Town of Tiburon

Staff Report

ITEM NO.   E-2

MEETING DATE: 11/28/01

To: PLANNING COMMISSION
From: DANIEL M. WATROUS, SENIOR PLANNER
Subject: FILE #39902: REVIEW OF DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE PARENTE PRECISE DEVELOPMENT PLAN (PD #4) TO CREATE FIVE BUILDING SITES ON A 10.3 ACRE PARCEL; PARENTE ROAD/ANTONETTE DRIVE; Amerippon, Inc., owners; Phillip Moss/Neil Sorensen, applicants; Assessor=s Parcel No. 38-111-16 (CONTINUED FROM OCTOBER 24, 2001)
Date: NOVEMBER 21, 2001

BACKGROUND

An application has been filed by Amerippon, Inc. for a Precise Development Plan for development of a 10.3 acre parcel into five (5) single-family residential lots. The project is located toward the northern end of the Tiburon Peninsula. The property slopes down from Ring Mountain toward Paradise Drive, and would be accessed from Parente Road and Antonette Drive, both of which connect to Paradise Drive.

A draft environmental impact report (DEIR) has been prepared for this project by the firm of Leonard Charles and Associates, and has been circulated for public review and comment. The 45-day public review and comment period concluded on November 8, 2001.

Public comments on the DEIR were received at a public hearing held at the October 24, 2001 Planning Commission meeting. After receiving testimony, this item was continued to the November 28, 2001 Commission meeting for the public hearing on the adequacy of the DEIR.

ANALYSIS

Purpose of the Planning Commission Hearing

The primary purpose of this public hearing is for the Planning Commission to assess the adequacy of the DEIR. This hearing is also an opportunity for the Commission to make its own comments on the DEIR. These comments should address the issue of whether the DEIR has been prepared in conformance with CEQA and adequately addresses environmental impacts.

 Public Comments

Public comments received on the DEIR have focused on the following issues:

Traffic and construction impacts on Antonette Drive

Landslide potential and the need for repairing existing landslide deposits

Potential drainage impacts on downslope properties

Dangerous traffic conditions at the intersection of Parente Road and Paradise Drive

Evaluation and protection of prime open space on the property

Potential visual impacts from neighboring properties and the Bay

Consistency with the character of surrounding residential neighborhoods

Adequacy of on-site parking

Potential traffic impacts at the intersection of Paradise Drive and Trestle Glen Boulevard

Lack of information on potential retaining walls on the site

Amount of grading required for the development

Summary of Key DEIR Findings

The key DEIR findings were summarized in the previous Staff report for this project. As previously noted, the DEIR identifies two (2) significant unavoidable ("SU") impacts of the project which could not be eliminated or reduced to a less-than-significant level through mitigation measures identified in the DEIR:

The project would be inconsistent with Tiburon General Plan policies by eliminating potential prime open space on Ridgeline 0 and substantially altering views of potential open space; and

The project would be inconsistent with Tiburon General Plan policies to minimize grading on the property.

Action Items for this Hearing

At this hearing, the Commission will assess whether or not the DEIR has been prepared in conformance with CEQA. The Commission may either:

1. Accept the DEIR as being prepared in conformance with CEQA and the Town's local CEQA Guidelines, and direct the consultant to respond to comments and prepare the Final EIR; or

2. Find that the DEIR was not prepared in conformance with CEQA and continue the matter pending receipt of additional information necessary to achieve such conformance.

Future Actions

Once a Final EIR is released, the Planning Commission will hold a public hearing to consider the merits of the project. This hearing would likely occur early next year.

RECOMMENDATION

Staff believes that the DEIR has been prepared in conformance with CEQA and the Town’s local CEQA guidelines and is adequate (please refer to Exhibit 1). The issues and comments received to date can be properly addressed in the response to comments, and in the revisions to the DEIR that will be incorporated into the Final EIR document.

The Planning Commission should:

Take any public testimony on the DEIR adequacy.

Provide verbal or written comments on the DEIR.

Determine that the DEIR is adequate and was prepared in conformance with CEQA and the Town’s local CEQA guidelines, and direct the consultant to prepare responses to comments and prepare the Final EIR.

EXHIBITS

Information on EIR adequacy standards.

Complete packet (indexed) of written comments, including oral comments received at the October 24, 2001 public hearing.