HomeMy WebLinkAboutTC Res 1995-07-05 (4)
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RESOLUTION NO. 3101
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON
APPROVING AN AMENDMENT OF THE FRAIGE PRECISE PLAN (PD #31)
TO MODIFY HEIGHT LIMITATIONS AND ADJUST THE BUILDING
ENVELOPE FOR PARCEL 2 OF THE DEVELOPMENT
ASSESSOR PARCEL NOS. 58-111-25 THROUGH 28
WHEREAS, the Town Council of the Town of Tiburon does resolve as
follows:
Section 1. Findinl!s.
A. On September 19, 1984, the Tiburon Town Council approved a Master Plan,
Precise Plan and Tentative Map for the Fraige subdivision. The Precise Plan
established development parameters (including primary building envelopes
and maximum house sizes) for three single family building sites.
B. On January 10, 1990, the Planning Commission amended the Precise Plan
approval in conjunction with a time extension for the tentative map.
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C.
On April 19, 1995, the Tiburon Town Council adopted Resolution No. 3087
approving an amendment to the Precise Plan which modified the building
envelope locations and imposed special height restrictions on the portions of
the building envelopes which were modified.
D. The Town has received and considered an application filed by Monahan
Pacific to further amend the Fraige Precise Plan to modify the special height
limit imposed in Resolution No. 3087, further modify the building envelope
for Parcel 2, and increase the allowable house size for all three parcels. The
application consists of the following:
1. Application form received 5/3/95
2. Letter from Monahan Pacific dated 6/21/95
3. Site Plan and Sections, Sheets SP, SP-l, and SP-2, prepared by the
Bradley Group dated 6/22/95
4. Roadway Grading Plan prepared by J.L Engineering revised 6-19-95
The official record for this project is hereby incorporated and made part of
this resolntion. The record includes the StatT Reports, minutes, application
materials, and all comments and materials received at the public hearings.
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Tiburon Town Council Resolution No. 3101
7/5/95
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E.
The Planning Commission held a duly-noticed public hearing on June 28,
1995, and heard and considered testimony from interested persons. The
Planning Commission adopted Resolution No. 95-13 recommending approval
of the requested building envelope adjustment for Parcel 2; recommending
approval with modifications of the request to adjust the height limits on
Parcels 1 and 2; and recommending denial of the requested house size limit
increases on all three parcels.
F. The Town Council has found the modifications recommended by the
Planning Commission represent reasonable limitations on the development of
the property, in keeping with the pattern of development in the surrounding
neighborhood. The Council further finds that the amendments, as
conditioned, will not adversely affect other properties in the vicinity.
G.
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The Town Council finds that the applicant's request to increase the allowable
house size limit for residences in the project would have a negative visual
impact on adjacent properties by increasing the mass and visible bulk ofthe
structures. The proposed house sizes are substantially larger than existing
houses in the immediate vicinity, including the new residence at 211 Round
Hill Road. The Town Council further finds that the applicant has provided
no compelling reason to approve larger house sizes for the project, nor
demonstrated any benefit to the public health, safety, or general welfare to
warrant a change to the zoning restrictions properly placed on the project by
the Town.
H. The Town Council has found that the project is exempt from the
requirements of the California Environmental Quality Act per Section 15303
of the CEQA Guidelines.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town ofTiburon does hereby approve an amendment of the Precise Development
Plan for the Fraige subdivision as follows:
1. The Precise Plan for the Fraige subdivision shall be amended to modify the
building envelope for Lot 2 as shown on the Site Plan prepared by the
Bradley Group (Sheet SP) dated 6-22-95. This amendment would provide a
more regular relationship between the building envelope and the edge of the
driveway turnaround.
2. Condition #3 of Town Council Resolution No. 3087 shall be revised to read:
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Tiburon Town Council Resolution No. 3101
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"3.
All structures, or portions of structures, constructed within those
portions of the building envelopes for Parcels 1 and 2, as modified by
this amendment, which are outside of the envelopes as originally
approved and shown on the recorded parcel map for the subdivision,
shall be limited to 20 feet in height as measured from existing grade
along the uphill edge of the building envelope and extending
horizontally across the area of restricted height. At no point shall any
structure exceed 30 feet above existing grade. This height limitation
is indicated on the attached Exhibit A. No flat roofs shall be
permitted within the restricted height area."
3. References to a 15' height limit contained in Condition #1 of Town Council
Resolution No. 3087 shall be changed to reflect a 20' height limit.
4. The building envelope for Parcel 3 is recognized to be that shown on Sheet
SP prepared by the Bradley Group dated 6/22/95. This reflects the envelope
approved by the Town Council in Resolution No. 3087. No changes to this
envelope are contemplated by this amendment.
5.
Unless specifically stated in this approval, this amendment does not otherwise
alTect any specific provisions of the Master Plan, Precise Plan, Parcel Map,
Subdivision Improvement Plans, Subdivision Improvement Agreement, Road
Maintenance Agreement, Planning Commission Resolution 477-90, Town
Council Resolution No. 3087, or other approved instruments or Town
approvals associated with the subdivision project.
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PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council
on July 5, 1995, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Ginalski, Nygren, Thayer & Wolf
COUNCILMEMBERS: None
COUNCILMEMBERS: Thompson
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Tiburon Town Council Resolution No. 3101
7/5/95
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