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Town Council Resolution No. 25-2023 Page 1 of 4
05/22/2023
RESOLUTION NO. 25-2023
A RESOLUTION OF THE TOWN OF TIBURON, TOWN COUNCIL CERTIFYING THE
FINAL ENVIRONMENTAL IMPACT REPORT FOR THE TOWN OF TIBURON
GENERAL PLAN 2040 , ADOPTING CEQA FINDINGS OF FACT, ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING THE
MITIGATION MONITORING AND REPORTING PROGRAM
WHEREAS, the Town of Tiburon (the “Town”) proposes the Tiburon General Plan 2040 (the
“Project” or the “General Plan 2040”), a comprehensive update to the Town’s existing General Plan,
adopted in 2005 with subsequent amendments; and
WHEREAS, the Project is subject to the California Environmental Quality Act (“CEQA”) (Public
Resources Code Sections 21000, et seq.) and the State CEQA guidelines (California Code of
Regulations, Title 14, Division 6, Chapter 3, Sections 15000, et seq.); and
WHEREAS, pursuant to CEQA Section 21067, and section 15367 of the State CEQA Guidelines,
the Town of Tiburon is the lead agency for the proposed Project; and
WHEREAS, in accordance with CEQA and the State CEQA Guidelines, the Town determined that
a Programmatic Environmental Impact Report (“EIR”) should be prepared in order to analyze all
potential adverse environmental impacts that could potentially result from the adoption and
implementation of the proposed General Plan Update; and
WHEREAS, in accordance with State CEQA Guidelines Section 15082, on October 21, 2022, the
Town sent to the Office of Planning and Research (“OPR”) and circulated to the public and local and
state agencies a Notice of Preparation (“NOP”) stating that an EIR would be prepared; and
WHEREAS, pursuant to CEQA Section 21083.9 and State CEQA Guidelines Sections 15082(c) and
15083, the Town held a duly noticed Scoping Meeting on October 27, 2022, to solicit comments on
the scope of the environmental review of the proposed Project; and
WHEREAS, the Town, based on the responses to the NOP, comments received at the Scoping
Meeting, the requirements of CEQA, and the CEQA Guidelines, prepared a Draft Environmental
Impact Report (“Draft EIR”) analyzing and disclosing the potential environmental impacts of the
Project; and
WHEREAS, the Draft EIR concluded that the proposed Project would result in significant and
unavoidable impacts relating to Air Quality, Greenhouse Gas Emissions, Transportation, and
Utilities and Service Systems; and
WHEREAS, in accordance with State CEQA Guidelines Section 15085, a Notice of Completion
(“NOC”) was prepared and filed with OPR on March 16, 2023; and
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Town Council Resolution No. 25-2023 Page 2 of 4
05/22/2023
WHEREAS, as required by State CEQA Guidelines Section 15087(a), the Town provided Notice
of Availability of the Draft EIR (“NOA”) to the public at the same time that the Town sent the NOC
to OPR, on March 16, 2023; and
WHEREAS, pursuant to State CEQA Guidelines Section 15087(e), the Draft EIR was circulated for
at least a 45-day public review and comment period from March 16, 2023 to May 1, 2023; and
WHEREAS, during the public comment period, copies of the EIR and technical appendices were
available for review and inspection at Town Hall and on the Town’s website; and
WHEREAS, during the public review and comment period, the Town consulted with and requested
comments from all responsible and trustee agencies, other regulatory agencies, and others pursuant
to State CEQA Guidelines Section 15086, and the Town received sixty-eight (68) comment letters
on the Draft EIR; and
WHEREAS, the Town has prepared a Final EIR, dated May 5, 2023 incorporating the Draft EIR,
containing a response to comments section providing written responses to all comments received
during the public review period for the Draft EIR, and minor revisions in the form of an Errata; such
responses and edits provide the Town’s good faith, reasoned analysis of the environmental issues
raised by the comments; and
WHEREAS, pursuant to CEQA Section 21092.5, the Town provided copies of its responses to
commenting public agencies on the Draft EIR at least ten (10) days prior to the Town’s consideration
of the Final EIR on May 5, 2023 and
WHEREAS, in accordance with CEQA Section 21092, a “Notice of Public Hearing” was published
in the ARK on May 10, 2023, and was posted at Town Hall; and to individuals who had previously
filed written request for such notice; and
WHEREAS, the Project, as disclosed in the Final EIR, would have significant effects on the
environment and approval of the Project must include findings as set forth in Exhibit 3 to the staff
report; and
WHEREAS, some of the significant environmental effects of the Project cannot be reduced to a less
than significant level; accordingly, approval of the Project must include findings regarding the
alternative project scenarios analyzed in the EIR and a Statement of Overriding Considerations, as
set forth in Exhibit 3 to the staff report; and
WHEREAS, the “EIR” consists of the Final EIR, the Draft EIR and its appendices (as modified by
the Final EIR); and
WHEREAS, all potentially significant adverse environmental impacts were sufficiently analyzed in
the EIR; and
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05/22/2023
WHEREAS, all of the requirements of CEQA and the State CEQA Guidelines have been satisfied
by the Town in connection with the preparation of the EIR, which is sufficiently detailed so that all
of the potentially significant environmental effects of the Project have been adequately evaluated;
and
WHEREAS, the Planning Commission held a public hearing on May 10, 2023 to consider and
receive public testimony on the Final EIR and adopted Resolution No. 2023-003 recommending the
Town Council certify the Final EIR, make CEQA Findings of Fact, adopt a Statement of Overriding
Considerations, and adopt a Mitigation Monitoring and Reporting Program, and consider adoption
of Alternative #3 therein as the preferred alternative; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
TIBURON:
SECTION 1. The foregoing recitals are true and correct, and they are hereby incorporated by
reference into this Resolution.
SECTION 2. An Environmental Impact Report (EIR) was prepared to analyze and disclose any and
all potential environmental impacts associated with the proposed project, meeting and satisfying all
requirements of CEQA and the State CEQA guidelines which is sufficiently detained so that all of
the significant environmental effects of the project have been adequately evaluated.
SECTION 3. The Town Council hereby finds that it has been presented with the EIR, which it has
reviewed and considered, and further finds that the EIR is an accurate and objective statement of the
Project that has been completed in full compliance with CEQA and the State CEQA Guidelines. The
Town Council also finds that the EIR reflects the independent judgment and analysis of the Town.
The Town Council also finds that no evidence of new significant impacts or any new information of
“substantial importance” as defined by State CEQA Guidelines section 15088.5, has been received
by the Town after circulation of the Draft EIR that would require recirculation of the EIR.
SECTION 4. Based upon the entire record before it, including the EIR, CEQA Findings of Fact and
Statement of Overriding Considerations, and all written and oral evidence presented, the Town
Council:
1. Certifies the Final Environmental Impact Report and adopts the CEQA findings of fact for the
General Plan 2040 and the Statement of Overriding Considerations attached hereto as
EXHIBIT A; and
2. Adopts the Mitigation Monitoring Reporting Program for the Town of Tiburon General Plan
Update attached hereto as Exhibit B; and
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Town Council Resolution No. 25-2023 Page 4 of 4
05/22/2023
* * * * * * * * * *
I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution duly adopted by
the Town of Tiburon at a Special Meeting of the Town Council held on the 22nd day of May, 2023,
by the following vote:
AYES: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: One Vacant Seat
_________________________________
JACK RYAN, MAYOR TOWN OF TIBURON ATTEST:
_________________________________
LEA DILENA, TOWN CLERK
EXHIBITS
EXHIBIT A – Final EIR, CEQA findings of fact for the General Plan 2040 and the Statement of
Overriding Considerations
(Final EIR by hyperlink https://www.townoftiburon.org/DocumentCenter/View/3987/Final-EIR)
(CEQA Findings of facts for the General Plan 2040 and Statement of Overriding Considerations (by
hyperlink https://www.townoftiburon.org/DocumentCenter/View/3982/Statement-of-Overriding-
Consideration)
EXHIBIT B - Mitigation Monitoring Reporting Program for the Town of Tiburon General Plan
Update (Chapter 4.0 in the Final EIR by hyperlink
https://www.townoftiburon.org/DocumentCenter/View/3987/Final-EIR)
DocuSign Envelope ID: F950815E-0D7C-4ADF-A963-AD01B7F88549