HomeMy WebLinkAboutTC Res 1980-09-17
RESOLUTION NO. 1113
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON APPROVING THE NORTHWESTERN PACIFIC TENTA-
TIVE MAP
1. The Northwestern Pacific Railroad Company, acting through
its representative the Southern Pacific Development Company (appli-
cant), has heretofore submitted a Master and Precise Plan for the
development of approximately 38 acres of land owned by it in the
downtown area of Town which said plans have been approved.
2. Applicant has submitted for approval a Tentative Subdivi-
sion Map consisting of seven (7) sheets dated in consecutive order
as follows: Sheet No.1, Revision 5, dated August 15, 1980;
Sheet No.2, Revision 6, dated August 26, 1980; Sheet No.1, Revision
2, dated June 4, 1980; Sheet No.4, Revision 3, dated July 30, 1980;
Sheet No.5, Revision 3, dated August 15, 1980; Sheet No.6, Revision
4, dated August 15, 1980, and Sheet No.7, Revision 5, dated August 15,
1980, and identified as "Tentative Map for Lands of Northwestern
Pacific Railway Company" by Jones-Tillson & Associates.
3. Certain matters relating to the development hereinafter
set forth, were reserved for final action and determination until
the time of the submission of the Tentative Map. Applicant
and Town now desire to resolve these outstanding matters.
4. The Planning Commission (Commission) has held a duly noticed
public hearing to review the Tentative Map and to make said
recommendations thereon to the Town Council (Council), as they
deemed appropriate and necessary.
5. The Commission found the Tentative Map, as conditioned,
to be satisfactory and adopted its Resolution No. 291 recommending
Council approval.
6. T~e Council has held a duly noticed public hearing in
connection with the recommendations of th~ Commission, as required
by law, and has considered all public input at said hearing.
NOW, THEREFORE, BE IT RESOLVED, that the Tentative Map
is approved subject to the following terms and conditions:
(1) In order to comply with Master Plan Ordinance No.
219 N.S. (Sections 2(6) and 2(7)), applicant shall, prior to
Draft Date 9/12/80
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issuance of any building or grading permit and as otherwise
stipulated herein, contribute the following amounts:
(a) The sum of $403,235, which is the applicant's
proportionate share of the traffic improvements as estimated
in the attached Exhibit A, shall be deposited into the
Town's Traffic Improvement Fund. This contribution shall
be credited toward any obligation imposed by an later
adopted Ordinance which requires developers, including the
applicant, to contribute to arterial traffic improvements
in the Town.
(b) Should the Town receive additional funding for said
improvements, or part thereof, from any governmental agencies,
such additional funding shall be refunded to the applicant
in proportion to the percentage of the applicant's contribu-
tion to the total Traffic Improvement Fund, after appropriate
adjustment to reflect inflation following April 1, 1981, as
measured by the Engineering News Record Cost Index, or to
reflect actual costs incurred which are higher than the Town
Engineer's estimates. In addition, if the Town determines
within the 5-year period of the letter of credit that any
improvement listed under Priority IV of the attached Exhibit
A should not proceed, then the applicant's proportionate
share of the cost of such improvement as estimated by the
Town Engineer shall be refunded to the applicant as provided
under paragraph 2(b). No other portion of the applicant's
contribution to the Traffic Improvement Fund shall be
refundable.
(2) In addition to the contribution set forth above, the
applicant shall post an unconditional letter of credit in the
amount of $948,995 for the purpose of satisfying its obligation
under Section 2(7) of Ordinance No. 219 N.S. The Town
may immediately draw upon such letter of credit to construct any
of the traffic improvements listed in Exhibit A, or any other
unanticipated arterial traffic improvements which it determines
should proceed, as set forth in Section 2(7) of Ordinance No.
219 N.S., subject also to the following:
(a) The letter of credit required herein may be drawn
upon for such improvements as are determined by the Town
to be necessary within a period of five (5) years from the
date of substantial completion (defined as completion of
eighty percent (80%) of building floor area) of the project.
(b) Contributions received for the same improvements
from governmental agencies, assessment districts and other
developers shall be credited towards the letter of credit, if
received no later than fifteen (15) years following expiration
of said letter of credit, and after adjustment for inflation
following April 1, 1981, as measured by the Engineering
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News Record Cost Index, or to reflect actual costs incurred
which are higher than the Town Engineer's estimates.
(c) Specifically for the purpose of satisfying the
California Department of Transportation (CAL/TRANS) that
funds will be available in the immediate future for the
installation of traffic signals at Greenwood Beach Road
and Tiburon Boulevard, the applicant shall, as a condition
of approval of the Tentative Map, provide a written
agreement acceptable to the Town Attorney and to CAL/TRANS
to advance the sum of $120,000 for these signals at such time
as is required by CAL/TRANS. Said sum to be credited against
the $403,235 contribution provided for in paragraph l(a).
In additiciri, if, and when needed, Applicant shall advance up
to the sum of $84,000 to Qe credited aqainst its letter of
credit obligation, if' and when, the Town commences construction
of improvements whose total cost exceeds $403,235.
(3) The following shall satisfy the requirements of paragraph
3q of the Master Plan, and the Precise Plan:
(a) Applicant shall provide 12 I-bedroom and 8 2-bedroom
units. The total square footage shall be not less than
12,108 with the I-bedroom units averaging approxiamtely 550
sq. ft. and the 2-bedroom units averaging approximately 750
sq. ft.
(b) The Town, or its designee, shall approve the
eligibility requirements for purchase of the units.
(c) Applicant shall set the maximum unit selling price
based upon a 15% down-payment, so that the annual installment
payments of principal, interest, taxes, insurance and
homeowners fees shall not exceed 35% of the gross annual
income as follows.
Number of Persons
(For Income
Calculations only)
Moderate Income (As Defined
from Time to Time by the
Marin County Housing Authority
Unit Size
1 bedroom
2 bedroom
1
3
100% Median
105% Median
(d) Applicant shall prepare appropriate deed restrictions
to be submitted with the Final Map, subject to approval by
the Town Attorney, with particular attention directed toward
avoidance of resale speculation.
(e) In recognition of the moderate income nature of the units
Town Will initiate proceedings to waive the building, electrical,
plumbing and mechanical fees required for the 20 moderate
income units and will support the applicant in attempting to
secure reduced utility connection fees for the said moderate units.
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(4) The Master Plan provides that Applicant shall be liable
for marsh restoration and preservation, and further provides that
Applicant must maintain the marsh once it is restored. In lieu
thereof, Applicant proposes to pay to Town the sum of $266,000,
and in consideration thereof, Town proposes to assume responsibility
for said restoration and maintenance. Town shall use its best
efforts also to acquire adjacent properties, if possible, necessary
to complete said marsh restoration. Town accepts Applicant's
proposal in fulfillment of Applicant's obligations concerning
said marsh restoration and preservation under the Master Plan. In
consideration herewith, a written contract shall be entered into
between Town and Applicant, in a form to be agreed upon by and
between Town and Applicant hereafter, approved by Town Attorney
and Council, setting forth the agreement of the parties in this
regard. All excavation, as needed, for flood control purposes
shall be performed and paid for by Applicant and approved by
Town Engineer and shall include Applicant responsibility for all
pipes, structures, and/or equipment necessary and incident to
said flood control work. In addition, Applicant shall bear the
cost of removing all spoils taken from the marshland dredging
and thereafter deposited onto adjacent areas.
(5) The Master Plan provides that Applicant must grade the
flood plain area and plant it with appropriate grass and ground
cover in order to accommodate public recreation. Applicant has
proposed that it pay Town the sum of $120,000 and that in
consideration thereof, Town assume responsibility for such required
action. Town accepts Applicant's proposal in fulfillment of
Applicant's obligation under the Master Plan. In consideration
herewith, a written contract shall be entered into between Town
and Applicant, in a form hereafter agreed upon between Town and
Applicant, and to be approved by Town Attorney and Town Council,
setting forth the agreement of the parties. Excavation of the
flood retention pond, under the supervision of the Town Engineer,
shall be the obligation of the Applicant. Applicant shall pay
for necessary water hook-up fees for the irrigation system, for
the multi-use path within this area, and shall remain solely
responsible for rough-grading as specified above, the area to be
ultimately planted and landscaped by Town. The southerly edge
of the marsh water area, at normal water level, shall be no
closer than approximately 260' to the south property line of
Parcel 10, except where adjacent to Mar West Road, where the
normal water edge may be as much as approximately 50' from the
edge of Mar West Road pavement.
(6) The following shall satisfy the requirements of paragraph
3.0 of the Master Plan.
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(a) Public Parking (Spaces Dedicated to Town- Public/Free)
Tennis Courts
Donahue Building
Mar West Turnaround
23
11
8
42
(b) Fee Lot (Spaces Maintained by Applicant - Public/Fee)
Retail at 4 spaces per 1,000 sq.
ft. net space, 11,059 net sq. ft. 44
Office at 3.3 spaces per 1,000
sq. ft. net space, 13,515 sq. ft. 45
Commuter 125
Undesignated 39
253**
(c) Residential (Private)
Bayside Residential:
Covered
Open (Guest)
62
75
Lagoon Residential
Garages
Open (Guest)
72
47
Marsh Residential
Garages
Open (Guest)
32
29
317
Minimum Total Parking provided*
612 spaces
*
The ratio of compact spaces to full sized spaces, as
defined,by Town's Parking Ordinance, may be further
increased to 1:1, throughout the project~ thereby increasing
the number of spaces provided.
Plus or minus (+) adjustment of 3 spaces is allowed
so as to provide bicycle and motorcycle racks/spaces.
A ratio' of '6ompa~t spaces to full size spaces of 1:1
is included in the fee lot spaces.
**
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Commuters
125 spaces will be reserved Monday through Friday
(excluding holidays) for purchasers of a monthly
parking permit. No more than 125 permits will be
sold.
Preferential Parking
Residents of Tiburon will be given first preference
on the purchase of monthly parking permits.
Handicapped Parking
Four spaces shall be made available for handicapped
parking. These will be appropriately signed, and
adjacent to curb cuts with maximum 8% gradient.
Bicycle and Motorcycle Racks/Spaces
Space for 50 bicycles shall be provided with lock-
able racks. Parking for 10 motorcycles will be
provided in the fee lot. The bicycle parking will
be located in the fee lot and near the entry to
the shoreline park.
Loading Zones
Two commercial loading zones will be provided to
be reviewed and approved by the Town Council.
Lot Administration
It is anticipated that the new fee parking
lot will be administered in a manner similar to the
current metro lot where a parking lot attendant is
employed.
This condition in no way precludes dedication of or
lease of the parking lot to the Town following con-
struction upon mutual consent of applicant and the
Town.
(7) Unit numbers 39 through 56 shall be moved farther away
from the shoreline as much as is feasible, but shall be no closer
than 150 feet from the Mean Sea level line. The end units, Nos.
60-62 may be moved slightly closer towards the shoreline than
shown on Sheet 7 of the Tentative Map drawings dated August 15,
1980, as may be required for adequate clearance from Mar West.
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(8) In exchange for the use of Parcel 8B for the purpose
of the roadway connecting Beach Road and Esperanza, the Appli-
cant shall provide an easement not to exceed 12 feet in width
along the property line adjacent to the existing laundry building
on Tiburon Boulevard, for the purpose of access and deliveries.
(9) Prior to issuance of any grading or construction permits
affecting the use of existing parking, the Applicant shall submit
for Town approval an interim parking plan.
(10) Lift stations and other such mechanical devices and
equipment shall be either installed below grade or, where such
is not feasible, shall be screened from view by earth berms or
fully opaque fences, and not solely by landscaping.
(11) Wherever the edge of a roadway is to be used as a
designated bicycle path, such as on Paradise Drive, the asphalt
pavement shall be carried across the heel of the concrete curb
to provide the full required bicycle path width free of
longitudinal joints or cracks, or by such other method as may be
approved by the Town Engineer.
(12) A pedestrian path and/or steps shall be added to the
Tentative Plan Map Drawing Sheet No.7, connecting Mar West with
the new multi-use path located approximately behind Unit No. 27,
so as to connect with the existing pedestrian path next to the
present 1897 Mar West location. The existing path near 1833 Mar
West and as indicated on Sheet No.6, shall be changed. The exist-
ing path at Esperanza and as shown on Sheet No.5, shall be retained.
(13) No fences other than those approved by the Town Council
shall be constructed.
(14) The General Notes on Sheet No. 2 of the Tentative
Map drawings shall be revised as follows:
(a) Note 9 shall be revised to read: Public and
private street names and plazas will be submitted to the
Planning Commission and Heritage Commission for recommenda-
tions, and to the Town Council for approval.
(b) Note 25 shall be revised to add: "public" before
"access".
(c) Note 28 shall be revised to read: "Lagoon drainage
and circulation features shall be constructed by subdivider,
and maintained by the subdivider for a period of two years
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from and following the date of issuance of Town Notice of
completion of the Lagoon improvements; thereafter, the Lagoon
improvements shall be the responsibility of the Homeowners
Association."
(d) Note 5 shall be revised to read: "Fire hydrants and
all other requirements of the Tiburon Fire Protection District
shall be complied with."
(e) Note 38 shall be revised to add: "Subject to the approval
of BCDC, if required, the waterfront embankment shall be so repaired
or reconstructed as to provide a distance of no less than 50'
between the edge of the Paradise Drive pavement and the top edge
of the water-front embankment at any point between the Donoahue
Building and the proposed new traffic circle at the fee lot
entrance. In the event approval of BCDC is necessary, subdivider
will use all best efforts to obtain same."
(f) Note 22 shall be revised to add: "By subdivider"
between the words "developed" and "as condominiums", in the
first line of said note.
(g) Note 41 shall be added to read as follows: "As used herein,
the word 'subdivider' shall mean Northwestern Pacific Railraod
Company, 'Southern Pacific Development Company', or any parent,
subdidiary, or affiliate corporation, or any joint venture
in which Southern Pacific has a controlling managerial interest,
or any such other transferee as shall be acceptable to Town."
(15) A total of 5% of the units in the proposed development
are indicated available for handicapped access design. The developer
and his architect, Fisher-Friedman Associates, AlA shall submit
the following proposed advertising plan to inform the public of
the availability of these units in conformance with Ordinance No.
219 N.S. which approved the Master Plan.
(a) During preliminary design, the developer and architect
will select which units are suitable for handicapped modification.
Not all unit types will be available. Types E, F, K and L
are all townhouse (2 story) units and thus are inherently
incompatible. Types B, C and I only occur on the upper floors
of the building and thus are not suitable. Thus, Unit types
A, D, G, Hand J shall be selected for handicapped availability.
(b) These units shall be advertised in the following ways,
among others, to be chosen by applicant:
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(i) Newspaper: Advertising would be placed in the
IJ, Ark and San Francisco Chronicle and Examiner. This
shall include a description of unit types, approximate
prices and description of the project in general.
A contact person and address and telephone number shall
be provided for inquiry. Any such public advertising
cannot be commenced until the Project receives State
Department of Real Estate approval.
(ii) Contact with agencies serving the handicapped:
The architect shall send a letter to all of the agenices
designated by Marin County as primary agencies which
work with the handicapped. These letters shall contain
information about the units and their prices. A flyer
will be included for agency use. Follow-up contact will
be made with each agency by Applicant.
(7) All other requirements and conditions of the Master
Plan and Precise Plan shall form a part of the Tentative Map except
as may be specifically changed or deleted herein.
PASSED AND ADOPTED at a regular
of the Town of Tiburon on September 17
vote:
meeting of the Town Council
, 1980, by the following
AYES: COUNCILMEMBERS: Edelstein, Bergsund, Hanson
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Rockey, Bass
ATTEST:
~N~CE MAYOR
Town of Tiburon
R.
Draft Date: 9/12/80
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EXHIBIT "A"
ESTIMATE OF TRAFFIC IMPROVEMENT COSTS
I. IMMEDIATE PRIORITY
1. Greenwood Beach Traffic Signals
$120,000
II. SECOND PRIORITY
2. Stewart Drive Stage I
(intersection road work only -- no
signals)
116,400
3. Miraflores intersection improvements
10,000
4. Rock Hill Road Stage I
(intersection/approach road work only
-- no signals)
79,800
5. San Rafael Avenue (intersection improve-
ment and signals) 112,000
6. Lyford Drive (intersection, improvements
and signals) 103,000
TOTAL PRIORITIES] AND II:
$541,200
III. THIRD PRIORITY
7. Downtown Tiburon Boulevard
Total excluding SP's work
$389,800
(93,000)
Less Planting, sidewalks
$296,800
8. Shoulder widening in vicinity of
Palmer
51,300
TOTAL PRIORITY III:
$348,111
SUBTOTAL PRIORITIES I - III:
$889,300
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IV. FOURTH PRIORITY
9. Stewart Drive Stage II (Traffic Signals)
10. Rock Hill Road Stage II (Traffic Signals)
11. Trestle Glen - Reed Ranch Road (second
west-bound lane)
SUBTOTAL
SUBTOTAL ITEMS 1-11
12. Contingency for other unanticipated
work or cost overruns
TOTAL PRIORITY IV (Items 9, 10, 11 & 12)
TOTAL PRIORITIES I - IV
(Estimated escalation is included through April 1, 1981)
A. SP Contribution to Traffic Fund
29.82%* X $1,352,230
= $403,235
B. Letter of Credit
Total estimated cost of
Priorities I - IV:
$1,352,230
Less contribution to Traffic Fund
403,235
Letter of Credit:
$ 948,995
* See attached computation of sharing percentage.
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$
85,000
85,000
170,000
$ 340,000
$1,229,300
$ 122,930
462,930
$1,352,230
EQUIVALENT UNITS, FOR COMPUTATION OF TRAFFIC FUND(*)
TOTAL BUILDOUT ( i n Tiburon only):
Residential 724 d.u. x 0.969 = 711.2 equiv. u.
Retail 12.287 ksf x 5.135 = 63. 1 equiv. u.
Office 23.017 ksf x 2.030 = 46.7 equiv. u.
821.0 equiv. u.
Southern Pacific
Residential 156 d.u. x 0.969 = 151.2 equiv. u.
Reta i 1 12.287 ksf x 5.135 = 63. 1 equiv. u.
Office 15.017 ksf x 2.030 = 30.5 equiv. u.
244.8 equiv. u.
Ratio, SP/Total = 244.8/821.0 = 29.82%
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(*) (Based on peak hour trips, per S. Bala 4/25/80)
Residential: 805 x 1104% = 0.969 trips/unit
Retail: 79.0 x 605~ = 5.135 trips/l,OOO SF
Office: 14.0 x 1405~ = 2.030 trips/l,OOO SF
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