HomeMy WebLinkAboutTC Res 2019-05-01 RESOLUTION NO. 15-2019
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON PARTIALLY GRANTING AN APPEAL FILED BY THE
WISENBAKERS OF THE PLANNING COMMISSION'S APPROVAL OF A
CONDITIONAL USE PERMIT TO PROVIDE OUTDOOR LIVE MUSIC ON THE
EXTERIOR DECK OF AN EXISTING RESTAURANT (SAM'S ANCHOR CAFE)
LOCATED AT 27 MAIN STREET
(ASSESSOR PARCEL NO. 059-151-35)
WHEREAS, on January 23, 2019, the Planning Commission held a duly noticed public
hearing to consider a conditional use permit application (File No: CUP2018-008) filed by Main
Street Tiburon, LLC (`Applicant') for the approval to provide outdoor live music on an
exterior deck of an existing restaurant at 27 Main Street. The application consists of the
application form and supplemental materials received November 19. 2018_ and the official
record for this project. The record includes, without limitation. staff reports, minutes,
application materials, appeal materials, correspondence, and all comments and materials
received at any public hearings.
WHEREAS, at that hearing, certain residents ou Belvedere Island and on Main Street
opposed the application and raised concerns regarding noise impacts from the outdoor music
on the existing deck. At the conclusion of the public hearing, the Planning Commission
determined that the subject conditional use permit was consistent with the relevant General
Plan goals and polices, along with the Tiburon Zoning Ordinance Section 16-52.040 [D]
regarding findings for approval of conditional use permits. The Commission determined that
this application was acceptable use for the downtown area and would be consistent with
Downtown Policy, DT-3, which states that the "Town shall actively promote economic vitality
of it Downtown," Noise Goal, N-A, which states. "to ensure that residential areas are quiet and
that noise levels in public and commercial area remain within acceptable limits," and with
Land Use Policy, LU-23 that states "the Town shall support a diversity of commercial uses to
serve the shopping and service needs of the community."
WHEREAS, following the public hearing. the Plannino Commission adopted
Resolution No. 2019-02 that approved the project with conditions. including, adding language
to Condition 7 that states "This conditional use permit shall be reviewed by the Planning
Connrnission 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 authority to add
or modify conditions of approval or revoke the permit if deemed warranted or determine if a
sound study shall be required."
WHEREAS. in approving the application. the Planning Commission found that the
project is exempt from further review under the California Environmental Quality Act (CEQA)
pursuant to Section 15301 of the CEQA Guidelines for the following reasons:
1111URON TOWN COUNCIL RESOLUTION NO. 15-2019 05=1 2019 1
Project is exempt from CEQA pursuant to the same Class I categorical exemptions. and that no
exceptions to the exemptions apply. A Notice of Exemption to that effect was filed by the
Town on January 28, 2019.
Class I Categorical Exemption (CEQA Guidelines§ 13301 —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.
(Allegorical Exemption Exceptions (CEQA Guidelines § 13300.2)
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. h1 addition, there is no evidence that any significant cumulative impacts would
occur.
WHEREAS, on February 4, 2019, Meryl and Steve Wisenbakers ("Appellants") filed a
timely appeal of the Planning Commission's approval on the merits to the Town Council, and
did not raise the issue or challenge the approval based on the compliance with CEQA, and the
Notice of Exemption filed by the Town on January 28. 2019 is final, and
WHEREAS, on April 17, 2019, the Town Council held a duly-noticed public hearing,
on a de novo basis, on the appeal, during which testimony was heard and considered regarding
the application and the Planning Commission's review and decision on the application. At the
conclusion of the public hearing, the Town Council voted 5-0 to direct staff to prepare and
return with a draft resolution for consideration of adoption at the next meeting. The draft
resolution would partially grant the appeal by adding certain conditions of approval to the
project.
WHEREAS, the Town Council finds that the project is exempt from further review
under CEQA pursuant to Section 15301 of the CEQA Guidelines for the same reasons found
by the Planning Commission. The Town Council directs staff to file a Notice of Exemption to
that elleet.
NOW, THEREFORE BE IT RESOLVED that the foregoing Recitals are true and
correct and are incorporated herein and form a part of this Resolution.
BE IT FURTHER RESOLVED that the Town Council of the "Town of Tiburon hereby partially
grants the appeal of the Appellants by imposing the following conditions of approval as set forth on
attached Exhibit "A", hereby fully incorporated and made a part of this Resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council on May 1. 2019
by the following vote:
IlM T )N FOWN COUNCIL RESOLD 1ION NO. 15-2019 05/1/2019 2
EXHIBIT "A"
CONDITIONS OF APPROVAL
27 MAIN STREET; FILE #CUP2018-008
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 a maximum of 45
hours per week during the following time periods:
■ 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 approxiinately 180 days fi-om the date of final approval. The
Planning Commission shall hold an additional public hearing six (6) months
thereafter to review the conditional use permit. At each review. the Planning
Commission, following the public hearing. shall either (1) make findings that
the uses authorized pursuant to the conditional use permit have not resulted in
nuisance conditions, and have not created health, safety and welfare risks. or (2)
male findings that the uses authorized pursuant to the conditional use permit
have resulted in nuisance conditions and/or have created health. safety or
«elfare risks. Where the Planning Commission finds the latter. the Planning
Commission may add or modify conditions of approval or may revoke the
conditional use permit which shall then become null and void.
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8. The Planning Division staff shall maintain a log of complaints and report the
outcome on a monthly basis to the Town Council.
9. This Conditional Use Permit approval shall become mill and void if the
approved use has not commenced within one (1) year of final approval. unless
an extension is approved.
END
TIMAMN fO\\'N COUNCIL RESOLUTION NO. 15-2019 0 /112019
AYES: COUNCILMEMBERS: Fraser, Kulik. Thier, Welner
NAYS: COUNCILMEMBERS: Fredericks
ABSENT: COUNCILMEMBERS: None -_
DAVID KULI , MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEL A I, "TOWN CLERK
1113URON I-MVN COUNCIL. RESOLUTION NO. 15-2019 0 '112019 3