HomeMy WebLinkAboutTC Res 2012-04-04RESOLUTION NO. 17-2012
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON GRANTING AN APPEAL BY
DAVID AND DIPANWITA REIS
OF THE PLANNING COMMISSION'S DENIAL OF
AN AMENDMENT TO THE TIBURON HIGHLANDS PRECISE PLAN
(PD #15) FOR PROPERTY LOCATED AT 14 CECILIA COURT
(ASSESSOR PARCEL NO. 034-360-30)
WHEREAS, on January 11, 2012 the Planning Commission held a public
hearing on an application (File #31103) filed by David and Dipanwita Reis for an
amendment to the Tiburon Highlands Precise Plan (PD #15) to increase the maximum
allowable floor area from 3,500 square feet to 3,884 square feet for the property at 14
Cecilia Court; and
WHEREAS, at that meeting, the Planning Commission received public
testimony and determined that the project was inconsistent with the Tiburon Highlands
Precise Plan, and inconsistent with the Development Agreement provision from which
the Precise Plan condition of approval originated and directed staff to prepare a resolution
denying the application; and
WHEREAS, on January 25, 2012, the Planning Commission adopted
Resolution No. 2012-02 denying the application; and
WHEREAS, the Planning Commission's decision was appealed in a timely
manner by David and Dipanwita Reis (collectively referred to as "applicant"); and
WHEREAS, the project application consists of File #31103, on file with the
Town of Tiburon Community Development Department. The official record for this
project application is hereby incorporated and made part of this resolution. The record
includes, without limitation, the Staff Reports, minutes, application materials, and all
comments and materials received at the public hearings, and
WHEREAS, the Town Council held a public hearing on March 21, 2012, and
received testimony and considered all evidence in the record; and
WHEREAS, the Town Council finds that the project is exempt from the
requirements of the California Environmental Quality Act per Section 15301 of the
CEQA Guidelines; and
WHEREAS, the Town Council finds, based upon the application materials
and analysis provided in the January 11, 2012 Planning Commission Staff Report, the
March 21, 2012 Town Council Staff Report, and the entire record on appeal, that the
project is, on balance, consistent with the intent of the Tiburon Highlands Precise Plan
Town Council Resolution No. 17-2012 04/04/2012 Page 1 of 2
and Development Agreement limitations on floor area for this lot, as the proposed
additions would be contained within the overall perimeter of the first floor of the existing
residence and would not create privacy or visual impacts on neighboring residents and
would not be visible from neighboring homes in the Reedlands neighborhood; and
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Tiburon hereby grants, the appeal of David and Dipanwita Reis.
BE IT FURTHER RESOLVED THAT condition of approval #18 (h) of Town
Council Resolution No. 2535 (Tiburon Highlands Precise Plan) shall be amended to read
as follows:
"The living area (i.e. excluding garages and decks) of the residence
constructed on lots 3-11, inclusive, shall not be greater than 3,500 square feet,
except that greater area is permitted for the following lot.
i. 3,884 square feet for Lot 7 (14 Cecilia Court), if attained
entirely within the overall perimeter of the first floor of the
approved house, as generally depicted on drawings dated
December, 2011, prepared by Greg LeDoux and Associates,
Inc. (6 sheets)."
PASSED AND ADOPTED at a regular meeting of the Town Council on April
4, 2012, by the following vote:
AYES: COUNCILMEMBERS: Collins, Doyle, Fraser, Fredericks, O'Donnell
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JIM YybkSER, MAYOR
TO OF TIBURON
ATTEST:
DIANE CRANE IA PI, TOWN CLERK
Town Council Resolution No. 17-2012 04/04/2012
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