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HomeMy WebLinkAboutTC Res 2008-03-19 RESOLUTION NO. 12-2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON P ARTIALL Y GRANTING AN APPEAL BY THE TIBURON NEIGHBORHOOD COALITION OF THE APPROVAL OF SITE PLAN AND ARCHITECTURAL REVIEW FOR CONSTRUCTION OF EXTERIOR ADDITIONS AND RENOVATIONS TO AN EXISTING RELIGIOUS FACILITY AND DAY SCHOOL (CONGREGATION KOL SHOFAR) FOR PROPERTY LOCATED AT 215 BLACKFIELD DRIVE WHEREAS, on November 15,2007, the Design Review Board held a public hearing to consider the approval of a Site Plan and Architectural Review application (File #707122) to construct additions and renovations to an existing religious facility and day school (Congregation Kol Shofar, "Applicant") on property located at 215 Blackfield Drive; and WHEREAS, after receiving public testimony, the Design Review Board concluded that the design was in conformance with the Guiding Principles of Site Plan and Architectural Review and with the Tiburon Hillside Design Guidelines, and was consistent with the previously-approved Conditional Use Permit (File #10404) for the Kol Shofar expansion. The Board voted unanimously (5-0), to conditionally approve the application; and WHEREAS, on November 26,2007, the Tiburon Neighborhood Coalition (TNC, "Appellants"), filed a timely appeal of the Board's decision; and WHEREAS, on March 5,2008, the Town Council held a duly-noticed hearing on the appeal, during which testimony was heard and considered regarding the proposed additions and renovations and the Design Review Board's review of the application, and after hearing all testimony and reviewing all documents in the record, the Town Council determined that the Design Review Board had reached appropriate regulatory conclusions and had acted properly in approving the project; and WHEREAS, on February 21,2007, the Town Council adopted Resolution No. 12-2007 certifying that the Final Environmental Impact Report for the Kol Shofar SYnagogue Expansion Project was completed in compliance with the California Environmental Quality Act and local CEQA guidelines. The Town Council finds that there are no new potentially significant environmental impacts, and no significant increase in the severity of impacts analyzed in the certified EIR, associated with the Site Plan and Architectural Review trailing permit for this project. The Town Council finds that the Site Plan and Architectural Review permit as approved is within the scope of impacts analyzed in the certified Final Environmental Impact Report for the Kol Shofar SYnagogue Expansion Project; and WHEREAS, the Town Council unanimously voted (5-0) to direct Staff to prepare a resolution partially granting the appeal in order to impose certain additional Town Council Resolution No. 12-2008 Adopted 3/19/08 Page 1 conditions of approval that would further refine the project's conformity with the conditional use permit approval and its consistency with Town zoning regulations. The Council found that these additional conditions will not cause any new significant project impacts nor any increase in severity of the project's previously identified impacts. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby partially grants the appeal of the Tiburon Neighborhood Coalition of the Design Review Board's decision by adding conditions of approval number 27-32 to those set forth by the Design Review Board, and amending other conditions imposed by the Board, with the finalized conditions of approval to read as follows: 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 with the application received by the Town of Tiburon on August 31, 2007, and the plans of October 11, 2007, or as amended by these conditions of approval. Any modifications to the approved plans must receive Design Review approval. 3. Plans submitted to the Building Division for plan check shall be identical to those approved by the Design Review Board. If any changes are made to the approved Design Review plans, the permit holder is responsible for clearly identifying all such changes when submitted to the Building Division for plan check. Such changes must be clearly highlighted (with a "bubble" or "cloud") on the submitted plans. A list describing in detail all such changes shall be submitted and attached to the building plans, with a signature block to be signed by the Planning Division Staff member indicating that these changes have been reviewed and are approved, or require additional Design Review. All changes that have not been explicitly approved by Staff as part of the Building 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. 4. If this approval is challenged by a third party, the property owner/applicant will be responsible for defending against this challenge. 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. Town Council Resolution No. 12-2008 Adopted 3/19/08 Page 2 5. The applicant must meet all requirements of other agencies prior to the issuance of a building permit for this proj ect. 6. All skylights shall be bronzed or tinted and no lights shall be placed in the wells. All skylights, clerestory windows and light shafts shall be equipped with blackout blinds that are to be closed at sunset whenever the facility is in use. The blackout blinds shall be maintained in an operable condition at all times. 7. All exterior lighting fixtures other than those approved by the Design Review Board must be down light type fixtures. Following issuance of a certificate of occupancy or final building inspection, all exterior lighting shall be subject to a 30-day light level review by the Planning Division to ensure that all lighting does not invade the privacy of other properties, or produce glare or light pollution; yet provides adequate illumination for safety and security purposes. 8. Prior to the issuance of building permits, the applicant shall submit verification from a licensed landscape architect that the proposed landscape plan conforms to M.M.W.D. landscape regulations, as required by Town Council Ordinance. 9. Prior to the issuance of final building inspection approval, 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. A cash deposit or other monetary security shall be deposited with the Planning Division in an amount necessary to ensure the installation and/or maintenance for a three (3) year period of any and all landscaping. 10. Prior to underfloor inspection, a certified survey of the structure foundation will be required. Required documents shall include graphic documentation locating the building on a site plan and including specific dimensions from property lines and other reference points as appropriate, and elevations relative to sea level of the foundation walls and slabs. No inspections will be provided until the survey results have been verified. 11. A construction 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 Town Council Resolution No. 12-2008 Adopted 3/19/08 Page 3 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 be posted at the commencement of work and shall remain posted until the contractor has vacated the site. 12. The project shall comply with all requirements of the Southern Marin Fire Protection District. 13. The project shall comply with all requirements of the Marin Municipal Water District. 14. The project shall comply with all requirements of the Richardson Bay Sanitary District. 15. All requirements of the Director of Public Works shall be met. An encroachment permit shall be filed with the Town of Tiburon Public Works Department for all work to be conducted within Town right-of-way. 16. The project shall comply with all requirements of Town Council Resolution No. 15-2007. 17. The exterior walls of the multi-purpose building shall be finished with plaster or equivalent materials. 18. The color palette for the multi-purpose building and classroom addition shall be reviewed and approved by the Design Review Board prior to issuance of a building permit for the construction of these additions. 19. Planning Division staff shall review the proposed lighting plan and attempt to remove or reduce the number of floodlight fixtures in the parking lot. 20. Space shall be provided within the enclosed loading area for collection of trash. 21. Mosaics on exterior stairs shall be installed only on horizontal surfaces. 22. The appearance of the annex building shall be improved by painting and landscaping to complement the remainder of the proj ect. Town Council Resolution No. 12-2008 Adopted 3/19/08 Page 4 23. Planning Division staff shall review the specific placement of screening trees adjacent to the classroom addition in relation to the residence at 38 Via Los Altos. 24. The gross square footage of the multi-purpose building shall be reduced to 8,288 square feet by moving the exterior walls ten inches (10") closer to the main domed existing building. The net square footage of the multi-purpose room within that building shall not exceed 4,500 square feet. 25. A bicycle rack accommodating eleven (11) bicycles shall be installed at the bottom of the main exterior curved entry stairs, adjacent to the lower parking lot. 26. The fence to the east of the new upper parking lot shall be increased in height to four feet (4 '). 27. Within sixty (60) days of adoption of this resolution, permittee shall submit to the Planning Division for review and acceptance a revised landscape plan depicting enhanced landscaping near the intersection of Blackfield Drive and Via Los Altos that will provide additional visual screening of the multi-purpose building. 28. Electrical wiring shall be installed for all skylights, light shafts, and clerestory windows to facilitate installation of electronically-controlled automated blackout shades, in the event that automated blackout shades are required by the Town in the future. Such wiring shall be shown on building permit construction drawings and shall be verified by inspection prior to building occupancy. 29. The folding exterior wall for the multi-purpose building shall be comprised of three (3) horizontal operable sections, capable of being separately and independently opened and closed. 30. The easterly drive aisle of the lower parking lot shall be widened to fourteen (14) feet for its entire length. This shall be accomplished by widening the parking lot in the direction of the sYnagogue buildings. A revised Sheet( s) showing the modified parking lot design shall be submitted to the Planning Division within sixty (60) days of adoption of this resolution. 31. Wheel stops, curbs, and/or similar devices shall be installed for parking spaces in the lower parking lot to the satisfaction of the Town Engineer for the primary purpose of discouraging inappropriate driving maneuvers in the lot. Town Council Resolution No. 12-2008 Adopted 3/19/08 Page 5 32. Any tent structure supported by the approved tent poles may be installed on a temporary basis for High Holy Days purposes. Erection of the tent structure shall occur no earlier than three (3) days prior to High Holy Days and the tent structure must be taken down no later than three (3) days following the conclusion of the High Holy Days. PASSED AND ADOPTED at a regular meeting of the Town Council on March 19, 2008, by the following vote: AYES: COUNCILMEMBERS: BERGER, COLLINS, FREDERICKS, GRAM AND SLA VITZ NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ATTEST: /)1// ~. '0 I ! ,/> /.. ,__ //1 ! . ~ ~ .' /' j \:....-//;-..~~~ -~ "'I//t( . ...- DIANE CRANE IACOPI, TOWN CLERK Town Council Resolution No. 12-2008 Adopted 3/19/08 Page 6