A.    ROLL CALL ALL PRESENT

B.    PUBLIC QUESTIONS AND COMMENTS

C.    COMMISSION AND STAFF BRIEFING

Staff Update

Commission Information items

D.    CONSENT CALENDAR

1.    MINUTES OF OCTOBER 9, 2002 ADOPTED AS AMENDED

E.    PUBLIC HEARINGS

 

2.    1 BLACKFIELD DRIVE, SUITE M; APPLICATION FOR A CONDITIONAL USE PERMIT TO ESTABLISH A PERSONAL FITNESS TRAINING STUDIO;Cove Shopping Center, Inc., owners;Bryan LeFebvre, applicant; Assessor’s Parcel No. 034-212-18 APPROVED 5-0

3.    120 RANCHO DRIVE; AMENDMENT TO CYPRESS HOLLOW PRECISE DEVELOPMENT PLAN TO ALLOW 40 SQUARE FEET OF ADDITIONAL FLOOR AREA FOR AN EXISTING HOME; Joseph and Susan Ahern, owners; Marshall Balfe, applicant; Assessor’s Parcel No. 034-393-02 RECOMMENDED APPROVAL TO TOWN COUNCIL 5-0

4.    TIBURON COURT RESIDENTIAL PROJECT;VESTING TENTATIVE SUBDIVISION MAP APPLICATION TO CREATE THREE SINGLE FAMILY RESIDENTIAL LOTS ON 13.34 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF TRESTLE GLEN BOULEVARD; Round-Two Joint Venure, owner;Don Henderson, applicant; Assessor’s Parcel No. 039-061-80 and 86 APPROVED 5-0

F.    DISCUSSION ITEMS

5.    LOCAL CEQA GUIDELINES UPDATE: REVIEW AND COMMENT ON PROPOSED UPDATING OF THE TOWN OF TIBURON’S LOCAL CEQA GUIDELINES RECOMMENDED APPROVAL TO TOWN COUNCIL 5-0

PLANNING COMMISSION

October 23, 2002

Regular Meeting

Town Council Chambers

1505 Tiburon Boulevard, Tiburon, California 94920

Chairman Smith called the meeting to order at 7:32 P.M.

ROLL CALL

Present: Chairman Smith, Vice-Chairman Snow, Commissioners Collins, Greenberg, & Stein

Absent: None

Staff Present: Director of Community Development Anderson, Senior Planner Watrous,

Associate Planner Lynch and Meeting Recorder Hennessy

PUBLIC QUESTIONS AND COMMENTS

There were none.

COMMISSION AND STAFF BRIEFING

Regarding the Tiburon Glen EIR, Director Anderson informed the Commission that the Superior Court judge had given the Town until March 1, 2003 to certify the document. The Planning Commission will hear this item again on November 13, 2002.

CONSENT CALENDAR

1. Minutes of October 9, 2002

Commissioner Stein requested the words "frustration with the process" be stricken from his statement on page 5. Chairman Smith requested that his statement on page 5 be clarified to reflect his question as to what is the affect of increased runoff on riparian habitat.

Commissioner Greenberg submitted a list of clarifications she requested as a private citizen who had recused herself from discussion on the Tiburon Glen Precise Development Plan. A copy of her letter is attached.

Associate Planner Lynch reviewed the staff report; applicant requested a CUP for a health and fitness training facility. The Planning Commission can approve uses similar in nature to those allowed in the commercial zone; application is consistent with office use; parking requirements are based on office use and less than the standard retail use. A parking study had been done recently in conjunction with the review of the CUP for Blockbuster Video, and that information has been provided to the Planning Commission. Staff recommends consideration of the draft Resolution of approval.

In response to Commissioner Greenberg, Director Anderson stated that the total parking requirement for the shopping center and for each use was not available when the Town annexed the Cove Shopping Center from Marin County in 1985.

Bryan LeFebre agreed with Staff’s presentation. In response to Commissioner Greenberg, Mr. LeFebre agreed not to hold classes; the facility will be operated on a one-to-one basis with the trainer and clients.

Chairman Smith opened the public hearing. There being no further comments, the Chair closed the public hearing.

After a brief discussion amongst the Commissioners, Commissioner Greenberg modified the draft Resolution to add two paragraphs to state: "there shall be no outdoor activities and any music or noise shall not be audible from the outside" and "any training or class size shall be limited to three people per instructor".

3.    120 RANCHO DRIVE; AMENDMENT TO CYPRESS HOLLOW PRECISE DEVELOPMENT PLAN TO ALLOW 40 SQUARE FEET OF ADDITIONAL FLOOR AREA FOR AN EXISITNG HOME; Joseph and Susan Ahern, owners; Marshall Balfe, applicant; Assessor’s Parcel No. 034-393-02.

Senior Planner Watrous reviewed the application for a 33% FAR; the original house was approved at 32.5%; the owners had converted an undeveloped space within the existing mass and bulk of the house into a play room, exercise room and wine cellar. There have been three previous requests for increased floor area (above the 0.3 FAR) in this neighborhood that were approved. This request would approve square footage that would still be 25 sq. ft. below the Town’s default FAR for a lot of this size. Staff’s review indicates that this request is consist with similar requests that have been approved by the Town for homes in the Cypress Hollow Subdivision.

Susan Ahern thanked the Commission and Staff for their assistance, and apologized for not having the knowledge to request permits in advance for the work that was undertaken.

Chairman Smith opened the public hearing. There being no further comments, the Chairman closed the public hearing.

In response to Commissioner Stein, Mr. Watrous stated that Mrs. Ahearn had discussed what remedial work needed to be done to bring the alterations up to code with the Building Division, such as removal of a window in the play room to return it to a storage area, and she will pay the additional permit fees.

Commissioner Greenberg noted that the Design Review Board needed to be alert to this new basement concept because buildings are being built on hillsides. Mr. Watrous stated the DRB has become aware of the large crawl spaces and has been diligent in eliminating those areas where possible during its review of projects.

Commissioner Stein requested that the draft Resolution be revised to reflect this as an as-built application.

 M/S, Collins/Stein passed (5-0) to approve the draft Resolution as amended.

  4. TIBURON COURT RESIDENTIAL PROJECT: VESTING TENTATIVE SUBDIVISION MAP APPLICATOIN TO CREATE THREE SINGLE FAMILY RESIDENTIAL LOTS ON 13.34 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF TRESTLE GLEN BOULEVARD; Round-Two Joint Venture, owner; Don Henderson, applicant; Assessor’s Parcel Nos. 039-061-80 and 86.

Director Anderson reviewed the Staff report. The Town Council approved the Precise Development Plan earlier this year, and the applicant is now applying for a Tentative Map; the proposal requests the subdivision of a 13.34-acre parcel located off Trestle Glen Boulevard into three lots, each to be developed with a single family residence.

The proposed lot sizes are: Lot 1 at 2.16 acres; Lot 2 at 5.52 acres; and Lot 3 at 5.56 acres. A new privately-maintained access road would end in a cul-de-sac and contain 13 common use parking spaces in addition to garage and driveway parking. Anderson stated the Staff report contains General Plan consistencies and zoning compliance. The application was consistent with the approved Precise Development Plan.

Scott Hochstrasser, representing the applicant, agreed with the Staff report, but asked for reconsideration of condition number 37 due to the fact that the project contains public trails and felt additional in lieu fees for park and recreation was double dipping. In response, Director Anderson stated there are provisions in the Tiburon Municipal Code to allow for this type of consideration. Chairman Smith requested that Staff modify the language to give the Town discretion to count some of the public amenities already being donated. Director Anderson stated at this time he was unable to calculate the fees, as they are based on an appraisal conducted at the time of the Parcel Map application, which has not been filed.

In response to Commissioner Collins, Mr. Don Henderson, owner, showed the location of the thirteen parking spaces that will be created when the access road is paved.

Chairman Smith opened the public hearing. There being no comments, he closed the public hearing.

In response to a comment by Commissioner Collins, Director Anderson stated that condition number 31 should be amended to clarify that certain portions of the CC&Rs will need Town approval to be amended. He will add to condition number 37 the following: "Public trail easements and other recreational amenities associated with the project may be considered by the Town Council as an off-set in the final determination of the applicable fees".

M/S, Stein/Snow, passed (5-0) to approve draft Resolution as amended.

 DISCUSSION ITEMS

5. LOCAL CEQA GUIDELINES UPDATE: REVIEW AND COMMENT ON PROPOSED UPDATING OF THE TOWN OF TIBURON’S LOCAL CEQA

GUIDELINES

Director Anderson stated that State CEQA guidelines encourage local communities to adopt their own guidelines to supplement and emphasize local ways of doing business; stated these local guidelines were last revised in 1991 and the law has changed in significant ways since then; in recent months the Town has been the defendant in more than one case over CEQA; Council directed Staff to revise the Guidelines, secure the comments of the Planning Commission, and then the Council will review and probably adopt them on November 6, 2002.

Anderson noted that the revised guidelines supplement portions of the State Guidelines, rather than attempt to distill them into a shorter document. Staff has streamlined the local guidelines, primarily by eliminating many of the standardized forms that are now available on the internet, but were not so available back in 1991. Staff believes that this approach is the best currently available and will reduce the potential for litigation as well as being easier for Staff, applicants, and the public to actually use.

There was discussion regarding whether there was an appeal process when a project has been determined categorically exempt by Staff, but the public or a decision-making body disagrees. Chairman Smith noted that this situation had arisen in the City of Mill Valley and had led to litigation. The Commission requested that Staff consider this concern and add their thoughts to this topic prior to submittal to the Town Council. Director Anderson responded that there are time considerations involved, but that Staff will attempt to create such a procedure before the local guidelines are forwarded to the Town Council.

Commissioner Greenberg asked who used the local guidelines. Director Anderson explained that these guidelines are primarily used by Staff during the processing of every Negative Declaration and EIR, but that applicants occasionally request copies so that they understand the local CEQA procedures.

In response to a request by Commissioner Greenberg, Director Anderson stated he would add language regarding the sending of CEQA notices to any interested party who has filed a request with the Town for such notice.

M/S, Greenberg/Stein, (5-0) to forward the above comments to the Town Council.

 ADJOURNMENT

Having no further business, the Chairman adjourned the meeting at 8:50 p.m.

______________________________

PAUL SMITH, CHAIRMAN

Tiburon Planning Commission

 ATTEST:

  _________________________________

SCOTT ANDERSON, SECRETARY 102302pcmin.doc