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HomeMy WebLinkAboutTC Res 2017-07-19 RESOLUTION NO. 24-2017 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PARTIALLY GRANTING AN APPEAL BY RITA BURGESS, DAVID READERMAN, ET AL, OF THE PLANNING COMMISSION'S APPROVAL OF AMENDMENTS TO A RECORDED PARCEL MAP (PM 5-90) INVOLVING A VACANT LOT LOCATED AT 8 ROLLING HILLS ROAD (ASSESSOR PARCEL NO. 058-111-24) WHEREAS, on January 25, 2017, the Planning Commission held a public hearing to consider an application (File #OTHER2016-001)requesting amendments to a recorded parcel map (PM 5-90) that created a lot at 8 Rolling Hills Road in 1971, said amendments requesting the removal of a building envelope and a height restriction placed on the lot on the face of the parcel map ("Project"); and WHEREAS, at that hearing, numerous property owners in the vicinity opposed the application and raised issues involving among other things, impacts on views and on neighborhood character; and WHEREAS, following the public hearing, the Planning Commission voted 3-2 to approve the application and adopted Resolution 2017-02 to that effect; and WHEREAS, on February 6, 2017, Rita Burgess, David Readerman, and several other nearby property owners (collectively "Appellants") filed a timely appeal of the Planning Commission's decision to the Town Council; and WHEREAS, on March 15, 2017, 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 Planning Commission's review and decision on the application; and WHEREAS, after hearing all testimony and receiving all documents in the record, the Town Council voted 4-0 to continue the appeal and require the applicant and/or applicant's representatives to provide additional information and materials regarding a conceptual house design for the vacant lot at 8 Rolling Hills Road; and WHEREAS, the Town Council held a continued public hearing on May 3, 2017, at which it reviewed the additional information and materials submitted by or on behalf of the applicant, and considered all correspondence and testimony received at the continued hearing; and WHEREAS, the Town Council finds that the project application consists of File 40THER2016-001, on file with the Town of Tiburon Community Development Department. The official record for this Project application is hereby incorporated and made part of this Town Council Resolution No. 24-2017 07/19/2017 Page 1 of 4 Resolution. The record includes, without limitation, the staff reports, minutes, application materials, and all comments and materials received at the public hearings; and WHEREAS, the Town Council further makes the following findings: 1) There are changes in circumstances, as set forth in the official project record, which make any or all of the conditions of the map no longer appropriate or necessary. (2) The modifications to the map do not impose any additional burden on the fee owners of the real property. (3) The modifications to the map do not alter any right, title, or interest in the real property reflected on the recorded map. (4) The map as modified continues to conform to Section 66464 of the Subdivision Map Act. NOW, THEREFORE, BE IT 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: 1. The building envelope is hereby removed from the parcel map entitled "Lands of Noah and Wheary", filed for record on April 28, 1971 at Book 5, page 90 of Parcel Maps, Marin County Records. Said removal shall be implemented in a manner prescribed by law and acceptable to the County Surveyor of the County of Marin and the Marin County Recorder. 2. The note on the parcel map entitled"Lands of Noah and Wheary", filed for record on April 28, 1971 at Book 5, page 90 of Parcel Maps, Marin County Records, shall be modified to read as follows: "NOTE: THE BUILDING HEIGHT SHALL NOT EXCEED 10.0 FEET ABOVE THE STREET ELEVATION AT MONUMENT A." Said modification shall be implemented in a manner prescribed by law and acceptable to the County Surveyor of the County of Marin and the Marin County Recorder. 3. The Town Council directs the Design Review Board and/or Town staff to carefully consider the original rationale for the now-removed building envelope during review of any applications for site plan and architectural review associated with the lot, said rationale being set forth in Planning Commission staff report dated 1/25/2017 and the letter dated March 8, 1971 fi-om Planning Director Wayne Moody (Exhibit 2 to said staff report). Said items are available for public review in the Town of Tiburon Planning Division in File #OTHER2016-001; 8 Rolling Hills Road. 4. The Town Council specifically directs the Design Review Board and/or-Town staff to carefully review and consider the following in reaching a decision: Town Council Resolution No. 24-2017 07/19/2017 Page 2 of 4 a. Recognition that Rolling Hills Road is a private road and that its residents have an interest in protecting the existing views of the water and open space as much as is possible. b. The residence should be set back a reasonable distance from the roadway consistent with the Town's adopted ordinances and guidelines. c. The project should be designed to minimize light pollution and include an appropriate but not excessive use of glazing. d. The design should appropriately cut into and bench the residence into the hill as set forth in the Hillside Guidelines. e. The project should minimize the appearance of bulk and mass, as viewed frorn the street and neighboring residences, and protect existing view corridors. 5. To the extent permitted by law, the applicant shall indemnify and hold harmless the Town, its Town Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against one of more of the indemnified parties or one or more of the indemnified parties and the applicant to attack, set aside, or void this Resolution or any permit or approval authorized hereby for the application, including (without limitation) reimbursing the Town its actual attorneys' fees and costs incurred in defense of the litigation. The Town may, in its sole discretion, elect to defend any such action with attorneys of its choice. PASSED AND ADOPTED at a regular meeting of the Town Council on July 19, 2017, by the following vote: AYES: COUNCILMEMBERS: Fraser, Fredericks, O'Donnell NAYS: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: Thier RECUSED: COUNCILMEMBERS: Kulik KvU � JIM F OR TO TIBURON Town Council Resolution No. 24-2017 07/19/2017 Page 3 of 4 ATTEST: LEA STEFA I, TOWN CLERK Town Council Resolution No. 24-2017 07/19/2017 Page 4 of 4