1505 Tiburon Boulevard, Tiburon, California

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

A.    ROLL CALL

Commissioners Present: Chair Stein, Commissioners Berger, Snow

Commissioners Absent: Smith

Vacancies: One

Staff Present: Planning Director Anderson, Senior Planner Watrous and Recording Secretary Morales

B.    PUBLIC QUESTIONS AND COMMENTS        None.

Planning Director Anderson informed the Commission of the following:

Former Planning Commissioner Alice Fredericks was sworn into the Council earlier this evening, therefore she is no longer a member of the Planning Commission and will not be attending the meeting.

The new Associate Planner Brian Lynch began a week ago and will be introduced to the Commission in the near future.

The field trip to the Martha Company site scheduled for December 8^th to review the story poles has been postponed because surveying of the site to properly place the STORY POLES will take longer than anticipated. A notice of the field trip cancellation will be sent out and a new date for the field trip will be set. A subsequent follow-up meeting will be scheduled, probably for February.

D.    CONSENT CALENDAR

1.    MINUTES OF NOVEMBER 14, 2001

M/S Berger/Snow, (3-0), to approve the Minutes as amended herein.

Page 3, middle of fourth paragraph - Correct the spelling of Commissioner Berger's name.

2.    2108 & 2110 MAR EAST: CONDITIONAL USE PERMIT #110106 REQUEST TO CONSTRUCT A PIER AND BOAT DOCK; Raymond and Sandy L’Heureux, owners; Hank Bruce, applicant. Assessor’s Parcel No. 59-181-12 and 59-181-34

Senior Planner Watrous explained that the proposed application was similar to the ones recently approved on adjacent properties. One of the differences is that the proposed dock would be at an elevation six inches higher than the recently approved piers, but would not extend further into the bay. He recommended that after taking public testimony, the Commission adopt the draft Resolution granting conditional approval of the project.

In response to Commissioner Snow, Senior Planner Watrous stated that the proposed pier and dock have been reviewed as part of the Design Review process for other construction on the property. However, the Commission can raise any concerns regarding the physical design.

Chair Stein opened the hearing to public comment at 7:35 PM

Hank Bruce, project architect, offered to answer any questions they might have regarding the application

Chair Stein closed the hearing to public testimony.

In response to Commissioner Berger, Senior Planner Watrous stated that the statement in the staff report regarding a boat lift to store a large boat above water level related to a problem faced at a pier on Paradise Drive where there a boat was stored at a higher elevation with a mechanical hoist for extended periods of time, thereby becoming a visual distraction.

M/s Berger/Snow, (3-0), to adopt the draft Resolution granting conditional approval of the project.

3. CONSIDER ADEQUACY OF DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE PARENTE PRECISE DEVELOPMENT PLAN (PD#4) TO CREATE FIVE BUILDING SITES ON A 10.3 ACRE PARCEL; END OF PARENTE ROAD/ANTONETTE DRIVE; Amerippon, Inc., owners; Philip Moss/Neil Sorensen, applicants; Assessor’s Parcel No. 38-111-16

Senior Planner Watrous stated that the Planning Commission held a hearing on this matter on October 24, 2001 to take public comment on the DEIR. After receiving testimony, the hearing was closed and the item was continued to this hearing. The public review comment period closed on November 8, 2001 and a summary of the issues raised is included in the Staff Report. The two significant unavoidable impacts project identified in the Draft EIR relate to consistency with the Tiburon General Plan Policies regarding potential prime open space and grading. Should the Commission determine that the DEIR has been prepared in conformance with CEQA Guidelines, the consultant should be directed to prepare a response to comments and prepare the Final EIR. If the Commission finds that the DEIR has not been prepared in conformance with CEQA, this matter should be continued in order to obtain additional information. Although some items have been identified as needing additional information, staff found that the DEIR had been prepared in conformance with CEQA. Therefore, it was recommended that the Commission accept public testimony, provide comments, and determine that the DEIR is adequate.

In response to Chair Stein, Senior Planner Watrous stated that unless the Commission found new information that would lead to the finding that there may be other significant impacts that were not identified, additional changes or alterations to the document would not trigger recirculation of the DEIR.

Chair Stein opened the hearing to public comment at 7:44 p.m.

Christian Marsh, representing Amerippon, stated he was present to respond to any questions.

Joanna Kemper, Last Chance Committee, stated that they were very pleased that an analysis of the prime open space on the parcel was conducted, particularly since it confirms the existence of prime open space. She then asked that an overlay be provided showing the location of the homes in relation of the ridgeline to better depict what the homes will look like once they are developed. She concluded by stating that adhering to the objective of providing 180-degree views for the homes would narrow down the possibilities of alternative layouts.

Chair Stein closed the hearing to public comment at 7:47 p.m.

In response to Commissioner Berger, Consultant Leonard Charles stated that the DEIR did not address the structural adequacy of other roads that may be impacted during construction. Since the project proposal was to use Parente Road, the adequacy of Antonnette was not analyzed. Commissioner Berger then stated that further examination would be beneficial to community members. Therefore, he suggested that some discussion regarding roadway adequacy be included in the DEIR, at least in general terms. Commissioner Berger also asked that references to general plan elements regarding greenbelt areas be included. He suggested adding discussion regarding open space contiguity in order to emphasize its importance

Commissioner Snow acknowledged the information included in the DEIR, and concurred with Commissioner Berger.

Chair Stein agreed that every conceivable alternative had been provided. However, he found that not enough information regarding the most feasible alternative had been provided. For example, five units on the ridgeline would create some unavoidable impacts. However, siting five or less homes off he ridge may avoid the unavoidable impacts, but could create others such as increased grading. Therefore, he would need an analysis regarding the amount of grading required for three homes off the ridgeline. Consultant Charles stated that it would be feasible to provide such analysis, but would have to be discussed with staff because it was not within the scope of work.

Chair Stein noted the Marin County Planning Community Development Department’s comments indicating that the County's criteria for preservation of open space were stronger than Tiburon's. Based on the strength of their comments, and the fact that County open space abuts the subject property, Chair Stein stated that their comments deserved a response.

Consultant Charles recommended to simply recognize the County's comments Since the County has no jurisdiction over the project, there is no requirement to assess the project under the Marin Countywide Plan. Therefore, although the County's concerns were recognized, a specific response on the accuracy of their comments was not provided.

In Chair Stein's opinion, the County’s letter deserved more of a response, particularly because of the annexation requests that are continuously made from properties along Paradise Drive. Whether annexation takes place or not, the Town always has the opportunity to comment. Therefore, Chair Stein felt that the same respect and acknowledgement should be given to the County. Furthermore, Chair Stein found that if the County's constraints were stronger than Tiburon's, not only should their comments be acknowledged, but reflected in the Final EIR to provide a better understanding of the rationale for such strong criteria.

Commissioner Berger agreed that acknowledgement of the County's comments was appropriate. He felt that including the County's criteria for preservation of open space in the Final EIR may be beneficial when evaluating the merits of the project, but questioned whether inclusion of said information would create any difficulties. Planning Director Anderson stated that it would not create difficulties, but would be meaningless to apply the principles of the Countrywide Plan that may have not even adopted at the time this property was created. It would be difficult to apply another jurisdiction’s policies and goals to a property under Tiburon's jurisdiction.

Chair Stein did not think it would be harmful to include said information. Commissioner Berger found that the harm might be to cloud information regarding the criteria for judging the project.

Commissioner Snow read the County’s letter as simply noting that not only would the project be in conflict with the County's policies, but also with the Tiburon General Plan, and not as asking the Town to embrace the County’s policies.

Chair Stein disagreed that including said information would not cloud the issue; he felt that it would simply provide information regarding the County’s reasoning.

In response to Commissioner Berger, Chair Stein clarified that he was suggesting to include information regarding why and how the County arrived at their conclusion. Since the County indicates that their policies are more environmentally protective, it would be helpful to know what interests the County is seeking to protect because the Town may want to seek to protect the same interests.

Commissioner Berger did not support including or using the County's Policies to evaluate the project.

Senior Planner Watrous stated that Chair Stein wanted to include the rationale for the County to have more environmentally protective standards and not to evaluate the project against their standards. With that clarification, Commissioner Berger was agreeable to including said information.

Chair Stein stated that after reviewing the traffic section, he did not find a response to some of the concerns raised, i.e., number of trucks using the road, adequacy of the road to support construction equipment, and potential impacts to the level of service.

Senior Planner Watrous asked for more specificity, i.e., whether Chair Stein wished the EIR to address actual construction impacts on traffic or perceived impacts by the neighbors. Chair Stein questioned whether the methodology, which is typically used in traffic impact analyses, was adequate since it did not address other impacts. Therefore, in his opinion, it was not appropriate to indicate that there will be no impacts just because the methodology used has worked in the past.

Senior Planner Watrous noted that even though neighbors may suffer noise problems by the construction of a home, noise may not meet the standards of significance. Construction traffic would fall in that category; it would be considered short-term irritation. Commissioner Berger asked for examples of what said short-term irritations would be.

In response to Consultant Charles, Chair Stein stated that he wanted a grading analysis for a three home alternative or as determined by him.

Noting a letter from Ms. Greenberg, Chair Stein stated that a better analysis of the retaining walls was necessary in order to identify their location and height. He also asked for a better site plan depicting the size of the proposed homes. Senior Planner Watrous indicated that this information would be obtained from the applicant. Chair Stein asked that the alternatives specify this information.

Commissioner Snow asked for more information regarding fencing, and height of structures, in terms of secondary envelopes.

Chair Stein noted a letter raising concerns regarding potential soil stability impacts resulting from tree removal should road widening take place and asked that a response be prepared. He also asked that information regarding potential stability impacts to off-site properties in case grading is needed be included to the extent feasible.

The Commission agreed that the items discussed above would not rise to a level triggering recirculation of the DEIR, therefore, the document could be finalized.

M/S Berger/Snow, (3-0), to determine that the DEIR is adequate and was prepared in conformance with CEQA and the Town's local CEQA Guidelines, and to direct the consultant to prepare responses to comments, including those received at this hearing, and prepare the Final EIR.

F.   ADJOURNMENT

Having no further business, the Commission adjourned at 8:35 p.m.

______________________________

STEVE STEIN, CHAIR

Tiburon Planning Commission

ATTEST:

 _________________________________________

SCOTT ANDERSON, SECRETARY