A.    ROLL CALL 7:30 PM                                          ALL PRESENT

B.    PUBLIC QUESTIONS AND COMMENTS THERE WERE NONE

C.    COMMISSION AND STAFF BRIEFING

Staff Update

Commission Information items                        RECEIVED

D.    ELECTION OF OFFICERS                                 COMMISSIONER SMITH ELECTED CHAIRMAN

                                                                                         COMMISSIONER SNOW ELECTED VICE CHAIRMAN

E. CONSENT CALENDAR

1. ADOPTION OF RESOLUTION DENYING CONDITIONAL USE PERMIT TO CONVERT A RETAIL SHOP INTO A RESTAURANT (TIBURON DOG HOUSE); Main Street Properties, owner; Junella Swendeman and Ron Kelly, applicants; Assessor’s Parcel No. 059-102-19     ADOPTED 5-0

F.    PUBLIC HEARINGS

2. AMENDMENT TO HIGH MEADOW PRECISE DEVELOPMENT PLAN (PD #38) TO AMEND A BUILDING ENVELOPE; 5 HIGH MEADOW LANE, Lone Oak Properties, owner and applicant; Assessor Parcel No. 058-100-72        ADOPTED 5-0

G. ADJOURNMENT 8:30 PM a071002

General Plan Workshops – July 30 and August 8

1505 Tiburon Boulevard, Tiburon, California

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Chair Stein called the meeting to order at 7:35 p.m.

ROLL CALL

Commissioners Present: Chair Stein, Commissioners Collins, Greenberg, Smith and Snow

Commissioners Absent: None

Staff Present: Director of Community Development Anderson and Meeting Recorder Flanagan

PUBLIC QUESTIONS AND COMMENTS

No one spoke at this time.

COMMISSION AND STAFF BRIEFING

Planning Director Anderson noted upcoming items to include the Parente PDP and Final EIR at the July 24 meeting, and General Plan workshops on July 30 and August 8. The Tiburon Glen project may be heard in September. Dates for other projects coming before the Commission were too uncertain to predict at this time.

M/S, Snow/Greenberg, passed 5-0, to elect Commissioner Smith as chair.

Commissioner Smith took the gavel as chair.

ADOPTION OF RESOLUTION DENYING CONDITIONAL USE PERMIT TO CONVERT A RETAIL SHOP INTO A RESTAURANT (TIBURON DOG HOUSE); Marin Street properties, Owner: Junella Swenderman and Ron Kelly, applicants; Assessor’s Parcel No. 059-102-19.

Commissioner Greenberg suggested changing the last sentence in Finding C text to state, "The restaurant would contain a maximum of six seats. The Planning Commission finds that this selection of foods, along with limited seating, will result in significant takeout food sales."

All Commissioners agreed to this change

AMENDMENT TO HIGH MEADOW PRECISE DEVELOPMENT PLAN (PD #38) TO AMEND A BUILDING ENVELOPE; 5 HIGH MEADOW LANE; Lone Oak Properties, owner and applicant; Assessor Parcel No. 058-100-72.

Anderson presented the Staff report. In response to questions, he stated only the one primary envelope is at issue, and that minor adjustments are proposed that would result in no net increase in the building envelope size. Staff believed that the amendments would provide better protection to the oak woodlands on the site, and would reflect the exact house design already approved by the Design Review Board. Regarding landslides identified in the Precise Development Plan stage of review, Anderson said that such landslides would have been required to be repaired. He believed that they were small unstable areas located fairly close to the Sugarloaf Drive side of the site.

Chair Smith asked if the legal description for the open space easement would need to be revised if the envelope is amended. Anderson responded that acceptance of the open space easement has been delayed until such time as the envelope is finalized.

Earle Weiss, architect for Lone Oak Properties, noted discussion concerns only the boundary of the Open Space easement. He said that he is making the envelope smaller than that approved in the Precise Development Plan. None of the approved house structure has changed; he is only talking about where the Open Space easement begins. Regarding slides on his site, geotechnical and engineering studies were completed on a larger building envelope, which has no slides. Neighbors and the Design Review Board reviewed the larger envelope and the siting of the house. He is bringing the Open Space easement closer to the building; hence, the need to reshape the house.

Commissioner Greenberg stated a concern about the lower side of house, where the tree line is steep. The three heritage oaks, if removed, could create a large gap and the area could be exposed to view from Paradise Drive, impacting other persons than the owner.

Mr. Weiss responded that no trees, other those already approved for removal by the Design Review Board, would be removed through construction of the house.

Commissioner Greenberg asked the applicant about the location of the landslides on the property. Mr. Weiss responded that he did not know where the landslides were on this site.

Commissioner Stein asked about the roadway maintenance agreement between the two properties.

Mr. Weiss responded there is a Joint Maintenance Agreement between the two owners. He does not know if the road was offered to the Town. The buffer and screening trees have not changed. These trees are seen as assets by owners.

The public comment was opened.

Nadine Hill, 7 Heathcliff Drive, asked if the story poles for the home are still in place.

Anderson responded the design of the home has been approved for some time and the story poles were removed long ago. He stated that the house as approved was not changing as a result of this application.

Steven Gasser, 96 Sugarloaf Drive, stated he spoke with Mr. Weiss and has no concerns about the request. He sees that no more trees than previously approved for removal will be affected. The applicants have addressed his and his neighbors’ concerns during the development of the project and the construction of the completed house, and have been very professional in their work. He has no issues with the changes.

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

Commissioner Greenberg stated she was not here for the original meetings, but that the comments of the neighbors at this meeting give her comfort that the request is appropriate. She reiterated her concern about potential effects to the tree line on the northwest side because it appears the trees will be removed and will expose the building to view from persons on Paradise Drive. The trees are large and surprisingly healthy. She feels applicants went through the process in good faith and is unsure how the envelope error occurred.

Planning Director Anderson noted that from his field review of the stakes and envelopes, the expanded envelope would constitute a very minor additional intrusion into the oak trees. The stakes show it is a short distance between the old and new boundary. His field review led him to a different conclusion regarding the trees.

Chair Smith stated he remembers substantial discussion with the Heathcliff Drive neighbors and his sense was the process worked well in terms of siting the houses.

Commissioner Stein noted, in terms of the siting of the actual building envelopes, it was fairly simple because two building pads were created by nature. He also does not know how the envelope error occurred that required this item to be returned; however, the adjustment is not too serious.

Commissioner Collins stated there is no net change in envelope size, no change to the approved house, and he assumes the end of the one building would not be seen from Paradise Drive.

Commissioner Snow stated that he was gratified to see neighbors here in support of the request. He believes that the trees not be significantly impacted.

Commissioner Greenberg noted that on the drawing, the Parcel 1 and Parcel 2 labels were reversed.

Chair Smith noted an approval of the request would generate a revised legal description for the open space easement.

ADJOURNMENT

Having no further business, the Commission adjourned at 8:05 p.m.

______________________________

PAUL SMITH, CHAIR

Tiburon Planning Commission

 ATTEST:

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SCOTT ANDERSON, SECRETARY 71002pcmin.doc