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HomeMy WebLinkAboutTC Res 2006-04-19 I""" RESOLUTION NO. 22-2006 A RESOLUTION OF THE TOWN COUNCIl.- OF THE TOWN OF TffiURON AMPLIFYING AND SUPPLEMENTING PROVISIONS OF THE TffiURON ZONING ORDINANCE WITH RESPECT TO PLANNED DEVELOPMENT #22 BY APPROVING THE TffiURON GLEN PRECISE DEVELOPMENT PLAN AND ADOPTING A MITIGATION MONITORING PROGRAM ASSESSOR PARCEL NO. 39-241-01 WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Town of Tiburon has received and considered an application filed by Xanadu Property Holdings, Inc. for a Precise Development Plan (the Tiburon Glen Precise Development Plan) to develop the following project: The development of three (3) single-family dwellings and appurtenant improvements on a 26.03-acre property. The Tiburon Glen Precise Development Plan would establish the basic layout of the development, building envelopes, residential use areas, height and floor area limits, and other zoning limitations for the three (3) future lots. r" B. The Precise Development Plan application consists of File #30403 (File 2 of2), on file with the Town ofTiburon Community Development Department. Materials from that application include but are not limited to the following: 1. Precise Development Plan for Tiburon Glen Estates APN 39-241-01," LTD Engineering, Inc. (applicant's engineer), Sheets I-II, last revised July I, 2005, except Sheets 9 and 10 revised October 12, 2005, and Sheet 2 revised November 5, 2005. 2. Design and architectural drawings for each residence (6 sheets total) prepared by Joseph Farrell Architect, dated May 18, 2005, with revisions to the Lot 2 basement plan received August 8, 2005. 3. Written materials from Scott Hochstrasser, IPA Inc. (applicant's representative), dated May 19, 2005 and July 15, 2005. 4. Tiburon Glen Architectural Design Guidelines, submitted July 18,2005. 5. Letter from Herzog Geotechnical Engineers dated July 15, 2005. ~ 6. Tiburon Glen Estates Off-Site Tree Mitigation Plan drawing, one sheet, prepared by Don Blayney & Associates, dated December 20,2005; and Off-Site Tree Mitigation text and accompanying cover letter from Scott Hochstrasser dated December 21, 2005 (5 pages total). Tiburon Town Council Resolution No. 22-2006 April 19, 2006 1 ,-.. ,-.. ~ The official record for this project is hereby incorporated and made part of this resolution. The record includes the Staff Reports, minutes, application materials, and all comments and materials received at the public hearing. C. The Planning Commission held duly noticed public hearings on the application on November 29, 2005 and January 25, 2006. Following the public hearings, the Planning Commission adopted Resolution No. 2006-03 recommending conditional approval of the project to the Town Council. D. The Town Council held a duly noticed public hearing the application on March 1,2006, at which it heard and considered testimony from interested persons. The Town Council found, based upon application materials and analysis presented in the staff report, the certified Final EIR and the First and Second Addendums thereto, that the proposed project is, on balance, consistent with the goals and policies of the Tiburon General Plan and in conformance with provisions of the Tiburon Zoning Ordinance. The facts in support of this finding are set forth in the staff reports and the certified Tiburon Glen EIR and its two Addendums, all of which are incorporated into the proj ect record. Section 2. Acceptance of Second Addendum to the EIR NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby accepts the Second Addendum to the Final Environmental Impact Report dated November 2005. CEQA guidelines sections 15164 (a) and (b) state that an addendum should be prepared when none of the conditions triggering a subsequent EIR or supplemental EIR have occurred. Section 15162 of the CEQA Guidelines advises the preparation of a subsequent or supplemental EIR when substantial changes to the project require major revisions to the EIR because of new significant environmental effects or a substantial increase in the severity of previously identified effects. The three-lot Tiburon Glen project that is currently proposed (July 2005 Plan) is essentially a scilled back version of the original 8-lot project analyzed in the certified EIR, and ofthe four-lot project analyzed in the First Addenaum dated October 2004. The July 2005 plan essentially incorporates Lots 1,2, and 4 from the 8-lot project, and is within the range of alternatives and impacts discussed in the certified EIR. This scaled-back design would not result in new significant environmental effects or a substantial increase in the severity of previously identified effects. The Final Environmental Impact Report and First and Second Addendums were prepared under contract to the Town ofTiburon by the consulting firm of Nichols-Berman. Detailed CEQA findings have been adopted by separate resolution. The Second Addendum concludes that with the implementation of a broom removal and habitat restoration program pursuant to Mitigation Measure 5.3-4(c), all environmental impacts associated with the current three-lot proposal have been or would be mitigated to a level ofless-than-significant (LTS). The Town and applicant have identified sufficient suitable broom removal and habitat restoration areas on Town-owned open space lands that would accommodate planting of at least 189 coast live oak trees and make implementation of Mitigation Measure 5.3-4(c) feasible. The EIR consultant has concluded, as set forth in the memos dated January 4 and April 6, 2006, that all Tiburon Town Council Resolution No. 22-2006 April 19, 2006 2 ~ environmental impacts associated with the project will be reduced to less-than-significant levels with the mitigation measures identified. Section 3. Conditional Proiect Approval and Adoption of Mitigation Monitorinll Program. BE IT FURTHER RESOLVED that the Town Council hereby approves the Tiburon Glen Precise Development Plan and adopts a mitigation monitoring program for the project, subject to the following conditions: 1. The following Tiburon Glen Precise Development Plan drawings and application materials are approved as modified by conditions of approval and mitigation measures contained herein, said drawings and materials being on file with the Tiburon Community Development Department in File #30404 (2 of 2): (a) Precise Development Plan drawings for Tiburon Glen Estates APN 39-241-01, L TD Engineering (including On-Site Tree Mitigation Plan sheets); Sheets 1-11, last revised July 1, 2005, except Sheets 9 and 10 revised October 12, 2005 and Sheet 2 revised November 5, 2005. r". (b) Design and architectural drawings for each residence (6 sheets total) prepared by . Joseph Farrell Architect, dated May 18, 2005, with revisions to the Lot 2 basement plan received August 8, 2005. These drawings are illustrative of homes that would be consistent with the project's Architectural Design Guidelines, but it is understood that future lot owners may design different homes than those shown in these architectural drawings. (c) Tiburon Glen Architectural Design Guidelines (3 pages), submitted July 18, 2005, as revised by conditions of approval herein. (d) Written application materials submitted by from Scott Hochstrasser, IPA Inc. (applicant's representative), dated May 19, and July 15, 2005. (e) Tiburon Glen Estates Off-Site Tree Mitigation Plan drawing, one sheet, prepared by Don Blayney & Associates, dated December 20,2005; and Off-Site Tree Mitigation text and accompanying cover letter from Scott Hochstrasser dated December 21, 2005 (5 pages total). (f) Letter from Don Blayney dated April 4, 2006 regarding additional locations for off- site tree mitigation. (g) Memorandums from Nichols-Berman dated January 4, 2006 and April 6, 2006 regarding off-site tree mitigation locations. r--- Tiburon Town Council Resolution No. 22-2006 April 19, 2006 3 ,.-. I"'"' /""' 2. This Precise Development Plan approval incorporates all of the environmental mitigation measures listed in the Tiburon Glen Mitigation Monitoring Program, attached hereto as Exhibit" A". Applicant shall bear all costs for implementation and monitoring of said Mitigation Monitoring Program. 3. This Precise Development Plan is intended to reflect optimal development of the property. Those portions of the property left undeveloped under the Precise Development Plan will be voluntarily persevered as permanent open space as set forth herein. Accordingly, no additional subdivision for the purpose of creating additional building sites is permitted and a note to that effect shall be on the parcel map 4. The maximum "gross floor area", as defined by the Tiburon Zoning Ordinance, that may be constructed on each lot shall be as follows: Lot 1 - 5,400 square feet Lot 2 - 4,800 square feet Lot 3 - 4,800 square feet In addition to the above-listed gross floor area, garage area of up to 750 square feet shall be permitted for each lot. Any garage floor area in excess of 750 square feet shall be counted as additional gross floor area on the lot. Floor areas meeting the definition of "basement" in the Tiburon Zoning Ordinance shall not be included in the calculation of gross floor area. It is understood that the square footage of each dwelling unit is a maximum allowable square footage, and the Town may, in its reasonable discretion, approve a lesser amount of square footage for the dwelling unit on any or all of the lots in order to ensure that the house sizes are consistent and compatible with surrounding neighborhoods in compliance with and as set forth in General Plan Land Use Element Goal LU-1. 5. All residential improvements constructed on the property shall substantially conform to the Tiburon Glen Architectural Design Guidelines, as amended by these conditions of approval. Applicant shall revise said Guidelines pursuant to these conditions and submit the revised copy for final approval by the Director of Community Development. The final Guidelines shall be incorporated into the CC&R's for the subdivision and recorded in conjunction with the parcel map. The exterior appearance of the homes shall be maintained over time in accordance with the Guidelines. Painting, repainting, or other exterior alteration not in accordance with the Guidelines as determined within the reasonable discretion of the Director of Community Development, will require an amendment to this Precise Development Plan. 6. The Tiburon Glen Architectural Design Guidelines for the project shall be revised to incorporate the following to the satisfaction of the Director of Community Development: Tiburon Town Council Resolution No. 22-2006 April 19, 2006 4 -- a. A statement that the intent is that house colors blend into their woodland backdrop, and be medium to dark against the forest backdrop. Trim color shall be as dark as or darker than the main house color. References to naturally stained and transparent stain should be qualified to indicate that the materials they are staining are already appropriate in color to achieve the purposes of the design guidelines. b. Fencing (including deer fencing) shall be limited to the Residential Use Area (RUA) for each lot. c. Guest parking for all lots shall be designed or appropriately screened to result in low visual impact from off-property locations. d. V -ditches and other drainage ditches shall be medium to dark in color or lined with rock similar in appearance to that naturally occurring in the vicinity. e. The description of floor area limits for each lot shall be revised to reflect provisions of Condition #4 of this Resolution. f. Landscaping in the Residential Use Areas shall be required to "transition" to oak-bay woodland in the open space areas, rather than form an abrupt boundary of differing landscape treatments. 7. The dwelling unit (main building on each lot) shall be confined to the approved "building envelope" on each lot, as shown on Sheet 9 of the approved Precise Development Plan drawings. Dwelling units shall not exceed thirty (30) feet in height from grade. It is understood that the thirty (30) foot height limit is a maximum height, and the Town may, in its reasonable discretion, approve a lesser height for the dwelling unit on any or all of the lots pursuant to guiding principles of site plan and architectural review as set forth in the Zoning Ordinance, and it is recommended that consideration be given to limiting the height of the dwelling units to twenty-five (25) feet from grade. -- 8. Accessory buildings or structures and other improvements, including patios, decks, pools, spas, fountains and water features, built-in barbeques, play structures, arbors, gazebos, fencing, omamentallandscaping (including turf lawns), parking areas, driveways, and retaining walls shall be limited to the "building envelope" and the "residential use area". Accessory buildings shall not exceed fifteen (15) feet in height from grade. 9. No improvements of any type, including fencing and landscaping, shall be permitted outside the approved building envelope or residential use area for each lot. This limitation does not apply to the access roads, driveways, walls, utilities, landslide repair devices, drainage ditches, or other improvements shown on the drawings approved herein. 10. A note on Sheet 3 of the Precise Development Plan drawings states that possible reconstruction 0 fthe cut-slope along Paradise Drive for Lot 2 may be required pending additional geotechnical review for a proposed residence on that lot. All ~ Tiburon Town Council Resolution No. 22-2006 April 19, 2006 5 Tiburon Town Council !'"' 11. ~ 12. r" reasonable attempts shall be made in the design and location of the residence and lot improvements to avoid cut-slope reconstruction. The note is hereby modified to indicate that all feasible options that would not require cut-slope restoration shall be explored and exhausted prior to approval by the Town of a building permit for said lot that would include cut-slope restoration. All portions of each lot designated "Private open Space" and shown on Exhibit 2- 1.1 (page 2.0-3) of the November 2005 Seconded Addendum to the August 2003 EIR, exclusive of the "building envelope", "residential use area", and roadways shall be contained within and protected by an open space easement or easements to be offered for acceptance to the Town ofTiburon by separate instrument as part of the parcel map application. Said open space easement or easements (if accepted) shall be recorded in conjunction with the recordation of the parcel map. All portions of Said open space easement or easements shall acknowledge, if necessary, any required drainage and utility easements and any landscape installation (e.g. entry landscaping, retaining wall screening, and mitigation planting) and maintenance agreements that are required as part of this Precise Development Plan and trailing permits. open space easement language shall be reviewed and approved by the Town Attorney and Director of Community Development prior to acceptance for filing of the parcel map application. All of "Parcel A - open Space and Conservation Easement", as it is shown on Exhibit 2-1.1 (page 2.0-3) of the November 2005 Second Addendum to the August 2003 EIR, a 7.49 acre parcel, is voluntarily offered to the Town for additional open space beyond what the General Plan, Zoning, and other Town regulations require. Said Parcel A is to be protected by an open space easement and conservation easement. The applicant shall provide the Town Attorney and Director of Community Development with draft open space and conservation easement language for review and approval prior to filing the parcel map application. 13. Draft CC&R's for the subdivision shall be prepared and submitted for review and approval by the Town Attorney and Director of Community Development as part of the tentative map application. Said CC&Rs shall contain provisions and limitations as set forth in this Precise Development Plan approval and the adopted Mitigation Monitoring Program to the satisfaction of the Town Attorney and Director of Community Development. CC&R's shall contain educational information regarding the biological value of serpentine grasslands, damaging effects of pesticide /herbicide use, ongoing maintenance of roadways and common areas, ongoing maintenance of drainage structures, and ongoing removal of invasive plant species from the property. 14. Applicant shall survey and install (or make a monetary contribution to cover fully the Town's estimated reasonable costs of surveying and installing) a traversable Resolution No. 22-2006 April 19,2006 6 --.. 15. 16. 17. ~ pedestrian trail within the easement and/or its adjoining easement located on assessor parcel 039-021-07. Applicant-performed work shall be done as part of the subdivision improvement phase ofthe project. If an in-lieu monetary contribution is proposed instead of applicant installation, then said payment shall occur prior to recordation of the parcel map. The amount of any monetary contribution shall be based on an estimate by the Town Engineer. As part of the installation of the subdivision improvements, applicant shall remove all old fencing and fence-posts, litter, garbage, and other junk materials from the entire site. Extreme care (up to removal and off-hauling by hand) shall be used during the removal process to avoid impacts to sensitive biological resources. Fire apparatus turnaround areas shown on Lots I and 3 shall be recorded as easements on the parcel map to the satisfaction of the Town Engineer. Exterior lighting (forroadways and residential improvements) shall be limited to the minimum amount necessary to safely illuminate points of access and outdoor use areas. Prior to the approval of subdivision improvement drawings for the project, the Design Review Board shall review all aspects of the proposed roadway lighting. In its review of individual homes, the Design Review Board shall carefully review all proposed lighting to minimize its visibility from surrounding properties and Paradise Drive. 18. Where feasible and appropriate in the opinion ofthe Town Engineer, guest parking areas for each lot shall be composed of permeable surfaces. 19. Appearance and vegetative screening of all retaining walls in excess of forty-two (42) inches in height shall be subject to review and approval by the Design Review Board. Bonding or other monetary security for maintenance and replacement of retaining wall landscaping for the lifetime of the retaining walls shall be secured by the Town prior to recordation of the parcel map. The amount of monetary security shall be acceptable to the Director of Public Works and the terms of the maintenance and replacement shall be acceptable to the Town Attorney. 20. ~ The Tiburon Town Council must approve the Broom Eradication and Habitat Restoration Program (BEHR) required by Mitigation Measure 5-3.4(c) prior to issuance of a grading permit for the project's subdivision improvements. The Mitigation Monitoring Plan (MMP) required by the mitigation measure shall incorporate the general requirements set forth in the memorandum (t'our pages) from Nichols-Berman to the Town of Tiburon dated April 6, 2006 (Exhibit "B"). To the extent feasible, the BEHR shall locate replacement trees on Town- controlled land, preferably near existing woodlands and preferably located on the Tiburon Town Council Resolution No. 22-2006 April 19, 2006 7 ~ north or northeast (Paradise Drive) side of the Tiburon Peninsula. Fulfillment of the BERR shall be guaranteed by either: I) physical implementation by the project sponsor as deemed acceptable to the Town; or 2) through provision of funding to the Town in an amount deemed acceptable by the Town such that the BEHR may be physically implemented by the Town. The Town shall have sole authority to select which option or combination of the options is used to implement the BERRo If option I is selected, implementation (including ongoing broom removal, maintenance, and tree replacement for the monitoring life of the BEHR) shall be guaranteed through full performance bonding and/or other appropriate monetary security as approved by the Town Attorney. The issues of potential soil erosion, drainage, soil instability, view blockage, fire prevention (should "flaming" of seeds be proposed), shall be addressed to the satisfaction of the Town Council prior to approval of the BERR. An encroachment permit shall also be required prior to commencement of work on Town parcels. 21. At least 50% of the "Large Canopy Trees" shown on Sheet I of the On-Site Tree Mitigation Plan shall be upgraded to 24" box trees (from IS-gallon trees) in order to provide more immediate strategic screening of retaining walls, homes, and other site disturbance. 22. The landscape plan associated with subdivision improvements shall be reviewed and approved by the Design Review Board, with special attention paid to the strategic location oflarger-canopy trees for maximum screening ofproject improvements from Paradise Drive. The Design Review Board shall also ensure that the entry roadway landscaping more closely resembles prevailing landscaping along Paradise Drive and does not form a visibly abrupt change from informal native landscaping to formal, obviously introduced landscaping. -- 23. Photosimulation(s) of each proposed residence and its ancillary improvements are required to be submitted at the time of Site Plan & Architectural Review application for each residence, with the photosimulation(s).taken from the same location(s) as depicted in the Second Addendum to the ElR: Lot 3 shall be required to submit a photosimulation from both Viewpoint I and Viewpoint 2 as depicted in the Second Addendum, while Lots I and 2 need be depicted only from Viewpoint 1. 24. A detailed Tree Protection Plan shall be submitted with the subdivision improvement drawings to set forth protection measures for trees to be retained during project construction. Said Plan shall be reviewed and approved by the Director of Community Development and Director of Public Works. The applicant shall bear the cost for any Town-required third party review of the Tree Protection Plan. ".-. Tiburon Town Council Resolution No. 22-2006 April 19, 2006 8 -- 25. A detailed set of Green Building Principles, based on those described to the Planning Commission by architect Joseph Farrell at the November 29, 2005 meeting, shall be submitted with the Tentative Subdivision Map application for review and approval by the Planning Commission. The approved Green Building Principles shall be incorporated into the house designs for each lot and shall be incorporated into the project CC&R's. 26. This Precise Development Plan approval shall be valid for thirty-six (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. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on April 19, 2006 by the following vote: AYES: Berger, Fredericks, Gram & Slavitz NOES: None ABSENT: Mayor Smith OM GRAM, VICE MAYOR TOWN OF TffiURON -- A~" DIANE CRANE IAC~WN CLERK r"' Tiburon.Town Council Resolution No. 22-2006 April 19, 2006 9