HomeMy WebLinkAboutTC Res 2013-07-17 (3)RESOLUTION NO. 29-2013
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON REVISING THE REACTIVATION CHARGES
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 ( "Project "). 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 Section 13- 4.2.1(c)(3) required the local
appeals board to approve any additional time extensions. The Building Official determined that
due to the administrative, non - technical nature of the matter, the Town Council is the appropriate
local appeals board; and
WHEREAS, on May 1, 2013, the Town Council of the Town of Tiburon held a public
meeting on the extension of the Project's building permit 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 voted 3 -1 (Doyle voting no, Collins absent) to direct staff
to return with a resolution adopting the following decision ( "Reactivation Conditions of
Approval "):
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:
TIBURON TOWN COUNCIL RESOLUTION NO. 29 -2013 07/17/2013
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.
WHEREAS, on May 15, 2013, the Town Council adopted Resolution No. 14 -2013,
which incorporated the Reactivation Conditions of Approval set forth above; and
WHEREAS, the permit holders subsequently disputed the legality of Resolution 14 -2013
and threatened to initiate litigation against the Town to invalidate said resolution; and
WHEREAS, the Town has rejected the permit holders' challenge, but finds that the
modifications to the Reactivation Conditions of Approval set forth herein ( "Revised Reactivation
Charges ") are in the public interest in that the Revised Reactivation Charges will increase the
permit holders' incentive to complete the Project by December 23, 2014 and the permit holders
have agreed to waive and release any challenges relating to the extension of the building permit if
the Council adopts the Revised Reactivation Charges.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon
does hereby repeal and revoke Condition 1 of the Reactivation Conditions of Approval for 110
Gilmartin Drive and adopt as a new Condition 1 of said conditions the following Revised
Reactivation Charges:
TIBURON TOWN COUNCIL RESOLUTION NO. 29 -2013 07/17/2013
1. Extensions of the Project's Building Permit shall be subject to the following reactivation
charges:
a. The permit holders will pay five hundred eighty -two thousand, three hundred and
forty -five dollars ($582,345) to reactivate their Building Permit until December 23,
2014.
b. The permit holders will place five hundred eighty -two thousand, three hundred and
forty -five dollars ($582,345) in escrow as a penalty if they do not complete the Project
on or before December 23, 2014. The escrow holder and escrow instructions shall be
subject to the reasonable approval of the Town Attorney. The escrow instructions
shall require the Town Attorney's signature and the permit holders' signatures for
release of the escrowed funds and will incorporate the terms of this Agreement.
c. If the permit holders do not complete the Project on or before December 23, 2014, the
funds escrowed under Section 1(b) will be released to the Town and permit holders
will pay an additional charge of three hundred eighty - eight, two hundred and thirty
dollars ($388,230), without objection, if they wish to further extend the Building
Permit until June 2013, 2015, and comply with such conditions as the Council may
determine in a public meeting are necessary and appropriate to ensure Project
completion within that time.
d. For purposes of calculating the Revised Reactivation Charges, Project completion
shall mean that all permitted work is complete and finaled; no work shall continue on
the Project that would, if performed in isolation, require a permit.
All other portions of the Reactivation Conditions of Approval set forth in Resolution No. 14-
2013 shall remain in full force and effect.
PASSED AND ADOPTED at a regular meeting of the Town Council on July 17, 2013,
by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Doyle, Fraser, Fredericks, Slavitz
COUNCILMEMBERS: None
COUNCILMEMBERS: O'Donnell
ATTEST-)"-
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DIANE CRANE WOPI, TOWN CLERK
ALICE FREDERICKS, VICE -MAYOR
TOWN OF TIBURON
TIBURON TOWN COUNCIL RESOLUTION NO. 29 -2013 07/17/2013