HomeMy WebLinkAboutTC Res 1997-07-02 (7)
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FILE
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RECORDING REQUESTED
RETURN TO:
Town Clerk
Town ofTiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
RESOLUTION NO. 3226
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TffiURON P ARTIALL Y UPHOLDING AN APPEAL OF THE
PLANNING COMMISSION'S CONDITIONAL APPROVAL OF AN AMENDMENT TO THE
CONDITIONAL USE PERMIT FOR THE KOL SHOFAR SYNAGOGUE AT
215 BLACKFlELD DRIVE;(AP 38-351-34)
WHEREAS, the Town Council of the Town ofTiburon does resolve as follows:
Section.L Findings.
A.
In October, 1996, the Planning Commission received an application from Congregation
Kol Shofar requesting an amendment of its original 1985 Town Conditional Use Permit
(Ordinance No. 306 N. S.) to allow expansion of the paved parking area by approximately
80 cars. Said application consists of File #19601. The official record for this project is
hereby incorporated and made part of this resolution. The record includes the staff
reports, minutes, application materials, correspondence, and comments and materials
received at public meetings.
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B. On May 14,1997, the Planning Commission conditionally approved the application by the
adoption of Resolution No. 97-08. The Commission imposed several conditions
modifYing the project in order to address neighborhood concerns relative to noise, light
pollution, traffic, visual impacts, and land use compatibility issues.
C. On May 27, 1997, the applicant filed a timely appeal, requesting that three specific project
design modifications imposed by the Planning Commission through conditions of approval
be deleted. These project design modifications imposed through conditions of approval
are as follows:
1. The upper exit driveway from the proposed parking lot to Reedland Woods Way,
as shown on Exhibit "A", shall be eliminated, the curb cut removed, and the area
bermed and landscaped to prevent walk-ins from Reedland Woods Way and to
screen headlights to the extent feasible.
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TlBURON TOWN COUNCIL
RESOLUTION NO. 3226
7/2197
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2.
The connector driveway between the existing lower parking lot and the proposed
middle parking lot shall be two-way with a minimum width of 18-20 feet.
3. The lower driveway exit from the lower parking lot to Reedland Woods Way shall
be reduced to 16 feet in width as directed by the Town Engineer.
D. The appeal further alleged as a fourth ground that the Planning Commission's actions
were improperly motivated by a desire to discourage attendance at the applicant's
synagogue in violation of the United States Constitution.
E. The Town Council heard the appeal of the Planning Commission's decision on June 18,
1997, and heard and considered testimony from interested parties. At the meeting, the
applicant withdrew its fourth ground of appeal and indicated that it would accept the
narrowing of the lower driveway exit cited as the condition being appealed. The Town
Council voted 3-2 (Ginalski and Thayer dissenting) to partially uphold the appeal filed by
Kol Shofar Synagogue, finding that the closure of the upper exit was neither necessary nor
appropriate to render the project compatible with the surrounding neighborhood, and
further finding that the two-way expansion of the proposed one-way connector driveway
was unnecessary to mitigate the project's potential environmental impacts. In accordance
with adopted policy of the Town, a resolution memorializing this action is to be prepared
for Town Council action at the next regular meeting.
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Section 2. Partial Upholding of Appeal.
NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town ofTiburon
does hereby uphold the appeal of the first two of the three items on appeal, as described above,
and does hereby adopt a mitigated negative declaration for the project, approve a mitigation
monitoring program for the project, and approve the application for amendment to expand the
paved parking area at 215 Blackfield Drive (Kol Shofar synagogue) as amended to reflect the
following conditions:
1. This Conditional Use Permit approves expansion/renovation of the paved parking areas as
generally shown on the drawing labeled "Exhibit A", dated 10/10/96 and prepared by
Kurtzman Associates, said drawing being on file with the Tiburon Planning Department.
This drawing shall be modified to comply with the conditions listed below. Final
parking lot layout and the exact number of spaces to be provided shall be determined by
the Planning Department in consultation with the Town Engineer.
2. All mitigation measures adopted in the final approved mitigation monitoring plan are
hereby incorporated as conditions of approval. Said monitoring program is attached hereto
as Exhibit 1.
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TlBURON TOWN COUNCIL
RESOLUTION NO. 3226
7/2197
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3.
Berms and related improvements shall be required along the proposed parking lot
boundary with 35 Reedland Woods Way as described in the letter dated April 1, 1996,
from Michael Rex, AlA. attached hereto as Exhibit 2.
4. Final specifications of the connector road and the circulation of the parking lots shall be
subject to review and approval by the Fire Marshal and Tiburon Town Engineer prior to
issuance of a building permit. No parking shall be allowed on the connector driveway.
Bollard lighting shall be provided along the connector driveway.
5. The section of Reed land Woods Way fronting the synagogue property shall be red-striped
as directed by the Town Engineer.
6. The driveway exit from lower parking lot to Reedland Woods Way shall be reduced to 16
feet in width as directed by the Town Engineer.
7. Any changes to the lower parking lot striping and/or circulation plan shall be approved by
the Town Engineer, including alterations to accommodate cars exiting onto Via Los Altos
from the lower parking lot
8.
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A detailed landscape and fencing plan shall be prepared for review and approval by the
Design Review Board prior to issuance of a building permit for the parking lot. The goal
of the plan shall be to minimize impacts (noise, light, glare, visibility of cars and pavement,
etc.) from surrounding residential uses. Specific direction to the Design Review Board in
reviewing the landscape plan is as follows:
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The plan shall include use of mature trees (24" or 36" box trees).
Berming, fencing or combinations thereof shall be employed to provide excellent
screerung.
Planting of canopy trees internal to the parking lot shall be provided where
feasible.
An arborist report shall be required as part of the design review application to
evaluate mitigation of potential impacts to trees adjacent to the proposed parking
lot. The arborist report shall make specific recommendations regarding appropriate
setback buffering from trees, options for surfacing of parking spaces, details of
protective fencing around trees, and other appropriate mitigation. All parking
spaces adjacent to the eucalyptus grove shall be constructed in accordance with the
recommendations of the arborist, as approved by the Design Review Board.
Protective fencing shall be placed around all potentially affected trees prior to
commencement of construction, and maintained throughout construction.
Low level lighting shall be provided as shown on Exhibit "A", as modified by this
resolution. Low level lighting shall also be provided along the connector driveway
between the lower and middle lots.
Monetary security to ensure implementation of the approved landscape plan shall
be required by the Board.
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TlBURON TOWN COUNCIL
RESOLUTION NO. 3226
7/2/97
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9. This Conditional Use Permit shall expire and become null and void on October 31, 1998,
unless an extension is granted or the use has become vested.
10. The Town of Tiburon reserves the right to amend or revoke this Conditional Use Permit
for just cause, in accordance with Zoning Ordinance regulations of the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on July 2, 1997, by the following vote:
AYES:
COUNCILMEMBERS:
Hennessy, Thompson & Wolf
NOES:
COUNCILMEMBERS:
Ginalski & Thayer
ABSENT:
COUNCILMEMBERS:
None
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THERESE M. HE ESSY, R
TOWN OF TffiURON
ATffi~
DIANE L. CRANE, TOWN CLERK
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TlBURON TOWN COUNCIL
RESOLUTION NO. 3226
7/2/97
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MITIGATION MONITORING PROGRAM
KOL SHOFAR CONDmONAL USE PERMIT AMENDMENT: FILE #19601
215 BLACKFIELD DRIVE
ADOPTED 7/2/97
The following mitigation measures, listed by topic, are imposed and incorporated as conditions
into the project to reduce potentially significant adverse effects of the project to less than
significant levels. In instances where mitigation measures do not exactly match other mitigation
measures or conditions of approval in the Town Council resolution, the more restrictive provision
shall control.
Water Qualfu
Mitigation Measure'
3.1
The final construction drawings shall include the installation of grease traps to filter
surface runoff. In addition, the plan shall identify the on-going maintenance
requirements for the grease traps. The location and design of these traps shall be
approved by the Town Engineer prior to the approval of a building and/or grading
permit.
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Implementation Procedure'
Construction drawings submitted by applicant for building permit must show proposed
grease trap specifications and locations acceptable to the Town Engineer. Responsibility
of Building Official to ensure plans contain this information and it has been approved by
the Town Engineer. Actual installation of the grease traps shall be confirmed by the
Building Official prior to final inspection and sign off on the building and/or grading
permit.
Non-compliance Sanction'
No issuance of building permit if grease traps not shown on plans; no final sign offif
grease traps not installed; halt construction; fines.
Mitigation Measure'
3.2 The applicant shall submit a construction Best Management Practices (BMP)
program for review and approval by the Town Engineer prior to issuance of grading
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EXffiBIT No.L
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all subcontractors and suppliers of material and/or equipment. Construction site
cleanup and control of construction debris and material shall also be addressed in
this program. Failure to comply with the approved construction BMPs will result in
the issuance of correction notices, citations, a project stop-work order, or other
available enforcement methods.
Implementation Procedure'
BMP program to be approved by Town Engineer prior to issuance of grading/building
permit. Implementation ofBMP program shall be by the contractor, under review of the
Town Engineer.
Non-compliance Sanction'
Failure to comply with the approved construction BMPs will result in the issuance of
correction notices, citations, a project stop-work order, or other available enforcement
methods.
Elant Life
Mitigation Measure'
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4.1
Tllt&~ ..hAR bG a bufF". 6f 28 fttt httft'",,,,n thG p. op05td j)Ay(.d A. '-A .ILIAd tilt t.. udk of
aiaJ 5:g.l1:&",ajat ta.",411I'tu~ tate:" lL", 6lu~e cldjACt.dt t6 tilt p.opo.sed ~A.~.k& 16t.
I"lh()u5 AU.lfALe$ {.(hdd b~ ~uh.,t:tutJ;.d M, A51'halt pAY:"'!; nal.:.llll:J bufFt. ..uu~ :r
det"'llu:aled hJ' A "Iual:&(.d A.bo..:,d to h", 4",,,ept.ible.
NOTE:
This mitigation measure was deleted and replaced by the more detailed
Condition #8 as contained in the Resolution.
Noise
Mitigation Measure'
6.1 Limit mechanical noise levels from any mechanical equipment through appropriate
means systems to minimize impacts on adjacent residential land uses. This would
involve some noise control engineering on equipment such as mufflers, baffles or
barriers.
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Implementation Procedure'
Contractor to demonstrate to the satisfaction of the Building Inspector that equipment is
operating within allowable noise tolerances; that all required muffiing or baflling devices
are installed and working properly.
Non-compliance Sanction'
Halt construction until equipment is functioning properly.
Mitiiation Measure'
6.2 Limit construction to day time hours so as to minimize disturbance to surrounding
residents.
Implementation 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 these
appear on the job card. Building Inspector and Police Department to enforce this
measure.
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Non-compliance Sanction'
Police Department to issue citations and/or halt construction.
Traffic/Circulatiml
Mitigation Measure'
13f.l The entry driveway to the property from Via Los Altos shall be a minimum
of 18 feet in width.
Implementation Procedure'
Construction drawings shall show widening of driveway entrance to a minimum of 18 feet;
Building Inspector shall confirm implementation of the widening prior to finalization of the
building and/or grading permit.
Non-COmpliance Sanction'
No issuance of building and/or grading permit ifwidening not shown on plans; halt
construction and no building permit finalization if widening not implemented.
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Mitigation Measure'
13f.2 Any approved exit driveways onto Reedland Woods Way shaU be a
maximum of 16 feet wide, with signs depicting "No Entry-Wrong Way", to
the satisfaction of the Town Engineer.
Implementation Procedure'
Construction drawings shall depict the driveways to the required specifications and
provision of the signs; Town Engineer shall ensure actual construction of driveways and
installation of the signs prior to finalization of the permit.
Non-compliance Sanction'
No issuance of building and/or grading permit; halt construction:
Mitigation Measure'
13f.3
The connector driveway between the existing main lot and the proposed
paved lot shall meet Fire Department width requirements of 18-20 feet ami
bA.t A 2-..:..1 l..IlfE.:. Bo... No parking shall be allowed on this connector
driveway.
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NOTE: The struck-through portion of this measure was deleted by the Town
Council on appeal after determining that it was unnecessary and its deletion
would not result in any potentially significant adverse impacts on traffic or
circulation.
Implementation Procedure:
Construction drawings shall depict the connector road at the approved Fire District width.
Building Inspector shall ensure actual construction as approved, including "no parking"
restrictions.
Non-compliance Sanction'
No issuance of building and/or grading permit unless shown on plans; no finalization of
permits unless constructed as approved.
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Mitigation Measure:
14a.l The proposed connector driveway from the existing main parking lot to the
proposed improved parking lot shan be of a minimum width acceptable to
the Alto-Richardson Bay Fire Protection District to accommodate fire
vehicles.
Implementation Procedure'
Construction drawings shall depict the connector road at the approved Fire District width.
Building Inspector shall ensure actual construction as approved.
Non-compliance Sanction'
No issuance of building and/or grading permit unless shown on plans; no finalization of
permits unless constructed as approved.
Mitigation Measure'
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14a.2 Red-curbing of driveways and fire hydrant zones shall be performed to the
specifications of the Alto-Richardson Bay Fire Protection District.
Implementation Procedure'
Construction drawings shall depict red curbing as designated by the Fire District; Building
Inspector shall ensure red curbs applied as approved.
Non-compliance Sanction'
No issuance of building and/or grading permit unless shown on plans; no finalization of
permits unless constructed as approved.
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Mitigation Measure'
18.1 Prior to issuance of a building permit, an expanded landscaping plan shan be
submitted for review and approval to the Design Review Board. Goals of the
landscape plan shall be to minimize visual impacts of this project on
neighboring residential uses.
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Implementation Procedure'
Prior to issuance of grading and/or building permit, the Design Review Board shall review
and approve a landscaping plan with the goals stated above.
Non-compliance Sanction'
No issuance of building and/or grading permit.
19601mitfhl
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April 1, 1996
Mr. Kenneth Kurtzman
Kurtzman Associates
180 Howard Street, Suite 110
San Franciscol CA 94105
RE: PARKING LOT AT TEMPLE KOL SHOFAR. TIBURON
Dear Mr. Kurtzman,
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As the architect representing JDM Investments, owner of 35 Reedland
Woods Way (Lot #10 at Vista Ti::Juron) I wish to thank you for
meeting Susan and myself at the site last FridaYI to revie'" the
plans for paving and landscaping the overflow parking lot at the
Kol Shofar temple.
Enclosed is a photocopy of the type of light fixture I mentioned
which would conceal the light source and direct the light downward,
a'Nay from the adj acent residential properties. Perhaps your
landscape consultant could suggest something similar, in place of
the proposed white globes which create a lot of glare at night.
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We look for-Nard to getting together, as you have suggested, to
review the preliminary landscape and lighting plans before they are
submitted to the Town of Tiburon. As we discussed, we will be
looking for the following features to screen the parking area:
1. A berm of soil, approximately four feet high, along Reedland
Woods Way at each side of the drivewaYI and along the north
side of the driveway, adjacent to our lot at 35 Reedland Woods
Way. Plant material will be placed on top of this berm at a
height sufficient to screen the view of the parking lot from
cur l~t.
2. A hedge of trees planted between the berm and your northern
property line, adjacent to 35 Reedland Weeds Way, which will
screen the view ef our your parking let from our second fleer
level. IdeallYI these should be fast growing trees which can
reach the height of about 16 to 18 feet tall. Trees much
taller will shade too much of eur outdoer spaces on the south
side of our lot. Setting them back from the property line a
bit '~ll help to reduce their shadow on our property.
3.
Low level lighting which will have concealed light sources and
direct the light downward within the parking lot area.
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EXHIBIT NO, cl.
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Pg. 2 - Kol Shofar Parking Lot - 4/1J96
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4. Trees within the parking lot area itself which can canopy out
over ~~e cars to further conceal the view of the parking lotI
soften its hard appearance and visually reduce its expanse.
Selecting trees with large crowns would reduce the number
needed.
We look forward to working further wi th
improvements to the Kol Shofar site are
neighborhood. Let me know when you wish to
S~~~
M~chae_ Rexl AlA
encl: Light fixture cut sheet
c.c. Susan Grippi/McQuaid
Dan Katronl Planner, Town of Tiburon
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you to insure
in harmony with
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.
that
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