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Home My WebLink AboutTC Res 2000-04-05 (2) ."!f'. ',C'''-'i'..' . ""' RESOLUTION NO. 3411 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A NEGATIVE DECLARATION AND APPROVING A PROJECT PROPOSING IMPROVEMENTS TO THE AREA LOCATED BEHIND 1501 AND 1505 TIBURON BOULEVARD (ZELINSKY PARK) WHEREAS, the Town Council of the Town ofTiburon does resolve as follows: WHEREAS, in October 1999, the Town Council adopted Ordinance No. 451 N.S. establishing processing procedures for improvements to Town-owned property located behind 1501 and 1505 Tiburon Boulevard; and ' WHEREAS, Town ofTiburon has developed drawings for improvements to the subject area described specifically as follows: . Conceptual Grading Plan for Zelinsky Park, dated 9/10/99, prepared by I. L. Schwartz Associates ( 1 sheet) . Zelinsky Park Conceptual Site Plan, dated 1 December 1998 (revised 2/2000), prepared by Backen Arrigoni & Ross, Inc. (1 sheet); and ""' WHEREAS, the project is subject to the California Environmental Quality Act (cEQA) and in February 2000 the Tiburon Planning Department Staff prepared an Initial Study for the project, which determined that there was no potentially significant environmental effects related to the project that would not be reduced to less than significant levels through mitigation measures incorporated into the project; and WHEREAS, the Tiburon Planning Department determined that based upon the Initial Study, a Mitigated Negative Declaration was required for the project pursuant to cEQA; and WHEREAS, in February 2000, a Draft Mitigated Negative Declaration was completed and Notices of such were posted, mailed, and advertised in the ARK newspaper to armounce a 30-day public review period for review and comment on the Initial Study/Draft Mitigated Negative Declaration; and WHEREAS, a notice of the public hearing on the Draft Mitigated Negative Declaration and the project plans was also posted, mailed, and published in the ARK newspaper; and WHEREAS, following closure of the 30-day public review period on March 24,2000, the Town Council conducted a public hearing on AprilS, 2000 to receive public testimony on the Draft Mitigated Negative Declaration and project plans, and heard and considered all public ""' Tiburon Town Council Resolution No. 3411 4/5/2000 1 r testimony on the matter, reviewed and considered the information contained in the Initial Study and the Draft Mitigated Negative Declaration, any and all comments and responses thereto; and WHEREAS the Town Council finds the project to be consistent with the Tiburon General Plan and in confo~ance with provisions of Ordinance No. 451 N.S. establishing processing procedures for this project. NOW THEREFORE BE IT RESOLVED that the Town Council of the Town of , , Tiburon does hereby make the following findings: 1. Notice of the public review period and hearing on the Mitigated Negative Declaration was given as required by law and said hearing was conducted pursuant to Sections 15073 and 15074 of the State cEQA Guidelines and pursuant to provisions of the Town's Local cEQA Guidelines. 2. All individuals and groups desiring to comment on the Mitigated Negative Declaration were given the opportunity to address the Town Council. 3. The Mitigated Negative Declaration for the project consists of the Initial Study document dated February 2000, the Negative Declaration form, and any supporting information that may be referenced therein. r 4. The Mitigated Negative Declaration was completed in compliance with the intent and requirements ofcEQA, the State cEQA Guidelines, and the Town's Local cEQA Guidelines. 5. The Town Council has found that there is no substantial evidence in the record sufficient to support a fair argument that the project will have a significant unmitigated impact on the environment. 6. The Town Council has found that the project is consistent with the goals and policies of the Tiburon General Plan, as set forth and documented in the Staff Report dated March 30, 2000. NOW, THEREFORE BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon does hereby: 1. Adopt the Mitigated Negative Declaration for the project. 2. Approve the Zelinsky ParklRailroad Marsh Floodplain Landscape Project as set forth on the drawings referenced above. 3. Adopt the Mitigation Monitoring Program attached as Exhibit "N' hereto. -- Tiburon Town Council Resolution No. 3411 4/5/2000 2 ~ PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon on AprilS, 2000 by the following vote: AYES: cOUNcILMEMBERS: Bach, Gram, Matthews, Thompson NOES: cOUNcILMEMBERS: None ABTAIN: cOUNcILMEMBERS: Hermessy ~,,!-.. TOM GRAM, MAYOR TOWN OF TIBURON . DIANE CRANE IAcOPI, WN CLERK h:/wpdocs/resolzelinsky park teres.doc ,.., ,.... Tiburon Town Council Resolution No. 3411 4/512000 3 r EXHIBIT "A" MITIGATION MONITORING PROGRAM ZELINSKY PARKlRAJLROAD MARSH FLOODPLAIN LANDSCAPE PROJECT FILE #S 97-10 (1503 TIBURON BOULEVARD) The following mitigation measures, listed by topic, are imposed and incorporated as conditions into the project to reduce potentially significant adverse effects of the project to less than significant levels. GEOLOGY & SOILS Mitigation Measure 6, b. I : Project design and construction activities will utilize Best Management Practices as described in the California Storm Water Best Management Practice Handbook for Construction Activity, March 1993. These will include appropriate use of silt fences, timely hydro-seeding and/or replanting of disturbed areas, and other accepted means of erosion control according to Best Management Practices. Imolementation Procedure: -- The Town shall incorporate this mitigation measure into the contract for the reconstruction work. The project contractor shall provide the appropriate equipment and instruct the operators to follow the measures. Non-comoliance Sanction: No issuance of grading permit unless measures incorporated into contract; stop work orders, fines, penalties for violations. NOISE Mitigation Measure: l1.a.1. All construction activity shall comply with the Town limitations on construction hours as set forth in Chapter 13 of the Tiburon Municipal Code, l1.a.2. Equipment engine doors on motorized equipment shall be closed during equipment operation, l1.a.3. When not in use, motorized construction equipment shall not be left idling. -- 1 r'" - - Implementation Procedure: The Town shall incorporate this mitigation measure into the contract for the construction work. The project contractor shall provide the appropriate equipment and instruct the operators to follow the measures. Non-compliance Sanction: Fines for violations; stop work order. TRANSPORT A nON MitilJ:ation Measure: 15d.I: The project design shall incorporate an unobstructed 8-foot wide all-weather surface path across the site suitable for passage by a fire engine. Implementation Procedure: The Town shall incorporate this mitigation measure into the design of the project. Non-compliance Sanction: No issuance of grading permit unless incorporated into project design. Zelinsky Park mmrp.doc 2