HomeMy WebLinkAboutTC Res 1991-02-20
RESOLUTION NO. 2765
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING THE CIBRIAN PRECISE PLAN TO CREATE
A SECONDARY BUILDING ENVELOPE FOR LOT 1 .a CIBRIAN DRIVE)
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section 1. Findina:s.
A. The Town of Tiburon did approve the Cibrian Precise Plan on January 21, 1981
by adoption of Resolution No. 1133. The Council subsequently amended this
Precise Plan on June 28, 1984 to create secondary building envelopes on seven of
the eleven lots in the development. Lots 1, 2, 4, and 10 did not receive secondary
building envelopes.
B. The Town has received an application from Mr. Jack Wernick requesting a
Precise Plan Amendment to create a secondary building envelope on Lot 1 for the
main purpose of constructing a swimming pool. Said application consists of the
following:
1. Application form and supplemental materials received 8/27/90.
2. Plan (1 page) prepared by Richard Schadt, entitled "Wernick
Residence Secondary Building Envelope", dated 6 December, 1990,
revised by the Planning Commission on 1/23/91.
3. Narrative (2 pages) dated 16 January, 1991.
4. Photographs (6).
C. The Planning Commission held duly-noticed public hearings on November 14,
1990, and January 23, 1991, and has heard and considered testimony from
interested persons. The Town Council has held a duly noticed and advertised
public hearing on February 20, 1991, and has heard and considered testimony
from interested persons.
D. The Town Council has found the following:
1. That circumstances have changed since rejection of a secondary building
envelope for this site in 1984 in that the rear yard has been filled to create
a usable space; other homes in the subdivision have been built so that
potential view blockage may be better assessed; the former fire road in the
vicinity no longer exists nor is needed by the Fire District.
1
2. There is insufficient room within the existing primary building envelope
for construction of accessory buildings and other improvements such as a
swimming pool.
3. That the granting of a secondary envelope would not be a granting of
special privilege to this property not enjoyed by most other properties in
the area.
4. That the creation of the secondary building envelope is consistent with the
policies of the Tiburon General Plan and consistent with the Cibrian
Master Plan and Precise Plan, as amended.
5. That the project is categorically exempt from CEQA.
Section 2. Amendment.
NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby amend the Precise Plan for the Cibrian project by creating a
secondary building envelope of Lot 1 subject to the following modifications and
conditions:
1. This amendment approves a secondary building envelope for Lot 1 of the Cibrian
Subdivision. This secondary envelope shall be limited in the same manner as
other secondary building envelopes in this Subdivision (for construction of
accessory structures only, with a 12 foot height limit).
2. The envelope shown on the plans dated 6 December 1990 is modified such that
the secondary envelope does not extend beyond the top of the existing slope more
than 4 feet at any point (see attached Exhibit A). The secondary envelope
boundary shall not encroach into the Sanitary Sewer easement located between it
and the residence.
3. Prior to the construction of any structures, Site Plan and Architectural Review
approval shall be obtained. The Board shall ensure that appropriate landscape
screening is provided and that lighting is unobtrusive. The location of
improvements within the secondary envelope shall minimize off-site impacts.
4. Engineering details of any structural improvements, including potential impacts
on the existing drainage system, shall be reviewed and approved by the Town
Engineer prior to construction. These include, but are not limited to, the
following:
a. The design of the pool shall be based on an accurate topographic map.
2
b. All structural items shall be designed by a licensed structural engineer.
c. A detailed drainage plan shall be required. The downhill properties
should be protected.
d. A geotechnical engineer shall certify that the plans comply with his
requirements.
5. No decking or structures, other than a pool fence, may be constructed in the 4-
foot space below the top of the existing slope located at the rear of the secondary
envelope.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on February 20, 1991, by the following vote:
AYES:
COUNCILMEMBERS:
Friedman, Coxhead, Thayer,
Kuhn, Logan
None
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
None
/- )
l~;/--- ,/ ' /\~(
. It:.. /L! I", 1_') - . ".1!"'\~
PETER B. LOG~, MAYOR
Town of Tiburon
ATTEST:
CLERK
3