RESOLUTION NO. ____
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING APPROVAL OF THE TIBURON COURT PRECISE DEVELOPMENT PLAN (PLANNED DEVELOPMENT NO. 18B) AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM
ASSESSOR PARCEL NO. 39-061-80 & 86
WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows:
Section 1. Findings.
A. The Town of Tiburon has received and considered an application filed by Round-Two Joint Venture for a Precise Development Plan (the Tiburon Court Precise Development Plan) to develop the following project:
The development of four single-family dwellings on a 13.34-acre property, with lot sizes ranging from 1.45 to 4.92 acres. The Tiburon Court Precise Development Plan would establish building footprints, building envelopes, residential use areas, height and floor area limits, and other zoning limitations for the four future lots. The building envelope for Parcel 1 would have an area of 12,553 square feet. Except for Trestle Glen Boulevard frontage landscaping required separately, all landscaping and fencing would be limited to the residential use area of each lot. Homes would be limited to 2,900 square feet of gross floor area, as defined by the Tiburon Zoning Ordinance, plus up to 600 square feet of garage and below-grade areas.
B. The Precise Development Plan application consists of File #39903, on file with the Town of Tiburon Planning Department. Drawings from that application approved in this action are as follows:
1. Site Plan, Tiburon Court, prepared by Lawrence Doyle, revised 5/21/01, scale 1"=50’ (1 sheet).
2. Precise Development Plan Grading & Drainage Plan, Tiburon Court, prepared by Lawrence Doyle, revised 5/21/01, scale 1"=20’ (1 sheet).
3. Schematic Landscape Plan, Tiburon Court, dated March 16, 2001.
4 Tiburon Court Conceptual Architecture Plans Booklet, date-stamped received July 2, 2001, prepared by DTH & Associates, 11"X17" format.
5. Tiburon Court Mitigation Plan, revised 5/21/01 (2 sheets).
6. Letter from Don Henderson to Scott Anderson, dated March 27, 2001, detailing revisions to the project (1 page).
The official record for this project is hereby incorporated and made part of this resolution. The record includes the Staff Reports, minutes, application materials, and all comments and materials received at the public hearing.
C. An expanded Initial Study and draft Mitigated Negative Declaration for this project was prepared under contract to the Town of Tiburon by the consulting firm of Nichols-Berman, and released for public review and comment on September 1, 2000. Numerous letters were received on this document in addition to comments offered at the two public hearings. Responses to these comments were compiled along with project revisions into a Final Mitigated Negative Declaration document dated July 2001.
The Final Mitigated Negative Declaration concludes that changes to the project made since the Draft Mitigated Negative Declaration have acted to reduce potential impacts of the project on the environment. Project modifications have resulted in reductions in the potential for aesthetic impacts through size, height, and visual mass reductions as well as changes in building materials. Potential hydrology impacts have been further reduced through decreases in impervious surface. Potential traffic safety impacts at the project roadway entrance have been further reduced by improving the sight distance to the east. On-site parking has been increased substantially. Mitigation measures presented in the Final Mitigated Negative Declaration have been accepted in writing by the applicant and would reduce all potential adverse environmental impacts to less than significant levels.
The Planning Commission finds that based upon evidence in the record, no significant adverse impacts on the environment would occur as a result of the project. All potentially significant adverse environmental impacts have been mitigated to less than significant levels through modifications to the project as set forth in the mitigation monitoring program and agreed upon by the applicant. There has been no substantial evidence submitted into the record to support a fair argument that a significant adverse environmental impact may result from the project.
D. The Planning Commission held duly noticed public hearings on October 11, 2000, January 10, 2001, and July 11, 2001 at which it heard and considered testimony from interested persons. The Planning Commission found, based upon application materials and analysis presented in the staff reports and the Final Mitigated Negative Declaration, that on balance the proposal is consistent with the goals and policies of the Tiburon General Plan and in conformance with provisions of the Tiburon Zoning Ordinance. The facts in support of this finding are set forth in the staff reports and the Final Mitigated Negative Declaration, all of which are incorporated into the project record.
Section 2. Recommendation for Adoption of Mitigated Negative Declaration.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby recommend adoption of the Final Mitigated Negative Declaration, dated July 2001, to the Town Council.
Section 3. Recommendation for Project Approval and Adoption of Mitigation Monitoring Program.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission hereby recommends approval of the Tiburon Court Precise Development Plan (PD#18B) to the Town Council and further recommends adoption of a mitigation monitoring program for the project, subject to the following conditions:
The following Tiburon Court Precise Development Plan drawings and application materials are approved, said plans being o1. n file with the Tiburon Planning Department:
A. Site Plan, Tiburon Court, prepared by Lawrence Doyle, revised 5/21/01, scale 1"=50’ (1 sheet).
B. Precise Development Plan Grading & Drainage Plan, Tiburon Court, prepared by Lawrence Doyle, revised 5/21/01, scale 1"=20’ (1 sheet).
C. Schematic Landscape Plan, Tiburon Court, dated March 16, 2001.
D. Tiburon Court Conceptual Architecture Plans Booklet, date-stamped received July 2, 2001, prepared by DTH & Associates, 11"X17" format.
E. Tiburon Court Mitigation Plan, prepared by Diane L. Renshaw, revised 5/21/01 (2 sheets).
F. Letter from Don Henderson to Scott Anderson, dated March 27, 2001, detailing revisions to the project (1 page).
2. This Precise Development Plan approval incorporates all of the environmental mitigation measures listed in the approved Mitigation Monitoring Program, attached hereto as Exhibit "A". Applicant shall bear all costs for implementation and monitoring of the Mitigation Monitoring Program.
3. This Precise Development Plan is intended to reflect ultimate development of the property. No additional subdivision is permitted.
4. It is the intent of this Precise Development Plan approval that all residences constructed shall very closely resemble the homes presented in the Conceptual Architecture Plans Booklet, and set forth in the Letter dated March 27, 2001 from Don Henderson to Scott Anderson. Materials and colors used for all structures located within the boundaries of this Precise Development Plan shall blend into the natural environment. Exterior colors (including trim) shall be restricted to subdued, medium-to-dark earth-tones. Walls shall be native stone or stone-clad; natural wood shingle siding (no raw redwood), and dark earth-tone roofing materials shall be required. All homes shall maintain the appearance of a single story "Bungalow" style dwelling when viewed from Trestle Glen Boulevard.
5. The maximum gross floor area, as defined by the Tiburon Zoning Ordinance, allowed to be constructed on each lot shall not exceed 2,900 square feet, plus up to 600 square feet of garage space for each lot.
6. Buildings and accessory buildings shall be confined to the approved "building envelope" on each lot, as shown on the approved 1"=20’ scale Precise Development Plan Grading & Drainage Plan. No tennis courts are permitted.
7. No improvements of any type, including fencing and landscaping, shall be permitted outside the approved "residential use area" shown on the approved 1"=50’ Site Plan, except those required subdivision and construction-related improvements shown on the approved Precise Development Plan drawings.
8. Setbacks shall be as set forth on the approved 1"=20’ scale Precise Development Plan Grading & Drainage Plan, with the following additional setback requirements as set forth in application materials:
a. Lot 1 buildings shall be set back 120 feet from the existing pavement edge of Trestle Glen Boulevard.
b. Lot 4 buildings shall be set back 85 feet from the existing pavement edge of Trestle Glen Boulevard.
c. Lot 3 and Lot 4 buildings shall be set back a minimum of 50 feet from the "top of bank" of the intermittent stream.
d. Setbacks between residences shall be at least 50 feet measured from outside wall to outside wall.
9. Maximum heights of residences, as defined by the Tiburon Zoning Ordinance, shall be as follows:
a. Lots 1, 2, and 3 shall not exceed 24 feet in height at any point; Lot 4 shall not exceed 20 feet in height at any point.
b. Height from natural grade for Lot 1 shall range from 10 to 18 feet but shall not exceed 18 feet at any point.
c. Height from natural grade for Lot 2 shall range from 12 to 18 feet but shall not exceed 18 feet at any point.
d. Height from natural grade for Lot 3 shall range from 12 to 20 feet but shall not exceed 20 feet at any point.
e. Height from natural grade for Lot 4 shall range from 10 to 16 feet but shall not exceed 16 feet at any point.
f. Accessory structures may not exceed 15 feet in height at any point.
10. Sloped roof areas shall not exceed 4/12 pitch. Sloped roof areas shall be clustered at the center of each house, with remaining roof areas to be flat or low-pitched to reduce visual impact.
11. Landscape palettes developed for each Lot shall be in substantial conformance with the Revised Schematic Landscape Palette attached as Exhibit "B" hereto.
12. Exterior lighting should be limited to the minimum amount necessary to safely illuminate points of access and outdoor use areas. In its review of individual homes, the Design Review Board shall carefully review all lighting to minimize its visibility from surrounding properties and Trestle Glen Boulevard.
13. All portions of lots outside of the "residential use area" and the 40-foot wide access and public utilities easement shall be contained and protected within an open space easement granted by the project sponsor to the Town of Tiburon. Said open space easement shall be recorded in conjunction with the recordation of the parcel map. Said easement shall acknowledge a possible future access driveway opposite Juno Road to serve the adjoining 14.5-acre parcel to the west. The open space easement language shall be reviewed and approved by the Town Attorney and Planning Director prior to approval of the parcel map.
14. A Trestle Glen Boulevard Frontage Buffer Landscape Plan (more detailed and depicting more plantings than the Schematic Landscape Plan drawing approved herein) shall be submitted for review and approval by the Planning Commission in conjunction with the tentative subdivision map application. This enhanced buffer landscape plan shall utilize primarily native, drought-tolerant plants, and shall maintain the natural hillside appearance of the frontage. The precise location, size, and type of plantings shall be specified by the project sponsor in the buffer landscape plan. Timing of buffer landscape installation, maintenance, and irrigation shall be specifically resolved, through recorded agreement if necessary, prior to approval of the Parcel Map.
15. In addition to the Tiburon Ridge Trail segment to be offered for public dedication and constructed by the project sponsor, a second public pedestrian easement shall be offered for dedication. This easement shall run laterally across the property, following the natural contours to the extent feasible, and shall connect the Tiburon Ridge Trail segment to the property line of the adjoining 14.5-acre parcel to the west.
16. In addition to the offer of dedication for the 10’ road widening strip along the length of the Trestle Glen Boulevard frontage, project sponsor shall contribute monetarily to the eventual construction of a bicycle lane. Said monetary contribution shall be paid prior to recordation of the parcel map and shall be calculated in accordance with legal principles governing such exaction.
17. Draft CC&R’s for the subdivision shall be prepared and submitted for review by the Town Attorney and Planning Director as part of the Tentative Map application. Said CC&Rs shall contain provisions and limitations as set forth in this Precise Development Plan approval to the satisfaction of the Town of Tiburon.
18. Due to parking limitations within the subdivision, secondary dwelling units, as defined by the Tiburon Zoning Ordinance, shall not be permitted within this subdivision. CC&R’s shall incorporate this limitation.
19. All requirements of the Town Engineer with respect to drainage and utilities shall be met. The Town’s preference at this time is to require improvement of the existing undersized Belveron Drainage Ditch and pipe east of Juno Road and direct the project’s flow into the upgraded facilities. In addition, drainage mitigation fees will be required per the Tiburon Municipal Code.
20. This Precise Development Plan approval shall be valid for 36 months following its effective date, and shall expire unless subsequent zoning and/or building permits have been issued pursuant to this approval. A time extension may be granted if such request is filed prior to the expiration date.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon held on ______________________, 2001 by the following vote:
AYES:
NOES:
ABSENT:
______________________________
STEVE STEIN CHAIRMAN
Tiburon Planning Commission
ATTEST:
_________________________________
SCOTT ANDERSON, SECRETARY
OTT ANDERSON, SECRETARY /scott/39903pcres.doc