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HomeMy WebLinkAboutTC Agd Pkt 1997-12-03 (2) , TOWN OF TIBURON STAFF REpORT ITEM NO. J MEETING~ To: TOWN COUNCIL From: SCOTT ANDERSON, PLANNING DIRECTOR sk- Subject: RUSD AMENDED AGREEMENT AND PROPERTY TRANSFER, 1101-1185 TffiURON BOULEVARD Date: NOVEMBER 25, 1997 BACKGROUND Since August, the Town has been attempting to secure approval from the Reed Union School District (RUSD) Board of Trustees of an amended agreement concerning use of property at Ned's Way, as well as a property transfer necessary to construct a new police facility at that site. On November 18, 1997, the Board of Trustees of the Reed Union School District adopted a resolution approving the amended land lease and the exchange of property rights, subject to receipt and verification of revised legal descriptions for the affected properties. The matter now comes to the Town Council for similar approval. Upon receipt of the finalized legal descriptions, the Mayor would be authorized to execute the official documents prior to recorqation. ANALYSIS Attached as Exhibit 1 is the finalized Amertded Land Lease and Use Agreement between the Town, RUSD, and the Belvedere-Tiburon Child Care Center (BTCCC), as approved by the RUSD Board. The Board made changes which added certain assurances concerning required parking for the Belvedere- Tiburon Child Care Center, all of which had previously been agreed to by the Town but had not been formally included in the Agreement itself Town Staff, including the Interim Town Attorney, is comfortable with the terms and content of the final Amended Agreement. The legal descriptions which comprise Exhibits A, B, and C of the Amended Agreement have not yet been finalized. However, a map depicting these properties will be available at the meeting for the Town Council's review. Tiburon Town Council Staff Report 12/3/97 1 , SUBSEQUENT ACTIONS REQUIRED Several follow-up steps will be required to finalize the transactions with RUSD and the BTCCC. These include: 1. Recordation of the Parcel Map separating the 1.51 acre proposed senior housing project site from the remainder of the Town-owned property at Ned's Way. The Parcel Map is currently at the Marin County Recorder's Office awaiting recordation. 2. Once the Recorder's number for the Parcel Map is known, the legal descriptions for the property transfers with RUSD can be finalized and forwarded to the RUSD for verification. At that point, authorized representatives of the Town, RUSD, and BTCCC can execute the Amended Agreement and Land Lease, as well as the grant and quitclaim deeds, and record them all. 3. The sale of the 1.51 acre senior housing parcel from the Town ofTiburon to the Redevelopment Agency can be executed. RECOMMENDATION That the Town Council adopt the Resolution (Exhibit 2) approving the exchange of real property rights with RUSD; amending the Land Lease and Use Agreements between the Town, RUSD, and the BTCCC; and authorizing the Mayor to execute the final documents pursuant thereto. EXHmITS 1. Agreement to Amend Land Lease and Use Agreements between the Town, RUSD, and BTCCC. 2. Draft Resolution. \police\agreefin.rpt Tiburon Town Council Staff Report 12/3/97 2 , RECORDING REQUESTED RETURN TO: BUSINESS MANAGER REED UNION SCHOOL DISTRICT 105 A VENIDA MIRAFLORES TIBURON, CA 94920 TOWN CLERK TOWN OF TIBURON 1~5TIBURONBOULEVARD TIBURON, CA 94920 AGREEMENT TO AMEND LAND LEASE AND USE AGREEMENTS BETWEEN THE TOWN OF TIBURON, THE BELVEDEREITIBURON CHILD CARE CENTER AND THE REED UNION SCHOOL DISTRICT ASSK~SOR PARCEL NO. 58-151-23 THIS AGREEMENT is entered into this _ day of December, 1997, by and between the TOWN OF TIBURON ("Tiburon"), the BELVEDERE-TIBURON CHILD CARE CENTER ("CCC") and the REED UNION SCHOOL DISTRICT ("District"). RECITALS: A. Tiburon is the owner of certain real property situated in the Town of Tiburon ("Town Property") described in Exhibit" A." B. Tiburon, District and CCC have entered into a series of agreements pursuant to which District and CCC are entitled to the use of the Town Property for playground and child care center purposes respectively. The first such agreement, between Tiburon and District was dated February 28, 1978, and was amended by an agreement dated September 30, 1987. Subsequent agreements between the aforesaid two parties and CCC or CCC's predecessor in interest, the Belvedere-Tiburon Joint Recreation Committee, were dated August 31, 1987 and November 4, 1994. The aforesaid agreements between the parties, and any and all other agreements and instruments creating an entitlement to use the Town Property, are collectively referenced herein as the "Prior Use Agreements. . C. As a result of the Prior Use Agreements, District and CCC are using a portion of the Town Property, which portion is described in Exhibit "B" (the "Transfer Property"). The remaining portion of the Town Property is not being used by District or CCC and is described in Exhibit "C" (the "Released Property"). D. Tiburon intends to record, prior to the recordation of this agreement, a parcel map (the "Parcel Map") by which District would be granted access and parking rights over a 30 foot wide roadway easement, in the approximate location of the existing 25 foot access and utility easement connecting Ned's Way to the Reed Elementary School property. , E. The Parties agree that it will be to their mutual benefit, upon recordation of the Parcel Map, to modify the Prior Use Agreements such that the District will obtain ownership of the Transfer Property in consideration for the Town regaining the ability to use the Released Property for other public purposes, all as set forth herein. NOW, THEREFORE, BE IT HEREBY AGREED that the parties enter into this Agreement to Amend the Prior Agreements based on the following covenants and conditions: 1. Within 60 days of recordation of the Parcel Map, Tiburon shall convey all of its right, title and interest in the Transfer Property to District by grant deed (the "Grant Deed") in a form substantially similar to that set forth in Exhibit "D", which Grant Deed shall reserve to Tiburon a slope easement over that portion of the Released Property described in Exhibit "B". CCC shall retain its right to use the Transfer Property as set forth in the Prior Use Agreements. Except as otherwise provided herein, District shall acquire all of Tiburon's rights and assume all of Tiburon's obligations arising on or after the date of recordation of the Grant Deed under the Prior Use Agreements with respect to the Transfer Property, which rights Tiburon hereby releases and assigns to District and from which obligations Tiburon is hereby released. 2. Within 60 days of recordation of the Parcel Map, and concurrent with recordation of the Grant Deed, District shall convey all its right, title and interest in the Released Property to Tiburon by quitclaim deed (the "Quitclaim Deed") in a form substantially similar to that set forth in Exhibit "E". CCC hereby releases, waives, and relinquishes to Tiburon, effective as of the recordation of the Grant D~ and the Quitclaim Deed, all of its rights to use, occupy or enjoy the Released Property under the Prior Use Agreements. 3. Prior to the commencement of any construction on the Released Property, Tiburon shall install at its cost a six foot chain link fence at the top of the slope easement area described in Exhibit "B". Tiburon shall maintain the slope easement area and plant and maintain suitable landscaping upon it. 4. Parking along the roadway easement shall be allocated as shown on the attached Exhibit "F". Tiburon shall have the right to joint use of the two parking spaces designated on Exhibit "F" as "time-limited spaces available for general public use" only for so long as such spaces are counted towards the parking requirements of CCC's conditional use permit for expanded enrollment in the 2 same manner and to the same extent as if they were allocated solely to CCC's use, and if said spaces are not so counted toward CCC's parking requirements, said two spaces shall thereafter be allocated exclusively to the use of District and CCC. , 5. The use of the Transfer Property for other than District purposes shall be subject to all normally applicable Tiburon regulations and policies governing land use and development in the Town of Tiburon. 6. Under ~9 of the Land Lease and Use Agreement between Tiburon, District and CCC dated November 4, 1994, CCC is required to offer and maintain a scholarship program to the children of Tiburon employees. CCC shall continue offering and maintaining this program to the children of Tiburon employees for a period of twenty (20) years from the date of this Agreement. 7. Except as otherwise set forth herein, and except as they may have expired by their terms, the Prior Use Agreements shall remain unmodified and in full force and effect. 8. This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit" A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Town Property Transfer Property Released Property Form Grant Deed from Tiburon Form Quitclaim Deed from District Drawing of Parking Allocation along Roadway Easement 9. This Agreement shall be recorded concurrently with the deeds. DATE REED UNIqN SCHOOL DISTRICT DATE BELVEDERE-TIBURON CHILD CARE CENTER DATE TOWN OF TIBURON APPROVED AS TO FORM: DATE revised 11/13/97 TOWN ATIORNEY, TOWN OF TIBURON \police\cccros2.fin 3 - NOTE: The legal descriptions contained within Exhibits A, B, and C hereto are currently being prepared by Bracken & Keane, Civil Engineers. A map depicting these properties will be on display at the Town Council meeting. EXHIBIT "D" , Recording Requested by: Diane Crane Town Clerk of the Town of Tiburon 1155 Tiburon Boulevard Tiburon, CA 94920 APN# GRANT DEED The Town of Tiburon, a municipal corporation ("Grantor"), hereby grants to the Reed Union School District all right, title and interest to the real property situated in the Town of Tiburan, Marin County, California, which is more particularly described in Exhibit . A. attached hereto and incorporated herein. IN WITNESS WHEREOF, the Grantor has subscribed its name this _ day of ,1997. Town of Tiburon GRANT.RUS EXHIBIT "E" - Recording Requested by: Diane Crane Town Clerk of the Town of Tiburon 1155 Tiburon Boulevard Tiburon, CA 94920 APN# QUITCLAIM DEED The Reed Union School District ("Grantor"), hereby quitclaims to the Town of Tiburon, a municipal corporation, all right, title and interest which it may have in and to the real property situated in the Town of Tiburon, Marin County, California, which is more particularly described in Exhibit "A" attached hereto and incorporated herein. IN WITNESS WHEREOF, the Grantor has subscribed its name this day of ,1997. Reed Union School District QurrCLA2.RUS ~ :L ~ ;il' ~ ,~ ~ '" ~ '" m ~j , , -r , --1 CIl'tJ'tJ r!" 0 'i ~ f-' 0 r!" .....'0 I .....(] 0 o ro en I ::l ro 0. \ , "J " ~-- " '. II.... ;..s:,.~~. ~ .S." ... , .... . '...... ':-" J; ......- .~ u '., \, " \ \ '(: lili ~~ ~ > ,fi' t~' " \ 1] " '~~ ~~^~ , ~m~ gi!! ,I !I (;' 0 \ '0 0 en~ 'ro p. ~, 'Cl ; 'i, \ , O. . '0, (t)l 'i 'r!" :< I ,-- ,c.. ..... ~~' ::l ro I ,I I!'~ -~ , " 50" -, ~~ rl , I " .. ~ -=---~. ~-~-I I --~ EXHIBIT "F" :u o ~ 0. I!: ~ '<: t'l ~ en ro III ro ::l r!" " ,\ " , " I \~ \i " II \\ \\ '. \\'\ .\ ',t\ 'II, " ',~ .. ,~. <c- .. 1..__ ~ ~ HI >-3 NO..... 'i S en ro '0,,"' ~ ro f-' (] ::l..... ro ro S en 'i..... ~~r!" f-'ro 0. '0 C en 0''0 f-'~ .....(] (] ro en C en ~ ro <: ~ ..... f-' ~ 0' f-' CD ~ ;d;>~ - ~ c::: " 'i CIl c,/"" ~~ ,,'. ::l tJj '. "" >-3 . (l c, n n \ .... \, \. '. ", " " .1 .~ ,~:.J (~ ), , RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE EXCHANGE OF REAL PROPERTY RIGHTS WITH THE REED UNION SCHOOL DISTRICT; AMENDING A LAND LEASE AND USE AGREEMENT WITH THE REED UNION SCHOOL DISTRICT AND THE BELVEDERE-TIBURON CHILD CARE CENTER; AND AUTHORIZING THE EXECUTION OF DOCUMENTS PURSUANT THERETO ASSESSOR PARCEL NO. 58-151-23 Section 1. Recitals WHEREAS, the Town of Tiburon (Town) owns property bordering Reed Union School District (District) property over which the District currently has use rights for playground and child care purposes, said property more commonly known as 1101 and 1185 Tiburon Boulevard, and WHEREAS, the Town wishes to use a portion of the property encumbered by said use rights for a public purpose, and WHEREAS, the Town and the District wish to exchange property rights in certain property owned by the Town and bordering District property over which the District currently has use rights for playground and child care purposes, whereby the District will quitclaim any use rights over a certain portion of the Town-owned property, and . WHEREAS, the District will release its rights to said use of the property in exchange for a grant of a portion of the Town property, whereby the District will become the owner of the property on which part of its play structure and the Belvedere- Tiburon Child Care Center and its play area are located, and , WHEREAS, the Town is not currently using the portion of the property intended to be conveyed to the District, and WHEREAS, the District will assume the Town's rights and obligations under the prior Land Lease and Use Agreements with respect to the Belvedere-Tiburon Child Care Center, and Tzhuron Town Council Resolution No. 12/3/97 1 WHEREAS, the Town will grant to the District an easement over the roadway which connects Ned's Way to the Reed School property for access and parking, and WHEREAS, the Town and the District have agreed as to the allocation of parking spaces along said roadway. Section 2 Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby approves the Agreement to Amend Land Lease and Use Agreements between the Town of Tiburon, the Belvedere- Tiburon Child Care Center and the Reed Union School District (revision dated November 13, 1997 as amended), grants real property to the District, and accepts a quitclaim of property rights from the District, all subject to the receipt and verification of revised legal descriptions; and further authorizes the Mayor to execute the Agreement, to execute and forward the grant deed for the transfer of property to the District, and to execute and record the quitclaim deed for property rights from the District to the Town, as soon as revised legal descriptions for each of the documents have been received and verified. PASSED AND ADOPTED this 3rd day of December, 1997, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HARRY S. MATIHEWS, MAYOR TOWN OF TIBURON ATIEST: DIANE L. CRANE, TOWN CLERK \police\rusdbtcc.res Tlburon ToWll Council Resolution No. 12/3/97 2 , TOWN OF TIBURON STAFF REpORT ITEM NO. MEETING DATE: 12/3/97 (p To: TOWN COUNCIL From: SCOTT ANDERSON, PLANNING DIRECTOR ~ Subject: CYPRESS HOLLOW ANNEXATION INTEREST: CONSIDERATION OF A RESOLUTION REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO UNDERTAKE PROCEEDINGS FOR ANNEXATION OF THE CYPRESS HOLLOW AREA TO THE TOWN OF TffiURON (Resolution) Date: NOVEMBER 25, 1997 mSTORY The Town of Tiburon attempted to annex what is now the Cypress Hollow Subdivision and adjacent properties in the Bay Vista Drive area in 1986-87. The attempt was rejected by LAFCO, largely for political considerations dealing with the much lower density which could have been allowed on the Cypress Hollow site by the Town of Tiburon (20 units), as opposed to Marin County (55 units). Eventually, the County approved 44 units for the property. Failure to annex the Cypress Hollow property created a domino effect whereby other undeveloped property to the west was also able to develop in the County without annexation to the Town, further suppressing the Town's interest in annexation of properties in the StrawberrylEagle RocklBay Vista area. Tiburon has not annexed any property in this vicinity since the Bel Aire (West Tiburon) annexation in 1984. The Cypress Hollow Subdivision, as well as all of the Strawberry Peninsula and Ring Mountain, are included within Marin County's Strawberry Community Plan, adopted in 1973 and amended in 1982. This document has been the guiding force in the County's approval of all development in the Strawberry area since 1973. BACKGROUND Earlier this year, a majority of property owners of the now-developed Cypress Hollow Subdivision on Tiburon's western border expressed interest in annexation to the Town. Please refer to Exhibit I for a vicinity map showing the subject area. Background information is contained within the Staff Report dated October 1, 1997, attached as Exhibit 2. The Town Council expressed its conceptual support for the annexation at that meeting (see minutes attached as Exhibit 3). Tiburon Town Council Staff Repart 12/3/97 1 ANALYSIS As a first order of business, the new Town Council should discuss whether to proceed along the lines conceptually approved by the previous Town Council; that is, to pursue annexation of the Cypress Hollow Subdivision and explore with LAFCO possible annexation interest by adjacent Barn Road and Rancho Drive residents who are not part of the Cypress Hollow Subdivision. Since all of these areas are already served by a Sanitary District and all other urban services, LAFCO's dual annexation policy would not come into play during the annexation process. Current Annexation Goals Policies and Practice Current Town policies toward annexation are attached as Exhibit 4. The stated go.al of the Land Use Element is: "To annex all unincorporated areas within the Tiburon Planning Area in order to provide more unified and coherent land use policy implementation. The Town supports LAFCO's dual annexation policy". As shown in Exhibit 4, Land Use Element annexation policies allow considerable flexibility on the part of the Town in weighing annexation requests. Factors such as "resident/property owner interest, cost revenue implications, and provision of Town services to the property" may be considered by the Town when analyzing specific annexation requests. In practice, since the most recent General Plan revision began in 1986, the Town has rarely turned down any opportunity to annex property within its Planning Area. Exceptions have occurred when property is not contiguous to Town limits (which would create an "island" effect), or when property is contiguous but the street pattern is such that providing Town services to the property would be awkward and difficult. Previous Annexation Policies and Practice Prior to 1986, the then-City of Tiburon's 1973 Land Use Element policies were in effect. The policy with respect to annexation was as foltows: "The City shall, through a program of prezoning and annexation, add land to the City when such action will enhance the existing quality and pattern ofland use". In practice, Tiburon nearly always annexed unincorporated properties within its Planning Area prior to development. The major difference was that Tiburon often waited until the County had approved development entitlements for a property, then proceeded to annex it, honoring the County approvals along the way. Approval of trailing permits, including design review and building permits, occurred under Tiburon ordinances and policies. Tiburon Town Council Staff Repart J 2/3/9 7 2 ~ Communication with LAFCO Subsequent to the October I, 1997 Town Council meeting, Staff contacted the Local Agency Formation Commission (LAFCO) regarding necessary future steps toward annexation. LAFCO indicates that the necessary steps would be as follows: 1. The Town should adopt a Resolution requesting LAFCO to undertake annexation proceedings. 2. The Town should initiate "prezoning" procedures for the areas for which annexation is being considered. This requires public hearings before the Planning Commission and Town Council. 3. An application should be filed with LAFCO requesting annexation. The filing fee for the Cypress Hollow application would be $7,000.00. Official maps and legal descriptions would need to be prepared as part of the LAFCO and Town prezoning applications. 4. The Town would be designated the "conducting authority" for the annexation, if approved by LAFCO, and would need to hold a protest hearing, and possibly an election, should sufficient protest be received. Should the Town choose to proceed with the annexation process, the Town Manager has offered to split the cost of the LAFCO application evenly with the Cypress Hollow residents; to take responsibility for the preparation of the necessary maps and legal descriptions; and to process the Town's prezoning application free of charge. Upon receipt of the matching funds from Cypress Hollow, the Town would file an application with LAFCO. RECOMMENDATION . That the Town Council consider ratification of the previous Town Council's direction to pursue annexation of the Cypress Hollow Subdivision. . If the decision is made to pursue al1Q.exation, then the Town Council should adopt the Resolution (Exhibit 5) requesting that LAFCO undertake proceedings for annexation, and further direct Staff to begin work on the prezoning and LAFCO applications. EXHffiITS 1. Vicinity Map of Cypress Hollow Subdivision. 2. Town Council Staff Report dated October I, 1997. 3. Minutes of Town Council meeting of October I, 1997. 4. Current Town policies regarding annexation. 5. Draft Resolution requesting LAFCO to undertake annexation proceedings. \scott\cypress.rpt Tiburon Town Council Staff Report 12/3/97 3 ~ l , \. VICINITY l1AP OF CYPRESS HOLLOW y "- ~ ~-+- .. . , ~ \ . -\ ~ ( ..-- ~ Jl'~ ~~ .\ .'----.... ... '~- " " " .~ '----.J EXHIBIT NO.J_ , TOWN OF TIBURON STAFF REpORT ITEM NO. JJ:2 To: From: Subject: Date: TOWN COUNCIL TOWN MANAGER CYPRESS HOLLOW ANNEXATION INTEREST October 1, 1997 BACKGROUND Property owners residing in the Cypress Hollow area on the Tiburon Peninsula have expressed an interest in annexation to the Town of Tiburon. They have been in contact with LAFCO and Town Staff regarding policies and procedures relating to annexation. The Cypress Hollow area is located below Via Los Altos and westerly of Black field Drive. The area is a relatively new subdivision consisting of 44 parcels of which only four (4) remain vacant. The property owners have submitted a letter and petition indicating their interest in annexing to the Town. The petition has been signed by property owners representing approximately 30 of the parcels. The petitioners have also expressed interest in future annexation of their area to the Reed Union School District. The purpose of this matter coming before Council at this time is for conceptual approval only. Council should consider the Town's annexation policy, potential costs, and our ability to serve the area. Staff's preliminary review of the proposed area for annexation is that it would not impact ;our current levels of service and essentially represents a minor extension of our current boundaries. RECOMMENDATIONS I) That Council approve in concept the proposed annexation of the Cypress Hollow area to the Town of Tiburon; 2) That Staff be directed to contact LAFCO regarding the residents' interest and the Town's willingness t'? annex the area; 3) That LAFCO to provide the Town with an estimate of additional revenues which would be received by the Town from this annexation and what specific fees will be required by LAFCO to process the application; 4) That LAFCO consider and explore possible annexation interest of the adjacent Barn Road and Rancho Drive residents who are currently in the unincorporated area of the County EXHIBIT NO. cl ~. ( .~.3 TOWN COUNCIL STAFF REPORT Page 2 October 1, 1997 EXHIBITS --Town Manager Memorandum to Town Council dated 8-1-97 --Residents' Letter and Petition to Town ofTiburon dated 8-22-97 --Area maps depicting the proposed boundaries of the Cypress Hollow area f- J .f 3 - o f ~.." ""- ~ MEMO TOW N T I B U R o N TO: TOWN COUNCIL AUGUST 1, 1997 FROM: TOWN lVIA1'-IAGER SUBJECT: AL"-i0iEXA.TION INTERESTIINFOR..'\.1ATION - CYPRESS HOLLOW This past year I have had occasional discussions with a Mr. Carlos Shelton of Cypress Hollow concerning possible annexation to both the Town and the Reed Union School District. !'vIr. Shelton indicated that he and several residents are interested, and that he was planning to explore the matter with all of the Cypress Hollow property owners. !'vIr. Shelton contacted me this week and stated that he had written to all Cypress Hollow residents concerning this issue and the response to date has been very favorable. I requested a copy of the letter that he had sent, which is attached for your information. Please note thatwhile some of the information is not totally accurate, it does provide the residents with a general overall understanding of the annexation proposal. !'vIr. Shelton is now preparing a precise boundary map of the area identifying those parcels which have expressed an interest in annexation and a petition of the affected property owners. He would tj:J.en like to proceed with the Tov,ll concerning the next step in the process. R.L.Kleinert Ifa!.. Attachment cc: Town Attorney Planning Director P.3.f3 / - I. ~ 10) NEW BUSINESS Cypress Hollow Annexation Interest - (Consider Conceptual Support). Town Manager Kleinert said the residents of the Cypress Hollow area had shown strong interest ,. in annexation to the Town and that the majority had signed a petition to that effect. Kleinert said ' there would be no great impact to the Town to provide services since the subdivision represented a small extension to the west ofBlackfield Drive. He recommended that Staffbe directed to notifY LAFCO of the interest and ask that LAFCO proceed with a resident's survey regarding annexation and to prepare a report on costs and revenues to both the Town and LAFCO. There was no public comment. Vice Mayor Thayer complimented the residents for handling the matter so professionally and wished them the best ofluck. MOTION: Moved: Vote: To Direct Staff to contact LAFCO and proceed with the annexation study. Thayer, Seconded by Ginalski AYES: Unanimous ABSENT: Wolf H. UNFINISHED BUSINESS 7) Tiburon Main Street/ADA Traffic Improvements - (Review of Traffic Consultant's Final Report and Recommendations). T own Engineer Barmand said a subcommittee, comprised of representatives of both the Tiburon and Belvedere City Councils, had met to review the initial report prepared by the independent traffic engineers, DKS Associates. As a result of the first meeting, a supplemental report was prepared and the subcommittee met a second time, and an additional supplement was before Council tonight. According to Barmand, DKS Associates recommended making lower Main Street one-way from Tiburon Boulevard and, based on concerns expressed by residents of Corinthian Island and Belveder~, recommended a compromise by keeping Ark Row two-way. However, Barmand said, the Belvedere City Council had concerns about the recommended changes to Beach Road intersection. 'He said DKS Associates said that the time increase resulting from the proposed stop sign was so minimal as to not be measurable. Town Engineer Barmand said Staff needed the Council's direction to proceed. He also noted there was a hearing scheduled the first )'leek of November in the Main Street/ADA lawsuit. Town Attorney Sharp confirmed that the court's last order said if the matter was not settled by October 1 then a further settlement conference was to be scheduled between that date and November 14, but no trial date had been set. Mayor Hennessy read some comments from [absent] Councilmember Wolf into the record: Town Council Minutes # 112~ October 1,1997 3 EXHIBIT NO. :3 Tiburon General Plan--Land Use Element-Excerpts GOAL LV-D. To annex all unincorporated areas within the Tiburon Planning Area in order to provide more unified and coherent land use policy implementation. The Town supports LAFCO's / dual annexation policy. The maintenance of acceptable circulation levels of service in presently unincorporated areas is therefore of considerable importance to the Town. ANNEXATION POLICIES LV-5. Paradise Drive Area South of Trestle Glen. Annexation of property in this sub-area should be based on resident/property owner interest, cost/revenue implications of specific annexation requests, and provision of Town services to the property. Annexation of property in this area to the Town should be required prior to the approval of specific development projects. Annexation requests may be processed by LAFCO concurrently with development applications by the Town. Sewer, water and other essential infrastructure must be available to serve new development by the time new development is constructed. LV-6. Paradise Cay & Vicinity. Annexation of property in this sub-area should be based on resident/property owner interest, cost/revenue implications of specific annexation requests, and provision of Town services to the property. Total annexation of this sub-area is not anticipated to occur prior to 1995. At such time as annexation of property in this area is imminent, the Town should pre-zone the property consistent with this General Plan. LU-7. Strawberrv/Eaale Rock/Bay Vista. Annexation of property in this sub-area should be based on resident/property owner interest, cost/revenue implications of specific annexation requests, and provision of Town services to the property. Total annexation of this sub-area is not anticipated to occur prior to 1995. At such time as annexation of property in this area is imminent, the Town should pre-zone the-property consistent with this General Plan. EXHIBIT NO.~ p. \ ..f.,J. ; = ~ I" I ~~ . i:: ~ : ?I i i ~ ~ I 0 , I " ~ I ~ I II IlACCOoN .....". I I I~ I I ~ I c )> """ '" ......:J>oUlUl I-'J>otn"l;l "'>01'" Z (j) Oe-'O -.o..,c:.., '-Do-iC::> :xIHC;t> m e-'''',", '-OHI;;IJ:;t:I ..oHt;:I;l:;(l H 1-1 0:1::0 :0 H"'''' I..nOl> v>O' :J>- 00'''' C'1trl.. ........z>~ --z>o :;02;>0 >< )> H'" "'~ "'H "'H "'H'" """'''' """'OO t-3>t'1Ul S;~ oo '" "'''"''' "'''"''' OZ>r;<I 3: ""~ H '" H '"' """'''' H_": H~O ......1-1__0 0"'''' OH_ OH,," ..o()..;:;c r "'''' HO'" HO": '-OI-IOH XH ",,",H ",,", I..n"do-i< mcs T "'''"a """"'" """"~ .......>>M OH He-'O ,",e-' He-' "'He-' '" '" < '" oo ~z "'a"" "'''"''' "',,"H "'''"0 "'''' "'0 "'0 "''' 01 0 0 """''' ,,""'H "'H '" ::J"'''' '""'''' "'oo H " X'"' HXH X "" oo "",," ""H . H '" '" H '" ..: e-' '" ----...---. ,-, RESOLUTION NO. A RESOLUTION OF THE TffiURON TOWN COUNCIL REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO UNDERTAKE PROCEEDINGS FOR THE "CYPRESS HOLLOW ANNEXATION" WHEREAS, the Town of Tiburon desires to initiate proceedings pursuant to the Cortese- Knox Local Govemment Reorganization Act of 1985, commencing with Section 56000 of the California Govemment Code, for annexation to the Town ofTibnron; and WHEREAS, notice of intention to adopt this resolution of application has been given to each interested and suhject agency; and WHEREAS, the territory proposed to be amlexed is inhabited by more than 12 registered voters, and a description of the boundaries of the territory is set forth in Exhibit "A" attached hereto and by this reference incorporated herein; and WHEREAS, this proposal is consistent with the Sphere of Influence of the Town of Tiburon; and WHEREAS, the Town has initiated proceedings to prezone the territory within the bO\llldaries set forth in Exhibit "A; and WHEREAS, the proposed annexation has been determined to be categorically exempt from the provisions of the Califolllia Environmental Quality Act as specified in Section 15319 of the CEQA Guidelines; and WHEREAS, the reasons for the proposed annexation are that the area is adjacent to the Town limits, mWlicipal services can be provi4ed effectively and economically by the Town; and the annexation is consistent with the Tiburon General Plan. NOW, THEREFORE, BE IT RESOLVED that this Resolntion of Application is hereby adopted and approved by the Town Council of the Town ofTibnron, and that the Local Agency Formation Commission of Malin County is hereby requested to \llldertake proceedings for the annexation of the tenitory as described in the attached Exhibit "A", in the manner provided by the Cortese-Knox Local Govemment Reorganization Act of 1985. Tiburon Town Council Resolution No December 3, 1007 EXHIBIT NO. 5 PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on , 1997 by the following vote: AYES: NOES: ABSENT: ATTEST: COUNCILMEMBERS: COUNCILMEMBERS: COUNCfLMEMBERS: DIANE CRANE, TOWN CLERK Tiburon Town Council Resolution No. HARRY S. MATTHEWS, MAYOR TOWN OF TffiURON December 3,1997 EXHIBIT "A" [Q). ~ il U,: 'lY All that certain real property as shown on the "Map of Cypress Hollow", filed for record with the office of the Marin County Recorder, at Page 96 of Book 20 of Maps. TOWN OF TIBURON STAFF REpORT ITEM NO. MEETING DATE: 12/3/97 q To: From: Subject: TOWN COUNCIL SCOTT ANDERSON, PLANNING DIRECTOR * RAILROAD MARSH FLOOD PLAIN/ZELINSKY PLAZA SCHEMATIC LANDSCAPE PLAN FOR PROPERTY LOCATED BElllND 1501 AND 1505 TIBURON BOULEVARD NOVEMBER 26, 1997 Date: BACKGROUND Earlier this year, the Town Council authorized the firm ofBSA Architects, working with Carducci Landscape Architects, to prepare a Landscape and Improvement Plan for the Railroad Marsh Flood Plain area behind the new Belvedere- Tiburon Library and new Tiburon Town Hall. In addition to landscaping, the improvements are to present a suitable tribute to the Zelinsky Family for its contributions of the land upon which the Library and Town Hall have been constructed. This tribute has been envisioned in the form of a small "plaza" with a commemorative plaque. ANALYSIS Carducci Landscape Architects has prepared a Schematic Landscape Plan, which will be presented to the Town Council at the meeting. Mr. David Ross ofBSA Architects, and Mr. Vincent Lattanzio of Carducci Landscape Architects will make the presentation. The focus of the presentation is intended to be primarily informational, with no formal decisions being made by the Town Council. Any comments on the general direction of the flood plain improvement plans would be appreciated. Town Staffwill continue to work with the consultants to achieve a realistic and affordable plan, which can then be taken through the formal public review and CEQA processes. Preliminary cost estimates for the entire project have also been prepared and are attached as Exhibit 1. The cost estimates split the project into two phases. The cost total for Phase I is approximately $120,000, while the cost total for Phase II is approximately $119,000. Please note that the estimates reflect the cost of "contracting out" the entire project for construction. Considerable cost savings could be achieved through in-house and/or volunteer labor, and not all elements of the schematic plan need be installed to achieve the goals of the plaza and flood plain Tiburon Town Council Staff Report 12/3/97 1 , improvements. There is currently about $50,000 in the Floodplain Fund. RECOMMENDATION That the Town Council receive the presentation of the consultants and provide any comments to Staff concerning the general direction of the plans. EXHmITS 1. Preliminary costs estimates dated 11/13/97 by Carducci & Associates. \posclfloodpla.rpt Tiburon Town Council Staff Report 12/3/97 2 " o . E ~ e "- .!: o "0 a: " o o ii:~ 00> o ' 3 ::( :flU) I-IIl . , ~ fl E "~ ". Ow .c~Vi.$ ~~8C1 o '" ";;; . Q o . .c :; '" o "2 o . a: .!! iii . li u .!! :E u < . "- . u . " o . -' () O!; <Ii w I-- < U w 0 tJ) I- tJ) <( < :2 c z I- < (f) U w () I- ::> c (f) w '" 0 U) < < 0 :I: () 0. 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W I (!J ~ W :::; 0 8 u u a: ii' '" z ii' '" 0 ::; I- Z Z U ~ ~ ~ ~ ~ i1i w w z ii' w 0 W I- 0 W "' " "' u a: I in , .., ~ ~ .. '" < u 0 " 0 .. ., (; ~ " 'I' .. ., ~ '" ... .. " .. .. (/l ~ .: :!. 0 ;( 0 u: .. ... ." " ~ 0 ~ " '" .. ~ (/l .;, <Ii '" :s .. " .. .. ~ > :!. < .. ;: :s .c 0. S :s '0 u ~ .., .., ~ , TOWN OF TIBURON STAFF REpORT ITEM NO. MEETING DATE: 12/3/97 f To: TOWN COUNCIL From: SCOTT ANDERSON, PLANNING DIRECTO~ Subject: 1155 TIBURON BOULEVARD: SALE OF 1.51 ACRES OF TOWN-OWNED PROPERTY TO THE TIBURON REDEVELOPMENT AGENCY FOR PURPOSES OF PRIVATE DEVELOPMENT OF A SENIOR HOUSING PROJECT CONTAINING AFFORDABLE HOUSING UNITS; ASSESSOR PARCEL NO. 58-151-23 (portion) Date: NOVEMBER 25, 1997 BACKGROUND The Town ofTiburon has been working toward the sale ofa portion of the former Town Hall property at Ned's Way and Tiburon Boulevard for the past few years. The property is intended to be developed as a senior housing project with a complement of affordable units. Proceeds of the sale are to be expended on the construction of a new police facility, as authorized by Tiburon's voters in a June 1995 election. It has been determined that the best method to secure the will of the voters is for the Town to sell the property to the Tiburon Redevelopment Agency, which would in turn sell the property to a private developer to construct the senior housing project. ANALYSIS The proper tool for sale of the property to the Tiburon Redevelopment Agency is for the Town and Agency to enter into a "Purchase and Sale Agreement", a draft of which is attached as part of the Redevelopment Agency packet. A draft Resolution approving execution of the Purchase and Sale Agreement is attached hereto as Exhibit 1. In order to fund the purchase, the Tiburon Redevelopment Agency will borrow from the Town of Tiburon's Affordable Housing In-lieu Fund approximately $650,000. The Agency will also expend its approximately $400,000 in housing set-aside monies, and will provide the Town with a note for the balance of the purchase monies based upon a known revenue stream from future housing set-aside monies. It would take approximately 2 to 3 years to payoff the note, unless, as expected, the Agency sells the property to a private developer in the next year or so, in which case the Town would receive back its Housing In-lieu Fund monies even sooner. Tiburon Town Council Staff Report J 2/3/9 7 1 - RECOMMENDATION That the Town Council adopt the Resolution approving the execution of the Purchase and Sale Agreement, and agreeing to loan the Redevelopment Agency funds from the Town's In-lieu Housing Fund. EXHmlTS 1. Draft Resolution. 2. Drawing showing property to be purchased. \scott\townsale.rpt Tiburon Town Council Staff Report 12/3/97 2 , RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING EXECUTION OF A PURCHASE AND SALE AGREEMENT FOR 1155 TIBURON BOULEVARD, A LOAN TO THE TIBURON REDEVELOPMENT AGENCY AND TAKING RELATED ACTIONS IN CONNECTION WITH SUCH APPROVAL WHEREAS, the Town Council of the Town of Tiburon (the "Town Council") has adopted the Redevelopment Plan for the Tiburon Redevelopment Project Area (the "Redevelopment Plan") on November 28, 1983, by Ordinance No. 279, affecting the Tiburon Redevelopment Project Area (the "Project Area"); and WHEREAS, the Tiburon Redevelopment Agency (the "Agency") is vested with responsibility pursuant to the Community Redevelopment Law (Health and Safety Code Section 33000 et sea.) (the "Law") to implement the Redevelopment Plan in the Project Area; and WHEREAS, the Town of Tiburon, a municipal corporation (the "Town") is the fee owner of that certain parcel containing approximately 1.5 acres located at 1155 Tiburon Boulevard in Tiburon, California, as more particularly described in the attached Exhibit A (the "Property"); and WHEREAS, the Property is one of the few remaining parcels in Tiburon suitable for the development of new housing affordable to persons and families of very low income; and WHEREAS, development of the Property with affordable housing will promote municipal goals and objectives of the Housing Element of the Town's General Plan; and WHEREAS, the parties have determined that their respective goals, objectives, and polici~s with respect to development of the Property for affordable housing purposes can best be achieved through conveyance of the Property by the Town to the Agency in accordance with the terms of this Agreement; and WHEREAS, pursuant to Health and Safety Code section 33220(a), the Town Council is authorized to convey the Property to the Agency; and WHEREAS, pursuant to Health and Safety Code Sections 33391 and 33449, the Agency is authorized to acquire the Property for purposes of providing affordable housing; and 102\03\106665.03 -1- Ji:XHIBIT NO. , , WHEREAS, the Agency has requested a loan from the Town's In- Lieu Fee fund in an approximate amount of six Hundred Fifty Thousand Dollars ($650,000), or so much is as available in the In-Lieu Fee fund, to assist the Agency in financing the purchase of the Property. WHEREAS, the Agency and the Town Council have set the purchase price of the Property based on the eventual development of new affordable housing on the Property; and WHEREAS, the conveyance to the Agency is categorically exempt under the California Environmental Quality Act (California Public Resources Code Section 21000 et sea.) ("CEQA") as specified in Section 15312(a) of the State CEQA Guidelines (14 California Code of Regulations section 15000 et sea.). NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that: 1. The Town hereby finds and determines that the sale of the property to the Agency is necessary in order to redevelop the Property and to create housing for low and moderate income households. 2. The Town Manager is hereby authorized and directed to file a Notice of Exemption with respect to the Agreement and this Resolution in accordance with 14 California Code of Regulations, section 15062. 3. The Town Council hereby approves the sale of the Property and authorizes the Town Manager to execute on behalf of the Town the Agreement, substantially in the form on file with the Town Clerk, with such changes as are approved by the Town Council signatory, such approval to be conclusively evidenced by the e~ecution of the Agreement. 4. The Town hereby approves the loan to the Agency in the approximate amount of six Hundred Fifty Thousand Dollars ($650,000) or so much as is a~ailable in the Town's In-Lieu Fee fund. 5. The Town Council hereby authorizes the Town Manager to take such other actions and execute such other documents as are appropriate to effectuate the intent of the executed Agreement. 102\03\106665.03 -2- , 6. This Resolution shall take immediate effect from and after its passage and approval. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on December ,1997 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HARRY S. MATTHEWS, I~YOR Town of Tiburon ATTEST: Diane L. Crane, Town Clerk 102\03\106665.03 -3- , EXHIBIT" ft:' Lot 1, as shown on that certain map filed for record with the Office of the Marin County Recorder, at Page _' Book _ of Parcel Maps, on November ---> 1997. 1155 Tib P uron ortion APN = ~ - - - .... ;> ~ o cO Blvd. ff 58-151-23"" 60 Z'" o~ ...." ..." o ~!< :n'" <n '!}.i" !':' z . ~ " 21 :=J ", ------.: " ~ ~ -- . ~J ~( "0;, ~ \~ Q a 8 ~ " > ~n ~ " o - " n ~ m F ..... >- n - I:'l - ~ - n I:'l '" '"'- ,00 , , " , , 10 50 \ ~ .;::::;;3, 2/ ,,{t' I . ~"",,0 ;/' o 'ili"" . ~ \ c~".,"~i ,.:< ~\ \ \ :/" .~_ ~~ r~;~- @\ " ' ; , .J. 0 - - ' ~A'~~~"'i\:':'f"'<;:'i'" -:.fZ'.~" \' I, --AI~\ "".o,' ,;, "....:""'~ 1 '.'~'~ \ \ i:\,,,'I<Yl' j~~~' \. ' ~.~ '.;~ ",.- ..- - ~,) " '0-- ,_,~- v' L--- ,,(;:r"'fO,~~j) ~,...l.--<:r ,-,- " .-.-'~ ~~ -- \'~'W\ 1'1":::'.,','\ t'ii)~---:::- ~~~.. \ \\,y:,'>._."'....-:o-'~., -=-'- - ~ I ~', ,< ~_ /""' ~-~: -...J'"- I ' '----" U Q '" m m C ~ D ~ '0 lleunol'l GL'JO T.;x}IIBIT NO._J... TOWN OF TIBURON STAFF REpORT ITEM NO. MEETING DATE: 12/3/97 cr To: From: Subject: TOWN COUNCIL SCOTT ANDERSON, PLANNING DIRECTOR 'i4- 375 TAYLOR ROAD: REQUEST FOR SECOND TIME EXTENSION TO IMPLEMENT A PRECISE DEVELOPMENT PLAN FOR ONE SINGLE FAMILY DWELLING AND ACCESSORY STRUCTURES ON APPROXIMATELY 5 ACRES; FILE NO. 39704; MIRANDA LEONARD, OWNER; ASSESSOR PARCEL NO. 38-182-42 NOVEMBER 25, 1997 Date: BACKGROUND A Precise Development Plan for the development of one single family residence and several ancillary buildings at 375 Taylor Road was approved by the Town Council in 1992. A two year time extension of the approval was granted by the Town Council in 1995. The Precise Development Plan will expire unless extended by the Town Council. An application for a second extension has been filed in a timely manner. Please refer to the Planning Commission Staff Report attached as Exhibit A, and other materials attached as Exhibits Band C for additional background information. Large scale drawings of the approved Precise Development Plan are attached as Exhibit E. ANALYSIS As noted in the report to the Planning Commission, Staff sees no reason why a second extension cannot be granted, and believes the applicant has demonstrated good faith efforts to move ahead with implementation of the Precise Development Plan. RECOMMENDATION That the Town Council, following a public hearing, adopt the Resolution (Exhibit D) granting a two-year time extension for the Ring Mountain Parcel G Precise Development Plan. Tiburon Town Council StaJJRepor/ 12/3/97 1 , EXHmITS A. Planning Commission Staff Report dated November 3, 1997. B. Minutes of Planning Commission meeting of November 12, 1997 (draft). C. Planning Commission Resolution No. 97-26. D. Draft Resolution approving the time extension. E. Large scale drawings of the approved Precise Development Plan. '-'cott\39704tc.rpt Tihuron Town Council Staff Report 12/3/97 2 [f~LL~ ~@WJ)f - - TOWN OF TIBURON STAFF REpORT 4 ITEM NO. MEETING DATE: 11/12/97 PLANNING COMMISSION SCOTT ANDERSON, PLANNING DIRECT04- 375 TAYLOR ROAD: EXTENSION OF TIME FOR AN APPROVED PRECISE DEVELOPMENT PLAN (pD#7) NOVEMBER 3, 1997 To: From: Subject: Date: PROJECT DATA Address: APNo.: FileNo.: General Plan: Zoning: Property Size: Subdivision: Current Use: Owner: Applicant: Date Complete: PSA Deadline: BACKGROUND 375 Taylor Road (at the end of a gated private driveway leading from the Taylor Road cul-de-sac) 38-182-42 39704 L (Low density residential) RPD (Residential Planned Development) Approximately 5.0 acres Ring Mountain Parcelization (RM19-29) Vacant land Miranda Leonard John Walker 11/3/97 5/1/98 A Precise Development Plan for onjl single family residence and several ancillary buildings at 375 Taylor Road was approved by the Town Council in 1992. A two year time extension of the approval was granted by the Town Council in 1995. The Precise Development Plan is set to expire December 4, 1997, unless extended again. An application has been filed in a timely manner for a second time extension. The original project approval document (Town Council Resolution No. 2888) and the approved drawings (2 sheets) are attached as Exhibits 1 and 2. Tiburon Planning Commission Staff Repart 11/12/97 1 EXHIBIT No.A , . ANALYSIS Time extensions for Precise Development Plans are regulated by Section 4.08.05 of the Tiburon Zoning Ordinance. The ordinance requires that the "".permit holder shall submit sufficient information to the Town to determine whether good cause for an extension exists." Generally, in the absence of obvious economic reasons (such as a recession), Town Staff considers the following factors in assessing whether "good cause" exists: 1. Whether there is evidence of an intent to proceed with implementation of the project in a timely manner (ie, it has not been abandoned and progress is occurring). 2. Whether circumstances have changed which would no longer make the project consistent with Town policies or regulations. The applicant has submitted clear evidence (see Exhibit 3) that there is an intent to move ahead with the project and that the project has not been abandoned. The application materials for design review approval are well underway and nearly ready for submittal to the Town for processing. The site is physically maintained by the property owner, and some improvements incidental to the main project have already been installed. These include entry gates, fencing, and an irrigation well. Staff is not aware of any change in circumstances, either for the property or its surroundings, or in Town policies or regulations, that would argue against granting of a time extension. SUBS~QUENT APPROVALS REQUIRED If the Planning Commission recommends approval of the time extension application, the Town Council will take final action at a public hearing. If the request for time extension is denied by the Commission, that action is final unless appealed to the Town Council. The next permit required to implement the project would be a site plan and architectural review (design review) permit. Building permits would follow any design approval. A design review approval of the residence would extend the life of the Precise Development Plan concurrent with the expiration of the design review approval, which would be valid for 24 months. ENVIRONMENTAL STATUS The project is categorically exempt under section 15303 of the CEQA Guidelines. Tiburon Planning Commission Staff Report 11/12/97 2 , ~ RECOMMENDATION That the Planning Commission recommend to the Town Council granting of a one year time extension for the Precise Development Plan. A draft resolution to that effect is attached as Exhibit 6. EXHIBITS 1. Town Council Resolution No. 2888. 2. Approved drawings (2 sheets) by Walker & Moody Architects. 3. Letter from Miranda Leonard to Planning Commission dated 10/21/97. 4. Application for time extension. 5. Planning Commission minutes from 1995 time extension hearing. 6. Draft Resolution. \scott\39704pc.rpt Tiburon Planning Commission StafJReport 11/12/97 3 I I I r r ,. RESOLljTION NO. 2888 , , A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A PRECISE DEVELOPMENT PLAN FOR RING MOUNTAIN PARCEL "G" (PD#7) A. P. NO. 38-182-42 (375 TAYLOR ROAD) SECTION 1. FINDINGS. A. The Town of Tiburon has received an application for a Precise Development Plan for the development of 4.88 acres ot land at the end of Taylor Road extension. B. The approved Precise Development Plan materials consist of: a. Written text entitled "Precise Development Plan Text, Ring Mountain Parcel G", revised October 28, 1992 (2 sheets); b. Site PlanjBuilding EnvelopejFencing J:>lan prepared by Walker & Moody Architects, revised October 28, 1992 (1 sheet); Additional application materials included for information purposes only include: c. Grading Plan prepared by Walker & Moody Architects dated 4/2/92 (1 sheet); Site/Building Sections Plan prepared by Walker & Moody Architects dated 4/2/92 (1 sheet); Topography Map (partial) dated December, 1991, prepared by Cramer- Davis, Inc. (1 sheet); Slope Map dated December, 1991, prepared by Cramer-Davis, Inc. (2 sheets). d. e. f. C. The Planning Commission held duly noticed public hearings on May 27, June 10, July 8, and August il, 1992 for the purpose of reviewing the application and receiving comments and recommendations from the public. The Town Council has held a duly-noticed and advertised public hearing on October 21, 1992, and has considered the recommendation of the Planning Commission and all other evidence and testimony in arriving at its decision. D. The Town Council finds ,that the project, as conditioned, is consistent with the General Plan of the Town of Tiburon, is in conformance with the Tiburon Zoning Ordinance, and is exempt from further review under CEQA. 1 EXHIBIT NO.L I I I r SECTION 2. APPROVAL. '. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of TIburon does hereby approve the Ring Mountain Parcel "G" Precise Development Plan, subject to the following conditions: Land Use 1. The provisions of this Precise Development Plan are intended to supplement and expand general provisions of Section 2.07 of the TIburon Zoning Ordinance (Residential Planned T'evelopment Zone), specifically for this property. Unless otherwise established ,this Precise Development Plan, all provisions of the TIburon Zoning Ordinance shall apply to the property. 2. This Precise Developmel).t Plan approves zoning for one single family dwelling unit and accessory structures on 4.88 acres, as further described in the "Precise Development Plan Text, Ring Mountain Parcel G", attached hereto as Exhibit A. This Precise Development Plan approves one primary and two secondary building envelopes, as depicted In the Site Plan/Building Envelope/Fencing Plan revised October 28, 1992, attached hereto as Exhibit B, except that construction of a guest house in Secondary Envelope No. 1 shall not be pennitted unless a detennination is made by the Planning Commission that a more appropriate location cannot be four:::! within the primary building envelope. Construction of a stable for the keeping of horses shall require a Conditional Use Permit pursuant to Chapter 20 of the Tiburon Town Code. With the exception of fencing as described in Condition #5, and ancillary retaining walls acting to reduce the height of the primary retaining wall for the tennis court, no structures shall be pennitted outside the approved building envelopes. 4. i. The location and heigh of structures within the building envelopes shall be subject to discretionary review through the Town's Site Plan & Architectural Review process. However, the height of the primary structure (dwelling unit) shall not exceed 25 feet above natural or finished grade, whichever is lower, while the height of accessory structures shall not exceed 15 feet above natural or finished grade, whichever is lower. The height of tennis court fencing shall not exceed 15 feet above the finished court surface. 3. ; s. Fencing may be placed outside the building envelopes as shown on the Site Plan/Building Envelope/Fencing Plan. All fencing shall receive Site Plan and Architectural Review approval from the Town, even if such fencing is less than J 1/2 feet in height. Fencing shall be "open" in appearance. 2 I I I r r 6. Prior to issuance of building permits for the project, owner shall record a deed- restriction prohibiting the placement of fencing or other artificial barriers to wildlife or pedestrians over a portion of the site. Said portion is described as a triangle with points at the northeast corner property line; a point on the property line 80 feet south of the northeast corner point; and a point on the property line 30 feet west of the northeast corner point. The final wording of such deed restriction shall be approved by the Town Attorney prior to recordation. 7. No future subdivision of the property shall be permitted. Owner .shall record a restriction to this effect. Such restriction shall be written to the satisfaction of the Town Attorney and shall be recorded prior to issuance of building permits for the project. 8. Prior to any grading or construction of any structures, Site Plan and Architectural Review ap{lroval shall be secured from the Town. Materials and colors of exterior building surfaces shall be in earth. tones and shall blend with the natural environment. Plans submitted shall provide details (colors, materials, textures) of all proposed structures, including fences, retaining walls, tennis court screening features, and drainage ditches. Imnrovement and Utilities 9. 10. 11. u. 13. 14. Hours of construction shall be as regulated by Chapter 13 of the Tiburon Town Code. AIl construction on, and landscaping of, the property shall comply with provisions of Tiburon Municipal Code Chapters 13E and 15A concerning water conservation and trees. Compliance with these regulations shall be ensured during the Site Plan and Architectural Review and Building Permit processes. In implementing the Precise Plan approval, owner shall satisfY the requirements of the Town Engineer, Tiburon Fire Protection District, and Marin Municipal Water District. Grading on the site shall be limited to the dry season from October to May, unless specifically authorized by the Town Engineer after requiring appropriate precautionary measures. An erosion control plan.'and dust control plan satisfactory to the Town Engineer shall be required prior to grading or construction on the site. Graded areas shall be re-vegetated as soon as possible following completion of grading activity. J II I I I I i I I I I I I ( ( 15. All contractors and subcontractors performing work at the site shall be requi.rcd by contract to halt all work within 30 yards of any archaeologically significant resource which may be uncovered during construction, until a qualified archaeologist has investigated and made recommendations. Representatives of the Native American community shall be contacted in the event of such a find. 16. All utilities reasonably related to the project shall be placed underground in accordance with Town regulations. Exniration 17. This Precise Development Plan,approval shall be valid for 36 months following its effective date, and shall expire unless subsequent zoning and/or building permits have been issued pursuant to this approval. A time extension may be granted if such request i.s filed prior to the expiration date. PASSED AND ADOPTED at a regular meeting of the Town Council held on November 4. 1992, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: " } ATTEST: Friedman, Kuhn, Nygren, Thayer Thompson None None oAI/L ALVIN R. KUHN, MAYOR Town of Tiburon . " .... " t"- " i \, THIS IS A TRUE AND ~RTIFIED CO~Y'/ . ?~,/)f~~ . OWN CLERK U 4 ~ ~, / Exh~b;+ A r October 28, 1992 -- PRECISE DEVELOPMENT PLAN TEXT RING MOUNTAIN PARCEL G General InformaTion and DaTa 1. General DescripTion of The Project & Site: ProjecT consisTs of a single fami Iy residence, pool. house'lool, Tennis courT, and oTher elemenTs as shown on the SiTe Plan ,Bui Iding Envelope and Fencing plan daTed 10/28/92. The property is zoned RPD and consists of approximately 5 acres. The site is bordered on 3 sides by the "Ring Mountain Preserve" and on the east side by open space and one residence. 2. Design Concept: SeparaTe elements of the residence are to be located at different levels, stair-stepping up the slope from The entrance al lowing maximum views from each level. Tarraced gardens extend below each level WiThpool and tennis court below. Stepped 3'-4' high planting beds will prov i de a gracefu I, I ush trans i t i on between each I eve I . 3. TransportaTion Analysis: There are no changes proposed in the pedestrian, vehicle and emergency access to the siTe. The private drive which serves the property from the end of Taylor Road wil I have a gate at Taylor Road operated by remote contra I . A "turn around" exists at the end of the drive and wil I be maintained. Guest parking for 3 cars wil I be provided in addition to the 2 car garage. .' Th~ project wi I I have no significant impact on adjacent streets. 4. Building Areas: The residence bui Iding consists Qf approximately 6,000 sq. on the main floor, 1200 sq. divided between 2nd floor and areas below the main floor. The pool house is 800 sq. The garage 650 sq. The garage and the pool house Ii i I I be be low grade as shown. 5. Views: Views from the lower portion of the lot to the southeast area obscured by a row of mature Monterey Pines on the adjacent property and by the Tiburon Penninsula. Views above the tree tops extend from Sausal ito to the San Rafael Richmond Bridge. A view study map is included. APPRO'/[O B'r' CITY COUNCIL DATE -1J -4-cq~ RESOLUTION J 'dg ~ .. ~, r r _. 6. Building Envelope & Fencing: Building Envelope I imits are as shown on the Site Plan! Bui Iding Envelope! Fencing Plan. 7. The maximum height shal I be 25 feet for the residence and 15 feet for al lather structures. 8. Slope: A slope map is included showing that al I the structure on land slope less than 30%, with the tennis court and pool on the flatter portions of the lot. 9. Storm Drainage, Sewer and Publ ic Uti I ities: The lot is served by the Corte Madera Sanitary District #2, MMWD, P.G. & E. P.T. & T., & Cable TV. AI I services are underground. 10. Landscaping: The terraces, stepped planters and the area immediately adjacent to the house wi I I be landscaped. A grove of native trees wi I I be situated between the driveway and the tennis court. The remainder 'of the property wi I I remain in its natural state. A complete landscape plan wil I be submitted for review with the design review appl ication. 11. Accoustical Analysis: The only potential acoustical problem are the sounds created by tennis players. However, the court is situated so as to mitigate this potential problem. The nearest residence to the northeast is more than 180' distant horizontally and at least 60' in elevation below the court. The other tesidence to the southeast is 270' distant horizontally and 62' in elevation below the court. As sounds tend t9 be directed upward and disipate with distance no negat i ve impact ,j s expected. :.~ n:- ,. PIL Inc. Z Sir Francis Drake Blvd. _ _Junitas, California 94938-0257 USA 415488.1905 Tel 415488.1647 Fax ~':;:'::_::~~I_" .~ '~'c,".;~.;':'J C~-= T:=,,-"::~..J~"J OCT 2 I 1997 r"-:-:-.,~'"7';'- _~,"_4 .... '__' J": 'j .. .,~: :', j_.-~ C::~~~'::U:\~!T/ C=::". =:..C~:' . ..i October 21, 1997 Planning Commission Town ofTiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Dear Commissioners: Since the letter of cwo years ago, the electronic entrance has been completed. The fencing around the parcel has been completed with additional fencing required as the adjoining neighbor, Turski, remove? the east boundary fence, apparencly in accord with the Town's agreement. Progress Report: Five building permits have been issued for dje site development process: 1. A new automated entrance gate at the eno of Taylor Road. 2. A new fence has been constructed at Parcel G. 3. A water well has been drilled. 4. Rather extensive erosion control work in 1996: (a) 40,000 square feet of jure ground cover. (b) One concrete V-ditch, 200 feet long and one temporary V-ditch. 5. Additional erosion control work now in progress (c) Repair of gulleys and wash-outs for erosion control. EXHmIT NO. -3 ~" Page 2 of2 An erosion situation W:L'i created on that fragile hillside by vandals, probably kids. knocking down the entrance fence and then running up and down the hill, when it W:L'i wet, with big truck tires. causing deep ruts which became rivulets and deteriorated the hillside. Estimated cost, including $5,000. for a soils srudy, is $50,000. There is regular landscape maincenance now also. So, we're coming along and we'll be in the design review process by November 20. Walker & Moody Architects are handling the Design Review application. The site model and drawings for the Design Review application are nearing completion. So we ask that the Precise Plan be extended so that we can finish our application. Sincerely. //1 d' / ? /;/ -, -"~' Miranda Leonard ~-~~~~ v -'----- , , Mirilnda Leonard P. O. Box 2829 San Anselmo, Callfornia 94960 August 16, 1995 Town of Tiburon Planning Commission 1155 Tiburon Boulevard Tibulon, CA 94920 RE: Parcel G - 375 Taylor Road, Tiburon Dear Commissioners: , . :;:;~~~. ~.~-~;:~?)~,~~ -',~-._,'.,\! ,.....::- T'--:", "::'~"'l -_...J ....: .'__.:.1"",.'1\1 GCT 2 1 1997 ;....c-_. ~_" :__'_.___ , ~ - - - -- .-' _. , '; I :"...... . ......, cc ~'L~,:L~:'EJ( :-:.:.'-./ ~~c ;~:;L~:; iT This letter Is In response to your request concerning the reasons for my application to renew the Precise Plan previously approved for Parcel G. As you may recall, the Precise Plan approval was concomiuml with my purchasing the propert)" ll1 1992. Allh"t time I was not living In the State. In December, 1994, 1 moved to I<entfield. We started the process for building a fence last February that 15 just being completed. We also hope to complete the entraIlee gate to my and Dr. ManIl's property next mOIlth. 50, there is some progress. The demands of my life of late have Ilot permitted the luxury of focusing on this project. Since design Is my profession, I take.it vtty seriously and want to have the',time to concentrate on fine ntning these preliminary plans. It Is not everyday that one builds the house they are probably going to live in the rest of their days nor has the privilege of building on 9uch an extraordinary site. To do justice to that beautyls 80lng to take some time. Sincerely, Miranda Leonard 07/14/97 16:01 TX/RX NO.116l P.OOl . 11...1'1";''1 VI .HJUI"....I.. .----- lMMUNITY DEVELOPMENT DEPARTi".:W I~;.": LAND DEVELOPMENT APPLlCAllvN~'; '\"i "':-, r I'il ':,': lL~,J,.:;or\i IXEE OF APPLICATION ocr 2 i 1997 o Rezoning!Prezoning o conceptual Master Plnn k precioe Development. Plan g.)otk... 5:....... .k- t;",.....c. o Sign Permit I~_'_c ,__.. -."' .~. .'.' . ." t.", o Tentati vll!-,subdixi:S!i:in'M'ap: (. .~._ I. "~'.;.,..: :';', < .:~':_:.. \ o Final subdivision Map o conditional Use Permit C Vari.l.nce o v::>t Line Adjustment o Design Review o We 11 Permi t '0 '!'ree Permit o General plan Amendment o Zoning Text Amendment o Parcel Map o Underground Waiver o Certificate of compliance o Other APPLICANT REQUIRED INFORMATION 1. Assessor Parcel (s): 38-182-42 2. Zoning: ROD General Plan Designation: L (liD +n I) ::lrl"'lOIC: 1 3. Property Address: 375 Taylor Road 4. Property Owner Name: Miranda Leonard Mail ing Address: c/o Dav i d Bassett City, State, Zip: P. O. Box 257,_ Lagunitas, CA. 94938 Phone Number: FAX Number: 5. Applicant Name: John C. Wa I ker Mailing Address: 2666 Hyde Street City, State, Zip: San Francisco. CA. 94109 Phone Number, (4151 885-0800 FAX Number, (4151 885-1009 6. Property Size: __5 acres +/- "7 . Pl'~asa briefly deccribe t.he purpose of the application (what you want to accomplish, attach separate sheets if needed) . 2 year extension of approval necessary for prooer develoDment of dAsiQn Preliminary plans are attached. 8. Signature: ~Applicant (n~st_ have signed letter from owner) (Letter; on file) C;~<-~J~ DO NOT WRITE BELOW THIS LINE Owner DEPARTMENTAL PROCESSING INFORMATION Application No,: !!/t:rot Fee Deposit: 1(,5 u::- , r 1",_ " r"':'/'\ Date Received:~<~<Jt.5 Received By: C?'i \ Dale Deemed Complete: By: Acting Body: Conditions of Approval or Comments: Action: Resolution or Ordinance #: EXHIBIT NO.r.::r'" / ''I~'''' '=Ri"'sir Francis Drake Blvd. unitas. California ~ ..:138-0257 USA 415488.1905 Tel 415488.1647 Fax , [({=""~";\ "1=,""" ',,- r-=q-~'",":l "/!~'" :, ') """,,":.a..,~~e...1 :.:..::...,:..::~., --.'.,....., -<-,..--.., 'l'..rj....J ~'_.~.::l.,,! \.-.!.- i.:.,v:............,.'. oei 2 1 1997 C:;J~?iT:.::::\,jT c;.: CCl::::::tj~\~iT:' o-::.;r=.LC; ~L::;:7 October 17, 1997 RE: Application for Precise Plan Extension Parcel G, Taylor Road Extension, A.P. # 38-182-42 Planning Commission, Town of Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 I hereby authorize Mr. Sandy Walker of Walker & Moody Architects, 2666 Hyde Street, San Francisco, CA, to sign for me on all documents necessary for my application for Precise Plan extension for my property (A.P. # 38-182-42). (Signed) /- , ! . , / &_-l~,L:~~~-=:..~:~':l~_~~~:.:.._\...__ Miranda Leonard, Owner Application No.: CJ I I ,- I...... () ~~L< --------ReceiVed By: cr. - \ -- _.. - . " Anderson said that there is also a County/Mill Valley project which will coordinate the signals at the Tiburon Wye in association with some improvements going on at Tower Drive in Mill Valley. CONSENT CALENDAR 1. Minutes of July 12, 1995. Greenberg requested the following corrections to the July 12, 1995, minutes: * Page 11, the last sentence in the 4th to last paragraph should read "Four of the homeowners supported the Town Council draft resolution as presented and two felt that leaf blowers should also be allowed on weekends, with restricted hours of use." * Page 12, delete the third sentence in the second paragraph. * Page 13, the second paragraph should read "Greenberg feels that, from her experience, the public turns out when it opposes regulations, not when it supports them, and that is why the turnout at tonight's meeting is small." It was moved and seconded to adopt the minutes of July 12, 1995, as amenq~d. Motion carried 3-0. PUBLIC HEARING 2. 223 DIVISO STREET: Condit~onal Use Permit to install RAM radio antennas. Malco~ Misuraca and Victoria Brieant, owners and applicants. Assessors Parcel No. 59-131-07 (Resolution). REMANDED TO PLANNI~G COMMISSION UPON APPEAL TO TOWN COUNCIL. (TO BE CONTINUED WiTHOUT DISCUSSION TO SEPTEMBER 13, 1995.) It was moved, seconded, and unanimously approved to continue this item without discussion to September 13, 1995. >3. 375 TAYLOR ROAD: Precise Development Plan, Extension of Time #39503. Request to extend allowable time for implementation of Precise Development Plan #7. Miranda Leonard, owner; Bruce f,;XHIBIT NO. 2 ~ TIBURO~ ~LANNING COMMISSION MINUTES OF AUGUST 23. 1995 Minutes no. 741 ,- ,. Moody, applicant. (Resolution) . Assessors Parcel No. 38-182-42 Catron stated that a Precise Development Plan was approved for this property, which is Parcel G of the Ring Mountain Subdivision, on November 4, 1992. The Precise Plan was set to expire three years after the effective date of the approval. Catron said that the Precise Development Plan was discussed extensively prior to its final approval by the Town. The applicant is not proposing to change any aspect of the project or of the approval. Staff is not aware of any changes in the circumstances of the lot, which would affect the approved Precise Plan. Staff recommends that the Planning Commission take public testimony and adopt the draft resolution recommending that the Town Council grant a two year extension of time for implementation of the Precise Plan. Heckmann asked if this is the only extension that is possible for the applicant and Anderson replied that this is not limited to one extension, but it is unusual to get an additional extension. Bruce Moody, available for representative questions. for Ms. Leonard, stated that he is Siewert opened the public hearing. Ther~ being no one wishing to speak, the public hearing was closed at 7:40 p.m. Heckmann stated that he does,not see that any circumstances have changed to what is being proposed, that the applicant's request for a time extension is a reasonable one and that he would vote to approve it. .- M/S Heckmann/Greenberg (3-0) to adopt the resolution recommending that the Council grant a two year extension of time of the Precise Development Plan. 4. 1650 TIBURON BOULEVARD: Conditional Use Permit #19507. Request to establish a gourmet market/delicatessen in a vacant commercial space. Main Street Properties, owner; Lawrence and TIBURCN ?LANNING COMMISSION MINUTES OF AUGUST 23, 1995 MAnutes No. 741 3 did work to talk to others about the project. He is comfortable with the proj will be some disruptions, his questions have been ansXe d . up thought the negative declaration was very thorough, an ~e ~ m be significantly blocked. He wanted to have a bre fer that j boats. ~- Chair Sadrieh felt that the herring and sedimentation issues were not substantial and would be further safeguarded by BCDC. The remaining issue is visual and he agreed with Commissioner Berger that the yacht club is here to stay and there is no way they would make a decision to jeopardize the boats. They have nothing to gain by obstructing views. He wondered if peer review was necessary to determine if the height is appropriate. He asked Staff for an opinion on the height. Mr. Anderson stated that it is pretty well understood that there will be a sea level rise over time, the only uncertainty is the magnitude of the rise. Also steel piles will last a very long time and you can't be adding height every couple years. The usual land-based measure is the 100 year storm. In this situation the 50 year storm is a good measure with a lesser amount needed than for the 100 year, which would make the breakwater even higher. Berger commented that maritime construction is similar to bridge building in that there is a beauty to function. Chair Sadrieh felt that it seemed to be a cut and dry engineering issue, that no additional research needed to be done as the tides are known and they dictate how high the breakwater has to be. Commissioner Berger added that there is a dollar amount for each inch built. Sadrieh felt peer review would not reveal anything new and he was willing to support the project. Commissioner Berger asked the engineer to explain how the 50 year storm was determined. Mr. Hardiman explained the technical methods used to make the calculations and Berger felt they were based on reasonable assumptions. MIS Berger/Klairmont to adopt the Draft Resolution approving the mitigated negative declaration and the. Conditional Use Permit for the project. (3-0) ") 4. 375 TAYLOR ROAD: EXTENSION OF TIME FOR AN APPROVED PRECISE DEVELOPMENT PLAN (PD #7); FILE #39704; Miranda Leonard, Owner; John Walker, Applicant; Assessor Parcel ~o. 38-182-42. Mr. Anderson explained that this was the second request for extension of time on the existing Precise Development Plan. The project was originally approved in 1992, extended in 1995, for a five-acre property at the end of a gated private driveway leading from the Taylor Road cul-de- sac. Nothing in the proposal has changed, this is just an extension of time. He recommended that the Commission extend for one year as the Design Review Board submittal is well underway. When the ORB approves, there will be different time limits. There had been no correspondence on this item and no objections had been expressed. TIBURON PLANNING COMMISSION MINUTES OF NOVEMBER 12, 1997 MINUTES NO. 778 6 EXHIBIT NO. 6 Commissioner Berger suggested that a two-year time extension be granted, rather than the one- ' year recommended by Staff. MIS BergerlSadrieh to adopt the Draft Resolution amended to provide for a two year extension on the Precise Development Plan. (3-0) Mr. Anderson stated that this is a Planning Commission recommendation to the Town Council and that it would go before the Council on December 3, 1997, for a final decision. AnJOIJRNMRNT The Commission canceled the meeting of November 26, 1997, and adjourned to the December 10, 1997 meeting at 8:45 p.m. MOHAMAD SADRIEH, CHAIR Tiburon Planning Commission A TrEST: n .. " I ' u r,\r;~ - ~~UC.. ,.~=,,'l " ~.J , i U .-l SCOTl ANDERSON, SECRETARY L m971l12 TIBURON PLANNING COMMISSION MINUTES OF NOVEMBER 12.1997 MINUTES NO. 778 7 [fn[J~ ~@~w , RESOLUTION NO. 97-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING APPROVAL OF A SECOND EXTENSION OF TIME FOR IMPLEMENTATION OF PLANNED DEVELOPMENT #7 AT 375 TAYLOR ROAD (RING MOUNTAIN PARCEL G) ASSESSORS PARCEL NO 38-182-42 WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows: Section 1. Findinl:s A. The Planning Commission of the Town of Tiburon has received and considered an application filed by John Walker to extend allowable time for implementation of the approved Precise Development Plan for 375 Taylor Road. The application consists of the following: 1. Application form received October 21, 1997. 2. Approved Precise Plan exhibits. The official record for this project is hereby incorporated and made part of this resolution. The record includes the Staff Reports, resolutions, minutes, application materials, and all comments and materials received at public hearings. B. The Planning Commission held a duly-noticed public hearing on November 12, 1997, and heard and considered testimony from interested persons. The Planning Commission has found that the requested extension of time is consistent with the goals, policies, and provisions of the Tiburon General Plan, the Tiburon Zoning Ordinance, and Tiburon Town Council Resolution No. 2888. C. The Planning Commission has found that the project is exempt from the requirements of the California Environmental Quality Act per Section No. 15303 of the CEQA Guidelines. Section 2 Approval NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the Town of Tiburon does hereby recommend that the Tiburon Town Council approve an extension of time for implementation of the Precise Plan for 375 Taylor Road (Ring Mountain Parcel G) as follows: Tiburon Planning Commission Resolution No. 97-26 11/12/97 1 EXHIBIT NO. C , 1. The expiration date for the Precise Development Plan approved by Resolution No. 2888 on November 4, 1992, and extended by Resolution No. 3119, shall be further extended by two years. The new expiration date will be December 4, 1999. The Precise Development Plan shall expire on that date unless subsequent zoning and/or building permits have been issued pursuant to said approval. PASSED AND ADOPTED at a regular meeting of the Planning Commission on November 12, 1997, by the following vote. AYES: Berger, Klairmont & Sadrieh NOES: None VACANCIES: Two APPROVED BY PLANNIN~COMMISSION ~ /l11J./Q7 RE80l.'1TIQtoI 17 - J' MOHAMADSADRffiH,CHAIR Tiburon Planning Commission ATTEST: SCOTT ANDERSON, SECRETARY Tiburon Planning Commission Resolution No. 97-26 11/12/97 2 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A SECOND EXTENSION OF TIME FOR IMPLEMENTATION OF PLANNED DEVELOPMENT #7 AT 375 TAYLOR ROAD (RING MOUNTAIN PARCEL G) ASSRC;SORS PARCEL NO. 38-182-42 WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings A. The Town has received and considered an application filed by John Walker, on behalf of property owner Miranda Leonard, to extend the allowable time for implementation of the approved Precise Development Plan for 375 Taylor Road. The application consists of the following: 1. Application form received October 21, 1997. 2. Approved Precise Plan exhibits. The official record for this project is hereby incorporated and made part of this resolution. The record includes the Staff Reports, resolutions, minutes, application materials, and all comments and materials received at public hearings. B. The Planning Commission held a duly-noticed public hearing on November 12, 1997, and heard and considered testimony from interested persons. The Planning Commission found that the requested extension of time was consistent with the goals, policies, and provisions of the Tiburon General Plan, the Tiburon Zoning Ordinance, and Tiburon Town Council Resolution No. 2888. The Planning Commission adopted Resolution No. 97-26 recommending that the Town Council approve a two-year extension of the Precise Development Plan approval. C. The Town Council held a duly-noticed public hearing on December 3, 1997, and heard and considered testimony from interested persons. The Town Council finds that the requested extension of time is consistent with the goals, policies, and provisions of the Tiburon General Plan, the Tiburon Zoning Ordinance, and Tiburon Town Council Resolution No. 2888. C. The Town Council finds that the project is exempt from the requirements of the California Environmental Quality Act per Section No. 15303 of the CEQA Guidelines. Tiburon Town Council Resolution No. 12/3/97 1 EXHIBIT NO. D , Section 2. Approval NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve an extension of time for implementation of the Precise Plan for 375 Taylor Road (Ring Mountain Parcel G) as follows: 1. The expiration date for the Precise Development Plan approved by Resolution No. 2888 on November 4, 1992, and extended by Resolution No. 3119, shall be further extended by two years. The new expiration date will be December 4, 1999. The Precise Development Plan shall expire on that date unless subsequent zoning and/or building permits have been issued pursuant to said approval. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on December 3, 1997, by the following vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: HARRYS. MATTHEWS, MAYOR TOWN OF TIBURON ATIEST: DIANE L. CRANE, TOWN CLERK \scott\39704tc.res Tiburon Town Council Resolution No. 12/3/97 2 MIl.l. ',I.I.E1 RE1IJSE ~o SER',CE, ~. INC. J;{eM.#IO , (.2..-$ ..-i7 P. O. BOX 3557 - SAN RAFAEL, CALIFORNIA 94912.3557 PHONE: 457-9760 Mr. Robert Kleinert Town Manager Town of Tiburon 1505 Tiburon Blvd. Tiburon CA 94920 November 13,1997 Dear Bob, Per our meeting of November 11 tho the following is a 20 gallon can (mini can) rate for Tiburon. Flat area 32 gallon can rate $13.33 $16.41 Mini can rate $11.33 Hill area $13.95 Please sign both copies and return one for our records. The new rate - W:;::2pon your approval. By: Rick Powell By: Robert Kleinert General Manager Town Manager MVRS Town of Tiburon 1[, ., : .\~ ~ I\J lrL l0 WI. 1', Ic,:;"i ,\~' ~ . I.'" . ~--'C OFf:;ICl" -0\""'" - ..,._i.;~.~ ,"'r',..;; 1--- , v~ ,,< \~,,-,;\.; ,... - TC\U>~ c:~ T!EURON Ar~~ J-tc~tf- I.J hr r ~ Ct<M-e-J ?.-v 0- (p -7:;' ' r?W~ ~z ~"fJ./~)~ TO Tiburon Town Council Mayor Hennessev, Council Members Thayer, Ginalski, Thompson and Wolfe. FROtv!: Members, Tiburon Peninsula Recycling Committee, Polly Smith, Chair, Marcia Felton, Romney Fennel, Dan Harris John Kern, and Mimi Levison DATE: July, 1997 RE: Recommendations For Increasing Recvcling Efforts At a meeting of the Tiburon Peninsula Recycling Committee, members discussed with City Managers Bob Kleinert and Ed San Diego, Councilmember Andrew Thompson, and Rick Powell of the Mill Valley Refuse Service (tvlVRS), several ideas which we think could decrease both the amount of garbage disposed of from our communities and related costs to peninsula residents We are wTiting to both Belvedere and Tiburon . councilmembers with suggestions reflecting this discussion,: We believe pricing mechanisms, through the franchise process, can provide effective incentives that will help reduce the volwne of waste now generated by our residents" As you know, state law requires a 50% cut back in waste disposed by the year 2000. All of us--and that includes the Councils--must work toward achieving this goal which will be difficult for all of Marin to achieve. Our suggestions for Tiburon include: . Offer a reduced rate for residents who wish --and are able to-- use a smaller (20 2:al.) garba2:e can. Rick has indicated his willingness to implement this incentive soon, Residents can view the modest decrease in cost as an offset to the green can charge. . Char2:e a hi 2:her rate for more than one can of 2:arba!!e picked UP per week. one that is high ~nouilh to make a difference. 'vVe thiak that often tbe filling of several cans is due to habit and could be avoided. Increased pricing for multiple can use, similar to the progressive levels for utility and water rates, can work as a deterrent to excessive waste disposal and result in a reduction of garbage or reuse where feasible. . Provide onlv one pick UP per week in future contacts with the MVRS. Only a modest number of residents now have twice weekly garbage service Every1hing possible should be done to discourage twice weekly garbage pickups on an ongoing basis Residents can always request a special pickup because of unusual circwnstances, . For the commercial sector. we ur!!e Tiburon to ask that recvclin!! bins are placed in areas such as behind ARK Row or bv the ferrv, primarily for the disposal of cardboard--a big waste problem downtown The bins could be accessible by key in order to prevent the commingling with public refuse.