HomeMy WebLinkAboutTC Res 2013-05-15RESOLUTION NO. 14 -2013
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
IMPOSING REACTIVATION CHARGES AND REQUIRING A DETAILED
CONSTRUCTION COMPLETION SCHEDULE FOR THE EXTENSION OF A BUILDING
PERMIT TO CONSTRUCT A SINGLE FAMILY DWELLING LOCATED AT
110 GILMARTIN DRIVE
WHEREAS, on June 23, 2010, the Town of Tiburon issued a building permit to the
owners of 110 Gilmartin Drive. The building permit authorized the construction of a new single
family dwelling with a garage, swimming pool, spa, and three accessory structures including a
Yoga studio, garage and storage building, and a pool house, for a total of approximately 18,500
square feet. The building permit was issued for a period not to exceed 24 months, or until June
23, 2012, which was the maximum initial permit length allowed by Chapter 13 of the Tiburon
Municipal Code; and
WHEREAS, on May 16, 2012, the permit holders filed for and were granted by the
Building Official a six -month extension of the permit until December 23, 2012, and paid the
required Reactivation Charge, as set forth by the Municipal Code; and
WHEREAS, on December 19, 2012, the permit holders filed for and were granted by the
Building Official another six -month extension of the permit until June 23, 2013, and paid the
required Reactivation Charge, as set forth in the Municipal Code; and
WHEREAS, on or about February 2013, the Building Official determined, in consultation
with the project builders, that the project would not be completed within the remaining term of
the building permit, and advised the permit holders that a referral of the building permit to the
local appeals board was required pursuant to Municipal Code Title IV, Chapter 13, Article II,
Section 13 -4.1.1 (c) (3) 4, prior to the issuance of any additional time extensions. The Town
determined that due to the administrative, non - technical nature of the matter, the appropriate
local appeals board is the Town Council; and
WHEREAS, on May 1, 2013, the Town Council of the Town of Tiburon held a public
meeting on the referral of the matter from the Building Official and considered, without
limitation, the staff report and correspondence and testimony from the applicant's
representatives, neighbors, and other interested persons; and
WHEREAS, the Town Council considered a range of options as set forth in the staff
report and authorized by the Municipal Code, including but not limited to "strict application" of
the Municipal Code provisions regarding Reactivation Charges, an "incentivized fee schedule" of
Reactivation Charges, and a "lump sum" approach to the Reactivation Charges; and
TIBURON TOWN COUNCIL RESOLUTION NO. 14 -2013 05/15/2013
WHEREAS, the Town Council voted 3 -1 (Doyle voting no, Collins absent) to direct staff
to return with a resolution for consideration of adoption at the next meeting incorporating the
following decision:
1. Incorporation of the "incentivized fee schedule" option as set forth in the staff report,
modified such that the reactivation charges shall be structured as follows until completion
of the project, or until December 23, 2014, whichever occurs first:
a. Payment of Reactivation Charges of $155,292 due by June 23, 2013 for a 6 -month
time extension until December 23, 2013;
b. Payment of Reactivation Charges of $232,938 due by December 23, 2013 for a 6-
month time extension until June 23, 2014;
c. Payment of $77,646 due by June 23, 2014, for a one -month time extension until July
23, 2014;
d. Payment of $77,646 due by July 23, 2014, for a one -month time extension until
August 23, 2014;
e. Payment of $77,646 due by August 23, 2014, for a one -month time extension until
September 23, 2014;
f. Payment of $77,646 due by September 23, 2014, for a one -month time extension until
October 23, 2014;
g. Payment of $77,646 due by October 23, 2014, for a one -month time extension until
November 23, 2014;
h. Payment of $77,646 due by November 23, 2014, for a one -month time extension until
December 23, 2014;
2. In the event that the project is not completed by December 23, 2014, the building permit
shall be suspended and work shall not proceed further until and unless the permit is
extended by the Town Council following a public meeting and the Town receives
payment of a Reactivation Charge of $388,230.
3. By June 10, 2013, permit holder must submit to the Building Official for acceptance a
detailed, specific, and verifiable construction completion schedule, based on a maximum
of 30 -day increments, which incorporates time -to- completion estimates for each major
building component or element. The construction completion schedule must clearly
define the project completion date.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon
does hereby extend the building permit for 110 Gilmartin Drive subject to the Reactivation
Charge schedule provisions and construction completion schedule requirements set forth
hereinabove.
TIBURON TOWN COUNCIL RESOLUTION NO. 14 -2013 05/15/2013
PASSED AND ADOPTED at a regular meeting of the Town Council on May 15, 2013,
by the following vote:
AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: One Vacant Seat
EMMETT O'DONNELL, MAYOR
TOWN OF TIBURON
ATTEST:
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DIANE CRANE IACOPI, TOWN CLERK
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TIBURON TOWN COUNCIL RESOLUTION NO. 14 -2013 05/15/2013