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HomeMy WebLinkAboutTC Res 2008-03-19 (2) RESOLUTION 13-2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING FINDINGS RELATING TO THE APPROVAL OF THE STONY HILL DEVELOPMENT (FORMERLY CALLED "LING RESIDENTIAL DEVELOPMENT") PRECISE DEVELOPMENT PLAN PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ASSESSOR PARCEL NUMBER 55-261-10 SECTION 1 - INTRODUCTION WHEREAS, on January 4, 2006 the Town Council of the Town of Tiburon adopted Resolution No. 04-2006 certifying the Final Environmental Impact Report (EIR) for the Stony Hill Development (formerly called "Ling Residential Development", PD#24) Project. WHEREAS, an Addendum to the EIR, dated December, 2007, was prepared to evaluate the current three-lot proj ect design. The Planning Commission considered the certified EIR and the EIR Addendum in making its recommendation to the Town Council on the merits of the project. The Planning Commission held duly noticed public hearings on the application on February 13 and February 27, 2008. Following the public hearings, the Planning Commission adopted Resolution No. 2008-02 recommending to the Town Council conditional approval of the project as evaluated in the EIR Addendum for the project. WHEREAS, the EIR identified certain significant environmental impacts caused by the Stony Hill Development Project (PD#24) and recommends specific mitigation measures to reduce certain of these impacts to a less-than-significant level and the Town Council has certified the EIR as being adequate according to CEQA and has reviewed and considered the information in the EIR and the entire record; therefore, the Town Council makes specific findings, as follows, for each significant impact, pursuant to CEQA 21081, based not only on the EIR, but evidence in the entire record, including written and oral testimony to the Planning Commission and Town Council. SECTION 2 - LOCATION AND CUSTODIAN OF DOCUMENTS The Recording of Proceeding ("Record") upon which the Town Council bases these findings and its actions and determinations regarding the proposed project includes, but is not limited to: 1 The Final EIR, which consists of the Ling Residential Development Draft Environmental Impact Report (April 2005); the Ling Residential Development Final Environmental Impact Report Response to Comments Document (November 2005); the Stony Hill Development (Formerly Called "Ling Residential Development'') Addendum to the Ling Residential Development Final EIR Tiburon Town Council Resolution No. 13-2008 3/19/2008 Page 1 (December 2007), in addition to any appendices and technical reports cited in and/or relied on in preparing the Final EIR. 2 All staff reports, Town files and records and other documents, prepared for and/or submitted to the Planning Commission, Town Council and/or Town staff relating to the Final EIR, addendums, and/or the proposed project. The location and custodian of the Record is the Town of Tiburon Community Development Director, 1505 Tiburon Boulevard, Tiburon, California, 94920. SECTION 3 -- SIGNIFICANT IMPACTS THAT CAN BE MITIGATED TO A LESS- THAN-SIGNIFICANT LEVEL The FEIR indicates that certain significant environmental impacts will or may result from approval of the proposed project. The FEIR concludes that each of these significant impacts can be mitigated to a less-than-significant level. In response to those significant impacts so identified in the FEIR discussed in this Section 3, alterations have been required to the proposed project or mitigation has been incorporated into or imposed on the project which will avoid or substantially lessen each significant environmental impact identified in this section. The Town Council hereby finds that each and every mitigation measure identified in this section is feasible and has been imposed on or incorporated into the proposed project, and the Town Council further finds that the significant impacts described in this section have been reduced to a less-than-significant level by incorporation of these mitigation measures. The Town Council adopts the findings contained herein. Geology and Soils Impact 3.1-A Residences and other improvements could/ail due to landslides on the site. Facts and Evidence In Section 3.1 (Geology and Soils) the EIR found that project improvements could fail due to existing landslides on the site. . This would constitute a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that impacts associated with landslides will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.1-A.l to 3.1-A.3. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measures 3.1- A.l to 3.1- A.3 include specific measures to repair existing landslides so that future homes and other improvements would not fail and that landslides would be stabilized consistent with the Town's Landslide Repair Policy. TIBURON TOWN COUNCIL RESOLUTION NO. 13-2008 3/19/08 2 Impact 3.1-B Residences and other improvements could fail and residents could be injured by seismic events. Facts and Evidence In Section 3.1 (Geology and Soils) the EIR found that project improvements could fail due to seismic events occurring in the area or region. This would constitute a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that impacts associated with seismic activity will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.1-B.l and 3.1-B.2. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measures 3.1-B.l and 3.1-B.2 include specific measures to design project improvements to withstand probable earthquakes. Impact 3.1-C Development of homes and other improvements on the expansive soils of the site could result in the failure of these improvements. Facts and Evidence In Section 3.1 (Geology and Soils) the EIR found that project improvements could fail due to expansive soils occurring on the site. This would constitute a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that impacts associated with seismic activity will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.1-C.l to 3.1-C.5. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measures 3.1-C.l to 3.1-C.5 include specific geotechnical design measures to design improvements and construct all proposed improvements to withstand any soil constraints on the site. TIBURON TOWN COUNCIL RESOLUTION NO. 13-2008 3/19/08 3 Hydrology Impact 3.2-A Development of the project would create new impervious surfaces, increasing the rate and amount of storm water runoff. This runoff could contribute to local or downstream flooding and/or changes in the direction or mode of area drainage. Facts and Evidence In Section 3.2 (Hydrology) the EIR found that the project would increase runoff from the site and cause flooding downstream of the site. This would constitute a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that impacts associated with downstream flooding will be mitigated to a less-than-significant level by the imposition of Mitigation Measure 3.2-A.1. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measure 3.2-A.l includes construction of on-site detention facilities to maintain peak flows from the site at the pre-project level, so there would be no increase in peak runoff from the project site. Impact 3.2-B The proposed project storm drain outfall in the intermittent creek could cause locally complex flow patterns that could destabilize the western creekbank and the energy dissipation structure installed for the project. Facts and Evidence In Section 3.2 (Hydrology) the EIR found that runoff from the project could cause streambank erosion of the receiving stream. This constitutes a potentially significant erosion and sedimentation impacts. Finding Based upon the EIR and the entire record, the Town Council hereby finds that impacts on erosion and downstream sedimentation will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.2-B.l and 3.2-B.2. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. TIBURON TOWN COUNCIL RESOLUTION NO. 13-2008 3/19/08 4 Rationale This mitigation requires bank stabilization at the pipe outlet and installation of a stable outlet pIpe. Impact 3.2-C Project development, including the repair of on-site landslides, would result in the construction of 0.9 acres of impervious surfaces, removal of site vegetation and the grading of large portions of the site. Construction of hillside residences and related improvements would also result in increases in concentrated downslope runoff, which could erode the steep, regraded hillslope soils. Facts and Evidence In Section 3.2 (Hydrology) the EIR found that runoff from the project would require extensive landslide repair and that soils could erode from these repair sites and cause sedimentation of downstream drainage channels. These constitute potentially significant erosion and sedimentation impacts. Finding Based upon the EIR and the entire record, the Town Council hereby finds that impacts on erosion and downstream sedimentation will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.2-C.l and 3.2-C.2. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale This mitigations require completion and implementation of an Erosion Control Plan and connecting subsurface drains to the surface drainage ditch and/or the principal IS-inch storm drain running downslope from the Stony Hill Road cul-de-sac. Mitigation Measure 3.2-C.1 identifies what elements are to be included in that plan. The plan will be monitored for effectiveness by the Town. Implementation of this measure will reduce this impact to a less- than-significant level. Traffic and Circulation Impact 3.3-B Sight distance limitations at the Stony Hill Road/Gilmartin Drive intersection and resultant existing safety concerns would increase with the addition of project traffic to this intersection. Facts and Evidence In Section 3.3 (Traffic and Circulation) the EIR found that the project would increase traffic volumes at the Stony Hill Road/Gilmartin Drive intersection. There is inadequate sight distance at this intersection. This constitutes a potentially significant traffic safety impact. TIBURON TOWN COUNCIL RESOLUTION NO. 13-2008 3/19/08 5 Finding Based upon the EIR and the entire record, the Town Council hereby finds that the project and cumulative-plus project impacts on the left turn lane queuing capacity will be mitigated to a less-than-significant level by the imposition of Mitigation Measure 3.3-A.l. Accordingly, changes or alterations have been required in, or incorporated into, the proposed proj ect which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less- than-significant level. Rationale Mitigation Measure 3.3-A.l requires installation of a stop sign on the southbound Gilmartin Drive approach to the Stony Hill Road intersection, plus several warning signs. These improvements would reduce the risk of accident due to inadequate sight lines. Impact 3.3-D Over the several-month construction phase, the project would add from 11 to 22 semi-trailer trucks (depending upon the grading alternative), as well as other construction traffic, during project construction phases to Stony Hill Road, Gilmartin Drive and Tiburon Boulevard. Facts and Evidence In Section 3.3 (Traffic and Circulation) the EIR found that project construction traffic would damage pavement and cause traffic congestion. This constitutes a potentially significant traffic impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that impacts on the driveway will be mitigated to a less-than-significant level by the imposition of Mitigation Measure 3.3-D.1. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measure 3.3-D.l requires development and compliance with a construction traffic control plan and roadway (pavement) mitigation plan. This plan will limit construction traffic hours and parking and require pavement repair where warranted. Impact 3.3-E The project plus other cumulative traffic would increase traffic volumes at the Stony Hill Road/Gilmartin Drive and the Gilmartin Drive/Tiburon Boulevard intersections. Facts and Evidence In Section 3.3 (Traffic and Circulation) the EIR found that project plus other projected new development would cause southbound Gilmartin Drive approach would deteriorate from LOS E (2020 without project conditions) to LOS F operation, with 4.2 seconds added delay due to TIBURON TOWN COUNCIL RESOLUTION NO. 13-2008 3/19/08 6 the project during the weekday AM commute peak traffic hour, and continue to operate at LOS E (2020 without project conditions), with 3.0 seconds delay added due to the project during the PM commute peak traffic hour. The intersection would operate worse than LOS D with delay exceeding 35 seconds. This exceeds the Caltrans criterion for Tiburon Boulevard and constitutes a potentially significant cumulative impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the traffic safety impact will be mitigated to a less-than-significant level by the imposition of either Mitigation Measure 3.3-E.l or 3.3-E.2. Mitigation Measure 3.3-E.3 would also apply. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measure 3.3- E.l would add a southbound right turn lane on Gilmartin Drive, while Mitigation Measure 3.3-E.3 would add a merge/acceleration lane on Tiburon Boulevard at the Gilmartin Drive intersection. Implementation of either of these two measures will mitigate this impact to a less-than-significant level. Mitigation Measure 3.3-E.3 states that the project would be fiscally responsible for its fair share of either alternative. Noise Impact 3.4-C Construction of project improvements would generate construction noise over a period exceeding one year. Facts and Evidence In Section 3.4 (Noise) the EIR found that proj ect construction would generate substantial periodic noise levels in the vicinity of the site. These levels would exceed existing ambient levels. This would be a temporary but potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that construction period noise impacts due will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.4-C.l through 3.4-C.5. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale These mitigation measures will reduce construction noise impacts to a less-than-significant level by implementing the measures set forth in the Town of Tiburon's Municipal Code Chapter 13 construction hour limitations. In addition, construction equipment mufflers and maintenance and idling prohibitions will be required. A Noise Disturbance Coordinator will TIBURON TOWN COUNCIL RESOLUTION NO. 13-2008 3/19/08 7 be responsible for responding and addressing construction noise complaints. Implementation of these measures will reduce this impact to a less-than-significant level. Aesthetic Quality Impact 3.5-A Proposed residences would change views from public and private vantage points. Facts and Evidence In Section 3.5 (Visual Quality) the EIR found that with implementation of the project the visual impacts of proposed buildings looking from public and private open spaces would be a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the visual impact will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.5-A.l through 3.5-AA. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than- significant level. Rationale Mitigation Measure 3.5-A.l limits building size to be consistent with surrounding residences. Mitigation Measure 3.5-A.2 requires that the colors of new homes not significantly contrast with surrounding vegetation. Mitigation 3.5-A.3 allows the Town to require additional landscaping when conducting Site Plan and Architectural Review. Mitigation Measure 3.5- AA requires a photo simulation of each proposed residence and its ancillary improvements be submitted at the time of the Site Plan and Architectural Review application for each residence, with the photosimulation prepared from the same location as Visualization 2 as depicted in the EIR Addendum dated December 2007. The purpose of the design-review-Ievel simulations is to ensure that the level of visual impact is comparable to that disclosed in the EIR and is not materially greater. The mitigation measures will reduce the visual impact to a less-than-significant level. Impact 3.5-B Project retaining walls would change views. Facts and Evidences In Section 3.5 (Visual Quality) the EIR found that with implementation of the project the visual impacts of retaining walls looking from private and public vantage points surrounding the site would be a potentially significant impact. TIBURON TOWN COUNCIL RESOLUTION NO. 13-2008 3/19/08 8 Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the visual impact will be mitigated to a less-than-significant level by the imposition of Mitigation Measure 3.5-B.1. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measure 3.5-B.l requires landscape screening and/or terraced walls with landscaping to reduce the visual impact of a solid wall. The mitigation measures will reduce the visual impact to a less-than-significant level. Impact 3.5-C Projectfencing would change views in the area. Facts and Evidence In Section 3.5 (Visual Quality) the EIR found that with implementation of the project the visual impacts of new fencing looking from private and public vantage points surrounding the site would be a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the visual impact will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.5-C.l and 3.5-C.2. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than- significant level. Rationale The mitigation measures limit the area to be fenced and require wood and wire fencing that is minimally visible from off the site. These mitigation measures will reduce the visual impact to a less-than-significant level. Impact 3.5-D Project V-ditches would alter views in the area. Facts and Evidence In Section 3.5 (Visual Quality) the EIR found that with implementation of the project the visual impacts of project drainage ditches looking from private and public vantage points surrounding the site would be a potentially significant impact. TIBURON TOWN COUNCIL RESOLUTION NO. 13-2008 3/19/08 9 Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the visual impact will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.5-D.l through 3.5-D.3. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than- significant level. Rationale The mitigation measures require the smallest feasible ditch, with use of vegetated swales if feasible. If vegetated swales are not feasible, then the concrete will be colored and plantings will be used to screen or buffer views of the ditches. The mitigation measures will reduce the visual impact to a less-than-significant level. Impact 3.5-E Project lighting would change nighttime views in the area. Facts and Evidence In Section 3.5 (Visual Quality) the EIR found that with implementation of the project the visual impacts of project lighting looking from private and public vantage points surrounding the site would be a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the visual impact will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.5-E.l to 3.5-E.6. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale The first five mitigation measures require that outdoor lighting be minimized and designed not to escape off the site. Mitigation Measure 3.5-E.5 requires that the new access street be screened or aligned so that headlights do not intrude on an existing residence. The mitigation measures will reduce the visual impact to a less-than-significant level. TIBURON TOWN COUNCIL RESOLUTION NO. 13-2008 3/19/08 10 Fire and Emergency Medical Response Impact 3. 7-A The project would generate calls for fire response and emergency medical aid. Facts and Evidence In Section 3.7 (Fire Protection and Emergency Medical Response) the EIR found that with implementation of the project there would be an increased demand for fire protection. This would be a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project, the fire and emergency response impact will be mitigated to a less- than-significant level by the imposition of Mitigation Measure 3.7-A.1. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than- significant level. Rationale Mitigation Measure 3.7-A.l requires that the project fund the cost of purchasing and installing a traffic signal preemptor for the signal at the intersection of Tiburon Boulevard and San Rafael Avenue and a traffic signal emitter for one of TFPD's vehicles. The mitigation measure will reduce the fire and emergency response impact to a less-than-significant level. Impact 3. 7-C Homes on the site would be at risk from wildland fires. There is a risk of wildfire igniting during project construction. Facts and Evidence In Section 3.7 (Fire Protection and Emergency Response) the EIR found that residences on the project site would be subject to wildland fires. This would be a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the fire impact will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.7-C.l through 3.7-CA. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than- significant level. TIBURON TOWN COUNCIL RESOLUTION NO. 13-2008 3/19/08 11 Rationale These mitigation measures ensure that the project would be constructed consistent with the requirements of the Tiburon Fire Protection District and that future lot owners will be responsible for maintaining landscaping in a fire resistant fashion in common open space areas, common landscape areas, and private dedicated open space. The mitigation measures will reduce the fire impact to a less-than-significant level. Impact 3.9-A The project would generate demand for wastewater collection, treatment, and disposal service. Wastewater Collection, Treatment, and Disposal Facts and Evidence In Section 3.9 (Wastewater Collection, Treatment, and Disposal) the EIR found that unless the project was constructed per the requirements of Sanitary District #5, there could be impacts to the wastewater system. This would be a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that due to changes in the proposed project the wastewater impact will be mitigated to a less-than-significant level by the imposition of Mitigation Measure 3.9-A.l. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measure 3.9-A.l requires that the project be constructed per the requirements of Sanitary District #5. The mitigation measure will reduce the wastewater impact to a less- than-significant level. Recreation Impact 3. 11-A The proposed public open space would not allow safe access to existing open space and would cause soil erosion. Facts and Evidence In Section 3.11 (Recreation) the EIR found that the proposed public access to Town-owned open space would potentially not allow safe access and would potentially cause erosion. This would be a potentially significant impact. TIBURON TOWN COUNCIL RESOLUTION NO. 13-2008 3/19/08 12 Finding Based upon the EIR and the entire record, the Town Council hereby finds that recreation impacts will be mitigated to a less-than-significant level by the imposition of Mitigation Measure 3.1-A.2. Mitigation Measures 3.11-A.l and 3.11-A.3 are rejected as unnecessary to reduce or avoid potentially significant environmental impacts associated with the project. The requirement to make guest parking spaces available to the public near the future pedestrian trail could encourage unintended levels of public use of the trail, which could prove to be disruptive to the residents of this neighborhood. The Town's intent is to have the trail easement provide local access to the adjacent open space area, and the securing of public access easements up to and including the trail alignment secures that purpose, making the public parking spaces described in Mitigation Measure 3.11-A.3 unnecessary. The requirement to widen the public access easement for the pedestrian trail, as described in Mitigation Measure 3.11- A.l is unnecessary as there is adequate space within the 20 foot width of the proposed easement to route a 3 to 5 foot wide path, using switchbacks and/or other commonly-practiced methods, to reduce trail slope to an acceptable level for the types of recreational hikers who would be expected to use the trail and to minimize erosion. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measures 3.11-A. 2 requires a public access easement over the on-site street to the trail easement to ensure public access to the proposed trail and open space beyond. This measure will reduce the impact to recreation to a less-than-significant level. Other Resources Impact 3. 12-A Air Quality Facts and Evidence In Section 3.12 (Other Resources) the EIR found that construction actIvItIes, including grading would generate dust into the air and that proj ect construction and use would generate greenhouse gases. This is a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that construction period impacts due to dust will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.12-A.l through 3.12-A.ll. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Based upon the EIR and the entire record, the Town Council hereby finds that potential greenhouse gas impacts due to project implementation will be mitigated to a less-than- significant level by the imposition of Mitigation Measures 3.12-A.12. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate TIBURON TOWN COUNCIL RESOLUTION NO. 13-2008 3/19/08 13 or avoid the significant effects on the environment. The impact is mitigated to a less-than- significant level. Rationale Mitigation Measures 3.12-A.l through 3.12-A-ll will reduce dust emissions from grading and other construction activities to a less-than-significant level by implementing dust control measures. These dust control measures include preventing visible dust clouds from extending beyond construction sites, watering all active construction areas at lest twice daily and more often during windy period and covering all hauling truck or maintaining two feet of freeboard. Implementation of these measures will reduce this impact to a less-than-significant level. Mitigation Measure 3.12-A.12 requires energy efficiency, active and passive solar design, solar water heating, and that at least 50% of project energy demand be generated on-site. Implementation of this mitigation measure will reduce this impact to a less-than-significant level. Impact 3. 12-A (second part) Asbestos Facts and Evidence In Section 3.12 (Other Resources) the EIR found that it is possible that harmful levels of asbestos could be exposed during landslide repair activities. This would be a potentially significant impact. Finding Based upon the EIR and the entire record, the Town Council hereby finds that potential impacts from asbestos will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.12-E.l and 3.12-E.2. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than-significant level. Rationale Mitigation Measures 3.12- E.l requires that excavated material be tested for the presence of asbestos. Mitigation Measure 3.12-E.2 requires compliance with the State's "Asbestos Airborne Toxic Control Measures for Construction, Grading, Quarrying, and Surface Mining Operations" (California Code of Regulations, Title 17, Section 93105). This regulation requires the applicant to prepare an Asbestos Dust Mitigation Plan which must be approved by the BAAQMD prior to the initiation of grading. Implementation of these measures will reduce this impact to a less-than-significant level. Impact 3. 12-B Biological Resources Facts and Evidence In Section 3.12 (Other Resources) the EIR found that the project could remove native oaks and disrupt nesting raptors. This would be a potentially significant impact. TIBURON TOWN COUNCIL RESOLUTION NO. 13-2008 3/19/08 14 Finding Based upon the EIR and the entire record, the Town Council hereby finds that potential impacts on biological resources will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.12-B.l and 3.12-B.2. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than- significant level. Rationale Mitigation Measure 3.12-B.l requires avoidance of trees where raptors are nesting. Mitigation Measure 3.12-B.2 requires oak tree replanting at a 3:1 ratio for any oak removed that is over 5 inches diameter at breast height. Implementation of this measure will reduce this impact to a less-than-significant level. Impact 3. 12-C Cultural Resources Facts and Evidence In Section 3.12 (Other Resources) the EIR found that while no discernible impacts to archaeological resources are anticipated and no human remains are expected to be present on the site, the possibility cannot be precluded that prehistoric cultural deposits and features are present below the ground surface and could be damaged during land alteration activities. Finding Based upon the EIR and the entire record, the Town Council hereby finds that potential impacts on subsurface cultural resources will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 3.12-C.l through 3.12-C.3. Accordingly, changes or alterations have been required in, or incorporated into, the proposed project which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-than- significant level. Rationale Mitigation Measures 3.12-C.l through 3.12-C.3 require that the applicant shall implement specific measures in the event that archaeological artifacts or cultural resources deposits are encountered during future grading, excavation, or other land alterations or in the event that human skeletal remains are discovered anywhere on the site. Implementation of these measures will reduce this impact to a less-than-significant level. SECTION 4 - IMPACTS FOUND NOT TO BE SIGNIFICANT During the CEQA scoping process applied to the project, some environmental impacts were dismissed with a "Less- Than-Significant Impact" response on the Initial Study, on the ground that there was no fair argument that such impacts would occur. The Town Council finds that TIBURON TOWN COUNCIL RESOLUTION NO. 13-2008 3/19/08 15 there is no substantial evidence in the record that the decisions made in the Initial Study (included in the EIR appendix) to dismiss such theoretical impacts were erroneous, nor is there substantial evidence that any impact that might occur has not been adequately examined in the EIR. Additionally, the Town Council finds, based on the EIR and the record that the following impacts identified in the EIR are less-than-significant and do not require mitigation. Impact 3.3-A Project traffic would increase traffic volumes at the Stony Hill Road/Gilmartin Drive and the Gilmartin Drive/Tiburon Boulevard intersections. Impact 3.3-C The project access driveway serving Lot 1 could pose safety concerns. Impact 3.4-A The project would not be exposed to or generate excessive noise. Impact 3.5-F Landslide repair and project construction will result in short-term views of substantial cut and fill grading. Impact 3.6-A The project would generate about 5-6 students. Impact 3.6-B Project development, combined with development of other projects could result in school overcrowding. Impact 3.7-B The project site could have inadequate fireflow. Impact 3.7-D Project development, combined with development of other anticipated projects, could contribute to cumulative demands for fire protection services and emergency medical services. Impact 3.8-A The project would generate demand for water service. Impact 3.8-B Project development, combined with development of other anticipated projects in the planning area, would contribute to cumulative demands on water facilities. Impact 3.9-B Project development, combined with development of other anticipated projects, would contribute to cumulative demands on wastewater facilities. Impact 3.10-A The project would generate calls for police response. Impact 3.10-B Project development, combined with development of other anticipated projects in the planning area, would contribute to cumulative demands for police services. SECTION 5 - ADOPTION OF FINDINGS The Town Council hereby adopts the Findings of Fact and Rationales as set forth in Sections 1 through 3 of this Resolution. TIBURON TOWN COUNCIL RESOLUTION NO. 13-2008 3/1 9/08 16 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon held on March 19,2008 by the following vote: AYES: COUNCILMEMBERS: Berger, Collins, Fredericks, Gram, Slavitz NOES: COUNCILMEMBERS: None ,__=':-'7 A TTE.....~T) ,'..'ll1..ff) .-' 'j.' /'( 1// ./ I ,/ :/') ,.' ..." :~r::).l ,'// ~ -' / / (,,< 0/<;/,/ DIANE CRANE IAcffl>I~ TOwN CLERK TIBURON TOWN COUNCIL RESOLUTION NO. 13-2008 3/19/08 17