HomeMy WebLinkAboutTC Res 2011-03-02RESOLUTION NO. 09-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON DENYING AN APPEAL BY CVS/PHARMACY AND
ARMSTRONG DEVELOPMENT PROPERTIES, INC. OF THE PLANNING
COMMISSION'S APPROVAL OF A CONDITIONAL USE PERMIT TO
OPERATE A DRUG STORE AND PHARMACY
ON PROPERTY LOCATED AT 1599 TIBURON BOULEVARD
(ASSESSOR PARCEL NO. 058-171-88)
WHEREAS, on January 12, 2011 the Planning Commission held a public hearing
on a conditional use permit application (File #11005) filed by CVS/pharmacy, Armstrong
Development Properties, Inc. and Zelinsky Properties, LLC to operate a drug store and
pharmacy, with a drive-through pharmacy, on property at 1599 Tiburon Boulevard; and
WHEREAS, on January 12, 2011 the Planning Commission adopted Resolution
No. 2011-02 conditionally approving the project; and
WHEREAS, the Planning Commission's decision was appealed in a timely
manner by CVS/pharmacy and Armstrong Development Properties, Inc. (collectively
referred to as "applicant") on three stated grounds as follows:
Ground # 1: The operating hours for the drive-through pharmacy should be the
same as the store hours (7 a.m. to 10 p.m.), as later hours would not
create noise or light impacts on neighboring residents and would be
more convenient for store customers. The applicant requests that the
second sentence of Condition #2 of the Planning Commission
resolution, which limited drive-through hours to between 8 a.m. and 8
p.m., be deleted.
Ground #2: Two lanes for the drive-through pharmacy would more efficiently
serve store customers, reduce vehicle congestion and idling times and
provide better on-site pedestrian circulation. The applicant requests
that Condition #4 of the Planning Commission resolution, limiting the
drive-through to one lane, be eliminated.
Ground #3: There is no reason to establish limits on truck delivery hours that are
different than those for other businesses in Downtown Tiburon. The
applicant requests that Condition #3 of the Planning Commission
resolution be revised to limit delivery hours consistent with Section
23-19A of the Municipal Code (in which deliveries are prohibited
between 10 p.m. and 8 a.m. on weekends and holidays, and prohibited
between 10 p.m. and 7 a.m. on all other days.
The Town Council notes that during the appeal hearing the applicant withdrew the third
ground of appeal involving delivery hour limitations; and
Town Council Resolution No. 09-2011 03/02/2011 Page 1 of 3
WHEREAS, the project application consists of File #11005, 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 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 held a public hearing on February 16, 2011, and
considered the application on a de novo basis and, after receiving testimony and reviewing
all evidence in the record, found as follows: with respect to the applicants' stated grounds for
the appeal:
1. The Town Council finds that the Planning Commission appropriately limited
the drive-through pharmacy's number of lanes and hours of operation in order
to ameliorate the project's light, noise, and other identified impacts on
residents of the adjoining Point Tiburon Marsh residential development.
2. The Town Council finds that the low overall demand for usage of the drive-
through pharmacy, estimated by the applicant at only 5 to 7 vehicles per hour
during the peak use hours, and even fewer vehicles during other hours,
rendered unnecessary a second drive-through lane for the pharmacy.
3. The Town Council finds that the Planning Commission properly limited the
truck delivery hours to ameliorate the project's impacts on residents of the
adjoining Point Tiburon Marsh residential development and reduce
occurrences of the early morning and late night noise impacts experienced by
these neighboring residents by deliveries for previous uses on the site. The
Town Council further notes that this ground of appeal was withdrawn at the
appeal hearing by the applicant; and
WHEREAS, the Town Council finds that the project is exempt from the
requirements of the California Environmental Quality Act per Section 15301 of the
CEQA Guidelines; and
WHEREAS, the Town Council finds, based upon the application materials
and analysis provided in the January 12, 2011 Planning Commission Staff Report, the
February 16, 2011 Town Council Staff Report, and the entire record on appeal, that the
project as conditioned by the Planning Commission is, on balance, consistent with the
goals and objectives of the Tiburon General Plan and complies with applicable sections
of the Tiburon Zoning Ordinance, specifically Section 16-52.040 (B) and (D), and other
applicable regulations; and
WHEREAS, the Town Council further finds that the proposed drug store and
pharmacy is listed as a preferred use for Downtown Tiburon in the Downtown Element of
the Tiburon General Plan and would be a resident-serving land use as encouraged by
Policy DT-2 of the Downtown Element; and
Town Council Resolution No. 09-2011 03/02/2011 Page 2 of 3
WHEREAS, the Town Council finds that the public convenience and
necessity would be served by the sale of alcoholic beverages by this store for
consumption off the premises due to the few opportunities for such off-sale type of sales
within the Town of Tiburon corporate limits.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon hereby denies the appeal of CVS/pharmacy and Armstrong Development Properties,
Inc. of the Planning Commission's approval of the application (File #11005) for a conditional
use permit to operate a drug store and pharmacy, with a drive-through pharmacy, on property
located at 1599 Tiburon Boulevard.
PASSED AND ADOPTED at a regular meeting of the Town Council on March 2,
2011, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Collins, Fraser, Fredericks, O'Donnell, Slavitz
None
None
JE $LAVI MAYOR
TO, O IBMLgZON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S: Wministration I Town CouncihResolutions/2011
Town Council Resolution No. 09-2011 03/02/2011 Page 3 of 3