Town of Tiburon

Staff Report

ITEM NO.   E-2

MEETING DATE: 10/24/01

To: PLANNING COMMISSION
From: SCOTT ANDERSON, PLANNING DIRECTOR
Subject: 375 TAYLOR ROAD: EXTENSION OF TIME FOR AN APPROVED PRECISE DEVELOPMENT PLAN (PD#7)
Date: OCTOBER 13, 2001

PROJECT DATA

Address: 375 Taylor Road (at the end of a gated private driveway leading from the Taylor Road cul-de-sac)

AP No.: 38-182-42

File No.: 39704-TE

General Plan: L (Low density residential)

Zoning: RPD (Residential Planned Development)

Property Size: Approximately 5.0 acres

Subdivision: Ring Mountain Parcelization (RM19-29)

Current Use: Vacant land

Owner: Miranda Leonard

Applicant: John Walker

Date Complete: 10/13/01

BACKGROUND

The Town Council approved a Precise Development Plan for one single-family residence and several ancillary buildings at 375 Taylor Road in 1992. The Town Council granted two-year time extensions of the approval in 1995, 1997, and 1999. The Precise Development Plan is set to expire December 4, 2001, unless extended again.

An application (Exhibit 1) has been filed in a timely manner for a fourth time extension. The original project approval document (Town Council Resolution No. 2888) and the approved drawings (1 sheet) are attached as Exhibits 2 and 3. The 1999 time extension Resolution is attached as Exhibit 4.

ANALYSIS

Time extensions for Precise Development Plans are regulated by Section 4.08.05 of the Tiburon Zoning Ordinance. The ordinance requires that the A...permit holder shall submit sufficient information to the Town to determine whether good cause for an extension exists.@

Generally, in the absence of obvious economic reasons (such as a recession), Town Staff considers the following factors in assessing whether Agood cause@ exists:

1. Whether there is evidence of an intent to proceed with implementation of the project in a timely manner (ie, it has not been abandoned and progress is occurring).

2. Whether circumstances have changed which would no longer make the project consistent with Town policies or regulations.

The applicant has submitted the Site Plan & Architectural Review application for the project, and the item has been tentatively scheduled for the Design Review Board meeting of December 6, 2001.

This is the kind of definitive progress that Staff finds most indicative of a real intent to proceed with the project, and is the best reason to recommend a time extension. Since it is not possible for the Design Review Board to approve the Site Plan & Architectural Review application prior to December 4, 2001, Staff recommends a one year time extension of the Precise Development Plan approval.

Staff is not aware of any change in circumstances, either for the property or its surroundings, or in Town policies or regulations that would strongly argue against granting a time extension.

Minutes of previous Planning Commission deliberations regarding time extensions for this project are attached as Exhibits 5 and 6.

SUBSEQUENT APPROVALS REQUIRED

If the Planning Commission recommends approval of the time extension application, the Town Council will take final action at a public hearing. If the Commission denies the request for time extension, that action is final unless appealed to the Town Council.

The next permit required to implement the project would be a site plan and architectural review (design review) permit. Building permits would follow any design approval. A design review approval of the residence would extend the life of the Precise Development Plan concurrent with the expiration of the design review approval, which would be valid for 36 months.

ENVIRONMENTAL STATUS

The project is categorically exempt under section 15303 of the CEQA Guidelines.

RECOMMENDATION

That the Planning Commission recommend to the Town Council granting of a one year time extension for the Precise Development Plan. A draft resolution to that effect is attached as Exhibit 7.

EXHIBITS

1.    Application form and attached letter dated 9/14/2001 from Walker & Moody, AIA.

2.    Town Council Resolution No. 2888.

3.    Approved drawings (1 sheet) by Walker & Moody Architects.

4.    Town Council Resolution No. 3378.

5.    Minutes of Planning Commission meeting of 11/10/99.

6.    Minutes of Planning Commission meeting of 11/12/97.

7.    Draft Resolution recommending approval of time extension to Town Council.

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