HomeMy WebLinkAboutTC Res 2019-02-20 (2) RESOLUTION NO. 03-2019
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
PARTIALLY GRANTING AN APPEAL OF THE DESIGN REVIEW BOARD'S
APPROVAL OF A REMODEL AND ADDITION OF
2000 PARADISE DRIVE
(ASSESSOR PARCEL NO. 059-172-46)
WHEREAS, on October 4, 2018, the Design Review Board held a duly noticed public
hearing to consider an application (File #DR2018-074) requesting the approval of a remodel of
an addition to an existing restaurant. The application consists of the following:
1. Application form and supplemental materials received June 20, 2018
2. Plans received September 25, 2018, and as supplemented by Plans
received January 10, 2019
The official record for this application is hereby incorporated and made part of this
Resolution. The record includes, without limitation, staff reports, minutes, application materials,
appeal materials, correspondence, and all comments and materials received at any public
hearings.
WHEREAS, at that hearing, the adjacent property owner opposed the application and
raised issues involving among other things, noise, impacts on views, and on neighborhood
character_ and
WHEREAS, following the public hearing, the Design Review Board voted 3-1 to
approve the application; and
WHEREAS, in approving the application, the Design Review Board found that the
project is exempt from further review under the California Environmental Quality Act (CEQA)
pursuant to 15301 and § 15303 of the CEQA Guidelines for the following reasons:
Project is exempt from CEQA pursuant to the same Class 1 and Class 3 categorical exemptions,
and that no exceptions to the exemptions apply.
Class I Categorical Exemption (CEQA Guidelines SS 13301 — Existing Facilities) The proposed
project consists of a 37 square feet addition. In addition, the project would reduce the number of
restaurant seats. As such, the project proposes minor repairs/alterations to an existing restaurant
involving negligible expansion of existing building.
Class 3 Categorical Exemption (CEQA Guidelines § 13303 — Neir Constructiofv/('onversion of
Small Structln•es) The proposed project involves a minor amount of new construction to add a 37
square foot addition and the restaurant use would not involve substantial hazardous materials
beyond use of the normal cleaning and sanitation materials typical of any restaurant. The
Town Council Resolution No. 03-2019 02/20/2019 Page 1 of 8
proposed awning would not create significant impact. Facade upgrades are typical of restaurant
improvements.
Categorical Exemption Exceptions (CEQA Guidelines § 15300.2)
Further, none of the exceptions listed in CEQA Guidelines Section 15300.2 apply. There is no
evidence that the Project will result in any adverse environmental impacts and the Project does
not involve any unusual circumstances or historical resources. hideed, the proposed project
would not significantly impact any environmental resource. In addition, there is no evidence that
any significant cumulative impacts would occur.
WHEREAS, on October 15, 2018, John Davis & Heidi Barnes (Collectively
"Appellants") filed a timely appeal of the Design Review Board's approval on the merits to the
Town Council, and did not raise the issue or challenge the approval based on the compliance
with CEQA; and
WHEREAS, on January 16, 2019, the Town Council held a duly-noticed public
hearing, on a de novo basis, on the appeal, during which testimony was heard and considered
regarding the application and the Design Review Board's review and decision on the application
and continued the hearing to February 6, 2019.
WHEREAS, on February 6, 2019, the Town Council held a continued public hearing
which testimony was heard and considered regarding the appeal with additional information
provided by that applicant. At the conclusion of the public hearing, the Town Council voted 5-0
to direct staff to prepare and return with a draft resolution for consideration of adoption at the
next meeting. The draft resolution would partially grant the appeal by adding certain conditions
of approval to the project.
WHEREAS, the Town Council finds that the project is exempt from further review
under CEQA pursuant to pursuant to § 15301 and § 15303 of the CEQA Guidelines for the same
reasons found by the Design Review Board. The Town Council directs staff to file a Notice of
Exemption to that effect.
NOW, THEREFORE, BE IT RESOLVED that the foregoing Recitals are true and
correct and are incorporated herein and form a part of this Resolution.
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon
hereby partially grants the appeal of the Appellants by imposing the following conditions of
approval as set forth on attached Exhibit "A", hereby fully incorporated and made a part of this
Resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council on February 20,
by the following vote:
AYES: COUNCILMEMBERS: Fraser, Fredericks, Kulik. Thier, Welner
NAYS: COUNCILMEMBERS: None
"hown Council Resolution No. 03-2019 02/20/2019 Page 2 of 8
Exhibit A
Conditions of Approval
Community Development Department
1. The roof height increase shall be the minimum required, not to exceed 12 inches,
to the extent reasonably practicable as determined by the Director of Community
Development in his sole discretion.
2. The HVAC equipment shall be located to the farthest northwest along Paradise
Drive, and as far from the appellant's property line, to the extent reasonably
practicable (without changing the interior layout of the kitchen), as determined by
the Director of Community Development in his sole discretion.
3. The Appellants shall be provided the opportunity to provide input on the height of
any rooftop screening for rooftop mechanical equipment, to the Applicant and the
Director of Community Development. Based on this input, the Director of
Community Development will require such screening as the Director deems
reasonable in his sole discretion.
4. With the exception of the front portion of the building facing Paradise Drive, and
on the western side, all fascia elements shall be eliminated.
5. To the extent permitted by law, the applicant shall indemnify and hold harmless
the Town, its Town Council, its officers, employees and agents (the "indemnified
parties") from and against any claim, action, or proceeding brought by a third
party against one of more of the indemnified parties or one or more of the
indemnified parties and the applicant to attack, set aside, or void this Resolution
or any permit or approval authorized hereby for the application, including
(without limitation) reimbursing the Town its actual attorneys' fees and costs
incurred in defense of the litigation. The Town may, in its sole discretion, elect to
defend any such action with attorneys of its choice, and will be fully reimbursed
by the applicant for any such costs.
6. 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.
7. The construction of this project shall substantially conform to the application as
approved by the Design Review Board on October 4, 2018, as may be amended
by these conditions of approval. Any substantial modification to the drawings
dated September 25 2018, stamped "Approved by Design Review Board October
4. 2018". (and as supplemented by Plans received January 10, 2019) as
determined in the sole discretion of the Director of Community Development or
Ins/her designee, shall be reviewed and approved by the Design Review Board.
Town Council Resolution No. 03-2019 02/20/2019 Page 4 of 8
8. Construction drawings submitted to the Building Division for plan check shall be
materially identical to those approved by the Design Review Board. If any
changes are made to the approved Design Review drawings, the permit holder is
responsible for clearly identifying all such changes when construction drawings
are submitted to the Building Division for plan check. For Planning Division
conformance check purposes, such changes must be clearly highlighted (with a
"bubble" or "cloud") on the submitted construction drawings. A list describing in
detail all such changes shall be submitted and attached to the construction
drawing set, with a signature block to be signed by the Planning Division Staff
member indicating that these changes have been reviewed and are approved, or
will require separate Design Review approval. All changes to a project that have
not been explicitly approved by Planning Division Staff as part of the Building
Division Plan Check process are not approved. Construction that does not have
Planning Division approval is not valid and shall be subject to stop work orders
and may require removal.
9. At the time of building permit submittal, construction drawings for building
pernhit shall demonstrate that all exterior lighting fixtures must be down-light type
fixtures with shielding.
10. At the time of building permit submittal, a photovoltaic energy system shall be
shown on the drawings in compliance with the requirements of Section 16-40.080
of the Tiburon Municipal Code and shall be installed and operational prior to
issuance of a Certificate of Occupancy or building permit final sign-off.
11. At the time of building permit submittal/planning conformance check, it shall be
confirmed that all skylights will be bronzed or tinted in a non-reflective manner
(minimum 25%), and no lights shall be placed in the wells of the skylights.
hnstallation in accordance with the approved plans shall be documented prior to
final building inspection sign-off.
12. At the time of building permit submittal, a copy of the Planning Division's
"Notice of Action", including the attached "Conditions of Approval" for this
project, shall be copied onto a sheet near the front of each set of construction
drawings.
13. All exterior HVAC units and generators shall conhply with the Toivn's Noise
Standards Policy for_4ir Conditioning Units.
www.towihoftiburon.()i-,/DocumentCenter/View/1050/HVAC-and-Sinhilar-
Mechanical-Equipment-Noise-Policv. If the units exceed any noise standards at
the property line, noise baffles or other sound reduction measures shall be
required to reduce the sound levels at the property lines and may require a
separate Design Review application. Compliance with all applicable noise
standards shall be established prior to the issuance of a building permit.
Town Council Resolution No. 03-2019 02/20/2019 Page 5 of 8
14. Throughout project construction_ fencing and/or walls located within a required
setback shall not exceed six feet (6') in height at any point, measured from grade
on both sides of the fence/wall, except where allowed by Municipal Code section
16-30.040(13)(2). All new fencing, walls and footings shall be located entirely on
the subject property.
15. Prior to commencement of construction, a construction information 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 remain
posted until the contractor has vacated the site.
16. Prior to under-floor inspection, a survey prepared by a licensed surveyor of the
structure foundation is required to be submitted to the Building Division.
Required documents shall include: 1) graphic documentation accurately locating
the building on a site plan; 2) specific distances from property lines and other
reference points to the foundation as appropriate; and 3) elevations relative to
mean sea level of the foundation walls and slabs. No additional inspections will
be provided until the confirming survey results have been submitted.
17. Prior to the issuance of a Certificate of Occupancy or final building inspection
sign-off, all landscaping and irrigation shall be installed in accordance with
approved plans. The installation of plantings and irrigation shall be verified by a
Planning Division field inspection prior to the issuance of occupancy permits.
18. Prior to the issuance of building permits, flood proofing shall be addressed to the
satisfaction of the Town of Tiburon Building Official.
19. Prior to final inspection, the applicant shall obtain a sign permit for the restaurant
name sign.
20. Prior to the issuance of a building permit, the applicant shall obtain all necessary
approvals from the Bay Conservation and Development Commission (BCDC).
21. The height limit increase shall be limited to 1 foot. Prior to Building Permit
issuance, the applicant shall clearly show (to the satisfaction of staff) the extent of
ariv height increase and the necessity for that height. Additionally, the applicant
shall provide staff with a height survey of the roof in the before condition.
22. Prior the final inspection, the applicant shall obtain a height survey to show that
the height increase was limited to the amount approved by the Director of
Community Development, as required by Condition 1.
Town Council Resolution No. 03-2019 02/20/2019 Page 6 of 8
23. All work shall be limited to the subject property.
24. There shall be no increase in the internal ceiling heights.
25. The proposed height along the ridge shall be a maximum of 12 inches above the
survey dimensions of the existing heights of the building, and as required by the
Director of Community Development as stated in Condition 1.
26. The awning shall project a maximum of no more than 5 feet.
Public Works Department
27. All requirements of the Town Engineer shall be met, including, but not limited to,
the following, which shall be noted on building plan check plans:
■ An Encroachment Permit from DPW is required for any work within the
Town's road right-of-way, including, but not limited to, utility trenching,
installation of new utility connections, and modifications to the driveway
apron. The plans shall clearly identify all proposed work in the right of
way and an Encroachment Permit shall be obtained prior to conducting
such work.
Tiburon Fire Protection District (TFPD)
28. Throughout the duration of project construction, all requirements of the Fire
Protection District shall be met_ including but not limited to the following:
■ Automatic Fire Sprinkler System Is Required per NFPA 13. An automatic
fire sprinkler system is required to be installed conforming to NFPA Std. 13.
Plans and hydraulic calculations shall be submitted to the Fire Marshal for
review prior to installation. Contact the Marin Municipal Water District to
apply for fire service connection. Additional sizing may be required due to
available pressures and fire flow.
■ System Supervision Required. All automatic fire sprinkler and fire alarm
systems. flow switches, and control valves shall be monitored by an approved
UL Central Station company, zoned and enunciated as required by the
California Fire Code.
■ Knox Key Access Required. 'Knox' key access shall be installed at the
premises conforming to TFPD Policy 423.1.
■ A Vegetation Managennent Plan (VMP) conforming to the policies of the
Tiburon Fire District shall be prepared and implemented at the site. The VMP-
Fuels Management Plan shall conform to Tiburon Fire Protection Policy
433.5. The plan shall be incorporated into the landscape plan for the project
and submitted to the Fire Marshal for review prior to implementation. The
plan shall be implemented prior to building final.
Town Council Resolution No. 03-2019 02/20/2019 Page 7 of 8
■ Exit Signage redlined to state " This Exit shall remain unlocked When
Occupied." The sticker that stated "...during Business Hours" is no longer
compliant to the 2016 Code.
■ Hood and Duct Extinguishing Systems. California Mechanical Code,
California Fire Code, State Fire Marshal Building Standards and Regulations,
Conformance Required. This will apply to the commercial cook line and duct
system and be covered under the Building Permit process.
Other Agencies
29. The applicant shall obtain any necessary sewer permits from Sanitary District No.
5 and pay all applicable fees (including connection & fixture fees) prior to
construction. Sanitary District #5 permit issued before construction starts:
■ Sewer line lateral video (Section. #610)
■ Check valve installation/confirmation (Section. #612)
■ All remodels, new construction or any work over $50k (Section. 8408. & #
611. (a)
o for Residential and Commercial projects
o Connection fees for additional bath/kitchen/laundry fixtures
o Require set of existing plans, as well as proposed plans, for comparison
purposes
■ Any bathroom or kitchen remodel work (Section. 4901.)
■ New Construction: Connection fees for new lot/home Residential and
Commercial
■ For Commercial Properties w/ Kitchens: installation/confirmation of grease
trap or interceptor
■ Payment for new fixture fees and permit
■ Permit issue for all outside sewer work lateral repairs or replacements to city
main sewer
House sales:
■ Real estate agents must provide the Sanitary District with a sewer line lateral
video before sale of a property, this is to review the condition of sewer lateral.
The Sanitary District inspector will determine if the line needs a repair or
replacement. (Section. 9408 & #611 (b) )
■ Check Valve installation/confirmation
■ All final projects with the city must have a Sanitary District final walk
through and job card sign off.
30. Prior to issuance of a Certificate of Occupancy by the Building Division,
applicant shall submit documentation from MMWD confirming that all applicable
requirements of MMWD have been satisfied for occupancy.
------- End of Conditions of Approval -------
Town Council Resolution No. 03-2019 02/20/2019 Page 8 of 8
DA ID KVLIK, M . YOR
TOWN OF TIBURON
ATTEST:
�6mf
LEA STEF NI, TOWN CLERK
Town Council Resolution No. 03-2019 02/20/2019 Page 3 of 8