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Home My WebLink AboutTC Res 1991-12-03 (2) RESOLUTION NO. 2830 A RESOLUTION OF THE TOWN" COUNCIL OF THE TOWN OF TIBURON AMENDING THE PELLEGRINELLI PRECISE PLAN (PLANNED DEVELOPMENT #8, AP 038-141-10~ 11. 12. 13. 14~ AND 15 WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findin2s. A. In 1980, the Tiburon Town Council adopted Ordinance No. 222 N.S. approving a Master Plan for the Pellegrinelli property. The Council subsequently approved a Precise Plan for the project by adopting Resolution No. 1114. The approved Precise Plan Map contained square footage limits for residences on four of the lots in the project, and established building envelopes and minimum property line setbacks to supplement the envelopes. B. On April 25, 1991, the Town received an application from Mr. Vladimir Turski, current owner of the four lots, requesting amendments to the Pellegrinelli Precise Plan Map to revise fIXed square footage limits for the four lots and to allow certain structures outside of prescribed building envelopes. After a public hearing on May 22, 1991, the application was denied without prejudice and the applicant was advised that he could return with a scaled-back proposal. The applicant filed such a revised application on June 19, 1991. C. The Planning Commission held a duly-noticed public hearing on July 10, 1991, and again voted to deny the application. The decision was appealed to the Town Council, which after a public hearing on August 7, 1991, voted to deny the appeal without prejudice. However, the Council encouraged the applicant to reapply to the Planning Commission in the hope that a better project for both the neighborhood and applicant could be achieved. D. The applicant subsequently filed a revised application on October 21, 1991. The Planning Commission held a duly-noticed public hearing on November 13, 1991 and recommended conditional approval of the application to the Council. The Town Council held a duly-noticed and advertised public hearing on December 3, 1991, and heard and considered testimony from interested persons on the application. 1 E. The Town Council finds that certain minor amendments to the Precise Plan are warranted, both to reflect more reasonable house size limits and to clarify certain unclear provisions of the original Precise Plan. F. The Town Council finds that granting of the amendments will not constitute a granting of special privilege not enjoyed by other properties in the same area and zone, since the potential house size limits for most properties in the area are similar to or larger than those approved herein, and most houses in the vicinity built within the last five years are of comparable size to those proposed. G. The Town Council finds that the amendments are consistent with the adopted Pellegrinelli Master Plan (Ordinance No. 222 N.S.), and with the Tiburon General Plan. H. The Town Council finds that the project is categorically exempt from CEQA. Section 2. Amendment. NOW, THEREFORE BE IT RESOLVED that the Town Council approves the following amendments to the Pellegrinelli Precise Plan as adopted in Town Council Resolution No. 1114: 1. The square footage limits printed on the face of the Precise Plan Map are hereby deleted. 2. Notes 16-21 on the Precise Plan Map are hereby deleted and replaced with the following: 16. All retaining walls on the right-of-way will be made of permanent material. " 17. Contour interval is two feet, datum is mean sea level. 18. Floor elevations are approximate; building and swimming pool locations are illustrative only. 19. Building rights on the open space easement on Lot 5 have been dedicated to the Town of Tiburon; underlying fee remains with Lot 5. 20. Gaia Drive is renamed "Pellegrinelli Drive". 2 ZONING INFORMATION 21. The provisions of this Precise Plan are intended to supplement and amplify the provisions of Section 2.07 of the Tiburon Zoning Ordinance (Planned Residential Development Zone) for these properties. Unless otherwise indicated, provisions of the Tiburon Zoning Ordinance (Ordinance #360 N.S., as amended), shall apply to the property. 22. The floor area maximums on Lots 1-4 shall be as follows: Lot 1: 3,200 square feet Lot 2: 3,000 square feet Lot 3: 3,450 square feet Lot 4: 3,850 square feet. The calculation of floor area shall be as defined in the Tiburon Zoning Ordinance under "Floor Area, Gross", except that 693 square feet of garage space shall be permitted for each lot in lieu of the 500 square feet specified in the Zoning Ordinance under "Floor Area, Gross". 23. Maximum height for the primary .building shall be 30 feet on Lot 4 and 25 feet on Lots 1, 2, and 3; maximum height for accessory buildings shall be 15 feet. 24. Building envelopes shall be as set forth on the Precise Plan Map and are as defined in the Tiburon Zoning Ordinance under "Building Envelope". Structural encroachment outside of the building envelopes shall be only as allowed under this definition. 25. The minimum setback for all structures shall be 20 feet from any property line even if the building envelope would otherwise allow a lesser setback. This 20 foot setback provision shall not apply to that portion of the Lot 3 building envelope depicted in Exhibit A, attached hereto and made a part of this Resolution. 26. The minimum building setback line shall be 20 feet from existing roadways, even if the building envelope would otherwise allow a lesser setback. 27. No structure of any kind shall be permitted to block or impede access across any pedestrian easement. 3 28. Exterior surfaces of the residences and garages on Lots 1-4 shall be of subdued earth-tone colors which blend with the surroundings. Section 3. Conditions of Approval. The above amendments are approved subject to the following conditions: 1. All provisions and conditions of the Precise Plan, as adopted by Town Council Resolution No. 1114, shall remain in effect, except as herein amended. 2. Prior to the issuance of building permits, the current CC&Rs for the subdivision shall be abandoned and replaced by CC&R's reviewed and approved by the Planning Commission and Town Attorney. The replacement CC&Rs shall contain a provision which requires approval of the Town prior to amendment, and shall stipulate that exterior surfaces of the residences and garages on Lots 1-4 shall be of subdued earth-tone colors which blend with the surroundings. The CC&R's shall also address on-going road maintenance. 3. This Resolution shall have no force and effect until such time as a 15 foot wide public pedestrian easement along the entire western edge of Lot 5 of the Cypress Hill Subdivision is granted to the Town by the owner of said Lot. This easement shall connect the Paradise Estates Subdivision open space to the Ring Mountain Nature Conservancy open space. Upon acceptance of such grant, the Town shall abandon the existing 15 foot wide, 170 foot long pedestrian easement running across the southwestern corner of Lot 5. 4. Prior to the issuance of any occupancy permit, the wood and wire fence within the above-described easement, and any fencing within the open space easement on Lot 5, shall be moved out of the easement. Any replacement fencing will require design review and building permits from the Town. 5. There shall be no tree removal without the benefit of Town permits prior to approval of house plans and landscaping plans by the Board. 4 6. Prior to issuance of design review approval for any homes on Lots 1-4, a tree inventory of Lots 1-4 shall be prepared and accepted by the Planning Division. Said inventory shall depict the location of all trees with a trunk circumference of more than 15 inches at a point 2 feet above the ground surface, and shall specify the species (common name) of the tree, its circumference in inches, and its approximate height ln feet. The tree inventory is to be used by the Board in its review of house plans and landscape plans for each lot. 7. The temporary trailer currently located on Lot 4 shall be removed prior to completion of the first house to be constructed on Lots 1-4. Section 4. Adoption. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on December 3, 1991, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Coxhead, Friedman, Logan, Thayer None Kuhn ATTEST: ~~ THERESE M. HENNESS TOWN. CLERK 5 s:i ~g ~B U) ~2t o 0 .r-!.....-t ' .~ & ~ ai S ~ 8'. -D;B ~~ (1)..0 U) (I) ~:S .r-! .....-tro ~.~ ~rtl ~~ 0' rtl . ., ~ .'- '0... U) .....-t .+J~ ~ 8 ~ . ..:.,~ B 8~') 06. ., . 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