HomeMy WebLinkAboutTC Agd Pkt 2014-11-19 (2)To:
From:
Subject:
Reviewed By:
Town OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Community Development Department
Town Council Meeting
November 19, 2014
Agenda Item: FW
3825 Paradise Drive; Alta Robles Precise Development Plan; File #
30701 -TE; Request for Time Extension for an Approved Precise
Development Plan for a 14 -unit Single- Family Residential Project on
Approximately 52 Acres of Land; Planned Development #20; Assessor
/Paarc^etl1 Numbers 039 - 021 -13 and 039 - 301 -01
�`
PROJECT DATA
Address:
Assessor's Parcel Numbers:
File Number:
Lot Size:
General Plan:
Zoning:
Current Use:
Owners /Applicants:
Flood Zone:
BACKGROUND
3825 Paradise Drive
039 - 021 -13 and 039 - 301 -01
30701 -TE
Approximately 52 acres
PD -R -a (Rabin) and PD -R -i (S.O.D.A.); (Planned
Development- Residential; maximum density 0.4 du/ac)
RPD (Residential Planned Development);
Rabin - Single Family Residential; S.O.D.A. - Undeveloped
Rabin Survivors Trust and S.O.D.A.
X (Outside 500 -year flood event)
On February 15, 2012, the Town Council adopted Resolution No. 09 -2012 (Exhibit 3) approving
the Alta Robles Precise Development Plan for the eventual subdivision of 52.2 acres of land,
currently developed with one single - family dwelling, into 14 single - family residential lots.
Excerpts from the approved project plans are attached as Exhibit 6.
Condition of Approval No. 36 of Resolution No. 09 -2012 requires that the 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. As a
tentative map has not yet been granted, the applicants have requested an 18 month time extension
for the Precise Development Plan while they continue to prepare the materials necessary for the
tentative subdivision map application.
TOWN OF TIBURON PAGE 1 OF 3
Town Council A4cecing
November 19, 2014
n.IF411% 6161 F1
Time extensions for Precise Development Plans are regulated by Section 16- 52.060 (F[3]) of the
Tiburon Zoning Ordinance. The ordinance requires that "the permit holder shall submit sufficient
information to the Town to determine whether good cause for an extension exists."
In the absence of obvious economic reasons (such as a recession), Town Staff generally considers
the following factors in assessing whether "good cause" exists for granting a time extension:
Whether there is evidence of an intent to proceed with implementation of the
project in a timely manner (i.e., the project has not been abandoned and progress is
occurring).
2. Whether circumstances have changed which would no longer make the project
consistent with Town policies or regulations.
The applicants have indicated that the delays were due to the several reasons beyond their
control, including the passing of the project manager, and the time needed to obtain approval of
the LAFCO annexation for a portion of the property and coordinate with state and federal
resource management agencies. The applicants intend to file their tentative map application by
the end of 2014. Staff believes that there is good cause established for an extension.
REVIEW BY THE PLANNING COMMISSION
The Planning Commission held a public hearing on this application at its October 22, 2014
meeting. At that meeting, the Commission determined that there was no change in circumstances,
either for the property or its surroundings, or in Town policies or regulations, that would argue
against granting a time extension. In response to a letter from a nearby property owner (Exhibit
5) contending that the level of bicycle traffic on Paradise Drive has substantially increased since
the approval of the Alta Robles project, the Commission determined that this claim has not been
substantiated, nor was it sufficient reason to deny a time extension. The Commission voted 3 -0 to
recommend approval of the time extension. Draft minutes of the October 22, 2014 meeting are
attached as Exhibit 4.
ENVIRONMENTAL REVIEW
An Environmental Impact Report has previously been certified for the Alta Robles project and its
trailing permits. No additional environmental review is required for the requested time extension.
1,7 aTKI)i•, lu I �I`►I17:M Y [1)►`I
Staff recommends that the Town Council:
Hold a public hearing on this item and hear and consider all testimony, and
2. Adopt the attached resolution (Exhibit 1) approving an 18 month time extension
for the Alta Robles Precise Development Plan.
TOWN OF TIBURON PAGE 2 O 3
Town Council. Mccring
November 19, 2014
EXHIBITS
1. Draft Resolution
2. Application and supplemental materials
3. Town Council Resolution No. 09 -2012
4. Draft minutes of the October 22, 2014 Planning Commission meeting
5. Letter from Mark Goldstein, dated October 9, 2014
6. Excerpts from approved Alta Robles Precise Development Plan plans
Prepared By: Daniel M. Watrous, Planning Manager
\shared\administmtion \Town Councinstaff reports\2014 \November 19 drafts\Alta Robles PDP time extension report.doc
TOWN OF TIBURON PAGE 3 OF 3
RESOLUTION NO. (Draft) -2014
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING RESOLUTION NO. 09 -2012 AND APPROVING A TIME EXTENSION FOR
THE ALTA ROBLES PRECISE DEVELOPMENT PLAN (PD #20) LOCATED ON 52 ACRES
OF LAND SURROUNDING 3825 PARADISE DRIVE
ASSESSOR PARCEL NOS. 039- 021 -13 & 039 - 301 -01
WHEREAS, on February 15, 2012, the Town Council approved a Precise Development
Plan for the Alta Robles development by adopting Resolution No. 09 -2012; and
WHEREAS, Condition No. 34 of said resolution established a 36 -month term of
approval, unless a tentative map application had been approved or a time extension granted; and
WHEREAS, the project applicant has timely filed an application for a time extension
requesting that the 36 -month approval be extended to 54 months; and
WHEREAS, on October 22, 2014, the Planning Commission held a public hearing to
consider the request to extend the approval time for the Alta Robles Precise Development Plan as
originally set forth in Town Council Resolution No. 09 -2012; and
WHEREAS, after receiving public testimony and considering the application (File
#30701 -TE) at that hearing, the Planning Commission adopted Resolution No. 2014 -13
recommending to the Town Council that the time extension be approved; and
WHEREAS, on November 19, 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 there is
evidence of an intent to proceed with implementation of the project in a timely manner, as the
applicants have indicated that the delays were due to the several reasons beyond their control,
including the passing of the project manager, and the time needed to obtain approval of the
LAFCO annexation for a portion of the property and coordinate with state and federal resource
management agencies; and
WHEREAS, the Town Council also finds that there has been no documented change in
circumstances, either for the property or its surroundings, or in Town policies or regulations, that
would argue against granting a time extension.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon
does hereby approve the requested extension of time for implementation of the Alta Robles
Precise Development Plan by amending Condition No. 34 of Town Council Resolution No. 09-
2012 to read as follows:
TIBURON TOWN COUNCIL RESOLUTION NO. XX -2014 /--/2014
EXHIBIT N0.
34. Expiration. This Precise Development Plan approval shall be valid for 9' (36)
fifty -four f541 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.
PASSED AND ADOPTED at a regular meeting of the Town Council on
2014, by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
TIBURON TOWN COUNCIL RESOLUTION NO. XX -2014 -/-/2014
EXI-1IBIT NO..
f'
ti.
i
;a
TOWN OF TIBURON
LAND DEVELOPMENT APPLICATION
TYPE OF APPLICATION
o Conditional Use Permit e o Design Review (DRB)
a Precise Development Pl n�E.xT.,�e Design Review (Staff Level)
o Tentative Subdivision Map
o Final Subdivision Map
• Secondary Dwelling Unit
o Variance(s) #
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 Seasonal Rental Unit Permit
• Temporary Use Permit
o Tree Permit
o Other
APPLICANT REQUIRED INFORMATION
SITE ADDRESS: �81�`r��,�� -�—(�— _PROPERTY SIZE: �ZAe
PARCEL NUMBER: 03q - er1J - >> F G3R - o r - C3 ZONING: dgdm®
PROPERTY OWNER:
MAILING ADDRESS:
PHONE/FAX NUMBER: - 983 - Rf ,44 E -MAIL:
APPLICANT (Other than Property
MAILING ADDRESS:
PHONE/FAX NUMBER:
ARCHITECT/DESIG
MAILING ADDRESS:
.• Z
PHONE/FAX NUMBER: E -MAIL:
Please indicate with an asterisk ( *) persons to whom Town correspondence should be sent.
BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed):
EXHIBIT NO. , ?+
p, t ,>P`i
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:' Date:
The property involving this permit request may be subject to deed restrictions called Covenants, Conditions and
Restrictions (CC&Rs), which may restrict the property's use and development. These deed restrictions are private
agreements and are NOT enforced by the Town of Tiburon. Consequently, development standards specified in such
restrictions are NOT considered by the Town when granting permits.
You are advised to determine if the property is subject to deed restrictions and, if so, contact the appropriate
homeowners association and adjacent neighbors about your project prior to proceeding with construction.
Following this procedure will the potential for disagreement among neighbors and possible litigation.
Signature:' Date: !Z-4! -:4E
"If other than owner, must have an authorization letter from the owner or evidence of de facto control of the
property or premises for purposes of filing this application
NOTICE TO APPLICANTS
Pursuant to California Government Code Section 65945, applicants may request to receive notice from the Town of Tiburon of any general
(non - parcel- specific), proposals to adopt or amend the General Plan, Zoning Ordinance, Specific Plans, or an ordinance affecting building or
grading permits.
if you wish to receive such notice, then you may make a written request to the Director of Community Development to be included on a
mailing list for such purposes, and must specify which types of proposals you wish to receive notice upon. The written request must also
specify the length of time you wish to receive such notices (s), and you must provide to the Town a supply of stamped, self - addressed
envelopes to facilitate notification. Applicants shall be responsible for maintaining the supply of such envelopes to the Town for the duration
of the time period requested for receiving such notices.
The notice will also provide the status of the proposal and the date of any public hearings thereon which have been set. The Town will
determine whether a proposal is reasonably related to your pending application, and send the notice on that basis. Such notice shall be
updated at least every six weeks unless there is no change to the contents of the notice that would reasonably affect vow application.
Requests should be mailed to:
Town of Tiburon
Community Development Department
Planning Division
1505 Tiburon Boulevard
Tiburon, CA 94920
(415) 435 -7390 (Tel) (415) 435-U38(Fax)
cos, ii mm noftibu ron.ore
DO NOT WRITE BELOW THIS LINE
DEPARTMENTAL PROCESSING INFORMATION
Application No.:30-40(= rE GP Designation: {gyp —P, Fee DeposiJ16, G10
Date Received: J _ 15 -,Lo l Received By: - Receipt #• �Q too 0
Date Deemed Complete: c($I IL( By:
Acting Body: k � 7(. Action: Date:
Conditions of Approval or Comments: Resolution or Ordinance #
EXHIBIT N0. Z
P 2L-.)Fq
9MSEP 15 2014 l:
Scott L. Hochstrasser
IPA, Inc. PLANNING DIVISION
E -Mail slhl il)aaaol.com *141 Bolinas Road* Fairfax, CA 94930 USA* Tele (415)459 -6224 *Mobile (415) -572 -2777
September 9, 2014
via email and U.S. Postal Service
Scott Anderson, Director Community Development
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94921
RE: Request for Alta Robles Project - Precise Development Plan Time Extension
Dear Scott,
As you know on February 12, 2012 the Tiburon Town Council adopted Resolution
#09 -2012 approving the Alta Robles Precise Development Plan & Mitigation
Monitoring Program.
Resolution - Page 11, condition of approval #34 "Expiration ": notes that the PDP
approval is valid for a period of 36 months following the effective date of the approval
unless a time extension is granted or a tentative map has been approved. Section #4
"Effective Date" of said Resolution notes that the effective date of the resolution
pursuant to Town Code Section 16.52.060 is thirty (30) days after adoption.
Accordingly as I understand it the Alta Robles PDP will expire on March 12, 2015
because to -date there has not been a time extension granted and no tentative map has
yet been approved.
The purpose of this letter is to request, on behalf of my clients, an eighteen month (18
month) extension of time to complete the project tentative map for the Alta Robles
Project pursuant to Town Code Section 16.52.060 (F {3}).
Reasons for Extension Request
The delay in final preparation and submission of the project tentative map has resulted
for several reasons generally beyond the project sponsors control. First, as you know
the shortly after the project was approved Irving Rabin the project manager passed
away leaving the family members to resolve several matters of the estate before
EXHIBIT N0. -A
36r- t(
moving forward with this project. Secondly, the project required a LAFCO annexation
of the 20 acre SODA property assembled to make up the 52 acre project site. Finally,
the approval has over 32 conditions and over 36 mitigation measures, including
several that required very complex coordination with several California State and
Federal resource management agencies prior to completing the tentative map details
and draft CCR's.
The requested eighteen month (18) time extension should be sufficient time for the
tentative map application to be finally prepared and submitted; completed for
processing by the Town staff, and heard by the required decision making bodies of the
Town. Based on the current project teams estimates we expect to file the tentative map
application early fall 2014.
Along with this request for time extension please expect to receive a check directly
from the Rabin family for the extension application fee of $5,080.00 per the Town
code requirements (code requires fee of 50% of the original fee, which was $10,160
($6,520 +14x$260 /unit).
Finally, please let me know if you have questions or need additional information to
process this application. As always, I look forward to working with you and your staff
to move this project to the next step in the process and thank you advance for your
continued assistance and cooperation.
ochstrasser, President
CC: Client's via Email Only
EXHIBIT N0. e�-
P, ({ OF t{
RECORDING REQUESTED
RETURN TO:
TOWN CLERK
TOWN OF TIBURON
1505 TIBURON BOULEVARD
TIBURON, CA 94920
RESOLUTION NO. 09-2012
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 #20
BY APPROVING A PRECISE DEVELOPMENT PLAN (ALTA ROBLES PDP)
AND ADOPTING A MITIGATION MONITORING PROGRAM
ASSESSOR PARCEL NOS. 039 - 021 -13 and 039 - 301 -01
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section 1. Findines.
A. The Town of Tiburon has designated 52.21 -acres of land located between Paradise Drive
and Hacienda Drive 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 #20
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 intent 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
MORON TOWN COUNCIL RESOLUTION NO. 09-2012 02/152012 1
E`a11IBIT N®._
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.
D. The Town of Tiburon has received and considered an application filed by Irving & Varda
Rabin for a Precise Development Plan (the Alta Robles Precise Development Plan) to
augment and supplement provisions of Section 16- 21.030(D[3]) of the Tiburon Municipal
Code specific to Planned Development #20 by proposing the development of fourteen
single family lots and appurtenant improvements, and three open space parcels, on an
approximately 52.21 -acres of land. The proposed Alta Robles Precise Development Plan
would establish a maximum density of 0.27 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 footprints,
residential use areas, height limits, and floor area limits.
E. The Alta Robles Precise Development Plan application consists of File #30701, on file
with the Town of Tiburon Community Development Department. 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 hearings.
TIBURON TOWN COUNCIL RESOLUTION NO. 09-2012 02215/2012
EXHIBIT NO. 3-
F. The Planning Commission held duly noticed public hearings on the Precise Development
Plan application on January 26 and April 13, 2011. On April 27, 2011, the Planning
Commission adopted Resolution No. 2011 -10 recommending to the Town Council
conditional approval of the project with, among other modifications, the elimination of
Lots 8, 9, 10 and 13.
G. An Environmental Impact Report (EIR) analyzing the project was certified by the Town
Council on August 3, 2011.
H. The Town Council has previously and by separate resolution adopted Findings of Fact
pursuant to the California Environmental Quality Act and has adopted findings of
overriding considerations to approve the project despite remaining significant
environmental effects.
I. The Town Council held a duly noticed public hearing on the Precise Development Plan
application on August 3, 2011, at which it heard and considered testimony from interested
persons. The Town Council subsequently deliberated further on the application at public
meetings held on August 31, 2011, November 16, 2011, and February 15, 2012. The
Town Council finds, based upon application materials and analysis presented in the staff
report and the certified Final EIR that the proposed project, as modified by conditions of
approval, is on balance consistent with and furthers 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.
The Town Council finds that the specific design characteristics of the proposed homes, as
presented by the applicant, are a critical factor in the Town's approval of the project. The
applicant has publicly agreed, and it is mutually understood between the Town and the
applicant, that the homes to be constructed on Lots 2 through 14 shall be closely based
on, and in exterior appearance shall resemble as closely as possible, the homes as shown
in the Alternative 6 drawings revised through January 25, 2012, as presented to the Town
Council on February 15, 2012, as may be modified pursuant to Condition No. 2 of this
Resolution.
Section 2. Conditional Approval of Precise Development Plan.
BE IT FURTHER RESOLVED that the Town Council hereby approves the Alta Robles
Precise Development Plan (PD #20) subject to the following conditions and modifications:
Contents. The approved Alta Robles Precise Development Plan shall consist of
the following:
Precise Development Plan for Alta Robles, Tiburon, California, including
Architectural Design Guidelines prepared by IPA, hie., dated March 1,
2007; plans prepared by CSW /Stuber -Sroeh Engineering Group, Inc.,
TIBURON TOWN COUNCIL RESOLUTION NO. 09-2012 02/15/2012
EXHIBIT N0. 3-
dated 05- 08 -07; and the Alta Robles Precise Development Plan (a.k.a.
Alternative 6) prepared by Kao Design Group, January 25, 2012, and as
amended and modified by mitigation measures and conditions of approval
contained herein.
2. Modifications to Precise Development Plan. The following modifications shall
be made to the Alta Robles Precise Development Plan application, as modified
through Alternative 6, shall be modified as follows:
a. No major accessory buildings or structures (including but not
limited to buildings, detached garages and pools) shall be permitted
between the significant ridgeline and a line parallel to the building
footprint closest to the ridgeline for Lots 8, 9, 10, 11 and 12.
b. No accessory buildings or structures (including buildings and
detached garages) shall be permitted west of the significant
ridgeline for Lot 12.
Within ninety (90) days following the effective date of this Resolution, the
applicant shall submit a complete set of the drawings and documents referenced
above incorporating all changes required by the conditions of approval and project
modifications made in this Resolution to the Community Development
Department for review and acceptance as being in substantial conformance with
this approval. This update shall also include and required changes to the
Landscape, Tree Removal and Vegetation Management Plans prepared by
Jim Catlin, Landscape Architect, dated March 2006 (16 sheets).
3. Lot 1 Parameters. Lot 1 is currently developed with an 8,000+ square foot single
family dwelling, tennis court, pool, pond, garden and landscaped areas and other
ancillary improvements. Lot 1 is subject to the 8,000 square foot floor area
guideline limit as set forth in the Tiburon Municipal Code. The height limit for
the main building is 28 feet and the tennis court must be unlighted. Any additional
floor area on Lot 1 must first secure a floor area exception as set forth in Section
16- 52.020(1) of the Tiburon Municipal Code, or successor sections thereto.
Additional improvements on Lot 1 shall be confined to the residential use area
except as otherwise approved herein. The Rabin Private Zone portion of Lot 1
shall be subject to the provisions of Condition No. 11 below regarding
establishment of open space, scenic and/or resource conservation easements. No
additional buildings are allowed in the Rabin Private Zone beyond the existing
storage shed located adjacent to Lot 5, which may be maintained in good repair
but may not be enlarged or the use altered without prior approval by the Planning
Commission.
4. Maximum Density Established. In furtherance of Section 16- 21.040 (C[2]) of
the Municipal Code, this Precise Development Plan approval establishes a
T03URON TOWN COUNCIL RESOLUTION NO. 09-2012 02/152012 4
EXHIBIT N0. 3-
maximum density of 0.27 dwelling units per acre (14 primary dwellings, not
including any Town- approved secondary dwelling units incidental to primary
dwellings) on the 52.21 acre site and is intended to reflect the ultimate
development of the property. No additional subdivision for the purpose of
creating additional lots and/or building sites is permitted, and a note to that effect
shall be placed on the final subdivision map.
5. Floor Area and Height Maximums Established. 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 (except that all basement area shall be counted as floor area), and "height ",
as defined in Section 16- 100.020 (H) therein, that may be constructed on each lot
as set forth in attached Exhibit A, incorporated herein. If any discrepancy
between the approved drawings and Exhibit A exists, the latter shall control. It is
understood that the floor area for each lot as specified above is a maximum
allowable square footage, and the Town may, in its reasonable discretion in
reviewing Site Plan and Architectural Review applications for each lot, approve a
lesser amount of square footage and/or height. Exhibit A also establishes a floor
area allowance not to exceed five hundred (500) square feet for the construction or
installation of detached accessory buildings. The allowance shall not be used for
detached garages, carports, or secondary dwelling units, but may be used for a
pool house, cabana, tool /garden shed, or similar structure, the use of which is
clearly subordinate and incidental to the main building. Detached accessory
buildings shall not exceed fifteen (15) feet in height above grade. No additional
floor area shall be granted for a secondary dwelling unit, which may only be
permitted as an attached structure within the footprint and allowable floor area of
the single - family dwelling on a lot.
6. Significant Ridgeline Setback. No swimming pools, spas, or structures other
than wood and wire fences, driveways, and retaining walls supporting driveways
shall be allowed within fifteen (15) linear feet of significant ridgelines 5 and 6 as
depicted on Sheets EXH 22 and 23 of the approved drawings.
Accessory Buildings and Fences. Accessory buildings or structures and other
improvements, including patios, decks, pools, spas, fountains and water features,
built -in barbeques, play structures, arbors, gazebos, tool sheds, fences, landscape
walls, and parking areas shall be limited to the "residential use area" (RUA) of
each lot as shown on the Sheets EXH 22 and 23 of the approved drawings. Fences
shall not exceed six (6) feet in height and landscape walls shall not exceed four
(4) feet in height. All such fences shall be a wood and wire design matching
specifications approved herein.
8. Tennis Courts. Additional tennis courts (beyond the single existing court on Lot
1) are prohibited.
T03URON TOWN COUNCIL. RESOLUTION NO. 09-2012 02/152012 5
EXHIBIT NO
9. Common private open space. In furtherance of Section 16- 21.040 (A) of the
Municipal Code, this Precise Development Plan approval establishes a
designation of "common private open space" for Lots A, B and C, and in
furtherance of Section 16- 21.030(D[31 of the Municipal Code, said Lots A, B, and
C shall be protected by open space, scenic, and/or resource conservation
easements to be offered for acceptance to the Town of Tiburon by separate
instrument as part of the final map application. Said easements (if accepted) shall
be recorded in conjunction with the recordation of the final map and their official
records reference shall be placed on the final map. Said easements shall
acknowledge, as necessary, any existing improvements (such as the three 19 foot -
high water storage tanks on Lot C), any 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 approval or permits issued in reliance
thereon. All easement or dedication documents associated with this Precise
Development Plan approval shall be reviewed and approved by the Town
Attorney and Director of Community Development prior to acceptance for filing
of any final map application.
10. Improvements Outside of Residential Use Area. In furtherance of Section 16-
21.040 (A) of the Municipal Code, no improvements of any type, including
fencing, shall be permitted on any lot outside of the approved RUA for each lot,
with the exception of driveways, retaining walls necessary to support driveways,
subdivision improvements and other improvements clearly contemplated by this
Precise Development Plan approval, including the project's mitigation measures.
11. Lot Areas Outside the RUA. In furtherance of Section 16- 21.030(D[3]) of the
Municipal Code, all portions of private lots outside the RUA shall be protected by
an open space easement or easements offered for acceptance to the Town of
Tiburon by separate instrument as part of the final map application. Said open
space easement or easements shall be recorded in conjunction with the recordation
of the final map and their official records reference shall be placed on the final
map. The open space easement limitations shall not apply to improvements clearly
contemplated in this Precise Development Plan, such as, without limitation, the
private roadways serving the subdivision; driveways, retaining walls necessary to
support driveways; utilities; landslide repair devices and re- vegetation; drainage
ditches; existing water tanks and other existing improvements, or other ancillary
improvements necessary for installation of the subdivision improvements.
12. Rabin Private Zone on Lot 1. In furtherance of Section 16- 21.030 (D[3]) of the
Municipal Code, the area designated as Rabin Private Zone on Lot 1 shall be
reserved for natural resource protection and scenic view preservation. A natural
resource protection and scenic view preservation easement shall be offered for
acceptance to the Town of Tiburon by separate instrument as part of the final map
TIBURON TOWN COUNCIL RESOLUTION NO. 09-2012 02/152012
nXHIFIT NO.
application. Said easement shall be recorded in conjunction with the recordation
of the final map and its official records reference shall be placed on the final map.
Said easement shall acknowledge, if necessary, any existing improvements, any
required roadway, drainage and/or utility easements and any landscape installation
(e.g. mitigation planting) and maintenance agreements that are required or
reasonably foreseeable in this Precise Development Plan approval.
13. Design Guidelines. All residential improvements constructed on the property
shall substantially conform to the Alta Robles Architectural Design Guidelines
dated 3/6/2007, as amended by this approval. Within ninety (90) days following
the effective date of this Resolution, said Guidelines shall be updated and revised
to reflect mitigation measures and conditions of approval herein to the satisfaction
of the Director of Community Development. Said guidelines shall also be part of
the draft CC &R's submitted for review and acceptance by the Town Attorney
with the tentative subdivision map application and shall be recorded in
conjunction with the final map.
14. House Designs and House Footprints. Individual house designs and house
footprints submitted for Site Plan and Architectural Review approval for Lots 2
through 14 shall be closely based on, and in exterior appearance shall resemble as
closely as possible, the homes as shown in the Alternative 6 drawings as approved
herein. It is the express intent of the Town Council that future amendments to the
adopted Precise Development Plan regarding exterior house design characteristics
(including footprint) be avoided to the maximum extent feasible through strict
adherence to the approved PDP drawings. In reviewing Site Plan and
Architectural Review applications, Town staff and the Design Review Board are
directed to disallow substantive exterior changes, except for a reduction in house
size and/or height, to the drawings approved herein, as being inconsistent with this
Precise Development Plan.
15. Colors and Materials. Colors and materials of homes and accessory buildings
and structures shall be low- reflectivity, medium and/or dark hues that minimize
contrast with surroundings and reduce visual impacts.
16. Retaining Walls and Screening. The appearance of any publicly- visible project
retaining walls (including debris catchment fences or walls) shown on the
subdivision improvement drawings in excess of forty -two (42) inches in height
shall be subject to review and approval by the Design Review Board (DRB) prior
to approval of said drawings. Where publicly visible, all subdivision
improvement - related retaining walls and bridge piers shall have the appearance of
rock, such as would be found native on the site, to provide a natural look, and
shall be medium to dark in color to reduce contrast. Any DRB approval shall
include appropriate landscape screening for such structures. Bonding or other
monetary security for the irrigation, maintenance and replacement of retaining
TBURON TOWN COUNCIL RESOLUTION NO. 09-2012 02/152012
EXHIBIT NO. ;L-
wall landscaping for the lifetime of the retaining walls shall be secured by the
Town prior to recordation of the final map. The amount of monetary security
shall be acceptable to the Director of Public Works and the terms of the
maintenance and replacement shall be acceptable to the Town Attorney.
17. Landscaping. Any disturbed open space areas shall be landscaped with native
plants immediately following the landslide repair and/or subdivision
improvement/home construction work. Additionally, all landslide repair areas
shall be hydro - seeded with native grasses following grading for dust control and
soil stability in accordance with geotechnical engineering recommendations. No
new landscaping or vegetation shall be planted on any private open space area
other than that approved as part of a detailed landscape plan and native plant
palette to be submitted with the tentative subdivision map application and
incorporated into the subdivision improvement drawings.
18. Landscape Transition. The Precise Development Plan landscape drawings for
the private lots shall be revised to require a gradual transition of landscaping
within the residential use areas from the suburban-type landscaping of the RUA to
the more natural- appearing vegetation found in the private open space portions of
lots and areas outside the residential use area.
19. Detailed Landscape Plan. A detailed landscape plan for the subdivision
improvement phase of the project shall be prepared as part of the subdivision
improvement drawing submittal and shall be reviewed and approved by the
Design Review Board. This landscape plan shall include removal of any
remaining invasive plant species; review of common area plantings, entry
landscaping, retaining wall screening, and any landscaping required in adopted
mitigation measures. Infrastructure and subdivision improvement- related
landscaping must be supported by a functional, reliable, and appropriate irrigation
system for which maintenance is guaranteed by the homeowner association.
Mechanisms shall be instituted in the CC &R's and/or elsewhere as appropriate
that provide the Town the right, but not the obligation, to compel maintenance of
such landscaping at homeowner association expense if deemed necessary by the
Town.
20. Tree Plan. A detailed Tree Protection and Replacement Plan shall be submitted
with the subdivision improvement drawings to set forth protection measures for
trees to be retained during project construction and to implement Mitigation
Measure 5.5 -5 and shall be reviewed and approved by the Director of Community
Development and Director of Public Works. Said Plan shall be subject to third
parry review by a professional biologist of the Town's choosing at the applicant's
sole expense.
TIBURON TOWN COUNCIL RESOLUTION NO. 09 -2012 02/15/2012
EXHIBIT NO.
21. Private Open Space Bollards. As described on p. 49 of the Alta Robles Draft
EIR, three -foot high permanent bollards with plaques shall be installed at intervals
of approximately 60 feet between the boundary of the residential use areas and the
private open space areas of each lot. Said bollards shall be maintained in good
condition at all times by the homeowner's association for the subdivision.
22. Roadway Lighting. If lighting is proposed for the project roadways, lighting
details shall be reviewed by the Design Review Board prior to the approval of
subdivision improvement drawings for the project. All roadway lighting shall be
shielded downlights to the satisfaction of the Design Review Board.
23. Restrictions and Agreements. Draft CC &R's, deed restrictions, and/or joint
maintenance agreements or other similar binding and recordable 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 ( "CC &Rs "). Said CC &Rs 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 CC &Rs shall contain, without limitation, provisions for ongoing
maintenance of the private roadway, common areas, ongoing maintenance of
drainage structures and facilities, ongoing maintenance and replacement of open -
space bollards, landslide mitigation structures, and ongoing removal of invasive
plant species (French broom, pampas grass, etc.) from the property, and shall be
recorded in conjunction with the final map. Said CC &Rs shall also include the
house design limitations set forth in Condition No. 14 and shall establish, to the
satisfaction of the Town Attorney, the property owner and/or homeowners
association for the Alta Robles subdivision as the primary and principal
enforcer(s) of said house design limitations, such that Precise Plan Amendment
requests to the Town of Tiburon regarding house designs or other lot development
parameters are limited to the maximum extent feasible
The CC &Rs shall grant to the Town of Tiburon the authority but not the
obligation to ensure that the provisions of the Precise Development Plan are
adhered to and implemented in an ongoing manner for the life of the subdivision.
The Town of Tiburon will be a third -party beneficiary with independent rights of
enforcement, as determined in the reasonable discretion of the Director of
Community Development and Town Attorney. The CC &R provisions pert aining
to the Precise Development Plan may not be amended without Town of Tiburon's
prior consent, and shall contain a separate clause to that effect.
24. Vehicular Access to Project. All vehicular access shall be from the primary
access road connecting to Paradise Drive near the northern edge of the property,
except as otherwise allowed by Condition No. 26 below. There shall be no
TBURON TOWN COUNCIL RESOLUTION NO. 09-2012 02/152012 9
EXHIBIT N0. -3-
vehicular access from Hacienda Drive except for emergency vehicle purposes.
25. Traffic Study at Project Entry. The certified EIR concluded that at present,
traffic speeds near the proposed project entry are such that adequate sight distance
would be achieved without additional mitigation. Applicant has agreed that this
situation could change prior to installation of the subdivision improvements at
some unknown future date, and that an updated study may reach a different
conclusion than was reached in the EIR. Applicant has therefore agreed that, not
more than ninety (90) days prior to submitting the final map application and
subdivision improvement drawings, applicant will retain a qualified traffic
consultant to perform a traffic study, at applicant's expense and to the Town
Engineer's specifications. The traffic stuffy will ascertain the average speed of
vehicles near the proposed project entry. The Town Engineer will determine, in
his sole discretion, whether the retaining wall and associated improvements set
forth in Mitigation Measure 5.1 -4 from the Draft EIR are required as mitigation at
that time, in which event such improvements must be installed. Mitigation
Measure 5.1 -7 shall be applied in any event.
26. Existing Project Entry. Upon completion of the improvements for this
subdivision, the existing access roadway leading from Paradise Drive to the
residence at 3825 Paradise Drive, located at the farthest eastward edge of the
property, shall be used for emergency vehicle and Lot 1 access only and shall be
secured and gated for that purpose to the satisfaction of the Town Engineer and
the Fire Marshal of the Tiburon Fire Protection District. This access point shall
not be used for project construction.
27. Public Recreational Trail. Applicant shall survey, design, and install a
traversable public access recreational trail within the easement immediately north
of Hacienda Drive. Said trail shall be designed as part of the subdivision
improvement drawings. The design shall include installation of six (6) foot -high
solid fencing at the northwestern edge of the trail nearest 139 Hacienda Drive that
will to the maximum extent feasible prevent trail users from approaching the
shared property line of that property with the Alta Robles property and thus
protect the privacy of occupants of 139 Hacienda Drive. Applicant- performed trail
work shall be done as part of the subdivision improvement phase of the project.
Alternatively, with Town Engineer consent, applicant may make a monetary
contribution to cover fully the Town's estimated reasonable costs of designing,
surveying and installing said path. If an in -lieu monetary contribution is proposed
instead of applicant installation, then said payment shall occur prior to recordation
of the final map. The amount of any monetary contribution shall be based on an
estimate by the Town Engineer. Notwithstanding this condition, Town and
applicant may agree to an earlier installation of the public path improvements by
separate agreement that would satisfy this condition.
TIBURON TOWN COUNCIL RESOLUTION NO. 09-2012 02/152012 10
EXHIBIT N0. 3-
28. Removal of Junk Materials. As part of the installation of the subdivision
improvements, applicant shall remove or replace dilapidated fencing and fence-
posts, and shall remove litter, garbage, and other junk materials from the entire
site.
29. Debris catchment fences. All proposed debris catchment fences and/or walls
shall be shown on the subdivision improvement drawings. Where such fences or
walls are proposed to be located in, or would require access through, sensitive
resource areas, alternative solutions shall be explored that would avoid to the
extent feasible impacts on sensitive resources.
30. Fire Access Easements. Fire apparatus access areas shown on Lot 1 shall be
shown as easements for emergency vehicle use and offered for dedication as such
on the final map to the satisfaction of the Town Engineer and Fire Marshal.
31. Construction Management Plan. The Construction Management Plan contained
in the March 2007 Alta Robles project submittal is illustrative only. A detailed
Construction Management Plan shall be prepared and submitted with the final
map application and subdivision improvement drawings for review and approval
by the Town Engineer and Director of Community Development. The
Construction Management Plan shall, without limitation, outline the sequence and
estimated timing of subdivision improvement installation; and shall
comprehensively address construction staging areas, construction parking,
materials storage, soil stockpiling, debris boxes, portable restrooms, and
protective fencing for the subdivision improvement installation phase of the
project. The Construction Management Plan shall specify an aggressive
subdivision improvement installation schedule. In no event shall installation
exceed a period of three (3) calendar years. No parking or staging of construction
vehicles shall be permitted along or adjacent to Paradise Drive.
32. Grading Period. 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.
33. Smoking. 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 the contract and
the construction documents for the contractor(s) performing the work.
34. Expiration. 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
TIBURON TOWN COUNCIL RESOLUTION NO. 09 -2012 02/152012 11
EXHIBIT N0._
Precise Development Plan, in which instance the Precise Development Plan shall
remain valid coterminous with the tentative map approval.
Section 3. Adoption of Mitigation Monitoring Program.
BE IT FURTHER RESOLVED that the Town Council hereby adopts a Mitigation
Monitoring Program (MMP) for the project, attached hereto as Exhibit B and incorporated
herein. Applicant shall bear all costs associated with implementation of the MMP.
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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on February 15, 2012 by the following vote:
AYES: COUNCILMEMBERS: Collins, Doyle, Fraser, Fredericks, O'Donnell
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JIM FRASER, MAYOR
Town of Tiburon
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachments: Exhibit A (Table of Floor Areas and Heights)
Exhibit B (Mitigation Monitoring Program)
TIBURON TOWN COUNCIL RESOLUTION NO. 09-2012
02/15nm2
12
EXHIBIT NO. -3--
PLANNING COMMISSION DRAFT MINUTES
MINUTES NO. 1050
October 22, 2014
Regular Meeting
Town of Tiburon Council Chambers
1505 Tiburon Boulevard, Tiburon, California
CALL TO ORDER AND ROLL CALL:
Chair Welner called the meeting to order at 7:30 p.m.
Present: Chair Welner, Vice Chair Kulik, Commissioners Corcoran and Williams
Absent: Commissioner Weller
Staff Present: Director of Community Development Anderson and Planning Manager Watrous
ORAL COMMUNICATIONS: None
COMMISSION AND STAFF BRIEFING:
Planning Manager Watrous reported that there will be a meeting on November 12, 2014 to
consider the conditional use permit for 110 Main Street. Director of Community Development
Anderson reported that Commissioner Williams had expressed interest in attending the Sonoma
State University's Planning Commissioner's Seminar later this year. He asked if any other
Commissioners wished to attend and they did not.
PUBLIC HEARINGS
1. 3825 PARADISE DRIVE (ALTA ROBLES PRECISE DEVELOPMENT PLAN):
Request for Time Extension for an Approved 14 -Unit Single - Family Residential Project on
approximately 52 Acres of Land; Planned Development #20; File #30701; Rabin Survivors
Trust and SODA, Owners and Applicants; Assessor's Parcel Nos. 039 - 301 -01 and 039 -021-
13
Mr. Watrous presented the staff report. He said that in 2012 the Town Council approved the Alta
Robles Precise Development Plan for 14 single family residential lots on 52.2 acres. The ere is a
condition of approval stating that the Precise Development Plan would be valid for 36 months
and would expire unless a time extension is granted or a tentative map has been approved. As the
applicants have not yet obtained their tentative map, the applicants requested an 18 -month time
extension.
Mr. Watrous stated that a time extension is regulated under the Tiburon Zoning Ordinance which
states that the permit holder shall submit sufficient evidence to the Town to deterrnine whether
good cause for an extension exists. He said that the applicants have indicated that these delays
TIBURON DRAFT PLANNING COMMISSION MINUTES - OCTOBER 22, 2014 -MINUTES NO. 1050 PAGE 1
EXHIBIT 1�a 4' -
are due to several reasons beyond their control and intend to file the tentative map application by
the end of this year. He said that staff was not aware of any change in circumstances for the
property or surroundings that would argue against granting such an extension and he
recommended that the Commission hold the public hearing, hear and consider all testimony and
adopt the attached resolution recommending approval of the 18 -month time extension to the
Town Council.
Commissioner Williams asked whether the factors in determining whether or not good cause
exists were in the zoning ordinance. Mr. Watrous said that the thresholds have been a matter of
policy.
Chair Welner opened the public hearing.
Daniel Rabin, applicant, thanked the Commission and staff for working with them and said that
they were requesting a time extension to file the tentative map application for the Alta Robles
project. He said that his family remains excited and determined to see this project through to its
completion. He said that soon after the plan's passage, his father was diagnosed with terminal
cancer and they did not make the progress they had hoped to achieve. He said that it took them
time to settle his father's estate and generally adjust to their loss. He stated that they are now
refocused and would like the tentative map phase of the project completed as quickly as possible.
He said that they look forward to building the project and asked that the Commission grant the
extension.
Scott Hochstrasser, planning consultant working with the Rabin family, reiterated the hurdles
faced by the family summarized in the staff report. He noted that they had to go through an
annexation process which they have completed with LAFCO and that they must coordinate and
consult with state and federal agencies on some of the biological mitigations. He stated that they
hope to file the tentative map application prior to the Council's action on the time extension
request.
Chair Welner closed the public hearing.
Commissioner Corcoran stated that this project is incredibly complex and took years to process.
In light of Mr. Rabin's untimely passing after approval of the project and given the criteria the
Town has used in determining whether to grant such an extension, he supported the request.
Commissioner Williams said that she found that there were compelling circumstances that
warrant an extension and there was certainly evidence to proceed with the project. She confirmed
with staff that there have been no substantial changes to Town policies and regulations since
2012. She noted that a comprehensive EIR analyzed impacts on Paradise Drive and bicyclists,
and although she appreciated that there may have been an increase in the number of bicyclists,
she had not seen evidence that there has been a significant increase or that this was a change of
circumstances. She thought that an extension was warranted under the circumstances.
TIBURON DRAFT PLANNING COMMISSION MINUTES - OCTOBER 22, 2014 - MINUTES NO. 1050 PAGE 2
EXH1F31T INO, 4
Vice Chair Kulik echoed the comments of the other Commissioners and said that the reasons for
the request were compelling. He expressed his sympathy for the family's loss and supported the
time extension.
Chair Weiner concurred with the Commissioners' views.
ACTION: It was M/S (Corcoran/Williams) to adopt the resolution recommending approval of
the 18 -month time extension to the Town Council. Motion carried: 4 -0.
2. 215 SLACKFIELD DRIVE: Periodic Review of a Conditional Use Permit to Operate a
Synagogue and Appurtenant Day School; File #1004; Congregation Kol Shofar, Owner and
Applicant; Assessor's Parcel No. 038- 351 -34
Mr. Watrous presented the staff report. He stated that the Town Council approval in 2007
specified a review process for the CUP which was modified last year by the Commission to
require annual review of the permit. He noted that monitoring of the High Holy Days which
occurred on September 24, 2014 indicated that everything ran smoothly, with parking and traffic
levels slightly lower than last year. He said that staff finds that the synagogue and day school
seem to be operating in substantial compliance with their CUP. He noted that Kol Shofar has
submitted a CUP application to amend certain other requirements of the CUP which involve
amending regulations regarding the member sponsored events, the courtyard use, parking
limitations, management and lighting, and the neighborhood advisory committee. He stated that
staff is in the process of preparing the CEQA documents for this application, which will be
presented for separate review and consideration in the future by the Planning Commission and
that the Planning Commission should not comment this evening. He recommended that the
Commission take testimony on the item, close the hearing and conclude that Kol Shofar is in
substantial compliance with its CUP.
Vice Chair Kulik said that last year there was some neighbor concern about vegetation and
landscaping, and he confirmed with staff that there were no complaints received from neighbors
this year.
Chair Weiner opened the public hearing.
Joshua Steinhauer, Kol Shofar, thanked the Commission and staff and said that everything has
gone very smoothly again this year. He stated that all operations have been well within the use
permit requirements and within their capacity limits. He introduced their new President, Steven
Tulsky, and Executive Director Nancy Drapin who were available for questions.
Chair Weiner closed the public hearing.
Vice Chair Kulik stated that there were no complaints from the neighborhood and he found the
congregation to be in substantial compliance with its CUP.
TIBURON DRAFT PLANNING COMMISSION MINUTES - OCTOBER 22, 2014 - MINUTES NO. 1050 PAGE 3
Dan Watrous
From: Mark H Goldstein [mgoldstein @gmail.com]
Sent: Thursday, October 09, 2014 4:59 PM
To: Dan Watrous
Subject: Rabin Property Extension (formal letter)
Tiburon Planning Commission
Re: Rabin Time Extension
Mark Goldstein here, resident at 3650 Paradise
Commission
I remain opposed to the large scope of this project as I attended every meeting a few years back in protest, with many other residents, but alas as we were in the midst of a housing
recession, the Commission choose to approve the projecl despite Its massive scope, clearly questionable economic chance of success and 'green' claims.
Speakers claimed more din Is going to have to be moved to accommodate this project than any other construction pmject in the history of Tiburon.
Well, here we are a few years later and surprise ... the project obviously remains a mismatch or it would have been built.
Why would The Commission grant a time extension when the'economic merits' of the project have disappeared,
I believe the situation has changed in the past 2 -3 years since approval and wanted to insure my point is considered and discussed.
The amount of bike traffic down Tiburon Blvd has increased well over 20D% in the past 3 years. I counted 2500 bikes past my house pest Saturday on Paradise Drive which is considered
a one of our few gem rides In Merin County.
I believe the scope of this project (during and after construction) is completely inconsistent with the amount of bike traffic and would like the commission to consider requiring the developer,
In return for an extension, to expand Paradise Drive to 2 lanes going south (or adding one big wide additional cycling [me) from Trestle Glen to the project enhance. 1 simply don't see
Paradise Drive handling the new Iregic, construction and increased #s of cyclists going forward without sure death and/or injuries as a result.
The Malin Bicycle Coalition got Involved with the Martha Project and was influential and my question is are you going to rubber stamp the extension when we all know that the property Is
appropriate for 3-4 homes not the 14 approved?
Mark
Mark H Goldstein
415- 902 - 1048 -c
follow me @MgkFee & facebook.com /goldstein
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