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RECORDING REQUESTED
RETURN TO:
TOWN CLERK
TOWN OF TIBURON
1505 TIBURON BOULEVARD
TIBURON, CA 94920
2006-0060759
RecDl'lled I AEC FEE .. II
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RESOLUTION NO. 39.2006
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING AN AMENDMENT TO THE CYPRESS HOLLOW PRECISE
DEVELOPMENT PLAN (PD #45)
FOR PROPERTY LOCATED AT 40 MONTEREY DRIVE
ASSESSOR PARCEL NO. 034-394-04
Section 1.
Findinas.
WHEREAS, the Town of Tiburon has received and considered an application
filed by Nasser Kashefi to amend the Cypress Hollow Precise Development Plan (PD
#45) to increase the maximum floor area penmitted for Lot 36 of the Cypress Hollow
Subdivision, located at 40 Monterey Drive; and
WHEREAS, the Precise Development Plan application consists of File #30602,
on file with the Town of Tiburon Community Development Department. Materials from
that appiication include but are not limited to the following:
1. Land Development Application fonm and project description, dated July 6,
2006; and
2. Project plans (7 sheets) prepared by Mohamad Sadrieh, dated July 6,
2006.
WHEREAS, on August 9, 2006 the Planning Commission held a public hearing to
consider the approval of this application to amend the Cypress Hollow Precise
Deve!opment Plan; and
WHEREAS, after receiving public testimony and considering the application at
that hearing,-the Planning Commission adopted Resolution No. 2006-19 recommending
to the Town Council that the Precise Development Plan Amendment be approved; and
WHEREAS, on Septemller 6,2006, the Town Council held a public hearing on
this application and after hearing all testimony and reviewing all documents on the
record, the Town Council concurred with the findings made by the Planning Commission
and found that the proposed precise development plan amendment to increase the
maximum floor area penmitted for the property located at 40 Monterey Drive would be ~
consistent with the overall intention of the Cypress Hollow Precise Development Plan
and the policies contained within the Land Use Element of the Tiburon General Plan;
and
TIBURON TOWN COUNCIL
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RESOLUTION NO. 39-2006
SEPTEMBER 6. 2006
r-- WHEREAS, the Town Council has found that the project is exempt from the
requirements of the California Environmental Quality Act per Section 15301 of the CEQA
Guidelines.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby approve the requested amendment to the Cypress Hollow Precise
Development Plan, subject to the following conditions: .
1. Condition of Approval No. 3 (C) of Marin County Board of Supervisors
Resolution No. 88-252 shall be amended to read as follows:
"The FAR shall be a maximum of 30%; except that greater area is permitted
for the following lots:
a. Lot 33 (70 Monterey Drive) if attained entirely within
undeveloped space within the existing mass and bulk of the
approved house, as generally depicted on drawings dated
10/1/99, prepared by Marshall Balfe (4 sheets);
"..l
b. Lot 16 (170 Rancho Drive) if attained entirely within
undeveloped space within the existing mass and bulk of the
approved house, as generally depicted on drawings dated
1/412000, prepared by Mahoney Architects (4 sheets);
Lot 7 (70 Cypress Hollow Drive), as generally depicted on
drawings dated 4/18/2001, prepared by Geoffrey Butler
Architect (6 sheets), approving the garage conversion and
limiting the decK ellCl.osure so that the totl;lL floor area of.the
house does not exceed the Town of Tiburon default floor area
. ratio for this property;
c.
d. Lot 11 (120 Rancho Drive) ifattained entirely within
undeveloped space within the existing mass and bulk of the
approved house, as generally depicted on drawings dated
9/14/2002, prepared by Marshal Balfe (6 sheets);
e. Lot 35 (50 Monterey Drive) if attained entirely within
undeveloped space within the existing mass and bulk of the
approved house, as generally depicted on drawings dated
1/28/2004, prepared by Richard Esteb (5 sheets);
f. Lot 26 (20 Baccharis Place) if attained entirely within
undeveloped space within the existing mass and bulk of the
approved house, as generally depicted on drawings dated
11/1/2005, prepared by Richard Esteb (6 sheets);
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g.
Lot 36 (40 Monterey Drive) if attained entirely within
undeveloped space within the existing mass and bulk of the
approved house, as generally depicted on drawings dated
7/6/2006, prepared by Mohamad Sadrieh (7 sheets)."
TIBURON TOWN COUNCIL
RESOLUTION NO. 39-2006
SEPTEMBER 6. 2006
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2. Prior to issuance of a building penmit for this project, a statement shall be
recorded against this property requiring that no bathroom, bedroom or kitchen
may be constructed within the area approved under this application, and no
secondary dwelling unit shall be established on the property.
3. This approval shall in no way alter other provisions of the Cypress Hollow
Precise. Development Plan not specifically. described herein.
PASSED AND ADOPTED at a regular meeting of the Town Council on
September 6, 2006, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
Berger, Fredericks, Gram, Slavitz and Smith
COUNCILMEMBERS:
None.
COUNCILMEMBERS:
None
ATTEST:
//7/J/} A
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DIANE CRANE'fKCOPI, TOWN CLERK
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. PAUL SMITH, Ml'R> ., :.~ ~
TOWN OF TIBU~'" - .:,; 2
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TIBURON TOWN COUNCIL
RESOLUTION NO. 39-2006
SEPTEMBER 6, 2006
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