HomeMy WebLinkAboutTC Res 2005-08-17 (2)
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RESOLUTION NO. 38-2005
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A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
ASSERTING ITS RIGHT OF FIRST REVIEW FOR DEVELOPMENT
APPLICATIONS ASSOCIATED WITH THE MARTHA COMPANY PROPERTY
(ASSESSOR PARCEL NO. 059-251-05)
WHEREAS, the County of Marin has adopted certain policies and programs within its
Countywide Plan (General Plan) with respect to processing of development applications for
unincorporated properties within a city's urban services area, specifically as follows:
CF-I.3: Development Applications. All development applications within a city's urban
service area should be reviewed by the city to ensure consistency with its land use and
development policies.
Program CF-l.3a: Subdivision and master development plans involving
unincorporated land within a city's urban service area shall be submitted to the
city for planning action and annexation. This approach awards the "right of first
review" to the affected city to perform the planning analysis of any development
plan requiring urban services.
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CF-I.4: Development of Unincorporated Land. Prior to development of vacant
unincorporated lands within an urban services area, the unincorporated territory should
seek annexation to the city, unless the city signifies that it does not desire to annex the
lands at that time.
Said policies applying to the Martha Company property, a 11 O-acre parcel located at the
southeastern end of the Tiburon Peninsula, as a vacant unincorporated parcel requiring urban
services that is located within the urban service area and sphere of influence of the Town of
Tiburon; and
WHEREAS, the owners of the Martha Company property have recently applied to the
County of Marin for development of 40 dwelling units on the property; and
WHEREAS, owners of the Martha Company property have previously abided by the
County of Marin policies and have applied to the Town of Tiburon for prezoning and
development of the property, first in 1992 and again in 1998, and have on both occasions
abandoned the applications before processing could be completed; and
WHEREAS, the Martha Company property abuts the Town of Tiburon on two of its four
sides; and
WHEREAS, the Martha Company project as proposed would most greatly impact some
ofTiburon's oldest and most established neighborhoods, which contain narrow, winding and
substandard streets; and
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nburon Town Council
Resolution No. 38-2005
8/17/2005
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. "WHEREAS, the Martha Company project would draw access to the great majority of its
proposed dwelling units through those narrow, winding, substandard streets in established
/" neighborhoods within the Town ofTiburon; and
WHEREAS, the overwhelming majority of persons affected by this project reside in the
Town ofTiburon, and as disclosed by previously-prepared draft environmental impact reports,
the impacts of the proposed project on the site and on the surrounding environment would be
extensive, severe, significant, and unavoidable; and
WHEREAS, the County of Marin and the Marin Local Agency Formation Commission
(LAFCO) have adopted policies that direct development of vacant land requiring urban services
to the affected municipalities, and the Town of Tiburon strongly supports such policies; and
WHEREAS, the Town Council of the Town of Tiburon desires annexation of the Martha
Company property into the Town of Tiburon as part of the development review process.
NOW, THEREFORE IT IS RESOLVED, that the Town Council of the Town ofTiburon
asserts its "right of first review", pursuant to Marin Countywide Plan policies, over processing of
development applications and annexation of the Martha Company property and respectfully
exhorts the County of Marin to uphold its policies to the greatest extent practicable.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on August 17, 2005, by the following vote:
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AYES:
COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz & Smith
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
V1MILES BE
TOWN OF TIBURON
A~ffi~
DIANE CRANE IACOPI, TOWN CLERK
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Tiburon Town Council
Resolution No. 38-2005
8/1712005
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