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HomeMy WebLinkAboutTC Res 1998-05-20 (6) , r"' RESOLUTION NO. 3278 A RESOLUTION OF THE TmURON TOWN COUNCIL APPROVING A SETTLEMENT AGREEMENT AND TENTATIVE SUBDIVISION MAP APPLICATION (FILE NO. 69602) FOR PROPERTY LOCATED AT 885 B, C & D TmURON BOULEY ARD ASSESSOR PARCEL NO. 55-261-11 WHEREAS, the Tiburon Town Council does resolve as follows: Section 1. Findings. A. The Town of Tiburon has received an application for a Tentative Subdivision Map to subdivide a 0.95 acre property into 3 lots at 885 B, C & D Tiburon Boulevard. Said application consists of File No. 69602. B. An initial study had been prepared for this proj ect. This initial study was circulated for review from February 14, 1997 to March 12, 1997, in conformance with the requirements of the California Environmental Quality Act. '., C. The Planning Commission held duly-noticed public hearings on April 9, 1997, and May 14, 1997, and heard and considered testimony from interested persons. On May 28, 1997, the Planning Commission adopted Resolution No 97-11 denying this project. The Mitigated Negative Declaration was not acted upon at that time. I"" D. The applicant subsequently appealed the Planning Commission's decision to the Town Council. On August 6, 1997, the Town Council held a duly-noticed public hearing and heard and considered testimony from interested persons. On August 14, 1997, the Town Council adopted Resolution No. 3239 denying the appeal and upholding the Planning Commission's denial of the project. The Mitigated Negative Declaration was not acted upon at that time. E. The applicants subsequently filed a lawsuit against the Town attempting to compel the Town to approve the project. The Town and applicant have engaged in settlement talks for the purpose of resolving the litigation through a settlement agreement allowing a conditioned approval of the Tentative Subdivision Map. F. The Town Council held duly-noticed public hearings on May 6 & 20, 1998 to consider the settlement agreement, the Tentative Subdivision Map and adoption of the Mitigated Negative Declaration for the project, and heard and considered testimony from interested persons. - Tiburon Town Council Resolution No. 3278 May 20. 1998 ,-..., G. The Town Council finds that the proposed project is consistent with the Tiburon Subdivision Ordinance based on the following factual analysis as required by Section 14- 3.6 of the Tiburon Municipal Code, which sets forth these principles to be evaluated in the review of applications for Tentative Subdivision Maps: a. Plan Consistency. The proposed map is consistent with the General Plan policies which state that resubdivision oflots shall be discouraged unless acceptable access can be readily provided and the proposed density is compatible with the surrounding pattern of development. The conversion of the duplex to a single- family dwelling, and the future construction of a single-family dwelling on Lot 3, would result in no increase in the number of dwelling units which utilize the existing access from Tiburon Boulevard. The access to lot 3 would be further improved when development occurs on the undeveloped parcel to the north of the site, at which time access to Lot 3 will be restricted to a connection with Stony Hill Road. The conversion of the duplex to a single-family dwelling would keep the future density of the property at its current levels, which is compatible with the development pattern of the parcels to the south and west of this site. b. Design or Improvement. The design of this subdivision, and the conversion of the duplex to a single-family home, results in a density for the site which is consistent with the Medium High Density Residential land use designation contained within the Land Use Element of the Tiburon General Plan. I""" c. Type of Development. The location of the building envelope for the proposed Lot 3 is situated in a location best suited to minimize view and privacy impacts on surrounding homes. The slope of the site will support access which is acceptable to the Tiburon Fire Protection District for purposes of public safety access. d. Densitv of Development. The conversion of the duplex to a single-family dwelling would keep the future density of the property at its current levels. e. Fish or Wildlife. The biological study prepared for this site, included in the Draft Negative Declaration, found no endangered wildlife or vegetation on the site, and the project is therefore unlikely to cause substantial environmental damage to these resources. f. Public Health. The design of the proposed subdivision has no characteristics that would cause significant public health problems. g. Access. The access to the proposed Lot 3 would utilize an existing access easement leading to Tiburon Boulevard. Future access to Stony Hill Road would utilize an existing access easement across the currently undeveloped parcel to the north. The subdivision would not conflict with other access easements in the area. - Tiburon Town Council Resolution No. 3278 May 20, 1998 2 r"' h. Dedications. There are no land or improvements which are proposed to be dedicated to the Town as part of this project. I. Discharge of Waste. The proposed house on Lot 3 would be required to hook up to a sewer system, in conformance with the requirements of the Regional Water Quality Control Board. Sanitary District No.5 of Marin County would require more information regarding the private sewer line that this house would hook up to before permits for this connection can be issued. J. Regional Housing Needs. The subdivision of this property to allow the construction of a new single-family home would be compatible with the need to construct additional housing within the South Marin region. Section 2. Aoproval of Settlement Agreement. NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the settlement agreement (attached as Exhibit A) resolving the lawsuit of Power VS, Town of Tiburon. Section 3. Aooroval of Tentative Subdivision Mao and Mitigation Monitoring ProlZfam. I""" NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town ofTiburon does hereby approve Tentative Subdivision Map application #69602 and the Mitigation Monitoring Program (attached as Exhibit B) subject to the conditions and requirements set forth within the settlement agreement and as follows: Engineering and Improvements 1. The Tentative Subdivision Map is approved as shown on the Lot Lines and Details Plan dated May 7, 1997 (one page) prepared by Bracken & Keane, said drawing being on file with the Tiburon Planning Department. 2. All improvements shown on the Tentative Map and all requirements of the Town Engineer shall be performed prior to the approval of the Parcel Map. Provision of all essential utilities to the site shall be demonstrated to the satisfaction of the Town Engineer prior to approval of the Parcel Map. 3. All utilities serving the subdivision shall be placed underground. 4. Prior to approval of the Parcel Map, a deposit shall be posted to the satisfaction of the Town Engineer to ensure that curb and gutter or other street damage occurring during the course of earthwork, construction, or other activity will.be repaired. - 5. All engineering requirements and standards, including but not limited to drainage, Tiburon Town Council Resolution No. 3278 May 20, 1998 3 r"' dust control, erosion control and winterization, soils stabilization, construction criteria, and grading shall be subject to review by the Town Engineer. 6. Recommendations of the geotechnical investigation and drainage study performed for the property shall be implemented for construction of any improvements on the property. Affected Agencies 7. All requirements of the Tiburon Fire District shall be met prior to approval of the Parcel Map. Applicant shall provide a letter from the Fire District to that effect. 8. Domestic water shal1 be supplied by the Marin Municipal Water District. A letter from the District confirming the availability of water service to the newly created lots shall be required prior to the issuance of building permits for the property. 9. Connection of the newly created lots to the Sanitary District No.5 is required. All requirements of the District shall be met. Planning Department Conditions 10. Any residential improvements on the property shall be subject to Site Plan and Architectural Review approval by the Town. I""" 11. Park and recreation in-lieu fees, as required by Town Ordinance shall be paid prior the approval of the Parcel Map. 12. This Tentative Map shall be valid for three years and shall expire and become null and void unless a Parcel Map is approved and recorded, or unless a time extension is granted. · PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on May 20, 1998, by the following vote: AYES: NOES: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Bach, Gram, Matthews, Thompson None H~ S 7J!~<J-S HARRY . MATTHEWS, MAYOR TOWN OF TmURON AITEST~ _ DIANE L. CRANE, TOWN CLERK - Tiburon Town Council Resolution No. 3278 May 20,1998 4