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TIBURON TOWN COUNCIL
AGENDA
REGULAR MEETING
TOWN OF TIBURON
1505 TIBURON BLVD.
MEETING DATE:
MEETING TIME:
CLOSED SESSION:
July 21, 1999
7:30 P.M.
7:15 P.M.
PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all
points of view, members of the audience should:
(1) Always Address the Chair; (2) State Name and Address; (3) State Views Succinctly: (4) Limit Presentations to 3 minutes; (5)
Speak Directly into Microphone.
A. ROLL CALL
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
C. PUBLIC OUESTIONS AND COMMENTS
Please confine your comments during this portion of the agenda to matters not already on this agenda, other
than items on the Consent Calendar. The public will be given an opportunity to speak on each agenda item
at the time it is called. Presentations are limited to three (3) minutes. Matters requiring action will be
referred to the appropriate Commission, Board, Committee or Staff for consideration and/or placed on a
future meeting agenda.
n. COUNCIL, COMMISSION & COMMITTEE REPORTS
'r) STEWART DRlVE/TffiURON BLVD. INTERSECTION IMPROVEMENTS - (Council
Subcommittee - Vice Mayor Gram & Councilmember Thompson)
2) DOWNTOWN MAIN STREET ADA IMPROVEMENTS - (Mayor Bach/Vice Mayor
Gram)
E. CONSENT CALENDAR
The purpose of the Consent Calendar is to group items together which generally do not require
discussion and which will probably be approved by one motion unless separate action is required on
a particular item. Any member of the Town Council, Town Staff, or the Public may request removal of
an item for discussion.
F. UNFINISHED BUSINESS
G. NEW BUSINESS
3) END OF WARREN'S WAY OPEN SPACE & CONSERVATION EASEMENT AND
PARCEL MAP - AP Nos. 34-360-11; 38-182-20 & 38-322-11; Fred Grange,
Owner/Applicant
A) Consider Grant of Open Space & Conservation Easement
B) Consider Acceptance of Parcel Map for Lot Line Adjustment and Offers of Dedication
H. PUBLIC HEARING
4) 4900 PARADISE DRIVE - Prezoning of Parcel to RO-2 Zone to become effective upon
Annexation to the Town ofTiburon - Alexander Bischoff, Applicant; AP # 038-052-05
I. STAFF & TOWN MANAGER REPORTS
J. COMMUNICA nONS
K. ADJOURNMENT
Future Arzenda Items
~ Powersffown of Tiburon Settlement Agreement - (Request to Amend) - August 4
~ Appointment of Town Historian - August 4
~ Bicyc1e1Pedestrian Ad Hoc Advisory Committee Appointments - August 4
~ Stewart DrivelTiburon Blvd. Intersection Tree Removal & Maintenance - August 4
~ FY 1999-2000 - Final Budget Adjustments/Capital Improvement Projects & Fund Transfers - August 4
~ 430 Ridge Road - Appeal of Decision to Grant Application for VariancelDesigu Review - August 18
No.9 - Julv 21.1999
NOTICE OF STATUTORY AUTHORITY FOR HOLDING
CLOSED MEETING OF THE TIBURON TOWN COUNCIL
Pursuant to California Government Code Sections 54950 et seq., the Town Council will hold a Closed
Session. More specific infonnation regarding this meeting is indicated below:
1) CONFERENCE WITH LEGAL COUNSEL
LITIGATION
(Section 54956.9(c))
ANTICIPATED
One Case
TOWN OF TIBURON
STAFF REPORT
ITEM NO. 3(A )
MEETING DATE: 7/21/99
To: TOWN COUNCIL
From: SCOTT ANDERSON, PLANNING DIRECTO~
Subject: END OF WARREN'S WAY (GRANGE) CONSIDER OFFER OF
ACCEPTANCE OF OPEN SPACE & CONSERVATION EASEMENT OVER
TWO FORMER RAILROAD PARCELS
Date: JULY 16, 1999
BACKGROUND
On June 16, 1999, the Town Council approved a Precise Plan Amendment and Tentative Map for
the subject railroad lots Condition No 7 of the approval reads as follows:
In conjunction with recordation of the lot line adjustment parcel map, open space and
conservation easements over the two existing former railroad parcels (Assessor Parcels
38-182-20 and 38-322-11) shall be offered to the Town ofTiburon for acceptance. Said
open space easement language shall be reviewed and approved by the Town Attorney.
Said language shall, among other things, require preservation of all mature trees on the
two parcels, prohibit cultivation of grapes on the two parcels, prohibit placement of any
buildings on the two parcels, and prohibit the square footage of the railroad parcels from
being used toward floor area ratio calculations. The parcel map shall also include the offer
of dedication of the proposed 15' wide emergency vehicle access easement over the
former railroad parcels, and an offer of a public pedestrian access easement across the
former railroad parcels as specified in Mitigation Measure 6.f.l. The Town of Tiburon
reserves the right to reject the offer of public pedestrian easement. All offers of easement
shall be irrevocable. The parcel map shall also include a note specifying that no further
subdivision of the lots will be permitted.
The applicant has submitted the offer of open space and conservation easement (Exhihit 1) to the
Town for acceptance or rejection.
Tiburon Town COlincil
Staff Report
7/21/99
1
ANALYSIS
The Town Attorney and the Planning Director have reviewed the grant of open space easement
and their revisions have been properly incorporated. The grant of open space easement includes
all of the required provisions as set forth in the approval and deemed appropriate by Town Staff.
The major points of concern regarding the open space easement language arise from neighbors
along Karen Way who may desire to acquire portions of the former railroad lots in the future
(through lot line adjustments) and fence and/or landscape portions of the former railroad lots.
To accommodate these concerns, the grant of open space easement has been crafted such that
fences, landscaping, and other uses could be allowed provided that they are approved by the
Town ofTiburon following normal review processes and upon making findings that such
improvements would not be contrary to the purpose of the easement. The purposes of the
easement are to protect from destruction the physical or scenic characteristics of the property, and
to preserve its open condition.
Karen Way neighbors, primarily the owners of those first dozen lots closest to the Bel Aire
School entry drive, are requesting assurance from the Town Council that attractive and integrated
fencing and landscaping proposals would be considered acceptable by the Town, should they be
submitted in the future upon acquisition of portions of the railroad lots by adjoining Karen Way
owners.
The Planning Director walked the full length of the railroad parcels with a group of Karen Way
property owners on Monday, July 12, 1999. Major concerns were increased use of the former
railroad area, inappropriate use of the former railroad area, and visible exposure of house interiors
and rear yards to persons using the former railroad parcels. A separate concern was that the grant
language be sufficiently clear such that it would allow reasonable landscaping and fencing
proposals, and not be subject to widely differing interpretations over the years by Town officials
as to what constituted reasonable fencing and landscaping.
Based upon the topography of the area, the visibility of home interiors and back yards from the
former railroad berm (the level area), Staff agrees that properly placed, attractive fencing would
be a public and private asset to those affected portions of the former railroad parcels. At present,
most of the former railroad parcels are an unsightly no-man's land, poorly maintained, a potential
fire hazard, and somewhat of a dumping ground. The unkempt nature of the area has been a
major concern of the Alto-Richardson Fire Protection District for decades Staff supports the
concept of allowing fencing and landscaping improvements in those portions of the railroad
parcels in between the Karen Way property lines and the top of the slope where the emergency
vehicle access easement would begin (see Exhibit 2). Such fencing would not interfere with the
public pedestrian easement or the Emergency Vehicle Access Easement.
Tiburon Town COIINcil
Staff Repan
7/21/99
2
,
To the extent that the language in the grant could be construed to prevent such reasonable
improvements should they become possible in the future (through lot line adjustments), the Town
Council should consider refining the grant text, provided that it agrees with the general concept of
allowing reasonable fencing and landscaping improvements.
Staff is recommending the acceptance on behalf of the public of the Open Space & Conservation
Easement.
This is a ministerial action and is exempt from CEQA.
RECOMMENDATION
1. Hear public testimony
2. Direct revisions to the grant language as desired.
3. Adopt the Resolution (Exhibit 3) accepting the grant of Open Space & Conservation
Easement.
EXHIBITS
1. Grant of Open Space & Conservation Easement.
2. Drawing showing areas where proposed fencing and landscaping improvements by
adjoining property owners would be allowed upon review and approval.
3. Draft Resolution of acceptance.
Grange oseasement rpt.doc
Tiburon Town COIlf/cil
Staff Report
7/21/99
3
~
Recording Requested By:
After Recording Return To:
GRANT OF OPEN SPACE AND CONSERVATION EASEMENT
This GRANT OF OPEN SPACE AND CONSERVATION EASEMENT
("Easement") is made this _ day of , 1999, by Fred C. Grange an
unmarried man ("Grantor), and the Town of Tiburon, a municipal corporation ("Town").
RECITALS
A. Grantor is the owner of certain real property situated in the Town of
Tiburon, County of Marin, State of California, more particularly described in Exhibit" A"
attached hereto and incorporated by reference ("Property").
B. Grantor desires to grant to the Town, an open space and conservation
easement on, upon, over, and across the Property.
C. The purpose of the Easement is to preserve the Property in a scenic and
open space condition.
NOW, THEREFORE, Grantor hereby grants to the Town an open space and
conservation easement over the Property subject to the following conditions and restrictions:
1. Use Restrictions. All use of the property shall be compatible with the
preservation of the Property in a scenic and open space condition. Except as delineated in
Paragraph 2 herein, no buildings, structures, or other improvements shall be constructed on,
no natural resources shall be extracted from, and no activities shall be conducted on, the
Property that would destroy any physical or scenic characteristic of the Property. No trees, as
defined by Chapter 15A of the Tiburon Municipal Code, may be removed or altered, also as
defined by Chapter 15A of the Tiburon Municipal Code, without prior approval of a Tree
Permit from the Town of Tiburon. Routine thinning or pruning to improve the health of a tree
1
EXHIBIT NO.--L.
.
is excepted. If any part of the Property is sold or transferred to an owmer of adjoining
property, said part shall not be used in the calculation of floor area ratio, as defined by the
Tiburon Zoning Ordinance, applicable to that property. No cultivation of grapes shall be
allowed on the property without prior written consent of the Town Council of the Town of
Tiburon.
2. Permitted Uses and Improvements. The restrictions set forth in Paragraph
1, above, and this Easement, shall not prohibit the following uses and improvements on the
Property:
(a) Footpaths and trails;
(b) The use of the emergency vehicle and pedestrian access easement located,
or to be located, on the Property;
(c) Landscaping, as may be approved by the Town of Tiburon upon making
written findings that said landscaping would not be contrary to the purpose of the easement.
(d) Fencing, as may be approved by the Town of Tiburon upon making written
findings that said fencing would not be contrary to the purpose of the easement.
(e) Other uses, as may be approved by the Town of Tiburon upon making
written findings that said uses would not be contrary to the purpose of the easement.
3. No Public Access. The granting of this Easement and its acceptance by the
Town does not authorize and is not to be construed as authorizing members of the public to
enter upon or to use the Property in any manner whatsoever without the consent of the owner
of the Property, except as may be permitted by separate access easements offered to and
accepted by the Town.
4. Town Access. The Town shall have the right, from time to time, during
business hours on business days and after giving reasonable prior written notice to the owner
of the Property, to enter the Property and to inspect the Property for the purpose of
determining compliance with the terms and conditions of this Easement.
5. Reservation of Use by Grantor. Grantor reserves the right to use the
Property in any manner consistent with the stated purposes, terms and conditions of this
Easement and with the existing and future zoning laws and restrictions of the Town.
6. Condemnation. In the event the property or any portion thereof is sought to
be condemned for public use, the Easement shall terminate as of the time of filing of the
complaint in condemnation as to that portion of the property sought to be taken for public use,
but shall remain in effect relative to all other portions of the Property. The Grantor shall be
entitled to such compensation for the taking as he would have been entitled had the Property
not been burdened by this Easement.
2
~
7. Non-Liahili1;y. Except as provided for in any other easements or
agreements, the Town shall have no responsibility or liability of any kind whatsoever in
connection with the use or maintenance of the Property or any part thereof.
8. Enforceable Restriction. This Easement and each and every term, condition
and restriction is intended for the benefit of the public and constitutes an enforceable
restriction pursuant to the provisions of Section 8 of Article XIII of the California
Constitution. This Easement shall bind Grantor and his successors and assigns and is intended
to run with the land.
9. Nothing contained herein shall prohibit the parties from amending the terms
contained herein.
IN WITNESS WHEREOF, Grantor and Grantee have executed this instrument the day
and year first written above.
Grantor:
Fred C. Grange
Grantee:
By:
ST ATE OF CALIFORNIA )
) ss
COUNTY OF )
On before me,
a notary public, personally appeared per-
sonally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
3
"'.Q -05-99 02: 53P Fred Grange
415-459-4103
P.06
EXHIBIT A
DESCRIPTION
All that certain real property situate in the City ofTiburon County o[Marin, Slate of
California, described as follows:
PARCEL ONE:
BEGIN'NING at the Southwest comer of Lot 21, Map of Reedland Woods, filed July 27,
1965 in Book 13 of Maps at Page 23, running thence South 50 10' West to a point on the
Southerly line of the Northwestern Pacific Railroad Co. right of way (now abandoned)
said point also being on the Northerly line of Lot 62 Map of Bel Aire Estates filed
November 21, 1950 in Book 7 of Maps at Page 82, running thence Easterly along said
R.R. right of way line to a point on the Northeasterly line of Lot 77 ~ap of Reed lands
Unit 3 filed for record September 4, 1958 in Book 10 of Maps at Page 4, said point
bearing South 530 33' East 75.57 feet and South 47047' East 10 feet, from the most
Northerly comer of said lot; thence Northerly in a direct line to a point on the Southerly
line of Lot 3 :\1ap of Reed land Woods (13 RM 23) said point being Easterly 10 feet, from
the Westerly comer of said Lot, running thence Westerly along the Southerly boundary of
said Reedland Woods Subdivision to the point of beginning.
PARCEL TWO:
BEGINNING at the Southwest comer of Lot 21, as shown upon "Map of Reed land
Woods Unit One", filed forrecord July 27,1965 in Volume 13 of Maps at page 23,
Marin County Records, running thencc North 850 04' West to a point which bears North
50 30' East from the Northeast comer of Lot 76, as shown upon "Map ofBeJ Aire
Estates". filed for record April 8, 1953 in Book 7 of Maps at page 82, Mann County
Records, thence South 50 30' West to the l'iortheast comer of said Lot 76, running thence
Easterly along the Northerly boundary line of said Map of Bel Aire Estates to a point
which bears South 50 09' West from the point of beginning, thence North 50 09' East to
the point of beginning.
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EXHIBIT NO. d...
,
RESOLUTION NO.
A RESOLUTION OF THE
TOWN COUNCIL OF THE TOWN OF TIBURON
ACCEPTING A GRANT OF OPEN SPACE & CONSERVATION EASMENT
OVER TWO FORMER RAILROAD PARCELS
LOCA TED AT THE END OF WARREN'S WAY
ASSESSOR PARCEL NOS. 38-322-11 & 38-182-20
Section I. Recitals
WHEREAS, on June 16, 1999, the Town Council of the Town ofTiburon
approved a Tentative Lot Line Adjustment Map and Precise Plan Amendment involving
the subject former railroad parcels in addition to Lot 15 of the Tiburon Highlands
Subdivision, and
WHEREAS, a condition of the approval required that an open space and
conservation easement covering the entirety of the two former railroad parcels be offered
for dedication to the Town prior to approval of a Parcel Map, and
WHEREAS, the owner, Fred Grange, has submitted said grant of open space and
conservation easement, which has been reviewed by Town Staff and forwarded to the
Town Council.
Section 2. Acceptance of Grant.
NOW THEREFORE BE IT RESOLVED that the Town Council of the Town of
Tiburon hereby accepts the grant of open space and conservation easement, attached
hereto as Exhibit I, and directs that the Town Clerk record the grant together with this
Resolution.
PASSED AND ADOPTED this _ day of
, 1999, by the following
vote:
AYES:
COUNCILMEMBERS
Tiburon Town COllncil
Resolution No.
--/--/99
1
EXHIBIT NO. j
NOES
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
MOGENSBACH,MAYOR
TOWN OF TIBURON
ATTEST
DIANE L CRANE, TOWN CLERK
GRANGE OSEASEMENT RES. DOC
Tiburon Town Council
Resolution No.
--/--/99
2
,
TOWN OF TIBURON
STAFF REpORT
ITEM NO. 3 ( B )
MEETING DATE 7/21/99
To: TOWN COUNCIL
From: SCOTT ANDERSON, PLANNING DIRECTOR 'J\
Subject: PARCEL MAP FOR LOT LINE ADJUSTMENT THREE LOTS LOCATED AT
THE END OF WARREN'S WAY (GRANGE)
Date: JULY 15, 1999
BACKGROUND
On June 16, 1999, the Town Council approved a Tentative Map for the subject lot line
adjustment. The applicant has proceeded to fulfill the required conditions of approval. The
Parcel Map finalizing the lot line adjustment is now before the Town Council for approval.
ANALYSIS
The Town Engineer and Planning Department Staff have reviewed the parcel map and found it in
conformance with the approved tentative map as well as and state and local subdivision
regulations.
The Parcel Map offers for dedication to public use a public pedestrian easement, an emergency
vehicle access easement, and an emergency vehicle turnaround easement. Staff is recommending
the acceptance on behalf of the public for all of these offers of dedication.
This is a ministerial action and is exempt from CEQA.
RECOMMENDA nON
That the Town Council adopt the Resolution (Exhibit 1) approving the parcel map.
EXHIBITS
I
2
Draft Resolution
Parcel Map.
Grange parmap rpt.doc
Tiburon Town Council
SraJJ Reporr
7/21/99
1
,
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING A PARCEL MAP FOR THE ADJUSTMENT OF
LOT LINES ON THREE PARCELS OF LAND LOCATED
AT THE END OF WARREN'S WAY (GRANGE)
(ASSESSOR PARCEL NUMBERS 34-360-11. 38-322-11 & 38-182-20)
RECIT ALS
A Parcel Map proposing the adjustment of lot lines on Lot 15 of the Tiburon Highlands
and two adjacent former railroad parcels has been submitted by the property owner, Fred
Grange. The map adjusts the lot boundaries but does not result in the creation of
additional lots.
The submitted map has been examined by the Town Engineer and returned to the Town
Clerk as required in Section 14.36 of the Tiburon Subdivision Ordinance.
The Town Engineer and Planning Department Staff have determined that the map is in
substantial conformance with the approved Tentative Map adopted by Resolution No.
3339 on June 16,1999, and that all required conditions of approval have been met.
APPROVAL
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does approve the map entitled "Lot Line Adjustment, Parcel Map, Lands of
Grange" (6 sheets), prepared by Lawrence P. Doyle, dated 6/21/99, and does direct that
said map be duly recorded with Marin County.
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon
hereby accepts the offer of dedication to public use of the Emergency Vehicle Access
Easement; hereby accepts the offer of dedication to public use of the Emergency Vehicle
Turnaround Easement; and hereby accepts the offer of dedication to public use of the
Public Pedestrian Easement, as set forth on said parcel map.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
ofTiburon on , 1999 by the following vote:
A YES COUNCILMEMBERS
NOES COUNCILMEMBERS
ABSENT COUNCILMEMBERS
EXf-H8 (T I
TO:
FROM:
SUBJECT:
TOWN COUNCIL STAFF REPORT
TOWN COUNCIL
MEETING DATE: 7/21/99
SCOTT ANDERSON, <A--- ITEM NO.: 1-1-
PLANNING DIRECTOO /
PREZONE #R99-01: 4900 PARADISE DRIVE, request for prezoning of
approximately .28 acres of land to the RO-2 zone: Alexander Bischoff, owner and
applicant, Assessor Parcel No. 38-052-05.
BACKGROUND
Address:
Assessor Parcel'
Case Number
General Plan
Lot Size
Current Use
Countywide Plan
County Zoning:
Owner/ Applicant
Date Complete:
4900 Paradise Drive
38-052-05
R99-01
M (Medium Density Resid) up to 3.0 dulac.
.28 acre (approx 12,500 sq. ft.)
Single family residential
SF-5 (2-4 units/acre)
RSP (Residential Single Family Planned Zone)
Mr. Alexander Bischoff
N/A
The subject property is an approximately .28 acre lot located at the northwest corner of Paradise
Drive and Ranch Road. The lot is developed with a single-family residence and was recently
acquired by the property owner. The lot is one of seven properties located within an island of
land completely encircled by Ranch Road and Paradise Drive (see Exhibit 1). Over the past
several years, three of the seven lots have annexed to Tiburon. This lot would be the fourth.
Nearby properties within the Town ofTiburon are all zoned RO-2 (Residential-Open; 20,000 sq.
ft. lot minimum)
The property owner desires annexation into the Town as a precondition to being annexed into
Sanitary District #2. The applicant wishes to connect to the public sewer system because of a
troubled septic system
PROJECT DESCRIPTION
The applicant proposes to prezone the property for eventual annexation into the Town. Staff
recommends that the property be zoned RO-2, the same as surrounding lots that are already
within the Town limits. The recommended zoning would require that any further development of
the property be conducted in conformance with the development standards of the RO-2 zone.
Staff Report
7/21/99
Tiburon Town Council
1
,
ANALYSIS
Prezoning and annexation of this property is consistent with applicable General Plan policies.
General Plan policy LU-6, which addresses annexation of the Paradise Cay and vicinity states:
"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 property in 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."
The applicant is pursuing extension of a sewer lateral from the Sanitary District #2.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission held a public hearing on July 14, 1999 and unanimously recommended
that the Town Council prezone the property as proposed (see Exhibit 2).
STAFF RECOMMENDATION
A draft ordinance has been prepared for the Council's review (Exhibit 3). Staff recommends that
following a public hearing, the Council move to read by title only and proceed with First Reading of the
ordinance by roll call vote.
ENVIRONMENTAL STATUS
This prezoning is categorically exempt from CEQA under section 15319 of the Act, which
exempts the annexations of small parcels of the minimum size for the construction of exempt
facilities.
EXHIBITS
1. Vicinity Map.
2. Planning Commission Resolution
3. Draft Ordinance.
4. Application Form
Tiburon Town Council
Staff Report
7/21/99
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RESOLUTION NO. 99-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING THE PREZONING OF PROPERTY AT 4900 PARADISE DRIVE TO
THE RO-2 ZONING DISTRICT
ASSESSOR PARCEL 38-052-05
WHEREAS, the Planning Commission of the Town of Tiburon does
resolve as follows:
Section 1.
Findings.
A. The Planning Commission has received and considered an
application filed by Mr. Alexander Bischoff to prezone
approximately .28 acres of land in the Tiburon Planning
Area. The property is Marin County Assessor's Parcel No. 38-
052-05.
B. The Planning Staff has recommended that the property be
pre zoned to RO-2 (Residential-Open) zone.
C. The Planning Commission held a duly noticed public hearing
on the pre zoning request on July 14, 1999.
D. The Planning Commission has found that the recommended RO-2
pre zoning is consistent with the Tiburon General Plan and
the Tlburon Zoning Ordinance.
H. The Planning Commission finds that the project is
categorically exempt from the requirements of CEQA per
Section 15319 of the CEQA Guidelines.
Section 2. Recommendation.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the Town of Tiburon does hereby recommend that the Town
Council approve the pre zoning of the property identified as
Assessor Parcel 38-052-05 to the RO-2 Zoning District.
Tiburon Planning Commission
Resolution No. 99-10
7/14/99
1
EXHIBIT NO. J
,
PASSED AND ADOPTED at a regular meeting of the Planning
Commission on July 14, 1999 by the following vote:
AYES:
COMMISSIONERS: Berger, Klairmont, Knoble, Slavitz
& Stein
NOES:
COMMISSIONERS: None
MILES BERGER, CHAIRMAN
Tiburon Planning Commission
ATTEST:
SCOTT ANDERSON, SECRETARY
Tiburon Planning Commission
Resolution No. 99.10
7/14/99
2
,
ORDINANCE NO. N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
PREZONING APPROXIMA TEL Y 0.28 ACRES OF PROPERTY LOCATED AT
4900 PARADISE DRIVE
ASSESSOR PARCEL NO. 38-052-05
WHEREAS, the Town Council of the Town of Tiburon does ordain as
follows:
Section 1. Findinl!s.
A. An application has been filed to prezone approximately .28 acres of property
described as Marin County Assessor's Parcel No. 38-052-05.
B. The Planning Commission held a duly noticed and advertised public hearing
on July 14, 1999, and recommended prezoning of the property to RO-2 zone.
C. The Town Council has held duly noticed and advertised public hearings on
July 21 and August 4, 1999, and has considered all testimony in reaching its
decision.
D. The Town Council finds that the project is categorically exempt from the
requirements ofCEQA per Section 15319 of the CEQA Guidelines.
E. The Town Council finds that the prezoning is consistent with the goals and
policies of the Tiburon General Plan.
Section 2. Approval of Prezoninl!.
NOW, THEREFORE, BE IT ORDAINED that the Town Council of the
Town of Tiburon does hereby prezone the subject property, as shown on the
attached Exhibits "A" and "B", to the RO-2 Zoning District. This zoning shall
become effective immediately upon annexation of the property to the Town of
Tiburon.
Section 3. Severa bilitv.
If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town Council
hereby declares that it would have passed this and each section, subsection, phrase
Town of Tiburon
Ordinance No
NS
Adopted
, 1999
Page
1
EXHIBIT NO. J
or clause thereof irrespective of the fact that anyone or more sections, subsections,
phrase or clauses be declared unconstitutional on their face or as applied.
Section 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after the date
of passage, and before the expiration of fifteen (15) days after its passage the same,
or its legally required equivalent, shall be published with the names of the members
voting for and against the same, at least once in a newspaper of general circulation
published in the Town ofTiburon.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town ofTiburon on ,1999 by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNClLMEMBERS:
ABSENT:
COUNCILMEMBERS:
MOGENSBACH,MAYOR
TOWN OF TIBURON
ATTEST:
DIANE L. CRANE, TOWN CLERK
\scott\4900para.ord.doc
Town of Tiburon
Ordinance No. N_S
Adopted
. 1999
Page
2
TOWN OF TIBURON
LAND DEVELOPMENT APPLICATION
RECEIVED
TYPE OF APPLICATION
-
JUN 2 2 1999
o Conditional Use Permit
o Precise Development Plan
o Conceptual Master Plan
)j( Rezonin~ezonfri9)
o Zoning Text Amendment
o General Plan Amendment
o Design Review (Major)
o Design Review (Minor)
o Variance
o Sign Permit
o Tree Permit
o Underground Waiver
PLANNING DEPARTMENT
o Tentative Subdivision 11ll'iip:lF TIBURON
o Final Subdivision Map
o Parcel Map
o Lot line Adjustment
o Certificate of Compliance
o Other
APPLICANT REQUIRED INFORMATION
SITE ADDRESS: 41 00 PaA~ ~
PARCEL NUMBER: 16' - 05,) -oS
PROPERTY SIZE:
ZONING:
,J2 A-c..
K5P - C-~{7
J
};- OWNER OF PROPERTY:
MAILING ADDRESS:
CITY/STATE/ZIP:
PHONE NUMBER:
AI e-..,c... nt/it{ r I) f5/fChpjf
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FAX 4/)~ 4 J>-
4/P6
APPLICANT: (Other than Property Owner)
MAILING ADDRESS:
CITY 1ST ATE/ZIP:
PHONE NUMBER:
A> .....bpve
FAX
ARCIDTECTIDESIGNER/ENGINEER:
MAILING ADDRESS:
CITY/STATE/ZIP:
PHONE NUMBER:
FAX
Please indicate with an asterisk (*) persons to whom correspondence should be sent.
BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed):
.Ie ;,;, ~ IP
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I, the undersigned owner (or authorized agent) of the property herein described, hereby make application for
approval of the plans submitted and made a part of this application in accordance with the provisions of the Town
Ordinances, and I hereby certify that the information given is true and correct to the best of my knowledge and
bel ief.
I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town
grants the approval, with or without conditions, and that action is challenged by a third party, I will be
responsible for defending against this challenge. I therefore agree to accept this responsibility for defense at the
request of the Town and also agree to defend, indemnify and hold the Town harmless from any costs, claims or
liabilities arising from the approval, including, without limitation, any award of attorneys fees that might result
from the third party challe;ge. /// EXHIBIT No.L