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Home My WebLink AboutTC Ord 2008-05-21 (3) It'\ll\\ Itit t\[ .:-:.: tZj lZI /3 -' ILl tZ. ':::2 t:.:J G'~t t) AP# 039-070-32 This document is for the benefit of the Town of Tiburon Recording Requested, Return to: TOWN OF TIBURON ATTN: DIRECTOR OF COMMUNITY DEVELOPMENT 1505 TIBURON BOULEVARD TIBURON, CA 94920 DOCUMENT TITLE ORDINANCE AMENDING A MASTER PLAN APPROVAL FOR PROPERTY COMMONLY KNOWN AS 7 WILKINS COURT (TOWN OF TIBURON PLANNED DEVELOPMENT #19) ~':? -1:' C. F.", .1. V E D ~ \l. . ' c'-" ~ " '}UN 2 4 2~~ \ "-RK . \.lLt_ ( F TiBURON .,. c- ORDINANCE NO. 509 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE 7 & 9 WILKINS COURT MASTER PLAN (PD#19) TO MODIFY A BUILDING ENVELOPE AND CREATE A LANDSCAPE ENVELOPE ON PROPERTY LOCATED AT 7 WILKINS COURT The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. RECITALS AND FINDINGS. 1. In 1978, the Town adopted Ordinance No. 198 N. S. approving a Master Plan for certain property, allowing for the development of a 1.97 -acre parcel of land to be used as building sites for two single family dwellings, and establishing various zoning parameters therefore. 2. The 1.97 acre property was subsequently developed with two single family dwellings now known as 7 and 9 Wilkins Court. 3. The Town has subsequently amended the 7 & 9 Wilkins Court Master Plan to expand the building envelope through adoption of Ordinance 284 N.S. in 1984. 4. The Town of Tiburon is currently in receipt of an application from Ruschmeyer & Associates to amend the aforesaid Master Plan by allowing for the creation of a landscape envelope and to expand the existing building envelope at 7 Wilkins Court; and 5. The Tiburon Planning Commission held a duly noticed public hearing on April 9, 2008, heard testimony from any interested persons, and recommended conditional approval of the master plan amendment application to the Town Council by adopting Resolution No. 2008-07. 6. The Town Council held public hearings on May 7, 2008, and May 21, 2008, heard and considered any public testimony on the matter, and has reviewed and considered the entire proj ect record. 7. The Town Council finds that the project is consistent with the goals and policies of the Tiburon General Plan; is in conformance with standards and regulations of the Tiburon Zoning Ordinance; and is consistent with other provisions of the 7 & 9 Wilkins Court Master Plan, as set forth and documented in the Staff Reports dated April 9, 2008 and May 7,2008. 8. The Town Council finds that the master plan amendment will not be contrary to the public health, safety or general welfare. Town ofTiburon Ordinance No. 509 N.s. Effective 06/20/2008 I 9. The Town Council finds that the project is categorically exempt from CEQA pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines. SECTION 2. MASTER PLAN AMENDMENT. The Town Council of the Town of Tiburon does hereby amend the 7 & 9 Wilkins Court Master Plan (PD# 19) creating a landscape envelope and expanding the existing building envelope at 7 Wilkins Court, subject to conditions as set forth in attached Exhibit "A", hereby incorporated into and made a part of this Ordinance. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of the court of competent jurisdiction, such section, subsection, sentence, clause or phrase shall be deemed severable and shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. 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 a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. This Ordinance was introduced at a meeting of the Town Council held on May 7,2008, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on May 21, 2008, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Berger, Collins, Fredericks, Gram, Slavitz None None i, , i, -/-..-- 1. 1"~'- , ") j' It _! \./,u, . .' A VITZ~A YOR /': OF TIBlJRQN ATTEST:) / ./ / /1 / / ' (! /. DIANE CRANE IACOPi::TOwN CLERK Town of Tiburon Ordinance No. 509 N.s. Effective 06/20/2008 2 Exhibit "A" 1. The building envelope modification for Parcel 1 (7 Wilkins Court) is amended as shown on the drawing (one sheet) entitled "Proposed Site Plan, Hills Residence Remodel", last revised 3/31/2008, prepared by Ruschmeyer & Associates, said drawing being on file with the Town of Tiburon Planning Division in File #30801. 2. A Landscape Envelope for Parcell (7 Wilkins Court) is hereby established as shown on the drawing (one sheet) entitled "Proposed Site Plan, Hills Residence Remodel", last revised 4/08/2008, prepared by Ruschmeyer & Associates, said drawing being on file with the Town of Tiburon Planning Division in File #30801. 3. The purpose and limitations of the Landscape Envelope is as follows: Landscape Envelope: An envelope within which plantings and landscaping may be installed in a manner that deviates from the "undeveloped state" otherwise required by the Parcel Map note and the "natural state" otherwise required in the recorded CC&R's for the subdivision. A six (6) foot maximum height limit from grade is established for all improvements within the Landscape Envelope other than landscape plantings. Walkways, low retaining walls, fencing, and other similar improvements may be installed in the Landscape Envelope after securing of site plan and architectural review [design review] approval and any required building permits from the Town of Tiburon. Site plan and architectural review approval shall be required whether or not such improvements would otherwise require such approval if not located within this Planned Development zone. 4. Amendment of the most recent Parcel Map for this Planned Development subdivision (PM 23-30) shall not be required by the Town in order to effectuate the modified Building Envelope or the new Landscape Envelope for Parcell (7 Wilkins Court). The Town Council declares that modification of this Master Plan by approval of the drawings referenced herein is sufficient to effectuate the amended Building Envelope and new Landscape Envelope for Parcell for zoning conformance purposes. 5. No improvements shall be installed or constructed outside of the approved building envelopes, landscape envelopes, landscape easement, or access and utility easements within the Planned Development. Land outside of these delineated areas shall remain in its undeveloped state as per the note Town ofTiburon Ordinance No. 509 NS. Effective 06/20/2008 3 on the recorded Parcel Map and in its natural state in accordance with recorded CC&R's for the subdivision. 6. No improvements, including landscaping, shall be located within, or restrict access to or over, the ten (10) foot wide pedestrian access easement located on Parcell (7 Wilkins Court). All existing fencing, landscaping and other impediments to pedestrian access shall be removed from the pedestrian access easement within ninety (90) days of the effective date of this amendment. Permittee shall take no actions that would in any way impede pedestrian access within the easement. 7. The proposed stone bollard closest to Wilkins Court shall be relocated to a position outside of the pedestrian access easement. 8. Town Staff shall pay specific attention to existing drainage patterns when reviewing all proposed improvements and shall avoid project elements that would require substantial changes to existing drainage patterns. 9. Substantial grading or topography changes shall be discouraged within the approved landscape envelope. 10. This approval shall in no way alter other applicable provisions of the 7 & 9 Wilkins Court Master Plan established by Town Council Ordinance Nos. 198 N. S. and 284 N. S. that are not specifically described herein. Town ofTiburon Ordinance No. 509 NS. Effective 06/20/2008 4