HomeMy WebLinkAboutTC Agenda 2019-04-17 TOWN Ok T IBURON Tiburon Town Council
Tiburon Town Hall
�''>�•' April 17,2019
! 1505 Tiburon Boulevard
Special Meeting-6:15 P.M.
� Tiburon, CA 94920
Regular Meeting-7:30 P.M.
TIBURON
TOWN COUNCIL
AGENDA
SPECIAL MEETING-6:15 P.M.
CALL TO ORDER AND ROLL CALL
Councilmember Fraser,Councilmember Thier,Councilmember Welner,Vice Mayor Fredericks,Mayor
Kulik
INTERVIEWS FOR VACANCIES ON TOWN BOARDS&r COMMISSIONS
• Mark Robilotti
• Roy Crwnrine
• Cedric Barringer
• Miles Berger
• Melissa Kennedy
ADJOURNMENT- to regularmeedRg
REGULAR MEETING-7:30 P.M.
CALL TO ORDER AND ROLL CALL
Councilmember Fraser,Councilnemher Thier,Councilmember Welner,Vice Mayor Fredericks,Mayor
Kulik
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY
ORAL COMMUNICATIONS
Persons %vishing to address the Town Council on subjects not on the agenda may do so at this time.
Please note ho\vcver, that the Town Council is not able to undertake extended discussion or action on
items not on the agenda. N/lattcrs requiring action will be referred to the appropriate Commission,Board,
Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit
your comments to three(3)minutes.
PRESENTATION
• Marin Municipal Water District-New Rate and Fee Proposal
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless a request
is made by a member of the Town Council,public or staff to remove an item for separate discussion and
consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor
and do so at this time.
CC-1. "Town Council Minutes - Adopt minutes of April 3, 2019 special and regular meetings
(Department of Administrative Services)
CC-2. Road Repair and Accountability Act-Adopt Resolution that allocates FY 2019-20 Senate Bill 1
funds toNvard local street paving project (Department of Public Works)
CC-3. Local Emergency-Adopt Resolution continuing the declaration of a local emergency related to
damage caused by February 2019 storms(Office of the Town Manager)
ACTION ITEMS
AI-1. Appointments to Town Boards and Commissions - Consider making appointment(s) to the
Design Review Board (Department of Administrative Services)
PUBLIC HEARINGS
PH-1. 27 Main Street-Consider appeal of Planning Commission approval of a Conditional Use Permit
to provide live outdoor music on an existing deck at an existing restaurant (Community
Development Department)
Owners/Applicant: Main Street Tiburon,LLC
Appellant(s): Steve and Meryl Wisenbaker
Address: 27 Main Street
Assessor Parcel No.: 059-151 35
PH-2. "Town Environmental Review Guidelines - Consider repeal of Town's Environmental Review
Guidelines (2002) and adopt the State's California Environmental Quality Act (CEQA)
Guidelines by reference through incorporation(Community Development Department)
TOWN COUNCIL REPORTS
TOWN MANAGER REPORT
WEEKLY DIGESTS
• Town Council Weekly Digests-April 5&12, 2019
ADJOURNMENT
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance xvith the Americans with Disabilities Act, if you need special
assistance to participate in this meeting,please contact the ToNvn Clerk at (41-5) 435-
7377. Notification 48 hours prior to the meeting will enable the Town to make
reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for vie\ving and
inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to
Town Hall. Agendas and minutes are posted on the Town's website,
v-v,\a,w.tovenoftiburon.org.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability-related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address,phone number and brief description of the requested materials and preferred
alternative format or auxiliary aid or service at least 5 days before the meeting.
Requests should be sent to the Office of the Town Clerk at the above address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at,or prior to,the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
Town of Tiburon
1505 Tiburon Blvd., Tiburon,n, CA 94920
!ste 4154353377
TOWN OF TIBURON
COMMISSION, BOARD & COMMITTEE
APPLICATION
The Town Council considers appointments to its various Town commissions, boards and
committees throughout the year due to term expirations and unforeseen vacancies. In its effort
to broaden participation by local residents in Tiburon's local governmental process and
activities, the Council needs to know your interest in serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience which would be
beneficial to the Town, by completing this form and returning it to Town Hall with a resume.
Copies will be forwarded to the Town Council and informal applicant/Council interviews are
scheduled periodically during the year. Your application will also remain on file at Town Hall for
a period of one (1) year. Thank you for your willingness to serve the Tiburon community.
Lea Stefani
Town Clerk
Full Name:Mark G Robilotti Date: April 3, 2019
Please indicate your areas of interest in numerical order:
1 Planning Commission Parks, Open Space & Trails Comm.
2 Design Review Board Bel-Tib Joint Recreation Board
Heritage & Arts Commission 4_ Disaster Advisory Council
Bel-Tib Library Board Commission on Aging
Affordable Housing 3 Building Code Appeals Board
1 Santa Ana Court
Address:
Street Address Apartment/Unit#
Tiburon CA 94920
City State ZIP Code
Phone:
917 301 1506 Email: mgr201 @yahoo.com
As a resident of Tiburon with a passion for urban planning and design stemming from my
formative years and educational experiences in New York City as well as years participating in
the Representative Town Meetings of my hometown in Connecticut, I believe it is vital to the
health and growth of a community to actively participate in the institutions charged with the
direction of our future development, design and preservation.
I am a lawyer by training, with extensive experience in complex land use matters and regulatory
schemes. I have also directed several renovation projects to personal residences in New York,
Connecticut and here in Tiburon and have familiarity with the protocols and procedures relevant
to architectural design and planning review boards. I am profoundly excited to have relocated
to Tiburon with my family and I want to participate on the Planning Commission to ensure a
spectacular future for my children as they grow and develop within this community.
Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in
their redacted form as part of Town Council meeting materials.
From: Roy Crumrine
To: Lea Stefani
Subject: Re: Planning Commission Appointment-Crumrine interested
Date: Saturday, March 30,2019 9:15:44 AM
Lea:
Hope all is well.
I'd like to apply again.
Since the last time, I joined a global real estate company as the head of Finance for the US.
Please let me know the next steps.
Regards,
Roy
On Thursday, March 22, 2018, 7:41:54 AM PDT, Lea Stefani <Istefani@townoftiburon.org>wrote:
Dear Roy,
On behalf of the Town Council, I would like to thank you for your interest in the Tiburon Planning
Commission. Although another candidate was ultimately selected, I know the Council is grateful for your
interest in Town service and the time you have dedicated to the interviewing process. I hope you will
continue to be interested in serving our wonderful Town, and I hope to hear from you again.
Thank you for stepping forward to offer your expertise and your willingness to serve the Tiburon
community. Please stay in touch.
Lea
Lea Stefani
Town Clerk I Town of Tiburon
(415)435-7377
Istefani(5-)townoftiburon.orq
RECOVE.0-
JUL 2 7 2017
TOIR CLERK
TO\NN OF TIBURON
Instructions and Application to Serve on a Town Board,
Commission or Committee
The Town Council considers appointments to various Town boards,
commissions and committees throughout the year due to term expirations and
unforeseen vacancies. In an effort to broaden participation by local residents in
Tiburon's governmental process and activities, the Council needs to know your
interest in serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience
which would be beneficial to the Town, by completing both pages of this form and
returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to
(415)435-2438.
Copies of the application will be forwarded to the Town Council and an
informal interview will be scheduled when a vacancy occurs. Your application will
remain on file at Town Hall for a period of one (1) year.
Thank you for your willingness to serve the Tiburon community.
Diane Crane Iacopi
Town Clerk
AREAS OF INTEREST
Please Indicate Your Area(s)of Interest in Numerical Order
(#1 Being the Greatest Interest)
�i PLANNING PARKS & OPEN SPACE
DESIGN REVIEW RECREATION
HERITAGE & ARTS DISASTER PREPAREDNESS
fr3 LIBRARY Jl MARIN COMMISSION ON AGING
ff BICYCLE./PEDESTRIAN ADVISORY COMMITTEE
1
PERSONAL DATA
Only computer-generated or typewritten copy will be accepted;
Attach separate pages, including resumes and cover letters. if necessaty.
NAME: "y c:rumrine
1 /8 Stewart Drive
MAILING ADDRESS:
Lly-bUL9 279-6024
TELEPHONE: Horne: Work: Fax No. <11 xere>
PROPERTY OWNERS' ASSOC. (if applicable)tde Live witnin I'r>Jur_on Knolls
TIBURON RESIDENT: (Years)2L DATE SUBMITTED: 7/26/17
REASONS FOR SELECTING
YOUR AREAS OF INI'ERI_ ST
As a 24 year resident, and an avid reader of the Ark, I would like to
contribute to Tiburon's future. My children are now 18, and 7.6, and I am at
a point in my career where I have more free time to devote to serving.
APPLICABLE QUALIFICATIONS
AND EXPERIENCE
My first choice -is the Planning Conuniss. on.
At UC Berkeley, I goL an A in Architecture and was stroi:gly encourage by my
Professor to pursue that Career.
Instead, I went into Business, passing the CPA exam in College; and later
becoming a CPA with Price Waterhouse (now PWC) .
For fun, I got my .real. estate license. This later came n handy when I worked
for Syufy Enterprises, a major commerial. .real estate de. .-eloper.
I'm fluent in Spanish, and :I 'm always striving for win-,:in s-i_tuat-ions; which I
hope to bring to the Planning Conmiissi.on. Thank you.
----------------------------------------------Town Hall Use-------------------------------------------------
Date Application Received: Interview Date:
Appointed to:
(Commission,Board or Committee) (Date)
Date Term Expires: Length of Term:
2
Tiburon Planning Commission
Roy Crumrine Application
Additional Information
In addition to the information provided in my application and cover email, I'd like to mention the
following:
I actively follow via the ARK,the local events and issues related to the town. After we purchased our
house on Stewart Drive in 1993, 1 spent many hours at the library reading all the issues of the ARK prior
to October 1993 to get a better understanding of the community we decided to call home. I either
bought or checked out all the Landmark Society books on the history of the Town, Belvedere, and the
history of the Tiburon Peninsula.
Not only has this historical knowledge made me feel more connected to our town; but, over the years, it
has enabled me to share the history with the young Cub Scouts, Boy Scouts, and with newer residents of
the community.
Overthe years, I have occasionally attended Council, Design Review Board, and Planning Commission
meetings. Since I submitted my application for the Planning Commission in July, I would have liked to
have attended a more recent Planning Commission meeting; but, as of today (September 9th),they have
all been canceled. So,to bring myself more up to speed, I have also read the last 2 years of agendas and
minutes.
Throughout my career, currently Controller for Thunder(an advertising technology company), or my
volunteer activities, I like to be prepared and ready to get to work. Hopefully, I won't have to use the
skills; but, several years ago, I participated in one of the first CERT training classes held in town.
Now that my Boys are older, I have more free time. Since the Town and Real Estate have always been
strong interests of mine, I'd like to serve on the Planning Commission. As both a CPA and having
previously earning a real estate license, I am familiar with both real estate and legal terminology, and
codes and ordinances. I would like to think that my more than 30 years of business experience would
help lead to positive outcomes, and hopefully win-win situations for all parties involved.
Personally,from reading all the minutes, I like the fact that the Planning Commission has a hand in
making decisions that impact the economic development of the town; on top of being involved with
residential matters. Again, I think my business experience,from retail,to start-ups,to multinational
corporations could be helpful to the commission.
Thank you,
Roy Crumrine
\ f C
may^ of
r....
r ` x 505 1 -uron Blvd.,
Tiburon,s�ron, AWA � �
Istefani@townoftiburon.org
as
415x435.7377
TOWN OF TIBURON
COMMISSION BOARD & COMMITTEE
APPLICATION
The Town Council considers appointments to its various Town commissions, boards and
committees throughout the year due to term expirations and unforeseen vacancies. In its effort
to broaden participation by local residents in Tiburon's local governmental process and
activities, the Council needs to know your interest in serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience which would be
beneficial to the Town, by completing this form and returning it to Town Hall with a resume.
Copies will be forwarded to the Town Council and informal applicant/Council interviews are
scheduled periodically during the year. Your application will also remain on file at Town Hail for
a period of one (1) year. Thank you for your willingness to serve the Tiburon community.
Lea Stefani
Town Clerk
` 1° o
Full Name: lZ t 1 tj .-,-r Date: ' 8
Please indicate your areas of interest in numerical order:
Planning Commission _ Parks, Open Space & Trails Comm.
_ Design Review Board Bel-Tib Joint Recreation Board
_ Heritage & Arts Commission Disaster Advisory Council
Bei-Tib Library Board Commission on Aging
Affordable Housing Building Code Appeals Board
Address:
Street Address Apartment/Unit#
City State ZIP Code
Phone: a Ernail: � ' t � ' YI_ 14� r . � ! 7`ec ,,e
C, e C,
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Public Disclosure {Notice: Submitted application materials constitute a public record and may be publicized in
their redacted form as part of Town Council meeting materials.
t °
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April 4th, 2019
To whom it may Concern,
The following is a supplemental attachment to my Application for the Design review Board of Tiburon.
Kindly, Cedric Barringer
1. Why did you select your area (s) of interest?
I selected being a member of the Design Review Board because I feel strongly that any design
review board should have some members on it with an Architecture and/or design background. I
feel like I am qualified and have the background in high-end residential design that would prove to
be an asset to this board.
I have lived in Marin County since 2009, and love and appreciate all it has to offer. I have been a
member of the Tiburon community since 2014, and am a current resident,so being an active
member of the community holds great importance to me.
2. What are your applicable qualifications and experiences?
I have been working in the field of Architecture since 2001, including 3 years completing a Master's
in Architecture program at the University of Washington. Throughout my career in Architecture, I
have worked in the realm of high-end Residential design. I have personally been involved with
many Marin projects, in various cities and towns,with my former employers, including:
-Belvedere &Tiburon,with Walker& Moody Architects
-Mill Valley, Kentfield, Ross, and Sausalito,with Chambers+Chambers Architects
-Tiburon, with David Armour Architecture.
Through these various projects, many of which passed through the process of a Design Review
board, I have gained the knowledge of what makes a project feasible, attuned to neighboring
properties, appropriate for other surrounding context, and in some cases, appropriate for the era
of the residence. These are all crucially important to proper development. It makes the difference
between easy, cheap development, and well thought out design,which is what Tiburon needs. I
am also a sole-practitioner Architect right here in Tiburon,with several active projects.
I feel these experiences qualify me more than most. I care deeply about the town in which we live,
and look forward to the opportunity to continuing to help make it better through guiding proposed
projects to be appropriate,forward thinking,sustainable, and design-minded.
ph rye: 1.5.1) 1..f 1 cedri = arring erarchiteoure,com
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- CEDRIC BARRiN ER
IN-)(., -ie: 415.971.7871 e-rnail: cedric@barrinaerarchitecture.con-
v B J E C I V E u ces;gi_end nave built innovative,intelligentry designed,susic .,.D!e. "r
Y- es that exceed clienis' expectations. To prov,de cem`orto c-�1e
;'essionOl ouidonce inrough all aspects of the process.
E D U C A.1 10 N hi7iversity of Washington,Seattle, WA. Masters in Architecture.June 20C
design-Build Studio,Foreign Study Abroad program in Rome,ifaly.
T=inity College, Hartford, CT. Bachelor of Arts,May 1996.
4aiors in French and Studio Arts,Foreign;Study program in Paris,France
E X P E R I E N C E 6arringer Architecture,Tiburon, CA. Principal Archilect
-,piember 2017-Present
oil aspect of the Architectural process of design,ng sine c omi to
(,ate beautiful spaces for clients. Manage all aspects of the design one c, rociic?��
ocess including entiilemenis,contract negotiation and inanogei ieni,
cad,nation at numerous consultants providing a customized, ha. d-arc
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=.,P:-ember 2013-September 2017
cwoged all aspects of the design and construction process of shale fo :1,
creale unique and timeless spaces for clients. Managed all ci�pec.is c do c c,nd
)nstruciion process including entillernenis,contract negohot;e r c*od m
c�id coordination of all consultants. Served as primary conioci for both c .d
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niaiily in San Francisco.
c hambers+Chambers Architecture,Mill Valley, CA. Sr. Project Dc s(,)ef
rct,201 i-Senlember 2013
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The Town Counci� considers appointments to its various Town commissions, boards and
committees thro€ gImut the year due to terra expirations and unforeseen vacancies. In its effort
to broaden Saar t.c,£ tion by local residents in Tiburon's local overnt-nental process and
activities, the Coun-At needs to know your interest in serving the Town in sornEz capacity,
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Please indicate yotlir specific i preas of interest and special skills or experience which would be
beneficial to the §pwn, by completing this form and returning it to Town Halt t='r'ig"? a resume,
Copies will be fo rded to the 'Town Council and informal applicant/Council interviews are
scheduled pevior ieWly duCing `he year. Your application will also rern in on file at Town Hall for
a period of one (1) ear. v YOU for your willingness to serve the g i uron c o,mr-nonity.
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Lea Stefano
Town Clerk
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Public Disclosure N tic . ubmi,tted application materials constitute public record and may be publicized In
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� r{:,:d�s�t�d ,� as ut Town ��itcsi t�;�U�Bl3"tg 3natersal,.
4 F Town of Tiburon
1505 Tiburon Blvd., Tiburon, CA 94920
Maim
. i � Istefani@townoftiburon.org
�a g ,a yQ
415.435.7377
TOWN OF TIBURON
COMMISSION BOARD & COMMITTEE
APPLICATION
The Town Council considers appointments to its various Town commissions, boards and
committees throughout the year due to term expirations and unforeseen vacancies. In its effort
to broaden participation by local residents in Tiburon's local governmental process and
activities, the Council needs to know your interest in serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience which would be
beneficial to the Town, by completing this form and returning it to Town Hall with a resume.
Copies will be forwarded to the Town Council and informal applicant/Council interviews are
scheduled periodically during the year. Your application will also remain on file at Town Hall for
a period of one (1) year. Thank you for your willingness to serve the Tiburon community.
Lea Stefani
Town Clerk
ENSEENEREMENEEM
Full Name: Melissa M. Kennedy Date: April 6, 2019
Please indicate your areas of interest in numerical order:
X Planning Commission Parks, Open Space & Trails Comm.
X Design Review Board Bel-Tib Joint Recreation Board
Heritage & Arts Commission Disaster Advisory Council
Bel-Tib Library Board Commission on Aging
Affordable Housing Building Code Appeals Board
o
Address: 6 Venado Drive,
Street Address Apartment/Unit#
Tiburon CA 94920
City State ZIP Code
Phone: 415-370-0342 Email: Melissa KennedyEsq@Gmail.com
As a retired real estate attorney and resident of Southern Marin County for thirty (30) years, I have a
in-depth understanding of land use, zoning, and building code regulations. I have been an
owner/builder of several extensive residential remodels in Marin County as well as new construction in
Napa County. As a resident of Tiburon, I am mindful of, and appreciate, the attention and dedication of
this community to the preservation and careful evolution of the township's visual character.
Consideration of visual aesthetics, site compatibility, and harmonization with adjacent uses, each serve
to inform and guide any Design Review determination. A keen understanding of zoning, land use and
building code regulations amply provides me with a strong foundation to readily assist the Planning
Commission in assessing the comformance of any application with the Tiburon Municipal Code.
As a retired and licensed real estate attorney, my expertise in land use, zoning and real estate develop-
ment matters will uniqely enable me to assist the Design Review or Planning Commission in the
sucessful reconcilliation and resolution of land use and regulatory disputes to astutely avoid unproductiv
and expensive litigation threatened by an Applicant against the Town of Tiburon.
1. Licensed and retired California real estate attorney.
2. Owner/Builder of several extensive residential remodel projects in Marin County.
3. Owner/Builder of new construction real estate projects in Napa County.
4. Thirty (30) year resident of Southern Marin County.
5. Expertise in California land use, zoning, and building code regulations.
6. No direct or indirect, personal, professional, or familial economic interest in any matter before the
Planning Commission or Design Review Board.
Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in
their redacted form as part of Town Council meeting materials.
MELISSA M. KENNEDY
415-370-0342
Mel issaKennedyEsq a gmail.com
EXPERIENCE
Paragon Legal Group,P.C., San Francisco, California June 2014 to 2015
Senior Counsel
• In-house corporate counsel consulting services specializing in corporate and technology transactions.
Rodan & Fields, LLC, San Francisco, CA June 2013 to Present
Corporate Counsel of e-commerce skincare products comhanv S250,000,000+ annual sales
• Improved legal performance by drafting standardized agreements and managing contracting process.
• Structured, drafted and negotiated complex commercial transactions, including payment system
processing, product development, master services, manufacturing, logistics, distribution, quality,
compliance, consulting,joint venture, web hosting, and professional services contracts.
• Drafted, negotiated and revised intellectual property agreements including software development,
licensing, website development, application and digital catalog development, intellectual property
settlement and release, data privacy, and technology procurement agreements.
• Collaborated with business units to identify,minimize and efficiently transfer business and legal risks.
ReSource Intermediaries, Inc., San Francisco, CA August, 2007 to November, 2010
General Counsel of global reinsurance intermediary ranked thirteenth largest in world
(acquired October 2010, General Counsel and CFO functions assumed by parent organization)
• Lead attorney responsible for corporate governance, transactional, and compliance functions.
• Negotiated and drafted complex commercial agreements and acquisition documentation.
• Investigated, managed, and resolved, litigation and threatened actions.
• Managed licensing, regulatory compliance, data privacy, and document retention matters.
Nixon Peabody LLP, San Francisco, CA March, 2006 to August, 2007
Associate, Global Finance and Real Estate
• Represented diverse client base including national and international financial institutions, hedge funds,
private equity partnerships, commercial real estate developers and contractors.
• Negotiated and drafted documentation in real estate asset sale and liquidation matters.
• Structured, drafted and negotiated complex commercial transactions.
• Reviewed, negotiated and drafted capital market offerings including real estate securitizations.
White and Case LLP, San Francisco, CA April, 2004 to December, 2005
Associate, Finance
• Comprehensive finance and corporate practice including bank finance, bankruptcy, restructuring, real
estate, and global equities matters.
• Structured, negotiated and drafted real estate finance,vendor finance, and capital market agreements.
• Reviewed, negotiated and drafted secured and unsecured bi-lateral financing transaction documents.
• Drafted and negotiated venture financing and project finance terms in technology financings.
Cooley LLP, San Francisco/Palo Alto, CA November, 2001 to April, 2004
Associate, Credit Finance
• Reviewed and negotiated and drafted venture financing agreements for technology sector clients.
• Drafted settlement agreements for the restructure of technology private placement financings.
• Drafted and negotiated secured and unsecured financing for emerging growth clients.
Associate, Litigation(December, 2002 to April 2004 transitioned after market crash of 2001-02)
EDUCATION
University of California,Berkeley School of Law(Boalt Hall) May 2001
Juris Doctor
• Intellectual Property Certification
• Founder: Boalt Hall Business Law Society
• Berkeley Technology Law Journal
United States Securities and Exchange Commission September,2000 to May, 2001
Legal Extern
• Assisted in the financial, trading, and reporting investigations pursuant to federal securities law.
• Drafted memoranda presenting legal analysis of federal securities statutes and case law.
University of San Francisco May 1995
Bachelor of Science,Finance,summa cum laude
• Alpha Sigma Nu Honor Society(Top 1%of Graduating Class)
• Beta Gamma Sigma(National Business School Honor Society)
International Swaps and Derivatives Association,Inc. (ISDA)
• Derivatives and Credit Support Documentation Training and Educational Conferences
Insurance Educational Association, Associate in Risk Management
MEMBERSHIP ASSOCIATIONS
• The State Bar of California
• The American Bar Association
• The Financial Women of San Francisco, Board of Directors (20014 to Present)
MELISSA M.KENNEDY
415-370-0342
MelissaKennedyEsq(�,gmail.com
REAL ESTATE FINANCING TRANSACTIONS
• $75 million asset sale and lease back of ski resort properties in WA. CA.. and VT.
• Lender representation in $15 million financing of historical landmark building in San Francisco.
• Developer representation in $15 million sale of commercial/residential interest in FL and NY.
• Contractor representation in $50 million+ merger with international investor.
• Borrower representation in$10 million financing of commercial/residential development.
• Lender representation in $25 million financing of commercial/residential development.
• Developer representation in IRS tax audit and tax litigation matter against commercial developer.
• Lender representation in $15 million Tenant in Common financing of assisted living centers.
• Lender representation in financing of 100 parcels for grape growers and wineries.
REAL ESTATE LEASING AND LAND USE
• Landlord and Tenant representation in $1 million+commercial subleases and leases.
• Developer representation for land use matters.
• Tenant representation in $10 million+commercial leasing and subleasing transactions.
• Tenant representation in commercial lease and land use matter in Southern California.
• Lot line adjustment for country club and resort in Northern California.
• Landlord representation to obtain exemption from City of Oakland Rent Adjustment Law.
• Taxpayer representation for Mills Act Property Tax Abatement.
• REIT representation(Landlord)regarding lease disputes in Northern California.
CAPITAL MARKET AND CORPORATE FINANCE TRANSACTIONS
• Vendor representation in $250 million+receivable financing transactions.
• Investor representation in $25 million+ private equity placements.
• Representation of hedge funds and investment partnerships in $25 million+debt financings.
• Representation of trustees/securities administrators in $500 million+asset backed securitizations.
• Representation of private equity firm in $10 million+ PIPES transactions.
• Valuation of$10 million+ illiquid loans in hedge fund and venture fund portfolios.
• Underwriter representation in $100 million+ bond issuance for military housing development.
• Lender representation in $100 million+secured/unsecured syndicated and bi-lateral financings
(Bank of America, Wells Fargo Bank. Rabbobank,Nordea Bank).
• Negotiated and drafted $25 million+ Interest Rate Swaps and Guaranteed Investment Contracts.
BANKRUPTCY AND RESTRUCTURING
• Representation of large property developer in $100 million Debtor In Possession asset sale.
• Credit Committee representation in settlement of$100 million debtor claims.
• Trustee representation following bankruptcy filing of Master Servicer and Depositor in connection with
$500 million+subprime asset backed securities.
LITIGATION
• Issuer representation in SEC investigation regarding securities issuance.
• NVDIA v. Microsoft manufacturing contract dispute and arbitration.
• Genentech v. Amgen patent litigation matter.
CC-1
TOWN COUNCIL
SPECIAL AND REGULAR MEETINGS
DRAFT MINUTES
SPECIAL MEETING —6:00 P.M.
On April 3, 2019, the Council held a special meeting as follows:
CALL TO ORDER AND ROLL CALL
Councilmember Fraser, Councilmember Thier., Councilmember Wehier,Vice Mayo► Fredericks,
Mayor Kulik
CLOSED SESSION
I. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
(Government Code Section 54956.9 (d)(1))
Name of Case: People of the Stute of Californio vs. Rov'q Tjz,011o, Marin County
Superior Court No. CIV 1801979
2. CONFERENCE WITH LEGAL COUNSEL—EXISITNG LIGATION
(Government Code Section 54956,E
Name of Case: Tiburon Open,Spdce Committee, enol, v County t�f. arin—Marin
County Superior Court—Case No. CIV 1704069
3. Public Employee Performance RevieW:,Government Coion 54957
Title: Town Manager_
INTERVIEWS FORVACANCIES ON TOWN BOARDS & COMMISSIONS
• Maxwell Haring
• Eric Woodward
ADJOURNMMT-to regular istZc�f�1;�
REGULAR MEETING —7:30 P.M.
mayor KllIik called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on
Wednesday, Ap-%i 3,,2019, in Town Council Chambers. 1505 Tiburon Boulevard, Tiburon.
California.
ROLL CALL
PR> SENT: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier, Wehner
ABSENT-' , COUNCILMEMBERS: None
PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock,
Director of Community Development Kwon.
Director of Administrative Services Sweitzer_
Page 1 qf'7
Torun Council Allimaes 406-2019 DRAFT April 3, 2019
Director of Public Works/Town Engineer Barnes,
Town Clerk Stefani
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY
The Mayor announced the Council had met on two items in closed session. Hea �m regards to
the Tiburon Open Space matter, the Council heard and update regarding th- ttgn and
provided direction to the Town Attorne �
The Mayor said in regards to the Rosa T juatia matter involving%g, enforcement acttQ��at 6
Acela Drive, the Council voted 5-0 to accept the settlement agret t that will resolve the gcde
enforcement action. He said a copy of the settlement agreemct t 'available for public revre R 14g
with the Town Clerk. „/''% �N
ORAL COMMUNICATIONS 11 K m
Suzanne Morgan, Belvedere resident, asked for the Council �db� 'ment of a petition asking
Amazon to carry out a pilot program in Marin County to pickOB Buse delivery boxes.
Barbara Winter, Belvedere resident, spo1p>w�n spatof the aforesarItJ�on and urged the
Council to support it. � �
CONSENT CALENDAR /
r
CC-1. Town Councilmutes
r} NAdopt mrch 6, 2019 special and regular meetings
(Department 11 ini"s"th""tiYe Servrce�)
k f11
R
CC-2. Town ftt. ci1 Minutes ,, flOpt swMmar pVlarch 15, 2019 Town Council retreat
(Deptitnt of admintttatu�Sevtces)
CC-3. Tmmutdof March 20, 2019 special and regular
etungs (Dettrrzent of Administrative Services)
A, 711,C17"4. 8 Ro11 ells Road Adopt resolution partially granting appeal of Site Plan and
,r Archi vrew(Co �iiunity Development Department)
Ar U111111
M CC-5. Virginia Ut>liyi Undergrounding District— Award construction management contract
.3 to Green VallConsulting F,ngineers in the amount of$128,215 (Department of Public
Works)
/
m"& F
CC' estyliMYSummary—Adopt investment summary for month ending February 28,
t ( parCment of Administrative Services)
Vice MayorWFredericks removed Consent Calendar Item No. CC-2 for amendments.
MOTION: To adopt Consent Calendar Items 1, and 3-6, as written.
Page 2 of 7
Toivn Coznncil111inules 406-2019 DRAFT April 3, 2019
Moved: Thier, seconded by Fredericks
VOTE: AYES: Unanimous
CC-2. Town Council Minutes—Adopt summary of March 15, 2019 Town Councitretreat
(Department of administrative Services)
Vice Mayor Fredericks made the following amendments:
• On Page 2, Draft Town Council Protocols Policy Section Itern No 4 to redo "Continue
the practice of councilmember requests to add items to fixture agendas during th&Town
Council Reports section of meeting agendas."
• On Page 3, Housing: State Legislation and Tiburon Challenges Section, Paragraph 2 to
read: "...proposed legislation that may limit the author €k'of local jurisdictions to �equno _
housing projects to comply with existing land use andoning regulations, particularly as„'
applied to multi unit developments with affordab"16,units .."
MOTION: To adopt Consent Calendar Item No. 2, as amended
Moved: Thier, seconded by Fredericks
VOTE: AYES: Unanimous
ACTION ITEMS
F
AI-1. Virginia Utility UndergroundingDtstrict ConsrdetdoPtron of Resolution of
Issuance authorizing issuance of Ser fes B Bou sadaienno the Town's Debt
Policy (Office ofthe.Town Manager)
Town Manager Cha.ilits'�.t'eviewed tli�.histor-y of the Town Council actions taken on the Virginia
Undergrounding Drstict project Ile said the project was bid and awarded earlier this year, but to
begin the wotk;
Mayor Kulik opened the floor for public comment. There was none.
MOTION: To adopt the Resolution of Issuance, as amended by the Town Manager
Moved: Fredericks, seconded by Fraser
VOTE: AYES: Unanimous
MOTION: To approve the amendment to the Town's Debt Policy, as am ended.,by the Town
y
Manager.
Moved: Fredericks, seconded by Fraser
VOTE: AYES: Unanimous
AI-2. General Fund Reserves Update—Receive report from T6wn Manager regarding
various Fund Reserves (Office of the Town Manager �'`
Town Manager Chanis gave the Council an update on fire I'gwn's Generalyl and Reserves. He
said the Town maintains three categories of reserve funds policy ducted, discretionary set-
asides and restricted.
ti
He reviewed each set of fund balances as 6i 6130/18, and the expetec balance as of 6/30/19. He
said the estimated unallocated general Iitrid,resue balance at the end�ofthe fiscal year is
expected to be approximately $1.37 mrllro m
Chanis showed a graph comparing the fiscal Year end,totals oyer fireat ten years, and
highlighted a large transfer ol'funds out ofthe5reserves'account tow id the Town's pension and
OPEB trust funds. He also n6ted that there is growinb competition for use of these funds, and
several upcoming projects mayrecliiire use of the;general fund reserves.
"N
Mayor Kulik opened the floor for public comment There was none.
Report accepted'
AI 3.,, Town Council'Committee Appointments—Consider formation and member
appoitn�,ents for Susfainabiliry/Environmental standing committee (Department of
Adi»inistr`ative Services)
Town Clerk Stefani said Councilniember Weiner had recently requested an item added to a
future agenda for the Council to consider forming a committee to study the Town's sustainability
practices. She said the Council should consider the formation of a committee, determine whether
it OUld be a standing or ad hoc committee, and appoint members.
COtnlcilmember{Wehner said there is a clear interest in sustainability issues and solutions around
Town,'arrd the,creation of a Council committee could allow the Town to become more actively
engaged in the process. He liked the idea ofregular reports back to the Council, and welcomed
other ideas for an efficient use of the committee.
Page 9 o f 7
Tonne Council Minzaes 406-2019 DRAFT April 3. 2019
Town Attorney Stock clarified the difference between an ad hoc committee (a committee with a
defined purpose with a limited time frame) and a standing committee (broader mission for
indeterminate time frame). He said an ad hoc committee would consist of two councilmembers,
whereas a standing committee could include members of the public.
Vice Mayor Fredericks recommended the Council start with an ad hoc subcona;nittee of two
members to research other local and regional efforts on sustainability, avoidduplicative
programs, and decide on a mission for a broader committee to be more effective:.
Mayor Kulik opened the floor for public comment. There was none,.,
Fredericks said there are many ways to address climate changesustainability and it would be
more efficient to have a good concept of what the committee Will do and address so the
committee will be able to take measurable action beyon t el vexing reports
Councilmember Fraser said other cities in Marin have sintiartmtiattuesso an ad hoc committee
to study what else is being done would be a good idea. He satwtjid take more research to
better define a broader committee's initiatives and mission.
Fredericks suggested the ad hoc committee 100 'f,mhat other cities ate doing, how residents can
get involved and what the exact mission ohbe cointntftee n�tght be.
Mayor Kulik asked for volunteers to serve on 1 ad hoccom►ii°itteer Council agreed
Councilmember Weiner and.Vice Mayor Fro''it cl vo ild serve on the committee.
MOTION: To create an ad hoc sl►bcomm►ttee oxo Sustainability to research and analyze
a
potential avenues fot,"the Town to he�xznvolved in sustainability activities, develop
4�d
amission for a SUstaIniability coni�iftee and make recommendations to the
owned on actions t6 talk, and to apotiint Councilmember Wehner and Vice
. .
MayoFredericks tt5"the""ad l�oc sty :committee.
Moved: Wehiei'- seconded by Kulik
._.._.._._............ .. ..
VOTE: ,R > AYES: _ Unanimous
�AI`-4. Single-Use Food Service Ware Ordinance—Discuss and provide direction to staff
regarding possible ordinance related to single-use food service wares (Office of the Town
Manager)
Town Manager Chains_said Councilmember Thier had recently requested an item on a future
agenda fior the Council to consider adopting a single-use food service wares ordinance. Chanis
said staff was looking'for direction from the Council as to whether or not to study and draft an
ordinance.
Councilmember Thier said a single-use food service ware ordinance would continue the Town's
commitment to environmental sUstainability. and said the Town of San Anselino (among others)
had recently adopted this ordinance. She said this ordinance would help the Town achieve its
zero-waste goals by 2025.
Pine 5 of 7
Toivi7 Council AKI Nes 906-2019 DRAFT April 3, 2019
She said the ordinance would ban polystyrene materials and materials containing fluorinated
chemicals, would require patrons to request certain service ware items (straws, forks, etc.) fi-om
vendors and require those items to be made of compostable materials. She said the ars grants
available to help local stores and vendors comply with the regulations.
Mayor Kulik opened the floor for public comment.
Pat Barnard, Andrew Drive, spoke in support of the ordinance and hop�ci�T►buron M64" ,"become
plastic-tree.
Another citizen noted the "plastic problem" and said there ►s�# ing available to help busmess��,
comply with regulations. He offered to serve on a Town stf�� ability committee.
J ti
Barbara Bogart, Mill Valley and Sierra Club represents spoke toportance of having a
single ordinance consistent throughout Marin County.
IS
Janice
/ ft
Janice Reynolds, representative from the sustainability conllfli �3f J1 San Anselmo, said she
wrote the ordinance and was available i ..�.. e►. She said ��o is now
...
implementing the ordinance with ass'rgro Waste Martatat
a fi \ �
Chance Cutrano co-chair of the Sierra Club ►mate Li f0 mrttee n Marin County, said
San Anselmo set a date certain for when they dinars - uld�ttteffect and used grant
funds to help implementation He recommen'� T' At1 use the sail grace period to allow food
vendors to become acquAtth the new rrs.
Mayor Kul►k clod tie floor for clic eommenf�
i
Vice Mayor ib- ricks suppAMO ce, bu pressed concern about enforcement. She
noted that comr a ztty and r 2Gaant-: t g tt h�I be an important part of the process. She
recommended alsopal«tr with local school tltstricts.
Cturtltrt� ber,Fraser agree(It hat outreach to merchants, schools and the greater community to
l e p them bcftea'�urtde►standt �regulations would be important. He liked the idea of setting a
date certain forere� and ►uI mentation and supported the idea of having a consistent
ordinance througho11
t;I' larin County.
0116111lember Weti'i�r`agreed, and suggested developing an outreach plan to quickly
catnmunrcate w►tI l0 ea businesses and the school district to move forward quickly.
i
Mavtrr �►1►Ic s� g `sted a commrmity outreach forum and to conduct an impact analysis on local
res►dent�end businesses. He liked the idea of an implementation plan to ensure that the
regulatio► d the timeline will be clear for all those impacted. He thought this would be an
excellent first task for the new sustainability ad hoc committee to review and make a
recommendation to the Council for a timeline.
Page 6 of 7
Town Council Minutes 406-2019 DR.1FT April 3, 2019
COuneilmember Thier asked the Council to consider setting a date for the subcommittee to return
to the Council with a recommendation, and perhaps draft ordinance, to ensure this moves
forward quickly. She recommended the first Town Council meeting in June (June 5).
The Council agreed that the subcommittee would report back to the full COLon ci�before
.lune 5, but not necessarily with a draft ordinance, to ensure there is enough t►nae o�proper
outreach to the community.
TOWN COUNCIL REPORTS
4.
Vice Mayor Fredericks reported on several housing bills the Ma bounty Council of Miyorsba
and COLmeilnlembers legislative committee is studying. Sh�e�s ire had been appointed to
represent the Marin cities at the Association of Bay Areamnents leg►slative task force
meeting on housing.
TOWN MANAGER REPORT
I3x?,E'
None.
WEEKLY DIGESTS
Received.
MR'
ADJOURNMENT ADJOURNMENT �� �
There being no nthe►.bp the ore the To t
f � ncil of the Town of Tiburon. Mayor Kulik
adjourned the in x :10 p l►tFj
�" /
/ f gp j
NN
f DAVID KULIK, MAYOR
ATTEST;
s
z �
1
� tXWEA STEFAN ` N CLf ..
f
m
r
Page 77
Town Council Minutes 406-2019 DRAFT April 3, 2019
Town Council Meetin-
TOWN OF TIBURON April 17, 2019
1505 Tiburon Boulevard Agenda Item: CC-2
Tiburon, CA 94920
STAFF REPORT
To: Mayor and Members of the Town Council
Froin: Department of Public Works
Subject: Recommendation to Allocate Senate Bill (SB) l Road Repair and
Accountability Act Funds to Pave Roads
Reviewed By: / ;�
Gre-,Chanis,Town Manager Benjamin Stock,Town Attorney
SUMMARY
The State Controller began depositing various portions of the'SBI Road Repair and
Accountability Act Funds into Road Maintenance and Rehabilitation Account(RMRA); a
percentage of these funds are to be apportioned by formula to eligible cities and counties
pursuant to Streets and Highways Code (SHC) Section 2032(h) intended for basic road
maintenance, rehabilitation, and critical safety projectson the local streets and road systems.
RECOMMENDED ACTION(S)
1. Approve a Resolution to save all the SB I 'funds, estimated at $159,690, fiscal year 2019-
2020 and allocate in the Capital Improvement Plan budget of fiscal year 2020-2021 to
fund construction of the 2020 Street Paving Project at various locations in the Town.
BACKGROUND
Senate Bill 1 (SB l), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of
2017) was passed by the Legislature and Signed into law by the Governor in April 2017. It
provides additional funds for roadway maintenance.
In the upcoming 2019-20 Fiscal Year (FY), the predicted revenue to the Town is estimated at
$159.690. These funds are anticipated to be allocated by the State in equal monthly payments.
One of the reporting requirements is for the Town Council to pass and adopt a Resolution on a
recurrin- annual basis that allocates expenditure of the received funds to specific projects. Last
year, the Town Council passed and adopted Resolution No. 13-2018 (Exhibit 1) amending FY
2018-19 budget to include an additional $177,439 in State Road Maintenance and Rehabilitation
Account (RMRA) revenues and allocate in the Capital Improvement Plan budget of FY2019-20
TONVN OF TIBURON PACE I OE 2
to fund construction ofthe Hawthorne Undergrounding Project. Staffwas instructed to submit a
new resolution for the upcoming fiscal year with an updated list of projects for which SB1
funding will be allocated. The resolution is enclosed as Exhibit 2.
ANALYSIS
The actual amount of funding to be received is uncertain and depends on constantly changing
factors such as the price of gasoline and the quantities purchased by the public. All ofthe
received SBI finding will be allocated towards the construction ofthe 2020 Various Streets
Pavement Rehabilitation Project that is anticipated to begin in the sunnner of 2020. Design is
anticipated to begin in the Fall of 2019.
FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town as there is no required local match. This
grant will supplement funds allocated in the Capital Improvement Plan (CIP) budget towards the
2020 Street Paving Project at various locations in the Town.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements ofthe California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to
constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines
Section 15061 (b)(3).
RECOMMENDATION
Staff recommends that the Town Council:
I. Move to Approve a Resolution to save all the SBI funds, estimated at $159.690. fiscal
year 2019-2020 and allocate in the Capital Improvement Plan budget of fiscal year
2020-2021 to fund construction of the 2020 Street Paving Project at various locations
in the Town.
Exhibit(s): 1. Exhibit 1: Passed and adopted Resolution No. 13-018.
2.Exhibit'': Draft Resolution allocating and authorizing the RMRA fundin-,
Prepared By: David O. Eshoo, Associate Engineer
Tow.\ OF T113liR0\ 1':1(;1: 2 w 2
EXHIBIT I
RESOLUTION NO. 13-2018
A RE-SOLUTION OFTHETOWN COUNCIL OF TI-II; TOWN OFTIBURON
APROPRIATING ROAD REPAIR AND ACCOUNTABILITY ACT FUNDING AND
INCLUDING IN THE 2018-19 BUDGET TO INCORPORATE A LIST OP'PROJECTS
FUNDED BY SBI: THE ROAD REPAIR AND ACCOUNTABILITY ACT
WHEREAS, Senate Bill I (SB 1), the Road Repair and Accountability Act of 2017
(Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor
in April 2017 in order to address the significant multi-modal transportation funding shortflills
statewide; and
WHEREAS, SB I includes accountability and transparency provisions that will ensure
the residents of our Town are aware of the projects proposed for funding in our community and
which projects have been completed each fiscal year, and
WHEREAS, the Town must include a list of all projects proposed to receive funding
fi-orn the Road Maintenance and Rehabilitation Account (RIMRA)., created by SB 1, in the Town
budget, which must include a description and the location of each proposed project, a proposed
schedule for the project's completion, and the estimated useful life of the improvement; and
WHEREAS, the Town will receive an estimated $177,439 in RIMRA funding in Fiscal
Year 2018-19 from SB 1.
WHEREAS, the Town is anticipating to construct the I-lawthorne UndeFgrounding
Project in the 2019-20 fiscal year.
WHEREAS, the Town used a Pavement Management System to develop the SB I
project list to ensure revenues are being used on the most high-priority and cost-effective
projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB I will help the Town resurlace I-lawthorne Drive,
Rock 1-1111 Drive and similar projects into the future; and
WHEREAS, the 2016 California Statewide Local Streets and Roads Needs Assessment
found that the Town's streets and roads are in "000Ccondition and this revenue will help us
increase the overall quality of our road system over the next decade-, and
WHEREAS, without revenue from SB 1, the Town will have decreased ability to
undertake currently planned pavement repair projects; and
WHEREAS, the SB I project list and overall Investment in our local streets and roads
infrastructure with a focus on basic maintenance and safety, investing in complete streets
infrastructure, and using cutting-edge technology, materials and practices. will have significant
positive co-benefits statewide.
Paoe 1 of'2
Toivi,i Council Resolulio?7 No, 13-2018 312112018
NOW, THEIZEFORE IT IS HEIZE13Y RESOLVED, ORDERED AND MUND by the
Town Council of the Town ofTibL1ron, State of Calitor1iia, as 1o1le)Vr.s:
1. The foregoing recitals are true and correct.
2. Funding received .from the SBI RNIRA Prooram shall be saved in the fiscal year 20118-
2019 and shall be incorporated in the Capital Improvement Plan budget of fiscal year
2019-2020 for the Hawthorne Undergrounding Projcct.
The Hawthorne Undergrounding.Project is anticipated to be constructed in the Summer
of 2019 with a useful pavement life of 20 years.
Street Name From To PCI
Hawthorne Drive EAST END ROCK HILL 46
Hawthorne Drive ROCK HILL WEST END 2;i
--
Rock Hill T-IBURON BLVD DELMAR �--- -35�-
Rock Hill DEL MAR CUL I Sr1C 77
PASSED AND ADOPTED by the Town Council of the To-,vn of"fiburon, State of
California on this 21" day of March, 2018, by the following vote:
AYES: COUNCILMEMBERS: Fraser; Fredericks, Kulik, Thier
NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Welner
r
c
JIM ='I % S.. Z. MAYOR
TO j OF TI1MIZON
ATTEST:
1.I-A STFFAT41,TOWN CLERK
Pa e 2 of 2
Trmw Council Rcsolulion No. 13-2018 312112018
DRAFT RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APROPRIATING ROAD REPAIR AND ACCOUNTABILITY ACT FUNDING AND
INCLUDED IN THE 2019-20 BUDGET TO INCORPORATE A LIST OF PROJECTS
FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT
WHEREAS, Senate Bill I (SB 1), the Road Repair and Accountability Act of 2017
(Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor
in April 2017 to address the significant multi-modal transportation funding shortfalls statewide;
and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the
residents of our Town are aware of the projects proposed for funding in our community and which
projects have been completed each fiscal year; and
WHEREAS,the Town must adopt by resolution a list of projects proposed to receive fiscal
year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1,
which must include a description and the location of each proposed project, a proposed schedule
for the project's completion, and the estimated useful life of the improvement; and
WHEREAS, the Town, will receive an estimated $159,690 in RMRA finding in Fiscal
Year 2019-20 from SB 1; and
WHEREAS, this is the third year in which the Town is receiving SB 1 funding and will
enable the Town to continue essential road maintenance and rehabilitation projects, safety
improvements, repairing and replacing aging bridges, and increasing access and mobility options
for the traveling public that would not have otherwise been possible without SB 1: and
WHEREAS,the Town used a Pavement Managcment System to develop the SB 1 project
list to ensure revenues are being used on the most high-priority and cost-effective projects that also
meet the community°s priorities for transportation investment; and
WHEREAS,the funding from SB I will help the Town maintain and rehabilitate its streets
and roads throughout the Town and similar projects into the future; and
WHEREAS. the Town is anticipating to begin the 2020 Various Streets Pavement
Rehabilitation Project in the 2020-21 fiscal year.
WHEREAS, without revenue fi-0111 SB 1, the Town will have a decreased ability to
undertake currently planned pavement repair projects; and
Page 1 qf'3
Toivn Council Resolzzlion No.XV--2019 DRAFT 0=t,/1?!19 EXHIBIT 2
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment
found that the Towns streets and roads are in an "good'" condition and this revenue will help us
increase the overall quality of our road system and over the next decade; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads
infrastructure with a focus on basic maintenance and safety, investing in cornplete streets
infrastructure, and using cutting-edge technology, materials and practices. will have significant
positive co-benefits statewide.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the Town
Council of the Town of Tiburon, State of California, as follows:
I. The foregoing recitals are true and correct.
2. Funding received from the SB1 Program shall be saved in fiscal year 2019-2020 and be
allocated in the Capital Improvement Plan budget for fiscal year 2020-2021 for the 2020
Various Streets Pavement Rehabilitation Project Project.
Design for the Street Paving Project is anticipated to begin in Fall of 2019 and construction
to follow in the Summer of 2020 with useful pavement life of 20 years.
Street Name From To PCI Project Schedule
Barn Road Bay Vista End 22 Summer 2020
Corte Las Casas Reed Ranch Cul-de-sac 47 Summer 2020
Indian Rock Reed Ranch Cul-de-sac 31 Summer 2020
Court
Karen Way Blackfield Cul-de-sac 63 Summer 2020
Steward Drive Silverado Tenaya 58 Summer 2020
Steward Drive Tena a Roseville 65 Summer 2020
Baccharis Place Cypress End 65 Summer 2020
Hollow
Benton Court Hacienda Cul-de-sac 62 Summer 2020
Blackfield Drive Cecilia Ave Karen Wy 68 Suminer 2020
Buckwheat Court Blackfield End 67 Summer 2020
Corte Palos Reed Ranch Cul-de-sac 57 Summer 2020
Verdes
Rancho Drive Cecilia Cul-de-sac 65 Summer 2020
Turtle Rock Trestle Glen Cul-de-sac 62 SUrnmer 2020
Court
Via Capistrano Frontage Blackfield 64 Sumner 2020
Vista Tiburon Via Los Altos Cul-de-sac 51 Summer 2020
Page 2 of'3
7-oivn Council Resolzrtion No. XX--2019 DRAFT 04/1 i/19
3. The following previously proposed and adopted Hawthorn Undergrounding Project for
fiscal year 2018-19 may utilize fiscal year 2019-20 Road Maintenance and Rehabilitation
ACCOUnt revenues in their delivery. With the relisting of these projects in the adopted fiscal
year resolution, the City/County is reaffirming to the public and the State our intent to fund
these projects with Road Maintenance and Rehabilitation Account revenues:
Street Name From To PCI Project Schedule
Hawthorn Drive East End Rockhill 46 Summer 2020
Hawthorn Drive Rockhill West End 23 Summer 2020
Rock Hill Tiburon Blvd Del Mar 35 Summer 2020
Rock Hill Del Mar Cul-de-sac 77 Summer 2020
PASSED AND ADOPTED at a regular meeting of the Town Council on April 17, 2019, by the
following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
DAVID KULIK. MAYOR
TOWN OF TIBL'RON
ATTEST:
LEA STEFANI, TOWN CLERK
Page 3 of 3
Town Council Resolution No. AX--2019 DRIFT 041117/19
Town Council Meeting
TOWN OF TIBURON April 17, 2019
1505 Tiburon Boulevard Agenda Item: CC - 3
Tiburon, CA 94920
STAFF PO .
To: Mayor and Members of the Town Council
From: Office of the Town Manager
Subject: Declaration Continuing Local Emergency Related to February 2019 Storms
f
Reviewed By: x/ 'IV
Greg Chanis,Town Manager Benjamin Stock,Town Attorney
SUMMARY
As required by state law,the Council is asked to approve a Resolution continuing the declaration of a
local emergency related to the damage caused by the storm of February 12-14,2019.
RECOMMENDED ACTION(S)
1. Approve a Resolution continuing the declaration of a local emergency related to
damage caused by the storm of February 12-14, 2019.
BACKGROUND
A storm system beginning on February 12, 2019, arrived on the Tiburon Peninsula, resulting in
rainfall totally over 7 inches in a short time period. Several landslides occurred during this
timeframe.
The first slide occurred near 1435 Vistazo West. causing extensive damage to the road, and
forcing a road closure which limited access for eight single family homes beyond the location of
the slide to pedestrian only for a period of time. In addition, over 150 additional homes along
Vistazo West lost gas and power for an extended period of time. Although utilities and limited
vehicular access (alternating one way) has been restored. Reconstruction of the road and
associated utility infrastructure will take many months to complete, at a cost that is difficult to
estimate at this point.
The second slide occurred near 2032 Paradise Drive. This slide resulted in debris covering both
lanes oftraffic on Paradise Drive. "Town crews were able to clean up the debris, but one lane of
traffic will remain closed until ownership ofthe slide area can be determined, and the area can be
assessed and stabilized.
On February 20, 2019, the Council adopted Resolution No. 02-2019 proclaiming a local
emergency in the Town of Tiburon related to the landslides, v\hich will allow the Town to seek
reimbursement from State and/or Federal sources for costs associated with the damage, if they
become available.
TOWN OF TIBURON PAGE 1 OF 2
State law requires the Council review the need for continuing the local emergency at least once
every 30 days. On March 20, 2019. the Council adopted Resolution No. 09-2019 continuing the
local emergency.
ANALYSIS
Due to the ongoing nature of the landslides and associated emergency conditions, the Council is
asked tonight to adopt a Resolution (Exhibit 1) continuing the declaration of a local emergency.
The Council will continue to review the need for continuing the local emergency within 30 days.
FINANCIAL IMPACT
There is no direct financial impact to the Town through approval of this Resolution. It is not
known at this time what the final cost of repairing the damage caused by the storm will be, nor is
it known whether funding will be available from State and/or Federal sources as a result of this
storm. However, adoption of this Resolution will preserve the Town's ability to seek
reimbursement if funding becomes available.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements of the California Environmental Quality Act(CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to
constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines
Section 15061 (b)(3).
RECOMMENDATION
Staff recommends that the Town Council:
1. Approve a Resolution continuing the declaration of a local emergency related to
damage caused by a storm which occurred between February 12, 2019 and February
14, 2019.
Exhibit(s): DRAFT Resolution
Prepared By: Greg Chanis.Town Manager
TOWN' 0f Ttst:RoN I'.�GE 2 or 2
DRAFT RESOLUTION NO. xx-2019
A RESOLUTION OF THE "TOWN COUNCIL OF THE TOWN OF TIBURON
CONTINUINGTHE DECLARATION OF A LOCAL EMERGENCY RELATED TO
RECENT STORMS BEGINNING ON FEBRUARY 12 2019
WHEREAS, the California Emergency Services Act, Chapter 7, of the California
Government Code, commencing with § 8550 confers upon the governing bodies of the political
subdivisions of this state cmergency powers necessary to protect health and safety and preserve
lives and property; and
WHEREAS, § 8630 of the California Government Code, states that "a local emergency
may be proclaimed only by the governing body of a county, city and county, or city or by an official
so designated by ordinance adopted by such governing body;" and
WHEREAS, Section 21-5 of the Tiburon Municipal Code (TMC) appoints the Town
Manager as the Director of Emergency Services and TMC Section 21.6(a)(1) empowers the
Director of Emergency Services to request that the Town Council proclaim the existence of a local
emergency; and
WHEREAS, on February 20, 2019, in accordance with California Government Code §
8630 and Tiburon Municipal Code Section 21.6(a)(1), the Town Council adopted Resolution No.
02-2019 proclaiming a local emergency; and
WHEREAS, California Government Code § 8630 requires that the Council review the need
for continuing the local emergency at least once every 30 days; and
WHEREAS, on March 20. 2019, the Town Council adopted Resolution No. 09-2019 and
continued the declaration of local emergency;and
WHEREAS, additional earth movement has occurred in the Town of Tiburon as a result of
the storm system that caused landslides in February 2019; and
WHEREAS, the landslides and associated emergency conditions are of an ongoing nature
and the emergency should not be terminated at this time; and
WHEREAS. the Town Council does hereby find:
That conditions of extreme peril to the safety of persons and property have arisen within this
Town, caused by a series of severe storm systems with significant wind-driven rainfall
resulting in localized flooding, landslide and road closure, commencing on or about
February 13. 2019: and a local emergency is deemed to exist in the Town of Tiburon in
accordance with Town Council Resolution Nos. 02-2019 and 09-2019; and
EXHIBIT 1
Page 1 oi'3
Town Council Resolution No. XX-2019 DRAF'I' 04/19/2019
That these conditions resulted in landslides on Vistazo West and Paradise Drive damaging
those public streets and depositing debris causing the closure of local roadways and
damaging public infi-astructure and facilities; and
That these conditions are likely to be beyond the control of the services, personnel,
equipment, and facilities of the Town; and
That the aforesaid conditions of extreme peril warrant and necessitate the continuance of the
proclamation of the existence of a local emergency.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Town Council has
reviewed the meed for Continuing the declaration of local emergency and finds based on substantial
evidence that the public interest and necessity require the continuance of the declaration of local
emergency.
BE IT FURTHER RESOLVED that the Town Council shall review the need for
continuing the local emergency at least once every 30 days until the Town Council terminates the
local emergency.
IT IS FURTHER RESOLVED that during the existence of said local emergency the
powers, functions, and duties of the Director of Emergency Services and the emergency
organization of the Town shall be those prescribed by state law, and by ordinance and resolutions of
this Town approved by the Town Council, and by the Town of Tibilron/City of Belvedere
Emergency Operations Plan, as approved by the Town Council.
IT IS FURTHER ORDERED that a copy of this proclamation be forwarded to the
Director of the Governors Office of Emergency Services.
IT IS FURTHER ORDERED that a copy of this declaration be forwarded to the Governor
of California with the request for assistance though California Disaster Assistance Act (CDAA)
funding, a Presidential Declaration of an Emergency or Major Disaster and any and all recover
assistance the State of California can provide is requested.
PASSED AND ADOPTED at a regular meeting of the Town Council on April 17, 2019, by the
following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
DAVID KULIK, MAYOR
TOWN OF TIBURON
Page 2 of 3
Town Council Resolution No. XX-2019 DRAFT 04/19/2019
ATTEST:
LEA STEFANL TOWN CLERK
Pa,-)e 3 of 3
Town Council Resolution No. XX-2019 DRAFT 04/19/2019
Town Council Meeting
TOWN OF TIBURON April 17, 2019
1505 "hiburon Boulevard Agenda Item: AI - I
Tiburon, CA 94920
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Appointments to Fill Vacancies on Town Boards and Commissions: Design
Review Board
Reviewed By:
Greg Chanis,Town Manager Benjamin Stock,Tows Attorney
SUMMARY
There are three vacancies on the Design Review Board. The Council will consider inaking appointments'
to any or al l of the open seats.
RECOMMENDED ACTION(S)
1. Consider making appointments to the Design Review board;and/or
2. Continue the item anddirect staff to continue to accept applications for any oral] vacancies and
schedule interviews for the vacancies at an LIPCO111ing Town Council meeting.
BACKGROUND
The Design Review Board currently has three (3) vacancies. Board members John Kricensky and
Linda Emberson stepped down at or soon after the scheduled end of their terms on February 28,
2019 and Gordon Cousins resigned effective April 5. 2019. These vacancies were advertised
according to regular procedure when a scheduled or unscheduled vacancy occurs: in the Ark, on
the Town's website and in the `fibTalk newsletter. Staff accepted applications for the open seats
until April 11, 2019, and the Council has interviewed all interested applicants.
ANALYSIS
The COnnCH has interviewed 8 candidates that have expressed either a primary or secondary
interest in appointment to the Design Review Board (see Figure 1). The Town has run a parallel
application period for 1 open seat on the Planning Commission, and several applicants have
indicated interest in appointment to either the Planning Commission or Design Review Board.
The Planning Commission appointment is scheduled for a Town Council meeting in May after
the Council conducts the final interview.
Tonight, the Council is asked to consider making three appointments to the Design Review Board
based on this pool of 8 applicants. The applicants are eligible for appointment to either body. Any
applicant not appointed to the Design Review Board tonight that has also expressed interest in the
TOWN OF TIBURON PAGE I OF 3
Planning Commission will be considered again for the Planning Commission appointment in
May.
Applicant Name Primary Interest Secondary Interest
Darvin Hosseinyoun Design Review Board Planning Commission
Erika Stahlnan Design Review Board
Eric Woodward Planning Commission Design Review Board
Marls Robilotti PlanningCommission Design Review Board
Roy Crumrine Planning Commission Design Review Board
Cedric Barringer Design Review Board
Miles Berger Design Review Board
'`Interim Appointment Only*
Melissa Kennedy Planning Commission and Design Review Board
(no preference given)
Figure 1. Applicants
Tonight, the Council is asked to consider making three appointments to the Design Review
Board. If the Council wishes to delay any or all of the appointments, or makes any interim
appointments, it should also direct staff to continue to accept applications for the Design Review
Board and schedule interviews with the Town Council until all seats are filled.
FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town.
ENVIRONMENTAL RFVIFW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA.
RECOMMENDATION
Staff recommends that the Town Council:
I. Consider making appointments to the Design Review Board; and/or
2. Continue the item(s) and direct staff to continue to accept applications for any or all
vacancies and schedule interviews for the vacancies at an upcoming Town Council
meeting.
Exhibit(s):
1. Application fi-om Darvin Hosseinyoun(Interviewed 2/20)
2. Application fi-om Erika Stahlman (Interviewed 3/6)
3. Application from Eric Woodward (Interviewed 4/3)
4. Application from Mark Robilotti (Interviewed 4/17)
5. Application fi-om Roy Crumrine(Interviewed 4/17)
6. Application fi-om Cedric Barringer(Interviewed 4/17)
7. Application fi-om Miles Berger(Interviewed 4/17)
8. Application from Melissa Kennedy(Interviewed 4/17)
To\N,N of Ti Bt R0\ PAGE 2 0l'3
Prepared By: Lea SYefani,Town Clerk
Towx or T>>3t izo� PAGE 3 or 3
Town of Tiburon
1505 Tiburon Blvd., Tiburon, CA 94920
istefanitonoftiburon.or
415.435.7377
TOWN OF TIBURON
COMMISSION, BOARD & COMMITTEE
APPLICATION
The Town Council considers appointments to its various Town commissions, boards and
committees throughout the year due to term expirations and unforeseen vacancies. In its effort
to broaden participation by local residents in Tiburon's local governmental process and
activities, the Council needs to know your interest in serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience which would be
beneficial to the Town, by completing this form and returning it to Town Hall with a resume.
Copies will be forwarded to the Town Council and informal applicant/Council interviews are
scheduled periodically during the year. Your application will also remain on file at Town Hall for
a period of one (1) year. Thank you for your willingness to serve the Tiburon community.
Lea Stefani
Town Clerk
Full Name: Darvin Hosseinyoun Date: 1/22/2019
Please indicate your areas of interest in numerical order.-
2
rder:2 Planning Commission 4 Parks, Open Space & Trails Comm.
1 Design Review Board 3 Bel-Tib Joint Recreation Board
10 Heritage & Arts Commission 6 Disaster Advisory Council
5 Bel-Tib Library Board 8 Commission on Aging
7 Affordable Housing 9 Building Code Appeals Board
EXHIBIT 1
yam. a� �, E/c��
11
96 Mount Tiburon Road
Address:
Street Address Apartment/Unit#
Tiburon, CA, 94920
City State ZIP Code
Phone:
(415)-320-3801 Email: darvinhoss@gmail.com
I'm interested in these areas because I believe I can be the most help in these areas with the
skillsets and experience I have garnered. Planning is of particular interest because it involves
creativity, vision, and real estate knowlege, which was something I studied extensively. Design
review is also fascinating because it helps expose you to different ideas and perspectives of
what people in the community are seeking approval for which can be not only be an invaluable
learning process but an insight into what people are passionate about.
I recently graduated from New York University (NYU) with Cum Laude distinction. I studied real
estate at my university and complimented this with numerous internships. I continue to apply
these coursework learnings as a full-time valuations analyst at Prologis. Prologis, is a real
estate investment trust (REIT), that focuses on high-barrier and high-growth markets with an
emphasis on logistics and this exposure has quickly developed my thought process, critical
thinking, and accountability as I'm being tasked to evaulate a sizeable portfolio with a plethora
of assets. I believe this background will bring forth both a healthy concept of knowledge along
with the ability to bring forth a different perspective.
Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in
their redacted form as part of Town Council meeting materials.
Darvin Hosseinyoun
96 Mount Tiburon,CA,94920•415-320-3801•cih ciI_SsJo
EDUCATION
New York Unieersih�_New York_NY Graduation:May 2018
Schack Institute of Real IslatC Major GPA:3.94
Bachelor of Science in Real Estate Cumulative GPA:3.75
Ilonors Received:Cum Laude
ACTIVITIES
Kappa Sigma Pratcuuty Precious social chair,intramural chair,and volunteer chair Aug 2014 to Present
Best Buddies.NonproliL volunteering position Aug 2015 to Present
Real Estate Club Aug 2014 to Present
COURSEN'NORN
Commercial Lease Analysis Real Estate Principles Calculus
Real Estate Finance f=inancial Modeling •Microeconomics
Real Estate Accounting&Taxation Real Estate Law •Real Estate Valuation
Intro to Risk and Portfolio Management Real Estate Development Process •Macroeconomics
Real Estate Market Analysis Real Estate Capital Markets Algebra and Calculus
AWARDS AND SCHOLARSHIPS
New Yorl:Universite flaunts Scholar Aug 2014 to June 2018
New York Universih Dean's List Aug 2016 to June 2018
California Scholarship Federation Aug 2010 to.lune 2014
EXPERIENCE
Prologis,San Francisco,CA Sep 2018 to Present
I%crlar(1tions,917(1/J sr
• Supporting the valuation team in preparing,reviewing,and presenting models across markets using discounted cash flow,
residual analysis,and income capitalization methods
• Interacting with regional operating rearms and market officers to understand local market trends and property specific
characteristics
• Participating in market research of comparables for quarterly tracking,and providing feedback for determination of market
rents,growth rates,cap rates,value vends and risk factors
• Providing 31d party appraisers with property information,reviewing appraisals for reasonableness,accuracy,and consistence;
and assisting in providing feedback on dealt appraisal reports
• Assisting in the preparation ol'quaiteily Investment Committee reports summarizing portfolio results,value changes,and the
group's outlook based on the market trends
• Providing internal valuations and analytieal assistance to regional teams and for strategic decisions and acquisition/disposition
etfixts_as needed
• Assisting in ongoing development ofthe Valuations group,including the development of appropriate applications and
processes.and the enhancement of our data mining capabilities
Equity°enture Capital LLC_New Yolk-NY Nov 2016 to Aug 2017
Assistant Financial,Inah st
• I lelped the yerring,Underwriting,and analysis of nunnerous real estate projects ranging from domestic to international
locations
• Inspected numerous connponents of each proposal including,but not limited to,competitive properties,proposed sources
and uses of fonds,site plan_timeline,and demographic research
• Exposcd to a wide earietc of commercial projects such as retail,ground up,residential condominium_and mixed-use
• .Aided the JD Manager with the lending process and helped decipher prudent investments
SKILLS
Trilingual:Spanish=Parsi,and English
Proficient in Microsoft NVbrd.I'mwiPoint.Excel.and Outlook
AI gL1S:Enterprise and DeAcloper
Proficient in Dropboa.Salesforce.and Yardi
Town of Tiburon
1505 Tiburon Blvd., Tiburon, CA 94920
. . ' - ` w ., � eanicorno �iaronmor
415,435.7377
TOWN OF TIBURON
COMMISSION BOARD & COMMITTEE
APPLICATION
The Town Council considers appointments to its various Town commissions, boards and
committees throughout the year due to term expirations and unforeseen vacancies. In its effort
to broaden participation by local residents in Tiburon's local governmental process and
activities, the Council needs to know your interest in serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience which would be
beneficial to the Town, by completing this form and returning it to Town Hall with a resume.
Copies will be forwarded to the Town Council and informal applicant/Council interviews are
scheduled periodically during the year. Your application will also remain on file at Town Hall for
a period of one (1) year. Thank you for your willingness to serve the Tiburon community.
Lea Stefani
Town Clerk
Full Name:Erika Stahlman Date: 02.04.19
A �
Please indicate your areas of interest in numerical order:
Planning Commission Parks, Open Space & Trails Comm.
1 Design Review Board Bel-Tib Joint Recreation Board
Heritage & Arts Commission Disaster Advisory Council
Bel-Tib Library Board Commission on Aging
Affordable Housing Building Code Appeals Board
EXHIBIT
Address: 136 Sugarloaf Drive
Street Address Apartment/Unit#
Tiburon, CA 94920
City State ZIP Code
Phone:
310.591.0936 Email: erika@erikastahlman.com
I recently moved back to the Bay Area and feel strongly about giving back to the local
community. It would be an honor to serve on the Design Review Board and play a role in safe
guarding the magnificent example of natural and architectural beauty, Tiburon represents.
I grew up in the Coachella Valley, surrounded by some of the world's finest examples of
mid-century architecture. It was incredibly inspiring and informed my own design aesthetic and
language. The impact each home had on the landscape and community was very evident to
me. The importance of being respectful to local surroundings is a lesson I exercise in all the
projects I undertake in my own work.
I have since lived and worked in Los Angeles, San Francisco, New York, Paris, Beijing and
Argentina. In each of these cities, I have made it a priority to ensure the design aesthetic is in
harmonv with the local environment.
I am an Interior Architect and Designer with over 25 years of experience working in Industry. I
established my own Interior Design and Architecture Studio, Erika Stahiman International,
twelve years ago for which I am the Principle. We have completed numerous high end private
residences around the world and in the United States.
I am a California native and completed my undergraduate at FIDM here in the Bay area in 1993,
where I majored in Interior Design.
Prior to opening my own Design Studio, I worked for several major architectural and design
studios in California and New York City, including Clodagh and Irene Corzine.
This will be my second time volunteering for a City Planning position. I previously worked on the
citv Oannina council in Palm Desert. I found it incredibiv rewardina and stimulatina.
Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in
their redacted form as part of Town Council meeting materials.
ERIKA STAHLMAN
RESUME
ERIKA STAHLMAN INTERNATIONAL NEW YORK, NY
2007-PRESENT
Interior Design/Interior Architect/Owner
• 70,000 Sq. Ft. Compound Beijing interior architecture+design +art consultation
•3,200 Sq. Ft.Town House Brooklyn interior architecture+design
•2,000 Sq. Ft. Condo Brooklyn interior design
•OMG Pop office New York, NY interior design
•3,400 Sq. Ft.Town House Brooklyn interior+ landscape design
•3,600 Sq. Ft.Town House Brooklyn interior+ landscape design
•88 Morningside Condo Development New York amenities spaces+ marketing models
•Toren Condo Development New York amenities spaces+ marketing models
•Oil Hotel Buenos Aires concept design +location scouting
•The Hideaway Long Beach NY Concept Design +location scouting
CURATED
2006-2007
Creative Director
•West Park Condo Development New York FF+E, space planning,
amenities spaces, rendering coordination
• 88 Morningside Condo Development New York FF+E,space planning,
amenities spaces, rendering coordination
• 50 West Condo Development New York marketing models
•220 West 111 Condo Development New York marketing models
•Savoy Condo Development New York marketing models
MICHAEL JOHNSTON DESIGN GROUP
2002-2006
Interior Designer
•3,200 Sq. Ft. Condo New York City interior architecture+design
•2,600 Sq. Ft. Condo New York City interior architecture+design
• 1,200 Sq. Ft. Condo New York City interior architecture+design
• 1,800 Sq. Ft. Condo New York City interior architecture+design
CLODAGH
2001-2002
Project Director
• 12,000 sq. ft.Compound Woodland Hills California interior architecture+design
• 7,000 sq.ft. Condo New York City interior architecture+design
• 5,000 Sq. Ft. Compound Martha's Vineyard interior architecture+design
•2,6000 Sq. Ft. Private Residence interior architecture+design
• 1,200 Sq. Ft. Private Residence interior architecture+design
COLLEGE
1990-1993
Fashion Institute of Design and Merchandising, Interior Design,AA
VOLUNTEER
1989-1990
Palm Desert Planning Commission
136 SUGARLOAF DRIVE
TIBURON,CA 94920
310.591.0936
erika@erikstahlman.com
Tort of Tiburon
` 1505 Tiburon Blvd., Tiburon, CA 04020
s isfefani�c tg$ ynoftiburon.or�
415.435.7377
TOWN OF TIBURON
COMMISSION, BOARD & COMMITTEE
APPLICATION
The Town Council considers appointments to its various Town commissions, boards and
committees throughout the year due to term expirations and unforeseen vacancies. In its effort
to broaden participation by local residents in Tiburon's local governmental process and
activities, the Council needs to know your interest in serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience which would be
beneficial to the Town, by completing this form and returning it to Town Hall with a resume.
Copies will be forwarded to the Town Council and informal applicant/Council interviews are
scheduled periodically during the year. Your application will also remain on file at Town Hall for
a period of one (1) year. Thank you for your willingness to serve the Tiburon community.
Lea Stefani
Town Clerk
Full Name: Eric Woodward Date: 3/19/19
Please indicate your areas of interest in numerical order:
1 Planning Commission Parks, Open Space & Trails Comm.
2 Design Review Board Bel-Tib Joint Recreation Board
Heritage & Arts Commission Disaster Advisory Council
Bel-Tib Library Board Commission on Aging
Affordable Housing Building Code Appeals Board
EXHIBIT
Address: 2 Bartel Ct
Street Address Apartment/Unit#
Tiburon, CA 94920
City State ZIP Code
Phone: 212.991 .8300 Email: ewoodward@gmail.com
I have lived in Tiburon for two years now and we are raising our three children (ages 5, 7 and
8) with a focus on giving back and helping others. As part of that commitment my wife is the
Chief Development Officer for American Red Cross California and in addition to my job, I
volunteer for local events where my time and experience can make a difference.
Having lived in San Francisco for ten years and then New York City for ten years, I have seen
the positives and negatives from various planning commissions and Design Review Boards.
When done well, you end up with a beautiful, vibrant community like what Tiburon has created
and fostered. I would take pride in being a steward of the future aesthetics and infrastructure
of the Town of Tiburon.
Over the last 10 years, I have developed, designed, renovated and/or constructed seven
properties spanning multiple cities and multiple planning commissions. While this is a passion
of mine, it is not my full-time job. I spend my days leading a team of talented individuals to
build products for financial institutions to keep their customers safe from fraud and enabling
better customer experiences. Whether in my building projects or my work, my focus is always
on the end consumer and what will be most meaningful and useful to them in the long-run. I
would take that same lens in thinking through the needs of Tiburon residents.
Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in
their redacted form as part of Town Council meeting materials.
y f s Town of Tiburon
305 Tiburon Blvd., Tiburon, CA 94920
sefani@ownofiboron,or
415,435.7377
TOWN OF TIBURON
COMMISSION, BOARD & COMMITTEE
APPLICATION
The Town Council considers appointments to its various Town commissions, boards and
committees throughout the year due to term expirations and unforeseen vacancies. In its effort
to broaden participation by local residents in Tiburon's local governmental process and
activities, the Council needs to know your interest in serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience which would be
beneficial to the Town, by completing this form and returning it to Town Hall with a resume.
Copies will be forwarded to the Town Council and informal applicant/Council interviews are
scheduled periodically during the year. Your application will also remain on file at Town Hall for
a period of one (1) year. Thank you for your willingness to serve the Tiburon community.
Lea Stefani
Town Clerk
Full Name:Mark G Robilotti Date: April 3, 2019
Please indicate your areas of interest in numerical order:
1 Planning Commission Parks, Open Space & Trails Comm.
2 Design Review Board Bel-Tib Joint Recreation Board
Heritage & Arts Commission 4 _ Disaster Advisory Council
Bel-Tib Library Board Commission on Aging
Affordable Housing 3 Building Code Appeals Board
EXHIBIT 4
1 Santa Ana Court
Address:
Street Address Apartment/Unit#
Tiburon CA 94920
City State ZIP Code
Phone:
917 301 1506 Email: mgr201 @yahoo.com
•
As a resident of Tiburon with a passion for urban planning and design stemming from my
formative years and educational experiences in New York City as well as years participating in
the Representative Town Meetings of my hometown in Connecticut, I believe it is vital to the
health and growth of a community to actively participate in the institutions charged with the
direction of our future development, design and preservation.
I am a lawyer by training, with extensive experience in complex land use matters and regulatory
schemes. I have also directed several renovation projects to personal residences in New York,
Connecticut and here in Tiburon and have familiarity with the protocols and procedures relevant
to architectural design and planning review boards. I am profoundly excited to have relocated
to Tiburon with my family and I want to participate on the Planning Commission to ensure a
spectacular future for my children as they grow and develop within this community.
Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in
their redacted form as part of Town Council meeting materials.
From: Roy Crumrine
To: Lea Stefani
Subject: Re: Planning Commission Appointment-Crumrine interested
Date: Saturday,March 30,2019 9:15:44 AM
Lea:
Hope all is well.
I'd like to apply again.
Since the last time, I joined a global real estate company as the head of Finance for the US.
Please let me know the next steps.
Regards,
Roy
On Thursday, March 22, 2018, 7:41:54 AM PDT, Lea Stefani <Istefani@townoftiburon.org>wrote.-
Dear
rote:Dear Roy,
On behalf of the Town Council, I would like to thank you for your interest in the Tiburon Planning
Commission. Although another candidate was ultimately selected, I know the Council is grateful for your
interest in Town service and the time you have dedicated to the interviewing process. I hope you will
continue to be interested in serving our wonderful Town, and I hope to hear from you again.
Thank you for stepping forward to offer your expertise and your willingness to serve the Tiburon
community. Please stay in touch.
Lea
Lea Stefani
Town Clerk I Town of Tiburon
(415)435-7377
Istefani(cDtownoftiburon.orq
EXHIBIT 5
GENE
JUL 2 7 2017
TO'NN CLERK
TO,dN OF TIUIiP�ON
Instructions and Application to Serve on a Town Board,
Commission or Committee
The Town Council considers appointments to various Town boards,
commissions and committees throughout the year due to term expirations and
unforeseen vacancies. In an effort to broaden participation by local residents in
Tiburon's governmental process and activities, the Council needs to know your
interest in serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience
which would be beneficial to the Town, by completing both pages of this form and
returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to
(415)435-2438.
Copies of the application will be forwarded to the Town Council and all
informal interview will be scheduled when a vacancy occurs. Your application will
remain on rile at Town Hall for a period of one (1) year.
Thank you for your willingness to serve the Tiburon community.
Diane Crane Iacopi
Town Clerk
* 4: * J: }c Ja �t * Y * * * %k :g * * r,•
AREAS OF INTEREST
Please Indicate Your Area(s)of Interest in Numerical Order
(NI Being the Greatest Interest)
"I PLANNING 41 PARKS & OPEN SPACE
DESIGN REVIEW RECREATION
it HERITAGE & ARTS DISASTER PREPAREDNESS
#3 LIBRARY MARIN COMMISSION ON AGING
It BICYCLE./PEDESTRIAN ADVISORY COMMITTEE
1
PERSONAL DATA
Only computer-generated or typewritten copy will be accepted;
Attach separate pages, including resumes and cover letters, if necessary.
NAME: xoy c:rumrine
1 /8
Stewart Drive
MAILING ADDRESS:
G /y--bULS 279-6021
TELEPHONE: Home: Work: Fax No. <ll Here>
PROPERTY OWNERS' ASSOC. (if alviicable)Ne live witn.in TiOur_on Knolls
TIBURON RESIDENT: 0'ears)211 DATE SUBMITTED: 7126/1. /
REASONS FOR SELECTING
YOUR AREAS OF INTEREST
As a 24 year resident, and an avid reader of the Ark, I would like to
contribute to Tiburon's future. My children are now 18, and 16, and I am at
a point in my career where I have more free time to devote to serving.
APPLICABLE QUALIFICATIONS
AND EXPERIENCE
My first choice is the P.fanning Commission.
At UC Berkeley, I got an A in Architecture and was strongly encourage by illy
Professor to pursue that Career.
Instead, I went into Business, passing the CPA exam in College; and later
becoming a CPA with Price Waterhouse (now PWC) .
For fun, I got my real estate license. This later came in handy when I worked
for Syufy Enterprises, a major comme.r.i.al real estate developer.
I 'm fluent- in Spanish, and I 'm always striving for win-win situations; wh-i.ch .1
hope to bring to the Planning Commission. Thank you.
----------------------------------------------Town Hall Use------_------------------------------------------
Date Application Received: Interview Date:
Appointed to:
(Commission,Board or Committee) (Date)
Date Term Expires: Length of Term:
Tiburon Planning Commission
Roy Crumrine Application
Additional Information
In addition to the information provided in my application and cover email, I'd like to mention the
following:
I actively follow via the ARK,the local events and issues related to the town. After we purchased our
house on Stewart Drive in 1993, 1 spent many hours at the library reading all the issues of the ARK prior
to October 1993 to get a better understanding of the community we decided to call home. I either
bought or checked out all the Landmark Society books on the history of the Town, Belvedere, and the
history of the Tiburon Peninsula.
Not only has this historical knowledge made me feel more connected to our town; but, over the years, it
has enabled me to share the history with the young Cub Scouts, Boy Scouts, and with newer residents of
the community.
Over the years, I have occasionally attended Council, Design Review Board, and Planning Commission
meetings. Since I submitted my application for the Planning Commission in July, I would have liked to
have attended a more recent Planning Commission meeting; but, as of today(September 9`h), they have
all been canceled. So,to bring myself more up to speed, I have also read the last 2 years of agendas and
minutes.
Throughout my career, currently Controller for Thunder(an advertising technology company), or my
volunteer activities, I like to be prepared and ready to get to work. Hopefully, I won't have to use the
skills; but,several years ago, I participated in one of the first CERT training classes held in town.
Now that my Boys are older, I have more free time. Since the Town and Real Estate have always been
strong interests of mine, I'd like to serve on the Planning Commission. As both a CPA and having
previously earning a real estate license, I am familiar with both real estate and legal terminology, and
codes and ordinances. I would like to think that my more than 30 years of business experience would
help lead to positive outcomes, and hopefully win-win situations for all parties involved.
Personally,from reading all the minutes, I like the fact that the Planning Commission has a hand in
making decisions that impact the economic development of the town;on top of being involved with
residential matters. Again, I think my business experience,from retail,to start-ups,to multinational
corporations could be helpful to the commission.
Thank you,
Roy Crumrine
�. 1505 Tiburon Blvd,, Tibut on, 4,A 931920
Istefanl@townoftll urpn.org
� a . 41.5.455,7377
TOWN OF TIBURON
COMMISSION BOARD & COMMITTEE
APPLICATION
The Town Council considers appointments to its various Town commissions, boards and
committees throughout the year due to term expirations and unforeseen vacancies. In its effort
to broaden participation by local residents in Tiburon's local governmental process and
activities, the Council needs to know your interest in serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience which would be
beneficial to the Town, by completing this form and returning it to Town Hall with a resume.
Copies will be forwarded to the Town Council and informal applicant/Council interviews are
scheduled periodically during the year. Your application will also remain on file at Town Hall for
a period of one (1) year. Thank you for your willingness to serve the Tiburon community.
Lea Stefani
Town Clerk
Full Name: ! I - I � --� Date: 4 . .� . 7,,o t�
Please indicate your areas of interest in numerical order:
Planning Commission Parks, Open Space & Trails Comm.
Design Review Board Bel-Tib Joint Recreation Board
Heritage & Arts Commission Disaster Advisory Council
Bel-Tib Library Board Commission on Aging
Affordable Housing Building Code Appeals Board
EXHIBIT 6
Address: _ 2—oA 57>
_
Street Address Apartment/Unit#
City State ZIP Code
Pflone: Email: C- W,,, i►'"
C�
Public disclosure Notice: Submitted application materials constitute a public record and may be publicized in
their redacted form as part of Town Council meeting materials.
April 4th, 2019
To whom it may Concern,
The following is a supplemental attachment to my Application for the Design review Board of Tiburon.
Kindly, Cedric Barringer
1. Why did you select your area(s)of interest?
I selected being a member of the Design Review Board because I feel strongly that any design
review board should have some members on it with an Architecture and/or design background. I
feel like I am qualified and have the background in high-end residential design that would prove to
be an asset to this board.
I have lived in Marin County since 2009, and love and appreciate all it has to offer. I have been a
member of the Tiburon community since 2014, and am a current resident, so being an active
member of the community holds great importance to me.
2. What are your applicable qualifications and experiences?
I have been working in the field of Architecture since 2001, including 3 years completing a Master's
in Architecture program at the University of Washington. Throughout my career in Architecture, I
have worked in the realm of high-end Residential design. I have personally been involved with
many Marin projects, in various cities and towns,with my former employers, including:
-Belvedere&Tiburon, with Walker&Moody Architects
-Mill Valley, Kentfield, Ross, and Sausalito, with Chambers+Chambers Architects
-Tiburon,with David Armour Architecture.
Through these various projects, many of which passed through the process of a Design Review
board, I have gained the knowledge of what makes a project feasible, attuned to neighboring
properties, appropriate for other surrounding context, and in some cases, appropriate for the era
of the residence. These are all crucially important to proper development. It makes the difference
between easy, cheap development, and well thought out design, which is what Tiburon needs. I
am also a sole-practitioner Architect right here in Tiburon, with several active projects.
I feel these experiences qualify me more than most. I care deeply about the town in which we live,
and look forward to the opportunity to continuing to help make it better through guiding proposed
projects to be appropriate,forward thinking,sustainable, and design-minded.
phone: 41`,9.11.7871 cedric bar-ri-�f erarc:hiiec ure.c€srr3
CEDRIC BARRI i ER
Phone: 415.971.7£371 e- nai!: Cedric:«'barr�errchiiecture.com
C Q J E C I V E Io design ona have!-, t -:I_z 'v
honries itpoi exceedclents' expccial�( e i ��dly a rd
pro essiora guidance i'voug c
E D U C A T ION University of Washington Secl-We, WA r _,. 'Al
-Design-Build Studio.Foreign Sludy A)i. � c, aly.
Trinity College, Hartford, CT. Bachelor o Arts, r:,::�,; Iyrc_
Majors in French and Studio Ails, Fare k.ac cera cr ce
E X P E R I E N C E Barringer Architecture,T b,non, CA. Pr c::"
September 2017-Present
Manage all aspect of th,e Arc hitectjrn rr c fences to
crease beautiful spaces for c6e rill. "v,< < �,;, r: -r, , r, we;Ggrr o c rsln,clion
process including enl;llen,ienis,conirocl
coordination of numerous con<ulionts ,c . �d c!a�l Gpproach.
Serve as primary contact for boll.c enl c c ro ,�[. cic, r r, i-r i nge it
budget from$.5M-$2M, and located o �..� Sa � Frc n-isco ounties.
David Armour Architecture,San Frono-c.,C/-'. 1=rc;ecl Arra;,'iecl
September 2013-September 20 i 7
Managed all aspects of the design and ..:; c 1 C' of a ,, fcnia1 residences
to crease unique and trneiess spoceS fot < ,r-fects s design and
construction process including enfljllenil,cc. ,-:i c c rc r c - gement,
and coordination of oil consulmnts. Sc'! r. it
general contractor. Projects typ:(--u'v�r �i 5^✓ I,-alecl
primarily in Son Francisco.
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/Jaren 201 1-SeoIerr)ber 2013
IV,anagco ail asl> c of t �nccs to
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COMMISSION,
AAPPLICATION
The Town Council considers appointments to its various Torn commissions, boards and
committees through
out the year due to terra expirations and unforeseen vacancies. In its effort
to broaden partici ation by local residents in Tiburon's local governmental process and
activities, the oun it needs to know your interest in serving the Town in some capacity.
Please indicate yoit specific real o interest and special shills or experience which would e
beneficial to the Tien, by completing this form and returning it to Town Hall with a resume.
Copies will be fo4arded to khe Torn Council and informal applicant/Council interviews are
scheduled periodically during!the year. Your application will also remain on file at Town ball for
a period of one ( 1) year, Thane you for your willingness to sere the Tiburon community,
Lea Stefani
Town Clerk
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Please in icate your areas of interest in numerical order:
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n Planning o misslo Parks, Open Space �� Trails Comm,
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Board ` -Tib� lc int ecrea on Board-Design R v Bel
..� erk.inWye 8, ArtsCor-MiSSiorl Di:saster dtisonl €, ( 4l
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Town of Tiburon
1505 Tiburon Blvd., Tiburon, CA 94920
ffi Istefani@townoftiburon.org
415.435.7377
TOWN OF TIBURON
COMMISSION BOARD & COMMITTEE
APPLICATION
The Town Council considers appointments to its various Town commissions, boards and
committees throughout the year due to term expirations and unforeseen vacancies. In its effort
to broaden participation by local residents in Tiburon's local governmental process and
activities, the Council needs to know your interest in serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience which would be
beneficial to the Town, by completing this form and returning it to Town Hall with a resume.
Copies will be forwarded to the Town Council and informal applicant/Council interviews are
scheduled periodically during the year. Your application will also remain on file at Town Hall for
a period of one (1) year. Thank you for your willingness to serve the Tiburon community.
Lea Stefani
Town Clerk
Full Name: Melissa M. Kennedy Date: April 6, 2019
Please indicate your areas of interest in numerical order:
X Planning Commission Parks, Open Space & Trails Comm.
X Design Review Board Bel-Tib Joint Recreation Board
Heritage & Arts Commission Disaster Advisory Council
Bel-Tib Library Board Commission on Aging
Affordable Housing Building Code Appeals Board
EXHIBIT 8
Address: 6 Venado Drive,
Street Address Apartment/Unit#
Tiburon CA 94920
City State ZIP Code
Phone: 415-370-0342 Email: Mel issaKennedyEsq@Gmail.com
As a retired real estate attorney and resident of Southern Marin County for thirty (30) years, I have a
in-depth understanding of land use, zoning, and building code regulations. I have been an
owner/builder of several extensive residential remodels in Marin County as well as new construction in
Napa County. As a resident of Tiburon, I am mindful of, and appreciate, the attention and dedication of
this community to the preservation and careful evolution of the township's visual character.
Consideration of visual aesthetics, site compatability, and harmonization with adjacent uses, each serve
to inform and guide any Design Review determination. A keen understanding of zoning, land use and
building code regulations amply provides me with a strong foundation to readily assist the Planning
Commission in assessing the comformance of any application with the Tiburon Municipal Code.
As a retired and licensed real estate attorney, my expertise in land use, zoning and real estate develop-
ment matters will unigely enable me to assist the Design Review or Planning Commission in the
sucessful reconcilliation and resolution of land use and regulatory disputes to astutely avoid unproductiv
and expensive litigation threatened by an Applicant against the Town of Tiburon.
1. Licensed and retired California real estate attorney.
2. Owner/Builder of several extensive residential remodel projects in Marin County.
3. Owner/Builder of new construction real estate projects in Napa County.
4. Thirty (30) year resident of Southern Marin County.
5. Expertise in California land use, zoning, and building code regulations.
6. No direct or indirect, personal, professional, or familial economic interest in any matter before the
Planning Commission or Design Review Board.
Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in
their redacted form as part of Town Council meeting materials.
MELISSA M. KENNEDY
415-370-0342
Mel issaKennedyEsq ai(ymail.com
EXPERIENCE
Paragon Legal Group,P.C., San Francisco, California June 2014 to 2015
Senior Counsel
• In-house corporate counsel consulting services specializing in corporate and technology transactions.
Rodan & Fields,LLC, San Francisco, CA June 2013 to Present
Corporate Counsel ofe-coinlnerce skincare products cony)any S250,000,000-+- annual sales
• Improved legal performance by drafting standardized agreements and managing contracting process.
• Structured, drafted and negotiated complex commercial transactions, including payment system
processing, product development, master services, manufacturing, logistics, distribution, quality,
compliance, consulting,joint venture, web hosting, and professional services contracts.
• Drafted, negotiated and revised intellectual property agreements including software development,
licensing, website development, application and digital catalog development, intellectual property
settlement and release, data privacy, and technology procurement agreements.
• Collaborated with business units to identify, minimize and efficiently transfer business and legal risks.
ReSource Intermediaries, Inc., San Francisco, CA August,2007 to November, 2010
General Counsel of global reinsurance intermediaF}� ranked thirteenth largest in world
(acquired October 2010, General Counsel and CFO functions assumed by parent organization)
• Lead attorney responsible for corporate governance,transactional, and compliance functions.
• Negotiated and drafted complex commercial agreements and acquisition documentation.
• Investigated, managed, and resolved, litigation and threatened actions.
• Managed licensing, regulatory compliance, data privacy, and document retention matters.
Nixon Peabody LLP, San Francisco, CA March, 2006 to August, 2007
Associate, Global Finance and Real Estate
• Represented diverse client base including national and international financial institutions,hedge funds,
private equity partnerships, commercial real estate developers and contractors.
• Negotiated and drafted documentation in real estate asset sale and liquidation matters.
• Structured, drafted and negotiated complex commercial transactions.
• Reviewed, negotiated and drafted capital market offerings including real estate securitizations.
White and Case LLP, San Francisco, CA April, 2004 to December, 2005
Associate, Finance
• Comprehensive finance and corporate practice including bank finance, bankruptcy, restructuring, real
estate, and global equities matters.
• Structured, negotiated and drafted real estate finance., vendor finance, and capital market agreements.
• Reviewed, negotiated and drafted secured and unsecured bi-lateral financing transaction documents.
• Drafted and negotiated venture financing and project finance terms in technology financings.
Cooley LLP, San Francisco/Palo Alto. CA November, 2001 to April, 2004
Associate, Credit Finance
• Reviewed and negotiated and drafted venture financing agreements for technology sector clients.
• Drafted settlement agreements for the restructure of technology private placement financings.
• Drafted and negotiated secured and unsecured financing for emerging growth clients.
Associate, Litigation (December. 2002 to April 2004 transitioned after market crash of 2001-02)
EDUCATION
University of California, Berkeley School of Law(Boalt Hall) May 2001
Juris Doctor
• Intellectual Property Certification
• Founder: Boalt Hall Business Law Society
• Berkeley Technology Law Journal
United States Securities and Exchange Commission September,2000 to May, 2001
Legal Extern
• Assisted in the financial, trading, and reporting investigations pursuant to federal securities law.
• Drafted memoranda presenting legal analysis of federal securities statutes and case law.
University of San Francisco May 1995
Bachelor of Science,Finance,sannn7a cane laude
• Alpha Sigma Nu Honor Society (Top 1%of Graduating Class)
• Beta Gamma Sigma(National Business School Honor Society)
International Swaps and Derivatives Association, Inc. (ISDA)
• Derivatives and Credit Support Documentation Training and Educational Conferences
Insurance Educational Association, Associate in Risk Management
MEMBERSHIP ASSOCIATIONS
• The State Bar of California
• The American Bar Association
• The Financial Women of San Francisco, Board of Directors(20014 to Present)
MELISSA M. KENNEDY
415-370-0342
Mel issaKennedyEsq(c�.gmail.com
REAL ESTATE FINANCING TRANSACTIONS
• $75 million asset sale and lease back of ski resort properties in WA. CA, and VT.
• Lender representation in $15 million financing of historical landmark building in San Francisco.
• Developer representation in $15 million sale of commercial/residential interest in FL and NY.
• Contractor representation in $50 million+merger with international investor.
• Borrower representation in$10 million financing of cornmercial/residential development.
• Lender representation in $25 million financing of commercial/residential development.
• Developer representation in IRS tax audit and tax litigation matter against commercial developer.
• Lender representation in $15 million Tenant in Common financing of assisted living centers.
• Lender representation in financing of 100 parcels for grape growers and wineries.
REAL ESTATE LEASING AND LAND USE
• Landlord and Tenant representation in $1 million+commercial subleases and leases.
• Developer representation for land use matters.
• Tenant representation in $10 million+commercial leasing and subleasing transactions.
• Tenant representation in commercial lease and land use matter in Southern California.
• Lot line adjustment for country club and resort in Northern California.
• Landlord representation to obtain exemption fi-om City of Oakland Rent Adjustment Law.
• Taxpayer representation for Mills Act Property Tax Abatement.
• REIT representation (Landlord) regarding lease disputes in Northern California.
CAPITAL MARKET AND CORPORATE FINANCE TRANSACTIONS
• Vendor representation in $250 million+receivable financing transactions.
• Investor representation in $25 million+ private equity placements.
• Representation of hedge funds and investment partnerships in$25 million+debt financings.
• Representation of trustees/securities administrators in $500 million+asset backed securitizations.
• Representation of private equity firm in $10 million+PIPES transactions.
• Valuation of$10 million+ illiquid loans in hedge fund and venture fund portfolios.
• Underwriter representation in $100 million— bond issuance for military housing development.
• Lender representation in $100 million+secured/unsecured syndicated and bi-lateral financings
(Bank of America, Wells Fargo Bank, Rabhobank,Nordea Bank).
• Negotiated and drafted $25 million+ Interco Rate Swaps and Guaranteed Investment Contracts.
BANKRUPTCY AND RESTRUCTURING
• Representation of large property developer in $100 million Debtor In Possession asset sale.
• Credit Committee representation in settlement of$100 million debtor claims.
• Trustee representation following bankruptsy filing of Master Servicer and Depositor in connection with
$500 million+subprime asset backed securities.
LITIGATION
• Issuer representation in SEC investigation regarding securities issuance.
• NVDIA v. Microsoft manufacturing contract dispute and arbitration.
• Genentech v. Amgen patent litigation matter.
Tiburon Town Council
April 17, 2019
PH- 1 : 27 Main Street (Sam's Anchor
Cafe" ) Appeal
Late Mail
Requests for Copies:
Lea Stefani, Istefani@townoftiburon.or�
-RECE
LATE MAIL #
�R 1 V 2019
v
E , h 4,
Rotarys a�� Gsz N(UNK
SOI+TIBURON
Club of �3,+tit ade 2J �'o
Tiburon-Belvedere -
March
28, 2019
Tiburon Town Council
1505 Tiburon Blvd.
Tiburon, Ca 94920
Dear Town Council,
We at the Tiburon Rotary strongly endorse the request of Sam's Cafe that it be allowed to play live
music in the evenings on the bayside deck. This is a great opportunity to bring revenue to our town
and bring our community together. Proper guidelines as to sound levels and hours during which it
may occur will sufficiently mitigate any perceived adverse experience on the part of nearby residents.
The Board of Directors has authorized and so resolves to support this manner of entertainment. We
hope that the Town Council approves this application to amend the existing use permit.
You
JON P. RANKIN
President
cc: Conner Flaherty, Sam's Anchor Cafe
Michelle Pfieffer, Sam's Anchor Cafe
Deann Bliss, Tiburon Peninsula Chamber of Commerce
P.O. Box 220, Tiburon, CA 94920
LATE MAIL
Lea Stefani #--NJ
From: Kyra O'Malley
Sent: Monday, April 15, 2019 3:09 PM
To: Lea Stefani
Subject: FW: suggested modifications of sam's conditional use permit for live music on the bay.
Late Mail-27 Main Street
Kyra O'Malley
Associate Planner
Town of Tiburon- Planning Division
415/435.7397
MIN WEs
s:
From: Daniel Hunter AIA<dhunter@hunterarchitecture.com>
Sent: Monday, April 15, 2019 3:08 PM
To: conor.h.flaherty@gmail.com; Meryl Wisenbaker<msebest0l@aol.com>; Jim Lynch <JIM.LYNCH @LW.com>; Kyra
O'Malley<komalley@townoftiburon.org>; David Kulik<dkulik@townoftiburon.org>;Jim Fraser
<jfraser@townoftiburon.org>; afred riicks@townoftiburon.org; Holli Thier<hthier@townoftiburon.org>;Jon Welner
<jwelner@townoftiburon.org>
Subject: suggested modifications of sam's conditional use permit for live music on the bay.
Conor and Mayor Kulick and City Councilors and Kyra,
Kyra, could you please see that this letter is included in the packets for the City Council April 17, meeting.
I wanted to take a few minutes to express my concerns regarding live music at sam's as regretfully i will be at Stanford
for surgical procedure.
My specific qualifications to discuss this issue include 15 years as a practicing architect in Belvedere and Tiburon and 6
years on the Belvedere Planning Commission, 2 as Chair.
First, Conor thank you for reaching out by letter to get together to discuss our concerns regarding the live music at
sam's
We have lived at 420 Golden Gate in Belvedere for 24 years and have spent a number of holidays listening to the "battle
of the bands" on fourth of july that come from the three yacht clubs we see from our home. so our concerns are real
and not just generated from fear of unspecified noise. btw we can see boats docked at Sam's from our house which
means we have a direct line of sight (and Sound) .
ere are our concerns which are very basic, as are the suggested minimum solutions.
1. There is no enforceable sound criteria and process in the CUP. We request that the CUP be amended to include
general plan criteria for noise limit and and enforcement mechanism up to and including revocation of the CUP: and
that the music be stopped upon notice if it exceeds the general plan criteria at the belvedere/tiburon property line.
This is consistent with belvedere requirement between neighbors and is reviewed and enforced by police and
planning departments.
2. 7 days a week is too much. Please revise the CUP to reflect that the days allowed would be limited to once or twice
a week on non consecutive days to be posted in the Ark in advance so that we could schedule our own outdoor
events without having to contend with unwanted music from Sam's.
3. 6 months is too long to wait to review the effects of the CUP. Please revise the CUP to reflect a lmonth and 3
month review for conformance to these revisions and additional restrictions if it is obvious that the CUP has other
unanticipated consequences.
We are also amenable to stricter rules or cancellation of the CUP should the Council feel that based on the testimony
and evidence given in writing that the decision was ill advised.
We appreciate your consideration.
Daniel and Susan Hunter,
Daniel Hunter AIA
Hunter architecture Itd.
Belvedere CA
415.789.0953 978.879.9018
LATE MIAIL PY*
CHARLES OEWEL
683 Hilary Drive
Tiburon- CA 94920
April 1 , 2019
Town of Tiburon.
Len Stefni
Town Clerk
Email: lst fani twn.n tib ronoor
Re: Sam's Anchor hor af - Request for Conditional Use Permit
Dear Tiburon City Council:
I have been a resident of the Belvedere/Tiburon peninsula since 1989. 1 errantly reside
at 683 bilary Dries and office at 1606 Juanita Lane, nest to the Post Office.c e. 1 supper
Sam's application for a conditional use permit allowing life-music cin its deck as has
been the case over decades of operating the bar and restaurant at that location. I ask City
Council to deny the appeal of Planning Commission's approval of the application.
Since I moved here 30 gears agcy, there have been a succession of businesses occupying
our downtown. air `s has been the one constant successful business and is the oldest
business in operation since the 1920's. It is important for City, o-Luic°il.to encourage a
vibrant downtown Tiburon to tern back the growing number of empty store fronts facing
Main Street.
I have reviewed the Salter analysis concluding the music noise at Sam's. subject to;the
conditions of approval, will b "virtually inaudible"on Corinthian Island, There is no
credible evidence for Council to come to findings other than to r tif�Planning
Commission's approval of the application,
incor
Charles Ouzel
Sung H. kwon.
Director of Community Development
Email: skwc)n; ;towyioftiburt)noorg
yra "Malley
Associate Planner
Email: r:ornall c gtorno fftiburo ntM
Lea StefaniI ATP
hug I I am
From: Kyra O'Malley
Sent: Tuesday, April 16, 2019 3:09 PM
To: Lea Stefani
Subject: FW: Petitioners_Sam's CUP#2018-008- Late mail
Attachments: SKM_C55819041613350.pdf,
Late mail-27 Main Street
Kyra O'Malley
Associate Planner
Town of Tiburon- Planning Division
415/435.7397
From: Meryl <msebest0l@aol.com>
Sent:Tuesday, April 16, 2019 3:02 PM
To: Kyra O'Malley<komalley@townoftiburon.org>
Cc: Sung Kwon <skwon@townoftiburon.org>
Subject: Petitioners—Sam's CUP#2018-008
Hi Kyra,
Attached is the current list of Belvedere residents in support of the Petition dated 3.26.19 to revoke or revise Sam's
Anchor Cafe's conditional use permit which allows live amplified outdoor music seven (7) days per week...l have the
hard copy of the petition with signatures, as well as emails in'support of this neighborhood effort bringing attention to
this matter of concern.
Please provide this information to the Tiburon Council Members to have in advance of tomorrow's 7:30pm hearing on
this topic, and let me know if you have any questions.
Thank you,
Meryl
Sent from my Whone
BELVEDERE RESIDENTS IN FAVOR OF PETITION DATED 3.26.19
TO REVOKE OR REVISE SAM'S ANCHOR CAFE"S CONDTI USE PERMIT#2018-008
EMAIL
ADDRESS NAME SIGNATURE CONSENT
211 Beach George Brewster & Alison Russell 2
219 Beach Jenny Jackoboice 1
228 Beach D.B. Murray 1
229 Beach Claire McAulife 1
250 Beach Rosalind Colver 1
266 Beach Albert & Roxanne Richards 2
276 Beach jean Fair 1
280 Beach David Dominik 1
288 Beach James Q. Ellis, Jr. 1
296 Beach Emory Williams & Ae Liu 2
310 Beach Chris & Aimee Norwine 2
312 Beach Scott & Nancy Robertson 2
322 Beach Steve & Meryl Wisenbaker 2
330 Beach Mai Dolch & Dave Ganapoler 2
340 each Joanne Peterson 1
344 Beach Rosario Legasto 1
456 Belvedere Mark Herrero 1
260 Bayview David Forster/Lucy Alexander 2
318 Bella Vista Mila Reif 1
350 Bella Vista Thomas F. & Deborah Loeb 2
370 Bella Vista Robert J. and Shiela Golden 2
404 Bella Vista John Lamar 1
440 Bella Vista Paul Faizone 1
1 of 2
470 Bella Nista Meg Crofton 1
308 Golden Gate James & Suzanne DuMolin 2
412 Golden Gate Jaynes R. Lynch & Janis M. Crum 2
416 Golden Gate John & Dawn { wen 2
420 Golden Gate Dan & Susan Hunter 2
424 Golden Gate Thomas and Angela Chen 2
12 Alcatraz Anne Kasanin 1
82 Alcatraz Irene Myers Trust by R. Matossian 1
73 Eastview Sharon Barr 1
75 Eastview Jennifer Miller 1
76 Eastview Melanie Hoff ner 1
PROPERTIES: 34
PETITION SIGNATURES: 43
EMAIL CONSENT: 6
TOTAL SIGNATURES AND EMAIL CONSENT/SUPPORT: 4.
2of2
LATE MAIL # "%us
01
DAVE GANAPOLER & MAI DOLCH FT
330 Beach Rd 415.307.2977
Belvedere, CA 94920
April 15, 2019
To Whom It May Concern:
As I recover from spine surgery, I am relegated to the house with little activity; hence my ab-
sence in this meeting tonight.
As I look out on Belvedere Cove I am reminded that the serenity in which we live is relaxing
and healing. I see pelicans, cormorants, seagulls, pelicans, egrets, coots, turkey vultures, harbor
seals, sea lions and porpoises all weaving a harmonious blend of bird calls and seal barks behind
the backdrop of water lapping at our shores. These sounds brings us all a sense of wellbeing and
speaks to a vital and sustainable environment of serenity.
1 �
I wonder what impact loud, live music might have on this delicate settling. Will birds continue
to come and feed or nest in our area? Will the seals be scared away and have to relocate? What
impact will the live music have on our wildlife here in Belvedere Cove? What impact will it
have, if these animals are impacted and have to move, on the balance of the food chain here in
Belvedere Cove? What if all the vendors on the Tiburon waterfront wanted to exercise their
right to have live outdoor music? Until you can answer these questions I feel it would be irre-
sponsible to move forward and grant this permit for unlimited, live outdoor music.
When one buys a home, one always takes into consideration the desirability of assets in the
neighborhood. What kind of schools are there? Hove close is public transportation? Where is
the market located? What kind of view does it have? These all figure in the decision to buy or
not to buy property. These very assets are what stabilize real estate values in any given neigh-
borhood.
We have at least one very rare asset here on Belvedere Island. It is the sound of nature; water,
birds and animals. Can you put a value on that? Priceless right? Yet you are ready to compro-
mise the very rare and desirable assets we found so difficult to find anywhere else. Who would
be liable for these loses? Would the City of Tiburon or the corporation that owns Sam's be will-
ing to sign an agreement to pay for any loss in property values or environmental impacts that are
sustained by having live music blaring out across the water at all hours?
Sincerely,
Dave Ganapoler
Mai Dolch
LATE MAIL #.P14v1
Lea Stefani
From: Properties <Properties@pacbell.net>
Sent: Tuesday, April 16, 2019 4:12 PM
To: Lea Stefani
Subject: Agemda item PH-1
Follow Up Flag: Follow up
Flag Status: Flagged
Stefani - Unfortunately I cannot attend the meeting regarding Sam's application
for having music on the deck. Would to relay to the Town Council that I fully
support for Sam's to have live music on the deck. It would help to bring some life
into this dead Town.
Thank you and take care - Marianne Strotz a Member of the Tiburon Rotary
LATE MAIL # Mjw
MAI DOLCH
330 Beach Rd 415.435-2308
Belvedere, CA 94920
April 15, 2019
Re: Sam's Permit for Outdoor Music
To Whom It May Concern:
I am Mai Dolch and I have lived at 330 Beach Road since 1999. I have not been well.
For the past ten years I have suffered from a debilitating illness of fatigue. The fatigue
cycles come and go. Sometimes I am bed bound for as much as three months at a time. I
rest as much as I can but my sleep is not restorative. So much of my day is spent drifting
off in bed. I can't imagine flow it would be lfthere `,�Jere 'live music pounding away and
invading my needed rest. It would be so disruptive to my healing process I don't know
what I would do.
I love where I live and look forward to coming home every day when I am well enough
to be out and about.. When I come through the door I can feel the tensions of the day
melt away as I open the windows and deck doors allowing the sound of the bay splashing
on our shores to come into the house. A month ago I was told grey whales were foraging
in Belvedere Cove!! This afternoon a small flock of geese cackled as they flew by the
house.
One thing came to mind; how are we supposed to plan our BBQ weekends, when we en-
tertain our friends on our patio? It's a pretty invasive moment when the band starts to
play. It's like have a bad neighbor who plays his music too loud all the time.
Thank you for your time.
Kind regards,
Mai Dolch
LATE MAIL # F/10/
Lea Stefani
From: Kyra O'Malley
Sent: Wednesday, April 17, 2019 12:51 PM
To: Lea Stefani
Subject: FW: Sam's - Petition in Support- Late mail for 27 main Street
Attachments: Sam's-Petition of Support.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Kyra O'Malley
Associate Planner
Town of Tiburon- Planning Division
415/435.7397
% s
From: Conor Flaherty<conor.flaherty@preserve partners.com>
Sent: Wednesday, April 17, 2019 12:05 PM
To: Kyra O'Malley<komalley@townoftiburon.org>; Sung Kwon <skwon@townoftiburon.org>
Subject: Sam's- Petition in Support
Hi Kyra and Sung,
Please find a petition in support of Sam's live music attached.
Thanks.
This petition has collected
281 signatures
using the online tools at ipetitions.com
Printed on 2019-04-17
Page 1 of 24
Support Sam's Live Music
About this petition
Sam's was recently granted approval to play live music on the deck until 8PM Sunday through
Thursday, and 9PM on Friday and Saturday. The approval was appealed and is heading to a Town
Council vote on Wednesday, April 17th. Please sign this petition to support Sam's!
Page 2 of 24
Signatures
1. Name: Brandon Crawford on 2019-04-14 21:56:45
Comments:
2. Name: Max Perry on 2019-04-14 22:11:21
Comments:
3. Name: Matthew Killian Flaherty on 2019-04-15 15:26:47
Comments:
4. Name: Aaron Derby on 2019-04-15 15:33:48
Comments:
5. Name: Jd pomilia on 2019-04-15 15:34:20
Comments:
6. Name: Jacob Donick on 2019-04-15 15:37:14
Comments:
7. Name: Saul Levy on 2019-04-15 15:39:05
Comments:
8. Name: Ben Rosenfeld on 2019-04-15 15:42:35
Comments: This is a great community benefit
9. Name: Jeff Wagstaffe on 2019-04-15 15:45:41
Comments:
10. Name: Joey Isaacson on 2019-04-15 15:50:17
Comments:
11. Name: William Sink on 2019-04-15 16:32:04
Comments: Bring live music to a great restaurant venue in downtown Tiburon!
12. Name: Andy McGhie on 2019-04-15 16:40:26
Comments:
13. Name: Keely Uhlir on 2019-04-15 16:58:34
Comments:
14. Name: Pedrom Ghafoori on 2019-04-15 17:14:47
Page 3 of 24
Comments:
15. Name: Sally Kallet on 2019-04-15 17:24:40
Comments:
16. Name: Robert Shaplen on 2019-04-15 18:14:26
Comments:
17. Name: Brendan David on 2019-04-15 18:43:14
Comments: We need Live music in Tiburon! Music brings the community together!
18. Name: Ariel P Shultz on 2019-04-15 18:56:48
Comments:
19. Name: Nicholas on 2019-04-15 19:17:05
Comments: Sam's has been a pillar of the Tiburon community for the past century
bringing together friends and family. If music does not encapsulate those same values
and traditions, I don't know what does. With Sam's new face, along with family friendly
music, I can only imagine how much the town of Tiburon will flourish.
20. Name: Stephan Schneck on 2019-04-15 19:19:16
Comments:
21. Name: Peggy Shultz on 2019-04-15 19:51:47
Comments:
22. Name: Danielle Shultz on 2019-04-15 20:00:47
Comments:
23. Name: Dana H Shultz on 2019-04-15 20:07:50
Comments:
24. Name: Ron Jacks on 2019-04-15 20:19:24
Comments: Please allow this icon (Sam's) to continue bringing our community together!!
25. Name: Kevin Hamant on 2019-04-15 20:25:10
Comments:
26. Name: william breck on 2019-04-15 20:26:31
Comments:
27. Name: Sam Coffey on 2019-04-15 20:40:16
Page 4 of 24
Comments:
28. Name: Bob Austrian on 2019-04-15 20:41:16
Comments:
29. Name: Charlotte Trotter on 2019-04-15 20:41:22
Comments:
30. Name: Gretchen Graham on 2019-04-15 20:42:30
Comments:
31. Name: Greg Swart on 2019-04-15 20:43:20
Comments: Live music at Sams will drive more down town business
32. Name: Kurtis James Kaull on 2019-04-15 20:45:52
Comments:
33. Name: Mike Kisseberth on 2019-04-15 20:46:12
Comments:
34. Name: Marianne Pearson on 2019-04-15 20:48:13
Comments:
35. Name: Stephanie Cyr on 2019-04-15 20:48:39
Comments:
36. Name: Sam Peck on 2019-04-15 20:49:40
Comments: Sam's is the heart and soul of downtown Tiburon. Live music is a natural
there and will be a welcome benefit to residents and visitors alike.
37. Name: Nicole Klionsky on 2019-04-15 20:49:59
Comments:
38. Name: NEIL Christopher CAYNAN on 2019-04-15 20:53:57
Comments: Bring live music to downtown!
39. Name: John Adams on 2019-04-15 20:54:35
Comments:
40. Name: Jonathan Groesbeck on 2019-04-15 21:00:19
Comments: This would be a great benefit to downtown Tiburon
Page 5 of 24
41. Name: Tim Kelly on 2019-04-15 21:03:17
Comments:
42. Name: Jeff French on 2019-04-15 21:04:33
Comments: I fully support live music in Tiburon. Sam's is a perfect location to bring
members of the community together.
43. Name: Lou Commesso on 2019-04-15 21:07:06
Comments:
44. Name: tom neukranz on 2019-04-15 21:07:15
Comments: We want to do a lot of stuff; we're not in great shape. We didn't get a good
night's sleep. We're a little depressed. Sam's solves all these problems in one delightful
evening of family, music, good food and drink.
45. Name: John Jack on 2019-04-15 21:08:28
Comments: Live Music enriches the soul!
46. Name: Teri Jacks on 2019-04-15 21:15:44
Comments: Live music at Sam's bridges generations and bonds our community!
47. Name: Jeff Snyder on 2019-04-15 21:20:14
Comments: Tiburon and,especially, downtown needs this and will benefit
48. Name: Joe Hart on 2019-04-15 21:26:57
Comments:
49. Name: Suzy Banerjee on 2019-04-15 21:28:03
Comments:
50. Name: Brittany Datuch on 2019-04-15 21:36:10
Comments:
51. Name: Jack Herr on 2019-04-15 21:36:33
Comments:
52. Name: Susan Bowes on 2019-04-15 21:36:35
Comments: Live music will help to keep Tiburon from slipping into a lifeless ghost town.
53. Name: Kimberly Brooks on 2019-04-15 21:41:05
Comments: It would be so wonderful to have live music in Tiburon again! (I still miss Mr
Q's;) And, the hours in which Sam's has requested to have live music are more than
reasonable!
Page 6 of 24
54. Name: Laurie Kristy on 2019-04-15 21:45:13
Comments:
55. Name: Shonn Dougherty on 2019-04-15 21:46:52
Comments:
56. Name: Renee Fitzgerald on 2019-04-15 21:47:11
Comments:
57. Name: Braden Badger on 2019-04-15 21:50:38
Comments:
58. Name: Michael Hlebasko on 2019-04-15 21:51:14
Comments: Having live music in Downtown Tiburon would make it an even more
wonderful place to spend a Friday and Saturday evening. I have many fond memories
from Friday Nights on main, and allowing Sam's to have live music would expand the fun
on many other nights!
59. Name: Elaine Nolan on 2019-04-15 21:51:39
Comments:
60. Name: Ari Klionsky on 2019-04-15 21:54:41
Comments: Bring music to Tiburon!!
61. Name: Andrea W Thompson on 2019-04-15 21:55:31
Comments: Bring music to Sam's! The town needs more activities and this will be the
best!
62. Name: Lisa grinnell on 2019-04-15 22:01:16
Comments: Love sam's and love the Flaherty family!!
63. Name: Stephen Lyle on 2019-04-15 22:03:39
Comments:
64. Name: Ann Swart on 2019-04-15 22:14:40
Comments:
65. Name: Ned Klingelhofer on 2019-04-15 22:18:04
Comments:
66. Name: Sydney Joyner on 2019-04-15 22:23:06
Page 7 of 24
Comments: Keep the music alive on Sam's deck throughout the year!
67. Name: Sander French on 2019-04-15 22:23:21
Comments:
68. Name: King Michael on 2019-04-15 22:31:40
Comments:
69. Name: James Tate on 2019-04-15 22:32:11
Comments: The town needs this at its heart. What would Sam's be without live music!?
70. Name: THOMAS M COOPER on 2019-04-15 22:33:27
Comments:
71. Name: Joe Compagno on 2019-04-15 22:34:01
Comments:
72. Name: Tyler Jacks on 2019-04-15 22:38:59
Comments:
73. Name: Jake Johnson on 2019-04-15 22:43:26
Comments:
74. Name: Ian Solomon on 2019-04-15 22:46:24
Comments:
75. Name: Audrey on 2019-04-15 22:47:00
Comments:
76. Name: Noelle Stewart on 2019-04-15 22:47:09
Comments: Love Sam's and the live music!!
77. Name: Audrey on 2019-04-15 22:47:30
Comments:
78. Name: Anthony Lupo on 2019-04-15 22:47:38
Comments: Need it
79. Name: Brittany Ward on 2019-04-15 22:47:52
Comments:
80. Name: Blake M on 2019-04-15 22:48:14
Page 8 of 24
Comments:
81. Name: Greg Ramsey on 2019-04-15 22:49:04
Comments:
82. Name: Mimi Breck on 2019-04-15 22:49:55
Comments:
83. Name: Mitch Thompson on 2019-04-15 22:49:56
Comments: The town (and its residents) would really benefit from activities like this.
84. Name: sewn dougherty on 2019-04-15 22:50:29
Comments: Music and Venues with it are a huge part of what make Tiburon great!
85. Name: Tori on 2019-04-15 22:51:33
Comments:
86. Name: Alexandra Ruiz on 2019-04-15 22:52:53
Comments:
87. Name: Jill Kantola on 2019-04-15 22:55:51
Comments:
88. Name: Joel Davis on 2019-04-15 22:59:36
Comments: Keep Tiburon Open
89. Name: Brandon Pimentel on 2019-04-15 22:59:44
Comments: The community needs this
90. Name: Jeff Finegold on 2019-04-15 23:01:22
Comments: We support Live music @ Sams
91. Name: Angelina Elhassan on 2019-04-15 23:02:37
Comments:
92. Name: Rae Lloyd-Lever on 2019-04-15 23:07:57
Comments:
93. Name: Michael Nicholson on 2019-04-15 23:12:46
Comments: Keep Sams - Sams!
94. Name: Arlington McCrum on 2019-04-15 23:13:32
Page 9 of 24
Comments:
95. Name: Dante Selvitella on 2019-04-15 23:17:51
Comments:
96. Name: Tom Geffert on 2019-04-15 23:18:16
Comments:
97. Name: Katie on 2019-04-15 23:18:45
Comments:
98. Name: Liza Petrova on 2019-04-15 23:20:29
Comments: Sam's is a perfect venue for live music!
99. Name: Adam Hemberger on 2019-04-15 23:23:05
Comments:
100. Name: Dana Hemberger on 2019-04-15 23:23:29
Comments:
101. Name: Brinley Ducharme on 2019-04-15 23:25:26
Comments:
102. Name: Lena Lionetti on 2019-04-15 23:25:41
Comments:
103. Name: Heather on 2019-04-15 23:27:48
Comments: MUSIC!!!!
104. Name: Kalah Espinoza on 2019-04-15 23:28:27
Comments:
105. Name: Will Cliff on 2019-04-15 23:29:47
Comments:
106. Name: Danni Hemberger on 2019-04-15 23:30:26
Comments.-
107.
omments:107. Name: Darren Kuiper on 2019-04-15 23:34:09
Comments:
108. Name: Caroline Dooley on 2019-04-15 23:34:34
Page 1 of 24
Comments:
109. Name: Matthew Lucas on 2019-04-15 23:46:34
Comments:
110. Name: Steve Kantola on 2019-04-16 00:15:44
Comments:
111. Name: J Rick Cusick on 2019-04-16 00:20:02
Comments: Live music at Sam's will provide a nice traffic draw and rejuvenate Main
Street.
112. Name: John Hoffman on 2019-04-16 00:25:11
Comments: Let's make Tiburon great again! This is just the first step in bringing vibrancy
back to downtown - a huge plus for the community and its merchants.
113. Name: Drew Jacks on 2019-04-16 00:31:33
Comments:
114. Name: Bart Pickett on 2019-04-16 00:46:42
Comments: Let Sams live!
115. Name: Eyasu Felleke on 2019-04-16 00:51:12
Comments:
116. Name: Alexandra Galloway on 2019-04-16 00:54:16
Comments:
117. Name: Jim Robertson on 2019-04-16 00:55:08
Comments:
118. Name: Liz Canady on 2019-04-16 01:09:26
Comments: We fully support Sam's and live music!
119. Name: Mike Canady on 2019-04-16 01:12:48
Comments: Yes to Sam's & Music!
120. Name: Saleh ElHattab on 2019-04-16 01:24:52
Comments: I love Sam's and have often thought that live music would be the final cherry
on top of a perfect waterfront venue.
121. Name: Tracey Gross Cominos on 2019-04-16 01:28:34
Page 11 of 24
Comments:
122. Name: Arsalan Barmand on 2019-04-16 01:29:31
Comments:
123. Name: Blakely Hull on 2019-04-16 01:37:17
Comments:
124. Name: Robin Anderson on 2019-04-16 01:46:05
Comments:
125. Name: Rachael on 2019-04-16 01:47:23
Comments:
126. Name: Matt Turley on 2019-04-16 01:54:37
Comments:
127. Name: Sheila Meagher on 2019-04-16 02:03:24
Comments:
128. Name: Paul Yroz on 2019-04-16 02:07:06
Comments: Live music will only enhance the downtown experience on Main Street and
make it a fun destination.
129. Name: Lil Leeroy on 2019-04-16 02:16:53
Comments: I am all for it. This will bring energy to Main Street and make it a lot of fun.
130. Name: Karen Plastiras on 2019-04-16 02:17:31
Comments: This town needs some
Energy if it is going to survive. Help
The business owners and add fun for the residents
131. Name: Susan Parker on 2019-04-16 02:19:49
Comments: Let Sam's bring some life back to Tiburon! Live music is great!
132. Name: Erik Fischer on 2019-04-16 02:21:32
Comments.-
133.
omments:133. Name: Steven Thompson on 2019-04-16 02:21:44
Comments: Live music would be an important addition to improving and enhancing
Tiburon's town and making it a place residents and the community of those who live in
Tiburon can enjoy. Kinda reminds me of the movie, "Footloose," when a minority of
folks in town wanted to ban dancing... and then realized it was a positive force in the
Page 12 of 24
community!
134. Name: Brandon Geraldo on 2019-04-16 02:22:00
Comments: Let's support local Bay Area musicians!
135. Name: Kim Barron on 2019-04-16 02:50:46
Comments:
136. Name: Ashley david on 2019-04-16 02:56:20
Comments: Yes please!!
137. Name: Diane Kopjanski on 2019-04-16 03:01:39
Comments:
138. Name: James Halm on 2019-04-16 03:16:35
Comments:
139. Name: Adriene Coffey on 2019-04-16 03:28:07
Comments:
140. Name: Rachel Thompson on 2019-04-16 03:38:41
Comments:
141. Name: Dan Mihalovich on 2019-04-16 03:48:55
Comments: Live music: Great therapy, folks!! Let's do this!! Everyone *needs* music in
their lives. Kudos to Conor/Sam's for adding culture to the Town, open arms to local
musicians and spicing up our weekend fun. Rally round *our* Sam's!!
142. Name: Megan Pirsch on 2019-04-16 03:51:34
Comments:
143. Name: Jordan Warren on 2019-04-16 03:58:04
Comments.-
144.
omments:144. Name: Cheryl Lucanegro on 2019-04-16 04:09:46
Comments: Yes - live music on the Deck
145. Name: Carolyn Ware on 2019-04-16 04:50:15
Comments: Live music is very important to keeping the community vibrant. Very
reasonable and respectful hours. Please approve live music at Sam's!
146. Name: Spencer Homich on 2019-04-16 05:01:49
Page 13 of 24
Comments:
147. Name: Elona Baum on 2019-04-16 05:18:20
Comments:
148. Name: Memo ONeill on 2019-04-16 05:19:41
Comments: Good Luck. You need Music with Budweiser
149. Name: Leslie barry on 2019-04-16 05:34:24
Comments:
150. Name: Leslie barry on 2019-04-16 05:35:12
Comments:
151. Name: Jake Kristy on 2019-04-16 05:57:18
Comments:
152. Name: Marion Firzgerald on 2019-04-16 06:00:21
Comments: Let's bring a dying downtown alive.
153. Name: Barry Kanel on 2019-04-16 06:02:41
Comments:
154. Name: Talia Stone on 2019-04-16 06:10:27
Comments:
155. Name: Jonathan Shames on 2019-04-16 06:11:25
Comments:
156. Name: Katelan Olmstead on 2019-04-16 06:23:54
Comments:
157. Name: Cindy Daifotis on 2019-04-16 06:31:24
Comments:
158. Name: Pam Hamamoto on 2019-04-16 06:57:28
Comments: Yes! Tiburon needs LIVE MUSIC!
159. Name: Bill Price on 2019-04-16 09:40:01
Comments: It would be great to have live music at Sam's, and bring some business to
Main Street
Page 14 of 24
160. Name: Jeff Sloan on 2019-04-16 13:03:11
Comments: Yes, bring live music back!
161. Name: Sean McCormick on 2019-04-16 13:12:27
Comments: Music on the Bay? Count me in!
162. Name: Woody von Lackum on 2019-04-16 13:28:14
Comments:
163. Name: Eric Griffen on 2019-04-16 13:33:16
Comments:
164. Name: ROB ARRICK on 2019-04-16 13:36:00
Comments:
165. Name: Madi Williams on 2019-04-16 14:25:18
Comments:
166. Name: John Trotter on 2019-04-16 14:29:20
Comments: The live music at Sam's bridges generations, gives Tiburon a sense of
community and enriches and brings business to downtown Tiburon.
167. Name: Lauren Jacobi on 2019-04-16 14:43:26
Comments: Live musiiiiiccc, please!
168. Name: Henry wagner on 2019-04-16 14:58:30
Comments:
169. Name: Teresa Chaffee on 2019-04-16 15:07:50
Comments:
170. Name: John Romeka on 2019-04-16 15:11:07
Comments:
171. Name: Michele Sine on 2019-04-16 15:23:26
Comments:
172. Name: Rocio Rascon on 2019-04-16 15:23:46
Comments:
173. Name: John Kniesche on 2019-04-16 15:30:24
Comments:
Page 15 of 24
174. Name: Julie Piskin on 2019-04-16 15:38:55
Comments:
175. Name: Sandi Thornton on 2019-04-16 15:40:16
Comments: Great band! YES!!
176. Name: Dion Cominos on 2019-04-16 15:49:58
Comments: Very modest proposal that respects the surrounding neighbors while bringing
the enjoyment of music to the community. Thank you for your consideration.
177. Name: Gaby Federal on 2019-04-16 16:32:25
Comments: We would love some "Life" back in Tiburon. Music at Sam's would be
wonderful!
178. Name: Ferguson Ryan on 2019-04-16 16:59:33
Comments: Music at Sam's- What a great addition to the neighborhood!!
179. Name: Steve Sears on 2019-04-16 17:01:06
Comments:
180. Name: nicole C Trotter on 2019-04-16 17:08:03
Comments:
181. Name: Michelle McDonald on 2019-04-16 17:11:29
Comments: Music at Sam's would be fun!!
182. Name: Peter Brooks on 2019-04-16 17:16:08
Comments: A little 'Live' music might liven up a town that's moved from 'sleepy' to
'catatonic'. I remember when there were five bars with music evey night. You only heard it
if you were out on your deck and and listened for it. It won't disturb the sensitivities of
those living behind double pane windows...
183. Name: Wes Mayne on 2019-04-16 17:21:21
Comments: Back in the 20th Century, Tiburon had several live music venues and it made
the town a fun destination.
Thanks to "the powers that be" most of that disappeared. Spm is hardly going to keep
folks up at night!
184. Name: Ben Vick on 2019-04-16 17:23:24
Comments.-
185.
omments:185. Name: Mackenzie Evans on 2019-04-16 17:23:58
Page 16 of 24
Comments:
186. Name: Jennifer on 2019-04-16 17:24:22
Comments: This would be a fantastic add on.
187. Name: Tyler Walker on 2019-04-16 17:26:41
Comments: The live music will be a great complement to the atmosphere at Sam's and
fully endorse it.
188. Name: Keith McDonald on 2019-04-16 17:29:36
Comments: YES PLEASE let's some good entertainment at Sam's!
189. Name: Marianne Fives on 2019-04-16 17:37:26
Comments: Live music would be a great addition to downtown Tiburon!
190. Name: Ryan Morita on 2019-04-16 17:50:40
Comments: Live music would be a great complement to the atmosphere at Sam's!
191. Name: Marc Lieberman on 2019-04-16 17:52:23
Comments:
192. Name: Derek DeBlois on 2019-04-16 17:53:59
Comments: Please allow live music at Sam's! We need it
193. Name: Greg Barnes on 2019-04-16 17:57:56
Comments: Please allow live music at Sams! Met my wife there 24 years ago. Would
love to have a reason to come back again and again.
194. Name: Wesley Renzas on 2019-04-16 17:59:09
Comments: Please allow live music
195. Name: Domenic Hjerpe on 2019-04-16 18:09:01
Comments: Live music will be a great addition to Sam's!
196. Name: Emerson Simon on 2019-04-16 18:15:41
Comments: Sam's is an institution in the Bay Area. The tradition and legacy need to be
preserved. Besides, where else can you go in Tiburon to enjoy the waterfront with your
friends and/or colleagues.
197. Name: Abby Hoffman on 2019-04-16 18:18:24
Comments:
Page 17 of 24
198. Name: Ricki Kohn on 2019-04-16 18:25:45
Comments: Yes, we need live music at Sam's.
199. Name: Julie C Doherty on 2019-04-16 18:27:21
Comments:
200. Name: Donald Simon on 2019-04-16 18:33:09
Comments:
201. Name: Candida Hoeberichts on 2019-04-16 18:35:01
Comments:
202. Name: Nick Ondrejka on 2019-04-16 18:36:54
Comments:
203. Name: Mel Chappell on 2019-04-16 18:40:10
Comments:
204. Name: Katy Boyd on 2019-04-16 18:50:07
Comments: Love the music at Sam's! Keep it going!!!!!
205. Name: Grace Moran on 2019-04-16 18:51:31
Comments:
206. Name: Michelle Doty on 2019-04-16 18:59:38
Comments:
207. Name: Michael De Nittro on 2019-04-16 19:04:42
Comments: Sam's has been a great steward of the community for almost 100 years.
They have been playing outdoor music for many years and have shown their stewardship
by voluntarily seeking approval from the Town of Tiburon for an already existing outdoor
use. Living music and entertainment is critical to the revitalization of Downtown Tiburon.
208. Name: Andrew Bock on 2019-04-16 19:10:43
Comments:
209. Name: Maureen Capitolo on 2019-04-16 19:14:26
Comments:
210. Name: Lizzie Perry on 2019-04-16 19:16:50
Comments:
Page 18 of 24
211. Name: Anderson Pugash on 2019-04-16 19:26:22
Comments: We need live music on the deck. Keep fun alive in Tiburon!
212. Name: Sean Ricucci on 2019-04-16 19:30:12
Comments:
213. Name: Carl Cox on 2019-04-16 19:48:38
Comments: Conor grew up in Tiburon and understands the needs of the community and
business in downtown Tiburon. The music would've a plus for the area and he will follow
the guidelines set by city council.
214. Name: Catherine Pastuhov on 2019-04-16 19:49:48
Comments:
215. Name: Lance Granum on 2019-04-16 20:07:32
Comments: Live music
216. Name: Mattie Stone on 2019-04-16 20:16:20
Comments:
217. Name: Jami Hooker on 2019-04-16 20:18:10
Comments:
218. Name: Elaine Gebhard on 2019-04-16 20:33:10
Comments:
219. Name: Henry Rudd on 2019-04-16 20:41:44
Comments: The live music is a big hit!
220. Name: Melanie Pena on 2019-04-16 20:41:59
Comments: Music at Sam's will bring more people to Tiburon resulting in more revenue
for the town.
221. Name: Collin Brady on 2019-04-16 20:57:54
Comments:
222. Name: Gene Krevets on 2019-04-16 21:11:48
Comments:
223. Name: Allie Cohen on 2019-04-16 21:11:53
Comments: Save the music.
Page 19 of 24
224. Name: Erik Bianchi on 2019-04-16 21:28:01
Comments:
225. Name: Gretchen Randles on 2019-04-16 21:29:38
Comments:
226. Name: Erik Randles on 2019-04-16 21:30:27
Comments:
227. Name: Hunt Wyman on 2019-04-16 21:30:55
Comments:
228. Name: Kevin Joseph on 2019-04-16 21:43:30
Comments: Tiburon needs more live music
229. Name: Jeffrey Davis on 2019-04-16 22:05:30
Comments:
230. Name: Leslie Sodaro on 2019-04-16 22:43:49
Comments:
231. Name: Coral Kisseberth on 2019-04-16 22:46:33
Comments:
232. Name: MJ Bluestein on 2019-04-16 22:46:42
Comments: Love live music-Tiburon needs this!
233. Name: Mary Cooney on 2019-04-16 22:53:02
Comments:
234. Name: Caroline Evans on 2019-04-16 22:53:26
Comments: I love Sam's! Would love to see live music there.
235. Name: Jeff Webb on 2019-04-16 22:57:22
Comments: YES to live music at Sam's!!
236. Name: Suzy Yroz on 2019-04-16 23:33:02
Comments: It's nice having some life in the evenings on Main. The music brings people
out and it's good for all businesses.
237. Name: Lynn Barr on 2019-04-16 23:35:33
Comments: Live Music at Sams would be so much fun!
Page 20 of 24
238. Name: Kelly Borden on 2019-04-16 23:39:35
Comments:
239. Name: Alex Corsini on 2019-04-16 23:39:56
Comments: This should've happened years ago!
240. Name: Andrew Mackay on 2019-04-16 23:44:30
Comments:
241. Name: Mary Patocchi on 2019-04-16 23:48:52
Comments:
242. Name: Mark Simms on 2019-04-16 23:57:32
Comments:
243. Name: James Nutter on 2019-04-17 00:08:16
Comments:
244. Name: David Wilsak on 2019-04-17 00:26:06
Comments:
245. Name: Teresa Bourke on 2019-04-17 00:49:26
Comments: Sounds like a fun idea
246. Name: RJ Sink on 2019-04-17 01:01:52
Comments:
247. Name: Courtney Rudnick on 2019-04-17 01:24:35
Comments: Yes! Music, plez
248. Name: Carolyn Patrick on 2019-04-17 01:26:44
Comments: Yes!!
249. Name: Natasha Damner on 2019-04-17 01:48:23
Comments:
250. Name: Jamie M deLuccia on 2019-04-17 02:01:37
Comments:
251. Name: Paul Moran on 2019-04-17 02:31:30
Comments:
Page 21 of 24
252. Name: Isabelle McDonnell on 2019-04-17 02:49:29
Comments:
253. Name: Bobby Lam on 2019-04-17 04:00:39
Comments.-
254.
omments:254. Name: Sloan Klein on 2019-04-17 04:13:10
Comments: Live music would be a great addition to Sam's. It reminds me of how popular
and fun the jazz nights on Main are in the summer!
255. Name: Tina Jain on 2019-04-17 04:14:08
Comments: I give my full support to making Tiburon a more lively place!
256. Name: Lisa Blair on 2019-04-17 04:31:23
Comments:
257. Name: Christopher Kress on 2019-04-17 04:37:24
Comments:
258. Name: Sean lowry on 2019-04-17 04:43:18
Comments.-
259.
omments:259. Name: Benny on 2019-04-17 04:44:23
Comments- :)
260. Name: Joey Potts on 2019-04-17 04:47:03
Comments.-
261.
omments:261. Name: Katharine simon on 2019-04-17 04:49:36
Comments: Yers please to live music!
262. Name: Camille Bosworth Chong on 2019-04-17 04:57:20
Comments:
263. Name: Annie Connors on 2019-04-17 05:07:54
Comments:
264. Name: Denise on 2019-04-17 05:34:52
Comments:
265. Name: Lydia Connelly on 2019-04-17 06:12:02
Page 22 of 24
Comments:
266. Name: Campbell Belden on 2019-04-17 07:42:53
Comments:
267. Name: Bradley Yarger on 2019-04-17 13:41:05
Comments: Cmon, man.
268. Name: Catherine Farrell on 2019-04-17 14:33:43
Comments:
269. Name: Kyle miller on 2019-04-17 14:55:24
Comments:
270. Name: Gilda Harger on 2019-04-17 15:27:12
Comments:
271. Name: Chandra Ramirez on 2019-04-17 15:29:08
Comments:
272. Name: Lisa Magnuson on 2019-04-17 16:10:27
Comments:
273. Name: Scuyler lindgren on 2019-04-17 16:46:31
Comments:
274. Name: Quentin Yroz on 2019-04-17 17:10:09
Comments:
275. Name: Branden Moll on 2019-04-17 17:59:24
Comments:
276. Name: Ryan Lynch on 2019-04-17 18:31:29
Comments: Good times for all!
277. Name: Heather Johnson on 2019-04-17 18:44:28
Comments:
278. Name: Julianne Tantum on 2019-04-17 18:47:17
Comments:
279. Name: Lena Kristy on 2019-04-17 18:49:54
Pace 23 of 24
Comments:
280. Name: david sawyer on 2019-04-17 18:50:16
Comments:
281. Name: Virginia Goss Tusher on 2019-04-17 18:58:12
Comments:
Page 24 of 24
y ' TOWN OF TIBIJRON Town Council Mectin
/ l
1505 Tiburon Boulevard April 17,2019
` Tiburon,CA 94920 Agenda Item: hH-1
n
STAFF REPORT
To: Mayor and Members of the Town Council
From: Community Development Department
Subject: 27 Main Street: Appeal of Conditional Use Permit approval to Provide
Outdoor Live Music on an Existing Deck for an Existing Restaurant
(Sam's Anchor Cafe); Main Street Tiburon, LLC, Owner; Steve and
Meryl Wisenbaker, Appellants; File Nos. CUP2018-008; Assessor Parcel
No. 059-151-35
s=
Reviewed
By:
Greg Chanis,Town Manager Benjamin Stock,Town Attorney
SUMMARY
Council is considering an appeal of the Planning Commission's approval of a Conditional Use Permit
related to live music at 27 Main Street(Sam's Anchor Cafe)
RECOMMENDED ACTIONS)
Staff recommends the Town Council hold a public hearing and take testimony on the appeal in
accordance with the Town's adopted procedure, close the public hearing, deliberate and consider
adopting one of the following options:
I) Deny the appeal, upholding the approval made by the Planning Commission and
direct Staff to return with an appropriate resolution for consideration of adoption at the next
meeting.
2) Grant the appeal, denying the application, and direct Staff to return with an appropriate
resolution for consideration of adoption at the next meeting
3) Partially grant the appeal by making revisions or adding conditions to the Planning
Commission's approval. and direct Staff to return with an appropriate resolution 1'or
consideration of adoption at the next meeting
4) Alternatively, remand the item to the Planning Commission with specific direction
regarding any aspect of the project needing further review and deliberation. The
Commission's decision on remand would again be appealable to the Council.
TOWN OF TIBURON PAGE 1 OF 11
April 17,2019
PROJECT DATA
Address: 27 Main Street
Owner: Main Street Tiburon, LLC
Applicant: Sam's Anchor Cafe
Appellants: Steve and Meryl Wisenbaker(322 Beach Road)
Assessor's Parcel: 059-151-35
File Numbers: CUP2018-008
Zoning: VC (Village Commercial)
General Plan: VC (Village Commercial)
Currently Allowed use: Full Service Restaurant/Bar
Flood Zone: VC- Special Flood Hazard Area
SUMMARY
On January 23, 2019, the Planning Commission voted 3-0 to conditionally approve a Conditional
Use Permit (`CUP") application to provide outdoor live music on an existing deck for an existing
restaurant (Sam's Anchor Cafe) located at 27 Main Street in Downtown Tiburon.
The Planning Commission determined that the subject CUP was consistent with the relevant
General Plan goals and policies, along with the Zoning Ordinance provisions regarding findings for
approval of conditional use permits. The Commission determined that this was acceptable use for
the downtown area and would provide vitality while maintaining the quiet place for adjacent
residential neighborhoods. They determined that the proposed limited outdoor music would not
result in substantial noise impacts on the nearby residents and surrounding properties
The owners of the property at 322 Beach Road, Belvedere, Steve and Meryl Wisenbaker(hereafter
referred to as "appellants"), have filed a timely appeal of the Commission's decision. The appeal
is attached Exhibit 1.
PROJECT DESCRIPTION
The Planning Commission has conditionally approved the subject CUP to provide outdoor live
music on an existing deck located in the rear of an existing restaurant, located at 27 Main Street.
The property has operated as a restaurant and bar since the 1920's. This restaurant currently
provides indoor and outdoor dining services seven days a week. Historically, Sam's has provided
indoor and outdoor music for their patrons at various times throughout the decades. Most recently..
the owner obtained from the "I own several special event permits allowing outdoor music. Rather
than rely on special event permits for outdoor music, the proposal is to permit live music on the
exterior deck limited to Sunday through Thursday, 11:30 AM to 8 PM and Friday to Saturday,
1 1:30 AM to 9 PM. No other use or structural modifications are proposed in terms of hours of
operations for food and bar services. access, staffing, tables, exterior lighting or location of bars
and service stations.
TOWN OF TIBURON PAGE 2 OF 11
April 17,2019
In addition, the Design Review Board approved a Site Plan and Architectural Review application
(DR2018-092) on September 6, 2018 to replace existing windows with new sliding glass doors in
the east banquet room on the rear elevation of the building to provide an indoor/outdoor feel for the
patrons in this part of the restaurant.
REVIEW BY THE PLANNING COMMISSION
The Planning Commission held a hearing on the CUP application on January 23. 2019. The staff
report and minutes of this meeting is attached as Exhibit 4 and 5. A brief summary is as follows:
Planning Commission meeting of January 23, 2019
The Planning Commission reviewed the subject application at their January 23, 2019 meeting. At
this meeting, several residents expressed their support while other residents expressed their
opposition to the outdoor music on the deck. The opposition raised concerns about the noise from
the outdoor music that potentially could occur seven days a week, while those supporting the
proposal referenced the desire to maintain economic vitality of the downtown area, which they
believed would be fostered by allowing outdoor music. During the meeting, Charles Salter, an
acoustics consultant was present and answered questions/concerns from the Commission regarding
noise. Several individuals referenced specific instances when they heard music fl-0111 the downtown
area, but in response to follow up questions from Commissioners, could not provide the exact source
of the noise, or which commercial business was creating the noise impact.
The Planning Commission reviewed the information from the applicant and residents and
determined that the CUP application would not set a precedent as each application would be
reviewed individually and agreed on a condition for a review period within six month and added
language at the end of the condition regarding a sound study if needed. The revised Condition #7
of the Planning Commission Resolution 2019-02 states, "This conditional use permit shall be
revieived by the Planning Commission at a public hearing in approximately 180 days,from the date
of the final approval period. The Planning Commission following the public hearing, shall have
the alahority to add or modify conditions of approval or revoke the permit if deemed warranted or
deternzine if a sound study shall be required."
The Commission voted 3-0 (Commissioner Amir and Defever were absent) to adopt Resolution
No. 2019-02 (Exhibit 3) conditionally approving the CUP application. On February 4, 2019, the
appellants filed a timely appeal of this decision.
Staff initiated meeting to discuss the appeal
Staff the appellants, and the owner of Sam's Anchor cafe met on April 10, 2019 at Town I-fall for
a meeting to discuss the appeal. A formal agreement was not reached; however. various options
were discussed, and both parties indicated that the meeting was useful.
TOWN OF TzBURON PAGE 3 OF 11
April 17,2019
CONDITIONAL USE PERMIT
Section 16-52.040 (B) of the Zoning Ordinance establishes the purposes of conditional use permit
review. These include:
1. Determining whether the location proposed for the conditional use is properly related to
the development of the neighborhood or vicinity as a whole;
Staff Comment: The proposed use would allow limited outdoor music on an existing deck
for an existing restaurant. The existing restaurant is surrounded by other commercial
businesses on Main Street in downtown Tiburon. There are other restaurants in the close
vicinity that also provide music.
2 Determining whether the location proposed for the particular conditional use would be
reasonably compatible with the types of uses normally permitted in the surrounding area;
Staff Comment: The surrounding area is zoned Village Commercial and there are a variety
of commercial businesses. The proposed use would be compatible with the surrounding
areas especially with the other restaurants on Main Street and Ark Row.
3. Evaluating whether or not adequate facilities and services required.for such use exist or
can be provided;
Staff Comment: Other restaurants on Main Street have indoor music, but 5 Main Street and
Tiburon Tavern both have outdoor music. In addition,there are different outdoor events in
the Downtown area that have outdoor music for residents and tourist to enjoy.
4. Stipulating such conditions and requirements as would reasonably assure that the basic
purposes of this Zoning Ordinance and the objectives of the General Plan would be served;
and
StafTConuuent: There is an expectation that the proposed use would comply with Tiburon
Zoning Ordinance and General Plan and if there is evidence of noncompliance, the Town
can decide whether additional conditions are necessary upon the 6 months review with the
PlanninL, Commission.
5. Determining whether the Town is adequately served by similar uses presently existing or
recently approved by the Town.
Staff Comment: As mentioned above,there are many restaurants on Main Street and on Ark
Row. Many of them have outdoor seating and provide indoor music occasional. Two
restaurants in downtown have outdoor music: 5 Main Street will have speakers for ambient
music on the two outdoor decks and Tiburon Tavern was approved for outdoor music on an
existing patio area.
Staff concludes that the project,as conditioned,would conform to and would further these purposes.
Additionally, Section 16-52.040 (D) of the Tiburon Zoning Ordinance lists the following factors to
be considered in determining whether or not any conditional use should be permitted in a specific
location:
TOWN OF TIBURON PAGE 4 OF 11
April 17,2019
1. The relationship of the location proposed to the service or market area of the use or facility
proposed; transportation, utilities, and other.facilities required to serve it; and other uses
of land in the vicinity.
Staff Comment: The proposal is to formally limit outdoor music for an existing restaurant.
This use would continue to be compatible with other retail and services uses in the
Downtown area.
2. The compatibility of the design, location, size, and operating characteristics with the
existing and future land uses in the vicinity.
Staff Comment: There are no modifications to the location and size characteristics of the
existing restaurant. The operating characteristics of the proposed use would be similar- to
the prior use with outdoor music on the deck. As mentioned before, the restaurant has been
there since the 1920's and there has been a time when music was provided at a variety of
restaurants and bars for patrons to enjoy throughout the downtown area.
3. The probability of impairment to the architectural integrity and character of the zoning
district in which it is to be located.
Staff Comment: No modifications to the existing structure are proposed with this use
permit; therefore, the building would continue to be consistent with the other buildings in
downtown.
4. The protection of the public interest, health, safety, convenience, or ivelfare of the Town, or
any probability of injury to property or improvements in the vicinity and zoning district in
which the real property is located.
Staff Comment: Formalizing the use would improve the convenience of commercial
services that serve residents and tourists in the downtown and would continue to be
compatible with surrounding uses. There is an expectation that the CUP will comply with
the Tiburon General Plan, specifically with the noise element.
5. The need of the community for additional numbers of such uses, paying particular heed to
Whether the neighborhood or vicinity is already adequately served by similar uses.
Staff Comment: The need for restaurants with vitality is expressed in both the Downtown
Element of the Tiburon General Plan and the Downtown Tiburon Design Handbook.
Formalizing the use allows for enhanced activity in downtown.
6. The contribution that the proposed use would make to sustaining and improving the
economic vitality and vibrancy of Tiburon, including encouraging resident-serving or
tourist-serving uses in appropriate areas and arses that promote pedeshrian activity.
Staff Comment: The proposed use is desired by the Town as it would contribute to the
economic vitality and vibrancy of the downtown area. The use would serve both residents
and tourist and promote activity on Main Street.
TOWN OF TIBURON PAGE 5 OF 11
April 17,2019
BASIS FOR THE APPEAL
There are six (6) grounds upon which the appeal (Exhibit 1) is based:
Ground #1: The appellants did not receive a notice from the Town
Siaff'Response:
Per the Tiburon Zoning Code, Section 16-52.040, Conditional Use Permit application must be
noticed for a public hearing with the Planning Commission. A notice must comply with the
Government Code Section 65091, which explains that a public hearing notice must be advertised
in a local newspaper and mailed and delivered 10 days to all properly owners on the assessors roll
within 300 feet. The Town sent the notice to the At-]< Newspaper on December 19, 2018, to be
published in the January 2, 2019 edition. The noticed was mailed to all property owners within 300
feet of the subject property. The appellants did not receive a notice as their property on Beach Road
in Belvedere is significantly more than 300 feet from the property at 27 Main Street.
Ground #2: The appellants request for a continuance was not honored by the Town.
Staff Response:
The appellants and other residents provided letters to the Planning Commission for the January 23,
2019 hearing. These letters were received on January 22,2019 and.January 23,2019 and considered
late mail, and staff sent the letters to the Commission for their review prior to the hearing. The
appellants and the other residents were allowed 3 minutes each for public comment during the
hearing. The Planning Commission noted all mail and public comment and were able to deliberate
and make decision at the January 23, 2019 hearing with all the evidence and information. The
Planning Commission decided it was not necessary to continue the item to another date as there
was enough information for the Commission to make a decision on the application. The minutes
fi-om the Planning Commission are attached as Exhibit 5.
Ground #3: The Conditional Use Permit is not consistent with the Tiburon General Plan
Sicff'Response:
As noted in the Planning Commission staff report (Exhibit 4), staff presented evidence that the
application for outdoor music would be consistent with the General Plan. As noted below, the
outdoor music request for the existing restaurant would continue to follow the designated village
commercial that would serve the residents and tourist in the downtown arca.
General Plan Policies
The subject site is designated Village Commercial (VC), "hich typically allows resident-serving
commercial and office uses, tourist-oriented uses, and mixed (commercial/residential or
oitice/residential) uses. The following goals, policies, and programs of the Tiburon General Plan
are germane to the review of this application:
TOWN OF TIBURON PAGE 6 OF 11
April 17,2019
Goal LU D: To ensure that all land uses, by type, amount. design, and arrangement, serve to
preserve, protect, and enhance the small-town residential image of the
community and the village-like character of its Downtown commercial area.
Policy LU-1: The Town shall provide for sufficient diversity of land uses such that public,
quasi-public, recreational and shopping facilities are conveniently located and
available to each resident of the community.
Policy LU-2: The Town shall limit the type and amount of uses within the Town to those that
are compatible with the nature, character and image of the Town as a quiet,
small-town residential community with a village-like commercial area.
Policy LU 23: The Town shall support a diversity of commercial uses to serve the shopping and
service needs of the community.
Policy DT-3: The Town shall actively promote the economic vitality of its Downtown.
Policy DT-5: The quality of residential neighborhoods within and adjacent to the Downtown
shall be preserved with regard to unreasonable noise, traffic, visual and other
impacts, with the understanding that such impacts are generated to a greater
extent in Downtown commercial areas than in exclusively residential areas.
Goal N-A To ensure that residential areas are quiet and that noise levels in public and
commercial areas remain within acceptable limits.
Goal N-B: To eliminate or reduce unnecessary, excessive and offensive noises from all
sources.
Policy N-6: Hours of use of recreation and commercial facilities should be regulated to
minimize offensive noise to ensure compatibility between such facilities and
nearby residential areas.
Policy N-9: New projects in Downtown shall, through site and building design and the use
of the best available building technology. minimize the potential noise conflicts
between commercial and residential uses, on mixed-use and adjacent residential
properties.
Staff concludes that the use limitation for outdoor music would be consistent with the goals and
policies of the Tiburon General Plan, including the Town's noise element. According to the Noise
Element, Table 7.2, the compatibility guidelines for noise and land use (Exhibit 7) for office
buildings, business, commercial and professional can be Normally Acceptable up to 70 decibels
and Conditionally Acceptable up to 80 decibels and this would comply with the General Plan goals
and policies, especially Goal N-A: "lo ensure that residential areas are quiet and lhal noise levels
in public and C017nnercial areas remain within acceptable linnils. " At the hearing, the
Commissioners did not question if the proposal would be inconsistent with the General Plan. There
is an expectation that the CUP would comply with the General Plan even with the seven days a
TOWN OF TIBURON PAGE 7 OF 11
April 17,2019
week proposal, and if there is evidence of noncompliance, the Town can decide whether additional
conditions are necessary upon the 6 months review.
Ground #4: The Town cannot enforce the noise level of the outdoor music.
Staff'Response:
As mentioned above, the Planning Commission approved the CUP for Sam's Anchor Cafe to
comply with the Tiburon General Plan and the Zoning Code. The CUP limits the allowance of
outdoor music at Sam's Anchor Cafe. The Commission listened to all the concerns from the public
and modified the resolution to add a condition that the CUP would come back to the Commission
for a review after 6 months from final approval. if there were complaints, concerns, questions, or
comments from the public, the application would cone back for a review by the Commission. This
would provide the opportunity for residents to express their concerns and the Commission would
have the right to modify, add, delete and/or revoke the CUP at that time.
The Planning Commission's conditions require that any outdoor music must comply with the
General Plan and Zoning Code. If there is substantial evidence of noncompliance through
complaints and/or staff investigations, Town staff could have the option to bring the application to
the Commission at an earlier time(before the 6-month period) for review.
Other potential enforcement would be for any party to call the Tiburon Police Department when
there are concerns of noise or call the restaurant and let the manager know that the music is too loud
and can be heard from the nearby residential neighborhoods.
Ground #5: The evidence from the applicant was not adequate that noise level would
comply with the Town standards.
Staff Response:
In 2015, the Planning Commission conditionally approved a Conditional Use Permit to install a
canopy on a portion of the exterior deck for Sam's Anchor Cafe. During that time, a noise study
by Charles M. Salter Associates was submitted and reviewed by the Commissioners. The study
included measurements fi-om two residential locations on Corinthian Island (over 300 feet away
from Sam's Anchor Cafe) and from Waters Edge Hotel. The study concluded that with proper
acoustical materials and eisenglass siding, the increased dining activity associated with the canopy
would not create a noise impact on the nearest residential properties and the adjacent hotel. The
exterior canopy was never built and the application has since expired.
As noise levels were previously analyzed, the applicant provided an updated letter(Exhibit 4)from
Charles M. Salter Associates which noted that the proposed project would not result in a significant
noise impact. As such, staff determined that no further noise analysis was required for this
application.
As mentioned above, Mr. Salter attended the Commission hearing on January 23, 2019 and stated
at the meeting that in his profession opinion, the outdoor music would not create an impact for
residents on Belvedere Island due to the fact of existing shielding and distance from the subject
property.
TOWN OF TIBURON PAGE 8 OF 11
April 17,2019
Ground #6: Granting the Conditional Use Permit would create a precedent for the
Downtown area
Staff Response:
Commissioner Corcoran stated that "the Commission looks at each application individually so he
was not concerned about this impacting a future application." And Chair Williams stated this
application was an "unique case where they have to look back at what was done before and future
instances". If another business wanted to request for outdoor music, the business would have to
submit for a Conditional Use Permit and go through the Town's regulatory process in Planning and
the application must be reviewed and approved by the Planning Commission. As mentioned in the
meeting, each application would have to be reviewed on a case by case basis and this application
does not create precedent for the Downtown area.
OPTIONS FOR TOWN COUNCIL REVIEW
Although the Planning Commission approved the project with conditions, the Town Council could
add,modify,or delete conditions of approval as part of the consideration of this appeal. Additionally,
the Town Council may ask for more information fi-om the applicant to further analyze the proposed
CUP should the Council have concerns about needing additional information. If the Town Council
would like to add new conditions to address potential concerns relating to noise, staff has identified
options below:
1) Speakers for outdoor music could be oriented facing towards the restaurant and not towards
the adjacent residential neighborhoods; specifically the neighborhoods on the west and south
side of the subject property.
2) The size and number of speakers could be limited.
3) Volume limiters could be required.
4) Outdoor music could be limited to certain days of the week.
5) Outdoor music could be limited to certain times in the day/evening.
6) Outdoor music could be limited to certain months in the year.
7) Outdoor music could be limited a certain number of days each year.
8) Expressly provide that the noise levels must comply with the limitations contained in the
General Plan for Commercial Uses.
FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the "Down.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is categorically exempt from the
requirements of the California Environmental Quality Act (CEQA).
TOWN OF TiBURON PAGE 9 OF 11
April 11,2019
On .January 23, 2019 the Planning Commission. as part of its review of the project and approval of
the use permit for an existing restaurant, deemed the project to be exempt from CEQA pursuant to
the Class l categorical exemptions set forth in CEQA Guidelines Sections 15301 (Existing
Facilities).
To the extent further analysis is required, staff recommends that the Town Council similarly
determine that with respect to the limited Conditional Use Permit approval at issue the Project is
exempt from CEQA pursuant to the same Class 1 categorical exemption, and that no exceptions to
the exemptions apply.
Class I Categorical Exemption ((-'EQA Guidelines 55 15301 —Existing Facilities)
The existing restaurant currently provides indoor music and this application would consist of
formally limiting live outdoor music on an existing deck for an existing restaurant. Furthermore,
there are no modifications/alterations to the existing structure.
Categorical Exemption Exceptions ((-'EQA Guidelines§15300.2)
Further, none of the exceptions listed in CEQA Guidelines Section 15300.2 apply. There is no
evidence that the Project will result in any adverse environmental impacts and the Project does not
involve any unusual circumstances. Although the project site is on the Tiburon's Local Historic
Inventor of Buildings in Downtown, no physical changes to the existing building are proposed with
this application. As such, the historic character of the building would be maintained. Indeed, the
proposed project would not significantly impact any environmental resource. In addition, there is
no evidence that any significant cumulative impacts would occur.
RECOMMENDATION
Staff recommends the Town Council conduct a public hearing on this matter, deliberate and then
consider adopting one of the following options:
I) Deny the appeal, upholding the approval made by the Planning Commission and direct
Staff to return with an appropriate resolution for consideration of adoption at the next
meetin(,.
2) Grant the appeal, denying the application, and direct Staffto return with an appropriate
resolution for consideration of adoption at the next meeting.
3) Partially grant the appeal by making revisions or adding conditions to the Planning
Commission approval, and direct Staff to return with an appropriate resolution for
consideration of adoption at the next meeting.
4) Alternatively. remand the item to the Planning Commission with specific direction
regarding any aspect ofthe project needing further review and deliberation. The Boards
decision on remand would again be appealable to the Council.
EXHIBITS
I. Notice of Appeal.
2. planning Commission action letter
3. Planning Commission Resolution 2019-02
DOWN OF TIBURON GAGE 10 OF 11
April 17,2019
4. Planning Commission staff report dated January 23, 2019 with attachments, including the
late mail is also included.
5. Minutes of the January 23, 2019 Planning Commission meeting.
6. Resolution 17-2010 Appeal procedures
7. General Plan Noise Element
8. Petition from City of Belvedere residents
9. City of Belvedere Letter dated April 11, 2019
TOWN OF TIBURON PAGE 11 OF 11
t '`✓f d } p q — �'i
°fix TOWN OF TI tJRON
I\�
y iq NOTICE E V1 APPEAL
1 E L
v; Town of Tiburon
1505 Tiburon Boulevard
Tiburon,CA 94920 Phone 415-435-7393
tiovm[otivnofiiburon otR
APPEL.LAN'I
IS
(Attach additional pages ifnecessaty)
Name: Steve Wisenbaker and Ivleryi ��'isenbaker
Mailing Address- PO Box 954, Belvedere, CA 94920
Telephone: 415.601.9215 (Work) 415 699.3399 (Home)
FAX and/or e-mail (optional):._ msebestO l aol.com and swisbk�bell.net
ACTION BEING APPEALED
Review Authority Whose Decision is Being Appealed: Tiburon Planning Commission
Date of Action or Decision Being Appealed: January 23, 2019
Name of Applicant: Sam's Main Street, LLC & Conor Flaherty
Type of Applicatioor Decision: Conditional Use Permit- File 9CUP2018-008 Allowing live music on
an existing decR for an existing restaurant ams Anchor CaM and approves operating conditions.
GROUNDS F®I2 APPEAL
,(Attach additional pages if necessary)
SEE ATTACHMENT
STAFF USE ONLY BELOW THIS LINE
Last Day to File Appeal: x ' .11 __ Date Appeal Filed:
Fee Paid: Receipt Receipt No. - Date of App eat Hearing: , EXHIBIT 1
_
NOTE: Current Filing Fee is 4,500 initial deposit for applicant and $300 flat fee for non-applicant
5:1-idniinistratiorllF'ormslNotice of Appeal foi n revised.3-9-2010.doc Hewed Warrh 2010
ATTACHMENT/GROUNDS FOR APPEAL
TOWN OFTl8URON
NOTICE QFAPPEAL-DATED JANUARY 4,I013
FILE#CUPZO1O-0OB'SAK8'SANCHOR CAFE
STEVE AND yNERYLVV|5ENBAKER,APpEuvNTS
_
No adeguate notice given to Belvedere residents potentially impacted by live, amplified
outdoor music played on a continual basis during the week and on weekends. Because there
wasn't adequate notice to Belvedere residents or its Planning Commission,there wasn't enough
time provided to allow affected residents to submit opinions to Tiburon's Planning Commission
on the lasting impact live, amplified, outdoor, music would potentially have on Belvedere
residents, aswell asthe impact unproperty values.
2. The request for a continuance submitted in writing, as well as vocalized at the January 23rd
hearing,_�yas not honored.
3. The CUP is inconsistent and does not adhe.rejo Tiburon's General Plan, including but not limited
to decibel (dB) limitations; Policy LU-2, Policy DT-5;Goal N-A&Goal N-B.
4. No method of enforcement is in olace. Webelieve there should bcappropriate penalties in
place for non-compliance and repeat offenses.
S. Evidence used by the Planning Dept.to form an opinion was inadeguate and flawed, i.e.:
° Exhibit 4—Charles M. Salter's"Noise Memo" dated 01/10/19 referencing a prior
written acoustic evaluation ("About 3 years ago...") concerning the sound impact of
apermanently installed outdoor canopy, specifically stated aspart ofthat
Application: "there shall be no amplified sound' public-address system, outdoor
speakers nrlive music nnany portion ofthe deck" Anacoustics study for the sole
purpose of determining sound impact on neighboring properties relating to tile
installation of a permanent outdoor canopy vs an acoustics study on the impact of
live, amplified,outdoor music on neighboring properties, including Belvedere Island,
issignificantly different, and warrants its own acoustics report.
* Exhibit 6—Email dated December 14, lO19from Dan K4cK4udhewebelieve iva
conflict of interest in that he is an investor in Sam's Anchor Caf6, and his home at
345 Golden Gate Avenue faces southwest, is not impacted by Sam's outdoor rylusic
and,therefore, cannot be representative of those whose home faces northeast with
adirect unobstructed line ufsight tuSam's across the Bay.
6. No precedent exists matchin CUP has
door music in downtown Tiburon 'uut,
bygranting this CUP,Tiburon will have created one.
,1 > >( !' 4115-435.2438
Rnvn o(Tiburon• 1505 Tiburon Boulward•"Iiburon,(e1)i);_0•I. El 5.x;5.7373 F. •www.rownofriburon.org �
NOTICE OF
PLANNING COMMISSION ACTION
Notice Date: January 28, 2019 J;m;Fraser
Mayor
Main Street Tiburon, LLC.
492 Washington Court Davia ZCul k
Tiburon, CA 94920 vice Mayor
Alice Fredericks
On January 23, 2019, the Tiburon Planning Commission took the following action on co: nczlmea�ber
your application:
Holli Tier
27 Main Street; File #CUP2018-008, Conditional Use Permit to Provide coun«ln,@vt�
Outdoor Live Music on an Existing deck for an Existing Restaurant (Sam's ""
Anchor Cafe); Main Street Tiburon,LLC, Owner/Applicant; Assessor's Jon wether
Councilmeinb
Parcel No. 059-151-35 er
(x) Found the project categorically exempt from CEQA
() Approved as Submitted Dreg chits
Town Manager
(x) Approved with Conditions
O Denied as Submitted
O Recommended Approval to the Town Council
O Continued to
Minutes of the Planning Commission meeting are generally available within three (3)
weeks following the meeting, and will be provided upon request.
If you have any questions, please feel free to contact me at (4l 5) 435-7397 or at
koinalley@townoftiburon.org
Si ere
ra
Hey
Associ< to Planner
Attachment: Resolution . 2019-02
EXHIBIT 2
RESOLUTION NO. 2019-02
A RESOLUTION OF THE PLANNING COMMISSION OF THETOWN OF TIBURON
APPROVING A CONDITIONAL USF PERMIT TO PROVIDE OUTDOOR LIVE MUSIC ON
EXTERIOR DECK FOR AN EXISTING RESTAURANT LOCATED AT 27 MAIN STREET
ASSESSOR PARCEL NO. 059-151-35
WHEREAS, the Planning Commission of the "Town of Tiburon does resolve as follows:
Section 1. Findings.
A. The Planning Commission has received and considered a conditional use permit application
(File#CUP2018-008)to provide outdoor live music for an existing restaurant(Sam's Anchor
Cafe) located at 27 Main Street. The application consists of the following:
1. Application form and supplemental materials received November 19, 2018
2. Noise Memo from Charles M Salter, January 10, 2019
2. Plans received November 19, 2018
The official record for this project 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 hearing.
B. The Planning Commission held a duly-noticed public hearing on January 23,2019,and heard
and considered testimony from interested persons.
C. The Planning Commission has found that the project is exempt from the requirements of the
California Environmental Quality Act per Sections 15301(e) of the CEQA Guidelines.
D. The Planning Commission has found, based upon the application materials and analysis
provided in the January 23, 2019 staff report, that the project, as conditioned, is consistent
with the Tiburon General Plan and is in compliance with applicable sections of the Tiburon
Zoning Ordinance, specifically Sections 16-52.040 and 16-22, and other applicable
regulations. The proposed live music use would not alter the existing restaurant and bar use
and would therefore remain compatible with the character and image of the town as a village-
like commercial area, as encouraged by Policy No. LU-2 of the Land Use Element.
Section 2. Ap rpp oval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the Town of
Tiburon dues hereby approve the Conditional Use Permit(File#CUP2018-008)authorizing outdoor
I'IBURON PLi,NNING COMMISSION RESOLUTION NO.2019-02 1/23/2019 1
EXHIBIT 3
live music on an existing deck for and existing restaurant (Sam's Anchor Cafe) and approves
operating conditions for the use as set forth below, subject to the following conditions of approval:
1. The use shall operate in substantial conformance with the Use and Management
Information document, on file with the Town of Tiburon and available for public in
File #CUP2018-008. Any substantial modification of the approved use, as
determined in the reasonable discretion of the Director of Community Development,
shall require an amendment to this use permit.
2. The approved hours for outdoor live music shall be limited to:
■ Friday through Saturday: 11:30 a.m, to 9 p.m.
• Sunday through Thursday: 11:30 am. to 8 p.m.
3. The use'is approved for on-sale serving and consumption of beer, wine and spirits.
4. No outside display of merchandise or advertising is permitted other than posting of
the restaurant menu and parking location and parking validation information required
by this use permit.
5. If this approval is challenged by a third party, the property owner/applicant will be
responsible for defending against this challenge,with defense counsel subject to the
Town's approval.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.
6. The Town reserves the right to amend or revoke this Conditional Use Permit for
cause, in accordance with adopted regulations of the Town.
7. This conditional use permit shall be reviewed by the Planning Commission at a
public hearing in approximately 180 days from the date of final approval. The
Planning Commission,following the public hearing, shall have the authority to add
or modify conditions of approval, or revoke the permit if deemed warranted, or
determined if a sound study is required.
8. This Conditional Use Permit approval shall become null and void if the approved use
has not commenced within one (1) year of final approval, unless an extension is
approved.
TWURON PLANNING COMMISSION RL-SOLUTION NO.2019-02 1/23/2019 2
PASSED AND ADOPTED at a regular meeting of the Planning Commission on January 23,
2019, by the following vote:
AYES: COMMISSIONERS: CORCORAN, TSAI, WILLIAMS
NAYS: COMMISSIONERS: NONE
ERICA WILLIAMS, CHAIR
TIBURON PLANNING COMMISSION
ATTEST:
SU hI�I�WFrN, ECRE"I'ARY - ----
TIBURON PLANNING COMMISSION RESOLUTION NO 2019-02 1/23/2019 3
... TOWN OF TIBURON Planning Commission Meeting
;�c 1505 Tiburon Boulevard January 23,2019
Tiburon, CA 94920 Agenda Item: PH-2
STAFF
REPORT
To: Members of the Planning Commission
From: Kyra O'Malley,Associate Planner
Subject: 27 Main Street; File #CUP2018-008; Conditional Use Permit to Provide
Outdoor Live Music on an Existing Deck for an Existing Restaurant
(Sam's Anchor Cafe); Main Street Tiburon, LLC, Owner/Applicant;
Assessor's Parcel No. 059-151-35
RECOMMENDATION
Following a public hearing, adopt the resolution (Exhibit 2) approving the application subject to
the appropriate conditions.
PROJECT DATA
Address: 27 Main Street
Assessor's Parcel Number: 059-151-35
File Number: CUP2018-008
Lot Size: 23,987 square feet
General Plan: Village Commercial
Zoning: VC (Village Commercial)
Currently Allowed Use: Full-service Restaurant/Bar
Owner: Main Street LLC (Sam's Anchor Cafe)
Applicants: Same as owner
Flood Zone: VE— Special Flood Hazard Area
Date Complete: December 20, 2018
PSA Deadline: February 20, 2019
SUMMARY
The applicant has submitted an application for a conditional use permit to provide outdoor live
music on an existing exterior deck for the restaurant (Sam's Anchor Cafe) located at 27 Main
Street in Downtown Tiburon.
Sam's Anchor Cafe has operated as a restaurant and bar since the 1920's. This restaurant
currently provides indoor and outdoor dining services seven days a week. Historically, this
restaurant has provided indoor and outdoor music for their patrons at various times throughout
the decades. The applicant is requesting to formally limit live outdoor music on the exterior deck
to Sunday through Thursday, 11:30 AM to 8 PM and Friday to Saturday, 11:30 AM to 9 PM. No
TOWN OF TiBURON PAGE 1 OF 6
EXHIBIT 4
I'Luiiiii; ('.. riot i sicui \,lectin°
Jan nary 2,3,-x(111
other use or structural modifications are proposed in terms of hours of operations for food and bar
services, access, staffing, tables, exterior lighting or location of bars and services stations.
PROPOSED USE
According the Use management Plan (exhibit 3) submitted by the owner, the existing restaurant
has 172 interior seats and 266 exterior seats for a total of 438 seats with approximately 40
employees. The restaurant currently holds a Type 47 license from the California Department of
Alcohol and Beverage Control (ABC), which authorizes sales of beer, wine, and distilled spirits
for on-site consumption at a bona fide eating place. There are no modifications to the existing
hours of operations, number of employees, food/bar services, number of interior/exterior seats
with this application.
Use Characteristics
The total outdoor dining area at Sam's Anchor Cafe includes approximately 2,700 square of
seating space, and is situated south of the indoor dining room with views of San Francisco Bay,
cityscape, and Angel Island. The existing restaurant has portable speakers located inside and
outside which generally play music in the front bar area and exterior deck area. In addition,
currently, there is live music in the front bar area of the restaurant and live music is allowed
anywhere inside the restaurant. The proposal would formalize the limitations of live music to the
outdoors on the deck space, 7 days a week. There are no additional speakers proposed with this
application. According the Use Management plan, the individual bands would provide their own
equipment.
Noise Levels
In 2015, the Planning Commission conditionally approved a Conditional Use Permit to install a
canopy on a portion of the exterior deck. During that time, a noise study by Charles M. Salter
Associates was submitted and reviewed by the Commissioners. The study included
measurements from two residential locations on Corinthian Island (over 300 feet away from
Sam's Anchor Cafe) and from Waters Edge Hotel, and in conclusion, with the proper acoustical
materials and eisenglass siding, the canopy would not create a noise impact on the nearest
residential properties and the adjacent hotel. The exterior canopy was never built and the
application has since expired
As noise levels were previously analyzed, the applicant provided an updated letter (exhibit 4)
from Charles M. Salter Associates which noted that the proposed project would not result in a
significant noise impact. As such, no fiirther noise analysis is required for this application.
GENERAL PLAN AND ZONING CONSISTENCY
General Plan
The subject site is designated Village Commercial (VC), which typically allows resident-serving
commercial and office uses, tourist-oriented uses, and mixed (commercial/residential or
office/residential) uses. The following goals, policies, and programs of the Tiburon General Plan
are germane to the review of this application:
TOWN OF TIBURON PAGE 2 OF 6
HamlinyCk)III n)i'sSwn \1le(.tII
;oluary:>. .2019
Goal LU-D: To ensure that all land uses, by type, amount, design, and arrangement, serve
to preserve, protect, and enhance the small-town residential image of the
community and the village-like character of its Downtown commercial area.
Policy LU-1: The Town shall provide for sufficient diversity of land uses such that public,
quasi-public, recreational and shopping facilities are conveniently located and
available to each resident of the community.
Policy LU-2: The Town shall limit the type and amount of uses within the Town to those
that are compatible with the nature, character and image of the Town as a
quiet, small-town residential community with a village-like commercial area.
Policy LU 23: The Town shall support a diversity of commercial uses to serve the shopping
and service needs of the community.
Policy DT-3: The Town shall actively promote the economic vitality of its Downtown.
Policy DT-S: The quality of residential neighborhoods within and adjacent to the Downtown
shall be preserved with regard to unreasonable noise, traffic, visual and other
impacts, with the understanding that such impacts are generated to a greater
extent in Downtown commercial areas than in exclusively residential areas.
Goal N-A To ensure that residential areas are quiet and that noise levels in public and
commercial areas remain within acceptable limits.
Goal N-B: To eliminate or reduce unnecessary, excessive and offensive noises from all
sources.
Policy N-6: Hours of use of recreation and commercial facilities should be regulated to
minimize offensive noise to ensure compatibility between such facilities and
nearby residential areas.
Policy N-9: New projects in Downtown shall, through site and building design and the use
of the best available building technology, minimize the potential noise
conflicts between commercial and residential uses, on mixed-use and adjacent
residential properties.
Staff concludes that the use limitation for outdoor live music would be consistent with the goals
and policies of the Tiburon General Plan, including noise policies.
Zoning Ordinance
Section 16-52.040 (B) of the Zoning Ordinance establishes the purposes of conditional permit
review. These include:
1. Determining whether the location proposed for the conditional use is properly related to
the development of the neighborhood or vicinity as a whole,-
2
hole;2 Determining whether the location proposed for the particular conditional use would be
reasonably compatible with the types of uses normally permitted in the surrounding area;
TOWN OF TIBURON PAGE 3 OF 6
Plruutin tnoatission Muting
3. Evaluating whether or not adequate facilities and services required for such use exist or
can be provided;
4. Stipulating such conditions and requirements as would reasonably assure that the basic
purposes of this Zoning Ordinance and the objectives of the General Plan would be
served; and
5. Determining whether the 'Town is adequately served by similar uses presently existing or
recently approved by the Town.
Staff concludes that the project, as conditioned, would conform to and would further these
purposes.
Section 16-52.040 (D) of the Tiburon Zoning Ordinance lists the following factors to be
considered in determining whether or not any conditional use should be permitted in a specific
location:
1. The relationship of the location proposed to the service or market area of the use or
facility proposed; transportation, utilities, and other facilities required to serve it, and
other uses of laid in the vicinity. The proposal is to formally limit outdoor live music to
an existing restaurant and building. This use would continue to be compatible with other
retail and service uses in the Downtown area.
2. The compatibility of the design, location, size, and operating characteristics with the
existing and future land uses in the vicinity. There are no modifications to the location
and size characteristics of the existing restaurant. The operating characteristics of the
proposed use would be similar to the prior use with the outdoor music. As mentioned
before, the restaurant has been there since the 1920's and there has been a time when live
music was provided to patrons throughout the Downtown area.
3. The probability of impairment to the architectural integrity and character of the zoning
district in which it is to be located. No modifications to the existing building are proposed
with this application; therefore, the building would continue to be consistent with the
other buildings in Downtown Tiburon.
4. The protection of the public interest, health, safety, convenience, or welfare of the
Town, or any probability of injury to property or improvements in the vicinity arra
zoning district in which the real property is located. Formalizing the use would improve
the convenience of commercial services that serve residents in the Downtown Tiburon
and would continue to be compatible with surrounding uses.
5. The need of the community for additional numbers of such uses,paying particular heed
to whether the neighborhood or vicinity is already adequately served by similar uses.
The need for restaurants with vitality is expressed in both the Downtown Element of the
Tiburon General Plan and the Downtown Tiburon Design Handbook. Formalizing the use
limitation allows for enhanced activity in the Downtown.
TOWN OF TIBURON PAGE 4 OF 6
1'I,n�niut;C��rnrni�si�,n \lecrin;;
Jarui�u��33,-1019
6. The contribution that the proposed use would make to sustaining and improving the
economic vitality and vibrancy of Tiburon, including encouraging resident-serving or
tourist-serving uses in appropriate areas and uses that promote pedestrian activity. The
proposed use is desired by the Town of Tiburon as it would contribute to the economic
vitality and vibrancy of the Downtown. The proposed use would serve both residents and
tourists and would promote activity in the Downtown.
ENVIRONMENTAL REVIEW
Staff recommends that the Planning Commission determine that the Project is exempt from
CEQA pursuant to the same Class 1 categorical exemptions, and that no exceptions to the
exemptions apply.
Class I Categorical Exemption (CEQA Guidelines§ 15301 —Existing Facilities)
The existing restaurant currently provides indoor music and this application would consist of
formally limiting live outdoor music on an existing deck for an existing restaurant. No
modifications/alterations to the existing structure.
Categorical Exemption Exceptions (CEQA Guidelines§ 15300.2)
Further, none of the exceptions listed in CEQA Guidelines Section 15300.2 apply. There is no
evidence that the Project will result in any adverse environmental impacts and the Project does
not involve any unusual circumstances. Although the project site is on the Tiburon's Local
Historic Inventor of Buildings in Downtown, no physical changes to the existing building are
proposed with this application. As such, the historic character of the building would be
maintained. Indeed, the proposed project would not significantly impact any environmental
resource. In addition, there is no evidence that any significant cumulative impacts would occur.
Specific supporting details regarding the project site include the following:
(a) The existing structure is partially located above the bay; however, a restaurant has
operated at this location since the 1920's. As no new structures/improvements are
proposed in or near the bay, there would be no significant impacts related to the location
of the subject site.
(b) The proposed change in use would not result in cumulative impacts. As the number of
seats would remain, the proposal would result in a reduction in the authorized intensity of
the use on the site allowed by the conditional use permit as this restaurant use to provide
outdoor music for many years.
(c) As noted above, the noise letter that was provided noted that no significant impacts would
result. In addition, there is no evidence that any other significant impacts would occur as
a result of the proposed application.
(d) According to the California Department of Transportation, there are no scenic highways
in Marin County.
(e) According to the California Department of Toxic Substance Control, there are no
hazardous waste sites in the Town of Tiburon.
(f) The existing structure is a historical resource because the structure is on the Town's Local
Historic Inventory of Buildings in Downtown List; however, the structure is not on the
following lists: 1) the California Historic Resources list; and 2) the National Register of
TOWN OF TIBURON PAGE 'S OF 6
':.'1019
Historic Places; and (3)there is no evidence that the structure meets any of the criteria for
listing. Even though the structure is listed on the Town of Tiburon's Local Iistoric
Landmarks list, there are no modifications to the building or deck with this application.
As such, no impact to this historical resource would occur.
It is a common practice for the Town of Tiburon to grant conditional use permits for music in the
Downtown area. Such permits have been granted for 5 Main Street and 1651 Tiburon Boulevard
(Tiburon Tavern).
PUBLIC COMMENT
As of the writing of this report, two letters in support have been received regarding this subject
application.
CONCLUSION
The proposed use, as properly conditioned in this location, would not conflict with other uses in
the vicinity and would continue to constitute a stable, long-term tenant in Downtown Tiburon.
The proposal would be consistent with the development approach encouraged by the Town for
properties in Downtown Tiburon in accordance with adopted goals, polices, ordinances, and
guidelines, which would enhance the enjoyment of the restaurant and overall character of
Downtown.
EXHIBITS
1. Application form and supplemental materials
2. Draft resolution conditionally approving the use permit
3. Use and Management Information document submitted by the applicant
4. Noise Memo from Charles M. Salter dated January 10, 2019
5. Email dated December 19, 2018 from Justin Flake, General Manager for Waters Edge
6. Email dated December 14, 2019 from Dan McMurtrie
7. Floor plans/Speaker plan
TOWN OF TIBURON PAGE 6 OF 6
L_
' r � �
TOWN OF TIBURON
LAND DEVELOPMENT APPLICATI
TYPE OF APPLICATION pLPNN�N
dC,�onditional Use Permit o Design Review (DRB) o Tentative Subdivision Map
o Precise Development Plan o Design Review (Staff Level) o Final Subdivision Map
o Accessory Dwelling Unit o Variance(s) # o Parcel Map
o Zoning Text Amendment o Floor Area Exception o Lot Line Adjustment
o Rezoning or Prezoning o Tidelands Permit o Condominium Use Permit
o General Plan Amendment o Sign Permit o Junior Accessory Dwelling
o Temporary Use Permit o Tree Permit o Other-----------
APPLICANT
ther —_APPLICANT REQUIRED INFORMATION
SITE ADDRESS: 2j PROPERTY SIZE:
PARCEL NUMBER: ZONING:
PROPERTY OWNER: /A,Umn 1_LC
MAILING ADDRESS: CocAO- . -r,h�,ro� (�--mak-�i Z -------_--
PHONE/FAX NUMBER _ cov,otL , Egiv-TF� Pf�se� Pu✓ '
zci
APPLICANT (Other than Property Owner): 5om'5 Ac1j N LLL
MAILING ADDRESS:
PHONE/FAX NUMBER: ; , E-MAIL: 5q - --- -- --
ARCIIITECT/DESIGNL+'R/ENGINEER AIA
MAILING ADDRESS:
PHONE/FAX NUMBER: E-MAIL: _
Please indicate with an asterisk (-)persons to whoni Town correspondence should be sent.
BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed):
1, the undersigned owner (or authorized agent) of the property herein described, hereby snake application for
approval of the plans submitted and made a part of this application in accordance with the provisions of the Town
Municipal Code, and I hereby certify that the information given is true and correct to the best of my knowledge and
belief.
I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the']'own grants
the approval, with or without conditions, and that action is challenged by a third party, I will be responsible for
defending against this challenge, with the defense counsel subject to the Town's approval. I therefore agree to
accept this responsibility for defense at the request of the Town and also agree to defend, indemnify and hold the
Town harmless from any costs, claims or liabilities arising from the approval, including, without limitation, any
award of attorney's fees that might result from th g third party challenge.
Signature(required):* e�,11
_ Date:Zs_
I understand that the property involving this permit request may be subject to deed restrictions called Covenants,
Conditions and Restrictions (CC&Rs), or similar instruments that may restrict the property's use and development.
These deed restrictions are private agreements and are NOT enforced by the Town of Tiburon. Consequently,
development standards specified in such restrictions are NOT considered by the Town when granting permits.
I am hereby advised to determine if the property is subject to deed restrictions and, if so, contact the appropriate
homeowners association or affected parties about the proposed project prior to proceeding with the application.
Following this procedure will minimize the potential for disagreement among parties and possible litigation.
Signature(required):* Date: 11 16� 242
* If other than owner, you must submit an authorization letter from the owner or show evidence of de_facto
control of the property or premises for purposes offrling this application.
NOTICE TO APPLICANTS
Pursuant to California Government Code Section 65945, applicants may request to receive notice from the Town of Tiburon of any general
(non-parcel-specific), proposals to adopt or amend the General Plan,Zoning Ordinance,Specific Plans, or an ordinance affecting building or
grading permits.
If you wish to receive such notice, then you may make a written request to the Director of Community Development to be included on a
mailing list for such purposes, and must specify which types of proposals you wish to receive notice upon. The written request must also
Specify the length of time you wish to receive such notices (s), and you must provide to the Town a supply of'stamped, self-addressed
envelopes to facilitate notification. Applicants shall be responsible for maintaining the supply of such envelopes to the Town for the duration
of the time period requested for receiving such notices.
The notice will also provide the status of the proposal and the date of any public hearings thereon which have been set. 'lhe Town will
deturininc whether a proposal is reasonably related to your pending application, and send the notice on that basis. Such notice shall he
updated at least every six weeks unless there is no change to the contents of the notice that would reasonably affect your application.
Requests should be mailed to:
Town of Tiburon
Community Development Department
Planning Division, \
1505 Tiburon Boulevard 0�
Tiburon,CA 94920
(415)435-7390(Tel) (415)435-2438(Fax) e\Q�
www.townoftiburon.or14
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RESOLUTION NO. 2019-Draft
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
APPROVING A CONDITIONAL USE PERMIT TO PROVIDE OUTDOOR LIVE MUSIC ON
EXTERIOR DECK FOR AN EXISTING RESTAURANT LOCATED AT 27 MAIN STREET
ASSESSOR PARCEL NO. 059-151-35
WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows:
Section 1. Findinys,
A. The Planning Commission has received and considered a conditional use permit application
(File#CUP2018-008)to provide outdoor live music for an existing restaurant(Sam's Anchor
Cafe) located at 27 Main Street. The application consists of the following:
I. Application form and supplemental materials received November 19, 2018
2. Noise Memo from Charles M Salter, January 10, 2019
2. Plans received November 19, 2018
The official record for this project 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 hearing.
B. The Planning Commission held a duly-noticed public hearing on January 23,2019,and heard
and considered testimony from interested persons.
C. The Planning Commission has found that the project is exempt from the requirements of the
California Environmental Quality Act per Sections 15301(e) of the CEQA Guidelines.
D. The Planning Commission has found, based upon the application materials and analysis
provided in the January 23, 2019 staff report, that the project, as conditioned, is consistent
with the Tiburon General Plan and is in compliance with applicable sections of the Tiburon
Zoning Ordinance, specifically Sections 16-52.040 and 16-22, and other applicable
regulations. The proposed live music use would not alter the existing restaurant and bar use
and would therefore remain compatible with the character and image of the town as a village-
like commercial area, as encouraged by Policy No. LU-2 of the Land Use Element.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the Town of
Tiburon does hereby approve the Conditional Use Permit(File#CUP2018-008)authorizing outdoor
TIBURON PLANNING COMMISSION RIitiOLUTJON NO.2019-DRAFT 1/23/2019 I
live music on an existing deck for and existing restaurant (Sam's Anchor Cafe) and approves
operating conditions for the use as set forth below, subject to the following conditions of approval:
The use shall operate in substantial conformance with the Use and Management
Information document, on file with the Town of Tiburon and available for public in
File #CUP2018-008. Any substantial modification of the approved use, as
determined in the reasonable discretion of the Director of Community Development,
shall require an amendment to this use permit.
2. The approved hours for outdoor live music shall be limited to:
■ Friday through Saturday: 11:30 a.m. to 9 p.m.
■ Sunday through Thursday: 11:30 am. to 8 p.m.
3. The use is approved for on-sale serving and consumption of beer, wine and spirits.
4. No outside display of merchandise or advertising is permitted other than posting of
the restaurant menu and parking location and parking validation information required
by this use permit.
5. If this approval is challenged by a third party,the property owner/applicant will be
responsible for defending against this challenge,with defense counsel subject to the
Town's approval.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.
6. The Town reserves the right to amend or revoke this Conditional Use Permit for
cause, in accordance with adopted regulations of the Town.
7. This conditional use permit shall be reviewed by the Planning Commission at a
public hearing in approximately 180 days from the date of final approval. The
Planning Commission, following the public hearing, shall have the authority to add
or modify conditions of approval, or revoke the permit if deemed warranted.
8. This Conditional I.ise Permit approval shall become null and void if the approved use
has not commenced within one (1) year of final approval, unless an extension is
approved.
TIBURON PLANNING COMMISSION RESOLUTION NO.2019-DRAFT 1/23/2019 2
PASSED AND ADOPTED at a regular meeting of the Planning Commission on January 23,
2019, by the following vote:
AYES: COMMISSIONERS:
NAYS: COMMISSIONERS:
ERICA WILLIAMS, CHAIR
TIBURON PLANNING COMMISSION
ATTEST:
SUNG H. KWON, SECRETARY
TIBURON PLANNING COMMISSION RESOLUTION NO.2019-DRAFT 1/23/2019 3
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Sam's Anchor Cafe QFC
Use Permit Application
NG�l�/S'oN
A General Description of Existing Use
o Hours of operation have generally been the following:
■ Monday—Friday 11:30 AM to 2 AM
■ Saturday 9:30 AM to 2 AM
■ Sunday 9:30 AM to 2 AM
o Breakdown of location and hours:
■ Front Bar:Operating from open until close.
■ Deck Area:Operating from open until 10 PM.
■ East Banquet Room:Operating from open until 10 PM.
■ Main Dining Room (west side of property): Operating from open until 10 PM.
o Please note that these are hours of service. Operating hours for employees have started
as early as 7 AM and gone until 3 AM.
o During hours of operation music has been played consistently at the front bar(adjacent
to the south entrance)and at the back bar on the deck(this is the east side of the deck
adjacent to Water's Edge Hotel).This music has been audible in all parts of the
restaurant and deck.This has been the practice for years according to Steve Sears,
previous owner.
o Intermittently, large parties have included amplified music being played in the east
banquet room,front bar, and on the deck.
■ Note:this includes live music, amplified music, and bands.
o Restaurant service has generally ended around 10 PM at the latest, while bar service
regularly extends until 2 AM.
o Generally,the maximum number of employees on shift would not exceed 40 persons.
o Generally,all deliveries are made between 7 AM and 12 PM. Deliveries are generally
taken through the most eastern entrance to the restaurant.
o Total number of current seats:
• Deck Area 266
■ West Dining Room 82
• East Dining Room 90
o Total interior floor area in SF is 8,810.
e Sam's currently holds a Type 47 Liquor License—On-Sale General Eating Place.
o Restaurant and Bar service is our primary business.This includes parties, music,events,
and other gatherings.
o Currently, Sam's serves American seafood food,alcohol, and has amplified music on the
deck and indoors.
o Currently have speakers on the deck. The number and location of speakers varies
depending on the environment. Generally,will have at least one speaker in the bar area.
o Sam's aims to continue the support of local bands, like the Stickshifts,who have come
with their own amplified music, and varying number of band members.
A General Description of Changes
o We are applying for a permit to receive statutory approval of the existing practice to
have live music outside on the back deck consistently on the following schedule:
■ Sunday through Thursday: 11:30 AM to 8 PM
■ Friday and Saturday: 11:30 AM to 9 PM
Ownership,Applicant,and Property Identification
o Conor N. Flaherty-492 Washington Court, Tiburon, CA 94920
o Raymond M. Rosendin—2110 Jackson Street,4204,San Francisco, CA 94115
Written Statements Describing Characteristics of Proposed
o Will not change hours of operation. Merely formalizing existing practices on a more
consistent basis.
o No new products produced.
o No new noise produced, merely formalizing existing practices on a more consistent
basis.
o No hazardous or volatile materials or chemicals involved.
o We would like to have the ability to be flexible as to the location of the music playing on
the deck in locations that fit the circumstances.
o Existing lighting on the deck includes string lights.The configuration of these lights can
be altered from time to time.
o After speaking with staff about the general support for the project from neighbors,we
all felt it prudent to hold off on conducting a sound study at this time.
Management Programs and Controls
o On-site management, as is current practice,will be available to address any concerns.
Management will reach out to potentially affected persons to solicit feedback and make
adjustments as necessary.
o Of note,the existing music program has not had a single complaint to the Town,to our
knowledge.
■ The only letter of complaint,to our knowledge, was mistakenly attributed to
Sam's, but we can prove that all of our programming had concluded hours prior
to the time notated in the complaint.
o The goal is to create a benefit to the entire community.
E
'a
SRI'
Charles M. Salter
ASSOCIATES INC.
Acomtic, 10 Januar 2019
y � 130 Sutter Street
Audiovisual JAN 1 4 2019 1, SonFloF 5
Town of Tiburon Sen ronci o,CA
Telcconvnuni<ations 94104
Security1 PLANNING DIVISION F 415.397.0454
S42
ung H. Kwon, MCRP MBA AICP
Director of Community Development wwro.crn�ltor.corn
Email: skwon@townoftiburon.org
Chodes M.Soltr,,.PE Kyra O'Malley
Dodd R klh-md,FASA Associate Planner
ErclBroodh-0 Mor:.PE Email: komalley@townoftiburon.org
Philip N.S—I- TEED AP
1k.—A.&hmd6,PE Subject: Sam's Anchor Cafe— Request for Entertainment Permit
Dw—1 R.B°pouh,PhD,FRES Salter Project: 19-0015
Kon C rm on,PE,RCDD,CTS-D
Anthony P.Nosh,PE
J—n R.Mly.Pr Dear Sung and Kyra:
Er,c A ,•°n
J-huo M.Roper,PE,LEED All At the request of Sam's Anchor Cafe, we have evaluated the noise issues associated with this
Elhon C Wier,PE.LEED AP application. About 3 years ago, our llrm evaluated the potential noise impact for a similar condition
AI°,nndor K.S°11-,PE (the proposed canopy) at the subject facility, During our previous study, we conducted acoustical
JoremyL.Deck°r.PE measurements on Corinthian Island and in the hotel directly adjacent to Sam's Anchor Cafe deck. The
Haothor A.Soil=_r results of our previous analysis concluded that there would be"no adverse effect on either people on
Crag L,Gill—,RCDD Corinthian Island or in the adjacent hotel."
Rob Hommo d,PSP,NICE?III
And-1.McKeo For this new application, we reviewed our previously taken ambient measurements and have an
vol°rioGSmeE.PE understanding of the proposed music noise levels during the hours of operation. We received a copy of
B°.p.AIAmin .Rper
RCDD an email from Justin Flake the hotel manager, In Justin's email dated 19 December 2018 he
Rynn G.Rnskop,AIA RCDD � g ( )r
Wd16-1 I.Bolduc,CPP supports the live music permit and expresses confidence that if issues arise, they can be handled.
Dylon S.Mllz,CTS
D—i,Fl.Kolh,CTS D Using our previously measured ambient noise levels on Corinthian Island, we conclude that the music
p4p„I-- noise at Sam's Anchor Cafe will be virtually inaudible.
Dwoo Hnrnore:ez
Bo—C.Wa.—,s In conclusion, it is our professional opinion that there will not be a "noise impact"or"adverse effect"
Gr°„R E^° as a result of approving this live music permit.
Doris R.h,dl
Blak.?M.Wells,LEED GA
Ryon A.Schohuld
Ado—L
Adrion .0
st°pt Please contact me if you have any questions.
Koihnrine M AA--
J-d—I.Rob°';, Sincerely,
Syb810 h1.R,h
:-0r P Roid, CHARLES M. SALTER ASSOCIATES
lauron von Sh;J n
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Jake M.Schp�,o C/� �-�_. I� I. -�`�
Hesier h1,
M-01,—D.Hsmr.9 Charles M. Salter, PE
rUl^nN Sio— President
sh/CMS
P:2019-01-10 Sam's Anchor Cale-Pe,mit Application
1< ra O'Malley
From: Conor Flaherty <conor.flaherty@preservepartners.com>
Sent: Wednesday, December 19, 2018 4:34 PM
To: Kyra O'Malley
Subject: Fwd: Sam's Permit Application
Does this work?
Get Outlook for US
From:Justin Flake<jflake@marinhotels.com>
Sent:Wednesday, December 19, 2018 3:16 PM
To:skwon@townoftiburon.org
Cc: Conor Flaherty
Subject:Sam's Permit Application
Hi Sung,
Just wanted to voice our support for Collin's live music permit. We are okay with it ending at 8pm on Weekdays and
9pm, on Weekends. We still have concerns but hope and trust that we can work with Collin directly, if it is causing a
disturbance for us.
Thanks,
Justin
Justin Flake
General Manager
Marin Hotels—Acqua, Mill Valley Inn, Waters Edge
(415) 388-9285
www.marinhotels.com
From: Dan McMurtrie<d.mcmurtrie@simple123.com> ------
Sent: Friday, December 14, 2018 1:44 PM
FFFIED(1��To: Conor Flaherty<conor.flaherty@preservepartners.com>
Subject: Letter of Support for Sams proposal EC 1 T 2018
PLANNING DIVISION
To Whom It May Concern: _
My name is Daniel McMurtrie and I live on Belvedere at 345 Golden Gate Ave.
I am in support of the extended hours for outdoor music at Sam's that they are proposing.
If you have any questions please feel free to call me at 804-986-8239(cell)
Thank you and Happy Holidays everyone.
Best,
Dan
VS
DEC 1 7 2016 l HANNAH
COLLINPLANNING DIVISION DESIGNS
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Tom & Melissa Purdy
19 Main Street
Tiburon, California 94920
January 19, 2019
Re: Sam's conditional use music permit
Dear Town Council:
The proposal to permit Sam's to have rnusic on their deck should be restrictive. Music is acceptable, but
not the loud thumping bass sound which was heard last summer when they had music on the deck. Our
residential tenants were subjected to it most of the day and we are three buildings away.The volume
should be restricted to a reasonable level. Tiburon/Belvedere residents should not have to live with
loud nightclub music at their homes.
Thank you for your consideration.
JJ
Tom & Melissa Purdy
Purdy Family Trust
owners
ry 019
Sent: uesday, January 22, 2019 10:14
To: Kyra O'Malley lEAT
tv A IL #
Subject: Support for Sam's music on the deck
HiKym,
Unfortunately we cannot attend tomorrow's meeting, but please accept this note as strong support for allowing Sam's
tohave music outdoors onthe deck. |tismyunderstanding that music would bepermitted until OPMSunday through
Thursday and 9PK4Friday and Saturday.
Our town needs some new life and activity iothe early evenings. Having music atSam's would provide agreat and fun
community gathering place, and bring important business to the restaurants and other business in town,which frankly
feels ghostlike inthe evenings. Having raised 4 children in town I am quite sensitive to the family environment we must
maintain, but having fun in town will foster that(in a manner similar to Friday night on Main). And 9PK8onweekends,
and 8onweekdays, isfar from disruptive.
Thanks for your consideration.
Stephanie and Rich Donick
1ORound Hill Terrace
Tiburon, CA
j *�s
{ % I b5 �t
IC ra UMAIP11
From: MAILka'i Dolch <badenia8@gmail.com>Sent: LATEJanuary 23, 2019 5:30 PM
To: Kyra O'Malley
Subject: Applified music at Sam's V"-
Dear Ms.O'Malley,
We live at 330 Beach Road.We feel giving Sam's a licence for amified music will destroy the serneity we cherish at our
home. One of the most significant attributes we have in Beveldere is the sound of the sea birds calling, seals
barking and waves lapping our shores.This will become inauduble if amplified music is allowed to permeate our peace
and quiet.
We strongly oppose the the decision to approve their application for amplified music.
Sincerely,
Mai Dolch
Dave Ganapoler
`:
} .N
Roxanne & Albert Richards
266 Beach Road
Belvedere, CA 94920
January 23, 2019
Re: File #CUP2018-008; Conditional Use Permit to Provide Outdoor Live Music on an
Existing Deck for Sam's Anchor Cafe
Dear Town of Tiburon Planning Commissioners:
My husband and I are owners of a home on Belvedere Island at 266 Beach Road and
we've lived there since 2005. We strongly request that you consider the effects on the
surrounding neighborhood in the current application for live outdoor music during all
operating hours, and that you take measures to limit the negative impact that music that
will certainly have on all neighbors across the water on Belvedere Island.
The water is the reason most of us live in our joint communities of Tiburon and
Belvedere and the beautiful ambience is something we all want to protect. Belvedere
has recognized the detrimental effect of extraneous neighborhood noise and we've
benefitted tremendously from the town's noise policy. The water serves to amplify and
carry sound further than would be the case on land, and any day that an outdoor, live
music event is held on the Tiburon green, or Sam's, or Corinthian or San Francisco
Yacht Club – or even Treasure Island!—we are "entertained" by that music at our home.
While a few times a year makes life merry, potential music every day of the week from
noon to night will pollute the airwaves of many Tiburon and Belvedere neighbors.
Besides that, ambient sound is one thing to regulate (with turning down the volume
relatively easy to control), but live music and enthusiastic musicians is another.
We ask that the Commissioners consider applying the successful restrictions that have
stood the test of time in Belvedere and make a decision that aligns with that policy.
Please do not award the request as it is currently proposed.
Sincerely,
o
Roxanne Richards --'
Samantha Bonifacio
From: Samantha Bonifacio - -- =
Sent: Wednesday,January 23, 2019 5:34 PM
ee
To: Samantha Bonifacio
Subject: FW: Urgent._27 Main Street-Sam's Anchor Cafe-Amplified Music Application- Late mail
From: Meryl Wisenbaker<r >e(?z ' sr r rt rr > -
Sent: Wednesday,January 23, 2019 5:27 PM
110:1
To: Kyra O'Malley
Cc:Steve Wisenbaker
Subject: Urgent 27 Main Street Sam's Anchor Cafe_Amplified Music Application i.,i ti,ul,llf,Er: r,a{
11C11111411 l
Town of Tiburon
Planning Commission
1505 Tiburon Boulevard
Tiburon,CA 94920
Attn:Kyra O'Malley,Associate Planner
January 23,2019
ro:Members of the Planning Commission
RI:27 Main Street/Sarn's Anchor Cafe;File CUP2018-008•Conditional Use Permit Application for Live/Amplified Music
We have been made aware of Sam's Anchor Cafe's application to the Town of Tiburon which,if approved,would allow them to have amplified
music EVERYDAY of the week from 11:30arn until 8:00/9:00pm. It appears from your Staff Report,that approval is being recorm-vended.
As we have personally experienced from our property on Beach Road, music travels very well(arid loudly)across the calm waters of The Racoon
Strait from Downtown Tiburon to our home which faces Sam's. The occasional wedding or other special event hosted by the yacht
clubs/restaurants in Tiburon during the year is one thing...Listening to amplified music for up to 9 12 IS each and every doy of the week,.s
another. This would not only be annoying and intrusive...but unimaginable for anyone who enjoys sitting,gardening,or reading outside,as yell as
hearing it from inside our home.
Al o,of great concern is the question of whether the sound of amplified music played daily impacts property values. Would the"sound of nvisic"
for nine_C9 strait t t hours each day be something relevant enough to require disclosure to a potential buyer?As a real estate professional fo-
1
many years,I say"yes";this IS a material fact. .,firing disclosure.A buyer's enjoyment,or desirabil, ,a property,may be impacted by the daily
"noise nuisance"and cause a buyer to not proceed with a purchase;or,if discovered after the sale,end up in a lawsuit.
Like many folks around here,we have enjoyed being at Sam's Anchor Cafe during the warmer months,listening to the waves lap against the dock
pilings,sounds of sails and seagulls,the rustle of the waiters and chatter of folks enjoying lunch outdoors on a beautiful,clear,sunny clay—Let's not
have what has been an enjoyable Bayside experience be ruined by the unnecessary and distracting sounds of amplified music Not at Sam's and
not at the entire North East residential side of Belvedere Island.
Sam's has been a successful restaurant/bar for many years,and its patrons will,no doubt,continue to have an enjoyable and unique dining
experience without having to add extra noise. If Tiburon should grant this unnecessary and unusual"privilege"to Sam's Anchor Cafe,it will be at
the expense of the quiet and peaceful enjoyment of our homes nearby and across The Racoon Strait.
This will clearly be a nuisance to residents in Belvedere whose homes look across the Bay at downtown Tiburon.For reasons stated in this
correspondence,we ask that the Tiburon Planning Commission deny Sam's Anchor Cafe's application for a conditional use permit which would
allow outdoor live(amplified)music at 27 Main Street,Tiburon,now or in the future. Minimally,Belvedere residents,who may be impacted by
such a permitted use,should have proper notice with time to consider the impact on their properties and respond accordingly.
Sincerely,
Meryl Wisenbaker
322 Beach Road
Belvedere, CA 94920
C 415.601.9215
2
William J. McKee )
311 Paradise Drive
Tiburon, California, 94920
415-435-4864
bbinckeet(u)msn.eon)
To: Tiburon Planning Commission 1/23/2019
Re: Sam's application for"Outdoor Music"
Cc: Point Tiburon Bayside Homeowners Association
Greetings,
I have just received a copy of your Notice Of Public Hearing, a bit late I understand.
I have a few comments: For the past number of years I have had occasions to confront
several businesses on Main Street late in the evenings wherein they were emitting Noise
(music?) at late hours.
I have also contacted the Tiburon Police with similar complaints on a number of
occasions. I was told that they would respond but that 'Tiburon didn't have a noise
ordinance to which these businesses must comply!
It appears that your commission has already made a decision on this matter but I must
then ask:
a) Is there an EIR submitted?
b) Is there a noise level limit set?
c) Is there a Town of Tiburon noise level standard as required by California State
Law?
d) Is there any action or penalties provided for in the"permission" (?) given for
this permit?
c) What gives you or any other public agency the right to allow the emission of
excessive noise (music?) and thus negatively impact the quality of life of
nearby residents? (also in violation of state guidelines)
f) Does the Police Department have decibel level measurement instruments?
g) Are they trained in the proper use of that instrument?
h) Why must any person, group,business, or??, broadcast amplified noise
(music) beyond their premises?
i) Are the hours of emission mentioned in the "Notice" firm?
Thanks for your attention to this matter and for the good work for which your
commission was formed.
William McKee
Kyra O'Malley
From: Roxanne Richards <roxrds@gmail.com>
Sent: Wednesday, January 23, 2019 5:10 PM
To: Kyra O'Malley
Cc: Albert Richards
Subject: Live Music Conditional Use Application for Sam's Cafe -- Opposition
Attachments: Sam'sApplication1.23.2019.docx
Could you let me know that you've received this?Thanks.
> Dear Ms. O'Malley:
> My husband,Albert, and I are owners of 266 Beach Rd in Belvedere, where we've lived since 2005.We have just
become aware of the live music application going before the Planning Commission this evening and ask that our letter
be provided to the members of the Planning Commission. Unfortunately we have an obligation this evening or we would
have been presenting at the meeting.Thank you.
> Regards,
> Roxanne Richards
>415-828-1061
1
Roxanne & Albert Richards
266 Beach Road
Belvedere, CA 94920
January 23, 2019
Re: File #CUP2018-008; Conditional Use Permit to Provide Outdoor Live Music on an
Existing Deck for Sam's Anchor Cafe
Dear Town of Tiburon Planning Commissioners:
My husband and I are owners of a home on Belvedere Island at 266 Beach Road and
we've lived there since 2005. We strongly request that you consider the effects on the
surrounding neighborhood in the current application for live outdoor music during all
operating hours, and that you take measures to limit the negative impact that music that
will certainly have on all neighbors across the water on Belvedere Island.
The water is the reason most of us live in our joint communities of Tiburon and
Belvedere and the beautiful ambience is something we all want to protect. Belvedere
has recognized the detrimental effect of extraneous neighborhood noise and we've
benefitted tremendously from the town's noise policy. The water serves to amplify and
carry sound further than would be the case on land, and any day that an outdoor, live
music event is held on the Tiburon green, or Sam's, or Corinthian or San Francisco
Yacht Club –or even Treasure Island!—we are "entertained" by that music at our home.
While a few times a year makes life merry, potential music every day of the week from
noon to night will pollute the airwaves of many Tiburon and Belvedere neighbors.
Besides that, ambient sound is one thing to regulate (with turning down the volume
relatively easy to control), but live music and enthusiastic musicians is another.
We ask that the Commissioners consider applying the successful restrictions that have
stood the test of time in Belvedere and make a decision that aligns with that policy.
Please do not award the request as it is currently proposed.
Sincerely,
Roxanne Richards
Kyra O'Malley
From: Meryl Wisenbaker <msebest0l@aol.com>
Sent: Wednesday,January 23, 2019 5:27 PM
To: Kyra O'Malley
Cc: Steve Wisenbaker
Subject: Urgent-27 Main Street-Sam's Anchor Cafe-Amplified Music Application
Town of Tiburon
Planning Commission
1505 Tiburon Boulevard
Tiburon,CA 94920
Attn:Kyra O'Malley,Associate Planner
January 23,2019
To:Members of the Planning Commission
RE:27 Main Street/Sam's Anchor Cafe;File CUP2018-008•Conditional Use Permit Application for Live/Amplified Music
We have been made aware of Sam's Anchor Cafe's application to the Town of Tiburon which,if approved,would allow them to have amplified
music EVERYDAY of the week from 11:30am until 8:00/9:00pm. It appears from your Staff Report,that approval is being recommended.
As we have personally experienced from our property on Beach Road,music travels very well(and loudly)across the calm waters of The Racoon
Strait from Downtown Tiburon to our home which faces Sam's. The occasional wedding or other special event hosted by the yacht
clubs/restaurants in Tiburon during the year is one thing...Listening to amplified music for up to 9 1/2 hours,each and every day of the week,is
another. This would not only be annoying and intrusive...but unimaginable for anyone who enjoys sitting,gardening,or reading outside,as well as
hearing it from inside our home.
Also,of great concern is the question of whether the sound of amplified music played daily impacts property values. Would the"sound of music"
for nine(9)straight hours each day,be something relevant enough to require disclosure to a potential buyer?As a real estate professional for
many years,I say"yes";this IS a material fact requiring disclosure.A buyer's enjoyment,or desirability of a property,may be impacted by the daily
"noise nuisance"and cause a buyer to not proceed with a purchase;or,if discovered after the sale,end up in a lawsuit.
Like many folks around here,we have enjoyed being at Sam's Anchor Cafe during the warmer months,listening to the waves lap against the dock
pilings,sounds of sails and seagulls,the rustle of the waiters and chatter of folks enjoying lunch outdoors on a beautiful,clear,sunny day...Let's not
have what has been an enjoyable Bayside experience be ruined by the unnecessary and distracting sounds of amplified music...Not at Sam's and
not at the entire North East residential side of Belvedere Island.
1
Sam's has been a successful restaurant/bar for many years,and its patrons will,no doubt,continue to have an enjoyable and unique dining
experience without having to add extra noise. If Tiburon should grant this unnecessary and unusual"privilege"to Sam's Anchor Caf6,it will be at
the expense of the quiet and peaceful enjoyment of our hornes nearby and across The Racoon Strait.
This will clearly be a nuisance to residents in Belvedere whose homes look across the Bay at downtown Tiburon.For reasons stated in this
correspondence,we ask that the Tiburon Planning Commission deny Sam's Anchor Cafe's application for a conditional use permit which would
allow outdoor live(amplified)music at 27 Main Street,Tiburon,now or in the future. Minimally,Belvedere residents,who may be impacted by
such a permitted use,should have proper notice with time to consider the impact on their properties and respond accordingly.
Sincerely,
Meryl Wisenbaker
322 Beach Road
Belvedere,CA 94920
C 415.601.9215
2
1-C(IMIC Pddiiiollal and 111 adopted n)i!1'.."al loll 1) O)IMMIC W aplflt',
for ih.. ploj:Ct,
s.
IPA ApplicP111- sPid he has bcal xvWthig o the pmj"! by Wit H)
years Prid inmst jecuoly hove hovn befon Ic DR13 for Clic design plan orld MY! ma, I I y
expect to whilin Hi" revised filial map and 11w in)provcyl lera phylls by Fchruary `0- .x019 hich i.�
the same (My they will be heard by the I own ( ouricil for tile c:-xlcrlsiorl
]'Ypically ill other it (Ics, as.W" is not needed Or sAdivisW improvements befmc,
lilill!" the filml inop, but this is o wphyrricrit of be conchQns hem, and they have fdal that
application cmd in Hint ploccs,",
lasky they confinpul WHIgh 11 hiololplical assessment in re"ievvinp, the property that the 11'afill-al
resouires descyled ackniundy in the EIR have not changed so the project will be consistent with
all lindinas of the crivinmiumN rcsic" A asked that the Conlillission (rant then- extension
and no recommend to the Cmiilcd that Hwy do so, and was available IF questions.
Chair Williams opmIc'd ihc' puhhc hcoyini,. There VCyC 110 Sl)C,,lkCyS and She C,10SCd the public
hearing.
Conimissionm Corcoran corictured "Ith MaWs cmxhisions that the applic.-.irit has made a good
faith effort til cornpletc [lie process and it is in the. best interests of die Awn to grant they
extension.
Corrinissioner TV wig med nnd said Him, kus nothing palcWady emitrovaNd and aWTM QQ
staff's recommenclations.
Chair Williams COFICIVITCd and iccognized be comprehensive wall rcpoyt which was helpful. She
finds PH chichn have been mum by the afiMisint and Wed her suMmo of 11w exi.crishin.
to odopt the draft Resolution jecorrlrricnlhrl.-, to the ]-mit
Council the of thc —vc:ii cmcii�,ion. V )tc: 3-0.
. ...............
111-2 27 Alain Swet: Aymyy s Pawd W 09-151-35; 1Alc No CUP2018008; Kun Wei
Tihmon JjA . 0\vll",'!: Con"Ahwial 0z PernAt to provide uwdooi live niusic on ,a-,
Caf
c 'Itmint (Soly-i"s, Anchor '�,). The 1)ronosc'd
e\t'c'!io1 dc� k �ol �in cxi�)tillg �csl,
Mildoo! iv", he horn ti,.Wdlay 1hroiqd) I hut.d". 1 P30 /W to 8 I'M aml
i dI to S,a i I I_1;1 1 1 1) :`,IN,1 1 o Q 1)l1. K0
Ms- O'N/lailey �)ovc Hic !cp)IT si,ilintr the appli(-Pll; silhil-iiw-c1 all application for o
Condjiolml Use 1,crinii (( t W) i,) 1!10-, idC ,)'UldC,)l live nWQC OH no Mistin a extuniow(Ock Ar the
Saill ti Ajlclii?l t A"" ji 2", kiml Sticc( ill (h)v"Illov,11 lihillon SPJI]-ti 'Ancllor
Cole, has opci-aii'd :1,-, .1 mid hol Ji! "'c tile, 1-lisfulic'ljk:, the !CSdall!aril hal
p)w"idcd indoor ol�d mildool ijl�d� 1 01 valious ljyyie� Ily]
EXHIBIT 5
Ile app &Aut is Yantcyinu to limit modoor music to die cxleaio; (luck Poon) -Sta)(Liv lhlotl_Jl
jimmLa, i Klo aril. to SAM pAY Nmi Friday and Saturday_ I 110 nxii- to UTO pAn. TNAc mc
[to iallcl ll:odii'ications ol- :-,I)ticiural charls,(:s proposed to the cxwh(q of the building or in 1=,�
of hours of oqj;oit,n- dic l'(-d ;:-!lvi( c- wck.-"s,- iahlc. "C"llilm, ;-LI)d any of II)c
location l ill, bar`,
Accordin-.-, Ow P,,sc M;nja�,oucnt Plan in Whit 3 sullyniti.cd by Me owner. the cnimmu rusummm
has 172 imang sews oil(] 266 cxtoior scits, for a total of, '138 :-eats with approxitnat"I"
(allployces, Vh,: total omdooi dinin a twat at the (Oat inc-lades aplroxirimicly 230+) squac of
space; "ind i '
sin'l, south Ile(! sth of the indoor dining room with views of'San Fl-allcism
co B -
s
wjscape. and jsl;nld.
The cxislill!z restaulant liras pk),ta1)1c ,peaj<ers located inside and outside which generally Kala)-
music in the front bar area and extcrun dee k area. In addition, currently, there is live music in
the front bar aica of to restaurant and live music is allowed anywhere inside the restaurant.
The' proposal would folnitlliz� ill(,. limitations of live music to We outdoors ort the deck sTayc
seven days a wuCk. '111c.1c arc no Additional speakers proposed With this application. and..
according the Use klailagcHRU plwL the individual bands Would pinovide dab own eWhpmunt.
Regarding noise levels, in 2015 ale Ph-inningo Commission conditionally approved a CVP to
install a canopy on a portion of We exterior-deck. During that time. a noise study by Charles Nl.
Salter Associnlc-,, was submitted ','I'd reviewed by the Commissioners. The study included
measurements Rom two wAlcmial hwmiAms on (JoHrithizin Island (over 300 let away Ron)
Sam's Anchor Caf6.) and flolli watos L'Agc Hotel. In conclusion, Willi the proper acoustic"-.11
materials and ciscrqlass the canopy would not create a noise impact on the nearest
residential properties Luid ill(,, ,ldjacem hotel. Ile exterior canopy was never built and lhe
allplicMion has Once cxpkc(.1
Ndr. Salter has submitted a nicnio to spliTand C'on"nissioners as pan of ExIANt 4 wathig, they do
not find alit result ill oj si!mil-jclllt Imi -'e impacts with any of the live music. `'taff'finds on (31)
WOuld comply \,\:id, the (;enema Plan dnd zoning ordinance as live outdoor music would he pall
of, all existiw> wstallmllll. it would compatible with ollicl- retail and "'Cl-vicc tr-ics in i1w
downtown area and the rmnumm has 1 ul livc irmic dirmighowt As existence.
sulff, Icconnitclids that tkk-, Pl�lllning determine that dw project is '.Xeinp! Role
(']-,'QA ptnuanl to ih,,' I calq),olical cxuruptions, tllld that no lo ill,-,
u:,"ol"pt ion S �l 1)),1
Ill conclu�-ion. �11 thc !illl�- )! he ,pon iNIT rcceivud two lotus and additional He mail has Nnni
received opw�d
plwjl �llld support elf the (I'T and the applicant Is pie-scill to pl-w"id.":
prcs,cntalion,
Commis"Wry KM()I;!Il ,10 :ffl, \\hun the prcviowt ;lpphcation stihilliulcd Mcic
tiorl of lh(� Im"ll :Ind sonl�: �llnlw_ull� iiholl! pwdat�2 lite lo)n)a
Pod I
1)�'I i( vcd 0 1 s I t dc I� I-;1;11 it lc I c!;I;HIrJt I I I klv;IS 11(1 1 I)OL I I I(I by 111C 10 W n S !C(jHH'Cn I C I I I.-, :I S I i r,
operating homs. RcyfQhw this YNocn, hc asked w1no Ow current requircalonn wow in KaW,
(I) lousic, in.. i! �;Ijus ct!uid pw musici'lns out on the deck burn SAO nmy to 100 pA" w-
would a!)vlhiI-I't')' h" 'toppin'�' ilicin !to!)) doing, that.
Town Aimmcv RCH Stock cxplamcd On issue was the indoor nwic and whether 14, wymamii
\\'as suhjc""t 1 1w restaurant has never had a CUP in the past but the lipplic;Int ha"
applic
(I for olic l'('r tuftdooi ninsic, in older to have nw0c outdoor, they chlwr ric"I a qnckil
cvUnts pCrIlli! h, 111I\c had In the past and no\' wallt to I-nernowAYC h no" buo j (11:1)
"vilhoul havim, to 11mm".ji the ';pccial cvcnl perillil process each time.
Collunissionk"I �;Iid v"hell the (-'af",". a-Ipplied 1'or the original use permit jl� conhillfc(I
w5h staff Go A o;d.v applicd to in,khn music and opermilig hours.
Chair Wilhallis !Clef r(_'d it), the, uategorical exemption from C'J_,,QA and maws conclusion in Un it
is exempt. She Mai 10 IMOVAP More Clarity' around this becaame the exernpition is insol on dic
notion that there iq ng.1ii,ildle of no expnirsion of use. She also asked what the I)RUVIOUs slul:uooli
was rcgarding, mu!'Ic, notin.o, the history ol'Snin's liEiving bands and music.
N/Ir. Stock stated ander the categorical exemption it is 1.13C of the Zoning IIS(.',. llcrc, it is 'i
restaurant and will still he ,I restaurant since the 1920's, and this is how the catmorwil
AN WHiarris MY upon the :qqWicant for a presentation.
Conor lahelt'y_ apphci,int. staid he is the new proprietor of AM Anchor Cal6 and dicic
are people present to speak for and against st the CUP. He respects and appreciates ill tfio,,c in
attendance hecmisc ne rccognizus they care. As af lifelong resident ofhbwoT this is impmunito
him.
I le cXplaincd haji:i.I live music on Hic deck for years. Most muendw' thcv lmv� h�idl
live hniNk nnisic flirou:,h the surnincr before he purchased li-Ic
and thc ori,?'lmli ploplwlol \\!:I playinL� music for paltics; and events which the-\; cm! \"DIljv
lh!ough
In an c1l oil 1(,) 1):_' I, an� 'WC011lluodaliw.t_ f';"ll-licularly to W"'Itel's Fd;'�(C Howl.
\aolkcd jum) 1 klk!". ()li.Lmlally. their application was for 9:00 p.nl. .`,ti ilialy
[h!(_'u!2h 1 hui"& j Md Own lot! pvL on On \awkends. In :in effort to be ncjil:N)j
hC IvInvihil 011W VUT> CMX, ijlJ ill(!-\: ha \T 1110difIC(I tl)CSC 1)(MYS,
h': dlilicuh to I)c ;I hllsillcss in do\\nlovvil Tiburon. Typicall"'. i." Cry
hn`�\ if I-; (in 'll,: dc' — 1 hcu clJoin W a to dAvu Imsmess Rmn 100 und! U0 of
9:0( In, I,-, "[;v\ " i_lhl(, it I,-, vlicii nninh I)usincsscs am closing down nd A i� ad! awl
�j hit jnn"'iC i%.".:!' pi-,pic air lind. I'lic 111"I51( i'' C )nducivc to both I ant: ic:' :Ind Ow
ilh[11011) nd i"" lltvc expcnellccd \\ilh ("'c! Oic
slnmnc) o hiknwvIcdL)c� t1wle. vvere n() rr1<)il�r complaints cXcCl-lt 16! the wstoto:!131 whip 11
ir"i'l
Hien uffops ETI i' �)C.ned lov"olds, revi�aliAiw the do',vj)1'ovvll as there oic a 11wilher "d closi't
jvmanlAllls_ da!k ond it is sollic-'lljou, to help people to visil and slay it) the 6will."w',11.
jfiswljcaIl,,,i. 111cl" has always bccrt a loud speaker on the deck to announce pamn Am Mck LAIC
le-'Ade. I 11-cy had bond,,) and a portable. speaker has been moved around on the Or .Ind
oil the Jccl— depClrdin ! )if what Ixo,Me on Me dock warit, lodes and events alvvovs h�!cn
pop of.
Sam's on the ,I c!; lot decades and dicey arc corning up on Ted 90 NOW the yCoi
Ile dl'IiFs thC\1 MC 1(,.isonahle and 11 Ng Pao of their success over the )'Cars h<: -)cun l,)I ill.,,
'Yown. he !Csjvci�-; and opg,prccj�rws those having, a concern and he has Plo\C11 then obihi-v
to be 1-CosonnhIC and to work with Wnter's Edge x6vich is directly next to them, as well as callers.
FLIFII]Cr, Salll's has had a history of-Jeading the way' in the doxvntown. Aside I i,)fit the fiE I it
waI-ourlded in 1920 and pug to we Moon's hornmion- the original owner, sarn Kems has lWal
JHVoIVCd VVith tile (1)arnhC1, 1-1,11111111,12, events, Wille festivals, etc., and they hope to continue this
and be respccilul licii-dibors.
Ndr. I'lolicify then prl . enled a hev,', allicles which show the history of Sam's ar"I '-)'aln �ca!s'
.support of parties, \\,Iljlc being respectful and consistent. Approval of the CUP wotfld vciv imich
help their business and he beneficial to many people I town, and he wants It to be a wifl/On Ng
everybody.
Commissioner Corcoliin verified the hours being requested were Sunday though 'Fhursday,
I 110 aml- to 8:00 Onn and Friday and Saturday, 11:30 a.m. to 9:00 p.m. and that loict in, ilic,
,ift(o-noon when the sun goes down was We real time they vnndd seek to have music. Hc asked i.L'
there was a core Odic lw was looking Rv inhe Commission were to determine the hour, be a bit
11301. restrictive
N/Ij. I'lolwily V:"I-floilrcd ihoy are iarr_,�cting the later hours. starting front 1:00 p.111. on. [)ill 1cM) all
file (illic. ']'here oic dlll-ijll2 (he SUrn[)let' \,Vhcrt h is foggy and it is difficult to �!�rci pu()pIc to
the Coo( rpt) file obilifv to have some type of draw is important to thein. Inc notced thot ovci the
-oll-1 itOO p.nL to x:00 p.111, which is I'llost ilripopoill :() llle!ll.
,ollnrllk--I� llic til-inc "\�os L ��)Ctcd ll
Conlnw::,i(,1lCl ("()ICOloi) lcb-ol",d to tile loud spcokcr toed to ailruance pari,, vvIlcil 111l'll
alc lcodv :old owi-llnw ! it v\as no lorwcv in use.
Gol nn li�:,mol ic"I I S,oi o" cd how thc\ AV etc usill,L) live music llovv and, said it sotil.(!.', 1�, it it IS
ir-,iclnnl11e!,.i
I ldheli wxjil,linen WNi in the kLunn nn(o if vvas nrosily l-'riday. S:.11uldav ond coupik,
ll,-Jw� dolin�! jildo Ni.,,,thi oil N,loin th-,,y hod a h"-Ind aitelNvaldS to kz2C.P thc C;ovd dic1c.
ho, lw� o hand iqw_ido \\'os no', viable hecausc if is cold ,irJ i,
unpile d1( frill c
( Ymnw,ajoncr I xm Mod If thair cx1mintion woidd he that "M a Ctrl' Try "qhdd ph; munc
ihc soln", \\i-v [h",y hav'! hecn.
MI, HohIi y ."�Id vcs_ the\ o1c !Cali v jllst lookilw to Mial they ho"C [)CCII Juan. 11C
limed II)CIC \'Vo:- in cal-hof 11lic"Iiol) "d)clllt effectively gralldlathernl�-' it it). but tile); just 1t) be
�iW dIcV '11C doill!._ lhirll�.s [lie md)( \vay and respectful.
'olmni� -'iollcr -Sm said lie noticed in the Cineol that Carrie from [lie GCrIclol N;Iana_': of the
W'ater's s:Hd he really ims ma cormemel but he did say something to the cAAQ"MMK-
had and asl"Cd what dict' vvere. or asked if hese were concums cxpRvs.i mmi,
tine' p"vsl
Nh. Haircii), sad A had to do AT We past and hours when peopic, were irying, to slccl, In !hc
lxl��t O)C� wood go umd, I OMO pin and Redbick received wNs dw ON ms dol-imand v) &At
business and he was asked to skyo at 100 yn, and is willing to accommodaic that,
Conarrussioner I'sai asked if Were were additional or dURKI-ent speakers Adr. Flahmy was
Mr. Flaherty said no; not for the We music.
Conrinissionci Comoran asked ind confirmed with Mr. Fkrherty that music included amplil)cd
and acoustical guitray or non-vinphied music:
(TINY "Alliams opened We public hearing and she took a count of those speakers in support and
lose in opposition. She asked Ilor those in support to speak fimt and expNined speaker protocols.
Steve tiCals. I"i-ur:r ownel. of Sam's and Pburon resident. Chamber Boardmen-thor and
Dc""fillalioll Tihmor). said 11C is \,Cry interested in the economic vitality of dowillovvil 'I iburoll.
love"', Oro lovvil 'ard is interested in kcepulg. it vital. Ile has been with Sam s since 1978 up until
lost vcll and til: traffic \vas not cluite vvIlat it used to be. with Stores and Icst"un-ants Hc
WhAs (IlmIor I Amy needs to do hangs to increase UmAk and morner vitality and in InupW
k'novv Soul'e is �ill the JI'Whoi ofOrC hrlSHICSS COMMUIVILy.
I Ic dial [I lisic. sounds and speakeis they have been in plim Idr yous. They 1mvc had i
InHIII)c] of pimand llevcl had a "Ise He Conlurcirded Mr. 1"I-diem' f'ol conlil-I' hckll
ihoC: Cmrmw``io! it) i'olnlih/C a CUP to do what lie twills to dc, lo help his 5tlsi1leSs
lmd""I LIcat restauram comm"j, ti) lovvil and s2Iid lh�: Ch�mlh�:! �)f
Hod to have loony Ulkwn Aviv_ IV QH nj to 01p in this Iq:-,,ajd aid loi
Or': C'ommiy�ik'r' s �mlppovl all(] approval of the (I ill.
1)mlik' A( \," Al!10 I ihmoll. "i.lid Olcy own a IarQC polliwl of dov'!Itovvjl 1 11)HH()!'
111c p lilioll til Nomil Avul Just mum of, Sam's and \oiCcd his supl',oll id 111i.
hon lunm a vival mund of thu cormnumn lm 01 NoH4 ;Ind hc
I k!h' c%, doilw 'Meal is in (hc, I)CISL HIIICI-C`J" of Orc to",':H a,-, <II is lh�-
rn;zdc i nI\csIIl1-"Ivl in thy_' do\'\nIm\n oild 10 d''
they cnH to rovitri0c the downiolyi. Mr_ ldnhcrly'_, c.[rorls �Llow,, \A'kh tll('_dhi dl!.)" vdalit� �)n
crinTy R) Me downtown and 1 very nuwh needed.
DcAnu Riss, I,-,xcctrIJ%c Dircclor of il-ic l'ibmi-cm Peninsula ('11alubc] of, ( Onwnt_,Icc. ccllo:21
'a(! she \v"�Is al�,O spcakilw cls, a
scrituacws st"licd iron) a htl�allcss pclspcclivcbut
a joy 1(, beat the lausic downtown in she lives light by Old St, I lilary's 11 is palt
hovv Ihls conallullity shov,:s they are tog ahcr and said she consandy Turks about how to briw�
that to the downtown. The CI JP is crucial to \\flat Can do to duikc.
Chanill:1 Boald is suppoltive of-the jcquesi for the (J)P and is cxcitul lbr this oppommil) whio
mrill support the Community.
Jun N&Oovern, 11haron, said he Isurons the downmwn "lemon- lie can aml missi, is music,
11C Iral:-t i-.(.) to Sweetwater's in JN/fill Vnllcy, or to San Rabb and 13clelcy and mould lovc w
stay in Iis own towu to enjoy ruuW Secondly, he also watched Ids naghbok Connor Fllenv
gi-o"; tal. Nwlr. Flaherty was educated in Somkwn California and has ImisAwss interests in Utah,
but he is here at Tburon. What he is doing helps the community and he asked that On
Colalllis.Sjon support approval of the (11),
.Vlatt Turley said he is a band member W) has phlyed at Swils a couple or times and
Feedback has always been positive about Sam's having Be music. Thcy were asked when they
played :outside why they could not play- kmgcj- and later and weir; asked whet) Mey wem playm!
disick, ,dhy they were not rnlaying,. outside. So, he echoed Mr. 1-1,Jlcrty's conaliclits, in that it
\NOUld bring and keep n-iore people domintown.
,John K!idslii, Corte Madera, spoke to lk4r. Flahertys character, stating lie grew (11) with hit)). His
parents are long-time school teachers and adiriinisirntors it) the Kcnlficld School District and
they consider him their fourth son. I Ic has actually- named Connor- as Godfathcr of his yotti-n-y'est
son. When speaking Connor's charactcr, there was no one I'llole genuine than fail], 110 is Vel.)
fair and should be commended for Coming before the Commission and be asked 1,or support
we Up'.
I)cIane\ Lynch, ] ibal-on, vVid she grcM LIP with Connor in Tibumn am! No paims oast at Saiu'�
windi n a 1-lig part oftheir bait howy. Sarifs has always locni in town and is a place wlwyc
pCoplo !0 to Celebrate 'aid enjoy the weckcrid.s. Sam's used to he liveli:r and :I place wilcic
r')COpIc 1 ould cluov aninic on ow pawl Mcav and inure, youngalwoidu mv King punned out W'
'I'll)HIC)II "Ind it is nice to have soulc\-vilcre to oto and cillim) lllu.mc and dinc with Il iunds.
�hc did not think N& 111CI-ty "TIS allCnpkg 10 INVIV QC PMIQS Or CNCHIS Wit h0nulul !
llltl�,i( Id dm\vill I smnc, ('bscclic cfco,\ds. but sdaplVI L) I I-I,d<c t I I c I mlsincs� livchcl, ! I),
rc.staurant Ci C\Irtnlcly expensive and difficult and the ic'uh of not lino; \ini
-
ilds, \\ii ho. dicremed lood and alcoliol Icss people' wludli !0 Fibulon. and
brine li ic to cluov the [ov"ll the.% livC in.
Arsalaii l3draind Wunn. said lic 14 11 cars Old nH,l his Calful, ha� ill I ihUlOn `ins,
lei- ? 1 :3 pulh, was MMC a lorincl -1 Ov,I, and htcxprcsscd ids sulywr ol
a1_pli(:1i ;)n to 1101) hoose the loon s and ;c)cial "'italilY. lji lins hcca acl!,��)', HW
k i I \ ,, \I,"� :1; -,(;l`: ",I I 1.:: it I i)F'- F 0 A
Old C,,�eryono 1<11OWS 'I IJUMM) hCCaUW Of SCIIII'S. Y) hc hwdlevv4 ]I is 1111pol!"Olt to Collinnic this
[r,'Idiliol) NUI KOO WC KOHIM slid W"al ofdh�,' " �p "ill 11"IF ,ca !hC]"I lllcjc.
Tenv jackscm. Munn, sicl shc and her I"whand rain"! thinc childwri in Fiburon and she had
solved on the Reed 'Distrwt Schou! boatel. ()no oI, importmil thing') Saln's d(lus for the
C01-111111-illity is anellor the imlcl -O.iolls. It I.,, Vc:(y irrlpoltarfl no! push ow youll'.'Cl gcncraliolls but
to connect Illcul. Smalls llij� done this fol over 20 yoar,-: fear licl- I,an-.ily and she tllillks almost 100
sears for most others OWN coluillundc ami Mw "Acd her suppon ofthc CM.
Nancy Purdy. o\,vner of 1319 Main Synet, sintal shu Flotwhi dik, huildin" in 1976 in(! is rvvo
doors Croln Sam's with Scivillo"." on the Other sidc'. and yyyid resident. s upstairs. She hears
people WAR about )low 1,)ruat it is to enliven ihc town "lieh is okay, but she thinks this is :I hit
open-ended with hand music.:_ Once a precedent is scl- she x0cccl coneca-us of affectirO), her
residents_ She has 6 aptumnellts aml A con-u-namind husimows and said We hooinkg bass somIds
L.oil) bands drive people Crazy.
I
Mr Vdllban asked N& Purdy to ivinnain at the podiurn, and askud her if she lives on she.
Ms. Purdy said they lived there for 17 years but because they are now retired, they live
sollictinles in the mountains and sometimes in '],ibulon.
(TiOr VAUArns: Md if during the course of the years Mi PuNy lied in We apartments AcTcr
there were cornplairits about noise.
MT Purdy Ad it has been very peaceful for the last 10 )TOY SaNimis at one thne had loud
nwAc and single-paned Windows which ,vas a biL,z problem. They would open their doors oil a
IwA summer night and those living in the building could not even watch TV- She confirmed this
only involved Serving's but ocudomIlly Sail's v"mid We a special party. Howevn, it was not
cominuous Me As W11 be horn I I:00 axil- to 910 Psw She said She has no Objection to music
inside tile restaurant but if baud; play ouivick peqdc All hivir A. niong Ath other residelos and
businesses.
Conrinisdoner 140 tanked MY My for hoill,U hero' 10liq-,ill, and he askCd Old confirmed that11,-1, building has Watur-�, bCt\,vc,,,'r) thelliand �aril :! and "vIih MeDollon!JI's buildiln�
(Winissioner 140 adwd her what her osiduros We WI 'urloluk; ahom the noise at Saj)Cs.
NIT Pul-dy said currently it has been very gtwd. Thu\ Wd We. �I p!o1flun) in ill(' paSl and this Is
A she is how.
Onrilissionel. Tsai if'Vls. Pru d, had addivs"ud in ijlc pas! \..,Oh the prior
N s. PurdIv ;:Iicl sJIC (:R110d llit'. vc;tr (dn:11 she (-ollld hual loud music ilorn
S 1-\!illo's, and not Saw ". ",dl Ihc' \\'a" dov"ll to Illu 1-'m' !�!;I;ion and P( 'llhuroll lesidelltsalso
Ct inpjanl("d.
I !ink N4CVVii HCY. rcprcqcntiKV the Point TWIMI RM WO VS(WhOWL qWd IhC-V Coln,Qu Of W/
h, ju,-'s and lold""'Ill „ill �,pt:ak tiro III(' ;wklo�i 5d hunicsand (dd
I (l',. I I ;( 0%I I I"",I,)\` il\,XIll") li lir::! I`Md 1)
hihuron A soci".aion of, about 75 home. In to[Pl- thev _Ihout 200 houacs mu
conccrni'd rlbotit the" noise le yaCls.
1 I said tine meeting tonic>bt I�lates to follmll ahplo,%al of out�idc loud rntlsic or) SPI' s deck, Inu,
it also involves the impacts of Me ac:fiicd speaker music ,in \-lura ss open decks since NO veill
he broadcasting at the same tinge, as well as ;gut,< do music at I'iburon i avcrn and Iatrhaps
sneakers on Servino's deck. All will be able to cyciv day N- 10 hours or in ibe case of
Scrviuo s. until 2:00 a.m. Therefore, all of, the esurhli,-Ilnacnts music must be considered
to�-�ethc:r in c:onsidcrirl,� the request for Sarn's t't T.
Tic: Tiburon General Plan provides gerumsal guide i-ran to he by 1 own officials in
making approvals that impact town noisy level, One 2001 is to ensure that tesidenllal areas are
quiet and that noise levels in public and connucrcia areas ivina n within acceptable levels, but he
questioned what is acceptable. The "Gown has no noise ordinalicc specifying hialits drat are
mensumbie and actionable and ipso no ellOwiimollai impact nuly to specil;% `found levels that
rare• acceptable and sate.
Ile stated the World health Organization indicaic�, fila! ni"'da e�l_xlsulc oL moist: Consistently
exceeding 40 decibels can cause people to suffer mild health c f'lects. At 00 decibels. it is way
too high and this would be very iratrtlsive on days or evenings- and he questioned the source of
this number. fle therefore: asked how the Planning Commission can honor the General Plan for
aampmWe limits without krim ing, its combined impact on the community w1rich wd! need
,urthoritativc, naeasureable and actionable levels and Proposed th(-', following ac(ions:- 1)
irnplenaent an environmental study ori downtown noise- The staff report indicates this is
categorically exempt because there, is no evidswe (Imt ally si"grlil-faint Cumulative impacts v,-ould
occur, and a reliable study is needed. VIC, SPIter stud) was done > years for a different
pru-pose; 2) create a town noise ordinance w th noise limits and rnechanisrns for correcting
abuses; and 3) conduct these studies and onhnance prior no approving the request for the CUP.
Ile added that Sam's has been an incredible corponw! c:itwn and thee- deserve ph"Ry over the
'vlimia's nl proval_ as they are a newco riur: Iu)*cvcr. dais approval bas aNsidy Wn given
including a 124day trial period. At the veru Ic...St_ 1w ,asked i;i hold off on Sams <IlTn"Yl until
(lie impact of the Minas approval has been na . urcxl. Abovc all. he askcd to consider the
cumulative impacts.
Ned Lawrence snits he lies right huhhA the condonliniumn on Point Tiburon, Ile c.u)liot believe
be is talking in of;Ivsition to Sama's Inccaosc he fk �nl iia Al oF ihcir qoW ugmirin ants rind he
spoke of earlier times Iia 1 ibirlon. Ile ,Ahclhcl !lac t>auds A;You!d ! inl _ lhe..0 OAvn
amplitiets which rimy add to the now. Secondly he ilmk., y,lirla S alld Sams IMN . peen great
fur the: dawn but suggested perlornain;a a cum ul ll " ,;tudv ol�th;' noise. Ile' st.;d ;lac: 13e m-d
of Sul. lvisors said they slid not raced a ("1�_(A w', CVv- rel iiosc Ilac SPn (i("re)r nno +toll' C ouisc
arnl proven incol F.-m so he hjic'vcs t.i_t)A mW li: ICquirCd-
lialr "'Il WmS noWd Me_ ,a,oll GOISC C116WHIFICM! !COU" AMS COWVJl'C_t11) i CMI .. h-WRISC A
it,, ;rallsfe)rnlation 10 lCs()ll'-CC plol,Ctioll flit, \a[lou. Sllc nOICi.I the .il:�:llt?I i�tilirt .fUdLC
lyllwd the'ry cotild i,X polci tial ilalp".ic:t.i to-OM AWA ;e"ti.;i;11
George I'llill Ad hc "ns Riandy now in T&MIPHAS 0 hSlAW)WO1100 A 11W 14. h1olion Raniitlu
/\,>socialion and cchocd Ilan, iN/I(AVWwV s corrimcno. I hk is a Wmwin!; AN and all post 5 1 ives
mentioned before spke to hcIpW2 Sams and IJUIPW,0 We Q M111 1111i'll IV. I I"),"vevc I: the third
stakeholder is resjdents� or "00 of lh-eiu it) 11wir alCa Alon!, With o1hels h'< the IN"lin"i-s
Restaurant "ll-ca. I Ie said not c travc1s. and it is just a question of inq !*&a oppsed to SwP4 and
WlUlt 1,11CY Heed 10 SLII-VJVC. but he would IiI\C to luake surra�! 11"t, nllullg and noise are monitored
bccause Mice gwal 11 is loll,Jl to tal<C away.
Commissioner Corcoran SACd if Mew Wood he An lLclnalivc !Vli1 Iliwould propow that
wood he aweptame.
Nor. Hill said dicy are looking at the. combined decibel ICVc+,, that may impact FCSRICAILS at Pl-
Tibut-oll. Ile thinks Mr. Flah-Crty appears to bc. cxtrcrnely reasonable \,vloch lie appreciates, and
heIwows there is a vv%il)Avin her(--, but he V,',IS not 011V What the 1wlo noise IcVCI is, although no
one Nvill Want to listed to unr>ic al ;-?:00 Val, seven &I"Ms a vvecl<. While this most hl<ely will not
happen there must Some reasonableness- Ile \?vas I'rallUy more concerned about the Mina
lestallrant because they want to establish an oycrit venue there and nimi UK, more Inuge parties
and more noise.
Chair Williams clarified the request here is music, Sunday through lion, 11:00 a.111.
until 8:00 p,rir.. I'tiday and SaWay until 900 p.m.
Fd Letterer said lie has lived in Ili. Tiburon siricc. 2000. lie loves Sam's and appreciates the
consideration being glen M neighbors. FIC SISA'd to 100f< at [Ile bl-OaRICT picture for this is well as
other restaurants that avion be the Fainc. When lie heard about Mina's he wrote an
email to the N.Jayor and Couixt-rin-nber Jim Fraser and now he realizes he should have Written to
the Commission- Issues included muse lexels, closing 6111C. Valet paltirlg grid SCU&g Of a
dangerous precedent.
He was hofring noise levels Vvork out as Ic'sicicnis are Concerned "lhou! lJois", because tile)' are
right aCWSS the StreCL He rcherl-ed to Ands closing at 200 Ain. and nowd one of the main
nNcc6ves of the lown dommicrus was to maKtain A Ian d, ";iIi111.)c-1iI<e allno.'�phcrc. I he idea of
music irwil 2i00 a.m. Vwifh people congixglong outside and wailill,".! Ito valei parl<ill�, is rriole of
<111 urban crivil-olorient. 1w isle the Commissm to llliuk abol;t those .terms. Ile
Undcl-siands N-Iilla's be l-evw\vCd in A rivonds but. azails- it is hail to ]oil (Ihil-"12S hack-
olon-iissioncl. Fsai asked IM1. I'Clicler vdiat 1:is cx pt-']iencc has hccn will) and the plAyill,',
of Illosic ouls'idc as it IS indli nw�,
Nor. Letterer SAW Ile 11'as ll(.yCr laid A problem it. I IC "\a", lllu!k" Wlellin!" 1(= the c(Impl ill-ldull?
ell n and the precedent set, wit pow sally anolhur :cnaural-.-t �Misidc nook Q;i
lon�2cr hour,, \\hich cold sion6rill and he Ad& We ComHK"K,n P, WT W w immi,
Steve W`iscnbakcj said lie i�� al' alchilcct And d"Als \"il1 "'Iccil-cl ,iii 11w inicy. He li,,c,,. oll
licach R(Un! :Hid hy!W jS no (Hh' IWC Hum WINA"C hely 111 %VWHw QW1 AM Inq IMI&SI Q
ill"idv]lculk leccived 111fi-o-Inalioll ,Ihmlt llw ;uid conaicicd. Mi�fln,)(-)!s ,vcie
h0ffiliCd 1h.11 this kind or thing would be consul N Yning is wsclrlhlc�; under:ails cliahlill,L,
planning, and Zollillg lult-'s as llull' oli
,�aa . 11c thinks residentslKcd to have
the quiet. peaceful ClAjoyincrit of' tht.ir Maines al all lilies and [h."n dc'CL,; nild !�ajdcns dirring)
CVcm ru
gs and weekends are their sailorialics,
Occasionally. they hear "a party of d Johnyuf "a party (14, you aW is =Qalt M4 vay
MY, lbe) hear events 100 come across with music xRL illilorrininad lot of We -musi&' is
Very poorly performed Axith \,\;!It) (oufnsc volhillic allcril. 'I he noise levels
ovcr\.vhcho the quiet ambience of (he hmidc to (he poult 111,:[ `his is theil, atl[cillion
which they cannot get out of IMF head. Thaw is constant noise and rro"Twc to go away from it
except to go Wide.
He said the occalonal party is fistive and Qn_ but the cortyNni carnmcw5l nowp6sc of sound
and amplified ruLlSiC Or Commercial operation ;it the expense of'\-vashin,i_t the whole Sam's Side of
Belvedere Island with CIA MASMWe A LMMY&TINC. At We veru lCa,-,J, he wked to Continue, the
i1clo until he and his neighbors can spread the ',,\'old in ]hell. COMillilluty \vloch is a viable and
importantly connected part of Tiburom TKs probably impacts whav he lives as noich or I not
more than any place.
He invited Comnissioners to come to Ids housc_ he on Mir deck and lgmdm and listen to this
vvilh the idea that it was something 1-osicd upon tljc'n -.111d somcihij),L' they did not ask Cot 01
cannot turn off and get away Frorn. Also, Sam's is asking to have this every day of the week
until 910 pmr at night, so this will be every moment he is home alter work.
Chair Williams stated Mr. Wiscribaker was talking Am impmts in the present ((,rise as a
nuisance. She asked for his experience to date about music commg from Shm's.
Mr. Wisenbaker said they have Mod at 322 Beach Road for 8 -vnu> ,anti they eltown hear the
Music FrOul tile yacht Club and from sa]Ws Whcllcvcr there is an rvcnt. It is louder than lie is
speaking to the Commission now, and cannot he ig'llmcd, bill 11 :i��I_Ced it is occasm-)llal nild
should not he long'.
(Timir MAHOms asked il-this \.vas From IfMcdcre INS during Concerts in the snonvv
clarified that ugunly My ham mrw& Own dw vadu chih and Sam's Muwvcr
dicie, is nowic or a weddinQ, event, lie stir ssal limi llh- ;ictivily !'Join load bands
\\:Ili(.Il i, dilircult 10 police, would hk. cous1;1111. Their nlu�.lc (,;;;l hr pilvcd inside and played
\\ithotu, Lill]ph r"'ic"Ition and he 111111101 in Onc to `-crawl cyams, po"llo wyc a wvKxAd but he
NMI An it not he allowed ("very da\,
Corolrussiml,:j Coiroran said he IwArd up Ow locatho Q Q Woad dArs Knu W 522 13mich
Ro"Id and it jook:, as though ll: hvcs 11w cud of th�: pon-ii o`' lldwdnv JAHO. He nAcd
I he knmv "When or not A "ns coHling 1hu" Ow Sni Whqqw, Ka N Min or the whahbli
AM (TA
,i11,( j,"t C', P; ( I
\Jr. \V'j.xubak,--i Saul i1w) hem mcry event nial millouncemic"111 fill tahle: !'clll lus
chrilmlissmi-ter 11,-oIC(ilail askuki it'lic rcl ncm 1)tls 1hC dates lw Iwald music ho 1: Sam lietlicr
lie it was coluirw hom Sant s.
said he had no icas(vi to keep Inwk of taut trivil im) (lays :m-g) \vhcn he Aund out
abooll this
Janne FAA Ad she lives it 270 lBcnch Road and also lwmd Room t1n, i-iming totQ1 from
jicighbors because dlc�, \\uje not I-)mvkkd vice. She WhAs il'applovet.L th vvmI!d be hcalillil
JuLlSiC all day IOIa and do not v,;ant this and A lWals to be confined. She and neighbors
call also licol music across Hit, vvaler. pcoplCs Voices- and boats music On thlec-da"
wCACrids, but to Iwar it every day floril I I :00 a,ln, or) is a lot to CAIXU.
Commissioner FVW asked if Ms. f=air knew whether she Kull smirld or music commg frena
sa)Ws- ill parlicular.
Ms. Fair said this is hard to discern. SIrc knows for ,tire they can Iwnr 11)(" vacht club's bill was
not sure how rinich they hear from the downtown area.
Commissioner Twi adwd and confirined with Ms. Fair Shy" COUld hCar �01-lnd ,icross the cove
clearly- and Ms. Fair stated she needs to keep he]- min-ldovvs closed al](L a( tulles; even that will
not Nock sounds. If Qcrc is music aRm- 1100 pd" they cartrict AM until A stops; so noise
travels.
UOr Qllmms asked for the applicants rebuttal.
Rchum.d
1:1aherty stated his fist comynclit in response Would be to hopefully not Confuse thclir vvith
soma OF Ulu Am nuke drat P,C>. oil, whether it is weddim--- 1:t iday N2,hi,z oil \-Iain w oiher,"
1,11CY really ll\m to be good Citl;�Crrs and hopcfully they \-vould ]lot be pcilaii/ed 161 other looldcl
Music that rnwh( not have been bandied well.
I le Said the v have hired a sound consultaul, Charles Sahel, Iml he wanted Ill say. 1hCv \,611 he
wspollsihIc arld ale o1wil to to anv Concerns. I !c thinj's dwrc aw lu to\,\;)
and Sams has been dc,Q! ibis ;or N whdc alld it sounds INC A K ulkl!c cera mm" aboal -\\hal it
`Ouch he But, they \\,ill ho. I c�,ponI ;l;ilk' illid \Al ahid.c. h\ thm juk",--
v\Inch IS thc point of ohlaijurig IJ)I)l oval.
Ckmlnr:i$ioriel Cim-illail aski,"d J i"idl, FlahcllV knc\v \\11,11 (he d.itcs \,vc1c o): lh: llwic pcinuis I),'
jc(--,2ivCdI [Iwpwst sujnll]Cl.
"11, 1 krlwm, Said op,lathe as cams quo nnd MayinV I le can NY? Wwk m tu the daw\
dwv held live H11r,iC
Pod 1
Commissioner Corcmni-I smd he ilron',dit II)CIC CCIlan'. (I'lic-'s vAcl-C pcnilits were issilc& anti
Mt. I-klhclrY said \,\.etc n(Aw since he it.
Coinnussion,!,:r Cowman ;Acd how m;Mv dawn dw la! t 0 inonills ("I Mlcrc the,, 11"Id live
dl] Hagerty ,�Slulratc.d it \-vnS at least a Couplo' oI0/CH 01' Cvcllls Oil Fliciays. Sann-days alld
Surl"klys. 1 Ime was one tilue they had all cvk-'111 vrth Pro-Irry Nig,11I.C. on Ndain nild
orlwha time when he lyllves someone complWad. but they were actualh closed and it was not
[he.111 which he said lie could prove. He Coll i-11 riled Ill"! evcIlls \,\,Cie hmil arnpliflud and acoustical.
Olallcs Sziltci-- Challs Salter Associates, said lay: IS ;11) aCOLISIKcal Cllt111(-Cr Lind Conducted the
rrmsc My on Corinthian Want as well as ill(-, Water's Edge thi-cc ycars ago. I le was hired
by Watci's F-Age because of TO cmicun. there Was an alliance between
Salrl's and the Wmer's Edge to create a xG1win for music outs own and dre Water's Fdge's
cirstclmns not Wing disturbed by activity noise-
As lie previously mentioned, lie did acoustical in"swcmans 320 let a"a, on Corinthian
island, measured the noise reduction, measured rot 3 days, allihicut noise, and predicted 3 yews
,'1!2
0 that the MLISiC uOiSC Would 1101 be an haiwict. Men he has had a chance to w0cw his data
for the new applwation. he came to the sarme conchusion.
I le finds it very telling that the Watcr's Edge is supportive of this activity because they find Mr,
Haher-ty to be a vvy reasonable inclindual based on the music they have had during the summer
arod feedback from customers. Thereforc, based upon this, he is confident ;hat this can be .I \,cry
successful enterprisc, not cause noise Impacts to either those in (.(liimhbn Iskuld or We Awn of
Tiburon, Pl. Tibirlon, Water's I'dge, etc. and was available to answer-Lilly questions.
Col Inn issioncr Tsai said in connection with the study fVlr- Salter conducted he asked if he. did so
for purposes of dewri-nining what rinsic sound levels vvould be crctrtcd or for the purposes of
tllllhicjl( 1-ic.ople noise, based on that canopy.
Ni. Saltel lUpliCol Ill,a;
they 11clitializcd the calrkiP-v o+_OWstiUally I makin!.�, it ,oundahsoil-iing
and sound isok.0tin j I As CMUPY study identAbcd WE the CMWIIv! VvOLIld I,'-I-O\ RIC s,OMC LICOLISrC
sllwldul�-, lot the ruolw, at the �,Vater's FdPe because k woo right urnler tlw "in(knvs. And. the
cor`101)) \\ould no[ Sound to Corinthian Island lie \,\zIs able to o,,on',wic the Conillussioll
of this technical arIalym But cicarl),, three years zip, when the hearing ,ccwTcd peyde were
udkin�-! ,boort licalillp \or I mus noises and \\ilh lei lh!cc dans, o"I <nuolj- 11., ;Cit Cour J'orlablo-, in
\"hat thhclr that Inlic !)eo,wnv PIC "as AM to hnl! J; ihslcmq� to we
madc,
\Alr Sfit(-! elnp�-Ilhixcd with the "00 te"Aill"d ;\ho comccmcd �!hot!! ho',\
!,'Iid nlusic con he vcl,% disturbing, 'bul if it is 111c oa�\ il ,\o", ohlrj:q! the Sunljucl and I]'
!11c Wawl S 1 d!)". \\Ihi( 11 is 111c mood aIcousficall) i,co:ptill. is he lcck 'xj-y
1,11)1" that 11wic "6!1 not be. tI !Imsc
Col I Ii I I I sal If I I it, Simi, Ad mod an MMIKOK of M INC decd_ An and I MIJ01 no ado,
CICaWd ll(W�C,
V11, Salt"r .paid tilis is an excClient point. In lhbk&g abotll nOKC 01 RHWS MMI PO"WINTIFIV And
then thin( 'lhoul the load Speakcrs hccausc people corriplahrud linee years a.?) A= lwahli'! tile
ailHOWICC111c:W, on Colinilliall Island, and sarn�s q�.Iccd to slop \vilh tho.' loud spcakciti. Hicu
when ihnlkin:, ahnn unsic IWO A is substantially &Wx than pcoph: ialkin., noise. 'So to the
exicni ha! niusio- cxmalcd QO dnihk-.,Is on the deck, it would he :)n inipact.
("IcadY, at Comill-liall island they "mold have a right to complain if A mas kmd nnuc Y, !its
My Hwn ami his analysis loday conicnq,)krtc.s rnodenne sound levck Wrium: c1carly norucolle
("alluot caliv on a collVcjsation on the deck and cannot have co-exhig IUM11 "WMIS right they(!
\,vith load music. The only way, it will work will be. with luodertllc,, sound kn-cls of U lypc thal
occlared durin!t the Sulluncr.
Chair said Col the study done from Corinthian Island, slw, "Ishcd arld confil-111cd MI.
Salter v"n'." lisicnirip to me sounds and recording it for 3 days. The sound lie is lic',arm,12, x&, not
Icconod :is livc nulsic during the _33 days because no live music was heiu« pcHoinwol. She risked
if it \\as catching music being played on the deck via radios or sorricOung Ase.
Stiller said no, they heard no deck music but they heard all of the arlibient noiso load
sp"kan and music paitles in the area and not frorn Sam's chrring,, that :3 day period.
Chair Willituriti said the poke at that lin-le was m tri-ids-starid he current situation aird Annyinc
the iin1mici of the canopy and di musing or minimizing the sound hripao,
Coulnlucd. He Said the issue is noise impact and this; is defilic'd by codjlpimllI_�. the
IMSOKIC WAg FIO&C m the new noise. If there is no Change, then theic I,, n(I n0lsc llilpI-ct,
( orunn.sSioncr Jg& Ad as an acounkal enginceq he asked "tat NK Sailers Asnsulcnt wn� as
in "An conyinncs Kau a decibel perspective or "n-loderatc" sound level.
N"Ir. Salte"r said \vhcri Playing nwsic on AM deck and as a inydi, peqdo: in IN \ Ong W ilre
Call\,illl! )JI have to raise their Voices if dicy arc talltiil�,J lall)(1 th;ln jli:-t
At a ccomn pWjj!_ (tarjjjot rake dick voice loud moll hn or My mop Wdqnq th) hoc M
voicc m !hcv So. he vvould sadInod( late nn&c imse oii the deck "ould V W70
AL MIS A n-lusic so poldc" are siItjllP,. 111CIC CHIO1;Ill ' 111C cjll;!!W Of hill >!111
alit' lo �all \ ;u O)Mcrti,ltion. If that sound level 11c jilm, d(' iikcd lw(�Idk, X11 1hc
kd!�c \%dl ll(,l I)(, disturbed and the rloi(�(! ior pcoplc ou (''oin)[hiall bC
NQUalk ina(iohl)h, to therm at this modclate level.
t_.I(a I ajkf,:d I!- this "Ns 6000 decIds in rillition k, it 1100C All tntn &II)
x a C t
(")m!ill'—w1wl I( �,.c)undn like MY SAWK swdv "to hHwnl k) Mwi 1 do .W
l!)I'll J �lld jlcasked ifillcle ws"le PWI%Cd,_r.,
W (,, , 0 \'I'.-H)N j,"'XI '�'I '20!' I I'•_I i Pod 11
NO Wwr Ad mr hc "as told at that Inne in Ryus on Col-ill(Ilmn Island )ccause of the lino ')i
Cll;m \V:lhal'w" ._lskcd if N/11. Salter had an opinion, kno\\il= where Rclv"'(Ic:]C lslancl Is a)
lclatlorlsdlil) I(' ("millillian Island,
-C is all issue in the san')c way lie does not Mink thae is oil
N'll. Sallcl :�a!d I)". does not (lie]
is�'uc' ;it 111, Tiburon Just bccansc of,the shiciding and distallce-s. People Im'v" CXplcss'2d couccill
and 1h,"l-C "HC CCWnH auras he would have the immi concern al)()nt which 110 jj�JS naInCd
I !)C[',,' al", ollici 'lleas whcrc people have concerin and he just does not think thicic \,\ill be a
j"mhh_:n1 )soul Iles particular
Chair Williams Illankcd Jvjr, Salter for cxOWnWg his study. Sho colifil-Itic"d for the nodicncc W1
the Commission llns read the RcIvederc letters.
Com n I issioncr I sai said he thinks Ihc issue: of, the c,,.inopy pre-dated Mr. Flaherty's ownciship
and he asked if he has consix1cmd the installation o4' the Canopy foi- which Sall) S lk"C'eived a
pCilint to install.
NO We, said thmi have considered it but the permit has expired, and this is nywhim.
vvaici WJ.S' not in la-vor oj,-.
Coln m i ssioncr Tsai asked why they "vel-C, oIlj'_)oSCd to it.
mr. Flallcr(-y said (111C-1,i did not diSCUSS Sp(-'CifiCS: but they WeM Wy opposedto it and hC chOSC tel
riot f`uj'ht them on this.
Commissioncr Cam-an said he thinks to concern Q to Wm,r's E-Age back then ww; that thcv
kelt it \"ould incjcasc [I)c jioisc Edam more people being out on IN deck later into the cvcHh
Ndl. Hallem: said Illis \'\ould be consistent will) bis chmasions with the Justin, dw Hymdg!
ill(-, honi.s bcdlz�!�' the prilmlry issue.
Chair \Vljli,nll" nolk--d Ilic cajall)\ would allow dhdHU-, SWWW Oil[ Oil [lie &Ck Id[Cl [hall ih-,:
Il UIS !i IWFU ;NaCl 'dlC' ICCal!ed 111:11 Was their P".mmy CmIccril back then. Rclt!ajdi!w flolick,
to I;k2i\'!dcic lc.-':delis she a�A,�dl siaffahcmt the I-Ccluncillcilt for notice to Illcill.
\1�' 0 VIjH(,\/ '-1I)Iji1)"-d lwticclS 'lic SCl)l 10 oml("ls j 30() foot radill�; horn the at
""- \'l;'l1;1 Su-C"t, did al",() plhli: h '111 alli :le in (he Ark FhC All" 111c
uOtil"C tic, "\ccks in ad\alicc hut due 10holida,,': suliech ding. 1 is a bit Callic 'lr. sialihcu ;cnd"'
oal the lolW ' i'\
� O in advailcC. I() ploj?crl�\ (Yvvnc!�) hom ihU lwaml� &1[:'.
han V ihcn djchhclalltm In
\ i I f`)[ i 1 1,ivy;
( '011)1111-S:.Imlci I >;n %';nd lion) cons)(1clatioll of, [Ile (11), !or the Ndich:lcl Mini ! pwwct hi-, �lskcd
'Ind col0innt'd " inimills \\'Is the tilliclinc wns Ivr Suhset-ILICIII Ic hi.-� leuhlli! 011
c
this ')s III irlili"d in"Incl i:� that he i-s guided a lot by \\'hat has llis'oi icall": Ini-n Ilic iih
respect to ".\:11:1; Slim S has donu- file Imisic pl"iyCd whictlic; by alni"';Alcal)(W t)r Min ;Implilicd
;WMISHCal �o)nlld�
\V'hat he 1'-; nlost scwitivc to ale those people who live We Wen, \VhcJwr it is in a inked t or
I)Li!-,:! rCSidCnIiaJ ;11Cn I,,, \\,licrc, the', head some or the residents hTyp WhAne which he "ns
1`). Hui. ht,- 1dso h'I" not Illou"dit about \-vhal impact it Ini'L)III )avc ()I', (hent ul 1k) :loos,
Mu cmc11ndc; the cilctillistalle.cs. a reasonable CUP that allows for �oulld is �-oll-l"Ihilw llj,ll IS
not onj.v "xiihill tile 1,nlidclines to ask We Commission to Kok at but is An cmisiswin Alolicall",
with \,\h:o lia pec rl the one at SmnV In his mind and especially Irom vN hI i he heard loday.
We has not Well dIC Of S01110 that would rise to die level A) what "could bc a runinnice such
that jiro"Idill!z ;i CUP essentially puts or gives the force of Ow now iwkQ, ;.ii :allcl" ;"Hily
part ol-hic- and he thinks this is signilic"ant-
Given howuvcr that dicre is some degree oftiricel-tabily as W as wAh the INTiclacl Poeta lroject-
the Corninis.sion jtisi does not know We precise dimensions and the annaynnatitm of onmd oil(
there and Ile thinks this is hill)OI-tant for the Commission to think about. Whai IMM. Salter pjjid in
terms of, 11-lodeiatc s0LII)d is important, CXCCI)t that there is no limits on what the decibel level
would in it' dic (W was graniod. So, he wris in ,favor- of tile (11 ,11 but he ask II)c
Commission to conWr as an arnendirient to consider a similar type ill'sunsrt 1'.'View ',)oil) lor
consistency and also to recogize that hiS1,0FiCaIJ)' MLISiC has 1-ict.,.ri played.
Lastly' he did not mention what people feel about Sam's. The reason he slid ]lot 1-nCritioll it is Illal
It i� a t-,jvcri Hl it SmIs is an institotim the Awn has to protect. lie thini.,s this is really'
about is just Inakinz,.1 surc that under these eircurnstances and he applauded the ncvv oviici 161
subilly how they can hwilkatc the continued growth of the dowmowrl We colwbuoa to yNwcj
the valid cklo(crns of the resident s and of those in Bisivederc,
Am VqHiamn asked if(Aylimissioner Tsai would like the Commission it) adk] ;I cojIkjj(i()jj fl), a
1111-cr-Illonill 1'.k. iu"v'
1.or-I it�6)llcir i sn 5alCl three oi six months ,\ould gbe Sam's. to Me (man on nhaq, 1) m)!
ha slcnls in phico to In able to consider whether some alicill"Ilk(- to 'I, w'tp"e nln�'hl 1-e a
"01111d dawpcnnn,! nwastirc or "Outer QCV "Oil 10 C0101% diffeicni I!(. w(),,ind iii--ihcal it, tilk, inlIt" to do this alnd \\onld In cminknaldc "Oh Ulu,
lic helicvcs ir tile dran ycwhi(mrl taw is i mwllh ny\
!-juci.nls IlIc" 11)(cildc'd to din that Ile Ihankcd [lie ii1qdWain and sud he had hin :vile irnal WIWI
n! WAS 1 IMAM Apo. It is in institution and ;i \,\,onderful pkicc. I ]c ihiinl\., '\!it h,[ ! Milli) l:l1lHHq'
Io 1()\\!l is j \VilildClitil thin!) ilmi ilium is a tin ofencry, aNno A. 11t; "Owd W 1) on Ilii n.
'1[ Ilii\ iwt) Ill, Ji11\ww."'!I and !I,\:, works jIcI-C7 spcildS a !of of llwhc!'� ind 'JW""��) dlat III('
ill div".1)kW'll \\01-k 1M)d to Inakc a I to of it, ll: Ca i; illi'
Ci?Ilaill�'al`: .Ilii I I c C c (I I c;i i.Ise Ii is %e j-V; h c hP.h 11 1.I !11 l.l11 c IS I I,. c I I 'I c
of inlelus(n: CCOHOMIC Vitality, plovisions Iol (-'ni(,%I:;u luncul to!
rmynts wit1 vNiors nih! nr dic srime unw MairchT pcyc and quiet and wrimmable pcoldc can
(1111' ! on ,\hk_rC that 1"Inds
1-,.1cce(icio. the Commission ImAs at each aildicMiTil individually Y) he "vis not
coiRmut'd ,)bout this ilnpnclin�� a Cuture application. As far ns San-Cs is concerncul, this is it very
dilf,c1cru type of appiic!llioll I'loill whal. happened 1111-cc years a�_)(). 'I'll, illailt (hillL, lic is
con,,,:rncd with i�: iho mwidl it would he okay to have this music and tl)cl(, yvitt hc a six, im)JI111
ivvicin IC it is a rLnI pi-oMem. then staff xWH hold a hemirta bckviv that tittle. as well ns winn1wr
hwumg 12 nmmhs how no"M there are inaws in Ax months-
Ile <:skcd whollcl the (.,ollullissioll should aIpplovc what has been proposed here Of sornclllin2
more resnictive, Ile asked ihc applicam who he was looking, lot- l.vhich is sonrethirre not (que as
broad as Mat was appAd for,. and said he corrioudy understands the reasoning for 11C.Nihility.
But, if' (he con-cein is I'Ial thCY \,\:�unt Inte afler000n nude and mostly weekends he questioned
why the Commission should oppove somohirig that would provide a tremendous amount of
music but not. that it \,\,ill hal)IM).
Ile thinks the (firesholl in vvIrcilwi: the application as Proposed is what should be appiovcd Or
posphly as an What! nep sommhQ? a bit rnorc restrictive in terms of hours per day, days per
VITC), al)(1101 till',L: Of' -Year. Overall. he Qh*s A is a good Mg and A can hell) adn"c norric
grease)' vitality ill town. ill lookiin), ,,it the Peet's and Nugget shopping center no\\;, it was a
completely dcwl area of town hc1bre Paradise JNAarket came in and PeeCs took over I-roin
Blockbusa:r nild it colliplClud), revitalized the nrc;'i which was wonderful. he, hopes
Minds and Sailfs does this Ar the downtown. It would be a wonderful result but at the same
time, thcy vvalrt to addix4n concerns of wsidents and not. make hit miserable for them W loins of
sound.
Chair Williams ihn)"ked cvclyone fi)r conung ((,) (be meeting and clarified W just beannu she
MOViAl the process alou,.,, slic not lbcuq. dismissive. 'File Commission lc;[(Is all that
cont: tel thou-1 "Ind lakc, cvcnoirc_:; I)CISI)Cell"ic, ver>y seriously. Scvcral people have mcnholwd lhu,
dil,filcull ha!ancin', <:ct .11ml it in \Cry dilhcull. In the Gencral 111LIll �loals aIud policic:, the
Commission in a.sk,,:d to \\ci!_'h the vitality and vibrancy of the downtown tilsl!M \villl
Prcsct!-Va[ioll ol'sniall lom'! 1csitR,,ntiA_ vilkigc-likc cl-rarum of Tiburon. She loves the Wt W1
I)NII-01-1 is quiet .rlld i-w.l, chrl n lot to ho nrld iQsidcnis_
slit' hels on 111c 1()i ;Iboul I_Jvc yc_"s and her sense is that the v have Well Ill nc
It} !i'slCl�'ilt` i ilic 1),isl p( ;ihk nt the ,xpellse of t1w doNvloo"vil (how 1 han=
hCr incliwition n, it) u,, "'onwtip in!, lit lc dii,fcrc�lt. Some peop'le said it is ll<urd to wl�iH in
sollicilul"!, illn! hw,,. hc(-:P !)lit thi:, is vvhy thele is a iuvicc,v lt:11ml. 11 mc
Pro,I)icnis- Uw (imm"mm w can clum., dw :owlihmn of use.
She
I it,_\ ha"": iookcd [),:ck � it 11:1-, d, le and in fharic 1 Ii
W .. -) stfj)!)t)ll Ih,: 1 :1) hue !)it , ith noisc nrld tic i;dlhol k,�mu
MUSIC CI-,Y iH and dati Wit F01 s1`, Ilmilill:, \\oIlld not i)'-' 1111 She (.It(] 1101
think Hicy _Vera plaimill!) on dom"! iii,, to] cix Illonlil I lieleirm-', she w-ould be inclined
to provide lcc\\,ny hul have an ;Il It":! IC\I(,",\ pmod,
I lavinil said that it sci,.!Ils 1"'li)k smn-'ht 161\,\�Ild in 11-insic -Ind Coining up with sornell-iing.
that is !Casollahlc and \\hal vvork-,. vonld hr MCIII)Cd 10 d() a 1111-CC-111011th FeVie\V but
possibly more cXp.'.InsivC-
(Wovissioner COYCOI-Ml cchncd (lu'. s:1111c, I! iti mid jillisic will Illost likely he over
the sunlincl. During 111C .nisi �am's ,ipplication. he WhAs My so a roview W was riml monks
later alien 1hC licalill,
,� date hucanc,c :icy vwmwd N smnMW CXPCKWUX. Ile would be in Rinar of a
Imign- i-evicw period to capunv the swun-in. Augum aml Scimcnihcr "nuld be a good One period
for revievv and thou',dit pcIllaps ihcv, sho"'Ild ollovv wcukolds No now and Men We nu liths hurt
now the Coll-inlissioll ",uldress whethcr to L!o I'l-orn vicckc.nds to vvcckda),-) as well. Ifflit"re have
been no isples, Men Wc.v could Al weckdays as well.
Chair Williams agreed a longet"vvic", xvoWd caWuw suivincr numls and likely Gem \ill be
music playing more often. if' ilium an 0 1 gnificant c(>rll.plailfls. it conte back to the
Commission prior to that wvicvv period. Als( , it is veru important Or peopk when there is a
noise issue to Am# We somve of le plobluni hicamw mmicthini) and thinking it comes from
somewhere. is V(!IY difficult to response to, and it is not .lint it is not a nuisance or a I-CL11
aruloyance, it is just difficult.
Commissioner -Fsai suggested that "or starters_ ll:- thinks vvhelfici it is a longer reVew period or
an ROOM mview period that captures the suminer ,.voidd he appropriate. Having the
restrictions as the applicant Ins asked would also he qqnqwW. Ile cones-til he has is that even
the applicant probably
y does not knovv CXacily when he "WIMS the MUSIC 10 be SO this Will take a
bit of trial and error. /\UIoIHaLICalI)1 placing the rcstrinvyi does not suit the Commission's
pm-pose.
One thjn�(4 111,11 VV01-Ild addi-cs') 111c onc 1s5)Llu 1,, 10 ,ICHIAIV 11M C, a SOUrld sti-RIV (lonconCe
the nWAC has hCCH plaVCd I)CCaLl-)c tll(-'!C ;II-c dillcl('11i tiled there Illiaht he diff,(.1-crit
circuri-istariccs `d.%I1CI1 sound is hadcr or softci- It Could hr ilicic mc less people an the deck
or potentially during a poW tddw day "Un dhic is H"ov or ins No, Wn they actmilly swit
sccillL? (Ile 11jusic clic(] dc'. to 11w ,,.-Xw!1t 1hc'y cavil 'Isk ill(' aIpylic,,Int to do ,t sound Study
y ('11)(I
incorpoialu HHOX C.Xpari�lvcl.v \\hcrc lhc\ aw of lll:lt sound lll!' such Cls
-hw� \�,�llld 11wil pwvidc Ino!'- dala poi!lts (]Ill
,Icl-oss (Ile covc "'dlich -,iliplisillI2 to hil-t) 1
"N,ould assist in l subscqu�"nt ic\\.
(.,oll-Inlissioncr Colci.Mlil -,Iidl jl;" hk,,�s lh: hil i5 nlindful of the cxpcilsivC
in,"olved for U move collylulwil-,i\c Ic6.-N\ IN, ijlo;, ?hi sollic wli ofaddi:%oi)<Il data revicv,
\vlmid be he!p]III_ but lic "Jid not kno.,v it Iwcdk.d ((11'ca jk " xv\,
Chlir Xilli:lills sad she: d1jill", ik.", 1-1.1\ l)od h,Ic (1110 it iS sil, ph; !Ccordiriit Ilic
SOMICI \\ith \�hich J :,til Ix C' 111 1 C pP'-,v[o(I:;
Commissioner ink agmcd he \\Ns Wo) swimnvc In dw, and \Vould not ttvant to !)uil( into Ific
ICS0111tion "olnctl: I)w thai lllakcthi" ik)o ;1 proposition. Bill, noll'Ic, Sol( of I-casonahlo
swdy would be iwp(lomi hm"Isc a ",Ad juvAdc Mc Comnlission NO Aniquiont data and also
vay HIII)MAillIlk, il \\0Ldd :1 i0j,C' taV III ak!',J]CiSi i lo c0l)CCIIIS n6p11hors have. I ])in vvould
include llcnrbj 1)cwhhqs NS "UH an McdMa mmuclov l-,vc1l it it means that sonic people s
IACWS Might 10 Ooll,!-,, and po>•;bk it i� Mha! cxacdv vvllat Ndl. saltor. to the extent this is the
cost, N Sound slu(N cmi a W.P \,q I 1c thiliks it (locs hcho infol-In the CornjnisSkll as 10 Mat
IS appropl-Into. Ill 11 tat c.i!c--,a)Isl;1ncc
Chair M H W m s a A cd 4 C o n mu n j a w 1 1 &A "a n 1 a I I h I v c additional days f b r in c o rd i n g s,
Conninismoner I s_6 stud ny lw vomki mq "am in encourage the Comnisskm to set any SYMI-ic
or micro-conclitky" Ag a >Wd.v bw ank JW aNdicam 10 CMWUU a reasonable study and leaving it
to bun to do so Mile nlcolpolatnq to vwwpoims of other nciplihors in that process-, and the.
("orninissiOn U111 ice What thc ],Slllts at ill the llc.\t 0 lilonths.
Chair Williams confirnicd (till" IlIc Commission lla-S an Ll FICIC'I'Stal Kfill Of SOLIFICI for (01-111thiall
and Watel's but they arc lookill- at otll�l alt2<1s 111) ctcd further away ally by louda y pol
rn
Comn-Assiorim- Corcoran said if ily! Con-ilmssm sets a reviem, for We i-nonths and re-mview it-]
September and it ihere hNve bccn, no complaints m possibly one or 1-vo, lie thinks then it might
not evs-i be necessary.
Commissioner Fs;.0 said this vas 1H)t ttvilal lie \,va", proposing) but lie liked that idea.
Corninissioner Common Said he %OLI1d not suqqoN a sound StUdy at each review. The condition
to be added to the, resolutioll iS that thel-c he a Ivasonable sound study if determined it is
necessary- and for A to be pmvdcd at ('01UHASSAINS Yeviev, period of September.
Corrin-lasioncr TO sulqwnud this hm he d4mgh WC 0111),' iSSLIC VVHs VVficther it WoI-dd Me
sure to hold tvvo rmic" pcimdn. oly at three or mx inonths or ojl-� at six months and [line
months.
Chair Williallis ,1tNicd I)CI pI(,'1-cWIWC '0.1, lol moi;ihs vvithout a so,;nd My Which goes Ono
Wa)nicl lllonihS. I 11i", '.,\ill play idl ' lil ttinit" N." to \,.Jlcdlcr '-I sound study is \,val-ranted. Ai
ill(, lime-nlont'll pci Ind. dic SIIJ\ k-m!hl alld tilt Collllnlssi� n call addl-css Ibis.
Con lin I Ssioncl C(1!( Olall ilk' 1~1111HUl HKIMIP N six.nionid revie", and then at that
tinle. dt"Iernilm'. \\hc!h"'a amoh"I ont" 'c(titit1111,-Y Months later and �mlnd study.
Colnillissioll"a 1 ;tlw itc ih,, ddlkm of 'u tit;to "At thilt 180 JI\-
lvVie" p(a Ind. 1111' \\M:1('� Onmdt, lilt- rltvd fol any sltlics to be donc ' nnd 110
Sound slud\- I)IVSCl!Wd a1 IIIN! !1!�,lc
Hs 11,01' PI i 0 'c,. I A)
Chair "Alliams Nd it Hv M div ic\ w" 11K t -Huld,nnil twuld dc1crillill(f """llcillol a sound
study is ncccssaly \viuch Ivould he dolli' thc si:,-InonI11 r(niic\\ period "Ind then the
Collill-lis"ioll -,voilld takc !I upl 11 ill, ol W;�!
She asked if'thicic \\as c :ij:,CWon I ilk" ill]1 lll�� pi �poscd. ,tai her inclination is to !)rant the
CUP as PMPMC(I.
Coninlissiolle., Tsai voi(.' 'l his up poll I"! IIW. Ulldk'l 111C, CiI_CL)n_IStaIlCCS, this I)YOVidcS
the applicant is trial iind 1vIi(,)J lk, ti\hcn d"k, hcsl c i I.C.I.1 I'll, .
slallcl'�s are to Play 111tisic
and music that is consi.,,.t�.Int \\wi t pmp;).•klw y\hwh hc viNdwd and also the ability to work
With leis -in(I ;,I u c
ghbois to I -�c Ilmt inak , ih,! !l
Chair williallis noted io°llc clwjti "poL, :iholll jwl'siC jfldyin,? 1*01- ninC hOLIFS SU-cli,11111 and she
explicitly \viwcd to say Us is not (lot "Wd he acceptable from opening to closing.
Commissioner Corcol In l,21-ccd Fwd .Iii,.) oul lhaf ll the Commission is back here in six of-
One inonths, any ndghNws rcwhw! nkml Hu', In Ihc ncvvsp,;p,,,r, it would be WON if here
could be smile piv6se bcdhwk ,ihmlt nmmd comkg from Sam's, as there yms a lot
of corrimmmary abowit gialwind sound too K "oq hold to detclilline Whether it Was Corning from
SmNW4 or a party at the San lqmmwo Ydrill (IM or ( onnthlan.
As to, the proposed resolution. he pvopl).>c(! 11"'ll ( ondition No. 7 on page 2 of the proposed
resolution state: WK 0 A' shall he ivvw"od by Ic ITIvining (Wric6ninn at a public hewing
in=approximately 180 clap thon Tu W of the Wil appRwal 1whod, The Plants ng Commksion.
following the public hearingn ,hall hn", I& am it H-v to add or nioclify conditions of approval or
revoke the permit il"(1cci-ned I awed. or dc!C! 1M R! i I'a "otinc
Chair williallis and Conui-iissi,mci lqw W"! support 10 Te wiciltimlal language, and staff-
concurred with the ajncndnwnl.
I
AC TfON: M/S o ll . jcsohllion coll-ditionally approving, d", Use
11crillit With lrlodihcalioll� Is 1!
ADJOURNMENT
11C PIjmUnRCAM1mIUSQUP !Id.jMPHW enc PhAiwq! H (KY lim. hg.l.w February 13, 2010111annQ(7,
Collimissioll Mccl HW.
i i� A \V11 I IAN;]�) CHAlk
1 ihworl ITI
ATTFS1
;NG__j,�,Vv(),N-: Sl-.Ul2 i I R
RESOLUTION NO. 17-2010
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ADOPTING AN AMENDED POLICY FOR THE PROCESSING, SCHEDULING,
RECONSIDERATION, AND STORY POLE REPRESENTATION OF APPEALS,AND
SUPERSEDING EXISTING POLICIES
WHEREAS, the Town receives and hears appeals from decisions of various
commissions, boards and administrative officials from time to time, and
WHEREAS, the Town Council has adopted various policies over the years with
respect to appeal procedures, scheduling, and reconsideration, including Resolutions Nos. 2878
and 3218 and Town Council Policy Nos. 95-01 and 2002-01; and
WHEREAS, the Town Council has determined that it is timely and appropriate to
update and consolidate these policies regarding appeals; and
WHEREAS, the Town Council has held a public meeting on this matter on March
17, 2010 and has heard and considered any public testimony and correspondence; and
NOW, THEREFORE, BE IT RESOLVED that Town Council Resolution No.
2878, Town Council Resolution No. 3218, Town Council Policy 95-01, and Town Council
Policy 2002-01 are hereby superseded by this Resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Council of
the Town of Tiburon does hereby adopt the following general policy with respect to processing,
scheduling, and reconsideration of appeals and for story pole installation for appeals.
APPEAL PROCEDURE
1. The Municipal Code sets forth instances when persons may appeal a decision by a review
authority(e.g. Town official, Design Review Board or Planning Commission)to the
Town Council. Any person making such an appeal must file a completed Town of
Tiburon Notice of Appeal form, available on the Town's web site and at Town Hall, with
the Town Clerk not more than ten (10) calendar days following the date of the decision
being appealed. Shorter time frames for filing an appeal apply to certain types of permits.
If the final day to appeal occurs on a day when Town Hall is closed for public business,
the final day to appeal shall be extended to the next day at which Town Hall is open for
public business. Appeals may not be revised or amended in writing after the appeal
period filing date has passed.
Tiburon Town Council Resolution No. 17-2010 03/17/2010 1
EXHIBIT 6
2. The appellant must submit filing fees with the Notice of Appeal form. Filing fees are set
forth in the Town's current adopted Fee Schedule.
(a) If the applicant is the appellant, the remainder of the filing fee(if any)will be
refunded following completion of the appeal process. Additional staff time or
costs to process an applicant's appeal is the financial responsibility of the
applicant and will be billed per the Town's current hourly rate schedule and/or at
actual cost if outside consulting is required.
(b) If the appellant is not the applicant, then a fixed amount filing fee is required with
no refund or additional billing required.
3. In the appeal form, the appellant shall state specifically either of the following:
(a) The reasons why the decision is inconsistent with the Tiburon Municipal Code or
other applicable regulations; or
(b) The appellant's other basis for claiming that the decision was an error or abuse of
discretion, including, without limitation, the claim that the decision is not
supported by evidence in the record or is otherwise improper.
If the appellant is not the applicant, the Town Council need only consider on appeal
issues that that the appellant or other interested party raised prior to the time that the
review authority whose decision is being appealed made its decision.
4. The appellant must state all grounds on which the appeal is based in the Notice of Appeal
form filed with the Town'Clerk. Neither Town staff nor the Town Council need address
grounds introduced at a later time that were not raised in the Notice of Appeal form.
5. The procedure for presentation of the appeal at the Town Council meeting is as described
below. In cases where the applicant is the appellant,paragraphs (c) and(f)below would
not apply.
(a) Town Staff may make a brief(approximately 10 minute)presentation of the
matter and then respond to Town Council questions.
(b) Appellant and/or appellant's representative(s)may make a presentation of no more
than twenty(20) minutes and then respond to Town Council questions. Appellant
may divide up the twenty(20) minutes between various speakers or have only one
speaker, provided that the time limit is observed. Time devoted to responding to
Town Council questions shall not be included as part of the twenty(20) minute
time limit.
(c) Applicant and/or applicant's representative(s) may make a presentation of no more
than twenty(20) minutes and then respond to Town Council questions. Applicant
may divide up the twenty(20) minutes between various speakers or have only one
speaker, provided that the time limit is observed. Time devoted to responding to
Tiburon Town Council Resolution No. 17-2010 0311'712010 2
Town Council questions shall not be included as part of the twenty(20)minute
time limit.
(d) Any interested member of the public may speak on the item for no more than
three (3) minutes. A speaker representing multiple persons (e.g., homeowner's
association, advocacy group or official organization, etc.)may speak on the item
for no more than five(5) minutes, at the discretion of the Mayor.
(e) Appellant is entitled to an up to three (3) minute rebuttal, if desired, of any
comments previously made at the hearing.
(f) Applicant is entitled to an up to three(3)minute rebuttal, if desired, of any
comments previously made at the hearing.
7. The testimony portion of the appeal hearing is closed and the Town Council will begin
deliberations on the appeal. There will be no more applicant, appellant, or public
testimony accepted unless requested by the Town Council.
8. If, following deliberation, the Town Council is prepared to make a decision on the appeal,
it will direct Town staff to return with a draft resolution setting forth the decision, and the
findings upon which it is based, for consideration at a future Town Council meeting. The
decision of the Town Council is not final until the resolution is adopted. Alternatively, if
the Town Council is not prepared to make a decision on the appeal, it may:
(a) Continue the appeal to a future date;
(b) Remand the item to the review authority from which it was appealed for further
hearing, review and action, with a specific description of the outstanding and
unresolved issues and appropriate direction thereon; or
(c) Refer the item to another review authority for its review and recommendations
prior to fiirther Town Council consideration.
9. Following a final decision by the Town Council, Town staff will promptly mail a Notice
of Decision to the applicant and appellant.
RECONSIDERA TION
If, after the Town Council has voted to direct staff to prepare a resolution of decision, significant
new information comes to light, which information was previously unknown or could not have
been presented at the appeal hearing due to circumstances beyond the parties' control and not due
to a lack of diligence, the Town Council may entertain a motion to reconsider its direction to
prepare a resolution of decision. Any such motion to reconsider must be made prior to adoption
of the resolution of decision, and the motion must be made by a Councilmember who voted on
the prevailing side in the vote sought to be reconsidered. Any Councilmember may second the
motion. The Town Council may consider and vote on the motion to reconsider at that time, and
if the motion carries, the matter shall be placed on a future agenda for further notice and hearing.
Tiburon Town Council Resolution No. 17-2010 03/17/2010 3
SCHEDULING OFAPPEALS
1. The Town's policy is to schedule and hear appeals in an expeditious manner. Appeals
will generally be heard at the first regular Town Council meeting that is at least fifteen
(15) days after close of the appeal period. At the sole discretion of the Town Manager,
the Town may schedule the appeal for a subsequent Town Council meeting based on the
complexity of the matter, availability of key Town staff members and Councilmembers,
agenda availability, or unusual circumstances. Town staff will make reasonable efforts to
establish the hearing date for the appeal within three (3)working days of the close of the
appeal period. The Town Clerk, in coordination with appropriate Town staff, will
promptly advise all parties to the appeal of the selected hearing date.
2. The Town Manager will grant requests for continuances from the date established above
in the event that all parties to the appeal agree in writing to a date specific for the
continuance and that date is deemed acceptable by the Town Manager.
3. Attendance of parties to an appeal at the hearing is desired,but not required. The Town
Council will consider written comments or representation by others in lieu of personal
appearance.
STORY POLES
For appeals where story poles were erected for review of the original decision being appealed, a
story pole representation shall be required for the Town Council's appeal review process, as
follows:
1: A story pole plan showing the poles to be connected, including location and elevations of
poles and connections, shall be submitted,reviewed, and accepted as adequate by
Planning Division Staffrp for to installation of the poles and connections.
2. Critical story poles, as detennined by Staff, must be connected by means of ribbons,
caution tape, rope or other similar and highly visible materials clearly discernable from a
distance of at least three-hundred (300) feet in clear weather, to illustrate the dimensions
and configurations of the proposed construction.
3. Story poles and connecting materials must be installed at least ten (10) days prior to the
date of the appeal hearing before the Town Council.
4. Failure to install the poles and materials in a timely manner may result in continuance of
the public hearing date.
Tiburon Town Council Resolution No. 17-2010 03/17/2010 4
5. Story poles must be removed no later than fourteen (14) days after the date of final
decision by the Town Council.
APPLICABILITY
This policy, while primarily written for use by the Town Council, is intended to apply to the
extent practicable to Town decision-making bodies, other than the Town Council, which may
hear appeals from time to time. Be advised that certain types of appeals, such as appeals of staff-
level design review application decisions to the Design Review Board, may have different
deadlines for filing of the appeal than the ten (10) calendar days specified above.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on March 17, 2010, by the following vote:
AYES: COUNCILMEMBERS: Collins, Fraser,Fredericks &O'Donnell
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Slavitz
CHARD COLLINS, MAYOR
TOWN OF TIBURON
ATTEST:
C
DIANE CRANE I COPI, TOWN CLERK
Tiburon Town Council Resolution No. 17-2010 03/17/2010 5
7 NOISE ELEMENT
Traffic on U.S. Highway 101 and Tiburon Boulevard is the primary source
of noise in the Planning Area. Occasionally, aircraft flying into and out of
San Francisco International and Oakland International Airports fly over
the Tiburon Peninsula. Other noise sources include garbage pick-up;
construction; delivery trucks and the commercial activity Downtown and
at the Cove Shopping Center; and boating near Downtown.
The Town does not have a Noise Ordinance. However, the Municipal
Code limits the time of day that commercial vehicles, including waste
management trucks, can operate in Downtown, prohibits the use of gas-
powered leaf blowers within residential areas; and bans jet skis in Town
waters.
7.1 EXISTING NOISE CONDITIONS
Traffic Noise
Government Code Section 65302(f) requires that current and projected
noise levels be analyzed and quantified for highways, freeways, primary
arterials, and major local streets. The law requires that noise contours,
shorn in terms of community noise equivalent level (CNEL) or day--night
average level (Ldn), be prepared on the basis of noise monitoring or
following generally accepted noise modeling techniques.
The existing and projected noise level contours, based on existing and
projected traffic, are shown in Diagrams 7.1-1 and 7.1-2.
Aircraft Noise
The California Division of Aeronautics is in charge of enforcing airport
noise regulations for all airports within the state. The noise standards
require that no residences, schools, hospitals or places of worship be
within a Noise Impact Area. The Noise Impact Area is a line around an
airport within which the noise level is at or exceeds 65 dB CNEL.
At the request of the County of Marin, San Francisco International Airport
has conducted noise measurements at Tiburon, Bolinas and Pt. Reyes to
quantify aircraft overflight noise. The studies have shown that noise
generated by individual jets reaches maximum overflight noise levels of
TIBURON 2026 September 2005
Torn of Tiburon 7, Noise Element
General Plan EXHIBIT 7 Paye 7 l
45 to 70 dBA at these locations. The aircraft-generated CNEL ranged from
19 to 44 dB in Tiburon.
Sensitive Receptors
Sensitive receptors are those that are most affected by noise. The
California General Plaii Guidelines lists schools, churches, convalescent
homes, and sensitive wildlife habitat as sensitive receptors that should be
identified in the General Plan. The locations of these sensitive receptors in
the Plarirdng Area are shown in Diagram 7.1-3.
7.2 .NOISE AND LAND USE COMPATIBILITY GUIDELINES
Community Noise Exposure, Ldn or
CNEL,in dB
Land Use Category 55 60 65 70 75 80 85
� E
Residential
interior noise levels not to exceed 45d A Ldn}
Transient Lod ' g ,Motels,Hotelsc
Schools, Libraries,Churches,Hospitals,
t�
Nursing Homes
s5 r,
Auditoriums,Concert Halls,Amphitheaters
Sports Arenas,Outdoor Spectator Sports _311
I
Playgrounds Neighborhood Parks Tennis
Courts,Outdoor Recreation
Water Recreation, RidingStables,Golf Courses,
Cemeteries "
Office Buildings,Business,Commercial&
Professional _
Industrial,Man ufacturin ,Utilities,A iculture
Normally Acceptable: Specified land use is satisfactory,based upon the assumption that
any buildings uivolved are of normal conventional construction,without any special
noise insulation requirements.
Conditionally Acceptable: New construction or development should be undertaken only
after a detailed analysis of the noise reduction requirements is made and needed noise
insulation features included in the design. _
Normally Unacceptable: New construction or development should be discouraged. If
new construction or development does proceed,a detailed analysis of the noise
reduction requirements must be made and needed noise insulation features included in
the design.
Cleary Unacceptable: New construction or development clearly should not be
undertaken.
TIBURON 2020 September 2005
Ton of Tibzeron 7. Noise Elerr:ent
Genei al Plan Page 7-2
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TIBURON 2020 SOUND LEVEL (Ldn)
0 0.25 0.5 0.75 f - .,> Town of Tiburon
Miles _
General Plan -- Existing 60 dBA
— Existing 65 dBA
September 2005 — Existing 70 dBA
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-°� Future 65 dBA
September 2005 , Future 70 dBA
7.3 NOISE GOALS
N-A: To ensure that residential areas are quiet and that noise levels in
public and commercial areas remain within acceptable limits.
N-B: To eliminate or reduce uruzecessary, excessive and offensive
noises from all sources.
N-C: To minimize the exposure of community residents to noise
through the careful placement of land -uses that may cause noise
impacts.
N-D: To minimize current noise impacts from Tiburon Boulevard and
other high-volume roads on adjacent land uses that are sensitive
to noise.
7.4 NOISE POLICIES
N-1: The Town shall use the Noise and Land Use Compatibility
Guidelines contained herein to determine where noise levels in
the community are acceptable or unacceptable.
N-2: The Town should use the Noise and Land Use Compatibility
Guidelines to determine acceptable uses, and to require noise
attenuation methods in noise-impacted areas.
N-3: Environmental reviews (environmental impact reports, initial
studies/negative declarations) of projects within the Tiburon
Planning Area will be required to, where appropriate, include
an acoustical analysis of the project's potential to cause a noise
impact.
N-4: If the projected noise environment for a project exceeds the
standards identified in the Noise and Land Use Guidelines, the
Town shall require an acoustical analysis so that noise
mitigation measures can be incorporated into the project design.
N-5: Motorized recreational vehicles (including trail motorcycles)
shall be prohibited in off-road areas in the Tiburon Planning
Area.
TIBURON 2020 September 2005
Town of Tiburon 7. Noise Element
General Plan Page 7-3
N-6. Hours of use of recreation and commercial facilities should be
regulated to minimize offensive noise to ensure compatibility
between such facilities and nearby residential areas.
N-7. Noise walls, sound walls or any form of solid barrier shall be
aesthetically compatible with the surrounding neighborhood.
N-8. The Town, in conjunction with the County of Marin and other
cities and towns, shall attempt to reduce aircraft noise over the
Tiburon Plaza-iing Area by working with the appropriate
regulatory agencies.
N-9: New projects in Downtown shall, through site and building
design and the use of the best available building technology,
minimize the potential noise conflicts between commercial and
residential uses, on inixed-use and adjacent residential
properties.
N-10: Standard quiet construction methods shall be used where
feasible and when construction activities take place within 500
feet of noise sensitive areas.
7.5 IMPLEMENTING PROGRAMS FOR NOISE
N-ca. The Town should periodically assess the noise environment to
identify noise sources that should be regulated to reduce
excessive or offensive noise.
N-b. The Town should contact the appropriate regulatory agencies to
ensure that they are aware of the Town's policy discouraging
aircraft flyovers of the Tiburon Planning Area.
TI URO.N 2020 September 2005
Town of Tiburon 7. Noise Element
General Plan Page 7-4
sa,
�•� NOTE'. �..
1 This DiaOrotn is S
i daveloped for goneroi
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i r+,,,;r tdenpurposes.
i Tho Town of T�owon �
Is not rpanJtrlo ar
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Richardson Bay
SENSITIVE RECEPTORS
Parks and Open Spacef Audubon Society Wildlife Sanctuary
Schools Sensitive Species HabRlat
Churches Trails r
'`--�--�. `�`-:ww � I i E I i � �Imo✓ .�� ��
Institutional
1+"
0 0,25 0.5 0.75 1
Miles
PETITION DATED 3.26.19 TO REVOKE OR REVISE
SAM'S ANCHOR CAFE'S CONDITIONAL USE PERMIT
WHICH ALLOWS LIVE AMPLIFIED OUTDOOR MUSIC SEVEN (7) DAYS PER WEEK
The undersigned residents of Belvedere, in the interest of maintaining the "quiet, peaceful enjoyment"of our properties, petition the
Town of Tiburon to revoke or revise that Conditional Use Permit (#CUP2018-008) issued on January 23, 2019 to Sam's Anchor Cafe,
located at 27 Main Street(Applicant), on the following basis:
• INSUFFICIENT AND FLAWED INFORMATION WAS SUBMITTED BY APPLICANT to the Tiburon Planning Commission as
evidence to support favorable consideration.
• NO SPECIFICALLY RELATED ACOUSTIC EVALUATION OR ANALYSIS WAS PERFORMED addressing the impact live
amplified OUTDOOR music(including bands)would have on nearby Tiburon/Belvedere residents.
• NO DECIBEL LIMITS ARE IDENTIFIED IN THE CUP TO CONTROL VOLUME; therefore, no apparent means of enforcement
exist for any occurring noise disturbances or"noise nuisance".
• UNPRECEDENTED IN DOWNTOWN TIBURON, CUP ALLOWS LIVE AMPLIFIED OUTDOOR MUSIC (INCLUDING BANDS),
EVERYDAY OF THE WEEK up to 8-9 hrs. per day, for a maximum of 61 hrs. per week, at the discretion of Sam's Anchor Cafe.
• CUP DOES NOT CONFORM WITH CALIFORNIA NOISE CONTROL ACT/CALIFORNIA HEALTH AND SAFETY CODE
SECTIONS 46000-46062.
• CUP IS NOT CONSISTENT WITH TIBURON'S GENERAL PLAN, SECTION 7, "NOISE ELEMENT", which among other
restrictions, calls for a 70-decibel (dBA) limit for"Amphitheaters" (live outdoor music category).
We, the undersigned residents of Belvedere, have read and agree to the above statements. Additionally, we attest that live amplified
OUTDOOR music coming from Downtown Tiburon, including Sam's Anchor Cafe, can be heard at our properties and disturbs the quiet,
peaceful enjoyment of our homes. The prospect of OUTDOOR live music at Sam's, occurring on a REGULAR basis, will be a "noise
nuisance" and potentially impact our property values.
Therefore, we respectfully request Tiburon Town Council not ignore our claims and concerns, and either:
1.) Revoke Sam's Anchor Cafe's CUP#2018-008 issued on 01/23/19 for reasons herein stated; or,
2.) Impose Tiburon's 70-decibel (dBA) noise limit as called for in the General Plan for this particular use, along with a reasonable
limit to the number of hours per week, live amplified outdoor music can be played.
Sincerely,
(SIGNATURE PAGES FOLLOW...)
EXHIBIT 8
PETITION DATED 3.26.19 TO REVOKE OR REVISE
SAM'S ANCHOR CAFE'S CONDITIONAL USE PERMIT
WHICH ALLOWS LIVE AMPLIFIED OUTDOOR MUSIC SEVEN (7) DAYS PER WEEK
SIG ATURE PRINTED NAME DATE RESIDENCE ADDRESS PHONE OR EMAIL ADDRESS
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(SIGNATURE PAGES FOLLOW...)
PETITION DATED 3.26.19 TO REVOKE OR REVISE
SAM'S ANCHOR CAFE'S CONDITIONAL USE PERMIT
WHICH ALLOWS LIVE AMPLIFIED OUTDOOR MUSIC SEVEN (7) DAYS PER WEEK
SIGNATURE PRI TED NAME DATE RESIDENCE ADDRESS PHONE OR EMAIL ADDRESS
7-ZIP-H Le 41/5?Z�/D /
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(SIGNATURE PAGES FOLLOW...)
PETITION DATED 3.26.19 TO REVOKE OR REVISE
SAM'S ANCHOR CAFE'S CONDITIONAL USE PERMIT
WHICH ALLOWS LIVE AMPLIFIED OUTDOOR MUSIC SEVEN (7) DAYS PER WEEK
SIGNATURE PRINTED NAME DATE RESIDENCE ADDRESS PHONE OR EMAIL-ADDRESS
I
G/4 - - _r-rI i
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(SIGNATURE
PAGES FOLLOW...)
PETITION DATED 3.26.19 TO REVOKE OR REVISE
SAM'S ANCHOR CAFE'S CONDITIONAL USE PERMIT
WHICH ALLOWS LIVE AMPLIFIED OUTDOOR MUSIC SEVEN (7) DAYS PER WEEK
SIGNA f�E PRINTED NAME DATE RESIDENCE ADDRESS PHONE OR EMAIL ADDRESS
Ti
(SIGNATURE PAGES FOLLOW...)
PETITION DATED 3.26.19 TO REVOKE OR REVISE
SAM'S ANCHOR CAFE'S CONDITIONAL USE PERMIT
WHICH ALLOWS LIVE AMPLIFIED OUTDOOR MUSIC SEVEN (7) DAYS PER WEEK
The undersigned residents of Belvedere, in the interest of maintaining the "quiet, peaceful enjoyment" of our properties, petition the
Town of Tiburon to revoke or revise that Conditional Use Permit (#CUP2018-008) issued on January 23, 2019 to Sam's Anchor Cafe,
located at 27 Main Street (Applicant), on the following basis:
• INSUFFICIENT AND FLAWED INFORMATION WAS SUBMITTED BY APPLICANT to the Tiburon Planning Commission as
evidence to support favorable consideration.
• NO SPECIFICALLY RELATED ACOUSTIC EVALUATION OR ANALYSIS WAS PERFORMED addressing the impact live
amplified OUTDOOR music (including bands) would have on nearby Tiburon/Belvedere residents.
• NO DECIBEL LIMITS ARE IDENTIFIED IN THE CUP TO CONTROL VOLUME; therefore, no apparent means of enforcement
exist for any occurring noise disturbances or"noise nuisance".
• UNPRECEDENTED IN DOWNTOWN TIBURON, CUP ALLOWS LIVE AMPLIFIED OUTDOOR MUSIC (INCLUDING BANDS),
EVERYDAY OF THE WEEK up to 8-9 hrs. per day, for a maximum of 61 hrs. per week, at the discretion of Sam's Anchor Cafe.
• CUP DOES NOT CONFORM WITH CALIFORNIA NOISE CONTROL ACT/CALIFORNIA HEALTH AND SAFETY CODE
SECTIONS 46000-46062.
• CUP IS NOT CONSISTENT WITH TIBURON'S GENERAL PLAN, SECTION 7, "NOISE ELEMENT", which among other
restrictions, calls for a 70-decibel (dBA) limit for"Amphitheaters" (live outdoor music category).
We, the undersigned residents of Belvedere, have read and agree to the above statements. Additionally, we attest that live amplified
OUTDOOR music coming from Downtown Tiburon, including Sam's Anchor Cafe, can be heard at our properties and disturbs the quiet,
peaceful enjoyment of our homes. The prospect of OUTDOOR live music at Sam's, occurring on a REGULAR basis, will be a "noise
nuisance" and potentially impact our property values.
Therefore, we respectfully request Tiburon Town Council not ignore our claims and concerns, and either:
1.) Revoke Sam's Anchor Cafe's CUP#2018-008 issued on 01/23/19 for reasons herein stated; or,
2.) Impose Tiburon's 70-decibel (dBA) noise limit as called for in the General Plan for this particular use, along with a reasonable
limit to the number of hours per week, live amplified outdoor music can be played.
Sincerely,
(SIGNATURE PAGES FOLLOW...)
PETITION DATED 3.26.19 TO REVOKE OR REVISE
SAM'S ANCHOR CAFE'S CONDITIONAL USE PERMIT
WHICH ALLOWS LIVE AMPLIFIED OUTDOOR MUSIC SEVEN (7) DAYS PER WEEK
SIGNATURE PRINTED NAME DATE RESIDENCE ADDRESS PHONE OR EMAIL ADDRESS
a James O. Ellis, Jr. 3/30/2019 288 Beach Road 678-270-6299
I
i
(SIGNATURE PAGES FOLLOW...)
PETITION DATED 3.26.19 TO REVOKE OR REVISE
SAM'S ANCHOR CAFE'S CONDITIONAL USE PERMIT
WHICH ALLOWS LIVE AMPLIFIED OUTDOOR MUSIC SEVEN (7) DAYS PER WEEK
The undersigned residents of Belvedere, in the interest of maintaining the "quiet, peaceful enjoyment" of our properties, petition the
Town of Tiburon to revoke or revise that Conditional Use Permit (#CUP2018-008) issued on January 23, 2019 to Sam's Anchor Cafe,
located at 27 Main Street (Applicant), on the following basis:
• INSUFFICIENT AND FLAWED INFORMATION WAS SUBMITTED BY APPLICANT to the Tiburon Planning Commission as
evidence to support favorable consideration.
• NO SPECIFICALLY RELATED ACOUSTIC EVALUATION OR ANALYSIS WAS PERFORMED addressing the impact live
amplified OUTDOOR music (including bands) would have on nearby Tiburon/Belvedere residents.
• NO DECIBEL LIMITS ARE IDENTIFIED IN THE CUP TO CONTROL VOLUME; therefore, no apparent means of enforcement
exist for any occurring noise disturbances or"noise nuisance".
• UNPRECEDENTED IN DOWNTOWN TIBURON, CUP ALLOWS LIVE AMPLIFIED OUTDOOR MUSIC (INCLUDING BANDS),
EVERYDAY OF THE WEEK up to 8-9 hrs. per day, for a maximum of 61 hrs. per week, at the discretion of Sam's Anchor Cafe.
• CUP DOES NOT CONFORM WITH CALIFORNIA NOISE CONTROL ACT/CALIFORNIA HEALTH AND SAFETY CODE
SECTIONS 46000-46062.
• CUP IS NOT CONSISTENT WITH TIBURON'S GENERAL PLAN, SECTION 7, "NOISE ELEMENT", which among other
restrictions, calls for a 70-decibel (dBA) limit for"Amphitheaters" (live outdoor music category).
We, the undersigned residents of Belvedere, have read and agree to the above statements. Additionally, we attest that live amplified
OUTDOOR music coming from Downtown Tiburon, including Sam's Anchor Cafe, can be heard at our properties and disturbs the quiet,
peaceful enjoyment of our homes. The prospect of OUTDOOR live music at Sam's, occurring on a REGULAR basis, will be a "noise
nuisance" and potentially impact our property values.
Therefore, we respectfully request Tiburon Town Council not ignore our claims and concerns, and either:
1.) Revoke Sam's Anchor Cafe's CUP#2018-008 issued on 01/23/19 for reasons herein stated; or,
2.) Impose Tiburon's 70-decibel (dBA) noise limit as called for in the General Plan for this particular use, along with a reasonable
limit to the number of hours per week, live amplified outdoor music can be played.
Sincerely,
(SIGNATURE PAGES FOLLOW...)
PETITION DATED 3.26.19 TO REVOKE OR REVISE
SAM'S ANCHOR CAFE'S CONDITIONAL USE PERMIT
WHICH ALLOWS LIVE AMPLIFIED OUTDOOR MUSIC SEVEN (7) DAYS PER WEEK
SIGNATURE PRINTED NAME DATE RESIDENCE ADDRESS PHONE OR EMAIL ADDRESS
James O. Ellis, Jr. 3/30/2019 288 Beach Road 678-270-6299
i
I
(SIGNATURE PAGES FOLLOW...)
PETITION DATED 3.26.19 TO REVOKE OR REVISE
SAM'S ANCHOR CAFE' S CONDITIONAL USE PERMIT
WHICH ALLOWS LIVE AMPLIFIED OUTDOOR MUSIC SEVEN (7) DAYS PER WEEK
SIGNATURE PRINTED NAME DATE RESIDENCE ADDRESS PHONE OR EMAIL ADDRESS
Email consent 3/31/19 John Owen 3/31/19 416 Golden Gate OwenJohn@mac.com
Ave.
Email consent 3/31/19 Dawn Owen 3/31/19 416 Golden Gate (Same as above)
Ave.
Petition signed 3/29/19 Emory Williams 3/29/19 296 Beach Rd., Ewl031@gmail.com
Petition signed 3/29/19 Jie Liu 3/29/19 296 Beach Rd., lucyliu@profounddesign.com
Email consent 4/2/19 Scott L. Robertson 4/05/19 319 Beach Rd. 415 559 1238
Email consent 4/5/19 Nancy Harris Robertson 4/05/19 319 Beach Rd. nancyharrisdesign@gmail
.com
Petition signed 4/8/19 Rosalind Colver 4/8/19 250 Beach Rd. Rosalincolver@aol.com
Email consent 4/11/19 Sharon Barr 4/11/19 73 Eastview marshbarr@yahoo.com
Email consent 4/11/19 Melanie Hoffner 4/11/19 76 Eastview Paccoml@sbcglobal.net
(SIGNATURE PAGES FOLLOW...)
PETITION DATED 3.26.19 TO REVOKE OR REVISE
SAM'S ANCHOR CAFE'S CONDITIONAL USE PERMIT
WHICH ALLOWS LIVE AMPLIFIED OUTDOOR MUSIC SEVEN {7) DAYS PER WEEK
_
SIGNATURE 3 PRINTED NAME DATE �� RESIDENCE ADDRESS PHONE t
V.y t
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{SIGNATURE PAGES FOLLOW...)
VEDERE'Y
CI ( f
4-0 Baro Rafael Ave. a Belvedere, CA 94920-2336
'Fel: 41-5/4-35-3838 Fal 4-1.5/43-5-0430
........._ __
April 11, 2019
Honorable David Kulik,Mayor (�
Honorable Alice Fredericks,Vice Mayor A PR 1 20 119I(11
Honorable Jim Fraser
Honorable Holli Thier PLANNING DIVISION
Honorable Jon Welner
Town Manager Greg Chanis
Dear Members of the Town Council and Town Manager Chanis,
During the April 8th meeting of the Belvedere City Council,the Council directed me to send a letter to
you on its behalf regarding a matter that is scheduled for consideration by the Town Council on April
17`h. The matter relates to concerns about the impacts on Belvedere residents from proposed outdoor
live music at Sam's Anchor Cafe.At the City Council meeting, concerned residents presented a petition
signed by 32 residents, many of whom live across the water from Sam's. Of major concern to these
residents are higher-than-ambient decibel levels and the number of hours during which outdoor
amplified live music would be allowed.
The City Council emphasized its interest in supporting your commendable efforts to ensure the vitality
of Tiburon's downtown. Notwithstanding its strong support for Main Street,the Council believes that
Belvedere residents should not be negatively impacted by daily amplified music emanating from Sam's.
The Council urges you to take its concerns,and the concerns of Belvedere residents, into account as you
consider whether to grant the proposed conditional use permit for daily outdoor live music on the deck
at Sam's.
Thank you for your consideration.
SincerBly,
r 9
Craig M} dleton
City Manager
(Writing on behalf of, and at the direction of, the Belvedere City Council)
cc: Bob McCaskill, Mayor
Nancy Kemnitzer, Vice Mayor
James Campbell
Claire McAuliffe
Marty Winter
EXHIBIT 9
Town Council Meeting
TOWN OF TIBURON April 17, 2019
1505 Tiburon Boulevard Agenda ltem: PH-2
Tiburon, CA 94920
To: Mayor and Members of the Town Council
From: Community Development Department
Subject: Planning Commission Recommendation to repeal Town of Tiburon
Environmental Review Guidelines (2002) and adopt the current California
CEQA Guidelines through incorporation by reference
i
r,
Reviewed
By:
Greg Chanis,Town Manager Benjamin Stock,Town Attorney
SUMMARY
The Council is considering the Planning Coin mission's recommendation to repeal the current Town
Environmental Review Guidelines (2002) and adopt the current California Environmental Quality Acte
(CEQA)Guidelines through incorporation by reference.
RECOMMENDED ACTION(S)
Staff recommends the Town Council hold a public hearing and take testimony,close the public hearing,
deliberate and consider the item and approve the resolution rescinding the current Environmental
Guidelines and adopting the Current CEQA guidelines through incorporation by reference.
BACKGROUND
The California Environmental Quality Act (CEQA) generally requires state and local government
agencies to inform decision makers and the public about the potential environmental impacts of
proposed projects, and to reduce those environmental impacts to the extent feasible.
The CEQA process is complex, and therefore,the State provides CEQA implementation guidelines,
with the Town having the option to either adopt the State CEQA guidelines through incorporation
by reference, or inaintain its own local implementation procedures which must include the vast
majority of the State (41,11delines. The Town currently has local environmental review procedures,
which were first adopted in 1973. Updates to these procedures occurred in 1974, 1977, 1978, 1991,
and most recently in 2002. There have been numerous changes in the State CEQA guidelines since
2002, and although the Town is required to revise/update our guidelines within 120 days of
implementation of any required State revisions, there have been no updates to the Town 01-lidelines
since the 2002 update.
Staff recommends that the Town Council consider repealing the current Tiburon Environmental
Review Guidelines (2002). and rather than consider a revised version of the current guidelines,
TOWN OF T1BURON PAGE I OF 4
instead adopt the State CEQA Guidelines through incorporation by reference. This will ensure that
any future revisions made to the State CEQA standards are automatically adopted by the Town as
well.
The Planning Commission held a public hearing on March 27, 2019 to consider this matter. After
receiving the staff presentation, accepting public comment and deliberating, the Planning
Commission voted unanimously to adopt a Resolution recommending Town Council repeal the
current Environmental Review Guidelines (2002) and the adopt of the State CEQA guidelines by
reference through incorporation.
ANALYSIS
Staff researched communities in Marin County to determine how other local agencies implement
CEQA. The information received is provided in the table below:
CEQA Guidelines Usage
Agency Use of Local or State Guidelines
City of Belvedere State CEQA Guidelines
City of Corte Madera State CEQA Guidelines
City of Larkspur State CEQA Guidelines
Town of Ross State CEQA Guidelines
City of Mill Valley State CEQA Guidelines
City of Novato Local Guidelines updated in 2001
Town of San Anselmo Local Guidelines updated in 1974
City of San Rafael Local Guidelines
Comparison of current Tiburon Environmental Guidelines and State CEQA Guidelines
The existing Tiburon Environmental Review Guidelines closely mirror the CEQA guidelines, but
differ in several ways. These differences are summarized in the Table below:
State CEQA Guidelines Current Tiburon
Scoping sessions For certain projects scoping Requires public scoping session by
session(s) are required. The Office Planning Commission.
of Planning Research or the
applicant can request a scoping
meeting.
Recirculating In response to comments. staff Requires a separate public meeting
FIR and/or Environmental Consultant to specifically determine if
first determine if recirculation is recirculation is required. This
required. Staff and/or meting is required even if
Environmental ConsUltant can staff/consultant has already
recirculate the FIR without a determined recirculation is
meeting. The Planning Commission necessary.
as part of the review of the FIR can
direct staffto recirculate the FIR as
necessary.
Tow.'\ or Tim tzoN PAGE 2 or 4
Exemptions Exemptions are limited State CEQA Appendix A of the Tiburon
guidelines. The State CEQA Environmental Review Guidelines
Uuidelines are more limited in what provides the Environmental
can be determined as exempt. Coordinator the discretion to allow
actions to be exempt from CEQA
that are comparably ministerial to
those on Appendix A.
RFP for The State CEQA guidelines outlines Appendix B of the Tiburon
Consulting how an EIR is written. The CEQA Environmental Review Guidelines
Services (Iuidelines do not discuss how an requires an RFP for an EIR
EIR consultant is chosen.
Staff would prefer to have a list of
prequalified consultants and choose
from that list based on availability or
potentially allow for an RFP, but
have the flexibility to choose how to
select a consultant based on the
scope of the project.
Environmental Staff would use the State The Tiburon Environmental Review
Data Submission Environmental Information Form. Guidelines data submission form
Form uses an old format that may have
been tied to a prior Initial Study
Checklist and does not include
information regarding greenhouse
gas, energy, tribal/cultural
information.
The State CEQA environmental
information form is a completely
different form.
FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town.
PUBLIC COMMENTS
As of the preparation of this report, no correspondence has been received regarding this item.
Notification was provided through a 1/8 page ad in the newspaper.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt fi-om the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that the adoption of current CEQA guidelines does not constitute a project
Under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general
rule set forth in CEQA Guidelines Section 15061 (b)(3).
Towy of TI litlzoy - P,�GE 3 oF-4
RECOMMENDATION
Staff recommends that the Town Council:
i. Open the Public Hearing
2. Take testimony
3. Move to approve Resolution --- to repeal the current CEQA guidelines and adopt the
State CEQA guidelines through incorporation by reference.
Exhibit(s): 1) Draft Town Council Resolution
2) March 27,2019 Planning Commission Staff Report
3) Minutes of March 27,2019 Planning Commission Meeting
4) Tiburon Planning Commission Resolution,March 27,2019
5) Current local CEQA Guidelines 2002(Town of Tiburon Environmental Review
Guidelines)
http://townoftiburon.oriZ/DocumentCenter/View/1094/Tiburon-Environmental-Rev iew-
Guidelines-for-CEQA
6) 2019 CEQA Guidelines:
https://www.califaep.or,Q/ima,ges/cepa/statute-guidelines/2019/2019-CEQA-book-final.pdf
Prepared By: Sung H. Kwon,Director of Community Development
`I,ovA,N or J-1131 Roti P x(;i�- 4 or 4
DRAFT RESOLUTION NO. XX-2019
A RESOLUTION OF THE TIBURON TOWN COUNCIL
REPEALING THE CURRENT CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) GUIDELINES (TOWN OF TIBURON ENVIRONMENTAL REVIEW
GUIDELINES) AND ADOPTION OF STATE OF CALIFORNIA CEQA GUIDELINES
BY REFERENCE THROUGH INCORPORATION
WHEREAS, the Town of Tiburon has previously adopted local environmental review
(yuidelines pursuant Section 15022 of the State CEQA Guidelines, said local guidelines having
been most recently amended on November 6, 2002 through adoption of Resolution No. 62-2002;
and,
WHEREAS, the Town has determined that its local guidelines are in need of updating to
reflect changes in the law and in the State CEQA guidelines since 2002; and.
WHEREAS, the Planning Commission considered recommending repealing the current
Environmental Review Guidelines (2002) and adopting the State CEQA guidelines through
incorporation by reference at a public meeting held on March 27, 2019; and,
WHEREAS, at that meeting, the Planning Commission voted 4-0 to adopt a Resolution
recommending the Town Council repeal the current Environmental Review Guidelines(2002)and
adopt the State CEQA guidelines through incorporation by reference; and,
WHEREAS, the Tiburon Town Council held a Public Hearing to consider repealing the
current CEQA guidelines and adopting the State CEQA guidelines through incorporation by
reference at a meeting held on April 17, 2019; and,
NOW, THEREFORE BE IT RESOLVED that the Tiburon Town Council does hereby
repeal the Town's Environmental Review Guidelines(2002) and adopt the State CEQA guidelines
through incorporation by reference.
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on April 17,
2019, by the foliovving vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCII..MEMBERS:
ABSENT: COUNCILMEMBERS:
DAVID KULIK, MAYOR
TOWN OF TIBURON
1
Town Council Rcsollr/ion No. XX-2018 DRAFT =1,17/19
EXHIBIT I
ATTEST:
LEA STEFANI, TOWN CLERK
2
Town Council Resolution No. XX--2018 DRAFT -1117119
TOWN OF TIBURON Planning Commission Mccting
1505 Tiburon Boulevard March 27, 2019
t =� ; Tiburon, CA 94920 Agenda Item: PH-2
STAFF REPORT
To: Members of the Planning Commission
From: Community Development Department
Subject: Recommendation to Town Council to repeal Town of Tiburon
Environmental Review Guidelines (2002) and adopt the current CEQA
guidelines by reference
STAFF RECOMMENDATION
Following a public hearing, adopt the resolution (Exhibit 1) recommending that the Town
Council repeal the current Town of Tiburon Environmental Review Guidelines and adopt the
State of California CEQA guidelines by reference.
BACKGROUND
The Town has periodically adopted revised CEQA guidelines throughout the decades. Since the
initial adoption of the CEQA guidelines in 1973, the Town of Tiburon's Environmental Review
procedures were updated in 1974, 1977, 1978, 1991, and 2002. The Town of Tiburon has not
updated the Environment Review procedures since 2002.
There have been numerous changes in the State CEQA guidelines since 2002. In 2018 alone, 34
Sections/Appendices were amended or added.
Under Section 15022(c), the Town is required to revise/update our environmental procedures
within 120 days of the implementation of the new State Guidelines. As the 2019 State CEQA
guidelines were adopted effective December 28, 2018, the Town is required to update out-
implementing procedures by March 28, 2019.
ANALYSIS
Each time the State Guidelines are updated, the Town of Tiburon is required to update our local
environmental guidelines. State law provides the Town with two options for moving forward
with our local environnental guidelines. The Town of Tiburon can either 1) adopt the State
CEQA guidelines by reference as provided by State CEQA Guidelines Section 15022(d), or 2)
update our existing implementation procedures.
EXHIBIT 2
March 27,2019
Staff recommends that the Planning Commission consider recommending to the Town Council
that the Town repeal the current local guidelines and adopt the State CEQA Guidelines by
reference. These documents are provided in the links below under Exhibits.
PUBLIC COMMENTS
As of the preparation of this report, no correspondence has been received regarding this item.
Notification was provided through a 1/8 page ad in the local newspaper, the Ark.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that the adoption of current CEQA guidelines does not constitute a
project under CEQA.
RECOMMENDATION
Staff recommends that the Planning Commission:
1. Conduct a Public Hearing to consider recommending repealing the Town of Tiburon
Environmental Review Guidelines and recommend adopting the State of California
CEQA guidelines by reference.
2. Move to approve a Resolution recommending that the Town Council repeal the
current local CEQA Guidelines and adopt the State CEQA Guidelines through
incorporation by reference.
EXHIBITS
1. Draft Resolution repealing the current Town of Tiburon Environmental Review
Guidelines and adopting the State CEQA guidelines by reference.
2. Current local CEQA Guidelines 2002 (Town of Tiburon Environmental Review
Guidelines)
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3. 2019 CEQA Guidelines:
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Prepared By: Sung H.Kwon,Director of Community Development
I PLANNING COMMISSION
2 DRAFT MINUTES NO. 1093
3 Regular Meeting
4 March 27, 2019
5 Town of Tiburon Council Chambers
6 1505 Tiburon Boulevard, Tiburon, California
7
8
9 CALL TO ORDER AND ROLL CALL:
10
I I Chair Williams called the meeting to order at approximately 7:30 p.m.
12
13 Present: Chair Williams; Commissioners Corcoran, Defever and Tsai
14
15 Absent: Vice Chair Amir
16
17 Staff Present: Director of Community Development Sung Kwon; Associate Planner Kyra
18 O'Malley
19
20 ORAL COMMUNICATIONS: None
21
22 COMMISSION AND STAFF BRIEFING
23
24 Director of Community Development Sung Kwon reported that a TPC meeting had still not been
25 scheduled.
26
27 Associate Planner Kyra O'Malley announced that I Blackfield Drive has been withdrawn. She
28 also announced that this would be Commissioner Corcoran's last meeting after having served 12
29 years for the Town.
30
31 Commissioners and staff gave words of thanks for Commissioner Corcoran's dedication to the
32 Town and thanked him for his service on the Planning Commission.
33
34 MINUTES - Planning Commission Minutes - Meeting of March 13, 2019
35
Commissioner Defever requested the following modifications:
38 • Page 2, Line 7, "Occupancy of the multi-purpose building was granted.
39 • Page 4, Line 31; "The same family are addressing some tree concerns where a family felt
40 unsafe."
41 • Page 5, Line 43; "This condition that might trigger it when the anticipated attendance is
42 lower seenei so neighbors are not surprised."
43
45 Commissioner Corcoran requested the following modifications:
46 • Page 16, top; request to reword the top paragraph. He also suggested the 1111111 -taker
47 create more concise minutes.
TIBURON PLANNING COMMISSION MARCH 27.2019 MINUFI_S NO. 1093 PAGE I
EXHIBIT 3
I
23 Chair Williams requested the following modifications:
4 • Page 4, Line 34; delete the word "many' from the end of the line.
5 • Page 6, Line 35; `'She said there were some comments in recent letters suggested that
6 CKS was seeking modification oil'the CUP because they had received no complaints, but
7 she wanted to clarify
8 • Page 6, Line 38; add after the comma: "It felt some conditions were outdated. extraneous
9 and possibly not necessary
10 • Page 7, Line 2; "..:because she hoped CKS try felt protected."
I 1 • Page 16, Line 40; "........iterations to the conditions."
12 • Page 38, Line 46; replace "These are daily lives and recreation lives" with "The
13 Commission is weighing the input on daily lives versus recreational lives."
14 . Page 39, Line 7; "Right now she is leaning towards Commissioner's Corcoran's point of
15 view because whieh isshethinks there is a way to make it compatible with appropriate
16 conditions." She was hoping TPC could bring down a lot of light pollution."
17 • Page 39, Line 31; "Chair Williams added that each neighbor has a different point of view
18 and she went to adjacent houses with the same impact and some stated that they loved the
19 idea and moved to the Town for the club and others stated that they hated the idea, so
20 opinions are diverse."
21 • Page 40, Line 35: add"but it is not a surprise to the TPC."
22 • Page 41, Line 31; strike the last sentence.
23 • Page 22, after the second break, include the fact that she apologized to audience members
24 relating to time management of speakers.
25
26 Vice Chair Amir requested the following clarifications on name spellings:
27 • Page 20, Line 9, "Brian"
28 • Page 25, Line 11; "Raul Saavedra'"
29 • Page 25, Line 29; "Rick Sichel"
30 • Page 29, "Vice Maye+Chair Amir
31
32 ACTION: M/S (Williams/Corcoran) to approve the Planning Commission minutes of March 27,
33 2019, as amended. Vote: 4-0.
34
35 PUBLIC HEARINGS
36
37 PH-1 I BLACKFIELD DRIVE, SUITE 1: Assessor's Parcel Number 034-212-18; File No.
38 CUP2019-001, Conditional Use Permit to modify the use to a retail clothing store, which
39 would occupy a location previously occupied by a cafe. [KO] WITHDRAWN
40
41 PH-2 TIBURON LOCAL CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
42 GUIDELINES UPDATE: Review and consider recommending to the Town Council to
43 repeal current local CEQA Guidelines (2002) and adopt the current CA State CEQA
44 guidelines by reference.
45
TIQURON PLANNING COMMISSION MARCH 27.2019 MINUTES NO. 1093 PAGE 2
I Director of Community Development Kwon said staff is recommending the Planning
2 Commission consider recommending to the Town Council that the Town repeal its current
3 environmental review guidelines fi-om 2002 and adopt the current CEQA guidelines by reference
4 so each year the Commission would not need to act on them, except to adopt them by reference.
5
6 Commissioner Defever asked and confirmed that Section 15022.0 of the CEQA guidelines
7 requires the Town to integrate the new guidclines into the current environmental review
8 guidelines or incorporate by reference CEQA.
9
10 Chair Williams noted that there were many things in the current environmental review guidelines
1 I specific to the Town and she questioned if there was anything being removed.
12
13 Mr. Kwon replied that based upon his review of resolutions in the past, there were a couple of
14 meetings held that were due to cavy-overs of the guidelines fi-om long ago, and CEQA has
15 changed significantly since then.
16
17 Chair Williams opened the public hearing.
18
19 Deirdre McCrohan, The Ark, asked if the Commission could expand the explanation regarding
20 meeting requirements for CEQA.
21
22 Mr. Kwon explained there is a meeting requirement under Item 613: "The advisory body shall
23 hold a public meeting and hear and consider the recommendations of the environmental
24 coordinator as to whether significant, new information would require re-circulation received
25 during the public comment period. If not, then the Final EIR will be completed and released."
26 He then offered to provide additional information after the meeting to Ms. McCrolhan, if
27 necessary.
28
29 Commissioner Defever and Chair Williams alerted staff that the on-line version of the Town of
30 Tiburon Environmental Review Guidelines was missing pages 1 and 2 and possibly more tables.
31 Mr. Kwon agreed to follow-up.
32
33 Chair Williams closed the public hearing.
34
35 Commissioner Corcoran said he thinks the State put a lot of thought into developing the
36 guidelines, weighed the pros and cons of additional scrutiny that comes with additional meetings
37 and compared that to the additional burden on applicants. He voiced his support for the Town to
38 follow that standard rather than the Town having its own separate doclm7ent.
39
40 Commissioner Tsai agreed and said anything that allows the Town to be in full compliance and
41 streamline regulations is a good thing and he voiced his support.
42
43 Commissioner Defever agreed and stated the Town was not losing anything because it is
44 incorporating by reference the CEQA gfinds uidelines. Later on, if the Town there are any
45 conflicts they can address those as they go along, and she voiced her support.
46
TIBURON PLANNING COMMISSION MARCH 27.2019 MINUTES NO. 1093 PAGE- 3
I Chair Williams concurred. She said she could not imagine having to compare every local
2 guideline with the State's and voiced her support.
3
4 Commissioner Tsai said to the extent that the Town Council wants to incorporate by reference
5 the State CEQA guidelines he asked if they could do so as a supplemental to the existing CEQA
6 guidelines in the event there was some conflict.
7
8 Mr. Kwon stated the Council could do this but staff would have to review the current guidelines,
9 cross-reference the local guidelines and then re-adopt it every single year.
10
I l Discussion then ensued regarding incorporation by reference of the State's guidelines, their
12 functional result, Section 15022.0 and the choice to either repeal and adopt or incorporate by
13 reference, efficiencies created by incorporation by reference, staff's ability to operate under the
14 State CEQA guidelines to the extent there is a Tiburon CEQA guideline that comes up and
15 making CEQA more understandable in practice and the fact that much larger agencies may need
16 specific language whereas 95% of Tiburon's projects are residential in nature so not much would
17 be gained.
18
19 Commissioner Tsai suggested a slight amendment to the resolution to add the phrase "through
20 incorporation" in the third -Whereas' clause which currently states "guidelines by reference."
21
22 ACTION: M/S (Williams/Corcoran) to adopt a resolution, as amended, recommending that the
23 Town Council repeal the current local CEQA Guidelines and adopt the State CEQA Guidelines
24 through incorporation by reference. Vote: 4-0.
25
26 ADJOURNMENT
27
28 The Planning Commission adjourned the meeting at 8:14 p.m. to the April 10, 2019 Planning
29 Commission meeting.
30
31
32 ERICA WILLIAMS, CHAIR
33 Tiburon Planning Commission
34 ATTEST:
35
36
37
38 SUNG KWON, SECRETARY
TIBURON PLANNING COMMISSION MARCH 27.2019 MINUTES NO. 1093 PAGE 4
DRAFT RESOLUTION NO. 2019-03
A RESOLUTION OF THE TOWN OF TIBURON PLANNING COMMISSION
RECOMMENDING REPEAL OF THE CURRENT CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) GUIDELINES (TOWN OF TIBURON ENVIRONMENTAL
REVIEW GUIDELINES) AND ADOPTION OF STATE OF CALIFORNIA CEQA
GUIDELINES BY REFERENCE THROUGH INCORPORATION
WHEREAS. the Town of Tiburon has previously adopted local environmental review
guidelines pursuant Section 15022 of the State CEQA Guidelines, said local guidelines having
been most recently amended on November 6, 2002 through adoption of Resolution No. 62-2002;
and,
WHEREAS. the Town has determined that its local guidelines are in need of updating to
reflect changes in the law and in the State CEQA guidelines since 2002; and,
WHEREAS. the Planning Commission considered repealing the current CEQA
guidelines and adopting the State CEQA guidelines by reference at a public meeting held on
March 27, 2019; and,
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the Town of
Tiburon does hereby recommend to the Tiburon Town Council that the Town repeal the current
CEQA guidelines and adopt the State CEQA guidelines by reference through incorporation.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the
Town of Tiburon on March 27. 2019, by the following vote:
AYES: COMMISSIONERS: WILLIAMS, CORCORAN, TSAI, DEFEVER
NAYS: COMMISSIONERS:
ABSENT: COMMISSIONERS: AMIR
ERICA WILLIAMS, CHAIR
TIBURON PLANNING COMMISSION
ATTEST:
SUNG H. KWON. SECRETARY
EXHIBIT 4
TIBURON PLANNING COMMISSION RESOLL'TION NO. 2019-03 3/27/2019 1