HomeMy WebLinkAboutTC Res 2011-02-16 (5)RESOLUTION NO. 08-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING SITE PLAN AND ARCHITECTURAL DRAWINGS AND ADOPTING
A MITIGATED NEGATIVE DECLARATION AND A MITIGATION MONITORING
PROGRAM FOR THE NED'S WAY RECREATION FACILITY PROJECT
ON PROPERTY AT 600 NED' S WAY
ASSESSOR PARCEL NO. 058-151-27
WHEREAS, the Town of Tiburon is considering the construction and installation
of a single story, 4,800 square foot modular building and ancillary improvements (the
"Project") on Town-owned property at 600 Ned's Way to house the relocated Belvedere-
Tiburon Joint Recreation (BTJR) after-school children's program and other BTJR and
Town of Tiburon-sponsored recreational activities, and to provide permanent office space
for BTJR staff, and
WHEREAS, on July 21, 2010 the Town Council adopted Ordinance No. 522 N. S.
establishing review and decision-making procedures for this Project. The ordinance
exempts the Project from provisions of the Zoning Ordinance but requires the Town
Council to review the site plan and architectural drawings for the project at a public
meeting prior to any approval; and
WHEREAS, on February 16, 2011, the Town Council held a public meeting to
review the site plan and architectural drawings for the Project; and
WHEREAS, an initial study of environmental impact was prepared for the Project
and a draft mitigated negative declaration released for public comment on December 1,
2010. The comment period closed on December 22, 2010. The Town Council finds that,
based on the record, no substantial evidence to support a fair argument that a significant
adverse impact would result from the Project has been presented; and
WHEREAS, after hearing all testimony and reviewing all documents on the
record, the Town Council found that the Project, as conditioned, is consistent with the
goals and objectives of the Tiburon General Plan and is in compliance with criteria of
review and other parameters set forth in Ordinance No. 522 N. S.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby adopt the Mitigated Negative Declaration for the Project.
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon
does hereby approve the site plan and architectural drawings for the Project, subject to
the following conditions:
1. All mitigation measures set forth in the Mitigation Monitoring Program
for the Project are incorporated herein as conditions of approval.
Town Council Resolution No. 08-2011 0211612011
2. The Project shall be in substantial conformance with the Site Plan (one
sheet dated 12/23/2010), Architectural Elevation Drawings (two sheets
dated 1/26/2011) and Floor Plan (one sheet dated 1/ 10/2011), which
constitute the approved site plan and architectural drawings for the
Project. Said plans are on file and available for public review at Tiburon
Town Hall during regular business hours.
3. Recreation programs and events shall be scheduled such that they will not
begin or end within at least 15 minutes of the Reed School opening time
(i.e., between 8:00 a.m. and 8:30 a.m.) and dismissal times (i.e., between
12:45 p.m. and 2:45 p.m.) on school days to avoid any traffic conflicts
with the nearby school use. These 15-minute time windows are subject to
change in accordance with any changes to Reed School opening and
dismissal times.
4. Event programming for the facility will be scheduled and implemented to
generate no more on-site parking demand than can be accommodated on-
site. Off-site parking accommodations may be arranged and implemented.
5. All necessary permits shall be obtained from the Tiburon Building
Division.
6. All exterior lighting fixtures must be downlight type fixtures.
7. 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 Municipal Code; builder (company name,
city, state, ZIP code); construction 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.
8. The Project shall comply with all requirements of the Tiburon Fire
Protection District:
a. The structure shall have installed throughout an automatic fire
sprinkler system. The system design, installation and final testing
shall be approved by the District Fire Prevention Officer.
b. The vegetation on this parcel shall comply with the requirements
of the Tiburon Fire Protection District and the recommendations of
Fire Safe Marin. A vegetation management plan shall be
submitted and approved prior to work being performed.
9. The Project shall comply with all requirements of the Marin Municipal
Water District, including landscape and irrigation requirements.
Town Council Resolution No. 08-2011 0211612011 2
10. The Town shall obtain a sewer permit from the Sanitary District No. 5 and
pay all applicable fees prior to construction of a side sewer and connection
to the sewer main. After connection to the sewer main but prior to
commencement of discharge and prior to covering of the pipe, the District
shall be contacted and allowed to inspect the connection for conformance
to standards.
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon does
hereby adopt the Mitigation Monitoring Program for the Project, attached hereto as Exhibit
"A" and incorporated herein.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on February 16, 2011, by the following vote:
AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell, Slavitz
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS: None
ATTFI, T
DIANE CRANE IACOPI, TOWN CLERK
Attachment: Exhibit "A", Mitigation Monitoring Program
S:UdministrationITown CouncihResolutions12011Wed's Way zoning reso.doc
JE F LAVI AYOR
T Oh, L.$.I
Town Council Resolution No. 08-2011 0211612011 3
EXHIBIT `A'
MITIGATION MONITORING PROGRAM
NEWS WAY JOINT RECREATION PROJECT
FILE # S2010-04
600 NEWS WAY
Aesthetics
Mitigation Measure:
AES-1: A detailed lighting plan shall be prepared and submitted with the building
permit drawings. New exterior lighting of the building or parking areas or any other
element of the project shall be shielded to prevent glare, to direct lighting
downwards, and to reduce visibility from nearby residences. Lighting shall be
minimized to provide safe conditions without creating unnecessary glare or light
pollution. The building permit drawings shall identify specific lighting standards
and fixtures.
Implementation Procedure:
A detailed lighting plan, including specifications for all exterior lighting fixtures, shall be
reviewed by Planning Division staff prior to issuance of the building permit.
Implementation of this lighting program shall be by the contractor, under review of the
Building Official and Building Inspector.
Non-Compliance Sanction:
No issuance of building permit if mitigation measure is not met. No final inspection or
occupancy if compliance not achieved.
Biological Resources
Mitigation Measure
BIO-1: Any active raptor nests or other bird nests protected under the Migratory
Bird Treaty Act in the vicinity of proposed grading and vegetation removal shall be
avoided until young birds are able to leave the nest (i.e., fledged) and forage on their
own. Avoidance may be accomplished either by scheduling initial grading and
vegetation removal during the non-nesting period (i.e., September through
February), or if this is not feasible, by conducting a pre-construction survey for bird
nests. Provisions of the pre-construction survey and nest avoidance, if necessary,
shall include the following:
a. If grading and / or vegetation removal is scheduled during the active
nesting period (March through August), a qualified wildlife biologist
MITIGATION MONITORING PROGRAM NEUS WAY JOINT RECREATION PROJECT FILE #S2010-04 2/2011
shall conduct a pre-construction survey no more than 14 days prior to
initiation of these activities to provide confirmation on presence or
absence of active nests in the vicinity. This shall include both a
daytime visual survey for raptors and other diurnal bird species, and
a nighttime survey for nesting owls.
b. If active bird nests are encountered, species-specific measures shall be
prepared by a qualified biologist in consultation with the CDFG and
implemented to prevent abandonment of the active nest. At a
minimum, grading or vegetation removal near the nest shall be
deferred until the young birds have fledged. A nest-setback zone
based on site conditions and proximity of the nest to existing and
proposed development, shall be established within which all
construction-related disturbance shall be prohibited. The perimeter
of the nest-setback zone shall be fenced or adequately demarcated,
and construction personnel restricted from the area.
C. If permanent avoidance of the nest is not feasible, impacts shall be
minimized by prohibiting disturbance within the nest-setback zone
until a qualified biologist verifies that the birds have either (a) not
begun egg-laying and incubation, or (b) that the juveniles from the
nest are foraging independently and capable of independent survival
at an earlier date. A survey report by the qualified biologist verifying
that the young have fledged shall be submitted to the Town of
Tiburon prior to initiation of grading in the nest-setback zone.
Implementation Procedure:
If construction is scheduled during the nesting period, the Public Works Department shall
hire a qualified wildlife biologist to conduct the pre-construction survey prior to
commencement of construction activities. If active bird nests are encountered, the Town
Engineer shall implement species-specific measures as prepared by the biologist and shall
coordinate with project contractors to ensure implementation of these measures. If
permanent avoidance of any found nests is not feasible, the wildlife biologist shall
conduct a survey report verifying that the young birds have fledged before the Town
Engineer authorizes grading to commence in the nest-setback zone. The Town Engineer
shall conduct a pre-construction meeting to inform contractors of these requirements and
shall regularly inspect the construction to ensure compliance with these requirements.
Non-Compliance Sanction:
Failure to comply with the biologist-recommended measures will result in the issuance of
correction notices, citations, a project stop-work order, or other available enforcement
methods. No final inspection or occupancy if compliance not achieved.
MITIGATION MONITORING PROGRAM NED'S WAY JOINT RECREATION PROJECT FILE #S2010-04 2/2011 2
BI0-2. The mature native coast live oaks on the site shall be retained to the
maximum extent practicable, adequate methods used during construction to prevent
inadvertent damage to oaks and other trees to be retained, and replacement
plantings provided for any oaks removed to accommodate development. This shall
be accomplished according to the following standards:
a. The proposed Site Plan and related Grading Plan shall be refined to
minimize possible loss of any protected coast live oaks in the
northeastern portion of the site through adjustments to the building
footprint, extent of fills and possible use of retaining walls, and
alignment of the pedestrian path connecting the new building to Reed
Elementary School.
b. Where removal of any protected oaks cannot be avoided, replacement
plantings shall be provided at a minimum 3:1 ratio (trees planted to
trees removed), with replacement trees installed and maintained as
part of the Landscape Plans for the site.
C. Trees to be retained shall be flagged in the field prior to any grubbing
or grading, and construction crews instructed on the need to avoid
and prevent damage to these trees.
d. Temporary construction fencing shall be installed no less than 10 feet
from the trunk of any tree to be retained within 25 feet of
construction-related disturbance, and this fencing shall remain in
place until grading and construction has been completed.
e. All construction workers, particularly equipment operators, shall be
instructed on the purpose of the fencing, that no equipment shall be
used within this setback zone, and that the trees are to be protected.
f. Landscape Plans shall be designed to prevent further loss and
disturbance which could adversely affect the long-term health of trees
to be retained, including avoidance of any changes from landscape
irrigation and surface runoff within the canopy of trees to be retained.
Implementation Procedure:
The Planning Division shall review the refined Site Plan and Grading Plan and the
Landscape Plan prior to issuance of the building permit to ensure compliance. Town Staff
shall also conduct an inspection of the installed landscaping prior to building final
inspection to ensure that appropriate landscaping is installed. The Town Engineer shall
conduct a pre-construction meeting to inform contractors of these requirements and shall
regularly inspect the construction to ensure compliance with these requirements.
MITIGATION MONITORING PROGRAM NEUS WAY JOINT RECREATION PROJECT FILE #S2010-04 2/2011 3
Non-Compliance Sanction:
Failure to comply with the biologist-recommended measures will result in the issuance of
correction notices, citations, a project stop-work order, or other available enforcement
methods. No final inspection or occupancy if compliance not achieved.
BIO-3. A Broom Eradication Program shall be developed for the site and
implemented as part of the Landscape Plans and future maintenance. Graded
slopes and areas disturbed as part of the project shall be monitored to prevent
establishment and spread of French and Scotch broom. Removal and monitoring
shall include annual late winter removal of any rooted plants when soils are
saturated and cutting back of any remaining flowering plants in the spring before
seed begins to set in late April. This shall continue on an annual basis for at least
three years until replacement groundcover and landscaping has become successfully
established. Ideally, this program should continue indefinitely and be expanded to
include adjacent open space areas which are becoming overrun by these highly
invasive species.
Implementation Procedure:
The Planning Division shall review the Landscape Plan prior to issuance of the building
permit to ensure inclusion of all broom removal measures. The Town Engineer shall
conduct inspections of the site once broom has been removed and inspect the installed
landscaping prior to building final inspection. The Public Works Department shall
conduct annual inspections and broom removal for at least three years to ensure
completion of the broom eradication program.
Non-Compliance Sanction:
Failure to comply with the broom eradication program will result in the issuance of
correction notices, citations, a project stop-work order, or other available enforcement
methods. No final inspection or occupancy if compliance not achieved.
Cultural Resources
Mitigation Measure
CR-1: The disturbance of the location shall be halted in the vicinity of the find and
the county coroner contacted in conformance with State Health & Safety Code
provisions. If the coroner determines the remains are Native American, the coroner
shall contact the Native American Heritage Commission, which shall identify the
person or persons believed to be most likely descended from the deceased Native
American. The most likely descendant shall make recommendations regarding the
treatment of the remains with appropriate dignity.
MITIGATION MONITORING PROGRAM NED'S WAY JOINT RECREATION PROJECT FILE #52010-04 2/2011 4
Implementation Procedure:
Project applicant/contractor and/or Building Inspector shall stop work and inform the
appropriate authorities in the event archaeological resources are found.
Non-Compliance Sanction:
Failure to comply with requirements will result in stop-work orders and fines.
Geology and Soils
Mitigation Measure:
GEO-1: Improvements and structures shall be designed and constructed in
compliance with the California Building Code.
Implementation Procedure:
Construction drawings submitted by applicant for building permits must show
compliance with the applicable California Building Code to the satisfaction of the
Building Official. Responsibility of Building Official to ensure plans contain this
information and that any structural integrity reinforcements have been approved by the
Town Engineer. Actual installation of all improvements 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 plans are not in conformance with the applicable
California Building Code; no final sign off if appropriate measures and reinforcements
not installed; halt construction; fines.
Mitigation Measure:
GEO-2: The structure shall be set back from the slopes as outlined in the applicable
California Building Code. Alternatively, catchment and retaining walls shall be
constructed adjacent to the slopes if the structure is to be placed with in the setback
zone. Site grading shall be performed in accordance with the geotechnical
recommendation developed as part of a design level investigation.
Implementation Procedure:
Construction drawings submitted by applicant for building permit must show setbacks
from slopes or design for catchment and retaining walls acceptable to the Town Engineer
and the Building Official. Responsibility of Building Official to ensure plans contain this
information and that improvements have been approved by the Town Engineer. Actual
MITIGATION MONITORING PROGRAM NED'S WAY JOINT RECREATION PROJECT FILE #S2010-04 2/2011 5
installation of required improvements 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 required improvements are not shown on plans; no final
sign off if these improvements not installed; halt construction; fines.
Mitigation Measure:
GEO-3: Runoff from surface drainage or storm drains shall be directed away from
the property. No runoff shall outlet towards or over the slopes within the site.
Erosion control measures during and after construction should conform to the most
recent version of the CASQA Stormwater Best Management Practice Handbook
Portal: Construction, dated November 2009.
Implementation Procedure:
Construction drawings and specifications shall show drainage plans to ensure compliance
with this measure. Town Engineer and Building Official shall review said drawings and
specifications for conformance with the mitigation measure.
Non-Compliance Sanction:
No issuance of building permit if mitigation measure is not met. No final inspection or
occupancy if compliance not achieved.
GEO-4: The building foundation and site grading shall be designed and constructed
in accordance with recommendations from a design level geotechnical report or
equivalent document.
Implementation Procedure:
Construction drawings and specifications shall indicate compliance with requirements of
geotechnical report for the project. Town Engineer and Building Official shall review
said drawings and specifications for conformance with the mitigation measure.
Non-Compliance Sanction:
No issuance of building permit if mitigation measure is not met. No final inspection or
occupancy if compliance not achieved.
MITIGATION MONITORING PROGRAM NED'S WAY JOINT RECREATION PROJECT FILE #S2010-04 2/2011 6
Hydrology and Water Quality
Mitigation Measure:
HYDRO-1. The following measures shall be instituted as part of the project:
a. A Stormwater Control Plan (SWCP) shall be prepared, as required
by MCSTOPPP (Maria County Stormwater Pollution Protection
Program), that identifies potential sources of stormwater pollutants
and corresponding features for controlling each potential source.
b. Drought-tolerant, native landscaping shall be used in the immediate
vicinity of the facilities building and parking lot. Invasive broom shall
be removed from the northeast facing slopes toward the intermittent
creek. Cleared and re-graded slopes shall be replanted with native
grasses and shrubs to enhance slope stability and filtering of
stormwater runoff.
C. The project shall adhere to the alternative pest control strategies
outlined in MCSTOPPP publications, particularly the use of diazinon
for ants.
d. An appropriate mix of on-site bioretention facilities (e.g. rain gardens,
bioretention planters, bioswales, infiltration trenches), pervious
paving, and/or in-line stormwater filtration systems shall be
implemented and maintained designed to remove stormwater
contaminants from site impervious area runoff. If required by
NPDES regulations, such treatment facilities/measures shall be
designed to accomplish the levels of flow rate or flow volume
treatment Best Management Practices (BMPs) cited in MCSTOPPP's
NPDES Attachment 4 Requirements for stormwater, which are
outlined in various publications, including: Guidance for Applicants:
Stormwater Quality Manual for Development Projects in Marin County-
A Low Impact Development Approach.
Implementation Procedure:
BMP program and SWCP to be approved by Town Engineer prior to issuance of building
or grading permits. Implementation of BMP program and Stormwater Control Plan shall
be by the contractor, under review of the Town Engineer. The Town Engineer shall
conduct inspections of the site once broom has been removed and inspect the installed
landscaping prior to building final inspection. The Public Works Department shall utilize
pest control strategies in compliance with MCSTOPPP publications. If a Stormwater
MITIGATION MONITORING PROGRAM NED'S WAY JOINT RECREATION PROJECT FILE #S2010-04 2/2011 7
Pollution Prevention Program (SWPPP) is required by the State Water Resources Control
Board for this project, the Town Engineer shall prepare such a program and ensure its
implementation in accordance with Board standards and requirements.
Non-Compliance Sanction:
Failure to comply with the approved construction BMPs, SWCP and/or SWPPP will
result in the issuance of correction notices, citations, a project stop-work order, or other
available enforcement methods.
HYDRO-2. To reduce any project related impacts on site drainage patterns and
associated erosion and siltation, the following mitigation measures are
recommended:
a: Implement stormwater control and treatment mitigations
recommended under Hydrology and Water Quality section a).
b. Incorporate an appropriate mix of stormwater runoff control
measures to maintain pre-development site peak flow rates and runoff
volumes. Possible stormwater measures could include the use of
pervious pavement systems for the parking lot, bioretention facilities
for both the parking lot and maintenance building area, and
underground detention systems (vaults, buried pipes, etc).
C. Prepare and implement a project erosion control and revegetation
plan that would specify construction and post-construction BMPs to
minimize site erosion and sediment yields.
Implementation Procedure:
BMP program and SWCP to be approved by Town Engineer prior to issuance of building
or grading permits. Implementation of BMP program and Stormwater Control Plan shall
be by the contractor, under review of the Town Engineer. The Public Works Department
shall utilize pest control strategies in compliance with MCSTOPPP publications. If a
Stormwater Pollution Prevention Program (SWPPP) is required by the State Water
Resources Control Board for this project, the Town Engineer shall prepare such a
program and ensure its implementation in accordance with Board standards and
requirements.
Non-Compliance Sanction:
Failure to comply with the approved construction BMPs, SWCP and/or SWPPP will
result in the issuance of correction notices, citations, a project stop-work order, or other
available enforcement methods.
MITIGATION MONITORING PROGRAM NEUS WAY JOINT RECREATION PROJECT FILE #S2010-04 2/2011 8
Noise
Mitigation Measure:
NOISE-1. To reduce any project related noise impacts from mechanical equipment
required for the recreation facility, the following measures shall be instituted as part
of the project
a. The mechanical equipment proposed by the project (e.g., boilers, air
handlers) would be located within the building in spaces such as an
enclosed attic or mechanical room.
b. If any noise producing mechanical equipment needs to be placed
outdoors, it should be enclosed with solid walls or earthen barriers
such that these walls or barriers block the line of sight from the noise
source to the adjacent residences.
C. A qualified acoustical consultant should review the final selection,
placement and barrier placements for outdoor, noise producing,
mechanical equipment to insure that the noise levels produced by
mechanical equipment noise do not exceed General Plan or Noise
Ordinance standards at adjacent, noise sensitive, residential uses.
Implementation Procedure:
A detailed mechanical equipment plan, including specifications for all noise producing
mechanical equipment, shall be reviewed by Planning Division staff prior to issuance of
building or grading permits. The Town Engineer shall hire a qualified acoustical
consultant, who shall review specifications for all noise producing exterior mechanical
equipment for compliance with Town noise standards.
Non-Compliance Sanction:
No issuance of building permit if mitigation measure is not met. No final inspection or
occupancy if compliance not achieved.
MITIGATION MONITORING PROGRAM NED'S WAY JOINT RECREATION PROJECT FILE #S2010-04 2/2011 9