ROLL CALL        Present: Commissioners Collins, Greenberg, Snow  and Stein

Absent: Chair Smith

Ex-Officio: Planning Manager Watrous and Minutes Clerk Flanagan 

PUBLIC QUESTIONS AND COMMENTS There were none

COMMISSION AND STAFF BRIEFING

Staff Update

Commission Information items

MINUTES OF JANUARY 8, 2003    Approved as Amended

MINUTES OF JANUARY 22, 2003   Approved as Amended

PUBLIC HEARING

65 MONTEREY DRIVE; AMENDMENT TO CYPRESS HOLLOW PRECISE DEVELOPMENT PLAN (PD #45) TO EXEMPT A PORTION OF LOT 43 FROM THE NON-DEVELOPMENT PRIVATE OPEN SPACE AGREEMENT FOR THIS SUBDIVISION; ECKHARD EVERS, OWNER; ASSESSOR’S PARCEL NO. 34-395-04               Denied 4-0-1

ADJOURNMENT 9:05 PM a021203

Future Agenda Items:

R-2 Zone Review

1505 Tiburon Boulevard, Tiburon, California

 ROLL CALL

Commissioners Present: Vice-Chair Snow, Commissioners Collins, Greenberg and Stein

Commissioners Absent: Chair Smith

Staff Present: Planning Manager Watrous and Meeting Recorder Flanagan

PUBLIC QUESTIONS AND COMMENTS

Lee Schubert, 5047 Paradise Drive, asked about side yard setback variances and approvals. Planning Manager Watrous responded that the Design Review Board addresses variances; Staff encourages variance applicants to contact neighbors to arrive at an amenable solution, to address concerns of neighbors on the affected side. The Design Review Board approves such variances if appropriate findings are made and pays attention to neighbors’ concerns. He recommended she contact Staff at Town Hall for more information.

COMMISSION AND STAFF BRIEFING

Planning Manager Watrous noted that the review of the R-2 zoning requirements would be held at the next meeting, with a draft Resolution of Intent to begin the zoning code amendment process.

1.    Minutes of January 8, 2003

Changes include:

Page 3, to state, "…units without a mechanism for ensuring the space will be used as a secondary…"

M/S, Stein/Greenberg, passed 4-0-1 (Smith absent) to approve the minutes of January 8, 2003, as amended.

2.    Minutes of January 22, 2003

Changes include:

Page 6, 6th paragraph, 6^th line to state, "…Vista Del Mar Lane, which is a substandard street in terms of parking and access."

Page 6, 6th paragraph, 8^th line to state "might be appropriate under limited circumstances to allow two buildings…"

PUBLIC HEARINGS

3. 65 MONTEREY DRIVE; AMENDMENT TO CYPRESS HOLLOW PRECISE DEVELOPMENT PLAN (PD #45) TO EXEMPT A PORTION OF LOT 43 FROM THE NON-DEVELOPMENT PRIVATE OPEN SPACE AGREEMENT FOR THIS SUBDIVISION; ECKHARD EVERS, OWNER; ASSESSOR’S PARCEL NO. 34-395-04

Planning Manager Watrous reviewed the Staff report.

Commissioner Stein asked if changes, whether permitted or not, have been made on the private open space area and if the level area exists naturally or is a result of rather substantial grading. Planning Manager Watrous responded, stating that existing landscaping was eliminated at the rear of the property and there has been some grading. Dirt from the home was moved to the area, which covered the grassy area in the back and several trees were removed. He does not know if the level area was a result of the grading. The Town required the entire rear area to be re-seeded with native grasses and the area kept in an open condition.

Eckhard Evers, owner, stated when he purchased the property, the lot was in an unincorporated portion of Marin County and covered with Scotch broom. He said that he only removed trees with a Town permit. He said that he did not know he was not to put dirt from his excavation in the open space but when he learned of this, he trucked the dirt off. He stated that the Building Official had inspected the site to ensure enough dirt was removed, and the land was re-seeded per the Town’s request. He admitted that he did a little grading on one part of the open space to get a flat area. When he bought the land, there was a flat area in the rear that he assumed was for fire truck access. He would like to have a flat area for a children’s playground, and re-landscape the rest of the site to its natural state. He said that all of his Cypress Hollow neighbors support his request. Two other neighbors, Mr. Fanning and Mr. Abraham, are the only ones who can see the lot, and Mr. Abraham supports his proposal.

Mr. Evers stated that he would like to replace the existing construction fence along his northern property line. He wondered why this application was necessary, as the Cypress Hollow CC&Rs state that 75 percent support is needed for an amendment, and he has 100 percent support. He noted that two other lots in the subdivision received approval from Marin County to landscape private open space. He does not plan to install hardscape or a swimming pool in this area, and is willing to plant trees that Mr. Fanning wants. He does not understand why the eucalyptus groves should be required to remain.

Steve Merch, architect, stated his sense was the landscaping would act as a visual buffer. He stated that Mr. Evers started to grade the pad, then requested the Town’s permission to grade. He described the proposed walls as low structures at a 2:1 fill slope, four to six feet wide, intended to prevent erosion. He said that this project would not affect the eucalyptus grove. He also stated that this work would not disturb anyone’s views, ridgelines, significant vegetation or sensitive areas, because the corner of the subdivision is bound by fencing.

The public comment period was opened.

Branwell Fanning, 67 Via Los Altos, stated he is surprised at what he just heard. He distributed photographs showing the amount of fill removed, machinery used, eucalyptus trees removed, and approximately 55 cubic yards of fill removed. He described the history of this subdivision, noting that the subdivision was approved by and built in the county. He stated that the approval for the Cypress Hollow Precise Development Plan required the existing eucalyptus trees to remain. He said that other neighbors have similar private open space which they would like to eliminate, and therefore they approve of Mr. Evers’ application. He said that approving this request would set a serious precedent, as the issue of open space is why Tiburon became a town. He felt that this area should have been restored to its original state. He was concerned that once the open space restrictions are lifted from this land, anything could be built there. He said that people understood the open space restrictions when they bought their lots.

Commissioner Stein asked Mr. Fanning if he could think of changes that would please both Mr. Fanning and meet the strict definition of open space. Mr. Fanning responded that he would like trees planted at random to grow tall to bring the return of the bird habitat. He felt that this should not look like a formal garden. He asked that the area be returned to what it was originally, perhaps with alternative trees instead of the eucalyptus.

Mr. Evers stated the old construction fence has always been there. He does not intend to make the area ugly and certainly would not put a pool there. He has three letters from upper adjacent neighbors who support his project.

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

Commissioner Stein asked if the applicant had complied with the five directives in Mr. Bloomquist’s August, 2000 letter. Planning Manager Watrous responded that the applicant had complied, and added that there are no outstanding tree permits on the site.

Commissioner Greenberg asked if there is any legal standing for the construction fence. Planning Manager Watrous responded that the fence appears to predate the subdivision. He added that with county records, it is difficult to know if a permit was issued for the fence.

Commissioner Stein stated he is a little puzzled what Mr. Evers is seeking and why. He said that the Town often assumes anything that violates open space is not appropriate, to which he concurs. In this case, he is not sure whether the existing landscaping and trees need to be preserved. He is also concerned about changing natural areas to more improved space, as this diminishes the integrity of the open space.

Commissioner Greenberg stated the CC&Rs can be changed by owners; but nothing can be changed regarding the open space unless the precise development plan is changed. When the subdivision was approved, it was hotly debated and she is reluctant to change the historic, careful reasoning of that which was created without a compelling reason. Although she is not a big fan of eucalyptus trees, these trees provide benefits for homes some distance away. The groves and the creek in particular were protected and are important. She found a play area virtually under the eucalyptus difficult to understand. She thought that these trees will eventually come out, either legally or illegally, if a play area is constructed right up against the grove. She said that this area is not back to its natural condition. She could see allowing enhancements to the native vegetation, but a play area would be dangerous. She said that sowing seed is not enough to restore native vegetation, and that the applicant has not made sufficient effort in this regard. Also, if this request is approved, many other neighbors will want to eliminate their open space, as indicated by the previously withdrawn application to the Town. She felt that approving this would set a very bad precedent.

Commissioner Collins stated that this request would be the beginning of piecemeal requests for exemptions. He felt that this request is inconsistent with the underlying policies of the Cypress Hollow Precise Development Plan and is inconsistent with CC&Rs. Although this is in a corner where this land would not be visible to most neighbors, he thought that this would be a bad precedent.

Commissioner Snow noted that Marin County requires that all open space be kept in a natural condition, as stated in the recorded document with the County. Private open space has been a component of this subdivision and many other projects, and to allow that to be compromised, even on a small space, is not his role in representing the Town. Much consideration is given to projects and he felt that it would be wrong to decide in one evening to change what took many hearings to institute, without a compelling safety or health consideration. To some people, it has no meaning if the open space were changed; however, for those living above Mr. Evers’ property, he thought that there are preservation and visual issues.

Commissioner Stein stated that clearly, the way the property looks today is not acceptable. He said that either things need to be undone or something new should occur. He said that this is currently not a natural configuration, and that restoring this to its true open space condition and allowing the planting of some trees has a certain appeal. However, this restoration and planting is not what is being requested.

In response to questions, Planning Manager Watrous stated the intent is to keep the open space in a natural condition, and if that is the intent of the Planning Commission, this language would still apply to the property. If the Planning Commission would like the site to be in a more natural condition, this would be a code enforcement issue.

Commissioner Stein asked how the Planning Commission can deny the application but encourage applicant to make the changes that should be made. Planning Manager Watrous responded that an application to plant native trees, etc., would be reviewed and approved at the Staff level. Language could state that the Planning Commission feels the agreement should continue to apply to the property and applicant should be encouraged to landscape in a manner consistent with that, and applicant could complete substantial improvements as long as they are consistent with native landscaping. Staff could review a plan with native vegetation to determine if it complies with the Cypress Hollow Precise Development Plan.

M/S, Collins/Greenberg, passed 4-0-1 (Smith absent), to direct Staff to prepare a resolution denying the application.

Mr. Fanning suggested that clarifying language as to what could be done on private open space be included in the new General Plan.

ADJOURNMENT

The meeting was adjourned at 9:05 p.m.

 ____________________________

PAUL SMITH, CHAIRMAN

Tiburon Planning Commission

ATTEST:

____________________________________

SCOTT ANDERSON, SECRETARY