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HomeMy WebLinkAboutTC Ord 1991-10-15 ORDINANCE NO. 377 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMPLIFYING AND SUPPLEMENTING THE PROVISIONS OF THE TIBURON ZONING ORDINANCE WITH RESPECT TO PLANNED DEVELOPMENT #20 BY ADOPTION OF A PRECISE DEVELOPMENT PLAN BE IT ORDAINED by the Town Council of the Town of Tiburon as follows: Section I.Findin2s. 1. The Town of Tiburon has received an application from Irving and Varda Rabin for a Precise Development Plan for the development of 32.44 acres of land between Paradise Drive and Hacienda Drive, commonly known as 3825 Paradise Drive (Assessor Parcel No's 039-021-08, 09, 10, 11, and 12). 2. The Precise Development Plan application consists of the written text and maps contained in the document entitled "Rabin Precise Development Plan" revised and date-stamped September 5, 1991. 3. The Planning Commission has held duly noticed public hearings on August 28, 1991, September 11, 1991, and September 18, 1991, for the purpose of reviewing the application and receiving comments and recommendations from the public. The Planning Commission has forwarded its recommendation for approval to the Council in the form of Resolution No. 91-21. 4. The Town Council has held a duly noticed public hearing on October 1, 1991, and has heard public testimony and has considered the recommendations of the Planning Commission. 5. The Planning Commission and Town Council have found that the project, as conditioned, is consistent with the General Plan of the Town of Tiburon, is in conformance with the Tiburon Zoning Ordinance, and is categorically exempt from CEQA. Section 2. Adoption. NOW, THEREFORE, the Tiburon Town Council does adopt the Rabin Precise Development Plan as attached, subject to the following modifications and conditions: 1 GENERAL 1. The provisions of this Precise Development Plan are intended to supplement and amplify provisions of Section 2.07 of the Tiburon Zoning Ordinance (Residential Planned Development Zone), specifically for this property. Unless otherwise indicated in this application or approval, provisions of the Tiburon Zoning Ordinance shall apply to the property. 2. The Precise Plan text dated 9/5/91 is modified as follows: a. P. 1, references to the square footage of the property in paragraphs (a) and (c) shall be changed from 31.58 to 32.44 to reflect survey information. Also in paragraph (a), the word "facilities" shall be added after the word "cooking". b. P. 4, paragraph 2(e) regarding trails shall be changed to read "Trails: A pedestrian easement is being provided across Assessor Parcel 039-021-07 to connect the Town's open space property to Paradise Drive". ACCESS 3. All vehicular access to the property over improved roadway shall be from Paradise Drive, utilizing the existing driveway route. If required by the Fire Marshal, an unpaved, gated, roadway to be used for emergency purposes only, shall connect the. Rabin property to the existing Hacienda fire road. No other improved roadways of any kind shall be permitted without an amendment of this Plan. 4. Prior to issuance of the Certificate of Occupancy for the new residence, the owner shall grant to the Town of Tiburon a 10 foot wide public pedestrian access easement across Assessor Parcel 039-021-07. Owner shall cause to be prepared the appropriate documents for such grant of easement. The easement will provide a connecting link between the Tiburon Ridge and Paradise Drive. The final route shall be approved by the Town Council, and shall be demonstrated to be walkable to the satisfaction of the Planning Department. As an alternative to granting an easement, the owner may otTer to grant ownership of the 10 foot wide strip to the Town, if agreed to by the Council. USE 5. This Precise Development Plan approves zoning for one single family residence and accessory structures on approximately 32.44 acres at 3825 Paradise Drive. The following building envelopes and structures are approved: 2 a. A primary building envelope for a single family residence and garage; height limit of 28 feet; overlapping the foundation of the previous residence on the site. b. A secondary building envelope for one unli2hted tennis court; envelope height limit of 12 feet above finished grade. c. A secondary building envelope around the existing dome unit, hereby approved as a guest house without cooking facilities; 15 foot height envelope limit. d. A secondary building envelope around the existing garage, which is currently buried on three sides; height limit of 15 feet. The envelope is approved for garage/storage use only. This structure shall not be enlarged or further exposed to view without approval by the Planning Commission. e. A secondary building envelope around the three existing water tanks located near the ridgetop; height limit of 19 feet. The envelope is approved for the three water tanks only. No additional capacity shall be permitted and the tanks shall be screened by vegetation at all times. f. A secondary building envelope around the proposed swimming pool; height limit not to exceed 8 feet. The envelope is approved for a swimming pool, pool fence, and possible pool house. g. There are two other structures existing on-site, a small open dome approved as a play structure; and a wooden shed, approved for storage only. These structures may be maintained in good repair, but may not be enlarged or their use altered without approval by the Planning Commission. 6. Existing open wire property line fencing may be maintained and repaired as necessary. Fencing shall not exceed six feet in height and should provide occasional openings. for movement of wildlife. 7. The existing capacity of the water pump located near Paradise Drive on Assessor Parcel 039-021-07 shall not be increased without prior approval by the Planning Commission. OTHER 8. Any future subdivision of the property shall require an amendment to this Precise Development Plan and an Environmental Impact Report (EIR), and shall encompass the "master planning" of the entire property. Piecemeal subdivision of the property is to be avoided. EtTects of future 3 subdivision on the spring used to irrigate the property shall be addressed in any EIR). 9. Property owner shall take all necessary steps to ensure that future Marin County Assessor Parcel Maps depict the property as a single entity and not as five separate parcels, and' shall initiate proceedings to annex Assessor Parcel 039-021-07 to the Town of Tiburon. 10. Owner shall obtain Site Plan and Architectural Review approval for the three existing water tanks located near the ridge. If approved, owner shall also obtain building permits pursuant to Section 301 of the 1988 Uniform Building Code. The tanks shall be maintained in good condition and shall be kept painted dark brown or dark green (unless otherwise approved by the Board) in order to be as visually insignificant as possible. 11. Prior to their construction, all proposed structures shall receive Site Plan and Architectural Review approval from the Town. Plans submitted shall provide' details of proposed f~nces, retaining walls, drainage ditches. 12. Hours of construction shall be as regulat.ed by Chapter 13 of the Tiburon Town Code. 13. Alteration and removal of trees, other than as approved herein or through Site Plan and Architectural Review, shall be regulated by Chapter 15 of the Town Code, or its successor sections. INFRASTRUCTURE 14. In implementing the Precise Plan approval, owner shall satisfy the requirements of the Town Engineer, Tiburon Fire Protection District, and Marin Municipal Water District. 15. Prior to issuance of building permits, owner shall satisfy all requirements of the Town Engineer and Tiburon Fire Protection. District with respect to the driveway. Letters attesting that the' driveway improvements are satisfactory shall be provided to the Building Division prior to issuance of building permits.. 16. All utilities reasonably related to the project shall be undergrounded in accordance with Town regulations. 17. Sanitary sewer service shall .be provided as set forth in the conditions of Marin County LAFCO Resolution No. 91~12, attached as Exhibit 1. If such sanitary sewer service is not feasible for the single residence approved herein, then all applicable State, Town, and Marin County regulations concerning the installation of an individual septic system shall apply. 4 18. This Precise Development Plan, if unexercised within 24 months following its etTective date, shall be subject to revocation by the Town. Section 3. Severa bility. If any portion of this Ordinance is struck down by court action, all other portions will remain in etTect. Section 4. EtTective Date. . . This Ordinance is .to take etTect and be in force at the expiration of thirty (30) days from and after its 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 of Tiburon. . PASSED AND ADOPTED ata regular meeting of the Town Council of the Town of Tiburon on October 15, 1991, by the following vote: AYES: COUNCILMEMBERS: Coxhead, Friedman, Kuhn, Thayer None Logan NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ATTEST: %/rM~ ~.~ . THERESE M. HE SSY, T CLERK 5