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Home My WebLink AboutTC Res 2000-01-05 ,..... ,..... . RESOLUTION NO. 3391 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATION AS PART OF A LOT LINE ADJUSTMENT FOR LOT 31 (100 VIA LOS ALTOS) ASSESSOR PARCEL NOS. 34-330-54 & 34-330-24 WHEREAS, the Town Council of the Town ofTiburon does resolve as follows: Section 1. Findings. A. On August 20, 1999, the Town of Tiburon received an application for a zone change, general plan amendment, amendment to the La Cresta Precise and Master Plans and a lot line adjustment to purchase a portion of the adjacent property owned by the Marin Municipal Water District (MMWD), adjust the lot lines of the two properties, and create a new secondary building envelope for the property located at 100 Via Los Altos (Applications #R99-02, #GPA99-01, #39906, #49901 and #69904). The application would change the land use designation contained within the Land Use Element of the Tiburon General Plan from P (public/Quasi-Public) to M (Medium Density Residential) for the portion ofMMWD property which would be added to the property located at 100 Via Los Altos. The application consists of the following: 1. Application form and supplemental materials, dated August 20, 1999 2. Environmental Data Submission form, dated August 20, 1999 3. Lot Line Adjustment Plan dated September 30, 1999 B. The project is exempt from the requirements of the California Environmental Quality Act per Section 15303 of the CEQA Guidelines. C. The Planning Commission held a duly-noticed public hearing on November 10, 1999, and heard and considered testimony from interested persons. D. The Planning Commission, based upon application materials and analysis presented in the November 10, 1999 Staff Report as well as visits to the site and public testimony, adopted Resolution No. 99-20 recommending approval of the project to the Town Council. E. ,..... The Town Council held a duly-noticed public hearing on January 5, 2000, and heard and considered testimony from interested persons. The Town Council finds that the proposal, as conditioned, is consistent with the Tiburon General Plan and the Tiburon Zoning Ordinance based on the following facts: Tiburon Town Council Resolution No. 3391 1. January 5, 2000 s ,,--. 1) Policy No. LU-12 of the Land Use Element of the Tiburon General Plan 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. Special emphasis shall be placed on keeping ridgelines open and unobstructed to the maximum extent feasible." The portion of the MMWD property proposed to be added to Lot 31 is not environmentally sensitive, as the property is covered with non-native grasses. The existing residence, along with the other nearby homes on the upper portion of Via Los Altos, is located along this portion of the Ring Mountain ridgeline. The proposed secondary building envelope improvements would generally not result in an increased profile along this portion of the ridgeline, nor be particularly visible to users of the adjacent open space areas. The site is therefore located on portion ofland that is not environmentally sensitive, and would promote sound land development and planning practices. 2) Section 4.08.04 of the Tiburon Zoning Ordinance establishes a series of principles which are to be applied in reviewing a request to modify a Precise Development Plan. 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 use of this land for private recreational purposes would not alter any distinguishing natural land features on the site, as little additional grading would be required to improve this small area. ,,--. Principle (d) states that "every reasonable effort should be made to preserve... access corridors." The subject portion of the MMWD property does not interfere with any existing or future trails across the adjacent open space area. Principle (f) 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 visibility of the future swimming pool would be minimized by the existing topography of the two properties. F. The Town Council finds that the project would promote the public health, safety, or welfare, and on balance further the goals and policies of the General Plan with respect to the proposed general plan amendment. -- Tiburon Town Council Resolution No. 3391 January 5, 2000 2 r r- Section 2. Approval. NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town ofTiburon does hereby approve the proposed application, for the reasons set forth above, to amend the Land Use Element of the Tiburon General Plan to change the land use designation from P (public/Quasi-Public) to M (Medium Density Residential) for the property as described in attached Exhibits A and B. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 5, 2000, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews, Thompson None None ~ TOM GRAM, MAYOR TOWN OF TffiURON ,..... ATTEST: ! CLERK H:dwatrouslResolutionsfI'CGP A9901.resolution.doc - Tiburon Town Council Resolution No. 3391 January 5, 2000 3 ~ . ,..... 'EXHIBIT NO.A- .. . fO;-'O 1/] ff~ AVI':J ~ . 6(:JIGr:, ,,0(/- ) (.A J) 4110 0 , vJ;t..1E/' 5~'A6Lf;O'ciJbD ,,~~O 111\\ir./~ r \JA 10 10 ~Z ~ f-..~L gLA, ';JD 01 . I pi\l J~f;; 10 b:l fIlH1\.)) -- /.., ( . (J01A"" ------ ~4' \ IbJ. "I II ~ . ;ivl 3)1 \ (;0 dD1J~ S(fhl I I)~' \ ~0'~i 0..'5 "'L01 AL.1ft "I e 0 (,J \ . 1-1J; NJ D ./. (~.,L . ~ i I O,Cj< I L/ ,4' ij' .I! ",J/?') \. '! / COC !f\ I r.P i<JO~.JtS ~ 07 PI~'V;!~;12J-' 1& i/ GD) 1(,1 tj;1 i ~ \ ,,/0,:r.;. ,,1...0'(. "',t:. If ........,' I ~c.:\' \ \" 'y"" /. / '-04"-~ 0 v'" " ~ . '] J.. .. 1"tl"'''l..i) ...::! ::;' ." ,p,J J" (I C: 1(0) " '-J ~ t>-., I 1./i'~ c.. ~ / :-\) 'OUSv" ~ ...:::::.. , pI'" v--Af' pAL- :... ~I 1-"\ "1-<'(; <="< ,,-' 'I,ll I (') ~ ..../ "1 .) I " ~" If!;' ' It-l' , V ~ ' ~ ~ ( , r.! tV":i.,; Df) 1f.. 6?1?' ~ ~II /...,tJ 1 3/ '- "" 11!'/'.) "I-- f\ Cr\'-' . ("20 MAYs ~8) '" LJA~AP of L . ,. ~ A.U.~. ~ PlJ.8. i L -1_ 4:170'0' "I "..... ^' /50' , 7t/ d.,.co' Co: 44.5/ t tul.."A" f)l ~I..JCJ rf... 1':7 i ('i8" ~Af':J r--, l / I /'" , ~ <:::i ~ '- 2 .. ~ I fJ5ff\ ~ I ~ L. ~,-\ n :,. .// I \ ~ S Gld W V/I'j LOS AiTtJj, (JO) ~} &! I. J; ..5' ;?~ .- 3z~ 1v' ~ \ <1~ I /f -- (; /& ~ J. ~- 200' s: - c/.CJJ. ~ ~,l...../ .:.-. .c / \ r: ,,;'/ ./ .j , . '"" r-- ;.-. ...,,"" ''''.'. 'I ~..;>...c; I'.....~:'l EXHIBIT 13 LEGAl DESCRIPTION Ail that portion of that certain parcel of land :>itLlate in the City of Tiburcn. County of Marin, Sfate of California, defineated as Parcel .C" Tank Lot, on that certain map entitled Map of La Cresta, recorded September 24, 1982 in Book 18 of M4Ips at Page 75, Marin County Records. more particularly described a:> follow:;: 8eginning at the northwesterly comer of said parcel. hereinabove describec. running thence along the northerly line North 37' 12' East a distal'lCe of 25.00 feet, thence leaving said northerly line SQuth 290 00' Ea:;! a distance of 65.00 feet. thence South 37' 12' Wes! a distance of 25.00 feet to the westerly line of said parcel, thence along the westerly line of said parcel North 290 00' West a distance of 65.00 feet to the Point of Beginning. Containing 1486.81 sq. ft. 1"'.1..10-'1..10 .