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HomeMy WebLinkAboutTC Digest 2014-03-14TOWN COUNCIL WEEKLY DIGEST Week of March 10 —14, 2014 Tiburon 1. Letter — Marin County Civil Grand Jury — Single -Use Plastic Carry Out Bags 2. Letter — Office of Marin County Counsel — Verizon Cal Inc. v. State Board of Equalization et al 3. Notice of Current Vacancies — Town Boards, Commissions & Committees — Heritage & Arts Commission, Parks, Open Space & Trails, and Planning Commission 4. Yearly Recap — Design Review Submittals — February 2014 5. Monthly Report — Design Review — February 2014 Agendas & Minutes 6. Minutes —Planning Commission —February 12, 2014 7. Minutes —Design Review Board —February 20, 2014 S. Action Minutes —Design Review Board —March 6, 2014 9. Action Minutes —Planning Commission —March 12, 2014 10. Agenda — Belvedere/Tiburon Library Agency — March 17, 2014 11. Agenda — Design Review Board — March 20, 2014 12. Agenda — Planning Commission — March 26, 2014 13. Meeting Cancellation — Town Council - March 19, 2014 Regional a) Letter & Application — LCC — Parties Interested in Serving on the LCC Board b) Estuary Newsletter — March 2014 * c) Golden Gate Gazette — Spring 2014 d) Invitation — Marin Conservation League's 2014 Annual Dinner & Meeting Agendas & Minutes e) Agenda — ABAG — General Assembly — April 17, 2014 * Council Only DIGEST �_ COUNTY OF MMIN . March 3, 2014 Marin County Civil Grand ,Jury Margaret Curran Town Manager, Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Dear Ms. Curran: The Marin County Civil Grand Jury (2013 -2014) is following up on the responses of ten Marin County municipalities to the Grand Jury Report, Holding the Bag, published May 7, 2013. In your response to Recommendation 3 in Holding the Bag (reprinted below as reference), you indicated support for an ordinance banning single use plastic bags but noted that you could not act on the Grand Jury's recommendation because the Marin County Hazardous and Solid Waste Management Joint Powers Authority (JPA) had not issued a Model Single -Use Bag Ordinance. The JPA certified a Model Ordinance in January 2014 as contained in Appendix B of the Single Use Carryout Bag Reduction Ordinance for Marin County Cities and Towns Final Environment Impact Study (htty: / /zerowastemarin.org/ assets/ Agenda/2014/ltem- 4- Attach2.pdfl. Recommendation 3. Marin Towns and Cities adopt an ordinance to ban all single -use plastic carry -out bags using the Model Single -Use Bag Ordinance with minimal, or no, changes, in order to create a true County-wide ordinance. The Grand Jury is requesting information as to your plans and timeline to implement a plastic bag ban in Tiburon. Please respond to me no later than April P. Sincerely, Nadine A. Muller, Foreperson namgrand@earthlink.net (h) 415 - 662 -9660 (c) 415 - 203 -0929 5501 Civic Center Drive, Room 275,,lan Rafael, CA 94905 Tel. 415 -499 -6132 COUNTY OF MARIN Steven M. Woodside COUNTY COUNSEL Jack F. Govi ASSISTANT COUNTY COUNSEL Mari -Ann G. Rivers Renee Giocomini Brewer David L. Zoltsman Michele Keno Patrick M. K. Richardson Stephen R. Raab Steven M. Perl Sheila Shah Lichtblau Edward J. Kiernan Jessica Mills Sutherland Brian C. Case Jenna J. Brady Valorie R. Boughey March 7. 2014 Margaret Curran, Town Manager Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 OFFICE OF THE .......I ................... C.O U.NT..Y.....C.O.U..N.S E.L... RECEIVED MAR 1 0 2014 TOWN MANAGERS OFFICE TOWN OF TIBURON Re: Verizon California Inc. v. State Board of Equalization et al. Sacramento Superior Court Case No. 34- 2014 - 00157245 Dear Ms. Curran: I am writing to notify you that a lawsuit has been filed by Verizon against the State Board of Equalization and 51 counties, including the County of Marin, pursuant to Revenue and Taxation Code section 5148. Section 5148 requires that the County provide written notice of the action to the cities on whose behalf it collects taxes, and allows for a city to intervene in the action if it so chooses. DEPUTIES The original complaint was served on the State Board of Equalization on January 10, 2014. A copy of the complaint is enclosed. I will be handling the Jeanine Michaels case for the County. Should you have any questions about this matter, please ADMINISTRATIVE ASSISTANT contact me at (415) 473 -2794. Yours truly, Morin County Civic Center 3501 Civic Center Drive STEVEN WOODSIDE, COUNTY Suite 275 COUNSEL San Rafael, CA 94903 415 473 6117 T 415 473 3796 F By: 415 473 2226 TTY Sheila S. Lichtblau, Deputy www.marincounty.org/cl Enclosure(s): Complaint TOWN OF TIBURON NOTICE OF CURRENT VACANCIES NGE3 T 3 On Town Boards, Commissions & Committees (March 2014) HERITAGE & ARTS COMMISSION PARKS, OPEN SPACE & TRAILS PLANNING COMMSSION The are vacancies on the three Town Boards, Commissions and Committees listed above. Pursuant to Resolution No. 16 -2007, the Tiburon Town Council will conduct interviews of all interested applicants. Applicants should be residents of the Town of Tiburon and have the time, interest and desire to serve on the board or commission, including attendance at regular monthly meetings and other activities. Some commissions, such as the Heritage & Arts Commission, are comprised of residents of both Tiburon and Belvedere, or the Tiburon Peninsula. Terms on most commissions are for four years. Applications can be obtained at Town Hall, 1505 Tiburon Boulevard, or from the Town's website, xMrn,.townoftiburon.org (click on "Useful Forms "). You may also contact Town Clerk Diane Crane Iacopi at dcranena townoftiburon. org (tel: 435 - 7377) for more information. The vacancies have occurred as follows: HERITAGE & ARTS COMMISSION Appointee Appointed Resigned • Dave Gotz 2001;2002;2006;2011 2/28/14 PARKS, OPEN SPACE & TRAILS Appointee Appointed Resistted • Robert McDermott March 2010 2/28/14 PLANNING COMMISSION Appointee Appointed Term Expires • Erin Tollini 2010; reapptd. 2011 2/28/15* *stepped down -- appointed to Town Council Copies to: The Ark ((or publication on March 19 & 26.2014) Courtesy copy to: The Marin Independent Journal Notice Posted at Tiburon Town Hall and Belvedere /Tiburon Library D0G E a d M 0 N ID m w LL S 0 0 2 F- J 0 Q F- W S z z O 41 1 oG F- r N N O OD O 00 O a 0 N N N N V n N N N O � U w O z r t- N O 1 N J M Q H w w H � O m � J W 7 W w z Z LU W 0 Q g (L U J a W >- J < LU w r LL O N r M r O N O O N w w LL Q w F}- w LL y z Q O F- J z F- w a to N w w w w w Q ¢ > F- a w c) w a: LL w > w w LL ¢ N N w a Q N F- 0 r M 0 N ID m w LL S 0 0 2 F- J 0 Q F- W S z z O 41 1 DIGEST TOWN OF TIBURON COMMUNITY DEVELOPMENT DEPARTMENT DESIGN REVIEW MONTHLY REPORT FEBRUARY 2014 DESIGN REVIEW BOARD APPLICATIONS: NUMBER SUBMITTED 2012 • NEW SINGLE FAMILY RESIDENCES 1 1 ■ MAJOR ADDITIONS /ALTERATIONS 3 3 ■ MINOR ADDITIONS /ALTERATIONS 1 1 • (not eligible for Staff Review) • SIGN PERMITS 3 0 ■ TREE PERMITS 2 5 ■ VARIANCE REQUESTS 2 13 ■ FAR EXCEPTIONS REQUESTS 1 0 ■ EXTENSION OF TIME 0 0 STAFF REVIEW APPLICATIONS: Review of minor exterior alterations and additions of less than 500 square feet. 13 7 APPEALS OF DESIGN REVIEW BOARD DECISIONS TO TOWN COUNCIL 0 0 REPORT PREPARED BY: Connie Cashman, Planning Secretary DATE OF REPORT: March 7, 2014 DIGEST PLANNING COMMISSION MINUTES MINUTES NO. 1040 February 12, 2014 Regular Meeting Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California CALL TO ORDER AND ROLL CALL: Chair Weller called the meeting to order at 7:35 p.m. Present: Chair Weller, Commissioners Corcoran and Kulik Absent: Vice Chair Welner Staff Present: Planning Manager Watrous ORAL COMMUNICATIONS: None COMMISSION AND STAFF BRIEFING: Planning Manager Watrous announced that there are not currently items scheduled for the February 26, 2014 meeting. PUBLIC HEARINGS: 1. 2 MHtAFLORES LANE: REQUEST TO AMEND THE MIRAFLORES PRECISE PLAN (PD #21) TO EXPAND THE EXISTING SECONDARY BUILDING ENVELOPE; FILE #31304; Davoud Sadeghi, Owner and Applicant; Assessor's Parcel No. 039 - 271 -21 Planning Manager Watrous stated that the applicants have requested this amendment to accommodate a proposed garden room and cabana and some additional deck area. The Precise Plan was approved in 1975 and this particular lot had several precise plan amendments; one in 1988 to create the secondary building envelope, and the primary building envelope was expanded in 1999. In 2010, the applicant requested and received approval for an amendment for expanding the secondary building envelope for construction of a new carport, gazebo, fencing and an outdoor barbecue area. Subsequent to this, the applicant realized that constructing the gazebo would place the structure directly across an existing sewer line utility easement and he has therefore requested the proposed amendment to locate the room beyond the utility easement. The applicant has received approvals from most of the nearby homes, including the homeowners at 1 and 3 Miraflores Lane and 170 and 172 Avenida Miraflores. TIBURON PLANNING COMMISSION MINUTES - FEBRUARY 12, 2014 MINUTES NO. 1040 PAGE I Davoud Sadeghi, owner /applicant, said that he has lived at 2 Miraflores Lane for the past 22 years. He said that he had nothing more to add to his letter or the staff report and hoped for the Commission's approval. Commissioner Corcoran asked if the garden room would be a greenhouse. Mr. Sadeghi explained that he needs some storage area for garden equipment and personal possessions. Commissioner Corcoran asked if there could be a change in use at any time. Mr. Watrous said that the Commission would have some ability to control that if there was a concern that the building should be used only as a garden accessory building as a condition of approval. Mr. Watrous said that this would usually only be an issue if it is a significant intensification, such as a guest room or a secondary dwelling unit, but if it serves as a pool house, this would not be a significant or intensive use. Chair Weller stated that a garden storage room would be fine, but asked if it was typical that storage rooms have a bathroom and wondered why this would be needed. Mr. Watrous said that it is not that common but staff has seen more of bathrooms in accessory buildings, particularly on properties with larger yard areas where they might have gardeners use this bathroom rather than coming into the house to use the restroom. He added that the bathroom would be relatively close to the pool. Chair Weller opened the public hearing. There were no public speakers, and Chair Weller closed the public hearing. Chair Weller said that he was concerned that the structure could be used as a separate dwelling unit as it would be enclosed, capable of habitation and include a bathroom, which could invite a guest unit. He said that he would like to see a condition of approval with some limitation on uses that are not part of this request. Mr. Watrous said that the Commission could place a limitation on the Precise Plan for that property saying that the building shall be limited to only certain uses within the secondary envelope. Mr. Sadeghi said since it is a pool house he may need the bathroom and shower. Mr. Watrous suggested that the Commission could allow the applicant to have a bathroom but that the garden room could not be used for a guest room or a secondary dwelling unit. Commissioner Kulik said that he visited the property and met with Mr. Sadeghi today and thought that the intended use and practical function of this could be two different things depending upon who owns the property. He felt that for all intents and purposes this would be a pool house, with the bathroom and decking that surrounds three- quarters of the structure, but it may have different uses depending upon who owns the home. He said that the compelling issue for him in this proposal was the fact that the Precise Plan was approved in 1975 and there was a precedent of modifying it which supports this proposal. He noted the 2010 request for a carport and other uses that were contentious with neighbors from a view impediment or functional use and that these issues have been resolved, as evidenced by the letters of support, which speaks to the neighborhood harmony. He stated that something similar was approved 4 years ago and now the structure would be moved slightly and he said that he supported the proposal. TIBURON PLANNING COMMISSION MINUTES - FEBRUARY 12, 2014 MINUTES NO. 1040 PAGE 2 Commissioner Corcoran said that the proposal was a modest one. He recalled that when the previous request came to the Commission for the carport, there were a number of neighbors opposed to it and the building had the possibility of blocking some views. He said that this appeared to be a modest change from what has already been approved and would not be too visually prominent and located lower on the site. He said that the structure would not be overly visible from the street or onerous to neighbors. In light of that, he said that he could support the request but suggested including language limiting its use as a garden/storage room and not a guest room or second unit. Chair Weller said that the proposal was a reasonable one, given its history. He commended the property owner for working with their neighbors to reach resolutions. He said that there was agreement that the structure be limited in its use to storage and garden equipment and not intended to be used as an office or habitation. Mr. Watrous stated that the draft resolution language under Section 2 states that "an expanded secondary building envelope is approved for landscape improvements, a garden room, stairs, fencing and decks." He recommended adding "bathroom" to that and adding another sentence to state that "an office, guest room or secondary dwelling unit is not permitted within this envelope." ACTION: It was M/S /C (Kulik/Corcoran) to adopt the draft resolution recommending approval to the Town Council of the amendment to the Miraflores Precise Plan for 2 Miraflores Lane, as amended to modify subsection 2 to read "An expanded secondary building envelope is approved for landscape improvements, a garden room, stairs, bathroom, fencing and decks. An office, guest room or secondary dwelling unit is not permitted within this envelope." Motion carried: 3- 0. 2. 1651 TIBURON BOULEVARD: REVIEW OF CONDITIONAL USE PERMIT GRANTED TO EXPAND THE FRONT OUTDOOR SEATING AREA AND ALLOW ACOUSTIC INDOOR/OUTDOOR MUSIC FOR THE TIBURON TAVERN RESTAURANT, AND MODIFY THE VEHICULAR CIRCULATION PATTERN FOR THE LODGE AT TIBURON; FILE #11203; Tiburon Hotel, LLC, Owner; Adam Hollander, Applicant; Assessor Parcel No. 058 - 171 -87 Planning Manager Watrous said that a six month review was required for the expansion for the outdoor seating area by the CUP and the Planning Commission conducted the review in February 2013. The only concern that came up at that time was one incident where there was amplified music and in the year since then, there was one more incident. He stated that the general manager of the Tiburon Lodge was present and had been very cooperative regarding this incident and made good efforts to try and limit this. Staff believed that enforcement can be handled on a complaint- driven basis but reserved the right to refer additional complaints to the Commission if needed. Commissioner Corcoran stated that he and his wife walked by the establishment 4 -5 months ago and observed amplified music outside which was minor. He thought that someone had taken an amplifier and moved it from the inside to outside and pointed it outwards. TIBURON PLANNING COMMISSION MINUTES - FEBRUARY 12, 2014 MINUTES NO. 1040 PAGE 3 Sietse Nabben, general manager of the Tiburon Lodge, introduced himself and said that he was available to answer questions. Chair Weller asked if there were house rules posted that inform entertainers that the right to perform there does not include amplification. Mr. Nabben replied that they do not have a standard operating procedure in place for this, and they tell musicians that come in that they cannot have amplified music outside as it is not part of their permit. He stated that when a violation occurs, they address it right away. Chair Weller asked Mr. Nabben to ensure that all entertainers are aware of the rules and abide by them. Chair Weller opened the public hearing. There were no public speakers, and Chair Weller closed the public hearing. Commissioner Kulik said the only concern he had had been addressed. He concurred with the staff report conclusion that continued efforts be made to ensure entertainers know the rules and that the Town reserves the right to bring this back to the Commission if it becomes a problem. He believed that this was exactly what the Town wants in terms of activity in the downtown to help create a vibrant street scene. Commissioner Corcoran thought that it was significant that there have not been complaints from neighbors. He said that, on balance, the Tavern is doing a great thing in providing vibrancy in the downtown and is a great addition to the town. He said that there were probably just a handful of incidents with amplified music accidentally being projected outdoors and fortunately not disturbing too many people. He did not see the need for additional reviews at this point, but noted that the Town retains the right to hold an additional hearing if that becomes necessary. On balance, he believed that the Tavern has operated in substantial compliance with the CUP. Chair Weller said that this review was basically scheduled as a result of the concern over the music that followed the last review, but there is no mandatory future review unless the Commission chooses to impose one. He agreed that the use was in substantial compliance with the CUP. ACTION: It was M/S /C (Corcoran/Kulik) to find that the Tiburon Tavem is operating in substantial compliance with the conditional use permit. Motion carried: 3 -0. OLD BUSINESS 3. REFERRAL FROM TOWN COUNCIL REGARDING POSSIBLE AMENDMENTS TO TITLE IV, CHAPTER 16 (ZONING) OF THE TIBURON MUNICIPAL CODE NOT PREVIOUSLY CONSIDERED BY THE PLANNING COMMISSION; FILE MCA 2013 -03 On February 5, 2014, the Town Council held a public hearing on the proposed text amendments. The Town Council indicated its intent to adopt the amendments, with a modification to the Planning Commission- recommended text that would include an additional finding for approving an exception for street - fronting ground floor office use in portions of Downtown. Although the TIBURON PLANNING COMMISSION MINUTES - FEBRUARY 12, 2014 MINUTES NO. 1040 PAGE 4 modification is minor and the Planning Commission had already considered modifications to this section, in an abundance of caution the proposed additional finding was referred to the Planning Commission for its report and recommendation. On February 5, 2014, the Town Council indicated its desire that Section 16- 22.040 (B[2]) be amended to add a finding and to read as follows (modified text underlined): 2. Exception for street - fronting ground floor office use in the VC zone and 1690 through 1698 Tiburon Boulevard. An exception may be granted to allow street - fronting ground floor office use otherwise prohibited by Section 16- 22.030 (Commercial Zones Allowable Land Uses and Permit Requirements), provided that the following finding (a) below is made and one or more of the following findings (b ) and (c) is made by the Review Authority: a. The use is otherwise consistent with General Plan and Zoning Ordinance provisions and the findings can be made for approval of a conditional use permit for the use. b. The space proposed for the office use is not physically suitable for retail, restaurant, or personal service use. C. The applicant has provided substantial and compelling evidence that retail, restaurant, or personal service use is not economically viable in the proposed location. The modification, if adopted, would better ensure that a future ground floor office use is not proposed in an inappropriate location based on general plan and zoning conformance, regardless of whether it could qualify for an "exception" for ground floor office use. Chair Weller opened the public hearing. There were no public speakers, and Chair Weller closed the public hearing. ACTION: It was M/S /C (Kulik/Corcoran) to forward a recommendation to the Town Council supporting the modification as proposed by the Town Council. Motion carried: 3 -0. MINUTES: 3. PLANNING COMMISSION MINUTES — Regular Meeting of December 11, 2013 Commissioner Kulik requested the following correction: • Page 5, 4t' line of the first paragraph: "They could add on to their homes." ACTION: It was M/S (Corcoran/Kulik) to approve the minutes of the December 11, 2013 meeting, as amended. Motion carried: 3 -0. TIBURON PLANNING COMMISSION MINUTES - FEBRUARY 12. 2014 MINUTES NO. 1040 PAGE 5 ADJOURNMENT: The Planning Commission adjourned the meeting at 8:05 p.m. LOU WELLER TIBURON PLANNING COMMISSION ATTEST: SCOTT ANDERSON, SECRETARY TIBURON PLANNING COMMISSION MINUTES - FEBRUARY 12, 2014 MINUTES NO. 1040 PAGE 6 DO IAGES�'70 MINUTES #3 TIBURON DESIGN REVEW BOARD MEETING OF FEBRUARY 20, 2014 The meeting was opened at 7:00 p.m. by Chair Chong. A. ROLL CALL Present: Chair Chong; Vice Chair Cousins. Boardmembers Emberson, Kricensky and Tollini Absent: None Ex- Officio: Planning Manager Watrous and Assistant Planner O'Malley B. ORAL COMMUNICATIONS - None C. STAFF BRIEFING - None D. PUBLIC HEARINGS AND NEW BUSINESS 96 REED RANCH ROAD: File No. 21332; Anton Traub and Marcelle Cedars, Owner; Site Plan and Architectural Review for construction of additions to an existing single - family dwelling, with a Variance for reduced side yard setback. The project would add a new bathroom and skylight to the upper level of the home. The project would increase the floor area of the house by 54 square feet to a total of 3,447 square feet, which is less than the floor area ratio for this lot. The addition would extend to within 11 feet, 8 inches of the side property line, which is less than the 15 foot minimum side yard setback required in the RO -2 zone. Assessor's Parcel No. 038 - 313 -12. The applicant is requesting Design Review approval for construction of additions to an existing single - family dwelling, with a Variance for reduced side yard setback, on property located at 96 Reed Ranch Road. The property is currently developed with a two -story single - family dwelling. The modification to the upper level would add 54 square feet of floor area, which would consist of a new bathroom with one new window on the side of the home. In addition, one new skylight would be added to the roof. No additional floor area would be added to the lower level of the home, but there would be minor modifications to the existing windows on all sides of the home and the existing deck would be expanded into three new decks in the rear of the home. The proposal would result in no change to the lot coverage of 2,626 square feet (12.8 %), which currently is below the maximum permitted lot coverage in the RO -2 zone (15 %). The proposal would result in a gross floor area of 3,447 square feet, which is below the maximum permitted gross floor area ratio for the property (4,039 square feet). The existing legal non - conforming single - family house currently is situated at an angle with a setback that ranges from 10 feet to 11 feet, 8 inches from the side property line on the left side of TIBURON D.R.B. MINUTES #3 2/20/2014 the property. The proposed addition would be within the same footprint as the existing house and would be located 11 feet, 8 inches from the side property line. As the minimum side yard setback in RO -2 zone is 15 feet, the applicant has requested a variance for reduced side yard setback. Mark Donahue, architect, stated that they propose to add a bathroom to a second story of an existing home. He explained that the central issue was that the house is situated within the old County- approved 10 foot side yard setback, which created a problem with the current Town 15 foot setback. He said that the area of the addition would encroach into the new setback. He said that they are trying to stay within the existing footprint of the building and to add minimum floor area to the second story in a way that would preserved the two -story space below in the family room. Boardmember Tollini referred to the two story section and asked why the addition would be pushed to the outside as opposed to bringing it in. Mr. Donahue referred to the building section drawing and said that they wanted to use the existing structure that could align the plumbing on the exterior wall and noted that the roof rises up on that side. The public hearing was opened. Tom Reimer said he lives across the street and has no objection to the project. He welcomed the addition and said that it would add to the value of the property and neighborhood. Judith Klausenstock said that they have lived in their home for 40 years and had no objection to the proposal. She said that Mr. Traub was upgrading everything in the house and doing a good job. Chair Chong asked if Mr. Traub could provide anything that might relate to the findings needed for the requested variance. Anton Traub, owner, said that there was no other place to put the addition, adding that if the addition was moved into their living space it would obstruct the ceiling structure and it would infringe into their dining space next to the kitchen, and look like a true add -on. He said that the way it was proposed would have a minimal visual impact. He said that there is only one bathroom on the second floor and it becomes difficult when they have guests or relatives over. The public hearing was closed. Boardmember Kricensky said the project was fairly modest and the variance request was the only issue. He agreed with the applicant and architect that this is the place for a bathroom and to move it would change the interior of the room below. He noted the changes in setbacks over time and disagreed with the staff report that the addition would change the mass of the house, as he thought that the addition request was modest. Boardmember Tollini agreed that the only issue was the setback issue. He said that he was sympathetic to the request given the valid reasons stated by the owner. He said that the historical setbacks for the house oriented the building footprint in an unusual way and although he hoped TIBURON D.R.B. MINUTES #3 2/20/2014 that there were other locations for the addition, situating it over the outer wall was sensible. He also believed that it was a hardship to have only one bathroom servicing four bedrooms. Boardmember Emberson said that she could make the finding for special circumstances because the Town has imposed a setback that was not there when the house was built, and now the Town has imposed this zoning on a house that is already there. She thought that the practical difficulty as stated by the architect was taking out the cathedral ceiling. She supported the request and found it to be modest and sensible. Vice Chair Cousins agreed with his fellow Boardmembers. Chair Chong agreed and said that not having an additional bathroom for this number of bedrooms is a hardship and that from a structural and design element, this was the logical place to put it. ACTION: It was M/S (Emberson/Tollini) to determine that the project is exempt from the provisions of the California Environmental Quality Act and to approve the request, subject to the attached conditions of approval. Vote: 4 -0. 2. 34 NOCHE VISTA LANE: File No. 713136; John Ferguson, Owner; Site Plan and Architectural Review for construction of additions to an existing single - family dwelling. The project would add a new powder room and expand the kitchen and an existing deck on the upper level, add new library sitting area on the middle level and a new bathroom and sitting area on the lower level. The project would increase the floor area of the house by 539 square feet to a total of 3,647 square feet and increase the lot coverage on the site to 2,100 square feet (12.0 %). Assessor's Parcel No. 039 - 070 -06. The applicant is requesting Design Review approval to construct additions to an existing single - family dwelling on property located at 34 Noche Vista Lane. The property is currently developed with a single - family dwelling. As part of an interior remodel and addition to the existing home, the proposal would add a new powder room and expand the kitchen on the upper level, add new library sitting area on the middle level and a new bathroom and sitting area on the lower level. Other proposed additions would expand the existing deck on the upper level on the east side and expand the existing terrace with a new wood railing on the lower level on the south side. One new skylight on the roof above the new expanded kitchen would be added to the six existing skylights on the roof. The proposal would result in a floor area of 3,647 square feet, which is below the maximum floor area guideline for the property (3,750 square feet). The proposal would result in lot coverage of 2,100 square feet (12.0 %), which is below the maximum 15% permitted in the RO -2 zone. Michael Heckmann, architect, described the project and stated that they would be adding floor area to each of the three levels of the house. He said that all additions would be in the same character as the original building with the exception of the two lowest levels. He described their discussions with their neighbors. He said that the neighbor to the east at 130 Hacienda Drive had TIBURON D.R.B. MINUTES #3 2/20/2014 no objection to the plan. He said that the neighbors at 30 Noche Vista Lane were interested in providing privacy between their house and the new window proposed at the end of the middle level, so they proposed to plant two new olive trees similar to those already in the yard. He believed that with those two trees in place as well as the placement and location on the hill relative to the window that this would be a good solution. He noted a letter from the neighbor at 17 Noche Vista Lane regarding parking, but stated that the property has quite a long driveway and a sizeable entry car court, so there will be plenty of staging area for him to be able to deal with construction traffic. The public hearing was opened. Kevin Mostyn stated that he wrote a letter and had no objections to the construction but wondered if this was the correct forum to raise the issue of construction parking. Chair Chong said that construction is not under the Board's purview, as it is something addressed by the Town's Building Division. Mr. Watrous stated that parking can be addressed after the owner /applicant has submitted for the building permit. Orestes Marculis reiterated the issue with the window northwest of the construction, which would face his living room and kitchen. He said that as long as the two trees are planted and maintained, they should provide privacy. The public hearing was closed. Boardmember Emberson said she supported the request and agreed that Noche Vista Lane is very tight. She said that the neighbors' concerns have been addressed by planting two trees, and she suggested identifying the proper size of trees. She liked the design and how it was an infill project without getting too big. Boardmember Tollini said that his only concern was that olive trees are not fast - growing. He suggested adding a condition of approval specifying 15 gallon, 24 inch box or another size, which would be reasonable to provide privacy. Boardmember Kricensky and Vice Chair Cousins supported the project and agreed with comments on tree specimen and size. Chair Chong agreed that the olive trees are not necessarily fast - growing or bushy, and he suggested going larger on the specimen's size. Planning Manager Watrous suggested a 24 inch or 36 inch box olive tree, and he confirmed that staff checks the planting specification during the final inspection. The public hearing was closed. ACTION: It was WS (Kricensky/Emberson) to determine that the project is exempt from the provisions of the California Environmental Quality Act and to approve the request, subject to the attached conditions of approval, with an additional condition to state that two, 24 inch box Olive trees be planted as shown on the revised plans dated February 19, 2014. Vote: 4 -0. TIBURON D.R.B. MINUTES #3 2/20/2014 3. 168 ANTONETTE DRIVE: File No. 713138; Julie and Englebert Bangayan, Owners; Site Plan and Architectural Review for construction of a new single - family dwelling. The first floor of the house would include a living room, dining room, kitchen, and office /guest bedroom, one bathroom, powder room, laundry room and a room for an indoor pool. The second floor would include a master bedroom suite along with three bedrooms and three bathrooms. A two -car garage would be attached to the first floor. The proposal would result in lot coverage of 5,427 square feet (6.0 %) and a gross floor area of 6,000 square feet with a 739 square foot garage. Assessor's Parcel No. 038 - 111 -16. The applicant is requesting to construct a new single - family dwelling on a currently vacant lot. The lot is one of two newly created lots approved under the Parente Vista Precise Development Plan. The first floor of the house would include a living room, dining room, kitchen, and office /guest bedroom, one bathroom, powder room, laundry room and a room for an indoor pool. The second floor would include a master bedroom suite along with three bedrooms and three bathrooms. A two -car garage would be attached to the first floor. Several trees would be removed and a series of retaining walls would create terraces below the house. The proposal would result in lot coverage of 5,427 square feet (6.0 %). The proposal would result in a gross floor area of 6,000 square feet with a 739 square foot garage, which would be consistent with the limitations of the Parente Vista Precise Development Plan. David Holscher, architect, said that this 90,000 square foot lot has a very small primary building envelope. He stated that the location of the roadway was approved three years ago and during that process, a headlight study was conducted and the location was set. He said that it is relatively steep to get to the second lot above. He noted that there was correspondence on whether another road could potentially be located on the site which he understood was impossible without a Precise Development Plan amendment, which his client does not want. Planning Manager Watrous clarified that the location of the roadway was approved as part of the Parente Vista Precise Development Plan and is not subject to change. He said that this is part of the private roadway that would serve both properties. Mr. Holscher described his discussion with neighboring property owners regarding privacy and screening issues and construction impacts. He explained how the driveway would be dug down into the hill. He stated that his clients really wanted a farm -style house which includes roofing that must be articulated. He said that they worked hard to break up the building massing. He said that the zinc roof would not reflect and would be quite beautiful. He referred to the landscape plan and said it is broken down in 3-4 phases, with a line of olive trees wrapping around in front of the vegetable garden. In response to questions from the Board, Mr. Holscher noted that the lot above is significantly further up and more towards the left side and he explained the relationship between the lot and adjacent neighbors' properties. The public hearing was opened. TIBURON D.R.B. MINUTES 43 2/20/2014 Sam Dibble stated that his primary concern was the roadway and its impact. He questioned the alignment of the roadway and felt that headlights would shine directly into his main living room and bedroom the way the driveway goes up and sweeps to the west. Vice Chair Cousins reminded Mr. Dibble that the roadway was approved as part of the Precise Development Plan, which includes a requirement for screening and landscaping at that curve specifically for screening headlights. Mr. Dibble felt that the roadway should be revisited, as there has been quite a bit of vegetation removal over the last three years. He said that the neighbors at 4885 Paradise Drive just completed a major two -year remodeling project and used this lot for truck access during the construction process. He stated that the adjacent properties have a separate road agreement with economic incentives and maintenance and use restrictions that could be significantly undermined if there is any kind of connection across the subject property. James Demmert said that he lives next door and down the hill from Mr. Dibble. He was concerned that they have seen many contractors going up and down his hill when they should have been going up and down Antonette Drive and he was concerned with construction traffic for this project using their private road. He was also concerned about the amount of noise from the new roadway. Mr. Holscher stated that all construction vehicles would use Antonette Drive and it made no sense to use the other road. He thought that they could have a discussion regarding screening of headlights after the roadway is in place, but he said that according to the study, headlights would go up and over the house. He said that they are happy to discuss screening if this is not the case. Mr. Watrous noted that during the environmental impact report process for this process, the concern for lights had more to do with the house at 4885 Paradise Drive, which was considered to be the most potentially impacted. He added that there will be a series of retaining walls at the bend of the roadway which would also mitigate some of the headlights. Phoebe Holscher, architect, reiterated that when they began working with the client, they were given the specific roadway alignment and a very specific building envelope, as well as a specific height limitation and maximum floor area. She said that they held to this and while they were not crazy about the way the road intersected the site, this is what they had to work with. Boardmember Cousins noted that any planting would be significantly below the level of the road. Mr. Watrous said that procedurally, before the house can actually be built, one of the responsibilities is that subdivision improvements are done for the two lots governed by the Precise Development Plan, including constructing the road and landslide repairs. He said that the improvement plans include design of the retaining walls and landscaping around that bend of the roadway to address any headlight issue which was called out as a mitigation measure in the EIR for the project. The public hearing was closed. TIBURON D.R.B. MINUTES #3 2/20/2014 Boardmember Emberson asked why the neighbors did not seem to know anything about the Precise Development Plan. Mr. Watrous said it was a 10 -year process that started it in 1999 and went through many public hearings, several different owners and many iterations, during which staff sent out many notices before it was eventually approved by the Town Council in 2010. Chair Chong confirmed there were specific areas called out in the Precise Development Plan that are required to be landscaped and that specifically address headlight issues. Mr. Watrous added that the Board has the ability to request additional landscaping in those areas. Boardmember Tollini said that he really liked the house design and said that although it would be a pretty vertical it will not look that big and would look fine from the street. He noted that the Precise Development Plan stipulated the road location and he gathered that the road needs to have this alignment because it needs to make up so much elevation in order for a fire truck to make it up the hill. He said that he would support some additional landscaping or look at the potential need for screening, possibly in the terraces along the roadway. He suggested planting something that will grow to 9 or 10 feet tall and 4 to 5 feet above the top rail which would obscure or totally block headlights. Mr. Holscher noted that the Precise Development Plan shows landscaping for this area of the roadway. Boardmember Tollini said there are other mitigating factors, including a lot of vegetation there and on the other side of this property. He added that Mr. Dibble's house is at least 200 to 300 feet away. Boardmember Tollini appreciated that halogen headlights are bright, but he thought that they would be pointing up above the neighbors' home, but if they do not and do shine in that direction, he would be open to revisiting this and planting something in the terraces. Boardmember Tollini noted that the owner at 4885 Paradise Drive has been using the property as their own personal driveway. Mr. Watrous stated that there is nothing in the Precise Development Plan that allows use of the roadway for access to other properties and the Town has issued a stop work order for unauthorized use of that. He stated the Precise Development Plan would have to be amended to allow such access, at which point all neighbors would be notified as well as hearings before the Planning Commission and the Council. Boardmember Kricensky said after visiting the site he understood the roadway location. He thought that given all constraints this was a good house design. He said that headlights would be easy to mitigate, possibly by the guardrail, and he felt that something planted in the foreground would be better than planting beyond the retaining walls. Boardmember Emberson noted that there are only going to be two houses, with not that many trips in and out at night. She noted that the roadway location has already been decided and the Board does not have much to say other than mitigating headlights, which she personally did not believe would have an impact. She loved the barn design and felt that it was appropriate for this lot. She agreed that some additional landscaping could be planted for dealing with the headlights. TIBURON D.R.B. MINUTES #3 2/20/2014 Vice Chair Cousins said that all the other houses that can be seen from this lot have the appearance of being two stories or more. He liked the roof material and said that there is no information about the screening along the roadway. Chair Chong thought that this was a great design and he too liked the barn style of the house, particularly given the site constraints. He said that he was not concerned that another driveway would be a cut through to the roadway at a later date. He was concerned about headlights, especially when vehicles first leave Antonette Drive. He said that there would be some vegetation there, but some might be removed or can die, and he suggested a condition requiring that headlights should be blocked for a line of sight from 4 feet above road grade to the top of the house. Boardmember Emberson stated that the EIR covered this specifically because it was a concern of the neighbors. Mr. Watrous noted that the EIR did not specify the height but did specify location of enhanced landscaping. He suggested a condition that states "staff shall review landscaping along the private roadway to provide enhanced headlight screening for the homes at 4883 & 4881 Paradise Drive and shall require planting of additional landscaping if necessary." Boardmember Emberson said she talked with the workers at 4885 Paradise Drive and they confirmed that they had used that road in the past but now there are story poles that they could not drive through to Antonette Drive. Boardmember Tollini noted that the headlight issue was only with 4883 Paradise Drive, as Mr. Demmert had not specified a concern about headlights. ACTION: It was WS (Emberson/Tollini) to determine that the project is exempt from the provisions of the California Environmental Quality Act and to approve the request, subject to the attached conditions of approval, with the additional condition that states, "staff shall review landscaping along the private roadway to provide enhanced headlight screening for the home at 4883 Paradise Drive and shall require planting of additional landscaping if necessary." Vote: 4 -0. 4. 203 TAYLOR ROAD: File No. 714004; Paolo and Teresa Patrone, Owners; Site Plan and Architectural Review for construction of additions to an existing single - family dwelling, with a secondary dwelling unit. The project would convert an existing living room and dining room into a new secondary dwelling unit, with the dining room converted into a bedroom and a new kitchen and bathroom added to the side of the building. A new bedroom would be added to the front of the house at the entry level and another bedroom added at the upper level. A new interior stairway would be added to the southwestern side of the house. Three new skylights would be installed above the new secondary dwelling unit and one skylight would be installed above the new upper level bedroom. The project would result in lot coverage of 4,000 square feet (11.2 %) and increase the floor area by 961 square feet to 5,522 square feet. Assessor's Parcel No. 038 - 422 -05. The applicant is requesting Design Review approval for the construction of additions to an existing two -story single - family dwelling on property located at 203 Taylor Road. At the entry level of the house, an existing living room and dining room would be converted into a new secondary dwelling unit, with the dining room converted into a bedroom and a new kitchen and bathroom added to the side of the building. A new bedroom would be added to the front of the TIBURON D.R.B. MINUTES #3 2/20/2014 house at the entry level and another bedroom added at the upper level. A new interior stairway would be added to the southwestern side of the house. Three new skylights would be installed above the new secondary dwelling unit and one skylight would be installed above the new upper level bedroom. The proposal would result in lot coverage of 4,000 square feet (11.2 %). The proposal would increase the floor area by 961 square feet to 5,522 square feet, which is 20 square feet less than the floor area ratio for a lot of this size. Evan Cross, architect, said Mr. Patron built this home 23 years ago and he and his wife, Teresa thought that providing a second unit would be a perfect solution for their family needs. Mr. Cross described the location of the second unit and how it would use parts of the existing house and an addition to create the required unit. He noted that the staff report raised issues with the compatibility of architectural style and exterior finish. He said that, respectfully, what he tried to do was precise and intentional and he thought that staff s interpretation takes concerns over "harmonious" design to a level of identical matching. He distributed documents to the Board in addressing the design and stated that the existing house has somewhat of a monotone design that is Mediterranean and very consistent in color. He wanted to add to the architectural vocabulary of the home and make it more dynamic and actually modernize the home a bit. He stated that there is a house around the corner and down the hill which has a similar addition to it and adjacent to a stucco home. He presented illustrations of architectural juxtaposition that he found interesting, including additions to the Louvre and Guggenheim Museums where two different parts create a much more interesting whole and each looks good next to each other. He said that this is what they hoped to accomplish with this design. He said that the neighbors have weighed in at many meetings with the owner and say that it would not impact their views and are fine with it. In summary, Mr. Cross said that this would be a second unit for a changing, dynamic family and an architectural attempt to add to and enrich the architecture of this particular home. Paolo Petrone, owner, said that he reached out to all neighbors. He said that the owner at 206 Taylor Road said he would like to see a sloped roof on the stairway and Mr. Petrone said that they would accommodate this request. Chair Chong asked if there were any other material options he considered. Mr. Cross said that they used the example of the stairwell at Hotel Healdsburg, but they did not consider using the same stucco which they felt was more of the same and led with their best idea. There were no public comments. Vice Chair Cousins said that he had some sympathy for the design intent for something contrasting with what is there. His concern with the design for this house is its proximity to the Ring Mountain access and the fact that it will be an all -glass element which will be fine during the day but like a beacon at night when lit. His biggest problem was with the extent of the glass and he suggested hearing Boardmember comments, but thought that in terms of massing and scale the project was perfectly fine. TIBURON D.R.B. MINUTES #3 2/20/2014 Boardmember Kricensky thought that the architect might have hurt himself by handing out the photos of the examples. He said that the Hotel Healdsburg is very geometrical in shape and some of the same materials are reflected in the window frames as in the stairwells, where the museums were essentially pieces of art with another building as a backdrop, so they work in complimentary terms even though they are quite different in their forms. He felt that there was little to no relationship of the additions to the existing architecture of the house and would create a drastic break, with nothing harmonious and too far in contrast. Boardmember Tollini said that he whole - heartedly agreed with Boardmember Kricensky. He did not see this as being complementary of the existing home. He was not sure how to complement a Mediterranean design because it is not flexible. He said that while he liked the design of the addition, much like he likes the design of the Hotel Healdsburg as a whole, it did not work well with this particular home. He noted also that the homes on upper Taylor Road are very conservatively designed, and while they are not all Mediterranean, most are stucco and those that are not have pitched roofs and are similar. He said that while he liked the design, enjoys modern architecture, and appreciated the goal of the project, he felt that this was too drastic of a departure from not only the house but also the neighborhood. He said that the addition would be a stark contrast to the front of the house and very visible from the street and he could not support the project. Boardmember Emberson concurred with the statements articulated by her fellow Boardmembers and said that they echo her feelings about the project. Chair Chong said that he is a proponent of modern architecture and felt that, in itself, the design of the addition was nice and would go well with a modem, clean lined building. However, the stark contrast of the addition to the existing home was a struggle for him. He thought that the differences might not be as pronounced as in the drawings, but he agreed with the conclusions of his fellow Boardmembers. He said that the addition was not harmonious with the surrounding neighborhood. He suggested a continuance to return with something that harmonizes more with the existing structure. Boardmember Tollini agreed and added that he would personally want to see some steps taken to enhance privacy. He thought that the whole point of the standard for the secondary dwelling unit is that density is increased with more people living in a building and therefore the amount of lights going on and off within a house would increase. He would like to see something done in terms of screening or being more strategic about windows to address privacy. Chair Chong asked for the applicant's approval for continuance to revise the drawings based on the discussion. Mr. Cross asked if it was possible for the Board to approve the second unit and to return with revisions elevations. Chair Chong noted that there were enough changes that would need to happen to the exterior that the Board would want to see what this would look like and the Board cannot approve it piecemeal. Mr. Petrone asked to provide specific direction on potential changes to the design. Boardmember Emberson said that she loves wood but Mediterranean houses have a lot of articulation, masses forward and back and clay tile roofing. Boardmember Tollini said that he did not know how to TIBURON D.R.B. MINUTES #3 10 2/20/2014 modify the design and do something interesting. Chair Chong said that the Board was not saying that the addition must look identical to the main house, noting that the Board has approved projects with mixed materials, but the design was a stark enough contrast that it needed to be revised. Mr. Watrous suggested that the addition be closer to the forms of the building that did not necessarily have so much glass but something more that fits the house a bit better, with lines that match each other, material that matches or compliments, that would be more consistent with the house without necessarily matching the house. Boardmember Tollini encouraged the applicant to work with staff. ACTION: It was WS (Cousins/Kricensky) to continue the project to the March 20, 2014 Design Review Board meeting, with direction to redesign the exterior appearance of the proposed additions. Vote: 4 -0. E. APPROVAL OF MINUTES #1 OF THE FEBRUARY 6, 2014 DESIGN REVIEW BOARD MEETING Boardmember Emberson requested the following revisions: • Page 2, third paragraph, revise the following: "Tracy Turner, owner, spoke of her love of the neighborhood and her family's desire to stay. She said she believed that the existing house is inappropriate in style, and is an eyesore for the neighborhood." • Page 4, third paragraph, last sentence: "He noted that the exception findings are not nearly difficult to make." • Page 4, fourth paragraph, second to the last sentence: "He said that would consider..." • Page 6, last paragraph, last sentence: "He said that their solution was to turn use the existing garage into a family room." Boardmember Kricensky requested the following revision: • Page 7; ` Boardmember Kricensky and thought that the design..." ACTION: It was M/S (Emberson/Tollini) to approve the Minutes of February 6, 2014, as amended. Vote: 3 -0 -1 (Chong abstained). F. ADJOURNMENT The meeting was adjourned at 8:40 p.m. TIBURON D.R.B. MINUTES #3 11 2/20/2014 I *'r 8 TOWN OF TIBURON Action Minutes - Regular Meeting Tiburon Town Hall Design Review Board 1505 Tiburon Boulevard March 6, 2014 Tiburon, CA 94920 7:00 P.M. ACTION MINUTES #4 UNNIFUTOR"D 4,1101" ilk ISM IWAA 0,107.11 01 CALL TO ORDER AND ROLL CALL At 7:00 PM Present: Chair Chong, Vice Chair Cousins, Boardmembers Emberson, Tollini and Kricensky Absent: None Ex- Officio: Planning Manager Watrous, Assistant Planner O'Malley, and Minutes Clerk Harper ORAL COMMUNICATIONS None STAFF BRIEFING (if any) None OLD BUSINESS 1. 3 PALMER COURT: File No. 713109; Tracey Turner, Owner; Site Plan and Architectural Review for construction of a new single - family dwelling, with a Floor Area Exception. The project would demolish more than 50% of the existing single -family dwelling and add three bedrooms and two bathrooms to the upper level, add a new family room, play room and library to the main level and create a new basement level. The project would increase the floor area of the house to a calculated total of 3,708 square feet, which is greater than the 3,487 floor area ratio for this lot. Assessor's Parcel No. 055- 201 -01. Approved 3- 1- 1(Emberson recused, Cousins opposed) PUBLIC HEARINGS AND NEW BUSINESS 2. 90 RED HILL CIRCLE: File No. 21401; Jincheng Li and Yiping Me, Owners; Site Plan and Architectural Review for construction of additions to an existing single - family dwelling, with Variances for reduced side yard setbacks and excess lot coverage and a Floor Area Exception. The project would convert an existing crawl space on the lower level into a new family room, bathroom and storage, and extend decks on the lower and upper levels of the house. The project would increase the floor area of the house by 700 square feet to a total of 3,092 square feet, which is greater than the 1,401 square foot floor area ratio for a lot of this size. The additions would extend up to both side property lines, while an 8 foot side yard setback is required in the R -3 zone. The lot coverage would increase to 45.2% of the site, which is greater than the 30.0% maximum lot coverage permitted in the R- 3 zone. Assessor's Parcel No. 058- 212 -27. Approved 5 -0 Design Review Board Action Minutes March 6, 2014 Page 1 1762 VISTAZO WEST STREET: File No. 21402; Alfred and Michelle Zedlitz, Owners; Site Plan and Architectural Review for construction of additions to an existing two - family dwelling to convert the building into a single - family dwelling, with Variances for reduced front yard setback and excess building height. The project would convert an existing three - level, two -unit condominium project into a single - family dwelling, with additions to the floor area and decks and a new garage. The project would decrease the floor area of the house by 67 square feet to a total of 4,347 square feet and increase the lot coverage to 3,102 square feet (34.2 %), which is less than the 35.0% maximum lot coverage in the R -2 zone. The additions would extend up to the front property line, which is less than the 15 foot front yard setback required in the R -2 zone, and would have a maximum height of 37 feet, 2 inches, which is taller than the 30 foot maximum building height in the R -2 zone. Assessor's Parcel No. 059- 370 -05. Approved 5-0 Iu11`liyYDly 4. Regular Meeting of February 20, 2014 Approved as amended 5 -0 ADJOURNMENT At 8:10 PM Design Review Board March 6, 2014 Page 2 DIGEST47 TOWN OF TIBURON Action Minutes - Regular Meeting Tiburon Town Hall Tiburon Planning Commission 1505 Tiburon Boulevard March 12, 2014 – 7:30 PM Tiburon, CA 94920 ACTION MINUTES TIBURON PLANNING COMMISSION CALL TO ORDER AND ROLL CALL At 7:30 PM Present: Chair Weller, Commissioner Corcoran, Commissioner Kulik Absent: Vice Chair Welner ORAL COMMUNICATIONS There Were None 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. COMMISSION AND STAFF BRIEFING Commission and Committee Reports Director's Report 1711: ncel:Iwa-11�CtL`1 1. 1 BLACKFIELD DRIVE, SUITE K: SIX -MONTH REVIEW OF A CONDITIONAL USE PERMIT GRANTED TO OPERATE AND EXPAND A GROCERY STORE; FILE #11206; The Cove Shopping Center, Inc., Owner; Paradise Foods, Applicant; Assessor's Parcel No. 034- 212 -18 [DW] Found In Substantial Compliance 3 -0 2. 2344/2346 MAR EAST STREET: TIME EXTENSION FOR AN APPROVED CONDITIONAL USE PERMIT TO CONVERT AN EXISTING DUPLEX INTO TWO CONDOMINIUM UNITS; FILE #11301; Bruce Thompson, Angelina Umanski, Lawrence Bradford, Owners; Assessor's Parcel Number 059 - 195 -11 [DW] Continued to March 26.2014 3 -0 Tiburon Planning Commission Action Minutes March 12, 2014 Page 1 NEW BUSINESS CONSIDER RECOMMENDATION TO TOWN COUNCIL TO ACCEPT THE ANNUAL GENERAL PLAN IMPLEMENTATION STATUS REPORT FOR CALENDAR YEAR 2013 [SA] Recommended Approval to Town Cound13 -0 MINUTES 4. PLANNING COMMISSION MINUTES — Regular Meeting of February 12, 2014 Approved as Amended 3 -0 ADJOURNMENT At 8:00 PM Tiburon Planning Commission Agenda March 12, 2014 Page 7 x031214 /D• REGULAR MEETING DIGEST BELVEDERE - TIBURON LIBRARY AGENCY Monday, March 17, 2014, 6:15pm Belvedere- Tiburon Library 1501 Tiburon Blvd., Tiburon, California CALL TO ORDER/ROLL CALL OPEN FORUM This is an opportunity for any citizen to briefly address the Board of Trustees on any matter that does not appear on this agenda. Upon being recognized by the Chair, 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 Board consideration may be agendized for further discussion at a later meeting. STAFF. BOARD AND COMMITTEE REPORTS 1. Chair's report - Ann Aylwin, BTLA Chair - (2 minutes) 2. Library Director's report — Deborah Mazzolini (10 minutes) 3. Belvedere- Tiburon Library Foundation report — Joan Don, President, BTLF (5 minutes) 4. Report on Financial Statement February 2014 (5 minutes) 5. Committee reports (5 minutes) CONSENT CALENDAR — 2 minutes The purpose of the Consent Calendar is to group items together which generally do not require discussion and which will probably be approved by one motion unless separate action is required on a particular item. Any member of the Agency may request removal of an item for discussion. 6. Approval of minutes of February 10, 2014 7. Approval of warrants dated February, 2014 TRUSTEE CONSIDERATIONS The purpose of Trustee Considerations is to list items for discussion and potential action. 8. Consideration of Creation of Ad Hoc Budget Committee 9. Consideration of Telephone System Proposal from MarinlT 10. Consideration of payment of California Public Employee Retirement System Side Fund COMMUNICATIONS & ANNOUNCEMENTS 11. Monthly calendar 12. Schedule of FY 2014 meeting dates 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; special assistance needed to attend or participate in this meeting. Please make your request at the office of the Administrative Assistant or by calling (415) 789 -2660. Whenever possible, please make your request three days in advance. Page 1 of 1 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 TIBURON DESIGN REVIEW BOARD CALL TO ORDER AND ROLL CALL DIGEST // Regular Meeting Design Review Board March 20, 2014 7:00 P.M. Chair Chong, Vice Chair Cousins, Boardmembers Emberson, 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) OLD BUSINESS 1. 203 TAYLOR ROAD: File No. 714004; Paolo and Teresa Petrone, Owners; Site Plan and Architectural Review for construction of additions to an existing single - family dwelling, with a secondary dwelling unit. The project would convert an existing living room and dining room into a new secondary dwelling unit, with the dining room converted into a bedroom and a new kitchen and bathroom added to the side of the building. A new bedroom would be added to the front of the house at the entry level and another bedroom added at the upper level. A new interior stairway would be added to the southwestern side of the house. Three new skylights would be installed above the new secondary dwelling unit and one skylight would be installed above the new upper level bedroom. The project would result in lot coverage of 4,000 square feet (11.2 %) and increase the floor area by 961 square feet to 5,522 square feet. Assessor's Parcel No. 038 - 422 -05. [DW] PUBLIC HEARINGS AND NEW BUSINESS 2. 96 MT. TIBURON COURT: File No. 714006; Farrokh and Susan Hosseinyoon, Owners; Site Plan and Architectural Review for construction of a new single - family dwelling. The proposed three -level building would include a main level with a living room, dining room, kitchen, breakfast nook, family room, two powder rooms, and a master bedroom suite; an upper level with three bedrooms, and three bathrooms; a lower level with a mud room, guest room, a bathroom, game room, and a garage; and a basement with a bathroom and an extra room. The proposal would result in lot coverage of 5,620 square feet (12.8 %) and a gross floor area of 6,284 square feet. Assessor's Parcel No. 058- 261 -19. [KO] CONTINUED TO APRIL 3, 2014 Design Review Board March 20, 2014 Page 1 MINUTES Regular Meeting of March 6, 2014 ADJOURNMENT Desi ,-n Review Board March 20, 2014 Page 2 DIGEST is TOWN OF TIBURON Agenda - Regular Meeting Tiburon Town Hall Tiburon Planning Commission 1505 Tiburon Boulevard March 26, 2014 — 7:30 PM Tiburon, CA 94920 AGENDA TIBURON PLANNING COMMISSION CALL TO ORDER AND ROLL CALL Chair Weller, Vice Chair Welner, Commissioner Corcoran, Commissioner Kulik 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. COMMISSION AND STAFF BRIEFING Commission and Committee Reports Director's Report NEW BUSINESS PRELIMINARY DRAFT HOUSING ELEMENT: ACCEPT PUBLIC COMMENT AND PROVIDE COMMISSION COMMENT AND RECOMMENDATIONS LSA] PUBLIC HEARING 2. CONSIDER RECOMMENDATION TO THE TOWN COUNCIL REGARDING AMENDMENTS TO THE TIBURON GENERAL PLAN, TIBURON ZONING MAP AND TEXT AMENDMENTS TO TITLE IV, CHAPTER 16 (ZONING) OF THE TIBURON MUNICIPAL CODE REGARDING AFFORDABLE HOUSING OVERLAY ZONING ON PROPERTIES AT 1599 AND 1600 TIBURON BOULEVARD AND 2 BEACH ROAD, AND RELATED MAPPING AND POLICY AMENDMENTS; Assessor Parcel Nos.. 058 - 171 -97, 059- 101-01 and 058 - 171 -86; MCA 2014 -01; GPA 2014 -01 [DWI Tiburon Planning Commission Agenda March 26, 2014 Page 1 MINUTES 3. PLANNING COMMISSION MINUTES —Regular Meeting of March 12, 2014 WIL3001Y Future Agenda Items a031214 Tiburon Planning Commission Agenda March 26, 2014 Page 2 13. NOTICE OF MEETING CANCELLATION The regular Town Council Meeting on March 19, 2014 has been cancelled. 0 THE NEXT REGULAR MEETING is scheduled for WEDNESDAY, April 2, 2014 in the Town Council Chambers located at 1505 Tiburon Boulevard, Tiburon CA 94920. s/ DIANE CRANE IACOPI, TOWN CLERK Posted at Town Hall cc: The Ark and Marin Independent Journal DIGIEST ASSOCIATION OF BAY AREA GOVERNMENTS Representing City and County Governments of the San Francisco Bay Area 0 ABAG AGENDA ABAG GENERAL ASSEMBLY BUSINESS MEETING Thursday, April 17, 2014,12:15 PM Oakland Marriott City Center 1001 Broadway Oakland. California The ABAG General Assembly may act on any item on this agenda. Agenda and attachments available at www.abag.ca.00v For information, contact Fred Castro, Clerk of the Board, at (510) 464 7913. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. CONFIRMATION OF QUORUM 3. PUBLIC COMMENT 4. APPROVAL OF GENERAL ASSEMBLY BUSINESS MEETING SUMMARY MINUTES OF APRIL 18, 2013 Action Attachment: Summary Minutes April 18, 2013 5. PRESIDENT'S REPORT Information 6. ADOPTION OF PROPOSED ANNUAL BUDGET AND WORK PLAN FOR FISCAL YEAR 2014 -2015, INCLUDING MEMBER DUES Action Attachments: Staff memo; Proposed Annual Budget and Work Plan 7. ANNOUNCEMENTS Agenda ABAG General Assembly Business Meeting April 17, 2014 2 8. ADJOURNMENT Submitted: Ezra Rapport, Secreta - r urer Date Submitted: March 7, 2014 Date Posted: March 7. 2014 Agenda SUMMARY MINUTES (DRAFT) ABAG General Assembly Business Meeting, April 18, 2013 98 Broadway — Pavilion, Jack London Square Oakland, California CALL TO ORDER The meeting was called to order by President Mark Luce, Supervisor, County of Napa, at 12:25 p.m. President Luce led members in the Pledge of Allegiance. 2. CONFIRMATION OF QUORUM Kenneth Moy, Legal Counsel, and Fred Castro, Clerk of the Board, reported that quorum was present. Countv Delegates and Alternates Present Jurisdiction Supervisor Eric Mar City and County of San Francisco Supervisor Richard Valle County of Alameda Supervisor Karen Mitchoff County of Contra Costa Supervisor Katie Rice County of Marin Supervisor Bill Dodd County of Napa Supervisor Warren Slocum County of San Mateo Supervisor Linda J. Seifert County of Solano Supervisor David Rabbitt County of Sonoma County Delegate Absent Jurisdiction Supervisor Mike Wasserman County of Santa Clara CitvlTown Delegates and Alternates Present Jurisdiction County of Alameda Councilmember Marilyn Ezzy Ashcroft City of Alameda Councilmember Susan Wengraf City of Berkeley Councilmember David Haubert City of Dublin Councilmember Ruth Atkin City of Emeryville Councilmember Suzanne Lee Chan City of Fremont Councilmember Francisco Zermeno City of Hayward Vice Mayor Ana M. Apodaca City of Newark Mayor Jean Quan City of Oakland Councilmember Jeff Wieler City of Piedmont Councilmember Jerry Pentin City of Pleasanton Vice Mayor Michael J. Gregory City of San Leandro Councilmember Jim Navarro City of Union City County of Contra Costa Mayor Wade Harper City of Antioch Mayor Robert (Bob) Taylor City of Brentwood Mayor Julie Pierce City of Clayton Mayor Daniel C. Helix City of Concord Item 4 Councilmember Rebecca Benassini Mayor John Delgado Councilmember Brandt Andersson Mayor Amy Worth Vice Mayor Jack Weir Councilmember Thomas K. Butt Councilmember Kinney Rich City Manager Greg Rogers Councilmember Loella Haskew Vice Mayor Robert Storer Councilmember Phil Arth County of Marin Summary Minutes (Draft) ABAG General Assembly Business Meeting, April 18, 2013 2 City of El Cerrito City of Hercules City of Lafayette City of Orinda City of Pleasant Hill City of Richmond City of San Pablo City of San Ramon City of Walnut Creek Town of Danville Town of Morgga Councilmember Claire McAuliffe City of Belvedere Vice Mayor Ann Morrison City of Larkspur Councilmember Stephanie Moulton Peters City of Mill Valley Mayor Pat Eklund City of Novato Councilmember Robert Ravasio Town of Corte Madera Mayor Pro Tern P. Beach Kuhl Town of Ross County of Napa Councilmember Bella R. Bennett Mayor Jill Techel Vice Mayor Ann Nevero Vice Mayor Lewis Chilton City and County of San Francisco Director Kelly Pretzer County of San Mateo Mayor Ray Miller Mayor Pam Frisella Councilmember Wayne J. Lee Councilmember Mike O'Neill Deputy Mayor Robert Ross Mayor Pedro Gonzalez Town Manager George Rodericks Town Manager Laura Allen Councilmember Alvin L. Royse County of Santa Clara Councilmember Peter Arellano Councilmember Jan Pepper Councilmember Gordon Siebert Councilmember Ronit Bryant Councilmember Greg Schmid Councilmember Chuck Page Councilmember Jim Davis County of Solano City of American Canyon City of Napa City of St. Helena Town of Yountville City and County of San Francisco City of Brisbane City of Foster City City of Millbrae City of Pacifica City of San Mateo City of South San Francisco Town of Atherton Town of Colma Town of Hillsborough City of Gilroy City of Los Altos City of Morgan Hill City of Mountain View City of Palo Alto City of Saratoga City of Sunnyvale Item 4 Summary Minutes (Draft) ABAG General Assembly Business Meeting, April 18, 2013 3 Councilmember Steven Bird City of Dixon Councilmember Curtis Hunt City of Vacaville County of Sonoma Councilmember Mike Maacks City of Cloverdale Councilmember Susan Harvey City of Cotati Councilmember Amy Ahanotu City of Rohnert Park Mayor Scott Bartley City of Santa Rosa Councilmember Kevin Thompson Town of Windsor City/Town Delegates Absent Jurisdiction County of Alameda Vice Mayor Joanne Wile City of Albany Mayor John Marchand City of Livermore County of Contra Costa Vice Mayor Lara DeLaney City of Martinez Mayor Kevin Romick City of Oakley Mayor Pro Tern Tim Banuelos City of Pinole Councilmember Ben Johnson City of Pittsburg County of Marin Councilmember Kate Colin City of San Rafael Councilmember Linda Pfeifer City of Sausalito Vice Mayor David Weinsoff Town of Fairfax Mayor Kay Coleman Town of San Anselmo Councilmember Jim Fraser Town of Tiburon County of Napa Councilmember Irais Lopez -Ortega City of Calistoga County of San Mateo Councilmember Dave Warden City of Belmont Councilmember Cathy Baylock City of Burlingame Councilmember Carol L. Klatt City of Daly City Vice Mayor David E. Woods City of East Palo Alto Vice Mayor John Muller City of Half Moon Bay Mayor Peter Ohtaki City of Menlo Park Councilmember Barbara Pierce City of Redwood City Mayor Jim Ruane City of San Bruno Vice Mayor Robert Grassilli City of San Carlos Mayor John Richards Town of Portola Valley Councilmember David Tanner Town of Woodside County of Santa Clara Mayor Evan Low City of Campbell Councilmember Barry Chang City of Cupertino Councilmember Carmen Montano City of Milpitas Mayor Curtis Rogers City of Monte Sereno Councilmember Ash Kalra City of San Jose Item 4 Mayor Jamie L. Matthews Vice Mayor John Radford Councilmember Marcia Jensen County of Solano Mayor Elizabeth Patterson Mayor Harry T. Price Councilmember David Hampton Councilmember Michael A. Segala Councilmember Jesus (Jess) Malgapo County of Sonoma Vice Mayor Jim Wood Mayor David Glass Vice Mayor Robert Jacob Councilmember Laurie Gallian 3. PUBLIC COMMENT Summary Minutes (Draft) ABAG General Assembly Business Meeting, April 18, 2013 4 City of Santa Clara Town of Los Altos Hills Town of Los Gatos City of Benicia City of Fairfield City of Rio Vista City of Suisun City City of Vallejo City of Healdsburg City of Petaluma City of Sebastopol City of Sonoma Greg Schmid, Councilmember, City of Palo Alto, commented on Plan Bay Area and demographic and population data. 4. APPROVAL OF SUMMARY MINUTES, APRIL 19, 2012, GENERAL ASSEMBLY BUSINESS MEETING President Luce recognized a city motion by Pat Eklund, Mayor, City of Novato, and a second by Julie Pierce, Mayor, City of Clayton, to approve the minutes of the General Assembly Business Meeting of April 19, 2012. The city /town motion passed unanimously. President Luce recognized a county motion by Warren Slocum, Supervisor, County of San Mateo, and a second by Linda Seifert, Supervisor, County of Solano, to approve the minutes of the General Assembly Business Meeting of April 19, 2012. The county motion passed unanimously. 5. PRESIDENT'S REPORT President Luce reported on the following: Draft Plan Bay Area Released to Public in late March. Since the last General Assembly in 2012 ABAG and its partners have completed the final draft of Plan Bay Area, the required Sustainable Communities Strategy dictated by SB 375 (Steinberg). The Plan will be acted on in a joint meeting of the ABAG Executive Board and the Metropolitan Transportation Commission in July. ABAG Moving to 390 Main Street in San Francisco. The Executive Board approved a recommendation of the Administrative Committee to join MTC, the Bay Area Air Quality Management District, and possibly BCDC, in a Regional Headquarters Building in San Francisco. The building is currently being renovated and will be ready for occupancy in Spring 2015. ABAG is moving to the new location at no cost in exchange for its ownership share in the MetroCenter in Oakland. ABAG will receive a share in the new building comparable to its share in its current location. Item 4 Summary Minutes (Draft) ABAG General Assembly Business Meeting, April 18, 2013 5 Outreach to ABAG Membership and General Assembly Delegates. Progress in reaching out to ABAG's membership continues and includes appointments as vacancies occur on ABAG's committees and thinking about ways to involve the General Assembly delegates in ABAG activities. 6. PROPOSED ANNUAL BUDGET AND WORK PLAN— FISCAL YEAR 2013 -2014, INCLUDING MEMBER DUES President Luce recognized Executive Director Ezra Rapport who presented a summary of the Annual Budget and Work Program for fiscal year 2013 -2014, including annual member dues, which was reviewed by the Finance Committee and forwarded by the Executive Board to the General Assembly for approval. Members discussed employee salary and benefits and pass- through funds. President Luce recognized a city motion by Julie Pierce, Mayor, City of Clayton, and a second by Amy Worth, Mayor, City of Orinda, to approve the Annual Budget and Work Plan for Fiscal Year 2013 -2014, including member dues. The city /town motion passed by consensus with four members voting nay. President Luce recognized a county motion by David Rabbitt, Supervisor, County of Sonoma, and a second by Linda Seifert, Supervisor, County of Solano, to approve the Annual Budget and Work Plan for Fiscal Year 2013 -2014, including member dues. The county motion passed unanimously. 7. ANNOUNCEMENTS There were no other announcements. 8. ADJOURNMENT Meeting adjourned at about 12:42 PM. Submitted: Ezra Rapport, S=creta- urer Da te Submitted: March 6, 2014 Date Approved: TBD Item 4 ASSOCIATION OF BAY AREA GOVERNMENTS Representing City and County Governments of the San Francisco Bay Area 0 ABAG Date: March 5, 2014 To: General Assembly From: Ezra Rapport Executive Director Subject: Adoption of Proposed Annual Budget and Work Plan for Fiscal Year 2014- 2015, Including Member Dues Executive Summary On January 16, 2014, the attached ABAG Budget and Work Program was presented to the ABAG Finance and Personnel Committee which approved forwarding it to the ABAG Executive Board. The Executive Board accepted the recommendation of the Finance and Personnel Committee and forwarded the proposed Budget and Work Program to the full membership with a recommendation to adopt at the ABAG General Assembly being held on April 17, 2014. The bulk of the attached Budget and Work Program is dedicated to a narrative of the highlights of each of the significant programs over since roughly January of 2013 and a description of the activities each program plans to accomplish during the course of Fiscal Year 2014 -2015 (July 2014 -June 2015). Some of the programs are managed by their own Boards of Directors such as the Finance Authority and PLAN, but the budget within the attached document represents the administrative services that ABAG provides to those programs under contract. For instance, all staff of these programs are ABAG employees and ABAG monthly bills back its expenses to the respective programs. The actual budget element of the pamphlet commences on page 25 and provides actual history of revenues and expenditures for Fiscal Years 2011 -12 and 2012 -13, the adopted budget for Fiscal Year 2013 -14 and the proposed budget for 2014 -15. The proposed budget reflects estimated revenues of $23.66 million and projected expenses of $23.61 million, yielding $50,000 to add to ABAG's contingency reserves. Unlike most municipal budgets, ABAG does not have a tax base and its General Fund is composed primarily from the $1.8 million it charges its members in dues, representing less than 8 percent of total revenues. Almost two- thirds (63 percent) of revenues are derived from grants. Because ABAG follows the stringent federal guidelines regarding the calculation and charging of indirect (overhead) costs, there is no profit in providing these programs, but of course they do benefit our member cities and counties through regional planning and research efforts, the San Francisco Estuary Program, Earthquake Mitigation, energy conservation programs, and other related programs. Because grants are awarded throughout ABAG's fiscal year, the exact numbers are subject to Item 6 Adoption of Proposed Annual Budget and Work Plan for Fiscal Year 2014 -2015, Including Member Dues March 5, 2014 2 the actions of Congress and the State Legislature, as well as private grant resources. Changes can be expected as the year progresses. However, ABAG staffing has remained relatively stable over the last several years and changes, when they occur, mostly impact the level of money passed through to our members and services contracted on behalf of our members. A little less than a third (29 percent) of the revenues and expenditures are related to service programs, including the ABAG Finance Authority, ABAG PLAN'S liability and property insurance pool, ABAG POWER natural gas purchasing pool, ABAG's on -line Training Center and several other smaller programs. Because ABAG applies the same overhead rate on its service programs as it does with its grant programs, most services revenues do not generate net revenue for ABAG, but again provide essential services to many of our members. Returning to our limited general fund source, our member dues, they are used to cover administrative costs not allowed to be recovered as overhead by federal standards such as support of our lobbying efforts, legal services, communications with elected officials and support for the participation of elected officials who oversee ABAG's mission and operations. Some funding is also used to provide match requirements of some grant projects and other disallowed costs because of grantor restrictions. It is also from this very limited portion of the budget that ABAG strives to build its contingency reserve. Each of our members (nine counties and 100+ municipalities) are assessed dues with $698 as the base fee and then a per capita fees ranging from 18.44 cents for the first 50,000 in population to 11.97 cents for those in excess of 100,000 population. The rates for Fiscal Year 2014 -2015 reflect an increase of 2.20 percent, the average annual Bay Area CPI increase. Total dues revenue is proposed to be 2.9 percent higher than the prior year because in addition to the impact of the rates, the increase in population of just over 78 thousand in the region amounted a 1.1 percent increase against which the per capita rate is applied. The projected dues for each member is listed alphabetically by county, then city on pages 36 -38. The manager and their contact information for each program is listed within the Budget and Work Program, as well as the Finance Director, Herbert Pike, all of which are available to respond to any questions you may have. Recommended Action The General Assembly is requested to adopt the proposed Annual Budget and Work Plan for Fiscal Year 2014 -2015, including member dues. Enclosure: Proposed Annual Budget and Work Program for Fiscal Year 2014 -2015 Item 6