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Home My WebLink AboutTC Res 1999-06-16 (2) --- I"'" RESOLUTION NO. 3339 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIrnURON GRANTING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF APPLICATIONS AND APPROVING AN AMENDMENT TO THE TmURON mGHLANDS (PD #15) PRECISE PLAN, APPROVING A LOT LINE ADJUSTMENT, AND ADOPTING A MITIGATION MONITORING PROGRAM FOR THE PROJECT ASSESSOR PARCEL NOS. 34-360-11.38-182-20 & 38-322-11 WHEREAS, the Town Council of the Town ofTiburon does resolve as follows: Section 1, Findings, A The Town ofTiburon is in receipt ofan application filed by Fred Grange for an amendment to the Tiburon Highlands Precise Plan to incorporate approximately 3,23 acres of adjoining land located on a former railroad right-of-way near the end of Warren's Way into the Tiburon Highlands Precise Plan area and to create an additional building site on original Lot 15 of the Tiburon Highlands Subdivision. The Precise Plan amendment application requests amendment of the Tiburon Highlands Precise Plan adopted by Resolution No, 2535 on July 20, 1988 and subsequently amended by Resolution No. 2669 on January 17, 1990, Resolution No, 3156 on April 3, 1996, and Resolution No. 3280 on May 20, 1998. The Lot line adjustment application seeks to combine the two separate former railroad parcels adjoining the Tiburon Highlands Planned Development into existing Lot 15 of the Tiburon Highlands Subdivision, resulting in a total of two parcels instead of three. B. The Tiburon Planning Commission held a duly noticed public hearing on November 24, 1998 and heard testimony from interested persons, At its meeting on December 9, 1998, the Commission voted to deny the requested Master Plan amendment for reasons set forth in Planning Commission Resolution No. 98-24, C, The applicant filed a timely appeal of this denial on December 17,1999. 0, The Town Council held one or more duly noticed public hearings at which testimony was received and considered from interested persons. The Town Council also received and considered the report and recommendations of the Planning Commission. E, I"'" An Initial Study and a Draft Mitigated Negative Declaration for this project were prepared and circulated for review from October 30, 1998 to November 20, 1998, in conformance with requirements of the California Environmental Quality Act, The Draft Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program for the project have been prepared in accordance with the provisions of the California Environmental Quality Act. These documents adequately assess the environmental Tiburon Town Council Resolution No. 3339 1 6116199 -----~- ---~ ---~------- ------ ---~-.._------~--~-------_._- - ;'"'; impacts of the project. In addition, these documents conclude that the project would not result in any potentially significant environmental impacts that cannot be mitigated. The Initial Study concluded that all potential project impacts could be reduced to insignificant levels through implementation of the mitigation measures incorporated into the .project. The Town Council through adoption of Resolution No. 3338 has previously adopted the Mitigated Negative Declaration. F. The Town Council finds that the Precise Plan Amendment, as conditioned, is consistent with the Tiburon General Plan as follows: 1) Policy No, LU-3 of the Land Use Element of the Tiburon General Plan states that the Town shall closely consider the environmental constraints of land through the development review process in determining the location, type, and density of development. The environmental studies analyzed for this project indicate a variety of potential biological, drainage, geological and pedestrian impacts which would occur as a result of the proposed project, However, each of the identified impacts can be reduced to a less than significant level by the mitigation measures described in the Mitigated Negative Declaration. '" 2) Land Use Policy No. LU-12 states that in Planned Residential Districts, new development should be located on the least environmentally sensitive and least hazardous portions of vacant lands wherever feasible to promote sound land development and planning practices. The wetlands areas of the former railroad parcels are the most environmentally sensitive portions of the subject property. The proposed development on Lots 15A & 15B would avoid these sensitive areas and therefore is consistent with this policy. G, The Town Council finds that the proposed Precise Plan Amendment is consistent with applicable provisions of the Tiburon Zoning Ordinance in that Section 4,08,04 of the Tiburon Zoning Ordinance lists principles that must be applied in order to approve an amendment to a Precise Development. The proposed project is found to be consistent with the following principles of this Section: A) Principle (b) states that "preservation of the natural features of the land shall be achieved to the maximum extent feasible through minimization of grading and sensitive site design." The project would not alter any distinguishing natural land features on the site, and the additional grading beyond that originally considered for Lot 15 will only involve that relatively minor amount necessary to construct the two proposed houses. ,-... Tiburon Town Council Resolution No. 3339 5116199 2 -_.~----"---------'--'-'._--'--------_._---~----,----,---- ._--~--._- ..~._.- /"--.. B) Principle (d) states that "every reasonable effort should be made to preserve... mature trees [and] access corridors." Reduction of the size of the envelope for Lot 15B would preserve several mature trees that would be removed during the construction of a house within the originally proposed building envelope. Efforts could be made to recognize the pedestrian corridor along the former railroad parcels, if so desired. C) Principle (t) states that "prominence of development and construction should be minimized by appropriate location of grading and placing of buildings so that they are screened by wooded areas, rock outcroppings and depressions in topography or other features," The homes to be built on the proposed Lots 15A & 15B would be situated toward the base of the slope, helping to minimize their visibility from neighboring residences. D) Principle (p) states that "consistency with other goals and policies of the General Plan elements shall be demonstrated." As described above, the proposed project is consistent with policies of the Tiburon General Plan. H. The Town Council finds that the Lot Line Adjustment conforms with Town regulations in Section 14-11,2 (d) of the Tiburon Municipal Code in that the resulting lots would be in conformance with the zoning and building ordinances of the Town. The proposed lot line adjustment meets the required height, setback, floor area, and all other zoning standards set forth in the Tiburon Zoning Ordinance, and all development on the subject property shall conform to Uniform Building Code and other building regulations adopted by the Town ofTiburon, ,.... SECTION 2. PRECISE PLAN AMENDMENT APPROVAL. NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby grant the appeal and approves the proposed amendment to the Tiburon HigWands Precise Plan subject to the following conditions: 1, This amendment to the Tiburon Highlands Precise Plan incorporates two former railroad parcels (Assessor Parcel Nos, 38-182-20 and 38-322-11) into the area governed by the Tiburon Highlands Precise Plan and establishes a new building envelope within the boundaries of original Lot 15 of the Tiburon Highlands Subdivision, thus creating Lots 15A and 15B as depicted on the drawing entitled "Warren Court Estates (Lands of Grange)" dated December 3, 1996 and revised June 11, 1998, prepared by Lawrence P. Doyle (1 sheet)"; and further establishes fenceable areas for new Lots 15 A and 15B as shown on the drawing dated June 8, 1999 labeled "Fenceable Areas---Lots 15A and 15B of Tiburon Highlands Precise Plan". - Tiburon Town Council Resolution No. 3339 6116i99 3 ".-... 2. This project shall be modified to incorporate all of the mitigation measures set forth in the attached Mitigation Monitoring Program (Exhibit "A"); said mitigation measures are hereby incorporated as conditions of approval on the project. 3. Materials and colors used for structures shall blend into the natural environment. Colors shall be restricted to earth tone colors and materials which blend with the natural environment. 4. Landscaping shall emphasize low maintenance, drought resistant, native species around the future homes. 5. The exact size and location of the building envelopes for each parcel shall reflect the submitted plans with the exception that the western edge of the building envelope for Lot 15B shall be moved to the east to a point 10 feet beyond the drip- line for the large eucalyptus tree currently within the envelope, at a line parallel to the eastern building envelope line, This eucalyptus tree shall be preserved. 6. Maximum gross floor area for Lots 15A and 15B will each be 5,000 square feet, with 600 square feet of additional space for garage purposes. Maximum allowable height from grade shall be 30 feet, """' 7. In conjunction with recordation of the lot line adjustment parcel map, open space and conservation easements over the two existing former railroad parcels (Assessor Parcels 38-182-20 and 38-322-11) shall be offered to the Town of Tiburon for acceptance, Said open space easement language shall be reviewed and approved by the Town Attorney. Said language shall, among other things, require preservation of all mature trees on the two parcels, prohibit cultivation of grapes on the two parcels, prohibit placement of any buildings on the two parcels, and prohibit the square footage of the railroad parcels from being used toward floor area ratio calculations. The parcel map shall also include the offer of dedication of the proposed 15' wide emergency vehicle access easement over the former railroad parcels, and an offer of a public pedestrian access easement across the former railroad parcels as specified in Mitigation Measure 6.f 1. The Town ofTiburon reserves the right to reject the offer of public pedestrian easement, All offers of easement shall be irrevocable. The parcel map shall also include a note specifYing that no further subdivision of the lots will be permitted. 8. No improvements of any type including play equipment shall be permitted outside the approved building envelopes, except driveways and retaining walls associated with driveways; with the exception that fences, landscaping, and landscape features may be placed within th,e fenceable areas of Lots 15A and 15B as shown on the --. Tiburon Town Council Resolution No. 3339 6116199 4 r-. drawing dated June 8, 1999 labeled "Fenceable Areas---Lots 15A and 15B of Tiburon Highlands Precise Plan", 9, All building materials for project construction shall also be stored on-site, in locations approved in advance by the Tiburon Planning and Building Department. 10. All construction on, and landscaping of, the property shall comply with the provisions ofTiburon Municipal Code Chapter BE concerning water conservation. Compliance with these regulations shall be ensured during the Site Plan and Architectural Review and Building Permit processes, . 11, Prior to issuance of building permits, the applicant shall provide written confirmation to the Town ofTiburon Planning Department which demonstrates that the project sponsor has satisfied all conditions of the Town Engineer, Alto- Richardson Fire Protection District, Richardson Bay Sanitation District, and the Marin Municipal Water District. 12, All grading on the site shall be limited to the dry season from May 1 through October 15, unless specifically authorized by the Town Engineer after installation of appropriate precautionary measures, ,.... 13, An erosion control plan and dust control plan satisfactory to the Town Engineer shall be required prior to grading or construction on the site. 14. Graded areas shall be re-vegetated as soon as possible following completion of grading activity. The project shall comply with the requirements of the Urban Runoff Pollution Prevention Chapter 20A of the Tiburon Municipal Code. 15. All contractors and subcontractors performing work at the site shall be required by contract to halt all work within 30 yards of any archaeologically significant resource that may be uncovered during construction, until a qualified archeologist has investigated and made recommendations. Representatives of the Native American community shall be contacted in the event of such a find, 16. All previous terms and conditions of the Tiburon Highlands Precise Plan remain in effect, except as modified herein. 17. This approval shall be valid for 36 months following its effective date, and shall expire unless subsequent zoning and/or building permits have been issued pursuant to this approval. A time extension may be granted if such request is filed prior to the expiration date. - Tiburon Town Council Resolution No. 3339 6/16199 5 , - SECTION 3. LOT LINE ADJUSTMENT APPROVAL. BE IT FURTHER RESOLVED that the Town Council of the Town ofTiburon hereby grants the appeal of the Planning Commission's denial of the lot line adjustment application and approves the lot line adjustment as depicted on the drawing entitled "Tentative Map for Proposed Lot Line Adjustment, Warren Court Estates (Lands of Grange)" dated December 3, 1996 and revised June 11, 1998, prepared by Lawrence p, Doyle (1 sheet), subject to the following conditions: 1. Recordation of the lot line adjustment shall be via a parcel map approved by the Town ofTiburon, 2. This lot line adjustment approval shall be valid for one year and shall expire and become null and void unless a parcel map is recorded or an extension granted. SECTION 4. ADOPTION OF MITIGATION MONITORING PROGRAM. BE IT FURTHER RESOLVED that the Town Council of the Town ofTiburon hereby adopts the Mitigation Monitoring Program dated 11/98, attached as Exhibit UN' hereto. I"'" SECTION 5. EFFECTIVE DATE. BE IT FURTHER RESOLVED that this Resolution shall not become effective until such time as the ordinances authorizing the rezoning and master plan amendment become effective. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 16, 1999, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews, Thompson None None ATIESY & DIANE L, CRANE, TOWN CL~RK MOGENSBAC YOR TffiURON TOWN COUNC Grange.apv.res2.doc - Tiburon Town Council Resolution No. 3339 6116199 6 -_____,_~__.____..__~._____.__________.__ ._u___.____.______.~_..______._______________._____~_______