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HomeMy WebLinkAboutTC Ord 1981-05-11 (2) ORDINANCE NO. .2..42 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE DEL MADERA MASTER PLAN BE IT ORDAINED by the Town Council of the Town of Tiburon as follows: Section I. Findings. A. The Master Plan has been submitted by Martha McCart-Lombard on behalf of Del Madera Properties, Inc., for the development of 35 units on 50 acres of land bordering Gilmartin Drive, Round Hill Road and Hacienda Drive. B. The Master Plan is described as follows: 1. Maps identified as: a. Geologic conditions. b. Story pole locations and visibility. c. Slope. d. Existing vegetation. e. Open space committee priorities. f. Land use diagram dated 24 July 1980. g. Del Madera Properties illustrative site plan dated 13 January 1981. h. Del Madera Properties illustrative site plan dated 13 January 1981 - stamped "Received City of Tiburon February 10, 198111. 2. 51 page booklet plus illustration entitled, Del Madera Properties - a Workbook for Future Development of 50 Acres in Tiburon dated Apri 1, 1980. 3. 9 page informational document received by the Town of Tiburon June 16, 1980. 4. Geotechnical investigation prepared by Donald Herzog - report dated July 25, 1980; report addendum dated December 10, 1980. 5. Grading plan used for topographic model at a scale of 1 inch equals 30 feet showing the finished contours for the Gilmartin Drive extension generally in the area southwest of the present termination of Round Hill Road. 6. Photographic montages indicating the visual impact of the proposed project from various locations on the Tiburon Peninsula (5 montages prepa red) . 7. Map entitled, Proposed Land Trade, dated 13 January 1981. 8. Letter received April 15, 1981 relating to a payment in lieu of providing moderate income housing. C. An Environmental Impact Report was prepared by Larry Seeman Associates for this project and it has been reviewed by the Planning Commission (Commission) and the Town Counci 1 (Counci 1 ). - 2- D. The Council has certified that the Environmental Impact Report is in compliance with the California Environmental Quality Act, State and local guide- lines and has reviewed and considered the information contained in the Environmental Impact Report prior to approving the Master Plan for the project. E. The Commission and the Council have held duly noticed public hearings for the purpose of reviewing the application, receiving comments and recommendations from the public. F. The Council has considered the recommendation of the Commission. G. The Council finds that the facts presented establish that the requirements of subsection (F) of Section 10-4 of the Tiburon Zoning Ordinance have been satisfied. The Council finds that the Master Plan, as amended and conditioned herein conforms to the Town's General Plan as well as with other applicable regulations. H. The Master Plan as herein recommended for approval contemplates an exchange of land between the Town and the developer as more particularly set forth on that certain map entitled, "Proposed Land Trade'l. The Council finds that such an exchange would be beneficial to the Town, for among other reasons, it would provide the Town with approximately 16.4 acres of prime open space land in exchange for 8 .6 acres of less desirable land. I. The Council has considered approving a greater number and a lesser number of units than that proposed in the Master Plan and upon reflection finds that the density outlined in the conditions of approval is appropriate. S e c t ion I I. . Ma s t e r P 1 a nAp pro val . The Master Plan described above is aprroved subject to the following terms and conditions and as modified herein. 1. Development shall be restricted to a maximum of 31 lots, as generally shown on Exhibit "A", the general location of one such unit having not been established at this time on Exhibit "A" shall be established at the time of the Precise Plan by the Planning Commission and Town Council. Two additional lots may again be included, with specific locations, at the Precise Plan stage; one lots in Cluster E and the one uphill lot at the terminus of Cluster B could be allowed if it can be demonstrated to the satisfaction of the Commission and Council that the additional dwelling unit (units) in their revised location ensures the maximum preservation of open space, minimized the visual impact, provides adequate access along open space corridors, maintains the wildlife habitat in the open ridges and reduces the adverse environmental impacts of the development. 2. Applicant submit a Precise Plan in conformance with applicable provisions of the Zoning Ordinance. 3. Applicant comply with all applicable subdivision regulations. 4. Applicant comply with mitigation measures as contained in the Environmental Impact Report prepared by Larry Seeman Associates (LSA No. 80-046) as certified by the Commission and Council. The mitigation measures described on pages 4 through 9 shall be considered. Specific mitigation measures to be complied with using the numbers included in the E.I.R. as are follows: Numbers 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 16, 17, 18, 19, 20, 22, 24 and 25. -3- Mitigation measure suggested under Number 2 in the E.I.R. may be implemented specifically for developed areas if it is felt necessary at the Precise Plan stage. 5. All utilities to be undergrounded and service be guaranteed by the agencies providing the utilities in writing prior to the recordation of the Final Map. 6. Applicant satisfy the requirements of the Tiburon Fire Protection District as may be required by the District. 7. Applicant submit all proposed deed and title restrictions including scenic easements and offers of dedication to the Department of Community Development for review and approval by the Town Attorney prior to the filing of the Final Map. 8. No building permits be issued for the construction of any structures until they have received site plan and architectural review by the B.A.R. 9. 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. 10. Applicant request, according to the procedure established for Zoning Ordinance modifications, a modification to the Circulation Element of the Town's General Plan to ensure the Master Plan is consistent with the Town's Circulation Element. The Circulation Element amend- ment must be reviewed and approved by the Commission and Council prior to the filing of a Final Map and the commencement of any construction on the property. 11. Applicant comply with the in-lieu payments for moderate income housing as set forth in the Master Plan (letter received April 15, 1981 ) . 12. Applicant offer for dedication in perpetuity to the Town of Tiburon all roadways within the property. The Town may accept or reject the dedications at any time in the future. 13. The applicant and Town shall successfully consummate the exchange of property as contemplated herein. 14. During the preparation of the Precise Plan, applicant shall direct specific attention toward developing detailed information in the following areas: (a) Improvement of and connection of paths and trails with the project and on adjacent properties. (b) Landscaping details to ensure the preservation of views, the minimum visual impact of the development and the maintenance of existing wildlife habitat. -4- (c) Engineer details to ensure that the finished grades, elevations and width of right-of-way of Gilmartin Drive shall be compatible with the concept of free pedestrian access and visual openness between Town-owned properties. (d) The development of design guidelines (similar to the Draft Design Manual prepared for the project) to ensure that the construction of single family dwellings is consistent with the representations made by the applicant during the public hearings and with the goals and policies of the Town of Tiburon. (e) The road right-of-way through Cluster E and through the southerly corner of Cluster E shall be the maximum width possible to preserve visual openness, provide for trails and allow maximum flexibility for continuation of Gilmartin Drive to other undeveloped parcels. (f) Applicant shall prepare drawings in response to the letter from the Chairman of the Tiburon Parks and Recreation Commission dated April 22, 1981, relating to trails and path improvements. PASSED AND ADOPTED at an adjourned meeting of the Town Council of the Town of Tiburon on May 11, 1981, by the following vote: AYES: cOUNCILMEMBERS: Bergsund, Rockey, Bass, Hanson NOES: cOUNCILMEMBERS: None ABSENT: cOUNCILMEMBERS: Edelstein u~ KIRK HANSON, MAYOR Town of Tiburon ATTEST: 1If!~l/- R. L. KLEINERT, Town Manager/Clerk Drafted: Revised: Revised: 3/18/81 5/7/81 5/12/81