PLANNING COMMISSION

ACTION MINUTES

January 08, 2003

Regular Meeting – 7:30 PM

Town Council Chambers

1505 Tiburon Boulevard, Tiburon, California

ROLL CALL 7:30 PM                                                                   ALL COMMISSIONERS PRESENT

PUBLIC QUESTIONS AND COMMENTS

COMMISSION AND STAFF BRIEFING

Staff Update

Commission Information items

CONSENT CALENDAR

1.    MINUTES OF NOVEMBER 13, 2002                                ADOPTED AS CORRECTED 5-0

DISCUSSION ITEMS

2. STATUS REPORT ON MAJOR DEVELOPMENT APPLICATIONS (SA)   RECEIVED REPORT

3.    STATUS REPORT ON GENERAL PLAN UPDATE PROCESS (KB)           RECEIVED REPORT

4.    NEW STATE LAW REGARDING SECONDARY DWELLING UNITS (KB) RECEIVED REPORT

REVIEW AND COMMENT

5. FURNITURE SUPPLEMENT TO DOWNTOWN DESIGN HANDBOOK (SA)

       COMMENTS FORWARDED TO TOWN COUNCIL

G. ADJOURNMENT    8:40 PM                                                                                                                                                 a010803

Future Agenda Items:

R-2 Zone Review of Section 2.05.01 (2)

65 Monterey Drive , Precise Plan Amendment

MINUTES NO. 871

PLANNING COMMISSION

January 8, 2003

Regular Meeting

Town Council Chambers

1505 Tiburon Boulevard, Tiburon, California

ROLL CALL

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

Community Development Director Anderson, Advance Planner Bryant, Meeting Recorder Flanagan

PUBLIC QUESTIONS AND COMMENTS

Mayor Slavitz introduced himself; noted his participation on the LAFCO Sphere of Influence Committee; and discussed the upcoming annual workshop. He said that he was looking forward to working with the Commission and toward a good and productive year.

COMMISSION AND STAFF BRIEFING

With respect to future agenda items, Community Development Director Anderson reported that 65 Monterey Drive will not be heard at next meeting, but that the R-2 zone discussion could be lengthy.

Commissioner Stein noted that a public workshop on San Quentin Reuse will be held on January 11, 2003.

CONSENT CALENDAR

1. MINUTES OF NOVEMBER 13, 2002:

Changes include:

Page 2, 6th paragraph, last sentence to state, "…the public should be able to provide input on the Precise Development Plan not just at the Design Review Board meeting."

Page 4, 4th paragraph, complete the first sentence.

Page 4, 8th paragraph, delete the second "that."

Page 6, second paragraph, 5th line, to state, "…complied with and the fact that the writ is putting…"

Page 7, 2nd paragraph to state, "In response to Mr. White’s comments….he hears Mr. White saying that it is a no-brainer….the Staff does not appear to support this conclusion."

Page 9, 4th paragraph, second line, insert "that" before "a decision." Last line, change "heard" to "received and commented upon."

M/S, Stein/Snow, passed 5-0, to approve the minutes as amended.

DISCUSSION ITEMS

2. STATUS REPORT ON MAJOR DEVELOPMENT APPLICATIONS

Community Development Director Anderson reviewed the Staff report.

Commissioner Greenberg noted the Martha Company site should be 110 acres instead of 125 acres.

In response to questions about the Tiburon Glen deadline, Community Development Director Anderson stated that additional materials have been distributed to the EIR subconsultants and their evaluations are being completed. It will be some time in February before the response to comments document will be completed. It is anticipated that the Town will need to ask the judge for more time to complete the EIR process.

In response to a question, he said that the Town has not yet received direction from the Easton Point project applicants to begin processing that project again. He also noted that there is concern by the sanitary district (District #5) that there will not be adequate capacity and it may deny additional hook-up requests for properties along Paradise Drive. There is no formal moratorium in place.

Bill McLaughlin, representing the Sorokko Trust, stated he disagrees with Staff’s conclusion that the Sorokko application has been withdrawn. Issues raised by the EIR consultant have been addressed. The applicant’s law firm will respond to Staff’s letter next week. The application should be presented to the Commission in the next few months. Regarding Commissioner Greenberg’s question about the sanitary district hook-up issue, McLaughlin stated that there are about 29 additional hookups for the new private line. The sanitary district has tabled discussion on pending applications while options are determined as to remaining capacity.

3. STATUS REPORT ON GENERAL PLAN UPDATE PROCESS

Advance Planner Bryant reviewed the Staff report. He noted the Housing Element will require environmental review because zoning changes will be necessary. Because of the state’s favorable comments, the Town may complete the Housing Element on its own, not combined with the General Plan update. The shortest timeframe for this is six months. If adopted as part of the comprehensive General Plan update, it may go into next year.

 4. NEW STATE LAW REGARDING SECONDARY DWELLING UNITS

Advance Planner Bryant reviewed the Staff report.

Regarding impacts in Tiburon, Community Development Director Anderson stated he believes there will not be a great number of applications filed in response to the new law, but that a small initial surge could possibly occur.

Commissioner Greenberg asked if there is any requirement that a second unit be rented. Community Development Director Anderson responded the Town will have the ability to require this on its checklist. He further stated that the law is not clear yet and a number of issues, such as whether design review can be required, are not explicitly addressed in the law.

Commissioner Stein stated the law could make secondary dwelling units more difficult because towns could preemptively foreclose concerns. The Town will have to see which discretionary items are difficult, and requirements may have to be toughened. Community Development Director Anderson noted that some communities could choose to create an onerous checklist that could act to prevent secondary dwelling units. In response to a question, he stated that existing legal secondary dwelling units will stay on the books. This law affects only new applications, and does not attempt to be retroactive. The Town could choose to limit the number of zones in which secondary dwelling units are allowed.

Commissioner Stein asked if stricter requirements for secondary dwelling units will affect the Housing Element. Community Development Director Anderson responded that the Town has not relied heavily on secondary dwelling units to meet its regional housing needs in the draft Housing Element. He added that in planned development zones, where essentially all future subdivisions are located, the ability to propose secondary dwelling units is usually specified in the Precise Development Plan.

Commissioner Greenberg stated that the Town should not allow square footage for secondary dwelling units without a mechanism for insuring the space will be used.

Advance Planner Bryant suggested the Town could establish regulations to not allow FAR exceptions or variances for secondary dwelling units.

Chair Smith noted that policing mechanisms for secondary dwelling units are cumbersome, especially if affordability is involved.

REVIEW AND COMMENT

5. FURNITURE SUPPLEMENT TO DOWNTOWN DESIGN HANDBOOK

Community Development Director Anderson reviewed the Staff report.

Commissioner Greenberg voiced dislike for the table and chair on page 29 and the chair on page 34. It was the consensus of the Commission to remove these.

In response to questions regarding implementation, Community Development Director Anderson stated Staff will look at each application’s proposed furniture to determine if it is compatible with the guidelines. The supplement offers up-front guidance with the main emphasis on avoiding low quality street furnishings and ensuring compatibility.

Commissioner Stein stated he is surprised there are no well-known names on this list, such as Brown-Jordan, and added he would not want anyone to have difficulty using top-of-the-line furniture that is not mentioned in the guidelines. Anderson replied that the examples in the supplement are a "guide" only; the Town is after quality and compatibility and does not care about who manufactures the product.

ADJOURNMENT

There being no further business, Chair Smith adjourned the meeting at 8:20 p.m.

 ___________________________

PAUL SMITH, CHAIRMAN

Tiburon Planning Commission

ATTEST:

 __________________________________

SCOTT ANDERSON, SECRETARY