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Home My WebLink AboutTC Res 1998-09-16 (4) / I -- RESOLUTION NO. 3299 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A NEGATIVE DECLARATION AND UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF AN AMENDMENT TO RESOLUTION NO. 2818 REGARDING THE POINT TIBURON (NORTHWESTERN PACIFIC) PRECISE PLAN (PD#42) WHEREAS, the Town Council of the Town ofTiburon does resolve as follows: WHEREAS, in 1979, the Town adopted Ordinance No. 219 N.S. approving the Northwestern Pacific Master Plan, which established a maximum of273,600 square feet of development on approximately 38 acres ofland owned by the Northwestern Pacific Railroad Company. The square footage was the maximum allowed at that time under the Tiburon General Plan. In 1980, the Town adopted a Precise Plan for the property by passing Resolution No. 1090; and WHEREAS, in 1983, the Town adopted Resolution No. 2168 amending the aforesaid Precise Plan. This amendment also specified a maximum of 273,600 square feet of development for the total project, now commonly known as, and hereafter referred to, as "Point Tiburon"; and WHEREAS, in 1989, the Town ofTiburon amended its General Plan such that additional I""" square footage up to a maximum of281,400 square feet could be allowed within the Point Tiburon project; and WHEREAS, in 1991, the Town adopted Resolution No. 2818 amending the aforesaid Precise Plan by increasing the amount of rentable commercial square footage to 22,647 and increasing the total allowable square footage to 274,248; and WHEREAS, Town of Tiburon is in receipt ofan application to amend the aforesaid Precise Plan by allowing an additional 4,852 square feet of office area in the project through installation of second floor improvements in the existing commercial building located at 1701- 1751 Tiburon Boulevard, said application being contained within File #39805; and WHEREAS, the project is subject to the California Environmental Quality Act (CEQA) and in July, 1998, the Tiburon Planning Department Staff prepared an Initial Study for the project, which determined that there was no potentially significant environmental effects related to the project; and WHEREAS, the Tiburon Planning Department determined that based upon the Initial Study, a Negative Declaration was required for the project pursuant to CEQA; and - Tibmon Town Council Resolution No. 3299 9/16/98 1 . I"'" WHEREAS, in July 1998, a Draft Negative Declaration was completed and Notices of such were posted, mailed, and advertised in the ARK newspaper to announce a 21-day public review period for review and comment on the Initial Study/Draft Negative Declaration; and WHEREAS, a notice of the public hearing on the Draft Negative Declaration and the project plans was also posted, mailed, and published in the ARK newspaper; and WHEREAS, folIowing closure of the 21-day public review period on August 5, 1998, the Planning Commission conducted a public hearing on August 12, 1998 to receive public testimony on the Draft Negative Declaration and project plans; and WHEREAS, the Planning Commission, following the public hearing, voted 4-0 to deny the application; and WHEREAS, applicant filed a timely appeal of the Planning Commission's decision on August 20, 1998; and WHEREAS, the Town Council held a public hearing on September 2, 1998, heard and considered all public testimony on the matter, reviewed and considered the information contained in the Initial Study and the Draft Negative Declaration, any and all comments and responses thereto, and reviewed and considered the entire record on appeal from the Planning Commission's decision; and I""" WHEREAS, following the close of the public hearing, the Town Council voted 4-0 (Thompson recused) to direct Staff to prepare a resolution adopting the negative declaration and approving the project subject to specified conditions to be imposed at the subsequent conditional use permit phase of review. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby make the folIowing findings: 1. Notice ofthe public review period and hearing on the Negative Declaration was given as required by law and said hearing was conducted pursuant to Sections 15073 and 15074 of the State CEQA Guidelines and pursuant to provisions of the Town's Local CEQA Guidelines. 2. All individuals and groups desiring to comment on the Negative Declaration were given the opportunity to address the Planning Commission and Town Council. 3. The Negative Declaration for the project consists of the Initial Study document dated July, 1998, the Negative Declaration form, and any supporting information which may be referenced therein. r" Tiburon Town Council Resolution No. 3299 9/16/98 2 -- r- 4. The Negative Declaration was completed in compliance with the intent and requirements of CEQA, the State CEQA Guidelines, and the Town's Local CEQA Guidelines. . 5. The Town Council has found that there is no substantial evidence in the record sufficient to support a fair argument that the project will have a significant unmitigated impact on the environment. 6. The Town Council has found that the project is consistent with the goals and policies of the Tiburon General Plan; is in conformance with standards and regulations of the Tiburon Zoning Ordinance; and is consistent with other provisions of the Point Tiburon Master Plan and Point Tiburon Precise Plan, as set forth and documented in the Staff Reports dated August 6, 1998 and August 26, 1998. NOW, THEREFORE BE IT FURTHER RESOLVED that the Town Council of the Town ofTiburon does hereby: 1. Uphold the appeal of the Planning Commission's denial. 2. Adopt the Negative Declaration for the project. 3. Approve the Point Tiburon (Northwestern Pacific) Precise Plan amendment by amending Resolution No, 2818 as follows: I""" A. Section Lb. of Resolution No. 2818 is amended to read as follows: "A maximum of27, 500 square feet of rentable commercial (plaza) square footage, exclusive of public bathroom, garbage collection areas, and storage. The commercial space shall be available for retail, office, and/or other commercial community serving use, provided that second floor space shall be for office use only." B. Section 1.c. of Resolution No. 2818 is amended to read as follows: "The total square footage of the project shall not exceed the 280,600 square feet estimated by the Town to exist within the Point Tiburon project area. 4. Di~ect that the following conditions be imposed on the subsequent conditional use permit which must be issued prior to installation of the second floor improvements at 1701-1751 Tiburon Boulevard: A. The second floor area of the building at 1701-1751 Tiburon Boulevard shall be limited to low intensity office use, defined as no more than 3 persons per 1,000 square feet of gross floor area and requiring a low volume of client visits. - Tiburon Town COlIDCil Resolution No. 3299 9/16/98 3 ,...... - - J'" B. Applicant (plaza owner) shall reach a reasonable resolution to the Bayside Condominium entrance problem, including cost -sharing arrangements . associated with physical improvements such as gates or signage. The physical improvements shall be installed prior to occupancy of the second floor offices. C. The current practice ofissuing all employees of businesses in the Point Tiburon Plaza full time parking passes shall continue indefinitely. D. The above conditions shall be considered as an integral part of said subsequent conditional use permit, and not an integral part of the Point Tiburon Precise Plan. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 16, 1998, by the following vote: AYES: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews NOES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: (RECUSED) Thompson l!:::rJ::!!~ TOWN OF TmURON ~ - L. ~OWNCLERK 39805tc.res Tiburon Town Council Resolution No. 3299 9/16/98 4