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HomeMy WebLinkAboutTC Ord 1981-01-07 ORDINANCE NO. 238 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE MASTER PLAN FOR THE DEVELOPMENT OF 87 ACRES OFF VIA LOS ALTOS ROAD BE IT ORDAINED by the Town Council of the Town of Tiburon as follows: Section 1. Findings. A. Nana Enterprises (Nana) has submitted a Master Plan to develop 39 single family homes on approximately 87 acres of land located in an unincorporated area adjacent to the Town. B. The Master Plan consists of (a) a booklet entitled, I'Master Plan, La Cresta" and appendices, as amended by Map dated September 16, 1980, and, (b) letter to the Town from Tom W. Newton dated December 30, 1980. c. Nana has previously filed an application requesting that the property be prezoned in anticipation of its being annexed to the Town. D. An Environmental Impact Report (EIR) was duly prepared for this project and it has been considered by the Planning Commission and certified by the Town Council. E. The County of Marin (County) and the Local Agency Formation Commission (LAFco) have reviewed the project and submitted their comments. F. The Planning Commission has held the prescribed public hearing on the Master Plan and recommended approval to the Council subject to certain conditions being imposed. G. The Council has held a public hearing on the Master Plan and has considered the recommendations and data contained in the EIR, the comments submitted by the County, LAFco, the public and the Planning Commission. H. The EIR points out a correlation between density and certain adverse environmental impacts. A reduction from the proposed density of 39 units would serve to reduce urban pollution, disturbance of natural vegetation and wildlife and assist in preserving significant ridgelines. Reduction in the density proposed would also serve to mitigate adverse traffic impacts the project would otherwise produce. In order to mitigate the adverse environmental impacts, the Council finds that the number of units allowed ought to be reduced from 39 to 25. I. The Council has reviewed the Strawberry Community Plan which recommends a density level for this area of 22 units. Review of the EIR and the soils and geological studies done in conjunction with the preparation of the Master Plan convinces the Council that the area under consideration can reasonably support a density of 25 units, and that such is in substantial compliance with the objectives and purposes of the Strawberry Community Plan. ,~""fn'); . J. The H ous i ng El ement of the Town requires tha t deve 1 opers" be encouraged;"'" to provide some below market rate housing in their developments. The Master Plan submitted by Nana (letter dated December 30, ,1980) offers certain in-lieu payments for the purposes of assisting the Town in providing below market rate housing, ~nd the Council accordingly believes it proper to grant a density bonus of 15% (4 units) of the otherwise permissible number of units for a maximum density of 29 single family homes for this project. -2- Section 2. ~oval. The Master Plan described above is approved subject to the conditions set forth herein. 1. The applicant shall proceed to the County and LAFCo as may be required to seek the annexation of the property to the Town of Tiburon. 2. In the event annexation is approved, the applicant shall return to the Town of Tiburon with all information necessary for the processing of a Precise Development Plan and Tentative Subdivision Map. As part of the Precise Develop- ment Plan submittal, the following information must be submitted for review by the Town: a. Precise information for the improvement of the Blackfield Drive/ Tiburon Boulevard intersection, as noted in the applicant's Master Plan. The improvements shall include but not be limited to a modifica- tion of the existing entrances or the addition of a second entrance to the Cove Shopping Center. If the improvements require approval of the owners of the shopping center, such approval shall be secured prior to the approval of the Precise Plan. All improvements must be reviewed and approved by the County or other appropriate agencies, if necessary. b. Precise details to ensure that erosion and sediment control will be adequate. Details shall include methods of revegetating all disturbed areas and appropriate retainment for sediments, including siltation ponds and/or temporary and permanent catch basins. All information regarding sediment and erosion control shall be reviewed and approved by the Town Engineer. c. Details of the open space preservation for all areas upon which no construction will occur. The open space preservation measures will be in addition to the offer of dedication to the Town of Tiburon of the open space area. The intent of the preservation methods is to ensure that the open space areas will remain undisturbed unless or until the Town of Tiburon accepts the dedication. All rresRrvation methods should be coordinated with the Environmental Resource Manage- ment Plan for the Ring Mountain area. All documents regarding open space preservation shall be reviewed and approved by the Town Attorney. d. Details indicating the use of passive and/or active solar systems to ensure reduced energy consumption. 3. Applicant shall provide pedestrian trails on the site that are well delineated and will disco~rage unnecessary disturbance of vegetation and wild- life habitat. The pedestrian trails shall be consistent with the open space preservation details and shall be coordinated with any open space and pedestrian access on the Ring Mountain property. 4. Applicant shall provide for any areas upon which construction will occur a thorough archaeological site investigation. In the event archaelogical materials are discovered or could be in evidence, the applicant shall obtain a qual"ified archaeologist to provide recommendations for their preservation. 5. All utilities shall be placed underground. -3- 6. Construction, including the starting of equipment, shall be limited to between the hours of 7:30 a.m. and 4:30 p.m., Monday through Friday, provided that Saturday work may proceed upon special circumstances if approved by the Town Manager. 7. Applicant shall offer for dedication, the areas identified on the Master Plan as 'Iopen space'l. The offer of dedication shall be in perpetuity and may allow the Town to accept the offer of dedication and transfer the property to an appropriate agency. 8. Applicant shall offer two easements as extensions of the existing roadways, as shown on the Master Plan, to provide future access through the property. The future roadway easements shall be of an alignment and width satisfactory to the Town Engineer. 9. Applicant shall comply with all requirements of the Marin Municipal Water District necessary to ensure adequate water pressure. 10. Applicant shall satisfy the requirements of the Tiburon Fire Protection District. 11. Applicant shall comply with the prOV1Slons of any Ordinance of the Town requiring contribution to a Tiburon Boulevard Traffic Improvement Fund. l2. 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. 13. The applicant shall comply with in-lieu payment requirements as set forth in the Master Plan (letter of December 30, 1980). 14. The Town may reduce the density of the project during consideration odf the tPrechi se.1Pl an -'-tthe guidel inedfgr determining whether to reduce enSl y S al fUL Her e adopte y ~ne Town C unclI by Reso~utlon. 15. During the consideration of the Precise Development Plan, the Planning Commission and the Town Council may adjust or modify the location of the lot lines, and the dwelling units and other improvements in order to conform to the goals and policies of the Town of Tiburon. 16. The area identified as "Future" in the Master Plan shall not be considered for development until such time as annexation of the surrounding area to the Town of Tiburon has occurred. 17. The Master Plan is approved for a maximum of 29 units with all units securing access off an extension of Via Los Altos Road. l8. The Town, as a result of reviewing the information available in the Precise Development Plan, may attach additional conditions to the development to ensure consistency with the goals and policies of the Town of Tiburon as well as to ensure conformity to the approved Master Plan. 19. All streets and roadways shall be offered for dedication. 20. In the event the development of the property is to occur in phases, each phase shall contain no more than 7 units and no less than 3 units. At the time of the approval of each phase, specific building design shall be submitted for review and approval by the Board of Adjustment and Review, the Planning Commission, and the Town Council. -4- Section 3. ~arability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the 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 it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 3. Effective Date. This Ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen (15) days after its passage, the same shall be published, with names of the members voting for or 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 lne Town Council of the Town of Ti buron he 1 d on January 7 , 1951 by the fo 11 owi ng vote: AYES: NOES: ABSENT: COUNCILMEN: Edelstein, Hanson, Rockey, Bass COUNc I LMEN: None cOUNc I LMEN: None ABSTAIN: ATTEST: ERT L. LEINERT, Town Town of Tiburon Dates revised 11/26/80 and 12/3l/80