The URL can be used to link to this page

Home My WebLink AboutTC Res 2015-03-18 (3) RESOLUTION NO. 09-2015 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DENYING AN APPEAL BY TRACY AND PETER DEMPSEY OF THE APPROVAL O�' SITE PLAN AND ARCHITECTURAL REVIEW FOR CONS'TRUCTION OF AI)DITIONS TO AN EXISTING TWO-FAMILY DWELLING ON PROPERTY LOCATED AT 2340 PARADISE DRIVE WHEREAS, on November 6, 2014, the Design Review Board held a public hearing to consider a Site Plan and Architectural Review application (Town File #714090) for the construction of a deck extension in the rear yard and five modified windows for an existing two-family dwelling located at 2340 Paradise Drive, proposed by Julia Shumelda ("Applicant"); and WHEREAS, at that hearing, the representative of the owners (Tracy and Peter Dempsey, "Appellants") of the adjacent home to the east at 2350 Paradise Drive, raised objections to the proposed project and asserted that the deck would block views and impact their privacy from two east side windows; and WHEREAS, after receiving public testimony and reviewing all of the evidence in the record, including site visits,the Design Review Board found that the proposed deck expansion could potentially have a small impact on some minor views for the Appellants, but that the proposed east side windows would not result in privacy impacts and the windows would provide additional light for the Applicant's hoine. The Board determined that scaling back the proposed deck would eliminate any potential rninor view blockage impacts. The Board voted 4-0 to conditionally approve the project, with an additional condition of approval that the southeastern corner of the extension of the deck be scaled back at a 45 degree angle from the point of the existing deck; and WHEREAS, on November 17, 2014,the Appellants filed a timely appeal of the Design Review Board's decision; and WHEREAS, on February 18, 2015,the Town Council held a duly-noticed de novo public hearing on the appeal and considered all evidence in the record regarding the proposed project and the Design Review Board's review of the application. Both Town staff and the Appellants presented photo simulations of the proposed improvements, which the Town Council compared to the diagrams and text of the Town's Hillside Design Guidelines, and WHEREAS, after hearing all testimony and reviewing all documents in the record, the Town Council determined that the deck extension and window modification, as originally proposed to the Design Review Board, would not result in material visual, light intrusion, or privacy impacts on the Appellants' property; and TIBUKON TOWN COUNCIL RESOLUTION NO.09-2015 MARCH 4,2015 1 WHEREAS, the Town Council determined,based on evidence in the record including staff reports and photographs, that the deck expansion and window modifications would be consistent with applicable sections of the Tiburon Municipal Code, including without limitation Section 16-52.020 (H),which establishes the guiding principles for Site Plan and Architectural Review. Without limiting the foregoing,the Town Council specifically found that the location of the proposed deck extension on the site is appropriate in relation to the location of improvements on adjoining sites, particularly with respect to view considerations, and is consistent with the neighborhood character and existing development in the vicinity. The photographs and other evidence in the record establish that the deck extension's impact, as originally proposed, would have an extremely minor impact on the Appellants' panoramic view and that the window modifications would not create any significant lighting or privacy impacts to Appellants' property; and WHEREAS, the Town Council also found, based on the staff report analysis and other evidence in the record, that the project as originally proposed to the Design Review Board was consistent with applicable provisions of the Town's Hillside Design Guidelines, including, without limitation, Goal 3, Principle 7, Sections A, C, D and E thereof; and WHEREAS, the Town Council voted 4-1 to direct Staff to prepare a resolution denying the appeal and removing the additional condition of approval imposed by the Design Review Board requiring that the southeastern corner of the proposed deck extension be scaled back at a 45 degree angle from the point of the existing deck ; and WHEREAS, the Town Council finds that the project is exempt from further review under the California Environmental Quality Act (CEQA) pursuant to section 15301(e) of the CEQA Guidelines in that the deck extension and modified windows constitute a minor addition/alteration to an existing structure, no increase in floor area is proposed, the project is located in an area where all public services and facilities are available, and the project is not in an environmentally sensitive location. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby deny the appeal of Peter and Tracy Dempsey, and removes the additional condition of approval imposed by the Design Review Board regarding the scaling back of the deck. BE IT FURTHER RESOLVED that the final conditions of approval imposed by the Town Council are attached as Exhibit"A" hereto. PASSED AND ADOPTED at a regular meeting of the Town Council on March 4, 2015, by the following vote: AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini NAYS: COIJNCILMEMBERS: None TIBURON TOWN COUNCIL RESOLUTION NO.09-2015 MARCH 4,2015 2 ABSENT: COLJNCILMEMBERS: None ', ��-�.�� fI� � ,�.--"'_.. FRANK X. DO LE, MAYOR TOWN OF TIBURON ATTEST: � �� f�,�� r/ DIANE CRANE IAL�OPI, TOWN CLERK Attaclunent: Exhibit"A" TIBURON TOWN COUNCIL RESOLUTION N0.09-2015 MARCH 4,2015 3 EXHIBIT "A" FINAL CONDITIONS OF APPROVAL 2340 PARADISE DRIVE; F1LE NO. 714090 1. This approval shall be used within three (3) years of the approval date, and shall become null and void unless a building permit has been issued. 2. Construction shall conform to the application and plans dated by the Town of Tiburon on August 20, 2014, as amended by these conditions of approval. Any modifications to the plans of October 6, 2014 must receive Design Review approval. 3. Project elements shown on construction drawings submitted to the Building Division for plan check shall be essentially identical to those project elements shown on drawings approved by the Design Review Board. The permit holder is responsible for clearly identifying on construction drawings any and all changes to project elements. Such changes must be clearly highlighted (with a"bubble" or"cloud") on the construction drawings. A list describing in detail all such changes shall be submitted and attached to the construction drawings, with a signature block to be signed by the Planning Division Staff inember indicating whether these changes have been reviewed and are approved, or will require additional Design Review approval. All such changes that have not been explicitly approved by the Town are not"deemed approved" if not highlighted and listed on construction drawings. Construction of any such un-approved project elements is in violation of permit approvals and shall be subject to Stop Work Orders and removal. 4. If this approval is challenged by a third party,the property owner/applicant will be responsible for defending against this challenge. The property owner/applicant agrees to defend, indemnify and hold the Town of Tiburon harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney's fees that might result from the third party challenge. 5. A copy of the Planning Division's "Notice of Action" including the atta.ched "Conditions of Approval" for this project shall be copied onto a plan sheet at the beginning of the plan set(s) submitted for building permits. 6. The applicant must meet all requirements of other agencies prior to the issuance of a building permit for this project. 7. All exterior lighting fixtures other than those approved by the Design Review Board must be down-light-type fixtures. TIBURON TOWN COUNCIL RESOLUTION NO.09-2015 MARCH 4,2015 4 8. A construction sign shall be posted on the site during construction of the project, in a location plainly visible to the public. The sign shall be 24" x 24" in size and shall be made of durable, weather-resistant materials intended to survive the life of the construction period. The sign shall contain the following information:job street address; work hours allowed per Chapter 13 of the Tiburon Municipal Code; builder (company name, city, state, ZIP code); project manager(name and phone number); and emergency contact (name and phone number reachable at all times). The sign shall be posted at the commencement of work and shall remain posted until the contractor has vacated the site. 9. The project shall comply with the following requirements of the California Fire Code and the Tiburon Fire Protection District (TFPD): a. Remodel area is 22 % of the home. No automatic fire sprinkler system required at this time. b. Approved smoke alarms shall be installed to provide protection to all sleeping areas. (CFC 907.2.10) c. The vegetation on this parcel shall comply with the requirements of TFPD and the recommendations of Fire Safe Marin(CFC 304.1.2) END TIBURON TOWN COUNCIL RESOLUTION NO.09-2015 MARCH 4,2015 S