HomeMy WebLinkAboutTC Res 33-2024TIBURON TOWN COUNCIL RESOLUTION NO. 33-2024 SEPTEMBER 18, 2024 1
RESOLUTION NO. 33-2024 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE PERINI PHASE II PRECISE PLAN (PD #16)
TO MODIFY THE BUILDING ENVELOPE ON PROPERTY AT 15 TURTLE ROCK COURT (LOT 19) ASSESSOR PARCEL NO. 034-380-12 WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section 1. Findings.
A. On March 4, 2024, the Town received and considered a Precise Development Plan Amendment application (PDPA2024-001) filed by Simon and Emilie Baker for an amendment to the Perini Phase II Precise Development Plan (PD #16) to modify the building
envelope at 15 Turtle Rock Court (Lot 19). The application consists of the following:
1. Application form and supplemental materials, dated March 4, 2024; and 2. Overall Site Plan – Building Envelope, prepared by Munselle Civil Engineering, received on March 4, 2024
3. Project Narrative dated March 1, 2024
4. Letters from neighbors expressing “no objection” B. On June 26, 2024, the Planning Commission held a duly-noticed public hearing, the Planning Commission determined that the project is exempt from the requirements of the California
Environmental Quality Act per Sections 15305 of the CEQA Guidelines and recommended
approval of the precise development plan amendment modifying the building envelope at 15 Turtle Rock Court (Lot 19) to the Town Council. C. The Town Council finds that the project is exempt from the requirements of the California
Environmental Quality Act per Sections 15305 of the CEQA Guidelines.
D. The Town Council finds based upon application materials and analysis presented in the September 4, 2024 Staff Report and testimony received from the applicant, that the project is consistent with the intent of the Perini Phase II Precise Development Plan.
F. The Town Council has considered the principles to be applied in making a determination to approve, deny or modify an application for precise development plan approval as contained in TMC Section 16-52.060.E and finds that the proposed amendment is consistent with these principles as outlined below:
1. Significant open space shall be permanently preserved, through dedication or other means
acceptable to the town, consistent with policies of the general plan open space and conservation element.
No changes are proposed to the permanent open space established as part of the Perini
Subdivision, therefore, the proposed amendment would maintain the permanent open space
established as part of the Perini Subdivision. In addition, the property owner has committed
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TIBURON TOWN COUNCIL RESOLUTION NO. 33-2024 SEPTEMBER 18, 2024 2
to removing the existing encroachment of the existing sport court and retaining walls from Open Space Parcel ‘B’, thereby further ensuring increased permanent open space.
2. Preservation of the natural features of the land shall be achieved to the maximum extent feasible through minimization of grading and sensitive site design. Features worthy of preservation include ridgelines, prominent knolls, desirable native vegetation, trees,
significant rock outcroppings, watercourses, and riparian corridors.
Natural features such as ridgelines, rock outcroppings, water courses would not be adversely affected by the amendment because the subject property is a downslope lot located below the ridgeline and it does not contain any natural features of significance. Furthermore, as
conditioned, existing encroachments into Open Space Parcel ‘B’ would be removed, thereby
improving the natural features of the open space parcel and ensuring future preservation.
3. Slopes created by grading should not exceed thirty percent. Final contours and slopes should reflect natural land features.
The project site is a steep downslope property. The PDP amendment to modify the building
envelope would not require any grading, therefore no slopes exceeding thirty percent will be
created. Any slopes created by future grading shall not exceed 30%.
4. Every reasonable effort shall be made to preserve principal vistas, viewpoints, view corridors, mature trees, rare plants, significant native flora and fauna, areas of historical significance, access corridors, and habitats of endangered species.
The proposed modification to the building envelope would occur on the lower, less visible portion of the property and would not create view or privacy impacts for neighboring properties. No principal vistas, view corridors or significant native flora or fauna will be affected. In the future, improvements proposed within the newly created building envelope
would be subject to the Town’s design review process.
5. Location of development well below ridgelines shall be achieved, in compliance with the
general plan and other town policies.
The proposed modification to the building envelope would occur on the lower, less visible portion of the property, well below the ridgelines at higher elevations. Furthermore, no
development is proposed in connection to the building envelope amendment.
6. Prominence of development and construction should be minimized by appropriate location of grading and placing of buildings in order to screen by wooded areas, rock outcroppings and depressions in topography or other features.
The proposed modification to the building envelope would occur on the lower, less visible
portion of the property. Future improvements proposed within the newly created building envelope would not be in a prominent location and would be screened by topography, trees and other features.
7. Due consideration shall be given to avoid, eliminate or reduce areas posing geologic and
non-geologic hazards.
The original Perini Phase II PDP and Subdivision included several conditions of approval to reduce hazards, including extensive landslide repair, erosion control, and drainage improvements that were constructed as part of the subdivision improvements. The subdivider
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TIBURON TOWN COUNCIL RESOLUTION NO. 33-2024 SEPTEMBER 18, 2024 3
was also required to complete extensive off-site drainage improvements to improve pre-existing drainage problems in the Belveron subdivision and to mitigate potential impacts from increased runoff. Future grading or development within the modified building envelope is subject to the requirements of the Town Building Official and/or Town Engineer.
8. Minimization of significant adverse impacts, as detailed in the environmental impact
report, if one is required.
The environmental impact report (EIR) prepared for the Perini Master Plan and Subdivision identified several mitigation measures that were implemented to minimize significant adverse impacts. These mitigation measures were adopted as conditions of the Perini Master
Plan, Subdivision Map, and Precise Development Plan and implemented as part of the
subdivision improvements and on-going maintenance requirements. No additional mitigation is required to minimize significant adverse impacts because no new impacts would result from this Precise Development Plan amendment, and the severity of impacts identified in the EIR would not change.
9. Roads shall be designed for minimum slopes, grading, cutbacks and fill. Narrowing of
roadways may be allowed to reduce grading, retaining walls, and other scarring of the
land.
No new roads or changes to existing roads would result from this project.
10. Proposed arrangement of residential units and design of circulation system shall provide
harmonious transition from and be compatible with neighboring development and open
space. Monotony in design, and massive or inordinately large or bulky structures and site coverage that overwhelm or that are inconsistent with the surrounding area, shall be avoided.
The proposed modification to the building envelope would be compatible with neighboring
development and open space. Any future improvements proposed within the newly created building envelope would be subject to the Town’s Design Review process and must be found consistent with the Town’s Hillside Design Guidelines that address the design, mass and bulk of proposed structures.
11. Adequate consideration shall be given to the need for appropriate privacy between
residential units and other uses. Design shall ensure minimum visual and aural intrusion
into indoor and outdoor living areas from adjacent living areas.
The modified building envelope would maintain adequate separation and privacy to ensure minimal visual and aural intrusion from adjacent living areas because the building envelope
would maintain the same setback (more than 200 feet) from the nearest Belveron lots. Existing vegetation and fencing will also provide some visual buffer and privacy. The building envelope and any future improvements within the building envelope, such as a pool, would be located more than 60 feet from the Lot 21 (23 Turtle Rock Court) and Lot 22 (25
Turtle Rock Court) located west of Open Space Parcel B, therefore maintaining appropriate
privacy between residential units and ensuring minimum visual and aural intrusion into indoor and outdoor living areas.
12. Improvements shall be placed so as to minimize intrusion of noise on nearby areas.
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TIBURON TOWN COUNCIL RESOLUTION NO. 33-2024 SEPTEMBER 18, 2024 4
The modified building envelope would maintain adequate distance to minimize intrusion of noise on nearby areas because the building envelope would maintain the same setback (more than 200 feet) from the nearest Belveron lots and would be located more than 60 feet from the Lot 21 (23 Turtle Rock Court) and Lot 22 (25 Turtle Rock Court) located west of Open
Space Parcel B.
13. Landscaping shall be designed so as to result in the least possible disturbance of natural
and/or open areas and shall be compatible with the natural setting. Consideration shall be given to fire protection, water conservation, protection of views and trail areas, and buffering of noise.
The modified building envelope would be compatible with the overall natural setting of the
neighborhood and would not result in disturbance of any natural or open space areas because it would be located within a portion of the property that has been previously disturbed, with little vegetation, and no longer in its natural state. No landscaping is proposed as part of this amendment and any future installation of landscaping shall be
consistent with Perini Phase II PDP, and shall meet Fire District (fire protection), MMWD (water conservation), and Town requirements. In addition, the property owner has committed to removing the encroachment of the existing sport court and retaining walls from Open Space Parcel ‘B’, which would help preserve the open space setting of the neighborhood.
14. Utilities shall be underground and streetlights, if needed, shall be of low intensity and
low in profile.
The proposed amendment does not require or involve installation of utilities or streetlights. Any new or future development or utility installation shall be subject to the Town’s
undergrounding requirements.
15. Materials and colors used in improvements shall blend into the natural environment to
the extent reasonably possible.
The proposed amendment does not propose any new structures or improvements. Any future construction within the modified building envelope shall be subject to the Town’s
Design Review Process and guiding principles, which encourage exterior finishes that are
harmonious with existing development in the vicinity and will not be in stark contrast with its surroundings.
16. Consistency with other goals and policies of the general plan elements shall be demonstrated.
The proposed project has been reviewed for consistency with the Tiburon General Plan. The following general plan policies are applicable to the PDP amendment:
Land Use Element Policy LU-6 Residential Neighborhoods: Maintain and enhance the residential character of neighborhoods. Require that new development, remodels, and additions be of a scale, intensity and design that integrates with the immediate
neighborhood and natural surroundings.
Land Use Element Policy LU-7 View Preservation: Minimize the reduction of views, privacy, and solar access for neighboring properties. Locate and limit the height of
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TIBURON TOWN COUNCIL RESOLUTION NO. 33-2024 SEPTEMBER 18, 2024 5
new development and associated landscaping to interfere minimally with existing primary views.
The proposed amendment is consistent with the General Plan and with the intent of the Perini Phase II PDP to retain the open visual appearance of the site and minimize impacts on adjacent properties. The amendment does not propose any new structures or improvements.
Any improvements within the newly created building envelope would be subject to the Town’s design review process. The modified building envelope would not interfere with primary views of neighboring properties and would be consistent with the residential character of the surrounding neighborhood.
G. The proposed amendment is consistent with the intent of the Perini Phase II PDP to retain the open visual appearance of the site. The proposed modification to the building envelope would not create view or privacy impacts for neighboring properties and would be consistent with the development standards and setbacks of the surrounding neighborhood.
Improvements proposed within the newly created building envelope would be subject to the
Town’s design review process. Section 2. Recommendation for Approval.
NOW, THEREFORE, BE IT RESOLVED that the Town Council approves the precise
development plan amendment modifying the building envelope at 15 Turtle Rock Court (Lot 19) to the Town Council, subject to the conditions contained in Attachment 1. PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on September
18, 2024 by the following vote:
AYES: COUNCILMEMBERS: Fredericks, Nikfar, Thier, Welner NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Ryan
_______________________________
ALICE FREDERICKS, MAYOR TOWN OF TIBURON
ATTEST:
_________________________________ LEA DILENA, TOWN CLERK
Attachment 1: Conditions of Approval
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ATTACHMENT 1
CONDITIONS OF APPROVAL
PDPA2024-001
AMENDMENT TO THE PERINI PHASE II PRECISE PLAN (PD #16)
15 TURTLE ROCK COURT (LOT 19); ASSESSOR PARCEL NO. 034-380-12
1. The building envelope for the property at 15 Turtle Rock Court shall be amended as reflected on the drawings labeled ‘Overall Site Plan – Building Envelope’, prepared by Munselle Civil Engineering, received on March 4, 2024. 2. This Precise Plan Amendment approval shall be valid for 36 months following its effective date and shall expire unless subsequent Design Review 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 Perini Phase II Precise Development Plan not specifically modified herein. 4. Consistent with Condition #12 of the resolution approving the Perini Phase II
Precise Development Plan, “no improvements of any type, including fences, temporary or otherwise, shall be permitted outside the approved building envelope, except driveways, retaining walls associated with driveways or which support driveways and decks”. 5. Prior to the issuance of building permits for any improvements on the property
except for emergency repairs, the applicant shall submit and receive approval of plans to remove the Sport Court and associated retaining walls that extend beyond the west property line into the Open Space Parcel ‘B’. Removal of these improvements shall be completed prior to final inspection of any new site improvements on the property.
6. If this approval is challenged by a third party, the property owner/applicant will be responsible for defending against this challenge. The property owner/applicant agrees to defend, indemnify and hold the Town of Tiburon harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney’s fees that might result from the third-party
challenge.
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