The URL can be used to link to this page

Home My WebLink AboutTC Res 1995-05-03 t " l RESOLUTION NO. 3113 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE CmRlAN SUBDIVISION PRECISE PLAN TO ALLOW A SECONDARY BUILDING ENVELOPE ON LOT 2 (4 CmRlAN DRIVE) ASSESSOR PARCEL NO. 38-011-27 WHEREAS, the Town Council of the Town ofTiburon does resolve as follows: Section.1. Findings. A On January 21, 1981, the Tiburon Town Council approved a Precise Plan for the Cibrian subdivision (Resolution 1133). The Precise Plan established development parameters (including primary building envelopes) for 11 single family lots. B. On June 28, 1984, the Tiburon Town Council amended the Cibrian Precise Plan to create secondary building envelopes on seven of the eleven lots in the subdivision. Lots 1,2,4, and 10 did not receive secondary building envelopes. C. On February 20, 1991, the Tiburon Town Council approved a secondary building envelope for Lot 1 of the subdivision, noting that the circumstances of the lot had changed since 1984. D. The Town has received an application filed by Lawrence and Lacy Lang to amend the Cibrian Precise Plan to establish a secondary building envelope on lot #2 (4 Cibrian Drive). The application consists of the following: 1. Application form received 9/14/94 2. Area Plan by Nero Associates received 10/18/94 3. Partial Topography by Steve Jacobs received 10/18/94 E. The Planning Commission considered the proposed amendment at a duly-noticed public hearing on January 25, 1995. The Planning Commission heard and considered testimony from interested persons. The Planning Commission found that the applicant's desire to construct a swimming pool was not a compelling reason to amend the established Precise Development Plan, especially in light of possible geotechnical constraints on the lot. The Planning Commission denied the Precise Plan Amendment request. Tiburon Town Council Resolution No. 3113 1 513/95 t' " I F. On February 2, 1995, the applicants filed an appeal of the Planning Commission's decision to deny the Precise Plan amendment request. The Town Council heard the appeal on March I, 1995. At that meeting the Council was presented with additional information regarding the geological conditions of the site. The Council remanded the project back to the Planning Commission to allow the Commission to consider this additional information. G. The Planning Commission held additional hearings on the proposal on April 12 and April 26, 1995. At the April 12th hearing the applicant presented a letter listing a number of conditions that he was willing to meet to reduce the potential impacts of the project on downhill neighbors. H. The Planning Commission adopted Resolution 95-05 on April 26, 1995, which recommends that the Town Council approve the proposed Precise Plan Amendment subject to certain conditions. I. The Town Council, in its review of the project, has found the following: 1. That circumstances have changed since 1984 in that other homes in the subdivision have been built so that potential view blockage may be better assessed, and the former fire road along the rear portion of this lot no longer exists nor is needed by the Fire District. 2. There is insufficient room within the existing primary building envelope for construction of improvements such as a swimming pool. 3. Creation of the secondary envelope will not have significant impacts on adjacent properties in that: a. Rear yard setbacks of 65-95 feet would be maintained and existing vegetation on downslope properties provides excellent visual screening. b. The secondary envelope will be limited to the construction of a swimming pool, safety fencing, on-grade decking, and pool equipment only. No other structures are allowed by this approval. 4. That reasonable safeguards exist and will be implemented to provide downslope neighbors with a reasonable level of safety against structural or slope failure associated with any future pools. 5. That the granting ofa secondary envelope for swimming pool use only would not be a granting of special privilege to this property not enjoyed by most other properties in the area. Tiburon Town Council Resolution No. 3113 5/3195 2 ~ " I 6. That the creation of a secondary building envelope is consistent with the Tiburon General Plan, the Tiburon Zoning Ordinance, and the Cibrian Master Plan and Precise Plan, as amended. 7. That the project is categorically exempt from the requirements ofCEQA per Section 15305 of the CEQA Guidelines. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve an amendment of the Precise Plan for the Cibrian subdivision as follows: 1. The Precise Plan for the Cibrian subdivision is amended to establish a secondary building envelope on lot 2 (4 Cibrian Drive) toward the rear of the lot as shown on the plans prepared by Nero Architects and Jacobs Land Surveying received by the Town on 10-18- 94. 2. Any development in the secondary building envelope shall secure Site Plan and Architectural Review approval as required by the Tiburon Zoning Ordinance. 3. The secondary envelope boundary shall not encroach into the Sanitary Sewer easement located between said envelope and the residence on the lot. 4. The secondary envelope shall be limited to the construction of a swimming pool, safety fencing not to exceed the minimum height required by code, on-grade decking, and pool equipment only. No accessory structures such as cabanas or other buildings shall be allowed. Pool equipment shall be located on the north side of the pool. 5. Engineering details of any structural improvements, including potential impacts on the existing drainage system, shall be reviewed and approved by the Town Engineer prior to construction. These include, but are not limited to, the following: a. The design of the pool, or any other structures in the secondary envelope, shall be based on an accurate topographic map. b. All structural items shall be designed by a licensed structural engineer. Tiburon Town Council Resolution No. 3113 513195 3 C' " l c. A detailed drainage plan shall be required. The downhill properties should be protected. d. A geotechnical engineer shall certify that the swimming pool plans comply with his requirements. e. The applicant shall secure grading permits for the existing graded pad. The applicant shall provide evidence to the satisfaction of the Town Engineer and Building Official that the pad has been designed and constructed in accordance with proper engineering practices. 6. In order to minimize the impacts of the proposed pool on downhill neighbors, the following parameters are established for its construction: a. The pool shall be limited in size to 16'x 36' b. No diving boards shall be permitted c. The pool shall be limited to two underwater lights or the minimum required by Code, whichever is more. d. Outdoor lighting shall be limited to the minimum required by the building code (UBC), except as may have been approved by the Design Review Board prior to the approval of this Precise Plan Amendment. e. Landscaping shall be installed along the outside of all fencing to soften and screen views of the fencing from neighboring properties. ( No decking shall be constructed or cantilevered over any slopes. g. No import or export of soil shall be allowed for the pool construction. 7. This amendment does not otherwise affect any specific provisions of Town Council Resolution #1133. Tiburon Town Council Resolution No. 3113 513195 4 t'. ~ I r"' PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon on May 3, 1995, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ATTEST' fJr.L DIANE L. CRANE, TOWN CLERK Tiburon Town Council Resolution No. 3113 513195 Ginalski, Nygren, Thayer, Thompson, Wolf None U2LlU!-eJXrk~ ANDREW THOMPSON, MAY~ 5