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HomeMy WebLinkAboutTC Res 1991-06-05 (9) RESOLUTION NO. 2791 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A TENTATIVE MAP AND LANDSCAPE PLAN FOR THE VISTA TIBURON SUBDIVISION lAP NOS. 038-351-31, 33, & 35; 038-361-01) WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section I.Findines. A. An application for a Tentative Map to subdivide 15.66 acres located near Via Los Altos and Blackfield Drive into 22 single family lots has been received from the Taldan Investment Company. B. The application consists of the following: 1. Application materials received 3/1/91. 2. Tentative Map revised 5/1/91, prepared by Irving Schwartz. 3. Landscape Plan revised 5/2/91, prepared by Thompson-Merrill Architects. C. An Environmental Impact Report was certified for this project in January, 1991, and all requirements of the California Environmental Quality Act have been met. D. The proposal is consistent with the Tiburon General Plan, Zoning Ordinance, and Vista Tiburon Precise Development Plan. E. The project meets the requirements of Chapter 14 of the Town Code regulating subdivisions. F. The Planning Commission held a duly-noticed public hearing on May 22, 1991, and considered all testimony in rendering its recommendation for approval to the Town Council as stated in Resolution 91-15. G. The Town Council has held a duly-noticed and advertised public hearing on June 5, 1991, and has considered all testimony in reaching its decision. 1 Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council approves the Vista Tiburon Tentative Map and Final Landscape Plan subject to the following conditions: 1. All applicable conditions of the Vista Tiburon Settlement Agreement and Vista Tiburon Development Agreement are incorporated herein. 2. All applicable mitigation measures specified in the Final Environmental Impact Report certified by the Town Council are incorporated herein. These measures are compiled in the Vista Tiburon Mitigation Monitoring Plan booklet dated February, 1991. 3. a. The Declaration of Covenants, Conditions and Restrictions for the Vista Tiburon subdivision, together with all deed and title restrictions, shall be reviewed by the Planning Commission and other interested persons prior to final approval by the Town Attorney. Said final approval shall occur prior to recording of the Final Map. b. A detailed maintenance plan for the eucalyptus grove (shown as Parcels D (Lower Grove) and E (Upper Grove) on the Tentative Map) shall be incorporated into the CC&Rs. All maintenance and initial work on the eucalyptus grove shaH be overseen by a certified arborist or registered forester. The windbreak ability of the grove shall be maintained. The trees in the Upper Grove (Parcel E) shall remain intact except for removal of trees and limbs which are determined by a certified arborist or registered forester to be dangerous. The Upper Grove shall be subject to the same general clean-up and removal of undesirable plants as is the Lower Grove during the initial clean-up phase. c. In addition, information concerning the approved building envelopes and restrictions thereon shall be incorporated into the CC&Rs. 4. The existing eucalyptus grove, shown as Parcels D and E on the Tentative Map, shall be owned in common by the Homeowners Association. The boundaries of the grove shall be staked prior to commencement of work to prevent damage to the grove. As part of the site improvements, the grove boundary shall be clearly demarcated with low bollards in order to protect against undesirable encroachment into the grove. 2 Vista TIburon Subdivision/Taldan Property (pD#12) 5. a. The maintenance of all common drainage systems, as generally shown on the Tentative Map, shall be the responsibility of the Homeowners' Association. b. The CC&Rs established by Applicant or any successor in interest shall provide for such continuing responsibility in a manner satisfactory to the Town Engineer and the Town Attorney. 6. Prior to approval of a Final Subdivision Map, Applicant shall submit a three-dimensional scale model of the entire project site showing approved streets and other such improvements and showing as-built contours and significant natural and physical features of the site. This model shall be retained by Town for use in future discretionary reviews and approvals, and may be presented in electronic medium if such is approved by the Town, otherwise it shall be presented in physical form. As individual residential projects are proposed, the Applicant shall supply a scale model of the proposed project which shall be built to the same scale of, and shall be compatible with, the subdivision project model and which shall be retained by Town and made a part of the subdivision model if approved. 7. Hours of construction on the project shall be limited to those set forth in Section 13-1.2 of the Tiburon Municipal Code, as amended. 8. No construction equipment or material or excavation material shall be stored or stockpiled on Town open space land. Such equipment and materials shall be stored only within areas to be developed to prevent potentially significant damage to native vegetation ofT-site. Construction activity in open space areas of the Vista Tiburon Subdivision shall be limited to necessary slope, landslide, and drainage improvements as approved by the Town Engineer. There shall be minimal intrusion upon open space areas during construction. 9. Applicant's obligation for fees and Inclusionary Housing shall be limited to those set forth in the Vista Tiburon Development Agreement. 10. In order to mitigate the loss of on-site wetlands, Applicant shall create new wetlands on-site in Parcel A. This new wetlands shall be created as set forth in the Mitigation Plan, dated December 1990, prepared by Zentner and Zentner and found in Appendix B of the Final EIR. Final grading plans for the wetlands shall be approved by the Town Engineer and the Department of Fish and Game (DFG). In addition, Applicant shall obtain a streambed alteration agreement from DFG prior to commencing work. 3 Vista TIburon Subdivision/Taldan Property (pD#12) 11. The sight distance from Via Los Altos at Blackfield Drive shall be improved by removing or cutting back the existing shrubs southwest of the intersection. Applicant shall perform such work if the property is publicly- owned, and shall attempt to secure permission from the property owner and perform the work if the property is privately-owned. 12. a. In order to protect the existing oak trees on-site to the maximum extent possible, Applicant shall not alter the drip line of any oaks or place or remove soil within the drip line. Applicant shall fence the dripline of each oak tree prior to commencement of work and shall utilize retaining walls where grading is necessary to permanently protect the dripline. b. Any existing oaks which must be removed along the eastern edge of the property for roadway alignment shall be replaced with Quercus aKI"ifolia on a 3-1 basis. New oak trees planted as part of the approved Landscape Plan shall not be counted as replacement for any existinl: oak trees removed prior to or during commencement of work. The replacement oak trees shall be planted near the area where the existing oaks were removed and shall be a minimum size of 15 gallon each. 13. The heritage oak tree existing on lot 20 shall be preserved by deed restriction or other legally enforceable mechanism approved by the Town Attorney. 14. Applicant shall comply with all applicable subdivision regulations relating to application for a final subdivision map, including entering into a Subdivision Improvement Agreement. 15. Applicant shall submit as part of the Subdivision Improvement Plans, details for the treatment of all retaining walls and drainage ditches~ including proposed materials of construction, landscaping and any other methods of softening the appearance of the retaining walls and drainage ditches as well as such other items as the Town may later require during the design review process. All exposed concrete drainage ditches shall be Mesa Brown in color. Said improvement plans shall be reviewed and approved by the Planning Department and Town Engineer, with referral to the Design Review Board in the discretion of the Planning Director for review of design, colors, materials, and signs. 4 Vista TIburon Subdivision/Taldan Property (pD#12) 16. A final drainage plan shall be submitted as part of the Final Subdivision Map application and shall be approved by the Town Engineer. 17. Grading shall be permitted during the grading season allowed by ordinance or during any other periods approved by the Town Engineer. Prior to authorization for any grading, a winterization plan shall be submitted to and approved by the Town Engineer. 18. All utilities serving the development shall be installed underground. 19. All engineering requirements and standards, including but not limited to, drainage, dust control, erosion control and winterization, soils stabilization, construction criteria, and grading shall be subject to review and approval by the Town Engineer. 20. All requirements of the Alto Richardson Fire District shall be met prior to approval of the Final Map. Applicant shall provide a letter from the Fire District to that efTect. 21. All requirements of the Marin Municipal Water District shall be satisfied prior to approval of the Final Map. A letter from the District confirming this shall be required. 22. All requirements of the Richardson Bay Sanitary District shall be satisfied. A letter from the District confirming this shall be required. 23. A letter from PG&E confirming the relocation of the 12" gas main shall be received prior to approval of the Final Map. 24. Impact and catchment walls on Lots 17, 18, and 19 shall be designed in conjunction with house designs and constructed as part of the residential improvements. The requirement of providing these walls shall be stated on the Final Map, and shall further be recorded on the title to the property if deemed necessary by the Town Attorney. 25. In lieu of the arch culvert proposed under Parcel "B", a reinforced concrete box culvert shall be used. 26. The approved street names for the project are Vista Tiburon Drive for the street extending from Via Los Altos, and Reedland Woods Way for the street extending from Blackfield Drive. 5 Vista TIburon Subdivision/Taldan Property (pD#12) 27. Property owner approval for, and construction of, the one-way entrance to the Synagogue from Via Los Altos and other improvements on the Synagogue property shall be secured prior to approval of the Final Map or commencement of work, whichever occurs first. 28. The Final Map shall contain a note referencing zoning restrictions applicable to the lots as specified in the Town's adopted Vista Tiburon Precise Development Plan. 29. Landscaping to screen Lot 10 from headlights shall be provided between Lot 10 and the driveway proposed at the rear of Kol Shofar for connection to the lower private street in the Vista Tiburon Subdivision. 30. Installation of the approved project landscaping shall only occur after the irrigation system is in place on-site. The applicant shall replace all project landscaping that dies within three years of being planted or shall post a landscape bond sufficient to pay for replacement. 31. All street lights in the Vista Tiburon Subdivision shall be frosted and shall be directed downward as much as possible to keep horizontal light to the minimum necessary to ensure traffic and pedestrian safety, as determined by the Town Engineer. 32. Prior to approval of the Final Map, applicant shall submit for review and approval of the Town Council a design theme to be carried out throughout the subdivision in the individual homes to be constructed. All residential units to be constructed on the site shall be consistent with the design theme. Furthermore, the CC&R's established for this project shall require that all construction in the subdivision be subject to the design theme. 33. This Tentative Map approval shall be valid for three years and shall expire and become null and void unless a Final Map is approved and recorded or unless a time extension is granted. A development moratorium will extend the life of the Tentative Map as directed by state law. 6 Vista TIburon Subdivision/Taldan Property (pD#12) PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on .Tune 5. 1991, by the following vote: AYES: COUNCILMEMBERS: Friedman, Coxhead, Kuhn, Thayer NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Logan /1' ATTEST: 7