HomeMy WebLinkAboutTC Res 1991-06-16
RESOLUTION NO. 2756
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON RELATING TO THE GENERAL PLAN
AMENDMENTS THAT ARE PART OF THE VISTA TIBURON
PROJECT, MAKING FINDINGS OF FACT RELATING TO
THE FEASIBILIlY OF MITIGATION MEASURES AND
PROJECT ALTERNATIVES, ADOPTING A MITIGATION
MONITORING PROGRAM, AND ISSUING A STATEMENT OF
OVERRIDING CONSIDERATIONS IDENTIFYING THE BENEFITS
OF THE PROJECT THAT RENDER ACCEPTABLE ITS
SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT
WHEREAS, the Town of Tiburon (hereafter "Town") has, by separate
resolution, certified a Final Environmental Impact Report (hereafter "EIR")
pursuant to the California Environmental Quality Act ("CEQA") (Pub. Resources
Code, section 21000 et seq.) and the CEQA Guidelines (CaI. Code of Regulations,
tit. 14, section 15000 et seq.) prepared to analyze the environmental effects of the
proposed Vista Tiburon Project (hereafter "Project"); and
WHEREAS, the EIR identified certain significant and potentially significant
adverse effects on the environment caused by the Project; and
WHEREAS, the Council is required, pursuant to CEQA, to adopt all feasible
mitigation measures or feasible project alternatives that can substantially lessen or
avoid any significant environmental effects; and
WHEREAS, the Council desires, in accordance with CEQA, to declare that,
despite the occurrence of a significant environmental effect that cannot be
substantially lessened or avoided through the adoption of feasible mitigation
measures or feasible alternatives, there exist certain overriding economic, social, and
other considerations for approving the General Plan Amendments that are part of
the Vista Tiburon Project that the Council believes justity the occurrence of those
impacts;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Tiburon as follows:
1. As set forth in Exhibit A attached hereto, the Council
hereby finds, pursuant to Public Resources Code section
21081 and CEQA Guidelines section 15091, that the
mitigation measures described in the EIR are feasible,
and therefore will become binding upon the Town and
affected landowners and their assigns or successors in
interest when the Council approves the General Plan
Amendments, although some of them are framed as
measures that will be included in the Precise Plan,
Tentative Subdivision Map, or other trailing permit for
the Project;
2. Some proposed mitigation measures are the
responsibility of another agency (and not the Town) to
implement, and these mitigation measures reflect the
existing policy of those other agencies (for example, the
Marin Municipal Water District); or they have already
been mitigated through the design of the project or are
addressed to effects that are less-than-significant and do
not require mitigation;
3. As set forth in Exhibit A attached hereto, the Council
hereby finds that none of the proposed project
alternatives set forth in the Final EIR can feasibly
substantially lessen or avoid the significant adverse
environmental effect that will not be substantially
lessened or avoided by the adoption of all feasible
mitigation measures;
4. In order to comply with Public Resources Code section
21081.6, the Town hereby adopts the mitigation
monitoring program set forth in Exhibit B attached
hereto;
5. Because even the adoption of all feasible mitigation
measures will substantially lessen or avoid all but one
of the significant adverse environmental effects caused
by the Project, the Council hereby issues, pursuant to
CEQA Guidelines section 15093 and as set forth in
Exhibit C attached hereto, a statement of overriding
considerations identitying the specific economic, social,
and other considerations that render that unavoidable
significant adverse environmental effect acceptable. The
Town Council hereby adopts the Mitigation Monitoring
Program subject to further review and comments by the
Planning Commission prior to February 20, 1991 and
thereby subject to amendment by the Town Council on
February 20, 1991.
6. The Town Clerk is directed, after the Town Council
adopts a resolution formally approving the General Plan
Amendments, to post a Notice of Determination,
together with a copy of this Resolution and its exhibits
and the Resolution approving the General Plan
Amendments, in the Office of the Town Clerk, to file
such Notice with the County Clerk of Marin County
and, in accordance with Public Resources Code section
21152, to cause such Notice to be posted in the County
Clerk's Office. The Town Clerk shall accomplish all of
the above notice requirements within five working days
following adoption of the Resolution formally approving
the General Plan Amendments.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon on January 16, 1991, by the following vote:
AYES:
COUNCILMEMBERS:
Coxhead, Thayer, Kuhn, Logan
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Friedman
,~--;lr..t /) . /~'} ~#~~/'...._
PETER B. LOG~, MAYOR
Town of Tiburorr'
ATTEST:
~~'1Y(. ~
THERESE M. HENNESSY, TO CLERK
EXHIBIT A
FINDINGS OF FACT REGARDING THE FEASIBILIlY
OF PROPOSED MITIGATION MEASURES AND
ALTERNATIVES FOR THE GENERAL PLAN AMENDMENTS
THAT ARE PART OF THE VISTA TIBURON PROJECT
SECTION 1:
Introduction
The Vista Tiburon Project analyzed in the EIR has three components: General Plan
Amendments, Precise Plan adoption, and a development agreement. These findings
are made in connection with approval of the General Plan Amendments, which are
as follows:
(a) Table 1, Land Use Element, page 12: Change units and
D U / acre to reflect 22 units and a 1.41 D U / acre density for the
Taldan property.
(b) Diagram LU-3, Proposed Land Use, Land Use Element: Change Vista
Tiburon designation from ML (Medium Low Density Residential) to
M (Medium Density Residential).
(c) Diagram OSC-2 (Open Space Areas) and Diagram OSC-3 (Potential
Open Space), Open Space & Conservation Element: Amend diagrams
to reflect the open space and development areas consistent with the
Vista Tiburon project.
(d) Diagram C-l (Existing Circulation) and Diagram C-2 (Proposed
Circulation), Circulation Element: Amend diagrams to reflect
elimination of the existing private trail.
(e) Table 3, Housing Element, page 20: Change units and DU/Acre to
reflect 22 units and a 1.41 DU/acre density for the Taldan property.
These Amendments have been proposed as part of a specific development -project.
Many of the project components and mitigation measures that will avoid or
substantially lessen the environmental effects of the Project will not actually be
implemented until the Precise Plan or the Tentative Subdivision Map, or other
trailing permits for the development are approved. All of the mitigation measures
and measures to ensure implementation of project components discussed herein,
however, are binding on the Town, affected landowners, and their assigns or
successors in interest at the time of approval of the General Plan Amendments.
SECTION 2:
The Administrative Record:
For purposes of the California Environmental Quality Act ("CEQA") and the
findings hereinafter set forth, the administrative record of the Town of Tiburon shall
include the Precise Plan and the development agreement proposed for the Vista
1
Tiburon Project, the Draft Subsequent Environmental Impact Report ("DEIR") and
Final Environmental Impact Report ("FEIR") prepared for the Project, all reports
and memoranda prepared by Town Staff, all documents submitted by the applicant,
members of the public, and interested agencies in connection with the EIRs and the
Project generally, any documents embodying the Planning Commission's action on
the Project, and all oral testimony given at the workshops and public hearings on
the Project. The record shall also include the Town of Tiburon General Plan, the
EIR prepared for the General Plan, and the findings and statement of overriding
considerations adopted in connection with the General Plan.
SECTION 3:
Terminology.
Section 15091 of the CEQA Guidelines (CaI. Code of Regulations, tit. 14) requires
that, for each significant environmental effect identified in an EIR for a proposed
project, the approving agency must issue a written finding reaching one or more of
three allowable conclusions. The first is that "[ c] hanges or alterations have been
required in, or incorporated into, the project which avoid or substantially lessen the
significant environmental effect as identified in the final EIR." (Emphasis added.)
The second potential finding is that "[s]uch changes or alterations are within the
responsibility and jurisdiction of another public agency and not the agency making
the finding. Such changes have been adopted by such other agency or can and
should be adopted by such other agency." The third permissible conclusion is that
"[s]pecific economic, social, or other considerations make infeasible the mitigation
measures or project alternatives identified in the final EIR."
As regards the first of the three potential findings, the CEQA Guidelines do not
define the difference between "avoiding" a significant en,rironmental effect and merely
"substantially lessening" such an effect. The meaning of these terms therefore must
be gleaned from the other contexts in which they are used. Public Resources Code
section 21081, on which CEQA Guidelines section 15091 is based, uses the term
"mitigate" rather than "substantially lessen." The CEQA Guidelines therefore equate
"mitigating" with "substantially lessening." Such an understanding of the statutory
term is consistent with Public Resources Code section 21002, which declares the
Legislature's policy disfavoring the approval of projects with significant
environmental effects where there are feasible mitigation measures or alternatives
that could "avoid or substantially lessen" such significant effects. -
For purposes of these findings, the term "avoid" will refer to the effectiveness of one
or more of the mitigation measures or alternatives in reducing an otherwise
significant environmental effect to a less than sipificant level. In contrast, the term
"substantially lessen" will refer to the effectiveness of such measures or alternatives
to substantially reduce the severity of a significant environmental effect, but not to
reduce that effect to a level of insignificance. Although CEQA Guidelines section
15091 requires only that approving agencies specity that a particular significant
effect is "avoid[ed] or substantially lessen[ed]," these findings, for purposes of
clarity, in each case will specity whether the effect in question has been fully avoided
(and thus reduced to a level of insignificance) or has simply been substantially
lessened (and thus remains significant).
2
Although section 15091, read literally, does not require findings to address
environmental effects that an EIR identifies as merely "potentially significant," these
findings will nevertheless fully account for all such effects identified in the EIR for
the Vista Tiburon Project.
Finally, several of the potentially significant effects of the Project identified in the
EIR are avoided by components of the Project as proposed by the applicant,
including design features, particular plans, and commitments to certain courses of
action or conduct in implementing the Project. Collectively, these will be referred
to throughout these findings as "Project components." The Town has included those
Project components in these findings in an effort to facilitate monitoring of the
Project for purposes of ensuring that all significant and potentially significant
adverse environmental effects of this Project are substantially lessened or avoided.
SECTION 4:
Le&al Effect of Findines:
To the extent that these findings conclude that mitigation measures outlined in the
EIR, including Project components that avoid or substantially lessen identified
significant or potentially significant environmental effects, are feasible and have not
been modified, superseded, or withdrawn, the Town of Tiburon hereby binds itself,
all landowners within the Project area, and their assigns and successors in interest
to implement those mitigation measures. These findings, in other words, are not
merely informational or hortatory, but constitute a binding set of obligations that
will come into effect when the Town adopts a resolution approving the General Plan
Amendments, although many of the mitigation measures are framed as conditions
of approval of the Precise Plan or the Tentative Subdivision Map for the Vista
Tiburon Project and will be implemented through the process of carrying out the
entire Vista Tiburon Project.
SECTION 5:
Mitieation Monitorine Proeram:
As required by Public Resources Code section 21081.6, the Town of Tiburon, in
adopting these findings, also adopts a mitigation monitoring and reporting program
designed to ensure that, during project implementation, the Town, affected
landowners, their assigns and successors in interest, and any other responsible
parties implement the Project components and comply with the feasible mitigation
measures identified below. That program is described in Exhibit B to Resolution
No. 2756.
SECTION 6:
Potentially Sienificant and Sienificant Effects and
Mitieation Measures.
The EIR sets forth environmental effects of the Project that would be potentially
significant or significant in the absence of mitigation measures. These effects (or
"impacts") are set forth below, along with any mitigation measures adopted that will
avoid those potentially significant or significant effects. Also set forth is a
significant effect that cannot be substantially lessened or avoided even with the
adoption of all feasible mitigation measures proposed in the Draft and Final EIRs.
In adopting these findings, the Town also adopts a statement of overriding
3
considerations setting forth the economic, social and other benefits of the Project
that will render that significant effect acceptable. That statement of overriding
considerations is found in Exhibit C to Resolution No. 2756.
Parenthetical citations are included throughout the findings. Within those citations,
"MM" refers to the mitigation measure found at the cited page of the DEIR, while
"Measure" refers to the item as it is found in the mitigation monitoring plan.
Land Use. The EIR identifies the following as a potentially significant
environmental effect associated with land use:
Potentially Si&Dificant Effect: Change of on-site land use from open space to
residential development. (DEIR, pp. 16-17.)
Findine: The Project includes components that avoid the potentially
significant environmental effect as identified in the EIR.
Project Components: Retention of on-site open space, the preservation of the
Eucalyptus Grove and other vegetation, and large lot sizes. (DEIR, p. 17; see,
e.e., Measures #7, 42, 44.)
Other Land Use Issues/Impacts.
The EIR notes an inconsistency between the maximum density for the site
currently authorized by the General Plan Land Use Element and the density
of the project. (DEIR, pp. 19-20.) This inconsistency will be resolved by
amendment of the General Plan redesignating the property to a Medium
Density Residential designation in accordance with Resolution No. 2757.
(DEIR, p. 27, MM 4.6a and b; Measure #1.)
The EIR also notes other inconsistencies with the General Plan. (D EIR, p.
20.) These inconsistencies will be resolved by amendments to the General
Plan in accordance with Resolution No. 2757.
The DEIR originally identified the elimination of the access trail between the
site and the Ring Mountain preserve as a potentially significant effect.
(DEIR, p. 2, 18.) This characterization has been reconsidered and changed,
however. Comments on the DEIR received from neighbors of Vista Tiburon
demonstrated a concern about the potential for nuisance effects resulting
from construction of a public trail at the site. Further, there is no indication
that the Nature Conservancy, which owns the Ring Mountain Preserve,
desires that such a trail be constructed, especially since additional access
could result in severe erosion impacts to Ring Mountain and disturbance to
wildlife. The Town Council therefore finds that the access to Ring Mountain
currently provided at Paradise Drive and Taylor Road is adequate, and that
removal of current illegal access would be a beneficial effect of the project.
Accordingly, the Town Council adopts the finding of the FEIR that
elimination of the access trail between the parcel and Ring Mountain will not
be a significant impact. In order to achieve consistency within the General
4
Plan, General Plan Diagrams C-l and C-2 (Existing and Proposed
Circulation, respectively), will be revised in accordance with Resolution
No. 2757 to delete depiction of this trail.
Geolovy , Seismicity, and Soils.
The EIR identifies the following as potentially significant environmental
effects associated with geology and soils.
Potentially Si&Dificant Effect: Development of the site could place structures
in the vicinity of debris flow at three areas. (DEIR, pp. 32, 34.)
Findine: The Project includes components that avoid the potentially
significant environmental effect as identified in the EIR. All of the
components identified below are binding at the time the General Plan
Amendments are approved, and several of them will be made conditions of
approval of the Precise Plan and/or the Tentative Subdivision Map.
Project Components:
Locate building envelopes away from areas of potential debris flow. (DEIR,
p. 37, MM 5.1a; Measure #2.)
No lots are located in risk areas. (DEIR, p. 37, MM 5.1a.)
Provide a catchment wall at lots 17, 18 and 19. (DEIR, p. 37, MM 5.1a;
Measure #3.)
Catchment walls and lined drainage ditches are located on the soccer field
cut slope. (DEIR, p. 37, MM 5.1b.)
Provide three-foot timber impact walls behind homes on lots 17 through 19.
(DEIR, p. 37, MM 5.1b; Measure #4.)
Design debris catchment for lots 6 and 7 into the access roadway up slope.
(DEIR, p. 37, MM 5.1); Measure #5.)
Potentially Si&Dificant Effect: Channel retreat erosion of the banks of the
ravine may be induced by development along existing slopes of the Eucalyptus
Grove ravine. (DEIR, p. 34.)
Findine: The Project includes a component that avoids the potentially
significant environmental effect as identified in the EIR. The component
identified below is binding at the time the General Plan Amendments are
approved and will be made a condition of approval of the Precise Plan
and/or the Tentative Subdivision Map.
5
In addition, changes or alterations have been required in, or incorporated
into, the Project which avoids the significant environmental effect as
identified in the EIR.
Project Component:
Provide a building setback in excess of 2:1 from the base of the ravine or 15
feet from the top of the existing slope, whichever is greater, for lots 11 and
12. (DEIR, p. 37, MM 5.2a; Measure #6.)
Mitieation Measure:
Provide and implement a maintenance program for the Eucalyptus Grove and
the ravine. (DEIR, p. 37, MM 5.2b; Measure #7.)
Potentially Si&Dificant Effect: Slope instability and other localized erosion
could be aggravated by the Project. (DEIR, p. 34.)
Findine: The Project includes components that avoid the potentially
significant environmental effect as identified in the EIR. In addition, recent
drainage improvements in the vicinity include facilities to control off-site
drainage. (DEIR, p. 37, MM 5.3a.) All of the components identified below
are binding at the time the General Plan Amendments are approved, and
several of them will be made conditions of approval of the Precise Plan
and/or the Tentative Subdivision Map.
Project Components:
Provide concrete-lined ditches for lots 16 through 19. (DEIR, p. 37, MM
5.3a; Measure #8.)
Ensure that all surface run-off is discharged in a non-erosive manner.
(DEIR, p. 37, MM 5.3b; Measure #9.)
Provide energy dissipators within the ravine to control erosion. (DEIR, p. 37,
MM 5.3c; Measure #10.)
Buttress oversteepened cuts during construction, or reduce slopes to 1.5:1
where buttressing is impractical. (DEIR, p. 37, MM 5.4a; Measure #11.)
Compact and rework soils at lots 1 through 4, 9 and 10, and 21 and 22.
(DEIR, p. 37, MM 5.4b; Measure #12.)
Ensure that the private driveway that starts at Via Los Altos and that
provides access to lots 14 through 17 traverses the natural contours of the
hill. (DEIR, p. 37, MM 5.4c; Measure #13.)
6
Use drilled, cast-in-place concrete piers for the foundations of dwellings on
lots 12 through 22. (DEIR, p. 37, MM 5.4d; Measure #14.) Drilled, cast-in-
place concrete piers may be required for the foundation of a dwelling on lot
11, depending on the location selected for such dwelling. Determine whether
such method must be used on lot 11 prior to issuance of building permit for
that lot. (DEIR, p. 34.)
All drainage features discussed in the EIR, including culverts and energy
dissipators, will be implemented. (DEIR, p. 38, MM 5.4e.)
Potentially Si&Dificant Effect: Development in the vicinity of the adjacent
railroad tunnel could accelerate tunnel collapse.
Findine: The Project includes components that avoid the potentially
significant environmental effect as identified in the EIR. All of the
components identified below are binding at the time the General Plan
Amendments are approved, and several of them will be made conditions of
approval of the Precise Plan and/or the Tentative Subdivision Map.
Project Components:
Provide a 1:1 building setback line from the base of the tunnel. (DEIR, p. 38,
MM 5.5a; Measure #15.)
Lots 15 and 16 are located 210-220 feet from the railroad tunnel, well beyond
the recommended setback line. (DEIR, p. 38, MM 5.5a.)
Provide an open space easement varying between 25 feet and 180 feet
surrounding the upper lots on three sides to act as a potential debris flow
area. (DEIR, p. 38, MM 5.5a; Measure #16.)
Lots 12, 13, 18 and 19 are clustered between a gully and the northern edge
of the Eucalyptus Grove above the ball field. The cluster is also surrounded
by a substantial open space easement. (DEIR, p. 38, MM 5.5b.)
Potentially Si2Dificant Effect: Seismic shaking.
Findine: The Project includes a component that avoids the potentially
significant environmental effect as identified in the EIR. The component
identified below is binding at the time the General Plan Amendments are
approved and will be made conditions of approval of the Precise Plan and/or
the Tentative Subdivision Map.
Project Component:
Design all foundations to meet current seismic standards. (DEIR, p. 38, MM
5.6; Measure #17.)
7
HydrololY.
The EIR identifies the following as potentially significant environmental
effects associated with hydrology.
Potentially Si&Dificant Effect: On-site drainage impacts from erosion caused
by the vegetation removal required for site preparation and localized flooding
caused by siltation of drainage works. (DEIR, p. 40-41.)
Findine: The Project includes components that avoid the potentially
significant environmental effect as identified in the EIR. All of the
components identified below are binding at the time the General Plan
Amendments are approved, and several of them will be made conditions of
approval of the Precise Plan and/or the Tentative Subdivision Map.
In addition, changes or alterations have been required in, or incorporated
into, the Project which avoid the potentially significant environmental effect
as identified in the Draft EIR.
Project Components:
Use standard engineering practices to mitigate all drainage impacts to
acceptable levels. (DEIR, p. 41.)
Construct sub-drains where needed to eliminate seepage problems in areas
proposed for development. (DEIR, p. 42, MM 6.1d; Measure #25.)
Implement specific measures necessary to correct problems identified during
detailed engineering investigations. (DEIR, p. 42, MM 6.1e.)
Install a drainage system along the proposed 20-foot wide driveway off Via
Los Altos to direct runoff away from the northwest side of the existing school
building. This drainage system should contain catch basins and drains that
direct and discharge flows to the drainage ravine in a non-erosive fashion.
(DEIR, p. 42, MM 6.1e; Measure #26.)
Provide drainage features to ensure that concentrated runoff or sheet flow
will not be allowed to move over cut or fill slopes. (DEIR, p. 43, MM 6.1g;
Measure #29.) Provide drainage features to protect these and other areas of
disturbance from erosion. (DEIR, p. 43, MM 6.1g.)
Mitieation Measures:
Secure approval of all erosion control plans by the Department of Public
Works prior to issuance of a grading permit. Each plan will include the use
of sedimentation catchbasins, will provide detailed measures to control
erosion of stockpiled earth and exposed soil, and will include information on
8
a monitoring program of the plan's effectiveness. (DEIR, p. 42, MM 6.1b;
Measure #19.)
Treat areas of high erosion potential, both on- and off-site, that could
potentially be affected by the proposed project to remove any sediment that
may accumulate both on- and ofT-site. (DEIR, p.42, MM 6.1b; Measure #20.)
Place additional silt fences or hay bales at strategic locations to intercept
sediment generated during construction. (DEIR, p. 42, MM 6.1b; Measure
#21.)
Stabilize cut slopes using hydromulching or an alternative but equally
effective method and revegetate them with a species native to the area
immediately after grading. (DEIR, p. 42, MM 6.1b; Measure #22.)
The applicant will post a bond in an amount to be determined by the Town
to ensure that the erosion control plan is carried out. (DEIR, p. 42, MM
6.1b; Measure #23.)
At the time the Tentative Subdivision Map is submitted, submit for review
and approval by the Town Engineer a Final Drainage Plan with parcel-
specific detail demonstrating that no significant drainage impacts will result
for review and approval by the Town Engineer. (DEIR, p. 42, MM 6.1a;
Measure #18.) The Map will not be approved without such a showing.
Provide foundation drains and subsurface drainage in areas where seepage
is observed in fill areas. (DEIR, p. 42, MM 6.1c; Measure #24.)
Analyze drainage in the western portion of the site, in the vicinity of Via Los
Altos, to identity existing drainage problems. Implement any
recommendations made on the specific measures necessary to correct
problems identified during the investigation. (DEIR, p. 42-43, MM 6.1e;
Measure #27.)
Demonstrate through a capacity analysis at the time of Tentative Subdivision
Map application that sufficient capacity is available in existing facilities or
project-related improvements to accommodate project-generated runoff
volumes. (DEIR, p. 43, MM 6.1f; Measure #28.)
Potentially Si2Dificant Effect:
Increase in the surface water run-off volume caused by the Project will
contribute to a potentially significant cumulative impact to the West Ditch
Drainage System. (DEIR, p. 39-40.)
Findine: Changes or alterations have been required in, or incorporated into,
the Project which avoid the potentially significant environmental effect as
identified in the EIR.
9
Mitieation Measure:
Pay to the Marin County Flood Control & Water Conservation District the
required $59,000 to fund the Project's share of necessary improvements to the
West Ditch Drainage System. (DEIR, p. 43, MM 6.2a; Measure #30.) Notity
the Marin County Flood Control and Water Conservation District
(MCFCWCD) upon receipt of any and all water connection permits so that
the MCFCWCD may begin required West Ditch drainage improvements.
(FEIR, pp. 47-48, Comment KN-ll and Response; Measure #69.)
Potentially Si&Dificant Effect: Sedimentation from excavation and grading
activities during construction may wash into drainage facilities during
precipitation and cause flooding. (DEIR, p. 41.)
Findine: Changes or alterations have been required in, or incorporated into,
the Project which avoid the potentially significant environmental effect as
identified in the EIR.
Mitieation Measures:
Sweep streets clean of soil to reduce street dirt and siltation until roadways
have been established on the site. (DEIR, p. 43, MM 6.3a; Measure #31.)
Grading will only occur between April 15 and October 1. If grading must be
performed between October 1 and April 15, the applicant must implement a
winterization plan acceptable to the Town Engineer. (DEIR, p. 43, MM 6.3b);
Measure #32.)
Traffic and Circulation. The EIR identifies the following as significant and
potentially significant environmental effects associated with traffic and
circulation.
Si&Dificant Effect: The reduction of service levels at intersections along
Tiburon Boulevard, in Tiburon and at the intersection of Tiburon Boulevard
and U.S. 101, caused by the cumulative impact of traffic from the proposed
project in combination with traffic from all of the proposed development
under the General Plan to the year 2005. (DEIR, p. 46.)
Findine: Changes or alterations have been required in, or incorporated into,
the Project that avoid the significant environmental effect as identified in the
EIR.
Mitieation Measures:
Contribute $1,974.00 per lot to the Tiburon Boulevard Improvement Fund to
implement improvements to mitigate traffic impacts at intersections along
Tiburon Boulevard described in the General Plan. (DEIR, p. 47, MM 7.1;
Measure #33.)
10
Contribute $2,960.00 per lot to participate in the ofT-site traffic mitigation fee
program operated by the Town of Tiburon in conjunction with Marin County
for frontage improvements at the Tiburon Wye, which is the intersection of
Tiburon Boulevard and U.S. 101. (DEIR, p. 47, MM 7.1; Measure #34.)
Potentially Si2Dificant Effect: Additional traffic at the intersection of Via Los
Altos and Blackfield, where there is a restricted sight distance.
Findine: Changes or alterations have been required in, or incorporated into,
the Project that avoid the potentially significant environmental effect as
identified in the EIR.
Mitieation Measure: Improve the sight distance on Via Los Altos at
Blackfield Drive by removing or cutting back the existing shrubs southwest
of the intersection. (DEIR, p. 48, MM 7.2; Measure #35.)
Other:
A commentator suggested that there would be an adverse impact from
"automobile headlights shining into the residence across from the intersection
of Taldan's upper road at Via Los Altos" and suggested that a mitigation
measure was needed. (FEIR, p. 33, Comment WC-26.) Such an impact is
considered less than significant due to the low volume of traffic generated by
the Project and does not require mitigation. (FEIR, p. 33.)
Air Ouality.
No significant effects to air quality will be caused by the project. Any
impacts caused by construction at the site will be less than significant.
Although the Town is not required to make any findings or adopt any
mitigation measures for environmental impacts that are less than significant,
the Town finds, in accordance with the EIR, that the less than significant
impacts caused by construction at the site can be minimized by the following
measures.
Measures:
Ensure that standard construction practices are used to minimize dust.
These practices include minimizing the amount and time surfaces are
exposed, periodically sprinkling exposed areas and stock piles with water, and
covering soil stock piles with vegetation or tarpaulins to limit disturbance.
(DEIR, p. 53, MM 8.1; Measure #36.)
Ensure that construction equipment is properly maintained and that exhaust
and air pollution equipment is not tampered with or removed. (DEIR, p. 53,
MM 8.2; Measure #37.)
11
Noise.
The EIR identifies the following as a significant environmental effect
associated with noise.
Si&Dificant effect: Noise generated in the short-term by construction of the
project. (DEIR, p. 57.)
Findine: Changes or alterations have been required in, or incorporated into,
the Project that avoid the significant environmental effect as identified in the
EIR.
Mitieation Measures:
Comply with Ordinance 322, which limits the hours of construction to
between 7:00 a.m. and 6:00 p.m. Monday through Friday and between 9:00
a.m. and 3:00 p.m. on Saturday, and which provides that heavy mechanical
equipment (such as diesel engines) can only be operated Monday through
Friday between 7:30 a.m. and 5:00 p.m. (DEIR, p. 58, MM 9.1; Measure
#38.)
Use only construction equipment that has factory-installed sound suppressing
equipment, and maintain such equipment properly. (DEIR, p. 58, MM 9.2;
Measure #39.)
Visual Ouality and Aesthetics.
The EIR identifies the following as significant and potentially significant
environmental effects associated with visual quality and aesthetics.
Si&Dificant Effect: The cumulative impact of conversion of vacant land to
residential use, to which this Project will contribute.
Findine: The EIR concludes that changes to views of the hillsides,
unprotected vacant areas and views from roadways are anticipated as a result
of this project. Although these changes are less than significant as mitigated
on a project-specific basis, the Town considers these impacts to be
cumulatively significant. The retention of permanent open space at the site
and the application of the Town's Design Guidelines for Hillside Dwellings
to the proposed Project, which will be required, will neither substantially
lessen nor avoid the cumulative impact. There are no mitigation measures
available to prevent cumulative visual alteration caused by the Project. As
set forth in the Statement of Overriding Considerations attached as Exhibit
C to Resolution No. 2756, the Town Council concludes that the environmental
detriment associated with the unavoidable significant effect is rendered
acceptable by the benefits of approving the Project, namely, the creation of
new housing in the Town of Tiburon to meet the increased demand for such
12
housing in Tiburon and surrounding regions in the Bay Area, the permanent
preservation of open space on-site, and the creation of additional wetlands
on-site.
Potentially Si&Dificant Effect: Structures on the Project site could appear
discontinuous with surrounding neighborhoods when viewed along the vicinity
of Blackfield Drive. (DEIR, p. 62.)
Findine: The Project includes components that avoid the potentially
significant environmental efTect as identified in the EIR. All of the
components identified below are binding at the time the General Plan
Amendments are approved.
In addition, changes or alterations have been required in, or incorporated
into, the Project that avoid the potentially significant environmental effect as
identified in the EIR.
Project Components:
Preserve the Eucalyptus Grove, as described in the Precise Plan. (DEIR, p.
64, MM 10.2a.)
Implement the Preliminary Landscape Plan that has been prepared for the
project, including planting screen trees (using native vegetation and
regionally compatible species) and planting street trees. (DEIR, p. 65, MM
10.2b.)
Mitieation Measure:
As a condition of Precise Plan approval, submit with the Tentative
Subdivision Map application and implement a Final Landscape Plan that
has been prepared in consultation with an arborist of demonstrated
competence in the use of native species. (DEIR, p. 64, MM 10.1.)_
Potentially Si&Dificant Effect: Change in views of properties immediately east
of the site and from roadways east of the site from open space to low-density
residential development. (DEIR, p. 62.)
Findine: The Project includes a component that avoids the potentially
significant environmental effect as identified in the EIR. The component
identified below is binding at the time the General Plan Amendments are
approved.
In addition, changes or alterations have been required in, or incorporated
into, the Project that avoid the potentially significant environmental effect as
identified in the EIR.
13
Project Component:
Implement the Preliminary Landscape Plan that has been prepared for the
project, including planting screen trees (using native vegetation and
regionally compatible species) and planting street trees. (DEIR, p. 65, MM
10.2b.)
Mitieation Measures:
With the Tentative Subdivision Map application, as a condition of Precise
Plan approval, submit and implement a Final Landscape Plan that has been
prepared in consultation with an arborist of demonstrated competence in the
use of native species. Ensure that the plan includes the use of screen trees
of native or regionally compatible species in clusters to provide middleground
screenings between elevations 110 and 180. (DEIR, p. 65, MM 10.3b;
Measure #40.)
Ensure Landscape Plan screening effectiveness through design review of site-
specific planting locations on lots 5, 6, 15, and 16. (DEIR, p. 65, MM 10.3c;
Measure #41.)
Potentially Sienificant Effect: Impact on views of the site from south of the
Project. (DEIR, p. 63.)
Findine: The Project includes components that avoid the potentially
significant environmental effect as identified in the EIR. All of the
components identified below are binding at the time the General Plan
Amendments are approved, and at least one of them will be made conditions
of approval of the Precise Plan and/or the Tentative Subdivision Map.
Project Components:
Preserve the Eucalyptus Grove as described in the Precise Plan. (DEIR, p.
65, MM 10.4a.)
Implement the Preliminary Landscape Plan. (DEIR, p. 65, MM 10.4b.)
Preserve the riparian vegetation on Parcel A as described in the Precise Plan.
(DEIR, p. 65, MM 10.4c; Measure #42.)
Potentially Si2Dificant Effect: The impact on views of the site from west of
the project. (DEIR, p. 63.)
Findine: The Project includes components that avoid the potentially
significant environmental effect as identified in the EIR. All of the
components identified below are binding at the time the General Plan
Amendments are approved, and at least one of them will be made conditions
of approval of the Precise Plan and/or the Tentative Subdivision Map.
14
Project Components:
Maintain clustered building envelopes on lots 12 through 19 as described in
the Precise Plan. (DEIR, p. 65, MM 10.5a; Measure #43.)
Preserve the Eucalyptus Grove as described in the Precise Plan. (DEIR, p.
65, MM 10.5b.)
Potentially Sipificant Effect: The aesthetic impact on the "sense of place"
on-site and on surrounding neighborhoods. (DEIR, p. 63-64.)
Findine: The Project includes a component that avoids the potentially
significant environmental effect as identified in the EIR. The component
identified below is binding at the time the General Plan Amendments are
approved.
In addition, changes or alterations have been required in, or incorporated
into, the Project that avoid the potentially significant environmental effect as
identified in the EIR.
Project Component:
Preserve the Eucalyptus Grove as described in the Precise Plan. (DEIR, p.
66, MM 10.6a.)
Mitieation Measures:
Preserve all riparian vegetation along the eastern border. (DEIR, p. 66,
10.6b; Measure #42.)
Preserve the heritage oak tree on lot 20 by deed restriction or other legally
enforceable mechanism approved by the Town Attorney. (DEIR, p. 66, MM
10.6c; Measure #44.)
The Town's Design Review Board shall review all structures on the site,
including residences, retaining walls, beams and diverters, to ensure that they
maintain an appropriate profile with respect to views from surrounding
areas. (DEIR, p. 66, MM 10.8; Measure #46.)
Retain the PG&E easement on the eastern edge of the property. (FEIR, p.4.)
Potentially Si2Dificant Effect: Impact to privacy of neighbors of the site.
(DEIR, p. 64.)
15
Findine: The Project includes components that avoid the potentially
significant environmental effect as identified in the EIR. All of the
components identified below are binding at the time the General Plan
Amendments are approved, and at least one of them will be made conditions
of approval of the Precise Plan and/or the Tentative Subdivision Map.
Project Components:
Maintain the large rear yard setbacks for lots 15 and 16 proposed in the
Precise Plan. (DEIR, p. 66, MM 10.7a; Measure #45.)
Implement the Landscape Plan and all its screening elements for the eastern
border and lots 15 and 16. (DEIR, p. 66, MM 10.7b.)
Veeetation and Wildlife.
The DEIR identifies the possible removal of up to three live oak trees, caused
by alignment of the proposed roadway leading to the cul-de-sac off Blackfield
drive, as a potentially significant effect of the proposed Project. (DEIR, p.
69.) However, the FEIR indicates that the proposed road alignment will
preserve all oaks. (FEIR, p. 19.) Thus, the only remaining event that might
lead to removal of up to three oak trees is future use by PG&E of its
easement. (FEIR, pp. 19-20.) Although the FEIR notes that this is "unlikely"
and will only occur if "absolutely necessary," mitigation measures are
incorporated in these findings to provide for this possibility. A mitigation
measure was proposed to avoid loss of oak trees altogether by realigning the
road, reconfiguring the lots, and revising the location and/or sizes of units.
(FEIR, p. 24, Comment MA-21.) This measure is unnecessary because none
of those factors contribute to the potential loss of oaks.
The EIR identifies several other potentially significant environmental effects
associated with vegetation and wildlife. The Project also includes three
components that will serve to avoid significant effects.
Project Components:
Retention of the Eucalyptus Grove on-site as a single parcel to be managed
by the Vista Tiburon Homeowner's Association as well as implementation of
a maintenance plan, prepared by a qualified horticultural consultant and
conducted by a qualified arborist who has experience with blue gum
eucalyptus, through the Covenants, Conditions, and Restrictions recorded in
each parcel's deed. (DEIR, p. 72, '1; FEIR, p. 35-36.)
A commentator inquired as to whether a more detailed maintenance plan
should be required. (FEIR, p. 35, Comment JH-5.) A more detailed plan at
this time is not feasible because maintenance of the grove will depend on
changing conditions of the grove that cannot be predicted at this time.
16
(FEIR, p. 35.) The commentator also inquired whether there should be a
provision for replacing destroyed or damaged trees within the grove. (FEIR,
p. 36, Comment JH-9.) Such replacement is not required, because a certain
amount of thinning is necessary for the health of the grove and because
eucalyptus trees will regenerate quickly. (FEIR, p. 36.) Two commentators
inquired whether each tree of the grove should be marked for retention,
maintenance or removal. (FEIR, pp. 34, 43, Comments JH-3, KN-l.) Trees
to be removed will be marked. It is not necessary to mark any other trees at
this time. Maintenance of the grove will be an ongoing project, carried out
by a qualified arborist; currently healthy trees that require pruning or
removal will be identified at the time of the scheduled annual maintenance.
(FEIR, p. 34.)
Eradication of undesirable species from the property and revegetation with
native grasses to prevent re-establishment of these species. (DEIR, p. 73.)
A commentator suggested that a consultant be employed to recommend a
removal method to be used that would not efTect adjacent habitats, that a
plan be developed to ensure that removal would be permanent, and that a list
of species to be used for revegetation be included. The commentator also
suggested that plant species native to the type of habitat found in Tiburon
should be required. (FEIR, p. 23, Comments MA-16, MA-18.) Herbicides will
be avoided to the extent feasible. If herbicide use is determined to be
necessary (for example in the case of poison oak removal), application will
be carefully controlled and will follow directions on the product label. All
non-native plants that are removed will be taken from the project site and
disposed of in a landfill. A list of proposed native species for use in
revegetation is included in the Wetlands Mitigation Plan, Appendix B of the
FEIR, pages 22 through 24. The Tiburon area has been surveyed to
determine the appropriate species mix, density, and other constraints on
landscaping mitigation. A Final Landscape Plan will be submitted for
approval by the Town as part of the Tentative Subdivision Map application
process. (FEIR, p. 21.) Another commentator suggested, through ~ variety
of proposals, that eucalyptus is an undesirable species and that the Project
should be implemented in a manner that permits reforestation of the grove
with native species (FEIR, pp. 27-29, Comments WC-l through WC-14.) The
value of eucalyptus trees is the subject of debate in the biological community
which need not be resolved in this Project. The Town does not have a specific
policy regarding blue gum eucalyptus tree removal, as such decisions are
made on a project-specific basis. However, under Town policy eucalyptus are
not considered wholly undesirable, and preservation of the grove is a
component of this Project that serves some important environmental
functions. Future management of the grove is provided for in the Covenants,
Conditions, and Restrictions, which are sufficiently flexible to adapt to
changing conditions on-site. (See, generally, FEIR, at 27-29, 49.)
17
Implementation of landscaping plans prepared for the Project using native
species that are minimally disruptive to existing native vegetation. The
landscaping effort is directed at screening highly visible portions of the site
from adjacent residences and roadways. (DEIR, p. 73, MM 11.3.)
Potentially Significant Effect: Possible removal of not more than three native
oak trees. (DEIR, p. 69; FEIR, p. 20.)
Findine: Changes or alterations have been required in, or incorporated into,
the Project that avoid the potentially significant environmental effect as
identified in the EIR.
Mitieation Measure:
Replace any native oaks that must be removed with Quercus a2fifolia on a
three-to-one basis. (DEIR, p. 73, MM 11.2; Measure #48.) Incorporate the
use of this species into the landscape plan in consultation with a qualified
arborist experienced in the use of native vegetation. (DEIR, p. 73, MM 11.2.)
Potentially Si&Dificant Effect: Impacts on the heritage oak on lot 20 and on
other oaks from construction activities. (DEIR, p. 70.)
Findine: Changes or alterations have been required in, or incorporated into,
the Project that avoid the potentially significant environmental effect as
identified in the EIR.
Mitieation Measures:
Protect native oaks by not altering the dripline or placing or removing soil
within the dripline. (DEIR, p. 73, MM 11.3; Measure #49.)
Fence the drip line area of native oaks during construction to prevent the
operation of heavy equipment which may damage trees or compa<;t soils.
(DEIR, p. 73, MM 11.3; Measure #50.)
Use a retaining wall system to permanently protect dripline areas of native
oaks where grading is necessary. (DEIR, p. 73, MM 11.3; Measure #51.)
Potentially Si2Dificant Effect: Impact on habitat from thinning of the
Eucalyptus Grove to remove diseased and other weak trees. (DEIR, p. 70.)
Findine: The Project includes a component that avoids the potentially
significant environmental effect as identified in the EIR. The Project
component identified below is binding at the time the General Plan
Amendments are approved.
18
In addition, changes or alterations have been required in, or incorporated
into, the Project that avoid the potentially significant environmental effect as
identified in the EIR.
Project Component:
Use the applicant's proposed thinning and maintenance plans to removed
diseased and other weak trees. (DEIR, p. 73, MM 11.5.).
Mitieation Measures:
File Covenants, Conditions, and Restrictions, which include a regular
maintenance program for the Grove, as a condition of approval. (DEIR, p.
73, MM 11.5.)
Stake the Eucalyptus Grove boundaries prior to construction to prevent
adjoining lot owners from damaging protected areas. (DEIR, p. 73, MM 11.5;
Measure #52.)
Potentially Sienificant Effect: Impact on wildlife from project
implementation. (DEIR, p. 70-71.)
Findine: Changes or alterations have been required in, or incorporated into,
the Project that avoid the potentially significant environmental efTect as
identified in the EIR.
Mitieation Measures:
Use native vegetation for landscaping. (DEIR, p. 74, MM 11.7.)
Retain a wildlife corridor providing access to the region's open space
habitats. (DEIR, p. 74, MM 11.7.)
Potentially Si2Dificant Effect: Impact on off-site vegetation from construction
activities, including grading and excavation. (DEIR, p. 71.)
Findine: Changes or alterations have been required in, or incorporated into,
the Project that avoid the potentially significant environmental effect as
identified in the EIR.
Mitieation Measure:
Store grading materials, construction equipment and building materials only
within areas to be developed, to prevent potentially significant damage to
native vegetation off-site. (DEIR, p. 74, MM 11.9; Measure #53.)
19
Sipificant Effect: Loss of two minor on-site wetlands. (FEIR, p. 6.)
Findine: In the DEIR, three alternative strategies were proposed to avoid the
significant effect caused by the loss of the on-site wetlands. (DEIR, pp. 74-
75.) The DEIR recommended that the Town select one of the three
alternatives in consultation with the state Department of Fish and Game and
other affected entities. Subsequent to the issuance of the DEIR, a Wetlands
Mitigation Plan was developed by California wetlands specialists Zentner &
Zentner. A draft version of the Wetlands Mitigation Plan was submitted to
the State Department ofFish and Game (DFG), which met with that agency's
approval. The DFG suggested several changes to the Plan, which have been
incorporated in the Final Plan as published in Appendix B of the FEIR. This
Plan, which creates a new, larger and more valuable riparian wetland on-site,
is a change or alteration that has been required in, or incorporated into, the
Project that avoids the significant environmental effect as identified in the
EIR.
Mitieation Measure:
Implement the Wetlands Mitigation Plan, to be coordinated by a professional
ecologist with experience in the creation of wetlands. (FEIR, p.7 and
Appendix B; Measure #54.)
Apply to the State Department of Fish and Game for a Streambed Alteration
Agreement. (FEIR, p. 15 & Letter 2FG; Measure #73.)
Other:
A commentator proposed developing an alternative "that avoids loss of the
on site wetlands, that maintains the wetlands in public ownership and ensures
that they will remain viable by having an adequate water source and open
access for wildlife use." (FEIR, p. 26, Comment MA-29.) The significant
adverse impact due to the loss of on-site wetlands caused by the proposed
Project will be avoided to less than significant levels by adoption of the
Wetlands Mitigation Plan attached as Exhibit B to the FEIR. Thus, it is not
necessary to preserve the existing on-site wetlands in order to avoid this
significant effect. Public ownership of the wetlands is not necessary to avoid
significant environmental effects. The Wetlands Mitigation Plan ensures that
the wetlands will remain viable by requiring monitoring of their viability by
ensuring an adequate water source and maintaining open access for wildlife
use.
ArchaeololY.
The EIR identifies the following as potentially significant environmental
effects associated with archaeology.
20
Potentially Si&Dificant Effect: Possible discovery and unprofessional
treatment of either historic or prehistoric resources during the course of
construction, particularly on the eastern portion of the site near the railroad
grade.
Findine: Changes or alterations have been required in, or incorporated into,
the Project that avoid the potentially significant environmental effect as
identified in the EIR.
Mitieation Measures:
Inform all persons involved in construction activities on the subject property
of the potential for encountering significant archaeological finds, especially
on and in the vicinity of the railroad easement and along the ravine
encompassed by the Eucalyptus Grove. (DEIR, p. 77, MM 12.1; Measure
#55.)
A qualified archaeological observer will be present at the time of grading in
the area of the railroad easement and along the ravine encompassed by the
Eucalyptus Grove. (DEIR, p. 77, MM 12.1; Measure #56.)
In the event of a suspected. archaeological find of any type, all work will stop
in the vicinity of the discovery and the Northwest Information Center shall
be notified. Officials of the Northwest Information Center will be asked to
recommend a qualified archaeologist who will review the suspected find and
advise any necessary salvage or preservation action within 60 days. (D EIR,
p. 77, MM 12.2; Measure #57.)
Public Facilities and Services.
The EIR identifies the following as significant and potentially significant
environmental effects associated with public facilities and services.
Police
Potentially Si2Dificant Effect: Unauthorized activity on the site both during
the construction phase of the project and where easements or open space
provide access to the undeveloped land north of the site. (DEIR, p. 78.)
Findine: Changes or alterations have been required in, or incorporated into,
the Project that avoid the potentially significant environmental effect as
identified in the EIR.
Mitieation Measures:
Securely gate the proposed access roads during the construction phase of the
project. (DEIR, p. 78.)
21
Fire
Install fencing where easements or open space areas provide access to the
undeveloped land north of the site. (DEIR, p. 78.)
The environmental efTects of the Project on fire services in Tiburon are less
than significant. However, the Alto-Richardson Bay Fire Protection District
has requested imposition of the following conditions on the project, and the
Town has accommodated the request.
Conditions:
Install a water system dedicated and built to the standards of the Marin
Municipal Water District and the Alto-Richardson Bay Fire Protection
District. (DEIR, p. 79, MM 13.1; Measure #58.)
Place Clow-Rich Type 760 fire hydrants no further than 350 feet apart.
(DEIR, p. 79, MM 13.2; Measure #59.)
Locate residences no more than 150 feet from the water supply and main; or
require installation of additional fire hydrants for any residences located
more than 150 feet from the existing water supply and main. (DEIR, p. 79,
MM 13.3; Measure #60.)
Provide a minimum fire flow of 1,000 gallons of water per minute to all
locations within the site. (DEIR, p. 80, MM 13.4; Measure #61.)
Provide a minimum turning radius of 49 feet curb-to-curb and 53 feet wall-to-
wall at the end of each street. (DEIR, p. 80, MM 13.5; Measure #62.)
Provide a minimum unobstructed street width of 20 feet to accommodate fire
apparatus. (DEIR, p. 80, MM 13.6; Measure #63.)
Provide all driveways with 14 feet of vertical clearance and 12 feet of
horizontal clearance. (DEIR, p. 80, MM 13.7; Measure #64.)
All roads and driveways shall have all-weather surfaces. (DEIR, p. 80, MM
13.8; Measure #65.)
Install an automatic sprinkler system designed to National Fire Protection
Association Standard 13 D by a State-certified Fire Protection Engineer in all
residences. (DEIR, p. 80, MM 13.9; Measure #66.)
Install smoke detectors in all new homes. (DEIR, p. 80, MM 13.10; Measure
#67.)
22
Water
Si&Dificant Effect: Contribution, by issuance of even one water permit, to a
demand that exceeds area's water supply. This is both a direct and a
cumulative effect of the Project. (DEIR, p. 82.)
Findine: Some of the changes or alterations are within the responsibility and
jurisdiction of the Marin Municipal Water District (MMWD) and not the
Town of Tiburon. Specifically, the MMWD has jurisdiction over the water
supply to the project site and is the agency that issues water permits
following applications for water service. The Marin Municipal Water District
(MMWD) presently has a water moratorium in place because cumulative
demand has exceeded the 35,000 acre feet supply restriction imposed by
Chapter 13.01 of the MMWD Code. MMWD has the authority to enforce its
water supply moratorium and is expected to do so. MMWD is examining
possible sources of expanded water supply.
Changes or alterations within the authority of the Town of Tiburon have been
required in, or incorporated into, the Project that avoid the significant
environmental effects as identified in the EIR. The Town will withhold
building permits until appropriate water permits have been issued by the
MMWD. In addition, the Town will minimize the Project's demand by
incorporating water conservation measures as part of project approval.
Mitieation Measures:
No development may occur without appropriate water permits from the
Marin Municipal Water District (MMWD). (DEIR, p. 82, MM 13.1; Measure
#68.)
Install low-flow plumbing fIXtures, including shower heads, faucets and
toilets, in each residence. (DEIR, p. 82, MM 13.2a; Measure #70.)
Use drought-resistant plant species in landscaping. Request the District's
landscape architect to review and comment on landscaping plans. (DEIR, p.
83, MM 13.2b.)
Install water-efficient landscape irrigation systems. (DEIR, p. 83, MM 13.2c;
Measure #71.)
Si2Dificant Effect: Inadequate water pressure for residences above 190 feet
elevation. (DEIR, p. 82.)
Findine: Changes or alterations have been required in, or incorporated into,
the Project that avoid the significant environmental effect as identified in the
EIR.
23
Mitieation Measure:
Provide a maximum pressure of 50 pounds per square inch (psi) to the
highest fIXture unit within each residence. Provide pressure-reducing valves
to those units below 150 feet in elevation. Coordinate the location of future
residences above a base elevation of 190 feet with the MMWD to ensure
adequate water pressure for these residences. Install private pressure
pump(s) where needed. (DEIR, p. 83, 13.3; Measure #72.)
SECTION 7:
The Infeasibility of Project Alternatives Other Than
the Proposed Vista Tiburon Project.
As was explained in Section 6, supra, under the heading Visual Quality and
Aesthetics, the Town Council's approval of the General Plan Amendments that are
part of the Vista Tiburon Project as proposed will cause the following significant
adverse environmental effect, which cannot be substantially lessened or avoided with
the adoption of all feasible mitigation measures: the cumulative effect to visual
resources from the conversion of open space areas to urban uses. (DEIR, p. 121.)
Because mitigation measures have failed to at least substantially lessen this effect,
the Town Council has considered whether any of the project alternatives outlined in
the EIR could feasibly substantially lessen or avoid this effect while satistying the
objectives of the Vista Tiburon Project. (See Citizens for Quality Growth v. City of
Mount Shasta (1988) 198 Cal.App.3d 433, 443-445 [243 Cal.Rptr. 727]; see also Pub.
Resources Code, section 21002.) As will be explained below, the Council concluded
that none of the proposed alternatives could feasibly both meet the Project's
objectives and substantially lessen or avoid the unavoidable significant effect of the
Project, and thus has decided to approve the General Plan Amendments included
in the Vista Tiburon Project as proposed with all feasible mitigation measures
outlined above.
The cumulative effect to visual resources of converting vacant land to residential
land use was determined to be an unavoidable significant adverse effect by the Town
in its 1988 General Plan EIR. Thus, it is a finding of the Town that unavoidable
significant cumulative adverse effects to visual resources occur wherever and
whenever residential development occurs on vacant land. All of the proposed
alternatives, except the "no-project" alternative, involve conversion of vacant land to
residential use; all of the proposed alternatives, except the no-project alternative,
would have a significant cumulative adverse effect on visual resources, and none of
the alternatives can minimize this effect to acceptable levels. (DEIR, p. 122.) None
of the alternatives, except the no-project alternative, can substantially lessen the
unavoidable significant environmental effect of the Project, because all of the
alternatives, except the no-project alternative, would have virtually the same
unavoidable significant cumulative adverse impact on visual resources as the
proposed Project. (See Pub. Resources Code, section 21002.)
24
The no-project alternative (DEIR, pp. 86-89) is "environmentally superior" to the
Vista Tiburon Project as proposed, in that it would avoid the adverse environmental
effect identified above; but the alternative is infeasible because it cannot meet the
goals of the Project.
The primary reason why the no-project alternative is infeasible is that it would fail
to meet the project objectives of providing housing opportunities compatible with
surrounding neighborhoods and developing the parcel in a manner which maintains
or enhances the visual character of the surrounding neighborhoods. (DEIR, p. 7.)
Furthermore, because the site has already been planned for development in both
present and past land use plans, the landowner has a reasonable expectation to
develop the site and it is likely that the Town would ultimately have to pay for the
land if development were not permitted. For these reasons, the no- project
alternative cannot be considered as a long-term land use for the Project area.
(DEIR, pp. 118, 120.)
Although comparison of the other alternatives is not required, because none of the
alternatives can substantially lessen the significant cumulative adverse impact of the
proposed Project, the Town finds that the proposed Project is preferable to the other
alternatives for the following reasons:
The Clustered Alternative, the Kilgore Site Alternative and the Chinai Site
Alternative would all result in additional unavoidable adverse impacts that would
not occur with the proposed Project. (DEIR, pp. 123-24.) The Clustered Alternative
would have the unavoidable adverse impact of incompatibility with the density of
surrounding developments, all of which are larger lot single-family residential
developments. (DEIR, p. 99.) The Kilgore and Chinai Site Alternatives would result
in unavoidable adverse geologic and hydrologic impacts. (DEIR, pp. 108, 109.) In
addition, the Kilgore Site Alternative would have an unavoidable adverse impact on
the wildlife and forest habitat on the site. (DEIR, p. 115.) The Chinai Site
Alternative would also have an unavoidable adverse impact on surrounding land
uses due to the large increase in density that would be required to develop the site.
(DEIR, p. 107.) All of these alternatives are clearly less preferable, giyen the
additional unavoidable significant adverse impacts they would cause that are not
caused by the proposed Project.
The remaining three alternatives -- the General Plan Consistency Alternative, the
Smith Site Alternative and the Jay Site Alternative -- all contribute to the significant
cumulative adverse impact on visual resources identified in the Town's 1988 General
Plan EIR, as does the proposed Project. Any attempt to quantity the degree to which
each alternative would contribute to the adverse cumulative impact is highly
speculative. The Smith and Jay Sites are not owned by the Project proponent.
Because the Project proponent has a reasonable expectation of development in the
Vista Tiburon site, and because the Smith and Jay Site Alternatives will not avoid
the significant cumulative adverse impact at issue, it is unreasonable to require the
Project proponent to endeavor to purchase one of these two properties to pursue an
off-site alternative. (See Citizens of Goleta Valley v. Board of Supervisors of the
25
Santa Barbara Valley (1990) 91 Daily Journal D.A.R. 129, 134 [--- Cal.Rptr. ---].)
Finally, a commentator proposed development of an alternative that would "mitigate
all biological impacts." The commentator suggested that this alternative "should
reconfigure lots, reduce or move building envelopes and realign roads so that loss
of native trees, wetlands and streams are avoided." (FEIR, p. 26, Comment MA-30.)
Development of another alternative is not required. The proposed Project will not
result in any biological impacts that cannot be reduced to a less than significant
level. (FEIR, p. 26.) To the extent that this comment is, in effect, a recommendation
that the no-project alternative be adopted, the suggestion is infeasible for the
reasons set forth above.
26
Exhibit B
MITIGATION MONITORING PLAN
FOR VISTA TIBURON PROJECT
SEE ATTACHED REPORT
27
Exhibit C
STATEMENT OF OVERRIDING CONSIDERATIONS
IN SUPPORT OF APPROVAL OF GENERAL PLAN
AMENDMENTS THAT ARE PART OF THE
VISTA TIBURON PROJECT
As set forth in Exhibit A to Resolution No. 2756 ("Findings of Fact Regarding the
Feasibility of Proposed Mitigation Measures and Alternatives for the General Plan
Amendments that are Part of the Vista Tiburon Project"), the Town Council's
adoption of the General Plan Amendments that are part of the Vista Tiburon Project
will cause the following significant adverse environmental effect, which cannot be
substantially lessened or avoided with the adoption of all feasible mitigation
measures or alternatives: the cumulative impact to visual resources from the
conversion of open space areas to urban uses.
Despite the occurrence of this significant effect, the Town Council chooses to approve
the General Plan Amendments that are part of the Vista Tiburon Project because,
in its view, the economic, social, and other benefits that it will produce will render
those significant effects acceptable. Those benefits include the following:
Housine. The Project will provide housing opportunities compatible
with surrounding neighborhoods. The General Plan Land Use
Element presently restricts the Vista Tiburon site to 13 units at a
density of .8 dwelling units per gross acre. The Project will amend the
Land Use Element to allow the development of 22 units on the site
and a density of 1.41 dwelling units per acre. This amendment will
permit the development of more housing units than would the present
zoning on-site, resulting in a greater supply of housing. This
consideration is particularly significant given the present unmet
demand for housing in Tiburon and surrounding regions in the Bay
Area and the corresponding impact of that unmet demand on traffic
congestion and regional air quality as individuals who work in San
Francisco are required to live at greatly increased distances from the
City. For example, many persons commute from Sonoma County to
San Francisco because they can find no place to live within Marin
County. In addition, the increase in the number of units that can be
developed on the site is likely to reduce the cost of housing on the site.
Preservation of Open Space. The site has already been planned for
residential development in both present and past land use plans. The
proposed Project includes creation of two separate parcels to
permanently preserve the existing Eucalyptus Grove and the riparian
habitat on the east side of the property, as well as other open space
easements. Fifty-five percent of the site is permanent open space.
28
Creation of Additional Wetlands. The site presently contains
approximately .25 acres of wetlands. Those wetlands will be filled in
as part of the Project. However, the applicant has agreed to
implement a wetlands mitigation plan that results in the creation of
.40 acres of wetland, resulting in a net gain of .15 acres of wetlands on
the site. Further, due to the high percentage of riparian wetlands to
be created, the new wetlands will be of a superior quality to the
existing wetlands.
29