TO: PLANNING COMMISSION

FROM: SCOTT ANDERSON, DIRECTOR OF COMMUNITY DEVELOPMENT

SUBJECT: TIME EXTENSION FOR PRECISE DEVELOPOMENT PLAN APPROVING ONE HOME ON 5 ACRES OF LAND AT 375 TAYLOR ROAD

MEETING DATE: NOVEMBER 13, 2002

REPORT DATE: NOVEMBER 1, 2002

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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, Walker & Moody Architects

Date Complete: 11/1/02

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, 1999, and granted a one-year time extension in 2001. The Precise Development Plan is set to expire December 4, 2002, unless extended again.

An application (Exhibit 1) has been filed in a timely manner for a fifth 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 2001 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 (i.e., it has not been abandoned and progress is occurring).

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

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.

Nevertheless, this is the fifth time extension requested for this project; an unprecedented number for a Precise Development Plan in the Town of Tiburon. However, this project is somewhat unique in that it involves only a single family home for an individual, and is not a typical subdivision project.

At this time last year, the applicants had submitted a Site Plan & Architectural Review application, which subsequent to the granting of the time extension, was found to be "incomplete". The applicants recently responded to the Town’s incompleteness letter with an application that is very nearly "complete". The application been tentatively scheduled for the December 6, 2002 Design Review Board meeting. Incremental progress on the design of this unique home has occurred over the past year, albeit very slowly.

Staff believes that it is time for the Town to send a strong message that additional time extensions (beyond this one) will not be forthcoming. Staff therefore recommends a time extension of six (6) months, to June 4, 2003, with a recommendation to the Town Council that additional time extensions for the Precise Development Plan should not be approved.

Minutes of the October 2001 Planning Commission deliberations regarding the prior time extension for this project are attached as Exhibit 5.

SUBSEQUENT APPROVALS REQUIRED

The Planning Commission’s role on this time extension application is as a recommending body to the Town Council, which is tentatively scheduled to hear the item on November 20, 2002.

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 six (6) month time extension for the Precise Development Plan, to June 4, 2003. A draft resolution to that effect is attached as Exhibit 6.

EXHIBITS

Application form and attached letter dated 10/31/2002 from Walker & Moody, AIA.

Town Council Resolution No. 2888.

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

Town Council Resolution No. 59-2001.

Minutes of Planning Commission meeting of 10/24/2001.

Draft Resolution recommending approval of time extension to Town Council.