HomeMy WebLinkAboutTC Ord 1981-10-21 (2)
ORDINANCE NO. 252 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON APPROVING THE MASTER PLAN FOR THE
TRES ARBOLES SUBDIVISION
BE IT ORDAINED by the Town Council of the Town of Tiburon as follows:
Section 1. Findings.
A. The Town Council has received and considered the Master Plan submitted
by Leonard Cahn to subdivide a 4.66 acre parcel into 3 residential parcels at
the end of Hacienda Drive.
B. The Town Council has found that the use is in conformance with the
intent of the General Plan of the Town of Tiburon.
C. The Town Council has made affirmative findings consistent with the
standards of the RPD-l (Residential Planned Development and Open Space Zone).
D. The Town Council has found that by incorporating by reference the Final
Environmental Impact Report, including mitigation measures for the Del Madera/
Agins projects, that this subdivision will not have an additional significant
environmental impact.
NOW, THEREFORE, the Town Council of the Town of Tiburon does approve this
Master Plan subject to the following conditions:
1. Applicant submit a Precise Plan in conformance with applicable provisions
of the Zoning Ordinance. The Precise Plan should give specific attention
to the size of the building envelopes, the exact location of the turn-
around, the alignment of the driveways, the location of the lot lines
and the maximum square footage of the dwellings, all of which will be
determined by the Planning Commission and Town Council at the Precise
Plan stage.
2. Applicant comply with all applicable subdivision regulations.
3. All utilities to be underground and service be guaranteed by the
agencies providing the utilities in writing prior to recordation
of the Final Map.
4. Applicant satisfy the requirements of the Tiburon Fire Protection
District except as may be modified by the Planning Commission and
Town Council during the Precise Plan stage.
5. Applicant submit all proposed deed and title restrictions to the
Department of Community Development for review and approval by the
Town Attorney prior to filing of the Final Map.
6. No building or grading permits be issued for the construction of any
structures until the structures have received site plan and
architectural review by the Board of Adjustments and Review.
7. All requirements and standards including, but not limited to, drainage,
grading, soils and traffic shall be subject to review and approval by
the Town Engineer and shall be consistant with the Town Engineer's
letter of August 6, 1981.
-2-
8. All construction includ~ng fences shall be contained within
the area i-dentified as "Building envelope" (the size and configuration
to be determined at the Precise Plan stage) on the Tentative Map, and
a note to that effect shall be placed on the Final Map.
9. Access to the development shall be via Gilmartin Drive and shall
be guaranteed prior to recordation of the Final Map.
10. C.C.&R.1s, to be submitted to the Town Attorney, shall provide for
reasonable preservation of views, serpentine grasslands, existing
wildlife and endangered flora and the requirement that no fences
will be allowed along the proeprty lines. Provision shall be
made for maintenance of landscaping and common area, if any.
11. Applicants shall comply with mitigation measures contained in the
Del Madera-Agins Final E.I.R., pages 3 through 9, nos. 2, 9, 10,
11,13,16,17,18,20,22,24 and 29.
Section 2. Separability.
If any section, sentence, subsection, clause or phrase of this Ordinance
if for any reason held to be invalid or unconstitutional by a decision of a
court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of the Ordinance. The Town Council of the Town of
Tiburon hereby declares that is would have passed this Ordinance, any section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that
anyone or more other sections, subsections, clauses, or phrases may be
declares invalid or unconstitutional.
Section 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after
the date of passage and before the expiration of fifteen (15) days after its
passage, the same shall by published with the names of the members voting for
and against the same at least once in a newspaper of general circulation,
published in the Town of Tiburon.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon on October 21,1981, by the following vote:
AYES: COUNCILMEMBERS: Edelstein, Bergsund, Bass, Hanson
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Rockey
KIRK HA~A~
Town of Tiburon
ATTEST:fY~:
R. L. KLEINERT, TOWN MANAGER/CLERK
Date drafted:
Date revised:
Date revised:
10/2/81
10/16/81
10/21/81