HomeMy WebLinkAboutTC Res 2012-03-21 (2)RESOLUTION NO. 15-2012
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON PARTIALLY UPHOLDING AN APPEAL BY
JOSH EISENHUT/ARMSTRONG DEVELOPMENT PROPERTIES, INC.
OF THE DESIGN REVIEW BOARD'S APPROVAL
OF A SIGN PERMIT FOR THE INSTALLATION OF SIGNS FOR A
DRUG STORE AND PHARMACY ON PROPERTY
LOCATED AT 1599 TIBURON BOULEVARD
AND IMPOSING REVISED CONDITIONS OF APPROVAL
(ASSESSOR PARCEL NO. 058-171-88)
WHEREAS, on December 15, 2011 the Design Review Board held a public
meeting on a sign permit application (File #51110) filed by Armstrong Development
Properties, Inc. for the installation of signs for a drug store and pharmacy on property at
1599 Tiburon Boulevard; and
WHEREAS, at that meeting, the Design Review Board indicated that the
aluminum materials for the main store sign were inconsistent with the character of
Downtown Tiburon and suggested that the applicant explore a wooden sign, and asked
the applicant to consider replacing the indirect, red halo-lit illumination with a different
indirect lighting system. The Board also encouraged the applicant to submit two different
sign proposals, one which would require a Minor Exception and one that would not
require an exception. The Design Review Board continued the application to the January
19, 2012 meeting; and
WHEREAS, on January 19, 2012, the Design Review Board reviewed six (6)
different options for revised signage for the drug store and pharmacy and conditionally
approved Option V with the following modifications:
• All signs shall utilize wood materials.
• All signs shall utilize white letters on a rectangular, Equestrian Grey
background. "
• Indirect sign illumination shall utilize gooseneck lighting fixtures.
• The sign facing Beach Road shall be reduced in size to 30.48 square
feet.
• The drive-through sign shall not be illuminated; and
WHEREAS, the Design Review Board's decision was appealed in a timely
manner by Josh Eisenhut/Armstrong Development Properties, Inc. (collectively referred
to as "applicant"); and
WHEREAS, the project application consists of File #51110, 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
Town Council Resolution No. 15-2012 03/21/2012 Page 1 of 4
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 March 7, 2012, and
after receiving testimony and reviewing all evidence in the record, considered the
application on a de novo basis; and
WHEREAS, prior to the close of the public hearing, the applicant agreed to
delete the proposed sign facing Beach Road from the project; and
WHEREAS, the Town Council finds that the project is exempt from the
requirements of the California Environmental Quality Act per Section 15311 of the
CEQA Guidelines; and
WHEREAS, the Town Council finds, based upon the application materials
and analysis provided in the December 15, 2011 and January 19, 2012 Design Review
Board Staff Reports, the March 7, 2012 Town Council Staff Report, and the entire record
on appeal, that the project as conditioned by the Design Review Board is, on balance,
consistent with the goals and objectives of the Tiburon General Plan and complies with
applicable sections of the Tiburon Sign Ordinance, specifically Sections 16A.515 (a),
16A.620, 16A.625 and 16A.720, and other applicable regulations; and
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Tiburon hereby partially upholds the appeal of Josh Eisenhut/Armstrong Development
Properties, Inc. and imposes revised conditions of approval on the permit as set forth in
Exhibit "A", attached hereto and incorporated into this Resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council on
March 21, 2012, by the following vote:
AYES: COUNCILMEMBERS: Collins, Doyle, Fraser, Fredericks, O'Donnell
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ATTE
DIANE CRANE IACOPI, TOWN CLERK
Town Council Resolution No. 15-2012 03/21/2012 Page 2 of 4
EXHIBIT "A"
Conditions of Approval
Sign Permit
1599 Tiburon Boulevard
File #51110
1. This permit approves signage for the business located at 1599 Tiburon
Boulevard in the Town of Tiburon. The sign(s) shall be in conformance
with the application approved on appeal by the Tiburon Town Council on
March 21, 2012, as set forth in these conditions of approval. Any
modifications to the application as approved must be reviewed and receive
Tiburon Planning Division approval.
2. The Option V drawings (5 sheets) for the project, prepared by Coast Sign,
Incorporated and dated as received on January 19, 2012, are approved
with the following modifications:
a. Two (2) signs are approved: 1) A 30.48 square foot sign mounted
on pillars above the building entrance facing Tiburon Boulevard;
and 2) A 2.02 square foot sign mounted below the canopy of the
drive-through for the pharmacy. The proposed wall sign facing
Beach Road was voluntarily withdrawn by the applicant at the
appeal hearing and is not approved herein.
b. All signs shall utilize clearly specified durable materials, as
determined by the Director of Community Development.
C. Indirect sign illumination shall utilize gooseneck lighting fixtures.
d. The drive-through sign shall not be illuminated.
Revised drawings incorporating these modifications shall be submitted
and reviewed for substantial conformance by the Director of Community
Development prior to issuance of a building permit for the signs.
3. Compliance with all applicable safety codes is required.
4. Prior to erection of the signage, sign owner shall obtain all required
building, electrical, or related permits pursuant to the Town's adopted
building and construction codes, as set forth in Chapter 13 of the Tiburon
Municipal Code.
5. Prior to erection of the signage, an encroachment permit (if required) shall
be secured from the Town of Tiburon Public Works Department for all
work to be conducted within Town right-of-way, or Town-owned land, as
defined in Chapter 19 of the Tiburon Municipal Code.
6. The issuance of this sign permit shall not be valid if the approval
constitutes a violation of the Tiburon Sign Ordinance (Chapter 16A of the
Town Council Resolution No. 15-2012 03/21/2012 Page 3 of 4
Tiburon Municipal Code). No permit presuming to give authority to
violate or cancel the provisions of said chapter shall be valid.
7. The approved sign utilizes exposed light sources. This permit approval is
conditional upon, and only becomes final when, within sixty (60) days of
commencement of operation of the lighting and sign, the Director of
Community Development finds that the light from the sign does not cause
unreasonable glare or annoyance to persons of ordinary sensibility. The
sign owner must immediately inform the Director in writing of the
commencement of operation of the lighting and sign such that the
Director's review may proceed expeditiously. Failure to so notify the
Director shall toll the commencement of the sixty (60) day review period
commensurate with the delay in written notification. The Director's
finding with respect to unreasonable glare or annoyance may be made
only after a duly noticed hearing at which evidence is taken and a written
decision is issued. The Director of Community Development's inquiry
shall not include consideration of the message content of the sign, and
shall be restricted to the physical method of presentation (i.e. lighting) of
the message.
8. The Town may make inspections as necessary to determine whether any
sign is in compliance with this approval and other applicable regulations.
Reasonable notice shall be provided when the inspection requires access to
areas other than those available to the general public.
9. Dilapidated signs are prohibited. The sign owner shall maintain the sign
and all supporting components in good repair and finish. Substantially
deteriorated, badly weathered, rusty, or otherwise poorly maintained signs
shall be subject to public nuisance abatement or other available remedies.
10. This sign permit shall be valid for 180 days following approval, and shall
expire and become null and void unless the signs, as approved, are erected
prior to that date, unless an application for time extension, filed iii writing
with the Planning Division, is granted by the Director of Community
Development.
11. 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.
12. The illumination for all exterior signage shall be turned off at all times
outside approved business hours of operation.
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