HomeMy WebLinkAboutTC Res 2009-06-17 (7)RESOLUTION NO. 15-2009
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
AMENDING THE TIBURON GENERAL PLAN
WHEREAS, on September 7, 2005, the Town Council adopted Resolution No.
45-2005 adopting the Tiburon General Plan, Tiburon 2020; and
WHEREAS, the Town of Tiburon has determined that amendments to the General
Plan are needed to correct a number of inadvertent errors contained within Tiburon 2020
and to re-designate certain parcels in the unincorporated Tiburon Planning Area (File
GPA 2008-01) in conjunction with prezoning applications (File R 2008-01) filed by
property owners and expanded by Town initiation; and
WHEREAS, on May 27, 2009, the Tiburon Planning Commission adopted
Resolution No. 2009-04, recommending to the Town Council approval of amendments to
the Tiburon General Plan, Tiburon 2020, intended to correct these errors and re-designate
such parcels on General Plan Diagram 2.2-1, and also recommending approval of the
associated prezoning designations; and
WHEREAS, a display ad notice of the public hearing on the amendments was
published in the The Ark newspaper on June 3, 2009 and other noticing was provided as
required by law; and
WHEREAS, the Town Council did hold a duly noticed and advertised public
hearing on June 17, 2009, at which testimony was received from the public; and
WHEREAS, the Town Council has, by separate Resolution, adopted a Mitigated
Negative Declaration and a Mitigation Monitoring Program for the project, and made
findings pursuant to the California Environmental Quality Act (CEQA); and
WHEREAS, the Town Council finds that the proposed prezoning and general
plan text and diagram amendments are consistent with the goals, policies, and programs
of the Tiburon General Plan, Tiburon 2020, as set forth in Exhibit "D", attached hereto
and incorporated herein.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council does hereby
adopt the amendments to the Tiburon General Plan, Tiburon 2020, identified in Exhibits
"A", "B" and "C" attached hereto and incorporated therein.
Tiburon Town Council Resolution No. 15-2009 0611712009
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
ATTEST:
nl( 7tic
DIANE CRANE IA OPI, TOWN CLERK
Tiburon Town Council Resolution No. 15-2009 0611712009 2
EXHIBIT "A"
General Plan Land Use Diagram 2.2-1 Amendments
Current
Amended
Tiburon
Tiburon
General Plan
General Plan
Parcel Number
Address
Designation
Designation
059-191-10
2393 Mar East St
MH
H
059-191-11
2387 Mar East St
MH
H
059-191-12
2381 Mar East St
MH
H
059-191-15
55 Linda Vista Av
MH
H
059-195-21
2392 Mar East St
MH
H
059-195-22
2396 Mar East St
MH
H
059-195-23
2398 Mar East St
MH
H
059-201-17
2440 Spanish Trail Rd
M
MH
059-201-18
2450 Spanish Trail Rd
M
MH
059-201-61 2495 Paradise Dr M H
059-201-65 2490 Spanish Trail Rd M MH
059-201-79 2485 Paradise Dr M H
059-201-80 2420 Spanish Trail Rd M H, MH'
059-204-01 2400 Mar East St MH H
059-204-02 2420 Mar East St MH H
059-204-10 2486 Mar East St MH H
059-204-13 2472 Mar East St MH H
059-204-15 (none) MH P
059-204-20 2448 Mar East St MH H
059-204-21 2442 Mar East St MH H
059-204-22 2476 Mar East St MH H
059-251-03 2641 Paradise Dr L MH
H = High Density Residential (up to 11.6 du/acre) (Equivalent to R-2 zoning)
MH = Medium High Density Residential (up to 4.4 du/acre) Equivalent to R-1 zoning)
M = Medium Density Residential (up to 3.0 du/acre) (Equivalent to RO-2 zoning)
ML = Medium Low Density Residential (up to 1.1 du/acre) Equivalent to RO-1 zoning)
L = Low Density Residential (up to 0.5 du/acre) (Equivalent to RPD-0.5 zoning)
P = Public/Quasi-Public
*H for the Paradise Drive half of the lot and MH for the Spanish Trail Road half of the lot
Tiburon Town Council Resolution No. 15-2009 0611712009 3
EXHIBIT "B"
ADDITIONAL MISCELLANEOUS GENERAL PLAN AMENDMENTS
1) Correction of a typographical error in the legend of General Plan Land
Use Diagram 2.2-1. The proposed amendment would change the legend
from "VH Very High Density Residential (up to 11.6 du/acre)" to "VH
Very High Density Residential (up to 12.4 du/acre)." See attached Exhibit
"C" for a graphic representation.
2) Correction of the shading in General Plan Land Use Diagram 2.2-1 for a
portion of a parcel of tidal land owned by the federal government. The
parcel is currently shaded with a color that does not represent any
identified land use in the diagram color code. It would be corrected to be
shaded blue, representing the Marine land use district, to match the
remainder of the parcel. See attached Exhibit "C" for a graphic
representation.
3) Correction of a policy reference in Policy DT-15 of the Downtown
Element that incorrectly cites Policy DT-7 rather than DT-6. Downtown
Policy DT-15 would be amended to read as follows:
DT-15 The The Village Commercial land use designation
(Main Street/Ark Row) may be comprised of tourist-
oriented and resident-oriented uses, as well as residential
uses. The maximum allowable intensity for lands
designated Village Commercial is an FAR of 0.28, except
in accordance with Policy DT- DT-6 or where a Transfer
of Intensity is approved consistent with Policy DT-9.
Tiburon Town Council Resolution No. 15-2009 0611712009 4
EXHIBIT "C"
GRAPHIC DEPICTION OF SHADING ERROR CORRECTION
AND MAP LEGEND CORRECTION ON LAND USE DIAGRAM
2.2-1
Tiburon Town Council Resolution No. 15-2009 0611712009
EXHIBIT "D"
GENERAL PLAN CONSISTENCY FINDINGS
Annexation-related policies, a diagram, and text are set forth in the Land Use Element of
the Tiburon General Plan. Relevant policies are Policies LU-28 through 36, as well as
Diagram 2.5-1 and Program LU-f.
Diagram 2.5-1
Diagram 2.5-1 depicts two non-contiguous portions of the Tiburon Planning Area where
eventual annexation is contemplated by the General Plan. The subject prezoning area
forms a portion of the Paradise Drive Annexation Area depicted on Diagram 2.5-1.
Annexation of new territory to the Town of Tiburon has historically occurred as
individual parcels or in blocks of multiple parcels, some blocks being large and some
being small, depending on the circumstances surrounding each annexation proposal. The
General Plan does not envision either annexation area depicted on Diagram 2.5-1 as
being annexed all at once, but rather incrementally over time. This would continue the
historical pattern of annexations since the Town's incorporation in 1964. The Town
Council finds that the project as proposed is consistent with the intent and purpose of
Diagram 2.5-1.
Policies
L U-28: The Town shall, through prezoning and annexation processes,
add land to the Town when such action will materially enhance
the community or substantially further the goals and policies of
the General Plan.
The Town Council finds that the General Plan envisions the eventual
annexation of the entire Tiburon Planning Area to the Town, including
the subject prezoning area, which is described ,in the Tiburon General
Plan, at Policy L U-29, as 'functionally a part of Tiburon The
Council further finds that it is logical to begin annexation of
unincorporated territory at the southeast end_ of the Tiburon peninsula
where extension of Town Police and Public Works services is nearest
to existing police and public works facilities and where current County
of Marin service providers must travel farthest to provide such
services. The vast majority of properties in the prezoning area are
located within the Lyford Cove/Old Tiburon neighborhood,
approximately 80 percent of which is already located within the Town
limits. The inclusion of the remainder of this neighborhood within the
Town of Tiburon would materially enhance the community, help to
strengthen its sense of community, and substantially further the goals
and poligies of the General Plan. The extension of local police, public
works, and planning and building inspection services to the prezoning
Tiburon Town Council Resolution No. 15-2009 0611712009 6
area with further strengthen the community ties and promote
consistency in the provision of these services.
L U-29: The Town recognizes that the unincorporated Paradise Drive
area is an "island" completely surrounded by the Town of
Tiburon and that the area is functionally a part of Tiburon, and
therefore supports the annexation of the area into Tiburon at
such time as annexation is economically, procedurally, and
otherwise viable.
The Town Council finds that based on the Initial Study and Tiburon
General Plan EIR analysis and the strong economic health of the
Town, that annexation of the prezoning project area would be
economically feasible. The area comprises only approximately one
mile of the more than six mile stretch of Paradise Drive within the
Paradise Drive Annexation Area depicted on Land Use Element
Diagram 2.5-1, and among the most lightly used portions of the road.
Other publicly-maintained road segments in the prezoning area are
minor streets and are short in length. In addition to tax revenues and
subventions gained from annexation of the prezoning area properties,
the Town would also benefit from future development fees associated
with development of vacant, undeveloped and/or underdeveloped
properties in the prezoning area. The latter would include permit fees,
exactions, and physical improvements (including Paradise Drive
frontage improvements). In addition, the Town would receive ongoing
revenue from building permit generated street impact fees and storm
water runoff drainage fees that would apply to all properties within
the prezoning area, both developed and undeveloped. Procedural
aspects of any future annexation would be the responsibility of Marin
LAFCO, especially in the instance of a property owner-initiated
annexation proceeding.
L U-30: The Eagle Rock/ Bay Vista area could" provide benefits to
Tiburon, including the accommodation of new affordable
housing, additional commercial properties, and more direct
influence regarding Tiburon Blvd./Highway 101 interchange
issues. Therefore, the Town would consider annexation of this
area during the planning period.
The Town Council finds that this policy is inapplicable to the Paradise
Drive Annexation area.
L U 31: Factors to be considered in annexation requests include:
resident,/ property owner interest, cost/ revenue and other fiscal
implications, the nature and extent of necessary infrastructure,
Tiburon Town Council Resolution No. 15-2009 0611712009 7
streets, parking, utilities and other facilities, and the feasibility
of extending Town services to the annexation area without
adversely affecting levels of service provided to current Town
residents and property owners.
The Town Council finds that resident/property owner interest would be
an integral and indispensable part of _any future annexation
proceeding which might be conducted by Marin LAFCO, and notes
that stated opposition to the prezoning proceedings in the record has
constituted far less than a majority of residents and/or owners.
The Town Council finds that based on the Town's strong economic
health and on the Initial Study and Tiburon General Plan EIR analysis
that the extension of Town services to the prezoning area is feasible
and would not significantly adversely affect levels of service provided
to current Town residents and property owners. The prezoning area
contains only approximately one mile of the more than six mile stretch
of Paradise Drive within the Paradise Drive Annexation Area depicted
on Land Use Element Diagram 2.5-1, and is among the most lightly
used portion of that road.. Other publicly-maintained road segments
in the prezoning area are minor streets and are short in length. In
addition to tax revenues and subventions gained from annexation of
the prezoning area properties, the Town would also benefit from future
development fees associated with development of vacant, undeveloped
and/or underdeveloped properties in the prezoning area. The latter
would include permit fees, exactions, and physical improvements
(including Paradise Drive frontage improvements). In addition, the
Town would receive an ongoing revenue stream from building permit
generated street impact fees and storm water runoff drainage fees that
would apply to all properties within the prezoning area, both
developed and undeveloped. Additionally, the historic level of road
maintenance necessary for this one-mile rural road segment is not
particularly high, as it carries relatively light traffic flows, and the
County has generally maintained the road on a repair-as-needed
basis. The project could potentially add only 1.3 miles of publicly-
maintained streets to the existing 32 center-line miles of streets
currently maintained by the Town of Tiburon, for an increase of only
four percent.
The Town Council finds that the anticipated public works-related costs
of maintaining public facilities in the prezoning project area, including
streets and drainage, are well within the financial ability of the Town.
The Town Council further finds the extension of other Town services to
the prezoning area, including police, administration, and planning and
building,lservices would not place an undue burden on the Town nor
materially reduce service levels or safety for current Town residents.
Tiburon Town Council Resolution No. 15-2009 0611712009 8
The Town Council also finds that the community-building aspects of
potential annexation of the area outweigh an increase in overall costs
to extend Town services to the area.
L U-32: Timing of annexation of property shall be determined, or
recorded future annexation agreements shall be required early
in the development review/ entitlement process.
The Town Council finds that this policy is applicable to Town-initiated
annexation proceedings or when a property owner is seeking
development approvals from the Town for property in an
unincorporated portion of the Planning Area. The policy is not
applicable is this particular instance where property owners not
seeking development approvals from the Town are seeking prezoning
and are likely to pursue annexation proceedings in the near future.
L U-33: Annexation requests may be processed by the Marin Local
Agency Formation Commission (LAFCO) concurrently with
development applications by the Town.
The Town Council finds that this policy is not applicable in that the
Town is not currently processing applications for development in the
prezoning area. Therefore, concurrent processing of an annexation
application by LAFCO is neither needed nor contemplated.
L U-34: The Town shall pre-zone property consistent with this General
Plan when annexation is imminent or when the Town deems
prezoning timely and appropriate.
The Town Council finds that the prezoning application has been
initially requested by property owners interested in annexation to the
Town and that the prezoning is timely and appropriate.
L U-35: Where appropriate, the Town will make use of overlay zones or
other zoning techniques to ensure that prezoning and
annexation of existing established neighborhoods does not
result in excessive creation of non-conforming structures, nor
unreasonably disrupt the existing pattern of development of
such a neighborhood.
The Town Council finds that the General Plan Amendments proposed
as part of this project, affecting 22 developed parcels within the
established Lyford Cove/Old Tiburon neighborhood portion of the
prezonidg area, are intended to implement this policy by minimizing
unnecessary creation of non-conformities within the project area by
Tiburon Town Council Resolution No. 15-2009 0611712009 9
establishing Tiburon General Plan designations that most closely
match the current County residential zoning districts, thus allowing for
Tiburon prezoning designations that achieve the purpose of this policy.
LU-36: The Town supports the LAFCO's Dual Annexation Policy,
including implementation through future annexation
agreements when immediate annexation is not appropriate.
The Town Council finds that the prezoning application has been
initially requested by property owners interested in annexation to the
Town and that the prezoning is timely and appropriate. The Town
Council further finds that property owners in the project area are not
seeking development approvals from the Town of Tiburon and that
LAFCO's Dual Annexation Policy may not be applicable to any future
annexation proceeding initiated by property owners in the project
area.
Program
LU-f: The Town, in conjunction with LAFCO and the County of
Marin, shall conduct a study to establish the true cost and other
implications of annexing Paradise Drive and work to create
with the County of Marin and LAFCO a viable financing plan
which would make annexation of properties in the Paradise
Drive area feasible and fiscally acceptable to the Town.
The Town Council finds that the Town is currently working actively with
the County of Marin and Marin LAFCO on the formulation of a long-term
maintenance and financial agreement for the six mile stretch of Paradise
Drive from Agreste Way in Old Tiburon to the Corte Madera town limit.
The agreement would seek to create a feasible arrangement by which the
entire six-mile stretch of Paradise Drive could be annexed to Tiburon in
the future. It is contemplated that the agreement would also include the
approximately one-mile portion of Paradise Drive that is the subject of the
prezoning application.
f
Tiburon Town Council Resolution No. 15-2009 0611712009 10