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HomeMy WebLinkAboutTC Res 2009-11-043 RECORDING REQUESTED RETURN TO: Tiburon Town Clerk 1505 Tiburon Boulevard Tiburon, CA 94920 RESOLUTION NO. 34-2009 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE AGINS PRECISE PLAN (PD #26) TO ADJUST A BUILDING ENVELOPE AND CREATE A SECONDARY BUILDING ENVELOPE ON PROPERTY AT 193 GILMARTIN DRIVE ASSESSOR PARCEL NO. 039-161-29 WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Town has received and considered an application filed by Jeff and Lori Runnfeldt for an amendment to the Agins Precise Plan (PD #26) to adjust the building envelope and create a secondary building envelope at 193 Gilmartin Drive. The application consists of the following: 1. Application form and supplemental materials, dated August 20, 2009 2. Site Plan and Building Envelope Plans, dated September 15, 2009 B. The Planning Commission held a duly-noticed public hearing on October 14, 2009, heard and considered testimony from interested persons, and recommended conditional approval of the application to the Town Council. C. The Town Council finds that the project is exempt from the requirements of the California Environmental Quality Act per Section 15303 of the CEQA Guidelines. D. The Town Council held a public hearing on November 4, 2009 and finds that based upon application materials and analysis presented in the November 4, 2009 Staff Report, as well as visits to the site and testimony received from the applicant and others, that the project is consistent with the intent of the Agins Precise Plan. E. The Town Council finds the project to be consistent with the goals and policies of the Tiburon General Plan. Land Use Element Policy LU-5 states that "new development shall be in harmony with adjacent neighborhoods and open spaces." The proposed adjustment of Tiburon Town Council Resolution No. 34-2009 November 4, 2009 1 the building envelope and creation of a secondary building envelope would not result in any substantial impacts on nearby residential properties or on the adjacent open space area. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council approves the precise plan amendment adjusting the building envelope and creating the secondary building envelope at 193 Gilmartin Drive, subject to the following conditions: 1. The adjusted building envelope and new secondary building envelope for the property at 193 Gilmartin Drive shall be amended as reflected on the drawing labeled Site Improvement Plan - Sheet LLODR, prepared by Scott Lewis Landscape Architecture, dated August 17, 2009, attached hereto as Exhibit "A" and incorporated herein, modified to establish a three (3) foot envelope setback from the eastern property line. 2. The secondary building envelope is for landscape improvements and the swimming pool and spa. No structures, other than fences and walls, are permitted within the secondary building envelope (i.e. additions to the dwelling, sheds, etc). 3. This approval shall in no way alter other provisions of the Agins Precise Plan not specifically modified herein. PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on November 4, 20095 by the following vote: AYES: CUVUivCILMLEMBERS: Berger, Collins, Fredericks, Gram, Slavitz NOES: COUNCILMEMBERS: None yY.tl S!tSABSENT: COUNCILMEMBERS: None u ALICE FRE 'DEMCKS, MAYOR, TOWN OF TIBUR(UN;' ATT ST. r DIANE CRANE IAQ0PI, TOWN CLERK Tiburon Town Council Resolution No. 34-2009 November 4, 2009 2 EXHIBIT A SITE PLAN DRAWING Exhibit A, the Site Improvement Plan drawing dated August 17, 2009, depicting the added and deleted building envelope areas, is of a scale that is not amenable to recordation. Exhibit A is available for public review in the Planning Division of the Town of Tiburon, located at 1505 Tiburon Boulevard, Tiburon, California, during business hours. Exhibit A can be found in Precise Development Plan Amendment File #30902 (PD#26), 193 Gilmartin Drive. Exhibit A can also be viewed in the official copy of Tiburon Town Council Resolution No. 34-2009, available for review in the Office of the Town Clerk at the above-referenced address. Tiburon Town Council Resolution No. 34-2009 November 4, 2009 3