May
161 2013, the appellants filed a timely appeal of this decision.
Planning Manager Watrous stated that the appeal contains two grounds. The first ground was
that the seasonal rental use is disruptive to the residential neighborhood character. He described
the physical arrangement of the properties, including easements for driveways and a swimming
pool on the appellants' property. Planning Manager Watrous stated that there has been
conflicting information regarding the pool and noise complaints.
The second appeal ground was that the seasonal rental use results in significant additional traffic
and inadequate parking. Planning Manager Watrous described the parking situation on the
properties and stated that the appellants contend that seasonal renters have created additional
traffic and demand for parking on the site, although the appeal does not provide specific
examples of such problems. The applicants have responded that the appellants have consistently
blocked parking spaces with their vehicles and have made numerous unfounded calls to the
Police Department to report illegally parked vehicles on the street.
Planning Manager Watrous said that it was not readily apparent whether the manner in which the
subject seasonal rental has been operated has been inconsistent with the quiet residential
character of this neighborhood, or whether the complaints stem from an inter - neighbor dispute
that has little to do with the operation of a seasonal rental unit. He said that the volume and
indiscriminate character of the appellants' complaints, combined with the letters from other
neighboring property owners indicating a lack of disruption from the seasonal rentals, leads staff
to believe that this situation has more to do with a neighbor dispute than the actual operating
conditions of the seasonal rental unit. However, he noted that the Planning Commission may
determine that the intertwined parking and outdoor use areas of the applicants' and appellants'
properties may make this a less than ideal location for a seasonal rental unit.
Chair Tollini opened the testimony portion of the appeal hearing.
Joe Haraburda, appellant, said that he and his wife have owned the property at 120 Solano Street
since 1991. he said that they have owned property in various locations and have rented properties
with the objective to choose tenants that would respect the quiet nature of the property. He said
TIBURON PLANNING COMMISSION MINUTES - JUNE 26, 2013 MINUTES NO. 1032 PAGE 2
that he has lived in Tiburon since 2001 and has rented both units and never had complaints. He
noted that his tenants have written a letter and submitted it to the Town. He said that the Town's
land use constraints limit the property to uses that conform to the small residential nature of the
community. He showed a map of the properties and described the driveways and garages on the
properties and the distances between the buildings, decks and bedrooms.
Mr. Haraburda said that when the seasonal renters arrive they stop and unload in the area in front
of his house, making noise as early as 6:00 a.m. when they arrive to 11:00 p.m. when they leave.
He said that the noise of loading and unloading occurs up to 200 days a year, and there are
renters currently in the property. He said that on occasional seasonal renters have driven up the
driveway instead of down the driveway, and because of the blind spots this could potentially
cause an accident.
Mr. Haraburda explained that there is a 1991 easement agreement for the appellants to occupy
the two garages and in return they provide use of the swimming pool on their property to the
applicants. He said that the use of the swimming pool is regulated by the rules supplied by the
owners. He was concerned with liability and said that the pool rules have been ignored. He listed
several problems they have had regarding the shared property under the easement: their name is
not on the water bill even though they have been asked several times, the Andersons replaced a
faucet on a sink that is on his property, and there was an issue with the dryer vent and it was not
replaced until he contacted the Town.
Mr. Haraburda said that no seasonal rentals exist in the area along Solano Street below Paradise
Drive and it is an area with high density. He said that the Andersons have had as many as 12
people staying on the property and rented it 200 times per year. He said that the use and the
common driveway affect the neighborhood in a negative way, and pointed out the Tiburon
General Plan contains noise goals to ensure that residential areas are quiet. He measured
distances from the property and noted that other properties where the owners have indicated their
support for this application are 10 -15 times further from the property than his own property is
from the property. He said he called the Andersons many times to quiet the people in the pool
and gave many examples of issues they have dealt with, including children swimming
unsupervised, large numbers of non - English- speakers populating the area, drunken renters in the
pool, and renters confronting them late in the night when they asked them to quiet down. In his
opinion, this use has clearly changed the nature of the neighborhood and is a liability issue. He
requested denying the request and having the rentals cease.
Loni Johnson, appellants' daughter, said she is also a resident of Tiburon and is very familiar
with the character of the property. She said that the vacation rentals have affected her parents
greatly. She said that the Andersons continue to advertise her parents' pool without their consent
on various websites as a communal pool with photos. She said that her mother lives in constant
stress and fear that someone will be injured in the pool. She said that she has witnessed children
running around the pool unsupervised, loud and unruly vacation renters, renters swimming while
intoxicated, and renters who have spoken rudely to her. She said that her mother does not want to
swim with unknown renters and has been unable to properly recover from a recent surgery and
unable to sleep at night because of the excessive noise. She stated that her mother does not want
to disturb the police, but there have been strangers walking through the patio and in front of her
TIBURON PLANNING COMMISSION MINUTES - JUNE 26, 2013 MINUTES NO. 1032 PAGE 3
mother's home that have startled her. She said that there are privacy issues and she was very
shocked and saddened that the Andersons continue to take advantage and profit from her parents'
pool. She said that her mother fears that she might lose her tenants due to this continuing
problem. She said that her parents should have the right to live in peace and enjoy the excellent
quality of life that Tiburon provides to every homeowner.
Vice Chair Weller asked if a copy of the easement agreement was available. Mr. Haraburda read
portions of the easement agreement regarding the use of the parking and pool. He said that they
have a one -page list of pool rules they submitted to the Andersons and received no response.
Vice Chair Weller asked if pool rules and regulations have been established. Mr. Haraburda said
that the rules were adopted, but they have not been adhered to, and he listed violations such as
children in diapers, unsupervised children, etc. Vice Chair Weller asked for the hours specified
in the rules. Mr. Haraburda answered that the agreed hours are from 9:00 a.m. to 9:00 p.m.
Monday through Friday, and 9:00 a.m. to 10:00 p.m. on weekends.
Commissioner Welner asked about arrangement with the neighbors regarding liability insurance.
Mr. Haraburda said that they maintain their own liability policy and have requested a copy of a
liability policy from the Andersons, but only received a piece of paper that was not a legal
document.
Commissioner Welner asked if the property at 2200 Paradise Drive has access to the pool. Mr.
Haraburda said that they have elected not to have access to the pool.
Courtney Anderson, applicant, thanked the Commission for their time and said that much of the
testimony tonight was not true. He said that the Haraburda house is not the closest to the unit, as
the Edinger's bedrooms are within ten feet of the garage, bedroom and the path to the main
structure's front door directly across the driveway. He that said any noise would be heard by
them because they are so close. Mr. Anderson said that the larger decks on his duplex face the
water and there are no open windows facing the Haraburda property for noise to come out of the
house. He said that the noise would be most noticed from the O'Neill's house as they are only 75
feet from the deck. He stated that the noise level from the water is pretty high but the area gets
quiet at night. He said that the pool is only 80 feet from the van Ravenswaays' home and 90 feet
from the Sugaski house and there is not much sound blockage. He said that if any of those
neighbors had an issue with noise then he would have heard from them. He also said that houses
further down the street would hear noise, see traffic or have safety issues and those neighbors
have attested that there have been no issues.
Mr. Anderson said that there are a lot of issues with the pool. He said that the reason his long-
term renters would not rent from him again and would not come back was due to their
experience with the Haraburdas, and he stated that there is a lot going on besides the vacation
rental issue.
Mr. Anderson said that 96% of their vacation renters are families from all over the world and
some of them come to Tiburon and eventually buy houses in Tiburon after renting here. He said
that they are very careful to personally greet each renter. He said that the renters are not allowed
TIBURON PLANNING COMMISSION MINUTES - JUNE 26, 2013 MINUTES NO. 1032 PAGE 4
to come up the driveway and they do not even tell the renters about the driveway. He said that
they only allow them to come up the driveway if they have a wheelchair or other situation, and
this would not occur at night. He said that it is too dangerous to allow renters to come up the
driveway and they very rarely do this, and if they do allow it then they always meet them. He
said that the Haraburdas come out of their garage and past his bedrooms all of the time, but he
pointed out that the sound - proofing of these buildings is excellent and they do not hear them.
Mr. Anderson said that the pool rules were forced on him but are written into all of their
contracts and they also verbally explain all of the pool rules to renters. He said that children
cannot get into the pool area without their families because of the height of the gate. He said that
they have liability insurance and he sent a summary of their insurance to the Haraburdas.
Mr. Anderson said that the vacation renters usually come by limousine or may have one car, so
there is not additional traffic or parking due to the renters. He pointed out that their contract
states that no parties are allowed and that renters must be out of the pool by 10:00 p.m. on
weekends and 9:00 p.m. on weekdays. He said that they are very careful about noise and sound.
He said that they tested the sound coming out of the guest house with the television on and the
windows open and at high volume, and no sound was detected. He said that they tested during
the daytime with ear splitting sound on the deck and found that none of the sound got to the
Haraburdas. He said that the property is very quiet most of the time and he said that vacation
renters are often not in the unit because they are out sight- seeing.
Mr. Anderson stated that the police have been called on them 30 times and he questioned why
everything has to be so controlled. He said that there was noise when the Haraburdas'
granddaughter was in the pool, but it was during the day so it was okay. He said that a lot of the
complaints are overplayed by the Haraburdas and he said that no one else in the neighborhood is
bothered by it. He said that the Haraburdas have chased off the pest control people and anyone
who comes to the location is threatened and will not return.
Chair Tollini asked if there is a specified parking space on the property for the vacation renters.
Mr. Anderson said that renters can park on the space on the driveway or in the lower garage. He
said they wait outside for the renter if they are coming on the driveway and escort them. He said
that they do not want renters to know about the driveway so they will not use it.
Commissioner Welner asked if the units are empty when they are not being rented. Mr.
Anderson said that they live there in the guest unit. Commissioner Welner asked if the entire
duplex is ever rented. Mr. Anderson said that that has been done at most three times in one year.
Commissioner Welner asked if they are generally present. Mr. Anderson said that they are
present because they feel they need to protect their renters from being yelled at. Commissioner
Welner asked how Mr. Anderson arrived at the number of 200 rental days per year. Mr.
Anderson said that it is the maximum number of days they would typically rent it. He said that
the people coming to rent are families and they would like to have 4 bedrooms to accommodate
them.
There were no public comments.
TIBURON PLANNING COMMISSION MINUTES - JUNE 26, 2013 MINUTES NO. 1032 PAGE 5
Mr. Haraburda said that he does not see Mr. Anderson around much at all when renters are
present. He said that there is a concrete wall separating the Edinger's property from his. He said
that the decks that cause problems are not the ones facing the water, but rather the ones facing
his property and the pool area that are creating noise to his property. He said that they face the
pool and on some occasions if it is too loud he goes down and asks people to be quieter. He said
that he spends a good deal of time on the deck and it might look like he is watching the people in
the pool, but his windows are always open because he likes fresh air. He stated that they have
never forced the pool rules on the Andersons. He said that kids have gotten into the pool by
pulling a string on the gate so the height of the gate does not keep them out. He said that he has
seen people arriving in rental cars and vans, sometimes two at a time and there have been parties
and he would not complain if there was not noise. He said that the area is a small town
residential community and not a bed and breakfast community.
Mr. Anderson said that the decks on the Haraburda side are actually very narrow and no one goes
there. He pointed out that there are trees and no space to congregate in that area. He said that no
one goes on the top deck because it covered with flowers. He said that only 2 or 3 people could
fit on the lower deck and he questioned why there are no photographs of people on these decks.
He said that the character of the place is very quiet and the families they rent to respect the
property.
Chair Tollini closed the public hearing.
Vice Chair Weller said that both sides made valid points and both have valid concerns. He said
that his general predilection was to allow property owners to use their property as long as they
are not creating a public nuisance. However, he had trouble reconciling this particular property
with the seasonal rental unit ordinance, which was not intended to change the character of the
community. He said that unfortunately this was a property that would not be built in this fashion
today. He said that the appellants and the applicants have inherited something that includes
reciprocal easements and is a planning nightmare. He said that this was a fundamentally
untenable arrangement and needed to be reconciled in a better fashion than had been done so far.
Vice Chair Weller said that the noise between the two properties was the core issues. He said that
traffic on the driveway does not create more noise than currently exists. However, the pool sits
right in front of the Haraburdas and he said that it is used in a way that is different than
permanent residents would use it, which is inconsistent with the rental ordinance. He said that his
inclination was to not entirely prohibit seasonal rentals but to impose some serious constraints on
the use of the pool. He noted that permanent residents are at work during the day and would not
be in the pool every night.
Commissioner Welner asked when the seasonal residence ordinance became effective and
Planning Manager Watrous answered that the ordinance was adopted in 2010.
Commissioner Welner said that the seasonal rental unit ordinance was not created to encourage
seasonal rentals but rather to allow the Town to have some control over them and ensure that
they would occur in appropriate locations. He said that this situation was tricky because the
property was historically used as a rental and if it was a new application the Commission would
TIBURON PLANNING COMMISSION MINUTES - JUNE 26, 2013 MINUTES NO. 1032 PAGE 6
consider it differently. He said that the Commission needed to look at this as if it was a new
enterprise being proposed. He thought that this was not an ideal property for a seasonal rental.
He said that there is a lot of common property, a complex easement arrangement regarding the
pool, and close proximity. He said that because it is an ongoing use he did not want to drive the
business away, but the use should not have been functioning for all of this time without a permit,
and that should not give it momentum to give the use extra consideration. He did not think that
the property was an appropriate site for a seasonal rental and he thought that the burden was on
the property owner to convince the Commission that it is.
Chair Tollini agreed that this is a tricky situation and she said that it was stressful to feel the
acrimony between neighbors. She said that she has an easement with her neighbor and easements
take a lot of compromise and working together to work well. She said that she would like to
allow property owners to do what they want with their property as long as it is compatible with
the Town's standards regarding parking and outdoor space. She said that the parking could be
easily regulated by designating parking and loading areas, but the main issue was the outdoor
space, specifically the pool. She acknowledged that no other neighbors are disturbed, but because
the pool is right in front of the appellants it is impossible to not be disturbed by noise coming
from the pool area. She said that she would be amenable to approval if parking was regulated and
if renters could not use the pool or had restricted access to the pool area.
Vice Chair Weller said the clearest set of rules would be to limit the parking, but the question
was what preventing the use of the pool would do to the use of the property as a vacation rental.
He said that the issue might be best resolved by stating that seasonal rentals could not use the
pool. He said that this limitation would not apply to long -term renters. He also said that the scale
of the request of 200 days seemed akin to the concept of running a bed and breakfast business as
this would be for more than half the year. He asked staff if the duration was considered as part of
the application. Planning Manager Watrous said that it was not and he said that the review had
more to do with the use and whether it would affect neighbors. He said that the overwhelming
majority of seasonal rentals operate in a manner where neighbors are not aware of it or do not
mind.
Chair Tollini said if they determine that the use does not adversely impact the neighborhood then
the number of days did not bother her. Vice Chair Weller said that since the appeal focused on
the noise and disturbance issue, that can be sufficiently addressed by parking and pool
limitations and the number of days does not matter.
Commissioner Welner asked if there is a minimum duration for a permit for seasonal use.
Planning Manager Watrous said that the Town has not established any time limits, as the home
occupation permit requires an annual renewal fee but not an annual review of the permit. Vice
Chair Weller stated that a condition of approval could require a future review. Chair Tollini
suggested using staff discretion to determine if there are problems and if the permit needs to
come back to the Commission before a scheduled review.
TIBURON PLANNING COMMISSION MINUTES - JUNE 26, 2013 MINUTES NO. 1032 PAGE 7
ACTION: It was M/S (Weller /Weiner) to direct staff to prepare a resolution partially granting the
appeal with the following additional conditions of approval: 1) Seasonal renters shall park only
on public streets and can only use the lower garage on Solano Street; 2) Seasonal renters shall
not have use of the swimming pool or pool area; and 3) The permit shall be reviewed in one year
or sooner at the discretion of Planning Division staff. Motion carried: 3 -0.
MINUTES:
2. PLANNING COMMISSION MINUTES — Regular Meeting of May 8, 2013
Commissioner Welner requested amending the statement on page 4 by Ms. Harder to remove the
following text: ", but she pointed out that they might desire in the future to sell to a large
corporation with trucks."
ACTION: It was M/S (Tollini/Welner) to approve the minutes of the May 8, 2013 meeting as
amended. Motion carried: 3 -0.
ADJOURNMENT:
The Planning Commission adjourned the meeting at 9:20 p.m.
ERIN TOLLINI, CHAIR
Tiburon Planning Commission
ATTEST:
DANIEL M. WATROUS
Secretary
TIBURON PLANNING COMMISSION MINUTES - JUNE 26, 2013 MINUTES NO. 1032 PAGE 8
Ell.
TOWN OF TIBURON Action Minutes - Regular Meeting
Tiburon Town Hall Tiburon Planning Commission
1505 Tiburon Boulevard July 10, 2013 — 7:30 PM
Tiburon, CA 94920
ACTION MINUTES
TIBURON PLANNING COMMISSION
CALL TO ORDER AND ROLL CALL
At 7:30 PM
Present: Vice Chair Weller, Commissioner Corcoran, Commissioner Welner
Absent: Chair Tollini
ORAL COMMUNICATIONS
Persons wishing to address the Planning Commission on any subject not on the agenda may do-so
under this portion of the agenda. Please note that the Planning Commission is not able to undertake
extended discussion, or take action on, items that do not appear on this agenda. Matters requiring
action will be referred to Town Staff for consideration and /or placed on a future Planning
Commission agenda. Please limit your comments to no more than three (3)
minutes. Testimony regarding matters not on the agenda will not be considered part of the
administrative record
ELECTION OF CHAIR AND VICE CHAIR.
COMMISSION AND STAFF BRIEFING
Commission and Committee Reports
Director's Report
CONSENT CALENDAR
Weller Elected Chair; Weiner Elected Vice Chair
There Were None
1. 110 SOLANO STREET: ADOPTION OF RESOLUTION PARTIALLY GRANTING AN
APPEAL OF APPROVAL OF A SEASONAL RENTAL UNIT PERMIT TO OPERATE A
PORTION OF AN EXISTING TWO- FAMILY DWELLING AS A SEASONAL RENTAL
UNIT; FILE NO. SRU- 2013 -01 Courtney and Sandy Anderson, Owners and Applicants; Joe and
Cathy Haraburda, Appellants; Assessor's Parcel No. 059- 143 -35 [DW] Continued to 7124113
PUBLIC HEARINGS
2 1599 TIBURON BOULEVARD: ONE -YEAR REVIEW AND POTENTIAL
MODIFICATIONS OF A CONDITIONAL USE PERMIT GRANTED TO OPERATE
A DRUG STORE AND PHARMACY (CVS /PHARMACY); FILE 11005; Zelinsky Properties
LLC, Owner; CVS /Pharmacy & Armstrong Development Properties, Inc. Applicants; Assessor's
Parcel Nos. 058 - 171 -89 and a portion of 058 - 171 -88 [DW] Found in Substantial Compliance
Tiburon Planning Commission Action Minutes July 10, 2013
Page 1
S's
3. 5 OWLSWOOD ROAD: REQUEST TO AMEND THE OWLSWOOD WEST PRECISE
PLAN (PD #32) TO EXTEND BUILDING ENVELOPE FOR PARCEL B; FILE NO. 31301;
Lynn and Larri Odland, Owners; Kwan & Associates, Applicant; Assessor's Parcel No.
058-121-24[KO] Recommended Approval to Town Council
MINT TTFq
4. PLANNING COMMISSION MINUTES — Regular Meeting of June 26, 2013 Approved 3 -0
ADJOURNMENT At 8:20 PM
a071013
Tiburon Planning Commission Action Minutes July 10, 2013 Page 2
TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
DIGEST
AGENDA
Agenda - Regular Meeting
Tiburon Planning Commission
July 10, 2013 — 7:30 PM
TIBURON PLANNING COMMISSION
CALL TO ORDER AND ROLL CALL
Chair Tollini, Vice Chair Weller, Commissioner Corcoran, Commissioner Welner
ORAL COMMUNICATIONS
Persons wishing to address the Planning Commission on any subject not on the agenda may do_so
under this portion of the agenda. Please note that the Planning Commission is not able to undertake
extended discussion, or take action on, items that do not appear on this agenda. Matters requiring
action will be referred to Town Staff for consideration and /or placed on a future Planning
Commission agenda. Please limit your comments to no more than three (3)
minutes. Testimony regarding matters not on the agenda will not be considered part of the
administrative record
ELECTION OF CHAIR AND VICE CHAIR.
COMMISSION AND STAFF BRIEFING
Commission and Committee Reports
Director's Report
CONSENT CALENDAR
1. 110 SOLANO STREET: ADOPTION OF RESOLUTION PARTIALLY GRANTING AN
APPEAL OF APPROVAL OF A SEASONAL RENTAL UNIT PERMIT TO OPERATE A
PORTION OF AN EXISTING TWO - FAMILY DWELLING AS A SEASONAL RENTAL
UNIT; FILE NO. SRU- 2013 -01 Courtney and Sandy Anderson, Owners and Applicants; Joe and
Cathy Haraburda, Appellants; Assessor's Parcel No. 059- 143 -35 [DW]
UBLIC HEARINGS
2 1599 TIBURON BOULEVARD: ONE -YEAR REVIEW AND POTENTIAL
MODIFICATIONS OF A CONDITIONAL USE PERMIT GRANTED TO OPERATE
A DRUG STORE AND PHARMACY (CVS /PHARMACY); FILE 11005; Zelinsky Properties
LLC, Owner; CVS /Pharmacy & Armstrong Development Properties, Inc. Applicants; Assessor's
Parcel Nos. 058 - 171 -89 and a portion of 058 - 171 -88 [DW]
Tiburon Planning Commission Agenda July 10, 2013
Page 1
9'e
3. 5 OWLSWOOD ROAD: REQUEST TO AMEND THE OWLSWOOD WEST PRECISE
PLAN (PD #32) TO EXTEND BUILDING ENVELOPE FOR PARCEL B; FILE NO. 31301;
Lynn and Larri Odland, Owners; Kwan & Associates, Applicant; Assessor's Parcel No.
058 - 121 -24 [KO]
MINUTES
4. PLANNING COMMISSION MINUTES — Regular Meeting of June 26, 2013
ADJOURNMENT
Future Agenda Items
1760 and 1762 Vistazo West — Conditional Use Permit and Voluntary Merger (TBD)
Tiburon Planning Commission Agenda July 10, 2013 Page 2
a071013
1
dii...
BELVEDERE- TIBURON
..JOINT DISASTER ADVISORY COUNCIL
REGULAR MEETING AGENDA
JULY 16, 20139 4:00 TO 5:30 PM
TIBURON TOWN COUNCIL CHAMBERS, 1505 TIBURON BLVD., TIBURON, CA
• Call to Order
• Approval of April 16, 2013 Minutes
• Open Forum —This is an opportunity for any citizen to briefly address the Disaster Council on any matter
that does not appear on this agenda. Upon being recognized by the chairperson, please state your name,
address, and limit your oral statement to no more than three minutes. Matters that appear to warrant a more
lengthy presentation or Council consideration will be agendized for further discussion at a later meeting
• Presentation:
• "Moving Beyond Duck Cover and Hold" - Ellen RonY
• New Business
• Tiburon Peninsula Medical Reserve Corps Event — Dr. Tom (`rcfm well
• Old Business / Committee Updates
• Emergency Notification Siren - Rich Pearce, T ihtiron Fire (7hie1
• MIDC Disaster Readiness Conference recap — Ch ief Patric is Serler
• Belvedere Medical Supply Trailer — Laurie Nilsen
• Medical Volunteer & First Aid Station Open House - Dr. Taut 0 -oinwell
• Announcements / Council Member Items - None
• Next Suezested Meetine Date —October 15, 2013, 4:00pm — 5:30pm
• Adiourn
NOTICE: WHERE TO VIEW AGENDA MATERIALS
Meeting minutes and other writings distributed to the Disaster Council are available for public inspection at the
following location: Tiburon Peninsula OES, 1155 Tiburon Blvd. (Writings distributed to the Council after the posting
date of this agenda are available for public inspection at this location only.) To request automatic mailing of agenda
materials, please contact the Emergency Services Coordinator at (415) 435 -7386.
NOTICE: AMERICANS WITH DISABILITIES ACT
The following accommodations will be provided, upon request, to persons with a disability: agendas and /or agenda
packet materials in alternate formats and special assistance needed to attend or participate in this meeting. Please
make your request at the Office of the Emergency Services Coordinator or by calling (415) 435 -7386. Whenever
possible, please make your request four working days in advance.
TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
AGENDA
aaT
Regular Meeting 76
Design Review Board
July 18, 2013
7:00 P.M.
TIBURON DESIGN REVIEW BOARD
CALL TO ORDER AND ROLL CALL
Chair Emberson, Vice Chair Chong, Boardmembers Cousins, Kricensky and Tollini
ORAL COMMUNICATIONS
Persons wishing to address the Design Review Board on any subject not on the agenda may do so under
this portion of the agenda. Please note that the Design Review Board is not able to undertake extended
discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be
referred to Town Staff for consideration and/or placed on a future Design Review Board agenda. Please
limit your comments to no more than three (3) minutes. Any communications regarding an item not on
the agenda will not be considered part of the administrative record for that item.
STAFF BRIEFING (if any)
ELECTION OF CHAIR AND VICE -CHAIR
OLD BUSINESS
510 RIDGE ROAD: File No. 21304; Paul Wong and Julie Huh, Owners; Site Plan and
Architectural Review construct a new single- family dwelling, with Variances for reduced
front yard setback and excess lot coverage. The new two -story dwelling would result in
and a total floor area of 4,002 square feet and lot coverage of 16.2% which is greater than
the 15.0% maximum lot coverage in the RO -2 zone. The house would extend to within
27 feet, 6 inches of the front property line, which is less than the 30 foot front yard
setback required in the RO -2 zone. Assessor's Parcel No. 059- 091 -24. [DW]
2. 545 SILVERADO DRIVE: File No. 713029; Brian and Sue Peery, Owners; Site Plan
and Architectural Review to construct additions to an existing single - family dwelling.
Additions would be made to the upper and ground levels of the house, with raised
rooflines and a new garage at the front of the property. The floor area of the house would
be increased by 564 square feet, resulting in a total floor area of 2,222 square feet, with
an additional 504 square feet of garage space, and would increase the lot coverage on the
site by 561 square feet to 2,118 square feet (19.3 %). Assessor's Parcel No. 055- 082 -23.
[DW]
Design Review Board July 18, 2013 Page 1
3. 1877 CENTRO WEST STREET: File No. 21314; Steven and Jennifer Lamar, Owners;
Site Plan and Architectural Review to legalize as -built construction of walls for an
existing single- family dwelling, with a Variance for excess wall height. The walls that
have been constructed around the perimeter of the site have a maximum measured height
of 13 feet, which is taller than the 6 foot maximum wall height allowed in the R -2 zone.
Assessor's Parcel No. 059 -071 -16. [DW]
PUBLIC HEARINGS AND NEW BUSINESS
4. 6 JUNO ROAD: File No. 713051; Pensco Trust Company, Owner; Site Plan and
Architectural Review for construction of a fence for an existing single - family dwelling,
with a Variance for excess fence height. A new 8 foot tall wooden fence would be
constructed along the rear of the property. The proposed fence would be taller than the 6
foot maximum wall height allowed in the R -1 zone. Assessor's Parcel No. 034 - 272 -04.
[KO]
5. 26 APOLLO ROAD: File No. 713039; Suzanna and Nikita Bell, Owners; Site Plan and
Architectural Review for construction of a new single - family dwelling. The new two -
story house would include four bedrooms, three bathrooms, a living room, dining room,
kitchen, family room and a one -car garage. The project would increase the floor area by
1,901 square feet to a total of 2,861 square feet of living space. The lot coverage would
increase to 2,421 square feet (28.1 %) of the site. Assessor's Parcel No. 034 - 271 -13. [KO]
6. 65 REED RANCH ROAD: File No. 713043; Andrea Hong and James Parsons, Owners;
Dan Mihalovich and Judy Stern, Appellants; Appeal of Planning Staff's decision to
conditionally approve a Site Plan and Architectural Review application for construction
of a fence for an existing single- family dwelling. A new 6 foot tall wooden fence would
be constructed along the west side property line on property. Assessor's Parcel No. 038-
301-35. [DW]
MINUTES
7. Regular Meeting of June 20, 2013
ADJOURNMENT
Design Review Board July 18, 2013 Page 2
DIGEST 9
NOTICE OF MEETING
CANCELLATION
THE
PARKS, OPEN SPACE AND TRAILS
COMMISSION MEETING
SCHEDULED FOR
TUESDAY, JULY 16, 2013
HAS BEEN CANCELLED.
THE NEXT MEETING OF THE
PARKS, OPEN SPACE AND TRAILS
COMMISSION
WILL BE THE REGULARLY
SCHEDULED MEETING ON
TUESDAY, SEPTEMBER 17,2013
NGUYEN, SECRETARY