HomeMy WebLinkAboutTC Res 2003-09-03
/ .....
RESOLUTION NO. 35-1003
,-.-' A RESOLUTION OF TIIE TOWN COUNCIL
i ~ OF TIIE TOWN OF TIBURON CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
i. REPORT (FEIR) FOR THE TIBURON GLEN PROJECT (PD#22)
ASSESSOR PARCEL NUMBER 39-241-01
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section 1. Findings.
WHEREAS, a Draft Environmental Impact Report (OEIR) evaluating the Tiburon
Glen residential development project was prepared and released for public review in
September,2oo2. Following the public comment and review period, the Town
determined that recircu1ation of the DEIR was required by law; and
WHEREAS, a Revised Draft Environmental Impact Report (RDEIR) evaluating
the proposed Tiburon Glen project was subsequently prepared and transmitted by the
Town of Tiburon to all concerned parties for review and comment; and
WHEREAS, notice of the availability of the RDEIR was given as required by laW;
and
r-"
WHEREAS, written comments on the RDEIR were accepted from May 30, 2003
through July 14,2003; and
WHEREAS, the Planning Commission held a public meeting and accepted
testimony on the RDEIR on July 14, 2003, after which it found that another recircu1ation
was not required and directed that responses to comments and a Final Environmental
Impact Report (FEIR) be prepared; and
WHEREAS, agency and public comments have been responded to in the FEIR for
the Tiburon Glen project; and
WHEREAS, the Planning Commission held a public meeting on the Tiburon Glen
FEIR on August 27,2003, and received testimony and letters in regard thereto, after
which it considered the FEIR and recommended certification of said document to the
Town Council; and
WHEREAS, the EIR was prepared in accordance with the provisions of the
California Environmental Quality Act (CEQA) and the Town ofTiburon Local
Environmental Review Guidelines; and
Tiburon Town Curmcil Resolution No. 35-2003
September 3, 2003
1
'~
r
I
\
I
(~
cr'--
WHEREAS, the Town Council held a duly noticed public hearing on the FEIR on
September 3, 2003, and heard and considered the FEIR and the testimony received; and
WHEREAS, the FEIR identified certain significant unavoidable adverse impacts
on the environment that would be caused by implementation of the project (as did the
RDEIR), but did not contain any significant new information, as defined in CEQA
Guidelines, that would warrant recirculation under CEQA.
NOW, TIIEREFORE, BE IT RESOLVED, that the Tiburon Glen Final
Environmental Impact Report:
1.
Consists of:
a. Tiburon Glen Revised Draft Environmental Impact Report dated May
2003; and
b. Tiburon Glen Final Environmental Impact Report and Response to
Comments dated August 2003, with the fourth paragraph on page 8.3-1
modified to read as follows:
"While this mitigation approach may be somewhat unique, it is
appropriate for mitigating impacts to a diseased woodland that shows signs
of continuing decline. This determination is based on consultation with
several well known SODS researchers including David Rizzo with UC
Davis, Janice Alexander with Marin County UC Davis Extension, Matteo
Garbelotto with UC Berkeley, and individuals with the non-profit
orgllni7J1tion Marin Releaf, as well as the project's arborist, James McNair.
While these experts were consulted on various issues relating to SODS,
the mitigation measure was developed solely by the EIR preparer."
2.
Is hereby certified by the Town Council to have been completed in compliance
with the California Environmental Quality Act and local CEQA guidelines.
3.
Has been presented to the Town Council of the Town of Tiburon, which has
reviewed and considered the information contained in the Final EIR.
4.
Reflects the independent judgement and analysis of the Town Council.
5.
Is hereby adopted as the Environmental Impact Report for the Tiburon Glen
project.
Tiburon Town Council Resolution No. 35-2003
September 3, 2003
2
F
I
,
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on September 3, 2003, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
A~TV)~/~
DIANE CRANE IACOPI, TOWN CLERK
i
(I""' WpdocslResoffiburon Glen certify FEIRres.doc
c7'""'-
Tiburon Town Council Resolution No. 35-2003
Berger, Fredericks, Gram, Slavitz, Thompson
None
None
~~
TO OF
September 3, 2003
3