HomeMy WebLinkAboutTC Agd Pkt 2011-11-02 (3)To:
From:
Mayor & Members of the Town Council
Community Development Department
Town Council Meeting
November 2, 2011
Agenda Item:
4T--
Subject: Belvedere-Tiburon Public Library Expansion Project: 1501 and 1505
Tiburon Boulevard; Continued Deliberation on Merits of Applications
for General Plan Amendment, Rezoning, and Amendments to the
Point Tiburon Master Plan and Point Tiburon Precise Plan Associated
with a Planned 17,000 Square Foot Addition to the Library Facility
(Continued from October 19,2011 --Public Hearing Closed)
Reviewed by:
BACKGROUND
At its October 19, 2011 meeting, the Town Council deliberated on the merits of the project,
provided direction to staff, and continued the item to the November 2, 2011 regular meeting.
Draft minutes of the October 19, 2011 Council meeting are contained within the packet for this
meeting.
SUMMARY OF DIRECTION PROVIDED
The Town Council provided staff and the applicant with the following direction:
Project Location
A majority of Councilmembers preferred the proposed plan (Civic Connection Concept with
Refined Alternate D site layout) to the other options analyzed.
Visual impact of ridgeline blockage as significant or less than significant
While Councilmembers were of differing opinions on this issue, the majority of the Town
Council agreed that further mitigation measures were not feasible at present, given the general
nature of the applications now before the Town. The Council unanimously determined that, at
this point in time, the most prudent course of action was to declare the visual impact of the
project on views of the Tiburon Ridge from Tiburon Boulevard to be a remaining significant
impact. Staff was directed to find the impact to be "significant and unavoidable", and to include
it in the CEQA findings of fact and the statement of overriding considerations to be prepared for
Town Council adoption. The Council's finding that the view impact is significant and
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
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unavoidable in connection with the current approvals does not preclude the Council from
addressing the view impact in considering future project applications.
Application for Amendment of Policy OSC-20 Concerning Wetland Buffers
The Town Council agreed with the Planning Commission's recommendation that a text
amendment to Policy OSC-20 was unnecessary, and directed staff to draft the General Plan
amendment Resolution accordingly.
Scale of the Expansion and Consistency with Town Policies
Councilmembers provided a range of opinions regarding potential design and architectural
changes to the building. A majority of Councilmembers appeared to favor, at a minimum,
reduction in the visual impression of "excessive mass, bulk and scale" of the building as viewed
from Tiburon Boulevard. Such reduction would not necessarily require, but would not preclude,
square footage reductions prior to approval of detailed site plan and architectural drawings by the
Town Council. A majority of the Council indicated its desire that such design and architectural
changes also somewhat ameliorate the impact of view loss of the Tiburon Ridge from Tiburon
Boulevard. Condition No. 1 of Exhibit 2 (the general plan amendment resolution) has been added
to read as follows:
1) The conceptual expansion plans associated with these approvals are the
drawings (14 sheets) dated October 5, 201.1, prepared by EFIDD
Architecture, depicting the Refined Alternate D project. Said drawings,
date-stamped "Received September 28, 2011 Planning Division" are
available for review in the offices of the Town of Tiburon Community
Development Department. 'T'he building design and architecture shown on
said drawings shall be revised to reduce the visual impression of excessive
mass, bulk and scale as viewed from Tiburon Boulevard. These revisions
do not necessarily require, but do not preclude, square footage reductions
prior to approval of detailed site plan and architectural drawings by the
Town Council. The Town Council. intends that these design. and
architectural revisions somewhat reduce or ameliorate view blockage of the
Tiburon Ridge from Tiburon Boulevard.
Parking and Circulation Issues
A majority of Councilmembers indicated that two issues: 1) adequacy (or convenience) of
parking; and 2) circulation issues involving the Tiburon Boulevard/Mar West Street intersection
both needed additional attention. To address these concerns, staff has modified existing
conditions of approval #5 and #6 and added a new condition #8 to Exhibit 2, as follows:
5) Prior to issuance of a building permit, the Town and Library Agency shall
agree upon, and the Library Agency shall pay to the Town, a reasonable
monetary contribution toward signalization or equivale . ; 'em nt
other safety and/or capacity improvements. including possible installation.
of a rotary/traffic circle, at the Tiburon Boulevard/Mar West Street
intersection.
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6) Any detailed site plan and architectural drawings subsequently submitted
pursuant to this approval shall depict parallel parking spaces along Tiburon
Boulevard in. front of the pedestrian plaza area proposed between Tiburon
Town Hall and the Library addition. The Town Council may, in its sole
discretion, choose to establish a "no parking zone" along Tiburon
Boulevard, approximately 40 feet in length, in this area.difeetly i ffent nt
the promenade between the pFopesed addition and Town Hall to allow a
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A minimum of two (2) handicap-accessible parking spaces shall be
installed along the 'Tiburon Boulevard frontage of the project to off-set the
loss of such spaces in close proximity to the Town Hall front entrance.
The Library Agency shall be responsible for all costs associated with
installation of these parking spaces, including any ramps between the street
and plaza levels that may be necessary to accommodate wheelchairs.
Staff anticipates that the subject of parking will be further explored as this project moves through
the review process. Possible parking augmentation could include a long-term parking agreement
with other property owners whereby short-term parking for public use will be available in the
adjacent lot at 1525 Tiburon Boulevard or other nearby location, or the creation of new public
parking spaces proximate to the project.
CORRESPONDENCE
As of the completion of this staff report, a few letters and a-mails have been received subsequent
to the October 19, 2011 meeting. They are attached as Exhibit 7.
NEXT STEPS
In anticipation of forthcoming approval of the Library applications, Staff has initiated processing
of the streamlining and exemption ordinance for any future Town of Tiburon land use
entitlements associated with the Library expansion project. The Planning Commission is
scheduled to hold a public hearing on the draft streamlining ordinance on November 9, 2011.
That ordinance could appear before the Town Council as early as December 7, 2011 for first
reading. If the ordinance is adopted, the Town Council would perform the design review board
function in a public hearing anticipated sometimes after the New Year.
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RECOMMENDATION
The documents necessary to grant approval of the applications have been completed in draft form
and are attached. Staff recommends that the Town Council:
1. Review the draft findings, resolutions, and ordinances.
2. Should the Town Council be prepared to approve the applications, staff recommends
the following order of actions, reviewing each document before adoption to
incorporate any necessary or desired revisions:
a. Adopt the Resolution (Exhibit 1) making CEQA Findings of Fact and adopting a
statement of overriding considerations.
b. Adopt the Resolution (Exhibit 2) approving the General Plan Amendments and
adopting a mitigation monitoring program.
c. Hold second reading and adopt the Ordinance (Exhibit 3) rezoning a portion of
Lot 10 of the Point Tiburon Subdivision.
d. Hold second reading and adopt the Ordinance (Exhibit 4) rezoning a portion of
the Tiburon Town Hall parcel.
e. Hold second reading and adopt the Ordinance (Exhibit 5) amending the Point
Tiburon Master Plan map.
f. Adopt the Resolution (Exhibit 6) approving the amendment to the Point Tiburon
Precise Plan map.
EXHIBITS
1. Draft Resolution making CEQA findings of fact, including a statement of overriding
considerations.
2. Draft Resolution approving the General Plan Amendments and a mitigation monitoring
program.
3. Draft ordinance rezoning a portion of Lot 10 of the Point Tiburon Subdivision.
4. Draft ordinance rezoning a portion of the Town Hall parcel at 1505 Tiburon Boulevard.
5. Draft ordinance amending the Point Tiburon Master Plan for a portion of Lot 10.
6. Draft Resolution amending the Point Tiburon Precise Plan for a portion of Lot 10.
7. Correspondence received since October 19, 2011 meeting.
Prepared by: Scott Anderson, Director of Community Development
10
S:MdministrationlTown CouncihStaffRepor&20J Wov 2 draftslLibrary Expansion staff reportUdoc
RESOLUTION NO. XX-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ADOPTING FINDINGS RELATING TO THE BELVEDERE-TIBURON LIBRARY
EXPANSION PROJECT LOCATED AT 1501 TIBURON BOULEVARD (FILES #40801,
308049 GPA 2008-02 AND R 2008-01) PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
(ASSESSOR PARCEL NOS. 58-171-929 939 & 94 AND A PORTION OF 58-171-62)
WHEREAS, on October 5, 2011 the Town Council of the Town of Tiburon adopted
Resolution No. 47-2011 certifying the Environmental Impact Report for the Belvedere-Tiburon
Library Expansion Project ("Project").
NOW, THEREFORE BE IT RESOLVED that pursuant to California Public Resources
Code section 21081, the Town Council hereby makes findings of fact regarding the conclusions
reached in the project's Environmental Impact Report, including findings of overriding
considerations. The Town Council's findings are set forth in the document labeled "Findings of
Fact for the Belvedere-Tiburon Library Expansion Project", which is attached hereto as Exhibit
"A" and incorporated herein.
PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of
Tiburon, State of California, on , 2011 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachment: Exhibit "A"
S: IAdministrationlTown CouncillStaffReports12011Wov 2 draftslLibrary Expansion CEQA Findings reso.doc
DI's No.
Tiburon Town Council Resolution No. Xx-2011 --1--12011 Page 1
EXHIDIT
SECTION 1- INTRODUCTION
The Town of Tiburon (Town), as lead agency, has completed a Final Environmental Impact Report
(FEIR) for the Belvedere-Tiburon Library Expansion project (Project) (State Clearing House No.
2009052003).
In June 2010, a Draft Environmental Impact Report (DEIR) for the Project was prepared and
circulated for public review and comment. The Town received 12 comment letters on the Draft EIR.
Additional oral comments were made at the Tiburon Planning Commission's July 14, 2010 public
hearing on the DEIR. Based on comments received on the DEIR, the Town determined that a
Revised Draft Environmental Impact Report (RDEIR) was required with respect to biological
resources, transportation/traffic, and alternatives to the proposed project. The public review period for
the RDEIR began on March 24, 2011 and ended May 9, 2011. The FEIR, which responded to
comments received on the DEIR and Revised DEIR was released to the public on August 17, 2011.
The EIR consists of the 2010 DEIR, the March 2011 RDEIR, and the August 2011 FEIR.
The Town has prepared these findings to comply with the requirements, of the California
Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., and the CEQA
Guidelines (Cal. Code Regs., Tit. 14, Section 15000 et seq.). In particular, the findings to satisfy the
provisions of Public Resources Code section 21081 and CEQA Guidelines section 15091, which
require the lead agency (Town) to make certain findings when an EIR identified potentially significant
impacts.
The Project
The Project is a proposal by the Belvedere-Tiburon Library Agency (the project applicant) to expand
the existing Belvedere-Tiburon Public Library through the construction of a two-story addition. The
Project would also change vehicular access points and on-site parking, including the installation of a
new fifty-two (52) car parking area, and relocate the existing Zelinsky Park. In addition, the Project
includes lighting and landscaping improvements, most notably a new Town Plaza and Zelinsky
Promenade/Garden Plaza extending from Tiburon Boulevard to Zelinsky Park, restoration of the
existing Zelinsky Park area, and installation of a Story Time Area and Staff Patio.
The DEIR evaluated 3 alternatives to the Project (Alternative A: No Project/No Build; Alternative B:
Revised Site Plan; Alternative C: Reduced Library). The RDEIR expanded the discussion of
Alternative B and C and added a new alternative, Alternative D: Mitigated Project, which included
reducing the eastern extension of the library to provide additional views of the Tiburon Ridge from
Tiburon Boulevard and reduce parking requirements. The RDEIR concluded that other than
Alternative A: No Project/No Build, Alternative D is the environmentally superior alternative.
(RDEIR, p. 114.)
Over the course of project review and through the Town's CEQA process, the Library agency has
modified the project design and layout as originally submitted in response to impacts identified and
concerns raised. On September 8, 2011 the Library Agency submitted a letter agreeing to abandon the
original project in favor of a design very similar to the EIR's Mitigated Alternative (Alternative D).
Similar to Alternative D, Refined Alternative D would separate the Library additions into two
components: an area of one-story addition and an area of two-story addition, for a total of 17,000
square feet of additional floor area. Like Alternative D, Refined Alternative D would maintain a 50-
Exhibit "A" to Town Council Resolution No. XX-2011
foot setback from the shoreline of Railroad Marsh. Consistent with the EIR's conclusions regarding
Alternative D, Refined Alternative D is environmentally superior to the project as originally proposed.
Because Refined Alternative D is substantially similar to Alternative D evaluated in the RDEIR and
because Refined Alternative D is environmentally superior to the project as originally proposed, the
Town Council concludes that approval of Refined Alternative D over approval of the project as
originally proposed is not "significant new information," requiring recirculation of the EIR under
CEQA. (CEQA Guidelines, §21092.1; CEQA Guidelines, § 15088.5.)
The Project requires the following actions or approvals:
• General Plan Amendment (includes revisions to the Tiburon 2020 Land Use Diagram and
Tiburon 2020 text);
• Master Plan Amendment to the Point Tiburon Master Plan (PD#42)
• Precise Plan Amendment to the Point Tiburon Precise Plan (PD#42)
• Rezoning
• Conditional Use Permit;
• Site Plan and Architectural Review approval;
• Building permit
• Encroachment permits (Caltrans and Town of Tiburon)
These findings are adopted in connection with the Project's legislative approvals (the General Plan
Amendment, Master Plan Amendment to the Point Tiburon Master Plan, Precise Plan Amendment and
Rezone). Under the Town's Municipal Code, the Project requires additional entitlements in the future,
including approval of detailed site plan and architectural drawings for any addition, as well as
approval of a conditional use permit and encroachment permits. However, the Council plans to
consider establishing an expedited permit processing system for the Project pursuant to Tiburon
General Plan Program DT-u. The expedited processing system, if adopted, would vest any additional
zoning permits exclusively with the Town Council and not any of its lower Boards or Commissions,
thus eliminating the normal conditional use permit and site plan and architectural review approval
processes.
Findings Required Under CEQA
Public Resources Code section 21002 provides that "public agencies should not approve projects as
proposed if there are feasible alternatives or feasible mitigation measures available which would
substantially lessen the significant environmental effects of such projects[.]" The same statute
provides that the procedures required by CEQA "are intended to assist public agencies in
systematically identifying both the significant effects of Projects and the feasible alternatives or
feasible mitigation measures which will avoid or substantially lessen such significant effects." Section
21002 goes on to provide that "in the event [that] specific economic, social, or other conditions make
infeasible such project alternatives or such mitigation measures, individual projects may be approved
in spite of one or more significant effects thereof."
Exhibit "A" to Town Council Resolution No. XX-2011
The mandate and principles announced in Public Resources Code section 21002 are implemented, in
part, through the requirement that agencies must adopt findings before approving projects for which
EIRs are required. For each significant environmental effect identified in an EIR for a project, the
approving agency must issue a written finding reaching one or more of three permissible conclusions.
The first such finding is that changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental effect as identified in the
final EIR. The second permissible finding is that such changes or alterations are within the
responsibility and jurisdiction of another public agency and not the agency making the finding. Such
changes have been adopted by such other agency or can and should be adopted by such other agency.
The third potential conclusion is that specific economic, legal, social, technological, or other
considerations, including provision of employment opportunities for highly trained workers, make
infeasible the mitigation measures or project alternatives identified in the final EIR. (CEQA
Guidelines, § 15091.) "Feasible" means capable of being accomplished in a successful manner within
a reasonable period of time, taking into account economic, environmental, social, legal, and
technological factors. The concept of "feasibility" also encompasses the question of whether a
particular alternative or mitigation measure promotes the underlying goals and objectives of a project.
(Sierra Club v. County of Napa (2004) 121 Cal.App.4th 1490, 1506-1509; California Native Plant
Society v. City of Santa Cruz (2009) 177 Cal. App. 4th 957, 1001 (CNPS) ["an alternative `may be
found infeasible on the ground it is inconsistent with the project objectives as long as the finding is
supported by substantial evidence in the record' (Citation.)"); In re Bay-Delta Programmatic
Environmental Impact Report Coordinated Proceedings (2008) 43 CalAth 1143, 1165, 1166.)
Moreover, "`feasibility' under CEQA encompasses `desirability'.to the extent that desirability is based
on a reasonable balancing of the relevant economic, environmental, social, legal, and technological
factors." (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; see also CNPS,
supra, 177 Cal. App. 4th at p. 1001 [after weighing "`economic, environmental, social, and
technological factors,' `an agency may conclude that a mitigation measure or alternative is
impractical or undesirable from a policy standpoint and reject it as infeasible on that ground"].)
CEQA requires that the lead agency adopt feasible mitigation measures or, in some instances, feasible
alternatives to substantially lessen or avoid significant environmental impacts that would otherwise
occur.
With respect to a project for which significant impacts are not avoided or substantially lessened, a
public agency, after adopting proper findings, may nevertheless approve the project if the agency first
adopts a statement of overriding considerations setting forth the specific reasons that the agency found
the project's benefits outweigh its unavoidable adverse environmental effects. The Town's Statement
of Overriding Considerations for the Project is included herein in Section 7 below.
SECTION 2 -RECORD OF PROCEEDINGS; LOCATIONAND CUSTODIAN OF RECORD
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 Notice of Preparation (NOP) and all other public notices issued by the Town in
conjunction with the Project;
2 All comments submitted by agencies or members of the public during the comment period
on the NOP;
Exhibit "A" to Town Council Resolution No. XX-2011
3 The Draft Environmental Impact Report, Belvedere-Tiburon Library Expansion Project,
Christopher A. Joseph & Associates, June 2010 and all appendices;
4 The Revised Draft Environmental Impact Report, Belvedere-Tiburon Library Expansion
Project, Leonard Charles and Associates, March 2011 and all appendices
5 The Final Environmental Impact Report, Belvedere-Tiburon Library Expansion Project,
Leonard Charles and Associates, August 2011 and all appendices;
6 All comments submitted by agencies or members of the public during the comment period
on the Draft EIR;
7 All comments submitted by agencies or members of the public during the comment period
on the Revised Draft EIR;
8 Documents cited or referenced in the Draft EIR, the Revised Draft EIR, and Final EIR;
9 The mitigation monitoring program for the Project;
10 All findings and resolutions adopted by the Town Council in connection with the Project
and all documents cited or referred to therein;
11 All reports, studies, memoranda, maps staff reports, or other planning documents relating
to the Project prepared by the Town, consultants to the Town, or responsible or trustee
agencies with respect to the Town's compliance with the requirements of CEQA and with
respect to the Town's action on the Project;
12 All documents submitted to the Town and by other public agencies or members of the
public in connection with the Project, up through the close of Town Council public
hearing on October 5, 2011;
13 Any minutes and /or verbatim transcriptions of all information sessions, public meetings,
and public hearings held by the Town in connection with the Project;
14 Any documentary or other evidence submitted to the Town at such information sessions,
public meetings, and public hearings;
15 Any other materials required for the record of proceedings by Public Resources Code
section 21167.6, subdivision (e).
The location and custodian of the Record is the Town of Tiburon Director of Community
Development, 1505 Tiburon Boulevard, Tiburon, California, 94920.
SECTION 3A--SIGNIFICANT IMPACTS THAT CAN BE MITIGATED TO A LESS-THAN-
SIGNIFICANT LEVEL
The FEIR indicates that certain significant environmental impacts will or may result from approval of
the proposed project (i.e., the slightly refined version of Alternative D from the Final EIR that the
applicant has accepted as the project proposal). 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
Exhibit "A" to Town Council Resolution No. XX-2011
in this Section 3A, alterations have been required to the proposed project or mitigation has been
incorporated into or imposed on the project that 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.
Air Quality
Impact AQ-2 Dust Emissions
Facts and Evidence
In Section IV.C (Air Quality) the EIR found that construction activities, including grading of site soils
would generate dust, which would affect air quality.
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
Measure AQ-2a. Accordingly, changes or alterations have been required in, or incorporated into, the
proposed project that mitigate or avoid the significant effects on the environment. The impact is
mitigated to a less-than-significant level.
Rationale
These mitigation measures will reduce dust emissions from grading and other construction activities to
a less-than-significant level by implementing dust control measures. These dust control measures
include preventing visible dust clouds from extending beyond construction sites, watering all active
construction areas at least twice daily and more often during windy periods, sweeping paved streets,
and covering all hauling truck or maintaining two feet of freeboard. Implementation of these measures
will reduce this impact to a less-than-significant level.
Biological Resources
Impact BIO-I Railroad Marsh
Facts and Evidence
The approximately 10-acre Railroad Marsh is a sensitive natural community near the Project site.
Although no sensitive biological resources (i.e., special-status species, sensitive natural communities,
wetlands or important wildlife habitat nursery areas or movement corridors) are present at the Project
site, and the routine mowing of the non-native cover and frequent activity of human and pets severely
limits existing wildlife habitat values of the site, in Section IV.D (Biological Resources), the EIR
conservatively found that project improvements could adversely affect Railroad Marsh and wildlife
inhabiting that marsh. Refined Alternative D, like Alternative D evaluated in the RDEIR, would
include a 50-foot setback from the marsh shoreline. The RDEIR concluded that impacts to the
Railroad Marsh would be reduced under Alternative D, but overall, impact to biological resources
would be similar as under the project as originally proposed.
Exhibit "A" to Town Council Resolution No. XX-2011
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts to Railroad
Marsh will be mitigated to a less-than-significant level by the imposition of Mitigation Measures B10-
la, BIO-1 b, and BIO-1 c. Accordingly, changes or alterations have been required in, or incorporated
into, the proposed project that mitigate or avoid the significant effects on the environment. The impact
is mitigated to a less-than-significant level.
Rationale
These mitigation measures will provide protection for wildlife that may inhabit the marsh and enhance
the buffer between the marsh shore and project improvements. In addition, the current project (a
refinement of Alternative D in the EIR) requires at least a 50-foot buffer from the marsh shore to new
improvements. Implementation of these measures will reduce this impact to a less-than-significant
level.
At the request of the Library Agency, Jim Martin, of Environmental Collaborative, reviewed the
biological significance conclusions of the DEIR, RDEIR and FEIR for the Project. (Martin Memo to
Deborah Mazzolini, Sept. 7, 2011 ("Sept. 7, 2011 Martin Memo".) Mr. Martin's memorandum
explains that, in his expert opinion, the RDEIR and FEIR overstate the Project's impacts to biological
resources, including impacts to the Railroad Marsh. The Town Council has reviewed Mr. Martin's
memorandum and is persuaded by its analysis and conclusions and hereby incorporates the
memorandum into these findings by reference.
On October 5, 2011, Stephan V. Volker, attorney for Alan Fenster and Janice Bickel-Fenster,
submitted a late comment letter on the EIR. Among other things, the letter alleges, without providing
any expert biological opinion, that a 50-foot buffer from the Railroad Marsh is inadequate and that a
100-foot buffer should instead be required. The Town Council disagrees with Mr. Volker for the
following reasons.
First, the 50-foot buffer is adequate to ensure impacts to the Railroad Marsh are less than significant.
As explained in Jim Martin's September 7, 2011 memorandum, there are no adopted standards for
what constitutes an "adequate" setback from marshlands and other sensitive biological resources, but a
comparison between existing and enhanced habitat conditions serves as a logical measure. The 50-
foot setback included in the Project would allow for establishment of native trees, shrubs, and
groundcovers as part of the enhancement plantings that "would vastly improve the existing condition
of managed non-native grassland cover in the setback zone." (Sept. 7, 2011 Martin Memo, p. 4.) The
native vegetation enhancement and fencing of the buffer between the marsh and new building will
greatly enhance existing conditions and serve to address any loss of existing habitat value associated
with the site. The native enhancement will be a biological improvement from existing conditions,
under which the willow riparian vegetation at the edge of the marsh abruptly transitions to the mowed
non-native grassland cover that is actively used by humans and dogs on the site. Once the native
enhancement plantings mature, they would provide new foraging, roosting, and nesting opportunities
to wildlife associated with the marsh and upland areas. Installation of permanent barrier fencing and
signage would serve to control access into both the enhanced setback zone and marshland, which
currently has unrestricted access to humans and dogs. (Id. at pp. 3-4.) Implementation of Mitigation
Measures BIO-la, BIO-lb, and BIO-lc will further ensure impacts to the Railroad Marsh are less than
significant. Because the 50-foot buffer is adequate to ensure impacts to the Railroad Marsh are less
than significant, CEQA does not require the size of the buffer to be increased.
Exhibit "A" to Town Council Resolution No. XX-2011
Second, as concluded by the Town Council in its findings regarding the Project's consistency with
General Plan Policy OSC-20, a 100-foot setback is infeasible. A 100-foot setback line from the Marsh
shoreline is depicted at page 80 of the Final EIR; this illustration shows that approximately 30 of the
52 spaces depicted in the proposed parking lot would encroach into the 100-foot buffer. Furthermore,
there would be insufficient space to create a workable circulation flow for the remaining parking
spaces, resulting in the virtual elimination of the on-site parking. The presence of a 15-foot wide
utility easement directly behind the existing Library building, further limits other opportunities for
structural enhancement behind the Library that would facilitate a 100-foot buffer. The Town Council
therefore finds that a 100-foot setback from the Railroad Marsh is infeasible.
Impact BI0-2 Special Status Species
Facts and Evidence
In Section IV.D (Biological Resources) the EIR found that project improvements could adversely
affect special status species.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts to special status
species will be mitigated to a less-than-significant level by the imposition of Mitigation Measures
BIO-1 a, BIO-2a, and BIO-2b. Accordingly, changes or alterations have been required in, or
incorporated into, the proposed project that mitigate or avoid the significant effects on the
environment. The impact is mitigated to a less-than-significant level.
Rationale
These mitigation measures will provide protection for special status species of wildlife that may
inhabit the marsh, protect nesting sites, and enhance the buffer between the marsh shore and project
improvements. In addition, the current project (a refinement of Alternative D in the EIR) requires at
least a 50-foot buffer from the marsh shore to new improvements. Implementation of these measures
will reduce this impact to a less-than-significant level.
Steven V. Volker's October 5, 2011 late comment letter on the EIR questioned the effectiveness of
Mitigation Measure BIO-2a. In particular, Mr. Volker claims that Mitigation Measure BIO-2a
threatens to harm the California red-legged frog in providing for the excavation of non-occupied
burrows. On October 18, 2011, Jim Martin submitted a memorandum responding to the concerns
raised in Mr. Volker's October 5, 2011 letter ("Oct. 18, 2011 Martin Memo"). Mr. Volker's letter did
not include any expert evidence to support his assertions. The Town Council has reviewed Mr.
Volker's October 5, 2011 letter and Mr. Martin's October 18, 2011 memorandum responding thereto
and agrees with and is persuaded by Mr. Martin's analysis and conclusions. The Town Council
hereby incorporates Mr. Martin's October 18, 2011 memorandum into these findings by reference. As
explained therein:
Contrary to the assertion by Mr. Volker, the EIR provides an overly conservative
assessment of the potential impacts of the project on biological resources, including
exhaustive mitigation measures that are designed to ensure no inadvertent take of
California red-legged frog and other sensitive resources. Mr. Volker incorrectly
assumes that because Mitigation Measure BIO-2a includes provisions to excavate
burrows within the limits of grading to confirm absence of any California red-legged
Exhibit "A" to Town Council Resolution No. XX-2011
frogs on the site, that this must mean that frogs are present. There is no evidence that
frogs occupy the site, or even nearby Railroad Marsh at this point. But because some
amphibians are known to retreat into burrows of gophers and other ground dwelling
animals, the EIR biologist recommended a very conservative method to make sure no
frogs were present. This is a standard measure for ground dwelling species such as
adult California tiger salamander, but is rarely applied to California red-legged frog,
and typically only when the water source is seasonal and there is no nearby surface
water available, which is not the case at Railroad Marsh. Inspecting each burrow is a
labor intensive procedure, but would ensure that in the remote instance a frog was
present in Railroad Marsh, dispersed onto the site, and sought refuge in an existing
burrow, that it would not be destroyed during grading and construction, but would be
relocated to the marsh. Keeping the excavated burrows open after inspection ensures
that any dispersing frog does not return to the burrow before construction proceeds.
Installation of the frog barrier fencing and preconstruction surveys by a qualified
biologist would serve to confirm that no frogs remain within the limits of proposed
construction. The intent of the mitigation measure is not an "announced intention to
take this species" as suggested by Mr. Volker, but ensure that an inadvertent take is
avoided in the remote instance that a frog disperses onto the site, as unlikely as that
may be.
(Oct. 18, 2011 Martin Memo, pp. 1-2, see also Sept. 7, 2011 Martin Memo.)
In response to Mr. Volker's comment letter on the RDEIR (comment 27-2), the Final EIR revised
Mitigation Measure BIO-2a to require that the U.S. Fish and Wildlife Service (USFWS) and the
California Department of Fish and Game (CDFG) review the mitigation measures proposed under
Mitigation Measure BIO-2a and to revise, delete, or add measures as needed to prevent the take of
California red-legged frog. (FEIR, p. 116.) Mr. Volker's October 5, 2011 letter alleges the revisions
to Mitigation Measure BIO-2a impermissibly defers formulation of mitigation under CEQA because
additional mitigation measures could be identified based on USFWS and CDF's review of the
measures. As explained in Mr. Martin's October 18, 2011 memorandum:
[T]he provision in Mitigation Measure BIO-2a that all work stop and the USFWS and
CDFG be consulted in the remote instance a California red-legged frog is encountered
is not a deferral of mitigation. These agency [sic] must be consulted if a listed species
such as California red-legged frog is encountered on any site. Because this species is
not suspected to occur on the site, no provisions for compensatory mitigation have
been defined in Mitigation Measure BIO-2a. The focus of the provisions of this
measure are to ensure no inadvertent take occurs in the remote instance that an
individual frog would for some reason disperse from the secure cover provided by
Railroad Marsh and enter the exposed conditions of the site immediately in advance of
initiating construction. Again this is highly unlikely to occur, but the measure defines
an adequate procedure for how to address this scenario and acknowledges that the
resource agencies could have additional requirements they would impose on the
project if an individual frog is encountered.
(Oct. 18, 2011 Martin Memo, p. 2; see also Sept. 7, 2011 Martin Memo.)
In other words, the requirement that USFWS and CDFG review the mitigation plan is only an
additional safeguard to ensure impacts to California red-legged frogs are not significant in the very
Exhibit "A" to Town Council Resolution No. XX-2011
remote chance that the species are encountered on the site. The Town added this requirement in
response to Mr. Volker's comment letter on the RDEIR, but the requirement is not necessary to
mitigate the Project's impacts to California red-legged frog to less than significant.
Impact BIO-3 Bird Nesting
Facts and Evidence
In Section IV.D (Biological Resources) the EIR found that project improvements could disturb bird
nesting.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts to wildlife
travel and nesting will be mitigated to a less-than-significant level by the imposition of Mitigation
Measure BIO-2b. Accordingly, changes or alterations have been required in, or incorporated into, the
proposed project that mitigate or avoid the significant effects on the environment. The impact is
mitigated to a less-than-significant level.
Rationale
This mitigation measure will reduce impacts on bird nesting by restricting construction activities near
active nests to avoid nest abandonment. Implementation of this measure will reduce this impact to a
less-than-significant level.
Hydrology and Water Quality
Impact HYDRO-1 Water Pollution
In Section IV.E (Hydrology and Water Quality) the EIR found that project construction could result in
soil erosion and generation of other pollutants that could adversely affect water quality of Railroad
Marsh and other receiving waterways.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts to water quality
will be mitigated to a less-than-significant level by the imposition of Mitigation Measures HYDRO-la
and HYDRO-lb. Accordingly, changes or alterations have been required in, or incorporated into, the
proposed project that mitigate or avoid the significant effects on the environment. The impact is
mitigated to a less-than-significant level.
Rationale
The mitigation measures require preparation and implementation of a Stormwater Pollution Prevention
Plan, including an erosion control plan, and a Stormwater Control Plan consistent with the
requirements of the Regional Water Quality Control District, San Francisco Bay Region and the Marin
County Stormwater Pollution Prevention Program (MCSTOPPP). These plans include installation of
bioretention features and other features to filter out sediment and other pollutants before they enter the
marsh or the storm drain system. Implementation of these measures will reduce this impact to a less-
than-significant level.
Exhibit "A" to Town Council Resolution No. XX-2011
Impact HYDRO-4 Storm Drain Capacity
In Section IV.E (Hydrology and Water Quality) the EIR found that project construction would result
in additional runoff from the site that could result in flooding -of the storm drain system.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that potential flooding
impacts will be mitigated to a less-than-significant level by the imposition of Mitigation Measures
HYDR04a and HYDR04b. Accordingly, changes or alterations have been required in, or
incorporated into, the proposed project that mitigate or avoid the significant effects on the
environment. The impact is mitigated to a less-than-significant level.
Rationale
The mitigation measures require that improvements be included in the project to reduce post-project
peak flows to at or below pre-project levels and that all receiving storm drain systems can adequately
transport project flows. Implementation of these measures will reduce this impact to a less-than-
significant level.
Impact HYDRO-5 Runoff Flooding and Pollution
In Section IV.E (Hydrology and Water Quality) the EIR found that project would increase runoff and
adversely affect the capacity of the storm drain system.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts to the storm
drain system will be mitigated to a less-than-significant level by the imposition of Mitigation
Measures HYDRO-la, HYDRO-lb,, HYDRO-4a, and HYDRO-4b. Accordingly, changes or
alterations have been required in, or incorporated into, the proposed project that mitigate or avoid the
significant effects on the environment. The impact is mitigated to a less-than-significant level.
Rationale
The four mitigation measures, described in more detail above, would ensure adequate storm drain
capacity and reduce the emission of pollutants to the storm drain system. Implementation of these
measures will reduce this impact to a less-than-significant level.
Impact HYDRO-6 Other Water Quality Impacts
In Section IV.E (Hydrology and Water Quality) the EIR found that project could cause decreases in
regional water quality.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts to water quality
will be mitigated to a less-than-significant level by the imposition of Mitigation Measures HYDRO-la
and HYDRO-lb. Accordingly, changes or alterations have been required in, or incorporated into, the
proposed project that mitigate or avoid the significant effects on the environment. The impact is
mitigated to a less-than-significant level.
Exhibit "A" to Town Council Resolution No. XX-2011 10
Rationale
The previously described mitigation measures would reduce the emission of pollutants to Railroad
Marsh and the storm drain system. Implementation of these measures will reduce this impact to a less-
than-significant level.
Impact HYDRO-9 Flooding from Railroad Marsh
In Section IV.E (Hydrology and Water Quality) the EIR found that project could be subject to
flooding from Railroad Marsh peak flood elevations.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that flooding impacts from
Railroad Marsh will be mitigated to a less-than-significant level by the imposition of Mitigation
Measure HYDRO-9. Accordingly, changes or alterations have been required in, or incorporated into,
the proposed project that mitigate or avoid the significant effects on the environment. The impact is
mitigated to a less-than-significant level.
Rationale
The mitigation requires installation of a berm to protect improvements from high water elevations in
the marsh. The impact is mitigated to a less-than-significant level.
Noise
Impact NOISE-I Noise Exposure
In Section IV.G (Noise) the EIR found that the project would expose people to noise.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that noise exposure impacts
will be mitigated to a less-than-significant level by the imposition of Mitigation Measures NOISE-la
through NOISE-1 g. Accordingly, changes or alterations have been required in, or incorporated into,
the proposed project that mitigate or avoid the significant effects on the environment. The impact is
mitigated to a less-than-significant level.
Rationale
The mitigation measures include limiting construction hours; separation of heavy equipment from
sensitive receptors; minimizing simultaneous use of equipment and the use of the most impacting
equipment; muffling and shielding equipment; installing portable noise barriers; and restricting truck
routes. The impact is mitigated to a less-than-significant level.
Transportation and Traffic
Impact TRANS-6 Parking
In Section IV.H (Transportation and Traffic) the EIR found that there could be inadequate parking to
meet project demand.
Exhibit "A" to Town Council Resolution No. XX-2011 11
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that parking impacts will be
mitigated to a less-than-significant level by the imposition of Mitigation Measure TRANS-6a.
Accordingly, changes or alterations have been required in, or incorporated into, the proposed project
that mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-
than-significant level.
Rationale
The mitigation measure provides that the applicant will ensure the availability of adequate parking by
creating additional on-street spaces (either creating new spaces; time restricting the use of existing
spaces; and/or adopting a parking permit program for some spaces); establishing additional parking
opportunities at the lot adjacent to Town Hall that the Town currently uses (either by providing
additional short-term parking; entering into a long-term parking lease agreement with the lot owners;
and/or providing additional parking at the lot by installing partial decking); reserving additional spaces
for Town and Library employees at other parking lots; coordinating events so that there are not
overlapping major events at the Library and Town Hall; and/or establishing agreements with other
nearby parking lot owners to provide occasional overflow parking for large or overlapping events. The
impact is mitigated to a less-than-significant level.
Cumulative Impact TRANS-8 Intersection Congestion
In Section 1V.H (Transportation and Traffic) the EIR found that under cumulative conditions
[projected build-out of the Tiburon Peninsula] the intersection of Mar West Street and Tiburon
Boulevard would operate at an unacceptable level of service.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts to the
intersection will be mitigated to a less-than-significant level by the imposition of Mitigation Measure
TRANS-8. Accordingly, changes or alterations have been required in, or incorporated into, the
proposed project that mitigate or avoid the significant effects on the environment. The impact is
mitigated to a less-than-significant level.
Rationale
The mitigation measure provides that the Town will apply to Caltrans for signalization of the
intersection of Mar West Street and Tiburon Boulevard once a signal warrant is met. The Town will
coordinate with Caltrans when planning and implementing the mitigation; however, the final decision
to approve a traffic signal on the state highway lies with another agency (Caltrans), and not with the
Town. In addition to this mitigation measure, the Town Council has imposed a condition of approval
that the project sponsor shall pay to the Town a reasonable monetary contribution toward the traffic
signal prior to the issuance of a building permit for the project.
Cumulative Impact TRANS-9 Left-Turn Lane Inadequacy
In Section 1V.H (Transportation and Traffic) the EIR found that under cumulative conditions the left
turn lane on eastbound Tiburon Boulevard at the intersection with Mar West Street would have
inadequate queuing distance.
Exhibit "A" to Town Council Resolution No. XX-2011 12
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts to left turns at
the intersection will be mitigated to a less-than-significant level by the imposition of Mitigation
Measure TRANS-9. Accordingly, changes or alterations have been required in, or incorporated into,
the proposed project that mitigate or avoid the significant effects on the environment. The impact is
mitigated to a less-than-significant level.
Rationale
The mitigation measure provides that the eastbound left-turn lane on Tiburon Boulevard leading to
Mar West Street will be lengthened to meet Caltrans requirements and the improvement will be
completed by the project sponsor prior to occupancy of the Library addition. However, final approval
of such an improvement on the state highway lies with another agency (Caltrans), not with the Town.
With implementation of this measure, the impact would be mitigated to a less-than-significant level.
Secondary Impact TRANS-10 Impacts of Constructing the Left-Turn Lane Improvements
In Section IV.H (Transportation and Traffic) the EIR found constructing Mitigation Measure TRANS-
9 would cause secondary impacts on environmental resources.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts to left turn
adequacy will be mitigated to a less-than-significant level by future construction to meet standard
mitigations required by Caltrans for projects on a State highway. Accordingly, changes or alterations
have been required in, or incorporated into, the proposed project that mitigate or avoid the significant
effects on the environment. The impact is mitigated to a less-than-significant level.
Rationale
The EIR concludes that no sensitive resources would be affected. It is expected that standard
construction practices used, and mitigations designed into the improvement plan for this minor
improvement, would reduce all impacts to a less than significant level.
SECTION 3B-LESS-THAN-SIGNIFICANT IMPACTS ADDRESSED THROUGH CONDITIONS OF
APPROVAL IMPOSED ON THE PROJECT
Impact UTIL-1 Water Entitlement
In Section IV.A (Less than Significant Impacts) the EIR found that the project required a water
entitlement. The EIR concluded that incorporation of a condition of approval, found in the DEIR text
at page IV.A-13) would avoid this potential impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts to the water
supply will be less-than-significant by incorporation of the condition set forth in the EIR, and this
condition is attached to the project approval. Accordingly, the proposed project will avoid any
significant utility-related effects on the environment.
Exhibit "A" to Town Council Resolution No. XX-2011 13
Rationale
The EIR concludes that either an additional entitlement will be received or the Town will transfer a
water entitlement from another Town-owned site to meet- the project water need. The impact is
avoided by imposition of the condition of approval to that effect.
Impact CR-1 Cultural Resources
In Section IV.A (Less than Significant Impacts) the EIR found that while no cultural resources were
found at the site, there is the potential for such resources to occur, and they could be damaged by
project construction.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that incorporation of the ext
found at DEIR pages IV.A-3 and 4 as a condition of approval will avoid this potential impact.
Accordingly, the proposed project will avoid any significant cultural resource effects on the
environment.
Rationale
The condition of approval requires monitoring of the site during grading and trenching and appropriate
treatment of any cultural resources identified during that monitoring. The impact is less-than-
significant in that the condition of approval has been imposed on the project.
SECTION 4 - IMPACTS FOUND NOT TO BE SIGNIFICANT
During the normal CEQA scoping process applied to the Belvedere-Tiburon Library Expansion
Project, some environmental impacts were identified as having a "No Impact" or a "Less-Than-
Significant Impact," on the grounds that there was no fair argument that such impacts would occur or
that the impact would clearly be less-than-significant. The Town Council finds that there is no
substantial evidence in the record to repudiate or reverse the decision made during the scoping process
to dismiss the conclusions about these impacts; nor is there substantial evidence in the record that any
impact that might occur has not been adequately examined in the EIR.
The Town Council finds, based on the EIR and the record, that the following impacts identified in the
EIR have no impact or are less-than-significant and do not require mitigation.
In Section IV.A, the Draft EIR describes how the project would have no impact or a less-than-
significant impact on all Environmental Checklist Items associated with Agriculture and Forestry
Resources, Geology and Soils, Hazards and Hazardous Materials, Mineral Resources, Population and
Housing, Public Services, Recreation, and Utilities and Service Systems with the exception that the of
a water entitlement, which was addressed in the previous section.
In addition, the following impacts were deemed to have no or a less-than-significant impact:
Impact AES-2 Damage to scenic resources
Impact AES-3 Degradation of the existing visual character
Impact AES-4 Impacts from new lighting
Exhibit "A" to Town Council Resolution No. XX-2011
14
Impact AQ-3
Exposure of people to substantial air pollution
Impact AQ-4
Odors
Impact AQ-5
Emission of greenhouse gas
Impact BIO-5
Plan conflicts
Impact BIO-6
Biological plan conflicts
Impact HYDRO-2
Effects on groundwater resources
Impact HYDRO-3
Alteration of drainage patterns
Impact HYDRO-7
Construction of housing in a floodplain
Impact HYDRO-8
Construction within a mapped floodplain
Impact HYDRO-10
Construction in areas subject to seiche, tsunami or mudflow
Impact LU-1
Division of an existing community
Impact LU-2
Inconsistency with a land use plan
Impact LU-3
Inconsistency with a habitat or natural community conservation plan
Impact NOISE-3
Substantial permanent noise increase
Impact NOISE-5
Exposure to airplane-generated noise from public airports
Impact NOISE-6
Exposure to airplane-generated noise from private airports
Impact TRANS-1
Unacceptable intersection operation
Impact TRANS-2
Unacceptable roadway operations
Impact TRANS-3
Unsafe traffic conditions
Impact TRANS-4
Conflict with adopted transportation plans
Impact TRANS-5
Inadequate emergency access
Impact TRANS-7
Cumulative intersection operations
SECTION 5 - SIGNIFICANT UNAVOIDABLE IMPACTS
The EIR identified relatively few significant and potentially significant environmental effects (or
impacts) from the Project. As found in Section 3, above, most of these significant effects can be
reduced to less-than-significant through adoption of feasible mitigation measures or conditions of
approval. Certain adverse environmental effects of the Project, however, cannot be reduced to less-
than-significant levels, even with implementation of feasible mitigation measures. For reasons set
Exhibit "A" to Town Council Resolution No. XX-2011 15
forth in Section 7, below, the Town Council has determined that overriding social and other
considerations outweigh the significant and unavoidable impacts of the Project. The following effects
cannot be mitigated to a less than significant level:
Impact AES-1 The project would have a substantial adverse effect on a scenic vista.
Facts and Evidence
In Section 1V.B (Aesthetics) the EIR found that the project would partially block views of Tiburon
Ridge from Tiburon Boulevard and adjacent public vantage points. The RDEIR concluded that
Alternative D would lessen the amount of ridgeline visual blockage and would reduce this impact to a
less-than-significant level, although this is a subjective determination over which reasonable people
may reach different conclusions. The Town Council disagrees with the EIR's conclusion and finds
that the aesthetic impact of Alternative D on the ridgeline would remain significant and unavoidable.
Comment 28-2 on the EIR recommended a significantly stepped-down roof as means to reduce the
Project's aesthetic impact. The impact to the ridgeline could not be reduced to less-than-significant
solely by stepping-down the roof and a significantly stepped-down roof could be aesthetically
unpleasing and inconsistent with existing architecture. The Town therefore finds that this
recommendation is not feasible.
The Town's design review process for the Project may provide opportunities to reduce the aesthetic
impact to a less-than-significant level, because the Library will submit more specific information
about the project's design at that time. However, while evaluating the Project's legislative
entitlements, which the Council must approve before the Library prepares final design plans for design
review, the Council cannot determine whether final design plans could reduce the Project's aesthetic
impact to the ridgeline to a less-than-significant level. To be conservative, the Town therefore,
concludes that even under Refined Alternative D, the Project's aesthetic impact on a scenic vista is
significant and unavoidable.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that approximately 60% of
the view to the Tiburon Ridgeline would be blocked by the project from the vantage point used in the
EIR photo-simulations. This visual impact would be significant and unavoidable if the project is to be
approved.
Rationale
Based on the Project's preliminary design plans, the Project's impact to the view of the Tiburon
Ridgeline is significant. No feasible mitigation measures are available in connection with the
Project's legislative approvals to reduce this impact to less than significant. The aesthetic impact is
therefore considered significant and unavoidable.
Impact AQ-1 The project would emit more criteria air pollutants than assumed in the current Clean Air
Plan.
Facts and Evidence
In Section 1V.C (Air Quality) the EIR found that the project would result in more vehicle miles
traveled (VMT) than the Bay Area Air Quality Management District (BAAQMD) modeled when
Exhibit "A" to Town Council Resolution No. XX-2011 16
preparing its adopted Clean Air Plan. As such, the project is technically assumed to have a significant
air quality impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that while there is not
substantial evidence that the slight increase in VMT would cause a significant decrease in regional air
quality, the fact that the project increases VMT is considered a significant impact under the
BAAQMD's CEQA Guidelines. This air quality impact would be considered significant and
unavoidable.
Rationale
There is no feasible mitigation to reduce the VMT if the project is to be approved. As such, the impact
remains a significant and unavoidable air quality impact.
Impact NOISE-2 Project construction would cause substantial ground vibration.
Facts and Evidence
In Section 1V.G (Noise) the EIR found that during construction ground vibration would exceed
Federal Transit Administration's (FTA) infrequent threshold for such vibration. As such, the project is
technically assumed to have a significant ground vibration impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that while during
construction there would be short time periods when the FTA threshold would be exceeded; however,
there is no substantial evidence that such vibrations would adversely affect nearby structures. No
mitigation measure was identified that would reduce the vibration to below the FTA threshold. This
vibration impact would be considered significant and unavoidable.
Rationale
There is no feasible mitigation to reduce the short-term vibration impact. As such, the impact remains
a significant and unavoidable impact.
Impact NOISE-4 Project construction would cause substantial short-term noise.
In Section IV.G (Noise) the EIR found that project construction would result in periods of substantial
noise.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that even though the project
would be subject to Town requirements regulating construction, there would be periods of substantial
noise during construction. This short-term noise impact would be considered significant and
unavoidable.
Exhibit "A" to Town Council Resolution No. XX-2011 17
Rationale
There is no feasible mitigation to reduce the short-term noise impact. As such, the impact remains a
significant and unavoidable impact.
SECTION 6 -ALTERNATIVES
Where a lead agency has determined, even after the adoption of all feasible mitigation measures, a
project as proposed will still cause one or more significant environmental effects that cannot be
substantially lessened or avoided, the agency, prior to approving the project as mitigated, must first
determine whether, with respect to such impacts, there remain any project alternatives that are both
environmentally superior and feasible within the meaning of CEQA.
Alternatives to the proposed project are discussed on pages 91, to 119 of the RDEIR. The following
alternatives were examined:
Alternative A: No Proj ect/No Build
Alternative B: Alternate Site Plan
Alternative C: Reduced Library
Alternative D: Mitigated Project
As discussed in the RDEIR, Alternative A, the No Project/No Build Alternative, would have the
fewest significant impacts. (RDEIR p. 114.) The CEQA Guidelines require that when the no project
alternative is environmental superior, that another "project" alternative be identified as the
environmentally superior alternative. The environmentally superior alternative from among the other
"project" alternatives is Alternative D, the Mitigated Project Alternative, which would avoid the
significant and unavoidable impact to biological resources and reduce, though not to a less-than-
significant level, the Project's aesthetic impact.
In response to comments on the Revised DEIR, the applicant accepted Alternative D as superior to the
originally proposed project and informed the Town that Alternative D (slightly refined) would be the
applicant's proposed project. The potential environmental impacts of the Refined Alternative D are
consistent with Alternative D evaluated in the RDEIR, and Refined Alternative D is environmentally
superior to the project as originally proposed and environmentally superior to the other "project"
alternatives evaluated in the RDEIR.
Scope of Necessary Findings and Consideration for Project Alternatives
These findings address whether the various alternatives substantially lessen or avoid any of the
significant unavoidable impacts associated with the Project (Refined Alternative D) and also consider
the feasibility of each alternative with respect to each impact area. Under CEQA, "[fJeasible means
capable of being accomplished in a successful manner within a reasonable period of time, taking into
account economic, environmental, legal, social, and technological factors." (CEQA Guidelines §
15364.) As explained in greater detail in Section 1 of these findings, the concept of feasibility permits
agency decision makers to consider the extent to which an alternative is able to meet some or all of a
project's objectives. In addition, the definition of feasibility encompasses "desirability" to the extent
that an agency's determination of infeasibility represents a reasonable balancing of competing
economic, environmental, social, and technological factors supported by substantial evidence.
Exhibit "A" to Town Council Resolution No. XX-2011 18
In identifying potentially feasible alternatives to the project, the following Project Objectives were
considered:
• Create new spaces that will allow the Library to -better fulfill its mission as a learning,
technology, and cultural center for all age groups.
• Increase shelving and floor space for library collections in all formats.
• Expand the Children's Room to offer services to children up to age 12. The current space is
adequate only for children up to toddler age.
• Add a new Teen Area that will feature relevant materials and collections, a teen gathering
space, and group and quiet study areas.
• Provide increased seating capacity and work spaces in public areas.
• Create a dedicated technology center with 20 computer stations. The technology center will
allow for hands-on daily training and supported patron computer access.
• Expand programming space to provide
o A meeting room for 80+ adults
o Storytelling space for 30 children and parents
o A conference room for 10-14
o Four small study rooms
Enlarge work and office space for library staff and volunteers
• Create new space for a library bookstore and a small cafe to serve as revenue sources for the
library.
Expand storage space in all areas of the Library.
The Town Council finds that the Final EIR describes a reasonable range of alternatives to the proposed
project which could feasibly obtain the basic objectives of the project, and that the Council has
evaluated the comparative merits of the alternatives and has selected Alternative D (Mitigated Project)
in favor of approval over the other alternatives. The Town Council finds that the alternatives analysis
is sufficient to inform the Town Council and the public regarding the tradeoffs between the degree to
which alternatives to the Project (Refined Alternative D) could reduce environmental impacts and the
corresponding degree to which the alternatives achieve the Project Objectives.
Alternative A - No Project/No Build
Facts
The No Project/No Build Alternative assumes the continuation of existing environmental conditions
with no additional development at this time at any location on the site. It illustrates the effects of
maintaining the status quo (should existing conditions continue).
Exhibit "A" to Town Council Resolution No. XX-2011 19
Findings and Rationale
Potential environmental impacts of the No Project/No Build Alternative are discussed on pages 94
through 97 of the Revised DER While the No Project/No Build Alternative would result in fewer
environmental impacts than the Project (Refined Alternative D), the Town Council finds this
alternative to be infeasible and less desirable than the Refined Alternative D and rejects this alternative
for "[s]pecific economic, legal, social, technological, or other considerations," which include project
benefits discussed in the Statement of Overriding Considerations (Section 7), below, that "make
infeasible the Project alternatives identified in the final EIR." (CEQA Guidelines, § 15091, subd.
(a)(3).) The No Project/No Build Alternative would deprive Peninsula residents of the numerous
social, educational, and cultural opportunities and experiences that would be provided by the Library
expansion and make infeasible any meaningful expansion 'of the Library. In addition, this alternative
would postpone indefinitely the realization of the applicant's objectives for a Library expansion, with
which the Town Council in very large part agrees and supports. The No Project/ No Build Alternative
would fail to achieve any of the project objectives. Further, the No Project/No Build Alternative is
inconsistent with General Plan Policy DT-35, which provides that the Town should "[s]upport an
appropriate expansion of the Belvedere-Tiburon Public Library." The No Project/No Build
Alternative is not on balance with the Refined Alternative D in terms of social and other benefits. The
Refined Alternative D is the more desirable choice for the community.
The Town Council finds the No Project/No Build Alternative to be infeasible for the above reasons
and rejects it as a viable alternative to Refined Alternative D.
Alternative B - Alternate Site Plan
Facts
This alternative would expand the existing Belvedere-Tiburon Public Library through the construction
of a two-story addition. Alternative B assumes that this Library addition would be constructed
predominately behind the existing Library. The two-story Library addition would be connected to the
existing Library by a narrow, 1,100 square foot one-story addition crossing a utility easement.
Findings and Rationale
Potential environmental impacts of the Alternate Site Plan Alternative are discussed on pages 97
through 103 of the RDEIR. Refined Alternative D is environmentally superior to the Alternative Site
Plan. The Town Council finds that the Alternate Site Plan Alternative is less desirable than the
proposed project and rejects this alternative for the reasons discussed below.
Based on all environmental factors analyzed, the EIR concluded that while the Alternate Site Plan
Alternative would reduce the impact on scenic views of Tiburon Ridge, it would have more signficant
impacts on biological resources associated with Railroad Marsh than Alternative D (and Refined
Alternative D). The EIR concluded that the operational impact on Railroad Marsh and impact to
special status species of wildlife would remain significant [unavoidable] adverse impacts (RDEIR, p.
101). The EIR also concluded that impacts to hydrology and water quality would be greater than
Alternative D.
The Town Council finds this alternative infeasible and less desirable than Refined Alternative D and
rejects this alternative for "[s]pecific economic, legal, social, technological, or other considerations,"
which include the project benefits, such as providing much-needed space for meeting areas, programs,
children and teen-learning areas, storage and shelving, and technology, as well as other benefits of the
Exhibit "A" to Town Council Resolution No. XX-2011 20
project that "make infeasible the project alternatives identified in the final EIR." (CEQA
Guidelines, § 15091, subd. (a)(3).) The bifurcated physical design of this alternative would be strongly
detrimental to the effectiveness and efficiency of Library operations, and would detract from and make
infeasible the numerous social, educational, and cultural opportunities and experiences that would be
provided by the Library expansion envisioned in Refined Alternative D. Additionally, Alternative B
would not meet the community's goals for Downtown of having new buildings close to Tiburon
Boulevard with parking behind and visually secondary to the building. Therefore, the Alternative Site
Plan Alternative's desirability is not on balance with the Refined Alternative D in terms of its social
and other benefits. Refined Alternative D is the more desirable choice for the community.
Alternative C- Reduced Library
Facts
This alternative would expand the existing Belvedere-Tiburon Public Library through the construction
of a one-story addition. As with Alternative D, Alternative C would also result in changes to vehicular
access points; changes to site parking, including the installation of a new fifty-two (52) space car
parking area behind the existing Library building; and relocation of the existing Zelinsky Park.
Findings and Rationale
Potential environmental impacts of the Reduced Library Alternative are discussed on pages 103
through 106 of the Draft EIR. The primary environmental advantage of this alternative is that it would
lessen the significant aesthetic impact of blocking scenic views of Tiburon Ridge. Based on all
environmental factors analyzed, the EIR concluded that while the Reduced Library would reduce the
impact on scenic views of Tiburon Ridge, it would have more substantial impacts on biological
resources associated with Railroad Marsh than Alternative D (and Refined Alternative D).
The Town Council finds that the Reduced Library Alternative is less desirable than the proposed
project and rejects this alternative for the reasons discussed below. The alternative does not meet the
project objectives of providing substantially expanded space to meet projected community needs (as
described on page III-23 to III-24 of the Draft EIR). The expansion area would be reduced to
approximately 9,000 square feet, compared to the 17,000 square feet in Refined Alternative D, and
would unreasonably deprive and make infeasible the numerous social, educational, and cultural
opportunities and experiences that would be provided by the Library expansion envisioned in
Alternative D. The reduced size of Alternative C would be insufficient to meet the identified needs of
the Library, including space for programs, meetings, shelving, storage, administrative and staff areas,
space for new technology, and children and teen areas. Alternative C would therefore not meet the
intent of General Plan Policy DT-35, which provides that the Town should "[s]upport an appropriate
expansion of the Belvedere-Tiburon Public Library" to the degree that Refined Alternative D achieves
the intent of that policy. Therefore, the Reduced Library Alternative's desirability is not on balance
with the Refined Alternative D in terms of its social and other benefits. Refined Alternative D is the
more desirable choice for the community.
Alternative D - Mitigated Project
This alternative was added as part of the Revised DEIR and is discussed on pages 106 through 114 of
that document. The alternative increased the distance between the library expansion and Town Hall to
reduce the extent of the project's blockage of scenic views of the Tiburon Ridge from Tiburon
Boulevard. It also reduced the parking area to maintain at least a 50-foot buffer between library
improvements and the shoreline of Railroad Marsh. In so doing, the alternative reduced impacts to
Exhibit "A" to Town Council Resolution No. XX-2011 21
biological resources to a less than significant level. The RDEIR also concluded that by increasing the
distance between the library expansion and Town Hall, the significant visual impact identified for the
original project would be reduced to a less than significant level.
The revised project (Refined Alternative D) is consistent with the Mitigated Project Alternative. The
RDEIR identified this alternative as the environmentally superior alternative, so, as this is now the
project, the proposed project is considered environmentally superior to Alternatives A, B, and C.
Alternatives Suggested in Public Comment on the EIR
Comment 29-3 recommended that a combination of Alternative C and D might reduce the Project's
otherwise significant and unavoidable impacts. The comment did not elaborate upon how Alternatives
C and D would be combined. To the extent the Comment is suggesting Alternative D be revised to
include an expansion similar in size to Alternative C, such an alternative would be infeasible for the
same reasons Alternative C is infeasible (see discussion above). To the extent the comment is
suggesting the Project be revised to include a 50-foot setback to Railroad Marsh, the revised project
(Refined Alternative D) the revised project includes a 50-foot setback, consistent with the suggestion.
In his letter dated October 5, 2011, Stephen V. Volker, attorney for Alan Fenster and Janice Binckel-
Fenster, suggested the Town consider a fifth alternative "which would allow a smaller increase in the
size of the library and provide for adequate buffering of Railroad Marsh from the adverse effects of the
Project." As discussed in the Town's findings regarding the Impact BIO-1, Railroad Marsh, above,
the 50-foot setback provided under Refined Alternative D is adequate to ensure impacts to the
Railroad Marsh are less-than-significant. Further, a 100-foot buffer, as Mr. Volker suggested should
be adopted, is infeasible. A smaller building would not be feasible for the same reasons Alternative C
is infeasible. The Town Council therefore concludes the alternative recommended by Mr. Volker is
infeasible.
The Town Council also finds that the range of alternatives presented a reasonable range of Project
alternatives and that the recommended combination of Alternative C and Alternative D (as proposed in
Comment 29-3) and the "fifth" alternative recommended by Mr. Volker are not substantially different
from the alternatives evaluated in the RDEIR. The range of alternatives evaluated in the RDEIR is
sufficient to provide informed decision-making and public participation.
Exhibit "A" to Town Council Resolution No. XX-2011 22
Conclusions Regarding Project Alternatives
Based on the foregoing analysis and pursuant to CEQA Guidelines Section 15126.6, the Town has
considered a reasonable range of alternatives to the proposed project, which could feasibly attain most
of the basic objectives of the project but would avoid or substantially lessen certain significant effects
of the project. Based on this analysis and substantial evidence in the record, the Town finds and
determines that Refined Alternative D is consistent with Alternative D and would result in
substantially similar environmental impacts as Alternative D. Refined Alternative D is
environmentally superior to each of the other alternatives analyzed in the RDEIR, with the exception
of the No Project/No Build Alternative. As explained more fully above, the No Project/No Build
Alternative is not feasible within the meaning of CEQA and therefore is rejected in favor of Refined
Alternative D. Alternatives B and C, are similarly rejected as infeasible and environmentally inferior
to the revised project, Refined Alternative D.
SECTION 7 - STATEMENT OF OVERRIDING CONSIDERATIONS
In accordance with CEQA Guidelines Section 15093, the Town Council, in determining whether to
approve the Project, balanced the economic, social, technological, and other benefits of the Project
against its unavoidable environmental risks, and has found that the benefits of the Project outweigh the
significant adverse environmental effects that are not mitigated to less-than-significant levels, for the
reasons set forth below. The following statements identify the reasons why, in the Town Council's
judgment, the benefits of the Project outweigh its unavoidable significant effects. Any one of the
reasons for approval cited below is sufficient to justify approval of the Project. The substantial
evidence supporting the various benefits can be found in the preceding findings, and in the documents
found in the Record of Proceedings, as defined in Section 2.
After review of the entire administrative record, including, but not limited to the Final EIR, the staff
reports, applicant submittals, and the oral and written testimony and evidence presented at public
hearings, the Town Council finds that specific economic, legal, social, technological and other
anticipated benefits of the project outweigh its significant and unavoidable impacts, and therefore
justify the approval of this Project notwithstanding the identified significant and unavoidable impacts.
(Pub. Resources Code, § 20181; CEQA Guidelines, § 15093.) The Town Council, after review of the
entire administrative record, does hereby determine that implementation of the Project would result in
the following substantial public benefits:
The Library Expansion will allow the Library to adequately meet its existing and projected community
demands.
The overarching project goal is to expand the existing library building - providing room to grow the
collections, programs, and facilities - while maintaining the warmth and character the community
loves. Building with sensitivity toward the needs of library patrons and the beautiful natural
environment, spaces will be created that will allow the library to better serve as a learning, technology,
and cultural center and to fulfill its mission: To encourage and support a literate, enlightened, and
cultured community by providing free and equal access to knowledge, information, ideas, and
entertainment, in a setting conducive to learning.
The Belvedere-Tiburon Library opened in 1997, a 10,500 square foot facility that replaced a small
storefront branch library that had been operated by the Marin County Free Library. For over the past
decade, the Library has provided greatly enhanced service to the residents of Belvedere and Tiburon.
Exhibit "A" to Town Council Resolution No. XX-2011 23
The community has enthusiastically responded to the facility and its services. Use of the Library has
risen steadily. Standing-room audiences attend Library programs. Collection use increases each year.
In 2005, the Library engaged Page + Morris LLC, a library -planning firm, to conduct a space needs
assessment. The study identified significant functional deficits within the existing facility. The
building lacks the space to adequately serve the current service population. Shelving is at capacity.
Seating capacity is limited. Service space for children and youth is inadequate. Space for programs
and Library events cannot support existing community interest. Noise and congestion in the public
spaces are ongoing. Staff work space is extremely limited and inadequate, creating administrative
inefficiency. Storage space is almost non-existent. (Page + Morris LLC, Belvedere-Tiburon Library
Space Needs Assessment Phase 2, Building Program, March 2007 (hereafter referenced as "Needs
Assessment Phase 2"). The Library must be expanded to meet both current and future service needs.
The Library Expansion will address these needs by creating a new space that will allow the Library to
better fulfill its mission as a learning, technology, and cultural center for all groups, increasing
shelving and floor space for library collections in all formats, expanding the Children's Room, adding
a new Teen Area, providing increased seating capacity and work spaces in public areas, creating a
dedicated technology center, expanding program space, enlarging work and office space for staff and
volunteers, and expanding storage space in all areas of the Library. In addition the new space for the
library bookstore and small cafe will serve as revenue sources for the library and attractive gathering
locations for the community.
The Library Expansion will help to build a superlative collection in all formats.
As explained in the Belvedere-Tiburon Library Project Summary and Objectives (August 18, 2010),
prepared by the project applicant, "[t]he library is not just above books, but about information." The
borrowing of library materials has increased every year since 1997. By expanding the library, there
will be the space we need to continue adding materials that keep the Library's collection up-to-date
and expand its scope. Much of the growth will be seen in the expanded children's room and in the
new teen area.
The Library Expansion will incorporate new spaces large enough to further the library's role in serving as a
central community resource, offering program areas, art exhibition space, meeting rooms, and group and
private study areas.
The existing Library has a meeting room that can house 44 people. Group study and meeting spaces
are non-existent. The Library Expansion will have a quiet 10 to 14 person community conference
room plus four quiet individual and group study rooms. It will include an expanded Founders Room
that will increase the capacity of the current programming space from 44 to 80 people. Through the
expansion, the library will be in a unique position to become a true community commons, offering
public programs, meeting spaces, communal reading areas, group study space, story hours,
exhibitions, and other community events.
The Library Expansion will provide a children's learning center.
The Library Expansion will help the Library become a children's learning center, providing resources
and an environment that cultivates curiosity and love of knowledge and learning in the community's
youngest members. With a larger children's room, the library will build participation in existing
successful programs for youngsters and add new activities - teaching them about diverse cultures,
Exhibit "A" to Town Council Resolution No. XX-2011 24
engaging them with nature, turning-on young imaginations, and instilling a love of learning and
reading from the beginning. The Library Expansion will include story hour room, a family support
collection, up-to-date technology, tables for study, and homework centers.
The Library Expansion will provide much-needed teen space for learning resources, teen focused programs,
and group and private study areas.
The Library Expansion will enable the library to provide teen-focused programs and includes group
and private study areas. The Project includes a dedicated teen area that will have space for a collection
of teen materials (e.g., resources for projects, help with college applications, and support for doing
homework and research). It will include group study areas and quite places to work with tutors.
The Library Expansion will provide the space to provide additional computers and technology.
A goal of the Library is to offer greater assistance and training and make new and challenging
technologies accessible to patrons. The library must continue to adapt to technology trends in order to
best serve the community and provide up-to-date computers, software, and other technology and
information resources, both within the library and remotely through its website. The Project will
provide space for increased use of automated self-service and current library technologies for patrons
and for library staff efficiency. The Project will also allow for more self-check machines will make
taking home library materials faster and easier. Having space for recent library technologies will
allow for the self-check in of materials and automated sorting of items that speed the shelving process.
The Library Expansion will provide a better workspace for staff and volunteers.
The existing Library's workspaces and storage areas are overcrowded. The Project will provide more
room for administrative functions and storage for all of the library's operations and functions,
including office supplies, seasonal materials, program needs, equipment, and tables and chairs.
The Library Expansion will provide a small cafe and donated book sale area for the Library patron use and
enjoyment
The Library Expansion will provide a small cafe at which patrons can meet friends, read the
newspaper, take a break from studying and similar activities. The cafe and donated book sale area will
also provide a revenue resource for the library. The donated book sale area will provide a convenient
place for patrons and residents to donate books and offer them to other library users.
Conclusion
The Town Council has carefully balanced the benefits of the proposed Project against the unavoidable
adverse effects identified in the EIR. Notwithstanding the disclosure of impacts identified in the EIR
as significant and which have not been eliminated or mitigated to a level of insignificance, the Town
Council, acting pursuant to sections 15093 and 15096, subdivision (h) of the CEQA Guidelines,
hereby determines that the public benefits of approving the Project outweigh the significant
unmitigated adverse environmental impacts for the reasons, amply set forth in the Record, that the
Library Expansion project will provide numerous invaluable social, educational, and cultural
opportunities and experiences to residents of the Tiburon Peninsula.
IltownllsharedlAdininisti-ationlTown CouncillStaffReports120111Nov 2 draftslLibrarv Expansion CEQA Findings reso ExhibitAv2.DOC
Exhibit "A" to Town Council Resolution No. XX-2011 25
RESOLUTION NO. XX-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING GENERAL PLAN AMENDMENTS ASSOCIATED WITH A PROPOSED
EXPANSION OF THE BELVEDERE-TIBURON PUBLIC LIBRARY
LOCATED AT 1501 TIBURON BOULEVARD
The Town Council of the Town of Tiburon does hereby resolve as follows:
WHEREAS, the Town of Tiburon is in receipt of an application (File #GPA
2008-02) for general plan amendments to modify the text of Policy OSC-20 of the Open
Space and Conservation Element regarding setbacks from wetlands, and to re-designate
certain lands on the Tiburon General Plan Land Use Diagram 2.2-1 as follows:
1. Approximately 16,250 square feet of land located north of and directly behind
the existing BTLA property at 1501 Tiburon Boulevard and the Town Hall
property at 1505 Tiburon Boulevard from Open Space to Public/Quasi-Public
for the purposes of expanding the existing Library facility; and
2. Approximately 11,750 square feet of the existing Tiburon Town Hall parcel at
1505 Tiburon Boulevard from Neighborhood Commercial to Public/Quasi-
Public to correct a prior mapping error; and
WHEREAS, the Tiburon Planning Commission held a duly noticed public hearing
on September 14, 2011, heard testimony from interested persons, and adopted Resolution
No. 2011-15 making recommendations to the Town Council concerning the proposed
general plan amendments; and
WHEREAS, the Town Council held a duly noticed public hearing on October 5,
2011, at which testimony was received and considered from interested persons. The
Town Council also received and considered the recommendations of the Planning
Commission; and
WHEREAS, the Town Council has previously by separate resolution certified an
Environmental Impact Report for the Library expansion project, including the general
plan amendments contemplated herein; and
WHEREAS, the Town Council has previously by separate resolution adopted
Findings of Fact pursuant to the California Environmental Quality Act and has adopted
findings of overriding considerations to approve the project despite remaining significant
environmental effects; and
Tiburon Town Council Resolution No. XX-2011 --1--12011
EXHIBIT NO.~,
WHEREAS, the Town Council agrees with the Planning Commission's
recommendation that the proposed amendment to Policy OSC-20 regarding a 100-foot
buffer between wetlands and development is unnecessary, because the Council finds the
following:
1. The policy is intended to be sufficiently flexible to permit a project that
encroaches into the 100-foot setback, if the biological impact to the nearby wetland
(Railroad Marsh) would be mitigated to a less-than-significant level. The Council agrees
with the EIR that the proposed mitigation measures will mitigate the impact on the
Railroad Marsh to a level of insignificance.
2. The project is consistent with Policy OSC-20 because the 100-foot setback
specified in the Policy is not feasible at this location. A 100-foot setback line from the
Marsh shoreline is depicted at p. 80 of the Final EIR, and demonstrates that
approximately 30 of the 52 spaces depicted in the proposed parking lot would encroach
into the 100-foot buffer. Furthermore, there would be insufficient space to create a
workable circulation flow for the remaining parking spaces, resulting in the virtual
elimination of on-site parking. Even if Town required the Library to reduce the size of
the expansion, the Library could not significantly reduce the extent of the encroachment.
Accordingly, neither the original project nor any of the "build" alternatives examined by
the EIR would be feasible if the Town requires a 100-foot buffer.
3. The presence of a 15-foot wide utility easement directly behind the
existing Library building, said easement holding the outfall pipe for the multiple-agency
Sewerage Agency of Southern Marin (SASM), further limits other opportunities for
structural expansion behind the Library building.
WHEREAS, the Town Council finds that the proposed General Plan amendments
are, on balance, consistent with the goals and objectives of the Tiburon General Plan, as
set forth in the certified EIR for the project and the staff reports dated September 14, 2011
and October 5, 2011. Specifically, the Town Council finds that the public library use
would serve a very broad segment of the Tiburon Peninsula's population and is
reasonable justification for the necessary general plan amendments.
NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby amend General Plan Diagram 2.2-1 (Land Use Diagram) to re-
designate the approximately 16,250 square feet of land, as depicted on attached Exhibit
"A", comprising a portion of Lot 10 of the Point Tiburon Subdivision, from OS (Open
Space) to P (Public/Quasi-Public).
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon
does hereby amend General Plan Diagram 2.2-1 (Land Use Diagram) to re-designate the
approximately 11,750 square feet of land, as depicted on attached Exhibit "B",
comprising a portion of Marin County Assessor Parcel 58-171-92, from NC
(Neighborhood Commercial) to P (Public/Quasi-Public).
Tiburon Town Council Resolution No. XX-2011 --1--12011 2
BE IT FURTHER RESOLVED that the above amendments are approved for the
purpose of constructing an expansion to the Belvedere-Tiburon Public Library facility,
and that such expansion shall be subject to the following conditions, said conditions to be
fulfilled as part of or incorporated into any approval of subsequent detailed site plan and
architectural drawings for the library expansion project:
1) The conceptual expansion plans associated with these approvals are the
drawings (14 sheets) dated October 5, 2011, prepared by EHDD
Architecture, depicting the Refined Alternate D project. Said drawings,
date-stamped "Received September 28, 2011 Planning Division" are
available for review in the offices of the Town of Tiburon Community
Development Department. The building design and architecture shown on
said drawings shall be revised to reduce the visual impression of excessive
mass, bulk and scale as viewed from Tiburon Boulevard. These revisions
do not necessarily require, but do not preclude, square footage reductions
prior to approval of detailed site plan and architectural drawings by the
Town Council. The Town Council intends that these design and
architectural revisions somewhat reduce or ameliorate view blockage of
the Tiburon Ridge from Tiburon Boulevard.
2) A Native American monitor and a qualified archaeologist shall be present
during construction grading and trenching. In the event that additional
subsurface archaeological resources are encountered during the course of
grading and/or excavation, all development shall temporarily cease in
these areas until the Town's Planning Division is contacted and a qualified
archaeologist properly assesses the resources and makes recommendations
for their disposition. Prehistoric archaeological site indicators include:
obsidian and chert flakes and chipped stone tools; grinding and mashing
implements (e.g., slabs and handstones, and mortars and pestles); bedrock
outcrops and boulders with mortar cups; and locally darkened midden
soils. Midden soils may contain a combination of any of the previously
listed items with the possible addition of bone and shell remains, and fire
affected stones. Historic period site indicators generally include: fragments
of glass, ceramic, and metal objects; milled and split lumber; and structure
and feature remains such as building foundations and discrete trash
deposits (e.g., wells, privy pits, dumps). Construction activities could
continue in other areas. If any findings are determined to be significant by
the archeologist, they shall be subject to scientific analysis;
duration/disposition of archaeological specimens as agreed to by the
Native American community, land owner, and the Town; and a report
prepared according to current professional standards. The project sponsor
shall bear all reasonable costs associated with such monitoring,
assessment, and disposition of artifacts.
Tiburon Town Council Resolution No. XX-2011 --1--12011
3) If human remains are encountered, excavation or disturbance of the
location shall be halted in the vicinity of the find, and the county coroner
contacted. If the coroner determines the-remains are Native American, the
coroner shall contact the Native American Heritage Commission. The
Native American Heritage Commission shall identify the person or
persons believed to be most likely descended from the deceased Native
American. The most likely descendent shall make recommendations
regarding the treatment of the remains with appropriate dignity.
4) To secure an additional water entitlement, the project sponsor shall
complete a Water Service Application and pay any required fees or the
project sponsor shall transfer an unused entitlement from another site.
5) Prior to issuance of a building permit, the Town and Library Agency shall
agree upon, and the Library Agency shall pay to the Town, a reasonable
monetary contribution toward signalization or other safety and/or capacity
improvements, including possible installation of a rotary/traffic circle, at
the Tiburon Boulevard/Mar West Street intersection.
6) Any detailed site plan and architectural drawings subsequently submitted
pursuant to this approval shall depict parallel parking spaces along
Tiburon Boulevard in front of the pedestrian plaza area proposed between
Tiburon Town Hall and the Library addition. The Town Council may, in
its sole discretion, choose to establish a "no parking zone" along Tiburon
Boulevard, approximately 40 feet in length, in this area.
7) The project sponsor shall absorb all reasonable costs for the relocation of
the Landmarks Society's pictorial exhibit located near the intersection of
Tiburon Boulevard and Mar West Street to another appropriate location, if
feasible, to approximate the vantage point shown in the pictorial exhibit.
8) A minimum of two (2) handicap-accessible parking spaces shall be
installed along the Tiburon Boulevard frontage of the project to off-set the
loss of such spaces in close proximity to the Town Hall front entrance.
The Library Agency shall be responsible for all costs associated with
installation of these parking spaces, including any ramps between the
street and plaza levels that may be necessary to accommodate wheelchairs.
BE IT FURTHER RESOLVED that the Town Council hereby adopts a Mitigation
Monitoring Program (MMP) for the Library Expansion Project, said MMP being attached
as Exhibit "C" hereto and incorporated herein. Said Library Expansion Project includes
applications GPA 2008-02, R 2008-01, 30804, 40801 and all trailing and/or subsequent
permits issued pursuant thereto and in reliance thereon.
Tiburon Town Council Resolution No. XX-2011 --1--12011 4
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on , 2011, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachments: Exhibits "A", "B", and "C"
S: WdministrationlTown CouncillStaffReports12011 Wov 2 draftslgeneral plan amend reso Library and Town Hall 0.doc
Tiburon Town Council Resolution No. XX-2011 --1--12011
fro
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Source: hhp:llgis.co.marin.ca.us/MtADataviewer, April 27, 20W Tiburon Zoning Map & General Plan Land Use Diagram.
Exhibit "AArea to be re-designated from Open Space to
Public/Quasi-Public on Tiburon General Plan Land Use
Diagram 2.2-1
= Project Site
OS Open Space
P Public/Quasi-Public
NC Neighborhood Commercial
0 Office
r ~
Exhibit "B" Area to be re-designated from Neighborhood
Commercial to Public/Quasi-Public on Tiburon General
i ~
Plan Land Use Diagram 2.2-1
MITIGATION MONITORING PROGRAM
BEL VEDERE- TIBURON LIBRARY EXPANSION PROJECT
INTRODUCTION
The California Environmental Quality Act (CEQA) requires a public agency to adopt a monitoring
program when approving a project in order to mitigate or avoid significant effects on the
environment (Public Resources Code section 21081.6). The program is based on the findings
and the adopted mitigation measures presented in an Environmental Impact Report (EIR) that
has been prepared on the project and certified by the lead agency. The program must be
designed to ensure compliance during project implementation.
Pursuant to the CEQA Guidelines, a Mitigation Monitoring Program (MMP) must cover the
following:
• The MMP must identify the entity that is responsible for each monitoring and reporting task,
be it the Town of Tiburon (as lead agency), other agency (responsible or trustee agency), or
a private entity (i.e., the project sponsor).
• The MMP must be based on the project description and the required mitigation measures
presented in the environmental document prepared for the project and certified by the lead
agency.
• The MMP must be approved by the lead agency at the same time of project entitlement
action or approvals.
MMP's are typically designed in chart and checklist format for ease of monitoring.
PURPOSE AND USE OF THE MONITORING PROGRAM
The purpose of the monitoring program is to provide the Town of Tiburon with a simple guideline
of procedures to ensure that the required mitigation measures are implemented. Since each
required mitigation measure must be implemented, a monitoring chart was created, which is
attached hereto. This chart provides the following information and direction for use.
1) The mitigation number from the Final EIR is listed in the first column.
2) The required mitigation measures are listed in the second column.
3) The third column lists the timing as to when the mitigation measure is to be implemented.
4) The fourth column lists the agency or entity responsible for implementing the mitigation
measure.
5) The fifth column lists the monitoring agency or entity.
6) The sixth column lists the sanctions if the mitigation measure is not implemented.
Belvedere-Tiburon Library Expansion Project y
Mitigation Monitoring Program
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ORDINANCE NO. N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REZONING CERTAIN PROPERTY FROM
OS (OPEN SPACE) TO P (PUBLIC/QUASI-PUBLIC) ZONE TO
ACCOMMODATE AN EXPANSION OF THE
BELVEDERE-TIBURON PUBLIC LIBRARY
ASSESSOR PARCEL NO. 58-171-62 (portion)
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. RECITALS AND FINDINGS.
1. The Town of Tiburon is in receipt of an application (File #R2008-02) filed
by the Belvedere-Tiburon Library Agency (BTLA), to rezone
approximately 16,250 square feet of land located north of and directly
behind the existing BTLA property at 1501 Tiburon Boulevard and the
Tiburon Town Hall property at 1505 Tiburon Boulevard for purposes of an
expansion to the existing Library facility.
2. The Tiburon Planning Commission held a duly noticed public hearing on
September 14, 2011, heard testimony from interested persons, and adopted
Resolution No. 2011-15 recommending approval of the rezoning to the
Town Council.
3. The Town Council held a duly noticed public hearing on October 5, 2011,
at which testimony was received and considered from interested persons.
The Town Council also received and considered the report and
recommendations of the Planning Commission.
4. The Town Council has previously certified an Environmental Impact
Report for the project, including the proposed rezoning.
5. The Town Council finds that the proposed rezoning is consistent with the
General Plan and other applicable plans, will not be detrimental to the
public health, safety or welfare of the Town, and is consistent with the
objectives and requirements of the Zoning Ordinance.
SECTION 2. APPROVAL OF REZONING.
The approximately 16,250 square feet of land, as depicted on attached Exhibit
"A", comprising a portion of Lot 10 of the Point Tiburon Subdivision, is hereby rezoned
from OS (Open Space) to P (Public/Quasi-Public) Zone on the Tiburon Zoning Map.
Town of Tiburon Ordinance No. N.S. Effective --1--12011
EXHIBIT NO.
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of the court of competent
jurisdiction, such section, subsection, sentence, clause or phrase shall be deemed
severable and shall not affect the validity of the remaining portions of the Ordinance. The
Town Council of the Town of Tiburon hereby declares that it would have passed this
Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases may be
declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect and be in force thirty (30) days after the date of
passage and before the expiration of fifteen (15) days after its passage a copy of the
ordinance shall be published with the names of the members voting for and against it at
least once in a newspaper of general circulation published in the Town of Tiburon.
This Ordinance was introduced at a meeting of the Town Council held on October
5, 2011, and was adopted at a regular meeting of the Town Council of the Town of
Tiburon on , 2011, by the following vote:
AYES : COUNCILMEMBERS :
NOES: COUNCILMEMBERS :
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachment: Exhibit "A"
SAAdministration\Town Council\Staff Reports\2011\0ctober 19 drafts\rezone ord Library project 2nd reading.doc
Town of Tiburon Ordinance No. N.S. Effective --1--12011 2
rVWWM-4 Project Site
OS Open Space
P Public/Quasi-Public
NC Neighborhood Commercial
O Office
Source
Exhibit "A" Area to be re-zoned from Open Space to Public/Quasi-
Public on the Tiburon Zoning Map
ORDINANCE NO. N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REZONING CERTAIN PROPERTY FROM
NC (NEIGHBORHOOD COMMERCIAL) TO P (PUBLIC/QUASI-PUBLIC)
ZONE TO CORRECT A PRIOR MAPPING ERROR
ASSESSOR PARCEL NO. 58-171-92
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. RECITALS AND FINDINGS.
1. The Town of Tiburon is in receipt of an application (File #R2008-02) to
rezone approximately 11,750 square feet of land comprising
approximately the eastern half of the Tiburon Town Hall parcel at 1505
Tiburon Boulevard for the purposes of correcting a prior mapping error on
the Tiburon Zoning Map.
2. The Tiburon Planning Commission held a duly noticed public hearing on
September 14, 2011, heard testimony from interested persons, and adopted
Resolution No. 2011-15 recommending approval of the rezoning to the
Town Council.
3. The Town Council held a duly noticed public hearing on October 5, 2011,
at which testimony was received and considered from interested persons.
The Town Council also received and considered the report and
recommendations of the Planning Commission.
4. The Town Council has previously certified an Environmental Impact
Report for the project, including the proposed rezoning.
5. The Town Council finds that the proposed rezoning is consistent with the
General Plan and other applicable plans, will not be detrimental to the
public health, safety or welfare of the Town, and is consistent with the
objectives and requirements of the Zoning Ordinance.
SECTION 2.
APPROVAL OF REZONING.
The approximately 11,750 square feet of land, as depicted on attached Exhibit
"A", comprising a portion of Marin County Assessor parcel 058-171-92, is hereby
rezoned from NC (Neighborhood Commercial) to P (Public/Quasi-Public) Zone on the
Tiburon Zoning Map.
Town of Tiburon Ordinance No. N.S. Effective --1--12011
E 71IBIT INTO.
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of the court of competent
jurisdiction, such section, subsection, sentence, clause or phrase shall be deemed
severable and shall not affect the validity of the remaining portions of the Ordinance. The
Town Council of the Town of Tiburon hereby declares that it would have passed this
Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases may be
declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect and be in force thirty (30) days after the date of
passage and before the expiration of fifteen (15) days after its passage a copy of the
ordinance shall be published with the names of the members voting for and against it at
least once in a newspaper of general circulation published in the Town of Tiburon.
This Ordinance was introduced at a meeting of the Town Council held on October
5, 2011, and was adopted at a regular meeting of the Town Council of the Town of
Tiburon on , 20115 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS :
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachment: Exhibit "A"
S: WininistrationlTown CouncillStaff Reports1201110ctober 19 draflslrezone ord Library project Town Hall Parcel 2nd reading.doc
Town of Tiburon Ordinance No. N.S. Effective --1--12011 2
Pro ect Site
OS Open Space
P Public/Quasi-Public
NC Neighborhood Commercial
O Office
Source: http://gis.co.marin.ca.us/MMDataviewer, A
Exhibit "A" Area to be re-zoned from Neighborhood Commercial to
Public/Quasi-Public on the Tiburon Zoning Map
ORDINANCE NO. N. S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AMENDING THE POINT TIBURON
(NORTHWESTERN PACIFIC RAILROAD) MASTER PLAN (PD#42) TO
ACCOMMODATE AN EXPANSION OF THE
BELVEDERE-TIBURON PUBLIC LIBRARY
LOCATED AT 1501 TIBURON BOULEVARD
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. RECITALS AND FINDINGS.
1. In 1979, the Town adopted Ordinance No. 219 N.S. approving the Northwestern
Pacific Railroad Master Plan, said Master Plan designating the westernmost
portion of the 38-acre former railroad property (adjacent to Mar West Street and
depicted on attached Exhibit "A") for Open Space use.
2. The Northwestern Pacific Railroad Master Plan area was subsequently developed
as the Point Tiburon Subdivision.
3. In 1984, the Town of Tiburon accepted, as part of the Point Tiburon Final
Subdivision Map, an offer of dedication from the owner of the property (The
Innisfree Companies) for the subject and adjacent property (collectively identified
as Lot 10 of the Point Tiburon Subdivision) as "public open space and flood
control use", said offer of dedication containing reversionary clauses if used for
other purposes.
4. In October 1997, The Innisfree Companies fully and forever released any
reversionary rights to Lot 10 in a Settlement Agreement and General Mutual
Release document recorded on January 8, 1999 as Serial Number 1999-0001725
of Marin County Records.
5. In 2004, the Town Council approved an amendment to the Point Tiburon Master
Plan to re-designate an approximately 16,000 square foot portion of Lot 10 from
"Open Space" to "Public use, including public buildings".
6. The Town of Tiburon is currently in receipt of an application from the Belvedere-
Tiburon Library Agency (BTLA) to amend the aforesaid Master Plan by allowing
the designation of an additional approximately 16,250 square feet of Lot 10 for
Public uses, including public buildings, in order to accommodate a future
expansion of the Library facility.
7. The Tiburon Planning Commission held a duly noticed public hearing on
Town of Tiburon Ordinance No. N. S. Effective --1--12011
EXHIBIT NT0, S
September 14, 2011, heard testimony from interested persons, and recommended
approval of the Master Plan amendment application to the Town Council by
adopting Resolution No. 2011-15.
8. The Town Council has previously certified an Environmental Impact Report for
the project on October 5, 2011.
9. The Town Council held a public hearing on October 5, 2011, heard and
considered all public testimony on the matter, and has reviewed and considered
the entire project record.
10. The Town Council finds that the Master Plan amendment is, on balance,
consistent with the goals and policies of the Tiburon General Plan; is in
conformance with objectives and requirements of the Tiburon Zoning Ordinance;
and is consistent with other provisions of the Point Tiburon Master Plan and Point
Tiburon Precise Plan, as set forth and documented in the Staff Reports dated
September 14, 2011 and October 5, 2011.
11. The Town Council finds that the Point Tiburon Master Plan amendment will not
be contrary to the public health, safety or general welfare of the Town.
SECTION 2. APPROVAL OF MASTER PLAN AMENDMENT.
The Town Council of the Town of Tiburon does hereby amend the Point Tiburon
Master Plan (PD#42) by re-designating (in all material aspects of the Point Tiburon
Master Plan) approximately 16,250 square feet of land, as depicted on attached Exhibit
"B", comprising a portion of Lot 10 of the Point Tiburon Subdivision, from "Open Space
use" to "Public use, including public buildings".
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of the court of competent
jurisdiction, such section, subsection, sentence, clause or phrase shall be deemed
severable and shall not affect the validity of the remaining portions of the Ordinance. The
Town Council of the Town of Tiburon hereby declares that it would have passed this
Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases may be
declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE
This Ordinance shall take effect and be in force thirty (30) days after the date of
passage and before the expiration of fifteen (15) days after its passage a copy of the
Town of Tiburon Ordinance No. N. S. Effective --1--12011 2
ordinance shall be published with the names of the members voting for and against it at
least once in a newspaper of general circulation published in the Town of Tiburon.
This Ordinance was introduced at a meeting of the Town Council held on
, 2011, and was adopted at a regular meeting of the Town Council of
the Town of Tiburon on , 2011, by the following vote:
AYES : COUNCILMEMBERS :
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachments: Exhibits "A" and "B"
SAAdministration\Town Council\Staff Reports\2011 \October 19 drafts\Point Tiburon master plan ord amend Library 2nd reading.doc
Town of Tiburon Ordinance No. N.S. Effective --1--12011 3
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Exhibit "B" area to be changed from Open Space use to Public use (including public buildings and
any uses and structures appurtenant thereto), in the Master Plan and the Precise Plan Map
for the Point Tiburon (Northwestern Pacific Railroad) Planned Development (PD#42)
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AMENDING THE POINT TIBURON
(NORTHWESTERN PACIFIC RAILROAD) PRECISE PLAN (PD#42) TO
ACCOMMODATE AN EXPANSION OF THE BELVEDERE-TIBURON PUBLIC
LIBRARY LOCATED AT 1501 TIBURON BOULEVARD
WHEREAS, in 1979, the Town adopted Ordinance No. 219 N.S. approving the
Northwestern Pacific Railroad Master Plan, said Master Plan (among other things) designating
the westernmost portion of the 38-acre former railroad property for Open Space use; and
WHEREAS, in 1980, the Town adopted Resolution No. 1090 approving the
Northwestern Pacific Railroad Precise Plan. Said Precise Plan depicted the westernmost portion
of the 38-acre site (adjacent to Mar West Street and depicted on attached Exhibit "A") for Open
Space use, consistent with the Master Plan designation; and
WHEREAS, the 38-acre former railroad property was subsequently developed as the
Point Tiburon Subdivision; and
WHEREAS, in 1984, the Town of Tiburon accepted, as part of the Point Tiburon Final
Subdivision Map, an offer of dedication from the owner of the property (The Innisfree
Companies) for the subject and adjacent property (collectively identified as Lot 10 of the Point
Tiburon Subdivision) as "public open space and flood control use", said offer of dedication
containing reversionary clauses if used for other purposes; and
WHEREAS, in October 1997, The Innisfree Companies fully and. forever released any
reversionary rights to Lot 10 in a Settlement Agreement and General Mutual Release document
recorded on January 8, 1999 as Serial Number 1999-0001725 of Marin County Records; and
WHEREAS, in 2004, the Town Council approved an amendment to the Point Tiburon
Precise Plan to re-designate an approximately 16,000 square foot portion of Lot 10 from "Open
Space" to "Public use, including public buildings".
WHEREAS, Town of Tiburon is currently processing an application from the Belvedere-
Tiburon Library Agency (File #30804) to amend the aforesaid Precise Plan by allowing the re-
designation of an additional approximately 16,250 square feet of Lot 10 from Open Spaces use to
Public use, including public buildings; and
WHEREAS, the Planning Commission held a public hearing on September 14, 2011 on
the Precise Plan amendment application, and recommended approval of said application to the
Town Council by adopting Resolution No. 2011-15; and
Tiburon Town Council Resolution No. --/--/2011 Page
WHIT NO.
WHEREAS, the Town Council held a public hearing on October 5, 2011 and heard and
considered all public testimony on the matter, and reviewed and considered the entire project
record, including the recommendation of the Planning Commission; and
WHEREAS, the Town Council has previously certified an Environmental Impact Report
for the project, including the Precise Plan amendment; and
WHEREAS, the Town Council finds that the amendment is consistent with the goals and
policies of the Tiburon General Plan and other applicable plans; is in conformance with
objectives and requirements of the Tiburon Zoning Ordinance; is consistent with other provisions
of the Point Tiburon Master Plan and Point Tiburon Precise Plan; and will not be detrimental to
the public health, safety or welfare of the Town.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon
does hereby approve the Point Tiburon Precise Plan amendment by re-designating (in all material
aspects of the Precise Plan) approximately 16,250 square feet of land, as depicted on attached
Exhibit "B", comprising a portion of Lot 10 of the Point Tiburon Subdivision, from "Open Space
use" to "Public use, including public buildings".
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on , 2011, by the following vote:
AYES : COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachments: Exhibits "A" and "B"
S: UdministrationlTown CouncihStaf Reports1201I Uctober 19 draflslPoint Tiburon precise plan reso Library 10-19.doc
Tiburon Town Council Resolution No. --/--/2011 Page 2
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Exhibit "B" Area to be changed from Open Space use to Public use (including public buildings and
any uses and structures appurtenant thereto), in the Master Plan and the Precise Plan Map
for the Point Tiburon (Northwestern Pacific Railroad) Planned Development (PD#42)
I
ENVIRONMENTAL COLLABORATIVE
Consultation • Documentation • Restoration
1268 64th Street • Emeryville, CA 94608
Phone 510/654-4444 0 FAX 510/655-4444
MEMORANDUM
TO: Ms. Deborah Mazollini
Tiburon-Belvedere Library
1501 Tiburon Boulevard
Tiburon, California 94920
FROM: Jim Martin
ENVIRONMENTAL COLLABORATIVE
DATE: 18 October 2011
e('e
OCT 1 9 2011
SUBJECT: Review of Letter from Stephan C. Volker to Scott Anderson,
Town of Tiburon, dated October 5, 2011
Regarding Comments of Alan and Janice Fenster on Belvedere-Tiburon
Library Expansion Project and Environmental Impact Report
As requested, I reviewed the above letter from Stephan V. Volker, attorney for Alan and Janice
Fenster, regarding the proposed library expansion project and adequacy of the Environmental
Impact Report (DEIR). My memo to you of 7 September 2011 provides a detailed review of the
conclusions in the EIR with regard to potential impacts on biological resources, the adequacy of
proposed setback distances, recommendations from the Railroad Marsh Management Plan, and
conformance with the Tiburon General Plan, together with my conclusions over the significance
of the potential impacts of the proposed project. As I stated in that memo, in my opinion the EIR
is overly conservative regarding the significance of potential impacts of the library expansion
project on biological resources, particularly the remote potential for occurrence of special-status
species and the relationship of the setback zone to nearby Railroad Marsh. Both the proposed
library expansion protect and Alternative D, recommended as the environmentally superior
alternative in the EIR, include provisions that would prevent any direct or indirect impacts on
wetlands and essential habitat for special-status species, and would serve to enhance the
habitat values of nearby Railroad Marsh. These enhancements include installation of barrier
fencing to prevent access by dogs into the marsh as well as installation of native tree, shrub, and
groundcover plantings that would greatly increase the habitat value of the poor quality non-native
grasslands that separate Railroad Marsh from the existing library.
Contrary to the assertion by Mr. Volker, the EIR provides an overly conservative assessment of
the potential impacts of the project on biological resources, including exhaustive mitigation
measures that are designed to ensure no inadvertent take of California red-legged frog and
other sensitive resources. Mr. Volker incorrectly assumes that because Mitigation Measure 1310-
2a includes provisions to excavate burrows within the limits of grading to confirm absence of any
California red-legged frogs on the site, that this must mean that frogs are present. There is no
evidence that frogs occupy the site, or even nearby Railroad Marsh at this point. But because
some amphibians are known to retreat into burrows of gophers and other ground dwelling
animals, the EIR biologist recommended a very conservative method to make sure no frogs
EX'171IBIT NO.
were present. This is a standard measure for ground dwelling species such as adult California
tiger salamander, but is rarely applied to California red-legged frog, and typically only when the
water source is seasonal and there is no nearby surface water available, which is not the case at
Railroad Marsh. Inspecting each burrow is a labor intensive procedure, but would ensure that in
the remote instance a frog was present in Railroad Marsh, dispersed onto the site, and sought
refuge in an existing burrow, that it would not be destroyed during grading and construction, but
would be relocated to the marsh. Keeping the excavated burrows open after inspection ensures
that any dispersing frog does not return to the burrow before construction proceeds. Installation
of the frog barrier fencing and preconstruction surveys by a qualified biologist would serve to
confirm that no frogs remain within the limits of proposed construction. The intent of the
mitigation measure is not an "announced intention to take this species" as suggested by Mr.
Volker, but ensure that an inadvertent take is avoided in the remote instance that a frog
disperses onto the site, as unlikely as that may be.
Similarly, the provision in Mitigation Measure 1310-2a that all work stop and the USFWS and
CDFG be consulted in the remote instance a California red-legged frog is encountered is not a
deferral of mitigation. These agency must be consulted if a listed species such as California red-
legged frog is encountered on any site. Because this species is not suspected to occur on the
site, no provisions for compensatory mitigation have been defined in Mitigation Measure BIO-2a.
The focus of the provisions of this measure are to ensure no inadvertent take occurs in the
remote instance that an individual frog would for some reason disperse from the secure cover
provided by Railroad Marsh and enter the exposed conditions of the site immediately in advance
of initiating construction. Again this is highly unlikely to occur, but the measure defines an
adequate procedure for how to address this scenario and acknowledges that the resource
agencies could have additional requirements they would impose on the project if an individual
frog is encountered.
My memo of 7 September 2011 provides a detailed review of the adequacy of the proposed
setback distances from Railroad Marsh, which have been confirmed by the EIR biologist as well,
and I won't address Mr. Volker's comments regarding General Plan Policy OSC-20 and the
Railroad Marsh Management Plan again in this memo.
I trust this provides you with useful information regarding this matter. Please let me know if you
have any questions regarding the above.
2
13 Marsh Road
Tiburon, California 94920
Scott Anderson,
Tiburon's community development director
Tiburon Town Hall,
1505 Tiburon Blvd.
Tiburon, California 94920
Dear Mr. Anderson,
October/5, 2011
OCT 0 2011
The world's rivers, lakes, wetlands and streams have a tremendous
impact on everyone's lives. But, development and pollution of these
areas result in the loss of an average of hundreds of thousands of
acres of wetlands each year.*
As a home owner on Marsh road, I am concerned your planned
parking expansion for the library will directly harm our pristine marsh
by contributing added pollution and disruption to the many varied
examples of the wild animal, bird, marine and reptile life flourishing in
our wetlands.
While I support the Library, and recognize it as a valuable asset to
our community, I am not convinced that the location of the planned
parking expansion will not cause a detrimental, irreversable
ecological effect to our thriving Railroad Marsh.
I urge you to reconsider where the best use of additional parking
(although it appears ample parking is already available) should be
designated for the Library.
Sincerely,
J i e'~ Fro~n
* Theodore Roosevelt Conservation partnership
From: Jill B [mailto:jillgbarnett@hotmail.com]
Sent: Saturday, October 22, 20112:34 PM
To: jsfraserl@comcast.net; jslavitz@comcast.net; rctib2@gmail.com; askalicenow@usa.net; .
emmett@vikingind.com
Subject: Library Expansion
0~'T 2~,,1
Dear Town Council Members,
Having attended last week's Town Council meeting I would like to make a few comments regarding the
library, as my husband and I had to leave the meeting before its conclusion.
First, thank you for your volunteer effort to be a Town Council member. Having done lots of volunteer
work, including being a former member of the Library Foundation Board, I know the amount of time and
energy you bring to this job.
I have to agree with Richard Collins, Jim Fraser and Jeff Slavitz regarding the mass and bulk of the
proposed library expansion. Although Alice Fredricks made a good effort to use her flip camera in order to
demonstrate her point of view, the camera does not capture the true impact on the massive size and
obstruction of open space and view the addition would create. Even the story poles previously placed do
not give the full impact of this huge addition.
One or two of the council members said they would not comment on the utilization of space proposed by
the library. But that is what is driving the request for more space. Perhaps the outdoor patio by the
Childrens' room could be enclosed to provide more space. Has the utilization of the patio been tested?
And why build a cafe, when you have been trying to encourage people to use the vendors that already
exist downtown? We don't need more computers. In this particular town, I would be surprised if
everyone doesn't own a computer.
Regarding the additional traffic that would be created by expanding the library--- I personally try to avoid
travel on Tiburon Blvd. between 7-9am and 1:30-3:30pm because of the intolerable traffic jams that are a
daily occurrence. Sometimes this is impossible and it is maddening to sit in the worst traffic.
I agree with Richard Collins when he said everyone he speaks to is against this project. Everyone, I
speak to is against this project. As I was having a manicure last week in Tiburon, everyone in the shop
was discussing the library expansion. The consensus was they were against it. Perhaps you should take
a survey of the community before embarking on such an expensive project.
Finally, blocking the view of the open space that we have been paying for so many years is just not right.
Many thanks,
Jill Barnett
JilIGBarnett(cD-hotmail.com
Town Council Meetin
TOWN OF TIBURON g
November 2, 2011
1505 Tiburon Boulevard
4~.r Tiburon, CA 94920 Agenda Item:
•A { 147
1 -2
To: Mayor and Members of the Town Council
From: Community Development Department
Subject: Alta Robles Precise Development Plan (PD #20); 3825 Paradise Drive;
File # 30701; Consider Precise Development Plan and Prezoning for a 14-
unit residential project on approximately 52 acres; Assessor Parcel
Numbers 039-021-13 and 039-301-01 (Continued from August 31,
Se tembber 21 and October 5, 2011)
Reviewed By:
BACKGROUND
The Town Council discussed this item and its meeting of August 31, 2011, provided direction to
the applicant, and continued the item to the meeting of September 21, 2011. That meeting was
cancelled and the item automatically continued to the next Council meeting on October 5, 2011.
On September 21, 2011, the Town received a written request from the applicant for a continuance
of the item to the regular meeting of November 2, 2011. On October 19, 2011, the Town received
another request (Exhibit 1) from the applicant for a further continuance of the item to the regular
meeting of November 16, 2011.
RECOMMENDATION
Staff recommends that the Town Council continue the item without discussion to the regular
meeting of November 16, 2011.
EXHIBITS
1. E-mail from Scott Hochstrasser dated October 19, 2011.
Prepared By: Daniel M. Watrous, Planning Manager
TOWN OF TIBURON PAGE 1 OF 1
Dan Watrous
From: IPA, Inc. [slh1ipa@aol.com] - -
Sent: Wednesday, October 19, 2011 4:51 PM
To: Dan Watrous; Scott Anderson
Cc: Peggy Curran; arielrabin@gmail.com; shira.weissman@rabin.com; daniel.rabin@rabin.com;
irving.rabin@rabin.com; rhurd@rflawllp.com; slh1 ipa@aol.com
Subject: Re: Alta Robles status
Hi Dan,
Thank you for your voice mail yesterday clarifying that if we can not make the submission for Alta Robles
this week, in time for staff to review and prepare reports for the November 2, 2011 Town Council meeting,
that November 16 or a special meeting date may be possible. As it turns out our team is struggling to
meet the deadline for submission of a final concept plan this week. Accordingly, please let this email be a
formal request to continue this matter to the Town Council meeting bf November 16, 2011.
Please let me know immediately if this request can not be granted, otherwise we will assume the
matter will be scheduled for further consideration at the regular meeting of the Town Council on
November 16, 2011
Sincerely,
Scott L. Hochstrasser, President
IPA,Inc. (International Planning Associates)
42 Glen Drive, Suite B
Fairfax, California 94930
Office (415)459-6224
Fax (415)459-5810
Cell 415-572-2777
EXHIBIT NO.
IMMUMMOMW
Page 1 of 2
t
,4T.
Scott Anderson LATE MAIL #
y
From: Connie Peirce [connie94920@yahoo.com]
Sent: Monday, October 31, 2011 10:47 AM D EC EIVE
To: Scott Anderson
Cc: Debbie Mazzolini OCI 3 1 2011
Subject: Town Council re Library Expansion 1(; ; f
TOWN CLERK
TOWN OF TIBURON
Dear Town Council,
I would like to commend you and thank you for the conscientiousness with which you are
approaching the Library Agency's application for an expansion project. I find your dialogue and
demeanor thoughtful, professional and respectful, and truly quite heartening in this age in which
chaos seems to reign in any number of venues.
Additionally, I would like to respond to a couple of comments made at the Oct. 19 meeting.
First, I must respectfully disagree with Councilmember Emmett O'Donnell's statement, in his
discussion of the view corridor, that "no one resides there." I understood his comment to mean: no
one's view from inside one's own home will be negatively impacted. While my husband, Bob, and I
wish to work co-operatively and in concert with the Library Agency, 'Refined Alternative D' will
significantly impact the views available to us - both from our current home and from all the
proposed remodels that have been drawn for us by our architect over the past 3-4 years. All the
proposed remodels have significantly more second story windows facing Old St. Hilary's (OSH) than
now. (FEMA's designation of the lagoon as a flood zone and the current, subsequent lack of clear
building regulations for the lagoon - and now uncertainty about the library's expansion - has
stymied our proceeding with a renovation.)
To underscore the importance of these views I include a link to some relevant photos and
accompanying descriptions. All, except for the one noted, were taken from our impacted window.
The view of OSH from this room is pristine: centered within the window, framed by the poplars on
the left, without intrusion by the library's roof. The roof is visible only by standing immediately in
front of the window. In viewing photos that include both the library's roof and OSH, I kindly
suggest your using:
• your hand vertically (little finger to screen, thumb towards you) to divide that photo in the
middle of the stand of poplar trees. What you see to the right of your hand is our current
view, what you see to the left is what that view will become if 'Refined Alternative D' is
approved.
• a piece of paper to connect the current library roof to the base of OSH's roof. The story poles
indicate that the roof of 'Refined Alternative D' will block OSH's Open Space and church,
short of its roof.
Secondly, although I know the Council only suggested that Cal-Trans re-visit the issue, Bob and I
would like to go on record as being strongly opposed to a rotary at the Mar West-Tiburon Blvd-
Lagoon/Cove Rd. intersection. The strobe-light-like headlight intrusion that we would experience,
being in the SW quadrant of that intersection, would be intolerable - especially given any of the
proposed remodels for our home. We are also quite concerned about additional noise from
constant acceleration - at least until everyone goes electric.
Please realize that as homeowners on the lagoon in close proximity to neighbors, we are essentially
prohibited from constructing windows on two sides of our home. The Tiburon Blvd/ library side of
our home is one of only two available sides for views, light and fresh air. As you continue to
10/31/2011
Page 2 of 2
discuss the expansion, please remember how personally impacted we may be: loss of view,
daytime glare from windows and roof, nighttime light pollution, loss of privacy, increased traffic
and overflow parking spilling into our neighborhood.
Respectfully submitted,
Connie Peirce
36 Cove Rd.
Belvedere, CA 94920
415-435-5954
10/31/2011
LATE MAID it .40[E- l
Original Message
Received: 12:49 PM PDT, 10/28/2011
From: kjames29@sbcglobal.net
To: Alice Fredericks <askalicenow@usa.net>
Cc: Emmett O'Donnell <emmett@vikingind.com>, Jeff Slavitz
<jslavitz@comcast.net>, Jim Fraser <JSFraseri@comcast.net>, Richard Collins
<rctib2@gmail.com>
Subject: library
Hi Alice,
was just driving home from Safeway and looked over where the library expansion will take
place...... from the left of the flag addition will drastically change the view of open space. I'm not
sure if you remember but town residents including myself stood up there (along the fire road) with
white sheets to protest building in that. area. My understanding that the expansion will enlarge the
library to four times the size of town hall. This is a small town that never tried to keep up with the
"Jones" or thought bigger was better. Why is this addition so big? ten years ago a room for
learning about computers might have worked but as time goes on, not a practical addition, small
book store can only carry a small variety of books, useless to most residents other than the
people who only read the best seller list, Amazon or EBay have always worked best for me. The
proposed coffee shop would taking away business from local shops if this going to be a rec-
center then it should be presented as such... I originally moved to Tiburon with my family in 1957
at age six & went through the Reed School system I moved back to town in 87' and gave my
daughter the same opportunity that was so special to me....... my mother still lives in "little reed
heights" approx fifty four years now........ I would much rather see a smaller (5000 square feet or
less) addition and set in the rear. I hope you will reconsider and reduce the size of this
expansion I love books!
Thank You for all you do!
ken james
1 marsh rd
`C
ps i have attended the last two meetings
OCT D E C E ~ V E
H s 120>>
TOWN CLERK
TOWN OF TIBURON
Page 1 of 1
Diane Crane lacopi
From: Scott Anderson
Sent: Tuesday, November 01, 2011 8:17 AM
To: alITC (Tiburon Town Council)
Cc: Diane Crane lacopi
Subject: FW: Connie Peirce shared an album with you.
Dear Councilmembers,
The following photo album was attached as a link to an e-mail that you received yesterday. Unfortunately, the link
was not working. Mrs. Peirce has since forwarded the attached links. The view of Old St. Hilary's Church from
inside her home is from the second story bathroom window. Photos of this view have been provided to the
Council in prior packets.
Scott
From: Connie Peirce [mailto:connie94920@yahoo.com]
Sent: Monday, October 31, 20119:46 PM
To: Scott Anderson
Subject: Connie Peirce shared an album with you.
You are invited to view Connie Peirce's photo album: Town Council re Library Expansion
Town Council. re Library Expansion
Oct'0.'1011
by Connie Peirce
View Album
Play slideshow
'g You must have a Google account to view this album. Login or get a free account.
Ifyou are having problerns vieNking this email. copy and baste the Ibllwwing into your browser:
littps:Hpicasaweb.google.com/lh/sredir?
uname=102830727479925946350&target=ALBUM&id=5669512956390266785&locked=true&authkey=Gv 1 sRgCJr7ksPx9cuVywE&invite=CNcirbor
To Share your Photos or receive notification when your friends share photos, get your own free Picasa Web Albums account.
4 c o
11/1/2011