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Home My WebLink AboutTC Res 1997-07-02 (5) RESOLUTION NO. 3228 ,-... A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TmURON CERTIFYING A MmGATED NEGATIVE DECLARATION FOR THE GENERAL PLAN AMENDMENT, REZONING AND DENSITY BONUS FOR THE FORMER TIBURON TOWN HALL PROPERTY (1155 TIBURON BOULEVARD) WHEREAS, the sale of a portion of the former Town HaIl property, and its use for a senior housing project was approved by Tiburon voters in June 1995 through the initiative process; and WHEREAS, the long-term proposed use of the property is for construction of an up to 25-unit senior housing facility on approximately 1.5 acres ofland located at 1155 Tiburon Boulevard (portion of58-151-23); and WHEREAS, a general plan amendment, rezoning and density bonus are all prerequisites for a 25-unit residential senior housing project to be built on the site. r- WHEREAS, in May 1997, the Tiburon Planning Department Staff prepared an Initial Study for the project, along with a draft Mitigation Monitoring and Reporting Program (MMRP), which determined that there was no potentially significant environmental effects related to the project which could not be mitigated through modification of the project and through mitigation measures adopted as conditions of approval for the project; and WHEREAS, the Town ofTiburon, as applicant, has agreed in writing to incorporate the specified mitigation measures into the design and approval of the project; and WHEREAS, the Tiburon Planning Department determined that based upon the Initial Study, a Mitigated Negative Declaration was required for the project pursuant to CEQA; and WHEREAS, in May 1997, a Draft Mitigated Negative Declaration was completed and Notices of such were posted, mailed, and advertised in the Ark newspaper to announce a 3D-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 Mitigated Negative Declaration and the project applications was also posted, mailed, and published in the Ark newspaper; and "'"' Tiburon Town Council Resolution No. 3228 Page 1 " WHEREAS, following closure ofthe 30-day public review period on June 9, 1997, the Planning Commission conducted a public hearing on June 11, 1997 to receive public testimony on the Draft Mitigated Negative Declaration and project applications; and WHEREAS, the Planning Commission has reviewed and considered the information contained in the Initial Study and the Draft Mitigated Negative Declaration, and any and all comments and responses thereto. The Planning Commission voted to recommend that the Town Council approve the Mitigated Negative Declaration; and WHEREAS, the Town Council conducted a public hearing on July 2, 1997 to receive public testimony on the Draft Mitigated Negative Declaration and project applications; and WHEREAS, the Town Council, has reviewed and considered the information contained in the Initial Study and the Draft Mitigated Negative Declaration, and any and all comments and responses thereto, and has considered the recommendations of the Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby make the following findings: 1. Notice of the public review period and hearing on the Mitigated 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 Mitigated Negative Declaration were given the opportunity to address the Town Council. 3. The Mitigated Negative Declaration for the project consists of the Initial Study document dated May 1997, the Negative Declaration form and Mitigation Monitoring and Reporting Program (MMRP), and any supporting information which may be referenced therein. 4. The Mitigated 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. r-., Tiburon Town Council Resolution No. 3228 Page 2 r-. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Council hereby approves the Mitigated Negative Declaration and adopts the MMRP for the project as complete and adequate for the purposes of approving the project, subject to the implementation of mitigation measures as outlined in attached Exhibit "A", Mitigation Monitoring and Reporting Program. BE IT FURTHER RESOLVED that the Planning Director is directed to file the Mitigated Negative Declaration with the Marin County Clerk within five (5) working days of the project approval. PASSED AND ADOPTED at a regular meeting of the Town Council held on July 2, 1997, by the following vote: AYES: COUNCILMEMBERS: Ginalski, Hennessy, Thayer, Thompson & Wolf NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEl\1BERS: None ~, Yr;~tI{- THERESE M. HENNESSY, MAY TOWN OF TffiURON r' DI CLERK "'"' Tiburon Town Council Resolution No. 3228 Page 3 EXHIBIT "An /"' MITIGATION MONITORING PROGRAM NED'S WAY SENIOR HOUSING PROJECT GENERAL PLAN AMENDMENT, REZONING AND LOT SPLIT FILE # GPA96-01; R96-01, 69604 GEOLOGIC PROBLEMS Mitip'stion Measure 3.1 Any future site development shall be required to comply with all applicable seism to UBC. Non-Compliance Sanction: No issuance of building permit if plans do not conform to UBC; no final inspection/occupancy permit of not constructed according to plans; halt construction; fines. Mitipstion Mes!lure 3.2 Conditions of subsequent project approvals and site improvement/development permits shall require the implementation of an erosion and sediment control plan, prepared by a qualified professional and approved by the Town Engineer. The plan should include a winterization plan for construction taking place between October 15 and April 15 and a schedule for revegetation of exposed, graded areas, site and street sweeping, and wetting soil during and after construction. Implementation of these mitigation measures would reduce impacts to less than significant levels. r Implementation Procedure: Construction drawings submitted by applicant for building and/or grading permit must include erosion and sediment control plan. Plan must be approved by Town Engineer prior to issuance of gradinglbuilding permit. Implementation of plan shall be by the contractor, under review of the Town Engineer. Non-Compliance Sanction: No issuance of grading! building permit if plans do not include erosion and sediment control plan. Failure to comply with approved plan will result in the issuance of correction notices, citations, a project stop-work order, or other available enforcement methods, including fines. WATER QUALITY Mitilration Measure "'"' Page 1 r" 4.1 Existing drainage facilities in the vicinity, including storm drains, culverts and sediment basins shall be modified to ensure that the discharge generated by the 100-year storm event can be accommodated. Improvements to the drainage facilities would need to consider the cumulative buildout ofthe area, including the new Tiburon Police Department facility and Belvedere- Tiburon Child Care Center. These improvements must be in place before the new impervious surfaces are created. I mnlementation Procedure: Improvement Plans submitted by applicant prior to issuance of building permit. Plan must be approved by Town Engineer and improvements must be in place prior to issuance of building permit. Town Engineer verifies that improvements are completed according to approved Improvement Plans. Non-Compliance Sanction: No issuance of grading/building permit if drainage improvements are not in place. 4.2 The applicant shall submit a construction Best Management Practices (BMP) program for review and approval by the Town Engineer prior to issuance of grading or building permits. The BMPs shall be implemented by the general contractor and all subcontractors and suppliers of material and/or equipment. Construction site cleanup and control of construction debris and material shall also be addressed in this program. r- Implementation Procedure: BMP program to be approved by Town Engineer prior to issuance of grading/building permit. Implementation ofBMP program shall be by the contractor, under review of the Town Engineer. Non-Comnliance Sanction: Failure to comply with approved BMPs will result in the issuance of correction notices, citations, a project stop-work order, or other available enforcement methods. AIR QUALITY Miti~ation Measure 5.1 Conditions of subsequent project approvals and site improvement/development permits shall require contractors to reduce dust generation. Contractors shall be required to implement the following measures, at a minimum: "'"' Page 2 . Suspend earthmoving and other dust-producing activities during periods of high winds when dust control is not effective r-- . Water or cover stockpiles of debris, soil, sand or other materials which can be blown by the wind . Provide equipment and manpower to water and reseed all exposed or disturbed soils surfaces. Add an appropriate dust palliative or suppressant to water before application. . Sweep the construction area and adjacent streets to remove mud and debris, since this material can be pulverized and later resuspended by vehicle traffic . Water, seed, cover and/or treat completed cuts and graded areas with dust suppressants as soon as grading activities cease. Watering for dust control is estimated to reduce dust emissions by about 50%. The combined effect of all measures listed in this mitigation would reduce dust emissions by 70-80%, which would likely reduce project impacts to less than significant levels. Implementation Procedure: Grading plan submitted by applicant for building and/or grading permit must include these dust suppression measures in notes. Grading plan must be approved by Town Engineer prior to issuance of gradinWbuilding permit. Implementation of plan shall be by the contractor, under review of the Town Engineer and Town Building Official. r Non-Compliance Sanction: No issuance of gradinWbuilding permit if grading plan does not include dust suppression measures in notes. Failure to comply with approved plan will result in the issuance of correction notices, citations, a project stop-work order, or other available enforcement methods, including fines. TRANSPORTATION/CIRCULATION Miti&ation Measures 6.1 A median lane on Tiburon Boulevard for collection of southbound left turns shall be constructed prior to development of the project site. Imnlementation Procedure: r-- Page 3 "'"' This improvement is to be completed before or as part of the construction of the new Police Building, would be in place prior to construction of the senior housing project. Town Engineer verifies that improvements are completed according to approved plans for the new Police Building. Non-Comnliance Sanction: No issuance of gradinglbuilding permit if road improvement is not in place. 6.2 A westbound right turn lane on Tiburon Boulevard shall be constructed prior to development ofthe project site. Imnlementation Procedure: This improvement is to be completed before or as part of the construction of the new Police Building, would be in place prior to construction ofthe senior housing project. Town Engineer verifies that improvements are completed according to approved plans for the new Police Building. Non-Compliance Sanction: No issuance of gradinglbuilding permit if road improvement is not in place. 6.3 There shall be limited or no access to the senior housing project from the unnamed road easement. ".. Implementation Procedure: Precise Plan submitted by applicant and approved by Town shall show limited or no access to the senior housing project from the unnamed road easement. Non-Compliance Sanction: No issuance of gradinglbuilding permit without approval of a Precise Plan for proposed development. HAZARDS Mitiration Measure 10.1 The fire hazard potential of the Eucalyptus trees shall be assessed as part of the site design process. Should removal of the trees be warranted, the provisions of the Town's tree policies (Chapter 15A ofthe Town Municipal Code) shall be followed. Implementation Procedure: '""' Page 4 ., ,--.. Precise Development Plan (PDP) and Design Review applications shall include a site plan which shows the location of existing Eucalyptus trees. Plans shall be referred to Tiburon Fire Protection District (I'FPD) for comment. Recommendations ofTFPD shall be considered prior to approval ofthe PDP or the Site Plan and Architectural Review plans (Design Review), and appropriate conditions shall be made conditions of project approval. Non-Compliance Sanction: PDPIDesign Review plans not deemed complete unless trees are accurately shown on site plan. No Precise Plan or Design Review approval; no issuance of gradinglbuilding permit. RECREATION Mitieation Measure 15.1 The developer of any future housing project on the site shall be responsible for relocating this portion ofthe community garden onto the adjacent two-acre, Town-owned parcel on which the remainder ofthe garden is already located. Imnlementation Procedure: Precise Development Plan (PDP) and/or Design Review plans shall include a plan for relocating community garden onto the adjacent two-acre, Town-owned parcel prior to issuance of grading or building permits. Implementation of plan shall be made a condition of project approval and shall be r the responsibility of the applicant. Non-Compliance Sanction: PDPlDesign Review plans not deemed complete unless plan for relocating community garden are accurately shown on site plan. No Precise Plan or Design Review approval; no issuance of gradinglbuilding permit. ,.-.. Page 5