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Home My WebLink AboutTC Res 2000-03-15 F. RESOLUTION NO. 3409 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TmURON APPROVING A VESTING TENTATIVE SUBDMSION MAP FOR A 25-UNlT SENIOR HOUSING PROJECT ON NED'S WAY (NED'S WAY GARDEN HOMES) ASSESSOR PARCEL NO. 58-151-35 WHEREAS, the Town Council of the Town ofTiburon does resolve as follows: Section 1. Findimzs. A. An application for a Vesting Tentative Map to subdivide 1.51 acres into 25 lots and a common area has been received from Ned's Way L.L.c. The subject property is located on Ned's Way near the intersection of Tiburon Boulevard. B. The application consists of the following: 1. Application Form received December 27, 1999. 2. Vesting Tentative Map, revised 2/2/2000, prepared by LL. Schwartz Associates. F; c. The Town Council finds that the Planning Commission held a duly noticed public hearing on March 8, 2000, heard and considered testimony from interested persons, and recommended approval of the Vesting Tentative Map to the Town Council by adoption of Resolution No. 2000-08. D. The Town Council finds that an Enviromnental Impact Report (EIR) has previously been prepared and certified by the Town of Tiburon for this project. The project as proposed is the same project analyzed in the EIR and no further enviromnental review is required. E. The Town Council finds, based upon application materials and analysis presented in the StaffReporti, that the proposal as conditioned is consistent with the goals and policies of the Tiburon General Plan. The Town Council further finds that the project conforms to the provisions of the Ned's Way Garden Homes Precise Development Plan and is consistent with the provisions of Chapter 14 of the Tiburon Town Code regulating the subdivision of land. Section 2. Approval. NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town ofTiburon does hereby approve the Ned's Way Garden Homes Vesting Tentative Map (File #69910) subject to the conditions and requirements set forth as follows: ~ TIBURON TOWN COUNCIL RESOLUTION NO. 3409 311512000 1 - ~ ~ Emzineerinll and Irnorovements 1. All engineering requirements and standards, including but not limited to drainage, dust control, fencing and site security, erosion control and winterization, soils stabilization, construction criteria, and grading shall be subject to review by the Town Engineer. 2. Provision of all essential utilities to the site shall be demonstrated to the satisfaction of the Acting Town Engineer prior to approval of the Final Map. All utilities serving the development shall be installed underground. 3. Prior to approval of the Final Map, the subdivider shall enter into a subdivision improvement agreement with the Town ofTiburon. Monetary security for faithful performance shall be required, including the customary performance, labor and materials, maintenance, and monumentation bonds. 4. Prior to approval of the Final Map, subdivision improvement plans shall be submitted for review and approval by the Acting Town Engineer and Planning Director. Said improvement plans shall contain the following: I""'- a. b. c. d. , e. f g. h. Per condition #10 of the Precise Development Plan approval, the construction of the maximum practical number of off-site parking spaces along the publicly-owned portion of Ned's Way above the project entry. Per condition #4 of the Precise Development Plan approval, pedestrian improvements that will facilitate pedestrian access to the bus stops along Tiburon Boulevard at Ned's Way and to the off-site parking along Ned's Way. This may include provision of a bus shelter on the south side of Tiburon Boulevard. Signage and/or striping improvements along Ned's Way to clarifY the delineation of private (Hilarita) parking versus public parking spaces. A staging area/construction parking/materials storage/debris box/portable restroom plan. A noise barrier and noise reduction plan pursuant to the adopted mitigation measure. A traffic control plan pursuant to the adopted mitigation measure. An erosion controVwinterization plan pursuant to the adopted mitigation measure. A drainage plan and hydraulic calculations for the entire drainage network of the project pursuant to the adopted mitigation measure. A grading permit shall be secured from the Tiburon Building Inspection Division prior to commencement of work on the subdivision improvements. '" TIBURON TOWN COUNCIL RESOLUTION NO. 3409 2 3/1512000 r-- 5. A refundable site deposit of $20,000 shall be submitted in conjunction with the improvement plans to ensure permittee's response and diligence in dealing with site erosion control, dust control, noise control, traffic control, and any other construction-related enforcement. The Acting Town Engineer, upon finalization of the site improvements, shall refund any remaining deposit. Affected Agencies 6. All requirements of the Pacific Gas and Electric Company shall be met. The cost of any relocation of existing PG&E facilities necessitated by the project shall be the responsibility of the applicant. The driveway and utility easements shown on the vesting tentative map shall be offered for dedication. The necessity for additional easements shall be determined after the request for electric and! or gas service is made. The applicant shall supply a will-serve letter from PG&E prior to approval of the Final Map. The applicant shall submit a letter from those entities having rights over the access and utility easements located at the east boundary ofthe property stating that they have reviewed the project and have no objection to the proposed improvements affecting said easements. 7. All requirements of the Tiburon Fire District shall be shown on the improvement plans. The applicant shall provide a letter from the Fire District to that effect prior to approval of the Final Map. '" 8. Domestic water shall be supplied by the Marin Municipal Water District. The applicant shall comply with all Water District rules and regulations, including water-conserving landscaping. The applicant shall provide a will-serve letter from the Water District prior to approval of the Final Map. 9. Connection to Sanitary District No.5 is required. A will-serve letter from the District shall be provided prior to approval of the Final Map. Planning Department Conditions 10. All requirements of the Ned's Way Garden Homes Precise Development Plan approval (Resolution No. 3374) and its attached mitigation measures remain applicable. The application for Final Map shall contain a narrative describing how each of the Precise Development Plan and Tentative Subdivision Map conditions of approval, and all adopted mitigation measures, have been or will be fulfilled by the project. 11. The application for Final Map shall include a set of draft Covenants, Conditions, and Restrictions (cc&Rs) for the project incorporating, without limitation, all affordability and resale covenants as set forth in the Disposition and Development '" TIBURON TOWN COUNCIL RESOLUTION NO. 3409 3/1512000 3 ,,-. ,,-. ,,-. Agreement. The cc&Rs shall be reviewed and approved by the Town Attorney and Planning Director prior to approval of the Final Map. 12. Drainage impact fees, pursuant to the adopted mitigation measure, shall be paid prior to recordation of the Final Map. 13. Street impact fees for the project shall be collected as required by Town of Tiburon Resolution No. 3330. 14. Traffic Mitigation Fees shall be paid prior to the issuance of building permits for each unit. Said fees shall be those in effect at the time the building permit is issued. Traffic mitigation fees for below-market rate units shall be waived pursuant to Town policies. 15. Park and recreation in-lieu fees, as required by Chapter 14 of the Tiburon Municipal Code, shall be paid prior the approval of the Final Map. 16. The Project as approved will meet inclusionary housing requirements of the Town and not be subject to in-lieu fees provided that at least one low income and two moderate income units are provided in perpetuity. In the event such units are not constructed, the project shall be subject to applicable in-lieu fees. 17. The applicant shall be required to overlay those portions of Ned's Way and the unnamed access road on the southern boundary ofthe site that are damaged during construction. 18. The applicant shall hold a preconstruction meeting with the Town, all other reviewing agencies associated with the project, and the subdivision improvement contractors. At that time, a final review of the mitigation measures shall occur and a determination of monitoring responsibilities and costs shall be agreed to prior to construction of the subdivision improvements. 19. This.:Tentative Map shall be valid for three years and shall expire and become null and void unless a Final Map is approved and recorded, or unless a time extension is granted. III III III TIBURON TOWN COUNCIL RESOLUTION NO. 3409 3/1512000 4 r- r- - PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 15, 2000 by the following vote: AYES: cOUNcILMEMBERS: Bach, Gram, Hennessy & Thompson NOES: cOUNcILMEMBERS: None ABSENT: cOUNcILMEMBERS: Matthews ATTEST: CLERK Incdsltenbnaptc roso.doc TIBURON TOWN COUNCIL RESOLUTION NO. 3409 5 3/1512000