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HomeMy WebLinkAboutTC Res 2015-11-04RESOLUTION NO. 43-2015 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DENYING AN APPEAL BY AVERY AND LORETTA LIEBERMAN, MICHAEL ROY AND GLORIA HORNS OF THE DESIGN REVIEW BOARD'S APPROVAL OF SITE PLAN AND ARCHITECTURAL REVIEW FOR CONSTRUCTION OF A SWIMMING POOL, FENCE AND RELATED IMPROVEMENTS ON PROPERTY LOCATED AT 1 BENTON COURT WHEREAS, on September 3, 2015, the Design Review Board held a public meeting to consider a Site Plan and Architectural Review application (Town File DR2015-092) for the construction of a swimming pool, fence and related improvements on property located at 1 Benton Court, proposed by Morgan Properties, Inc. ("Applicant"); and WHEREAS, during the project review process, nearby property owners at 1 Hacienda Drive (Michael Roy and Gloria Horns) and at 3 Hacienda Drive (Avery and Loretta Lieberman) hereinafter "Appellants", raised various objections to the proposed project; 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 project could potentially create additional noise impacts for appellants. However, the majority of the Board concluded that a solid fence and additional landscaping would reduce potential noise impacts from the swimming pool. The Board voted 3-2 to approve the project with specific conditions of approval added requiring the construction of a solid fence and replacement of the existing row of privets with non - deciduous 15 -gallon plants on the outside of the fence to grow to a height of 6 feet; and WHEREAS, on September 14, 2015, the Appellants filed a timely appeal of the Design Review Board's decision; and WHEREAS, on October 21, 2015, the Town Council held a duly -noticed public meeting on the appeal and considered all evidence in the record regarding the proposed project and the Design Review Board's review of the application; and WHEREAS, after hearing all testimony and reviewing all documents in the record, the Town Council determined that the appeal should be denied but that certain conditions of approval regarding the fence and landscaping should be added or modified; and WHEREAS, the Town Council determined, based on evidence in the record including staff reports, site visits, drawings and photographs, that the project 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 TIBURON TOWN COUNCIL RESOLUTION NO. 43-2015 NOVEMBER 4, 2015 1 and Architectural Review, and Section 16-30.030 regarding setback use requirements. Without limiting the foregoing, the Town Council specifically found that the location of the proposed swimming pool, fence and related improvements, as modified by the conditions of approval, complies with setback requirements and is appropriate in relation to the location of improvements on adjoining sites, and will not be detrimental to the public health, safety and general welfare. The Town Council found that the location of proposed pool in front of the house, while atypical, was not inappropriate given the characteristics of the lot, especially the steep slope behind the home, and was reasonably related to the surrounding neighborhood character. The Town Council pointed out that swimming pools are generally used infrequently in Tiburon and the size of the proposed pool is not amenable to loud parties any more than a front patio or similarly -improved front yard area. Based on testimony by an acoustic expert, the Town Council concluded that the required noise -attenuating fence would substantially reduce any potential undesirable noise from the pool area. The Town Council also concluded that the enhanced screening vegetation required as an added condition of approval would materially reduce the impression of sound emanating from the pool area, would screen the pool area from neighbor view, and would adequately screen the required solid transparent fence surrounding the pool area over a relatively short period of time. In the interim, the Town Council found that requiring a solid transparent fence rather than the solid wooden fence required by the Design Review Board would adequately address any visual effects of the fence being located atop an existing filled area several feet above street level. For these reasons, the Town Council concludes that the project as approved will further the purposes set forth in Section 16-52.020 (A); and WHEREAS, the Town Council voted 3-2 to direct Staff to prepare a resolution denying the appeal but imposing modified conditions of approval regarding the fence surrounding the swimming pool and the landscaping to be installed to screen the fence; 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 swimming pool, fence, landscaping and ancillary improvements constitute a minor addition/alteration to an existing single family residence on the site, 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. The Town Council further finds that the project is exempt from CEQA pursuant to Section 15303(e) of the CEQA Guidelines in that the project involves installation of accessory structures appurtenant to a single family dwelling and there are no environmental resources of hazardous or critical concern in the project vicinity. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon, after considering the contents of the appeal and the documentation provided by staff and the public, and after hearing testimony of the public, hereby deny the appeal while adding to, or modifying, conditions of approval imposed by the Design Review Board. TIBURON TOWN COUNCIL RESOLUTION NO. 43-2015 NOVEMBER 4, 2015 2 BE IT FURTHER RESOLVED that the approved project is subject to the final conditions of approval imposed by the Town Council are attached as Exhibit "A" and incorporated herein, and the project shall be in conformance with all Town ordinances, rules and regulations and policies in effect at the time of issuance of a building permit. BE IT FURTHER RESOLVED that the foregoing Recitals are true and correct and are incorporated herein and form a part of this Resolution. PASSED AND ADOPTED at a regular meeting of the Town Council on November 4, 2015, by the following vote: AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ATTEST: DIANE CRANE IA PIC LERK , TOWN X. DOY7I, MAYOR TOWN OF TIB ON Attachment: Exhibit "A" ---Final Conditions of Approval TIBURON TOWN COUNCIL RESOLUTION NO. 43-2015 NOVEMBER 4, 2015 3 EXHIBIT "A" FINAL CONDITIONS OF APPROVAL 1 BENTON COURT; FILE #DR2015-092 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 drawings date-stamped "Received August 17, 2015 Planning Division", and approved by the Design Review Board on September 3, 2015, except as modified by these conditions of approval. Any future modification to the drawings 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 as approved and modified herein. 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 member 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, with defense counsel subject to the Town's approval. 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 Town's Notice of Decision, including the final Town Council -approved "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. TIBURON TOWN COUNCIL RESOLUTION NO. 43-2015 NOVEMBER 4, 2015 4 7. All exterior lighting shall be shielded downward. No clear glass lighting fixtures are permitted. 8. All fences, gates and/or walls (and combinations thereof) approved as part of this application shall not exceed five feet (5') in height at any point, measured from existing grade. 9. The applicant shall submit a revised landscaping plan for the area surrounding the swimming pool for review and approval by the Director of Community Development prior to issuance of a building permit. The plan shall depict sufficiently dense plantings in sufficient numbers to effectively screen the fence and pool area from street view within a reasonably short period of time, roughly one to two years after installation. The landscaping shall be fast-growing, non -deciduous, at least 15 -gallon planting size, and shall be maintained in healthy condition at all times or replaced in like kind as necessary. A cash deposit or other form of monetary security, acceptable to and approved by the Town Attorney, shall be required to ensure the installation and maintenance of the landscaping. 10. The fence surrounding the swimming pool shall be specifically designed as a sound -attenuating fence, shall be composed of solid transparent material (e.g. glass, polycarbonate, plexiglass), and shall be five feet (5') in height above existing grade. The design, specifications, materials, appearance, and sound -attenuating characteristics of the fence shall be reviewed and approved by the Director of Community Development prior to issuance of a building permit. Prior to submittal of the fence drawings and associated specifications, an acoustic expert shall review the drawings and specifications and certify in writing to the Town that the fence will achieve at least a 5 -decibel sound reduction. 11. Any pool -related mechanical equipment shall comply with the Town's adopted written policy regarding mechanical equipment noise. END TIBURON TOWN COUNCIL RESOLUTION NO. 43-2015 NOVEMBER 4, 2015 5