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HomeMy WebLinkAboutTC Res 2015-09-02RECORDING REQUESTED, RETURN TO: TIBURON TOWN CLERK 1505 TIBURON BOULEVARD TIBURON, CA 94920 Record without fee per G.C. 27383 RESOLUTION NO. 34-2015 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON RESCINDING RESOLUTION NO. 31-2015 AND APPROVING AN AMENDMENT TO THE TIBURON SHORES PRECISE PLAN (PD #28) TO EXPAND THE PRIMARY BUILDING ENVELOPE ON PROPERTY AT 25 GILMARTIN DRIVE (LOT 3) ASSESSOR PARCEL NO. 055-253-30 WHEREAS, on July 8, 2015, the Planning Commission held a public hearing to consider the approval of an amendment to the Tiburon Shores Precise Plan (PD #28) to expand the primary building envelope at 25 Gilmartin Drive (Lot 3); and WHEREAS, after receiving public testimony and considering the application (File # PDPA2015002) at that hearing, the Planning Commission adopted Resolution No. 2015-05 recommending to the Town Council that the precise plan amendment be approved; and WHEREAS, on August 19, 2015, the Town Council held a public hearing on this application approved the precise plan amendment application by adopting Resolution No. 31-2015; and WHEREAS, is was subsequently discovered that a noticing error had occurred and staff determined that the prior Town Council action was invalid absent a properly - noticed public hearing; and WHEREAS, the Town Council held a duly -noticed public hearing on the application on September 2, 2015 and after hearing all testimony and reviewing all documents in the record, the Town Council concurred with the findings made by the Planning Commission and found that the proposed precise plan amendment to expand the primary building envelope for the property at 25 Gilmartin Drive (Lot 3) would be consistent with the overall intention of the Tiburon Shores Precise Plan and the policies contained within the Tiburon General Plan; and WHEREAS, the Town Council finds that the project is exempt from the requirements of the California Environmental Quality Act per Section 15303 of the CEQA Guidelines. TIBURON TOWN COUNCIL RESOLUTION NO. 34-2015 September 2, 2015 NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the requested amendment to the Tiburon Shores Precise Plan, subject to the following conditions: 1. The expanded building envelope for the property at 25 Gilmartin Drive shall be amended as reflected on the drawing prepared by Mohamad Sadrieh, received July 8, 2015. Said drawing is on file with the Town of Tiburon Planning Division in File #PDPA2015002 of Planned Development No. 28, 25 Gilmartin Drive. 2. This approval shall be valid for 36 months following its effective date, and shall expire unless subsequent zoning and/or building permits have been issued pursuant to this approval. A time extension may be granted if such request is filed prior to the expiration date. 3. This approval shall in no way alter other provisions of the Tiburon Shores Precise Plan not specifically modified herein. BE IT FURTHER RESOLVED that Town Council Resolution No. 31-2015, adopted August 19, 2015, is hereby rescinded. PASSED AND ADOPTED at a regular meeting of the Town Council on September 2, 2015, by the following vote: AYES: Doyle, Fraser, Fredericks, O'Donnell, Tollini NAYS: None ABSENT: None ATTEST: DIANE CRANE lA'OPI, TOWN CLERK TIBURON TOWN COUNCIL FRANK X. DOYLE, MAYO TOWN OF TIBURON RESOLUTION NO. 34-2015 September 2, 2015 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 v. we we we we we A we w< w< o+.t wCrcit."-, wc� We -se we w< at wt/w• v t we/ZA1 - v. w .teternefiRC ci. .< w w ..we Q. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of) _ 6/ 0,6 a ,Taco) /?4 //6/c Her Insert Name and Title of the Officer personally appeared 1ri?A'a( - ill Name(s)Signer(s) On j4 t • 3i 2.0 /r Date before me, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are- subscribed to the within instrument and acknowledged to me that he/shett rey executed the same in his/herAheir authorized capacity(ies), and that by his/faerheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DIANE CRANE IACOPI . fit:` _ Commission 2026625 -�p.Notary Public - California �. -pj Marin County Comm. Expires May 31.2017 Place Notary Seal Above WITNESS my handra+ official -al Signatureii/9 f ota Signature o ry Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docunmentprec reµ op Title or Type of Document: i -v /`%p' ' � ��� u Document Date: / - �` 5 Number of Pages: at NI%igner(s) Other Than Named Above: Capacity(ies) CI ed by Signer() Signer's Name: 4,(L X, d�`�( ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator V Other: A/4 -V° 41 Signer Is Representifig: 71 G1/ a 7-74140A/ Signer's Name: ❑ Corporate Officer — Title(s): El Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: e/O`e b e/ b 8' -e/y.7g„/ -ei 'nib e/O.eB eA, sn_. •er •t/ b e'4\er e/ N. e'• -e/ of -'b •'b d d V ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 RECORDING REQUESTED, RETURN TO: TIBURON TOWN CLERK 1505 TIBURON BOULEVARD TIBURON, CA 94920 Record without fee per G.C. 27383 RESOLUTION NO. 34-2015 II IIII IIIIIIIIIIIIIIIIIIIIIIIIIIII 111III 2015-0045986 Recorded Official Records County of Marin RICHARD H. DEIISOII Assessor -Recorder County Clerk 12:15PII 23 -Sep -2015 REC FEE 0.00 JII Page'1 of 3 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON RESCINDING RESOLUTION NO. 31-2015 AND APPROVING AN AMENDMENT TO THE TIBURON SHORES PRECISE PLAN (PD #28) TO EXPAND THE PRIMARY BUILDING ENVELOPE ON PROPERTY AT 25 GILMARTIN DRIVE (LOT 3) ASSESSOR PARCEL NO. 055-253-30 WHEREAS, on July 8, 2015, the Planning Commission held a public hearing to consider the approval of an amendment to the Tiburon Shores Precise Plan (PD #28) to expand the primary building envelope at 25 Gilmartin Drive (Lot 3); and WHEREAS, after receiving public testimony and considering the application (File # PDPA2015002) at that hearing, the Planning Commission adopted Resolution No. 2015-05 recommending to the Town Council that the precise plan amendment be approved; and WHEREAS, on August 19, 2015, the Town Council held a public hearing on this application approved the precise plan amendment application by adopting Resolution No. 31-2015; and WHEREAS, is was subsequently discovered that a noticing error had occurred and staff determined that the prior Town Council action was invalid absent a properly - noticed public hearing; and WHEREAS, the Town Council held a duly -noticed public hearing on the application on September 2, 2015 and after hearing all testimony and reviewing all documents in the record, the Town Council concurred with the findings made by the Planning Commission and found that the proposed precise plan amendment to expand the primary building envelope for the property at 25 Gilmartin Drive (Lot 3) would be consistent with the overall intention of the Tiburon Shores Precise Plan and the policies contained within the Tiburon General Plan; and WHEREAS, the Town Council finds that the project is exempt from the requirements of the California Environmental Quality Act per Section 15303 of the CEQA Guidelines. TIBURON TOWN COUNCIL RESOLUTION NO. 34-2015 September 2, 2015 NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the requested amendment to the Tiburon Shores Precise Plan, subject to the following conditions: 1. The expanded building envelope for the property at 25 Gilmartin Drive shall be amended as reflected on the drawing prepared by Mohamad Sadrieh, received July 8, 2015. Said drawing is on file with the Town of Tiburon Planning Division in File #PDPA2015002 of Planned Development No. 28, 25 Gilmartin Drive. 2. This approval shall be valid for 36 months following its effective date, and shall expire unless subsequent zoning and/or building permits have been issued pursuant to this approval. A time extension may be granted if such request is filed prior to the expiration date. 3. This approval shall in no way alter other provisions of the Tiburon Shores Precise Plan not specifically modified herein. BE IT FURTHER RESOLVED that Town Council Resolution No. 31-2015, adopted August 19, 2015, is hereby rescinded. PASSED AND ADOPTED at a regular meeting of the Town Council on September 2, 2015, by the following vote: AYES: Doyle, Fraser, Fredericks, O'Donnell, Tollini NAYS: None ABSENT: None ATTEST: DIANE CRANE 'OPI, TOWN CLERK TIBURON TOWN COUNCIL FRANK X. DOYLE, MAYO TOWN OF TIBURON RESOLUTION NO. 34-2015 September 2, 2015 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 e. 9 . 9.. Vf V.- A• 91- v. G\t 9¼ 9¼ 9¼. 9¼www 9� A q- A' A At 9, 9, A• Vl'. R W Ss Vs. Vs S. - A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ,��] ^ l County of J�' f A4-I�V) . on S1 3; ZcJ/S� Date personally appeared before me, 7 / (%4/(c , �Her Insert Name and Title of the (gffrcer Name(s) off Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are- subscribed to the within instrument and acknowledged to me that he/shetttrey executed the same in his/Ihe'their authorized capacity(ics), and that by his/her/tileir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DIANE CRANE IACOPI Commission • 2028625 Notary Public - California Marin County Comm. Expires May 31, 2017 Place Notary Seal Above WITNESS myhand official -al Signature Signature of ota ry Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document •4i #DSS z�- 3D � /-"e( Title or Type of Document:itesDocument Date: Number of Pages: al- Ni igner(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: +tom-( k' e Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator Other: _/j/%4 -V0 ❑ Other: Signer Is Representlhg: 711/.I" %7t(460/ Signer Is Representing: ❑ Corporate Officer — Title(s): N _ .-d. 6, - - d at 6' 61 e,.. d' d •6' '6' 6/. d. d. 6" N, N. L.. ,y. 45, H ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907