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HomeMy WebLinkAboutTC Res 2019-06-05 (3) RESOLUTION NO. 18-2019 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE APPROVAL, OF SITE PLAN AND ARCHITECTURAL DRAWINGS FOR THE BELVEDERE-TIBURON LIBRARY EXPANSION PROJECT ON PROPERTY AT 1501 AND 1505 TIBURON BOULEVARD BY ELIMINATING CONDITION OF APPROVAL NUMBER 5 SET FORTH IN TOWN COUNCIL RESOLUTION NO. 55-2011 (APN 058-171-92, 93, & 94 AND A PORTION OF 058-171-62) WHEREAS, the Town Council for the Town of Tiburon approved a General Plan Amendment for the expansion of the Belvedere-Tiburon Library (hereinafter the "Library") on November 22, 2011, by approving Resolution No. 55-201 1. WHEREAS, a final environmental impact report (FEIR) for the Library expansion project was certified by the Town Council on October 5. 2011. Town staff reviewed the proposed scaled-back project with respect to environmental impacts associated with the originally-approved project, and determined that an addendum (July 2018) to the certified EIR was appropriate under provisions of the California Environmental Quality Act (CEQA). WHEREAS, the FEIR and Mitigation Monitoring and Reporting Plan included a mitigation measure which reduced any potentially sigi ificant impacts to traffic to less than significant levels. This mitigation measure (Mitioation Measure Trans-8) provides "[t]he intersection of Mar West Street and Tiburon Boulevard satisfies a peak hour traffic signal warrant [under the cumulative buildout scenario] and shall be included in the ]'own's list of intersections that are considered for traffic signal installation. The Town shall employ their own criteria, for ranking and prioritization, including other signal warrants and accident history, when considering the need and timing for traffic signal installation." WHEREAS, on May 1, 2019, staff provided a status on the conditions of approval for the Library Expansion project. After considering the item. Council directed staff to notice a Public Hearing to consider whether to eliminate or revise Condition 5 of Resolution No. 55- 2011. WLIEREAS, Condition 5 of Resolution No. 55-2011 provides that "[p]rior to issuance of a building permit, the Town and Library Agency shall agree upon. and the Library Agency shall pay to the Town, a reasonable monetary contribution toward signalization or other safety and/or capacity improvements, including possible installation of a rotary/traffic circle, at the Tiburon Boulevard/Mar West Street intersection.' WHEREAS, on May 15, 2019. the Town Council held a public nleetino to review Condition 5. After taking public testimony. and considering the item.. the Council directed staff to bring back a Resolution to eliminate Condition 5 of Resolution No. 55-2011. Town Council Resolution No. 18-2019 06/05/2019 1 WHEREAS, removal of Condition 5 of Resolution No. 55-2011 would not require further environmental review and would not create chanced circumstances under which potentially significant impacts from implementation of the Project could arise. This is because Condition 5, in and of itself, did not reduce potentially significant traffic impacts to less than significant levels. Implementation of Mitigation Measure Trans-8 will ensure that traffic impacts from the Library project will be reduced to less than significant levels. Mitigation Measure Trans-8, as originally drafted, remains viable and is still a condition of project approval. The Town intersection of Mar West Street and Tiburon Blvd. will still be included in the Town's list of intersections considered for traffic signal installation. The Town will still employ its own criteria for ranking and prioritization including other signal warrants and accident history, when considering the need and timing for traffic signal installation at Mar West Street and Tiburon Blvd. As such, because Mitigation Measure Trans-8 still applies and will ensure no significant traffic impacts are created by the Library project, elimination of Condition 5 of Resolution No. 55-2011 will not create any potentially significant environmental impacts including impacts to traffic and circulation. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby amend Resolution No. 55-2011 to eliminate Condition 5 of said resolution. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on Tune 5, 2019, by the following vote: AYES: COUNCILMEMBERS: Fraser, Fredericks_ Kulik. Thier NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Weiner D0Ib KULIK_ MAY( R TOWN OF TIBURON ATTEST: LEA SITTI, TOWN CLERK I Torun Comicil Resolzzlion No. 18-2019 00/05/20 19 2