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Home My WebLink AboutTC Agd Pkt 2014-06-18 (4)Date: To: From: Subject: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 June 18, 2014 Mayor and Members of the Town Council Heidi Bigall, Director of Administrative Services -14 Proposed Additions to FY 2014 -15 Municipal Budget During the past week, Staff has identified three additional programs that should be considered and incorporated into the FY 2014 -15 Municipal Budget Plan. Below provides an outline of the proposed additions: 1. Appropriate an additional $25,000 in the Administration Division Professional Consultants line -item to fund a school bus routing analysis. 2. Appropriate an additional $15,000 in the Town Hall Facility Division Special Maintenance line -item. This would bring the total up to $47,500, of which $45,000 would be earmarked towards Dairy Knoll. 3. Appropriate $25,000 in the Capital Improvement Program towards vegetation maintenance along the Old Rail Trail. Staff will provide further information on these three items at the meeting. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: DISCUSSION Municipal Budget Mayor and Members of the Town Council Department of Administrative Services Town Council Meeting June 18, 2014 Agenda item: Recommendation to Adopt Resolutions Establishing Municipal Budget Plan and Establishing an Appropriation Limit (Gann Limit) for FY 2014 -15 At the regular meeting of June 4, 2014 the Town Council received a presentation and held a public hearing on the proposed Municipal Budget for FY 2014 -15. It is now appropriate that the Town Council adopt the exhibit resolution approving a municipal budget plan for fiscal year 2014 -15. Recapping the presentation at the June 4, 2014 meeting, the total Town budget appropriates $13,553,333 in expenditures. The total budget includes $9,659,299 in operating expenditures, $392,773 in capital equipment and IT outlay, $2,639,200 in capital improvements, and $862,061 in debt service. The operating budget is balanced and provides a $229,590 surplus. No revisions have been made since the first presentation. Appropriation Limits (Gann) FY 2014 -15 Proposition 4, approved by California voters in November 1979, established and defined annual revenue appropriation limits on all government entities. Proposition 4 became effective in Fiscal Year 1980 -81; however the calculations to determine the annual limit are carried from a Fiscal Year 1978 -79 base. Proposition 4 was modified in 1990 with the passage of Proposition 111, which slightly changes the annual adjustment factors, f ether identification of the types of expenditures which are excluded from the limit, and provisions for the exclusion of emergency expenditures from the limit. Implementation legislation provides that the Town Council shall, at a regularly scheduled meeting, establish by resolution the amount of appropriation subject to limitation. The State is to be provided with informational forms with the filing of the Annual Statement of Financial Transactions no later than ninety days after the start of the fiscal year. The appropriations limit is the calculated dollar amount which limits the Town's ability to receive and expend proceeds of taxes. Such revenues include: Property Taxes, ERAF rebates, Sales Taxes, Real Property Transfer Taxes, Transient Occupancy Taxes, Business License Taxes, State Motor Vehicle Fees, Off - Highway Taxes, certain rental income, other revenues and rebates, a TOWN OF TrBuRON PAGE 1 OF 3 Town Council ?`•leering June 18, '4014 share of Investment Earnings, and transfer of funds from other funds into reserves of the General Fund. The limit is calculated by adjusting the previously adopted limit by factors which include: (1) the State of California Per Capita Income Growth, and (2) the Town's Population Growth. Both these figures are provided by the State Department of Finance. The limit is further adjusted if cities bear the costs of legislated fees for the transfer of responsibility. The County, through SB 2335, established fees for the collection of property taxes and for booking prisoners. The calculation for the Town of Tiburon's Appropriations Limitation for FY 2014 -15 is illustrated below: Gann Limit Calculation — FY 2014 -15 Amount 1. Previously established limit, July 1, 2013 $7,901,856 2. Adjustment Factors Per capital personal income - 0.23 % Population growth 0.38% 3. Multiplier, for adjustment to limit (- 1.0023 x.1.0018) 1.00149 4. Annual Adjustment Amount (1) x (3) $11,783 5. Add: legislated pass - through fees County property tax collection $53,000 6. Revised limit, July 1, 2014 $7,966,178 Once the Appropriations Limitation has been determined for the upcoming fiscal year, Staff must then determine the amount of revenues that the Town expects to receive that are subject to the limit. The table below illustrates revenues that are subject to the Gann Limit. TOWN (LF Tm IRON Pane ' of ± Town Council Mce-Ling Junc 18, 2014 2014 -15 Appropriations Subject to Gann Limit Amount A. Proceeds of Taxes $ 6,278,814 B. Exclusions -0- C. Appropriations subject to Limitation $ 6,278,814 D. Current Year Limit (from above) $ 7,966,178 E. Over (Under) Gann Limit ($1,687,364) F. Percent Over (Under) Limit (26.87 %) Any additional revenues received during FY 2014 -15 that are considered "proceeds of taxes" will reduce the amount the Town is currently under the Gann Limit. FINANCIAL IMPACT By approving the Resolutions as presented, the Council is authorizing the level of expenses, within funds, for the 2014 -15 fiscal year, and establishes the Appropriations subject to Limitation amount for FY 2014 -15. RECOMMENDATION Staff recommends that Council: 1. Conduct a Public Hearing on the proposed Municipal Budget Plan for FY 2014 -15, 2. Moved to adopt the following resolutions: a. Adopting the Municipal Budget Plan for FY 2014 -15 b. Establishing the Town's Appropriation Limit for FY 2014 -15 Exhibits 1. Resolution Adopting the Municipal Budget Plan for FY 2014 -15 3. Resolution Establishing the Town's Appropriation Limit for FY 2014 -15 Prepared By: Heidi Bigall, Director of Administrative Services Tow-, C,r•TmTRON Page 3,,f 3 RESOLUTION NO. -2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A MUNICIPAL BUDGET PLAN FOR THE TOWN OF TIBURON FOR THE FISCAL YEAR ENDING JUNE 30, 2015 WHEREAS, the Town Council conducted a Public Hearing concerning the proposed Municipal Budget Plan for fiscal year 2015 at its regularly scheduled meetings on Wednesday, June 4, 2014 and June 18, 2014; and WHEREAS, the Town Council now finds that the proposed Municipal Budget Plan, as estimated, provides for all appropriate municipal purposes and services with current fund(s) and resources and estimated revenues for fiscal year 2015; and NOW, THEREFORE, BE IT RESOLVED; that the proposed Municipal Budget Plan appropriates revenues and other sources of funds for expenditures associated with operations, capital outlays, capital improvements, and debt service, in the following amounts: Section 1. Operating Budget Program - The proposed Plan has sufficient resources to finance the planned expenditures: Revenues and Funding Sources $9,888,889 Expenditures 9,659,299 Total Operating Net: $ 229,590 Section 1 a. Operating Revenue Appropriation — Estimated Revenues and Sources of Funds for fiscal year 2015 GENERAL FUND Property Taxes $ 4,432,233 Other Taxes 1,430,979 Franchise Fees 653,398 Fines & Forfeitures 144,750 Investment Earnings 27,250 Intergovernmental & Agency 91,000 Licenses & Permits 905,350 Charges for Services 351,800 Other Revenues 121,700 Subtotal General Fund Revenues $ 8,158,460 OTHER FUNDING SOURCES Low/Moderate Housing Fund 21,190 Town Owned Housing Fund 71,310 Page 1 of 5 Peninsula Library Agency 1,426,179 Police COPS /SLESF Fund 100,000 Cypress Hollow Fund 16,750 Long Range Planning Fund 95,000 Total Revenues & Sources $9,888,889 Legislative 41,500 Section lb. Operating Expenditures Appropriation — Planned Department expenditures for fiscal year 2015: Page 2 of 5 AMOUNT ADMINISTRATION Town Attorney $ 270,926 Town Administration 1,079,642 Administration Building 254,800 Legislative 41,500 COMMUNITY DEVELOPMENT Planning & Design Review $ 511,084 Building Inspection 577,972 Advanced Planning 95,000 POLICE Police Department $3,040,371 Police Building 62,300 PUBLIC WORKS Administration $ 351,098 Streets Maintenance 471,247 Parks Maintenance 434,950 Street & Signal Light Maintenance 40,100 Corporation Yard 85,700 Cypress Hollow 16,750 NON - DEPARTMENTAL Insurances & JPAs 807,180 Low - Moderate Income Housing 21,190 Town Owned Housing 71,310 Belvedere/Tiburon Library Agency 1,426,179 Total Expenditures: $9,659,299 Page 2 of 5 Section 2. Capital Improvement Program — Sources of Funding for Planned Streets, Drainage and Community Development Improvements in fiscal year 2015: Page 3 of 5 SOURCES PROJECTS General Fund Unallocated Reserve 296,000 General Fund Infrastructure & Facility Reserve 390,000 Gas Tax Fund 365,200 General Fund Streets & Drainage Reserve 610,000 Street Impact Fund 665,000 Measure "A" Funds - Streets 9,000 General Fund Park Development Reserve 30,000 General Fund Technology Reserve 50,000 Measure `B" VLF Funds 55,000 Measure "A" Open Space 52,000 Community Donations 117,000 STREETS Resurfacing Engineering & Administration $ 750,000 Paradise Drive Foundation Maintenance 140,000 Contingency Provision 15,000 Traffic Calming Improvements 20,000 Subtotal Streets Improvements $ 925,000 DRAINAGE Annual Storm Drain Flushing 100,000 Drainage Improvements 225,000 Subtotal Drainage Improvements $ 325,000 COMMUNITY UYIPROVEMENTS Median Improvements — Cecilia Way to Bay Vista — Construction/Inspection $ 390,000 Railroad Marsh — JARPA Permit Fees 10,000 Railroad Marsh — Vegetation Removal & Dredging 40,000 Rule 20B Undergrounding of Utility Lines — Lyford to San Rafael Avenue — Construction 390,000 Trail Head Fencing — Gilmartin Middle Ride 20,000 Open Space Vegetation Management 26,000 Speed Survey - 15,000 Curb Rams and Misc. Sidewalk Improvements 17,000 Town Council Audio/Video Improvements 50,000 Dairy Knoll Access Pathway 50,000 Old Rail Trail Maintenance (New DG Path @ Lyford Parkin Lot) 100,000 Page 3 of 5 Rehab Pathway near Trestle Berm AMOUNT 13,500 Rehab Pathway near RBSD Stewart Drive Assessment District 10,000 Rehab Pathway at South Knoll Park 373,311 3,700 Teather Park —New Irrigation Lines Del Mar 2010 Supplemental Assessment 30,000 New Waste Receptacles and Benches $ 862,061 18,000 Tiburon Boulevard Relinquishment (CaITRANS PSSR Report) 88,000 Tiburon Boulevard Relinquishment (Cost/Benefit Analysis) 45,000 Down Town Improvements (Signage, Cross Walks ) 110,000 Subtotal Community Development Projects $1,389,200 Total Capital Improvements $296391200 $2,639,200 Section 3. Debt Service Program — Planned Debt Service and related expenses for special assessment, community facilities districts, and general obligation bond issues of the Town are as previously planned: BOND ISSUE AMOUNT Main Street Assessment District 39,926 Stewart Drive Assessment District 106,303 Lyford Cove Assessment District 373,311 Del Mar Valley Assessment District 212,319 Del Mar 2010 Supplemental Assessment 130,203 Total Debt Service $ 862,061 IT IS FURTHER RESOLVED that the Town Manager may make adjustments and activities within the budget provided that no increase or diminishment in salaries result other than that provided by the Town's Personnel System and Master Salary Program, or as authorized by the Town Council, and provided that no expenditure or encumbrance contingent on contract agreement, or other engagement requiring approval of the Town Council shall be made until such contract is first approved by the Town Council. Page 4 of 5 PASSED AND ADOPTED at a special meeting of the Town Council of the Town of Tiburon on June 12014, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Page 5 of 5 RESOLUTION NO. -2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING AN APPROPRIATION LIMIT FOR FISCAL YEAR 2014 -15 PURSUANT TO ARTICLE XIII B. OF THE CONSTITUTION Is) a 1011 IIF:11*41MOM01X61*121I1 WHEREAS, Article XIII B. of the Constitution of the State of California requires governmental jurisdictions to establish appropriations limits each year, and WHEREAS, the previously established limit for Fiscal Year 2013 -14 was $7,901,856, and the State Department of Finance has determined that the 2014 -15 Per Capita Personal Income Factor is - 0.23 %, and the Population Change Factor is 0.38 %; the Director of Administrative Services estimates that legislated pass - through fees of the County will be $53,000; the Director of Administrative Services of the Town of Tiburon has determined that the appropriations limit in the amount of $7,966,178 shall be established for Fiscal Year 2014 -15. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that an appropriations limit in the amount of $7,966,178 is established for Fiscal Year 2014 -15 pursuant to Article XIII B of the Constitution of the State of California. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June , 2014 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK To: From: Town OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting June 18, 2014 Agenda Item: P' / , Subject: 168 Antonette Drive and 4885 Paradise Drive; Files #31401 & 31403; Requests to Amend the Parente Vista Precise Development Plan (PD #4) and the Kahn Precise Plan (PD #3) to Remove an Area from the Parente Vista Precise Development Plan and Add the Area to the Kahn Precise Plan; Englebert Bangayan, Julie Song and Achuck Family Partnership, L.P., Owners /Applicants; Assessor's Parcel Nos. 038- 111 -35 & 038 -091- 37 Reviewed By: PROJECT DATA Addresses: 168 Antonette Drive Assessor's Parcel Nos.: 038 - 111 -35 File Numbers: Lot Sizes: Zoning: Precise Plan: General Plan: Current Uses: Owners /Applicants: BACKGROUND 31401 2.08 acres RPD (Residential Planned Development) Parente Vista P.D.P. (PD 44) ML (Medium Low Density Residential) Vacant lot/Approved House Design Englebert Bangayan and Julie Song 4885 Paradise Drive 038- 091 -37 31403 2.10 acres RPD Kahn P.P. (PD #3) ML Single - Family Residential Achuck Family Partnership, L.P. The project involves proposed amendments to the Parente Vista Precise Development Plan and the Kahn Precise Plan for properties located at 168 Antonette Drive and 4885 Paradise Drive. On May 14, 2014, the Planning Commission adopted Resolution Nos. 2014 -07 & 2014 -08 (Exhibits 7 & 8) recommending to the Town Council that the proposed amendments be approved. PROPOSAL The applicants propose to amend the Parente Vista Precise Development Plan and the Kahn Precise Plan for properties located at 168 Antonette Drive and 4885 Paradise Drive. The amendments will be precursors to a lot line adjustment that would transfer a portion of the lot at 168 Antonette Drive to the adjacent property at 4885 Paradise Drive. The amendments would remove the subject area from the Parente Vista Precise Development Plan and add it to the land TOWN OF TIBURON PAGE 1 OF 4 Town Council Nleering June 18, 2014 area governed by the Kahn Precise Plan. The transferred portion of land would be developed with an open parking area, retaining walls and landscaping for the property at 4885 Paradise Drive. 1;16 -1 M-M, The Parente Vista Precise Development Plan was approved by the Town Council on September 1, 2010 (Town Council Resolution No. 47 -2010, Exhibit 5). The plan approved the development of a 10.2 acre parcel into two single - family lots. Lot 1, at the lower portion of the site, is 2.1 acres in size, while the upper Lot 2 is 8.1 acres. Both lots would be served by a common privately maintained roadway that will connect to Antonette Drive, which is itself a privately maintained roadway. The Precise Development Plan established building envelopes and maximum floor areas for both lots. The owners of Lot 1 (168 Antonette Drive) have recently received Site Plan and Architectural Review approval to construct a new single - family dwelling on their property. The Kahn Precise Plan was approved in 1979 (Town Council Resolution No. 1058, Exhibit 6). The Precise Plan established building envelopes for three single - family lots. The building envelope for the property at 4885 Paradise Drive was amended by the Town Council in 1985 and currently extends to within 10 feet of the shared property line with 168 Antonette Drive. ANALYSIS The area proposed to be transferred as part of the subject amendments is currently governed by the Parente Vista Precise Development Plan. The area is located outside of the approved building envelope for Lot 1 and is situated between the proposed private roadway serving both Lot 1 and Lot 2 and the north side property line that borders 4885 Paradise Drive. The approved building envelope for Lot 1 is situated on the southern side of the roadway. The Precise Development Plan required the subject area to be landscaped, but this area was not required to be placed into protected open space. No physical improvements are currently allowed in this area other than landscaping. The proposed improvements in the area proposed to be transferred would appear to be consistent with a mitigation measure in the Parente Vista Project EIR ensuring that wildlife travel is preserved across the site. The property at 4885 Paradise Drive is accessed by a shared roadway that connects this site and four other homes (4875, 4879, 4881 & 4883 Paradise Drive) to Paradise Drive. The driveway on this lot ends in a parking pad that is adjacent to the property line shared with 168 Antonette Drive. The requested amendment to the Kahn Precise Plan would extend the parking pad 20 to 36 feet onto the area to be transferred. The amendment would also allow installation of landscaping and retaining walls no taller than 4 feet. The current owner of 4885 Paradise Drive (Achuck Family Partnership, L.P.) also owned the Parente Vista property at the time that the Precise Development Plan was approved. As part of the sale of Lot 1 to its current property owners (Englebert Bangayan and Julie Song), an agreement was reached that called for a lot line adjustment that would transfer the area in question from 168 Antonette Drive to the property at 4885 Paradise Drive. The proposed project would be consistent with the future land uses.described in this private agreement (a copy of which is attached as Exhibit 10). TOWN OF TIBURON PAGE 2 OF 4 Toxin Council Wering Jmc 18,'1014 During the review of the proposed single - family home at 168 Antonette Drive, staff observed that grading on the site had resulted in an unpaved roadway leading across the site to the property at 4885 Paradise Drive. Staff has informed the owner that the Parente Vista Precise Development Plan does not allow access to other properties and that this roadway must be removed and the area restored. REVIEW BY THE PLANNING COMMISSION The Planning Commission held a public hearing on this application at its May 14, 2014 meeting. At that meeting, the Planning Commission generally supported the proposed project and found that it was in conformance with the overall intent of the Parente Vista Precise Development Plan, the Kahn Precise Plan and the Tiburon General Plan. However, several neighboring property owners raised concerns that the amendment could potentially allow vehicular access between the proposed parking pad and the private roadway for the Parente Vista project. While such access would be inconsistent with the Parente Vista Precise Development Plan, in an abundance of caution, the Planning Commission recommended adoption of conditions of approval specifically prohibiting such vehicular access and requiring the installation of a short wall or other barrier to physically further prevent such access. The Commission voted 3 -0 to recommend the applications for approval as so modified. Draft minutes of the May 14, 2014 meeting are attached as Exhibit 9. ENVIRONMENTAL REVIEW Staff has preliminarily determined that the subject applications are categorically exempt from the requirements of CEQA per Section 15301, 15303 & 15304 of the CEQA Guidelines. RECOMMENDATION Staff recommends that the Town Council: Hold a public hearing on this item 2. Adopt the draft resolutions (Exhibits 1 & 2) approving the subject applications EXHIBITS 1. Draft Resolution approving the amendment to the Parente Vista Precise Development Plan 2. Draft Resolution approving the amendment to the Kahn Precise Plan 3. Application form and supplemental materials for 168 Antonette Drive 4. Application form and supplemental materials for 4885 Paradise Drive 5. Town Council Resolution No. 47 -2010 6. Town Council Resolution No. 1058 7. Planning Commission Resolution No. 2014 -07 8. Planning Commission Resolution No. 2014 -08 9. Draft minutes of the May 14, 2014 Planning Commission meeting 10. Agreement between 168 Antonette Drive and 4885 Paradise Drive TOWN OF TIBURON PAGE 3 OF 4 Tawn Council \lecring Junc 18, 2014 11. Letter from Englebert Bangayan, dated May 7, 2014 12. Letter from Sam and Jennifer Dibble, dated May 11, 2014 13. Letter from Velda and James Demmert, dated May 13, 2014 14. Submitted plans Prepared By: Daniel M. Watrous, Planning Manager \shared\admini=tion \Town CounciRstaffreports\2014\iune 18 drafts \168 Antonette Drive -4885 Paradise Drive report.doc TOWN OF TIBURON PAGE 4 OF 4 RECORDING REQUESTED, RETURN TO: TIBURON TOWN CLERK 1505 TIBURON BOULEVARD TIBURON, CA 94920 Record without fee per G.C. 27383 RESOLUTION NO. (Draft) -2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE PARENTE VISTA PRECISE DEVELOPMENT PLAN (PD #4) TO REMOVE AN AREA FROM THE PRECISE DEVELOPMENT PLAN ON PROPERTY AT 168 ANTONETTE DRIVE ASSESSOR PARCEL NO. 038-111-35 WHEREAS, on May 14, 2014, the Planning Commission held a public hearing to consider the approval of an amendment to the Parente Vista Precise Development Plan (PD 94) to remove a portion of the lot at 168 Antonette Drive from the Parente Vista Precise Development Plan for the purpose of adding it to property commonly known as 4885 Paradise Drive; and WHEREAS, after receiving public testimony and considering the application (File #31401) at that hearing, the Planning Commission adopted Resolution No. 2014 -08 recommending to the Town Council that the Precise Development Plan Amendment be approved;and WHEREAS, on June 18, 2014, the Town Council held a public hearing on this application and after hearing all testimony and reviewing all documents on the record, the Town Council concurred with the findings made by the Planning Commission and found that the proposed precise plan amendment t would be consistent with the overall intention of the Parente Vista Precise Development Plan and the policies contained within the Tiburon General Plan; and WHEREAS, the Town Council finds that the project is exempt from the requirements of the California Environmental Quality Act per Sections 15301, 15303 & 15304 of the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the requested amendment to the Parente Vista Precise Development Plan, subject to the following conditions: For zoning purposes, the area on the property at 168 Antonette Drive (PD #4, Parente Vista Precise Development Plan; Lot 1) shall be transferred to the property at 4885 Paradise Drive (PD #3; Kahn Precise Plan; Parcel 3) as reflected on the drawing labeled Precise Plan Amendment for Parente Vista Lot 1, prepared by ILS Associates, Inc., received by the Town of Tiburon on April 7, 2014. Said TIBURON TOWN COUNCIL RESOLUTION NO. (DRAFT)-2014 JUNE 18, 2014 1 R�IIBIT NO.A. drawing is on file with the Town of Tiburon Planning Division in File Nos. 31401 and 31403. 2. Retaining walls and other improvements shall be installed in a manner that does not substantially impede wildlife travel across the area described in Condition No. 1 above. 3. There shall be no vehicular access of any kind permitted between the property at 168 Antonette Drive and the property at 4885 Paradise Drive. 4. A wall at least two feet in height, or similar physical barrier acceptable to Planning Division staff, shall be installed at the end of the parking pad in the area described in Condition No. 1 above, sufficient to prevent vehicular access and not impede wildlife into this area. This approval shall in no way alter other provisions of the Parente Vista Precise Development Plan not specifically modified herein. PASSED AND ADOPTED at a regular meeting of the Town Council on June 18, 2014, by the following vote: AYES: 1100.71 ABSENT: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK TIBURON TOWN COUNCIL RESOLUTION NO. (DRAFT) -2014 JUNE 18. 2014 EXHIBIT N0. 1 RECORDING REQUESTED, RETURN TO: TIBURON TOWN CLERK 1505 TIBURON BOULEVARD TIBURON, CA 94920 Record without fee per G.C. 27383 RESOLUTION NO. (Draft) -2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE KAHN PRECISE PLAN (PD #3) TO ADD AN AREA TO THE PRECISE PLAN FOR PROPERTY AT 4885 PARADISE DRIVE ASSESSOR PARCEL NO. 038-091-37 WHEREAS, on May 14, 2014, the Planning Commission held a public hearing to consider the approval of an amendment to the Kahn Precise Plan (PD 43) to transfer a portion of the lot at 168 Antonette Drive to the property at 4885 Paradise Drive and include it in the Kahn Precise Plan; and WHEREAS, after receiving public testimony and considering the application (File #31403) at that hearing, the Planning Commission adopted Resolution No. 2014 -07 recommending to the Town Council that the Precise Plan Amendment be approved; and WHEREAS, on June 18, 2014, the Town Council held a public hearing on this application and after hearing all testimony and reviewing all documents on the record, the Town Council concurred with the findings made by the Planning Commission and found that the proposed precise plan amendment t would be consistent with the overall intention of the Kahn Precise Plan and the policies contained within the Tiburon General Plan; and WHEREAS, the Town Council finds that the project is exempt from the requirements of the California Environmental Quality Act per Sections 15301, 15303 & 15304 of the CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the requested amendment to the Miraflores Precise Plan, subject to the following conditions: For zoning purposes, the area on the property at 168 Antonette Drive (PD #4, Parente Vista Precise Development Plan; Lot 1) shall be transferred to the property at 4885 Paradise Drive (PD #3; Kahn Precise Plan; Parcel 3) as reflected on the drawing labeled Precise Plan Amendment for Parente Vista Lot 1, prepared by ILS Associates, Inc., received by the Town of Tiburon on April 7, 2014. Said drawing is on file with the Town of Tiburon Planning Division in File Nos. 31401 and 31403. TIBURON TOWN COUNCIL RESOLUTION NO. (DRAFT }2014 NNE 18, 2014 EXHIBIT N0. 2 2. Retaining walls and other improvements shall be installed in a manner that does not substantially impede wildlife travel across the area described in Condition No. 1 above. 3. There shall be no vehicular access of any kind permitted between the property at 168 Antonette Drive and the property at 4885 Paradise Drive. 4. A wall at least two feet in height, or similar physical barrier acceptable to Planning Division staff, shall be installed at the end of the parking pad in the area described in Condition No. 1 above, sufficient to prevent vehicular access and not impede wildlife into this area. 5. This approval shall in no way alter other provisions of the Kahn Precise Plan not specifically modified herein. PASSED AND ADOPTED at a regular meeting of the Town Council on June 18, 2014, by the following vote: MOO NOES: ABSENT: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK TIBURON TOWN COUNCIL RESOLUTION NO. (DRAFT) -2014 JUNE 18.2014 EXHIBIT NO. Z FEB Z 4 2014 TOWN OF TIBURON PL LAND DEVELOPMENT APPLICATIO TYPE OF APPLICATION O Conditional Use Permit �( Precise Development Plan • Secondary Dwelling Unit • Zoning Text Amendment • Rezoning or Prezoning O General Plan Amendment O Change of Address 0 Design Review (DRB) 0 Design Review (Staff level) O Variance O Floor Area Exception O Tidelands Permit O Sign Permit O Tree Permit • Tentative Subdivision Map • Final Subdivision Map • Parcel Map • Lot Line Adjustment • Condominium Use Permit • Certificate of Compliance W Other Q.w..rn„aQ.n*. APPLICANT REQUIRED INFORMATION SITE ADDRESS: I T L� I�a� 12. LLC PROPERTY SIZE: 1.1 ce. — PARCELNUMBER: D38- II(- I(9 ZONING: . OWNER OF PROPERTY: 1- MAILING ADDRESS: A= 141t7 si._-i I 9on CITY/ST PHONE NUMBER: 4t5' 57 7- OSSS FAX _ P 5° Fes_ 5 405 "*APPLICANT : (Other than Property Owner) 1a-k. A3.76m- MAILING ADDRESS: 71S S L L" � ice` 14 14'1 PHONE NUMBER: 4t.: 319-91,1H FAX ARCHITECT /DESIGNERIENGINEER: I L S Oani -ref 9- MAILING ADDRESS: r° a 5 f A lslan —fir LA Please indicate with an asterisk ( *) persons to whom Town correspondence should be sent. BRIEF DESCRIPTION OF sheet if needed): I, the undersigned owner (or authorized agent) of the property herein described, hereby make application for approval of the plans submitted and made a part of this application in accordance with the provisions of the Town Municipal Code, and I hereby certify that the information given is true and correct to the best of my knowledge and belief. I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town grants the approval, with or without conditions, and that action is challenged by a third party, I will be responsible for defending against this challenge. I therefore agree to accept this responsibility for defense at the request of the Town and also agree to defend, indemnify and hold the Town harmless from any costs, claims or liabilities arising from the approval, including, without limitation, any award of attorneys fees that might result from the third party challenge. t *Signature: c— Date: ul Joliq *If other than owner, must have letter from owner " -. DEPART.MEN7AL f!rtur.eaatrv� trvrvmvwuvw — Application No:: 31'46( GP Desl9natibnFee`Depo §it'$ Date Received: aw{�ry ;ReceivediBy Receipt# 13723 �( Date Deemed Corn plate,: ` By: Adinq'Bod "y: .Action. -. Date: Conditions _of Aooroval or Comments:' Resolution or'Ordmance# JT N0. P, f bF- Tom W. Newton & associates 715 Sun Lane Novato, Ca 94947 415 898 0962 fax 415 898 0963email: tomcinnewt(d7Comcast. net Mr. Daniel M. Watrous Planning Manager /Environmental Coordinator Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Tom W. Newton, principle land development consulting, construction and property inspection services May 2, 2014 Re: Amendment to the Parente Vista Precise Development Plan Dear Mr. Watrous: The proposed secondary envelope that would allow a swimming pool and hot tub /spa in the lawn area of the Parente Vista PDP Amendment area is hereby withdrawn. Therefore the amended plan is as originally proposed. Upon approval, the amended area will be removed from Parente Vista Precise Development Plan and transferred to Lot 3 of the Kahn Precise Plan which is 4885 Paradise Drive Here is the modified description: Proiect Description An amendment to the Parente Vista Precise Development Plan as approved on September 1, 2010. The amendment modifies grading work and drainage improvements and adds landscaping improvements on a portion of Lot 1. Land use improvements in the amended area consist of a synthetic lawn area, a parking area, four retaining walls with a maximum height not to exceed 4 feet, drainage facilities and landscaping. No other improvements or uses are allowed. The amendment area will be removed from the Parente Vista PDP and transferred to 4885 Paradise Drive upon Town approval of a lot line adjustmet. The project will require the following Town actions: a) Approval of grading and drainage work in the westerly portion of Lot 1 as shown on the "Grading and Drainage Plan For Amended Lot 1 And 4885 Paradise Drive" prepared by ILS Associates, Inc. dated 4/1/2014. The project plan amends that portion of Lot 1 as shown on Sheets C -4 and C -5 of Project plans prepared by ILS Associates, Inc. dated September 9, 2009. This approval requires amendments to Resolution No. 47 -2010 to read as follows: Section 1 F, 3. Project plans (11 sheets) prepared by ILS Associates, Inc., dated September 9, 2009 as amended by the Grading And Drainage Plan For Amended Lot 1 And 4885 Paradise Drive prepared by ILS Associates, Inc. dated 411/2014" MXHIBIT NO- .3 � , 2- of -3 Watrous May 2, 2014 page 2 Section 3, 1, c. "The project plans (11sheets) prepared by ILS Associates, Inc., dated September 9, 2009 as amended by the Grading And Drainage Plan For Amended Lot 1 And 4885 Paradise Drive prepared by ILS Associates, Inc., dated 411/2014 as may be modified herein;" b) Approval of Landscape /Open Space Plan Sheet L -1 and Detail Plan Sheet L -2 prepared by Pedersen Associates, Landscape Architects, dated 4/1/2014. This approval requires amendments to Resolution 47 -2010 to read as follows: Section 1, F, 5. "Project plans (sheets L -1 & L -2) prepared by Pedersen Associates, Landscape Architects, dated 4/1/2014." Section 3, 1, e. 'The project plans (sheets L -1 & L -2) prepared by Pedersen Associates, Landscape Architects, dated 4/1/2014 as may be modified herein." c) Approval of an amendment to Exhibit C (Common Landscaping Improvements) as contained in the Declaration Of Restrictions and Agreement For Maintenance of Private Roadway, Drainage Facilities and Landscaping. The amended Exhibit C identifies the location and names of plant materials and walls to be maintained equally by the owners of both Lots 1 and 2. d) Approval of an amendment that removes the area from the Parente Vista Precise Development Plan. e) Approval of a lot line adjustment transferring the area to 4885 Paradise Drive. Cordially, Project Planning Coordinator cc: Lionel Achuck ILS Associates, Inc. Englebert Bangayan and Julie Song l; , IBIT N0. 3 P, 3 op-3 EXHIBIT NO.—q- ?, top;, Y� APR o 1 [u TOWN OF TIBURON II PLA. .. ... wvJ LAND DEVELOPMENT APPLICATIO%d r. . - TYPE OF APPLICATION o Conditional Use Permit o Design Review (DRB) o Tentative Subdivision Map )(Precise Precise Development Plan o Design Review (Staff Level) o Final Subdivision Map • Secondary Dwelling Unit o Variances) # o Parcel Map • Zoning Text Amendment o Floor Area Exception o Lot Line Adjustment • Rezoning or Prezoning o Tidelands Permit o Condominium Use Permit • General Plan Amendment o Sign Permit o Certificate of Compliance Other Q.wv..�n..�..' • Change of Address o Tree Permit o APPLICANT REQUIRED INFORMATION SITE ADDRESS: 48fi; Pmw.&:w. PROPERTY SIZE: T.I Ac, PARCEL NUMBER: O'IA — o'll — 37 ZONING: R P D PROPERTY OWNER :_ MAILING ADDRESS: _ PFIO PSBR: APPLICANT (Other than MAILING ADDRESS: _ TGMGIIJ AlEW7CW -rv, a<j. tFT ARCBITE CT/DESIGNER/ENGINEER MAILING ADDRESS: 19 -,.W [ PHONE/FAX NUMBER: Please indicate with an asterisk ( *) persons to whom Town correspondence should be sent. (attack separate street if needed); I, the undersigned owner (or authorized agent) of the property herein described, hereby make application for approval of the plans submitted and made a part of this application in accordance with the provisions of the Town Municipal Code, and I hereby certify that the information given is true and correct to the best of my knowledge and belief. I understand that the requested approval is for my benefit (or that of my principal). Therefore, if due Town grants the approval, with or without conditions, and that action is challenged by a third party, I will be responsible for defending against this challenge. I therefore agree to accept this responsibility for defense at the request of the Town and also agree to defend, indemnify and hold the Town harmless from any costs, claims or liabilities arising from the approval, including, without limitation, any award of attorney's fees that might result from the third party challenge. Signature: L� I _' Date: y Z.O L4 *If other titan owner, must have an authorization letterfront the owner or atddence of de facto control of file property or premises for purposes offling this application DO N01 W1 <11h r11LLUW LMI1 LLJIC DEPARTMENTAL PROCESSING INFORMATION =g . Application No.: --3� "' GP Designatio�}� Fee Deposit: Date Receive& '/7 11 Received By: (tip Receipt #: 1376 7 Date Deemed Complete: 4, (//YQ By: Acting Body: Action:. - Date. Conditions o£Approval or Comments: - Resolution or Ordinance # Tom W. Newton & associates 715 Sun Lane Novato, Ca 94947 415 898 0962 fax 415 898 0963email: tomcinnewt(?com cast. net Tom W. Newton, principle land development consulting, construction and property inspection services May 2, 2014 Mr. Daniel M. Watrous Planning Manager /Environmental Coordinator Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Re: File #31403 Amendment to the Kahn Precise Plan (PD #3) Dear Mr. Watrous: The proposed secondary envelope that would allow a swimming pool and hot tub /spa in the lawn area of the proposed Precise Plan Amended is hereby withdrawn. Here's the amended project description. Project Description An amendment to the Kahn Precise Plan approved on August 15, 1979. The amendment will allow the addition of 8,923 sq. ft. from Lot 1 of the Parente Vista Subdivision to Lot 3 of the Kahn Subdivision as shown in the shaded area on the drawing entitled "Precise Plan Amendment For Kahn Parcel Map' prepared by ILS Associates, Inc. dated 4/1/2014. Land use improvements in the amended area consist of a synthetic lawn area, a parking area at the end of the existing driveway, four retaining walls with a maximum height not to exceed 4 feet, drainage facilities and landscaping. No other improvements or uses are allowed. The amendment area will be added to Lot 3 of the Kahn Precise Plan by a transfer from Lot 1 of the Parente Vista subdivision upon Town approval of a lot line adjustment. Cordially, Project Planning Coordinator cc: Lionel Achuck ILS Associates, Inc. Englebert Bangayan and Julie Song t E ;HIBIT N0. '7 RECORDING REQUESTED RETURN TO: TOWN CLERK TOWN OF TIBURON 1505 TIBURON BOULEVARD TIBURON, CA 94920 RESOLUTION NO. 47-2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMPLIFYING AND SUPPLEMENTING PROVISIONS OF TITLE IV, CHAPTER 16 SECTION 16- 21.020 (F) OF THE TIBURON MUNICIPAL CODE (ZONING) WITH RESPECT TO PLANNED DEVELOPMENT #4 BY APPROVING A PRECISE DEVELOPMENT PLAN (PARENTE VISTA PDP) AND ADOPTING A MITIGATION MONITORING PROGRAM ASSESSOR PARCEL NO. 038- 111 -16 WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Town of Tiburon has designated a 10.2 -acre property located at the end of Antonette Drive and Parente Road as Residential Planned Development (RPD) on the Zoning Map and in the zoning regulations of the Tiburon Municipal Code, Title IV, Chapter 16, at Section 16- 14.020 (B), with a further zoning designation of Planned Development #4 on the Planned Development Map in the aforesaid Section. All future Tiburon Municipal Code Section references in this resolution and its attachments shall be to Title IV, Chapter 16 (Zoning) unless otherwise specified. B. Tiburon Municipal Code Section 16- 21.030 (D[3]) provides zone regulations for the RPD zone, specifying the approval of a Precise Development Plan prior to subdivision, grading, or the making of improvements on property so designated. Basic zoning parameters such as density of development, floor area limits, height limits, and setbacks are to be specified in an approved Precise Development Plan for the property, based on site - specific characteristics to which an appropriate amount and layout of development may be tailored. The purpose of the RPD zone is set forth as follows: The Residential Planned Development (RPD) Zone is intended to protect and preserve open space land as a limited and valuable resource without depriving owners of a reasonable use of their property for residential purposes. The regulations of the zone are designed to insure, to the extent feasible, the conservation of natural resources and the retention of land in its natural or near TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9/12010 E I-IIBIT NO.___!E natural state in order to, among other things, assist in the containment of urban sprawl and protect the community from the hazards of fire, flood, seismic and other catastrophic activity, and to otherwise implement the goals and policies of the General Plan. C. Tiburon Municipal Code Section 16- 52.060 (B) establishes the Precise Development Plan purposes as follows: To provide for review by the Town a detailed development proposal for a designated area with unique site characteristics or environmental conditions, in both written and graphic form, to ensure that new development in such areas is compatible with the existing land uses, development standards (including but not limited to, setbacks or building envelopes, coverage limits, and height limits) and identified constraints; 2. To demonstrate consistency of a development proposal with the goals and policies of the General Plan; To preserve and conserve critically limited open space for the protection of the ecology and the environment, and to safeguard against the adverse impacts of fire, noise, water pollution, the destruction of scenic beauty and hazards related to geology, fire and flood, while at the same time providing a reasonable use of the land. Section 16- 52.060 (E) sets forth principles to be applied in the review of Precise Development Plan applications. Section 16- 52.060 (D) declares approval of a Precise Development Plan by the Town Council to be a legislative act. E. The Town of Tiburon has received and considered an application filed by Lionel Achuck for a Precise Development Plan (the Parente Vista Precise Development Plan) to augment and supplement provisions of Section 16- 21.030 (D[3]) of the Tiburon Municipal Code specific to Planned Development #4 by proposing the development of two (2) single - family dwellings and appurtenant improvements on an approximately 10.2 -acre property. Approximate lot acreages would be 2.1 acres for Lot 1 and 8.1 acres for Lot 2. The proposed Parente Vista Precise Development Plan would establish a maximum density of 0.20 dwelling units per acre (exclusive of any secondary dwelling units), and provide a basic layout and RPD zoning district parameters for the property, including but not limited to, permanent open spaces, building envelopes, residential use areas, height limits, and floor area limits. F. The Parente Vista Precise Development Plan application consists of File #30703, on file with the Town of Tiburon Community Development Department. Materials from that application include but are not limited to the following: TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9112010 2 EXHIBIT N0.--!2_ 1. Project description, dated October 9, 2009; 2. Project plans (7 sheets) prepared by Thayer Architecture, Inc., dated October 9, 2009; 3. Project plans (11 sheets) prepared by ILS Associates, Inc., dated September 9, 2009 4. Project plans (2 sheets) prepared by Herzog Geotechnical Consulting Engineers, dated September 9, 2009 5. Project plans (3 sheets) prepared by Pedersen Associates Landscape Architects, dated February 18, 2010 6. Drainage analysis prepared by ILS Associates, Inc., dated June 15, 2007 7. Geotechnical Hazards Evaluation and Geotechnical Investigation letters prepared by Herzog Geotechnical Consulting Engineers, dated January 26, 2007 and April 20, 2007; 8. Supplemental Noise Impact Study prepared by Rosen, Goldberg, Der & Lewitz, Inc., dated April 27, 2007. The official record for this project is hereby incorporated and made part of this resolution. The record includes the Staff Reports, minutes, application materials, and all comments and materials received at the public hearing. G. An Environmental Impact Report (EIR) analyzing a five -lot project on this site was certified by the Tiburon Town Council on October 6, 2004. An Addendum to the EIR, dated March 2010, was prepared to evaluate the current two -lot project design. The Planning Commission considered the certified EIR and the EIR Addendum in making its recommendation to the Town Council on the merits of the project. H. The Planning Commission held a duly noticed public hearing on the application on June 23, 2010. Following the public hearing the Planning Commission adopted Resolution No. 2010 - (Draft) recommending to the Town Council conditional approval of the project as evaluated in the EIR Addendum No. 2 for the project, and adoption of a Mitigation Monitoring Program for the project. I. The Town Council held a duly noticed public hearing on the application on July 21, 2010, at which it heard and considered testimony from interested persons. The Town Council found, based upon application materials and analysis presented in the staff report, the certified Final EIR and the March 2010 Addendum No. 2 thereto, that the proposed project is, on balance, consistent with the goals and policies of the Tiburon General Plan and in conformance with provisions of the Tiburon Zoning Ordinance. The facts in support of this finding are set forth in the official record for this project. TIBURON TOWN COUNCIL RESOLUTION NO. 47 -2010 9/112010 EY,11IBIT NO Section 2. Acceptance of Addendum to the EIR NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby accepts the Addendum No. 2 to the Final Environmental Impact Report [ "Addendum"] dated March 2010. CEQA guidelines sections 15164 (a) and (b) state that an addendum should be prepared when none of the conditions triggering a subsequent EIR or supplemental EIR have occurred. Section 15162 of the CEQA Guidelines advises the preparation of a subsequent or supplemental EIR when substantial changes to the project require major revisions to the EIR because of new significant environmental effects or a substantial increase in the severity of previously identified effects. The two -lot Parente Vista project that is currently proposed is within the range of alternatives and impacts discussed in the certified EIR. The Addendum concludes that this project design would not result in new significant environmental effects or a substantial increase in the severity of previously identified effects. The Final Environmental Impact Report and Addendum were prepared under contract to the Town of Tiburon by the consulting firm of Leonard Charles & Associates. Detailed CEQA findings have been adopted by separate resolution. The Addendum further concludes that with the implementation of Mitigation Measures contained therein, all environmental impacts associated with the two -lot project design have been or would be mitigated to a less- than- significant (LTS) level. Section 3. Conditional Project Approval and Adoption of Mitigation Monitoring Program. BE IT FURTHER RESOLVED that the Town Council hereby approves the Parente Vista Precise Development Plan (PD #4) subject to the following conditions and adopts a mitigation monitoring program for the project:. 1. The approved Parente Vista Precise Development Plan shall consist of the following: a. The Project description, dated October 9, 2009, as may be modified herein; b. The project plans (7 sheets) prepared by Thayer Architecture, Inc., dated October 9, 2009, as may be modified herein; C. The project plans (11 sheets) prepared by ILS Associates, Inc., dated September 9, 2009, as may be modified herein; d. The project plans (2 sheets) prepared by Herzog Geotechnical Consulting Engineers, dated September 9, 2009, as may be modified herein; e. The project plans (3 sheets) prepared by Pedersen Associates Landscape Architects, dated February 18, 2010, as may be modified herein. TIBURON TOWN COUNCIL RESOLUTION NO. 47 -2010 9/12010 4 E°TIIEIT N®. 5 2. This Precise Development Plan approval incorporates all mitigation measures as shown in the Parente Vista Mitigation Monitoring Program, attached hereto as Exhibit A and incorporated herein. Applicant shall bear all costs for implementation and monitoring of said Mitigation Monitoring Program. Prior to the issuance of grading or building permits for project construction, the project sponsor shall submit a Design Review application to the Town of Tiburon Planning Division and receive written approval from the Design Review Board. 4. In furtherance of Section 16- 21.040 (C[2]) of the Municipal Code, this Precise Development Plan approval establishes a maximum density of 0.20 dwelling units per acre on the property (not including any Town- approved secondary dwelling units) and is intended to reflect ultimate development of the property. No additional subdivision for the purpose of creating additional building sites is permitted, and a note to that effect shall be placed on the parcel map. 5. In furtherance of Section 16- 52.020 (I[3]) of the Municipal Code, this Precise Development Plan approval establishes the limit of "floor area, gross ", as defined in Section 16- 100.020 (F) therein, that may be constructed on each lot as follows: Lot 1: 6,000 square feet, with additional garage /carport area of up to 750 square feet. Lot 2: 9,000 square feet for a single - family dwelling, with additional garage /carport area of up to 1,000 square feet, additional area for a secondary dwelling unit of up to 1,000 square feet, and additional garage /carport area for the secondary dwelling unit of up to 500 square feet. The Design Review Board is directed to ensure that the final house design minimizes visual mass and bulk and fits with the current contours and topography of the site. Any garage /carport floor area in excess of the amount specified above shall be counted as additional gross floor area on the lot. The floor area of all accessory buildings, including any secondary dwelling unit, pool houses or cabana, shall be included in the total allowable floor area for each lot. Floor areas meeting the definition of "basement" in the Municipal Code shall not be included in the calculation of gross floor area. It is understood that the floor area for each lot as specified above is a maximum allowable square footage, and the Design Review Board may, in its reasonable discretion in reviewing Site Plan and Architectural Review applications for each lot, approve a lesser amount of square footage in order to ensure that the building sizes are consistent and compatible with surrounding neighborhoods in compliance with, and as set forth in, General Plan Land Use Element Goal LU -I. TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9/12010 E HIEIT N0. �� 6. In furtherance of Section 16- 21.040 (A) of the Municipal Code, this Precise Development Plan approval establishes that the dwelling unit (main building on each lot) shall be confined to the approved "building envelope" on each lot. Dwelling units shall not exceed thirty (30) feet in height from grade. It is understood that these height limits represent a maximum height, and the Design Review Board may, in its reasonable discretion in reviewing Site Plan and Architectural Review applications for each house, approve a lesser height for the dwelling units pursuant to guiding principles of site plan and architectural review as set forth in the Municipal Code. 7. In furtherance of Section 16- 21.040 (A) of the Municipal Code, this Precise Development Plan approval establishes the following standards for the secondary building envelopes associated with this application: a. Lot 1. Secondary Building Envelope. nvelope. All elements allowed within these building envelopes are limited to landscape improvements, including swimming pools and spas, terraces, walkways, and retaining walls and fences with a maximum height of six (6) feet. Trellises may have a maximum height of eleven (11) feet, six (6) inches. Plantings are limited to those species with a maximum height at maturity of thirty (30) feet or less. b. Lot 2. Secondary Building Envelope. This envelope may be developed with a single -story (maximum height of 15 feet above grade) secondary dwelling unit, with a maximum floor area of 1,000 square feet, and a garage with a maximum size of 600 square feet. This envelope may also be developed with landscape improvements, including swimming pools and spas, a tennis court and a bocce ball court terraced into the slope, terraces, walkways, and retaining walls and fences with a maximum height of six (6) feet. Trellises may have a maximum height of eleven (11) feet, six (6) inches. Plantings are limited to those species with a maximum height at maturity of thirty (30) feet or less. All elements allowed in the Lot 1 Secondary Building Envelope and the Lot 2 Secondary Building Envelope may also be located in the Primary Building Envelopes for Lots 1 and 2. 8. In furtherance of Section 16- 21.040 (A) of the Municipal Code, this Precise Development Plan approval establishes a designation of "private open space" for all areas on Lot 2 outside the primary and secondary building envelopes. The disturbed areas shall be landscaped immediately following the landslide repair work. Additionally, all landslide repair areas shall be hydro- seeded following grading for dust control and soil stability in accordance with geotechnical engineering recommendations. No new landscaping or vegetation shall be planted TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9/1/2010 6 EYHIEIT NO. S.- on any private open space area outside the "building envelopes" for both Lot 1 and Lot 2 other than that approved as part of a detailed landscape plan and palette to be submitted with the tentative subdivision map application and incorporated into the subdivision improvement drawings. 9. In furtherance of Section 16- 21.040 (A) of the Municipal Code, no improvements of any type, including fencing, shall be permitted outside the approved primary and secondary building envelopes for each lot. This limitation does not apply to the private roadway leading to Antonette Drive; driveways and retaining walls supporting driveways; utilities; landslide repair devices and revegetation; drainage ditches; or other ancillary improvements necessary for installation of the subdivision improvements as approved in the subdivision improvement drawings. 10. In furtherance of Section 16- 21.030 (D[3]) of the Municipal Code, all portions of each lot designated as "private open space" herein shall be contained within and protected by an open space easement or easements to be offered for acceptance to the Town of Tiburon by separate instrument as part of the parcel map application. Said open space easement or easements (if accepted) shall be recorded in conjunction with the recordation of the parcel map. All portions of said open space easement or easements shall acknowledge, if necessary, any existing or required roadway, drainage and/or utility easements and any landscape installation (e.g. entry landscaping, retaining wall screening, and mitigation planting) and maintenance agreements that are required as part of this Precise Development Plan or permits issued in reliance thereon. Open space easement or dedication documents shall be reviewed and approved by the Town Attorney and Director of Community Development prior to acceptance for filing of the parcel map application. 11. Colors and materials of residential improvements shall be low- reflectivity; medium and/or dark hues that minimize contrast with surroundings and reduce visual impacts, as shown on the project plans (7 sheets) prepared by Thayer Architecture, Inc., dated October 9, 2009. 12. Draft CC &R's, deed restrictions, and/or joint maintenance agreements or other similar instruments for the subdivision shall be prepared and submitted for review and approval by the Town Attorney and Director of Community Development as part of the tentative subdivision map application. Said CC &Rs or other instruments acceptable to the Town Attorney shall contain provisions and limitations as set forth in this Precise Development Plan approval and the adopted Mitigation Monitoring Program to the satisfaction of the Town Attorney and Director of Community Development. These instruments shall contain, without limitation, provisions for ongoing maintenance of the private roadway, common areas, ongoing maintenance of drainage structures and facilities, and ongoing removal of invasive plant species (French broom, pampas grass, etc.) from the TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9/1/2010 E y -1IBIT NO. `� property, and shall be recorded in conjunction with the parcel map. 13. As part of the installation of the subdivision improvements, applicant shall remove dilapidated fencing and fence - posts, litter, garbage, and other junk materials from the entire site. 14. If lighting is proposed for the project roadway, lighting details shall be reviewed by Planning Division Staff prior to the approval of subdivision improvement drawings for the project. 15. Appearance and any proposed vegetative screening of project retaining walls shown on the subdivision improvement drawings in excess of forty -two (42) inches in height shall be subject to review and approval by Planning Division Staff prior to approval of said drawings. 16. A detailed landscape plan prepared as part of the subdivision improvement drawing submittal shall be reviewed and approved by Planning Division Staff. This landscape plan shall include removal of any remaining invasive plant species, common area plantings, entry landscaping, retaining wall screening, and any landscaping required in adopted mitigation measures. 17. All grading involving the use of heavy construction equipment shall be limited to the period between April 15 and October 31. The Building Official may authorize limited extensions of time to this period in his reasonable discretion. 18. No smoking shall be permitted on site by any person, contractor or employee during any phase of project construction. A water truck shall be present on the site during vegetation removal. These requirements shall be noted on the subdivision improvement drawings and shall be incorporated into construction documents for the contractor(s) performing the work. 19. This Precise Development Plan approval shall be valid for thirty -six (36) months following its effective date, and shall expire unless a time extension is granted or a tentative subdivision map has been approved in reliance on this Precise Development Plan, in which instance the Precise Development Plan shall remain valid coterminous with the tentative map approval. Section 4. Effective Date. BE IT FURTHER RESOLVED that this Precise Development Plan approval shall become effective thirty (30) days after adoption of this Resolution, pursuant to Section 16- 52.060 (D) of the Tiburon Municipal Code. T03URON TOWN COUNCIL RESOLUTION NO. 47-2010 9112010 EXEIBIT N0. 5 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on September 1, 2010 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS ATTEST: DIANE CRANE IACOPI, TOWN CLERK Collins, Fraser, Fredericks, O'Donnell, Slavitz None None RICHARD COLLINS, MAYOR Town of Tiburon Attachment: Exhibit A (Mitigation Monitoring Program) TIBURON TOWN COUNCIL RESOLUTION NO. 47 -2010 vnnolo y E -KLTIM N0. S RESOLUTION NO. 1058 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE PRECISE PLAN FOR THE PAUL KAHN DEVELOPMENT OF THREE PARCELS LOCATED AT 4889 PARADISE DRIVE AP #38- 091 -27 WHEREAS, the Town Council of the Town of Tiburon has considered and approved a Master Plan for the Kahn property off Paradise Drive;and WHEREAS, the Planning Commission of the Town of Tiburon has reviews a Precise Plan for the property and has recommended approval of the Precise Plan to the Town Council as being in substantial conformance with the Master Plan; and WHEREAS, the Town Council finds the Precise Plan submitted is in substantial conformance with the Master Plan; NOW, THEREFORE BE IT RESOLVED, that the Precise Plan which is attached hereto consisting of four pages and identified as Exhibit "A ", is hereby approved subject to the compliance with the conditions set forth in the Master Plan for said project, plus the following conditions: 1. Grading and excavation be reviewed and approved by the Town Engineer. If on -side inspections are'necessary, the Town Engineer will be responsible for the inspections, with the cost to be off set by the applicant. 2. The applicant shall comply with all conditions and recommenda- tions contained in the letter from Town Engineer, Stanley Bala, dated July 5, 1979. 3. The final map shall reflect a building limit line on parcel 1 generally showing the location of the proposed residence. TI remaining buildable area will be restricted to accessory building construction only. PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon on August 15 , 1979, by the following vote: AYES: COUNCILMEN: Bergsund, Rockey, Bass, Edelstein, Hanson NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None E MMIT N0. RESOLUTION NO. 2014-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TI13URON RECOMMENDING TO THE TOWN COUNCIL APPROVAL OF AN AMENDMENT TO THE KAHN PRECISE PLAN (PD #3) TO ADD AN AREA TO THE PRECISE PLAN FOR PROPERTY AT 4885 PARADISE DRIVE ASSESSOR PARCEL NO. 038-091-37 WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Town has received and considered an application filed by Achuck Family Partnership, L.P. for an amendment to the Kahn Precise Plan (PD #3) to transfer a portion of the lot at 168 Antonette Drive to the property at 4885 Paradise Drive and include it in the Kahn Precise Plan (File Nos. 31401 & 31403). The application consists of the following: 1. Application form and supplemental materials, dated April 7, 2014 2. Project description dated May 5, 2014 3. Landscape /Open Space Plan dated April 1, 2014 4. Precise Plan Amendment Plan dated April 7, 2014 B. The Planning Commission held a duly- noticed public hearing on May 14, 2014, and heard and considered testimony from interested persons. C. The Planning Commission finds that the project is exempt from the requirements of the California Environmental Quality Act per Section 15301, 15303 & 15304 of the CEQA Guidelines. D. The Planning Commission finds based upon application materials and analysis presented in the May 14, 2014 Staff Report, as well as visits to the site and testimony received from the applicant, that the project is consistent with the intent of the Kahn Precise Plan. E. The Planning Commission finds the project to be consistent with the goals and policies of the Tiburon General Plan Land Use Element Policy LU -13, which states that "Neighborhood character, which is defined by the predominant architectural styles, type of buildings, building heights, mass, setbacks, landscaping, and natural characteristics, shall be of material consideration and preserved in all construction projects, including remodels and additions, to the maximum extent feasible." The proposed landscaping, wall and parking area improvements would be generally consistent with the character of other homes in the vicinity. TMURON PLANNING COMMISSION RESOLUTION NO. 2014 -07 MAY 14. 2014 E ]�IIBIT Na. -7_ Section 2. Recommendation for Approval. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of the proposed amendment to the Kahn Precise Plan for the property at 4885 Paradise Drive to the Town Council, subject to the following conditions: 1. For zoning purposes, the area on the property at 168 Antonette Drive (PD #4, Parente Vista Precise Development Plan; Lot 1) shall be transferred to the property at 4885 Paradise Drive (PD #3; Kahn Precise Plan; Parcel 3) as reflected on the drawing labeled Precise Plan Amendment for Parente Vista Lot 1, prepared by ILS Associates, Inc., received by the Town of Tiburon on April 7, 2014. Said drawing is on file with the Town of Tiburon Planning Division in File Nos. 31401 and 31403. 2. Retaining walls and other improvements shall be installed in a manner that does not substantially impede wildlife travel across the area described in Condition No. 1 above. 3. There shall be no vehicular access of any kind permitted between the property at 168 Antonette Drive and the property at 4885 Paradise Drive. 4. A wall at least two feet in height, or similar physical barrier acceptable to Planning Division staff, shall be installed at the end of the parking pad in the area described in Condition No. 1 above, sufficient to prevent vehicular access and not impede wildlife into this area. 5. This approval shall in no way alter other provisions of the Kahn Precise Plan not specifically modified herein. PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on May 14, 2014, by the following vote: AYES: COMMISSIONERS: Corcoran, Kulik, Welner NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Weller VACANCY: One JON WELNER, VICE -CHAIR TIBURON PLANNING COMMISSION ATTEST: DANIEL M. WATROUS, SECRETARY TI13URON PLANNING COMMISSION RESOLUTION NO. 2014-07 MAY 14, 2014 E. ; H I TBTT N0. 7 17�.�1] �Ily M_CI]►`�►[I�d6ESi13 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL APPROVAL OF AN AMENDMENT TO THE PARENTE VISTA PRECISE DEVELOPMENT PLAN (PD #4) TO REMOVE AN AREA FROM THE PRECISE DEVELOPMENT PLAN ON PROPERTY AT 168 ANTONETTE DRIVE ASSESSOR PARCEL NO. 038-111-35 WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Town has received and considered an application filed by Englebert Bangayan and Julie Song for an amendment to the Parente Vista Precise Development Plan (PD #4) to remove a portion of the lot at 168 Antonette Drive from the Parente Vista Precise Development Plan for the purpose of adding it to property commonly known as 4885 Paradise Drive (File Nos. 31401 & 31403). The application consists of the following: 1. Application form and supplemental materials, dated February 24, 2014 2. Project description dated May 2, 2014 3. Precise Plan Amendment Plan and Landscape /Open Space Plan dated March 10, 2014 B. The Planning Commission held a duly- noticed public hearing on May 14, 2014, and heard and considered testimony from interested persons. C. The Planning Commission finds that the project is exempt from the requirements of the California Environmental Quality Act per Section 15301, 15303 & 15304 of the CEQA Guidelines. D. The Planning Commission finds based upon application materials and analysis presented in the May 14, 2014 Staff Report, as well as visits to the site and testimony received from the applicant, that the project is consistent with the intent of the Parente Vista Precise Development Plan. E. The Planning Commission finds the project to be consistent with the goals and policies of the Tiburon General Plan Land Use Element Policy LU -13, which states that "Neighborhood character, which is defined by the predominant architectural styles, type of buildings, building heights, mass, setbacks, landscaping, and natural characteristics, shall be of material consideration and preserved in all construction projects, including remodels and additions, to the maximum extent feasible." The proposed landscaping, wall and parking area improvements would be generally consistent with the character of other homes in the vicinity. T03URON PLANNING COMMISSION RESOLUTION NO. 2014-08 MAY 14, 2014 EXHIBIT NO.--B, Section 2. Recommendation for Approval. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of the proposed amendment to the Parente Vista Precise Development Plan for the property at 168 Antonette Drive to the Town Council, subject to the following conditions: For zoning purposes, the area on the property at 168 Antonette Drive (PD #4, Parente Vista Precise Development Plan; Lot 1) shall be transferred to the property at 4885 Paradise Drive (PD #3; Kahn Precise Plan; Parcel 3) as reflected on the drawing labeled Precise Plan Amendment for Parente Vista Lot 1, prepared by ILS Associates, Inc., received by the Town of Tiburon on April 7, 2014. Said drawing is on file with the Town of Tiburon Planning Division in File Nos. 31401 and 31403. 2. Retaining walls and other improvements shall be installed in a manner that does not substantially impede wildlife travel across the area described in Condition No. 1 above. 3. There shall be no vehicular access of any kind permitted between the property at 168 Antonette Drive and the property at 4885 Paradise Drive. 4. A wall at least two feet in height, or similar physical barrier acceptable to Planning Division staff, shall be installed at the end of the parking pad in the area described in Condition No. 1 above, sufficient to prevent vehicular access and not impede wildlife into this area. 5. This approval shall in no way alter other provisions of the Parente Vista Precise Development Plan not specifically modified herein. PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on May 14, 2014, by the following vote: AYES: NOES: ABSENT: VACANCY ATTEST: COMMISSIONERS: Corcoran, Kulik, Welner COMMISSIONERS: None COMMISSIONERS: Weller One JON WELNER, VICE -CHAIR TIBURON PLANNING COMMISSION DANIEL M. WATROUS, SECRETARY TIBURON PLANNING COMMISSION RESOLUTION NO, 2014 -08 MAY 14.2014 2 EXHIBIT NO. g Director Anderson stated that staff reviewed this and concluded that it is a minor procedural matter that would rationalize the jurisdictional boundaries in the area and constitute sensible planning. He stated that there would be not be any additional maintenance costs for the Town because the area would not be a publicly maintained street. He recommended the Commission hold a public hearing, close the hearing and adopt the draft resolution recommending prezoning to the Town Council. Scott L. Hochstrasser said that he is the planning consultant for the owner and supported the findings to approve the resolution and hoped for approval, as recommended. Vice Chair Weiner opened the public hearing and, as there were no comments, closed the hearing. Commissioner Kulik asked what would happen if the property was not annexed. Mr. Anderson said that this would put all parts of the project into Tiburon instead of splitting it between the County and the Town. Commissioner Kulik agreed with the staff recommendation and saw no reason not to do this. Commissioner Corcoran said he also agreed with the staff report and could find that the proposed prezoning is consistent with the General Plan, the Tiburon Glen Precise Development Plan and the zoning ordinance. Vice Chair Weiner asked if there had been any conversations with the County. Mr. Anderson said they are in favor of the annexation and would vacate the portion of the Paradise Drive right - of -way and deed it over to the property owner so they can make improvements without needing to obtain an encroachment permit from the County. ACTION: It was M/S (Kulik/Corcoran) to recommend to the Town Council Prezoning of an unincorporated 0.29 -acre Parcel within the Tiburon Planning Area (Tiburon Glen Property; Paradise Drive; adjacent to Marin County Assessor Parcel Number 039- 241 -01). Motion carried: 3 -0. 2. 168 ANTONETTE DRIVE AND 4885 PARADISE DRIVE: REQUESTS TO AMEND THE PARENTE VISTA PRECISE DEVELOPMENT PLAN (PD #4) AND KAHN PRECISE PLAN (PD #3) TO REMOVE AN AREA FROM THE PARENTE VISTA PRECISE DEVELOPMENT PLAN AND ADD THE AREA TO THE KAHN PRECISE PLAN; FILES #31404 & #31403; Engelbert Bangayan and Julie Song and Achuck Family Partnership, L.P., Owners and Applicants; Assessor's Parcel Nos. 038 - 111 -35 & 038 - 091 -37 Planning Manager Watrous gave the staff report, stating these amendments would be precursors to a lot line adjustment that would transfer a portion of the lot that is currently on 168 Antonette Drive to the adjacent property at 4885 Paradise Drive. The area is currently governed by the Parente Vista Precise Development Plan and is located outside the building envelope across the way from the roadway serving both Lots 1 and 2 and is in an area that was intended to be a w EXHIBIT N0. (� TIBURON PLANNING COMMISSION MINUTES - MAY 14, 2014 - MINUTES NO. 1044 PAGE 2 landscaped area, but was not subject to any private open space requirements. The amendments would allow certain improvements that would include some retaining walls for landscaping and provision of a parking pad. Staff reviewed the retaining walls and generally believe they are consistent with the intent of the Parente Vista Precise Development Plan although there is a requirement that wildlife travel is allowed through there, so staff encourages a condition of approval that would ensure any walls in the fixture in the area be reviewed to make sure they do not preclude wildlife travel through the area. The parking pad would be an extension of the existing parking pad for 4885 Paradise Drive and would not connect through to the roadway that serves the Parente Vista Precise Development Plan. Mr. Watrous stated that staff reviewed the applications and felt that these improvements would be consistent with both precise plans. He recommend that the Commission hold the public hearing on the item, hear and consider all testimony and adopt the draft resolutions recommending condition of approval of these amendments to the Town Council. Commissioner Corcoran asked for the percentage of the larger area being transferred that would be covered by the parking pad. Mr. Watrous guessed that it would be about ' /< of the area. Commissioner Corcoran asked if retaining walls would be around this parking pad area. Mr. Watrous deferred to the applicant to best address this question, but said that his understanding was that the retaining walls were designed more for the landscaped area. Tom Newton, planning consultant, stated that the owner read the staff report and concur with all the findings and the resolution. He spoke to the issues raised by two letters from some of the neighbors that share the driveway off of Paradise Drive regarding the potential extension of the driveway beyond to connect with Parente Vista Lane. He stated that both property owners share this concern but that is not being proposed and would object to it if anyone else proposed it. Commissioner Kulik stated that the site has a pretty steep grade and asked about the elevation of the parking pad relative to the private roadway. Mr. Newton clarified that the parking pad would be slightly above the roadway, but essentially at the same grade. Commissioner Corcoran asked if some of the retaining walls would be around that parking area. Mr. Newton said that there would be four retaining walls, one below the parking area and the others near the lawn area. Commissioner Corcoran asked if there was an issue with the conflict in language between the grant of easement agreement and the limitations addressed in the Parente Vista EIR. Mr. Watrous said that the area was indicated to be landscaped when it went through the EIR process and staff believes that the intensity of the proposed improvements would not result in any additional environmental impacts. Commissioner Corcoran noted that staff's previous determination was that adding a pool and other features would be inconsistent with the Parente Vista Precise Development Plan. Mr. Watrous said that staff believes that those improvements would be a greater intensification of the use of the area that was intended by the Parente Vista Precise Development Plan. EXHIBIT N0. TIBURON PLANNING: COMMISSION MINUTES - MAY 14, 2014 - MINUTES NO. 1044 PAGE 3 Mr. Newton answered a question about the retaining walls by stating that the walls would have a maximum height of 4 feet where it comes from 4885 Paradise Drive and goes down to about a foot closer to Parente Vista Lane, so any deer should be able to get through the area fairly easily. Commissioner Corcoran asked and confirmed with staff that the wildlife referenced in the EIR is primarily deer. Commissioner Kulik said if the wall goes over 3 feet, they will need to have some protection in terms of a guardrail. Mr. Newton said he read this in the staff report, but he was unaware of this requirement. Mr. Watrous stated that from a safety standpoint, especially in a scenario intended as lawn area to be used for recreation, a wall over 3 feet will require some sort of safety railing there so no one would fall off the wall. Commissioner Corcoran asked how much of the retaining wall would be 4 feet in height. Mr. Watrous noted that most of the walls would drop off quickly from a height of 4 feet to much lower heights. Vice Chair Welner opened the public hearing. Michael Heckmann, architect, said that he represents James Demmert and Sam Dibble and met with them to walk the property and review the plan to understand what was being proposed. He felt that the grading and retaining walls were not clearly defined and he was unsure whether this was something that would be later reviewed. He felt that there should be a clear demarcation of where the improvements would be and the location of the property line, which would not just prevent traffic between the two subdivisions but would be a positive step in that direction. He questioned the reason why all of the improvements at 4885 Paradise Drive should run right up to the property line in a suburban setting. He said that it made more sense to have at least a 3 foot setback, which would allow maintenance or repair done to the parking area, lawn area and any landscaping. He recommended installing a short retaining wall of perhaps 2 feet which could be an extension of the other walls intended there. He questioned the grading information and did not think that how the grades and retaining walls are resolved was presented properly. He referred to the lawn area and said it looks like there are 4 or 5 feet of slope. He said that it was good to hear that the applicants do not want to encourage traffic between the two subdivisions, as the cul -de- sac limited traffic and noise and provided greater security. Commissioner Kulik asked how Mr. Heckmann felt about the landscaping plan between the subject area and the access road serving to impede traffic between the access road and the Kahn subdivision. Mr. Heckmann said that they have some idea of the planting choices, but it was hard to tell, and if the area was densely planted as indicated and the plants thrive and are cared for, this would be a reasonably effective barrier. However, he thought that the setback was still a good idea to incorporate into a suburban setting like this. He also noted that it may be difficult for landscape service people having to work on these areas without the setback. He thought that this was a minor change and the applicants would still be able to achieve all of their goals in terms of more parking and more lawn. EXHIBIT N0. 9 TIBURON PLANNING COMMISSION MINUTES -MAY 14,2014 - MINUTES NO. 1044 PAGE Commissioner Kulik clarified that the neighbors' main concern was vehicular and not pedestrian traffic. Commissioner Corcoran asked whether he Town has previously required some kind of barrier to prevent vehicles from crossing over between two areas. Mr. Watrous did not recall such a requirement but had seen other design review applications where a small barrier serves as a demarcation and a barrier to impede pedestrians from crossing or to shield headlights. Commissioner Corcoran asked what the Town's remedy would be if a future owner buys 4885 Paradise Drive and just blatantly drives through the area because it is more convenient. Mr. Watrous noted this would be a violation of the Parente Vista Precise Development Plan, the owner would be subject to fines and the Town would try to make sure that any grading done to allow vehicles to pass in that fashion be reinstated to the way it was previously. Commissioner Kulik asked what would happen to the easement if the lot line adjustment was denied. Mr. Watrous said that the easement could not allow the parking area because that is a change of use of the property that would require approval of the Parente Vista Precise Development Plan. If someone decided to pave a parking pad there without getting percussion from the Town, the Town could make them remove it. Commissioner Kulik confirmed that this area is currently unimproved except for the modified access road. Mr. Watrous said yes, and that the Town is dealing with one of the property owners regarding that road. Commissioner Corcoran said asked Mr. Heckmann if the buffer and/or low retaining wall would be adequate to address the concerns of the Dibbles and Demmerts. Mr. Heckmann stated that the wall, in concert with the setback of at least 3 feet, would be appropriate and said that he presumed during the permitting process that they would get more details about the walls. Mr. Watrous stated that any walls over 3'6" require staff level design review. Sam Dibble said that it is important to note that there is no commonality between the Kahn and Parente Vista plans. He said that they are particularly concerned about vehicular traffic notwithstanding assurances heard earlier about not wanting to have a connection. He said that he spoke with Mr. Achuck on a number of occasions about his project and was told that his intentions was to have an access through Antonette Drive and the Parente Vista Road to 4885 Paradise Drive and in fact, for the last year and one half during construction at 4885 Paradise Drive, he was driving across the land to do just that. He stated that they did not find out about the easement agreement until they read the staff report. He believed that recording the easement violated a requirement of the approval of the Parente Vista Precise Development Plan that any CC &R's or other roadway agreements are supposed to be approved by the Town Attorney in advance. He was concerned that a future easement could be easily granted identical to this one that would allow other uses. He asked that the Commission require a specific condition that any easement be specifically approved by the Town Attorney before it is recorded or entered into. He felt that there should be consequences for not honoring the process leading up to this hearing, but their main concern was with the possibility of a connection for this road. James Demmert voiced opposition to a connection through to the Parente Vista road, as they all have children and they are sensitive to safety issues. He said that the setback seemed like EXHIBIT N0. R TIBURON PLANNING COMMISSION MINUTES - MAY 14, 2014 - MINUTES NO. 1044 PAGE 5 common sense and he felt that there should be some barrier. He doubted the veracity of the property owners at 4885 Paradise Drive and getting requirements in writing. Jennifer Kleinfeld stated that many young children live on their street and they are very concerned about extra traffic. She asked that any changes or amendments she go through the proper channels so neighbors can have input. Jennifer Dibble reiterated that kids play on the street and one of the reasons they bought their house is its quietness. She was concerned about the traffic connection and what could happen if someone treats it as private property. She requested that any easements be approved prior to recording. Mr. Newton explained that there would be a 12 foot setback between Parente Vista Lane and the new property line after the lot line adjustment. He said that they propose to heavily landscape the area and once plants grow and mature an automobile would not be able to drive across this and it would provide a natural transition between the lawn area and the roadway. He said that the 12 foot setback would be on Lot 1 of Parente Vista. He thought that the landscaping would be sufficient and said that they would not be interested in building any further retaining walls. He stated that Mr. Achuck did use that area during his remodeling for workmen and so forth to get access to it so they would not have to come all the way up from Paradise Drive via the private driveway past neighbors' homes to get to his house. Mr. Newton said that Mr. Achuck ever told him that he planned to put a roadway through and there is no proposal for a road to go through. To satisfy Mr. Heckmann's concerns, Mr. Newton suggested instead putting larger trees or more landscaping in the 12 foot setback. Commissioner Corcoran asked how close the new parking pad would be to the lot line. Mr. Newton said that it would come right to it and from there it is a very gentle slope down to the road. Commissioner Corcoran asked about the condition requiring the Town Attorney to approve easements or other changes. Mr. Watrous referred to Condition No. 12 of the Parente Vista Precise Development Plan which states that "the draft CC &R's, deed restrictions and /or joint maintenance agreements or other similar instruments for the subdivision shall be prepared and reviewed by the Town Attorney and the Director of Community Development." He said that the intent of this requirement was not to necessarily require any and all easements that are ever going to be recorded against this property to be reviewed by the Town. Mr. Anderson further clarified that these are standard conditions placed on all projects of this type and list what is required before the parcel map is recorded. However, this easement was recorded after the map had been recorded so it is not something that would have come to the Town's attention, nor would it in the future. Vice Chair Welner asked what recourse neighbors have with regard to easements if they are inconsistent with the precise plan. Mr. Watrous said that an easement in and of itself does not grant the use change. EXHIBIT N0. 9 TIBURON PLANNING COMMISSION MINUTES - MAY 14, 2014 - MINUTES NO. 1044 PAGE 6 Commissioner Corcoran asked what remedies exist if there was a use that was in violation of the Precise Development Plan. Mr. Watrous stated that the Town would compel them to comply and cease the inconsistent use or seek approval of a Precise Development Plan to allow it. Commissioner Kulik asked if the Town had any jurisdiction if the easement allowed a use that inconsistent with the original proposal, such as the swimming pool. Mr. Watrous said that ultimately it is up to the Town to determine whether or not to approve to approve an amendment to the Precise Development Plan. Vice Chair Weiner asked for the basis of staffs conclusion that the proposed retaining walls would not substantially impede wildlife travel. Mr. Watrous said that staff frequently deals with deer protection measures in the design review process that necessitate at least a 6 foot fence to ensure deer do not get into yards and the proposed walls would have a maximum height of 4 feet and taper down to grade. He raised a concern about heavier landscaping in the setback between the roadway and the proposed new property line, which could create some sort of barrier to wildlife getting through that area. He felt that shorter shrubs would be enough to create a visual barrier but not create any sort of impediment to wildlife travel. Vice Chair Weiner asked if the existing landscape plan is of concern to staff. Mr. Watrous said that staff had not seen any landscaping that would appear to block the area for wildlife. He noted that the walls that are over 3 feet tall would need guardrails and those walls up to 4 feet tall require a staff -level design review, at which point staff would review the landscaping in the area. Vice Chair Weiner asked about observed unpaved roadway leading across the site. Mr. Watrous described how staff discovered the roadway grading during the design review process for the new house at 168 Antonette Drive and explained that staff had notified the owner that this was a violation of the Precise Plan to utilize this for access and that the work required a grading permit. Vice Chair Weiner asked if the history of this gives staff concern about compliance issues with this applicant. Mr. Watrous said that he tends to rely on the actual physical improvements the Town would approve in terms of compliance instead of worrying about individual motives in the future. Vice Chair Weiner asked if these were conditions that could be included in the resolution, or were there additional options staff could recommend that address the issue of connection to the private roadway. Mr. Watrous said that the Commission can make this as an explicit condition of approval, stating that vehicular access from this property across the Parente Vista property is prohibited. He recommended something at the end of the parking pad would be more effective in terms of demarcation and from a practical standpoint to make it difficult to get across that area. He said that he was not as concerned that Mr. Heckmann is in terms of maintenance of landscaping, as landscape maintenance can be done from the side of the property owner. Mr. Anderson added that from a Town enforcement issue, it would be cleaner to add a condition to both resolutions that state, "There shall be no vehicular access of any kind permitted between 4885 Paradise Drive and 168 Antonette Drive." The resolutions get recorded and this requirement would appear on a title report. EX.FIIEIT N0. TI13URON PLANNING COMMISSION MINUTES - MAY 14,2014- MINUTES NO. 1044 PAGE 7 The public hearing was closed. Commissioner Corcoran asked if the EIR for Parente Vista dealt with any wildlife issues other than deer. Mr. Anderson confirmed that there were no endangered or other species in the area. Commissioner Corcoran said that the roadway is an issue and he thought that there should be some kind of physical barrier on the property line for 4885 Paradise Drive and a prohibition on vehicular travel across this area. Additionally, he suggested installing some other barrier, like shrubbery, that deer can navigate around. He said that he was not satisfied that the 12 foot setback on the 168 Antonette Drive side would be adequate, as the issue should be addressed on both sides of the property line. He suggested a 2 foot wall would suffice as a barrier. Commissioner Kulik said that he walked the site today and the main issue was not so much the lawn or retaining walls, but the parking area. He said that the improvised roadway makes access easier to 4885 Paradise Drive and is a valid concern of the neighbors. He stated that landscaping could be a solution, but would impede animals as well as vehicles. He thought that a wall or some kind of permanent structure would serve several purposes by preventing access between the two roads, protecting the landscaping within the 12 foot setback from vehicles going too far off the paved area, and providing a measure of safety. Vice Chair Welner noted that there appeared to be a consensus for a condition in both resolutions prohibiting vehicular traffic between the two properties and a condition requiring some physical demarcation of the barrier on the 4885 Paradise Drive side. Mr. Watrous suggested two conditions which state "there shall be no vehicular access of any kind permitted between the property at 168 Antonette Drive and the property at 4885 Paradise Drive," and "a wall at least two feet in height, or similar physical barrier acceptable to Planning Division staff, shall be installed at the end of the parking pad in the area described in Condition No. 1 above, sufficient to prevent vehicular access and not impede wildlife into this area." Mr. Newton accepted these conditions. ACTION: It was M/S (Corcoran/Kulik) to adopt resolution recommending conditional approval of the amendments to the Parente Vista Precise Development Plan with the two additional conditions of approval. Motion carried: 3 -0. ACTION: It was WS (Corcoran/Kulik) to adopt resolution recommending conditional approval of the amendments to the Kahn Precise Plan with the two additional conditions of approval. Motion carried: 3 -0. 3. CONSIDER RECOMMENDATION TO THE TOWN COUNCIL REGARDING TEXT AMENDMENTS TO TITLE IV, CHAPTER 16 (ZONING) OF THE TIBURON MUNICIPAL CODE FOR THE PURPOSE OF PROHIBITING MEDICAL MARIJUANA DISPENSARIES — REMOVED FROM AGENDA E� HIBIT N0. C TIBURON PLANNING COMMISSION MINUTES -MAY 14,2014 - MINUTES NO. 1044 PAGE 8 APR 28 2014 PLANNING DIVISION II IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIl 2013-0071342 Pecarded I REC FEE 39.00 Official "ecards 1 CauntP of I Karin I P,ICHAU K. BENSON I assessor- Recorder I County Clark I RECORDING REQUESTED BY ] 09.29" 23- tac•2013 I page t of 5 AND WHEN RECORDED MAIL TO: ] Lionel AchLlCk ] Achuck Family Partnership, LP } 4885 Paradise Drive } Tiburon, California 94920 ] ) For Recorder's Use Only Consideration: $0.00; Exempt from imposition ortranster tax, value less than 5100.00. GRANT OF EASEMENT AGREEMENT This GRANT of EASEMENT AGREEMENT (the -`Agreement') is made and entered into this L2� day of November, 2013 ( "Effective Date "), by and between Englebert Tan Bangayan' and Julie Kyune Soo Song, husband and wife ("Grantor') and Achuck Family Partnership, LP, a Delaware limited partnership ("Grantee") and together as the "parties." RECITALS: A. Grantor is the owner of that certain real property located in Tiburon, Marin County, California, which real property is described as Lot 1 as said lot is shown on that certain Parcel Map entitled "Parcel Map Lands of Dragon 22,'LLC ", filed for record on November 1, 2013 in Book 2013 of Maps at Page 153, Marin County Records. and hereafter referred to as the "Servient Tenement." B. Grantee is the owner of that certain real property located in Tiburon, Marin County. California known as 4885 Paradise Drive, with APN 038 - 091 -37, which real property is described as Parcel 3, as shown on that certain Map entitled, "Parcel .Map, Lands of Khan, 3725 O.R. 537, Being a Portion of 2 R.S. 95, Tiburon, Marin County, California", filed for record May 5, 1981 in Volume 19 of Parcel Maps, at Page 27, Marin County Records (hereafter. referred to as the "Dominant Tenement'). C. The Dominant Tenement is contiguous to the Servient Tenement D. Grantor and Grantee wish by this Agreement to have Grantor grant an easement to Grantee tinder the terms and conditions described herein. BASED ON THE FOREGOING AND FOR GOOD AND VALUABLE CONSIDERATION AND THE COVENANTS AND CONDITIONS HEREIN SET FORTH, THE PARTS NOW ENTER INTO THIS AGREEMENT: Easement Agreement -t EXHIBIT NO. Achuck from nangayan -Song 1� T- IDC-,Ct 1. INCORPORATION OF RECITALS AND EXHIBITS. The Recitals above are hereby incorporated into the text of the Agreement and are material terns of the Agreement. 2. GRANT OF EASEMENT. 2.1. Permitted Uses of Easement. Grantor hereby irrevocably grants to Grantee a perpetual easement appurtenant to the Dominant Tenement on, over, under and across that portion of the Servient Tenement as described and depicted on the attached Exhibit A for ingress and egress, for parking, slope support, utilities and the use and enjoyment of a yard for recreational purposes, and includes the installation, maintenance, repair, and replacement of retaining walls, fencing, driveway, parking area, landscaping, utilities of.all type and kind, lighting, and irrigation (the 'Easement"). Other than as expressly provided above, no other permanent structures shall be constructed within the Easement. 2.2. Temporary Construction Easement. Grantor also grants to Grantee a construction easement appurtenant to the Dominant Tenement, on, over, across, above and under the Servient Tenement for the purpose of grading, installation, construction and maintenance of the improvements described above, including but not limited to retaining walls, fencing, parking areas, yard, landscaping, lighting and irrigation (the "Temporary Construction Easement"). This Temporary Construction Easement commences upon execution of this document and terminates automatically upon completion of the installation of the improvements and the acceptance of such work by the municipal entity with authority over such installation. 2.3. Incidental Riahts. The Easement herein granted includes incidental rights of the Grantee to enter upon the Servient Tenement, to the extent reasonably necessary for the purpose of earthwork and grading and installing, constructing, upgrading, servicing, maintaining, repairing, removing and replacing all improvements reasonably contemplated in this Agreement lying within the Easement including but not limited to all improvements, driveways, retaining walls, fencing, utility conduits, landscaping, irrigation, lighting and plantings. 2.4. Restrictions/Conditions. (a) The parking area within the Easement shall be used by Grantee for the parking of vehicles. and shall not be used as a sport court. (b) Grantee's right to install fencing within and upon the Easement is limited as follows: fencing shall be no more than five (5) feet in height. (c) Grantee shall have the right to the exclusive use of the yard and parking areas within the Easement. Such grant of exclusive use is limited to the parking and yard areas of the Easement only, is not for the entire Easement and is intended to comply with the holding of Blaclanore v. Powell (2007) 150 Cal.App.4a' 1593. 3. MAINTENANCE. For the duration of the Easement and at Grantee's sole cost and expense, Grantee, or the then - current owner of the Dominant Tenement, shall maintain the Easement and any improvements within the Easement that Easement Agreement -2- Achuck from Banga}'xn -Song E °HIBIT N0. I� have been installed by Grantee or its successors and assigns; provided that notwithstanding the foregoing, Grantee shall have no obligation to maintain those landscaping improvements installed within the Easement pursuant to that certain Declaration of Restrictions and Agreement for Mainienance of Private Roadway, Drainage Facilities and Landscaping, filed for record on November I, 20131. as document number 2013 - 00.68318 ( "Mainienance Agreement"), which landscaping improvements shall be installed, maintained and paid for by the parties described in and asset forth in such Maintenance Agreement. 4. INDEMNITY / INSURANCE. Except to the extent caused by the sole negligence or willful misconduct of Grantor, the Grantee and its successors and assigns shall indemnify Grantor from and against any and all claims for injury to or death of any person or damage to property, to the extent directly caused by Grantee's use of the Easement. The liability of the Grantee hereto and of future owners of the respective properties described herein for the performance of any of the provisions of this Agreement shall terminate as to those parties (without terminating the easement or covenants created hereunder) upon the sale, transfer, assignment, or other divestment of the owner's entire interest in the property with respect to obligations arising from and after the date of divestment with respect to such property. Grantee shall obtain and maintain liability insurance that covers property damage and personal injury arising out of Grantee's use of the area of the Easement, in the minimum amount of $:1,000,000.00 per occurrence / $2,000,000.00 in the aggregate. Grantee shall name Grantor as an additional insured, and shall provide certificates of insurance to Grantor upon request. �. TAXES / LIENS. (a) Grantee and its successors and assigns shall solely be responsible for any new property tax or any increase in any property tax levied against the Servient Tenement or the owner of the Servicnt Tenement but only to the extent directly caused by this Agreement. (b) Grantee shall keep the Easement free and clear of liens of any Lind arising from Grantee's construction upon or use of the Easement. Grantee shall indemnify, defend against and keep Grantor free and harmless from all liability, loss, damage, costs, attorneys' fees and any other expense incurred on account of any claim by any person performing work or furnishing materials or supplies for Grantee or any person claiming under Grantee for work upon the Easement. Before the actual commencement of any work for which a claim or lien may be filed, Grantee shall give Grantor notice of the intended commencement date and sufficient time before that date to enable Grantor to post notices of non - responsibility or any other notices which Grantor deems necessary for the proper protection of Grantor's interest in the Easement, and Grantor shall have the riglmt.to enter the Easement and post such notices at any reasonable time. 6. LOT LINE ADJUSTMENT. Within three (3) months after the recordation of this easement. Grantee will submit an application to the Town of Tiburon for a lot line adjustment in order to accomplish a transfer of the entire area of the Easement Agreement -3- Aehuckfrom nangayan -song gry EI ;I�IBIT NO.�._ P. 2 L) 9 Easement from the Servient Tenement to the Dominant Tenement, and once submitted, Grantee will process the application at Grantee's cost and expense. Grantor will execute any application for lot line adjustment and subsequent deed or other documents required to complete the lot line adjustment and transfer of the property. It is expressly acknowledged and understood that the consideration to Grantor for the lot line adjustment is the execution of this Agreement, the obligations hereunder, and Grantee's payment for the processing and recording of the lot line adjustment, and no other consideration whatsoever is due to Grantor. Once the lot line adjustment for the entire area of the Easement (along with any certificate of compliance) has been recorded, this easement will automatically terminate and be of no force and effect as to the portion of the area of Easement conveyed to Grantee by the lot line adjustment process, except that the terms of Section 2.1 Permitted Uses of Easement and the terms of Section 2.4 Restrictions /Conditions of this Agreement shall survive the termination of the easement. If the lot line adjustment is not approved by the Town, or is not commercially feasible to obtain, then the Easement granted by this Agreement shall remain in full force and effect. 7. NOTICES. All notices or other communications required or permitted hereunder shall be in writing and shall be personally delivered or sent by first class mail to the following addresses and shall be deemed received and effective upon the date of receipt thereat. Said addresses for notice may be changed at any time by either party upon prior written notice to the other party. upon a sale or conveyance of the Dominant or Servient Tenement or other transaction assigning or transferring rights or obligations under this Agreement the transferring party shall endeavor to give written notice to the other party of the same and address of the successor to which notices are to be sent; provided, however, that failure to give such notice shall not constitute a default under the terms hereof. To Grantor: Englebert Tan Bangayan 355 1st Street Unit S907 San Francisco, California 94105 To Grantee: Achuck Family Partnership Lionel Achuck 4885 Paradise Drive Tiburon, California 94920 S. ENTIRE AGREEMENT. This Agreement contains the entire understanding and agreement of the parties hereto relating to the rights herein granted and the obligations herein set forth. Any prior, contemporaneous, or subsequent written or oral representations and modifications concerning this Agreement shall be of no force or effect, except a subsequent modification of this Agreement in writing, signed by Grantor and Grantee. 9. DEFAULT. In the event of any claimed default of this Agreement by either party against the other, the party claiming a default shall give the defaulting party written notice specifying the alleged default. The defaulting party shall thereafter have thirty (30) days to cure such alleged default. Easement Agreement -4- Achuck from Bangayou -Song EXHIBIT N0. I Z7 P. `-1 OF 7 10. SUCCESSORS I COVENANTS RUN WITH LAND. This Agreement and each and every term, provision, condition, obligation, easement and covenant shall inure to the benefit of and shall be binding upon each party and their respective heirs, executors, grantees personal representatives, administrators, successors and assigns of the Grantor and Grantee and the successor owners of the Dominant Tenement and Servient Tenement, and shall be perpetual and permanent covenants, restrictions and servitudes running with the land. Grantor agrees that this Agreement may be recorded against the Servient Tenement and Grantee agrees that this Agreement may be recorded in favor of the Dominant Tenement. 11. FURTHER ASSURANCES. Each Party shall execute, acknowledge, seal and deliver such further assurances, instruments and documents as the other may reasonably request in order to fulfill the intent of this Agreement and the transactions contemplated hereby. Following a reasonable request for further assurances, instruments and/or documents from one Party to the other, the requested Party shall reasonably respond to the request within three (3) business days, and shall not unreasonably withhold compliance with the request. Grantor shall sign all applications for the permitting and construction of any improvements within the Easement, within 72 hours following presentment to Grantor. Grantee's development of the Easement area shall be in conformance with plans approved by the Town of Tiburon, .including but not limited to the Parcel Map approved by the Town of Tiburon on August 7, 2013, by way of Resolution 33 -2013. 12. MISCELLANEOUS. 12.1 No Party shall be deemed to have waived the exercise of any right which it holds hereunder unless such waiver is made expressly and in writing (and no delay or omission by any Party hereto in exercising any such right shall be deemed a waiver of its future exercise). No such waiver made as to any instance involving the exercise of any such right shall be deemed a waiver as to any other such instance, or any other such right. 122 This Agreement is entered into in Marin County and shall be given effect and construed by application of California law, and venue for any action shall be in Marin County, California. 12.3 In the event of any legal action or arbitration proceeding between the.Parties regarding or arising out of the enforcement or interpretation of this Agreement or the transactions contemplated by this Agreement, the prevailing Party shall be entitled to payment by the non - prevailing Party of its actual attorneys' fees, costs. and litigation or arbitration expenses as determined in the course of the proceeding. 12.4 Notwithstanding any rule or maxim of construction to the contrary, any ambiguity or uncertainty shall not be construed against either Grantor or Grantee based upon authorship of any of the provisions hereof. Easement :Agreement --r'- EXHIBIT NO. I Achock from Sangayan -Song ?, 5 0(=y 12.5 Time is of the essence of this Agreement and the performance of each and every one of the terms and conditions hereof. 12.6 This Easement Agreement may he executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 12.7 if any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect. such invalidity, illegality, or unenforceability shall not affect any other provision hereof. and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. I2.8 All improvements that Grantee desires to install in or on the Easement area shall be performed in accordance with all applicable laws. 13. EXHIBITS. The following Exhibits are attached to this Easement Agreement and incorporated herein by reference: A: Easement Description and Depiction TFUS AGREEMENT is executed effective as of the Effective Date set forth above. GR.kNTOR: z Dated: 11 117 ' Eng ebert Tan Ban yan Dated: it I Ir-10 Juli Kyung Soo Sling ''X Dated: It 1 2 c' l t3 ACHUCK FAMILY PARTNERSHIP, L.P. a Delaware limited partnership state. Caldomia Countyof SrM' lI'[✓tGrS Cru es. t I — e1 -% celX- Notary PUOlic, personaltyappearpd IC <+ Gn n .,n ieeS sw 7 who proved to me on the basis of satisfactory eridanee to be the By Lionel Achuck person(s)whose name(s)is/aresuWcdbatl to thewdhin lnsbumanand Its: General Partner acknowladgedtornelhathe/ she /Meyexeculed the samefnhwlnedlhefr authorized ceparay(im), and that by his /hernhex signaturets) on the inshumenithe person(s), ortheentity upon behatlolwhich thepersents) acted, executed tneinsuumen. l cenity under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph ib wuunn.xwm,wuxw,m�nuc ID TSl1NG nueandcorrea WITNESS my hand and cfhaal seat. M. #1tl058a9 Ulfhc- l;alilornie o am Easement Agreement -6- ancisco Cogniy =, xprreMSeo 2m?�, Achuck from Bangayan -Song x E -HIBIT NO. 10 ?.GWR CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County or On before me. fi7� �4 1YtTS't�1 l 9 (n� Vt nlerc insertn mod Bile ordmatricer) personally appeared 1C,l1 (� (% �t A who proved to me on the basis of satisfactory evidence to be the personN whose name(9h is /arc subscribed to the within instrument and acknowledged to me that he /sheA4tey executed the same in his/trerkhtir authorized capacity(ds), and that by his/lterkltelr signature(() on the instrument the person(P4. or the entity upon behalf of which the person#) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. +- y''rt�,'• F. CRUZ Commission & 1951590 l4i iary Public - Lalitornia z�. WITNESS my hand and official seal =_ Mario County My Comm. Expires Oct ti, 2015 \' (Nmnry Stall Signature al'Nnury Public ESCRIPTION OF THE ATTACHED DOCUMENT kt�t -TJ�� .r`l zi'Ifi f [ illour Jcsniptiun afaWaclxd rkx:ummal b� �(�,-' _ 1'fille ar dasnpi `- fmiadxd dacumcnt continued) 1 NumberofPaees__ Document Date' _ -� tnddioniml intnrrmotion) CAPACITY CLAIMED -BY THE SIGNER • Individual is) • Corporate Officer (Tine) • Partnens) • Anomey -ire -Fact ❑ Trusteefs) ❑ Other 10 U8 Version CAPA.,12. 1 Jilin 900477.91165 tray.NotatyCla 4s Om INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Anr atlamulesigmnat completed m f.'aWamm most cmtmm rrrhmge esaclrs as uip,, s abort m ilk awwri, -won or a se(xavne u01lmm9erlgme1Jfarm ,I= he prtmprrh• eomplered and aaardud to den dormaent. The obey dapdm, is if u doemurnt is as br nrnrJed ummJ¢ of Cnhfm,eia. !n,exit imiuures. nip• erk"li afire aahnmrledgmenr verhiuge as mar be pmrel on such a dacmnem su long as the rerhiratm Jaen am r e0mre rum aurmy in do aoamtttug diur is illegal far a ,man in Cattimma (i.e. avtlryuig the miomil -,•d caparm of the sigmy. Please AM der dixo.1 cmrlall, %ar-l+ngn nmtreial mrading a +rd alraci+ 'lo s I+an t(recim"I • %Wle sod County infonnniiou nmo he the Suite imd County w•liere the doemuent shaerts) personally appesed bafnre the m ilarypublicfuraci:rowledamel- • Date arimmnTmum mrtat lgthc date slum tux lilt oerls) persnnallr appeared aduch nl=alsv he 11u•.uim, data the aekmmwicdtmmnrt is completed. • The near Puhlir muse prim his or him name as n Allows within h6 or her commusinn fnllouud by a comma and then your title (notary public) • Prim the rut lds) or dr¢umertl signegs) who personi appear at the time of Wltariradon • Idicate the much singulm of plural forms by crossing off iacolrect farms O.e. NetslreAMeti -is tare 1 or circling the coaccl forma. Failure to correctly indicate this information may lead to mjechon ofdaeument recording •- The near• seal ollionsimm mum be clear and .photographically srpmducitde. Impassion must not cave, text at lines. Irseai impression smudges, re -seal Jill suffmmnt area perdu. ulbenmse ratmpine a different acknowiedgnxnlJarm • Sigrmtme nrtlx ninny public must match the sigimsurc an file Aith the om<e of the crormy clerk d Addilimmi mfanuauan is Trot required hat could acip to ensure this acknoadcdgmrnt is not misused or Watched lu It ddremm document •} Indicate tidr or qTx or attached daeumeol. number or Pages unit date •} lndrrate the eapacrly claimed by the signer. If the claimed capacill rc o narporme amcar. indicate the tine (i.e. CEO. CPO. Secretmsl. • Seemely ouch this doer m rm m the signed dueunrem EXI IHIBIT N0. 1 y� 1 r7 OF'7 EXHIBIT A Legal Description Easement BEGINNING at the northwesterly comer of Lot 1 as said lot is shown on that certain Parcel Map recorded on November 1, 2013 in Book 2013 of Maps at Page 153 Malin County Records; thence from said POINT OF BEGINNING along the northerly line of said Lot 1 North 360 13' 00" East, 151.30 feet; thence leaving said northerly line South 49° 46' 43" East 16.55 feet; thence on a curve to the left with a radial bearing of South 75° 39'22" East through a central angle of 18 °49'21" with a radius of 186.00 feet and an arc length of 61.10 feet; thence South - 4 °28'44" East 40.17 feet; .thence on a tangent curve to the right through a central angle of 681 23' 15 "with a radius of 24.00 feet and.an arc length of 28.65 feet; thence South 63 154'31" West 37.21 feet; thence on a tangent curve to the left through a central angle of 17 147'04" with a radius of 106.00 feet and an arc length of 32.90 feet to the westerly line of said Lot 1; thence along said westerly line North 28 °47'21" West 54.61 feet to the POINT OF BEGINNING. Containing 8,923 square feet, more or less. Job No. 8795 11 -08 -2013 1,-21H-371BIT NO. i I ILS ASSOCIA,IM IN .® JOB EASEMENT '' €.. ' C, aDe Na. 8795, (7636A) SHEET N0. 1 OF l S Civil Engineering & Land Surveying DESIGN BY ojs DATE 11/08/2013 79 Golf+ rive, Suite A CHECKED BY ILS DATE 11 08 2013 Novato, Co 94949 -5717 / (415)BB3 -9200 FAX (415)683 -2763 SCALE 1" = 30' SCALE 1"--30' LANDS OF ACHUCK FAMILY PARTNERSHIP, j ON 2011- 0062172 4885 PARADISE DRIlf sue. \ �oF 0 LOT 2 2013 MAPS / EASEMENT ARE v %' l m � I 8,923 sq. ft. ,+ a20 acres ' 00 106' 9Q k LOT 1 2013 MAPS 153 EXHIBIT EXHIBIT NO.JLZZ-_ ?' q DF7 U MAIL# Z Englebert Bangayan 168 Antonette Drive Tiburon, CA 94920 May7,2014 sQ��D Tiburon Planning Commission MAY 0 8 2U14 1505 Tiburon Blvd. Tiburon, CA 94920 PLANNING DIVISION Subject: File #31401; Amendment to the Parente Vista Precise Development Plan ; Dear Planning Commission: My wife and I own the lot at 168 Antonette Drive, which is adjacent to 4885 Paradise Drive. Our lot is one of two lots that are defined by the Parente Vista Precise Development Plan (PDP), which was approved by the Town Council in Resolution No. 47 -2010. We purchased 168 Antonette Drive from Lionel Achuck in November 2013 and are in the process of constructing a new home on the lot. As a condition of purchase, we agreed to grant the owner of 4885 Paradise Drive, currently Mr. Achuck, an easement' The area of the easement corresponds to the amendment area in Mr. Achuck's application to amend the Parente Vista POP. Any improvements to the easement area would be subject to the approval from the Planning Commission and to the terms of the easement, which generally limits the use of the area to install a lawn and additional parking spaces. In order to eliminate any and all liability associated with the easement area, our lawyer recommended that we conduct a lot line adjustment to transfer the easement area to 4885 Paradise Drive. I had previously submitted a letter that objected to an older version of Mr. Achuck's application. The objections concerned: 1) the use of the easement area to accommodate a future swimming pool; and 2) the transfer of the easement area from the Parente Vista POP to the Kahn Precise Plan. Mr. Achuck has informed me that he had updated his application by eliminating his request to use the easement area to accommodate a future swimming pool. In addition, the Town's planning manager informed me that even if the amendment area was removed from the Parente Vista PDP and included in the Kahn Precise Plan, the intent of the conditions in the Parente Vista PDP would be applied to any future applications that concern the amendment area. Based on the information that ' Easement agreement was recorded in Marin County on 11/21/2013 as record 2013- 0071342. EXHIBIT N0. P, ( nPZ I received from Mr. Achuck and from the Town's planning manager, I hereby withdraw my prior objections and now support the application. Sincerely, Englebert Bangayan EXHIBIT N0. L ?. Z cr-Z MAY 12 2614 PLANNING DIVISION Tiburon Planning Commission 1505 Tiburon Boulevard Tiburon, CA 94920 Attn: Dan Watrous THE DIBBLE FAMILY Pmumm LATE MAIL # � TIBURON, CALIFORNIA 94920 May 11, 2014 Dear Members of the Tiburon Planning Commission — We are writing to share with you our concerns about the proposed lot line adjustment and amendment to the two precise plans (the Kahn Precise Plan and the Parente Vista Precise Development Plan) that will be reviewed by the Planning Commission on Wednesday, May 14. In short, we object to the proposed plan amendments and the lot line adjustment to our neighbors' property at 4885 Paradise Drive because the "parking area" is too close to the Parente Vista roadway access and can easily be used by 4885 Paradise Drive to access Antonette Drive. We raised these issues at the February 20, 2014 Design Review Board meeting at which the plans for 168 Antonette Drive were discussed and subsequently approved. In response to our objections about the roadway location and orientation, the DRB noted that the precise plans were "finally determined" and could not be changed absent a new consideration of the plan. We feel strongly that the already approved plans remain in place or, if they are to be reconsidered, that they be reconsidered in their entirety, including the possibility of relocating roadway access to the Parente Vista lots to the east side of those lots, far from the 4885 Paradise Drive property. It is also critical that the Planning Commission be aware that 4885 Paradise Drive has already been using the Parente Vista lots to access their property. The existing alternate access to 4885 Paradise Drive by the Achuck family (which owns or controls 4885 Paradise Drive and the land on which the two Parente Vista lots are located) violates the recorded CC &Rs for the three Paradise Lane properties (4881, 4883 and 4885 Paradise Drive). This alternate access significantly undermines the use limitations, financial obligations and maintenance incentives for Paradise Lane that are built into those recorded CC &Rs. Furthermore, it creates the possibility that our private roadway, Paradise Lane, could be used as a "through road" or "service entrance" for 4885 Paradise Drive, 168 Antonette, the new house to be constructed on Lot 2 of the Parente Vista development, the homes on Antonette Drive and/or anyone else seeking an alternate route to Paradise Drive. These negative impacts can be avoided by rejecting the proposed amendments to the two existing precise plans to create this lot line adjustment. We urge the Planning Commission to deny the request to modify the existing plans. We plan to attend this week's hearing and will be happy to further explain our comments and concerns about the proposed amendments and lot line adjustment In the meantime, thank you for your consideration of the issues and recommendations that we have identified here. Sam and Jenn�iffe,err Dibble 10i EXHIBIT N0. �Z Velda and James Demmert 4881 Paradise Drive Tiburon CA 94920 Tiburon Planning Commission 1505 Tiburon Boulevard Tiburon CA 94920 Dear Members of the Tiburon Planning Commission- L I ti AIL 2 IFJ);I _ u u ll 7,JI MAY 13 2014 D PLANNING DIVISION I am writing to you in regard to the proposed lot line adjustment and amendment to the two plans (Kahn & Parente) that will be discussed on Wednesday. The lot line adjustments to 4885 Paradise Drive enhance our previous concern (expressed during the February 20, 2014 Design Review Board meeting) that in some way Antonette and /or the Parente Vista roadway could be connected through these private driveways to our private road — which would be unacceptable and change the nature, traffic flow and the privacy that we sought when purchasing our home at 4881 Paradise. The change of the lot line makes this possibility a near reality as there is very little distance between the proposed parking area for 4885 Paradise and the Parente Vista roadway access. After reviewing the plans with the above concerns in mind, we ask that the Commission seek alternatives to avoid the risk of invading our private road and the noise associated with it. Evidently there will be another property built on the adjacent lot which could potentially have similar access. We hope that the Tiburon Planning Commission will seriously question the proposed lot line adjustment in light of these concerns. Sincerely, James and Velda Demmert EXHIBIT N0. 13