HomeMy WebLinkAboutTC Res 2008-03-19 (3)
RESOLUTION NO. 14-2008
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMPLIFYING AND SUPPLEMENTING PROVISIONS OF SECTION 16-2.7 OF THE
TIBURON MUNICIPAL CODE (ZONING) WITH RESPECT TO
PLANNED DEVELOPMENT #24
BY APPROVING A PRECISE DEVELOPMENT PLAN (LING PDP)
AND ADOPTING A MITIGATION MONITORING PROGRAM
ASSESSOR PARCEL NO. 055-261-10
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section 1.
Findings.
A. The Town of Tiburon has designated a 5.6-acre property located at the end of Stony Hill
Road as Residential Planned Development (RPD) on the Zoning Map and in the zoning
regulations of the Tiburon Municipal Code at Section 16-2.16, with a further zoning
designation of Planned Development #24 on the Planned Development Map in the
aforesaid Section.
B. Tiburon Municipal Code Section 16-2.7 provides zone regulations for the RPD zone,
specifYing the approval of a Precise Development Plan prior to subdivision, grading, or
the making of improvements on property so designated. Basic zoning parameters such as
density of development, floor area limits, height limits, and yards (setbacks) are to be
specified in an approved Precise Development Plan for the property, based on site-
specific characteristics to which an appropriate amount and layout of development may
be tailored. The purpose of the RPD zone is set forth as follows:
The Residential Planned Development (RPD) Zone is intended to protect and
preserve open space land as a limited and valuable resource without depriving
owners of a reasonable use of their property for residential purposes. The regulations
of the Zone are designed to insure to the extent feasible, the conservation of natural
resources and the retention of land in its natural or near natural state in order to,
among other things, assist in the containment of urban sprawl and protect the
community from the hazards of fire, flood, seismic and other catastrophic activity,
and to otherwise implement the goals and policies of the Tiburon General Plan.
C. Tiburon Municipal Code Section 16-4.8 establishes the Precise Development Plan
purposes as follows:
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a. To provide for review by the Town a detailed development proposal for a
site, in both written and graphic form, establishing the specifics normally
associated with a residential zone, including but not limited to, setbacks or
building envelopes, coverage limits, and height limits.
b. To demonstrate consistency of a development proposal with the goals and
policies of the Town's adopted General Plan Elements.
c. To preserve and conserve critically limited open space for the protection of
the ecology and the environment, and to safeguard against the adverse
impacts of fire, noise, water pollution, the destruction of scenic beauty and
hazards related to geology, fire and flood, while at the same time providing
a reasonable use of the land.
Section 16-4.8.4 sets forth principles to be applied in the review of Precise Development
Plan applications. Section 16-4.3 declares approval of a Precise Development Plan by the
Town Council to be a legislative act.
E. The Town of Tiburon has received and considered an application filed by Joe K. Ling, et
aI, for a Precise Development Plan (the Ling Precise Development Plan) to augment and
supplement provisions of Section 16-2.7 of the Tiburon Municipal Code specific to
Planned Development #24 by proposing the development of three (3) single-family
dwellings and appurtenant improvements on an approximately 5.6-acre property.
Approximate lot acreages would be 0.99 acre for Lot 1, 1.39 acres for Lot 2 and 2.80
acres for Lot 3. The proposed Ling Precise Development Plan would establish a
maximum density of 0.54 dwelling units per acre, and provide a basic layout and RPD
zoning district parameters for the property, including but not limited to, permanent open
spaces, building envelopes, residential use areas, height limits, and floor area limits.
F. The Precise Development Plan application consists of File #30705, on file with the Town
of Tiburon Community Development Department. Materials from that application
include but are not limited to the following:
1. Project description, dated July 2, 2007;
2. Project plans (36 sheets) prepared by KAO Design Group, dated June 21,
2007;
3. Project plans (16 sheets) prepared by Oberkamper & Associates, dated
June 21, 2007
4. Revised drainage calculations and plans prepared by Oberkamper &
Associates, dated September 21, 2007
5. Drainage Report prepared by Oberkamper & Associates, dated May 8,
2007 ;
6. Drainage narrative prepared by Oberkamper & Associates, dated October
24, 2007;
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7. Geotechnical Update letter prepared by Earth Science Consultants, dated
November 5, 2007;
8. Defensible Space & Vegetation Management Plan Report prepared by
Caitlin Landscape Associates, dated June 21, 2007.
The official record for this project is hereby incorporated and made part of this resolution.
The record includes the Staff Reports, minutes, application materials, and all comments
and materials received at the public hearing.
G. An Environmental Impact Report (EIR) analyzing a five-lot project on this site was
certified by the Tiburon Town Council on January 4,2006. An Addendum to the EIR,
dated December, 2007, was prepared to evaluate the current three-lot project 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.
H. 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.
1. The Town Council held a duly noticed public hearing on the application on March 19,
2008, at which it heard and considered testimony from interested persons. The Town
Council found, based upon application materials and analysis presented in the staff report,
the certified Final EIR and the Addendum thereto, that the proposed project is, on
balance, consistent with the goals and policies of the Tiburon General Plan and in
conformance with provisions of the Tiburon Zoning Ordinance. The facts in support of
this finding are set forth in the staff reports and the certified Ling EIR and its Addendum,
all of which are incorporated into the project record.
Section 2.
Acceptance of Addendum to the EIR
NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby accepts the
Addendum to the Final Environmental Impact Report ["Addendum"] dated December 2007.
CEQA guidelines sections 15164 (a) and (b) state that an addendum should be prepared when
none of the conditions triggering a subsequent EIR or supplemental EIR have occurred. Section
15162 of the CEQA Guidelines advises the preparation of a subsequent or supplemental EIR
when substantial changes to the project require major revisions to the EIR because of new
significant environmental effects or a substantial increase in the severity of previously identified
effects. The three-lot Ling project that is currently proposed is within the range of alternatives
and impacts discussed in the certified EIR. The Addendum concludes that this proj ect design
would not result in new significant environmental effects or a substantial increase in the severity
of previously identified effects. The Final Environmental Impact Report and Addendum were
prepared under contract to the Town of Tiburon by the consulting firm of Leonard Charles &
Associates. Detailed CEQA findings have been adopted by separate resolution. The Addendum
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further concludes that with the implementation of Mitigation Measures contained therein, all
environmental impacts associated with the three-lot project design have been or would be
mitigated to a less-than-significant (L TS) level.
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 unnecessary. The
requirement to widen the open space easement for the pedestrian trail 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.
Section 3.
Conditional Proiect Approval and Adoption of Mitigation Monitoring Program.
BE IT FURTHER RESOLVED that the Town Council hereby approves the Ling Precise
Development Plan (PD #24) subject to the following conditions and adopts a mitigation
monitoring program for the project:
1. The approved Ling Precise Development Plan drawing shall consist of
a. The Project Design, as shown on the project plans (36 sheets)
prepared by KAO Design Group, dated June 21, 2007, as may be
modified herein;
b. The Project plans (16 sheets) prepared by Oberkamper &
Associates, dated June 21, 2007, as may be modified herein;
c. The project narrative, dated July 2, 2007, as modified to establish a
"building envelope" for each lot, as described under Condition of
Approval No.3 below.
2. This Precise Development Plan approval incorporates mitigation measures as
shown in the Ling Mitigation Monitoring Program, attached hereto as Exhibit A.
Applicant shall bear all costs for implementation and monitoring of said
Mitigation Monitoring Program.
3. The dimensions of the primary building envelopes shall correspond to those
shown with a ten (10) foot buffer around the building footprint for each lot as
depicted on Sheet SP-ll of the drawings prepared by KAO Design Group,
received July 2, 2007, but not to extend beyond the "residential use area"
boundaries on the same drawings. The applicant shall submit revised drawings in
compliance with these modifications no later than thirty (30) days after approval
of this Precise Development Plan becomes effective.
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4. Individual house designs submitted for Site Plan and Architectural Review
approval shall closely resemble the conceptual designs shown in the above-
referenced drawings prepared by KAO Design Group. In reviewing these
applications, the Design Review Board is directed to avoid changes to the
conceptual house designs and the precise locations that would have materially
greater impacts on views across the site from neighboring homes, substantially
increase the heights of retaining walls, result in substantially more grading,
increase the project's visibility from off-site, or otherwise substantially increase
the project's impacts on the surrounding area.
5. In furtherance of Section 16-2.7.3(a)(I) of the Tiburon Municipal Code, this
Precise Development Plan approval establishes a maximum density of 0.54
dwelling units per acre on the property and is intended to reflect ultimate
development of the property. No additional subdivision for the purpose of
creating additional building sites is permitted, and a note to that effect shall be
placed on the parcel map.
6. In furtherance of Section 16-2.7.3(f) of the Municipal Code, this Precise
Development Plan approval establishes the limit of "floor area, gross", as defined
in Section 16-1.5 therein, that may be constructed on each lot as follows:
Lot 1: 4,750 square feet, with additional garage/carport area of up
to 730 square feet.
Lot 2: 4,880 square feet, with additional garage/carport area of up
to 720 square feet.
Lot 3: 6,040 square feet, with additional garage/carport area of up
to 750 square feet.
Any garage/carport floor area in excess of the amount allowed above shall be
counted as additional gross floor area on the lot. Floor areas meeting the
definition of "basement" in the Tiburon Municipal Code shall not be included in
the calculation of gross floor area. It is understood that the square footage of each
dwelling unit as specified above is a maximum allowable square footage, and the
Design Review Board may, in its reasonable discretion in reviewing Site Plan and
Architectural Review applications for each house, approve a lesser amount of
square footage for the dwelling unit on any or all of the lots in order to ensure that
the house sizes are consistent and compatible with surrounding neighborhoods in
compliance with and as set forth in General Plan Land Use Element Goal LU-1.
7. In furtherance of Section 16-2.7.3(b) of the Municipal Code, this Precise
Development Plan approval establishes that the dwelling unit (main building on
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each lot) shall be confined to the approved "building envelope" on each lot.
Dwelling units on Lots 1 and 2 shall not exceed twenty-seven (27) feet in height
from grade, and the dwelling unit on Lot 3 shall not exceed twenty-four (24) feet
in height from grade. It is understood that these height limits represent a
maximum height, and the Design Review Board may, in its reasonable discretion
in reviewing Site Plan and Architectural Review applications for each house,
approve a lesser height for the dwelling unit on any or all of the lots pursuant to
guiding principles of site plan and architectural review as set forth in the
Municipal Code Chapter 16 (Zoning). Accessory buildings and structures shall
not exceed fifteen (15) feet in height from grade
8. In furtherance of Section 16-2.7.3(d) of the Municipal Code, this Precise
Development Plan approval establishes that accessory buildings or structures and
other improvements, including patios, decks, pools, spas, fountains and water
features, built-in barbeques, play structures, arbors, gazebos, fencing, ornamental
landscaping (including turf lawns), parking areas, driveways, and retaining walls
may be permitted in both the "building envelope" and "residential use area" on
each lot.
9. In furtherance of Section 16-2.7.3(d) of the Municipal Code, this Precise
Development Plan approval establishes that "private common landscape areas"
including the areas between 1 Owlswood Road and the public pedestrian access
and 15 Mantegani Way at the upslope of the side of the private roadway. These
areas shall be landscaped immediately following the landslide repair work.
Additionally, all landslide repair areas shall be hydro-seeded following grading for
dust control and soil stability in accordance with geotechnical engineering
recommendations. No new landscaping or vegetation shall be planted on any
other private open space areas outside the "building envelopes" or "residential use
areas" other than that approved as part of a detailed landscape plan and palette to
be submitted with the tentative subdivision map application and incorporated into
the subdivision improvement drawings.
10. In furtherance of Section 16-2.7.3(d) of the Municipal Code, no improvements of
any type, including fencing, shall be permitted outside the approved residential
use areas for each lot. This limitation does not apply to the Stony Hill Road
extension; driveways and retaining walls supporting driveways; utilities; landslide
repair devices; drainage ditches; or other ancillary improvements necessary for
installation of the subdivision improvements as approved in the subdivision
improvement drawings.
11. In furtherance of Section 16-2.7 of the Municipal Code, all portions of each lot
not included within a "building envelope", "residential use area" or a "private
common landscape area" on drawings approved herein shall be contained within
and protected by an open space easement or easements to be offered for
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acceptance to the Town of Tiburon by separate instrument as part of the parcel
map application. Said open space easement or easements (if accepted) shall be
recorded in conjunction with the recordation of the parcel map. All portions of
said open space easement or easements shall acknowledge, if necessary, any
existing or required roadway, drainage and/or utility easements and any landscape
installation (e.g. entry landscaping, retaining wall screening, and mitigation
planting) and maintenance agreements that are required as part of this Precise
Development Plan or permits issued in reliance thereon. Open space easement or
dedication documents shall be reviewed and approved by the Town Attorney and
Director of Community Development prior to acceptance for filing of the parcel
map application.
12. Colors and materials of residential improvements shall be low-reflectivity; medium
and/or dark hues that minimize contrast with surroundings and reduce visual impacts
as shown on the project plans (36 sheets) prepared by KAO Design Group, dated
June 21, 2007.
13. Applicant shall offer to the Town for dedication for public street purposes that
portion of the Stony Hill Road extension down to, and including, the project cul-
de-sac. Said dedication offer shall appear on the face of the parcel map. All
improvements within the area to be offered for dedication shall be subject to
review and approval by the Town Engineer. [Note: The Planning Commission
has recommended that the Town Council accept the dedication for public street
purposes as described above].
14. All of the 0.19-acre area shown as "Dedicated Public Open Space" on Sheet C4 of
the Oberkamper drawings received July 2,2007 shall be offered to the Town as an
easement for public access purposes as part of the parcel map. Applicant shall
install (or make a monetary contribution to cover fully the Town's estimated
reasonable costs of installing) a traversable pedestrian trail no greater than 3 to 5
feet in width within the public access easement. Applicant-performed trail
installation shall be done as part of the subdivision improvement phase of the
project. If an in-lieu monetary contribution is proposed instead of applicant
installation, then said payment shall occur prior to recordation of the parcel map.
The amount of any monetary contribution shall be based on an estimate by the
Town Engineer.
15. Draft CC&R's, deed restrictions, and/or joint maintenance agreements or other
similar instruments for the subdivision shall be prepared and submitted for review
and approval by the Town Attorney and Director of Community Development as
part of the tentative subdivision map application. Said CC&Rs or other
instruments acceptable to the Town Attorney shall contain provisions and
limitations as set forth in this Precise Development Plan approval and the adopted
Mitigation Monitoring Program to the satisfaction of the Town Attorney and
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Director of Community Development. These instruments shall contain, without
limitation, provisions for ongoing maintenance of common areas, ongoing
maintenance of drainage structures and facilities, and ongoing removal of invasive
plant species (French broom, pampas grass, etc.) from the property, and shall be
recorded in conjunction with the parcel map.
16. As part of the installation of the subdivision improvements, applicant shall
remove dilapidated fencing and fence-posts, litter, garbage, and other junk
materials from the entire site.
17. Lighting details for the Stony Hill Road extension shall be reviewed by the Design
Review Board prior to the approval of subdivision improvement drawings for the
proj ect.
18. Appearance and vegetative screening of all public roadway retaining walls in
excess of forty-two (42) inches in height shall be subject to review and approval
by the Design Review Board prior to approval of the subdivision improvement
drawings.
19. The detailed landscape plan prepared as part of the subdivision improvement
drawing submittal shall be reviewed and approved by the Design Review Board.
This landscape plan shall include removal of any remaining invasive plant
species, common area plantings, entry landscaping, retaining wall screening, and
any landscaping required in adopted mitigation measures.
20. A Tree Protection Plan (text and drawing), prepared by a qualified arborist or
similar professional, shall be submitted with the subdivision improvement
drawings to set forth protection measures for existing trees to be retained during
project construction. Said Plan shall be reviewed and approved by the Director of
Community Development and Director of Public Works prior to approval of the
subdivision improvement drawings.
21. All grading involving the use of heavy construction equipment shall be limited to
the period between April 15 and October 31. The Building Official may authorize
limited extensions of time to this period in his reasonable discretion.
22. The applicant shall fund a $25,000 dust clean-up fund to be used to clean up dust
problems created by the project at surrounding residences. Town staff shall
disburse money from the fund to appropriate contractors (cleaning services, power
washers, etc.) as needed to clean up off-site dust residues that affect the exterior or
interiors of neighboring residences. Disbursement shall be based on requests and
evidence submitted to Town staff by neighboring residents of dust accumulation,
with emphasis on clean-up after completion of major portions of project
construction (i.e. landslide repair, grading for subdivision improvements).
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23.
24.
25.
Section 4.
Unused funds shall be refunded to the applicant. A detailed program shall be set
forth at the time of Tentative Map approval.
No smoking shall be permitted on site by any person, contractor or employee
during any portion of project construction. A water truck shall be present on the
site during vegetation removal. These requirements shall be noted on the
subdivision improvement drawings and shall be incorporated into construction
documents for the contractor performing the work.
Traffic improvements required at the Stony Hill Road/Gilmartin Drive
intersection under Mitigation Measure 3.3-B.l shall be completed at the earliest
beginnings of the subdivision improvements for the project.
This Precise Development Plan approval shall be valid for thirty-six (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 is filed prior to the expiration date.
Effective Date.
BE IT FURTHER RESOLVED that this Precise Development Plan approval shall not
become effective for thirty (30) days from adoption of this Resolution, pursuant to Section 16-
4.8.3 of the Tiburon Municipal Code.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on March 19, 2008 by the following vote:
AYES:
NOES:
COUNCILMEMBERS:
Berger, Collins, Fredericks, Gram, Slavitz
COUNCILMEMBERS:
None
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DIANE CRANE IACOPI, TOWN CLERK
TIBURON TOWN COUNCIL
RESOLUTION NO. 14-2008
3/19/2008
9