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HomeMy WebLinkAboutTC Res 2016-03-16 (2)RESOLUTION NO. 11-2016 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. Findings. 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 RESOLUTIONNO. 11-2016 MARCH 16, 2016 1 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 RESOLUTIONNO. 11-2016 MARCH 16, 2016 2 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 TIBURON TOWN COUNCIL RESOLUTIONNO. 11-2016 MARCH 16, 2016 3 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 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 TIBURON TOWN COUNCIL RESOLUTIONNO. 11-2016 MARCH 16, 2016 4 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 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 TIBURON TOWN COUNCIL RESOLUTIONNO. 11-2016 MARCH 16, 2016 5 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 C.4, D.1(a); D.1(b); D.1(c); D.1(d); D.2(a); D.2(b); D.3; D.4; 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 TOWN COUNCIL RESOLUTIONNO. 11-2016 MARCH 16, 2016 6 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 NO. 11-2016 MARCH 16, 2016 7 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 NO. 11-2016 MARCH 16, 2016 8 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: Doyle, Fraser, Fredericks, O'Donnell, Tollini NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ATTEST: CI DIANE CRANE IAC4I, TOWN CLERK TIBURON TOWN COUNCIL • ERIN TOLLIN1, MAYOR Town of Tiburon RESOLUTIONNO. 11-2016 MARCH 16, 2016 9