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Recorded I REC FEE
Official Records I
RECORDING REQUESTED County Of I
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R1 =TURN TO: Morin
JOAN C.THAYER
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ssessor_Recorder I
TOWN CLERK I
TOWN OF TIBURON 07:O2Aq 14-Sep-010 ! Page i of 19
1505 TIBURON BOULEVARD
TIBURON, CA 94920
RESOLUTION NO. 47-2010
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 DEVELOPMEN T #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. Findin-gs.
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
0.00
TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9/1'2010
natural state in order to, among other things, assist in the containment of urban
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:
TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9!1;2010 2
I . Project description, dated October 9, 2009;
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.
1. 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.
TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9/1/2010 3
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
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 increase
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.
TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9/1!2010 4
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 submif a Design Review application to the Town of Tiburon
Planning Division and receive written approval from the Design Review Board.
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.
TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9/1/2010 5
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
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 within these
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
TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9/1 /20 10 6
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
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 within 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
TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9/1/2010 7
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
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 pennitted 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 snap 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.
TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9/1/2010
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: COUNCILMEMBERS: Collins, Fraser, Fredericks, O"Donnell, Slavitz
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
l° i r
RICHARD MAYOR
Town of Tib brio" n
ATTEST:
DIANE CRANE IACO , TOWN CLERK
Attachment: Exhibit A (Mitigation Monitoring Program)
TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9.1/2010 9
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RECORDING REQUESTED
RETURN TO:
TOWN CLERK
TOWN OF TIBURON
150 TIBURON BOULEVARD
TIBURON, CA 94920
RESOLUTION NO. 47-2010
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
TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9/1/2010
natural state in order to, among other things, assist in the containment of urban
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: -
To provide for review by the Town a detailed development proposal for a
designated area with unique site characteristics or enviromnental
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:
TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9!1/2010 7
1. Project description, dated October 9, 2009;
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 Commmission 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.
I. 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.
TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9/1!2010
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
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 increase
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.
TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9/1/2010 4
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.
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-1.
TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9/1/2010 5
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
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 within these
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
TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9/1%2010 6
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
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 within 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
TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9/1/2010 7
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
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.
TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 9/1/2010
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:
COUNCILMEMBERS:
Collins, Fraser, Fredericks, O'Donnell, Slavitz
NOES:
COUNCILMEMBERS: -
- None
ABSENT:
COUNCILMEMBERS:
None
1
i
CHARD COLLINS, MAYOR
Town of Tiburon
ATTEST:
DIANE CRANE IACO OWN CLERK
Attachment: Exhibit A (Mitigation Monitoring Program)
TIBURON TOWN COUNCIL RESOLUTION NO. 47-2010 911;2010 9