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HomeMy WebLinkAboutTC Agd Pkt 2014-04-16 (4)To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of Town Council Community Development Department Town Council Meeting Apri116, 2014 Agenda Item: pH_ / Subject: Consider Amendments to the Tiburon General Plan, Tiburon Zoning Map and Text Amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code Regarding Affordable Housing Overlay Zoning on Properties at 1599 & 1600 Tiburon Boulevard and 2 Beach Road, and Related Mapping and Policy Amendments; Assessor Parcel Nos. 058- 171 -97, 059- 101 -01 & 058- 171 -86; MCA 2014 -01; GPA 2014 -01 Reviewed By: 64Z�b/ BACKGROUND This item proposes amendments to the Tiburon General Plan, amendments to the Tiburon Zoning Map and text amendments to zoning regulations contained in the Tiburon Municipal Code, specifically Title IV, Chapter 16 (Zoning) to implement programs from the current Housing Element and to address affordable housing issues that have arisen in the preparation of the current update for the Housing Element. PLANNING COMMISSION REVIEW The Planning Commission held a public hearing on the proposed amendments to the General Plan, Zoning Map and Zoning Ordinance on March 26, 2014. The staff report for that meeting (Exhibit A) contains descriptions of the various amendments and their intended purposes. Minutes of the meeting are attached as Exhibit B. At that meeting, the Planning Commission supported the recommended amendments that would implement programs from the current Housing Element and address affordable housing issues that have arisen during the current update for the Housing Element. The Commission adopted Resolution No. 2014 -03 (Exhibit C) recommending approval of the amendments to the Town Council. ENVIRONMENTAL REVIEW An Initial Study/Draft Negative Declaration (IS/ND) was prepared for this project, released for public comment on March 5, 2014 and is attached to this report as Exhibit D. The public review period ended on March 26, 2014. As of the date of this report no letters have been received regarding the draft negative declaration. TOWN OF TIBURON PAGE 1 OF 2 Town Council Meeting April 16, 2014 The initial study indicates that the zoning and general plan amendments would not result in any potentially significant environmental impacts, as the proposed amendments would substitute development potential on one site with development potential of two other sites of identical size in the same immediate vicinity. In the absence of any specific development project, the environmental analysis and this stage is limited by the "policy- oriented" nature of the amendments. PUBLIC COMMENT As of the date of this report, no letters have been received regarding the proposed amendments. FTWNTUN73 _I. 1,11 • 1 In Staff recommends that the Town Council: Hold a public hearing and take testimony on the proposed amendments; 2. Adopt the attached resolution (Exhibit E) approving the General Plan amendments; and 3. Introduce the draft ordinance regarding the Zoning map and Zoning Ordinance amendments (Exhibit F). The procedure would be to move to read by title only, waiving any additional reading, and introduce the ordinance amending Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code and the Tiburon Zoning Map. Pass the reading by roll call vote. If the first reading is passed, the ordinance will return for final adoption on a future consent calendar. II A. Planning Commission staff report dated March 26, 2014 B. Minutes of the March 26, 2014 Planning Commission meeting C. Planning Commission Resolution No. 2014 -03 D. Initial Study/Draft Negative Declaration E. Draft Resolution F. Draft Ordinance Prepared By: Daniel M. Watrous, Planning Manager S. IAdministrationlTown CoanciMaffRepo IA2014Upril 16 DrafisGeneral Plan - (Zoning Ordinanm Amendments.doc TOWN OF TIBURON PAGE 2 O 2 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Members of the Planning Commission Community Development Department Planning Commission Meeting March 26, 2014 Agenda Item: 3 Subject: Consider Recommendation to the Town Council Regarding Amendments to the Tiburon General Plan, Tiburon Zoning Map and Text Amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code Regarding Affordable Housing Overlay Zoning on Properties at 1599 & 1600 Tiburon Boulevard and 2 Beach Road, and Related Mapping and Policy Amendments; Assessor Parcel Nos. 058- 171 -97, 059- 101 -01 & 058 - 171 -86; MCA 2014 -01; GPA 2014 -01 Reviewed By: BACKGROUND Staff recommends amendments to the Tiburon General Plan, amendments to the Tiburon Zoning Map and text amendments to zoning regulations contained in the Tiburon Municipal Code, specifically Title IV, Chapter 16 (Zoning) to implement programs from the current Housing Element and to address affordable housing issues that have arisen in the preparation of the current update for the Housing Element. The current Housing Element (certified in 2012) listed a 1.8 acre site owned by the Reed Union School district as a potential affordable housing site. However, Implementing Program H -y(e) reads as follows: (e) Reed School District Site. The Town will actively work with the Reed Union School District (RUSD) and will undertake the following specific steps to encourage residential development: (1) conduct a meeting with the RUSD Superintendent in 2011; (2) provide background material in support of the RUSD discussion of the issue in 2011; (3) conduct a meeting with the RUSD Board of Directors to discuss residential development of the property in 2012; and (4) undertake follow -up actions based on discussions to implement the incentives. In the event that RUSD opts not to declare the site surplus or there is no progress toward development of the site for housing in 2012, then the Town commits to identify an alternate site or sites by 2013. At the end of 2012, RUSD informed the Town in writing that the Reed School site will not be available to be developed with affordable housing in the near future due to continuing enrollment TOWN OF TIBURON PAGE 1 OF 4 EXHIBIT NO. Planning Commission Meeting March 26, 2014 increases. As a result, one or more additional housing sites must be designated to replace this site during the current (2014 -2022) housing element cycle and prior to the adoption of an updated Housing Element. Related zoning text and general plan amendments are also proposed to complete the replacement of the RUSD site. ANALYSIS Town staff has identified two potential sites that could, taken together, successfully replace the Reed School site for purposes of the Housing Element and implementation of Program H -y(e). The first site is the 1.06 acre Beach Road parking lot (2 Beach Road), which is developed with a commercial parking lot. The second site is the 0.40 acre site at 1600 Tiburon Boulevard which is currently occupied by a delicatessen use (Shark's Deli). The amendments would designate the 1600 Tiburon Boulevard and 2 Beach Road sites with an affordable housing overlay (AHO) zone, both on the General Plan Land Use Diagram and on the Zoning Map. At the same time, the affordable housing overlay designation would be eliminated from both maps for the 1.47 acre site (1599 Tiburon Boulevard) that is currently occupied by CVS /pharmacy, as this site is no longer considered to be "available" as a potential affordable housing site for the near future. All three of these sites are clustered around the intersection of Tiburon Boulevard and Beach Road and are commercially designated properties in close proximity and with comparable physical characteristics, including similar level surfaces, underlying geology, drainage patterns, and access to public streets. The amendments would replace the 29 potential housing units that could be built on the 1599 Tiburon Boulevard site with 5 to 8 units on the 1600 Tiburon Boulevard site and 14 to 21 units on the 2 Beach Road site. The following amendments are proposed: 1. Diagram 2.2 -1 (Land Use Diagram) of the Land Use Element of the Tiburon General Plan would be amended to change the land use designation of the property at 1599 Tiburon Boulevard from NC /AHO (Neighborhood Commercial/ Affordable Housing Overlay) to NC (Neighborhood Commercial) and to change the land use designation of the properties at 1600 Tiburon Boulevard and 2 Beach Road from NC (Neighborhood Commercial) to NC /AHO (Neighborhood Commercial /Affordable Housing Overlay). 2. Diagram 4.4 -1 (Downtown Tiburon Proposed Land Use) of the Downtown Element of the Tiburon General Plan would be amended to reflect the changes described above to Diagram 2.2 -1, and to add a note referencing Diagram 2.2 -1. 3. The Tiburon Zoning Map would be amended to change the zoning designation of the property at 1599 Tiburon Boulevard from NC /AHO (Neighborhood Commercial/Affordable Housing Overlay) to NC (Neighborhood Commercial) and to change the zoning designation of the properties at 1600 Tiburon Boulevard and 2 Beach Road from NC (Neighborhood Commercial) to NC /AHO (Neighborhood Commercial/Affordable Housing Overlay). TOWN OF TIBURON PAGE 2 OF 4 EXHIBIT N0. Planning Conwiission Meeting March 26, 2014 4. As one of the two proposed affordable housing sites is less than half an acre in size, Section 16- 23.030 (D [a]) of the Tiburon Zoning Ordinance would be amended to establish lower requirements (20% instead of 25 %) for "small" affordable housing sites. The following change (new text underlined) would be made to this section: D. Qualification. In order to qualify for the benefits of these overlay zones, a residential development project shall comply with all of the following: a. Include a minimum of five percent very low - income, ten percent low- income, and ten percent moderate - income housing units, as defined in Section 16- 70.030 (General Inclusionary Requirements). Moderate - income rental units shall be counted only if they are below ninety percent of the median income. On smaller sites that would yield ten or fewer total units at the minimum allowable density, the affordable component shall be reduced from twenty - five to twenty percent of total units. At least fifty percent of the required affordable units shall be low income or very low income. 5. In addition to the zoning text amendment above, Policy DT -14 of the Downtown Element of the Tiburon General Plan would be amended as follows to establish standards that would be more appropriate for the development of affordable housing on smaller sites: "Affordable Housine Overlay In the Affordable Housing Overlay, residential uses that are not subject to commercial FAR limitations may be developed as part of mixed -use projects if a minimum of 60 20 to 25 percent of the units (depending on the size of the property) are reserved for moderate, low, and/or very-low income households. The residential density for these properties must should be within a range from 42.912.5 units per acre to 15.3 units per acre (a yield of 4-7.4 16.9 units per acre to 20.7 units per acre after applying the state- mandated density bonus). The maximum allowable commercial development intensity for lands designated with an Affordable Housing Overlay is an FAR of 0.31. The Town will not permit new commercial development of properties designated with the Affordable Housing Overlay to an intensity that would prevent the achievement of at least 80% of the minimum housing density (12.5 units /acre) for that site." ENVIRONMENTAL REVIEW An Initial Study/Draft Negative Declaration (IS/ND) was prepared for this project, released for public comment on March 5, 2014 and is attached to this report as Exhibit 2. The public review period ends on March 26, 2014. As of the date of this report no letters have been received regarding the draft negative declaration. TOWN OF TIBURON PAGE 3 OF 4 Ti;'%ZUEBIT N®. Planning Commission Meeting March 26, 201} The initial study indicates that the zoning and general plan amendments would not result in any potentially significant environmental impacts, as the proposed amendments would substitute development potential on one site with development potential of two other sites of identical size in the same immediate vicinity. In the absence of any specific development project, the environmental analysis and this stage is limited by the "policy- oriented" nature of the amendments. RECOMMENDATION Staff recommends that the Planning Commission: Hold a public hearing and discuss the proposed text amendments to the Tiburon General Plan and Zoning Ordinance, and the amendments to the Tiburon Zoning Map; and 2. Adopt the attached Resolution (Exhibit 1) recommending approval of the amendments to the Town Council. EXHIBITS 1. Draft Resolution 2. Initial Study/Draft Negative Declaration Prepared By: Daniel M. Watrous, Planning Manager S. Wlanning0anning CommissiontSta„f Repons120141March 26 meeiinglGeneral Plan- Zoning Ordinance Amendmen7s.doc TOWN OF TIBURON EXTHIBIT N®. /--t 1,114OF4 funding sources that the Town can tap into. Chair Weller suggested substituting wording with this explanation to reflect Director Anderson's comments. ACTION: It was M/S (Weiner /Corcoran) to direct staff to incorporate suggested changes and forward the Draft Housing Element to Town Council. Motion carried: 4 -0. PUBLIC HEARING: 3. CONSIDER RECOMMENDATION TO THE TOWN COUNCIL REGARDING AMENDMENTS TO THE TIBURON GENERAL PLAN, TIBURON ZONING MAP AND TEXT AMENDMENTS TO TITLE 1V, CHAPTER 16 (ZONING) OF THE TIBURON MUNICIPAL CODE REGARDING AFFORDABLE HOUSING OVERLAY ZONING ON PROPERTIES AT 1599 AND 1600 TIBURON BOULEVARD AND 2 BEACH ROAD, AND RELATED MAPPING AND POLICY AMENDMENTS; Assessor Parcel Nos.058- 171 -97, 059- 101 -01 and 058- 171 -86; MCA 2014 -01; GPA 2014 -01 Planning Manager Watrous said that much of the background for this request was covered by Ms. O'Rourke in the previous item. He stated that the Town has identified two sites to be designated with the Affordable Housing Overlay Zone and would eliminate that designation from the CVS site since it is no longer available. He described amendments to sections of the General Plan, the zoning map and the zoning ordinance to reflect these changes. He said that an Initial Study was prepared that found that because the project would replace a 1.47 acre site with two sites of the same area and in the same general vicinity, it would substitute the development potential on one site with the same development potential on the other two sites and would therefore result in no substantial potential environment impacts. He recommended that the Commission hold the public hearing, discuss changes and recommend it to the Town Council. Chair Weller opened the public hearing and there was no public comment. He closed the public hearing. ACTION: It was M/S (Corcoran/Kulik) to adopt the resolution with no changes and forward to the Town Council. Motion carried: 4 -0. MINUTES: 3. PLANNING COMMISSION MINUTES — Regular Meeting of March 12, 2014 ACTION: It was M/S (Corcoran/Welner) to approve the minutes of the March 12, 2014 meeting, as submitted. Motion carried: 4 -0. CHIBIT N0. TIBURON PLANNING COMMISSION MINUTES - MARCH 26, 2014 - MINUTES NO. 1042 PAGE 5 RESOLUTION NO. 2014-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL ADOPTION OF AMENDMENTS TO THE TIBURON GENERAL PLAN, AMENDMENTS TO THE TIBURON ZONING MAP AND TEXT AMENDMENTS TO THE TIBURON ZONING ORDINANCE WHEREAS, the Town of Tiburon has initiated amendments to the Tiburon General Plan, Tiburon Zoning Map and the Town's Zoning Ordinance, codified as Title IV, Chapter 16 of the Tiburon Municipal Code; and WHEREAS, a display ad notice of the public hearing on the amendments was published in the Ark newspaper on March 12, 2014 and other noticing was provided as required by law; and WHEREAS, the Planning Commission did hold a duly noticed and advertised public hearing on March 26, 2014 and considered any testimony received during the public hearing; and WHEREAS, an initial study of environmental impact was prepared and a draft negative declaration released for public comment on March 5, 2014. The comment period closed on March 26, 2014. The Planning Commission has considered the environmental documentation and finds that, based on the record, no substantial evidence to support a fair argument that a significant adverse impact would result from the project has been presented. WHEREAS, the Planning Commission finds that the proposed General Plan amendments, Zoning Map amendments and Zoning Ordinance text amendments are consistent with the goals, policies, and programs of the Tiburon General Plan and are consistent with the objectives of the Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends that the Town Council adopt the General Plan, Zoning Map and Zoning Ordinance text amendments as set forth in the attached Exhibit "A', entitled "Tiburon General Plan, Zoning Map and Title IV Chapter 16 of the Tiburon Municipal Code (Zoning Ordinance), Planning Commission Recommended Amendments, March 2014." PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon held on March 26, 2014, by the following vote: AYES: COMMISSIONERS: WELLER, WEINER, CORCORAN AND KULIK NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE VACANCY: One TIBURON PLANNING COMMISSION RESOLUTION NO. 2014-03 MARCH 26, 2014 1 EXHIBIT N®. LOU WELLER, CHAIR Tiburon Planning Commission ATTEST: DANIEL M. WATROUS, SECRETARY Attachment: Exhibit "A" TIBURON PLANNING COMMISSION RESOLUTION NO. 2014-03 MARCH 26, 2014 2 EXHIBIT N0. Exhibit A Tiburon General Plan, Zoning Map and Title IV Chapter 16 of the Tiburon Municipal Code (Zoning Ordinance), Planning Commission Recommended Amendments, March 2014. TIBURON GENERAL PLAN Land Use Element Diagram 2.2 -1 (Land Use Diagram) shall be amended to change the land use designation of the property at 1599 Tiburon Boulevard from NC /AHO (Neighborhood Commercial/ Affordable Housing Overlay) to NC (Neighborhood Commercial) and to change the land use designation of the properties at 1600 Tiburon Boulevard and 2 Beach Road from NC (Neighborhood Commercial) to NC /AHO (Neighborhood Commercial /Affordable Housing Overlay). Downtown Element Diagram 4.4 -1 (Downtown Tiburon Proposed Land Use) shall be amended to reflect the changes described above to Diagram 2.2 -1, and to add a note referencing Diagram 2.2 -1, which would read as follows: NOTE: If there are any discrepancies between this Diagram and Diagram 2.2 -1 (Land Use Diagram), the latter shall control. Policy DT -14 shall be amended to read as follows: "Affordable Housing g verlay In the Affordable Housing Overlay, residential uses that are not subject to commercial FAR limitations may be developed as part of mixed -use projects if a minimum of 60 20 to 25 percent of the units (depending on the size of the moyerty) are reserved for moderate, low, and/or very-low income households. The residential density for these properties rlHirst should be within a range from 12-.-9 12.5 units per acre to 15.3 units per acre (a yield of -7-4 16.9 units per acre to 20.7 units per acre after applying the state - mandated density bonus). The maximum allowable commercial development intensity for lands designated with an Affordable Housing Overlay is an FAR of 0.31. The Town will not permit new commercial development of properties designated with the Affordable Housing Overlay to an intensity that would prevent the achievement of at least 80% of the minimum housing density (12.5 units /acre) for that site." TIBURON ZONING MAP The Tiburon Zoning Map shall be amended to change the zoning designation of the property at 1599 Tiburon Boulevard from NC /AHO (Neighborhood Commercial/ TIBURON PLANNING COMMISSION RESOLUTION NO. 2014 -03 EXHIBIT A MARCH 26, 2014 E IKBIBIT N0. G Affordable Housing Overlay) to NC (Neighborhood Commercial) and to change the zoning designation of the properties at 1600 Tiburon Boulevard and 2 Beach Road from NC (Neighborhood Commercial) to NC /AHO (Neighborhood Commercial/Affordable Housing Overlay). TIBURON ZONING ORDINANCE TEXT ARTICLE II (ZONES AND ALLOWABLE LAND USES) 16 -23 Overlay Zones Section 16- 23.030 (D[a]) shall be amended to read as follows: D. Qualification. In order to qualify for the benefits of these overlay zones, a residential development project shall comply with all of the following: a. Include a minimum of five percent very low- income, ten percent low- income, and ten percent moderate - income housing units, as defined in Section 16- 70.030 (General Inclusionary Requirements). Moderate - income rental units shall be counted only if they are below ninety percent of the median income. On smaller sites that would yield ten or fewer total units at the minimum allowable density, the affordable component shall be reduced from twenty -five to twenty percent of total units. At least fifty percent of the required affordable units shall be low income or very low income. TIBURON PLANNING COMMISSION RESOLUTION NO. 2014-03 EXHIBIT A MARCH 26, 2014 EXHIBIT N0. C Initial Study Forthe Downtown Tiburon Housing Rezoning and General Plan Amendment Project 1AAFTi IKIIIE11 PREPARED BY Town of Tiburon Community Development Department E CHIBIT N0. TABLE OF CONTENTS NEGATIVE DECLARATION ........................................................................................ ..............................2 A. PROJECT DESCRIPTION ................................................................................... ..............................3 Environmental Factors Potentially Affected ........................................................... ..............................7 B. EVALUATION OF ENVIRONMENTAL IMPACTS .......................................... ..............................8 LAesthetics ................................................................................................... ..............................8 ILAgriculture ................................................................................................. ..............................9 III. Air Quality ............................................................................................... ............................... l l IV. Biological Resources ................................................................................. .............................14 V. Cultural Resources .................................................................................... .............................17 VI. Geology and Soils ..................................................................................... .............................18 VII. Greenhouse Gas Emissions ....................................................................... .............................22 VIII. Hazards and Hazardous Materials ............................................................. .............................22 DC. Hydrology and Water Quality .................................................................... .............................25 X. Land Use and Planning ............................................................................. .............................30 XI. Mineral Resources ..................................................................................... .............................30 X11. Noise ......................................................................................................... .............................31 XIII. Population and Housing ............................................................................ .............................34 XIV. Public Services .......................................................................................... .............................35 XV. Recreation ................................................................................................. .............................36 XVI. Transportation/ Traffic ............................................................................... .............................37 XVII. Utilities and Service Systems .................................................................... .............................40 XVIII. Mandatory Findings of Significance ......................................................... .............................43 C. REFERENCES ..................................................................................................... .............................44 LIST OF FIGURES Figure 1: Project Location and Vicinity Map ................................................................ ..............................6 EXIIIEIT NO.- DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 DRAFT NEGATIVE DECLARATION TO: _ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 X County Clerk Administration, Marin County 3501 Civic Center Drive, Room 234 San Rafael, CA 94903 FROM: Town of Tiburon Community Development Department 1505 Tiburon Blvd. Tiburon, CA 94920 Project Title: Downtown Tiburon Housing Rezoning and General Plan Amendment Project Proponent: Town of Tiburon Project Location: 1599 & 1600 Tiburon Boulevard and 2 Beach Road, Tiburon, Marin County, CA; APN 058-17-97,058-171-86 & 059- 101 -01 Summary of Project Description: Finding: Based on the attached Initial Study, it has been determined that the proposed project would not result in a significant, adverse environmental effect because revisions in the project have been made by or agreed to by the project proponent. Signature: Daniel M. Watrous Date Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 EXHIBIT NO DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 A. PROJECT DESCRIPTION 1. Project Title: Downtown Tiburon Housing Rezoning and General Plan Amendment Project 2. Lead Agency Name and Address: Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 3. Lead Agency Contact Person and Phone Number: Daniel M. Watrous, Planning Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 (415) 435 -7393 4. Project Location: 1599 & 1600 Tiburon Boulevard and 2 Beach Road, Tiburon, Marin County, CA; APN 058-17-97,058-171-86 & 059- 101 -01 5. Project Sponsor's Name and Address: Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 6. Person Preparing the Submission/Initial Study Checklist: Daniel M. Watrous, Planning Manager 1505 Tiburon Boulevard Tiburon, CA 94920 Phone: (415) 435-7393 Fax: (415) 435-2438 Email: dwatrous @ci.tiburon.ca.us 7. Project Number: MCA 2014 -01 & GPA 2014 -01 8. Assessor Parcel No. 058- 171 -97, 058- 171 -86 & 059- 101 -01 9. Type of Approval Sought: Amendments to the Tiburon General Plan, Tiburon Zoning Map and Tiburon Zoning Ordinance text 10. Size of Subject Property: 1.47 acres H. Present and Previous Use of Site or Structures: 1599 Tiburon Boulevard: retail commercial building (currently used as a drug store and pharmacy; previously used as a grocery store); 2 Beach Road: commercial parking lot; and 1600 Tiburon Boulevard: retail commercial building (currently used as a delicatessen; previously used as an automotive service station). 12. General Plan Designation: 1599 Tiburon Boulevard: NC /AHO (Neighborhood Commercial/Affordable Housing Overlay); Up to 0.31 floor area ratio & 15.3 dwelling units /acre (20.7 dwelling units per acre with density bonus) E IHIBIT N0. DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 1600 Tiburon Boulevard and 2 Beach Road: NC (Neighborhood Commercial); Up to 0.37 floor area ratio 13. Zoning: 1599 Tiburon Boulevard: NC /AHO (Neighborhood Commercial/Affordable Housing Overlay); Up to 0.31 floor area ratio & 15.3 dwelling units /acre (20.7 dwelling units per acre with density bonus) 1600 Tiburon Boulevard and 2 Beach Road: NC (Neighborhood Commercial); Up to 0.37 floor area ratio 14. Description of Project: The project consists Town - initiated amendments to the Tiburon General Plan, amendments to the Tiburon Zoning Map and text amendments to zoning regulations contained in the Tiburon Municipal Code, specifically Title IV, Chapter 16 (Zoning). The proposed amendments would remove a 1.4 acre commercial property in the Downtown from the affordable housing overlay zone and replace it with a nearly one acre and 0.4 acre sites to which the affordable housing overlay would be added. There would be no net change to the overall potential housing density in the vicinity. Other related amendments are also proposed. The project would involve the following amendments: An amendment to Diagram 2.2 -1 (Land Use Diagram) of the Land Use Element of the Tiburon General Plan to change the land use designation of the property at 1599 Tiburon Boulevard from NC /AHO (Neighborhood Commercial/Affordable Housing Overlay) to NC (Neighborhood Commercial) and to change the land use designation of the properties at 1600 Tiburon Boulevard and 2 Beach Road from NC (Neighborhood Commercial) to NC /AHO (Neighborhood Commercial/Affordable Housing Overlay). 2. An amendment to Diagram 4.4 -1 (Downtown Tiburon Proposed Land Use) of the Downtown Element of the Tiburon General Plan to reflect the changes described above to Diagram 2.2 -1, and to add a note referencing Diagram 2.2 -1. 3. A text amendment to Policy DT -14 of the Downtown Element of the Tiburon General Plan to achieve compliance with the affordable housing goals of the Town of Tiburon. 4. An amendment to the Tiburon Zoning Map to change the zoning designation of the property at 1599 Tiburon Boulevard from NC /AHO (Neighborhood Commercial/Affordable Housing Overlay) to NC (Neighborhood Commercial) and to change the zoning designation of the properties at 1600 Tiburon Boulevard and 2 Beach Road from NC (Neighborhood Commercial) to NC /AHO (Neighborhood Commercial/Affordable Housing Overlay). 5. An amendment to Section 16- 23.030 (D[a]) of the Tiburon Zoning Ordinance to establish lower requirements (20% instead of 25 %) for "small' affordable housing sites. The project would eliminate the affordable housing overlay designation for an existing 1.47 acre site (1599 Tiburon Boulevard) and designate a 0.40 acre site (1600 Tiburon Boulevard) and a 1.06 acre site (2 Beach Road) with an affordable housing overlay. All three sites are clustered around the EnHMIT N0. DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 intersection of Tiburon Boulevard and Beach Road. The site at 1599 Tiburon Boulevard is directly across Beach Road from the site at 2 Beach Road and is located diagonally across the intersection from the site at 1600 Tiburon Boulevard. All three sites are commercially designated properties in close proximity with comparable physical characteristics, including similar level surfaces, underlying geology, drainage patterns, and access to public streets. The current Housing Element of the Tiburon General Plan (certified in 2012) listed a 1.8 acre site owned by the Reed Union School district as a potential affordable housing site, but required that if this site becomes unavailable for use as affordable housing, one or more additional housing sites would need to be designated to replace this site. The School District has informed the Town of Tiburon that this site will not be available to be developed with affordable housing in the near future. As a result, the sites at 1600 Tiburon Boulevard and 2 Beach Road are proposed to replace the School District site in the Town's inventory of potential housing sites. Replacement of the School site is required by Implementing Program H -y (e) of the current Housing Element. 15. Surrounding Land Uses and Setting: 1599 Tiburon Boulevard: North: Multi- family Residential South: Retail commercial (Boardwalk Shopping Center) East: Commercial office and parking lot West: Commercial parking lot 1600 Tiburon Boulevard: North: Commercial office South: Post office East: Commercial office West: Retail commercial (Boardwalk Shopping Center) 2 Beach Road: North: Recreation (Teather Park) South: Commercial office East: Hotel (Tiburon Lodge) West: Retail commercial 16. Other agencies or utility providers whose approval is required (e.g., permits, financing approval, or participation agreement): None. EXHIBIT NO. DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 Project Location and Vicinity Map- Figure 1 0.1 0 0.04 0.1 Miles This map Is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS REPRESENTATIONAL ONLY. DATA ARE NOT SURVEY PRECISE. j. VHIBI1 1Vo. W .v. uUwN tUwN 111J MUN ttuUSINU REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture & Forestry ❑ Air Quality Resources ❑ Biological Resources ❑ Cultural Resources ❑ Geology /Soils ❑ Greenhouse Gas Emissions ❑ Hazards & Hazardous ❑ Hydrology / Water Materials Quality ❑ Land Use / Planning ❑ Mineral Resources ❑ Noise ❑ Population / Housing ❑ Public Services ❑ Recreation ❑ Transportation / Traffic ❑ Utilities / Service Systems ❑ Mandatory Finding of Significance DETERMINATION: On the basis of this initial evaluation: ® I find that the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at lest one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an EARLIER EIR or NEGATIVE DECLARATION pursuant to applicable legal standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 'PAIUV Signature Daniel M. Watrous Planning Manager Town of Tiburon Date EXHIBIT N0. It DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation B. EVALUATION OF ENVIRONMENTAL IMPACTS Note: For each topic listed below, a reference source was used to complete the Environmental Checklist. The reference sources are listed by number in Section C of this document. Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Impact Mitigation Incorporation I. AESTHETICS Would the project: a. Have a substantial adverse effect on a scenic vista? ❑ ❑ ® ❑ Discussion: The project sites are situated at the intersection of Tiburon Boulevard and Beach Road. While the sites are visible from various vantage points in the surrounding area, the sites do not constitute scenic vistas and development of these properties would not interfere with any scenic viewpoints. No substantial adverse effect on a scenic vista would result from project implementation and no mitigation is required. (Source: 1) b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a ❑ ❑ ® ❑ state scenic highway? Discussion: There are no significant scenic resources located on the sites, and no rock outcroppings. All sites are commercially developed properties with non - native trees planted at points along their perimeters that are not significant visual resources. No mitigation is required. (Sources: 1, 2) c. Substantially degrade the existing visual character or quality of the site and its El El ® El surroundings? Discussion: The project sites are currently developed with commercial improvements. The 0.40 acre site at 1600 Tiburon Boulevard is developed with a commercial delicatessen and the 1.06 acre site at 2 Beach Road is developed with a commercial parking lot. The sites are not considered to be of significant scenic value. EXTRIBIT NO.-�-_ DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITL4L STUDY March, 2014 8 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not substantially degrade the visual character of the sites and would not have a substantive impact on the quality of the site or its surroundings. At such time as development may be proposed on any of the properties, project- specific review of potential impacts on the visual character of the site would be conducted as part of the development review process. Under the Town's existing regulations the applicant would be required to reduce any visual character impacts to less - than - significant levels. (Source: 1) d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? El 0 El Discussion The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly increase new sources of substantial light or glare which would adversely affect day or nighttime views in the area. At such time as development may be proposed on any of the properties, project - specific review of potential light and glare impacts would be conducted as part of the development review process. Under the Town's existing regulations the applicant would be required to reduce any light and glare impacts to less- than - significant levels. (Source: 1) II. AGRICULTURE AND FOREST RESOURCES (In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (199 7) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department ofForestry L` -KHMIT DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest and Legacy Assessment project,; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board} Would the project: a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? Discussion: Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ FE There is no land within the Town of Tiburon which is shown as Prime Farmland, Unique Farmland or Farmland of Statewide Importance on the Marin County Important Farmland 2000 map produced by the State Department of Conversation, Division of Land Resource Protection, Farmland Mapping and Monitoring Program. There would be no impact. (Source: 2) b. Conflict with existing zoning far agricultural use, or a Williamson Act contract? ❑ ❑ ❑ Discussion: The Town of Tiburon has no land zoned for agricultural use or under a Williamson Act contract. (Source: 2) c. Conflict with existing zoning for, or cause rezoning of forest land (as defined in Public Resources Code section 12220(8), timberland (as defined in Public Resources Code section ❑ El El or timberland zoned Timberland Production (as defined by Government Code section 51104(8))? Discussion: There is no agricultural land within the Town of Tiburon that could be converted or rezoned to non- agricultural use; and no forest land, timberland, or Timberland Production land that could be converted or rezoned. y // .1 EXHIBIT NO.� _ DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 10 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation (Source: 2) d. Result in the loss offorest land or conversion offorest land to non forest use? ❑ ❑ ❑ Discussion: The project site does not qualify as forest land, timberland, or Timberland Production land; nor is any such land adjacent to the project or in the vicinity. (Source: 1) e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of ❑ El El Farmland, to non - agricultural use or conversion offorest land to non-forest use? Discussion: See response to ll.d. (Source: 1) M. AIR QUALITY Would the project: a. Conflict with or obstruct implementation of the applicable air quality plan? ❑ ❑ ❑ Discussion: The project would not have no impact, because any future affordable housing development on the subject sites would be infill projects that would place dwelling units in an urban area with very good opportunities to use transit, walk or bicycle. As a result, the growth in the rates of vehicle trips or vehicle miles traveled with respect to population would be negligible. The overall density and development potential allowed in the General Plan and Zoning Ordinance would not change as a result of the project and would therefore not conflict with any applicable air quality plan. (Source: 1) b. Violate any air quality standard or contribute ❑ El ® El to an existing or projected air E] HIBIT NO.� DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 11 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation quality violation? Discussion: The new Bay Area Air Quality Management District ( BAAQMD) CEQA Thresholds of Significance establish daily and annual emission thresholds for construction and operation period project emissions. For construction, BAAQMD thresholds are for exhaust emissions only. Emissions of nitrogen oxides (NOx), reactive organic gases (ROG) or fine particulate matter (PM2.5) over 54 pounds per day are considered significant. Exhaust emissions of respirable particulate matter (PMI0) greater than 82 pounds per day are also considered significant. The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly increase fugitive dust impacts in the area. At such time as development may be proposed on any of the properties, project - specific review for compliance with BAAAQMD standard conditions that apply to construction projects that reduce fugitive dust impacts so that PMto emitted from construction would be conducted as part of the development review process. Under existing Town, State and BAAQMD regulations the applicant would be required to reduce any fugitive dust impacts to less -than- significant levels. For operation, BAAQMD has provided screening tables based on project size to indicate whether detailed analysis of operational emissions is necessary. If the project size is below the screening level size, then BAAQMD considers the project emissions to be less than the emission based thresholds. The project sizes that could be supported by the proposed zoning and land use designations for the subject sites would be well below the BAAQMD screening size, and therefore, would have a less than significant impact with respect to operational emissions. (Source. l) c. Result in a cumulatively considerable net increase in any criteria pollutantfor which the project region is non — attainment under an applicable federal or state ambient air quality standard (including releasing emissions which El El Z exceed quantitative thresholds for ozone precursors)? Discussion: The Bay Area is a nonattainment area for ozone and particulate matter (PMto and PM2.5). Future housing construction on the subject sites and operational period emissions would be below the BAAQMD emission -based thresholds. Therefore, the project would not have cumulatively considerable emissions of U EXHIBIT NO.� DOWNTOWN TIBURON HOUSING REZONING AND GENERAL. PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 12 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation ozone precursor pollutants (i.e., NOx or ROG) or particulate matter in the form of PMto or PM2.5. Impacts would therefore be less- than - significant. (Source: 1) d. Expose sensitive receptors to substantial pollutant concentrations? ❑ ❑ 0 ❑ Discussion: The new BAAQMD CEQA Thresholds of Significance establish thresholds of significance for community risk. These apply to projects that locate new sensitive receptors near sources or air pollution such as freeways. BAAQMD recently adopted criteria that consider exposure of new residences to localized air pollution sources that results in (1) an increased cancer risk of 10 in one million, (2) annual PM2.5 concentrations of 0.3 µg/m3, or a hazard of greater than 1 for a maximum exposed individual or MEI. The new thresholds are basically the same as the previous thresholds with the exception of the new PM2.5 threshold. BAAQMD applies these thresholds to sources within 1,000 feet of a sensitive receptor. The project sites are not located adjacent to Tiburon Boulevard, which is a major arterial roadway that could expose sensitive receptors to substantial pollution. However, the project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly increase exposure of sensitive receptors to substantial pollution. At such time as development may be proposed on any of the properties, project - specific review of potential exposure of sensitive receptors to substantial pollution would be conducted as part of the development review process. Under existing Town, state and BAAQMD regulations the applicant would be required to reduce any impacts regarding substantial pollution concentrations to less- than - significant levels. Project construction would involve operation of construction equipment and trucks that emit diesel particulate matter (DPM). Residences located near the project site are considered sensitive receptors and would be exposed to DPM at times during construction. This would be a temporary exposure. Considering that construction period emissions would occur over a relatively short time, the exposure to existing sensitive receptors would be less than significant. Much of the emissions would occur during the first 2 to 3 months when earth work and foundation construction occur. (Source: 1) e. Create objectionable odors affecting a substantial number ofpeople? ❑ ❑ ❑ Discussion: EXHIBIT NO. DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 13 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation The project would result in the future development of affordable housing projects on the subject sites. Residential uses would not create objectionable odors. There would be no impact. (Source: 1) ►� _t3 G] 01" (N\ F Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or ❑ El regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Discussion: Special - status species are plants and animals that are legally protected under the State and/or federal Endangered Species Acts or other regulations, as well as other species that are considered rare enough by the scientific community and trustee agencies to warrant special consideration, particularly with regard to protection of isolated populations, nesting or denning locations, communal roosts and other essential habitat. Species with legal protection under the Endangered Species Acts often represent major constraints to development, particularly when they are wide - ranging or highly sensitive to habitat disturbance and where proposed development would result in a "take" of these species. A search of records contained in the California Natural Diversity Data Base ( CNDDB) of the Califomia Department of Fish and Game (CDFG), together with other relevant information, indicates that occurrences of numerous plant and animal species with special - status have been recorded from or are suspected to occur in eastern Marin and the Tiburon vicinity. According to the CNDDB records, most of the special - status species from the Tiburon vicinity occur along the shoreline of the bay and from the slopes of Ring Mountain. ■❑ The habitat from the surrounding areas of Tiburon known or suspected to be used by special - status species consists of undeveloped land with abundant vegetation. The subject sites consist of commercial structures and paved surfaces with small areas of decorative landscaping and do not provide appropriate habitat area for any sensitive plant or animal species. Impacts would therefore be less - than - significant. (Source: 1) b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional ❑ ❑ ❑ plans, policies, regulations or by the California Department of Fish and Game or US Fish and /1 E .K1IIBIT NO.� DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 14 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation Wildlife Service? Discussion: The project sites have been highly disturbed in the past as part of construction of commercial improvements on these sites. No riparian habitat or other sensitive natural community types occur on the sites, and there would therefore be no impact. (Source: I) c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc) ❑ ❑ ❑ ED through direct removal, filling, hydrological interruption, or other means? Discussion: Although definitions vary, wetlands are generally considered to be areas that are periodically or permanently inundated by surface or groundwater, and support vegetation adapted to life in saturated soil. Wetlands are recognized as important features on a regional and national level due to their inherent value to fish and wildlife, use as storage areas for storm and floodwaters, and water recharge, filtration and purification functions. The U.S. Army Corps of Engineers, Regional Water Quality Control Board, and CDFG have jurisdiction over wetland areas. The subject sites consist of commercial structures and paved surfaces with small areas of decorative landscaping and do not contain any jurisdictional wetlands. Best Management Practices (BMPs) would be utilized during grading and construction that would serve to prevent any indirect impacts to off -site drainage and nearby receiving waters. There would therefore be no impact. (Source: l) d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or 1:1 El ® El wildlife corridors, or impede the use of native wildlife nursery sites? Discussion: The proposed project would not have any significant adverse impacts on wildlife movement opportunities or adversely impact native wildlife nursery sites. Wildlife which frequent the site vicinity are common in suburban habitats and the remaining open space lands in the vicinity, and are already acclimated to human activity. Future construction activities would temporarily disrupt current foraging and dispersing behavior of individuals within the footprint of grading and development, but would not result in the extirpation EXHIBIT N0. DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 15 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation (local extinction) of any of these species. Species common to the area would continue to utilize the surrounding area, even during construction, and would eventually utilize the vicinity of the new structures and landscaped surroundings on the sites. Impacts would therefore be less- than - significant. (Source: 1) e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? El El M El Discussion: In general, the proposed project would not conflict significantly with any relevant goals and policies in the Town of Tiburon General Plan related to the protection of biological and wetland resources. These include policies calling for: open space buffers of at least 50 feet along streams (OSC -22), protection of sensitive wildlife habitat (OSC -25), avoidance of special - status species and sensitive natural communities (OSC- 26), preservation of "protected trees" (OSC -33), preservation of natural habitat and wooded areas (OSC- 34), use of native plants for landscaping (OSC -64), removal of invasive exotics as part of new development (OSC -65), and provisions for on -going removal and control of invasive exotic species (OSC- 66). The project sites are not located within 50 feet of any streams, consistent with OSC -22. There is no sensitive wildlife habitat on the sites, consistent with OSC -25. No special - status species are suspected to occur on the sites, providing consistency with OSC -26. There are no natural habitats, wooded areas or invasive exotic species on the sites, consistent with OSC -34, OSC -65 & OSC -66. Any future construction projects on the sites would be required to use native plants for landscaping, consistent with OSC -34. The Tiburon Tree Ordinance (Title IV, Chapter 15A of the Tiburon Municipal Code) regulates the removal, alteration, and planting of certain trees. Under the ordinance, a tree is defined as a woody perennial plant with a trunk circumference of 20 inches measured at 24 inches above grade or a woody perennial plant at least 15 feet in height that usually has a single trunk. A "protected tree" consists of one or more of the following: 1) a "heritage tree" which has a trunk with a circumference exceeding 60 inches measured at 24 inches above grade; 2) a native oak; or 3) a "dedicated tree" of special significance so designated by resolution of the Town Council. An "undesirable tree" includes blue gum eucalyptus, Monterey pine (Pinus radiata), coast redwood (Sequoia sempervirons), or any other species of tree that generally grows more than three feet per year in height and is capable of reaching a height of over 35 feet. An "undesirable tree" nevertheless constitutes a "protected tree" if it meets the criteria set forth in that definition. The ordinance generally prohibits the removal or alteration of a "protected tree" without a permit, or when authorized as part of approval of a discretionary development permit. There are several coast redwood trees on the northern side of the site at 1600 Tiburon Boulevard that are "undesirable trees" that also meet the definition of "heritage trees." Potential removal of these trees as the result of a future housing construction project on this site would not be considered to be a significant impact due to their status as undesirable trees. Other existing trees on the subject sites do not meet the definition of "protected trees." Impacts would therefore be less- than - significant. (Source: 1) E.K1IIBIT N0. DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 16 Potentially Significant Impact f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other ❑ approved local, regional, or state habitat conservation plan? Discussion: Less -Than- Less -Than- No Significant With Significant Impact Mitigation Impact Incorporation ❑ ❑ The proposed project would not conflict with any adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved conservation plan. No such plans have been adopted in the vicinity of the sites, and no impacts are therefore anticipated. (Source. 1) V. CULTURAL RESOURCES Would the project: a. Cause a substantial adverse change in the significance ofa historical resource as defined ❑ ❑ El in §15064.5? Discussion: The site contains no known historic archaeological sites, paleontological resources, or unique geological features. In modem times, the sites have been extensively filled, used and disturbed during the construction and use of the commercial improvements on these properties, and there would therefore be no impact. (Source: 8) b. Cause a substantial adverse change in the significance of an archaeological resource ❑ El ❑ pursuant to §15064.5? Discussion: See response to V.a. (Source: 8) c. Directly or indirectly destroy a unique paleontological resource or site or unique ❑ El F-1 geologicfeature? Discussion: See response to V.a. E r.HIBIT N0. �2 DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 17 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation (Source: 8) d. Disturb any human remains, including those interred outside offormal cemeteries? ❑ ❑ 0 ❑ Discussion: Given the extent of prior disturbance of the subject sites, it is highly unlikely that any future development project would unearth or disturb human remains. The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly increase the potential for impacts on cultural resources in the area. At such time as development may be proposed on any of the properties, project - specific review for potential cultural resources on the sites would be conducted as part of the development review process. In the unlikely event that human remains are encountered, under the Town's existing regulations the applicant would be required to follow current practices that would reduce impacts regarding potential disturbance of human remains to less- than - significant levels. (Source: 8) VI. GEOLOGY AND SOILS Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk ofloss, injury, or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on ❑ ❑ ® ❑ other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Discussion: Under the Alquist -Priolo Special Studies Zone Act, the California Division of Mines & Geology has produced 1:2000 scale maps that show all active faults. There are no Alquist - Priolo Earthquake Fault Zones within the Town of Tiburon or on the sites, and the sites are not near any of the known active faults. The nearest known active faults are the San Andreas fault, about & miles to the southwest, and the EX HIBIT NO DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 18 Potentially Less -Than- Less -Than- Significant Significant With Significant Impact Mitigation Impact Incorporation Hayward fault, about 8 miles to the northeast. Therefore, the potential for fault surface rupture at the sites is remote and no mitigation is required. Seiche and tsunamis are short duration earthquake- generated water waves in enclosed bodies of water and the open ocean, respectively. The sites are located approximately 0.2 miles from San Francisco Bay, and at an average elevation of 5 feet. The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly increase exposure of people or structures to potential substantial adverse effects from seiche or tsunami. At such time as development may be proposed on any of the properties, project - specific review of potential impacts from seiche or tsunami would be conducted as part of the development review process. Under the Town's existing regulations the applicant would be required to reduce any potential seiche or tsunami impacts to less- than - significant levels. (Source. I) No Impact ii. Strong seismic ground shaking? ❑ ❑ ® ❑ Discussion: The sites will experience seismic ground shaking similar to other areas in the seismically active Bay Area. The intensity of ground shaking will depend on the characteristics of the causative fault, distance from the fault, the earthquake magnitude and duration, and site - specific geologic conditions. The most likely source for future earthquakes close to the site is the San Andreas Fault with median peak ground accelerations of 0.30 g. However, the project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly increase exposure of people or structures to potential substantial adverse effects from strong seismic ground shaking. At such time as development may be proposed on any of the properties, project- specific review of potential seismic ground shaking impacts would be conducted as part of the development review process. Under the Town's existing regulations the applicant would be required to reduce any potential seismic ground shaking impacts to less - than - significant levels. (Source. I) iii. Seismic related ground failure, including liquefaction? ❑ ❑ ® ❑ Discussion: Liquefaction refers to the sudden, temporary loss of soil strength during strong ground shaking. This phenomenon can occur where there are saturated, loose, granular (sandy) deposits so ft.. t, o. DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 19 Potentially Less -Than- Less -Man- Significant Significant With Significant Impact Mitigation Impact Incorporation shaking. Liquefaction - related phenomena include settlement, flow failure, and lateral spreading. Saturated, relatively clean, loose granular deposits are not anticipated at the project site, and no mitigation is required. Ground shaking can induce settlement of loose granular soils above the water table. The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for fixture projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly increase exposure of people or structures to potential substantial adverse effects from seismic related ground failure, including liquefaction. At such time as development may be proposed on any of the properties, project- specific review of potential seismic related ground failure impacts would be conducted as part of the development review process. Under the Town's existing regulations the applicant would be required to reduce any potential seismic related ground failure impacts to less- than - significant levels. (Source: 1) iv. Landslides? Discussion: ❑ ❑ ❑ The subject sites are relatively flat and are not located within mapped landslides. There would therefore be no impact. (Source: 1) b. Result in substantial soil erosion or the loss oftopsoil? ❑ ❑ ❑ Discussion: The subject sites are relatively flat and are almost completely covered with impervious surfaces. Future development on these sites would therefore not result in substantial soil erosion or the loss of topsoil, and there would therefore be no impact. (Source: 1) C. Be located on a geologic unit or soil that No Impact is unstable, or that would become unstable as a result of the project, and potentially result in on, or off, site ❑ ❑ ® ❑ landslide, lateral spreading, subsidence, liquefaction or collapse? Discussion: E � IIBIT NO._ DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 20 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly increase the potential for development on any unstable geologic unit or soil. At such time as development may be proposed on any of the properties, project- specific review of potential impacts from unstable geologic units or soil would be conducted as part of the development review process. Under the Town's existing regulations the applicant would be required to reduce any potential impacts regarding unstable geologic units or soil to less- than - significant levels. (Source: I) d. Be located on expansive soil creating substantial risks to life orproperty? ❑ ❑ M ❑ Discussion: The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly increase the potential for development on expansive soil. At such time as development may be proposed on any of the properties, project - specific review of potential expansive soil impacts would be conducted as part of the development review process. Under the Town's existing regulations the applicant would be required to reduce any potential impacts regarding expansive soil to less - than - significant levels. (Source: I) e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems ❑ E] El sewers are not available for the disposal ofwastewater? Discussion: Future projects on the subject sites would be connected to the public sewer system and would not incorporate or rely upon a septic system or alternative wastewater disposal system. There would be no impact. (Source: I) y E °11IBIT N0, DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 21 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation VII. GREENHOUSE GAS EMISSIONS Would the project: a. Generate greenhouse gas emissions, either directly or indirectly, that may have a ❑ E] ® El impact on the environment? Discussion: Project construction would involve emissions associated with equipment and vehicles used for grading, and construction of the project as well as emissions associated with manufacturing materials used to construct the project. However, the project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly increase the generation of greenhouse gas emission that may have a significant impact on the environment. At such time as development may be proposed on any of the properties, project - specific review of potential greenhouse gas emission impacts would be conducted as part of the development review process. Under existing Town and State regulations the applicant would be required to reduce any potential greenhouse gas emission impacts to less - than - significant levels. (Source: 1) b. Conflict with an applicable plan, policy or regulation adopted for the purpose ofreducing ❑ El ® El emissions ofgreenhouse gasses? Discussion: See response to VII.a. (Source: 1) ITI Iwo rYA11s]IJ-7.11ci 3:Evw:111i z1111yuElvI_D199 .&I Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous ❑ ❑ ❑ materials? Discussion: EXHIBIT NO.� DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 22 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation The proposed use of the sites for affordable housing purposes would not involve storage of hazardous substances and materials at the sites. Any standard residential kitchen -type cleansers or cleaning products would be handled and applied using safety precautions prescribed for such chemicals. There would be no impact. (Source: 1) b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the El El E] release of hazardous materials into the environment? Discussion: See response to VIII.a. (Source: 1) c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile ofan existingor ❑ ❑ ❑ proposed school? Discussion: There are no existing or proposed schools within one - quarter mile of the project sites. (Source: 1) d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a ❑ El El would it create a significant hazard to the public or the environment? Discussion: The project sites are not included on a list of hazardous materials sites. Therefore, implementation of the project would not create a significant hazard to the public or the environment related to its location on a hazardous materials site. No impact would occur and no mitigation is required. (Source: 4) e. For a project located within an airport land El El El use plan or, where such a plan has not been // E- 1KHMIT N0. 1) DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 23 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation adopted, within two miles ofapublic airport or public use airport, would the project result in a safety hazard far people residing or working in the project area? Discussion: There is no public airport within two miles of the Town of Tiburon. The nearest public airport is Gnoss Field which is approximately 12 miles north of Tiburon. There would be no impact. (Source: I) f For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the ❑ ❑ ❑ project area? Discussion: /1 No airstrips are located in the Town of Tiburon. The nearest private airstrip is located at Smith Ranch, which is approximately eight (8) miles north of Tiburon. There would be no impact. (Source: 2) g. Impair implementation of or physically interfere with an adopted emergency response El El 1:1 plan or emergency evacuation plan? Discussion: The project would not affect an emergency response plan. The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. While development plans do not yet exist for future projects on these sites, such development would conform with all applicable local, county, State and federal regulations pertaining to emergency safety. Therefore, implementation of the project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. No impact would occur and no mitigation is required. (Source: 2) h. Expose people or structures to a significant risk ofloss, injury or death involving wildland El ❑ fires, including where wildlands are adjacent to urbanized areas or where residences are EXHIBIT NO, DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 24 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation intermixed with wildlands? Discussion: The project site is not located within the Wildland -Urban Interface (WUI) zone established by the Tiburon Fire Protection District. The project will comply with non -WUI area vegetation management regulations adopted by the Tiburon Fire Protection District. Therefore, implementation of the project would not expose people or structures to significant risk of loss, injury or death involving wildland fires. There would be no impact. (Source: 10) IX. HYDROLOGY AND WATER QUALITY Would the project: a. Violate any water quality standards or waste discharge requirements? ❑ ❑ Discussion: The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not violate any water quality standards or waste discharge requirements. At such time as development may be proposed on any of the properties, project - specific review of potential water quality or waste discharge impacts would be conducted as part of the development review process. Under existing Town, State and Regional Water Quality Control Board (RWQCB) regulations the applicant would be required to reduce any water quality impacts to less - than - significant levels. (Source: 1) b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production El ofpre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Discussion: FEW 0 EXHIBIT N0. b DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 25 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not substantially deplete groundwater supplies or interfere substantially with groundwater recharge. At such time as development may be proposed on any of the properties, project- specific review of potential groundwater impacts would be conducted as part of the development review process. Under existing Town, State and RWQCB regulations the applicant would be required to reduce any groundwater impacts to less- than - significant levels. (Source: 1) c. Substantially alter the existing drainage Pattern of the site or area, including through the alteration of the course of a stream or ❑ El ® El river, in a manner which would result in substantial erosion or siltation on- or off- site? Discussion: The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial erosion or siltation on- or off- site. At such time as development may be proposed on any of the properties, project - specific review of potential drainage impacts would be conducted as part of the development review process. Under existing Town, State and RWQCB regulations the applicant would be required to reduce any drainage impacts to less- than - significant levels. (Source: I) d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or ❑ ❑ ® ❑ amount of surface runoff in a manner which would result in flooding on- or off site? Discussion: The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet EYI-IIBIT N0. DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 26 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not substantially alter the existing drainage pattern of the site or area or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- site. At such time as development may be proposed on any of the properties, project- specific review of potential drainage impacts would be conducted as part of the development review process. Under existing Town, State and RWQCB regulations the applicant would be required to reduce any drainage impacts to less-than- significant levels. (Sources: 1, 2, 9) Create or contribute runoffwater which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted El El Z El runoff? Discussion: The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. At such time as development may be proposed on any of the properties, project - specific review of potential stormwater runoff impacts would be conducted as part of the development review process. The application of pertinent regulations regarding stormwater runoff at that time would be expected to reduce impacts to less- than - significant levels. Under existing Town, State, RWQCB and Marin County Stormwater Pollution Prevention Program (MCSTOPPP) regulations the applicant would be required to reduce any stormwater runoff impacts to less- than - significant levels. (Source: 1) f. Otherwise substantially degrade water quality? ❑ ❑ ® El Discussion: The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not substantially degrade water quality. At such time as development may be proposed on any of the properties, project- specific review of potential water quality impacts would be conducted as part of the EXHIBIT NO.� DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 27 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation development review process. Under existing Town, State and RWQCB regulations the applicant would be required to reduce any drainage impacts to less - than - significant levels. (Source: I) g. Place housing within a 100 year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or ❑ ❑ ® ❑ other flood hazard delineation map? Discussion: The project sites are located within the designated FEMA Special Flood Hazard Areas (SFHAs). However, the project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly increase housing within a 100 -year flood hazard area. At such time as development may be proposed on any of the properties, project- specific review of potential flood hazard impacts would be conducted as part of the development review process and new development would need to comply with the Town's Flood Hazard Ordinance (Chapter 13D of the Tiburon Municipal Code). Under existing Town, State and FEMA regulations the applicant would be required to reduce any flood hazard impacts to less- than-significant levels. (Source: 1) h. Place within a 100 year flood hazard area structures which would impede or redirect El El ® El flood flows? Discussion: See response to IX.g. (Source: 1) i. Expose people or structures to a significant risk ofloss, injury or death involvingflooding, includingflooding as a result ofthefailure ofa ❑ ❑ ® ❑ levee or dam? Discussion: The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the EXHIBIT N0. DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 28 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. At such time as development may be proposed on any of the properties, project - specific review of potential flooding impacts would be conducted as part of the development review process and new development would need to comply with the Town's Flood Hazard Ordinance (Chapter 13D of the Tiburon Municipal Code). Under existing Town, State and FEMA regulations the applicant would be required to reduce any flood hazard impacts to less - than- significant levels. (Source: 1) j. Inundation by seiche, tsunami, or mudf ow? ❑ ❑ ® ❑ Discussion: Marin County has no history of significant damage caused by tsunami or seiche, but a severe seismic event (along the shore of Alaska, for example) could, given the right conditions, trigger a tsunami that may affect the shoreline areas of the Bay, including eastern Marin County. Also, because the Bay functions somewhat as an enclosed basin, it is susceptible to seiche, particularly ones triggered by seismic activity. Tsunami cannot be prevented, nor is it feasible to provide structural mitigation to protect from wave run- up, given the rarity of such events. Tsunami warning systems, evacuation planning and public information campaigns are the established mitigation practices for tsunami and are often best handled on a local or regional (rather than project) scale. Because the inundation maps were only recently released for Marin County, the County and the Town of Tiburon have not yet incorporated tsunami mitigation into disaster planning documents. The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly increase the potential for inundation by seiche, tsunami, or mudflow. At such time as development may be proposed on any of the properties, project - specific review of potential inundation impacts would be conducted as part of the development review process and new development would need to comply with the Town's Flood Hazard Ordinance (Chapter 13D of the Tiburon Municipal Code). As local disaster planning documents are updated for Marin County and the Town of Tiburon, following the guidelines provided by the California Office of emergency Services and the Bay Conservation and Development Commission, they will encompass the project area and are expected to reduce the potential impacts to less- than - significant levels. (Source: 1, 11) EXHIBIT N0. DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 29 Would the project: a. Physically divide an established community? Discussion: Potentially Less - Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation impact Incorporation ❑ ❑ ❑ The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites, but future development on these relatively small sites would not be physically capable of dividing the community. There would be no impact. (Source: I) b. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specificplan, local El El coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Discussion: The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. There are no specific plans for the area, the project is not within a coastal zone and is not within the jurisdiction of the Bay Conservation & Development Commission. There would be no impact. (Sources: 2, 3) c. Conflict with any applicable habitat conservation plan or natural community ❑ E] El conservation plan? Discussion: Currently, there are no adopted local, regional, or state habitat conservation plans that include the Town of Tiburon. There would be no impact. (Source: 2) XI. MINERAL RESOURCES EXHIBIT NO.�s DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 30 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation Would the project: a. Result in the loss of availability of a known mineral resource that would be of value to El El El the region and the residents of the state? Discussion: Ring Mountain, which is considered by the State as a Scientific Resource Zone, is the only mineral resource located within the Town of Tiburon. Ring Mountain is preserved as open space owned by the Marin County Open Space District and therefore no impact would occur. (Source: 2) b. Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific ❑ ❑ ❑ plan or other land use plan? Discussion: See response to X.a. (Source: 2) Would the project: a. Exposure ofpersons to or generation of noise levels in excess ofstandards established in the local general plan or noise ordinance, or ❑ ❑ ® ❑ applicable standards of other agencies? Discussion: The Noise Element of the Tiburon General Plan describes noise conditions within Tiburon and contains lists of sensitive receptors. Diagram 7.1 -3 (Sensitive Receptors) indicates that the only sensitive receptor in the immediate vicinity of the project sites is the parkland found in Teather Park, directly across Beach Road from the site at 2 Beach Road. However, the nearby Point Tiburon Marsh and Lagoon projects contain multi - family residential housing units in close proximity to the subject sites. The Noise Element also includes Noise and Land Use Compatibility Guidelines which are intended to determine where noise levels in the community are acceptable or unacceptable. The Noise Element contains the following policies that would apply to future development projects that would occur on the properties at 2 Beach Road and 1600 Tiburon Boulevard: EXHIBIT NO.�- DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 31 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation N -9: New projects in Downtown shall, through site and building design and the use of the best available building technology, minimize the potential noise conflicts between commercial and residential uses, on mixed -use and adjacent residential properties. N -10: Standard quiet construction methods shall be used where feasible and when construction activities take place within 500 feet of noise sensitive areas. The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. At such time as development may be proposed on any of the properties, project - specific review of potential noise impacts would be conducted as part of the development review process. Under the Town's existing regulations and Noise Element policies the applicant would be required to reduce any noise impacts to less- than - significant levels. (Sources: 1, 2) b. Exposure of persons excessive ground born e borne noise levels? Discussion: to or generation of vibration or ground D El ® El The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly expose persons to or generate excessive ground borne vibration or ground borne noise levels. At such time as development may be proposed on any of the properties, project- specific review of potential noise impacts would be conducted as part of the development review process. Under the Town's existing regulations and Noise Element policies the applicant would be required to reduce any noise impacts to less- than - significant levels. (Source: 1) c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Discussion: EXHIBIT N0. DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 32 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. At such time as development may be proposed on any of the properties, project - specific review of potential noise impacts would be conducted as part of the development review process. Under the Town's existing regulations and Noise Element policies the applicant would be required to reduce any noise impacts to less- than - significant levels. (Source: 1) d. A substantial temporary orperiodic increase in ambient noise levels in the project vicinity ❑ El ® ❑ above levels existing without the project? Discussion: The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. At such time as development may be proposed on any of the properties, project - specific review of potential noise impacts would be conducted as part of the development review process. Under the Town's existing regulations and Noise Element policies the applicant would be required to reduce any noise impacts to less- than - significant levels. (Sources: 1, 2) e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles ofa public airport or public use airport, would the project expose ❑ ❑ ❑ Z people residing or working in the project area to excessive noise levels? Discussion: The Town of Tiburon is not located within an area that is covered by an airport land use plan and is not located within close proximity to a public airport or public use airport. There would be no impact. (Source: 1) EXHIBIT N0. DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 33 Potentially Significant Impact f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to ❑ excessive noise levels? Discussion: Less -Than- Less -Than- No Significant With Significant Impact Mitigation Impact Incorporation ❑ ❑ No airstrips are located in the Town of Tiburon. The nearest private airstrip is located at Smith Ranch, which is approximately eight (8) miles north of Tiburon. There would be no impact. (Source: 1) XHI. POPULATION AND HOUSING Would the project: a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or ❑ ❑ ❑ indirectly (for example, through extension of roads or other infrastructure)? Discussion: The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not induce additional population growth in the area beyond that allowed on the existing site at 1599 Tiburon Boulevard. There would be no impact. (Source: 1) b. Displace substantial numbers of existing housing, necessitating the construction of ❑ ❑ ❑ replacement housing elsewhere? Discussion: The project sites are currently developed with commercial improvements and do not include any housing. There would be no impact. (Source: 1) EXHIBIT NO.�_ DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 34 XIV. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a. Fire protection? Discussion: Potentially Less - Than - Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation ❑ ❑ ❑ 0 Fire protection for the project sites is provided by the Tiburon Fire Protection District, whose main fire station is located less than 1/4 mile from the project sites. The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites, but substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not increase the development potential of the properties enough to require new personnel or fire equipment. There would be no impact. (Source: 1) b. Police protection? Discussion: ❑ ❑ ❑ The Tiburon Police Station is located less than 1/2 mile from the project sites. Tiburon Fire Protection District, whose main fire station is located less than %4 mile from the project sites. The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites, but substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not increase the development potential of the properties enough to require new personnel or police equipment. There would be no impact. (Source: 1) c. Schools? Discussion: ❑ ❑ ❑ EXHIBIT N0. b DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 35 Potentially Less -Than- Less -Than- Significant Significant With Significant Impact Mitigation Impact Incorporation The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not increase the need for new school facilities. There would be no impact. (Source: 1) d. Parks? Discussion: ❑ ❑ ❑ The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not increase the need for new parks or recreation facilities. The Town shall require payment of in -lieu park fees as part of future development of these sites. There would be no impact. (Source: 1) e. Other public facilities? Discussion: ❑ ❑ ❑ No Impact The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not increase the need for other public facilities. There would be no impact. (Source: 1) XV. RECREATION Would the project: f. Increase the use of existing neighborhood and regional parks or other recreational 1:1 El El facilities such that substantial physical deterioration of the facility would occur or be EXHIBIT NO.'_ DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 36 Potentially Less - Than - Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation accelerated? Discussion: The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not increase the use of existing neighborhood and regional parks or other recreational facilities. There would be no impact. (Source: 1) g. Include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse ❑ ❑ ❑ physical effect on the environment? Discussion: The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites, but would not include recreational facilities. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not require the construction or expansion of recreational facilities. There would be no impact. (Source: 1) XVI. TRANSPORTATION/TRAFFIC Would the project: a. Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant ❑ ❑ ® ❑ components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? EXHIBIT N0. DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 37 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation Discussion: All three project sites are clustered around the intersection of Tiburon Boulevard and Beach Road. The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly increase traffic levels at the intersection of Tiburon Boulevard and Beach Road beyond levels of effectiveness established by the Circulation Element of the Tiburon General Plan or the Transportation Authority of Marin Congestion Management Plan. At such time as development may be proposed on any of the properties, project - specific review of potential traffic circulation impacts would be conducted as part of the development review process. Under the Town's existing regulations the applicant would be required to reduce any traffic circulation impacts to less- than - significant levels. (Source: 1) b. Conflict with an applicable congestion management program, including, but not limited to level ofservice standards and travel demand measures, or other standards ❑ ❑ ® ❑ established by the county congestion management agency for designated roads or highways? Discussion: See response to XVI.a. (Source: 1) c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in ❑ ❑ ❑ N substantial safety risks? Discussion: There are no public airports within two miles of the Town of Tiburon and no private airstrips in the vicinity of Tiburon. There would be no impact. (Source. 1) J Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous ❑ ❑ ❑ N intersections) or incompatible uses (e.g., farm EXHIBIT NO.� DOWNTOWN TBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 38 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation equipment)? Discussion: All three project sites are clustered around the intersection of Tiburon Boulevard and Beach Road. The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites, but there are no hazardous traffic design features associated with the intersection of Tiburon Boulevard and Beach Road and future uses would not include incompatible traffic uses. There would be no impact. (Source: 1) e. Result in inadequate emergency access? ❑ ❑ ❑ Discussion: Project traffic on Tiburon Boulevard or Beach Road would not interfere with emergency access to or from the Tiburon Fire Protection District station 0.1 mile away or the Tiburon Police Station 0.5 miles away or affect emergency access to other properties that utilize these streets for access. Development plans do not yet exist for future projects on these sites that would identify potential design characteristics that could interfere with emergency access. There would be no impact. (Source: 1) f. Conflict with adopted policies, plans orprograms regarding public transit, bicycle or pedestrian facilities, or otherwise decrease the performance or ❑ ❑ ® ❑ safety of such facilities? Discussion: The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly decrease the performance or safety of public transit, bicycle or pedestrian facilities in the immediate vicinity. At such time as development may be proposed on any of the properties, project - specific review for compliance with adopted policies, plans or programs regarding public transit, bicycle or pedestrian facilities would be conducted as part of the development review process. Under the Town's existing regulations the applicant would be required to reduce any transit impacts to less-than-significant levels. KXHIBIT N0. DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 39 (Source: 1) g. Result in inadequate parking capacity? Discussion: Potentially Less -Than- Significant Significant With Impact Mitigation Incorporation ❑ ❑ Less -Than- No Significant Impact Impact VJ� The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not result in significantly inadequate parking capacity in the area. However, the site at 2 Beach Road currently consists of a commercial parking lot that provides parking spaces that serve many uses in Downtown Tiburon. The elimination of parking spaces as part of a future development project that would develop affordable housing on this site could affect the overall parking capacity of Downtown Tiburon. At such time as development may be proposed on any of the properties, project - specific review for compliance with local parking requirements for impacts on Downtown Tiburon parking capacity would be conducted as part of the development review process. Under the Town's existing regulations the applicant would be required to reduce any parking impacts to less- than - significant levels. (Source: 1) XVII. UTILITIES AND SERVICE SYSTEMS Would the project: a. Exceed wastewater treatment requirements of the applicable Regional Water Quality El Control Board? El El N Discussion: The project site would be served by Sanitary District No. 5 of Marin County for wastewater treatment. Effluent would be piped through the existing public sewer system to the District's main treatment facility at Paradise Drive and Mar West Street, which has adequate capacity to serve current and projected growth on the Tiburon Peninsula, and no mitigation is required. Sanitary District No. 5 is in compliance with Regional Water Quality Control Board (RWQCB) regulations. The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly increase wastewater demands and would not create any exceedance of wastewater treatment requirements of the RWQCB. There would be no impact. (Source: 6) EXHIBIT N0. DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 40 Potentially Less - Than - Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation b. Require or result in the construction of new water or wastewater treatment facilities or expansion ofexistingfacilities, the construction ❑ ❑ ® ❑ ofwhich could cause significant environmental effects? Discussion: Water is supplied to the project area by the Marin Municipal Water District (MMWD), which indicates that water meters and water allocations are currently available from MMWD. A water main is located within Tiburon Boulevard. The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly increase demand for water, would not trigger the need for new or expanded facilities or supplies, and no mitigation is required. At such time as development may be proposed on any of the properties, project - specific review for water usage would be conducted as part of the development review process. Under existing Town and MMWD regulations the applicant would be required to reduce any potential impacts regarding construction of new water facilities to less -than- significant levels. For wastewater treatment, the project site would be served by Sanitary District No. 5 of Marin County. Effluent would be piped through the existing public sewer system to the District's main treatment facility at Paradise Drive and Mar West Street, which has adequate capacity to serve current and projected growth on the Tiburon Peninsula, and no mitigation is required. As noted above, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not require new water or wastewater treatment facilities, nor would any expansions of existing facilities will be needed. There would be no impact. (Source. 6) c. Require or result in the construction of new storm water drainagefacilities or expansion of existing facilities, the construction of which ❑ ❑ could cause significant environmental effects? Discussion: FN-1 The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly increase storm water drainage in the area or require or result in the construction of new storm EXHIBIT NO DOWNTOWN TBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 41 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation water drainage facilities or expansion of existing facilities. At such time as development may be proposed on any of the properties, project - specific review for the need for new or expanded storm water drainage facilities would be conducted as part of the development review process. Under existing Town, State, RWQCB and MCSTOPPP regulations the applicant would be required to reduce any stormwater drainage impacts to less- than - significant levels. (Source: 1) d. Have su)fcient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements ❑ ❑ N ❑ needed? Discussion: Water is supplied to the project area by the Marin Municipal Water District (MMWD), which indicates that water meters and water allocations are currently available from MMWD. The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly increase demand for water supplies in the area. At such time as development may be proposed on any of the properties, project - specific review for water supplies would be conducted as part of the development review process. Under existing Town, State and RWQCB regulations the applicant would be required to reduce any water supply impacts to less - than - significant levels. (Source: 6) e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in ❑ ❑ N addition to the provider's existing commitments? Discussion: The project site would be served by Sanitary District No. 5 of Marin County for wastewater treatment. Effluent would be piped through the existing public sewer system to the District's main treatment facility at Paradise Drive and Mar West Street, which has adequate capacity to serve current and projected growth on the Tiburon Peninsula, and no mitigation is required. Impacts would therefore be less- than - significant. (Source: 7) 0 f. Be served by a landfill with sujf cient permitted ❑ ❑ N ❑ MIBIT N0. EI DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 42 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation capacity to accommodate the project's solid waste disposal needs? Discussion: Landfill service for the area is provided by the Redwood Landfill Facility, located in northern Marin County, north of Novato. This site includes a 420 -acre active solid waste landfill and other operations including a composting facility. The Redwood Landfill is currently permitted to accept up to 2,310 tons per day until July 2024, with a maximum permitted landfill capacity of 19,100,000 cubic yards. The project would substitute affordable housing overlay zoning and general plan designations on the 1.47 acre site at 1599 Tiburon Boulevard with identical overlay zoning and general plan designations on the sites at 1600 Tiburon Boulevard and 2 Beach Road, which total 1.46 acres. Development plans do not yet exist for future projects on these sites. As a result, substituting development potential on one site with development potential of two other sites of identical size in the same immediate vicinity would not significantly increase solid waste disposal facilities. At such time as development may be proposed on any of the properties, project - specific review for demand upon solid waste disposal facilities would be conducted as part of the development review process. Under existing Town and State regulations the applicant would be required to reduce any impacts on solid waste facilities to less- than - significant levels. (Source: 5) g. Comply with federal, state, and local statutes and regulations related to solid waste? ❑ Discussion: See response to XVH.f. (Source: 5) XVIII. MANDATORY FINDINGS OF SIGNIFICANCE Would the project: a. Does the project have the potential to degrade the quality ofthe environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal ❑ community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? EN LE ►/ E CHIBIT ❑■ El DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 43 Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation Discussion: As summarized in this Initial Study, the subject sites consist of commercial structures and paved surfaces with small areas of decorative landscaping and do not provide appropriate habitat area for any sensitive plant or animal species. Impacts would therefore be less - than - significant. (Sources: All) b. Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection ❑ ❑ ❑ Z with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Discussion: No other cumulative projects are proposed in the vicinity of the project site. As set forth in Sections I — XVII above, the project would have impacts that are individually limited. However, these impacts would not be cumulatively considerable and no additional mitigation is required is address cumulative impacts. (Sources: All) c. Does the project have environmental effects which will cause substantial adverse effects on ❑ El El El human beings, either directly or indirectly? Discussion: As summarized in this Initial Study, the project would not result in potentially significant impacts to cultural resources. No further study or mitigation is required. (Sources: All) C. REFERENCES The following is a list of references used in the preparation of this document. As noted at the beginning of Section B, each of the topics addressed in the Evaluation of Environmental Impacts includes a list of references by number. The numbers for the reference sources correspond with the sources that are listed below by number. Unless attached herein, copies of all reference reports, memorandums and letters are on file with the Town of Tiburon Community Development Department. E MIBIT NO.�2 DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 44 2. 3. 4. 5. 6. 7. 8. 9. 10. it Potentially Less -Than- Less -Than- No Significant Significant With Significant Impact Impact Mitigation Impact Incorporation Site visits; February and March 2014 Town of Tiburon General Plan (as amended through 2010) Town of Tiburon Zoning Ordinance, Title IV, Chapter 16 of the Tiburon Municipal Code; 2010 Hazardous waste list website http: / /www.dtse.ca.p-ov /database /Calsites /Cortese List.cfm Conversation with Redwood Landfill, Petaluma, CA Conversation with Joseph Eischens, MMWD, September 13, 2010 Personal Communication with Robert Lynch, Sanitary District No. 5, September 13, 2010 Town of Tiburon Archaeological Resource Maps Federal Emergency Management Agency, Flood Hazard Maps for Tiburon area, Effective May 4, 2009 Tiburon Fire Protection District Wildland Urban Interface (WUI) map and non -WUI area regulations Belvedere- Tiburon Library Expansion Project Draft Environmental Impact Report, June, 2010 S:\Planning \Staff Folders \dwatrous\Zoning -GP amendment initial study 2014.doc E.1 1IIBIT NO. DOWNTOWN TIBURON HOUSING REZONING AND GENERAL PLAN AMENDMENT PROJECT INITIAL STUDY March, 2014 45 RESOLUTION NO. (Draft) -2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE TIBURON GENERAL PLAN WHEREAS, on September 7, 2005, the Town Council adopted Resolution No. 45 -2005 adopting the Tiburon General Plan, Tiburon 2020; and WHEREAS, on February 1, 2012, the Town Council adopted Resolution No. 07- 2012 adopting the adopting an update of the Tiburon General Plan Housing Element; and WHEREAS, the Town of Tiburon has determined that amendments to the General Plan are needed to implement programs from the current Housing Element and to address affordable housing issues that have arisen in the preparation of the current update for the Housing Element; and WHEREAS, on March 26, 2014, the Tiburon Planning Commission adopted Resolution No. 2014 -03, recommending to the Town Council approval of amendments to the Tiburon General Plan, Tiburon 2020; and WHEREAS, a display ad notice of the public hearing on the amendments was published in the Ark newspaper on April 2, 2014 and other noticing was provided as required by law; and WHEREAS, the Town Council did hold a duly noticed and advertised public hearing on April 16, 2014, at which testimony was received from the public; and WHEREAS, an initial study of environmental impact was prepared and a draft mitigated negative declaration released for public comment on March 5, 2014. The comment period closed on March 26, 2014. The Town Council has considered the environmental documentation and finds that based on the record, no substantial evidence to support a fair argument that a significant adverse impact would result from the project has been presented; and WHEREAS, the Town Council finds that the proposed amendments and maps are consistent with the goals, policies, and programs of the Tiburon General Plan, Tiburon 2020. NOW, THEREFORE, BE IT RESOLVED, that the Town Council does hereby adopt the amendments to the General Plan, Tiburon 2020, identified in Exhibit "A" incorporated therein. TIBURON TOWN COUNCIL RESOLUTION NO. (Draft) -2014 4/16/2014 EXHIBIT NO. E_ PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on April 16, 2014, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON WO-Will DIANE CRANE IACOPI, TOWN CLERK S:\Administraticn \Town Council \Resoltamns\201AGP Amendment draft reso.doc TIBURON TOWN COUNCIL RESOLUTION NO. (Draft) -2014 4/16/2014 r---? EXHIBIT N0. t= EXHIBIT A The Land Use Diagram contained within the Land Use Element of the General Plan is amended to change the designation of the following property to Neighborhood Commercial: 1599 Tiburon Boulevard (Marin County Assessor's Parcel No. 058 - 171 -97; NC zone) The Land Use Diagram contained within the Land Use Element of the General Plan is amended to change the designation to Neighborhood Commercial/Affordable Housing Overlay for the following properties: 1600 Tiburon Boulevard (Marin County Assessor's Parcel No. 059 - 101 -01; NC /AHO zone) 2 Beach Road Boulevard (Marin County Assessor's Parcel No. 058- 171 -97; NC /AHO zone) The Downtown Tiburon Proposed Land Use Diagram contained within the Downtown Element of the General Plan is amended to reflect the changes described above to the Land Use Diagram, and to add a note referencing Diagram 2.2 -1, which would read as follows: NOTE: If there are any discrepancies between this Diagram and Diagram 2.2 -1 (Land Use Diagram), the latter shall control. Policy DT -14 contained within the Downtown Element of the General Plan is amended to read as follows: "Affordable Housing Overlay In the Affordable Housing Overlay, residential uses that are not subject to commercial FAR limitations may be developed as part of mixed -use projects if a minimum of 20 to 25 percent of the units (depending on the size of the property) are reserved for moderate, low, and/or very-low income households. The residential density for these properties should be within a range from 12.5 units per acre to 15.3 units per acre (a yield of 16.9 units per acre to 20.7 units per acre after applying the state - mandated density bonus). The maximum allowable commercial development intensity for lands designated with an Affordable Housing Overlay is an FAR of 0.31. The Town will not permit new commercial development of properties designated with the Affordable Housing Overlay to an intensity that would prevent the achievement of at least 80% of the minimum housing density (12.5 units /acre) for that site." TIBURON TOWN COUNCIL RESOLUTION NO. (Draft) -2014 4/16/2014 3 EKHIBIT N0. C ORDINANCE NO. (DRAFT) AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) BYAMENDING THE TIBURON ZONING MAP AND MAKING TEXT AMENDMENTS SECTION 1. FINDINGS. A. On March 26, 2014, the Planning Commission adopted Resolution No. 2014 -03 recommending to the Town Council that amendments be made to the Tiburon Zoning Map and text amendments be made to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. B. The Town Council held a duly noticed public hearing on April 16, 2014 and has heard and considered all public testimony on the proposed Ordinance. C. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council finds that the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare. E. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and polices of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon, and further the intent and purposes of General Plan goals and policies. F. The Town Council finds that an initial study of environmental impact was prepared and a draft mitigated negative declaration released for public comment on March 5, 2014. The comment period closed on March 26, 2014. The Town Council has considered the environmental documentation and finds that, based on the record, no substantial evidence to support a fair argument that a significant adverse impact would result from the project has been presented. SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE. The Tiburon Zoning Map shall be amended to change the zoning designation of the property at 1599 Tiburon Boulevard from NC /AHO (Neighborhood Commercial/ Affordable Housing Overlay) to NC (Neighborhood Commercial) and to change the zoning designation of the properties at 1600 Tiburon Boulevard and 2 Beach Road from NC (Neighborhood Commercial) to NC /AHO (Neighborhood Commercial/Affordable Housing Overlay). Tihuron Town Council Ordinance No. (Draft). Effective —1- -12014 1 EXHIBIT NO. T� Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code shall be amended as follows: Section 16- 23.030 (D[a]) shall be amended to read as follows: D. Qualification. In order to qualify for the benefits of these overlay zones, a residential development project shall comply with all of the following: a. Include a minimum of five percent very low- income, ten percent low- income, and ten percent moderate - income housing units, as defined in Section 16- 70.030 (General Inclusionary Requirements). Moderate- income rental units shall be counted only if they are below ninety percent of the median income. On smaller sites that would yield ten or fewer total units at the minimum allowable density, the affordable component shall be reduced from twenty- five to twenty percent of total units. At least fifty percent of the required affordable units shall be low income or very low income. SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The Town Council of the Town of Tiburon hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 4. PUBLICATION AND EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after the date of adoption. Pursuant to the provisions of the California Government Code, a summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the ordinance along with the names of those Council members voting for and against the ordinance. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on the 168' day of April, 2014, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on the 7s' day of May, 2014, by the following vote: Tiburon Town Council Ordinance No. (Draft). Effective --1--12014 2 ENCHIEIT N0. F AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Ordinance No. (Draft). ALICE FREDERICKS, MAYOR TOWN OF TIBURON Effective - -/- -12014 3 E"KIHIBIT N0.