HomeMy WebLinkAboutTC Res 2011-11-02 (7)RESOLUTION NO. 56-2011
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. 56-2011 11/2/2011 Page
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 November 25 2011, by the following vote:
AYES: COUNCILMEMBER: Collins, Fraser, Fredericks, O'Donnell & Slavitz
NOES: COUNCILMEMBER: None
ABSENT: COUNCILMEMBER: None
JEF A Z, OR
ATTEST: TO bF T
DIANE CRANE IAeOPI, TOWN CLERK
Attachments: Exhibits "A" and "B"
Tiburon Town Council Resolution No. 56-2011 11/2/2011 Page 2
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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)