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HomeMy WebLinkAbout609_N.S._202_Trestle_Glen_Terrace_GP_Amendment Tiburon Town Council Ordinance No. 609 N.S. Page 1 of 3 ORDINANCE NO. 609 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF TITLE IV, CHAPTER 16 OF THE TIBURON MUNICIPAL CODE BY AMENDING SECTION 16-14 (ZONING MAP) WHEREAS, on March 5, 2023, the Town received applications filed by Mark and Ambar Corbridge for amendments to the general plan land use and zoning designations of the 11,700 square foot portion of the property at 202 Trestle Glen Terrace (File Nos. GP 2022-001 & ZO 2022-001); and WHEREAS, the proposed Zoning Map amendment was prepared in accordance with applicable statutory requirements taking into account public comment and required consistency with the Tiburon General Plan 2040; and WHEREAS, the Planning Commission conducted a duly noticed public hearing at a regular meeting on December 11, 2024, considered any testimony received during the public hearing, and adopted Resolution No. 2024-012 recommending to the Town Council approval of the zoning map amendment to be made to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code; and WHEREAS, on January 15, 2025, the Town Council held a duly noticed public hearing and has heard and considered all public testimony on the proposed Ordinance; and WHEREAS, the Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed; and WHEREAS, the Town Council has found that the amendment made by this Ordinance is consistent with the goals and polices of the Tiburon General Plan 2040 and other adopted ordinances and regulations of the Town of Tiburon, and further the intent and purposes of General Plan goals and policies. NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Tiburon finds: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. The change of zone, change of zone boundaries, or other proposed amendment, is consistent with the requirements herein. The rezoned property would be subject to the development standards applicable to the R-1 zoning district, as contained in the Town’s Zoning Code, which are the same standards applicable to the surrounding residential R-1 neighborhood. In addition, any new improvements within the rezoned property would be subject to the Town’s design review process and guiding principles for residential development. 3. The change of zone, change of zone boundaries, or other proposed amendment, is consistent with the general plan and any other applicable plans of the town. The proposed zoning amendment has been reviewed for consistency with the Tiburon General Plan, including the following general plan land use policies that are particularly relevant: Docusign Envelope ID: E7C63ECA-2402-4EDC-881D-174B2D38ED8C Tiburon Town Council Ordinance No. 609 N.S. Page 2 of 3 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 new development and associated landscaping to interfere minimally with existing primary views. The amendment is consistent with the residential character of the surrounding neighborhood because any new improvements or development within the rezoned property would be subject to the development standards applicable to the R-1 zoning district, as contained in the Town’s Zoning Code, which are the same standards applicable to the surrounding residential R-1 neighborhood. In addition, any new improvements within the rezoned property would be subject to the Town’s design review process and guiding principles for residential development. Furthermore, any new improvements or future development on the subject parcel will require consistency with the private view easement established in 2018. Therefore, approval of the amendment would not interfere with primary views of neighboring properties and would be consistent with the residential character of the surrounding neighborhood. 4. The change of zone, change of zone boundaries, or other proposed amendment, will not be detrimental to the public health, safety, or welfare of the town. The amendment is consistent with general plan policies related to public health and safety and any new improvements or development within the rezoned property would be subject to the development standards applicable to the R-1 zoning district, all other requirements of the TMC, and all requirements of the Uniform Building Code (UBC) as adopted by the town. An Initial Study was prepared in compliance with the California Environmental Quality Act (CEQA), which concludes that all potential impacts of the project would be less-than-significant. The Initial Study and Negative Declaration was made available for public review at Town Hall and on the Town’s, website beginning November 20, 2024. The Initial Study/Negative Declaration was adopted by the Town Council on January 15, 2025. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT TO SECTION 16-14 (ZONING MAP) Tiburon Municipal Code Title IV, Chapter 16, Section 16-14 (Zoning Map) is hereby amended as shown on attached Exhibit A. SECTION 2. SEVERABILITY If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, Docusign Envelope ID: E7C63ECA-2402-4EDC-881D-174B2D38ED8C Tiburon Town Council Ordinance No. 609 N.S. Page 3 of 3 subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect 30 days after its passage and adoption pursuant to California Government Code Section 36937. Before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation in the Town of Tiburon. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on January 15, 2025, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on February 5, 2025 by the following vote: AYES: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Nikfar _______________________________ HOLLI P. THIER, MAYOR TOWN OF TIBURON ATTEST: ______________________________ LEA DILENA, TOWN CLERK Docusign Envelope ID: E7C63ECA-2402-4EDC-881D-174B2D38ED8C 202 – Trestle Glen General Plan Map 202 Trestle Glen Zoning Map General Plan Map Legend Planned Development Residential Medium High Density Residential Parks and Recreation Zoning Map Legend Residential Planned Single Family Residential Parks and Recreation Docusign Envelope ID: E7C63ECA-2402-4EDC-881D-174B2D38ED8C