HomeMy WebLinkAboutTC Res 2000-12-06 (2)
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RESOLUTION NO. 3463
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON
GRANTING THE APPEAL BY ST. HILARY CHURCH
OF THE DENIAL OF A CONDITIONAL USE PERMIT FOR
THE EXPANSION OF AN EXISTING CHURCH AND SCHOOL
AND IMPOSING ADDITIONAL CONDITIONS,
AND ADOPTING A MITIGATION MONITORING PROGRAM,
FOR PROPERTY LOCATED AT 761 HILARY DRIVE
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section 1. Findings,
A.
On October 25, 1999, the Town of Tiburon received a Land Development Application
(File #19908) (the "Application") from St. Hilary Church ("St. Hilary") with regard to
property at 761 Hilary Drive (the "Property"), As refined by St. Hilary on June 19, 2000.
the Application seeks a conditional use permit ("CUP") for replacement of certain
existing structures on the Property, specifically: a single-story, 4,700 square foot parish
hall; a single-story, 9,000 square foot classroom; a single-story, 2,325 square foot
convent with a 575 square foot garage; and a two-story, 2,500 square foot rectory with a
575 square foot garage, It also seeks approval to construct a new 30-foot tall, 8,300
square foot gymnasium, In addition, the application seeks a conditional use permit to
operate the Tiburon Peninsula Catholic Youth Organization (CYO) athletic program,
including basketball and volleyball practices and games, sponsored by St. Hilary,
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The Application consists of the following:
I, Application form and supplemental materials received October 25, 1999
2, Revised project description, dated June 15, 2000
3. Letter from Case Architects, dated June 12, 2000
4, Focused Traffic/Parking Analysis prepared by George W, Nickelson,
dated January 25,2000, and supplemental traffic review, dated June 8,
2000
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TIBURON TOWN COUNCIL
RESOLUTION NO. 3463
DECEMBER 6, 2000
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5,
Acoustical Analyses prepared by Lumina Technologies, dated July 26,
1999; June 17,2000; and October 31,2000; and an acoustical analysis
prepared by Joel A. Lewitz, dated August 9, 2000
6. Geological and Geotechnical Investigation prepared by Treadwell &
Rollo, dated October 25, 1999, and letters from Treadwell & Rollo, dated
January 26,2000 and June 21, 2000
7, Hydrologic Analysis, dated October 25, 1999
8, Geologic Reconnaissance and Boring Location Map, dated October 22,
1999
9, Floor plans and elevations, dated October 25, 1999, and revised floor
plans and elevations, dated June 19, 2000,
B, After holding duly-noticed hearings on May 10, 2000, June 28, 2000, and August 9,
2000, the Tiburon Planning Commission found that the Application was inconsistent with
the findings required to approve a conditional use permit application under Sections
4.04,02 and 4,04.03 of the Tiburon Zoning Ordinance and denied the Application. On
September 13,2000, the Planning Commission adopted Resolution No, 2000-13 denying
the Application,
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C On September 25,2000, St. Hilary filed a timely appeal of the Planning Commission's
decision,
D, On November 9,2000 and November 14, 2000, the Town Council held duly noticed
public hearings and heard and considered testimony from interested persons,
E. St. Hilary has existing conditional use permits (Marin County Files #15201 and #16006)
to use the Property for church, school, rectory and convent purposes, These existing
permits do not allow for the proposed improvements, which require the new Conditional
Use Permit requested by St. Hilary.
F, The Council finds, based upon the complete record and public testimony, that all of the
proposed improvements, as modified by conditions of approval contained within this
resolution, are consistent with the Tiburon General Plan, applicable provisions of the
Tiburon Zoning Ordinance and applicable Goals and Principles of the Design Guidelines
for Hillside Dwellings,
G, The Council further finds that the proposed expansion of the church and school, as
modified by conditions of approval contained within this resolution, is consistent with
and furthers the following policies and programs of the Tiburon General Plan:
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TIBURON TOWN COUNCIL
RESOLUTION NO. 3463
DECEMBER 6. 2000
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1.
Policy LU-l of the Land Use Element states that "the Town shall provide for
sufficient diversity of land uses such that public, quasi-public, recreational and
shopping facilities are conveniently located and available to each resident of the
community." The project includes a full-sized gymnasium for the use of St.
Hilary's students and for other children involved in the Catholic Youth
Organization ("CYO") volleyball and basketball programs. At present, no such
gymnasium is located on the Tiburon peninsula. St. Hilary provides a convenient
location for the CYO recreational program, accessible to all children on the
Tiburon Peninsula, St. Hilary is located less than 500 feet away from Tiburon
Boulevard, the main thoroughfare on the Tiburon Peninsula. Access to the
gymnasium from the main thoroughfare would make the site convenient for
Tiburon Peninsula families who no longer would have to drive long distances to
other parts of Marin County for their children to participate in a similar recreation
programs,
2, Traffic generated by activities associated with the proposed church and school
expansion is consistent with the Circulation Element. All traffic studies prepared
in the review of this application concluded that CYO traffic would not result in
any significant adverse impacts or change the existing level of service at roadway
intersections, All CYO traffic would use Rock Hill Drive, which is identified as a
Collector Street on Tiburon's Street System Diagram C-l contained within the
Circulation Element,
3,
Regional Transportation Planning Policy C-37 ofthe Circulation Element
provides that the Town will engage in good faith participatory planning toward
alleviating congestion along U.S. Highway 101. Having a facility available for
CYO use in Tiburon will decrease the Town's and peninsula's contribution to
congestion on Highway 101 by reducing the number oflocal cars making trips
outside ofTiburon for CYO practices.
4, Parking Policy C-24 of the Circulation Element provides that the Town should
encourage reciprocal parking for facilities with different peak hour operating
demands. Because the St. Hilary CYO program operates primarily during non-
school hours, and will not operate during peak church attendance on Sunday
mornings, the need for parking by program participants can be accommodated
using St. Hilary's existing parking facilities.
5. Noise Policy N-4 of the Noise Element provides that the Town should use the
Noise and Land Use Compatibility Guidelines contained in the General Plan to
determine where noise levels in the community are acceptable or unacceptable,
All of the noise studies prepared for the Application found that the activities
associated with CYO practices and games were within the "normally acceptable"
range for residential areas contained in Table A of the Noise Element.
RESOLUTION NO, 3463
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TIBURON TOWN COUNCIL
DECEMBER 6. 2000
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Recreation Goal PR-A of the Parks and Recreation Element is "to provide
sufficient land and facilities for a balanced system of parks and recreation in the
Tiburon Planning Area." The addition of a gymnasium would provide a new
recreational facility that would improve the balance of recreational activities
available on the Tiburon Peninsula. Policy PR-l 0 of the Parks and Recreation
Element states that "recreation programming should serve the needs, interests, and
desires of the community as a whole, and should be responsive to trends and
fashions in recreation," St. Hilary has indicated that the CYO programs that
would operate within the proposed gymnasium would be available to all children
on the Tiburon Peninsula. Policy PR-ll states that "recreation programs should
be offered on a year-round basis." The gymnasium at St. Hilary would serve
CYO basketball and volleyball practices and games eight months a year, and
would also support the ongoing recreational needs of the students of St. Hilary
School.
I. The Council further finds that the proposed expansion of the church and school, as
modified by conditions of approval contained within this resolution, is consistent with the
findings necessary to approve a conditional use permit as described in Section 4.04,02 of
the Tiburon Zoning Ordinance, which are as follows:
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1.
Determine whether the location proposed for the Conditional Use applied for is
properly related to the development of the neighborhood as a whole,
The use of a new gymnasium for the St. Hilary CYO athletic program is an
appropriate extension ofSt. Hilary's established use of the property for school
and church purposes. The traffic and acoustical studies prepared in the review of
the Application establish that the proposed expansion of the church and school, as
modified by conditions of approval contained within this resolution, will not
create significant traffic or noise impacts for neighboring residents. Participants
in the St, Hilary CYO practices and games will access the proposed gymnasium
directly from the entry to the school on Rock Hill Drive, and will not cause
additional traffic past the existing homes along Hilary Drive, Because Rock Hill
Drive is designated as a residential collector street, the addition of an estimated 18
vehicle trips per hour during CYO games and practices would not have a
significant adverse impact on the homes that are adjacent to that street. The
location of the gymnasium, classroom addition, parish center and rectory
expansion, as well as the location of the proposed convent, are relatively flat, and
these buildings would not obstruct views from any surrounding residences,
Determine whether the location proposed for the particular Conditional Use
applied for would be reasonably compatible with the types of uses normally
permitted in the surrounding area,
The types of uses permitted in the surrounding area consist ofSt. Hilary's existing
church and school uses, the Community Congregational Church, and neighboring
TIBURON TOWN COUNCIL
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RESOLUTtON NO. 3463
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DECEMBER 6, 2000
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residential uses. The proposed construction of a gymnasium, classroom addition,
parish center, rectory expansion and convent is compatible with church and
school uses, which are traditionally established within residential neighborhoods
such as those surrounding the Property.. The new activity introduced by the CYO
program will occur during, after-school, early evening and weekend hours when
many residents are returning from work or school, neighborhood children are
playing outside, and residents are performing home and garden maintenance, As
CYO practices and games will not extend past 7:30 p.m. on Mondays,
Wednesdays and Fridays; wi1\ not extend past 6:30 p.m. on Tuesdays and
Thursdays; and wi1\ take place only between 9 a.m. and 3 p.m, on Saturdays; and
due to the modifications to the construction of the gymnasium and the limitations
on the operations of the CYO program contained with the conditions of approval
of this resolution, the CYO use of the gymnasium wi1\ not conflict with the
residential uses surrounding the Property.
3,
Evaluate whether or not adequate facilities and services required for such use
exist or can be provided.
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The proposed CYO athletic program is not currently served by adequate facilities,
Children from the Tiburon Peninsula must travel as far as Novato or San Rafael,
on a daily basis, to participate in the program, This travel presents safety risks for
the children and increases vehicle trips on the already congested Highway 101,
The applicant has indicated that additional building space is also needed to
provide appropriate educational facilities for St. Hilary School, and to provide
adequate space for the ongoing needs of St. Hilary Church,
4,
Stipulate such conditions and requirements as would reasonably assure that the
basic purposes of this Ordinance and the objectives of the General Plan would be
served,
Conditions and requirements are stipulated below which would reasonably assure
that the basic purposes of this Ordinance and the objectives of the General Plan
would be served,
5, Determine whether the Town is adequately served by similar uses presently
existing or recently approved by the Town,
Tiburon is not adequately served by similar uses since there is no similar
gymnasium in Tiburon and no facility in Tiburon provides a CYO athletic
program.
1. The Town Council further finds that approval of the subject conditional use permit, as
modified by conditions of approval contained within this resolution, is supported by the
following factors which are required to be considered under Section 4.04,03 of the
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TIBURON TOWN COUNCIL
RESOLUTION NO, 3463
DECEMBER 6. 2000
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Tiburon Zoning Ordinance regarding whether or not any conditional use should be
permitted in a specific location:
1. The relationship of the location proposed to:
(a) The service or market area of the use or facility proposed.
The primary service area of St. Hilary Church and School and its CYO
program will be the Tiburon Peninsula, but also includes other
communities in Marin County, The St. Hilary CYO program will offer a
benefit to residents of the Tiburon Peninsula and their children by
providing a facility much closer to their homes and schools than currently
is available, St. Hilary is located with 500 feet of Tiburon Boulevard, a
major thoroughfare, and thus offers convenient access to participants,
(b)
Transportation, utilities, and other facilities required to serve it,
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The Property is adequately served by existing transportation facilities and
utilities, The increased traffic generated by the St. Hilary CYO program
Project will not cause the level of service for the Rock Hill Drive!Tiburon
Blvd. intersection to drop below "LOS A." This traffic would produce
additional vehicle trips on Rock Hill Drive, but those trips will be made
during traditionally off-peak hours so the increase does not conflict with
any General Plan policy regarding traffic in residential areas, In addition,
Rock Hill Drive is a residential collector street and thus is designed to
accommodate the additional traffic, The proposed expansion of the
church and school includes a reconfigured parking area that will provide
123 parking spaces, which is adequate to meet the existing parking needs
for the church and the parking needs of the CYO program.
(c)
Other uses of land in the vicinity,
The other uses in the vicinity include another church (Community
Congregational) and existing single-family residential neighborhoods,
The proposed expansion of the church and school, as modified by
conditions of approval contained within this resolution, would be
compatible with residential uses in the vicinity.
2, Probable effects on persons, land uses, adjoining properties, and the general
vicinity, including:
(a) Probable inconvenience, damage, or nuisance from noise, smoke, odor,
dust, vibration, radiation, or similar causes,
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TtBURON TOWN COUNCIL
RESOLUTION NO. 3463
DECEMBER 6, 2000
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The St. Hilary CYO program is not likely to result in adverse impacts on
neighbors with respect to noise, All of the noise studies completed during
the review of the Application concluded that the project, and in particular
the CYO program, would not result in significant noise impacts for
neighboring residents. Specifically, the August 9, 2000 Lewitz Acoustical
Report on Mt. Tamalpais School Gym concluded that sounds from the
proposed St. Hilary gymnasium would not be audible beyond the gym
because of the ambient background noise level at residences adjacent to
St. Hilary, and the proposed mitigations that will provide 5 to 10 dB of
noise reduction. In these circumstances, occasional scoreboard horn noise
that might be audible would not be sufficient to create inconvenience or
nuisance for neighbors,
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Further mitigation will be provided by the conditions of approval
contained within this resolution, including the installation of non-operable
doubled glazed or laminated glass windows in the gymnasium; the
requirement that all exterior entrances of the gymnasium consist of a
vestibule comprised of two sets of doors to design an interior corridor
providing interior and exterior doors for entrance to the gymnasium;
elimination of windows on the back side of the facility to reduce noise
impacts uphill from the Property; the requirement that the buzzer on the
scoreboard within the gymnasium be adjustable; the installation ofbaffies
around the HV AC unit for the gymnasium, and the prohibition on
operating the HV AC after the gymnasium is closed; and the requirement
that a supervising adult from St. Hilary be present at all times to enforce
operating hours and all pertinent conditions of approval related to the
CYO activities,
Dust raised by construction activities associated with the proposed project
will be required to be mitigated by watering the site during construction,
The proposed expansion of the church and school is not anticipated to
generate significant smoke, odor, vibration, or radiation,
(b) Probable hazard from explosion, contamination, or fire.
There is no probable hazard from any of these causes,
(c) Probable inconvenience, economic loss, or hazard occasioned by unusual
volume or character of traffic or the congregating of a large number of
people.
Although the St. Hilary CYO program is expected to produce up to 18
additional vehicle trips per hour on Rock Hill Drive during CYO
activities, those trips will be made during traditionally off-peak hours and
are not sufficient to constitute "unusual volume or character." Traffic
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TIBURON TOWN COUNCIL
RESOLUTION NO. 3463
DECEMBER 6. 2000
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studies prepared for the proposed project indicate that the level of service
for the Rock Hill Drive!Tiburon Boulevard intersection will not drop
below "LOS A" In addition, Rock Hill Drive is a residential collector
street and thus is designed to accommodate the additional traffic generated
by the proposed project, With the exception of the proposed gymnasium,
the remainder of the proposed project would not generate additional
traffic, as the other proposed facilities are intended to better serve the
existing needs of St. Hilary Church and School, and would not result in an
increase in school enrollment.
No inconvenience is likely to result from the congregating of people for
the St. Hilary CYO program, since all activities will be conducted entirely
on St. Hilary property and proposed on-site parking is adequate to
accommodate the activities, A condition of approval requiring that a
supervising adult from St. Hilary be present at all times to enforce
operating hours and all pertinent conditions of approval related to the
CYO activities will further minimize potential inconvenience caused by
the use of the proposed gymnasium,
(d)
The number of such uses presently existing or recently approved within
the area.
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No other CYO athletic program is offered on the Tiburon Peninsula, and
no other churches or private or public schools in Tiburon are developed
with a gymnasium similar to that proposed for St. Hilary or other facility
that would be adequate for the CYO athletic program, Another church
(Community Congregational Church) presently exists up Rock Hill Drive
from the property, but this church does not include a school or the same
range of activities as provided by St. Hilary Church and School.
(e)
The need of the community for additional numbers of such uses, paying
particular heed to whether the neighborhood is already served by similar
uses.
Neither the neighborhood nor the Town ofTiburon is served by a
gymnasium or other facility that provides adequate facilities for the CYO
athletic program, including a full-size basketball court and bleachers for
seating space, Thus, the proposed CYO program at St. Hilary will fill a
demonstrable community need.
K. The Council further finds the following with respect to the project's consistency with the
Zoning Ordinance:
1. A critical element to this Council's approval of the project is the finding that the
project's impacts on surrounding residences:vill be minimal due to conditions of
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TIBURON TOWN COUNCIL
RESOLlITION NO, 3463
DECEMBER 6, 2000
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approval that, without limitation, eliminate some of the proposed improvements,
limit the size and height of certain approved structures and limit the time and type
of use of the proposed improvements, The Council further relies on the
statements ofSt. Hilary's pastor, the Reverend James Tarantino, that other than
the CYO activities permitted under this resolution, the church does not intend to
expand or modify its activities in any manner that would cause off-site impacts,
The Conditions of Approval provide for periodic review of the project to ensure
that the project's impacts are in fact limited to those associated with the CYO
activities permitted under this resolution, In the event that the increased physical
facilities created by the project result in neighborhood impacts beyond those
contemplated by this resolution, the Planning Commission may impose further
conditions of approval on the use of the site to reduce those impacts,
2,
The Town's Zoning Ordinance allows a maximum height of30 feet for main
buildings and 15 feet for accessory buildings in the RO-l Zone in which the
Property is located, The school use of the site includes two classroom buildings
and the proposed gymnasium, which is attached to one ofthe classroom
buildings, In evaluating the application of the Zoning Ordinance height
restrictions to this project, the Council finds that both the gymnasium and the
classrooms are properly considered main buildings, In a modern school, a
program of physical education is commonly an integral part of school instruction,
A structure designed for physical education may therefore be as integral to the
school use as would be facilities designed for laboratory use for chemistry,
biology or computer science instruction. As a completely independent basis for
allowing the gymnasium to exceed 15 feet in height, the Council notes that it is
attached to a classroom building, which latter structure is indisputably devoted to
the main school use, Under the Zoning Ordinance, an otherwise accessory
structure that is attached to a main building is itself deemed a main b\lilding,
3, The Church use includes both the church itself and a new parish hall. The
Council finds that a meeting place such as the parish hall is integral to the church
use and that therefore the parish hall should be considered a main building rather
than an accessory building,
4. The Town's Zoning Ordinance allows a maximum lot coverage of 15% in the
RO-l Zone. As proposed, the project exceeds this maximum. This overage must
be cured prior to approval of Site Plan and Architectural Review of the project, as
set forth in the Conditions of Approval.
Section 2, Proiect Approval and Adoption of Mitigation Monitoring Program,
NOW, THEREFORE, BE IT RESOLVED that, for the reasons set forth above, the Town
Council of the Town of Tiburon does hereby approve Land Development Application 19908 and
grant St. Hilary Church and School a Conditional Use Permit for the expansion of the existing
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RESOLUTION NO. 3463
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TIBURON TOWN COUNCIL
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DECEMBER 6, 2000
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church and school facilities and adopts a mitigation monitoring program (Exhibit "A" attached
hereto) for the project, subject to the fonowing conditions and modifications:
General Conditions
1. The plans submitted to the Town dated June 19, 2000 are hereby approved, except
as modified herein. The maximum floor areas shan be as indicated on said plans,
2. The subject permit shan be reviewed by the Planning Commission at a public
hearing six (6) months after completion of the gymnasium, Additional reviews
shan occur once every six (6) months for the next year thereafter, and annually
after the first 18 months, During these reviews, the Planning Commission shan
have the authority to modify the restrictions of this permit to further restrict the
uses on the site, including, but not limited to, the potential to prohibit CYO use of
the gymnasium on weekends and/or weekday evenings; or have the ability to
relax the restrictions contained within this resolution if the Commission
determines that such modifications would be consistent with the spirit and intent
of this resolution and would not result in additional impacts on the surrounding
neighborhood, The Town reserves the right to amend or revoke this Conditional
Use Permit for cause, in accordance with adopted regulations of the Town,
3.
All construction associated with this project shall be completed in two phases.
Construction of both phases shan be completed within thirty (30) months of the
beginning of construction of the first phase,
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4, The applicant shan meet an requirements of the Tiburon Fire Protection District
and all other applicable agencies.
5, The applicant shan obtain an necessary permits from the Town Building Division
for the proposed addition.
6, The Town of Tiburon shan select and retain its own noise consultant to evaluate
the proposed noise mitigations to be included in construction of the gymnasium
and the noise impacts of the gymnasium operations, The applicant shan pay the
costs of the preparation of this noise study, This noise study shall be conducted
prior to the first Planning Commission review of the subject conditional use
permit.
Church and School Conditions
7, The proposed new rectory building is not approved. An expansion to the rear of
the existing rectory building is permitted,
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TtBURON TOWN COUNCIL
RESOLUTtON NO, 3463
DECEMBER 6. 2000
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The convent shall only be occupied by nuns, sisters and/or persons directly
connected to the church. The convent shall not be rented out or sold to other
parties or individuals,
9. The maximum school enrollment shall be limited to 335 students. All school
programs shall be limited to grades K-8, with no program for pre-school aged
children.
10, After completion of the new classroom addition and associated circulation
improvements, traffic for children in Grades 6-8, except for school buses, shall
not use the Hilary Drive entrance in the morning, but during that time shall
ingress and egress off Rock Hill Drive directly,
11, A school representative shall be posted for the primary purpose of controlling
vehicular speed at the corner of Rock Hill Drive and Hilary Drive and another
school representative shall be posted at the Hilary Drive entrance to the St. Hilary
property on all school days from 7:30 a.m. to 8: 10 a,m.
12. Church clerestory lights shall be turned off when the church is not is use,
13, When the gymnasium is complete, the existing outdoor basketball hoops and
standards shall be removed and not replaced,
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14.
Church and/or school functions shall be limited during construction periods based
upon site and parking constraints caused by construction.
15. St. Hilary will implement written procedures to limit concurrent functions at the
project that may over burden the parking facilities, which shall include the name
and telephone number of a responsible contact at St. Hilary that individuals may
contact in the event there are concerns or complaints regarding parking impacts,
Gymnasium Requirements
16, Non-operable and double-glazed and/or laminated glass windows shall be
installed throughout the gymnasium. No skylights or clerestory windows shall be
installed within the gymnasium. No windows shall be permitted on the back side
of the gymnasium,
17, All exterior entrances of the gymnasium consist of a vestibule comprised of two
sets of doors,
18. An adjustable buzzer shall be provided for the gymnasium scoreboard,
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TIBURON TOWN COUNCIL
RESOLUTION NO, 3463
DECEMBER 6. 2000
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19.
The HV AC unit for the gymnasium shall be baffled to reduce noise to
surrounding residents. The HV AC unit shall not be operated after tlte gymnasium
is closed each day,
20, All traffic using the gymnasium shall only ingress and egress using the entrances
on Rock Hill Drive.
CYO Limitations
21. The CYO use of the gymnasium shall be limited to September through March of
each year, Hours ofCYO use shall be limited to 8:00 a.m. to 7:30 p,m, on
Mondays, Wednesdays and Fridays; 8:00 a,m, to 6:30 p,m. on Tuesdays and
Thursdays; and 9:00 a.m, to 3:00 p.m. on Saturdays, CYO uses and all other
athletic uses shall be prohibited on all Sundays,
22, CYO games shall be scheduled with at least 45 minutes between the end of one
game and the beginning of the next game to avoid overlapping traffic and parking
impacts,
23, No CYO tournaments shall be played within the gymnasium. At least one St.
Hilary team must play in each game in the gymnasium.
24,
The CYO program shall be open to all children on the Tiburon Peninsula, based
on the normal age ranges for CYO participants, Children that are not students of
St. Hilary shall have equal priority to St. Hilary students and church members to
participate in the CYO program
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25, At least one supervising adult from St. Hilary shall be on duty at all time during
all CYO games and practices to ensure compliance with the operating hours and
to discourage activities that result in unwanted noise and/or traffic impacts on
homes in the vicinity.
Design Review Board Recommendations
26, Site Plan and Architectural Review approvals shall be obtained for all new
buildings and improvements approved under this permit, During the review of
these applications, the Design Review Board shall be encouraged to consider the
following recommendations in its review of the future facilities on the subject
property:
(a) Explore the possibility of stepping up the Parish Center from Lyddon Hall,
and attempt to lower the building height of the parish center to 25 feet.
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TlBURON TOWN COUNCIL
RESOLlITION NO, 3463
DECEMBER 6. 2000
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19.
The HVAC unit for the gymnasium shall be baffled to reduce noise to
surrounding residents, The HV AC unit shall not be operated after the gymnasium
is closed each day,
20, All traffic using the gymnasium shall only ingress and egress using the entrances
on Rock Hill Drive,
CYO Limitations
21. The CYO use of the gymnasium shall be limited to September through March of
each year. Hours ofCYO use shall be limited to 8:00 a.m. to 7:30 p.m. on
Mondays, Wednesdays and Fridays; 8:00 a.m. to 6:30 p.m. on Tuesdays and
Thursdays; and 9:00 a.m. to 3:00 p,m. on Saturdays. CYO uses and all other
athletic uses shall be prohibited on all Sundays,
22. CYO games shall be scheduled with at least 45 minutes between the end of one
game and the beginning of the next game to avoid overlapping traffic and parking
impacts,
23. No CYO tournaments shall be played within the gymnasium. At least one St.
Hilary team must play in each game in the gymnasium.
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24.
The CYO program shall be open to all children on the Tiburon Peninsula, based
on the normal age ranges for CYO participants, Children that are not students of
St. Hilary shall have equal priority to St. Hilary students and church members to
participate in the CYO program
25. At least one supervising adult from St. Hilary shall be on duty at all time during
all CYO games and practices to ensure compliance with the operating hours and
to discourage activities that result in unwanted noise and/or traffic impacts on
homes in the vicinity,
Desil!n Review Board Recommendations
26, Site Plan and Architectural Review approvals shall be obtained for all new
buildings and improvements approved under this permit. During the review of
these applications, the Design Review Board shall be encouraged to consider the
following recommendations in its review of the future facilities on the subject
property:
(a) Explore the possibility of stepping up the Parish Center from Lyddon Hall,
and attempt to lower the building height of the parish center to 25 feet.
(b) Set back the location of the convent from the street approximately the
same distance as other homes along the adjacent portion of Hilary Drive,
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T1BURON TOWN COUNCIL
RESOLlmON NO, 3463
DECEMBER 6, 2000
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(c)
Minimize or mitigate all exterior windows and skylights to minimize light
pollution on nearby residential neighborhoods.
(d) Reduce the height of the gymnasium to 25 feet.
(e) Reduce the height of the classroom addition to 20 feet.
(t) (Deleted)
(g) Mitigate glare and light pollution from parking lot lighting by requiring
use ofIight standards that direct light downward and baffles or other
necessary devices.
(h) Attempt to preserve as many mature trees as possible on the site, and
require adequate replacement trees if tree removal is deemed necessary.
(i) Require that all exterior lighting use downlight fixtures and, if necessary,
baffles so that light cannot be seen directly by neighbors,
G) Require a fence or other form of sound barrier at the top lip of the slope
facing the downhill property owners along Hilary Drive. The barrier
should be landscaped,
,-..
27,
The applicant shall obtain an approved lot line adjustment from the Tiburon
Planning Department to reduce the total lot coverage of buildings for this project
to 15.0% or less. This lot line adjustment shall be obtained prior to approval of
Site Plan and Architectural Review applications required for the project.
PASSED AND ADOPTED at a regular meeting of the Town Council on December 6,
2000, by the following vote:
AYES:
COUNCILMEMBERS:
THOMPSON, GRAM, MATTHEWS,
AND HENNESSY
NONE
BACH
Od2J~
ANDREW THOMPSON, MA
TOWN OF TffiURON
-
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
DIANE CRANE IACOPI, TO
CLERK
I""'
TffiURON TOWN COUNCIL
RESOLlTTION NO, 3463
DECEMBER 6. 2000
13
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MITIGATION MONITORING PROGRAM
ST HILARY'S CHURCH EXPANSION
FILE # 19908
761 HILARY DRIVE
1R.r~/r.~ AJ~. 3r~~
EXHIBIT NO. A-
Aesthetics
Mitigation Measure:
l.b.l. Prior to the issuance of grading or building permits for the buildings on the
subject property, the building design and landscaping ofthe property shall receive
Site Plan and Architectural Review approval pursuant to Section 4.02.00 ofthe
Tiburon Zoning Ordinance. At least 176 trees shall be planted in a landscaping
design so as to minimize and effectively mitigate any visual impacts on the
surrounding neighborhood.
IIIlPlementation Procedure:
The Tiburon Design Review Board shall review the submitted landscaping plans to insure
that any visual impacts on the surrounding neighborhood are mitigated. The Building
Official shall not accept plans for building plan check nor issue building permits without
verification that the proposed building has received Site Plan and Architectural Review
approval by the Design Review Board.
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Non-Compliance Sanction:
Building permits shall not be issued without proof of Site Plan and Architectural Review
approval; no final sign off if building and landscaping is not completed in compliance
with said approval; halt construction; fines.
Mitigation Measure:
I.c.l. Prior to the issuance of grading or building permits for the proposed
buildings on this property, the building design and landscaping ofthe structures
shall receive Site Plan and Architectural Review approval pursuant to Section
4.02.00 ofthe Tiburon Zoning Ordinance. The buildings and landscaping shall be
designed so as to minimize and effectively mitigate any visual impacts on the
surrounding neighborhood.
Implementation Procedure:
The Tiburon Design Review Board shall review the submitted building and landscaping
plans to insure that visual impacts on surrounding residences are minimized and
effectively mitigated. The Building Official shall not accept plans for building plan
check nor issue building permits without verification that the proposed building has
received Site Plan and Architectural Review approval by the Design Review Board.
MITIGATION MONITORING PROGRAM
FILE # I 9908
4/2000
1
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Non-Compliance Sanction:
Building permits shall not be issued without proof of Site Plan and Architectural Review
approval; no final sign off if building and landscaping is not completed in compliance
with said approval; halt construction; fines.
Air Oualitv
Mitil1:ation Measure:
3.b.l. The site shall be watered during construction to reduce the impacts of such
dust to acceptable levels.
Implementation Procedure:
The Building Inspector shall observe the site during all inspections for evidence of
watering or fugitive dust.
Non-Compliance Sanction;
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Failure to comply with site watering requirements or observation of fugitive dust will
result in the issuance of correction notices, citations, a project stop-work order, or other
available enforcement methods. .
Geologv and Soils
Mitigation Measure:
6.a.1. All improvements, including structures, fills, utilities and roads should be
designed to resist earthquake groundshaking. The latest seismic safety building and
engineering techniques should be employed in the design of all structures on the site.
Implementation Procedure:
Construction drawings submitted by applicant for building permit must show proposed
structural integrity reinforcements acceptable to the Town Engineer and other mechanical
and architectural reinforcements acceptable to the Building Official. Responsibility of
Building Official to ensure plans contain this information and that structural integrity
reinforcements have been approved by the Town Engineer. Actual installation of
approved structural integrity measures and other mechanical and architectural
improvements shall be confirmed by the Building Official prior to final inspection and
sign off on the building and/or grading permit
Non-Compliance Sanction:
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MITIGATION MONITORING PROGRAM
FILE # 19908
412000
2
_ No issuance of building permit if structural integrity measures and mechanical and
architectural reinforcements are not shown on plans; no final sign off if these measures
and reinforcements not installed; halt construction; fines.
Mitil!ation Measure:
6.a.2. Structures should be designed to accommodate settlement. When this is not
acceptable, it will be necessary to support improvements (structures, utilities, roads,
etc.) on piers extending into finn materials below filL
Implementation Procedure:
Construction drawings submitted by applicant for building permit must show proposed
structural integrity reinforcements acceptable to the Town Engineer and other mechanical
and architectural reinforcements acceptable to the Building Official. Responsibility of
Building Official to ensure plans contain this information and that structural integrity
reinforcements have been approved by the Town Engineer. Actual installation of
approved structural integrity measures and other' mechanical and architectural
improvements shalI be confirmed by the Building Official prior to final inspection and
sign off on the building and/or grading permit
Non-Compliance Sanction:
r"'
No issuance of building permit if structural integrity measures and mechanical and
architectural reinforcements are not shown on plans; no final sign off if these measures
and reinforcements not instalIed; halt construction; fines.
Mitigation Measure:
6.a.3. Portions of landslides shall be removed and/or reconstructed as part of the
grading and construction of a proposed retaining wall at the northwest property
line. For landslide areas upslope of the proposed gymnasium, the Town Engineer
shall require that either the slopes be reconstructed, catchment structures
constructed to control slide debris, or the landslides left in place with ongoing
maintenance performed for the landslides.
Implementation Procedure:
Construction drawings and grading plans submitted by applicant for building permit must
show proposed landslide repairs and/or reconstruction acceptable to the Town Engineer
and other reinforcements acceptable to the Building Official. Responsibility of Building
Official to ensure plans contain this information and that landslide improvements have
been approved by the Town Engineer. Actual landslide repair and/or reconstruction and
installation of other approved improvements shalI be confIrmed by the Building Official
prior to final inspection and sign off on the building and/or grading permit
r-
MITIGATION MONITORING PROGRAM
FILE #19908
412000
3
- Non-Compliance Sanction:
No issuance of building permit if landslide repairs and/or reconstruction and other
reinforcements are not shown on plans; no final sign off if these measures and
reinforcements not installed; hatt construction; fines.
Mitil!ation Measure:
6.a.4. The Town Engineer or Building Omcial shall review all other
recommendations made within the Geological and Geotechnical Investigation
completed by Treadwell & Rollo (1999), Pages 21-29, and determine which
recommendations shall be required for construction of improvements on the subject
property.
Implementation Procedure:
Construction drawings and grading plans submitted by applicant for building permit must
show proposed geological improvements acceptable to the Tiburon Town Engineer.
Responsibility of Building Official to ensure plans contain this information and that it has
been approved by the Town Engineer. Actual implementation of required geological
improvements shall be confirmed by the Building Official prior to final inspection and
sign off on the building and/or grading permit.
r--.
Non-Compliance Sanction:
No issuance of building permit if recommended geological improvements area not shown
on plans; no final sign off if required improvements not implemented; halt construction;
fmes.
Hvdrolol!vand Water Oualitv
Mitigation Measure:
8.f.l. Project design and construction activities will utilize Best Management
Practices as described in the California Storm Water Best Management Practice
Handbook for Construction Activity, March 1993.
Imolementation Procedure:
BMP program to be approved by Town Engineer prior to issuance of building or grading
permits. Implementation ofBMP program shall be by the contractor, under review ofthe
Town Engineer.
Non-Cornoliance Sanction:
r--.
MITIGATION MONITORING PROGRAM
FILE # 19908
412000
4
__ Failure to comply with the approved construction BMP's will result in the issuance of
correction notices, citations, a project stop-work order, or other available enforcement
methods.
Noise
Mitil!ation Measure:
ll.a.l. A new three foot (3') high perimeter benning or masonry wall shall be
installed along the north property line.
Implementation Procedure:
The Tiburon Design Review Board shall review the submitted site and landscaping plans
to insure that the three foot (3') high perimeter berming or masonry wall is shown to be
installed along the north property line. The Building Official shall not accept plans for
. building plan check nor issue building permits without verification that the proposed wall
has received Site Plan and Architectural Review approval by the Design Review Board.
Non-Compliance Sanction:
--
Building permits shall not be issued without proof of Site Plan and Architectural Review
approval; no final sign off if wall is not completed in compliance with said approval; halt
construction; fmes.
Mitigation Measure:
1l.a.2. No clerestory windows shall be installed for the gymnasium.
Implementation Procedure:
The Tiburon Design Review Board shall review the building floor plans and elevations
plans to insure that no clerestory windows shalI be installed for the gymnasium. The
Building Official shalI not accept plans for building plan check nor issue building permits
without verification that the proposed building has received Site Plan and Architectural
Review approval by the Design Review Board.
Non-Compliance Sanction:
Building permits shall not be issued without proof of Site Plan and Architectural Review
approval; no final sign off if building and landscaping is not completed in compliance
with said approval; halt construction; fines.
Mitigation Measure:
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MITIGATION MONITORING PROGRAM
FILE #19908
412000
5
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ll.a.3. The gymnasium ceiling shall be made of acoustical tile, or shall consist of 20
percent soft material or a hanging panel. All interior gymnasium walls shall consist
of 30 percent soft materials or drapery.
Irnolementation Procedure:
The Building Official shall review the submitted building plans to insure that the
gymnasium ceiling shall be made of acoustical tile, or shall consist of 20 percent soft
material or a hanging panel, and that all interior gymnasium walls shall consist of 30
percent soft materials or drapery. The Building Official shall not accept plans for
building plan check nor issue building permits without verification that the proposed
building complies with this requirement.
Non-Cornoliance Sanction:
Building permits shall not be issued without proof of compliance with this requirement;
no final sign off if building is not completed in compliance with said approval; halt
construction; fines.
Mitil!ation Measure:
H.b.l. All construction activities shall comply with Tiburon building standards for
hours of operation. Construction shall be limited to 7:00 a.m. to 5:00 p.m., Monday
___ through Friday, and 9:30 a.m. to 4:00 p.m. on Saturdays. Work shall not be
performed on Sundays or on holidays recognized by the Town of Tiburon. Hours of
operation, maintenance, and servicing of heavy equipment shall be limited to 8:00
a.m. to 5:00 p.m., Monday through Friday.
Irnolementation Procedure:
Ensure contractor and any sub-contractors are aware of the Town's limited construction
hours, including those for use of heavy equipment. Building Inspector shall ensure that
these appear on the job card. Building Inspector and Police Department to enforce this
measure.
Non-Comoliance Sanction:
Police Department and/or Building Inspector to issue citations and/or halt construction.
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MITIGATION MONITORING PROGRAM
FILE # I 9908
412000
6