HomeMy WebLinkAboutTC Res 1994-11-16 (2)
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RESOLUTION NO. ~
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON DENYING GENERAL PLAN AND
ZONING ORDINANCE AMENDMENTS PROPOSED FOR
THE PARENTE PROPERTY (A. P. #38-111-16)
WHEREAS, the Town has received an application from Antonia F1itner for an
amendment to the Tiburon General Plan proposing to change the land use designation on
the applicant's property from L (Low density residential .up to .5 dwelling units per acre)
to ML (Medium-Low density residential -up to 1.1 dwelling units per acre); and
WHEREAS, the Town has received an application from Antonia F1itner for an
amendment to the Tiburon Zoning Ordinance proposing to change the zoning designation
on the applicant's property from RPD to RO.l. Said applications consist of:
1. Application form received 8-16-93.
2. Environmental Data Submission form received 3-4-94.
3. Topographical and Slope Analysis exhibits received 4/29/94.
WHEREAS, the Town Council has found that the subject property possesses special
environmental constraints including steep slopes, limited access, and adjacency to secured
open space- these constraints being evident from the information submitted by the
applicant; and,
WHEREAS, Secondary Ridgeline "0", as specifically identified in Resolution 2859,
runs roughly through the center of the subject property; and,
WHEREAS the Town considers undeveloped ridgelines to be of "overriding visual
significance to the Town", as stated in General Plan Policy OSC-5; and,
WHEREAS the Town considers the Precise Development Plan process as required
by the RPD zoning regulations to be the most appropriate method of designing and
evaluating development projects for their consistency with Town policies and for respecting
the environmental constraints that may affect the development of any particular property;
and;
WHEREAS the Town considers the RO.l zone to be an inappropriate zoning
designation for large tracts of undeveloped land with significant environmental constraints;
and,
WHEREAS the Precise Development Plan process, as required in the RPD zoning
district, is significantly more conducive to achieving conformance with General Plan
policies, including but not limited to policies LU-3, LU-12, LU-17, OSC-l, OSC-2, OSC-14,
and OSC.15; and,
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WHEREAS, the Town Council has found that the existing General Plan land use
designation of L, and the existing RPD zoning are consistent with the other vacant
properties in the vicinity, and are appropriate for this particular property and allow for
reasonable development and use of the property; and,
WHEREAS, the Town Council has been offered no substantial evidence showing why
the existing General Plan and Zoning Ordinance designations are inappropriate and/or
should be changed; and,
WHEREAS, Section 15270 of the CEQA Guidelines provides that projects which are
rejected are exempt from the requirements of CEQA; and,
WHEREAS, the Town Council finds that the proposed General Plan and Zoning
Ordinance Amendments would be inconsistent with other portions of the General Plan and
Tiburon Zoning Ordinance including Section 4.09.05(b) of the Zoning Ordinance; and
WHEREAS, the Town Council does hereby incorporate the analysis and findings of
the Staff Report dated 11/16/94 as part of this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby deny the proposed General Plan and Zoning Ordinance amendment
applications as being contrary to the objectives and policies of the Town as expressed in the
Tiburon General Plan and Zoning Ordinance.
BE IT FURTHER RESOLVED that the Town Council directs that the unused
portion of the application fee be refunded to the applicant.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on November 16, 1994, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Ginalski, Nygren, Thayer, Thompson, Wolf
None
None
ATTEST:
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N NYGREN,
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