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HomeMy WebLinkAboutTC Res 2004-08-18 /- RECORDING REQUESTED RETURN TO: ;---, Town of Tiburon Planning Department 1505 Tiburon Boulevard Tiburon, CA 94920 Attn: Daniel M. Watrous RESOLUTION NO. 44-2004 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE PRESERVE PRECISE PLAN (PD #16) FOR PROPERTY LOCATED AT 6 INDIAN ROCK COURT ASSESSOR PARCEL NO. 38-400-03 /"'. WHEREAS, on July 28, 2004 the Planning Commission held a public hearing to consider the approval of an amendment to the Preserve Precise Plan to amend two portions of the building envelope for the property developed with existing single-family residence at 6 Indian Rock Court; and WHEREAS, on July 28, 2004, after receiving public testimony and considering the application, the Planning Commission adopted Resolution No. 2004-08 recommending to the Town Council that the western portion of the requested precise plan amendment be approved, but that the eastem portion of the requested amendment not be approved; and WHEREAS, The Town Council has found that the project is exempt from the requirements of the Califomia Environmental Quality Act per Section 15301 of the CEOA Guidelines; and WHEREAS, on August 18, 2004, 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 to modify the western portion of the building envelope for the property located at 6 Indian Rock Court would be consistent with the overall intention of the Preserve Precise Plan and the pOlicies contained within the Land Use Element of the Tiburon General Plan. The Town council also concurred with the findings made by the Planning Commission and found that the proposed eastem building envelope expansion would be would be inconsistent with the provisions of the Town-held scenic easement affecting this portion of the lot, and inconsistent with the overall intention of the Preserve Precise Plan to maintain the open visual character of this area. ~ TIBURON TOWN COUNCIL Resolution No. 44-2004 Adopted August 18, 2004 Page 1 of 2 ,/ r--. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby partially approve the requested amendment to the Preserve Precise Plan, subject to the following conditions: 1. The approved building envelope for the property at 6 Indian Rock Court shall be amended as reflected on the Precise Plan Amendment plan, prepared by Suzman Design Associates, dated June 15. 2004 (one sheet), except that the eastern amendment to the approved building envelope is not approved, 2. This Precise Plan Amendment approval shall be valid for 36 months following its effective date, and shall expire unless subsequent zoning and/or building permits have been issued pursuant to this approval, A time extension may be granted if such request is filed prior to the expiration date. 3, This approval shall in no way alter other provisions of the Preserve Precise Plan not specifically described herein. 4. The expanded building envelope area approved herein shall be a "fencing only. envelope, limited to fencing no greater than six feet (6') in height and landscaping, No other structures shall be permitted in this area, Fencing design and all landscaping within the drainage easement shall be subject to approval by the Town Engineer. Fencing shall utilize least visibly noticeable materials, with no horizontal wooden members. ~ PASSED AND ADOPTED at a regular meeting of the Town Council on August 18, 2004, by the following vote: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Berger, Fredericks, Gram AYES: NOES: None / S"7 .. /~'- ~c-_L ALICE FREDERICKS, MAYOR TOWN OF TIBURON At2J2JI~ DIANE CRANE IACOPI, TOWN CLERK /"'. TlBURON TOWN COUNCIL Resolution No. 44-2004 Adopted August 18, 2004 Psg. 2 012