HomeMy WebLinkAboutTC Agd Pkt 2010-09-01TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
AGENDA
Regular Meeting
Tiburon Town Council
September 1, 2010
Regular Meeting - 7:30 p.m.
Interview - 7:15 p.m.
TIBURON TOWN COUNCIL
INTERVIEWS FOR BOARD AND COMMISSION VACANCIES - (7:15 p.m.)
(Heritage &z Arts Commission - One Vacancy)
• Azita de Mujica, 53 Eastview Avenue
CALL TO ORDER AND ROLL CALL
Councilmember Fraser, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor
Slavitz, Mayor Collins
CLOSED SESSION ANNOUNCEMENT, IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this
time. Please note however, that the Town Council is not able to undertake extended
discussion or action on items not on the agenda. Matters requiring action will be referred to
the appropriate Commission, Board, Committee or staff for consideration or placed on a future
Town Council meeting agenda. Please limit your comments to three (3) minutes.
PRESENTATION
• Recognition of Outgoing Heritage &r Arts Commissioners Berg, Bremer, and Schmidt
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless
a request is made by a member of the Town Council, public or staff to remove an item for
separate discussion and consideration. If you wish to speak on a Consent Calendar item,
please seek recognition by the Mayor and do so at this time.
1. Town Investment Summary - Accept report for July , 2010 (Director of Administrative
Services Bigall)
2. Parente Vista Precise Plan Development - Adopt resolutions approving application to
create two (2) single-family residential lots on a 10.2 acre site off Parente Drive and
Antonette Drive and making CEQA findings (Planning Manager Watrous)
Applicant: Lionel Achuck
AP No. 038-111-16
Harbor Lights Building - Adopt resolution commending Laleh Zelinkky and Zelinksy
Properties for the success of the Harbor Light Building reconstruction project (Director of
Community Development Anderson)
ACTION ITEMS
1. Update Parking Fines - Consider adoption of resolution updating fines for parking
violations (Police Captain Hutton)
PUBLIC HEARINGS
1. 2 Miraflores Lane Precise Plan Amendment - Consider amendment to Miraflores Precise
Plan to extend existing secondary building envelope to accommodate a proposed gazebo,
fencing and outdoor barbeque area (Planning Manager Watrous)
Applicant: Davoud Sadeghi
AP No.: 039-271-21
TOWN COUNCIL REPORTS
TOWN MANAGER'S REPORT
WEEKLY DIGESTS
• Town Council Weekly Digest -August 27, 2010
ADJOURNMENT - in honor of former Fire Chief Franklin j. Buscher
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Town Clerk at (415) 435-
7377. Notification 48 hours prior to the meeting will enable the Town to make
reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and
inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to
Town Hall. Agendas and minutes are posted on the Town's website,
www.ci.tiburon.ca.us.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability-related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address, phone number and brief description of the requested materials and
preferred alternative format or auxiliary aid or service at least 5 days before the
meeting. Requests should be sent to the Office of the Town Clerk at the above
address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at, or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
TOWN OF TIBURON Town Council Meeting
1505 Tiburon Boulevard September 1, 2010
r~.
Tiburon, CA 94920 Agenda Item: CC-
To: Mayor and Members of the Town Council
From: Administrative Services Department
Subject: Investment Summary -=-July 2010
Reviewed By:
BACKGROUND
Pursuant to Government Code Section 53601, staff is required to provide the Town Council with
a report regarding the Town's investment activities for the period ended July 31, 2010.
ANALYSIS
Agency Investment Amount Interest Rate Maturity
Town of Tiburon
Local Agency
$15,0819668.82
0.531%
Liquid
Fund (LAIF)
CDARS (Bank
$ 2,5229439.30
0.50%
Oct. 7, 2010
of Marin)
CDARS (Bank
$ 29019,986.55
0.40%
August 26, 2010
of Marin)
Housing note to
$ 8009000.00
0.925%
Based on
Town Manager
Contract
Money Market
$ 250,000.00
1.00%
Liquid
(Bank of Marin
Note to Former
$ 35,466.57
5.55%
June 1, 2017
Town Employee
Total
$20,709,561.24
Redevelopment Agency
Local Agency
$191429797.21
0.531%
Liquid
Investment
Fund (LAIF)
FINANCIAL IMPACT
No financial impact occurs by adopting the report. The Town continues to meet the priority
principles of investing - safety, liquidity and yield in this respective order.
RECOMMENDATION
Staff recommends that the Town Council:
Move to accept the July 2010 investment summary
Prepared By: Heidi Bigall, Director of Administrative Services
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Community Development Department
Subject: Parente Vista Precise Development Plan (PD #4);
End of Parente Road and End of Antonette Drive; File #30703; Adoption
of Resolutions Approving Precise Development Plan to Create Two Lots
on a 10.2 Acre Parcel; Lionel Achuck, Owner; Tom Newton, Applicant;
Assessor's Parcel No. 038-111-16
Reviewed By:
SUMMARY
At the July 21, 2010 meeting, the Town Council held a public hearing on the Parente Vista
Precise Development Plan. At that time, the Council voted (3-2) to conditionally approve the
project, with the floor area for Lot 2 as proposed by the applicant. The draft resolution approving
the project has been modified as requested and, along with the resolution making CEQA findings
for the application, is ready for adoption.
RECOMMENDATION
Staff recommends that the Town Council adopt the draft resolutions (Exhibits 1 and 2) making
CEQA findings of fact and conditionally approving the Parente Vista Precise Development Plan
and adopting a Mitigation Monitoring Program.
EXHIBITS
1. Draft Resolution approving the Parente Vista Precise Development Plan
2. Draft Resolution making CEQA findings
Prepared By: Daniel M. Watrous, Planning Manager
\shared'Administration'Town Council\Staff Reports\20I O\September I DRAFTS'Parente Vista PDRresolutions.doe
Town Council Meeting
September 1, 2010
Agenda Item: C/`'6012
TOWN OF TIBURON PAGE 1 OF 1
RECORDING REQUESTED
RETURN TO:
TOWN CLERK
TOWN OF TIBURON
1505 TIBURON BOULEVARD
TIBURON, CA 94920
RESOLUTION NO. (Draft)-2010
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMPLIFYING AND SUPPLEMENTING PROVISIONS OF TITLE IV, CHAPTER 16
SECTION 16-21.020 (F) OF THE TIBURON MUNICIPAL CODE (ZONING) WITH
RESPECT TO PLANNED DEVELOPMENT #4
BY APPROVING A PRECISE DEVELOPMENT PLAN (PARENTE VISTA PDP)
AND ADOPTING A MITIGATION MONITORING PROGRAM
ASSESSOR PARCEL NO. 038-111-16
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section 1. Findings.
A. The Town of Tiburon has designated a 10.2-acre property located at the end of Antonette
Drive and Parente Road as Residential Planned Development (RPD) on the Zoning Map
and in the zoning regulations of the Tiburon Municipal Code, Title IV, Chapter 16, at
Section 16-14.020 (B), with a further zoning designation of Planned Development #4 on
the Planned Development Map in the aforesaid Section. All future Tiburon Municipal
Code Section references in this resolution and its attachments shall be to Title IV,
Chapter 16 (Zoning) unless otherwise specified.
B. Tiburon Municipal Code Section 16-21.030 (D[3]) provides zone regulations for the RPD
zone, specifying the approval of a Precise Development Plan prior to subdivision,
grading, or the making of improvements on property so designated. Basic zoning
parameters such as density of development, floor area limits, height limits, and setbacks
are to be specified in an approved Precise Development Plan for the property, based on
site-specific characteristics to which an appropriate amount and layout of development
may be tailored. The purpose of the RPD zone is set forth as follows:
The Residential Planned Development (RPD) Zone is intended to protect and
preserve open space land as a limited and valuable resource without depriving
owners of a reasonable use of their property for residential purposes. The
regulations of the zone are designed to insure, to the extent feasible, the
conservation of natural resources and the retention of land in its natural or near
natural state in order to, among other things, assist in the containment of urban
TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2010 9/1/2010
EXHIBIT NO. I
sprawl and protect the community from the hazards of fire, flood, seismic and
other catastrophic activity, and to otherwise implement the goals and policies of
the General Plan.
C. Tiburon Municipal Code Section 16-52.060 (B) establishes the Precise Development Plan
purposes as follows:
1. To provide for review by the Town a detailed development proposal for a
designated area with unique site characteristics or environmental
conditions, in both written and graphic form, to ensure that new
development in such areas is compatible with the existing land uses,
development standards (including but not limited to, setbacks or building
envelopes, coverage limits, and height limits) and identified constraints;
2. To demonstrate consistency of a development proposal with the goals and
policies of the General Plan;
3. To preserve and conserve critically limited open space for the protection of
the ecology and the environment, and to safeguard against the adverse
impacts of fire, noise, water pollution, the destruction of scenic beauty and
hazards related to geology, fire and flood, while at the same time
providing a reasonable use of the land.
Section 16-52.060 (E) sets forth principles to be applied in the review of Precise
Development Plan applications. Section 16-52.060 (D) declares approval of a Precise
Development Plan by the Town Council to be a legislative act.
E. The Town of Tiburon has received and considered an application filed by Lionel Achuck
for a Precise Development Plan (the Parente Vista Precise Development Plan) to augment
and supplement provisions of Section 16-21.030 (D[3]) of the Tiburon Municipal Code
specific to Planned Development #4 by proposing the development of two (2) single-
family dwellings and appurtenant improvements on an approximately 10.2-acre property.
Approximate lot acreages would be 2.1 acres for Lot 1 and 8.1 acres for Lot 2. The
proposed Parente Vista Precise Development Plan would establish a maximum density of
0.20 dwelling units per acre (exclusive of any secondary dwelling units), and provide a
basic layout and RPD zoning district parameters for the property, including but not
limited to, permanent open spaces, building envelopes, residential use areas, height limits,
and floor area limits.
F. The Parente Vista Precise Development Plan application consists of File #30703, on file
with the Town of Tiburon Community Development Department. Materials from that
application include but are not limited to the following:
1. Project description, dated October 9, 2009;
TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2010 9/1/2010 2
EXHIBIT NO. I
2. Project plans (7 sheets) prepared by Thayer Architecture, Inc., dated
October 9, 2009;
3. Project plans (11 sheets) prepared by ILS Associates, Inc., dated
September 9, 2009
4. Project plans (2 sheets) prepared by Herzog Geotechnical Consulting
Engineers, dated September 9, 2009
5. Project plans (3 sheets) -prepared by Pedersen Associates Landscape
Architects, dated February 18, 2010
6. Drainage analysis prepared by ILS Associates, Inc., dated June 15, 2007
7. Geotechnical Hazards Evaluation and Geotechnical Investigation letters
prepared by Herzog Geotechnical Consulting Engineers, dated January 26,
2007 and April 20, 2007;
8. Supplemental Noise Impact Study prepared by Rosen, Goldberg, Der &
Lewitz, Inc., dated April 27, 2007.
The official record for this project is hereby incorporated and made part of this resolution.
The record includes the Staff Reports, minutes, application materials, and all comments
and materials received at the public hearing.
G. An Environmental Impact Report (EIR) analyzing a five-lot project on this site was
certified by the Tiburon Town Council on October 6, 2004. An Addendum to the EIR,
dated March 2010, was prepared to evaluate the current two-lot project design. The
Planning Commission considered the certified EIR and the EIR Addendum in making its
recommendation to the Town Council on the merits of the project.
H. The Planning Commission held a duly noticed public hearing on the application on June
23, 2010. Following the public hearing the Planning Commission adopted Resolution
No. 2010-(Draft) recommending to the Town Council conditional approval of the project
as evaluated in the EIR Addendum No. 2 for the project, and adoption of a Mitigation
Monitoring Program for the project.
The Town Council held a duly noticed public hearing on the application on July 21, 2010,
at which it heard and considered testimony from interested persons. The Town Council
found, based upon application materials and analysis presented in the staff report, the
certified Final EIR and the March 2010 Addendum No. 2 thereto, that the proposed
project is, on balance, consistent with the goals and policies of the Tiburon General Plan
and in conformance with provisions of the Tiburon Zoning Ordinance. The facts in
support of this finding are set forth in the official record for this project.
Section 2. Acceptance of Addendum to the EIR
NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby accepts the
Addendum No. 2 to the Final Environmental Impact Report ["Addendum"] dated March 2010.
CEQA guidelines sections 15164 (a) and (b) state that an addendum should be prepared when
TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2010 9/1/2010 3
EXHIBIT NO, C
none of the conditions triggering a subsequent EIR or supplemental EIR have occurred. Section
15162 of the CEQA Guidelines advises the preparation of a subsequent or supplemental EIR
when substantial changes to the project require major revisions to the EIR because of new
significant environmental effects or a substantial increase in the severity of previously identified
effects. The two-lot Parente Vista project that is currently proposed is within the range of
alternatives and impacts discussed in the certified EIR. The Addendum concludes that this
project design would not result in new significant environmental effects or a substantial-4acrease
in the severity of previously identified effects. The Final Environmental Impact Report and
Addendum were prepared under contract to the Town of Tiburon by the consulting firm of
Leonard Charles & Associates. Detailed CEQA findings have been adopted by separate
resolution. The Addendum further concludes that with the implementation of Mitigation
Measures contained therein, all environmental impacts associated with the two-lot project design
have been or would be mitigated to a less-than-significant (LTS) level.
Section 3. Conditional Project Approval and Adoption of Mitigation Monitoring Program.
BE IT FURTHER RESOLVED that the Town Council hereby approves the Parente Vista
Precise Development Plan (PD #4) subject to the following conditions and adopts a mitigation
monitoring program for the project:
1. The approved Parente Vista Precise Development Plan shall consist of the
following:
a. The Project description, dated October 9, 2009, as may be
modified herein;
b. The project plans (7 sheets) prepared by Thayer Architecture, Inc.,
dated October 9, 2009, as may be modified herein;
C. The project plans (11 sheets) prepared by ILS Associates, Inc.,
dated September 9, 2009, as may be modified herein;
d. The project plans (2 sheets) prepared by Herzog Geotechnical
Consulting Engineers, dated September 9, 2009, as may be
modified herein;
e. The project plans (3 sheets) prepared by Pedersen Associates
Landscape Architects, dated February 18, 2010, as may be
modified herein.
2. This Precise Development Plan approval incorporates all mitigation measures as
shown in the Parente Vista Mitigation Monitoring Program, attached hereto as
Exhibit A and incorporated herein. Applicant shall bear all costs for
implementation and monitoring of said Mitigation Monitoring Program.
3. Prior to the issuance of grading or building permits for project construction, the
project sponsor shall submit a Design Review application to the Town of Tiburon
Planning Division and receive written approval from the Design Review Board.
TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2010 9/1/2010 4
EXHIBIT NO. I
4. In furtherance of Section 16-21.040 (C[2]) of the Municipal Code, this Precise
Development Plan approval establishes a maximum density of 0.20 dwelling units
per acre on the property (not including any Town-approved secondary dwelling
units) and is intended to reflect ultimate development of the property. No
additional subdivision for the purpose of creating additional building sites is
permitted, and a note to that effect shall be placed on the parcel map.
5. In furtherance of Section 16-52.020 (I[3]) of the Municipal Code, this Precise
Development Plan approval establishes the limit of "floor area, gross", as defined
in Section 16-100.020 (F) therein, that may be constructed on each lot as follows:
Lot 1: 6,000 square feet, with additional garage/carport area of up to 750
square feet.
Lot 2: 9,000 square feet for a single-family dwelling, with additional
garage/carport area of up to 1,000 square feet, additional area for a
secondary dwelling unit of up to 1,000 square feet, and additional
garage/carport area for the secondary dwelling unit of up to 500 square
feet. The Design Review Board is directed to ensure that the final house
design minimizes visual mass and bulk and fits with the current contours
and topography of the site.
Any garage/carport floor area in excess of the amount specified above shall be
counted as additional gross floor area on the lot. The floor area of all accessory
buildings, including any secondary dwelling unit, pool houses or cabana, shall be
included in the total allowable floor area for each lot. Floor areas meeting the
definition of "basement" in the Municipal Code shall not be included in the
calculation of gross floor area. It is understood that the floor area for each lot as
specified above is a maximum allowable square footage, and the Design Review
Board may, in its reasonable discretion in reviewing Site Plan and Architectural
Review applications for each lot, approve a lesser amount of square footage in
order to ensure that the building sizes are consistent and compatible with
surrounding neighborhoods in compliance with, and as set forth in, General Plan
Land Use Element Goal LU-I.
6. In furtherance of Section 16-21.040 (A) of the Municipal Code, this Precise
Development Plan approval establishes that the dwelling unit (main building on
each lot) shall be confined to the approved "building envelope" on each lot.
Dwelling units shall not exceed thirty (30) feet in height from grade. It is
understood that these height limits represent a maximum height, and the Design
Review Board may, in its reasonable discretion in reviewing Site Plan and
Architectural Review applications for each house, approve a lesser height for the
dwelling units pursuant to guiding principles of site plan and architectural review
TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2010 9/1/2010 5
EXHIBIT NO, 1
as set forth in the Municipal Code.
7. In furtherance of Section 16-21.040 (A) of the Municipal Code, this Precise
Development Plan approval establishes the following standards for the secondary
building envelopes associated with this application:
a. Lot 1, Secondary Building Envelope. All elements allowed withhese
building envelopes are limited to landscape improvements, including
swimming pools and spas, terraces, walkways, and retaining walls and
fences with a maximum height of six (6) feet. Trellises may have a
maximum height of eleven (11) feet, six (6) inches. Plantings are limited
to those species with a maximum height at maturity of thirty (30) feet or
less.
b. Lot 2, Secondary Building Envelope. This envelope may be developed
with a single-story (maximum height of 15 feet above grade) secondary
dwelling unit, with a maximum floor area of 1,000 square feet, and a
garage with a maximum size of 600 square feet. This envelope may also
be developed with landscape improvements, including swimming pools
and spas, a tennis court and a bocce ball court terraced into the slope,
terraces, walkways, and retaining walls and fences with a maximum height
of six (6) feet. Trellises may have a maximum height of eleven (11) feet,
six (6) inches. Plantings are limited to those species with a maximum
height at maturity of thirty (30) feet or less.
All elements allowed in the Lot 1 Secondary Building Envelope and the Lot 2
Secondary Building Envelope may also be located in the Primary Building
Envelopes for Lots 1 and 2.
8. In furtherance of Section 16-21.040 (A) of the Municipal Code, this Precise
Development Plan approval establishes a designation of "private open space" for
all areas on Lot 2 outside the primary and secondary building envelopes. The
disturbed areas shall be landscaped immediately following the landslide repair
work. Additionally, all landslide repair areas shall be hydro-seeded following
grading for dust control and soil stability in accordance with geotechnical
engineering recommendations. No new landscaping or vegetation shall be planted
on any private open space area outside the "building envelopes" for both Lot 1
and Lot 2 other than that approved as part of a detailed landscape plan and palette
to be submitted with the tentative subdivision map application and incorporated
into the subdivision improvement drawings.
9. In furtherance of Section 16-21.040 (A) of the Municipal Code, no improvements
of any type, including fencing, shall be permitted outside the approved primary
and secondary building envelopes for each lot. This limitation does not apply to
TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2010 9/1/2010 6
EXHIBIT NO.
the private roadway leading to Antonette Drive; driveways and retaining walls
supporting driveways; utilities; landslide repair devices and revegetation; drainage
ditches; or other ancillary improvements necessary for installation of the
subdivision improvements as approved in the subdivision improvement drawings.
10. In furtherance of Section 16-21.030 (D[3]) of the Municipal Code, all portions of
each lot designated as "private. open space" herein shall be contained wither and
protected by an open space easement or easements to be offered for acceptance to
the Town of Tiburon by separate instrument as part of the parcel map application.
Said open space easement or easements (if accepted) shall be recorded in
conjunction with the recordation of the parcel map. All portions of said open
space easement or easements shall acknowledge, if necessary, any existing or
required roadway, drainage and/or utility easements and any landscape installation
(e.g. entry landscaping, retaining wall screening, and mitigation planting) and
maintenance agreements that are required as part of this Precise Development
Plan or permits issued in reliance thereon. Open space easement or dedication
documents shall be reviewed and approved by the Town Attorney and Director of
Community Development prior to acceptance for filing of the parcel map
application.
11. Colors and materials of residential improvements shall be low-reflectivity;
medium and/or dark hues that minimize contrast with surroundings and reduce
visual impacts, as shown on the project plans (7 sheets) prepared by Thayer
Architecture, Inc., dated October 9, 2009.
12. Draft CC&R's, deed restrictions, and/or joint maintenance agreements or other
similar instruments for the subdivision shall be prepared and submitted for review
and approval by the Town Attorney and Director of Community Development as
part of the tentative subdivision map application. Said CC&Rs or other
instruments acceptable to the Town Attorney shall contain provisions and
limitations as set forth in this Precise Development Plan approval and the adopted
Mitigation Monitoring Program to the satisfaction of the Town Attorney and
Director of Community Development. These instruments shall contain, without
limitation, provisions for ongoing maintenance of the private roadway, common
areas, ongoing maintenance of drainage structures and facilities, and ongoing
removal of invasive plant species (French broom, pampas grass, etc.) from the
property, and shall be recorded in conjunction with the parcel map.
13. As part of the installation of the subdivision improvements, applicant shall
remove dilapidated fencing and fence-posts, litter, garbage, and other junk
materials from the entire site.
14. If lighting is proposed for the project roadway, lighting details shall be reviewed
by Planning Division Staff prior to the approval of subdivision improvement
TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2010 9/1/2010 7
EXHIBIT NO. t
drawings for the project.
15. Appearance and any proposed vegetative screening of project retaining walls
shown on the subdivision improvement drawings in excess of forty-two (42)
inches in height shall be subject to review and approval by Planning Division
Staff prior to approval of said drawings.
16. A detailed landscape plan prepared as part of the subdivision improvement
drawing submittal shall be reviewed and approved by Planning Division Staff.
This landscape plan shall include removal of any remaining invasive plant
species, common area plantings, entry landscaping, retaining wall screening, and
any landscaping required in adopted mitigation measures.
17. All grading involving the use of heavy construction equipment shall be limited to
the period between April 15 and October 31. The Building Official may authorize
limited extensions of time to this period in his reasonable discretion.
18. No smoking shall be permitted on site by any person, contractor or employee
during any phase of project construction. A water truck shall be present on the site
during vegetation removal. These requirements shall be noted on the subdivision
improvement drawings and shall be incorporated into construction documents for
the contractor(s) performing the work.
19. This Precise Development Plan approval shall be valid for thirty-six (36) months
following its effective date, and shall expire unless a time extension is granted or
a tentative subdivision map has been approved in reliance on this Precise
Development Plan, in which instance the Precise Development Plan shall remain
valid coterminous with the tentative map approval.
Section 4. Effective Date.
BE IT FURTHER RESOLVED that this Precise Development Plan approval shall
become effective thirty (30) days after adoption of this Resolution, pursuant to Section 16-52.060
(D) of the Tiburon Municipal Code.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on September 1, 2010 by the following vote:
AYES:
NOES:
ABSENT:
RICHARD COLLINS, MAYOR
Town of Tiburon
TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2010 9/1/2010 8
EXHIBIT NO. I
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachment: Exhibit A (Mitigation Monitoring Program)
TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)-2010 9/1/2010
1
XHIBIT NO.
RESOLUTION NO. (Draft)-2010
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ADOPTING FINDINGS RELATING TO THE APPROVAL OF THE PARENTE
VISTA SUBDIVISION PRECISE DEVELOPMENT PLAN PROJECT PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
ASSESSOR PARCEL NO. 038-111-16
Section 1: Introduction
WHEREAS, on October 6, 2004 the Town Council of the Town of Tiburon
adopted Resolution No. 51-2004 certifying that the Final Environmental Impact Report
(FEIR) for the Parente Vista Subdivision Project was completed in compliance with the
California Environmental Quality Act and local CEQA guidelines.
WHEREAS, an Addendum to the FEIR, dated March 2010, was prepared to
evaluate a revised two-lot project design. This Addendum was considered by the
Planning Commission at a duly noticed public hearing on the project on June 23, 2010
and was considered by the Town Council at a duly noticed public hearing on July 21,
2010.
WHEREAS, the EIR identified certain significant environmental impacts caused
by the Parente Vista Subdivision Precise Development Plan Project and recommends
specific mitigation measures to reduce certain of these impacts to a less-than-significant
level and the Town Council has certified the EIR as being adequate according to CEQA
and has reviewed and considered the information in the EIR, the EIR Addendum, and the
entire record; therefore, the Town Council makes specific findings, as follows, for each
significant impact, pursuant to CEQA 21081, based not only on the EIR, but evidence in
the entire record, including written and oral testimony to the Planning Commission and
Town Council.
Section 2: Location and Custodian of Documents
The Recording of Proceeding ("Record") upon which the Town Council bases these
findings and its actions and determinations regarding the proposed project includes, but is
not limited to:
The Final EIR which consists of the Parente Residential Development Draft
Environmental Impact Report (September 2001); the Parente Residential
Development Final Environmental Impact Report Response to Comments
Document (June 2002); the Parente Vista Subdivision EIR Addendum
(February 2009); Parente Vista Subdivision EIR Addendum No. 2 (April
2010); and plus the appendices and technical reports cited in and/or relied on
in preparing the Final EIR and Addendums.
2 All staff reports, Town files and records and other documents, prepared for
Town Council Resolution No. (Draft)-2010 091112010
2
EXHIBIT NO.
and/or submitted to the Planning Commission, Town Council and/or Town
staff relating to the Final EIR, addendums, and/or the proposed project.
The location and custodian of the Record is the Town of Tiburon Community
Development Director, 1505 Tiburon Boulevard, Tiburon, California, 94920.
Section 3: Significant Impacts Which Can Be Mitigated To A Less-Than-Significant
T i-vP.]
The FEIR indicates that certain significant-environmental impacts will or may resultl~om
approval of the proposed project. The FEIR concluded that each of these significant
impacts can be mitigated to a less-than-significant level. In response to those significant
impacts so identified in the FEIR discussed in this Section 3, alterations have been
required to the proposed project or mitigation has been incorporated into or imposed on
the project which will avoid or substantially lessen each significant environmental impact
identified in this section. The Town Council hereby finds that each and every mitigation
measure identified in this section is feasible and has been imposed on or incorporated into
the proposed project, and the Town Council further finds that the significant impacts
described in this section have been reduced to a less-than-significant level by
incorporation of these mitigation measures. The Town Council adopts the findings
contained herein.
Geology and Soils
Impact 3.1-A Project development could result in landsliding.
Facts and Evidence
In Section 3.1 (Geology and Soils) the EIR found that project improvements could fail
due to existing landslides on the site. This would constitute a potentially significant
impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts
associated with landslides will be mitigated to a less-than-significant level by the
imposition of Mitigation Measures 3.1-A.1 to 3.1-A.4. Accordingly, changes or
alterations have been required in, or incorporated into, the proposed project which
mitigate or avoid the significant effects on the environment. The impact is mitigated to a
less-than-significant level.
Rationale
Mitigation Measures 3.1-A.1 to 3.1-A.3 include specific measures to repair existing
landslides and properly construct improvements so that future homes and other
improvements would not fail and that landslides would be stabilized consistent with the
Town's Landslide Repair Policy. Mitigation Measure 3.1-A.4 requires ongoing
maintenance of the landslide debris barrier that will be installed on Lot 2 to ensure that it
Town Council Resolution No. (Draft)-2010 091112010 2
EXHIBIT NO. 7
functions properly and protects off-site property.
Impact 3.1-B Site soils could constrain future development of the site.
Facts and Evidence
In Section 3.1 (Geology and Soils) the EIR found that project improvements could fail
due to weak colluvial soils and expansive soils. This would constitute a potentially
significant impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts
associated with soil constraints will be mitigated to a less-than-significant level by the
imposition of Mitigation Measures 3.1-B.1 and 3.1-B.2. Accordingly, changes or
alterations have been required in, or incorporated into, the proposed project which
mitigate or avoid the significant effects on the environment. The impact is mitigated to a
less-than-significant level.
Rationale
Mitigation Measures 3.1-B.1 and 3.1-B.2 include specific measures to ensure design and
construction take into account and fully mitigate soil constraints on the site.
Impact 3.1-C Seismic events could result in damage to buildings and threats to human
lives.
Facts and Evidence
In Section 3.1 (Geology and Soils) the EIR found that project improvements could fail
due to seismic activity in the. This would constitute a potentially significant impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts
associated with seismic activity will be mitigated to a less-than-significant level by the
imposition of Mitigation Measures 3.1-C.1 and 3.1-C.2. Accordingly, changes or
alterations have been required in, or incorporated into, the proposed project which
mitigate or avoid the significant effects on the environment. The impact is mitigated to a
less-than-significant level.
Rationale
Mitigation Measures 3.1-C.1 and 3.1-C.2 include specific geotechnical design measures
so that all proposed improvements are constructed to withstand probable seismic activity
at the site.
Hydrology
Town Council Resolution No. (Draft)-2010 091112010 3
EXHIBIT NO.
Impact 3.2-A Project development and use will increase runoff during peak storm
events.
Facts and Evidence
In Section 3.2 (Hydrology) the EIR found that the project would increase runoff from the
site and cause flooding downstream of the site. This would constitute a potentially
significant impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts
associated with downstream flooding will be mitigated to a less-than-significant level by
the imposition of Mitigation Measures 3.2-A.1. Accordingly, changes or alterations have
been required in, or incorporated into, the proposed project which mitigate or avoid the
significant effects on the environment. The impact is mitigated to a less-than-significant
level.
Rationale
The project has been redesigned to eliminate this impact. Mitigation Measure 3.2-A.1
requires final approval of the proposed drainage plan by the City to ensure that the
proposed design is implemented.
Impact 3.2-B Project development will increase soil erosion.
Facts and Evidence
In Section 3.2 (Hydrology) the EIR found that grading and runoff from the project could
cause result in erosion. This constitutes potentially significant erosion and sedimentation
impacts.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts on
erosion and downstream sedimentation will be mitigated to a less-than-significant level
by the imposition of Mitigation Measure 3.2-B.1. Accordingly, changes or alterations
have been required in, or incorporated into, the proposed project which mitigate or avoid
the significant effects on the environment. The impact is mitigated to a less-than-
significant level.
Rationale
This mitigation requires conformance with an Erosion Control Plan. Implementation will
be confirmed by the Town Engineer. This ensures that erosion will not significantly
affect streamcourses downstream of the site.
Impact 3.2-C Project development and use will decrease water quality.
Town Council Resolution No. (Draft)-2010 091112010 4
EXHIBIT NO.
Z
Facts and Evidence
In Section 3.2 (Hydrology) the EIR found that runoff from the project's impervious
surfaces would collect airborne and other pollutants and transport them to receiving
streams. This constitutes a potentially significant impact to water quality.
Finding
Based upon the EIR and the entire record,'the Town Council hereby finds that water`s
quality impacts will be mitigated to a less-than-significant level by the imposition of
Mitigation Measure 3.2-C.1. Accordingly, changes or alterations have been required in,
or incorporated into, the proposed project which mitigate or avoid the significant effects
on the environment. The impact is mitigated to a less-than-significant level.
Rationale
This mitigation requires the applicant to educate future lot owners about appropriate
measures to control pollution from leaving the site. Because public education is a critical
component of pollution prevention and water quality protection, this mitigation will
reduce the impact.
Biological Resources
Impact 3.3-A Construction of the project will displace existing site vegetation.
Facts and Evidence
In Section 3.3 (Biological Resources) the EIR found that the project grading and
construction would remove a number of trees, shrubs, and other native vegetation. The
proposed landscaping plan that includes planting replacement trees and shrubs focuses on
the use of non-native species, and it has limited monitoring and follow-up guidelines.
The inadequacy of the landscaping plan constitutes a potentially significant biological
impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that the
impacts to native vegetation will be mitigated to a less-than-significant level by the
imposition of Mitigation Measures 3.3-A.1 to 3.3-A.3. Accordingly, changes or
alterations have been required in, or incorporated into, the proposed project which
mitigate or avoid the significant effects on the environment. The impact is mitigated to a
less-than-significant level.
Rationale
Mitigation Measures 3.3-A.1 to 3.3-A.3 require planting of native trees, shrubs, and
grasses and establish a clear monitoring and replacement program to ensure long-term
site restoration. These new plantings will mitigate for the loss of native vegetation on the
Town Council Resolution No. (Draft)-2010 091112010 S
EXHIBIT N0.
site.
Impact 3.3-B Construction of the project will displace wildlife habitat.
Facts and Evidence
In Section 3.3 (Biological Resources) the EIR found that the project construction would
displace wildlife habitat. The loss of habitat needed by native wildlife constitutes a
potentially significant biological impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that the
impacts to wildlife will be mitigated to a less-than-significant level by the imposition of
Mitigation Measures 3.3-B.1 to 3.3-B.3. Accordingly, changes or alterations have been
required in, or incorporated into, the proposed project which mitigate or avoid the
significant effects on the environment. The impact is mitigated to a less-than-significant
level.
Rationale
Mitigation Measures 3.3-B.1 to 3.3-B.3 require revegetation of the landslide repair area;
retention of a wildlife corridor along the north property line; and long-term removal of
the non-native broom plants on the site. These measures will provide adequate wildlife
travel corridors and a substantial amount of wildlife habitat on the site.
Cultural Resources
Facts and Evidence
In Section 3.4 (Cultural Resources) the EIR found that the project grading and
construction could damage cultural resources that are currently hidden below the surface.
The inadequacy of the landscaping plan constitutes a potentially significant impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that the
impacts to possible cultural resources will be mitigated to a less-than-significant level by
the imposition of Mitigation Measures 1 to 6 on page 47 of the EIR Addendum.
Accordingly, changes or alterations have been required in, or incorporated into, the
proposed project which mitigate or avoid the significant effects on the environment. The
impact is mitigated to a less-than-significant level.
Rationale
Mitigation Measures 1 to 6 are standard mitigations to record and, if warranted, protect
any significant cultural resources uncovered during site grading. The mitigation
measures also ensure that any human remains that are uncovered are properly treated per
State law.
Town Council Resolution No. (Draft)-2010 091112010 6
EXHIBIT N0. Z
Traffic and Circulation
Impact 3.5-C The use of Parente Road will create a safety impact.
Facts and Evidence
In Section 3.5 (Traffic and Circulation) the EIR found that the original project's proposed
use of Parente Road for access would cause a significant safety impact. The certifies)
FEIR recommended use of Antonette Drive and identified significant safety impacts`bf
using that road. The revised project includes use of Antonette Drive and not Parente
Road. There would be potentially significant traffic safety impacts associated with use of
this road for project access.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that the safety
impacts of using Antonette Drive will be mitigated to a less-than-significant level by the
imposition of Mitigation Measures 3.5-C.1 and 3.5-C.2. Accordingly, changes or
alterations have been required in, or incorporated into, the proposed project which
mitigate or avoid the significant effects on the environment. The impact is mitigated to a
less-than-significant level.
Rationale
Mitigation Measure 3.3-A. I requires widening of the south end of Antonette Drive while
3.5-A.2 prohibits parking along the street except where there is adequate off-road space
allowing people to park off the travelway. These improvements would reduce the risk of
accident due to inadequate sight lines.
Impact 3.5-D Construction traffic will affect roadway safety and may impact pavement
condition.
Facts and Evidence
In Section 3.5 (Traffic and Circulation) the EIR found that project construction traffic
would damage pavement and cause traffic congestion. This constitutes a potentially
significant traffic impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that
construction traffic impacts will be mitigated to a less-than-significant level by the
imposition of Mitigation Measure 3.5-D.1. Accordingly, changes or alterations have
been required in, or incorporated into, the proposed project which mitigate or avoid the
significant effects on the environment. The impact is mitigated to a less-than-significant
level.
Rationale
Town Council Resolution No. (Draft)-2010 091112010 ~ 7
EXHIBIT NO.
Mitigation Measure 3.5-D.1 requires development and compliance with a construction
traffic control plan and roadway (pavement) mitigation plan. This plan will limit
construction traffic hours and parking and require pavement repair where warranted.
Aesthetics
Impact 3.6-A Site development will alter views in the area.
Facts and Evidence
In Section 3.6 (Visual Quality) the EIR found that project improvements would have a
potentially significant impact on views in the area.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that due to
changes in the proposed project the visual impact will be mitigated to a less-than-
significant level by the imposition of Mitigation Measures 3.6-A.1 through 3.5-A.5.
Accordingly, changes or alterations have been required in, or incorporated into, the
proposed project which mitigate or avoid the significant effects on the environment. The
impact is mitigated to a less-than-significant level.
Rationale
Mitigation Measure 3.6-A.1 requires undergrounding of utilities. Mitigation Measure
3.6-A.2 states that during design review, the Town shall consider reducing the size of
structures and building envelopes on Lot 2 to be consistent with the size of other
residences in the area. Mitigation 3.6-A.3 requires outdoor lighting to be designed to
prevent light trespass off the site. Mitigation Measures 3.6-A.4 and 3.6-A.5 require
additional landscaping to screen views from neighboring homes. The mitigation measures
will reduce the impact on views from surrounding vantage points.
Impact 3.6-B Headlights from vehicles accessing the site at night will affect a nearby
residence.
Facts and Evidences
In Section 3.6 (Visual Quality) the EIR found that vehicles accessing Lot 2 would have a
potentially significant lighting impact on a neighboring home.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that due to
changes in the proposed project the visual impact will be mitigated to a less-than-
significant level by the imposition of Mitigation Measure 3.6-B.1. Accordingly, changes
or alterations have been required in, or incorporated into, the proposed project which
mitigate or avoid the significant effects on the environment. The impact is mitigated to a
Town Council Resolution No. (Draft)-201 0 091112010 8
HIBIT NO. 2
less-than-significant level.
Rationale
Mitigation Measure 3.6-B.I requires landscape screening to screen headlights so that the
light does not intrude into the neighboring residence.
Noise
Impact 3.7-A Project construction could adversely affect neighboring residents. -
Facts and Evidence
In Section 3.7 (Noise) the EIR found that project construction could have a potentially
significant noise impact on nearby neighbors. This would be a potentially significant
impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that due to
changes in the proposed project the noise impact will be mitigated to a less-than-
significant level by the imposition of Mitigation Measures 3.7-A. I to 3.7-A.6.
Accordingly, changes or alterations have been required in, or incorporated into, the
proposed project which mitigate or avoid the significant effects on the environment. The
impact is mitigated to a less-than-significant level.
Rationale
Mitigation Measures 3.7-A.1 to 3.7-A.6 limit construction hours; require use of "quiet"
construction equipment and muffling of engines; prohibit unnecessary idling of engines;
and provide for a noise disturbance coordinator who can address any noise concerns
expressed by nearby residents.
Impact 3.7-B Future use of the project will generate noise.
Facts and Evidence
In Section 3.7 (Noise) the EIR found that project occupancy could have a potentially
significant noise impact on nearby neighbors. This would be a potentially significant
impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that due to
changes in the proposed project the noise impact will be mitigated to a less-than-
significant level by the imposition of Mitigation Measures 3.6-A.3 to 3.6-A.5.
Accordingly, changes or alterations have been required in, or incorporated into, the
proposed project which mitigate or avoid the significant effects on the environment. The
Town Council Resolution No. (Draft) -2010 091112010 9
EXHIBIT NO. Z-
impact is mitigated to a less-than-significant level.
Rationale
Mitigation Measures 3.6-A.3 to 3.6-A.5 require installation of extensive landscaping
between areas of intense outdoor activity and nearby homes, which will buffer the noise
generated by recreational uses on the site.
Air Quality
Impact 3.8-A Project development will emit pollutants into the air.
Facts and Evidence
In Section 3.8 (Air Quality) the EIR found that construction activities, including grading
would generate dust into the air. This is a potentially significant impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that
construction period impacts due to dust will be mitigated to a less-than-significant level
by the imposition of Mitigation Measures 3.8-A.1 through 3.8-A.9. Accordingly,
changes or alterations have been required in, or incorporated into, the proposed project
which mitigate or avoid the significant effects on the environment. The impact is
mitigated to a less-than-significant level.
Rationale
Implementation of Mitigation Measures 3.8-A.1 through 3.8-A.9 require the applicant to
implement dust control measures. These dust control measures include preventing visible
dust clouds from extending beyond construction sites; watering all active construction
areas at lest twice daily and more often during windy period; and covering all hauling
trucks or maintaining two feet of freeboard.
Public Services
Impact 3.9 A The project will increase the demand for potable water.
Facts and Evidence
In Section 3.9 (Public Services) the EIR found that unless the project were constructed to
meet all Marin Municipal Water District requirements, it would have a potentially
significant impact on water supply.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that due to
changes in the proposed project the water supply impact will be mitigated to a less-than-
significant level by the imposition of Mitigation Measure 3.9-A.1. Accordingly, changes
Town Council Resolution No. (Draft)-2010 091112010 10
EXHIBIT NO. 0
or alterations have been required in, or incorporated into, the proposed project which
mitigate or avoid the significant effects on the environment. The impact is mitigated to a
less-than-significant level.
Rationale
Mitigation Measure 3.9-A.I requires that the project comply with all MMWD
requirements for water entitlement, water conservation, and pipeline extension.
Impact 3.9-B The project will increase the demand for fire protection services.
Facts and Evidence
In Section 3.9 (Public Services) the EIR found that residences on the project site would
increase the demand for fire protection services. This would be a potentially significant
impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that due to
changes in the proposed project the public service impact will be mitigated to a less-than-
significant level by the imposition of Mitigation Measures listed under Impact 3.9-B
(page 64 of the EIR Addendum). Accordingly, changes or alterations have been required
in, or incorporated into, the proposed project which mitigate or avoid the significant
effects on the environment. The impact is mitigated to a less-than-significant level.
Rationale
These mitigation measures ensure that the project shall comply with all pertinent
requirements of the Uniform Fire Code and Ordinance No. 117 of the Tiburon Fire
Protection District regarding access, hydrant location, fireflow, secondary emergency
access, and other construction and access requirements.
Impact 3.9-C The project site is susceptible to wildfire.
Facts and Evidence
In Section 3.9 (Public Services) the EIR found that residences on the project site would
be subject to wildland fires. This would be a potentially significant impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that due to
changes in the proposed project the wildfire hazard impact will be mitigated to a less-
than-significant level by the imposition of Mitigation Measures 3.9-C.1 to 3.9-C.3.
Accordingly, changes or alterations have been required in, or incorporated into, the
proposed project which mitigate or avoid the significant effects on the environment. The
Town Council Resolution No. (Draft)-2010 091112010 11
EXHIBIT NO. ~
impact is mitigated to a less-than-significant level.
Rationale
Mitigation Measures 3.9-C.I to 3.9-C.3 ensure that the project shall comply with all
pertinent fire hazard reduction requirements of the Tiburon Fire Protection. Fire
prevention measures will be implemented throughout the construction phase.
Impact 3.9-E The project will increase the demand for wastewater collection, treatment,
and disposal.
Facts and Evidence
In Section 3.9 (Public Services) the EIR found that residences on the project site would
generate additional wastewater. This would be a potentially significant impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that due to
changes in the proposed project the impact to wastewater facilities will be mitigated to a
less-than-significant level by the imposition of Mitigation Measures 3.9-E.1 and 3.9-E.2.
Accordingly, changes or alterations have been required in, or incorporated into, the
proposed project which mitigate or avoid the significant effects on the environment. The
impact is mitigated to a less-than-significant level.
Rationale
Mitigation Measures 3.9-E.I and 3.9-E.2 ensure that the project shall comply with all
Sanitary District No. 2 requirements for new sewer hookups.
Impact 3.11-A The project will use energy to construct and operate.
Facts and Evidence
In Section 3.11 (Other Factors) the EIR found that construction of the project and
subsequent residential use of the residences would require the use of energy and emit
greenhouse gases. This would be a potentially significant impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that due to
changes in the proposed project the energy and greenhouse gas impact will be mitigated
to a less-than-significant level by the imposition of Mitigation Measure 3.11-A.
Accordingly, changes or alterations have been required in, or incorporated into, the
proposed project which mitigate or avoid the significant effects on the environment. The
impact is mitigated to a less-than-significant level.
Rationale
Mitigation Measure 3.11-A reduces project energy use. In combination with the Town's
Town Council Resolution No. (Draft)-2010 091112010 12
EXHIBIT NO. Z-
Green Building Requirements, the mitigation reduces the impact to a less-than-significant
level.
Section 4: Impacts Found Not To Be Significant
During the CEQA scoping process applied to the project, some environmental impacts
were dismissed with a "Less-Than-Significant Impact" response on the Initial Study, on
the ground that there was no fair argument that such impacts would occur. The Town
Council finds that there is no substantial evidence in the record that the decisions made in
the EIR or EIR Addendum to dismiss such-impacts was erroneous, nor is there substantial
evidence that any impact that might occur has not been adequately examined in the EIR.
Additionally, the Town Council finds, based on the EIR and the record that the following
impacts identified in the EIR are less-than-significant and do not require mitigation.
Impact 3.1-D Project grading will alter the topography of the site.
Impact 3.5-A The project will generate 27 new trips per day.
Impact 3.5-B Cumulative traffic volumes will not result in unacceptable levels of
service at nearby intersections.
Impact 3.9-D The project will increase the demand on schools.
Impact 3.9-F The project will increase the demand for police services.
Impact 3.9-G The project will generate solid waste.
Impact 3.10-A The project will alter land use patterns in the area.
gf-rtinn 5- A1tPrnativPa
Alternatives to the proposed project are discussed in the EIR at pages 107 to 116 of the
Draft EIR and pages 101 & 102 of the EIR Addendum No. 2. The following alternatives
were examined:
• No Development Alternative
• One-Lot Alternative
• Two-Lot Alternative
• Three-Lot Alternative
• Four-Lot Alternative
• Modified Five-Lot Alternative
• Five-Lot Project as proposed, with EIR-recommended mitigation
measures
• Five-Lot Project as proposed
As the two-lot project has been determined by the EIR and its addendums to be a
mitigated project requiring no statement of overriding considerations, CEQA does not
require that alternatives to the project be rejected.
Town Council Resolution No. (Draft)-2010 091112010 Z13
EXHIBIT NO.
Section 6: Adoption of Findings
The Town Council hereby adopts the Findings of Fact and Rationales as set forth
in Sections 1 through 3 of this Resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council on
September 1, 2010, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
RICHARD COLLINS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Resolution No. (Draft)-2010 091112010 14
2
EXHIBIT NO.
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Town Manager & All Departments
Town Council Meeting
September 1, 2010
Agenda Item: CC,~
Adopt Resolution Commending Laleh Zelinsky and Zelinsky Properties for
the Success of the Harbor Light Building Reconstruction Project
The reconstructed Harbor Light building at 20 Main Street, owned by Laleh Zelinsky and
Zelinsky Properties, was recently completed and is a fine addition to the Town's Main Street.
The building replaced a deteriorated older structure that had become unsalvageable. The new
building is by all measures a success and this Resolution has been prepared to recognize Mrs.
Zelinsky and Zelinsky Properties for their efforts with this project. The fact that the work was
undertaken during very difficult economic times locally and nationally only increases the praise-
worthiness of the project.
RECOMMENDATION
Staff recommends that the Town Council:
1. Move to adopt the resolution commending Laleh Zelinsky and Zelinsky Properties for
their efforts in making the Harbor Light Reconstruction Project a success
Exhibits: Draft resolution
Prepared By: Scott Anderson, Director of Community Development
SAAdministration\Town Council\Staff Reports\2010\September I DRAFTS\harbor light report.doc
TOWN OF TIBURON PAGE 1 OF 1
RESOLUTION NO. XX-2010
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
RECOGNIZING AND COMMENDING LALEH ZELINSKY AND ZELINSKY PROPERTIES
FOR THE SUCCESS OF THE HARBOR LIGHT BUILDING RECONSTRUCTION PROJECT
WHEREAS, in 2007 Laleh Zelinsky and Zelinsky Properties filed applications to replace
the vacant and deteriorated Harbor Light Building at 20 and 22 Main Street with a new structure;
and
WHEREAS, the new Harbor Light Building was completed in 2010 and is a handsome
structure that blends well with surrounding buildings, complements the mix of architectural
styles, and enhances the pedestrian experience on Main Street; and
WHEREAS, upgrading or replacement of aging buildings and continued investment in
the Downtown area by property owners is critical to the health and vitality of Downtown
Tiburon, and such investment during difficult economic times is truly special and deserving of
recognition.
NOW THEREFORE, the Town Council of the Town of Tiburon does hereby heartily
thank and congratulate Laleh Zelinsky and Zelinsky Properties for their efforts in making the
new Harbor Light Building a successful project and an asset to Downtown Tiburon.
PASSED AND ADOPTED at a regular meeting of the Town Council on
, 2010, by the following vote:
AYES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
RICHARD COLLINS, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S: Wdministration lTown CouncillResolutions1201MHarborLight reso draft.doc
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Tiburon Police Department
Proposed Revisions of the Town of Tiburon Bail Schedule for
Parking Violations
The bail schedule, commonly referred to as parking fines, for violations of the Town of Tiburon's
Traffic Ordinance has not been revised since November 19, 1991 (Town Council Resolution
2823). Prior to that, the schedules had been revised on only three occasions since the inception of
the Tiburon Police Department in 1972.
Current parking fines are out of date and, in Staff's observation, inadequate to deter continued
violation of the parking sections of the Tiburon Traffic Ordinance. When parking fines are too
low, some parkers simply choose to incur the risk of a ticket rather than pay for long-term
parking or otherwise find another parking solution. Illegal parkers, those who park in time
restricted spaces beyond the posted limit, tie up parking and render it less available for patrons of
local stores, restaurants, the library, etc., for whom short term (2-hour limited) parking is
intended.
In addition to the reduction of effective parking fine revenues over the past 19 years due to
inflation, we have seen revenues reduced due to additional fees deducted by the State and County.
An example of such a deduction was demonstrated in fees collected by the State under Senate
Bill 1407, which was signed into law January 1, 2009. In that law, the State of California received
an additional $3 per citation issued by each local jurisdiction. The measure also authorized a
variety of increases to penalties and fees as revenue sources for State bonds. When this law went
into effect, the Town of Tiburon and every other local jurisdiction in California saw its parking
fine revenues decline.
ANALYSIS
In order to determine appropriate revisions to the Town's bail schedule, Staff evaluated
neighboring jurisdictions' current bail amounts for the same violations listed in the parking
section of the Town's traffic ordinance. The jurisdictions reviewed were the City of Sausalito,
the City of Mill Valley, the Twin Cities Police Department (Larkspur and Corte Madera), the City
of San Rafael, the City of San Anselmo and the County of Marin. For each violation, the average
Town Council Meeting
September 1, 2010
Agenda Item: .T- I
1. 10-0
and median fine amounts were calculated. On average, the Town is $21.18 behind neighboring
jurisdictions bail amounts when violations are aggregated.
Staff recommends that the average amount charged by these jurisdictions form the basis for
Tiburon's bail schedule. The only violation not proposed for increase in this proposal is the
violation of failing to curb wheels while parking on a grade, as Tiburon's fine is already the
highest bail amount in the County. Staff believes the proposed changes will achieve the Town's
goal of deterring continued violations of the-parking ordinance, free parking for higher fum-over
uses and modestly increase revenues to the Town.
FINANCIAL IMPACT
The approval of the proposed revision of the Town of Tiburon bail schedule for parking
violations is projected to increase the revenue to the Town by approximately $38,000 per year. It
is hard to determine with precision what revenue may result, because higher fines are likely to
modify behavior and reduce the overall number of violations.
RECOMMENDATION
It is recommended that the Town Council approve the proposed revision of the Town of Tiburon
bail schedule for parking violations of the Tiburon Traffic Ordinance as listed in the attached
draft Town Council Resolution.
Prepared By: David Hutton, Police Captain
Attachment: Town Council Resolution revising the bail schedules for parking violations
of the Tiburon Traffic Ordinance.
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AMENDING RESOLUTION NUMBER 2823
REVISING THE BAIL SCHEDULES FOR PARKING
VIOLATIONS OF THE TIBURON TRAFFIC ORDINANCE
WHEREAS, the bail schedules for parking violations were revised by
Resolution No. 672, Resolution No. 2495, Resolution No. 2501, and Resolution No.
2823, and
WHEREAS, the Town of Tiburon has determined them to be inadequate for
the deterrence of continued violations of the parking section of the Tiburon Traffic
Ordinance,
NOW, THEREFORE, BE IT RESOLVED that the bail schedules will be
established for parking violations as indicated below:
VIOLATION CURRENT PROPOSED
Overtime 2 hour (permit required)
$30
$37
Overtime (all other)
$20
$35
Improper parking MC23-39
$20
$30
Red Zone MC23-42(2)
$20
$50
Curb Wheels MC23-35
$50
$50
Abandoned Vehicle MC23-32
$105
$155
Loading Zone MC23-41
$20
$33
In an Intersection
$20
$44
15'Fire Station Driveway
$20
$53
Blue Zone (Disabled Parking)
$275
$286
In a Crosswalk
$20
$40
On a Sidewalk
$20
$40
Parked facing wrong way MC23-38
$20
$34
Fire Hydrant
$20
$78
Double Parked
$20
$49
Bus Stop
$250
$260
Blocking a Driveway
$20
$40
Registration Tabs
$96
$135
Stopping In Parkway MC23-30
$20
$40
No Parking Areas MC23-31
$20
$45
Parking for Repair MC23-46
$35
$50
Wash/Polish Vehicle MC23-47
$20
$40
9'Clearance MC23-34
$35
$55
Emergency Parking Signs MC23-37
$20
$40
Comm Vehicle in Resd. Dist. MC23-40
$20
$40
Parking Adjacent to School MC23-33
$20
$40
Parking for Sale $20 $40
Warning Devices $20 $40
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon on September 1, 2010, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST:
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Community Development Department
Town Council Meeting
September 1, 2010
Agenda Item: pp.-./
Subject: 2 Miraflores Lane; File #31003; Request to Amend the Miraflores
Precise Plan (PD #21) to Expand the Existing Secondary Building
Envelope; Davoud Sadeghi, Owner/Applicant; Assessor's Parcel No. 039-
271-21 (CONTINUED FROM JULY 21, 2010)
Reviewed By:
PROJECT DATA
Address:
2 Miraflores Lane
Assessor's Parcel Number:
039-271-21
File Number:
31003
Lot Size:
23,443 square feet
Zoning:
RPD (Residential Planned Development)
Precise Plan:
Miraflores Precise Plan (PD #21)
General Plan:
ML (Medium Low Density Residential)
Current Use:
Single-Family Residential
Owner/Applicant:
Davoud Sadeghi
BACKGROUND
The project is the proposed amendment to a precise plan (the Miraflores Precise Plan) for
property located at 2 Miraflores Lane. The applicant proposes to expand the existing secondary
building envelope on the site. On June 23, 2010, the Planning Commission adopted Resolution
No. 2010-10 (Exhibit 3) recommending to the Town Council that the precise plan amendment be
approved. The application was originally scheduled for the July 21, 2010 Town Council meeting,
bus was continued without discussion at the request of the applicant.
PROPOSAL
The applicants propose to amend the Miraflores Precise Plan for property located at 2 Miraflores
Lane. The amendment seeks to expand the existing secondary building envelope on the site. The
applicants have requested this amendment to construct a new gazebo, fencing, and outdoor
barbecue area adjacent to existing private recreational area on the property.
TOWN OF TIBURON PAGE 1 of 3
HISTORY
The Miraflores Precise Plan was originally approved in 1975. The secondary building envelope
for this property was created under a previous amendment to the Miraflores Precise Plan (File
#38801) in 1988. At that time, the Planning Commission questioned the size and location of the
secondary envelope due to the slope constraints on this parcel. The secondary envelope was
approved, with direction given to the Board_of Adjustments and Review to "control the character
and location of the pool"and to determine the appropriate location of the swimming pool and
other accessory structures in relation to other nearby land uses. The primary building envelope
for this lot was slightly expanded in 1999 (File #39905).
ANALYSIS
The house at 2 Miraflores Lane is situated adjacent to the front property line, with two garage
spaces located nine feet from the roadway. Several other homes along this side of the street,
including the adjacent residence at 4 Miraflores Lane, are similarly situated with limited setbacks
from the street. The homes on the other side of Miraflores Lane are generally situated further
back and uphill from the street.
The existing secondary building envelope for the subject property contains a swimming pool, a
small gazebo and extensive decks around the pool. These improvements are located at an
elevation below the level of the adjacent roadway. The remainder of the site to the rear of the
primary and secondary building envelopes slopes downhill, limiting the usable area for private
recreational use on the site.
The proposed expansion to the secondary building envelope would slope downhill from
Miraflores Lane, leveling off in the area adjacent to the existing gazebo and swimming pool
decks. The proposed gazebo could be constructed at a lower level adjacent to the existing pool
and decks without extensive grading.
REVIEW BY THE PLANNING COMMISSION
The Planning Commission held a public hearing on this application at its June 23, 2010 meeting.
At that meeting, the applicant withdrew his original request to place a carport within the
expanded secondary building envelope due to complaints from several neighboring property
owners.
The Planning Commission also determined that the size of the expanded building envelope was
excessive and recommended that a smaller, more rectangular expansion would be more
appropriate. The Commission voted 4-0 to recommend the application for approval as modified,
finding that it was in conformance with the overall intent of the Miraflores Precise Plan and the
Tiburon General Plan.
TOWN OF TIBURON PAGE 2 OF 3
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that the subject application is categorically exempt from the
requirements of CEQA per Section 15301 of the CEQA Guidelines.
RECOMMENDATION
Staff recommends that the Town Council:
1. Hold a public hearing on this item
2. Adopt the draft resolution (Exhibit 1) approving the application
EXHIBITS
1. Draft Resolution
2. Application form and supplemental materials
3. Planning Commission Resolution No. 2010-10
4. Minutes of the June 23, 2010 Planning Commission meeting
5. Submitted plans
Prepared By: Daniel M. Watrous, Planning Manager
\shared\Administration\Town Council\Staff Reports\2010\ September 1 DRAFTS Miraflores Lane.report.doc
TOWN OF TIBURON PAGE 3 OF 3
RECORDING REQUESTED
RETURN TO:
TOWN CLERK
TOWN OF TIBURON
1505 TIBURON BOULEVARD
TIBURON, CA 94920
RESOLUTI R NO. (Draft)-2010
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING AN AMENDMENT TO THE MIRAFLORES PRECISE PLAN (PD #21)
TO EXPAND A SECONDARY BUILDING ENVELOPE
ON PROPERTY AT 2 MIRAFLORES LANE
ASSESSOR PARCEL NO. 039-271-21
WHEREAS, on June 23, 2010 the Planning Commission held a public hearing to
consider the approval of amendment to the Miraflores Precise Plan (PD #21) to expand a
secondary building envelope on property located at 2 Miraflores Lane; and
WHEREAS, after receiving public testimony and considering the application at
that hearing, the Planning Commission adopted Resolution No. 2010-10 recommending
to the Town Council that the Precise Plan Amendment be approved; and
WHEREAS, on September 1, 2010, the Town Council held a public hearing on
this application and after hearing all testimony and reviewing all documents on the
record, the Town Council concurred with the findings made by the Planning Commission
and found that the proposed precise plan amendment to expand a secondary Building
envelope for the property at 2 Miraflores Lane would be consistent with the overall
intention of the Miraflores Precise Plan and the policies contained within the Tiburon
General Plan.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby approve the requested amendment to the Miraflores Precise Plan,
subject to the following conditions:
1. The expanded secondary building envelope for the property at 2
Miraflores Lane shall be amended as reflected on the drawing labeled Site
Plan and Elevation, Sheet 1 of 1, prepared by D.L. Bowen, dated April 6,
2010. The envelope shall be amended so that the northern end of the
expanded envelope shall be parallel to the northern end of the existing
secondary building envelope.
2. The expanded secondary building envelope is approved for landscape
improvements, a gazebo, stairs, fencing and decks. Fencing shall not
exceed a height of six feet and all other structures shall not exceed a height
of 15 feet. A carport is prohibited within this expanded envelope.
Town Council Resolution No. (Draft)-2010 0910112010 r
.~;iIBIT N0. `
3. This approval shall in no way alter other provisions of the Miraflores
Precise Plan not specifically modified herein.
PASSED AND ADOPTED at a regular meeting of the Town Council on
September 1, 2010, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
RICHARD COLLINS, MAYOR
TOWN OF TIBURON
Town Council Resolution No. (Draft)-2010 0910112010 2
I~ XIIIBIT NO
F
71
TOWN OF TIBURON
LAND DEVELOPMENT APPLICATION
TYPE OF APPLICATION
O Conditional Use Permit
( Prec e De~v2e7lopent Plan
O Sec daUwelling Unit
O Zoning Text Amendment
O Rezoning or Prezoning
O General Plan Amendment
O Change of Address
O Design Review (DRB)
O Design Review (Staff level)
O Variance
O Floor Area Exception
O Tidelands Permit
O Sign Permit
O Tree Permit
O Tentative Subdivision Map
O Final Subdivision Map
O Parcel Map
O Lot Line Adjustment
O Condominium Use Permit
O Certificate of Compliance
O Other
APPLICANT REQUIRED INFORMATION
SITE ADDRESS: I /)9/0r9 t 42JE -j p 4iA Q Af PROPERTY SIZE:
~~SF
PARCEL NUMBER: ZONING:
T~
i-
OWNER OF PROPERTY: ,4%)Oia Z_ C~` a-► I
MAILING ADDRESS: i- CITY/STATE/ZIP
PHONE NUMBER: FAX
APPLICANT: (Other than Property Owner)
MAILING ADDRESS:
PHONE NUMBER:
ARCHITECT/DESIGNER/ENGINEER:
MAILING ADDRESS:
Please indicate with an asterisk persons to whom Town correspondence should be sent.
BRIEF DESCRIPTION OF PROPOSED PROJECT (attach ~separate sheet if needed):
I, the undersigned owner (or authorized agent) of the property herein described, hereby make application
for approval of the plans submitted and made a part of this application in accordance with the provisions
of the Town Municipal Code, and I hereby certify that the information given is true and correct to the best
of my knowledge and belief.
I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town
grants the approval, with or without conditions, and that action is challenged by a third party, I will be
responsible for defending against this challenge. I therefore agree to accept this responsibility for
defense at the request of the Town and also agree to defend, indemnify and hold the Town harmless
from any costs, claims or liabilities arising from the approval, including, without limitation, any award of
attorney's fees that might result fro the third party challenge.
*Signature: Date: 1-7
*If other than owner, must have letter from owner
DEPARTMENTAL PROCESSING INFORMATION
60
`t i o0 3
Application No.: GP Designation Fee Deposit - /
Date Received: Received By: ~ Receipt # i 5o l7t>
Date Deemed Complete' B y:
Acting Body: Action: Date:
Conditions of Approval or Comments`. Resoiution or Ordinance
EXHIBIT N0. 2
AX
4/7/2010
Town of Tiburon
1505 Tiburon Blvd.
Tiburon, Ca 94920
Planning and Design Review
I am filing this application to request an addition of 1500 square feet of usable area to my
existing secondary envelope. I am planning to build a gazebo as well as out door B.B.Q.,
stairs, fencing, and 2 car carport to stop the crowding of our narrow street. This will in
fact reduce the neighborhood traffic due to street parking and properly accommodate the
needed facilities of our extended family.
I am greatly appreciative of your anticipated cooperation.
Sincerely,
Davoud Sade
2 Miraflores Lane
(4150 789-0002
P.S. The supporting letters from my neighbors are attached.
EXHIBIT NO. -2-
P, 2- OF Z-'
RESOLUTION NO. 2010-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING TO THE TOWN COUNCIL APPROVAL OF
AN AMENDMENT TO THE MIRAFLORES PRECISE PLAN (PD #21) TO
EXPAND A SECONDARY BUILDING ENVELOPE
ON PROPERTY AT 2 MIRAFLORES LANE
ASSESSOR PARCEL NO. 039-271-21
WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows:
Section 1. Findings.
A. The Town has received and considered an application filed by Davoud Sadeghi for an
amendment to the Miraflores Precise Plan (PD #21) to expand the secondary building
envelope at 2 Miraflores Lane. The application consists of the following:
1. Application form and supplemental materials, dated April 7, 2010
2. Site Plan and Elevations, dated April 7, 2010
B. The Planning Commission held a duly-noticed public hearing on June 23, 2010, and
heard and considered testimony from interested persons.
C. The Planning Commission finds that the project is exempt from the requirements of the
California Environmental Quality Act per Section 15301 of the CEQA Guidelines.
D. The Planning Commission finds based upon application materials and analysis presented
in the May 12, 2010 Staff Report, as well as visits to the site and testimony received from
the applicant, that the project is consistent with the intent of the Miraflores Precise Plan.
E. The Planning Commission finds the project to be consistent with the goals and policies of
the Tiburon General Plan Land Use Element Policy LU-13, which states that
"Neighborhood character, which is defined by the predominant architectural styles, type of
buildings, building heights, mass, setbacks, landscaping, and natural characteristics, shall
be of material consideration and preserved in all construction projects, including remodels
and additions, to the maximum extent feasible." The proposed expanded secondary
building envelope would appear to be consistent with the intent of the Miraflores Precise
Plan to retain the open visual appearance of the site.
TIBURON PLANNING COMMISSION RESOLUTION NO. 2010-10 JUNE 23, 2010
EXHIBIT NO. 3
Section 2. Recommendation for Approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Cornrnission recommends
approval of the precise plan amendment expanding the secondary building envelope at 2
Miraflores Lane to the Town Council, subject to the following conditions:
The expanded secondary building envelope for the property at -2 Miraflores Lane
shall be amended as reflected Qn the drawing labeled Site Plan and Elevation,
Sheet 1 of 1, prepared by D.L. Bowen, dated April 6, 2010. The envelope shall be
amended so that the northern end of the expanded envelope shall be parallel to the
northern end of the existing secondary building envelope.
2. The expanded secondary building envelope is approved for landscape
improvements, a gazebo, stairs, fencing and decks. Fencing shall not exceed a
height of six feet and all other structures shall not exceed a height of 15 feet. A
carport is prohibited within this expanded envelope.
3. This approval shall in no way alter other provisions of the Miraflores Precise Plan
not specifically modified herein.
PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on
June 23, 20101 by the following vote:
AYES : COMMISSIONERS : KUNZWEILER, FRYMIER, CORCCORAN AND
TOLLINI
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: DOYLE
JO u~IItER, CHAIRMAN
T040N PLANNING COMMISSION
ATTEST:
DANIEL M. WATROUS, SECRETARY
Whared\Planning\Planning Coimnission\Resolutions\2010\2010-10; 2 Miraflores Lane PDP Amendment
TIBURON PLANNING COMMISSION RESOLUTION NO. 2010-10 .TUNE 23, 2010 2
EXHIBIT NO. 3
PLANNING COMMISSION
MINUTES NO. 999
June 23, 2010
Regular Meeting
Town of Tiburon Council Chambers
1505 Tiburon Boulevard, Tiburon, California -
CALL TO ORDER AND ROLL CALL:
Chair Kunzweiler called the meeting to order at 7:30 p.m.
Present: Chair Kunzweiler, Vice-Chair Frymier, Commissioners Corcoran and Tollini
Absent: Commissioner Doyle
Staff Present: Planning Manager Watrous, Director of Community Development Anderson and
Minutes Clerk Levison
ORAL COMMUNICATIONS: None
COMMISSION AND STAFF BRIEFING:
Planning Manager Watrous reminded the Commission that the public hearing on the Library
Expansion Draft EIR and election of officers are scheduled for the July 14th meeting. He reported
that the Trestle Glen Circle Conceptual Master Plan review was tentatively scheduled for the
August 11 th meeting.
PUBLIC HEARING
1. 2 MIRAFLORES LANE: REQUEST TO AMEND,. THE MIRAFLORES PRECISE
PLAN (pd #21) TO EXPAND THE EXISTING SECONDARY BUILDING
ENVELOPE; FILE #31001; Davoud Sadeghi Owner and Applicant; Assessor's
Parcel 039-271-21
Davoud Sadeghi, applicant, stated he had improved his home at the subject site several times
since purchasing it in 1993. He said that this application was a request to expand the existing
secondary building envelope to accommodate the enlargement and relocation of the existing
gazebo, as well as a two-car carport. He said he spoke with and received the approval of his
neighbors prior to making application, but they have since raised objections to the carport. He
stressed that he had always acted in accordance with the approval of his neighbors and, as such,
he amended his application to exclude the carport.
Chair Kunzweiler questioned and confirmed with Mr. Sadeghi that he was still requesting
expansion of the secondary building enveloped to accommodate the new gazebo area. He also
TIBURON PLANNING COMMISSION MINUTES - JUNE 23, 2010 MINUTES NO. 999 q PAGE I
EXHIBIT NO.
requested that the applicant clarify the proposed fence line. Mr. Sadeghi stated that he planned to
continue the fence along the length of the expanded envelope.
Chair Kunzweiler opened the public hearing.
Rick Rose asked what the expanded envelope would mean. He said he had no-objection to the
applicant's previous improvements but stated concern that this application, which would move
the building envelope twenty feet closer to his property, could impact the privacy and value of
his property.
Mr. Watrous read from the conditions of approval, which state that "The expanded secondary
building envelope is approved for landscape improvements, a gazebo, stairs, fencing, and gaps.
The fencing shall not exceed a height of 6 feet and all other structures shall not exceed a height
of 15 feet." He noted that the draft resolution included approval of a carport, but staff would
amend it to eliminate the reference and specifically prohibit it. He said if the applicant wished to
construct a carport in the future, it would require a separate application and review process.
Chair Kunzweiler closed the public hearing.
Commissioner Tollini stated that she visited the site and, with the removal of the carport, she had
no other concerns and could recommend approval of the application.
Commissioner Corcoran concurred and thanked the applicant for compromising to help assuage
the concerns of neighbors.
Vice-Chair Frymier concurred and voiced support for the application.
Chair Kunzweiler appreciated the applicant's amendment to eliminate the carport. He stated that
building envelopes are established to capture the original intent of an area and, while minor
adjustments are often appropriate, approving such a large increase seemed excessive. He
suggested that the secondary building envelope expansion be modified to a more rectangular
shape, which would still provide sufficient envelope to accommodate the gazebo.
Mr. Watrous recommended that the best way to delineate the suggested modification to the
expanded envelope would be to recommend that the northern edge of the expanded envelope run
parallel to the northern edge of the existing secondary envelope.
Commissioner Corcoran stated that Chair Kunzweiler's recommendation was logical, would
prevent the issues identified by Mr. Rose, and was something he could support. The Commission
concurred.
ACTION: It was M/S (Tollini/Corcoran) to adopt the resolution recommending approval of the
project to the Town Council, with amendments to prohibit the construction of the carport within
the secondary envelope and to modify the envelope so that the northern end would be parallel
with the northern end of the existing secondary envelope. Motion carried: 4-0.
TIBURON PLANNING COMMISSION MINUTES - JUNE 23, 2010 MINUTES NO. 999 EXHIBIT NO. PAGE 2
C r V 1 L %J V 1. A. Jr+ W v I IC II 1 C. QI I V C. I A ( V V! V r, . j
1 Miraflores Ln.
Tiburon, CA. 94920
August 31, 2010
Town of Tiburon, CA.
Planning Department
1505 Tiburon Blvd.
Tiburon, CA. 94920
RE: File Number 31003
To Whom It May Concern:
We are writing in regard to the Sadeghi request (2 Miraflores Lane) to expand their secondary
building envelope and to amend the Miraflores Precise Plan to accommodate these changes.
The Sadeghis have responded to concerns expressed regarding their original request. In
addition, the Planning Commissioners have adjusted the secondary building envelope according
to the amended request.
Consequently, we would like to thank the Planning Department, the Planning Commissioners,
and the Sadeghis for their flexibility and for acknowledging our concerns. We supportthe
project as currently shown and proposed. We are unable to attend the hearing, but hope that
this letter will suffice regarding our current views.
Sincerely,
Barbara and Wayne Alexander
Cc: Davoud and Saeedeh Sadeghi
Rick and Kathy Rose
Betty and Turner Brashear
Ron and Eva Lackenbacher
&no ^
vYVN COUNCIL
LAIE AIL # •
MEETING DATE -