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HomeMy WebLinkAboutTC Agd Pkt 2016-03-16 (2) TOWN OF TIBURON Town Council Meeting T _ 1505 Tiburon Boulevard March 16,2016 Tiburon,CA 94920 Agenda Item:Pk. z r A STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Alta Robles Residential Project(PD#20): Vesting Tentative Subdivision Map Application (File#TM2015001) for the Creation of 14 lots on a 52.2 acre Parcel; 3825 Paradise Drive; SODA,LLC, Owner; IPA, Inc., App cant; Assessor's Parcel Nos. 039-301-01 and 039-021-13 Reviewed By: - BACKGROUND The Town is in receipt of a Vesting Tentative Map application from SODA LLC which would subdivide a 52.2 acre parcel into 14 lots. The property is located at 3825 Paradise Drive, extending from Hacienda Drive on the south,up to the Tiburon Ridgeline,then downward to Paradise Drive on the north. The project is commonly known as the Alta Robles project. In 2012, the Town Council approved the Alta Robles Precise Development Plan. On February 24,2016 the Planning Commission adopted Resolution No. 2016-02 (Exhibit 1)recommending approval with conditions of the Alta Robles Vesting Tentative Map application to the Town Council. HISTORY On February 15,2012,the Town Council approved a precise development plan application(the Alta Robles Precise Development Plan; PD#20) for this property by adopting Resolution No. 09- 2012 (Exhibit 2). The precise development plan approved the project density and the location, maximum height and floor areas of the 14 homes (one existing single-family dwelling and 13 new homes)that could be developed on this property. It also addressed the design of the homes based on drawings by architect Ken Kao, analyzed environmental impacts of the project, and established a lengthy list of mitigation measures to be implemented as the project is constructed. The applicants are now applying for the vesting tentative subdivision map approval that would establish the proposed lot lines for the subdivision, consistent with those approved as part of the Alta Robles Precise Development Plan. The tentative subdivision map is the first of several "trailing"permits that follow the precise development plan approval. The main thrust of review at the tentative map stage is to better delineate the"when,""how," and"by whom" of actual project implementation. Conditions of approval typically focus on project dedications, implementation of mitigation measures and precise development plan conditions of approval,requirements for preparation of subdivision improvement drawings,requirements for monetary security (bonding), and payment of development impact fees. TOWN OFTIBURON PAGE 1 OF 3 Town Council Meeting March 16.2016 Future applications would include a final subdivision map, subdivision improvement drawings, site plan and architectural review applications and building permits for each residence. PROJECT DESCRIPTION The proposal sets forth the proposed subdivision of an approximately 52.2-acre parcel located at 3825 Paradise Drive, extending from Hacienda Drive on the south,up to the Tiburon Ridgeline, then downward to Paradise Drive on the north. Fourteen(14)residential lots would be created. A single-family dwelling exists on one lot, and each of the remaining 13 lots would be developed with a single-family residence. The proposed lot/parcel sizes are as follows: Lot 1: 15.16 acres Lot 2: 1.67 acres Lot 3: 1.44 acres Lot 4: 1.03 acres Lot 5: 1.15 acres Lot 6: 1.34 acres Lot 7: 1.50 acres Lot 8: 1.51 acres Lot 9: 1.50 acres Lot 10: 1.51 acres Lot 11: 1.51 acres Lot 12: 1.51 acres Lot 13: 1.50 acres Lot 14: 1.20 acres SUBTOTAL 33.53 acres Private common open space: 18.68 acres TOTAL 52.21 acres Private open space easements would be established over portions of all 14 lots. Combined with three separate parcels of common open space, approximately 77%of the site would be dedicated to open space per the precise development plan approval. Access would be provided to the proposed lots from a private roadway connecting to Paradise Drive at the northeast corner of the property. The Alta Robles Vesting Tentative Map drawings are attached as Exhibit 3. The vesting tentative map application proposes no substantive changes to the project as approved in the Alta Robles Precise Development Plan. All conditions and specifications of the approved precise development plan would continue to be in effect. ANALYSIS The Town's consulting engineer and Planning Division Staff have reviewed the Vesting Tentative Map and found it in conformance with the approved Precise Development Plan and state and local subdivision regulations. The Planning Commission reviewed the application on February 24, 2016 and found the tentative map to be consistent with the Tiburon General Plan, the Alta Robles Precise Development Plan, and the Tiburon Subdivision Ordinance. TOWN OF TIBURON PAGE 2 OF 3 Town Council Meeting March 16.2016 PUBLIC COMMENTS Four public comment letters have been received regarding this application(Exhibits 4-7),all dating to September 2015. At the February 24, 2016 meeting,the Planning Commission addressed the concerns raised in these letters regarding construction staging and management and requests to reduce the number of approved lots in this subdivision. The Commission determined that conditions of approval attached to the Alta Robles Precise Development Plan and Alta Robles Vesting Tentative Map addressed issues related to construction parking, staging, and management of the project. The Commission also determined that it was inappropriate to reconsider the project density that had been established in the Alta Robles Precise Development Plan following years of extensive review and environmental analysis. Draft minutes of the February 24, 2016 Planning Commission meeting are attached as Exhibit S. ENVIRONMENTAL REVIEW A Final Environmental Impact Report was certified by the Town Council in 2011 for this project. No substantive changes to the project are proposed as part of the vesting tentative map and no additional environmental review is warranted or required. All adopted mitigation measures would continue to apply. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing on this item 2. Adopt the draft resolution(Exhibit 3) approving the application EXHIBITS 1. Planning Commission Resolution No. 2016-02 2. Town Council Resolution No. 09-2012 3. Draft Resolution 4. Letter from Sandra Swanson, dated September 27,2015 5. Letter from Doug Dossey, dated September 27, 2015 6. Letter from John Kunzweiler, dated September 28, 2015 7. Letter from David Joyner, dated September 29,2015 8. Draft minutes of the February 24, 2016 Planning Commission meeting 9. Application form and supplemental materials 10. Alta Robles Vesting Tentative Map drawings (9 sheets) Prepared By:Daniel M.Watrous,Planning Manager \shared\Administration\Town CounciRStaff Reports\2016\March 16 DraftsWta Robles tentative map report.doc TOWN OF TISURON PAGE 3 OF 3 RESOLUTION NO.2016-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING APPROVAL OF A VESTING TENTATIVE SUBDIVISION MAP FOR A 14-LOT SUBDIVISION AT 3825 PARADISE DRIVE (PD 420,ALTA ROBLES PROJECT) ASSESSOR'S PARCEL NOS. 039-021-13 AND 039-301-01 WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows: Section 1. Findings. A. An application for a Vesting Tentative Subdivision Map to subdivide 52.21 acres of land into fourteen (14)residential lots has been received from SODA,LLC. The subject property is located between Paradise Drive and Hacienda Drive and is identified as Assessor's Parcel Nos. 039-021-13 and 039-301-01. B. The application consists of the following: 1. Land Development Application Form and supplemental application information received September 8, 2015. 2. Vesting Tentative Map (9 sheets) entitled"Vesting Tentative Map,Rabin Subdivision,"received December 22,2015,prepared by CS W/Stuber-Stroeh Engineering Group,Inc. 3. Draft Declaration of Covenants, Conditions and Restrictions of Alta Robles, received September 8, 2015. 4. Mitigation Monitoring, and Reporting Program for Biological Resources, prepared by LSA Associates,Inc., dated May 3,2013. 5. Biological Assessment Alta Robles Residential Development, prepared by LSA Associates, Inc., received September 8, 2015. 6. Biological Information to Support the Vesting Tentative Map Application,Alta Robles Project,prepared by LSA Associates,Inc., dated December 16,2015. C. The Planning Commission finds that a Final Environmental Impact Report was certified by the Town Council in 2011 for this project in conformance with the requirements of the California Environmental Quality Act, and that no further environmental review is required. D. The Planning Division and the Town Engineer have reviewed the project in accordance with applicable regulations and have recommended conditional approval of the application, as set forth in the Staff Report dated February 24, 2016. TIBURON PLANNING COMMISSION RESOLUTION 2016-02 FEBRUARY 24,2016 1 E 111IBIT N0. p, ( 0� E. The Planning Commission held a duly-noticed public hearing on February 24, 2016, and has heard and considered testimony from interested persons. F. The Planning Commission finds that the application, as conditioned, is consistent with the goals and policies of the Tiburon General Plan. The Commission further finds that the application is in conformance with the provisions of the Alta Robles Precise Development Plan and is consistent with the provisions of Chapter 14 of the Tiburon Municipal Code regulating the subdivision of land. Section 2. Recommendation for Approval. NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the Town of Tiburon does hereby recommend approval of the Alta Robles Vesting Tentative Map application (File#TM2015001)to the Town Council, subject to the following conditions: Public Works &Engineering 1. All of the following requirements of the Town Engineer shall be met prior to the approval of the Final Map, including the ability to provide all essential utilities to the site. Two copies of a recent(within six weeks of submittal)preliminary title report,plus traverse calculations in electronic form, shall accompany the Final Map submittal. The Final Map shall be prepared in conformance with the standards of the Town of Tiburon and the standards of the State Subdivision Map Act. 2. All engineering requirements and standards, including but not limited to landslide repair, drainage, dust control, erosion control and winterization, soils stabilization, construction criteria,tree and other resource protection,roadway geometries, and grading shall be subject to review and approval by the Town Engineer through the subdivision improvement process. Landslide repair shall be based upon the Preliminary Landslide Assessment dated February 28, 2007,prepared by Kleinfelder, Inc.;the Preliminary Geotechnical Investigation dated March 5, 2007 and the Response to Geotechnical Peer Review Comments dated January 28, 2008,prepared by Miller Pacific Engineering Group;the Geotechnical Peer Review dated April 16, 2007 and the Review of Response to Geotechnical Peer Review,prepared by Herzog Geotechnical; and the several prior geotechnical studies and letters referenced therein. 3. Prior to approval of the Final Map,project sponsor shall enter into a subdivision improvement agreement with the Town of Tiburon and post all required monetary securities. Said agreement shall be recorded with the Final Map. TIBURON PLANNING COMMISSION RESOLUTION 2016.02 FEBRUARY 24,2016 2 EXHIBIT NO. � �' JJI 4, Prior to approval of the Final Map,project sponsor shall submit detailed subdivision improvement drawings addressing without limitation all elements in Condition#2 above for review and approval by the Town Engineer,Director of Community Development, and other applicable agencies. 5. The Final Map shall include all easements shown in the title report dated December 3,2015, on file with this application, including,but not limited to Items 5, 6, 9, 12,25, 26,28, 30, 34, and 36 in the title report, and shall include all elements shown on the approved Vesting Tentative Map and Precise Development Plan drawings. 6. The Final Map shall include a site reconnaissance statement in compliance with Section 14-3.4 (a) of the Tiburon Municipal Code. 7. Elevations on the Final Map shall reference current National Geodetic Survey data (NAVD 88), or as required by the Town Engineer. 8. As part of the subdivision improvement drawings submitted with the Final Map application,project sponsor shall incorporate storm water treatment Best Management Practices (BMPs) into the design of the project to the extent practicable and shall include all measures required by Mitigation Measure 5.4-4 of the adopted Mitigation Monitoring Program for the Alta Robles Precise Development Plan. Consideration of BMPs shall include, but not be limited to, the use of grassy swales, landscaped areas, grasscrete,and similar measures in accordance with NPDES and MCSTOPP. All storm drain inlets shall be imprinted with a sign indicating"no dumping, flows to creek." 9. All portions of private lots outside the residential use areas (RUAs) shall be protected by an open space easement or easements offered for acceptance to the Town of Tiburon or,with the approval of the Town,to other public or non-profit entities, by separate instrument as part of the Final Map application. This protection limitation does not apply to improvements and the maintenance thereof contemplated for installation in the Alta Robles Precise Development Plan, such as,without limitation,the private roadways serving the subdivision; driveways, retaining walls necessary to support driveways;utilities; landslide repair devices and re-vegetation; drainage ditches; existing water tanks and other existing improvements, or other ancillary improvements necessary for installation of the subdivision improvements contemplated in the Precise Development Plan or permits issued in reliance thereon, including the subdivision improvement drawings. Open space easement or dedication documents shall be reviewed and approved by the Town Attorney and Director of Community Development prior to acceptance for filing of the Final Map application. Said open space easement or easements (if accepted) shall be recorded in conjunction with the recordation of TIBURON PLANNING COMMISSION RESOLUTION 2016-02 FEBRUARY 24,2016 3 EXCHIBIT NO. p, 3A `i the Final Map and their official records reference numbers shall be noted on the Final Map. 10. The area designated as Rabin Private Zone on Lot 1 shall be reserved for natural resource protection and scenic view preservation.A natural resource protection and scenic view preservation easement for the Rabin Private Zone shall be offered for acceptance to the Town of Tiburon by separate instrument as part of the Final Map application. Said easement shall be recorded in conjunction with the recordation of the Final Map and its official records reference shall be placed on the Final Map. Said easement shall acknowledge, if necessary, any existing improvements, any required roadway, drainage and/or utility easements and any landscape installation(e.g. mitigation planting) and maintenance agreements that are required or reasonably foreseeable in the Alta Robles Precise Development Plan approval. 11. As described on p. 49 of the Alta Robles Draft EK three-foot high permanent bollards with plaques shall be installed at intervals of approximately 60 feet between the boundary of the residential use areas and the private open space areas of each lot. Said bollards shall be maintained in good condition at all times by the homeowner's association for the subdivision. This demarcation shall initially occur as part of the subdivision improvements, and shall be restored as necessary prior to issuance of a certificate of occupancy for each completed residence. A suitable mechanism for this permanent demarcation shall be specified on the subdivision improvement drawings and recorded as a deed restriction or by other appropriate mechanism as determined by the Town. 12. As detailed in the Certified EIR for this project, each residential lot shall be provided with a cistern sufficient to store the additional stormwater runoff generated by the construction of lot impervious surfaces (such as roof surfaces, driveways,patios, etc.). The cisterns shall store sufficient runoff to enable the proposed project to maintain site peak flows at pre-project levels for the 100-year design rainstorm. 13. If lighting is required by the Town Engineer for the project roadways, lighting details shall be reviewed by the Design Review Board prior to the approval of subdivision improvement drawings for the project. All roadway lighting shall be shielded downlights to the satisfaction of the Design Review Board. Lighting proposed on the subdivision improvement drawings shall be limited to the minimum amount necessary to safely illuminate points of access,as determined by the Town Engineer. Street lighting maintenance and utility expense(if any) shall be included in the private roadway maintenance agreement. TIBURON PLANNING COMMISSION RESOLUTION 2016-02 FEBRUARY 24,2016 4 EXHIBIT N0. r { "1 14. Prior to issuance of a grading permit for the subdivision improvements,the project sponsor shall hold a preconstruction meeting with the Town, all other reviewing agencies associated with the project,and the subdivision improvement contractors. At that time, a final review of the implementation of the mitigation measures and determination of monitoring responsibilities shall be completed and agreed upon. 15. Not more than ninety (90) days prior to submitting the Final Map application and subdivision improvement drawings, the applicant shall retain a qualified traffic consultant to perform a traffic study, at applicant's expense and to the Town Engineer's specifications. The traffic stuffy will ascertain the average speed of vehicles near the proposed project entry. The Town Engineer will determine, in his sole discretion,whether the retaining wall and associated improvements set forth in Mitigation Measure 5.1-4 from the Draft EIR are required as mitigation at that time, in which event such improvements must be installed. Mitigation Measure 5.1-7 shall be applied in any event. 16. Upon completion of the improvements for this subdivision,the existing access roadway leading from Paradise Drive to the residence at 3825 Paradise Drive, located at the farthest eastward edge of the property, shall be used for emergency vehicle and Lot 1 access only and shall be secured and gated for that purpose to the satisfaction of the Town Engineer and the Fire Marshal of the Tiburon Fire Protection District. This access point shall not be used for project construction. 17. Applicant shall survey, design, and install a traversable public access recreational trail within the easement immediately north of Hacienda Drive. Said trail shall be designed as part of the subdivision improvement drawings. The design shall include installation of six (6) foot-high solid fencing at the northwestern edge of the trail nearest 139 Hacienda Drive that will to the maximum extent feasible prevent trail users from approaching the shared property line of that property with the Alta Robles property and thus protect the privacy of occupants of 139 Hacienda Drive. Applicant-performed trail work shall be done as part of the subdivision improvement phase of the project. Alternatively, with Town Engineer consent, applicant may make a monetary contribution to cover fully the Town's estimated reasonable costs of designing, surveying and installing said path.If an in-lieu monetary contribution is proposed instead of applicant installation,then said payment shall occur prior to recordation of the Final Map. The amount of any monetary contribution shall be based on an estimate by the Town Engineer. Notwithstanding this condition, Town and applicant may agree to an earlier installation of the public path improvements by separate agreement that would satisfy this condition. TIBURON PLANNING COMMISSION RESOLUTION 2016-02 FEBRUARY 24,2016 5 E°HlblT NO. P , 5, < 9 Affected Agencies&Utilities 18. All applicable requirements of the Tiburon Fire Protection District(TFPD) shall be met or set in place prior to approval of the Final Map. The project sponsor shall provide a letter from the TFPD to that effect. Fire apparatus access areas shown on Lot 1 shall be shown as easements for emergency vehicle use and offered for dedication as such on the Final Map to the satisfaction of the Town Engineer and Fire Marshal. 19. Domestic water shall be supplied by the Mann Municipal Water District. The project sponsor shall comply with all District rules and regulations. The project sponsor shall provide a will-serve letter from the District prior to approval of the Final Map. 20. Connection of all lots to Sanitary District No. 5 is required. All requirements of the District shall be met. The project sponsor shall provide a will-serve letter from the District prior to approval of the Final Map. 21. A will-serve letter from Pacific Gas&Electric Company shall be provided prior to approval of the Final Map. Community Development Department 22. All mitigation measures contained within the adopted Mitigation Monitoring Program for the project shall be implemented prior to finalization of the project by the Town of Tiburon. Project sponsor shall submit with the application for Final Map and the Subdivision Improvement Drawings a detailed narrative describing how these mitigation measures are being complied with, or will be complied with, at the appropriate phase of project development. The Final Map/Subdivision Improvement Drawing application materials shall include/address all adopted mitigation measures generally, and the following Mitigation Measures (MM) specifically,to the satisfaction of the Town Engineer and Director of Community Development: Mitigation Measures CA,D.1(a); D.1(b); D.1(c); D.1(d); D.2(a); D.2(b); D.3; DA; E.2; F.1; I.1; I.3; and I.4. 23. No smoking shall be permitted on site by any person, contractor or employee during any phase of project construction. A water truck shall be present on the site during vegetation removal. These requirements shall be noted on the subdivision improvement drawings and shall be incorporated into construction documents for the contractor(s)performing the work. TIBURON PLANNING COMMISSION RESOLUTION 2016-02 FEBRUARY 24,2016 6 EXHIBIT N0. 1 p. GJl 24. As part of the installation of the subdivision improvements, applicant shall remove dilapidated fencing and fence-posts, litter, garbage, and other junk materials from the entire site. 25. The appearance of any publicly-visible project retaining walls (including debris catchment fences or walls) shown on the subdivision improvement drawings in excess of forty-two (42)inches in height shall be subject to review and approval by the Design Review Board(DRB) prior to Town approval of said drawings. Where publicly visible, all subdivision improvement-related retaining walls and bridges shall have the appearance of rock to provide a natural look, and shall be medium to dark in color to reduce contrast. The DRB review and approval shall include appropriate landscaping screening for such walls. Where such fences or walls are proposed to be located in, or would require access through,sensitive resource areas, alternative solutions shall be explored that would avoid to the extent feasible impacts on sensitive resources. 26. A detailed landscape plan for the subdivision improvement phase of the project shall be prepared as part of the subdivision improvement drawing submittal and shall be reviewed and approved by the Design Review Board. This landscape plan shall include removal of any remaining invasive plant species; review of common area plantings, entry landscaping,retaining wall screening, and any landscaping required in adopted mitigation measures. Infrastructure and subdivision improvement-related landscaping must be supported by a functional, reliable, and appropriate irrigation system for which maintenance is guaranteed by the homeowners association. Mechanisms shall be instituted in the CC&R's and/or elsewhere as appropriate that provide the Town the right,but not the obligation,to compel maintenance of such landscaping at homeowner association expense if deemed necessary by the Town. 27. A detailed Tree Protection and Replacement Plan shall be submitted with the subdivision improvement drawings to set forth protection measures for trees to be retained during project construction and to implement Mitigation Measure 5.5-5 and shall be reviewed and approved by the Director of Community Development and Director of Public Works. Said Plan shall be subject to third parry review by a professional biologist of the Town's choosing at the applicant's sole expense. 28. All grading involving the use of heavy construction equipment shall be limited to the period between April 15 and October 15. The Building Official may authorize limited extensions of time to this period in his reasonable discretion. 29. Inclusionary housing in-lieu fees, as required by Chapter 16 of the Tiburon Municipal Code, shall be paid prior to recordation of the Final Map. TIBURON PLANNING COMMISSION RESOLUTION 2016-02 FEBRUARY 24,2016 7 E°HIBIT N0. 30. Prior to issuance of a grading permit for the subdivision improvements,project sponsor shall obtain and implement provisions of a NPDES General Construction Permit. A Storm Water Pollution Prevention Plan (SWPPP) shall also be obtained and implemented. 31. A detailed Construction Management Plan shall be prepared and submitted with the Final Map application and subdivision improvement drawings for review and approval by the Town Engineer and Director of Community Development. The Construction Management Plan shall, without limitation, outline the sequence and estimated timing of subdivision improvement installation; and shall comprehensively address construction staging areas, construction parking, materials storage, soil stockpiling, debris boxes,portable restrooms, and protective fencing for the subdivision improvement installation phase of the project. The Construction Management Plan shall specify an aggressive subdivision improvement installation schedule. In no event shall installation exceed a period of three (3) calendar years. The Construction Management Plan shall specify that no parking or staging of construction vehicles shall be permitted along or adjacent to Paradise Drive. 32. Final CC&R's, deed restrictions, and/or joint maintenance agreements or other similar instruments for the subdivision shall be prepared and submitted for review and approval by the Town Attorney and Director of Community Development prior to approval of the Final Map, and shall be recorded in conjunction with the Final Map. Said CC&Rs or other instruments acceptable to the Town Attorney shall contain provisions and limitations as set forth in the Alta Robles Precise Development Plan and the certified Final Environmental Impact Report to the satisfaction of the Town Attorney and Director of Community Development. These instruments shall contain,without limitation,provisions for ongoing maintenance of the private roadway, common areas, ongoing maintenance of drainage structures and facilities, and ongoing removal of invasive plant species (French broom,pampas grass, etc.) from the property. 33. A mitigation monitoring consultant may, in the Town's discretion,be retained by the Town at the project sponsor's expense to provide monitoring of the project and its mitigation measures, as set forth in the approved Mitigation Monitoring Program. Prior to issuance of a grading permit for the subdivision improvements, the project sponsor shall enter into a written agreement with the Town and submit a deposit for the anticipated cost of retaining the mitigation monitoring consultant to perform said work. The agreement shall contain provisions for post- construction monitoring and vegetation replacement in addition to monitoring during project construction. 34. The Final Map shall indicate that this property cannot be further subdivided. TIBURON PLANNING COMMISSION RESOLUTION 2016-02 FEBRUARY 24,2016 8 E°HIBBIT N0. 35. The Final Map shall contain a note or notes referencing the various limitations and restrictions contained within the Alta Robles Precise Development Plan,and shall include one or more Public Information Sheets showing building envelopes and describing other zoning limitations, as determined by and to the satisfaction of the Director of Community Development. 36. Traffic mitigation fees shall be paid prior to issuance of a building permit for each residence in accordance with the adopted fee schedule at that time,unless said building permits are issued within the one-year vested time period of this approval, in which case said fees shall be based on the fee schedule in effect on the date of approval of the Vesting Tentative Map. 37. All fees and deposits required by the Town or other agencies having jurisdiction shall be paid prior to the Town's approval of the Final Map or issuance of any grading permit,whichever comes first. 38. Violations of the permit or permit conditions shall be subject to stop-work orders, fines, penalties, and all other enforcement methods authorized by law. 38. This approval shall be valid for three years and shall expire and become null and void unless a Final Map is approved and recorded, or unless a time extension is granted. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon on February 24,2016,by the following vote: AYES: COMMISSIONERS: Corcoran,Kulik, Weller, Williams NAYS: COMMISSIONERS: None ABSENT: COMMISSIONERS: Welner DAVID KULIK, CHAIR TIBURON PLANNING COMMISSION ATTEST: DANIEL WATROUS, SECRETARY TIBURON PLANNING COMMISSION RESOLUTION 2016-02 FEBRUARY 24,2016 9 E°iiiisIT N0. I 0 o� °i RECORDING REQUESTED RETURN TO: TOWN CLERK TOWN OF TIBURON 1505 TIBURON BOULEVARD TIBURON, CA 94920 RESOLUTION NO. 09-2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMPLIFYING AND SUPPLEMENTING PROVISIONS OF TITLE IV, CHAPTER 16 SECTION 16-21.020 (F) OF THE TIBURON MUNICIPAL CODE (ZONING) WITH RESPECT TO PLANNED DEVELOPMENT#20 BY APPROVING A PRECISE DEVELOPMENT PLAN (ALTA ROBLES PDP) AND ADOPTING A MITIGATION MONITORING PROGRAM ASSESSOR PARCEL NOS. 039-021-13 and 039-301-01 WHEREAS,the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Town of Tiburon has designated 52.21-acres of land located between Paradise Drive and Hacienda Drive Road as Residential Planned Development(RPD) on the Zoning Map and in the zoning regulations of the Tiburon Municipal Code, Title IV, Chapter 16, at Section 16-14.020 (B),with a further zoning designation of Planned Development#20 on the Planned Development Map in the aforesaid Section. All future Tiburon Municipal Code Section references in this resolution and its attachments shall be to Title IV, Chapter 16 (Zoning)unless otherwise specified. B. Tiburon Municipal Code Section 16-21.030 (D[3])provides zone regulations for the RFD zone, specifying the approval of a Precise Development Plan prior to subdivision, grading, or the making of improvements on property so designated. Basic zoning parameters such as density of development,floor area limits,height limits, and setbacks are to be specified in an approved Precise Development Plan for the property,based on site-specific characteristics to which an appropriate amount and layout of development may be tailored. The intent of the RPD zone is set forth as follows: The Residential Planned Development(RPD) Zone is intended to protect and preserve open space land as a limited and valuable resource without depriving owners of a reasonable use of their property for residential purposes. The regulations of the zone are designed to insure,to the extent feasible,the conservation of natural resources and the retention of land in its natural or near TIBURON TOWN COUNCIL RESOLUTION NO.09-2012 02/15/2012 1 TV EX111BsIT NO. Z P , l ok natural state in order to, among other things, assist in the containment of urban sprawl and protect the community from the hazards of fire,flood, seismic and other catastrophic activity, and to otherwise implement the goals and policies of the General Plan. C. Tiburon Municipal Code Section 16-52.060 (B) establishes the Precise Development Plan purposes as follows: 1. To provide for review by the Town a detailed development proposal for a designated area with unique site characteristics or environmental conditions, in both written and graphic form,to ensure that new development in such areas is compatible with the existing land uses, development standards (including but not limited to, setbacks or building envelopes, coverage limits, and height limits) and identified constraints; 2. To demonstrate consistency of a development proposal with the goals and policies of the General Plan; 3. To preserve and conserve critically limited open space for the protection of the ecology and the environment, and to safeguard against the adverse impacts of fire,noise,water pollution,the destruction of scenic beauty and hazards related to geology, fire and flood,while at the same time providing a reasonable use of the land. Section 16-52.060 (E) sets forth principles to be applied in the review of Precise Development Plan applications. Section 16-52.060 (D) declares approval of a Precise Development Plan by the Town Council to be a legislative act. D. The Town of Tiburon has received and considered an application filed by Irving&Varda Rabin for a Precise Development Plan (the Alta Robles Precise Development Plan)to augment and supplement provisions of Section 16-21.030(D[3]) of the Tiburon Municipal Code specific to Planned Development#20 by proposing the development of fourteen single family lots and appurtenant improvements, and three open space parcels, on an approximately 52.21-acres of land. The proposed Alta Robles Precise Development Plan would establish a maximum density of 0.27 dwelling units per acre (exclusive of any secondary dwelling units), and provide a basic layout and RPD zoning district parameters for the property,including but not limited to, permanent open spaces,building footprints, residential use areas,height limits, and floor area limits. E. The Alta Robles Precise Development Plan application consists of File#30701, on file with the Town of Tiburon Community Development Department. 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 hearings. TIBURON TOWN COUNCIL RESOLUTION NO.09-2012 02/152012 2 E°iiIBIT N0. 2� (� r la (a F. The Planning Commission held duly noticed public hearings on the Precise Development Plan application on January 26 and April 13, 2011. On April 27, 2011,the Planning Commission adopted Resolution No. 2011-10 recommending to the Town Council conditional approval of the project with, among other modifications,the elimination of Lots 8, 9, 10 and 13. G. An Environmental Impact Report(EIR) analyzing the project was certified by the Town Council on August 3,2011. H. The Town Council has previously and by separate resolution adopted Findings of Fact pursuant to the California Environmental Quality Act and has adopted findings of overriding considerations to approve the project despite remaining significant environmental effects. I. The Town Council held a duly noticed public hearing on the Precise Development Plan application on August 3,2011, at which it heard and considered testimony from interested persons. The Town Council subsequently deliberated further on the application at public meetings held on August 31, 2011,November 16,2011, and February 15, 2012. The Town Council finds,based upon application materials and analysis presented in the staff report and the certified Final EIR that the proposed project, as modified by conditions of approval, is on balance consistent with and furthers 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 official record for this project. J. The Town Council finds that the specific design characteristics of the proposed homes, as presented by the applicant, are a critical factor in the Town's approval of the project. The applicant has publicly agreed, and it is mutually understood between the Town and the applicant,that the homes to be constructed on Lots 2 through 14 shall be closely based on, and in exterior appearance shall resemble as closely as possible,the homes as shown in the Alternative 6 drawings revised through January 25,2012, as presented to the Town Council on February 15, 2012, as may be modified pursuant to Condition No. 2 of this Resolution. Section 2. Conditional Annroval of Precise Development Plan. BE IT FURTHER RESOLVED that the Town Council hereby approves the Alta Robles Precise Development Plan (PD#20) subject to the following conditions and modifications: 1. Contents. The approved Alta Robles Precise Development Plan shall consist of the following: Precise Development Plan for Alta Robles, Tiburon, California, including Architectural Design Guidelines prepared by IPA, Inc., dated March 1, 2007; plans prepared by CSW/Stuber-Sroeh Engineering Group, Inc., TIBURON TOWN COUNCIL RESOLUTION NO.09-2012 02/152012 3 E rHIBIT N0. P- 3JlJ dated 05-08-07; and the Alta Robles Precise Development Plan (a.k.a. Alternative 6) prepared by Kao Design Group,January 25, 2012, and as amended and modified by mitigation measures and conditions of approval contained herein. 2. Modifications to Precise Development Plan. The following modifications shall be made to the Alta Robles Precise Development Plan application, as modified through Alternative 6, shall be modified as follows: a. No major accessory buildings or structures (including but not limited to buildings, detached garages and pools) shall be permitted between the significant ridgeline and a line parallel to the building footprint closest to the ridgeline for Lots 8, 9, 10, 11 and 12. b. No accessory buildings or structures (including buildings and detached garages) shall be permitted west of the significant ridgeline for Lot 12. Within ninety(90) days following the effective date of this Resolution,the applicant shall submit a complete set of the drawings and documents referenced above incorporating all changes required by the conditions of approval and project modifications made in this Resolution to the Community Development Department for review and acceptance as being in substantial conformance with this approval. This update shall also include and required changes to the Landscape, Tree Removal and Vegetation Management Plans prepared by Jim Catlin,Landscape Architect, dated March 2006 (16 sheets). 3. Lot 1 Parameters.Lot 1 is currently developed with an 8,000+ square foot single family dwelling,tennis court,pool,pond, garden and landscaped areas and other ancillary improvements. Lot 1 is subject to the 8,000 square foot floor area guideline limit as set forth in the Tiburon Municipal Code. The height limit for the main building is 28 feet and the tennis court must be unlighted.Any additional floor area on Lot 1 must first secure a floor area exception as set forth in Section 16-52.020(1) of the Tiburon Municipal Code, or successor sections thereto. Additional improvements on Lot 1 shall be confined to the residential use area except as otherwise approved herein. The Rabin Private Zone portion of Lot 1 shall be subject to the provisions of Condition No. 11 below regarding establishment of open space, scenic and/or resource conservation easements. No additional buildings are allowed in the Rabin Private Zone beyond the existing storage shed located adjacent to Lot 5, which may be maintained in good repair but may not be enlarged or the use altered without prior approval by the Planning Commission. 4. Maximum Density Established. In furtherance of Section 16-21.040 (C[21) of the Municipal Code,this Precise Development Plan approval establishes a TIBURON TOWN COUNCIL RESOLUTION NO.09-2012 02/15/2012 4 E uiiisIT N0. 2 P' 4 0( la maximum density of 0.27 dwelling units per acre (14 primary dwellings,not including any Town-approved secondary dwelling units incidental to primary dwellings) on the 52.21 acre site and is intended to reflect the ultimate development of the property. No additional subdivision for the purpose of creating additional lots and/or building sites is permitted, and a note to that effect shall be placed on the final subdivision map. 5. Floor Area and Height Maximums Established.In furtherance of Section 16- 52.020 (I[3]) of the Municipal Code,this Precise Development Plan approval establishes the limit of"floor area, gross", as defined in Section 16-100.020(F) therein(except that all basement area shall be counted as floor area), and"height", as defined in Section 16-100.020 (H)therein,that may be constructed on each lot as set forth in attached Exhibit A, incorporated herein. If any discrepancy between the approved drawings and Exhibit A exists,the latter shall control. It is understood that the floor area for each lot as specified above is a maximum allowable square footage, and the Town may, in its reasonable discretion in reviewing Site Plan and Architectural Review applications for each lot, approve a lesser amount of square footage and/or height. Exhibit A also establishes a floor area allowance not to exceed five hundred(500) square feet for the construction or installation of detached accessory buildings. The allowance shall not be used for detached garages, carports, or secondary dwelling units, but may be used for a pool house, cabana,tool/garden shed,or similar structure,the use of which is clearly subordinate and incidental to the main building. Detached accessory buildings shall not exceed fifteen(15) feet in height above grade.No additional floor area shall be granted for a secondary dwelling unit, which may only be permitted as an attached structure within the footprint and allowable floor area of the single-family dwelling on a lot. 6. Significant Ridgeline Setback. No swimming pools, spas, or structures other than wood and wire fences, driveways, and retaining walls supporting driveways shall be allowed within fifteen(15) linear feet of significant ridgelines 5 and 6 as depicted on Sheets EXH 22 and 23 of the approved drawings. 7. Accessory Buildings and Fences.Accessory buildings or structures and other improvements, including patios, decks,pools, spas,fountains and water features, built-in barbeques,play structures, arbors, gazebos, tool sheds,fences, landscape walls, and parking areas shall be limited to the "residential use area" (RUA)of each lot as shown on the Sheets EXH 22 and 23 of the approved drawings. Fences shall not exceed six (6) feet in height and landscape walls shall not exceed four (4) feet in height. All such fences shall be a wood and wire design matching specifications approved herein. 8. Tennis Courts.Additional tennis courts (beyond the single existing court on Lot 1) are prohibited. TIBURON TOWN COUNCIL RESOLUTION NO.09-2012 02/152012 5 E°iiiFsIl' N0. Z 1 9. Common private open space. In furtherance of Section 16-21.040 (A) of the Municipal Code,this Precise Development Plan approval establishes a designation of"common private open space"for Lots A, B and C, and in furtherance of Section 16-21.030(D[3] of the Municipal Code, said Lots A,B, and C shall be protected by open space, scenic, and/or resource conservation easements to be offered for acceptance to the Town of Tiburon by separate instrument as part of the final map application. Said easements (if accepted)shall be recorded in conjunction with the recordation of the final map and their official records reference shall be placed on the final map. Said easements shall acknowledge, as necessary, any existing improvements (such as the three 19 foot- high water storage tanks on Lot C),any required roadway, drainage and/or 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 approval or permits issued in reliance thereon. All easement or dedication documents associated with this Precise Development Plan approval shall be reviewed and approved by the Town Attorney and Director of Community Development prior to acceptance for filing of any final map application. 10. Improvements Outside of Residential Use Area. In furtherance of Section 16- 21.040 (A) of the Municipal Code, no improvements of any type, including fencing, shall be permitted on any lot outside of the approved RUA for each lot, with the exception of driveways,retaining walls necessary to support driveways, subdivision improvements and other improvements clearly contemplated by this Precise Development Plan approval,including the project's mitigation measures. 11. Lot Areas Outside the RUA.In furtherance of Section 16-21.030(D[3])of the Municipal Code, all portions of private lots outside the RUA shall be protected by an open space easement or easements offered for acceptance to the Town of Tiburon by separate instrument as part of the final map application. Said open space easement or easements shall be recorded in conjunction with the recordation of the final map and their official records reference shall be placed on the final map. The open space easement limitations shall not apply to improvements clearly contemplated in this Precise Development Plan, such as,without limitation,the private roadways serving the subdivision; driveways,retaining walls necessary to support driveways; utilities; landslide repair devices and re-vegetation;drainage ditches; existing water tanks and other existing improvements, or other ancillary improvements necessary for installation of the subdivision improvements. 12. Rabin Private Zone on Lot 1. In furtherance of Section 16-21.030 (D[31)of the Municipal Code,the area designated as Rabin Private Zone on Lot 1 shall be reserved for natural resource protection and scenic view preservation.A natural resource protection and scenic view preservation easement shall be offered for acceptance to the Town of Tiburon by separate instrument as part of the final map TIBURON TOWN COUNCIL RESOLUTION NO.09-2012 02/15/2012 6 EXHIBIT N0. 2 P, 6 ,4 application. Said easement shall be recorded in conjunction with the recordation of the final map and its official records reference shall be placed on the final map. Said easement shall acknowledge, if necessary, any existing improvements,any required roadway, drainage and/or utility easements and any landscape installation (e.g. mitigation planting) and maintenance agreements that are required or reasonably foreseeable in this Precise Development Plan approval. 13. Design Guidelines. All residential improvements constructed on the property shall substantially conform to the Alta Robles Architectural Design Guidelines dated 3/6/2007, as amended by this approval. Within ninety (90) days following the effective date of this Resolution, said Guidelines shall be updated and revised to reflect mitigation measures and conditions of approval herein to the satisfaction of the Director of Community Development. Said guidelines shall also be part of the draft CC&R's submitted for review and acceptance by the Town Attorney with the tentative subdivision map application and shall be recorded in conjunction with the final map. 14. House Designs and House Footprints. Individual house designs and house footprints submitted for Site Plan and Architectural Review approval for Lots 2 through 14 shall be closely based on, and in exterior appearance shall resemble as closely as possible,the homes as shown in the Alternative 6 drawings as approved herein. It is the express intent of the Town Council that future amendments to the adopted Precise Development Plan regarding exterior house design characteristics (including footprint) be avoided to the maximum extent feasible through strict adherence to the approved PDP drawings. In reviewing Site Plan and Architectural Review applications,Town staff and the Design Review Board are directed to disallow substantive exterior changes, except for a reduction in house size and/or height,to the drawings approved herein, as being inconsistent with this Precise Development Plan. 15. Colors and Materials. Colors and materials of homes and accessory buildings and structures shall be low-reflectivity,medium and/or dark hues that minimize contrast with surroundings and reduce visual impacts. 16. Retaining Walls and Screening. The appearance of any publicly-visible project retaining walls (including debris catchment fences or walls) shown on the subdivision improvement drawings in excess of forty-two (42) inches in height shall be subject to review and approval by the Design Review Board (DRB)prior to approval of said drawings. Where publicly visible, all subdivision improvement-related retaining walls and bridge piers shall have the appearance of rock, such as would be found native on the site,to provide a natural look, and shall be medium to dark in color to reduce contrast. Any DRB approval shall include appropriate landscape screening for such structures. Bonding or other monetary security for the irrigation,maintenance and replacement of retaining TIBURON TOWN COUNCIL RESOLUTION NO.09-2012 02/15/2012 7 EXHIBIT N0. Z wall landscaping for the lifetime of the retaining walls shall be secured by the Town prior to recordation of the final 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, 17. Landscaping.Any disturbed open space areas shall be landscaped with native plants immediately following the landslide repair and/or subdivision improvement/home construction work. Additionally, all landslide repair areas shall be hydro-seeded with native grasses following grading for dust control and soil stability in accordance with geotechnical engineering recommendations.No new landscaping or vegetation shall be planted on any private open space area other than that approved as part of a detailed landscape plan and native plant palette to be submitted with the tentative subdivision map application and incorporated into the subdivision improvement drawings. 18. Landscape Transition. The Precise Development Plan landscape drawings for the private lots shall be revised to require a gradual transition of landscaping within the residential use areas from the suburban-type landscaping of the RUA to the more natural-appearing vegetation found in the private open space portions of lots and areas outside the residential use area. 19. Detailed Landscape Plan. A detailed landscape plan for the subdivision improvement phase of the project shall be prepared as part of the subdivision improvement drawing submittal and shall be reviewed and approved by the Design Review Board. This landscape plan shall include removal of any remaining invasive plant species; review of common area plantings, entry landscaping,retaining wall screening, and any landscaping required in adopted mitigation measures. Infrastructure and subdivision improvement-related landscaping must be supported by a functional,reliable, and appropriate irrigation system for which maintenance is guaranteed by the homeowner association. Mechanisms shall be instituted in the CC&R's and/or elsewhere as appropriate that provide the Town the right,but not the obligation,to compel maintenance of such landscaping at homeowner association expense if deemed necessary by the Town. 20. Tree Plan. A detailed Tree Protection and Replacement Plan shall be submitted with the subdivision improvement drawings to set forth protection measures for trees to be retained during project construction and to implement Mitigation Measure 5.5-5 and shall be reviewed and approved by the Director of Community Development and Director of Public Works. Said Plan shall be subject to third party review by a professional biologist of the Town's choosing at the applicant's sole expense. TIBURON TOWN COUNCIL RESOLUTION NO.09-2012 02/152012 8 E°iiiBIT N0. 2 21. Private Open Space Bollards. As described on p. 49 of the Alta Robles Draft EIR,three-foot high permanent bollards with plaques shall be installed at intervals of approximately 60 feet between the boundary of the residential use areas and the private open space areas of each lot. Said bollards shall be maintained in good condition at all times by the homeowner's association for the subdivision. 22. Roadway Lighting. If lighting is proposed for the project roadways, lighting details shall be reviewed by the Design Review Board prior to the approval of subdivision improvement drawings for the project. All roadway lighting shall be shielded downlights to the satisfaction of the Design Review Board. 23. Restrictions and Agreements. Draft CC&R's, deed restrictions, and/or joint maintenance agreements or other similar binding and recordable instruments 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 subdivision map application("CC&Rs"). Said CC&Rs acceptable to the Town Attorney 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. These CC&Rs shall contain, without limitation, provisions for ongoing maintenance of the private roadway, common areas,ongoing maintenance of drainage structures and facilities, ongoing maintenance and replacement of open- space bollards, landslide mitigation structures, and ongoing removal of invasive plant species (French broom,pampas grass, etc.) from the property, and shall be recorded in conjunction with the final map. Said CC&Rs shall also include the house design limitations set forth in Condition No. 14 and shall establish,to the satisfaction of the Town Attorney, the property owner and/or homeowners association for the Alta Robles subdivision as the primary and principal enforcer(s) of said house design limitations, such that Precise Plan Amendment requests to the Town of Tiburon regarding house designs or other lot development parameters are limited to the maximum extent feasible The CC&Rs shall grant to the Town of Tiburon the authority but not the obligation to ensure that the provisions of the Precise Development Plan are adhered to and implemented in an ongoing manner for the life of the subdivision. The Town of Tiburon will be a third-party beneficiary with independent rights of enforcement, as determined in the reasonable discretion of the Director of Community Development and Town Attorney. The CC&R provisions pertaining to the Precise Development Plan may not be amended without Town of Tiburon's prior consent, and shall contain a separate clause to that effect. 24. Vehicular Access to Project.All vehicular access shall be from the primary access road connecting to Paradise Drive near the northern edge of the property, except as otherwise allowed by Condition No. 26 below. There shall be no TIBURON TOWN COUNCIL RESOLUTION NO.09-2012 02/15/2012 9 E°riinIT N0. 2- �, 61 J la vehicular access from Hacienda Drive except for emergency vehicle purposes. 25. Traffic Study at Project Entry. The certified EIR concluded that at present, traffic speeds near the proposed project entry are such that adequate sight distance would be achieved without additional mitigation. Applicant has agreed that this situation could change prior to installation of the subdivision improvements at some unknown future date, and that an updated study may reach a different conclusion than was reached in the EIR. Applicant has therefore agreed that,not more than ninety(90) days prior to submitting the final map application and subdivision improvement drawings, applicant will retain a qualified traffic consultant to perform a traffic study, at applicant's expense and to the Town Engineer's specifications. The traffic stuffy will ascertain the average speed of vehicles near the proposed project entry. The Town Engineer will determine, in his sole discretion,whether the retaining wall and associated improvements set forth in Mitigation Measure 5.1-4 from the Draft EIR are required as mitigation at that time, in which event such improvements must be installed. Mitigation Measure 5.1-7 shall be applied in any event. 26. Existing Project Entry. Upon completion of the improvements for this subdivision,the existing access roadway leading from Paradise Drive to the residence at 3825 Paradise Drive, located at the farthest eastward edge of the property, shall be used for emergency vehicle and Lot 1 access only and shall be secured and gated for that purpose to the satisfaction of the Town Engineer and the Fire Marshal of the Tiburon Fire Protection District. This access point shall not be used for project construction. 27. Public Recreational Trail.Applicant shall survey, design, and install a traversable public access recreational trail within the easement immediately north of Hacienda Drive. Said trail shall be designed as part of the subdivision improvement drawings. The design shall include installation of six (6) foot-high solid fencing at the northwestern edge of the trail nearest 139 Hacienda Drive that will to the maximum extent feasible prevent trail users from approaching the shared property line of that property with the Alta Robles property and thus protect the privacy of occupants of 139 Hacienda Drive. Applicant-performed trail work shall be done as part of the subdivision improvement phase of the project. Alternatively,with Town Engineer consent, applicant may make a monetary contribution to cover fully the Town's estimated reasonable costs of designing, surveying and installing said path. If an in-lieu monetary contribution is proposed instead of applicant installation,then said payment shall occur prior to recordation of the final map. The amount of any monetary contribution shall be based on an estimate by the Town Engineer.Notwithstanding this condition, Town and applicant may agree to an earlier installation of the public path improvements by separate agreement that would satisfy this condition. TIBURON TOWN COUNCIL RESOLUTION NO.09-2012 02/152012 10 E HIBIT N0. Z P, (Q 04- (a 28. Removal of Junk Materials.As part of the installation of the subdivision improvements, applicant shall remove or replace dilapidated fencing and fence- posts, and shall remove litter, garbage, and other junk materials from the entire site. 29. Debris catchment fences. All proposed debris catchment fences and/or walls shall be shown on the subdivision improvement drawings. Where such fences or walls are proposed to be located in, or would require access through, sensitive resource areas, alternative solutions shall be explored that would avoid to the extent feasible impacts on sensitive resources. 30. Fire Access Easements.Fire apparatus access areas shown on Lot 1 shall be shown as easements for emergency vehicle use and offered for dedication as such on the final map to the satisfaction of the Town Engineer and Fire Marshal. 31. Construction Management Plan. The Construction Management Plan contained in the March 2007 Alta Robles project submittal is illustrative only. A detailed Construction Management Plan shall be prepared and submitted with the final map application and subdivision improvement drawings for review and approval by the Town Engineer and Director of Community Development. The Construction Management Plan shall,without limitation, outline the sequence and estimated timing of subdivision improvement installation; and shall comprehensively address construction staging areas, construction parking, materials storage, soil stockpiling, debris boxes,portable restrooms, and protective fencing for the subdivision improvement installation phase of the project. The Construction Management Plan shall specify an aggressive subdivision improvement installation schedule. In no event shall installation exceed a period of three (3) calendar years.No parking or staging of construction vehicles shall be permitted along or adjacent to Paradise Drive. 32. Grading Period. All grading involving the use of heavy construction equipment shall be limited to the period between April 15 and October 31. The Building Official may authorize limited extensions of time to this period in his reasonable discretion. 33. Smoking.No smoking shall be permitted on site by any person, contractor or employee during any phase of project construction. A water truck shall be present on the site during vegetation removal. These requirements shall be noted on the subdivision improvement drawings and shall be incorporated into the contract and the construction documents for the contractor(s)performing the work. 34. Expiration.This Precise Development Plan approval shall be valid for thirty-six (36)months following its effective date, and shall expire unless a time extension is granted or a tentative subdivision map has been approved in reliance on this TBURON TOWN COUNCIL RESOLUTION NO-09-2012 02/15/2012 1 F°nIBSIT N0. 2 P- \k ok �� Precise Development Plan, in which instance the Precise Development Plan shall remain valid coterminous with the tentative map approval. Section 3. Adoption of Mitigation Monitoring Program. BE IT FURTHER RESOLVED that the Town Council hereby adopts a Mitigation Monitoring Program(MMP) for the project, attached hereto as Exhibit B and incorporated herein. Applicant shall bear all costs associated with implementation of the MMP. Section 4. Effective Date. BE IT FURTHER RESOLVED that this Precise Development Plan approval shall become effective thirty(30) days after adoption of this Resolution,pursuant to Section 16-52.060 (D) of the Tiburon Municipal Code. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on February 15, 2012 by the following vote: AYES: COUNCILMEMBERS: Collins,Doyle,Fraser, Fredericks, O'Donnell NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JIM FRASER,MAYOR Town of Tiburon ATTEST: DIANE CRANE IACOPI,TOWN CLERK Attachments: Exhibit A(Table of Floor Areas and Heights) Exhibit B (Mitigation Monitoring Program) TIBURON TOWN COUNCIL RESOLUTION NO.09-2012 02/15/2012 12 E"HIEIT N0. 2 P. it J la RESOLUTION NO. (Draft)-2016 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A VESTING TENTATIVE SUBDIVISION MAP FOR A 14-LOT SUBDIVISION AT 3825 PARADISE DRIVE (PD#20,ALTA ROBLES PROJECT) ASSESSOR'S PARCEL NOS. 039-021-13 AND 039-301-01 WHEREAS,the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findines. A. An application for Vesting Tentative Subdivision Map to subdivide 52.21 acres of land into fourteen (14)residential lots has been received from SODA,LLC. The subject property is located between Paradise Drive and Hacienda Drive and is identified as Assessor's Parcel Nos. 039-021-13 and 039-301-01. B. The application consists of the following: 1. Land Development Application Form and supplemental application information received September 8, 2015. 2. Vesting Tentative Map (9 sheets) entitled"Vesting Tentative Map, Rabin Subdivision,"received December 22,2015,prepared by CSW/Stuber-Stroeh Engineering Group,Inc. 3. Draft Declaration of Covenants, Conditions and Restrictions of Alta Robles, received September 8, 2015. 4. Mitigation Monitoring, and Reporting Program for Biological Resources, prepared by LSA Associates, Inc., dated May 3,2013. 5. Biological Assessment Alta Robles Residential Development,prepared by LSA Associates,Inc.,received September 8, 2015. 6. Biological Information to Support the Vesting Tentative Map Application,Alta Robles Project,prepared by LSA Associates,Inc., dated December 16,2015. C. The Town Council finds that a Final Environmental Impact Report was certified by the Town Council in 2011 for this project in conformance with the requirements of the California Environmental Quality Act, and that no further environmental review is required. D. The Planning Division and the Town Engineer have reviewed the project in accordance with applicable regulations and have recommended conditional approval of the application, as set forth in the Staff Report dated March 16, 2016. TIBURON TOWN COUNCIL RESOLUTION(Draft)-2016 MARCH 16,2016 1 EAH BSIT N0. 3 q- E. The Planning Commission held a duly-noticed public hearing on February 24,2016, and adopted Resolution No. 2016-02 recommending approval with conditions of the Alta Robles Vesting Tentative Map application to the Town Council. F. The Town Council held a duly-noticed public hearing on March 16, 2016, and has heard and considered testimony from interested persons. G. The Town Council finds that the application, as conditioned, is consistent with the goals and policies of the Tiburon General Plan. The Council further finds that the application is in conformance with the provisions of the Alta Robles Precise Development Plan and is consistent with the provisions of Chapter 14 of the Tiburon Municipal Code regulating the subdivision of land. Section 2. Recommendation for Approval. NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the Alta Robles Vesting Tentative Map application(File#TM2015001), subject to the following conditions: Public Works &Engineering 1. All of the following requirements of the Town Engineer shall be met prior to the approval of the Final Map, including the ability to provide all essential utilities to the site. Two copies of a recent(within six weeks of submittal)preliminary title report,plus traverse calculations in electronic form, shall accompany the Final Map submittal. The Final Map shall be prepared in conformance with the standards of the Town of Tiburon and the standards of the State Subdivision Map Act. 2. All engineering requirements and standards,including but not limited to landslide repair, drainage, dust control,erosion control and winterization, soils stabilization, construction criteria,tree and other resource protection,roadway geometrics, and grading shall be subject to review and approval by the Town Engineer through the subdivision improvement process. Landslide repair shall be based upon the Preliminary Landslide Assessment dated February 28, 2007,prepared by Kleinfelder,Inc.;the Preliminary Geotechnical Investigation dated March 5,2007 and the Response to Geotechnical Peer Review Comments dated January 28, 2008,prepared by Miller Pacific Engineering Group;the Geotechnical Peer Review dated April 16,2007 and the Review of Response to Geotechnical Peer Review,prepared by Herzog Geotechnical; and the several prior geotechnical studies and letters referenced therein. TIBURON TOWN COUNCIL RESOLUTION(Draft)-2016 MARCH 16,2016 2 E;IEBIT N0. 3 P, aa �- I 3. Prior to approval of the Final Map,project sponsor shall enter into a subdivision improvement agreement with the Town of Tiburon and post all required monetary securities. Said agreement shall be recorded with the Final Map. 4. Prior to approval of the Final Map, project sponsor shall submit detailed subdivision improvement drawings addressing without limitation all elements in Condition#2 above for review and approval by the Town Engineer, Director of Community Development, and other applicable agencies. 5. The Final Map shall include all easements shown in the title report dated December 3, 2015, on file with this application, including,but not limited to Items 5, 6, 9, 12, 25,26, 28, 30, 34, and 36 in the title report, and shall include all elements shown on the approved Vesting Tentative Map and Precise Development Plan drawings. 6. The Final Map shall include a site reconnaissance statement in compliance with Section 14-3.4 (a) of the Tiburon Municipal Code. 7. Elevations on the Final Map shall reference current National Geodetic Survey data (NAVD 88), or as required by the Town Engineer. 8. As part of the subdivision improvement drawings submitted with the Final Map application,project sponsor shall incorporate storm water treatment Best Management Practices (BMPs)into the design of the project to the extent practicable and shall include all measures required by Mitigation Measure 5.4-4 of the adopted Mitigation Monitoring Program for the Alta Robles Precise Development Plan. Consideration of BMPs shall include, but not be limited to, the use of grassy swales, landscaped areas, grasscrete, and similar measures in accordance with NPDES and MCSTOPP. All storm drain inlets shall be imprinted with a sign indicating"no dumping, flows to creek." 9. All portions of private lots outside the residential use areas (RUAs) shall be protected by an open space easement or easements offered for acceptance to the Town of Tiburon or,with the approval of the Town,to other public or non-profit entities,by separate instrument as part of the Final Map application. This protection limitation does not apply to improvements and the maintenance thereof contemplated for installation in the Alta Robles Precise Development Plan, such as,without limitation,the private roadways serving the subdivision; driveways, retaining walls necessary to support driveways; utilities; landslide repair devices and re-vegetation; drainage ditches; existing water tanks and other existing improvements, or other ancillary improvements necessary for installation of the subdivision improvements contemplated in the Precise Development Plan or permits issued in reliance thereon, including the subdivision improvement TIaURON TOWN COUNCIL RESOLUTION(Draft)-2016 MARCH 16,2016 3 E°G IBSIT NO. P, 2 � drawings. Open space easement or dedication documents shall be reviewed and approved by the Town Attorney and Director of Community Development prior to acceptance for filing of the Final Map application. Said open space easement or easements (if accepted) shall be recorded in conjunction with the recordation of the Final Map and their official records reference numbers shall be noted on the Final Map. 10. The area designated as Rabin Private Zone on Lot 1 shall be reserved for natural resource protection and scenic view preservation. A natural resource protection and scenic view preservation easement for the Rabin Private Zone shall be offered for acceptance to the Town of Tiburon by separate instrument as part of the Final Map application. Said easement shall be recorded in conjunction with the recordation of the Final Map and its official records reference shall be placed on the Final Map. Said easement shall acknowledge, if necessary, any existing improvements, any required roadway,drainage and/or utility easements and any landscape installation (e.g. mitigation planting) and maintenance agreements that are required or reasonably foreseeable in the Alta Robles Precise Development Plan approval. 11. As described on p. 49 of the Alta Robles Draft EIR, three-foot high permanent bollards with plaques shall be installed at intervals of approximately 60 feet between the boundary of the residential use areas and the private open space areas of each lot. Said bollards shall be maintained in good condition at all times by the homeowner's association for the subdivision. This demarcation shall initially occur as part of the subdivision improvements, and shall be restored as necessary prior to issuance of a certificate of occupancy for each completed residence.A suitable mechanism for this permanent demarcation shall be specified on the subdivision improvement drawings and recorded as a deed restriction or by other appropriate mechanism as determined by the Town. 12. As detailed in the Certified EIR for this project, each residential lot shall be provided with a cistern sufficient to store the additional stonnwater runoff generated by the construction of lot impervious surfaces (such as roof surfaces, driveways, patios, etc.). The cisterns shall store sufficient runoff to enable the proposed project to maintain site peak flows at pre-project levels for the 100-year design rainstorm. 13. If lighting is required by the Town Engineer for the project roadways, lighting details shall be reviewed by the Design Review Board prior to the approval of subdivision improvement drawings for the project. All roadway lighting shall be shielded downlights to the satisfaction of the Design Review Board. Lighting proposed on the subdivision improvement drawings shall be limited to the minimum amount necessary to safely illuminate points of access, as determined TIBURON TOWN COUNCIL RESOLUTION(Draft)-2016 MARCH 16,2016 4 E CHIr9IT NO 3 P, 4 A `i by the Town Engineer. Street lighting maintenance and utility expense (if any) shall be included in the private roadway maintenance agreement. 14. Prior to issuance of a grading permit for the subdivision improvements, the project sponsor shall hold a preconstruction meeting with the Town, all other reviewing agencies associated with the project, and the subdivision improvement contractors. At that time, a final review of the implementation of the mitigation measures and detennination of monitoring responsibilities shall be completed and agreed upon. 15. Not more than ninety (90) days prior to submitting the Final Map application and subdivision improvement drawings,the applicant shall retain a qualified traffic consultant to perform a traffic study, at applicant's expense and to the Town Engineer's specifications. The traffic stuffy will ascertain the average speed of vehicles near the proposed project entry. The Town Engineer will determine, in his sole discretion, whether the retaining wall and associated improvements set forth in Mitigation Measure 5.1-4 from the Draft EIR are required as mitigation at that time, in which event such improvements must be installed. Mitigation Measure 5.1-7 shall be applied in any event. 16. Upon completion of the improvements for this subdivision, the existing access roadway leading from Paradise Drive to the residence at 3825 Paradise Drive, located at the farthest eastward edge of the property, shall be used for emergency vehicle and Lot 1 access only and shall be secured and gated for that purpose to the satisfaction of the Town Engineer and the Fire Marshal of the Tiburon Fire Protection District. This access point shall not be used for project construction. 17. Applicant shall survey, design, and install a traversable public access recreational trail within the easement immediately north of Hacienda Drive. Said trail shall be designed as part of the subdivision improvement drawings. The design shall include installation of six (6) foot-high solid fencing at the northwestern edge of the trail nearest 139 Hacienda Drive that will to the maximum extent feasible prevent trail users from approaching the shared property line of that property with the Alta Robles property and thus protect the privacy of occupants of 139 Hacienda Drive. Applicant-performed trail work shall be done as part of the subdivision improvement phase of the project. Alternatively, with Town Engineer consent, applicant may make a monetary contribution to cover fully the Town's estimated reasonable costs of designing, surveying and installing said path.If an in-lieu monetary contribution is proposed instead of applicant installation,then said payment shall occur prior to recordation of the Final Map. The amount of any monetary contribution shall be based on an estimate by the Town Engineer. Notwithstanding this condition, Town and applicant may agree to an earlier installation of the public path improvements by separate agreement that would TIBURON TOWN COUNCIL RESOLUTION(Draft)-2016 MARCH 16,2016 5 E<`'hiBIT No. satisfy this condition. Affected Agencies &Utilities 18. All applicable requirements of the Tiburon Fire Protection District(TFPD)shall be met or set in place prior to approval of the Final Map. The project sponsor shall provide a letter from the TFPD to that effect. Fire apparatus access areas shown on Lot 1 shall be shown as easements for emergency vehicle use and offered for dedication as such on the Final Map to the satisfaction of the Town Engineer and Fire Marshal. 19. Domestic water shall be supplied by the Marin Municipal Water District. The project sponsor shall comply with all District rules and regulations. The project sponsor shall provide a will-serve letter from the District prior to approval of the Final Map. 20. Connection of all lots to Sanitary District No. 5 is required.All requirements of the District shall be met. The project sponsor shall provide a will-serve letter from the District prior to approval of the Final Map. 21. A will-serve letter from Pacific Gas &Electric Company shall be provided prior to approval of the Final Map. Community Development Department 22. All mitigation measures contained within the adopted Mitigation Monitoring Program for the project shall be implemented prior to finalization of the project by the Town of Tiburon. Project sponsor shall submit with the application for Final Map and the Subdivision Improvement Drawings a detailed narrative describing how these mitigation measures are being complied with, or will be complied with, at the appropriate phase of project development. The Final Map/Subdivision Improvement Drawing application materials shall include/address all adopted mitigation measures generally, and the following Mitigation Measures (MM) specifically,to the satisfaction of the Town Engineer and Director of Community Development: Mitigation Measures CA,D.1(a); D.1(b);D.l(c); D.l(d); D.2(a);D.2(b); D.3; DA; E.2; F.1; I.1; 1.3; and IA 23. No smoking shall be permitted on site by any person, contractor or employee during any phase of project construction. A water truck shall be present on the site during vegetation removal. These requirements shall be noted on the subdivision improvement drawings and shall be incorporated into construction documents for the contractor(s)performing the work. TIBURON TOWN COUNCIL RESOLUTION(Draft)-2016 MARCH 16,2016 6 EXHIBIT N//0. 3 P� G aT 24. As part of the installation of the subdivision improvements, applicant shall remove dilapidated fencing and fence-posts,litter, garbage, and other junk materials from the entire site. 25. The appearance of any publicly-visible project retaining walls (including debris catchment fences or walls) shown on the subdivision improvement drawings in excess of forty-two (42) inches in height shall be subject to review and approval by the Design Review Board (DRB)prior to Town approval of said drawings. Where publicly visible, all subdivision improvement-related retaining walls and bridges shall have the appearance of rock to provide a natural look, and shall be medium to dark in color to reduce contrast. The DRB review and approval shall include appropriate landscaping screening for such walls.Where such fences or walls are proposed to be located in, or would require access through, sensitive resource areas, alternative solutions shall be explored that would avoid to the extent feasible impacts on sensitive resources. 26. A detailed landscape plan for the subdivision improvement phase of the project shall be prepared as part of the subdivision improvement drawing submittal and shall be reviewed and approved by the Design Review Board. This landscape plan shall include removal of any remaining invasive plant species; review of common area plantings, entry landscaping, retaining wall screening, and any landscaping required in adopted mitigation measures. Infrastructure and subdivision improvement-related landscaping must be supported by a functional,reliable, and appropriate irrigation system for which maintenance is guaranteed by the homeowners association. Mechanisms shall be instituted in the CC&R's and/or elsewhere as appropriate that provide the Town the right, but not the obligation,to compel maintenance of such landscaping at homeowner association expense if deemed necessary by the Town. 27. A detailed Tree Protection and Replacement Plan shall be submitted with the subdivision improvement drawings to set forth protection measures for trees to be retained during project construction and to implement Mitigation Measure 5.5-5 and shall be reviewed and approved by the Director of Community Development and Director of Public Works. Said Plan shall be subject to third party review by a professional biologist of the Town's choosing at the applicant's sole expense. 28. All grading involving the use of heavy construction equipment shall be limited to the period between April 15 and October 15. The Building Official may authorize limited extensions of time to this period in his reasonable discretion. 29. Inclusionary housing in-lieu fees, as required by Chapter 16 of the Tiburon Municipal Code, shall be paid prior to recordation of the Final Map. TIBURON TOWN COUNCIL RESOLUTION(Draft)-2016 MARCH 16,2016 7 EXHIMIT N0. 3 p, TO� I 30. Prior to issuance of a grading permit for the subdivision improvements,project sponsor shall obtain and implement provisions of a NPDES General Construction Permit. A Storm Water Pollution Prevention Plan (SWPPP) shall also be obtained and implemented. 31. A detailed Construction Management Plan shall be prepared and submitted with the Final Map application and subdivision improvement drawings for review and approval by the Town Engineer and Director of Community Development.The Construction Management Plan shall,without limitation, outline the sequence and estimated timing of subdivision improvement installation; and shall comprehensively address construction staging areas, construction parking, materials storage, soil stockpiling, debris boxes, portable restrooms, and protective fencing for the subdivision improvement installation phase of the project. The Construction Management Plan shall specify an aggressive subdivision improvement installation schedule. In no event shall installation exceed a period of three(3) calendar years. The Construction Management Plan shall specify that no parking or staging of construction vehicles shall be permitted along or adjacent to Paradise Drive. 32. Final CC&R's, deed restrictions, and/or joint maintenance agreements or other similar instruments for the subdivision shall be prepared and submitted for review and approval by the Town Attorney and Director of Community Development prior to approval of the Final Map, and shall be recorded in conjunction with the Final Map. Said CC&Rs or other instruments acceptable to the Town Attorney shall contain provisions and limitations as set forth in the Alta Robles Precise Development Plan and the certified Final Environmental Impact Report to the satisfaction of the Town Attorney and Director of Community Development. These instruments shall contain, without limitation,provisions for ongoing maintenance of the private roadway, common areas, ongoing maintenance of drainage structures and facilities, and ongoing removal of invasive plant species (French broom, pampas grass, etc.) from the property. 33. A mitigation monitoring consultant may, in the Town's discretion, be retained by the Town at the project sponsor's expense to provide monitoring of the project and its mitigation measures, as set forth in the approved Mitigation Monitoring Program. Prior to issuance of a grading permit for the subdivision improvements, the project sponsor shall enter into a written agreement with the Town and submit a deposit for the anticipated cost of retaining the mitigation monitoring consultant to perform said work.The agreement shall contain provisions for post- construction monitoring and vegetation replacement in addition to monitoring during project construction. TIBURON TOWN COUNCIL RESOLUTION(Draft)-2016 MARCH 16,2016 8 E°riinIT N0. p - 8 �� g 34. The Final Map shall indicate that this property cannot be further subdivided. 35. The Final Map shall contain a note or notes referencing the various limitations and restrictions contained within the Alta Robles Precise Development Plan, and shall include one or more Public Information Sheets showing building envelopes and describing other zoning limitations, as determined by and to the satisfaction of the Director of Community Development. 36. Traffic mitigation fees shall be paid prior to issuance of a building permit for each residence in accordance with the adopted fee schedule at that time,unless said building permits are issued within the one-year vested time period of this approval,in which case said fees shall be based on the fee schedule in effect on the date of approval of the Vesting Tentative Map. 37. All fees and deposits required by the Town or other agencies having jurisdiction shall be paid prior to the Town's approval of the Final Map or issuance of any grading permit, whichever comes first. 38. Violations of the permit or permit conditions shall be subject to stop-work orders, fines,penalties, and all other enforcement methods authorized by law. 38. This approval shall be valid for three years and shall expire and become null and void unless a Final Map is approved and recorded, or unless a time extension is granted. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on March 16,2016 by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ERIN TOLLINI,MAYOR Town of Tiburon ATTEST: DIANE CRANE IACOPI,TOWN CLERK TIBURON TOWN COUNCIL RESOLUTION(Draft)-2016 MARCH 16,2016 9 EXTRIBIT N0. p,Cl aT 9 September 27, 2015 TO: The Tiburon Planning Commission RE: 3825 Paradise Drive Subdivision On September 25, the Seafirth Estates Company, a community of 30 households along Paradise Drive, directly below, and about a quarter mile from 3825 Paradise Drive's entry drive, received notice of the "tentative plan to subdivide 52.2 acres into 14 single family residential lots located at 3825 Paradise Drive" with comments and concerns to be sent to the Tiburon Planning Commission by September 28, 2015. Over the years, our community has read all documents generated by and for this proposed development, attended every public meeting, commented and stated our concerns both in writing and at the mic. We are extremely disappointed that the Town Council did not agree with the Planning Commission's measured, carefully considered and insightful recommendations for the development. We have four major concerns. Recently, we saw the single family Chen home being constructed just below 3825 Paradise and abutting Seafirth. We watched it rise to tower over the homes along Seafirth Road; to become the "new view." Twenty workers' trucks arrived daily at 6:30 a.m., to park along the Seafirth fence on Paradise Drive and all along the narrow shoulders. Erecting an enormous house to loom over our small Seafirth homes and taking over the neighborhood with work vehicles compromises the enjoyment of our properties and diminishes our property values. 1. Please eliminate Lot 13 as per the Planning Commission recommendation: Citation: "Lot 13 would be eliminated due to its visual massiveness when viewed from Paradise Drive, the Seafirth Estates area and Acacia Drive consistent with the direction of General Plan Policies 1LU3 and 01S2C." Moving Lot 13 slightly to the north does not help solve the imposition. EXHIBIT NO.� ? , c Cr 2— 2. Please require that all staging, work and support vehicles for the "Alta Robles" project be contained within the project site. 3. Please increase clustering of all houses to the maximum extent possible. 4. We strongly support the important "Condition of Approval No. 14" regarding Alta Robles house designs. Please do not erode this condition in any way. We are not opposed to the property rights of the developer. But we 30 Tiburon homeowners also have property rights. Sandra I Swanson 2 Seafirth lane Tiburon EXIiinIT N0. T, 2C;F z Dan Watrous From: Douglas Dossey[DDossey @tensilecapital.com] Sent: Sunday, September 27, 2015 5:28 PM To: Dan Watrous Cc: 'Kathrin Dellago'; Douglas Dossey Subject: Alta Robles Comments Dan: My wife, our two sons and I are Seafirth residents (7 Seafirth Place) and, according to Zillow, own the most valuable home in the Seafirth Community. It's also the home that will most likely be impacted to the largest extent in the long term by the over-development of Alta Robles, as our entire home is situated to face the wooded hillside that comprises a portion of the development. Therefore,while I am generally pro-development and, if I owned the land, would also want to maximize financial gain,I very respectfully write to request that the Town of Tiburon, at minimum, eliminate Lot 13 from the plan. I am aware that this change was also proposed by the Planning Commission (only to be rejected by the Town Council): "Lot 13 would be eliminated due to its visual massiveness when viewed from Paradise Drive,the Seafirth Estates area and Acacia Drive consistent with the directionofGeneralPlanPolicies 1 LU3andO1 S2C." If allowed, any home built on Lot 13 will dominate our view and irreparably harm our enjoyment of our property, as well as our property value. Seafirth is a community of 30 households,paying a not insubstantial amount of city and other local taxes, so I therefore hope this reasonable request can be accommodated to the betterment of our community and the Town of Tiburon. Best, Doug Dossey 917-273-9254 E°IIIBIT N0. Dan Watrous From: john kunzweiler Oohnkunzweiler @yahoo.comj Sent: Monday, September 28, 2015 12:42 PM To: Dan Watrous Cc: Michelle Farabaugh Subject: Alta Robles/Rabin Subdivision Dan, Please forward to the Tiburon Planning Commission. I'm writing on behalf of the Norman Way Homeowners Association. We recognize that the Vesting Tentative Map for Alta Robles process is a"routine"one and that the important Precise Plan,approved by the Town Council,remains unchanged. We do want to go on record at this time to cover some developments that have emerged in the years since this project was approved. Managing the impact of these huge projects. The"Chen project"(in the County)illustrates the problem as it created a significant safety hazard wit upwards of 60 construction-related cars parked daily along the shoulder of Paradise during this multi-year project. Paradise is narrow,heavily used,deteriorating and never intended to be a parking lot. We ask that for the Rabin project all construction-related vehicles be parked on-site and that all staging be done on site,from day one. The cumulative impact of these huge projects. Lack of coordination between the County and the Town have led to a situation where,In my rough estimation, between Norman Way and Seahrth,in excess of 125,000 sq.feet of luxuryhousing will be constructed in the next few years(Alta Robles,Sorokko properties, Kilgore lots,3600 Paradise). From a planning policy standpoint as well as from any consideration of safety and neighborhood"peace"this is a horrible cumulative situation. While we are where we are with the various applications,for the sake of health and safety,the planning agencies must work together and consider some kind of logical sequencing of the projects to create a reasonable balance fair to all. Furthermore,such a large supply of new luxury housing In such a small area will saturate the local market,degrade the Immediate area and lead to inevitable construction complications and delays. The General Plans of Tiburon and the County project modest population growth through-out the county,so to have so much high-end Inventory in one very small area seems very contrary to the General Plans,not to mention the Paradise Visioning Plan and basic economic sense. Maybe there Is a way for all interested parties to get together to mitigate this risk. As mentioned above,we will continue to assume that the Alto Robles plan proceeds as specifically approved by the Tiburon Town Council. This project went through extensive discussion and review and we expect all agreements to be honored. Thank you for your consideration John Kunzweiler +1415 706 1996 Tiburon,CA 94920 EiillBIT N0. 6p j September 29th, 2015 To: The Tiburon Planning Commission Re: 3825 Paradise Drive Subdivision On September 25, the Seafirth Estates Company, a community of 30 households along Paradise Drive; directly below, and about a quarter mile from 3825 Paradise Drive's entry drive, received notice of the "tentative plan to subdivide 52.2 acres into 14 single family residential lots located at 3825 Paradise Drive" with comments and concerns to be sent to the Tiburon Planning Commission. Over the years, our community has reviewed the documents generated by and for this proposed development, attended public meetings, commented and stated our concerns. I am very disappointed that back in 2012 the Town Council did not agree with the Planning Commission's measured, carefully considered and insightful recommendations for the development. We have four major concerns detailed below. Recently, we saw the single family Chen home being constructed just below 3825 Paradise and abutting Seafirth. We watched it rise to tower over the homes along Seafirth Road with a mass and bulk that is far in excess of the neighborhood norm. Workers' trucks arrived daily at 7:00 a.m., to park along the Seafirth fence on Paradise Drive and along the narrow shoulders. Erecting an enormous house to loom over our small Seafirth homes and taking over the neighborhood with work vehicles compromises the enjoyment of our properties and diminishes our property values. I fear that this process will be multiplied many times with the proposed construction at 3825 Paradise Drive. 1. Please eliminate Lot 13 as per the Planning Commission recommendation: Citation: "Lot 13 would be eliminated due to its visual massiveness when viewed from Paradise Drive, the Seafirth Estates area and Acacia Drive consistent with the direction of General Plan Policies 1 LU3 and 01 S2C." Moving Lot 13 slightly to the north does not help solve the impact on the ridgeline. 2. Please require that all staging, work and support vehicles for the "Alta Robles" project be contained within the project site. 3. Please increase clustering of all houses to the maximum extent possible. 4. We strongly support the important"Condition of Approval No. 14" regarding Alta Robles house designs. Please do not allow this essential condition to be eroded in any way. We are not opposed to the reasonable property rights of the developer, but neighboring homeowners also have rights, and the scale of this project will have significant negative impacts on our quality of life. David S. Joyner 3 Seafirth Lane Tiburon E°I11151T N0. 7 Chair Kulik lightheartedly commended the applicants on their efforts to reduce emissions from cars in Tiburon by shortening their customers' drives. He felt that the strongest policy pertinent to this use was that"Retail storefronts and active outdoor spaces for community gatherings such as sidewalk cafes which are strongly encouraged." He said that the only practical use for the existing courtyard area would be for alfresco dining or seating for the bakery, so having a little bit of both would be great. ACTION: It was MIS (Williams/Corcoran)to adopt the Resolution approving the conditional use permit. Motion carried: 4-0. ir..� 2. 3825 PARADISE DRIVE: Vesting Tentative Map for the subdivision of a 52.2-acre site (Alta Robles) into 14 single-family residential lots; File#TM2015001; SODA LLC, Owner and Applicant; Assessor's Parcel Nos. 039-301-01 and 039-021-13 Planning Manager Dan Watrous gave the staff report, stating on February 15, 2012,the Town Council approved the Alta Robles Precise Development Plan which created the allotments for 14 homes that could be developed on this property. The applicants are now applying for the vesting tentative subdivision map approval to establish the proposed lot lines for the subdivision. The proposal requests the subdivision of an approximately 52.2-acre parcel located at 3825 Paradise Drive, extending from Hacienda Drive on the south, up to the Tiburon Ridgeline,then downward to Paradise Drive on the north. Fourteen(14)residential lots would be created. There is currently a single family dwelling that exists on one lot and of the other 13 lots,they would range in size from 1.03 to 1.67 acres. Private open space easements and common open space cover approximately 77%of the site. The Vesting Tentative Map application proposes no substantive changes to the project as approved in the Alta Robles Precise Development Plan. All conditions and specifications of the approved precise development plan would continue to be in effect. Staff reviewed the application and found it to be consistent with the Alta Robles Precise Plan, the Tiburon General Plan,the zoning ordinance and the Tiburon subdivision ordinance. Staff concluded that all required findings can be made for conditional approval for this application. Staff recommended that the Commission take public testimony on this item and adopt the draft resolution recommending approval of the vesting tentative map to the Town Council. Commissioner Weller noted that some of the comments from the public invited the Commission to revisit one aspect of the approval. He said that his impression was that the applicant was given the right by the Town Council to build the number of units that this map reflects, and that it was really not in the Commission's jurisdiction to change that. Mr. Watrous confirmed this and said that the precise development plan would need to be amended to make any substantive changes. Chair Kulik added that some of the public comments included concerns about construction parking and staging, and he thought that Condition No. 31 of the draft resolution addressed that TIBURON PLANNING COMMISSION FEBRUARY 24,2016 MINUTES NO. 1061 DRAFT PAGE 3 Q 71KNUDI k NO._S�__ issue. Mr. Watrous stated that concerns about those specific issues were covered in the mitigation measures and conditions of approval. Daniel Rabin, applicant, thanked the Commission and said that they were excited to move forward with this project. He said that this project went through extensive planning and review when the precise development plan was reviewed in 2012 and the culmination of that process was before the Commission today. He said that his family remains committed to the unique vision of this plan and hope it will set an example for thoughtful and environmentally conscious development for generations to come. Chair Kulik opened the public hearing and there were no speakers. He closed the public hearing. , a Commissioner Weller said that he views the Commission's role as very narrow on this application and not one that involves making a decision about the precise development plan that was already debated and approved. He said that the conditions of approval seemed to accurately reflect the concerns from the public comments. To address the neighbors' concerns about construction parking,he recommended a modification to Condition No. 31 to state, "The construction management plan shall specify that no parking or staging of construction vehicles shall be permitted along or adjacent to Paradise Drive."He supported the resolution with that modification. Commissioner Corcoran acknowledged the concerns of nearby neighbors,but stated that the Planning Commission did not have much discretion on this particular application. He thought that some of the construction concerns would be addressed when the construction management plan is submitted in the future. He supported approval of the resolution. Vice Chair Williams agreed with her fellow Commissioners and said that this was a fairly routine process and the Commission's review was quite limited for this application. She appreciated addressing the concerns raised in the letters and said that this is an important role of the Commission. She said that the precise development plan is in full force and effect as are the conditions therein and the applicant has satisfied all conditions regarding additional studies and mitigation requirements to the satisfaction of the Planning Division. She agreed with Commissioner Weller's proposed modification to the construction management plan condition. She felt comfortable making all of the findings the Commission is required to make under the subdivision ordinance. Chair Kulik concurred and thought the resolution addressed the concerns in the letters. ACTION: It was WS (Weller/Williams)that the Planning Commission make findings and adopt the draft resolution, as modified,recommending approval of the Alta Robles Vesting Tentative Map application to the Town Council,with Condition No. 31 amended to state, "The construction management plan shall specify that no parking or staging of construction vehicles shall be permitted along or adjacent to Paradise Drive."Motion carried: 4-0. TIBURON PLANNING COMMISSION FEBRUARY 24,2016 MINUTES NO. 1061 DRAFT PAGE 4 SEP 0 201b TOWN OF TIBURON CANNING DIVISION LAND DEVELOPMENT APPLICATIO TYPE OF APPLICATION o Conditional Use Permit o Design Review(DRB) -yt�Cli tive Subdivision Map o Precise Development Plan o Design Review(Staff Level) o Final Subdivision Map o Secondary Dwelling Unit o Varience(s) # o Parcel Map •Zoning Text Amendment o Floor Area Exception o Lot Line Adjustment •Rezoning or Pezoning o Tidelands Permit o Condominium Use Pemmt o General Plan Amendment o Sign Permit o Certificate of Compliance o Change of Address o Tree Permit o Other APPLICANT REQUIRED INFORMATION SITE ADDRESS: 7875-�.«wa/s/.�t TCsrnr. PROPERTY SIZE:yQrte PARCEL NUMBER: p3cj p7 IM 1; 3"Q ZONING: i2tPD PROPERTY OWNER: -117=14 Zd-C MAILING ADDRESS: Z= S—rW' 'ma., PHONE/FAXNUMBER:^��r�l�(Hi szs-shoo -MAIL:iow+.a(.Z«b �.¢wb 'c.... APPLICANT(Other than Property Owner): /4 T,�re �.Sae7TL/v6tc.[ MAILING ADDRESS: /`// PHONE/FAXNUMBER: rS - Lia. E-MAIL: SL-Htt'2q ew .00[. �.... ARCHITECT/DESIGNER/ENGINEER s W MAILING ADDRESS: ' S '4 ^e e '.A37' A&"Cr CA R4 8os PHONE/FAX NUMBER- Q,ro 883 — !T&E E-MAIL: Please indicate with an asterisk r)persons to wham Torun correspandeace should be sent. BRIEF DES IyyTION OF PROPOSED PROJE T(attach separate sheet if needed): 4-4g W `T .L /YJ.a s� 1S1 T•.•,.� 1°- a.,( �i�llFS.,/.r��' -zot s of-2.ot¢ I,the undersigned owner(or authorized agent)of the property herein described,hereby make application for approval of tine plans submitted and made a part of this application in accordance with the provisions of the Town Municipal Code,and I hereby certify that the information given is true and correct to the best of my knowledge and belief. I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town grants the approval,with or without conditions,and that action is challenged by a third party,I will be responsible for defending against this challenge. I therefore agree to accept this responsibility for defense at the request of the Town and also agree to defend,indemnify and hold the Town harmless from any costs, claims or liabilities arising from the approval, including, without limitation, any award of attorney's fees that fight re It from the third party challenge. Signature. �2 - '� ' Date: *If other than owner,nnust have an authorization letter from the owner or evidence of de facto control of the property or pranises for purposes offling this application DO NOT WRITE BELOW THIS LINE DEPARTMENTAL PROCESSING WORMATION AppllcationNo.:TiYzal5ool - GPDesignation: -* Fee Deposit: 2 Date.Received:'.9�g)Z�lrj Received By:2 Receipt Date Deemed Complete: ] 3I(Ip By:��✓ Acting Body: - Action: Date: Conditions of Approval or Comments: Resolution or Ordinance# �nits XHIB - E IT N0. �- {� i v,=3 Scott L. Hochstrasser IPA, Inc. E-mail slhl ipapaol.com*141 Bolinas Road*Fairfax,CA 94930 USA*Tele(415)459-6224*Cell 415-572-2777 September 8, 2015 HAND DELIVERED _ Scott Anderson, Director Community Development Dan Watrous,Planning Manager SEP 0 8 20 i 5 Town of Tiburon 1505 Tiburon Boulevard PLANNING DIVISION Tiburon, C A94921 RE: Vesting Tentative Map Application for Alta Robles (PDP Resolution#09-2012) Address: 3825 Paradise Drive: APN 039-301-01 Dear Scott/Dan, As you know on February 12, 2012 the Tiburon Town Council adopted Resolution#09-2012 approving the Alta Robles Precise Development Plan with conditions &a Mitigation Monitoring Program. On November 19,2014 the Town Council approved Resolution 449-2014 granting an 18 month time extension of the approved Precise Development Plan extending the expiration date to August 12, 2016. Attached herewith please find the following Vesting Tentative Map Application for the Alta Roble Precise Development Plan (PDP) approval. Where the PDP approval conditions or mitigation monitoring program required specific additional studies,reports and draft CCR's the requirement has been so noted. 1. Town of Tiburon—Land Development Application—Vesting Tentative Subdivision Map, Completed, Signed and Dated 2. Fee Check— SODA,LLC-Wells Fargo Bank-412,To: Town of Tiburon in the amount of $27,505.00. (Dated: 8-31-15) 3. Town of Tiburon Community Development Department Cost Based Fee System Agreement. Completed, Signed and Dated. 4. "Vesting Tentative Map for Alta Robles,Tiburon California: File#30701, - 15 each sets 24"x36" - including 9C sheets,prepared by CSW, St2,Dated 9-1-15, and 2 each sets 11"x17". 5.Draft—"Declaration of Covenants and Conditions and Restrictions of Alta Robles" (Addressing PDP Conditions of Approval: 13,Design Guidelines, Detailed Landscape Plan; 23 Restrictions and Agreements 6. "Mitigation Monitoring, and Reporting Program for Biological Resources,"prepared by LSA 1 E°i,M IT NO. _ q , zof3 in consultation with multiple regulatory agencies. Mitigation Measures 5.5-1(a.b. c,); Mitigation Measure 5.5-5 Conflict w/Tiburon Tree Ordinance & Wetland Policies;Mitigation Measure 5.7- 7 Water Service Impacts (See CSW VTM Page C-3.0) 7. `Biological Assessment Alta Robles Residential Development'prepared by LSA in consultation with multiple regulatory agencies. 8.Letter dated July 8, 2013 —From: LSA; To: Daniel Rabin: Subject: BA, MMRP and Responsible Agency Consultations—pursuant to Mitigation Program requirements 5.5- 1 (a b,c) and 5.5-5 note above in item#6. It is our hope that there will be no need for a further time extension and that the attached Vesting Tentative Map can be approved before the PDP expiration.It is the full intention of the applicants to proceed with the Vesting Tentative Map approval thereby vesting the PDP. Accordingly,please let me know if in staff's opinion there is a potential the attached application is not likely to be approved prior to the PDP expiration date. Thank you in advance for your continued assistance and cooperation regarding this project.As always I look forward to working with you to complete this application and move it forward for Planning Commission recommendations and Town Council approval.Please feel free to contact me and/or anyone on the consulting team with specific questions regarding the above note application materials. S' Scott L. o htrasser, President CC: SODA,LLC 2 EAHIBIT N0. . 0 F