HomeMy WebLinkAboutTC Res 2003-05-21
RESOLUTION NO. 14-2003
A RESOLUTION OF THE TOWN COUNCil OF THE TOWN OF TIBURON
MEMORIALIZING THE DENIAL OF AN APPEAL
OF A DESIGN REVIEW BOARD DECISION TO DENY
A SIGN PERMIT APPLICATION AT 1640 TIBURON BOULEVARD, UNIT #12
ASSESSOR PARCEL NUMBER 059-101-04
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section 1. Findinas.
A. In the latter part of 2002, Ms. Cynthia Lee Siciliano ("Applicant") constructed a
sign at 1640 Tiburon Boulevard, Unit #12 (Cindy's Hair Studio). Applicant had
not applied for any Town of Tiburon permit for this sign. Several Town residents
complained to Town staff about the sign in December of 2002 and staff informed
the applicant that a permit was required.
B. The applicant filed Application No. 50301 for an after-the-fact Sign Permit to
legalize the installation of their sign, with supplemental materials on January 16,
2003.
C. The Design Review Board held a duly noticed public meeting on March 6, 2003
and reviewed the application for the subject sign in accordance with Chapter 16A
of the Tiburon Municipal Code (Sign Ordinance) and the Downtown Tiburon
Design Handbook (hereafter "Handbook'J, adopted by Town Council Resolution
23-2002 on May 1 , 2002.
D. The Design Review Board found, based upon analysis presented in the March 6,
2003 staff report, materials submitted by the applicant, and visit to the site, that
the subject sign was inconsistent with provisions of the Handbook in that the sign
is an "internally illuminated, metal-frame box sign" that is listed on p. 54 of the
Handbook as "inappropriate and, in almost all cases, prohibited in Downtown
Tiburon". Design Review Board members found the sign out of character with
other signs on the building.
E. Based on the above determinations, the Design Review Board voted 4-0 to direct
Staff to prepare a resolution denying the Sign Permit application. The Design
Review Board subsequently adopted Board Resolution No. 2003-02 denying the
Sign Permit application.
Tiburon Town Council
Resolution 14-2003
5/21/03
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F. On March 27, 2003, the applicant filed a timely appeal of this decision to the
Tiburon Town Council.
G. The Town Council held a duly noticed public meeting on May 7,2003, and heard
and considered testimony from the appellant and interested persons.
H. The Council found, after reviewing the grounds for the appeal submitted by the
appellant and the analysis presented by staff, and viewing the as-built sign, that
the Design Review Board's decision was appropriate in that the sign was
inconsistent with provisions of the Handbook. The Council found that this was
sufficient reason to deny the appeal. However, as an independent and sufficient
basis for denial, the Council found that the sign was too large and would require
the approval of an "exception" for excess sign area under the Town's Sign
Ordinance, which the Town Council concluded was not warranted based on the
evidence before it. The Town Council further found that the metal box frame
material and the internal illumination of the sign were not appropriate and were
inconsistent with adopted policies for Downtown Tiburon.
I. The Town Council offered the appellant the opportunity to return to the Design
Review Board, without payment of additional fees, for review of modifications to
the as-built sign intended to improve its conformance with Town ordinances and
regulations. The modifications discussed included trimming back the green plastic
portion of the sign, replacing the metal box with a wood frame or background, and
removing the internal illumination.
J. The appellant rejected the Town Council's offer to remand the matter to the
Design Review Board. The Council then voted 4-1 (Thompson dissenting) to deny
the appeal and uphold the Design Review Board's denial of the Sign Permit
application.
Section 2. Memorialization of Denial.
NOW, THEREFORE BE IT RESOLVED that the Tiburon Town Council of the
Town o(Tiburon does hereby memorialize its denial of the appeal for installation of an
as-built sign at 1640 Tiburon Boulevard, Unit #12.
Tiburon Town Council
Resolution 14-2003
5/21/03
2
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on May 21, 2003, by the following vote:
AYES:
COUNCILMEMBERS:
Berger, Fredericks, Gram, Slavitz,
Thompson
None
None
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
A~f~'
D"IANE CRANE IACOPI, TOWN CLERK
DCRANElwpdocs/reso/1640 Tiburon Blvd sign Appeal denial.reso.doc
Tiburon Town Council
Resolution 14-2003
5/21/03
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