HomeMy WebLinkAboutTC Res 2009-06-17 (5)RESOLUTION NO. 13-2009
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ADOPTING FINDINGS RELATING TO THE ADOPTION
OF THE PARADISE DRIVE PREZONING AND GENERAL PLAN
AMENDMENT PROJECT (FILES GPA2008-01 AND R2008-01) PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
SECTION 1- INTRODUCTION
WHEREAS, on June 17, 2009, the Town Council of the Town of Tiburon adopted
Resolution No. 14-2009 adopting the Initial Study and Mitigated Negative Declaration
for the Paradise Drive Prezoning and Tiburon General Plan Amendment Project; and
WHEREAS, the project's Initial Study and proposed Mitigated Negative
Declaration were submitted to the State Clearinghouse in the Governor's Office of
Planning and Research and circulated for a 30-day public review period beginning on
April 20, 2009 and concluding on May 20, 2009; and
WHEREAS, on May 27, 2009, the Planning Commission held a hearing on the
Paradise Drive Prezoning and Tiburon General Plan Amendment Project; and
WHEREAS, the Initial Study for the proposed project supplements and
incorporates by reference the Tiburon General Plan 2020 EIR, which was certified by the
Town Council on September 7, 2005; and
WHEREAS, a Mitigation Monitoring Plan has been prepared for the proposed
project and incorporates both project-specific mitigation measures and relevant Tiburon
General Plan 2020 EIR mitigation measures; and
WHEREAS, the Mitigated Negative Declaration for the project recommends
specific mitigation measures to reduce certain impacts to a less-than-significant level and
the Town Council has adopted the Mitigated Negative Declaration as being adequate
according to CEQA and has reviewed and considered the information in the Initial Study
and the entire record;
THEREFORE, the Town Council makes specific findings, as follows:
SECTION 2 - LOCA TION AND CUSTODIAN OF DOCUMENTS
The Recording of Proceeding ("Record") upon which the Town Council bases these
findings and its actions and determinations regarding the proposed project includes, but is
not limited to:
TIBURON TOWN COUNCIL RESOLUTION NO. 13-2009 611712009
I The Initial Study, the Mitigated Negative Declaration and Mitigation Monitoring
Program, the Clarifications and Corrections to the Initial Study, plus the appendices and
technical reports cited in and/or relied on in preparing the Initial Study
2. The Tiburon General Plan 2020 and the Tiburon General Plan 2020 EIR.
3. All staff reports, Town files and records, and other documents, prepared for
and/or submitted to the Planning Commission, Town Council, and/or Town staff relating
to the Initial Study, proposed Mitigated Negative Declaration, and/or the proposed
proj ect.
The location and custodian of the Record is the Town of Tiburon Community
Development Director, 1505 Tiburon Boulevard, Tiburon, California, 94920.
SECTION 3 - NE W POTENTIALL Y SIGNIFICANT IMPA CTS WHICH WILL BE
MITIGATED TO A LESS-THAN-SIGNIFICANT LEVEL
The Initial Study finds that two potentially significant environmental impacts may result
from approval of the proposed project that were not covered by the Tiburon 2020 General
Plan EIR. The Initial Study further finds that these potentially significant impacts can be
mitigated to a less-than-significant level through incorporation of project-specific
mitigation measures. The Town Council hereby finds that the mitigation measures
identified in this section have been imposed on the proposed project, and the Town
Council further finds that the potentially significant impacts described in this section will
be reduced to a less-than-significant level by adoption and application of these mitigation
measures.
Air Quality
Would the project generate Greenhouse Gases (GHGs) and contribute to cumulative
impacts of global climate change? (Initial Study, p. 31)
Mitigation Measure AQ-1 provides: New development in,the prezoning area as a whole
shall achieve an energy efficiency standard equivalent to the California Energy
Commission's Tier II standard, which consists of a 35 percent reduction in the residential
building's combined space heating, cooling, and water heating energy and 40 percent in
the residential building's space cooling (air conditioning) energy compared to the current
Title 24 Standards. This shall be achieved by measures such as requiring the use of
energy- and water-saving appliances, use of reflective (or high albedo) and emissive
roofs and light colored construction materials to increase the reflectivity of roads,
driveways, and other paved surfaces; planting or retention of shade trees near buildings to
directly shield them from the sun's rays and reduce local air temperature and cooling
energy demand; and substituting gas fireplaces, BBQs, or firepits for wood burning
fireplaces or devices. (Initial Study, p. 34)
77BURON TOWN COUNCIL RESOLUTION NO. 13-2009 611712009
Findings
For the reasons set forth in the Initial Study, the Town Council hereby finds that
cumulative impacts to global climate change relating to the project will be mitigated to a
less-than-significant level by the imposition of Mitigation Measure AQ-1.
Transportation/Traffic
Would the project result in inadequate emergency access? (Initial Study, p. 78)
Mitigation Measure TRANS-1 provides: New development in the prezoning area shall be
subject to review by the Tiburon Fire Protection District and the Tiburon Police
Department. Any recommendations by these agencies regarding emergency access shall
be incorporated into final project design. Residential development shall not be permitted
in areas where adequate access, as evaluated by these agencies, cannot be provided.
(Initial Study, p. 82)
Findings
For the reasons set forth in Initial Study, the Town Council hereby finds that impacts to
emergency access will be mitigated to a less-than-significant level by the imposition of
Mitigation Measure TRANS-1.
SECTION 4 -BASIS FOR DETERMINATIONS UNDER CEQA GUIDELINE
SECTION 15168(c)
Based on the analysis contained in the Initial Study, it is determined that, with the
adoption and imposition of the mitigation measures described in part 3, above, the
proposed project will not result in potentially significant effects on the environment not
previously covered in the Tiburon General Plan 2020 EIR. Except for the two new
impacts described in part 3, above, the analysis in the Initial Study finds that the project's
impacts are adequately covered by the General Plan EIR and, consistent with the standard
in CEQA Guideline section 15168(c)(2), no further CEQA, review of these impacts is
required. In accordance with the provisions of CEQA Guideline section 15168(c)(1), the
Initial Study examined the two new impacts, and proposed mitigation measures that will
reduce the identified impacts to a less than significant level, supporting adoption of the
Mitigated Negative Declaration as provided by that provision of the CEQA Guidelines.
SECTION 5 - ADOPTION OF FINDINGS
The Town Council hereby adopts the Findings Sections 1 through 4 of this Resolution.
MORON TOWN COUNCIL RESOLUTION NO. 13-2009 611712009 3
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on June 17, 2009, by the following vote:
AYES: COUNCILMEMBERS: Berger, Collins, Fredericks, Slavitz
ABSENT: COUNCILMEMBERS: Gram
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTES
DIANE CRANE IAC PI, TOWN CLERK
TIBURON TOWN COUNCIL RESOLUTION NO. 13-2009 611712009 4