PLANNING COMMISSION

November 8, 2001

Special Meeting

Town Council Chambers

1501 Tiburon Boulevard, Tiburon, California

Chair Stein called the meeting to order at 7:30 p.m.

ROLL CALL

Commissioners Present: Chair Stein, Commissioners Berger, Fredericks, Smith and Snow

Commissioners Absent: None

Staff Present: Planning Director Anderson,

Greg Zitney, Environmental Coordinator

Paul Jensen, Project Planner

Louise Nichols, Nichols-Berman, EIR Consultant

Meeting Recorder Flanagan

PUBLIC QUESTIONS AND COMMENTS

There were none.

PUBLIC HEARING ON EASTON POINT (MARTHA COMPANY) PRECISE DEVELOPMENT PLAN/PREZONING/ANNEXATION DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR). The project proposes the development of a 110-acre property off Paradise Drive into 34 sites for single-family homes. Martha Company, owner and applicant. Assessor Parcel No. 59-251-05.

Environmental Coordinator Zitney summarized the purpose of the meeting is to address the adequacy of the DEIR, which represents an expanded scope. He added, the public review period for comment on the DEITis scheduled to close at 5:00 p.m., November 9, 2001.

Commissioner Berger asked for clarification of the term "custom-built homes," and noted that two builders building a number of homes sounds like tract homes

EIR Consultant Nichols confirmed that only the two clusters would be built by one or two builders.

Scott Hochstrasser, environmental planning consultant retained by the Martha Company, stated he will submit his written comments. He noted that meetings were held with neighbors before the current design was proposed; that of 110 acres, 95 acres are either common or privately-held Open Space, and this should be clarified in the DEIR. While three significant trails for public access to the property are being offered, it appears that neighbors, perhaps, do not want public access. He asked for clarification of the assumptions concerning slope stability and stated that the mass grading as discussed in the DEIR is unnecessary for slope stabilization. He asked that Town decision makers define the landslide repair policies, rather than following assumptions by the EIR consultant. Also, the DEIR’s discussion that the "visual expectation" is that the site remain undeveloped is not defined in the General Plan. He believes that, with the current project design and the mitigations that are proposed, it is not possible to make the homes "inevident." The Town Council has not embraced the concept that any development must be inevident.

The public comment period was opened.

Fran Layton, attorney, stated she was retained, some two years ago, by The Last Chance Committee to evaluate the proposal. After review of the DEIR, the firm’s experts discovered major issues that had not been adequately addressed in the DEIR, including biotic impacts, geotechnical issues, circulation/traffic safety and hydrology. Extensive comments will be submitted on November 9. She asked that the un-addressed or inadequately-addressed issues be cured and that the DEIR be redrafted and recirculated.

Bill White, attorney, stated the DEIR has recommended deferral of mitigation, which is forbidden. Mitigation must be fully defined in an EIR. An example of this is a buffer to protect dwarf flax, which is not defined in the DEIR. CEQA requires discussion of cumulative impacts, which is missing in this DEIR. He knows of other projects in the area that will create impacts. The General Plan requires that "prime open space" must be identified and avoided by the project, which is not discussed in the DEIR. The major issue is the loss of prime open space, not how much open space is preserved. The 1996 EIR recommended a five-lot alternative that has been jettisoned for a nine-lot preferred alternative, the elimination of which is not described as required by CEQA. He asked that a new DEIR re prepared and recirculated, in order to meet the legal requirements of CEQA.

Daniel Holmes, Sycamore Associates, stated the DEIR does not address impacts to the California red-legged frog; the DEIR should minimally map the frog’s habitat, identify all habitats on site and quantify impacts to the habitats. This is the last population of the frog in Tiburon. There is no place to mitigate for this population; hence, impacts are not reduced. Cumulative impacts should be discussed on many issues such as the frogs, grasses, trees, etc. The visual impacts of the application fall into the General Plan’s definition of "prime open space." Drainages should be better defined to include impacts, as should ridgelines, buffers and areas of slope instability. These impacts on the prime open space must be studied. The extent of grading and the wetlands must be delineated and verified by the Corps of Engineers.

Chuck Snell, Gilpin Geosciences, Mill Valley, stated that the landslide policy, which requires varying levels of activity, must be defined (i.e., ancient versus active landslides. Debris flows were not reviewed; hence, landslide mitigation cannot be accurate since there is insufficient detail. The Town requires mitigation of all landslide areas, not just in and around the developed areas of proposed lots. Secondary impacts from mitigation measures are speculative; the DEIR should review a detailed plan, using subterranean improvements. He has identified three landslides since the last review, and these should be discussed by the Town. Impacts to the Keil spring must be studied. Ground water has not been studied. There should be a study of the Keil Spring.

Glenn Dearth, LTD Engineering, stated, regarding offsite impacts on drainageways, the DEIR should discuss improvements to waterways between the site and the bay. The DEIR should define the extent of improvements, and if feasible, off-site construction improvements. Regarding stabilization of drainageways, there is not enough information as to what is required for stabilization; hence, it is impossible to implement the measures. That concentration of water flow is insignificant is not true; the concentration of drainage flows causes erosion damage. Erosion control measures should be more thoroughly planned and carried out. Infiltration of the water flow to Keil Spring must be studied before the impact on Keil Spring is determined. Irrigation drainage of private landscaping will impact water quality. The downstream water quality impacts are not discussed sufficiently in the DEIR. Water quality impacts are not less than-significant. The consultants should cross-check issues in the DEIR, such as the increase of the amount of parking, which will affect runoff and water quality issues.

In response to questions, he stated groundwater changes from season to season must be reviewed and limits to the underground capacity must be understood. A baseline analysis should be made to learn how water flows during all seasons.

Maxwell Drever 2100 Paradise Drive, stated that Paradise Drive is very dangerous and the traffic report does not address this or the narrow areas on Paradise Drive, construction traffic or additional vehicular traffic, all of which are dangerous.

Randy Greenberg, 45 Norman Way, stated traffic on Paradise Drive is not addressed, and has not been addressed along Trestle Glen. It is assumed traffic will be through downtown Tiburon, which is untrue. The DEIR does not address proposed multiple new access points along Paradise Drive, which are to be kept to the minimum number possible as new driveways are to be avoided. The DEIR does not sufficiently address roadways and driveways. The DEIR does not review new cumulative impacts of buildout. There are two additional developments and four large undeveloped sites in the area. Mitigation must be made to reduce the number of intersections on Paradise Drive. Every new entry makes Paradise Drive less safe.

Bill Lukens, 160 Los Lomas, president of Lyford Cove/Old Tiburon Homeowners Association, stated he submitted written comments. There are existing significant and unavoidable issues that must be resolved, such as sewage odor at the Mar West Plant. Sanitary District No. 5 is concerned about the odor a new line will create, for the 34 new home sites. Mitigations to prevent odor should be determined before the project is approved. The DEIR must review the wet weather capacity of the Mar West Plant before, not after, the EIR is approved. Traffic impacts to his neighborhood are not analyzed in the DEIR. Diviso Street is a substandard-sized street, from ranging 15 to 19.5 feet in width. It is dangerous and there are many children on the street. The DEIR did not include a traffic count for Divisio, Solano, or Centro East and Centro West Street, and traffic cannot be estimated without an actual traffic count. Recommenindg no parking signs on Diviso Street is fruitless because it is too dangerous to park there, nor would residents place debris boxes on Diviso Street.

Russ Keil, 2600 Paradise Drive, stated the project threatens his home and a unique resource, Keil Spring. It is his family’s intent to preserve the historical land, including the gardens, the biological diversity and the spring. Seismic, landslide and drainage issues are critical to the preservation of his property. Also, the DEIR does not address everything that is endangered.

Lunkhen Moore, 2980 Paradise Drive, showed a picture of a landslide that prevented her from getting to her home, during the heavy 1982 storms. She noted that Paradise Drive is not banked correctly and water sits on the road. She cleans out the drains that water from the uphill side to the downhill side. The DEIR must consider those homes downhill of drainageways. Also, traffic on Paradise Drive is dangerous; it is narrow and winding, and has no shoulders. Construction traffic will be very dangerous on Paradise Drive.

Steven Makalis, Diviso Street, stated that the speed limit is not observed on this street and posting a speed sign will not be effective. Many children live in this area and can be present on the street. Also, Open Space is important for children and it should be preserved.

Rick Klein, 2960 Paradise Drive, stated there were serious landslides on Paradise Drive in the 1980s, when one almost buried his house, and a sea of mud moved a neighboring house into the bay. He is mainly concerned with Lot 24. His concern is his life; the landslide came from Lot 24. The proposed development on Lot 24 is considerable and will add a lot of weight to the existing landslide. A septic system and irrigation system will add water to unstable ground. Houses should not be built on top of existing landslides. If the development is annexed, all houses should be connected to the sewer; however, the DEIR IS VAGUE as options have been identified for Lot 24. Scheduling of construction materials and laborers, starting at 9:00 a.m. will not work, and the DEIR must state how this would be enforced. If more traffic is added, the Town should require that Paradise Drive be widened and a bicycle lane added. He asked what the applicant will do to protect his house from increased groundwater from Lot 24.

Jon Posin, 465 Ridge Road, stated he would experience traffic from 20 of the proposed houses. The houses will have three-car garages and the DEIR recommends six offsite parking spaces; hence, there will be nine cars at each house. Vehicles servicing the homes also must be considered. At Hill Haven, there are no sidewalks and even walking a dog is dangerous. Not discussed in the DEIR is fire safety and this area is similar to the Oakland Hills, where, during the Oakland Hills Fire, residents could not get out of the neighborhood, there was no water and the roads were inadequate for emergency traffic. Overhead power lines are a concern. MMWD states that water service to Hill Haven is inadequate.

Julien Landau, 82 Sugarloaf Drive, stated the DEIR does not address the General Plan’s definition of character and quality of the town. The DEIR must address the spirit of the town and what open space represents to residents. The hills are known internationally as an excellent hiking area. The hills should be preserved for those who use them now as a spiritual experience, , in addition to the animals, future residents of Tiburon and the entire Bay Area. Also, the DEIR must address the spiritual landscape and the animals.

Joanna Kemper, stated, regarding the value of open space, the General Plan describes the protection of "prime open space" and its characteristics, which define the town. Monies were spent to protect the Open Space at Old St. Hilary’s and the houses in this proposal counteract that effort. The DEIR does not discuss historic use of the trails. The Old Spanish Trail is 100 years old. The project’s proposed assumption of public trails for only owners and guests of this project is not accurate. Regarding common versus private open space areas on individual lots , over time, private Open Spaces gets co-opted and become part of an owner’s property.

John Madden, 2040 Vistaso, stated the traffic count, when the homes are filled, must be used, not the current traffic count. Also, there is inadequate water supply at his location.

John Walters, California Native Plant Society, Marin Chapter, read his letter. He is concerned that, of the 535 trees to be removed, all are subject to Sudden Oak Death (SOD). Construction of driveways, etc., will damage trees. Removal of the trees will spread the SOD fungus. Trees planted in lawns will disrupt the current biodiversity. Landslides, water, Keil Spring and percolating groundwater are interrelated. Restructuring for landslides will require extensive intervention on private and public properties and will be destructive, especially in Open Spaces. Two grass species are threatened or endangered. Native species on residential lots are threatened by human activity, domestic animals and introduced plants. Development will damage flora and fauna. The depth of the impacts from this project are formidable; any other use would be appropriate, preferably public Open Space.

George Landau, 82 Sugarloaf Drive, asked what criteria the County used in allowing one house per 10 acres and how this affects Tiburon’s zoning. He asked for an example of the term, "inevident" and stated, once story poles are installed, the validity of the photomontages will be inaccurate. Once story poles are erected, view impacts will be more horrific. He asked that the three trails are connected to create a circular route.

Tyler Phillips, 8 Audrey Court, requested, regarding "view," that the next cycle of the EIR do a better job of discussing visual ipacts. He added, there are many cases where the ridgeline is impacted by the development and the development should be revealed from more perspectives.

Jerry Riessen, 616 Ridge Road, stated, regarding traffic, the roads are too narrow and very windy. His concern is about safety. Accident reports should be evaluated to reveal the extent of the dangerous roads. Recirculation of the DEIR must include an accident report summary. Prohibiting dumpsters parked on the streets is not possible because everyone who remodels requires a dumpster and if dumpster use is restricted, the lot’s value would be reduced. Belvedere is attempting to deal with construction impacts of remodels and the Planning Commission should think about restrictions on this project. The quality of life of many residents will be affected. There would be gridlock for many years and this is not mitigatable because mitigation measures are infeasible. The DEIR should look at the quality of life in the Hill Haven and Lyford Cove/Old Tiburon neighborhoods. Safety issues should be re-reviewed. The number of houses that can be built at any one time should be limited. There is no traffic analysis for truck traffic for the removal of dirt for roadways and the repair of slides. He calculates there will be 1,538 trucks per day over the construction period, on Paradise Drive. There is no discussion of impacts from the construction of sewer lines. He asked that the Town consider what all it might be willing to do for 34 homes.

Bruce Brightman, 600 Ridge Road, stated he perceives a legal issue with prohibiting dumpsters as it relates to remodeling and property values. A truck carrying ten yards of dirt is 110 inches wide, fender to fender and Diviso is not wide enough for two trucks to pass; consideration should be made of the Town of Tiburon’s liability. He asked whether emergency vehicles could access homes past the collision site of two trucks, which would tie up the street.

There being no further comment, the public comment period was closed.

In response to questions, Planning Director Anderson stated, regarding recirculation of the DEIR, the Planning Commission will decide this after receipt of all comments.

Commissioner Berger noted that movement of dirt in landslide repairs generally stays within the site. Soil is generally replaced at the site and is recompacted. The term "inevident" is used in other jurisdictions and requires, for instance, that, in scenic corridors, houses are tucked away so they cannot be seen. This does allow development.

Chair Stein recommended the DEIR further define the term "inevident."

Commissioner Fredericks stated it is unclear what amount of dirt will be carried offsite to mitigate landslides.

Chair Stein noted additional hearings will be held before decisions are made. Regarding story poles, he asked Planning Director Anderson what types would be needed at this point.

Planning Director Anderson stated that one pole installed at each lot would satisfy a visual analysis and added that a full spread of story poles is required when a house is before Design Review. As this is an environmental review, an overall look of the site is desired. He stated the center line of roadways should be staked.

Commissioner Berger stated the story poles should be no lower than 30 feet relative to final grade; and the photomontage can be compared to the story poles.

George Landau stated the story poles should be to indicate the mass of each home and without the full picture being seen now, there may not be another chance to review the homes.

Mr. Hochstrasser stated he would accept the community’s offer to pay for story poles, though he did not understand what would be revealed by story poles since a visual analysis has been completed with a conclusion.

Discussion ensued as to the type of amount of story poles to be erected.

Chair Stein stated it was Commission consensus that full story poles and netting are not necessary on all lots at this point. Dictated are one complete pole per cluster in larger clusters, two poles. The height of the poles us to be 30 foot at finished grade. Staff will determine the sites for the poles.

Andrew Thompson stated that having story poles erected over the holidays will allow more time for inspection..

Planning Director Anderson will coordinate erection of story poles with Mr. Hochstrasser, to be installed in December.

The next public hearing will be an organized tour of the site on December 8, 2001.

ADJOURNMENT

Having no further business, the Commission adjourned at 11:00 p.m.

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STEVE STEIN, CHAIR

Tiburon Planning Commission

  ATTEST:

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SCOTT ANDERSON, SECRETARY