HomeMy WebLinkAboutTC Res 1989 (April thru June)
RESOLUTION NO. 2615
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING A PRECISE PLAN
AMENDMENT FOR ORIGINAL LOTS 18-22 OF THE
DEL MADERA SUBDIVISION AND ESTABLISHING NEW
BUILDING ENVELOPES TO REFLECT A PREVIOUSLY
APPROVED LOT MERGER (END OF VIA PARAISO EAST)
The Town Council does resolve as follows:
Section 1. Findings.
WHEREAS, the Town of Tiburon has received an
application from UTC Corporation and Lucero Meyer for a
Precise Plan Amendment to modify building envelopes for
original Lots 18-22 of the Del Madera Subdivision.
WHEREAS, the Town of Tiburon did approve a Precise Plan
for the Del Madera Subdivision on August 5, 1981.
WHEREAS, the Town subsequently approved a merger of
Lots 18-22 of said Subdivision into 3 lots, thereby creating
the need for modified building envelopes.
WHEREAS, the Town Council has held a public hearing and
considered testimony on the Precise Plan Amendment request.
WHEREAS, the Town Council finds that the proposal is
consistent with provisions of the OPR General Plan Extension
letter and may be processed under the draft General Plan.
WHEREAS, the Town Council finds that the proposal is
consistent with provisions of the Town's Zoning Ordinance
and with the Del Madera Master Plan.
WHEREAS, the Town Council finds that the project
is categorically exempt from the California Environmental
Quality Act.
Section 2. Approval.
The Town Council approves the proposal subject to the
following conditions:
1. The envelopes depicted on attached sheets are hereby
approved. The attached sheets are labelled "Proposed
Envelope Parcel A", "Modified Envelope Parcel B", and
"Modified Envelope Parcel C".
Page 1
2. Condition #9 of the original Del Madera Precise Plan
approval (Resolution No. 1165) regarding solar grids is
hereby waived for these three lots. All other conditions of
approval, unless herein amended, shall apply.
3. Applicant shall file an amended Parcel Map depicting
the approved building envelopes and other pertinent
restrictions on the face of the Map.
4. Applicant shall take all reasonable steps to amend the
recorded Del Madera CC&R's for the property to provide
for the new envelopes.
5. This Precise Plan Amendment shall expire within 6
months of Council approval unless an amended Parcel Map
has been recorded.
PASSED AND ADOPTED at a regular meeting of the Town
Council held on June 21, 1989, by the following vote:
AYES:
COUNCILMEMBERS: Coxhead, Logan, Mayberry,
Shaw, Duke
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
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LAWRENCE/ E, MAYOR
Town 'ef-/Tiburon
ATTEST:
~
R. L. KLEINERT, TOWN MANAGER/CLERK
Page 2
RE30~uTION NO. 2614
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON CERTIFYING THE RESULTS OF THE
MUNICIPAL ELECTION HELD IN AND FOR THE TOWN
OF TIBURON, STATE OF CALIFORNIA ON THE
6TH DAY OF JUNE 1989
WHEREAS, the Town Council of the Town of Tiburon did
heretofore order an election to be held within the Town of
Tiburon on the 6th day of June 1989, for the purpose of
placing two (2) Measures, "G" and "H", on the ballot, and
WHEREAS, said election was held pursuant to the
requirements of the Government Code and the Elections Code
of the State of California; and
WHEREAS, this Town Council of the Town of Tiburon has,
pursuant to Section 22932 of the Elections Code of the State
of California, canvassed the returns from said election,
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND
DECLARED as follows:
1. That the whole number of ballots cast in the Town
of Tiburon in said election were 1219 in the
precincts and 729 were absentee ballots;
2. That the TOWN OF TIBURON, MEASURE "G",
LOW/MODERATE INCOME HOUSING voted upon was:
"Shall the Town of Tiburon, in conjunction with
the Marin Housing Authority, be authorized to
construct and own not more than four (4)
additional units of rental housing for
low/moderate income senior citizens to be added to
the existing twelve (12) units previously
authorized by the voters in 1978 at the Bradley
House (formerly the site of Old Tiburon School)?"
3. That the TOWN OF TIBURON, MEASURE "H", TRANSIENT
OCCUPANCY TAX INCREASE voted upon was:
"Shall an Ordinance be adopted increasing the
transient occupancy tax (hotel tax within the Town
of Tiburon from its present rate of 9 percent to a
rate not to exceed 10 percent?"
4. That this Council hereby finds that the number of
votes cast in said election for each measure was
as follows:
CONSOLIDATED PRECINCT NO. 3013: TIBURON
BAPTIST CHURCH
MEASURE G: YES 182
NO 53
MEASURE H: YES 176
NO 57
CONSOLIDATED PRECINCT NO. 3014: DEL MAR
SCHOOL
MEASURE G: YES 234
NO 59
MEASURE H: YES 215
NO 75
CONSOLIDATED PRECINCT NO. 3015: REED SCHOOL
MEASURE G: YES 189
NO 38
MEASURE H: YES 167
NO 51
CONSOLIDATED PRECINCT NO. 3016: BRADLEY HOUSE
MEASURE G: YES 230
NO 36
MEASURE H: YES 222
NO 47
CONSOLIDATED PRECINCT NO. 3308: BEL AIR SCHOOL
MEASURE G: YES 128
NO 39
MEASURE H: YES 124
NO 44
ABSENTEE BALLOTS:
MEASURE G: YES 581
NO 116
MEASURE H: YES 532
NO 155
5. That the TOWN OF TIBURON, MEASURE G, is hereby
declared to have been approved by the following
vote:
YES 1544
NO 341
6. That the TOWN OF TIBURON, MEASURE H, is hereby
declared to have been approved by the following
vote:
YES 1436
NO 429
PASSED AND ADOPTED at an adjourned meeting of the Town
Council of the Town of Tiburon on June 12, 1989 by the
following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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LAWRENeE/J. DUKE, MAYOR
Town M/"Tiburon
ATTEST:
R. L. KLEINERT, TOWN MANAGER/CLERK
RESOLUTION NO. 2613
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON DENYING THE APPEAL OF THE
DECISION OF THE BOARD OF ADJUSTMENTS AND
REVIEW REGARDING THE PROPOSED CONSTRUCTION
OF A SINGLE FAMILY RESIDENCE AT
1901 STRAITS VIEW DRIVE (ROBERT BECKER)
WHEREAS, the Town Council of the Town of Tiburon does
resolve as follows:
Section 1. Findings
A. The Town Council has received and considered an
appeal of the Board of Adjustments and Review
(BAR) denial of a proposed single family residence
at 1901 Straits View Drive.
B. The Town Council has held a public hearing and
considered testimony from the appellants and the
public and reviewed all materials associated with
the appeal.
C. The Town Council finds that:
1. The proposal is too massive, too high, and
entirely incongruent for this particular
site.
2. The design needs to be scaled down to
preserve the East Bay view for neighbors to
the West.
3. More details regarding access, including any
required retaining walls, must be shown.
4. The proposal should be moved further upslope
in a stepped fashion to minimize view impacts
for the adjacent neighbors as well as the
surrounding neighborhood, since this is a
prominent lot and such changes would provide
better compliance with the Town's adopted
Hillside Guidelines.
Section 2. Denial
THEREFORE, BE IT RESOLVED that the Town Council hereby
denies the appeal of the BAR decision on 1901 Straits View
Drive (Robert Becker).
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on June 7, 1989 by the
following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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LAWRENC~~. DUKE, MAYOR
Town or Tiburon
ATTEST:
R.
89 45526
Recording Requested by and
When Recorded Return to:
TOWN OF TIBURON
1155 Tiburon Blvd.
Tiburon, CA 94920
RESOLUTION NO. 2612
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON ACCEPTING A GRANT OF
EASEMENTS FROM CHARLES J. AND DALE P. SOFNAS
BE IT RESOLVED, by the Town Council of the Town of Tiburon
that the Town of Tiburon hereby accepts the Grant Deed from
Charles J. and Dale P. Sofnas, dated May 11, 1989, for easements
for roadway, utility and drainage purposes, as more particularly
described in Exhibit 1 attached hereto and incorporated herein.
The Town Clerk is hereby directed to cause said grant deed to be
recorded in the Office of the County Recorder of the County of
Marin.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on June 5, 1989, by the following vote:
AYES: COUNCILMEMBERS:
Mayor Duke, Coxhead, Logan,
Mayberry, Shaw
NOES: COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
None
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ATTEST:
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R. L. KLEINERT, TOWN MANAGER/CLERK
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89 45526
Parcel One:
A non-exclusive easement for roadway and utility purposes,
20 feet in width, lying Southeasterly of and contiguous to the
Northwesterly boundary of Parcel 2, as shown upon that certain
map entitled, "Parcel Map, Division of Lands of Bird, Charles
W. & Isabelle M. Bird, Book 2599 O.R. Pg. 196. City of Tiburon,
Marin County. California", filed for record July 26. 1973 in
Volume 8 of Parcel Maps at page 72, Marin County Records.
Parcel Two:
A non-exclusive easement for roadway and utility purposes
beginning at the intersection of courses S2001 'E and S13048'E
as shown on Parcel 2 of that certain map entitled, "Parcel Map,
Division of Lands of Bird, Charles W. & Isabelle M. Bird. Book
2599 O.R. Pg. 196, City of Tiburon, Marin County, California";
thence along the easterly line of said Parcel 2 N2001'W 17.00
feet to the true point of beginning, thence N37025'W 52.63 feet
and N90000'W 16.49 feet to the southeasterly line of a 20 foot
roadway and public utility easement as shown on said Parcel
2, thence along said southeasterly line N43000'E 35.43 feet
and S87049'E 28.40 feet to the easterly line of said Parcel
2: thence along said easterly line S10053'W 28.76 feet and
S2001 'E 38.41 feet to the true point of beginning.
Parcel Three:
A non-exclusive drainage easement 15 feet in width lying
within Parcel 2 as said Parcel is shown on that certain map
entitled, "Parcel Map, Division of Lands of Bird, Charles W.
& Isabelle M. Bird, Book 2599 O.R. Pg. 196. City of Tiburon,
Marin County, California": and westerly of the following
described line.
Beginning at the intersection of courses S43000'W and
N87049'W as shown on said Parce~ 2; thence S4010'E 106.00 to
the southerly end of said drainage easement.
EXHIBIT A
RESOLUTION NO. 26~(~)
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON CREATING "NO PARKING"
ON A SECTION OF UPPER TAYLOR ROAD
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
TIBURON AS FOLLOWS:
Section 1. No Parking Area.
The following portion of Taylor Road is hereby
defined and established as a "NO PARKING" area and
shall be governed by the provisions of Section 23.1 of
the Tiburon Town Code.
No parking on the East side of Upper Taylor Road
for a distance of approximately one thousand (1,000')
feet starting at Bond Lane.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on June 7, 1989 by the
following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ATTEST:
----..--<- -;:L.-----
. DUKE, MAYOR
Tiburon
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R. L. KLEINERT, TOWN MANAGER/CLERK
RESOLUTION NO. 2611
A RESOLUTION OF THE TIBURON TOWN COUNCIL
AUTHORIZING AN INCREASE IN THE SURCHARGE RATE LEVIED
BY MILL VALLEY REFUSE SERVICE, INC. FOR SUBSIDIZING
THE MARIN RECYCLING AND RESOURCE RECOVERY ASSOCIATION
CURBSIDE RECYCLING OPERATIONS
WHEREAS, the Town of Tiburon (Town) and the Mill Valley
Refuse Service, Inc. (MVRS) entered into an agreement on February
1, 1965, providing for the collection of refuse in the Town; and
WHEREAS, said agreement was amended and extended by a Ninth
Amendment to the Agreement; and
WHEREAS, said Ninth Amendment to Agreement authorizes the
MVRS to charge a sum to subsidize the Marin Recycling and
Resource Recovery Association (MRRRA) operations; and
WHEREAS, the Town Council has reviewed in a public meeting
the results of rate analysis study conducted by the firm Touche
Ross which recommends a rate increase of $0.25, from $1.00 to
$1.25 per residential unit per month; and
WHEREAS, the Town Council finds that said $1.25 monthly
surcharge for curbside recycling services is proper and not
excessive;
NOW THEREFORE, BE IT RESOLVED that the Tiburon Town Council
authorizes the MVRS to charge a sum not to exceed $1.25 per month
per residential unit located in the Town. Said surcharge shall be
collected only so long as the MRRRA provides curbside recycling
services to the residents of the Town at the current level of
service. If at any time the rate of return profit to MRRRA
increases so that a subsidy is no longer needed to meet curbside
recovery expenses, the surcharge shall be reduced or eliminated.
If the curbside recovery service is eliminated by MVRS and/or
MRRRA the proceeds of the liquidation of these assets acquired
through grant funds shall be refunded to the Town in the form of
reduced refuse collection fees.
PASSED AND ADOPTED at a regular meeting of the Tiburon Town
Council on June 7, 1989, by the following vote:
AYES:
COUNCILMEMBERS: Coxhead, Logan, Shaw, Mayberry, Duke
NOES:
COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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LAWREN~E . DUKE, MAYOR
Town of iburon
RESOLUTION NO. 2610
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON PROCLAIMING JUNE 21-25 AS
TIBURON'S SILVER ANNIVERSARY CELEBRATION
WHEREAS, the City of Tiburon was incorporated on June
23, 1964, by vote of the people, and
WHEREAS, at the request of citizens of this
incorporated community, the name was changed on April 18,
1979, from City of Tiburon to Town of Tiburon to reflect
Tiburon's small town character, and
WHEREAS, during the past twenty-five years, numerous
Town Council, Commission, Committee, and Board members, Town
Staff and various local citizens have all worked with
unselfish zeal to preserve the unique amenities of the Town
of Tiburon and its magnificent locale, and
WHEREAS, among the outstanding accomplishments of the
Town during the past twenty-five years has been the creation
of an outstanding park system and the preservation of more
than three hundred acres of open space,
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon on behalf of the Tiburon community does
hereby proclaim that a five day anniversary recognition
period shall commence on June 21 and extend through June 25,
and that this be a time of observance and celebration of
Tiburon's Silver anniversary, and
BE IT FURTHER RESOLVED that all Tiburon residents are
urged to acknowledge the benefits and beautiful quality of
life on the Tiburon Peninsula and resolve to continue to
contribute their time, energy and dedication towards the
future welfare of the Town of Tiburon, as has occurred the
past 25 years.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on June 7, 1989 by the
following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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LAWRE~C~~. DUKE, MAYOR
Town o-t' T1.buron
R. L. KLEINERT, TOWN MANAGER/CLERK
RESOLUTION NO. 2609
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON APPROVING
A TEMPORARY USE PERMIT TO ESTABLISH A
SKATEBOARD AREA ON TOWN PROPERTY LOCATED
ABOVE THE TOWN HALL UPPER PARKING LOT
WHEREAS, the Town Council of the Town of Tiburon
does resolve as follows:
Section 1. Findings
A. The Town Council has received and considered an
application for a Temporary Use Permit to establish a
skateboard area on Town owned property located above
the Town Hall upper parking lot adjacent to Ned's Way.
B. The Town Council has found that the proposed use
is in conformance with the intent of the draft General
Plan, and specifically the Land Use Element of the Town
of Tiburon.
C. The Town Council has made affirmative findings
consistent with the standards required in Section
10-10(J) of the Tiburon Zoning Ordinance.
D. The Town Council finds that the project, as
conditioned, will not be detrimental to the health,
safety, peace, morals, comforts or general welfare of
persons or property in the Town.
NOW, THEREFORE, BE IT RESOLVED that the Town
Council of the Town of Tiburon hereby approves the
Temporary Use Permit subject to the following
conditions:
1. This Temporary Use Permit approves utilization of
approximately 4,500 square feet of land located
above the upper Town Hall parking lot.
2. No structures shall be constructed in subject
area.
3. All skateboarding activity will be limited to
those hours between 3 P.M. to dusk or 7 P.M.
whichever comes first on school days and 10 A.M.
to dusk or 7 P.M. whichever comes first on
non-school days, weekends and holidays.
4. No amplified music, abusive or foul language,
inappropriate behavior, or littering will be
tolerated.
5. The skateboard area shall not be utilized for any
organized activity, commercial events,
competitions, demonstrations or tournaments.
6. An adult oversight committee, comprised of adults
and skateboarders will be established to monitor
the use of the skateboard area and to insure there
are no problems relating to noise, vandalism,
after hours skateboarding, safety, access,
parking, maintenance and repairs and other such
issues. If there are problems of this nature that
are not immediately resolved, the Town Manager
will have the power to temporarily suspend this
Temporary Use Permit or declare the Permit null
and void.
7. The adult oversight committee will submit the
names of their members to Town Hall and will
prepare a basic set of rules and regulations
relating to use of the skateboard area.
8. This Temporary Use Permit shall be valid for one
(1) year, unless revoked earlier by the Town
Manager under the authority of paragraph 6. above,
and shall expire and become null and void unless
an extension is granted.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on May 17, 1989 by
the following vote:
AYES:
COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS None
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LAWRENCE J. DUKE, MAYOR
Town of Tiburon
ATTEST:
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R. L. KLEINERT, TOWN MANAGER/CLERK
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Recording Requested by and
When Recorded Return to:
TOWN OF TIBURON
1155 Tiburon Blvd.
Tiburon, CA 94920
(,
RESOLUTION NO. 2607
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON GRANTING A PORTION OF
TOWN PROPERTY TO ROBERT AND JACQUELINE CROWDER
WHEREAS, the Town I s Board of Adjustments and Review has
granted the application of Robert S. and Jacqueline K. Crowder for
a lot line adjustment which involves an exchange of certain real
property owned by the Crowders for certain real property owned by
the Town; and
WHEREAS, in order to carry out said lot line adjustment, it
is necessary for the Town to convey to the Crowders the real
property described in Exhibit "A" attached hereto.
,
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon hereby grants to Robert s. and Jacqueline K.
Crowder that certain real property more particularly described in
the Grant Deed attached as Exhibit "A", and authorizes the Mayor
to execute said Grant Deed.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on May 17, 1989, by the following vote:
AYES: COUNCILMEMBERS: Mayor Duke, Coxhead, Mayberry,
Shaw, Logan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS:
ATTEST:
NAGER/CLERK
f-.
R. L.
RESOLUTION NO. 2608
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ACCEPTING THE
APOLLO ROAD STREET REPAIR PROJECT
WHEREAS, the Apollo Road Street Repair was
satisfactorily completed by Engelke Brothers on May 10,
1989.
NOW, THEREFORE, BE IT RESOLVED that the
aforementioned project be accepted by the Town Council
of the Town of Tiburon.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on May 17, 1989 by the
following vote:
AYES:
COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS None
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1
LAWRENCE J. DUKE, MAYOR
Town of Tiburon
ATTEST:
$1Id:;/
R.L. KLEINERT, TOWN MANAGER/CLERK
:;
Recording Requested by and
When Recorded Return to:
TOWN OF TIBURON
1155 Tiburon Blvd.
Tiburon, CA 94920
RESOLUTION NO. 2606
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON ACCEPTING A GRANT DEED
FROM ROBERT AND JACQUELINE CROWDER GRANTING
PROPERTY AT 80 REED RANCH ROAD.
WHEREAS, the Town I s Board of Adjustments and Review has
granted the application of Robert S. and Jacqueline K. Crowder for
a lot line adjustment which involves an exchange of certain real
property owned by the Crowders for certain real property owned by
the Town; and
WHEREAS, in order to carry out said lot line adjustment, it
is necessary for the Crowders to convey to the Town the real
property described in Exhibit "A" attached hereto.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiburon hereby accepts the Grant Deed from Robert S. and
Jacqueline K. Crowder attached hereto as Exhibit nAn, granting that
certain real property located at 80 Reed Ranch Road and more
particularly described in said Exhibit "A".
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on May 17, 1989, by the following vote:
AYES: COUNCILMEMBERS:
Mayor Duke, Coxhead, Mayberry,
Shaw, Logan
NOES: COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
None
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N MANAGER/CLERK
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Ord~r No.
178380-JB
WHEN UCOIDED MAIL TO
HOMe
Town of Tiburon
1155 Tiburon Boulevard
Tiburon. CA 94920
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MAIL TAX STATEMENTS TO
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89 52963
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srACE AIOVE THIS LINE FOI IICOIDEI'S USE
The undersigned grantor(s) declare(s):
Documentary transfer tax is $
) Computed on full value of property conveyed, or
) Computed on full value less liens.
) Unincorporated area ( ) City of
Tax Parcel No,
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GRANT DEED
ROBERT S. CROWDER and JACQUELINE K. CROWDER, husband and wife
TOWN OF TIBURON, a municipal corporation
FOR .\ V ALl'ABLE CO:'\SIDERA TIO~. receipt of which is hereby acknowledged. Do
the real property in the
TOWN of Tiburon
State of California. described as follows:
Hf'reby Grant To
. County of Marin
BEGINNING at the intersection of the courses North l6000'East, 71.98 feet and
South 44015' West, 82.00 feet in the easterly boundary line of Lot 48, as shown upon
the map entitled, "Map of Reedland Woods, Unit One, County of Marin, California",
filed for record July 27, 1965 in Book 13 of Maps, at page 23, Marin County Records,
thence; South 160 DO' West, 71.98 feet to the northerly right of way line of Reed
Ranch Road, thence; along said line on a curve to the right, with a radial bearing
of North 340 IS' East, and a radius of 200.00 feet, and a central angle of 30 021
44", and an arc length of 10.631 feet; leaving said road line North 160 00' East,
54.578 feet. North SP 55' 28" East, 1.7.049 Ieet to the point of beginning.
Containing 633.5 square feet.
.:--~~ ~ ~~
LAI((" 2~ /f89C-~-/~.
Dated.. .. . ::-f'dxl: l:l:lU.} ..I!. . .1:).0 9, . . .. . .. . .. .. .. . .. . .. .. .. ..
STATE OF CAUFORNIA. COUNTY OF mAe I rJ I-
...... ......................... ................. ....... ....., SS.
On.. ,~r.J.~... .~.,..,.q.f'?;".....,................ bcforeme.
the undersigned. a Notary Public in and for said County and State, personally
appeared... .~9.1!/~.-r-:,.. ,~:.. .C;. ~~ ~~~r:;::....,..,.........
........... .~.~~~.~, !-:-~.~~,.. ,t<..., ,~, ,?,~.~~.,....
proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is (are) subscribed to the within instrument anCl acknowledged that
. , . . . . . . . . . . . . . . . . , . , . ~ . , . . . . . . , . . . . , , . . . . . . . . . ellecuted the same.
,..~.y..,....,...,",...,',........,....,.,..,.,.,
(Notary si~nalUre line)
...... .~~~~~,.. .r.:.... T.~.':K.~.9.0!...........,............
("Notary's name shall be typed or legibly printed")
(See.. ~5 - Go~'cmlDCJU Code 1959)
.€~(!.~b~......
~~ S. Crowder
..... '-i'" .. ... '. '.. ....... ....:... ';"~""""""'" ....,. . .... ...
( t.. / ? -, /i. L' (:. ') -.# f ... ./
.. .. .(:'._;.l.~.':y.~.,.,.,....".....~,t..~/.~.,........
v Ja~queline K. Crowder
:..>...~.......... . If. !' . _ . ..........................,
t /;:m~" orr:C:Al :OEAl :
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; \. ,~., ~i2 ~I)' t',I:oJJr"~ VI Flee: IN :
. "-r~... MM:tN l:OL!~rY
~ . '. Mv rU:!HllhSI0;! f\l"r~) \'J: 17. 1921:
............................ . ............. .............................. ,
~
L.~t!f".~
California Land Title Company oT
~ 700 IRWIN AT SECOND · P.O, BOX 711 . SAN RAFAEL, CA 94915. (415) 454.9323
~: 7120 REDWOOD BLVD, · P.O, BOX 845 · NOVATO, CA 94947 · (415) 897.5157
C 650 EAST BlITHEDALE AVE. · MILL VALLEY, CA 94941 · (415) 383-8410
-- <.11 ~IQ ~QHJ""~ nPAKI= RI VO. . GRI=I=NRRAE CALlI=ORNIA Q4904 . 14151461.7474
Cl T\f.1I (7,81)
-r
Order No.
l78380-JB
WHEN IECORDED MAIL TO
r- of Tiburon I
~ Town
St,... 1155 Tiburon Boulevard
Addr.n Tiburon, CA 94920
Cily & ~
Stal. L_
MAIL TAX STATEMENTS TO
r- J
No",.
Str.., Same
Addr...
Cily &
Stal. L
..,.--
Q
52963
REcormED AT REC}JEST Of
AGENCY SHOWN
1989 Sf? '2 HI 3: 00
I.):~ F ~L~~L dE CO[;DS
MARIN COU~.1 '( C.4UFORNIA
JAf>ES ,1. DAL BON
No Fee GC8103
S'ACE AIOVE THIS LINE FO. UCO.Dn'S USE
The undersigned grantor(s) declare(s):
Documentary transfer tax is $
) Computed on full value of property conveyed, or
) Computed on full value less liens.
) Unincorporated area ( ) City of
Tax Parcel No.
GRANT DEED
ROBERT S. CROWDER and JACQUELINE K. CROWDER, husband and wife
TOWN OF TIBURON, a municipal corporation
FOR A VALUABLE COXSIDERATION, receipt of which is hereby acknowledged, Do
BEGINNING at the intersection of the courses North l6000lEast, 71.98 feet and
South 44015' West, 82.00 feet in the easterly boundary line of Lot 48, as shown upon
the map entitled, "Map of Reedland Woods, Unit One, County of Marin, California",
filed for record July 27, 1965 in Book 13 of Maps, at page 23, Marin County Records,
thence; South 160 00' West, 71.98 feet to the northerly right of way line of Reed
Ranch Road, thence; along said line on a curve to the right, with a radial bearing
of North 340 l5' .East, and a radius of 200.00 .feet, and a central angle of 30 02'
44", and an arc ~ength of 10.631 feet; leaving said road line North 160 001 East,
54.578 feet, North 510 55' 28" East, 17.049 feet to the point of beginning.
Containing 633.5 square feet.
c... ),b.~'
./ '\.'--
J;;N~ -2~ /f 69 (/;:X.
Dated.. .. . ::-f'.Cfr-.rtuU.1 . .14,. . .1)09, , .. . ... .. . .. .. , . .. . .. . .. ..
STATE OF CALIFORNIA, COUNTY OF m Ae I 1J l
....... .......... .... ............. ................ .... ...... ( SS.
On. . . ~r.-J.ti-. . . " ~", .l.&f.f. ~. , , . . , . . . . . . . , . . , . , . . . . : before me,
the undersigned, a Notary Public in and for said County and State, personally
appeared, ". 1:.9 .~I!f-I;,-r, .. .r;:...c;, ~~ ~ ~~-;:;, . .... .. . . .. .. ,. ,
.."....... ,~.~~'!.~.~(.~ S... ,K." ,~'!":J.?:->.t;=;<......
the real property in the
TOWN of Tiburon
State of California, described as follows:
..................................................................
..................................................................
proved 10 me on the basis of satisfactory evidence to be the person(s) whose
name(s) is (are) subscribed to the within instrument ana acknowledged that
. , . , . . . . . . , . . . , . . , . . . . ~ . . . . , . . . . . . . , . , . . . . , , . . . executed the same.
~y~~
.................... . ...... ....... ..... .........................
(Notary signature line)
..... ..~~~~~... .r:... T.f7.~K.!i>.':?,r:-!........................
("Notary's name shall be typed or legibly printed")
(Sec, 8205.. Government Code 1959)
Hf"rf"by Grant To
, County of Marin
...~I.f ..t:b~...........
~~:~ S. Crowder
... ..'-j...........~..........; '..:" ..:.:.;.,...."......,..............
. (//c-~_/ .l.,,(.C(~ :l':~~:... !.~.:{. ,(.:.~,> 2.(e~.......,
Jacqueline K. Crowder
v' \.0
.................................. ................................
................................................ ...................
..................................................................
..................................................................
; & .~. ::\,..~................~. .............. ..... ,
~ /y~-(--:~., (1FrC',',l ~[~l :
: ",,~,:t'.>), r:::;;~ V, .!c~r.k5()n :
\" !."! ~'::.~;. '.~: ~r'I,)' .';:f rl,'!'ur r~l!;:GRNI" r
. \". ... ,iI" I' "'1'1"" "'''I'' IN ·
: >:i:fJ/, ';:'~~,N.co'0~\~ :
........... M~ (,l~nm""JoI h."ie-; ~!Jr 17. 19'12.
............~...~
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- ..
RESOLUTION NO. 2605
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REQUIRING DEPOSIT FOR
REPAIR OF STREETS, CURBS & GUTTERS DAMAGED
DURING CONSTRUCTION OF NEW RESIDENCES
WHEREAS, the Town Council has determined that the
Town's streets, curbs and gutters are being damaged by
construction of new residences, and
WHEREAS, it is necessary to establish a Street
Repair Deposit of $5,000 to be collected by the Town's
Building Department when the Building Permit is issued,
and
WHEREAS, the Street Repair Deposit will be
reimbursed to the contractor after inspection and
approval of the condition of the Town's streets, curbs
and gutters by the Superintendent of Public Works prior
to the issuance of an Occupancy Permit, and
WHEREAS, if there is any dispute between the
findings of the Superintendent of Public Works and the
contractor regarding the condition of the Town's
streets, curbs and gutters, the contractor can appeal
the decision of the Superintendent of Public Works to
the Town Council.
NOW, THEREFORE, BE IT RESOLVED that the Town
Council of the Town of Tiburon does hereby require a
Street Repair Deposit of $5,000 at the time of issuance
of a Building Permit for construction of each new
single family residence.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on May 17, 1989 by
the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
";~>
:'~--'~~-~..,,/ .........1......... ~-<-.:;_:----:-:-:_____ -;{L->--
LAWRENCE ;r~'- DU E, MAYOR
Town of Tiburon
ATTEST:
AGER/CLERK
RESOLUTION NO. 2604
A RESOLUTION OF THE TOWN COUNCIL OF
OF THE TOWN OF TIBURON ESTABLISHING
A MINORITY BUSINESS PROGRAM
WHEREAS, the Federal Department of Transportation
requires the establishment of a Disadvantaged Business
Program in accordance with the Federal Aid Highway
Action of 1987, and
WHEREAS, the Town of Tiburon is the recipient of Federal
grants through the Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon adopts a policy to utilize Disadvantaged
Businesses to the maximum extent feasible, but not less than
10% of the contract cost for all federally assisted
construction projects.
BE IT FURTHER RESOLVED that the Town of Tiburon's
Disadvantaged Business Program complies with the 1987
Surface Transportation and Uniform Relocation Assistance
Action which presumes that women are socially and
economically disadvantaged individuals whose participation
may be counted in attaining Disadvantaged Business goals.
As such, separate WBE goals will no longer be used and the
terms DB and WBE in the current adopted program shall be
understood to mean DB.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on May 3, 1989 by the
following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
~:-,,.;t::::::;':;/'
// ,/'. ' ," ,;, ~.. _ ' ,...-".,..,..-", -.,
, . _______ _ .... ~J.o--.c-"~" "
LAWRENCE' . DUKE, MAYOR
Town of Tiburon
ATTEST:
MANAGER/CLERK
RESOLUTION NO. 2603
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ESTABLISHING THE
ANNUAL SALARY OF THE TOWN MANAGER
WHEREAS, Chapter 2, Article II, Section 2-7 of the
Tiburon Municipal Code requires that the salary of the
Town Manager be fixed by Resolution of the Town
Council.
NOW, THEREFORE, BE IT RESOLVED that the Town
Council of the Town of Tiburon does hereby establish
the salary of the Town Manager at $63,000 annually,
effective January 1, 1989.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on May 3, 1989 by
the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
I
-:_.;/,c:;.>' ,if'
~~~~--L
LAWRENCE J. DUKE, MAYOR
Town of Tiburon
ATTEST:
MANAGER/CLERK
RESOLUTION NO. 2602
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON AUTHORIZING
THE MAYOR TO EXECUTE AGREEMENT
BETWEEN THE TOWN OF TIBURON, CITY
OF BELVEDERE AND HARBOR CARRIERS, INC.
WHEREAS, the Town of Tiburon and City of Belvedere
support ferry service for their respective communities
and desire to maintain a high level of ferry service,
and
WHEREAS, the Town of Tiburon and City of Belvedere
have entered into a Joint Powers Agreement for the
purpose of jointly exploring potential sources of
federal funding assistance for Harbor Carriers, Inc.'s
ferry service between Tiburon and San Francisco, and
WHEREAS, the Town of Tiburon is authorized by the
provisions of the Joint Powers Agreement to enter into
and execute all contracts and/or agreements between
Harbor Carriers, Inc., Urban Mass Transit
Administration, Metropolitan Transportation Commission
and other local transit agencies,
NOW, THEREFORE, BE IT RESOLVED that ,the Town
Council of the Town of Tiburon does hereby authorize
its Mayor to execute an Agreement between the Joint
Powers Authority and Harbor Carriers, Inc. in regard to
the costs associated with Harbor Carriers, Inc.'s
preparation of the "Section 15" report to the U. S.
Urban Mass Transit Administration.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on April 19, 1989
by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan,
Mayberry, Shaw
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Duke
-~~y~
~RANCIS X. SHAW, VICE-MAYOR
Town of Tiburon
ATTEST:
$~-
R. L. KLEINERT, TOWN MANAGER/CLERK
89 3S2~1
RECORDED AT REQUEST OF
Recording Requested by and
When Recorded Return to:
TOWN OF TIBURON
1155 Tiburon Blvd.
Tiburon, CA 94920
AGENCY SHOWN
~999 JUH 20 AM 8. 00
n=r"-;rUij f?Ff'(J"'+;;t,ns
"" ,\.IIM~ I ~.._v . ~
MARUi COUNTY CAUFORNfA
.JAME S ,J 0[11 RON
No'" GC8103
RESOLUTION NO. 2600
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON VACATING AN EXCESS SLOPE EASEMENT
ADJACENT TO VACATED PORTION OF VIA PARAISO EAST
WHEREAS, the Town of Tiburon is the holder of a 5-foot
public service slope easement for maintenance and repair of
crib walls over the property described as Parcels Band C as
shown upon that certain map entitled IIparcel Map of Lots 18,
19, 20, 21, and 22, and a Portion of Via paraiso East,
(Vacated), IMap of Del Madera Subdivision Lands of the Tiburon
Peaks Partnership, Town of Tiburonl Volume 19 of Maps page 23,
Marin County Records III, filed for record February 23, 1989 in
Volume 24 of Parcel Maps, at page 52, Marin County Official
Records (lithe property"), which property is located adjacent to
previously vacated portions of Via paraiso East; and
WHEREAS, said public service slope easement is not and
will not in the future be required for purposes of maintaining
crib walls or for any public purposes whatsoever; and
WHEREAS, California Streets and Highways Code Division 9,
Part 3, Chapter 4, authorizes the Town summarily to vacate
said public service easement.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the
Town of Tiburon as follows:
1. The Town of Tiburon
service slope easement located
hereinabove.
hereby vacates the public
on the property described
2. This vacation is made pursuant to the authority of
Division 9, Part 3, Chapter 4 of the California Streets and
Highways Code.
3. The Town Clerk shall forthwith record a certified
copy of this Resolution, and upon recordation of the same in
the Office of the Marin County Recorder, said public service
slope easement is vacated and shall no longer constitute a
public service easement.
-1-
89 352~7
PASSED AND ADOPTED at a regular meeting
council of the Town of Tiburon on April 19,
following vote:
of the Town
1989 by the
AYES: COUNCILMEMBERS:
Coxhead, Logan, Mayberry and
Mayor Duke
NOES: COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
Shaw
ATTES/$~
R.L. KLEINERT, TOWN MANAGER/CLERK
/
-~..,_.~,....,<.,-- ~'<!~L^-.
LAWRENCE.J. DUKE , MaY()~'~"; ,
Town Q.,f-'/-Tiburon _- - ...... \3 '~, I, '-
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Draft date: April 10, 1989
Final date: April 21, 1989
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RESOLUTION NO. 2599
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON CREATING NO PARKING ZONES
ON TENAYA DRIVE
BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
TIBURON that it is hereby ordered as follows:
The following portion of Tenaya Drive is hereby
defined and established as a "No Parking" area and a
red zone will be installed as follows:
Curb between 561 and 565 Tenaya Drive, which is
approximately 10 feet long
The two perpendicular curbs between 562 and 564
Tenaya, which are each 18 feet and 9 feet long.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on Apri.l 5, 1989,
by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
//
,... .. . ~ " .'~ ./
,/ j-~~;10--_.
LAWRENCE . UKE, MAYOR
Town of T:rburon
ATTEST:
MANAGER/CLERK
RESOLUTION NO. 2598
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON APPROVING A PRECISE PLAN AMENDMENT TO
THE MIRAFLORES PROJECT PRECISE PLAN REGARDING
LOT 18 AT 176 AVENIDA MIRAFLORES
WHEREAS, the Town Council of the Town of Tiburon does
resolve as follows:
Section 1. Findings.
A. The Town Council has received and considered an
application by Pete Pedersen for a Precise Plan
Amendment to expand a building envelope at 176 Avenida
Miraflores. Said application consists of the
following:
1. Application received 2/21/89.
2. Plans received 2/21/89 from Pedersen Associates
entitled "Precise Plan Amendment for 176 Avenida
Miraflores.
B. The Town approved the Miraflores project Precise Plan
in March, 1977, and has since adopted amendments
thereto for the purposes of expanding and adjusting
building envelopes.
C. The Planning Commission has held a duly noticed public
hearing and has heard testimony from the public and has
recommended to the Council approval of the amendment
subject to conditions.
D. The Town Council finds that the Precise Plan Amendment
is consistent, or has a reasonable probability of being
consistent with, the revised Tiburon General Plan; and
further finds that the application is consistent with
the Zoning Ordinance and is in substantial conformance
with the Miraflores Master Plan.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Town Council
hereby approves the Precise Plan Amendment subject to the
following conditions:
1. The envelope expansion area shall be limited to
structures less than six feet in height.
2. All proper permits shall be obtained for proposed
improvements in the expanded envelope.
3. Drainage concerns shall be addressed to the
satisfaction of the Town Engineer prior to design
review approval.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on April 5, 1989, by the
following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
::;~ Lj,d
~'':;::::--:-''''\~i;...A.''''~''''''': .-
_/ . ..~ ....Z.~
LAWREN9E ~ J . DUKE , MAYOR~"
Town 6f /'l'lburon
,,/
ATTEST:
R.
RESOLUTION NO.
2597
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON APPROVING A USE
PERMIT FOR THE ON-SITE SALE AND SERVING,
AND OFF-SITE SALE, OF BEER AND WINE AT
THE TIBURON DELI LOCATED AT 110 MAIN STREET
WHEREAS, the Town Council of the Town of Tiburon does
resolve as follows:
Section 1. Findings.
A. The Town Council has received and considered the
Conditional Use Permit application submitted by Hakam
Madi to allow on-site sale and serving of beer and wine
at the Tiburon Deli located at 110 Main Street, and has
held a duly noticed public hearing and taken testimony
from the public.
Said application consists of the following materials:
1. Application received 2/15/89.
2. Copy of on-sale beer and wine application to the
Dept. of Alcohol and Beverage Control.
B. The Planning Commission has reviewed the application
and held a duly noticed public hearing and has
recommended approval to the Council of the Use Permit
subject to conditions.
C. The Town Council has found that the use is, or has a
reasonable probability of being, consistent with the
General Plan of the Town of Tiburon pursuant to the
Office of Planning & Research extension letter dated
November 29, 1988.
D. The Town Council has made affirmative findings
consistent with the standards required in Section 21(E)
of the Tiburon Zoning Ordinance regarding Use Permits.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Town Council
hereby approves the Use Permit subject to the following
conditions:
1. This use permit approves the on-site sale and serving
of beer and wine, both inside the building and on the
exterior patio area. Off-site (to go) sale of beer and
wine has been authorized for several years on the site
and is also hereby permitted.
2. Hours of sale and serving of beer and wine are limited
from 10:30 a.m. to 5:30 p.m..
3. This use permit does not authorize any expansion of the
floor area, seating or capacity of the Deli, beyond its
current capacity of 10 tables with a total of 24 seats.
4. This use permit shall apply only to the Tiburon Deli as
presently operated with 10 tables and 24 seats maximum,
demonstrating no increase in intensification or seating. The
Town reserves its rights under the Police Power to review
any conditional use permit for compliance with conditions of
approval, conformity with Town regulations, or changes in
circumstances which make review of the permit appropriate.
5. Periodic review of this Use Permit shall be made by the
Town of Tiburon to ensure compliance with conditions of
approval. New conditions, or modifications to conditions,
may be applied as deemed necessary by the Town. Failure of
the Town to perform periodic review shall not waive the
Town's authority to enforce the conditions of this Use
Permit or to exercise its Police Power.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on April 5, 1989,
by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
".~~:~~..,_,_, //;1 .
> '/ /.",..L
LAWRENCE 7: DUKE, MAYOR
Town of 1iburon
ATTEST:
MANAGER/CLERK
RESOLUTION NO. 2596
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING AN AMENDMENT
TO THE PRECISE PLAN FOR LOT 5 (16 CIBRIAN
DRIVE) OF THE HEXAN SUBDIVISION
The Tiburon Town Council does resolve as follows:
Section 1. Findings.
A. The Town Council has received and considered the
application by Michael and Ann Keith for a Precise Plan
Amendment to trade a 1,750 sq. ft. portion of their
primary building envelope for an approximately equal
portion of their secondary envelope.
B. The amendment to the Precise Plan is described as
follows:
1. Map dated 7/19/88 by Schwartz-Waag Associates.
2. Application received 1/10/89.
C. The Planning Commission has held a public hearing and
taken testimony on the application and has recommended
denial of the application to the Town Council.
D. The Town Council has held a public hearing and taken
testimony on the application. The Council finds the
application to be in conformance with the Tiburon
General Plan, the General Plan Extension letter from
the Governor's Office of Planning & Research, as well
as other applicable regulations and is in substantial
conformance with the approved Master Plan.
Section 2. Approval.
The Town Council hereby approves the Precise Plan Amendment
subject to the following conditions:
1. All required design review approvals shall be obtained
prior to application for a building permit.
2. All conditions of Town Council Ordinance No. 267,
Resolution Number 2095, and Resolution No. 2296, except
as herein amended, shall apply.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on April 5, 1989, by the
following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Mayberry, Duke
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
'7
'_ /:.-:- A'
,--~ ' ~ I
-.--.....- \~..._-".." <,._~"-:'.,,-- . .,--<(-<.p...--.-
LAWRENC . UK, MAYOR
Town :~~ Tiburon
ATTEST:
RESOLUTION NO. 2595
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ESTABLISHING PROCEDURES
AND REQUIREMENTS FOR THE CONSIDERATION
OF THE APPLICATION OF LA CRESTA
ASSOCIATES FOR A DEVELOPMENT AGREEMENT
WHEREAS, Government Code Sections 65864-65869.15
authorize cities and counties to enter into binding
development agreements with persons having legal or
equitable interests in real property, for the development of
such property, and authorize the establishment of procedures
for consideration of applications for such agreements; and
WHEREAS, La Cresta Associates has requested that the
Town adopt procedures for the processing of its application
for a development agreement for the La Cresta development;
NOW, THEREFORE, BE IT RESOLVED that:
1. The procedures and requirements for the
consideration of development agreements as set forth in
Exhibit "A" attached to this resolution are adopted for use
in processing the application of La Cresta Associates for a
development agreement; and
2. The Planning Director is instructed to prepare and
adopt such application forms, check lists and other
documents as are deemed necessary to implement these
procedures and requirements.
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on April 5, 1989,
by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Duke
NOES: COUNCILMEMBERS: Mayberry
ABSENT: COUNCILMEMBERS: None
LAWREN E
Town 'Of,.
ATT~ .
R. L. KLEINERT, TOWN MANAGER/CLERK
Y,/'
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. DUKE, MAYOR
iburon
RESOLUTION NO. 2594
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
TOWN OF TIBURON AMENDING RESOLUTION NO. 1187
APPROVING THE PRECISE PLAN AND TENTATIVE MAP
FOR LA CRESTA SUBDIVISION OFF OF VIA LOS ALTOS
ROAD WITH RESPECT TO ORIGINAL CONDITION NO. 11
RECITALS
An application has been filed to amend Resolution No. 1187
approving the La Cresta Subdivision Precise Plan and
Tentative Map.
The proposal is consistent with the Tiburon existing General
Plan and Zoning Ordinance, and may be processed under the
terms of the Office of Planning & Research's General Plan
Extension letter dated November 29, 1988.
The Planning Commission has held a duly noticed public
hearing and considered evidence and testimony and has
recommended approval of the amendment to the Town Council.
The Town Council has held a public hearing and considered
evidence and testimony on this application.
Whereas, the originally approved Condition No. 11 of
Resolution No. 1187, adopted November 18, 1981, read as
follows:
"No improvement of any type, including fences, temporary or
otherwise, shall be permitted outside the building
envelopes. In addition, no planting of trees or shrubbery
shall be allowed along property boundaries which would have
the effect of fencing the property. A note on the Final Map
stating the building envelope restrictions shall be
provided. The CC&R's prepared for the development shall
also note the building envelope restrictions."
APPROVAL
NOW, THEREFORE, BE IT RESOLVED, that the Town Council
hereby amends Condition No. 11 to read as follows:
"Unless otherwise approved by the Town of Tiburon, no
improvements of any type, including fences, temporary or
otherwise, shall be permitted outside the building
envelopes, except driveways, retaining walls, and other
improvements associated with support driveways and decks.
In addition, no planting of trees or shrubbery shall be
allowed along property boundaries which would have the
effect of fencing the property."
PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Tiburon on April 5, 1989,
by the following vote:
AYES: COUNCILMEMBERS: Coxhead, Logan, Shaw,
Duke
NOES: COUNCILMEMBERS: Mayberry
ABSENT: COUNCILMEMBERS: None
'/
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LAWRENCE UKE, MAYOR
Town':" Tiburon
ATTEST:
R. ~~AGER/CLERK
RESOLUTION NO. 2593
A RESOLUTION OF THE TIBURON TOWN
COUNCIL APPROVING MODIFICATIONS
TO THE LA CRESTA PRECISE PLAN AND
TENTATIVE MAP
SECTION 1: FINDINGS
Part I General
l(a). Applicant, Nana Enterprises ("applicant"),
has previously submitted a Master Plan to develop a parcel
of 87 acres of land off Via Los Altos Road in the Town of
Tiburon. The Master Plan concerning this project was
approved by the Town Council in Ordinance No. 238 N.S.,
adopted January 7, 1981.
l(b) .
Applicant has also submitted an application
for modification of certain conditions of approval with
respect to that Master Plan. That application has been
approved by adoption of Ordinance No. ____ N.S.
1 (c) .
Applicant has previously submitted a Precise
Plan and Tentative Map for the development of 20 acres off
Via Los Altos Road in the Town of Tiburon. The Precise Plan
and Tentative Map were approved by Resolution No. 1187,
adopted November 18, 1981.
1 (d) .
The Town of Tiburon agreed, at the
applicant's request, to consider the Final Map for the
project on a phased basis. A Final map for development of
18 lots (Phase I) was approved by the Town Council in
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Resolution No. 2037, adopted on August 4, 1982. The Phase I
Final Map was recorded on September 24, 1982.
l(e). Applicant has previously submitted an
amendment to the Precise Plan/Tentative Map for the La
Cresta development of 20 acres off Via Los Altos Road. This
amendment was approved by the Town Council in Resolution No.
2162, adopted on September 7, 1983.
l(f). Applicant has previously submitted an amended
Final map for 18 lots, amending that Final Map recorded on
September 24, 1982. This Amended Final Map was recorded on
December 15, 1983.
l(g). Applicant has previously submitted a Final
Map for the La Cresta Phase II subdivision for 11 lots dated
July 15, 1987. The Final Map was recorded July 24, 1987.
l(h). Applicant has previously submitted an
amendment to the Precise Plan and an application for lot
line adjustments to the La Cresta Phase II subdivision Lots
22-26. The Amended Precise Plan and lot line adjustments
were approved by the Town Council in Resolution No. 2530,
adopted on June 1, 1988.
l(i). Applicant has previously submitted an
application for Amended Final Map entitled "Resubdivision of
La Cresta unit II -- Lots 22-26" which was submitted in
September 1988. That application has been approved by the
Town Council in Resolution No. 2571, adopted on December 7,
1988.
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l(j). Applicant proposes to amend the approved
Precise Plan and Tentative Map so as to resubdivide the
current Lot 29 and thereby create Lots 29, 30 and 31. the
Amended Precise Plan/Tentative Map is described as follows:
a). Map identified as "La Cresta unit 2, Resubdivision
of Lot 29", dated 12/5/88 and prepared by Schwartz-Waag
Associates.
b). Map identified as "La Cresta Subdivision, Vesting
Tentative Map and Development Plan", dated 12/5/88 and
prepared by Schwartz-Waag Associates.
c). Geotechnical Investigation Feasibility Analysis
Lots 30 and 31 La Cresta Subdivision prepared by Herzog
and Associates, dated March 29, 1988.
l(k) . The Planning Commission held a duly noticed
public hearing on March 8, 1989 for the purpose of reviewing
the applications for an amended Precise Plan/Vesting
Tentative Map, and receiving comments and recommendations
from the public.
Part II -- Need for Additional or Supplemental EIR
2(a). An environmental impact report (EIR) was
prepared in connection with approval of the Master Plan and
was reviewed by the Planning Commission and certified by the
Town Council. Since certification of the EIR, a detailed
Geotechnical Investigation for the development of Lots 30
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and 31 has been prepared by Herzog & Associates, dated March
29, 1988. The Geotechnical Investigation has been added as
an addendum to the EIR in accordance with Section 15164 of
the CEQA Guidelines (Title 14 of the California
Administrative Code). The EIR, including the Geotechnical
Investigation, has been considered by the Town Council in
making a decision on these applications.
2(b). Phase II as proposed by the applicant is
substantially similar to the project reviewed in the EIR.
The EIR studied a proposed project of 39 residential lots,
and considered as an alternative a development of 32 lots,
whereas the entire build-out of the project if Phase II is
approved as proposed will contain only 31 lots. with the
exception of the newly created Lots 30 and 31 (which are
created from property currently a part of Lot 29 in La
Cresta's Final Map), the Lots in Phase II are the same as
the lots studied in the EIR. Any changes in the proposed
project from that which was studied in the EIR are minor and
will not require any major revisions to the EIR.
2(c). Planning staff and Town Council have studied
the EIR and applicant's applications for an amended Precise
Plan and Tentative Map and have determined that the EIR,
including the Geotechnical Investigation, adequately and
substantially addresses all potential environmental impacts
of the proposed development. There is no evidence that
substantial changes have occurred with respect to the
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circumstances under which the project is being undertaken
which requires major revisions to the EIR, nor has any new
information become available since the EIR was certified
which would require substantial revision of the EIR. The
Town Council hereby re-certifies the La Cresta EIR and its
geotechnical addendum.
Part III -- Consistency with General Plan & Zoning
3(a). The applicant has proposed a residential
project which is substantially compatible with surrounding
neighborhoods. The proposed development is a clustered
development which leaves nearly three-quarters of the entire
site as open space.
3(b). The EIR discusses in considerable detail the
conformity of both phases of the project to the General
Plan, as well as compatibility with the land use
characteristics of surrounding areas. The EIR concludes
that the project, as studied in the EIR, was substantially
consistent with all relevant objectives of the General Plan.
The Planning Director has likewise studied the conformity of
the proposed development with the zoning ordinance and the
General Plan, and his analysis and conclusions have been
provided to the Town Council in the form of Staff Reports
and in testimony at public hearings before the Council.
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3(c). Based upon the information contained in the
EIR and provided by the Planning Director, and upon other
information submitted to the Town Council, the Council finds
that the proposed development substantially conforms with
the provisions of the General Plan and zoning ordinance.
Part V -- consistency with Subdivision Map Act
4(a). The Council finds that the applicant's
proposed vesting subdivision map is consistent with
applicable requirements of the Town General Plan, for the
reasons set forth in Part III of this Resolution. The
design of and improvements in Phase II are also consistent
with the General Plan, and the proposed conditions of
approval have left many aspects of the design and
improvement plan to approval by the Town so as to ensure
such consistency.
4(b). The site of Phase II is physically suited for
the type and density of development proposed by applicant.
The area is designated as suitable to residential
development under the Town's zoning ordinance, and nearly
three-quarters of the entire tract will remain as open space
after development is completed.
4(c). For the reasons described in Part II of this
resolution, the design of the project and the proposed
improvements are not likely to cause substantial
-6-
environmental damage or avoidable injury to fish or wildlife
or their habitats. Environmental impact identified in the
EIR can mitigated to a considerable degree, and those which
can not be fully avoided do not constitute adverse threats
to public health or safety or severely reduce vegetation or
wildlife habitats.
4 (d) .
The design of the project and improvements
proposed are not likely to cause serious public health
problems.
4 (e) .
The design of the project and the type of
improvements proposed by applicant will not conflict with
easements, acquired by the public at large, for access
through or use of the property proposed for the development.
section 2: Approval
NOW, THEREFORE, BE IT RESOLVED that the Town Council of
the Town of Tiburon does hereby approve the Amended Precise
Plan/Vesting Tentative Map of the La Cresta SUbdivision,
subject to the following conditions and as modified herein:
1. A total maximum of 31 residential parcels shall be
created in the project, all of which shall have access off
of Via Los Altos Road.
2. A Precise Plan and Tentative Map has been
submitted which shows the precise configuration of and a
three-dimensional building envelope for the residential
parcels to be created.
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3. As a part of the Precise Plan and Vesting
Tentative Map, the applicant shall submit a detailed
geotechnical report from a licensed soils engineer with
geotechnical expertise that comments specifically on the
development plan and grading concept and the report shall be
approved by the Town Engineer.
4. The applicant in conjunction with the licensed
soils engineer with geotechnical expertise shall establish
specific criteria and standards for construction on each lot
in the subdivision and the criteria and standards shall be
approved by the Town Engineer.
5. The grading and drainage plans shall be reviewed
and approved by the Town Engineer.
6. The applicant shall submit precise details, as
requested by the Town Engineer, which shall ensure that
erosion and sediment control will be adequate. Details
shall include methods of revegetating all disturbed areas
and appropriate retainment for sediments, including
siltation ponds and/or temporary and permanent catch basins.
7. The applicant shall provide, for any areas upon
which construction will occur, a thorough archaeological
site investigation. In the event archaeological materials
are discovered or could be in evidence, the applicant shall
obtain a qualified archaeologist to provide recommendations
for their preservation.
8. All utilities shall be placed underground.
-8-
PASSES AND ADOPTED at a regular meeting of the Town
Council of the Town of Tiburon on April 5, 1989 by the
following vote:
AYES:
NOES:
COUNCILMEMBERS: COXHEAD, LOGAN, SHAW,
DUKE
COUNCILMEMBERS: MAYBERRY
ABSENT:
COUNCILMEMBERS: NONE
/ /
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.,y_~"" "':" .~ ...~ j/'" ;IlL..... '~._--...
LAWRE,J~CE ~~-'DUKE, MAYOR
Town'_~f/T iburon
ATTE/dJ~
R.L. KLEINERT, TOWN CLERK
Town of Tiburon
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