HomeMy WebLinkAboutTC Res 2019-04-03 RESOLUTION NO. 10-2019
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
PARTIALLY GRANTING AN APPEAL OF THE DESIGN REVIEW BOARD'S
APPROVAL OF NEW SINGLE-FAMILY RESIDENCE WITH A VARIACE FOR
FRONT YARD SETBACK.
8 ROLLING HILLS ROAD
(ASSESSOR PARCEL NO. 058-111-24)
WHEREAS. on August 16, 2018, the Design Review Board held a duly noticed public
hearing to consider an application (File # DR2018-073 & VAR2018-019) for the construction of
a new single-family dwelling, with a Variance for front setback at 8 Rolling Hills Road; and
WHEREAS. the Project application consists of the following:
1. Application form and supplemental materials received June 19, 2018
2. Revised Plans received March 20, 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 continents and materials received at any public hearings.
WHEREAS, on August 16, 2018, the Design Review Board took testimony and
considered the application and continued the application to October 4, 2019; and
WHEREAS. on October 4, 2018, the Design Review Board tools testimony and
considered the application and continued the application to November 15, 2019; and
WHEREAS. on November 15, 2018, the Design Review Board took testimony and
considered the application; 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 § 15303 of the CEQA Guidelines for the following reasons:
Project is exempt from CEQA pursuant to the same Class 3 categorical exemption, and that no
exceptions to the exemptions apply.
Class 3 Categorical Exeinl)lion (CEQA Guidelines § 13303 — Neli, Construction/Conversion o/
S»nall Structures) 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
Town Council Resolution No. 10-2019 04/03;'2019 Page 1 of 10
beyond use of the normal cleaning and sanitation materials typical of any restaurant. The 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. Indeed,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 November 26, 2018, James & JoAnn To, Renate & George Lee, Allan
Rappaport, Rita Burgess & David Readerman, Matt & Sam Chatham (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 February 6, 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 March 20, 2019.
WHEREAS, on March 20 2019, the Town Council held a continued public hearing
which testimony was heard and considered regarding the appeal with additional information
provided by the applicant. At the conclusion of the public hearing,the Town Council voted 4-1 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 § 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 April 3, 2019
by the following vote:
AYES: COUNCILMEMBERS: Fraser. Fredericks, Kulik, Thier, Welner
NAYS: COUNCILMEMBERS: None
Town Council Resolution No. 10-2019 04/03/2019 Page 2 of 10
DAVID KULIK, MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEFANI tOWN CLERK
Town Council Resolution No. 10-2019 04/03/2019 Page 3 of 10
Exhibit A
Conditions of Approval
Community Development Department
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. The owner and/or applicant shall defend, indemnify, and hold the Town harmless
along with the Town Council, commissions, boards, agents, officers, employees,
and consultants frons any claim, action, or proceeding("action"), against the Town,
its boards, commissions, agents, officers, employees, and consultants attacking or
seeking to set aside, declare void, or annul the approval(s) of the project or alleging
any other liability or damages based upon, caused by, or related to the approval of
the project. The Town shall promptly notify the owner and/or applicant of any
action. The Town, in its sole discretion, may tender the defense of the action to the
owners and/or applicants or the Town may defend the action with its attorneys with
all attorney's fees and litigation costs incurred by the Town in either case paid for
by the owner and/or applicant.
9. The construction of this project shall substantially conform to the application as
approved by the Town Council on March 20. 2019, as may be amended by these
conditions of approval. Any substantial modification to the drawings dated March
12, 2019, stamped "Approved by Town Council March 20, 2018", as determined
in the discretion of the Director of Community Development or his/her designee,
shall be reviewed and approved by the Design Review Board.
10. Construction drawings submitted to the Building Division for plan check shall be
materially identical to those approved by the Town Council. If any changes are
made to the approved Town Council 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.
11. At the time of building permit submittal. construction drawings for building permit
shall demonstrate that all exterior lighting fixtures, other than those specifically
approved by the Town Council to be otherwise. must be down-light type fixtures
with shielding where appropriate.
Town Council Resolution No. 10-2019 04/03/2019 Page 4 of 10
12. 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.
13. Traffic Mitigation Fees shall be paid at the tune of issuance of the building permit.
14. 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.
Installation in accordance with the approved plans shall be documented prior to
final building inspection sign-off.
15. 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.
16. All exterior HVAC units and generators shall comply with the Town's Noise
Standards Policy fbr Air Conditioning Units.
www.townoftibur•on.org/DocumentCeiiter/View/1050/HVAC-and-Similar-
Mechanical-Equipment-Noise-Policv. If the units exceed this noise standards at
the property line, noise baffles or other sound reduction shall be required to reduce
the sound levels at the property lines and may require a separate Design Review
application.
17. 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(B)(2). All new fencing, walls and footings shall be located entirely on
the subject property.
18. 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, LIP 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.
19. 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 fi-om property lines and other reference points
Town Council Resolution No. 10-2019 04/03/2019 Page 5 of 10
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.
20. 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.
21. Prior to final inspection, the Applicant shall record a deed restriction on the subject
property with the Marin County Recorder's office that restricts the roof above level
three to be limited to solar panels and that no deck would be allowed on the roof
above level three. The language of the deed restriction shall be provided by
Planning Staff prior to recordation.
22. Prior to building permit issuance, the applicant shall revise the landscape plan to
include 5 Oak Trees (1" caliper) along the southwest property line to screen the
proposed Home from 88 Rolling Hills Road, in addition to the shrubs already
proposed along that property line.
23. Prior to final inspection, the property owner shall record a deed restriction that
requires the property owner to maintain in perpetuity all landscaping required by
the conditions of approval.
24. In the event any landscaping, trees or plants located on 88 Rolling Hills Road
(between the home at 88 Rolling Hills Road and the proposed home at 8 Rolling
Hills Road) die, decay or are removed,the applicant agrees that the owner(s) of 88
Rolling Hills Road may replant or reinstall landscaping, trees and/or plants of the
same type in the same location.
25. Prior to building permit issuance, the applicant shall revise the landscape plans
noting that no oak trees would be removed.
26. Prior to the issuance of a building permit, a construction management plan will be
provided to the Building Division for review and approval by the Building Official
and the Community Development Director. The required contents of the
construction tnana,-�ement plan are outlined in Attachment 1.
27. Prior to building permit issuance, the applicant shall revise the landscape plan so
that the tree located on the northeast corner shall be a smaller tree.
Public Works Department
28. Prior to issuance of a building permit, the applicant shall incorporate into
construction documents measures for site design, source control, run-off reduction
and stormwater treatment as found in the Bay Area Stormwater Management
Agency Association (BASMAA) Post-Construction Manual available at the
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Planning Division or online at the Marin County Stormwater Pollution Prevention
Program (MCSTOPPP) website at www.mcstoppp.org. Prior to commencement of
grading/building work on the site, the applicant shall implement the measures as
shown on the construction documents.
29. Throughout project construction, all requirements of the Town Engineer shall be
met, including, but not limited to, the following, which shall be noted on Building
Division drawings submitted for plan check:
(a) If over 2,500 square feet of surface area will be added or replaced, the
site must provide at least one Post Construction mitigation in accordance
with E.12 of the Town's Municipal Stormwater Permit and the BASMAA
Post-Construction Manual Design Guidance for Stormwater Treatment and
Control for Projects in Marin, Sonoma,Napa, and Solano Counties.
(b) Prior to issuance of a Certificate of Occupancy or building permit final
sign-off, a licensed land surveyor shall verify that fencing, walls, footings
and building foundations are entirely within the subject property. If it is
found that any portion of the structure(s) were placed outside of the
property, that portion of the structure shall be removed and relocated to be
entirely within the property boundaries. A certification letter, stamped and
signed by the surveyor shall be provided as documentation. The letter is
required to state that the licensed professional surveyor located the property
boundary of the subject property and"certifies"that all structures, including
fencing and foundations are located entirely within the subject property and
do not encroach beyond it. The certification letter shall reference the
building permit number,provide the date when the surveyor performed their
services and must reference the property address and assessor's parcel
number.
(c) If project requires movement (including cut, fill, displacement, import
and/or export) of earth measuring 50 cubic yards or greater, then the
following are required: Prior to building permit issuance the applicant shall
complete the Construction Erosion and Sediment Control Applicant
Package that can be found in the helpful forms and documents section of
the Town's website. Link: http://townoftiburon.or./156/Helpful-Forms-
Documents. Please note that projects with over 50 cubic yards of earth
movement shall also be subject to post-rain-event erosion control
inspections.
(d) Prior to issuance of a building permit, provide a geotechnical report, a
grading plan and drainage plan to the Town Engineer.
(e) Prior to issuance of a building permit, review and acceptance of an
Erosion and Sedimentation Control Plan by the Town Engineer is required.
Tiburon Fire Protection District (TFPD)
29. Throughout the duration of project construction, all requirements of the Fire
Protection District shall be met, including but not limited to the following:
Town Council Resolution No. 10-2019 04/03/2019 Page 7 of 10
(a) An automatic residential fire sprinkler system is required to be installed in all
new residences, including garages, conforming to NFPA Standard l 3D, TFPD
Policy 429.5, and as modified by the Fire Marshal. Plans and hydraulic
calculations shall be submitted to the Fire Marshal for review prior to
installation. Contact the Marin Municipal Water District should an upgrade for
the domestic water meter be needed. Additional sizing may be required due to
available pressures and fire flow.
(b) Approved smoke and carbon monoxide alarms shall be installed to provide
protection to all sleeping areas. CFC 907.2.10.
(c) Firefighter Access: Access shall extend to within 150 feet of all portions of the
facility and all portions of the exterior walls of the first story of the building as
measured by an approved route around the exterior of the building or facility.
CFC 503.1.1
(d) Provide the length from the side staircase to the lowest landing point to not
exceed 150'.
(e) 'Knox' key access shall be installed at the premises conforming to TFPD Policy
423.1.
(f) This project is located in a wildland-urban interface area and must meet all
applicable California Building Code requirements. See CBC Chapter 7A
(g) NFPA, California Fire Code, State Fire Marshal Building Standards and
Regulations, Conformance Required. Subject to AB 2188 and Tiburon Building
Division jurisdiction.
(h) No Acacia tree species are permitted to be planted on the site.
Other Agencies
30. Prior to issuance of a building permit, the applicant shall provide a letter from
Sanitary District No. 5 confirming that there are no sanitary sewer facilities within
the former 5 foot wide sanitary sewer easement abandoned as recorded on March
29, 2017. Applicant shall obtain required permits from the Sanitary District and
comply with applicable Sanitary District regulations.
31. Prior to issuance of a Certificate of Occupancy by the Building Division, applicant
shall submit documentation from the Sanitary District confirming that all applicable
requirements of the District have been satisfied for occupancy.
32. Prior to issuance of a building, permit, applicant shall submit written documentation
that the final landscape and irrigation drawings would comply with current water
efficient landscape requirements of Marin Municipal Water District (MMWD).
33. 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 hav e been satisfied for occupancy.
------- End of Conditions of Approval -------
Town Council Resolution No. 10-2019 04/03/2019 Page 8 of 10
Attachment 1
March 14, 2019
Version 5.0
The applicant shall provide a Construction Management Plan to the Town of Tiburon Building
Official prior to the issuance of a building permit. The Construction Management Plan shall
include the following:
1. Complete, Accurate and Up-to-Date 8 Rolling Hills Road Construction Schedule:
a. Initial construction schedule shall be provided to designated Rolling Hills (RH)
Road c-mail list and to the Director of Tiburon Community Development, and
the Building Official.
b. Projected completed dates of key project deadlines will be noted.
c. Changes to the construction schedule shall be provided to the RH neighbors list,
the Director of Community Development, and the Building Official at least one
week in advance of any changes.
2. Construction equipment:
a. Prov ide a list of all equipment that will be used from start to finish of
construction
b. No overnight parking of any equipment or vehicles on Rolling Hills Road—this
explicitly includes cul de sac co-owned by 45 and 55 Rolling Hills Road.
3. Construction Staging: Equipment x Materials x Work Crews
a. I IOuI's of construction set by the Town of Tiburon will be followed.
b. No parking for wort: crews or equipment, or staging is allowed on the following
properties:
I Rolling Hills Road
4 Rolling I fills Road
5 Rollins Hills Road
25 Rolling I tills Road
35 Rolling hills Road
45 Rolling Hills Road
55 Rolling Hills Road
65 Rolling hilts Road
75 Rolling Hills Road
88 Rollins I-lills Road
100 Rolling lulls Road
c. No materials «ill be staged on Rolling Hills property listed above.
d. No storage of materials on Rolling Hills Road is allowecl.
e. HaL-J'ng 2 sets of road flag crews will be provided durin(Y heavy equipment use
and delivery hours: (i) south of 8 RH job site for egress exit for Rolling Hills
residents: 25 / 88 / 100/45 / 55 /65 and 75 RI-I and. (ii) at"T-intersection"for
residents of(i) Spring Line. (ii) Stephens Court and (iii) Rolling Hills Road thru
the entire construction timeline.
4. Construction: (i) Offload dirt/excavation, (ii) concrete foundation and (iii) construction
a. All hillside excavation / dirt offload procedures & scheduling will be submitted.
b. All concrete truck & related 8 Rolling I Iills pouring scheduling will be
'submitted.
Town Council Resolution No. 10-2019 04/03/2019 Page 9 of 10
e. All construction truck & materials scheduling and siting locations will be
submitted.
d. All truck deliveries and use of heavy equipment such as concrete trucks shall not
occur during commute hours and school pick up how's.
* Construction Contractor x Work Crews
a. On job site posting of 8 RIE job foreman and contractor with 7 x24 mobile
telephone and c-mail.
* Rolling Hills Road Access, Maintenance and Repair
a. Unobstructed Rolling Hills Road access will be available at all times within
reason as determined by the Building Official.
b. 8 RH will maintain pre-construction cleanliness and road conditions at all times.
c. Property Owner shall provide video evidence of preconstruction roadway
conditions. If the road is damaged by Be construction, the owner-shall repair the
road to preconstruction conditions.
d. All Rolling Hills Road pavement repairs and landscaping are the responsibility of
8 RH. This includes all trees, shrubs and side-yards up Round Hill Road—to-job
site.
e. No certificate of occupancy will be issued to 8 RH until all road work is
completed and to the satisfaction of Community Development Director.
7. Construction Management: All infractions, violations of above 8 'RI-I Construction Plan will
be handled as follows:
a. Job site matters will be directed to 8 RIE contractor/job site foreman.
b. If Be job site foreman does not adequately address the issues, concerns will be
brought to the Building Official (Clay Salzman). The Building Official will
correct any, violations as deemed appropriate by the Building Official.
Town Council Resolution No. 10-2019 04/03/2019 Page 10 of 10