HomeMy WebLinkAboutTC Res 2012-02-01 (2)!11! 11! 1 II11 III ! 1111 1111 II 1111111
Recorded I REC FEE
RECORDING REQUESTED Official Records I
County of I
RETURN TO: Darin I
TOWN CLERK RICHARD N. BENSON I
N5se5sor-Recorder I
TOWN OF TIBURON County Clerk I
1505 TIBURON BOULEVARD 01:2` IN I5-Feb-2112 I Page i of 28
TIBURON, CA 94920
RESOLUTION NO. 06-2012
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMPLIFYING AND SUPPLEMENTING PROVISIONS OF TITLE IV, CHAPTER 16
SECTION 16-21.020 (F) OF THE TIBURON MUNICIPAL CODE (ZONING) WITH
RESPECT TO PLANNED DEVELOPMENT #I 8A
BY APPROVING A PRECISE DEVELOPMENT PLAN
(TRESTLE GLEN CIRCLE PRECISE DEVELOPMENT PLAN)
AND ADOPTING A MITIGATION MONITORING PROGRAM
ASSESSOR PARCEL NO. 039-061-91
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section 1. FindinLs_ .
A. The Town of Tiburon has designated 14.46 acres of land located on Trestle Glen
Boulevard as Residential Planned Development (RPD) on the Zoning Map and in the
zoning regulations of the Tiburon Municipal Code, Title IV, Chapter 16, at Section 16-
14.020 (B), with a further zoning designation of Planned Development #18A on the
Planned Development Map in the aforesaid Section. All future Tiburon Municipal Code
Section references in this resolution and its attachments shall be to Title IV, Chapter 16
(Zoning) unless otherwise specified.
B. Tiburon Municipal Code Section 16-21.030 (D[3]) provides zone regulations for the RPD
zone, specifying the approval of a Precise Development Plan prior to subdivision,
grading, or the making of improvements on property so designated. Basic zoning'
parameters such as density of development, floor area limits, height limits, and setbacks
are to be specified in an approved Precise Development Plan for the property, based on
site-specific characteristics to which an appropriate amount and layout of development
may be tailored. The purpose of the RPD zone is set forth as follows:
The Residential Planned Development (RPD) Zone is intended to protect and
preserve open space land as a limited and valuable resource without depriving
owners of a reasonable use of their property for residential purposes. The
regulations of the zone are designed to insure, to the extent feasible, the
conservation of natural resources and the retention of land in its natural or near
0.@0
TIBURON TOWN COUNCIL RESOLUTION NO. 06-2012
ADOPTED 02/01/2012
RECORDING REQUESTED
RETURN TO:
TOWN CLERK
TOWN OF TIBURON
1505 TIBURON BOULEVARD
TIBURON, CA 94920
RESOLUTION NO. 06-2012
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMPLIFYING AND SUPPLEMENTING PROVISIONS OF TITLE IV, CHAPTER 16
SECTION 16-21.020 (F) OF THE TIBURON MUNICIPAL CODE (ZONING) WITH
RESPECT TO PLANNED DEVELOPMENT #I 8A
BY APPROVING A PRECISE DEVELOPMENT PLAN
(TRESTLE GLEN CIRCLE PRECISE DEVELOPMENT PLAN)
AND ADOPTING A MITIGATION MONITORING PROGRAM
ASSESSOR PARCEL NO. 039-061-91
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section 1. Findings.
A. The Town of Tiburon has designated 14.46 acres of land located on Trestle Glen
Boulevard as Residential Planned Development (RPD) on the Zoning Map and in the
zoning regulations of the Tiburon Municipal Code, Title IV, Chapter 16, at Section 16-
14.020 (B), with a further zoning designation of Planned Development #18A on the
Planned Development Map in the aforesaid Section. All future Tiburon Municipal Code
Section references in this resolution and its attachments shall be to Title IV, Chapter 16
(Zoning) unless otherwise specified.
B. Tiburon Municipal Code Section 16-21.030 (D[3]) provides zone regulations for the RPD
zone, specifying the approval of a Precise Development Plan prior to subdivision,
grading, or the making of improvements on property so designated. Basic zoning
parameters such as density of development, floor area limits, height limits, and setbacks
are to be specified in an approved Precise Development Plan for the property, based on
site-specific characteristics to which an appropriate amount and layout of development
may be tailored. The purpose of the RPD zone is set forth as follows:
The Residential Planned Development (RPD) Zone is intended to protect and
preserve open space land as a limited and valuable resource without depriving
owners of a reasonable use of their property for residential purposes. The
regulations of the zone are designed to insure, to the extent feasible, the
conservation of natural resources and the retention of land in its natural or near
TIBURON TOWN COUNCIL RESOLUTION NO. 06-2012 ADOPTED 02/01/2012
natural state in order to, among other things, assist in the containment of urban
sprawl and protect the community from the hazards of fire, flood, seismic and
other catastrophic activity, and to otherwise implement the goals and policies of
the General Plan.
C. Tiburon Municipal Code Section 16-52.060 (B) establishes the Precise Development Plan
purposes as follows:
1. To provide for review by the Town a detailed development proposal for a
designated area with unique site characteristics or environmental
conditions, in both written and graphic form, to ensure that new
development in such areas is compatible with the existing land uses,
development standards (including but not limited to, setbacks or building
envelopes, coverage limits, and height limits) and identified constraints;
2. To demonstrate consistency of a development proposal with the goals and
policies of the General Plan;
3. To preserve and conserve critically limited open space for the protection of
the ecology and the environment, and to safeguard against the adverse
impacts of fire, noise, water pollution, the destruction of scenic beauty and
hazards related to geology, fire and flood, while at the same time
providing a reasonable use of the land.
Section 16-52.060 (E) sets forth principles to be applied in the review of Precise
Development Plan applications. Section 16-52.060 (D) declares approval of a Precise
Development Plan by the Town Council to be a legislative act.
D. The Town of Tiburon has received and considered an application filed by Trestle Glen
Terrace, LLC for a Precise Development Plan (the Trestle Glen Circle Precise
Development Plan) to augment and supplement provisions of Section 16-21.030(D[3]) of
the Tiburon Municipal Code specific to Planned Development #18A by proposing the
development of three single-family lots and appurtenant improvements on an
approximately 14.46-acre property. The proposed Trestle Glen Circle Precise
Development Plan would establish the maximum density and basic layout and RPD
zoning district parameters of the development, including but not limited to building
envelopes, height and floor area limits, and other zoning elements for the proposed lots.
E. The Trestle Glen Circle Precise Development Plan application consists of File #31101, on
file with the Town of Tiburon Community Development Department. The official record
for this project is hereby incorporated and made part of this resolution. The record
includes the Staff Reports, minutes, application materials, and all comments and
materials received at the public hearing.
TIBURON TOWN COUNCIL RESOLUTION NO. 06-2012 ADOPTED 02/01/2012 2
F. An initial study of environmental impact was prepared and a draft mitigated negative
declaration released for public comment on November 9, 2011. The comment period
closed on December 12, 2011. The Town Council has considered the environmental
documentation and finds that, based on the record, no substantial evidence to support a
fair argument that a significant adverse impact would result from the project has been
presented.
G. The Planning Commission held a duly noticed public hearing on the application on
December 14, 2011. On that date, the Planning Commission adopted Resolution No.
2011-18 recommending to the Town Council conditional approval of the project with the
following modifications:
1. The residential use area for Lot 1 shall be set back a minimum of 100 feet
from the ephemeral drainage and associated freshwater seeps in the
northeastern portion of the site.
2. The tennis court and detached guest studio building for Lot 3 are not
approved.
3. The primary residential use area for Lot 3 shall be reduced in size to 1.8
acres (from 2.26 acres), with the removed area added to private open space
for that lot, increasing it from 2.43 acres to 2.89 acres.
4. The house design for Lot 3 shall be stepped better into the hillside and
shortened horizontally from the conceptual design, consistent with the
conceptual designs for Lots 1 and 2. Such changes shall be achieved with a
change to the building design and/or a reduction in the floor area of the
house.
H. The Town Council held a duly noticed public hearing on the application on February 1,
2012, at which it heard and considered testimony from interested persons. The Town
Council finds, based upon application materials and analysis presented in the staff report
and the initial study/draft mitigated negative declaration that the proposed project, as
modified by conditions of approval, is on balance consistent with the goals and policies
of the Tiburon General Plan and in conformance with provisions of the Tiburon Zoning
Ordinance. The facts in support of this finding are set forth in the official record for this
proj ect.
I. The Town Council finds that the area to be removed from the primary residential use area
of Lot 3, recommended by the Planning Commission, would be more appropriately
designated as a landscape-only envelope to enhance the visual buffer between the
improvements on Lot 3 and the Belveron East neighborhood across Trestle Glen
Boulevard from the site.
TIBURON TOWN COUNCIL RESOLUTION NO. 06-2012 ADOPTED 02/01/2012 3
Section 2. Adoption of Mitigated Negative Declaration.
NOW THEREFORE, BE IT RESOLVED, that the Town Council hereby adopts the
Mitigated Negative Declaration for the project.
Section 3. Conditional Project Approval.
BE IT FURTHER RESOLVED that the Town Council hereby approves the Trestle Glen
Circle Precise Development Plan (PD #18A) subject to the following conditions:
1. Contents. The approved Trestle Glen Circle Precise Development Plan shall
consist of the following:
a. Project description, prepared by IPA, Inc., dated July 27, 2011;
b. Precise Development Plan, Trestle Glen Circle Subdivision,
prepared by Adobe Associates, Inc, dated June 17, 2011 (17
sheets);
C. Landscape plans, prepared by Jim Catlin Landscape Architect,
dated October, 2009 (4 sheets);
d. Conceptual architectural plans, prepared by Miles Berger, dated
March 4, 2011 through June 6, 2011, (25 sheets).
2. Modifications to Precise Development Plan. The following modifications shall
be made to the Trestle Glen Circle Precise Development Plan application, as
described in Condition of Approval No. 1 above:
a. The residential use area for Lot 1 shall be set back a minimum of
100 feet from the ephemeral drainage and associated freshwater
seeps in the northeastern portion of the site.
b. The tennis court and detached guest studio building for Lot 3 are
not approved.
C. The primary residential use area for Lot 3 shall be reduced in size
to 1.8 acres (from 2.26 acres), with the removed area added to the
landscape envelope for that lot.
Within thirty (30) days of the effective date of this Resolution, applicant shall
submit a complete set of the drawings and documents referenced above
incorporating all changes required by this condition of approval and the Lighting
TIBURON TOWN COUNCIL RESOLUTION NO. 06-2012 ADOPTED 02/01/2012 4
Plan required by MM A.4 to the Community Development Department for review
and acceptance as being in substantial conformance with this approval.
3. Maximum Density Established. In furtherance of Section 16-21.040 (C[2]) of
the Municipal Code, this Precise Development Plan approval establishes a
maximum density of 0.21 dwelling units per acre (3 primary dwellings, not
including any Town-approved secondary dwelling units incidental to primary
dwellings) on the 14.46 acre site and is intended to reflect the ultimate
development of the property.
4. No Further Subdivision. No additional subdivision for the purpose of creating
additional lots and/or building sites is permitted, and a note to that effect shall be
placed on the parcel map.
5. Floor Area and Height Maximums Established. In furtherance of Section 16-
52.020 (I[3]) of the Municipal Code, this Precise Development Plan approval
establishes the limit of "floor area, gross", as defined in Section 16-100.020 (F)
therein, and "height", as defined in Section 16-100.020 (H) therein, that may be
constructed on each lot as set forth as follows:
Lot 1: A maximum of 4,925 square feet of gross floor area and 1,082
square feet of garage space.
Lot 2: A maximum of 4,402 square feet of gross floor area and 600 square
feet of garage space.
Lot 3: A maximum of 5,885 square feet of gross floor area and 600 square
feet of garage space.
Any garage and/or carport floor area in excess of the amount specified above shall
be counted as additional gross floor area on a lot. Floor areas meeting the
definition of "basement" in the Tiburon Municipal Code shall not be included in
the calculation of gross floor area. It is understood that the floor area for each lot
as specified above is a maximum allowable square footage, and the Design
Review Board may, in its reasonable discretion in reviewing Site Plan and
Architectural Review applications for each lot, approve a lesser amount of square
footage and/or height for good cause. Accessory buildings may include a pool
house, cabana, tool/garden shed, or similar structure, the use of which is clearly
subordinate and incidental to the main building. The main building on each lot
shall not exceed thirty (30) feet above grade. Accessory buildings shall not exceed
fifteen (15) feet in height above grade.
TIBURON TOWN COUNCIL RESOLUTION NO. 06-2012 ADOPTED 02/01/2012 5
6. Residential Use Areas (RDAs). In furtherance of Section 16-21.040 (A) of the
Municipal Code, no improvements of any type, including fencing, shall be
permitted on any lot outside of the approved "residential use area" for each lot.
Accessory buildings or structures and other improvements, including patios,
decks, pools, spas, fountains and water features, built-in barbeques, play
structures, arbors, gazebos, tool sheds, fencing, introduced landscaping, utility
improvements, parking areas, driveways, and retaining walls shall be limited to
the residential use area of each lot. Fencing and retaining walls shall not exceed
six (6) feet in height, except for retaining walls shown on Sheets C6 and C7 of the
approved Precise Development Plan plans, and landscape walls shall not exceed
four (4) feet in height.
The use of the secondary residential use areas for Lot 3 shall be limited to solar
panels and landscape elements, including planting with non-commercial food
crops such as vegetable gardens, fruit trees, olive orchard or grapevines.
7. Lot Areas Outside of the RUA. In furtherance of Section 16-21.030(D[3]) of the
Municipal Code, all portions of private lots outside the RUA shall be protected by
an open space easement or easements offered for acceptance to the Town of
Tiburon by separate instrument as part of the parcel map application. Said open
space easement or easements shall be recorded in conjunction with the recordation
of the parcel map and their existence shall be noted on the parcel map. This
limitation does not apply to improvements contemplated in this Precise
Development Plan; for example, the private roadway serving the subdivision;
driveways, retaining walls supporting driveways; utilities; landslide repair devices
and re-vegetation; drainage ditches; or other ancillary improvements necessary for
installation of the subdivision improvements contemplated in this Precise
Development Plan or permits issued in reliance thereon, including the subdivision
improvement drawings. Three-foot high permanent bollards with plaques shall be
installed between the boundary of the residential use areas and the private open
space areas of each lot. Deer fencing shall be allowed along the boundary of the
project site and Silverado Drive, as shown on Sheet C5 of the approved plans. The
landscape envelope on Lot 3 shall be planted with native trees and shrubs to
soften and screen the downhill portions of the property.
8. Pre-Existing Landscape Easements. Current and future use of existing
recreation, privacy and landscape easements granted to the properties at 202, 206
and 208 Trestle Glen Terrace shall comply with the uses and improvements
contained in the Project description, prepared by IPA, Inc., dated July 27, 2011
and attached as Exhibit A to this resolution. These pre-existing easement areas
shall not be included in open space easements for Lots 2 and 3 as required by
Condition of Approval No. 7.
TIBURON TOWN COUNCIL RESOLUTION NO. 06-2012 ADOPTED 02/01/2012 6
9. House Designs. Individual house designs submitted for Site Plan and
Architectural Review approval shall closely resemble the articulation of buildings
in the conceptual designs shown in the above-referenced drawings prepared by
Miles Berger. In reviewing these applications, the Design Review Board is
directed to avoid changes to the house locations that would have materially greater
impacts on views across the site from neighboring homes, substantially increase
the heights of retaining walls, result in substantially more grading, increase the
project's visibility from off-site, or otherwise materially increase the project's
impacts on the surrounding area. The Design Review Board is encouraged to
show flexibility in the location of the house on Lot 3 to minimize impacts on
neighboring residents. The Design Review Board is also encouraged to carefully
review the lighting design of future homes to minimize light pollution impacts for
nearby residents.
The house design for Lot 3 shall be stepped better into the hillside and shortened
horizontally from the conceptual design, consistent with the conceptual designs
for Lots 1 and 2. Such changes shall be achieved with a change to the building
design and/or a reduction in the floor area of the house.
10. Colors and Materials. Colors and materials of homes and accessory buildings
shall be low-reflectivity; medium and/or dark hues that minimize contrast with
surroundings and reduce visual impacts.
11. Landscaping. Any disturbed open space areas shall be landscaped immediately
following the landslide repair and/or subdivision improvement/home construction
work. Additionally, all landslide repair areas shall be hydro-seeded following
grading for dust control and soil stability in accordance with geotechnical
engineering recommendations. No new landscaping or vegetation shall be planted
on any private open space area other than that approved as part of a detailed
landscape plan and palette to be submitted with the tentative subdivision map
application and incorporated into the subdivision improvement drawings.
Hydroseeding and other planting within private open space shall be limited at all
times to native plants and native grasses only.
12. Detailed Landscape Plan. A detailed landscape plan for the subdivision
improvement phase of the project shall be prepared as part of the subdivision
improvement drawing submittal and shall be reviewed and approved by the
Design Review Board. This landscape plan shall include removal of any
remaining invasive plant species; review of common area plantings, entry
landscaping, retaining wall screening, and any landscaping required in adopted
mitigation measures. Infrastructure and subdivision improvement-related
landscaping must be supported by a functional, reliable, and appropriate irrigation
TIBURON TOWN COUNCIL RESOLUTION NO. 06-2012 ADOPTED 02/01/2012 7
system for which maintenance is guaranteed by the roadway, drainage, landscape
improvement and maintenance agreement between the project property owners.
Mechanisms shall be instituted by agreement, deed restriction or other instrument
acceptable to the Town Attorney that provide the Town the right, but not the
obligation, to compel maintenance of such landscaping at project property
owners' expense if deemed necessary by the Town.
13. Retaining Walls and Screening. The appearance of any publicly-visible project
retaining walls (including debris catchment fences or walls) shown on the
subdivision improvement drawings in excess of forty-two (42) inches in height
shall be subject to review and approval by the Design Review Board (DRB) prior
to Town approval of said drawings. Where publicly visible, all subdivision
improvement-related retaining walls shall have the appearance of rock to provide
a natural look, and shall be medium to dark in color to reduce contrast. The DRB
review and approval shall include appropriate landscaping screening for such
walls.
14. Tree Plan. A detailed Tree Protection and Replacement Plan shall be submitted
with the subdivision improvement drawings to set forth protection measures for
trees to be retained during project construction and to implement Mitigation
Measure D.5(b) and shall be reviewed and approved by the Director of
Community Development and Director of Public Works. Said Plan shall be
subject to third party review at the applicant's expense.
15. Trestle Glen Boulevard Dedication. The applicant shall offer for dedication for
public street use a 10' road-widening strip along the length of the Trestle Glen
Boulevard frontage. In addition the applicant shall contribute monetarily to the
eventual construction of a bicycle lane. Said monetary contribution shall be paid
prior to recordation of the parcel map and shall be calculated in accordance with
legal principles governing such exaction.
16. Roadway Lighting. If lighting is proposed for the project roadways, lighting
details shall be reviewed by the Design Review Board prior to the approval of
subdivision improvement drawings for the project.
17. Construction Staging and Materials Storage. A detailed construction staging
area/construction parking/materials storage/debris box/portable
restroom/protective fencing plan shall be submitted with the subdivision
improvement drawings for the project. All project-related parking, staging, and
storage (including for the individual homes) is required to be on-site and none is
permitted in surrounding streets or areas.
TIBURON TOWN COUNCIL RESOLUTION NO. 06-2012 ADOPTED 02/01/2012 8
18. Restrictions and Agreements. Draft CC&R's, deed restrictions, and/or joint
maintenance agreements or other similar instruments for the subdivision shall be
prepared and submitted for review and approval by the Town Attorney and
Director of Community Development as part of the tentative subdivision map
application. Said CC&Rs or other instruments acceptable to the Town Attorney
shall contain provisions and limitations as set forth in this Precise Development
Plan approval and the adopted Mitigated Negative Declaration to the satisfaction
of the Town Attorney and Director of Community Development. These
instruments shall contain, without limitation, provisions for ongoing maintenance
of the private roadway, common areas, ongoing maintenance of drainage
structures and facilities, and ongoing removal of invasive plant species (French
broom, pampas grass, etc.) from the property, and shall be recorded in conjunction
with the parcel map.
19. Grading Period. All grading involving the use of heavy construction equipment
shall be limited to the period between April 15 and October 31. The Building
Official may authorize limited extensions of time to this period in his reasonable
discretion.
20. Acoustical Analysis. Prior to issuance of a building permit for each residence, an
acoustical analysis shall be submitted to the Building Official that demonstrates
that interior noise levels of homes shall not exceed 45 dBA. Materials
specifications (if any) necessary to achieve the required level of sound insulation,
such as solid core doors, double-paned glass, etc., shall be provided as part of the
analysis.
21. Smoking. No smoking shall be permitted on site by any person, contractor or
employee during any phase of project construction. A water truck shall be present
on the site during vegetation removal. These requirements shall be noted on the
subdivision improvement drawings and shall be incorporated into the contract and
the construction documents for the contractor(s) performing the work.
22. Removal of Junk Materials. As part of the installation of the subdivision
improvements, applicant shall remove or replace dilapidated fencing and fence-
posts, and shall remove litter, garbage, and other junk materials from the entire
site.
23. Geotechnical Conditions. The applicant's consultant shall perform a design-level
geotechnical investigation for the project. The investigation shall include
appropriate subsurface investigation, laboratory testing and analyses, and shall
summarize the factor of safety of each of the proposed slide repairs/stabilization
measures to verify conformance with the requirements of the Town of Tiburon's
Landslide Mitigation Policy. The report shall also include design-level
TIBURON TOWN COUNCIL RESOLUTION NO. 06-2012 ADOPTED 02/01/2012 9
geotechnical recommendations for addressing expansive soils, the construction of
landslide repairs, subdrain construction, debris barrier design, site preparation and
grading, foundation, retaining walls, pavements and geotechnical drainage. The
report shall be submitted to the Town for review prior to issuance of a building
permit for subdivision improvements.
The applicant's consultant shall review and approve all geotechnical aspects of the
project plans to ensure conformance with their geotechnical recommendations.
The results of the plan review shall be summarized in a letter and submitted to the
Town for review prior to issuance of a building permit for subdivision
improvements.
The applicant's consultant shall observe and test geotechnical aspects of the
project during construction. The inspections shall include, but shall not be limited
to, site preparation and grading, keyway excavation, subdrain installation, debris
barrier siting and installation, fill placement and compaction, subgrade
preparation and compaction, and geotechnical drainage installation. Inspection of
keyway excavations shall be performed by a registered Certified Engineering
Geologist. The results of the construction observation and testing shall be
summarized in a letter and submitted to the Town Engineer prior to closure of the
building permit for subdivision improvements.
24. Belveron Watershed Drainage Fee. Pursuant to Chapter 14A of the Tiburon
Municipal Code, this project is subject to the Belveron Watershed Drainage Fee.
Said fee is payable prior to recordation of the parcel map. Notwithstanding the
forgoing, the Town may modify this condition in connection with the approval of
the Tentative Map, if the applicant has established to the Town's satisfaction that
said modification would satisfy the purposes of Chapter 14A.
25. Expiration. This Precise Development Plan approval shall be valid for thirty-six
(36) months following its effective date, and shall expire unless a time extension
is granted or a tentative subdivision map has been approved in reliance on this
Precise Development Plan, in which instance the Precise Development Plan
approval shall remain valid coterminous with the tentative map approval.
Section 4. Adoption of Mitigation Monitoring Program.
BE IT FURTHER RESOLVED that the Town Council hereby adopts a Mitigation
Monitoring Program (MMP) for the project, attached hereto as Exhibit B and incorporated
herein. Applicant shall bear all costs associated with implementation of the MMP.
TIBURON TOWN COUNCIL RESOLUTION NO. 06-2012 ADOPTED 02/01/2012 10
Section 5. Effective Date.
BE IT FURTHER RESOLVED that this Precise Development Plan approval shall
become effective thirty (30) days after adoption of this Resolution, pursuant to Section 16-52.060
(D) of the Tiburon Municipal Code.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on February 1, 2012 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
Collins, Fraser, Fredericks, O'Donnell
None
Doyle
ATTEST:
f
6fANE CRANE COPI, TOWN CLERK
Attachment: Exhibit A (Pre-Existing Landscape Easements)
Exhibit B (Mitigation Monitoring Program)
TIBURON TOWN COUNCIL RESOLUTION NO. 06.2012 ADOPTED 02/01/2012 11
F.xhihit A
Trestle Glen Circle Precise Development Plan Pre-Existing Landscape Easements
Private landscape easements
In the fall of 1996 previous owners of the subject property granted three adjoining
neighbors general recreation, privacy and landscape easements over portions of the
property. Copies of the relevant sections of the "Easement Agreements" wee provided to
the Town with the June 21, 2011 re-submittal package. Sheet C5 shows details of the
existing improvements based on off-site field observations. The easements vary slightly
as to what improvements are allowed and based on off-site field observations and a
review of individual property permit history records use of the easements were found to
vary as follows:
"Purposes of the Easement Agreement and Existing Improvements"
#202 Trestle Glen Terrace (APN 055-072-13) - allows general recreation and privacy
improvements including deer fencing, landscaping, decks, hot tubs, and necessary
retaining walls and utility improvements for the Grantor. The easement is currently
improved with a deer fence, garden shed and landscaping. (No record of Town permits
was found - see Sheet C5).
#206 Trestle Glen Terrace (APN 055-072-10) - allows general recreation and privacy
improvements including landscaping, deer fencing, landscaping, decks, hot tubs, and
necessary retaining walls. The easement is currently improved with a deer fence,
landscaping, and one shed believed to be used for garden maintenance. (No record of
Town permits was found - see Sheet C5).
#208 Trestle Glen Terrace (APN 055-072-21) - easement allows general recreation and
privacy improvements including deer fencing, landscaping, decks, hot tubs, and
necessary retaining walls. The easement is currently terraced with a series of retaining
walls, water feature, lawn, sitting area and decks. (See Sheet C5 and Town of Tiburon
Building Permit 307-259 - issued 8/29/07 - for details).
In order to facilitate the continued respect for and compliance with the easement
agreements the project sponsor is proposing the following as part of the project
description:
Recreation, Privacy and Landscape easements over the subject property in favor
of 202, 206 and 208 Trestle Glen Terrace are private property rights of the
easement agreement holders. The project development plan allows these limited
uses to continue in accordance with their recorded easement agreements. The
subdivision plan for the subject property includes one easement over Lot 3 (APN
055-072-13) and Lot 2 would include two easement claims (APN 055-072-10 and
21). The project sponsor and property owner is not planning any improvements in
TIBURON TOWN COUNCIL EXHIBIT A TO RESOLUTION NO. 06-2012 02/01/2012
the easement areas. Each easement holder shall be responsible for securing
necessary permits and shall accept liability for any and all improvements made by
them in these easement areas.
Each easement has been developed with uses and structures described above as
"Purposes of the Easement Agreement and Existing Improvements." The existing
uses and improvements may be maintained, however any replacement buildings
or further improvement of these easements will be subject to the following:
1. Only uses and structural improvements intended for the purposes
specifically stated in the Easement Agreement shall be permitted, and,
2. All replacement structures or new improvements for recreational,
privacy and landscape purposes shall be planned, designed and found
to be in accordance with all governing zoning restrictions for
residential accessory uses and building codes established by the Town
of Tiburon and comply with fire safety codes established by the
Tiburon Fire Protection District.
TIBURON TOWN COUNCIL EXHIBIT A TO RESOLUTION NO. 06-2012 02/01/2012 2
EXHIBIT B
MITIGATION MONITORING PROGRAM
TRESTLE GLEN CIRCLE RESIDENTIAL DEVELOPMENT
INTRODUCTION
The California Environmental Quality Act (CEQA) requires a public agency to adopt a reporting or
monitoring program when approving a project or changes to 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 required mitigation measures presented in an Environmental Impact
Report (EIR) or Mitigated Negative Declaration (MND) that has been prepared on the project and
certified by the lead agency. The reporting or monitoring 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 and reporting.
LOCATION AND CUSTODIAN OF DOCUMENTS
Consistent with the California Environmental Quality Act, a MND was prepared to address the
impacts of the proposed Trestle Glen Circle Residential Development. The MND and the Initial Study
prepared for the proposed project is on file with the Town of Tiburon Community Development
Department, along with all the other documents which constitute the record of proceedings.
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 mitigation measures required under the MND are implemented properly.
Since each required mitigation measure must be implemented, a monitoring chart was created, which
is attached to this report. This chart provides the following information and direction for use.
TIBURON TOWN COUNCIL EXHIBIT B TO RESOLUTION 06-2012 02/01/2012
Mitigation Monitoring Program
Trestle Glen Circle Residential Development
1) The required mitigation measures are listed in the first column, corresponding to the list of
measures provided in the MND.
2) The second column lists the agency or entity responsible for implementing the mitigation
measure.
3) The third column lists the timing as to when the mitigation measure is to be implemented.
4) The fourth column provides guidance on monitoring to ensure that implementation procedures are
followed.
5) The fifth column provides a location for Town staff to verify that the mitigation has been
implemented and the date of the verification.
The Town's requirements for mitigation monitoring programs are set forth in the Town's
Environmental Review Guidelines. 1 Section E.2.c states that "the Town's efforts shall focus on
monitoring, not reporting. A memorandum shall be prepared by the case planner, upon completion of
the implementation of all mitigation measures, for inclusion in the project file to document satisfactory
completion of the Mitigation Monitoring Plan."
Attachment: Mitigation Monitoring Program Table (13 pages)
1 Town of Tiburon Environmental Review Guidelines, Town Council resolution No. 62-2002.
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