HomeMy WebLinkAboutTC Min 1994-02-10
F-
a
L,
'.
TOWN COUNCIL
TOWN OF TIBURON
C.AU, TO ORDER
Mayor Nygren called the adjourned meeting of the Town Council of the Town ofTiburon
was called to order at 7:40 p.m, Tuesday, February 10, 1994, in Room 5, Del Mar School,
Tiburon California.
A. ROU,CAT,T,
PRESENT: COUNCILMEMBERS:
Thayer, Thompson, Friedman, Kulm, Nygren
ABSENT: COUNCILMEMBERS:
None
EX OFFICIO:
Town Attorney Ewing, Town Planning
Director Anderson, Town Engineer Bala,
Minute Clerk Kearney.
B. PUBLIC OUESTIONS AND COMMENTS
None.
l
c.
COUNCIL. COMMISSION OR COMMITTEE REPORTS
Councilmember Kuhn reported on the status of the annexation of the Unocal Station into the
Town, which would bring the Town approximately $10-12,000 in sales tax revenues. He
indicated the annexation approval process by Unocal Corporation has been completed and a
report is forthcoming.
D. PUBLIC HF,ARING
1. MARINERO ESTATES PRECISE DEVEWPMENT PLAN (A.P. #58-100-20,
21 Public Hearing on Merits of Project)
Mayor Nygren informed the audience that because the April general election has been moved
to November, the election of the Mayor had been moved up two months in order to give the
next three Mayors equal terms. However, for the sake of continuity, it has been previously
agreed by the Town Council to allow former Mayor Friedman to continue chairing the
Marinero Estate hearings. Therefore, Mayor Nygren passed the chair to Councilmember
Friedman.
The Planning Director reviewed the staff report and the latest revised plan in which the
applicants are proposing to develop the property with 30 lots for detached single family
homes occupying approximately 25 acres, with roads taking approximately 3 acres; and the
remaining 73 acres would be private 9pen space in the form of resource conservation areas.
This would include public trails an~asements to the open space areas. He further reviewed
TOWN COUNCIL MINUTES #1000
2/10/94
I
~
l,
the significant adverse impacts as found by the EIR aDd s..lJ lICquently certified by the Town
Council on December 15, 1993. He referred to the P1anningCommi..c:ion's adopted resolution
recommending denial of the precise development plan; stated the Planning Commission feh
that none of the plans submitted to date adequately addresse'd ~e environmental concerns nor
did they demonstrate con.;<tency with the Town's General Plan and other Town regulations.
However, the Planning Commi..oinn does feel that an acceptable project could be formulated
with some density reductions and redesign, and Staff agrees that the Council should consider
other options.
Randy Greenberg, Planning Commission Chair, stated the Planning Commission was
.manimnus in their recommendations outlined in the resolution; stated they spent many hours
on this project; received muclJ. public input; and all Planning Commissionl?fs carne to the same
conclusion--that the project presented was still too far from one they could approve.
L
Ken Cohen, Counsel for the Applicant, noted his letter dated February 8, 1994, regarding the
applicant's response to the Planning Commission's recommendations; gave a brief history of
the property, including a summary of the various assessments districts of which the property
has been subject; stated the proposed density is substantially less than surrounding
developments; reviewed the evolution of the current plan from the first submitted plan,
including the relocation of all lots from the ridge saddle; stated the lots are substantially
smaller; stated the visual impacts have been further mitigated by proposing a maximum
height limit on the building envelopes to reduce the appearance of mass; roads have been
reduced; identification of spider habitats and provision of buffers; preservation of more rock
outcroppings; increase in open space to over 70% of the site, house size limit to 6,000 sq.
ft., and a regime of resource conservation methods to further protect sensitive habitats.
L.
Mr. Cohen further stated the applicant feels the clJ.anges from the original to the current plan
have been substantial; the changes considerably reduce the value of the property; stated
California law does not encourage municipalities to reduce density, but in fact discourages
such as a means of mitigating adverse impact; and feels the Town Council should make a
decision regarding the density of the property. Regarding the Planning Commission's
criticisms of the project, he stated the habitat areas are isolated from the rest of the project
and there is insignificant drainage from only one lot into one of those areas; the drainage
corridors would not effect the riparian areas; the spider habitats have been protected by
buffers and the one driveway that intrudes into the buffer area would be made of a porous
material and would not adversely effect the spider habitat; the various buffers are intended to
avoid construction within those areas and are not intended to prevent ordinary uses such as
walking; stated the resource conservation easements will assure the Town will have legal
recourse to remedy any intrusions into the buffers; discussed the reduction of the length of
fill; stated any damage to the riparian vegetation during construction will be replaced; stated
this plan has substantially greater view corridors between the lots; stated a comparatively
small amount of native grass will be disturbed during construction and will only be a common
variety of purple needle grass; stated that before construction begins, full mitigation plans
must be approved by the Town; requested direction from the Town Council and suggested
consideration of some development in the ridge saddle which would open up the site and
enable incorporation of the mitigation measures.
Chair Friedman reminded the meeting attendees that the issues to be considered this evening
are relevant to the EIR only.
TOWN COUNCIL MINUTES #1000
2/10/94
2
Chair Friedman opened the public hearing.
r-.
1
Nancy Dempster, representing the Environmental Forum, recommended the proposed plan
be denied because it does not satisfactorily address all the issues, including that the buffer
zones should be 100' long and located on public property to assure continued protection;
stated the subridges should be considered ridgelines and should be protected; grading should
be minimi7ed; does not recommend off-site mitigation and stated there are no acceptable
mitigation measures for many of the impacts resuhing from this project; and stated roads
should not cross drainage ways.
Mark Ginalsky, 1820 Vistazo West, stated the latest proposal does not comply with the
Town's General Plan; is in violation of the Tiburon Zoning Ordinance and Hillside Guidelines;
stated the biggest concern is the density; stated the proposed driveway will have a major
impact on the spiders; expressed concern about excessive grading; stated the project will be
lDlbalanced and excessive dirt will have to be hauled away; many of the homes will be placed
in landslide areas; there are stil1 unresolved issues relating to the trails; this area has been
designated by the Department ofFish and Game as a significant natural area; recommended
the EIR be recirculated because of additional information received and because of substantial
changes made; and recommended the Town Council uphold the Planning Commission's
recommended to deny the application.
I-
Alan Olson, 90 Redhill Circle, spoke in opposition to the project and urged the Town Council
reject the proposal; stated all members ofhis homeowners association have been polled and
all are in opposition to the proposed project; stated the Town Council should first consider
the values of the citizens of the Town and not the value of the property to the property
owner; stated that unless the proposal is in compliance with the Town's General Plan, the
project should be denied.
Elva Edger, representing the Marin Audubon Society, read from a letter previously submitted
urging the Council deny the submitted application and require the applicant to submit a plan
that conforms to the Town's General Plan and better addresses the environmental issues.
John Walters, representing the California Native Plants Society, referred to a letter dated
February 8, 1994, referring to the serpentine rock and soil depth; and stated there is no
uniform depth of bedrock; the proposed grading will have adverse impacts on existing
grasslands; recommended no housing be placed on landslide areas or serpentine exposures;
requested the Town Council require a geologic cross section of the slopes by a California
State licensed engineer geologist to verifY angles and fractures of underlying rocks; expressed
concern about the restoration of existing plant communities; requested the Town Council
support the Planning Commission recommendation to deny the project.
h
George Landau, 82 SugarloafDrive, recommended the property be purchased by the citizens
of the Town and County for protection; stated the owners have refused to discuss this
option; recommended the Town Council deny the proposal; stated the applicant has had
every effort to provide an acceptable proposal and has not done so; stated that for the
applicant to be asking for guidance at this point in the process is unacceptable; and stated
the EIR fuiled in this project because of information gathered after it was done.
TOWN COUNCIL MINUTES #1000
2/10/94
3
fF'
Bill Atchley, 1721 Mar West, stated the property in question is the heart and soul of the
commnnity; noted the historical value of the spring on the property; and stated the property
should be preserved for the legacy of the community's grll;D-dchildren.
k-
Rob Poole, Tiburon Boulevard, a professional excavator, . stated he has worked on sites
sirniIar to the proposed one and he does not believe the plantings can be replaced because of
the thin layer of soil; native vegetation would not replant on such steep slopes; stated the
serpentine rock will be fractured and required massive fills will cause damage to the natural
drainage into the riparian areas; questioned how the sewers will be installed nmning across
riparian areas; stated massive cuts will be required on the ridges requiring extensive hauling
of soil out of the area down Lyford Drive and Tiburon Blvd.; stated asbestos maybe found
in the serpentine soil wbich will be costly to dispose of; stated natural streams will be clouded
by development requiring cleaning and causing massive erosion of the stream banks; and
suggested the homes be built near the Heathcliff Road side of the property.
RECESS
The Town Council recessed at 9:30 p.rn., and reconvened at 9:40 p.rn.
~
Barbara Meislin, 160 Lyford Drive, recommended denial of the proposed plan on the basis
of the violations of the General Plan and the Zoning Ordinance; feels the proposed plan would
be another cluster plan; questioned the need of a water tank wbich has not been addressed by
the EIR; stated she has spoken with hundreds of people from around the world who are
appalled that this property would be developed; stated that if it is spoiled it cannot be
retrieved; submitted a letter by Mark Ginalsky with 50 signatures ofneigbbors expressing
opposition to the proposal; stated this is not reasonable development; referred to the
Monterosa project's violations wbich occur in a very visIble part of Lyford Drive and
questioned how this project can be properly monitored because of the staff shortage.
Chair Friedman requested another copy of the Ginalsky letter be forwarded to him.
Another resident submitted a letter with 98 signatures from the Marinero Hills area.
Jerry Riessen, resident, spoke in support of preserving as much as the property as pOSSIble as
open space; stated the Last Chance Open Space Committee does not support the density of
30 lots nor the development on the ridge or secondary ridges; the Committee's goal was to
provide large significant open space areas for public use, and very little of the applicant's
proposal will do so; expressed concern about the visual impacts of the project; stated the
Marin County Open Space District is willing to enter into discussions with the applicant
regarding purchase of the property, but the applicant prefers to wait until after the application
process is completed; urged the Town Council deny the application.
There was discussion regarding the Last Chance Committee's desire to obtain contiguous
open space througbout the Peninsula.
l~
Gary Wmi~m., 428 Greenwood Beach Road, urged a compromise be considered based upon
the mcts that 30 units on 100 acres is a fairly low density level, the project is being planned
TOWN COUNCIL MINUTES #1000
2/10/94
4
r
by one of the Bay Area's most respected pllllUlers; the applicant's williagness to provide
continued access to the open space; and urged the project not .become confrontationahls
some in the past.
r
Carolyn Friedman, Lyford Drive, expressed appreciation to Staff and the Planning
Commission for the time spent on this project; and urged the Town Council uphold the
General Plan by denying this project.
Chair Friedman closed the public hearing.
Mr. Cohen stated the applicant would like direction from the Town Council and would prefer
compromise or hybrid based on the October and January plans; suggested Mr. Poole contact
him directly to address his concerns; referred to the model of the original plan and the
proposed hydrolization of the riparian areas.
h
Scott Patterson, project civil engineer; addressed the issues of hydrology and site drainage
and their impact on the riparian areas; stated all reports generated by various studies
concluded that the downstream drainage systems are adequate for development of this
property, in fact, would support more density that 30 units; stated this proposal would
increase drainage only by 1% and would not add significantly to erosion or sedimentation
impacts on the channels on site or downstream; all surface waters will remain after
development as they currently are now; stated that boulders could be placed in the erosions
areas to catch sediment; stated the development will repair several landslide areas and will
improve the overall sedimentation and erosion conditions; stated that there is drainage into
the riparian areas from existing developments; reviewed the proposed drainage and flow of
water from the project, stating that lot 8 is the only lot that would drain into the sensitive
plant area.
Mayor Nygren questioned whether in repairing one slide area, another slide area may be
created because of the inability of vegetation to regrow in the cut areas; and questioned what
effects the hardscape will have on underground drainage.
On behalf of Mr. Miller, the project's geological engineer, Mr. Patterson stated grading will
not change the subsurface flow because the excavation would be enough above the seeps to
not effect them; stated this site is relatively slide free compared to other areas on the
Peninsula; stated this site is fairly easy to work with and there are a variety of options
available; all options presented are balanced minimizing the need to haul material off the site;
the applicant hopes to keep grading to a minimum; stated standard erosion control techniques
will be utilized; and stated the total project would have only a I % impact on the area
drainage.
There was discussion regarding the possibility of using siltation or grease traps above the
riparian areas, and the sewer line locations and depth.
(~
The Town Engineer responded that the sewer lines would not need to be deep.
Vice-Mayor Thompson questioned whether the project would require a new water tank on
the top ofMt. Tiburon; and Mr. Cohen responded that it is not known yet what MMWD will
determine necessary; MMWD will not address the water issue until an approved project is
TOWN COUNCIL MINUTES #1000
2/ I 0/94
5
before them; and if a water tank is required, it will go thmugh an EIR ptocess regarding
placement.
r
The Planning Director stated that a water tank on this site'is.not part of the project nor part
of the application. He stated that he has had discussions With MMWD and they will not
disclose at this time what their solution to bringing water to this site might be.
r
The Town Engineer suggested the Town Council review all his letters pertaining to this
project; stated the most recent plan is far superior to the earlier because less grading is
required; expressed concern about the 550' narrow driveway; recommended no lots be sold
with unrepaired slides; stated the most recent proposal has only one lot with a slide--lot #6;
agreed that the rate of drainage flow would increase only 1 %; stated he is not sure siltation
can be controRed during construction of the houses; recommended against installing oil traps
because of the excessive size required and maintenance; however, if oil traps are required, he
recommended the homeowners association be responsible for maintenance.
Ralph Alexander, landscape architect for the project, displayed a map of slide areas on the
Peninsula and on the property in question; stated the slide on lot #6 will be eliminated
completely; stated all sewer lines will go above the serpentine; stated the sedimentation would
not reach riparian areas; and stated only Lot 8 will cause siltation into a portion of the
riparian.
'-'
Upon questioning by Mayor Nygren as to whether non-native grasses would intrude upon
native grasses, Leslie Zander, biologic consu1tant, stated that the habitat exists because of the
existing chemistry of the soils and if the soils are flushed out by drainage, then non-native
grasses could intrude.
There was discussion regarding landscaping and how it will effect native grasses; and Mr.
Alexander responded that the CC&Rs will include guidelines for plantings.
Mr. Miller again reiterated that only Lot 8 will flow into a riparian area; and in no way can
water off streets flow into those sensitive plant areas.
Chair Friedman closed the public hearing, and stated he does not favor moving the homes
toward Heathcliff; expressed concem about clustering; suggested the Town Council schedule
a field trip of the site; suggested story poles reflecting the January plan be erected and roads
marked prior to the field trip.
After discussion, it was agreed by the Town Council to schedule a field trip of the site on
February 19, 1994, at 10:00 a.m, and staffwas directed to arrange to have resident homes
open for viewing impact.
Mrs. Meislin requested a sign be erected on the story poles stating they have been erected at
the request of the Town Council; and Chair Friedman requested the poles be numbered for
identification.
L
Councilmember Kuhn summarized that reduced density is the direction the applicant needs
to address.
TOWN COUNCIL MINUTES #1000
2/10/94
6
Vice-Mayor Thompson expressed concern that so much .attention has been paid to the
riparian and sensitive areas in order to accommodate 30 units, the visual impacts have been
overlooked in violation of the General Plan.
!'"""
r
Councilmember Thayer expressed concern that this area can adequately support 30 units
without adversely effecting the enviromnental considerations.
F. ADJOURNMENT
There being no further business before the Town Council of the Town ofTiburon, Chair
Friedman adjourned the meeting at 11:40 p.m to Saturday, February 19, 1994, 10:00 a.m
for the scheduled Field Trip.
~~
r MA N NYGREN
'"'
ATTEST:
C);""" 'ti(. ~d' 'i'#4
TIIERESE M. HENNESSEY, TO CLERK
(~
TOWN COUNCIL MINUTES #1000
2/10/94
7