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HomeMy WebLinkAboutTC Res 2013-03-06(I Ililiilllllfill(fNfIIlIlfilllilill III III Recording Requested, Return to: Town Clerk, Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 RESOLUTION NO. 09-2013 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON GRANTING A VARIANCE FROM PROVISIONS OF THE TOWN'S FLOOD DAMAGE PREVENTION ORDINANCE FOR A PROPOSED IMPROVEMENT PROJECT AT 1 BLACKFIELD DRIVE, SUITES F-P ASSESSOR PARCEL NO. 034-212-18 WHEREAS, on February 21, 2003, the Town received an application from property owner Cove Shopping Center, Inc., and from lease-holder/tenant Paradise Foods, for a variance from the Town's flood damage prevention regulations in order to construct certain improvements at 1 Blackfield Drive, Tiburon, commonly known as the Cove Shopping Center. The variance requests that a substantial improvement project involving a portion of the building be allowed to be constructed without raising the entire structure above the base flood level of 11 feet NAVD of 1988; and WHEREAS, it has been determined that the extent of the variance will range from approximately 4.5 inches in the area to be occupied by Paradise Foods to approximately 3.6 feet for the lowest portions of the existing building occupied by other tenants; and WHEREAS, the Town Council held a properly-noticed public meeting on March 6, 2013 at which it considered the totality of the administratiwe recorr before it, including any and all testimony received at the meeting; and WHEREAS, the Town Council finds that a conditional use permit and site plan and architectural review permits have been previously secured for the improvement project, and that the project has been determined to be exempt from the requirements of CEQA as set forth in the approval of those permits; and WHEREAS, based on evidence in the record, including application materials, the staff report, and any and all testimony, the Town Council finds as follows: 1. The Town Council has considered all technical evaluations, all relevant factors, and all standards specified in Chapter 13D of the Municipal Code before reaching its decision. 2. The Town Council finds that the variance is the minimum necessary to afford relief in that granting of a lesser amount of relief would continue to result in extreme economic and functional hardship to both the proposed use and existing tenants in the building and would not appreciably improve flood damage protection for nearly all the tenants in the building. Town Council Resolution No. 09-2013 Adopted 03/06/2013 Page 1 3. The Town Council finds that there has been a showing good and sufficient cause for the granting of the variance in terms of economic and technical feasibility, and in terms of community disruption that would avoided by granting of the variance. 4. The Town Council finds and determines that failure to grant the variance would result in exceptional hardship to the applicant and would in all likelihood prevent the project from proceeding. 5. The Town Council finds and determines that granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with local laws or ordinances. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby grants the requested variance, subject to the following conditions of approval: 1. The applicant is hereby advised that: a) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and b) Such construction below the base flood level increases risk to life and property. 2. Applicant shall take all necessary steps and shall have an implementation plan in place upon opening for business that prepares the grocery market portion of the building for anticipated adverse conditions should a flood event occur, including the following: a. Retrieving and securing shopping carts; b. Relocating or securing mobile and/or temporary display units and iterns; C. Incorporation of flood-resistant design elements where feasible; d. Timely installation of flood protection devices (sandbags, etc.); e. Elevation of merchandise and inventory within the store to a height above 11' NAVD (4.5 inches off the floor); f. Installation of electrical boxes and mechanical devices to a height above 11' NAVD (4.5 inches off the floor), or installation of water-proof electrical boxes and mechanical devices. PASSED AND ADOPTED at a regular meeting of the Town Council on March 6, 2013, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS : Doyle, Fraser, Fredericks, O'Donnell None Collins Tiburon Council Resolution No. 09-2013 Adopted 03/06/2013 Page 2 1 EMMETT O'DONNELL, MAYOR TOWN OF TIBURON ATTEST: r 6) Zr DIANE CRANE 1ACOPI, TOWN CLERK Tiburon Council Resolution No. 09-2013 Adopted 03/06/2013 Page CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of CML CODE § 1189 On before me, le) Date Her Insert Name and Title of the Clfficer--' personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is/a;e subscribed to the within instrument and acknowledged to me that he/she" executed the same in DIANE CRANE IACOPI Commission #r 1840513 his/her44eir authorized capacity(ies), and that by i . Notary Public -California Z his/heerftheir signature(s) on the instrument the z Marin County ' person(s), or the entity upon behalf of which the My Comm. Expires Mar 15.2013 LMV V V V V WWWWWWWW V V V W_ person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand..dn o 'c' seal . Signature: c= Place Notary Seal Above Signature of Notary ~lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doc ment Title or Type of Document: J tJ b ) o / Document Date: (o- r Number of Pages: Z) f x)o Signer(s) Other Than Named Above: t% Capacity(ies) Claimed by Signer(s)( Signer's Name: Fkk (~2-~ ~ 1/17Y tC Signer's Name: Corporate Officer - Title(s): - / ❑ Individual ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Corporate Officer - Title(s)- El Individual ❑ Partner - ❑ Limited,,C'] General ❑ Attorney in Fact ❑ Trustee i i ❑ Guardian o/P'Conservator i ❑ Other: Signer Is Representing: C")/,/ Si - 7,7 g Is Representing: 2012 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ellj_~ Recording Requested, Return to: Town Clerk, Town of Tiburon E? C,4 ,1505 Tiburon Boulevard Tiburon, CA 94920 RESOLUTION NO. 09-2013 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON GRANTING A VARIANCE FROM PROVISIONS OF THE TOWN'S FLOOD DAMAGE PREVENTION ORDINANCE FOR A PROPOSED IMPROVEMENT PROJECT AT 1 BLACKFIELD DRIVE, SUITES F-P ASSESSOR PARCEL NO. 034-212-18 WHEREAS, on February 21, 2003, the Town received an application from property owner Cove Shopping Center, Inc., and from lease-holder/tenant Paradise Foods, for a variance from the Town's flood damage prevention regulations in order to construct certain improvements at 1 Blackfield Drive, Tiburon, commonly known as the Cove Shopping Center. The variance requests that a substantial improvement project involving a portion of the building be allowed to be constructed without raising the entire structure above the base flood level of 11 feet NAVD of 1988; and WHEREAS, it has been determined that the extent of the variance will range from approximately 4.5 inches in the area to be occupied by Paradise Foods to approximately 3.6 feet for the lowest portions of the existing building occupied by other tenants; and WHEREAS, the Town Council held a properly-noticed public meeting on March 6, 2013 at which it considered the totality of the administrative record before it, including any and all testimony received at the meeting; and WHEREAS, the Town Council finds that a conditional use permit and site plan and architectural review permits have been previously secured for the improvement project, and that the project has been determined to be exempt from the requirements of CEQA as set forth in the approval of those permits; and WHEREAS, based on evidence in the record, including application materials, the staff report, and any and all testimony, the Town Council finds as follows: 1. The Town Council has considered all technical evaluations, all relevant factors, and all standards specified in Chapter 13D of the Municipal Code before reaching its decision. 2. The Town Council finds that the variance is the minimum necessary to afford relief in that granting of a lesser amount of relief would continue to result in extreme economic and functional hardship to both the proposed use and existing tenants in the building and would not appreciably improve flood damage protection for nearly all the tenants in the building. Town Council Resolution No. 09-2013 Adopted 03/06/2013 Page 1 3. The Town Council finds that there has been a showing good and sufficient cause for the granting of the variance in terms of economic and technical feasibility, and in terms of community disruption that would avoided by granting of the variance. 4. The Town Council finds and determines that failure to grant the variance would result in exceptional hardship to the applicant and would in all likelihood prevent the project from proceeding. 5. The Town Council finds and determines that granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with local laws or ordinances. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby grants the requested variance, subject to the following conditions of approval: 1. The applicant is hereby advised that: a) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and b) Such construction below the base flood level increases risk to life and property. 2. Applicant shall take all necessary steps and shall have an implementation plan in place upon opening for business that prepares the grocery market portion of the building for anticipated adverse conditions should a flood event occur, including the following: a. Retrieving and securing shopping carts; b. Relocating or securing mobile and/or temporary display units and items; C. Incorporation of flood-resistant design elements where feasible; d. Timely installation of flood protection devices (sandbags, etc.); e. Elevation of merchandise and inventory within the store to a height above 11' NAVD (4.5 inches off the floor); f. Installation of electrical boxes and mechanical devices to a height above 11' NAVD (4.5 inches off the floor), or installation of water-proof electrical boxes and mechanical devices. PASSED AND ADOPTED at a regular meeting of the Town Council on March 6, 2013, by the following vote: AYES: COUNCILMEMBERS : NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS : Doyle, Fraser, Fredericks, O'Donnell None Collins Tiburon Council Resolution No. 09-2013 Adopted 03/06/2013 Page 2 EMMETT O'DONNELL, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE 126CCOPI, TOWN CLERK Tiburon Council Resolution No. 09-2013 Adopted 03/06/2013 Page CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of On - , _ ~ before me, - ~ - ME Date HerA Insert Name and Title of the Officer-/ personally appeared C Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/ar-e subscribed to the within instrument and acknowledged to me that he/s4e4hey executed the same in DIANE CRANE lACOP! his/heFA4ieir authorized capacity(its), and that by Commission # 1840513 z his/lierftheir signature(s) on the instrument the a Notary Public -California Z person(s), the entity upon behalf of which the z' Marin County A My Comm. Expires Mar 15, 2013 person(* acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. I WITNESS my hand_an o seal. f, f. I f Signature: Place Notary Seal Above Signature of Notaryiblic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Doc ment 4 4- P ,moo • Title or Type of Document: ucf y. LI cM 6 ~ 3 Z/ .2 Document Date: _ J Number of Pages: f X,0 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s)r p~ Signer's Name: E t-&-\ ~ ~)n'"''U"t' Signer's Name: [Corporate Officer - Title(s): ❑ Corporate Officer - Title(s); ❑ Individual ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I ❑ Individual ❑ Partner - ❑ Limited General ❑ Attorney in Fact ❑ Trustee ❑ Guardian o -/Conservator El Other: Sign* Is Representing: © 2012 National Notary Association • NationalNotary.org 0 1-800-US NOTARY (1-800-876-6827) Item #5907