HomeMy WebLinkAboutTC Res 2012-03-21RESOLUTION NO. 14-2012
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON DENYING AN APPEAL BY
APPELLANTS AGAINST THE CVS BEACH ROAD SIGN
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
(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 Appellants Against the CVS Beach Road Sign (collectively referred to as
"appellants") on five stated grounds as follows:
Ground #1: The Design Review Board was misinformed regarding its discretion in
reviewing the proposed signage facing Beach Road.
Ground #2: The sign facing Beach Road is inconsistent with the Downtown
Tiburon Design Handbook, which prohibits repetitive signage.
Town Council Resolution No. 14-2012 03/21/2012 Page 1 of 3
Ground #3: The approval of the Beach Road sign was a violation of the Brown
Act, as the public did not have an opportunity to object to the proposed
sign.
Ground #4: The submission of the revised Beach Road sign design at the January
19, 2012 Design Review Board meeting created confusion and did not
give the public an opportunity to object to its design.
Ground #5: The staff report presented at the January 19, 2012 Design Review
Board meeting recommended denial of any Beach Road sign and was
not replaced by a revised staff report at the meeting; 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 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
considered the application on a de novo basis and, after receiving testimony and reviewing
all evidence in the record, finds as follows with respect to the appellants' stated grounds for
the appeal:
1. The applicant voluntarily withdrew the Beach Road-facing wall sign prior to
the close of the public hearing on the appeal, thus rendering the Design
Review Board's approval of the Beach Road sign moot.
2. The proposed signage is not repetitive in nature; with respect to sign permit
applications, the Town does not require strict conformance to the Downtown
Tiburon Design Handbook, but rather intends that document to be informative
and suggestive.
3. The Design Review Board's process, deliberations and decision were
consistent with the provisions of the Brown Act.
4. The submission of revised plans at the January 19, 2012 Design Review
Board meeting did not impair either the public or the Board's ability to
evaluate the different sign design proposals.
5. The lack of an updated staff report is not a basis for reversing the Design
Review Board's decision; and
6. The appellants have not asserted any other basis for reversing the Design
Review Board's decision; and
Town Council Resolution No.14-2012 03/21/2012 Page 2 of 3
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 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 Section 16A.515 (a), and other applicable regulations.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon hereby denies the appeal of Appellants Against the CVS Beach Road Sign of the
Design Review Board's approval of the application (File #51110) for a sign permit for the
installation of signs for a drug store and pharmacy on property at 1599 Tiburon Boulevard.
PASSED AND ADOPTED at a regular meeting of the Town Council on March
21, 2012, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS :
ABSENT: COUNCILMEMBERS:
Collins, Doyle, Fraser, Fredericks, O'Donnell
None
None
ATTES
r
r.,
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DIANE CRANE IACOPI, TOWN CLERK
S: Wdministration I Town Counc&Resolutions1201MVSsigns deny appeal resolution.doc
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