HomeMy WebLinkAboutTC Agd Pkt 2021-09-01
TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
Tiburon Town Council
September 1, 2021
Special Meeting – 4:00 P.M.
Regular Meeting – 5:00 P.M.
TIBURON
TOWN COUNCIL
AGENDA
CORONAVIRUS (COVID-19) ADVISORY NOTICE
Consistent with Executive Orders No. N-25-20 and No. N-29-20 from the Executive Department of the
State of California, the Town Council meeting will not be physically open to the public and all Council
Members will be teleconferencing into the meeting. To maximize public safety while still maintaining
transparency and public access, members of the public can access the meeting by following the meeting
live at:
Audio/Video Webinar: https://us06web.zoom.us/j/81574279234
Webinar ID: 815 7427 9234
Call-in Number: +1 669 900 6833
Access Code: 815 7427 9234
Instructions for providing public comment live during the meeting using Zoom are linked on the Town’s
website and to this agenda.
Members of the public may provide public comment by sending comments to the Town Clerk by email at
comments@townoftiburon.org. Comments received prior to the start of the Council meeting will be
distributed electronically to the Town Council and posted on the Town’s website. Comments received
after the start time of the Council meeting, but prior to the close of public comment period for an item,
will then be read into the record, with a maximum allowance of 3 minutes per individual comment,
subject to the Mayor’s discretion. All comments read into the record should be a maximum of 500
words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after
the agenda item is heard but before the close of the meeting, the comment will still be included as a part
of the record of the meeting but will not be read into the record.
Any member of the public who needs accommodations should email or call the Town Clerk who will use
their best efforts to provide reasonable accommodations to provide as much accessibility as possible
while also maintaining public safety in accordance with the Town’s procedure for resolving reasonable
accommodation requests. All reasonable accommodations offered will be listed on the Town’s website at
www.townoftiburon.org.
SPECIAL MEETING – 4:00 P.M.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Ryan, Vice Mayor Welner, Mayor Thier
CLOSED SESSION
1. CONFERENCE WITH PROPERTY NEGOTIATORS
Property: (500 Tiburon Boulevard)
Town Negotiator: (Town Manager and Town Attorney)
Negotiating Parties: (Richardson Bay Sanitation District)
Under Negotiations: (Concerning prices and terms of payment)
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of Case: (Application of Blue & Gold Fleet, L.P. For Authorization to Discontinue
Scheduled Passenger Transport Service, Public Utilities Commission, Application No. 20-09-
005)
INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS
• James Malott (Design Review Board – 1 vacancy)
• Dan Emerson (Belvedere-Tiburon Joint Recreation Committee – 1 vacancy)
• Eddy Dominguez (Belvedere-Tiburon Joint Recreation Committee – 1 vacancy)
ADJOURNMENT – to regular meeting
REGULAR MEETING – 5:00 P.M.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Ryan, Vice Mayor Welner, Mayor Thier
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this time.
Please note however, that the Town Council is not able to undertake extended discussion or action on
items not on the agenda. Matters 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
P-1. Introduction of New Town Staff – Allison Bartlett, Accounting & Human Resources
Technician
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 Manager Employment Agreement – Adopt resolution authorizing fifth amendment to
the Town Manager’s Employment Agreement (Office of the Town Attorney)
CC-2. Town Council Minutes – Adopt minutes for August 4, 2021 special and regular Town Council
meetings (Department of Administrative Services)
CC-3. Town Council Minutes – Adopt minutes for August 11, 2021 special Town Council meeting
(Department of Administrative Services)
CC-4. Town Council Minutes – Adopt minutes for August 18, 2021 special and regular Town Council
meetings (Department of Administrative Services)
CC-5. Vacancies on Town Boards & Commissions – Announce special vacancy on Marin
Commission on Aging (Department of Administrative Services)
ACTION ITEMS
AI-1. Appointments to Town Boards & Commissions – Consider appointments to the Design
Review Board and the Belvedere-Tiburon Joint Recreation Committee (“The Ranch”) Board of
Directors (Department of Administrative Services)
AI-2. Donahue Building Window Replacement Project – Consider request by the Landmarks
Society to waive building permit fees for a restoration project at the Donahue Building and
request for the Town to make a financial contribution to the project (Office of the Town
Manager)
PUBLIC HEARINGS
PH-1. 1704 Tiburon Boulevard – Consider appeal by K2 Properties, LLC of the Community
Development Director’s interpretation of the Town’s Zoning Ordinance (Community
Development Department)
Owner/Appellant: K2 Properties, LLC
Address: 1704 Tiburon Boulevard
Assessor Parcel No.: 059-102-17
DISCUSSION ITEMS
DI-1. General Plan Diversity Element – Discussion of recommendation by the Diversity Inclusion
Task Force to add a Diversity Element to the Town’s General Plan.
TOWN COUNCIL REPORTS
TOWN MANAGER REPORT
TM-1. CARES Act Funding – The Town Manager will give an update to the Council related to
allowable spending of CARES Act funding.
ADJOURNMENT
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Town Clerk at (415) 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 viewing 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,
www.townoftiburon.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.
INTERVIEW 1
INTERVIEW 2
Town of Tiburon
1505 Tiburon Blvd., Tiburon, CA 94920
lstefani@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
Applicant Name
Full Name: Date:
Areas of Interest
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
;
Dan Emerson 6/18/2021
Applicant Information
Address:
Street Address Apartment/Unit #
City State ZIP Code
Phone:Email:
Why did you select your area(s) of interest?
What are your applicable qualifications and experiences?
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.
15 Red Hill Circle F
Tiburon CA 94920
206-391-8304 dan.r.emerson@gmail.com
I grew up playing sports and going to camps through the city recreation program and always
had a great experience. Being able to serve in one area I have a little experience allowing me
to contribute to the community my family and I live in. I have spent most of my professional
career working in college athletic and recreation. This opportunity would allow me to pay it
forward and pay it back in an area where I have some of my greatest memories as a kid.
My qualifications for this board are vast and wide. My undergraduate degree is in education
with an emphasis in health and fitness. I have being involved with athletics for my entire life,
from playing in my local recreation programs including leagues and camps. I have coaches
basketball at multiply levels (from local recreation league, Junior College, and NCAA Division I
and II). I have work sport summer camps (Duke University, Stanford University, University of
Maryland, UCLA, University of Utah, Portland State University, Western Washington University,
and Humboldt State University). I have hosted/directed sports summer camps or leagues
(Seattle University, Simon Fraser University, and Bellevue College). I currently work in college
athletics were we sponsor 14 sports where I help manager scholarship and program budgets
and NCAA compliance.
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INTERVIEW 3
Town of Tiburon
1505 Tiburon Blvd., Tiburon, CA 94920
lstefani@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
Applicant Name
Full Name: Date:
Areas of Interest
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
Eduardo J. Dominguez ("Eddy") 7/8/2021
1
Applicant Information
Address:
Street Address Apartment/Unit #
City State ZIP Code
Phone:Email:
Why did you select your area(s) of interest?
What are your applicable qualifications and experiences?
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.
55 Red Hill Circle G
Tiburon Belvedere CA 94920
407-446-2444 eddydominguez@alumni.harvard.edu
I saw on the town website that you are now accepting applications from residents interested in
serving on the Ranch Committee. Having recently moved to the area, I would like to get
involved with helping our local community thrive. In my previous Central Florida home, I was
deeply involved at the grass roots level across several organizations, and would very much
appreciate the opportunity of volunteering here in my new home to insure that there is always a
plethora of recreational activities available, not only for my two children, but for all families
members, both young and old, across the Tiburon-Belvedere area.
I have extensive qualifications and several decades of experience serving on public and
nonprofit boards (Harvard Alumni Association - Director of Clubs; Latino Leadership - Board
Chair; Advent Health Foundation - Executive Board Member; Santiago & Friends Family Center
- Founding Board Member), as well as leading several community-based recreational youth
programs (Boy Scouts of America - VP of Diversity/Cubmaster/Scoutmaster, HC Soccer Club -
President, Dr. Phillips Elementary Magnet Program - Marketing Chair, and Dr. Phillips Little
League - Licensed Coach). Please see my resume (attached) for many more affiliations,
qualifications and experiences.
Eduardo J. Dominguez, SHRM-SCP, CBI, M&AMI
www.linkedin.com/in/eddydominguez - Tiburon Belvedere, CA 94920 Cell Phone: 407-446-2444 - Email: eddydominguez@alumni.harvard.edu
PROFILE
Harvard graduate with 20+ years of senior executive experience in C-suite and corporate governance roles. Versatile and
dedicated professional that leads a portfolio of corporate strategy teams ranging from an agile business development group to a highly matrixed, cross-functional group of 200 remote and geographically distributed staffing associates. Consummate
innovator that drives strategic initiatives focused on business management metrics, executing best-practices, and improving workforce efficiency. Delivers an expert skill set in business operations, corporate strategy, client engagement, HR performance, tech recruiting, and customer development. Excels at interpersonal communication skills, quantitative analysis,
qualitative issue resolution, team management, and driving organizational change that has multiplied enterprise value by 5x. Embraces a corporate culture of equity, diversity, inclusion, and servant-leadership. Develops exceptional, decades-long relationships with Fortune 500 clients, senior executives, and internal stakeholders. Naturally builds trust, credibility, and
rapport; resolves complex issues with a smile; and exudes calmness under pressure. Inspiring leader with fast-learning curve and proven track record of performance management, process improvement, and exceeding $100M growth at 20% CAAGR.
CURRENT POSITION
PROFESSIONAL EXPERIENCE
Senior Executive Vice President | Senior Director, Sales Resource Employment Solutions
December 2010 – May 2021 Orlando, FL
- Lead senior executive team and manage P&L of national staffing & technology consulting firm of 5,000+ workers.
- Direct client partnership development for 25,000+ new hires & full lifecycle recruiting from sourcing to retention.
- Redesign, streamline, inspire and scale effective recruitment strategies, HRIS process & design for Fortune 500s.
RESULTS: Recruited & trained 20+ sales team that posted over $100M sales growth with 20% CAAGR in 2020.
Director of Global Business Development King Lombardi Acquisitions | VR
December 2009 - December 2010 Fort Lauderdale, FL
- Reorganized and digitized international franchise recruitment and client consulting on acquisition for 150+ sites.
- Implemented M&A advisory programs across World, in Americas, LATAM, Canada, Europe, IMEA, and APAC.
- Spearheaded R&D for a CRM-based talent hiring program delivering HR business partners for 1,500+ brokers.
RESULTS: Modernized FDD, restructured HR policies, prioritized IT innovation, and tripled overseas footprint.
Chief Executive Officer | COO Capital Business Group | VR M&A
March 2006 - December 2009 Orlando, FL
- Recruited, trained and managed regional investment advisory team brokering 200+ corporate divestitures per year.
- Innovated consulting & conflict resolution program for middle-market M&A deals with consistent 95% close rate.
- Consulted on organization development & talent hiring, inclusive strategy & cost-cutting to achieve 200% ROI.
RESULTS: Integrated private equity acquisition in CFL, exceeding $100M by teaching brokers to prioritize tasks.
SVP | Managing Partner VR Mergers & Acquisitions® | IBG August 2004 - March 2006 Coral Gables, FL
- Transformed M&A operation by recruiting and educating force of 40+ agents to scale up deal flow over 50%.
- Overhauled brokerage learning products, diversified employee hiring by 25% and restructured COE team.
- Developed change management initiative to deepen partner channels for service delivery across 100+ offices.
RESULTS: As VP, forged strategic alliances & revamped talent to manage projects and exceed $120M in sales.
Senior Business Development Director - Venture Global May 2021 – Present Elements Global Services San Francisco ,CA
- In charge of business development for start-up division focused on global payroll services and HR outsourcing.
- Manage sales & marketing of M&A services to private equity groups, venture capital firms, and investment funds.
- Oversee implementation of technology-backed solutions for Employer of Record (EOR) and ASO/BPO services.
CHRO | Senior Director, Corporate Development VR Business Brokers® | BBG
October 2002 - August 2004 Miami, FL
- Acquired top B2B sales talent and revamped retention, conversion & training, improving hiring KPIs by 25%.
- Devised strategic direction & employee performance management plans, expanding recognitions over 300%.
RESULTS: Executed the global marketing plan for the successful sale of $110M property management firm.
IT Consultant | Project Manager Baltimore Technologies
February 2001 - September 2002 Boston, MA
- Introduced continual improvement of shared services, doubling R&D workflow, and reducing IT defect-rate.
- Re-engineered decision-making in complex projects, assuring that hosting facility surpassed build out by 50%.
RESULTS: Coordinated world-wide expansion of $20M unit for transaction encryption / merchant bank security.
CEO | Head of Sales | Founder Cambridge Webworks
February 1999 - January 2001 Cambridge, MA
- Established consulting practice for secure web product development & pro-active coaching at schools and SMBs.
- Launched new sales, recruitment, and innovative rewards program that integrated with client service via VPN.
- Pioneered remote management of web content deployment, creativity campaigns & 90-day marketing sprints.
RESULTS: Achieved 25% increase in consumers base by developing reliable sales channels for partnership referrals.
Public Relations Officer | Archivist Harvard Law School June 1997 - February 1999 Cambridge, MA
- Drafted 300+ PR communications; directed public affair presentations/meetings at news office & law library.
- Researched cases, edited press releases, reviewed legal proceedings and tripled volume of assets catalogued.
- Dispatched & processed 1,000s of memos, publications, and IP corporate agreements; & led vendor management.
RESULTS: Effected technical industry solution for productivity, access to documentation and 200% social reach.
SKILLS
Human Resources: workforce planning; workflow problem-solving; policy insight; equity initiatives; EEOC case
mediation; talent acquisition; employment law investigations; contingent workforce on-boarding; labor relations counsel; recruiting / staffing; training effectiveness; compliance driven reporting; PTO requirements; MSP / VMS /
ATS sourcing; HR business partner; collaborative capabilities; presentation skills; compensation practices; ethics.
Corporate Development: financial reporting; financial performance analysis; trend forecasting; pitchbooks; RFPs; financial literacy; growth frameworks; marketing strategy; payroll integrations; budget / audit planning; supply chain
negotiation; due diligence; M&A; LOIs, contracts; valuation; motivating proactively lean-thinking, Kaizen, continual improvement programs; pivot tables; buy/sell representation; strategic analysis; attention to detail; problem-solving.
Information Technology: cloud-based / SaaS / PaaS systems; applicant tracking systems (Prism HR / Bullhorn);
RPOs, data visualization; SaaS networking; cryptocurrency / block chain payment; machine learning, HTML, ISS, Java, JavaScript, Python, artificial intelligence; Adobe Acrobat, Photoshop & Creative Cloud; Tableau; Salesforce CRM; Microsoft Word / Excel; Google Docs, Forms, Slides; Workday ERP; digital white papers; Fintech roadmap.
EDUCATION Harvard University Cambridge, MA
- Conferred Bachelor of Arts (BA), Cum Laude, in Government and Economics, with a 3.7 GPA.
- Earned a Certificate in Latin American Studies and a Citation in Spanish Language mastery.
Kellogg School of Management at Northwestern University Evanston, IL
- Conferred Masters (MS) level certificate in Business (Advanced Management Executive Program).
- Awarded Scholarship by the National Minority Supplier Diversity Council Doctorate Degree Program.
PROFESSIONAL CERTIFICATIONS AND LICENCES Society for HR Management - Senior Certified Professional (SHRM-SCP)
- Earned certification as a Senior Professional in Human Resource program tmanagement.
- Executive Member in Good Standing and Point of Contact, SHRM - HR Florida.
Certified Business Intermediary (CBI)
- Achieved certification for business sales and private brokerage through the IBBA.
Merger & Acquisition Master Intermediary (M&AMI)
- Granted M&AMI designation for investment banking through The M&A Source.
Licensed and Certified Real-Estate Broker (CRB)
- Licensed as a Business Broker and Real Estate Associate by the Florida DBPR.
- Certified as a Business Valuation and Commercial Property Appraisal Expert.
APPOINTMENTS TO BOARDS OF DIRECTORS
- Latino Leadership - Chairman of nonprofit providing clinical rehabilitation, educational and social customer service.
- Advent Health Foundation - Board executive of national hospital network's philanthropy fund for disease research.
- Harvard Club of Central Florida - President for Central Florida alumni club and college applicant interviewer.
- Santiago & Friends Autism Center - Co-founder of nonprofit youth clinic for autism therapy and other disabilities.
- Dr. Phillips Elementary/High School – member of S.A.C. and PTA Board and OCPS Foundation business leaders.
- Boy Scouts of America - CFL Council Executive Board Member and Area 4 (State of Florida) V.P. of Diversity.
AFFILIATIONS
- Harvard Alumni Association and Harvard Club of Central Florida - Board Member and Club Officer.
- Association for Corporate Growth (ACG) - honorary member and recipient of the SMART Award.
- Holy Family Catholic Church Member - Spiritual Chair of Christ Renews His Parish cross-cultural retreat.
- Orange Tree Country Club - Community Member and Latino Open Charity Golf Tournament Chairman.
- Boy Scouts of America - Cubmaster (Pack 114); Committee Chair (Troop 128); First Mate (Ship 114).
- Dr. Phillips Little League and Hunters Creek Soccer Club - Licensed Youth Coach and Board Member.
- Y.M.C.A. / American Red Cross / United Way / Sierra Club - Community Donor and Corporate Sponsor.
HONORS AND RECOGNITION
- Named to Golden 100 and Fast 50 Lists by Orlando Business Journal
- Corporate recipient of Don Quixote Award for Hispanic Business of the Year
- Premios Pauli - “Emprendedor del Año” (Businessman of the Year) national award recipient.
- Named as Top 25 Franchisors for Hispanics, Minorities and Veterans by Poder and USA Today.
- CFCAR Hallmark Circle of Achievement Award for Commercial Sales.
- VR M&A Bronze, Gold, Platinum & Double Diamond National Sales Awards.
- Business Brokers of Florida Million Dollar Plus Sales Award for Executive Leadership Capabilities.
- VR National Awards: Top Recruiter of the Year and Largest Transaction in Franchise History.
- Harvard Book Award for leadership experience and Harvard Dean’s List Award.
- Danse Star Award for dedication and Optimist Club Award for achievement and impact.
- U.S. Congressional Letter of Commendation.
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Office of the Town Attorney
Subject: Recommendation to Approve Fifth Amendment to the Town Manager’s Employment Agreement
Reviewed By: n/a _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY The Council will consider approval of an amendment to the Town Manager’s Employment Agreement. RECOMMENDED ACTION(S) 1. Consider approval of the draft Resolution Approving the Fifth Amendment to the Town Manager’s Employment Agreement. 2. Authorize the Mayor to execute the Fifth Amendment to the Town Manager’s Employment agreement on behalf of the Town.
BACKGROUND
The Town retained Gregory Chanis as the Town Manager pursuant to an Employment Agreement dated December 22, 2016. Section 5 of the Agreement provides for annual performance reviews, “on or before the anniversary of the Employee’s initial hire each year and salary adjustments will be considered in conjunction with the performance evaluation.” On January 20, 2021, the
Council established an ad hoc subcommittee of Mayor Thier and Councilmember Ryan to the
Town Manager Performance Evaluation ad hoc subcommittee for his 2020 evaluation. The Council completed its annual performance review, and the ad hoc subcommittee has recommended the following adjustments to the Town Manager’s agreement based on the Council’s evaluation that are attached hereto as a draft Fifth Amendment to the Employment
Agreement (Exhibit 1). The Town’s compensation policy provides that Town salaries shall be competitive with comparable positions in the market. Accordingly, the ad hoc subcommittee recommends a 3.0%
cost of living increase in the Town Manager’s base salary.
In addition, the ad hoc subcommittee recommends providing the Town Manager a one-time retention incentive in the amount of $4,240.00 representing the cost of living increase retroactive to January 1, 2021, and a one-time lump-sum employer contribution of $5,000.00 payable to a
Town-sponsored tax-deferred retirement plan.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting September 1, 2021
Agenda Item: CC - 1
Town Council Meeting September 1, 2021
TOWN OF TIBURON PAGE 2 OF 2
In regards to the process for subsequent annual reviews of the Town Manager, the Town Council will conduct a compensation survey from an independent consultant selected by the Council. The Town Manager will send review materials to the Town Council by the end of the second week in January, and the Town Council will complete its review by the beginning of March.
ANALYSIS No further analysis provided.
FINANCIAL IMPACT
The financial impact of the proposed amendment would be approximately $11,000 in the current fiscal year, and staff believes there are sufficient allocated funds in the current fiscal year budget to cover this cost, and therefore, is not requesting a budget amendment.
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.
RECOMMENDATION Staff recommends that the Town Council approve the draft Resolution (Exhibit 2) Approving the
Fifth Amendment to the Town Manager’s Employment Agreement and authorize the Mayor to
execute it on behalf of the Town.
Exhibit(s): 1. Draft Fifth Amendment to Town Manager’s Employment Agreement 2. Draft Resolution Approving Fifth Amendment to Town Manager Employment Agreement Prepared By: Benjamin Stock, Town Attorney
EXHIBIT 1
FIFTH AMENDMENT TO TOWN MANAGER’S EMPLOYMENT AGREEMENT
This FIFTH AMENDMENT TO THE TOWN MANAGER’S EMPLOYMENT AGREEMENT (“Amendment”) is effective as of September 1, 2021, by and between The Town of Tiburon (“Town”) and Gregory Chanis (“Employee”).
RECITALS A. The Town employs Employee as its Town Manager, pursuant to an Employment Agreement effective December 22, 2016 (“Manager’s Agreement”).
B. The Town entered into a First Amendment to the Town Manager’s Employment Agreement on February 1, 2017 (“First Amendment”). C. The Town entered into a Second Amendment to the Town Manager’s
Employment Agreement on March 21, 2018.
D. The Town entered into a Third Amendment to the Town Manager’s Employment Agreement on June 5, 2019.
E. The Town entered into a Fourth Amendment to the Town Manager’s
Employment Agreement on June 17, 2020. F. The Town Council has conducted its annual performance evaluation of Employee as set forth in the Manager’s Agreement and finds that the Employee has
demonstrated management and leadership skills that compare favorably to persons
holding similar positions in similar agencies. G. The Town’s policy is to offer compensation packages that are competitive with similar employers for similar positions so as to maintain the highest quality staff to
serve the public. After completing the Manager’s annual review, the Council has decided
to modify the Manager’s Agreement and compensation as set forth in this Amendment and Employee has agreed to such modification.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND OF THE MUTUAL PROMISES AND CONDITIONS OF THIS AMENDMENT, IT IS AGREED AS FOLLOWS: 1. Base Salary. Section 4.1 of the Manager’s Agreement shall be amended as
follows:
Employee’s current base salary of $222,776 shall be increased by 3.0% to Two Hundred Twenty Nine Thousand Four Hundred Fifty Nine Dollars ($229,459) per year.
2. Manager’s Agreement Otherwise Unchanged. Except as expressly modified
by this Amendment, the Manager’s Agreement between the Town and Employee shall remain in full force and effect.
IN WITNESS WHEREOF, this Fourth Amendment to the Manager’s Agreement shall
be effective as of the day and year written above. Dated:__09/01/2021___________
THE TOWN OF TIBURON:
By: ______________________ Holli Thier
Mayor, Town of Tiburon
APPROVED AS TO FORM
__________________________
Benjamin Stock Town Attorney, Town of Tiburon
EMPLOYEE __________________________ Gregory Chanis
Town Manager, Town of Tiburon
EXHIBIT 2
Page 1 of 2
Town Council Resolution No. XX- 2020 DRAFT 06/17/2020
DRAFT RESOLUTION NO. xx-2021
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PROVIDING A LUMP-SUM RETENTION INCENTIVE TO THE TOWN MANAGER AND APPROVING THE FIFTH AMENDMENT TO TOWN MANAGER’S EMPLOYMENT AGREEMENT
WHEREAS, on December 22, 2016, the Town Council approved a contract for the employment
of Gregory Chanis to the position of Town Manager (“Manager’s Agreement”); and WHEREAS, on February 1, 2017, the Town Council entered into a First Amendment to the Town Manager’s Employment Agreement (“First Amendment”); and
WHEREAS, on March 21, 2018, the Town Council entered into a Second Amendment to the Town Manager’s Employment Agreement (“Second Amendment”); and WHEREAS, on June 5, 2019, the Town Council entered into a Third Amendment to the Town
Manager’s Employment Agreement (“Third Amendment”); and
WHEREAS, on June 17, 2020, the Town Council entered into a Fourth Amendment to the Town Manager’s Employment Agreement (“Fourth Amendment”); and
WHEREAS, the Town Council conducted the Town Manager’s performance evaluation on
August 18, 2021; and WHEREAS, the Town’s policy is to offer compensation packages that are competitive with similar employers for similar positions so as to maintain the highest quality staff to serve the
public. After completing the Town Manager’s annual review, the Council has decided to modify
the Manager’s Agreement and compensation as set forth in the Fourth Amendment to Town Manager’s Employment Agreement attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Tiburon as follows:
Section 1. Payable on the first regular payroll following adoption of this Resolution, the Town Manager shall receive a lump-sum retention incentive of $4,240.00 (subject to applicable payroll taxes), representing the cost of living increase retroactive to January 1, 2021.
Section 2. Payable on the first regular payroll following adoption of this Resolution, the
Town Manager shall receive a one time lump-sum employer contribution of $5,000 to a Town-sponsored tax-deferred retirement plan, and hereby authorizes the Mayor to sign the attached Fifth Amendment to Town Manager’s Employment Agreement.
PASSED AND ADOPTED at a regular meeting of the Town Council on September 1, 2021, by
the following vote: AYES:
Page 2 of 2
Town Council Resolution No. XX- 2020 DRAFT 06/17/2020
NAYS: ABSENT:
__________________________ HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST:
____________________________ LEA STEFANI, TOWN CLERK
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Tiburon Town Council Minutes #13-2021 DRAFT August 4, 2021
TOWN COUNCIL SPECIAL & REGULAR MEETING
DRAFT MINUTES
Consistent with Executive Orders No. N-25-20 and N-29-20 from the Executive Department of the State of California, councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s
website and submitting comments to comments@townoftiburon.org to be included in the public
record for the meeting.
SPECIAL MEETING – 4:00 P.M.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Ryan, Vice Mayor Welner, Mayor Thier
CLOSED SESSION
1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION(Paragraph (1) of subdivision (d) of Section 54956.9)Name of case: (Ghilotti Bros., Inc. v. Town of Tiburon, Marin County Superior CourtCase Number CIV2003478)
2.PUBLIC EMPLOYEE PERFORMANCE REVIEW(Government Code Section 34957)Title: Town Manager
ADJOURNMENT – to regular meeting
REGULAR MEETING – 5:00 P.M.
Mayor Thier called the regular meeting of the Tiburon Town Council to order at 5:00 p.m. on
Wednesday, August 4, 2021.
CALL TO ORDER AND ROLL CALL
PRESENT: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner
ABSENT: COUNCILMEMBERS: One Vacant Seat
PRESENT: EX OFFICIO: Town Manager Chanis, Director of Public Works/Town Engineer Palmer, Director of Community Development Tasini, Director of
Administrative Services Creekmore, Town Clerk
Stefani
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
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Tiburon Town Council Minutes #13-2021 DRAFT August 4, 2021
The Town Council approve 4-0 a settlement agreement with Ghilotti Brothers, Inc. in the amount
of $81,111 in connection with a dispute over a road construction project. ORAL COMMUNICATIONS Conor Flaherty expressed disappointment an item to consider an extension of the Slow Streets
program, now expired, was not placed on tonight’s agenda. CONSENT CALENDAR CC-1. Town Council Minutes – Adopt minutes for June 16, 2021 regular Town Council
meeting (Department of Administrative Services) CC-2. Town Council Minutes – Adopt minutes for June 29, 2021 special Town Council meeting (Department of Administrative Services)
CC-3. May Investment Summary – Adopt investment summary for month ending May 31,
2021 (Department of Administrative Services) CC-4. June Investment Summary – Adopt investment summary for month ending June 30, 2021 (Department of Administrative Services)
CC-5. Management and Unrepresented Employees – Adopt resolutions amending management and unrepresented employee recognition and incentive compensation programs for Fiscal Year 2021-22 (Department of Administrative Services)
CC-6. Service Employees International Union – Approve Memorandum of Understanding
and authorize the Town Manager to execute the agreement (Department of Administrative Services) CC-7. Fiscal Year 2021-22 Budget Amendment – Approve FY2021-22 budget amendment
in the amount of $27,797 to reflect salary and employee compensation adjustments
(Department of Administrative Services) CC-8. League of California Cities Annual Conference – Appoint voting delegate and alternate for the League of California Cities Annual Business Meeting (Department of
Administrative Services) CC-9. 281 Karen Way Appeal – Adopt resolution that would deny the appeal heard by Council on June 16, 2021 (Community Development Department)
CC-10. Virginia Utility Undergrounding District – Adopt resolution declaring surplus
improvement funds in the amount of $120,600 and authorize disposition of the funds (Office of the Town Manager)
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CC-11. Hawthorne Utility Undergrounding District – Authorize the Town Manager to execute easement acquisition agreements at 2 Palmer Court, 4 Palmer Court, and 700
Tiburon Boulevard (Department of Public Works) CC-12. Abandoned Vehicle Abatement Program – Adopt resolution that would extend the Abandoned Vehicle Abatement Program fee until 2032 (Office of the Town Manager)
CC-13. SB1 Road Repair and Accountability Act – Adopt resolution that would allocate FY
2021-22 State Road Maintenance and Rehabilitation Account (RMRA) funds to fund the 2023 Street Paving Project (Department of Public Works) CC-14. Fiscal Agent SB1383 Consulting – Authorize Town Manager to enter into agreement
with R3 Consulting for SB 1383 Implementation Planning on behalf of all Mill Valley
Refuse Service Franchisees (Office of the Town Manager) CC-15. Marin County Housing First Case Management Program – Authorize the Town Manager to enter into an agreement with the County of Marin to contribute funds in the
amount of $40,269 to the Housing First Case Management Program and authorize a FY
2021-22 budget amendment in the amount of $40,269 (Office of the Town Manager) CC-16. Belvedere-Tiburon Joint Recreation Committee (“The Ranch”) – Authorize a financial contribution toward the Ranch in the amount of $54,880 and authorize a FY
2021-22 budget amendment in the amount of $54,880 (Office of the Town Manager)
Mayor Thier requested Consent Calendar Item No. CC-9 be removed and Councilmember Ryan requested Item No. CC-11 be removed.
MOTION: To adopt Consent Calendar Items No. 1-8, 10, & 11-16, as written.
Moved: Welner, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat
CC-9. 281 Karen Way Appeal – Adopt resolution that would deny the appeal heard by
Council on June 16, 2021 (Community Development Department) Mayor Thier stated she would recuse herself from the vote.
MOTION: To adopt Consent Calendar Item No. 9, as written.
Moved: Ryan, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Welner RECUSED: Thier ABSENT: One Vacant Seat
CC-11. Hawthorne Utility Undergrounding District – Authorize the Town Manager to execute easement acquisition agreements at 2 Palmer Court, 4 Palmer Court, and 700 Tiburon Boulevard (Department of Public Works)
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Tiburon Town Council Minutes #13-2021 DRAFT August 4, 2021
Councilmember Ryan stated he had a material property interest within the District and would
recuse himself from the vote.
MOTION: To adopt Consent Calendar Item No. 11, as written. Moved: Fredericks, seconded by Thier VOTE: AYES: Fredericks, Thier, Welner
RECUSED: Ryan
ABSENT: One Vacant Seat ACTION ITEMS
AI-1. Magellan Advisors Broadband Proposal – Receive presentation from Magellan
Advisors and consider authorizing the Town Manager to enter into an Agreement for developing a Broadband Strategic Plan for the Town of Tiburon (Office of the Town Manager)
MOTION: To authorize the Town Manager to draft and execute a contract with Magellan
Advisors in the amount of $93,750 for the completion of a Broadband Strategic Plan and to authorize a Fiscal Year 2021-22 budget amendment in the amount of $93,750 to fund the Plan with the source of funds to be from the American Rescue Plan Restricted Reserve Fund (ARP2).
Moved: Thier, seconded by Welner
VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat PUBLIC HEARINGS
PH-1. Mill Valley Refuse Service Rate Increase Application – Consider adoption of a resolution that would approve a rate increase requested by Mill Valley Refuse Service for residential and commercial refuse hauling services (Office of the Town Manager)
Public comment was received by David Barker.
MOTION: To adopt the resolution approving solid waste collection rates for 2021-2022. Moved: Fredericks, seconded by Ryan VOTE: AYES: Fredericks, Ryan
NAYS: Thier, Welner
ABSENT: One Vacant Seat MOTION: To continue the Public Hearing to the August 18, 2021 Town Council meeting, pending additional information requested.
Moved: Fredericks, seconded by Welner
VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat
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Tiburon Town Council Minutes #13-2021 DRAFT August 4, 2021
PH-2. Zoning Text Amendments – Consider Municipal Code Amendments to Chapter 16 (Zoning) that would further define Accessory Dwelling Unit (ADU) unit size and type,
including additional text amendments to ensure consistency with state law – Introduction
and first reading of ordinance (Community Development Department) MOTION: To send the draft ordinance back to the Planning Commission for further consideration, with the Council’s feedback to request reconsideration of the
maximum square footage (1200 square feet vs. 1000 square feet) and to consider
staff’s setback proposal. Moved: Welner, seconded by Ryan VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat
PH-3. Tiburon Tourism Business Improvement District (TTBID) – Conduct Public Hearing to: a) consider any protests to continue TTBID assessments as set forth in Resolution No. 24-2021; b) consider adoption of resolution to continue TTBID assessments as set forth in Resolution No. 24-2021 (Office of the Town Manager)
MOTION: To adopt the resolution to Collect and Levy Assessments to fund the TTBID program. Moved: Thier, seconded by Ryan VOTE: AYES: Fredericks, Ryan, Thier, Welner
ABSENT: One Vacant Seat PH-4. Cypress Hollow Landscape and Lighting District (LLD) – Hold Public Hearing and consider adoption of a resolution that would confirm the assessments and order the levy and collection of assessments within the district for FY 2021-22 (Department of Public
Works) MOTION: To adopt a resolution confirming the assessments and ordering the levy and collection of assessments within the district for Fiscal Year 2021-22. Moved: Ryan, seconded by Fredericks
VOTE: AYES: Fredericks, Ryan, Welner, Thier
ABSENT: One Vacant Seat TOWN COUNCIL REPORTS
Councilmember Fredericks requested the Council request a presentation from Richardson Bay
Regional Agency Harbormaster Curtis Havel regarding the activities of the agency and the Council’s responsibility and role. TOWN MANAGER REPORT
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There being no further business before the Town Council of the Town of Tiburon, Mayor Thier adjourned the meeting at 7:25 p.m.
HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST:
LEA STEFANI, TOWN CLERK
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Tiburon Town Council Minutes #14-2021 DRAFT August 11, 2021
TOWN COUNCIL SPECIAL MEETING
DRAFT MINUTES
Consistent with Executive Orders No. N-25-20 and N-29-20 from the Executive Department of the State of California, councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s
website and submitting comments to comments@townoftiburon.org to be included in the public
record for the meeting.
SPECIAL MEETING – 4:00 P.M.
Mayor Thier called the special meeting of the Tiburon Town Council to order at 4:00 p.m. on
Wednesday, August 11, 2021.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Ryan, Vice Mayor Welner, Mayor Thier
CLOSED SESSION
1.Public Employee Performance Review: Government Code Section 34957
Title: Town Manager
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
There was none.
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Thier adjourned the meeting at 5:00 p.m.
HOLLI THIER, MAYOR TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK DR
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Tiburon Town Council Minutes #15-2021 DRAFT August 18, 2021
TOWN COUNCIL SPECIAL & REGULAR MEETING
DRAFT MINUTES
Consistent with Executive Orders No. N-25-20 and N-29-20 from the Executive Department of the State of California, councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s
website and submitting comments to comments@townoftiburon.org to be included in the public
record for the meeting.
SPECIAL MEETING – 4:00 P.M.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Ryan, Vice Mayor Welner, Mayor Thier
CLOSED SESSION
1.PUBLIC EMPLOYEE PERFORMANCE REVIEW(Government Code Section 34957)Title: Town Manager
ADJOURNMENT – to regular meeting
REGULAR MEETING – 5:00 P.M.
Mayor Thier called the regular meeting of the Tiburon Town Council to order at 5:00 p.m. on
Wednesday, August 18, 2021.
CALL TO ORDER AND ROLL CALL
PRESENT: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner
ABSENT: COUNCILMEMBERS: One Vacant Seat
PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Community Development Tasini, Director of Administrative Services Creekmore,
Associate Engineer, Eshoo, Town Clerk Stefani
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
None.
ORAL COMMUNICATIONS
There were none.
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Tiburon Town Council Minutes #15-2021 DRAFT August 18, 2021
PRESENTATIONS
P-1. Presentation of Mayor’s Proclamation to the Ark Newspaper CONSENT CALENDAR CC-1. Town Manager Employment Agreement – Adopt resolution authorizing fifth
amendment to the Town Manager’s Employment Agreement (Office of the Town
Attorney) CC-2. TRC Engineers, Inc. – Authorize the Town Manager to execute an agreement for construction management and inspection services not to exceed $270,000 (Department
of Public Works) CC-3. Possession & Use Agreement – Approve a possession & use agreement to possess and use property at 650 Tiburon Boulevard related to the Hawthorne Utility Undergrounding District Project (Department of Public Works)
Mayor Thier announced Item No. CC-1 would be continued. Mayor Thier said she would recuse herself from the vote for Item No. CC-2 (TRC Engineers, Inc.) due to a business relationship. Councilmember Ryan said he would recuse himself from the
vote for Item No. CC-3 (Possession & Use Agreement) due to a material property interested
within the Hawthorne Utility Undergrounding District. CC-2. TRC Engineers, Inc. – Authorize the Town Manager to execute an agreement for construction management and inspection services not to exceed $270,000 (Department
of Public Works) MOTION: To adopt Item No. CC-2, as written. Moved: Ryan, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Welner
RECUSED: Thier
ABSENT: One Vacant Seat CC-3. Possession & Use Agreement – Approve a possession & use agreement to possess and use property at 650 Tiburon Boulevard related to the Hawthorne Utility
Undergrounding District Project (Department of Public Works)
MOTION: To adopt Item No. CC-3, as written. Moved: Fredericks, seconded by Welner VOTE: AYES: Fredericks, Thier, Welner
RECUSED: Ryan
ABSENT: One Vacant Seat ACTION ITEMS
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Tiburon Town Council Minutes #15-2021 DRAFT August 18, 2021
AI-1. Appointments to Town Boards & Commissions – Consider appointments to the Design
Review Board and the Belvedere-Tiburon Joint Recreation Committee (“The Ranch”)
Board of Directors (Department of Administrative Services) MOTION: To continue the item to the next Town Council meeting. Moved: Thier, seconded by Welner
VOTE: AYES: Fredericks, Ryan, Thier, Welner
ABSENT: One Vacant Seat AI-2. Slow Streets Program – Discuss 2021 Slow Streets program and consider potential extension of the program and street closure of Lower Main Street on weekends through
the fall (Office of the Town Manager) Public comment was received by Karen Beale, Conor Flaherty, Justin Flake, Maggie McDonogh, Paolo Petrone, Petra Bergstein, Paulino Monterroso, Hawi Awash, Petey Stein, and Rand Schulman.
MOTION: To direct staff to return to the Council within 90 days with a report or recommendation regarding a consultant to work on the future of the Slow Streets program and to create an ad hoc subcommittee to work with the consultant and community on downtown vibrancy.
Moved: Fredericks, seconded by Welner
VOTE: AYES: Fredericks, Thier, Welner NAYS: Ryan ABSENT: One Vacant Seat
The Council agreed Councilmember Ryan and Mayor Thier would serve on the ad hoc
subcommittee. PRESENTATIONS
P-2. Tiburon Peninsula Chamber of Commerce Presentation on Local Business Recovery P-3. Richardson Bay Regional Agency Presentation
PUBLIC HEARINGS PH-1. Mill Valley Refuse Service Rate Increase Application – Consider adoption of a resolution that would approve a rate increase requested by Mill Valley Refuse Service for residential and commercial refuse hauling services (Office of the Town Manager)
[CONTINUED FROM AUGUST 4, 2021] Public comment was received by David Barker.
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MOTION: To adopt the resolution approving solid waste collection rates for 2021-2022. Moved: Fredericks, seconded by Ryan
VOTE: AYES: Fredericks, Ryan, Thier, Welner
ABSENT: One Vacant Seat TOWN COUNCIL REPORTS
None.
TOWN MANAGER REPORT None
ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thier adjourned the meeting at 7:25 p.m.
HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST:
LEA STEFANI, TOWN CLERK
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STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Announcement of Special Vacancy on Marin Commission on Aging
Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY The Council will formally announce a special vacancy on the Marin Commission on Aging and invite
applications from qualified applicants. RECOMMENDED ACTION(S) 1. Announce the special vacancy on the Marin Commission on Aging by adoption of this item on the Consent Calendar.
BACKGROUND
Tonight the Council is announcing a special vacancy on the Marin Commission on Aging. On August 23, 2021, Julie Friedman informed staff of her resignation from the Commission on Aging, effective immediately. The Notice of Special Vacancy is attached as Exhibit 1. Staff will accept applications for the seat
until October 1, 2021 at 5:00 p.m. and schedule interviews with the Town Council. The Council will interview all new applicants before an appointment is made. The individual selected will be appointed to the remainder of the existing term until June 30, 2023. ANALYSIS
No further analysis provided. FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town by adoption of this item. CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting September 1, 2021
Agenda Item: CC-5
Town Council Meeting September 1, 2021
TOWN OF TIBURON PAGE 2 OF 2
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 announce the special vacancy on the Marin Commission on Aging by adoption of this item on the Consent Calendar.
Exhibit(s):
1. Pending Vacancy Notice – Marin Commission on Aging
Prepared By: Lea Stefani, Town Clerk
EXHIBIT 1
TOWN OF TIBURON
NOTICE OF SPECIAL VACANCY
ON TOWN BOARD OR COMMISSION
September 2021 MARIN COMMISSION ON AGING
Position: COMMISSIONER – TOWN OF TIBURON Term: 3 Years Purpose: The Marin County Commission on Aging is a federally mandated advisory council. The mission of the Commission is to promote the dignity,
independence and quality of life of older persons though advocacy, information, programs and services. Qualifications: Applicants must be residents of the Town of Tiburon and have the interest, dedication and time commitment to serve as a trustee on the Commission,
including attendance at regular monthly meetings and other activities. The pending vacancy on the Commission is as follows: Appointee Date Appointed Date Resigned Term Expiration
Julie Friedman August 19, 2020 August 23, 2021 June 30, 2023 Interested residents can contact Tiburon Town Clerk Lea Stefani at (415)435-7377 for more information, or pick up an application at Tiburon Town Hall, 1505 Tiburon Boulevard. Applications are also available online at www.townoftiburon.org.
Deadline for Applications: October 1, 2021 at 5:00 p.m.
Notice posted at Town Hall
Published in the Ark on September 1 & September 15, 2021
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Consider Appointments to the Design Review Board and the Belvedere-Tiburon Joint Recreation Committee (“The Ranch”) Board of Directors
Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY The Council will consider making one appointment to the Design Review Board and one appointment to the Heritage & Arts Commission. RECOMMENDED ACTION(S) 1. Consider appointing Jim Malott to the Design Review Board or direct staff to reopen the application period to consider additional applicants for the open seat. 2. Consider appointing Dan Emerson or Eddy Dominguez to the Ranch Board of Directors or direct staff to reopen the application period to consider additional applicants for the open seat.
BACKGROUND Two of the Town’s boards and commissions have experienced special (unscheduled) vacancies. The Design Review Board has had one vacancy since Board member Paolo Crescini’s resignation
on June 17, 2021, and Belvedere-Tiburon Joint Recreation Committee (“The Ranch”) Board of
Directors has had one vacancy since Board member Erin Burns’ resignation on May 28, 2021. Town staff advertised the vacancies according to Town Appointments Policy (Exhibits 1 and 2). The application period for the Design Review Board position closed on June 24, 2021. The
application period for The Ranch Board of Directors position closed on July 8, 2021.
ANALYSIS Design Review Board
Staff received one application for the Design Review Board prior to the close of the application period. Jim Malott applied to serve on the DRB on June 23, 2021, and he was interviewed by the Council tonight. Mr. Malott’s application is attached as Exhibit 3.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting September 1, 2021
Agenda Item: AI-1
Town Council Meeting September 1, 2021
TOWN OF TIBURON PAGE 2 OF 2
Tonight, the Council will consider appointing Mr. Malott to the DRB. If appointed, he will be appointed to the remainder of the existing term ending in February 2025. The Ranch Board of Directors
Staff received two timely applications to serve on the Ranch Board of Directors prior to the close of the application period. Both applicants were interviewed by the Council tonight. The applications of Dan Emerson and Eddy Dominguez are attached as Exhibits 4 and 5, respectively.
Tonight, the Council will consider appointing Mr. Emerson or Mr. Dominguez to the Ranch Board of Directors. The individual appointed will serve through the end of the existing term until February 2024.
FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town by making these appointments. CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon. 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. Consider appointing Jim Malott to the Design Review Board or direct staff to reopen the
application period to consider additional applicants for the open seat.
2. Consider appointing Dan Emerson or Eddy Dominguez to the Ranch Board of Directors or direct staff to reopen the application period to consider additional applicants for the open seat.
Exhibit(s):
1. Design Review Board Vacancy Notice 2. The Ranch Committee Vacancy Notice
3. Jim Malott Application Materials 4. Dan Emerson Application Materials
5. Eddy Dominguez Application Materials
Prepared By: Lea Stefani, Town Clerk
EXHIBIT 1
SPECIAL VACANCY NOTICE
On Town of Tiburon Boards, Commissions & Committees 2021
Design Review Board
Statutory Authority: Section 3.02 of the Tiburon Zoning Ordinance Term: Four Years Purpose: The Design Review Board reviews and acts on applications for Site Plan
and Architectural Review, which can include plans for new residential and
commercial buildings, remodels, additions, accessory buildings, swimming pools, fences, decks, and other structures. This review includes both the site layout and architectural design characteristics of a proposal. Decisions of the Board are final, unless appealed to the Town Council.
Qualifications: Applicants should be residents of the Town of Tiburon and have an interest and time available to help promote the general welfare and aesthetics of the community through proper regulation of site planning and architectural design. Formal training, experience and familiarity with
architecture, design, and/or landscape architecture are preferred. A
professional architect is highly desired. A vacancy on the Design Review Board has occurred as follows:
Appointee Date Appointed Date Resigned Term Expiration
Paolo Crescini August 2019 6/17/2021 2/28/2025 *********
Interested residents can contact Tiburon Town Clerk Lea Stefani at 435-7377 for more
information, or pick up an application at Tiburon Town Hall, 1505 Tiburon Boulevard. Applications are also online at www.townoftiburon.org. Deadline for Applications = June 24, 2021 at 5:00 P.M.
(Position open until filled) Notice posted at Town Hall Published in the Ark newspaper on June 9, 16, & 23, 2021
EXHIBIT 2
SPECIAL VACANCY NOTICE
On Town of Tiburon Boards, Commissions & Committees June 2021
BELVEDERE/TIBURON JT. RECREATION COMMITTEE
Statutory Authority: Joint Powers Agreement between City of Belvedere and Town of Tiburon Term: Four Years Purpose: The Committee is formed under a Joint Powers Agreement with the City
of Belvedere and Town of Tiburon and is comprised of an equal number
of Belvedere and Tiburon residents, a Reed Union School District Trustee, a member of each city council. The purpose of the Committee is to oversee the Joint Recreation Department mission to provide quality recreational and educational programs that inspire and enrich the lives of
children and adults in the community while maintaining a self-supporting
agency. The Committee meets monthly and serves as a policy-setting and advisory board to both the Belvedere City Council and Tiburon Town Council.
Qualifications: For this opening, applicants must be residents of the Town of Tiburon and
have the interest, desire, and time available to serve for a four-year term, including attendance at regular meetings and other activities. A vacancy has occurred as follows:
Appointee Date Appointed Date Resigned Term Expiration 1) Erin Burns March 2016 May 28, 2021 2/28/24
*********
Interested residents can contact Tiburon Town Clerk Lea Stefani at (415) 435-7377 or lstefani@townoftiburon.org for more information. Applications are available at Tiburon Town Hall, 1505 Tiburon Boulevard, or online at www.townoftiburon.org.
Deadline for Applications = July 8, 2021 at 5:00 P.M.
(Position open until filled)
Notice posted at Town Hall
Published in the Ark newspaper on June 16 & 23, 2021
EXHIBIT 3
EXHIBIT 4
Town of Tiburon
1505 Tiburon Blvd., Tiburon, CA 94920
lstefani@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
Applicant Name
Full Name: Date:
Areas of Interest
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
;
Dan Emerson 6/18/2021
Applicant Information
Address:
Street Address Apartment/Unit #
City State ZIP Code
Phone:Email:
Why did you select your area(s) of interest?
What are your applicable qualifications and experiences?
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.
15 Red Hill Circle F
Tiburon CA 94920
206-391-8304 dan.r.emerson@gmail.com
I grew up playing sports and going to camps through the city recreation program and always
had a great experience. Being able to serve in one area I have a little experience allowing me
to contribute to the community my family and I live in. I have spent most of my professional
career working in college athletic and recreation. This opportunity would allow me to pay it
forward and pay it back in an area where I have some of my greatest memories as a kid.
My qualifications for this board are vast and wide. My undergraduate degree is in education
with an emphasis in health and fitness. I have being involved with athletics for my entire life,
from playing in my local recreation programs including leagues and camps. I have coaches
basketball at multiply levels (from local recreation league, Junior College, and NCAA Division I
and II). I have work sport summer camps (Duke University, Stanford University, University of
Maryland, UCLA, University of Utah, Portland State University, Western Washington University,
and Humboldt State University). I have hosted/directed sports summer camps or leagues
(Seattle University, Simon Fraser University, and Bellevue College). I currently work in college
athletics were we sponsor 14 sports where I help manager scholarship and program budgets
and NCAA compliance.
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EXHIBIT 5
Town of Tiburon
1505 Tiburon Blvd., Tiburon, CA 94920
lstefani@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
Applicant Name
Full Name: Date:
Areas of Interest
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
Eduardo J. Dominguez ("Eddy") 7/8/2021
1
Applicant Information
Address:
Street Address Apartment/Unit #
City State ZIP Code
Phone:Email:
Why did you select your area(s) of interest?
What are your applicable qualifications and experiences?
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.
55 Red Hill Circle G
Tiburon Belvedere CA 94920
407-446-2444 eddydominguez@alumni.harvard.edu
I saw on the town website that you are now accepting applications from residents interested in
serving on the Ranch Committee. Having recently moved to the area, I would like to get
involved with helping our local community thrive. In my previous Central Florida home, I was
deeply involved at the grass roots level across several organizations, and would very much
appreciate the opportunity of volunteering here in my new home to insure that there is always a
plethora of recreational activities available, not only for my two children, but for all families
members, both young and old, across the Tiburon-Belvedere area.
I have extensive qualifications and several decades of experience serving on public and
nonprofit boards (Harvard Alumni Association - Director of Clubs; Latino Leadership - Board
Chair; Advent Health Foundation - Executive Board Member; Santiago & Friends Family Center
- Founding Board Member), as well as leading several community-based recreational youth
programs (Boy Scouts of America - VP of Diversity/Cubmaster/Scoutmaster, HC Soccer Club -
President, Dr. Phillips Elementary Magnet Program - Marketing Chair, and Dr. Phillips Little
League - Licensed Coach). Please see my resume (attached) for many more affiliations,
qualifications and experiences.
Eduardo J. Dominguez, SHRM-SCP, CBI, M&AMI
www.linkedin.com/in/eddydominguez - Tiburon Belvedere, CA 94920 Cell Phone: 407-446-2444 - Email: eddydominguez@alumni.harvard.edu
PROFILE
Harvard graduate with 20+ years of senior executive experience in C-suite and corporate governance roles. Versatile and
dedicated professional that leads a portfolio of corporate strategy teams ranging from an agile business development group to a highly matrixed, cross-functional group of 200 remote and geographically distributed staffing associates. Consummate
innovator that drives strategic initiatives focused on business management metrics, executing best-practices, and improving workforce efficiency. Delivers an expert skill set in business operations, corporate strategy, client engagement, HR performance, tech recruiting, and customer development. Excels at interpersonal communication skills, quantitative analysis,
qualitative issue resolution, team management, and driving organizational change that has multiplied enterprise value by 5x. Embraces a corporate culture of equity, diversity, inclusion, and servant-leadership. Develops exceptional, decades-long relationships with Fortune 500 clients, senior executives, and internal stakeholders. Naturally builds trust, credibility, and
rapport; resolves complex issues with a smile; and exudes calmness under pressure. Inspiring leader with fast-learning curve and proven track record of performance management, process improvement, and exceeding $100M growth at 20% CAAGR.
CURRENT POSITION
PROFESSIONAL EXPERIENCE
Senior Executive Vice President | Senior Director, Sales Resource Employment Solutions
December 2010 – May 2021 Orlando, FL
- Lead senior executive team and manage P&L of national staffing & technology consulting firm of 5,000+ workers.
- Direct client partnership development for 25,000+ new hires & full lifecycle recruiting from sourcing to retention.
- Redesign, streamline, inspire and scale effective recruitment strategies, HRIS process & design for Fortune 500s.
RESULTS: Recruited & trained 20+ sales team that posted over $100M sales growth with 20% CAAGR in 2020.
Director of Global Business Development King Lombardi Acquisitions | VR
December 2009 - December 2010 Fort Lauderdale, FL
- Reorganized and digitized international franchise recruitment and client consulting on acquisition for 150+ sites.
- Implemented M&A advisory programs across World, in Americas, LATAM, Canada, Europe, IMEA, and APAC.
- Spearheaded R&D for a CRM-based talent hiring program delivering HR business partners for 1,500+ brokers.
RESULTS: Modernized FDD, restructured HR policies, prioritized IT innovation, and tripled overseas footprint.
Chief Executive Officer | COO Capital Business Group | VR M&A
March 2006 - December 2009 Orlando, FL
- Recruited, trained and managed regional investment advisory team brokering 200+ corporate divestitures per year.
- Innovated consulting & conflict resolution program for middle-market M&A deals with consistent 95% close rate.
- Consulted on organization development & talent hiring, inclusive strategy & cost-cutting to achieve 200% ROI.
RESULTS: Integrated private equity acquisition in CFL, exceeding $100M by teaching brokers to prioritize tasks.
SVP | Managing Partner VR Mergers & Acquisitions® | IBG August 2004 - March 2006 Coral Gables, FL
- Transformed M&A operation by recruiting and educating force of 40+ agents to scale up deal flow over 50%.
- Overhauled brokerage learning products, diversified employee hiring by 25% and restructured COE team.
- Developed change management initiative to deepen partner channels for service delivery across 100+ offices.
RESULTS: As VP, forged strategic alliances & revamped talent to manage projects and exceed $120M in sales.
Senior Business Development Director - Venture Global May 2021 – Present Elements Global Services San Francisco ,CA
- In charge of business development for start-up division focused on global payroll services and HR outsourcing.
- Manage sales & marketing of M&A services to private equity groups, venture capital firms, and investment funds.
- Oversee implementation of technology-backed solutions for Employer of Record (EOR) and ASO/BPO services.
CHRO | Senior Director, Corporate Development VR Business Brokers® | BBG
October 2002 - August 2004 Miami, FL
- Acquired top B2B sales talent and revamped retention, conversion & training, improving hiring KPIs by 25%.
- Devised strategic direction & employee performance management plans, expanding recognitions over 300%.
RESULTS: Executed the global marketing plan for the successful sale of $110M property management firm.
IT Consultant | Project Manager Baltimore Technologies
February 2001 - September 2002 Boston, MA
- Introduced continual improvement of shared services, doubling R&D workflow, and reducing IT defect-rate.
- Re-engineered decision-making in complex projects, assuring that hosting facility surpassed build out by 50%.
RESULTS: Coordinated world-wide expansion of $20M unit for transaction encryption / merchant bank security.
CEO | Head of Sales | Founder Cambridge Webworks
February 1999 - January 2001 Cambridge, MA
- Established consulting practice for secure web product development & pro-active coaching at schools and SMBs.
- Launched new sales, recruitment, and innovative rewards program that integrated with client service via VPN.
- Pioneered remote management of web content deployment, creativity campaigns & 90-day marketing sprints.
RESULTS: Achieved 25% increase in consumers base by developing reliable sales channels for partnership referrals.
Public Relations Officer | Archivist Harvard Law School June 1997 - February 1999 Cambridge, MA
- Drafted 300+ PR communications; directed public affair presentations/meetings at news office & law library.
- Researched cases, edited press releases, reviewed legal proceedings and tripled volume of assets catalogued.
- Dispatched & processed 1,000s of memos, publications, and IP corporate agreements; & led vendor management.
RESULTS: Effected technical industry solution for productivity, access to documentation and 200% social reach.
SKILLS
Human Resources: workforce planning; workflow problem-solving; policy insight; equity initiatives; EEOC case
mediation; talent acquisition; employment law investigations; contingent workforce on-boarding; labor relations counsel; recruiting / staffing; training effectiveness; compliance driven reporting; PTO requirements; MSP / VMS /
ATS sourcing; HR business partner; collaborative capabilities; presentation skills; compensation practices; ethics.
Corporate Development: financial reporting; financial performance analysis; trend forecasting; pitchbooks; RFPs; financial literacy; growth frameworks; marketing strategy; payroll integrations; budget / audit planning; supply chain
negotiation; due diligence; M&A; LOIs, contracts; valuation; motivating proactively lean-thinking, Kaizen, continual improvement programs; pivot tables; buy/sell representation; strategic analysis; attention to detail; problem-solving.
Information Technology: cloud-based / SaaS / PaaS systems; applicant tracking systems (Prism HR / Bullhorn);
RPOs, data visualization; SaaS networking; cryptocurrency / block chain payment; machine learning, HTML, ISS, Java, JavaScript, Python, artificial intelligence; Adobe Acrobat, Photoshop & Creative Cloud; Tableau; Salesforce CRM; Microsoft Word / Excel; Google Docs, Forms, Slides; Workday ERP; digital white papers; Fintech roadmap.
EDUCATION Harvard University Cambridge, MA
- Conferred Bachelor of Arts (BA), Cum Laude, in Government and Economics, with a 3.7 GPA.
- Earned a Certificate in Latin American Studies and a Citation in Spanish Language mastery.
Kellogg School of Management at Northwestern University Evanston, IL
- Conferred Masters (MS) level certificate in Business (Advanced Management Executive Program).
- Awarded Scholarship by the National Minority Supplier Diversity Council Doctorate Degree Program.
PROFESSIONAL CERTIFICATIONS AND LICENCES Society for HR Management - Senior Certified Professional (SHRM-SCP)
- Earned certification as a Senior Professional in Human Resource program tmanagement.
- Executive Member in Good Standing and Point of Contact, SHRM - HR Florida.
Certified Business Intermediary (CBI)
- Achieved certification for business sales and private brokerage through the IBBA.
Merger & Acquisition Master Intermediary (M&AMI)
- Granted M&AMI designation for investment banking through The M&A Source.
Licensed and Certified Real-Estate Broker (CRB)
- Licensed as a Business Broker and Real Estate Associate by the Florida DBPR.
- Certified as a Business Valuation and Commercial Property Appraisal Expert.
APPOINTMENTS TO BOARDS OF DIRECTORS
- Latino Leadership - Chairman of nonprofit providing clinical rehabilitation, educational and social customer service.
- Advent Health Foundation - Board executive of national hospital network's philanthropy fund for disease research.
- Harvard Club of Central Florida - President for Central Florida alumni club and college applicant interviewer.
- Santiago & Friends Autism Center - Co-founder of nonprofit youth clinic for autism therapy and other disabilities.
- Dr. Phillips Elementary/High School – member of S.A.C. and PTA Board and OCPS Foundation business leaders.
- Boy Scouts of America - CFL Council Executive Board Member and Area 4 (State of Florida) V.P. of Diversity.
AFFILIATIONS
- Harvard Alumni Association and Harvard Club of Central Florida - Board Member and Club Officer.
- Association for Corporate Growth (ACG) - honorary member and recipient of the SMART Award.
- Holy Family Catholic Church Member - Spiritual Chair of Christ Renews His Parish cross-cultural retreat.
- Orange Tree Country Club - Community Member and Latino Open Charity Golf Tournament Chairman.
- Boy Scouts of America - Cubmaster (Pack 114); Committee Chair (Troop 128); First Mate (Ship 114).
- Dr. Phillips Little League and Hunters Creek Soccer Club - Licensed Youth Coach and Board Member.
- Y.M.C.A. / American Red Cross / United Way / Sierra Club - Community Donor and Corporate Sponsor.
HONORS AND RECOGNITION
- Named to Golden 100 and Fast 50 Lists by Orlando Business Journal
- Corporate recipient of Don Quixote Award for Hispanic Business of the Year
- Premios Pauli - “Emprendedor del Año” (Businessman of the Year) national award recipient.
- Named as Top 25 Franchisors for Hispanics, Minorities and Veterans by Poder and USA Today.
- CFCAR Hallmark Circle of Achievement Award for Commercial Sales.
- VR M&A Bronze, Gold, Platinum & Double Diamond National Sales Awards.
- Business Brokers of Florida Million Dollar Plus Sales Award for Executive Leadership Capabilities.
- VR National Awards: Top Recruiter of the Year and Largest Transaction in Franchise History.
- Harvard Book Award for leadership experience and Harvard Dean’s List Award.
- Danse Star Award for dedication and Optimist Club Award for achievement and impact.
- U.S. Congressional Letter of Commendation.
TOWN OF TIBURON PAGE 1 OF 4
STAFF REPORT
To: Mayor and Members of the Town Council
From: Office of the Town Manager
Subject: Consider Request by the Belvedere-Tiburon Landmarks Society to Waive Permit Fees Associated with Planned Improvements to the Donahue Building Located at 1920 Paradise Drive, and for the Town to Make a Financial
Contribution to the Project. Reviewed By: _________ Greg Chanis, Town Manager
________ Benjamin Stock, Town Attorney
SUMMARY Town Council will be considering a request from the Belvedere-Tiburon Landmarks Society to waive
permit fees (estimated at $650.00) associated with a proposed window restoration/replacement improvement project to the Town-owned Donahue Building, and a request for the Town to make a $6,000 financial contribution towards the project. This would equal 50% of the estimated project cost. RECOMMENDED ACTION(S) With regards to the fee waiver request, staff recommends that the Town Council: 1. Consider the request for a fee waiver, determine the amount the project benefits the general public, and approve a fee waiver equal to the benefit the project provides to the general public, up to 100% of the calculated fee, or 2. Deny the fee waiver application. With regards to the request for a financial contribution to the proposed project of $6,000, staff recommends that the Town Council:
1. Consider the request for a financial contribution, determine the contribution amount and authorize a Fiscal Year 2021-22 Budget Amendment in the agreed upon amount with the source
of funds being General Fund Operating Reserves, or 2. Deny the request for a financial contribution
BACKGROUND
The Belvedere-Tiburon Landmarks Society (Landmarks Society) is a non-profit history organization which manages a number of properties located on the Tiburon Peninsula including: the Old St. Hilary’s Landmark and the surrounding wildflower preserve, the China Cabin, the Railroad Ferry & Depot Museum (Donahue Building), and the Landmarks Art and Garden
Center. In addition, the Landmarks History Collections houses a vast collection of photographs,
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting September 1, 2021
Agenda Item: AI-2
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TOWN OF TIBURON PAGE 2 OF 4
fine art, artifacts, maps, documents, oral histories and a reference library. The Society activities include historic publications, botanical and architectural tours, concerts, lectures, and exhibits. The Donahue Building is named after Peter Donahue, who in 1884, completed the extension of
the San Francisco and North Pacific Railroad to Point Tiburon, transforming it into a major
railroad & ferry terminus and maintenance yard. After the last train ran in 1967, the shoreline and the depot building were deeded to the Town of Tiburon for use as open space and a museum. On the ground floor is a railroad & ferry museum featuring a working scale model of the Point Tiburon yard circa 1900-1910. Upstairs is the restored stationmaster’s residence. The Donahue
Building is the only surviving dual use terminal west of the Hudson River and was placed the on
the National Register of Historic Places. As noted above, the Donahue Building is owned by the Town of Tiburon, however, in March 1995 the Town entered into a 99-year lease agreement with the Landmarks Society, which is
attached as Exhibit 1. Pursuant to the lease, the Landmarks Society “shall use the premises for a
railroad, ferry and local history museum and related uses, for office and storage space for Lessee
related thereto and any other use from time to time permitted by Lessor”. With regards to maintenance of the building, Article VII, Section 1 of the lease states in part, “Lessee, at Lessee's sole cost and expense, shall keep and maintain all buildings and improvements at any time
erected on the premises, … in good and sanitary order, condition, and repair, and shall promptly
make all necessary repairs thereto, interior and exterior, structural and non-structural, including
without limitation all lighting attached thereto”. The Landmarks Society is currently planning a project which would entail restoration or
replacement of the windows in the building, with the anticipated cost of the project estimated at
approximately $12,000. Based on this estimated cost, staff anticipates building permit fees for the project would total approximately $650.00. On August 2, 2021, the Town received a letter from the Landmarks Society requesting the Town
Council consider waiving fees associated with the project, and in addition, requesting Council
consider making a financial contribution towards the project (Exhibit 2). The letter did not include a specific requested contribution amount, however, in follow up conversations with Landmarks Society representatives, they suggested a $6,000 donation (50% of the anticipated project cost) would be very beneficial.
ANALYSIS Fee Waiver Request On June 6, 2001, the Council adopted Resolution No. 31-2001 (Exhibit 3) establishing a policy
to govern the partial and total waiver of Town fees. Sections 4 through 6 of Resolution No. 31-
2001 contain the relevant portions pertaining to fee waiver requests made by non-profit agencies. Section 4. In considering a fee waiver application, the Council will consider the following factors:
A. Whether the applicant is a governmental agency, a charitable non-profit
organization, a private individual or a for profit organization. A private
individual or for-profit entity shall not be eligible for a fee waiver unless
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TOWN OF TIBURON PAGE 3 OF 4
substantially all of the benefit of the project will accrue to a charitable, non-
profit organization. B. If the applicant is a non-profit entity with the power to impose dues or fees, or
otherwise has the power to raise revenue to fund the project from project
beneficiaries, the extent to which the project will benefit residents of the Town
of Tiburon that are not subject to such power. For example, if the applicant has dues paying members, the Council will consider waiving fees only to the extent that the project will benefit non-member residents in the Town of
Tiburon.
C. The extent to which the project will benefit the general public of the Town of Tiburon.
Section 5. If the Council finds the applicant is eligible under Section 4.A of this Resolution,
and does not have the power to fund the project’s costs by raising revenue from the
project’s beneficiaries, the Council may grant a waiver of up to 100% of the otherwise-applicable fees. The Council shall determine the amount of the waiver granted based on the percentage of project benefit that will be realized by the
general public of the Town of Tiburon.
Section 6. If the Council finds the applicant is eligible under Section 4.B of this Resolution, the Council shall determine the amount of the waiver based on the percentage of project benefit that will be realized by those residents of the Town that are not
subject to the applicant’s revenue-raising powers. In no event shall the waiver
exceed 50% of the otherwise-applicable fees. The Landmarks Society has provided the Town a copy of correspondence from the US Internal Revenue Service confirming the organization is a charitable non-profit organization under
Section 501(c)(3) of the Internal Revenue Code (Exhibit 4). Landmarks Society properties are
open to the general public. This ensures the project’s benefits will be realized by the general public of the Town. Regarding revenues, the Landmarks Society is heavily reliant on voluntary donations and is
actively seeking donations specifically earmarked for this project. However, they do not have the
“power to impose dues or fees, or otherwise have the power to raise revenue to fund the project
from project beneficiaries”. This would make the Landmarks Society eligible for consideration of a fee waiver under Section 4A, and therefore the provisions of Section 5 would apply as Council considers this request.
Financial Contribution to Project As noted in the Background section, the Donahue Building is a Town owned property, however, under the terms of the lease, the Landmarks Society is responsible for maintenance and repairs to
the building. Since the inception of the lease in 1995, they have done an exemplary job in
fulfilling this responsibility, and at the same time, have introduced thousands of visitors to Tiburon’s unique railroad history through their stewardship of the Donahue Building. Like many small non-profits, the Landmarks Society has been negatively affected by the COVID-19
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TOWN OF TIBURON PAGE 4 OF 4
pandemic. Despite these challenges, they are committed to caring for and making repairs and improvements to the Donahue Building as needs arise. Staff has reviewed the project with Landmarks Society representatives and agree the proposed scope of work is appropriate and necessary.
FINANCIAL IMPACT Waiver of 100% the applicable fees for the proposed project would result in a reduction of building permit revenue of approximately $650.00 in Fiscal Year 2021-22.
If Council wished to make a financial contribution to the project, staff recommends Council authorize a Fiscal Year 2021-22 budget amendment in the agreed upon amount, with the source of funds being General Fund Operating Reserves.
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 With regards to the fee waiver request, staff recommends that the Town Council:
1. Consider the request for a fee waiver, determine the amount the project benefits the general public, and approve a fee waiver equal to the benefit the project provides to the general public, up to 100% of the calculated fee, or 2. Deny the fee waiver application.
With regards to the request for a financial contribution to the proposed project of $6,000, staff recommends that the Town Council:
1. Consider the request for a financial contribution, determine the contribution amount and authorize a Fiscal Year 2021-22 Budget Amendment in the agreed upon amount with the
source of funds being General Fund Operating Reserves, or 2. Deny the request for a financial contribution
Exhibit(s): 1. 1995 Donahue Building Lease Agreement
2. Landmarks Society August 2, 2021Letter 3. Fee Waiver Policy-Reso 31-2001
4. IRS Letter confirming tax exempt status Prepared By: Greg Chanis, Town Manager
EXHIBIT 1
INDENTURE OF LEASE
THIS INDENTURE OF LEASE is made the 1st of March, 1995,
by and between the Town of Tiburon, a municipal corporation
Lessor"), and the Belvedere-Tiburon Landmarks Society, a
California corporation (".Lessee").
W I T N E S S E T H:
FOR AND IN CONSIDERATION of the covenants and
agreements herein contained, by this Indenture of Lease, Lessor
does hereby lease to Lessee, and Lessee does hereby take and hire
from Lessor, that certain real property, with all buildings and
improvements presently or from time to time hereafter thereon,
including without limitation the "Donahue Building", and all
appurtenances, situated in the Town of Tiburon, County of Marin,
State of California, marked by cross-hatching on the plat map in
Exhibit A, such Exhibit being attached hereto and by this
reference incorporated herein (the "premises");
TO HAVE AND TO HOLD the premises unto Lessee, and the
successors and assigns of Lessee, for and during a term of 99
years commencing on the 1st day of March, 1995, and expiring on
the 28th day of February, 2094 (unless this Lease shall sooner
terminate as hereinafter provided), it being mutually agreed as
follows:
ARTICLE I
Pavment of Rent
Section 1. Lessee shall pay
rental hereunder (hereinafter referred
sum of $1.00 per annum.
Section 2. The basic rent fi
paid in advance, concurrently with the
this Lease, receipt of which is hereby
to Lessor net annual basic
to as "basic rent") the
or the entfre~term has been
execution and delivery of
acknowledged,by Lessor.
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ARTICLE II
Delivery of Premises
Lessor shall deliver possession of the premises to
Lessee on the date hereof free and clear of any other occupancy
rights therein.
ARTICLE III
Use of Premises
Section 1. Lessee shall use the premises for a
railroad, ferry and local history museum and related uses, for
office and storage space for Lessee related thereto and any other
use from time to time permitted by Lessor. Lessee shall not use
the premises in a manner that would conflict with the uses set
forth in that certain Subdivision Improvement Agreement among The
Innisfree Companies, Point Tiburon Condominiums and Lessor, dated
February 15, 1984.
Section 2. Subject to the prior written approval of
Lessee, Lessor may use the premises for occasional and non-
recurring events sponsored by Lessor that do not conflict or
otherwise interfere with the uses permitted by this Lease or by
the Subdivision Improvement Agreement.
ARTICLE IV
Regulation of Premises
Lessor has the right to impose reasonable regulations
relating to parking on the premises, and hours of use of any
buildings now or at any time erected on the premises, consistent
with regulations governing other commercial and public uses of
buildings in Lessor's jurisdiction. Lessor and Lessee shall meet
periodically to establish, review and, if necessary, revise such
hours of use.
ARTICLE V
Insurance
Section 1. Lessor shall, at Lessor's sole cost and
expense, maintain during the term of this lease, a standard all
risk property insurance policy in an amount consistent with other
public buildings owned or occupied by Lessor.
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Section 2. Lessee shall, at Lessee's sole cost and
expense, maintain during the term of this lease a policy of
commercial general liability insurance in an amount not less than
1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. The level of
insurance required by this section shall be reviewed by Lessor
every five years or at such time as use of the property may
change in order to ensure that the level is consistent with then
current standards.
The Town of Tiburon, its officers, employees, agents
and volunteers shall be named as additional insureds with respect
to liability arising out of activities performed by or on behalf
of Lessee.
For any claims related to Lessee's use or occupation of
the premises, Lessee's insurance shall be primary. Any insurance
or self-insurance maintained by Lessor shall be in excess of
Lessee's insurance.
The insurance policy required by this section shall be
endorsed to state that coverage shall not be suspended, voided,
cancelled or reduced in its limits without thirty (30) days prior
written notice. Lessee shall provide Lessor with proof of this
insurance on an annual basis.
Section 3. Lessee agrees to indemnify and hold
harmless Lessor, its officers and employees from any and all
claims, demands, actions, causes of action, losse-s, damages,
liabilities and all costs and expenses, including reasonable
attorneys' fees, arising from any injury or damage to persons or
property arising out of or in any way connected with the act,
omission or negligence of Lessee, its officers, employees or
agents.
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ARTICLE VI
Condition of Premises
Lessee accepts the premises in "as is" condition as of
the date of this Lease, except that Lessor shall remove all files
and other personal property currently in the premises, and shall
deliver the premises broom clean.
ARTICLE VII
Repairs and Maintenance
Section 1. Lessee, at Lessee's sole cost and expense,
shall keep and maintain all buildings and improvements at any
time erected on the premises, and all landscaping immediately
adjacent thereto as shown on Exhibit A (such area consisting of
the space between the existing building and the edge of the
sidewalk nearest such building), in good and sanitary order,
condition and repair, and shall promptly make all' necessary
repairs thereto, interior and exterior, structural and non-
structural, including without limitation all lighting attached
thereto.
Section 2. Lessor, at Lessor's sole cost and expense,
shall keep and maintain the premises and the adjacent sidewalks,
parking areas and open space (including landscaping) in good and
sanitary condition and repair, and shall promptly make all
necessary repairs thereto, structural and non-structural,
excepting only the maintenance and repair to the premises that is
the responsibility of Lessee pursuant to Section 1.
ARTICLE VIII
Compliance with orders, Ordinances, Etc.
Section 1. Lessee, at Lessee's sole cost and expense,
shall comply with all laws and ordinances and the orders, rules,
regulations and requirements of all federal, state and municipal
governments and other governmental or quasi-governmental
authorities which are applicable to the premises or to any
buildings now or at any time erected thereon (including without
limitation the Americans with Disabilities Act (to the extent
applicable to the premises) and all ordinances adopted by Lessor
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in its capacity as Town Council with respect to architectural,
site plan and sign review); provided, however, Lessee shall be
entitled to any and all exceptions, exclusions, exemptions or
other benefits available for historical buildings or other
similar uses or purposes.
Section 2. Lessee shall have the right to contest by
appropriate legal proceedings, without cost or expense to Lessor,
the validity of any law, ordinance, order, rule, regulation, or
requirement of the nature referred to in this Article VII, and if
compliance with any such law, ordinance, order, rule, regulation,
or requirement may legally be held in abeyance without subjecting
Lessee or Lessor to any liability of whatsoever nature for
failure to comply therewith, Lessee may postpone compliance
therewith until the final determination of any such proceedings,
provided that all such proceedings shall be prosecuted with all
due diligence and dispatch.
Section 3. Subject to the requirements of Section 1 of
this Article, Lessee may undertake to alter, renovate or restore
any building now or at any time erected on the premises without
the consent of any other party. Notwithstanding the foregoing,
Lessee shall not alter the exterior color of any building now or
at any time erected on the premises without the prior written
consent of Lessor and the Point Tiburon Homeowners Association,
which consent shall not be unreasonably withheld or delayed.
ARTICLE IX
Mechanic's Liens
Section 1. Lessee shall not suffer or permit any liens
to be filed against the premises, against Lessee's leasehold
interest, or against any part of any thereof, by reason of work,
labor, services or materials supplied or claimed to have been
supplied to Lessee or to any one holding the premises or any part
of or interest in the premises.
Section 2. Lessee, however, shall have the right to
contest any such lien or liens provided, that, within thirty (30)
days after any such lien is filed or record Lessee shall give
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notice to Lessor of intention to contest the same specifying the
amount of the lien or liens to be contested, and provided that
Lessee shall proceed with reasonable diligence to contest the
validity or amount of such lien or liens by appropriate legal
proceedings which operate to prevent the foreclosure or
enforcement of such lien.
ARTICLE X
Changes and Alterations, Demolition, Construction
Section 1. If at any time during the term of this
Lease any building or buildings on the premises are totally or
partially destroyed by fire or other casualty to such an extent
that the cost to repair and restore the same would exceed 50% of
the cost to replace the entire building or buildings immediately
prior to such destruction, or if Lessee desires for any reason to
change or alter such building or buildings on the premises, then,
in any such event, Lessee shall have the right to change or alter
such building or buildings or to demolish the existing building
or buildings and, with the prior written approval of Lessor,
which approval shall not be unreasonably withheld, construct a
new building or buildings which, to the extent practicable, shall
be substantially in the form of the previously existing building
or buildings, as the case may be, upon and subject to all of the
following terms and conditions which Lessee shall observe and
perform:
a) No work shall be undertaken until - (i)
Lessee shall have obtained and paid for all permits and
authorizations of the various state and municipal departments or
other governmental or quasi-governmental authorities having
jurisdiction necessary for completion of the work, and (ii)
Lessee shall have given Lessor at least ten (10) days prior
written notice setting forth in reasonable detail the nature of
the intended work and the date upon which the work is to be
commenced and given Lessor an adequate opportunity to post and
file due notices of nonresponsibility;
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b) All work shall be undertaken and conducted
under the supervision of reputable and competent personnel, and
no work shall be undertaken or conducted by any contractor or
subcontractor for any portion of the work who is not competent,
reputable and financially responsible; and
c) All work shall be done promptly in a good and
workmanlike manner, shall be prosecuted to completion (including,
in the case of demolition of any existing building or buildings,
completion of a replacement building or buildings in compliance
with the requirements of this Section) with reasonable dispatch,
delays due to fires, explosions, strikes, lockouts, acts of God,
inability to obtain labor or materials, governmental restrictions
or other causes of a force majeure nature beyond the control of
Lessee excepted.
Section 2. Any improvements constructed on the
premises in compliance with the provisions of this Article shall
belong to Lessor; provided, however, that the term "premises" as
used in this Lease shall nevertheless at all times mean and refer
to the original premises together with all buildings and
improvements from time to time thereon.
ARTICLE XI
Entry of Premises by Lessor
Lessor and its representatives shall be permitted to
enter the premises at all times during usual business hours for
the purpose of inspecting the same and posting and maintaining
notices of nonresponsibility.
ARTICLE XII
Assignment and Subleases
Section 1. Lessee may not, at any time or from time to
time, sublease all or any part of the premises, or assign its
entire interest in this Lease, to another entity without the
prior written approval of Lessor, which approval shall not be
unreasonably withheld or delayed. Each sublease shall expressly
provide that the rights, title and estate of the sublessees are
subordinate and inferior to the rights, title and estate of
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Lessor hereunder and that the subtenant thereunder shall be bound
by the provisions of this Lease.
Section 2. Except as authorized by Sections 1 of this
Article, Lessee shall not assign, sublet, transfer, hypothecate
or otherwise voluntarily or involuntarily alienate or encumber
the Lessee's interest under this Lease, the rents, issues or
profits from the premises or any buildings thereon, or any right
or interest in any thereof, or attempt so to do, without the
prior written consent of Lessor, which consent shall not be
unreasonably withheld.
Following any outright assignment of Lessee's entire
interest under this Lease either pursuant to Section 1 of this
Article, to which Lessor shall have consented or to which Lessor
shall have unreasonably refused to consent despite being
obligated hereunder not to unreasonably refuse to consent, Lessee
named herein (or in the case of each subsequent assignment, the
then assignor) shall be relieved from and after such assignment
of all personal liability as respects performance of any
covenants or obligations on the part of Lessee contained in this
Lease thereafter to be performed; provided, however, that the
Lessee named herein (or such subsequent assignor) shall remain
personally liable for the performance of (but need not personally
perform) all covenants and obligations of Lessee under this Lease
to be performed to and including the assignment.
Section 3. The rights of any sublessee, assignee,
trustee or transferee shall be subject and subordinate to the
terms of this Lease, and no consent to any assignment, mortgage,
deed of trust, subletting, or other hypothecation or transfer
shall be deemed a waiver of the conditions and requirements of
this Article with respect to any further assignment, subletting,
hypothecation or transfer.
Section 4. Neither the voluntary nor other surrender
of this Lease by Lessee nor a mutual cancellation or other early
termination thereof shall work a merger but shall, at the option
of Lessor, terminate any existing subleases, or may, at the
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option of Lessor, operate as an assignment to Lessor of any and
all such subleases in which event the subtenants thereunder shall
attorn to Lessor and Lessor shall not (a) be liable for any act
or omission of Lessee, (b) be subject to any off-sets of
deficiencies which any subtenant may be entitled to assert
against Lessee or (c) be bound by any payment of rent or
additional rent made by such subtenant to Lessee for more than
one month in advance.
ARTICLE XIII
Public Utility Charges
Lessee shall pay or cause to be paid all charges for
telephone lines, and all utilities which are separately metered,
in connection with the premises throughout the term of this
Lease. The cost of any new meters to separately charge the
premises shall be paid for by Lessor.
ARTICLE XIV
Damage or Destruction
Section 1. In the event of damage to or destruction of
any building or other improvements on the premises, by fire or
otherwise, whether insured or uninsured and whether foreseeable
or unforeseeable, unless Lessee shall be privileged pursuant to
the provisions of Article IX of this Lease to demolish and shall
demolish the buildings on the premises with all reasonable
diligence in compliance with the terms and provisions in Article
IX set forth, Lessee shall have the right to either (a) promptly
and diligently, at its sole cost and expense, repair, restore and
rebuild the same as nearly as possible to the condition that
existed immediately prior to such damage or destruction with such
changes or alterations as may be practicable under the then
existing and circumstances, or (b) surrender the premises in the
condition herein required and thereupon terminate this Lease.
The provisions and conditions of Article IX shall similarly apply
to work required by this Article.
Section 2. Any and all proceeds of insurance on
account of damage or destruction, less the cost, if any, of
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recovery thereof shall be released and paid out to Lessee upon
Lessee's delivery of written evidence to Lessor that the proceeds
will be used to repair the damaged building or other improvements
on the premises.
Section 3. Lessor shall not be responsible for the
collection or noncollection of any insurance money in any event,
but only for such insurance money as Lessor may actually receive.
ARTICLE XV
Default
Section 1. Lessee shall not, during the term of this
Lease: (a) make an assignment for the benefit of creditors; (b)
suffer any receiver of any of Lessee's property to be appointed
by reason of the insolvency or alleged insolvency. of Lessee and
remain undischarged for a period of 60 days; (c) suffer any
department of the state of federal government, or any officer
thereof duly authorized, to take possession of the business or
property of Lessee by reason of the insolvency or alleged
insolvency of Lessee; (d) file any petition under any law having
for its purpose the adjudication of Lessee as a bankrupt or the
extension of the time of payment composition, adjustment,
modification, settlement or satisfaction of the liabilities of
Lessee or to which any property of Lessee may be subject, or the
reorganization or liquidation of Lessee (other than a
reorganization not involving the liabilities of Lessee); (e)
suffer any such petition to be filed and remain undismissed for a
period of 60 days; or (f) suffer any such petition to be approved,
or any adjudication of Lessee as a bankrupt.
Section 2. In the event that, within 3.0 days after
written notice to Lessee of breach or default by Lessee in
fulfilling any of the covenants of this Lease, Lessee shall not
have cured such default (or if the default is of such a nature
that it cannot be cured within such 30 day period, Lessee shall
not have commenced to cure such default within said 30 day period
or thereafter Lessee shall have failed to proceed with all due
diligence to cure such default or shall have failed to cure the
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same within a reasonable period of time), then, in any such
event, in addition to any other rights and remedies of Lessor at
law or in equity, Lessor shall have the right either to terminate
Lessee's right to possession of the premises and thereby
terminate this Lease or to have this Lease continue in full force
and effect with Lessee at all times having the right to
possession of the premises.
Should Lessor elect to terminate Lessee's right to
possession of the premises and terminate this Lease, then Lessor
shall have the immediate right of entry and may remove all
persons and property from the premises and to use all necessary
force so to do; and Lessor may store any property so removed in a
public warehouse or elsewhere at the cost and for the account of
Lessee.
Should Lessor, following any breach or default of this
Lease by Lessee, elect to keep this Lease in full force and
effect, Lessee retaining the right to possession of the premises
notwithstanding the fact that Lessee may have abandoned the
premises), then besides all other rights and remedies Lessor may
have at law or in equity, Lessor shall have the right to enforce
all of Lessor's rights and remedies under this Lease.
Notwithstanding any election to have this Lease remain in full
force and effect, Lessor may at any time thereafter elect to
terminate Lessee's right to possession of said premises and
thereby terminate this Lease for any previous breach or default
which remained uncured, or for any subsequent breach of default.
ARTICLE XVI
Invalidity of Particular Provisions
If any term or provision of this Lease or the
application thereof to any person or circumstance shall to any
extent be invalid or unenforceable, the remainder of this Lease,
or the application of such term or provision to persons or
circumstances other than those as to which it is 'invalid or
unenforceable, shall not be affected thereby, and each term and
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provision of this Lease shall be valid and enforced to the
fullest extent permitted by law.
ARTICLE XVII
Notices
All notices, demands and requests which may or are
required to be given by either party to the other, shall be in
writing and shall be sent by United States Mail, registered or
certified, return receipt requested, postage prepaid, addressed
as follows:
If to Lessee, at 1600 Juanita Lane, Belvedere-Tiburon,
California 94920, attention: President, or at such other place as
Lessee may from time to time designate in a written notice to
Lessor;
If to Lessor, 1155 Tiburon Boulevard, Tiburon,
California 94920, attention: Town Manager, or at such other
place as Lessor may from time to time designate in a written
notice to Lessee; or
If to any leasehold mortgagee or beneficiary under
leasehold deed of trust, at the premises or at such other place
as such mortgagee or beneficiary may from time to time designate
in a written notice to Lessor.
Notices, demands and requests which shall be served in
the manner aforesaid shall be deemed sufficiently served or given
when deposited in the United States Mail as aforesaid at a point
within the continental limits of the United States. However, the
time period in which response to any such notice, demand or
request must be given or within which action must or may be taken
pursuant thereto shall commence to run from the date of receipt
on the return receipt of the notice, demand or request by the
addressee thereof. Rejection or other refusal to accept or the
inability to deliver at the address as designated because of
changed address of which no notice was given or because of
failure to provide procedures for the delivery of mail at such
address shall be deemed to be receipt of the notice, demand or
request sent.
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ARTICLE XVIII
Surrender of Premises
on the expiration or prior termination of this Lease,
the premises and all buildings, improvements, alterations,
additions and new buildings, shall be the absolute property of
Lessor without payment therefor by Lessor, and shall be
surrendered to Lessor in good and sanitary order, condition and
repair except for ordinary wear and tear and free of subleases,
liens, charges, restrictions or encumbrances; and Lessee shall
execute any and all deeds, bills of sale, assignments and other
documents which in Lessor's sole judgment may be necessary or
appropriate to transfer or evidence clear title to the premises
and such buildings, structures, improvements, alterations,
additions and new buildings.
ARTICLE XIX
Quiet Enjoyment
Upon and observing and keeping the covenants,
agreements and conditions of this Lease on its part to be kept,
Lessee shall lawfully and quietly hold, occupy, and enjoy the
premises during the term of this Lease without hindrance or
molestation of Lessor or any person or persons claiming under
Lessor.
ARTICLE XX
Estoppel Certificates
Lessee and Lessor shall each, at any time and from time
to time upon not less than 10 days prior written request by the
other, execute, acknowledge and deliver to the other party a
statement certifying that this Lease is unmodified and in full
force and effect (or if there have been modifications that the
same is in full force and effect as modified and stating the
modification), and the dates to which the basic rent, additional
rent and other charges have been paid in advance, if any, and the
nature and extent or absence of any defaults by Lessor or Lessee,
it being intended that any such statement delivered pursuant to
this Article may be relied upon by any prospective purchaser,
13-
mortgagee or beneficiary under deed of trust of the Lessee's
interest hereunder or of the Lessor's fee interest and by any
prospective assignee of any such mortgagee or beneficiary. The
statement so delivered by Lessee to any prospective mortgagee or
beneficiary under deed of trust of the Lessor's fee interest, or
prospective assignee of any such mortgagee or beneficiary, shall
include Lessee's written undertaking, for the benefit of such
prospective beneficiary, mortgagee or assignee, not to pay any
basic rent, additional rent or other sum payable hereunder to
Lessor more than 30 days prior to accrual.
ARTICLE XXI
Cumulative Remedies - No Waiver - No Oral Change
Section 1. The specified remedies to which Lessor may
resort under the terms of this Lease are cumulative and are not
intended to be exclusive of any other remedies or means of
redress to which Lessor may be lawfully entitled in case of any
breach or threatened breach by Lessee of any provision of this
Lease. The failure of Lessor to insist in any one or more cases
upon the strict performance of any of the covenants of this Lease
or to exercise any option herein contained shall not be construed
as a waiver or a relinquishment for the future of such covenant
or option.
Section 2. This Lease cannot be amended, modified or
changed orally but only by an instrument in writing executed by
the then holders of the respective interests of Lessee and Lessor
and by the holder or holders of record of the beneficiary
interest under each then existing deed of trust or mortgage of
either Lessee's interest hereunder or Lessor's fee interest,
which deed of trust or mortgage is authorized as provided in this
Lease.
ARTICLE XXII
Option to Terminate Lease .
Lessor hereby grants to Lessee the right to terminate
this Lease, which right may be exercised by Lessee upon not less
than one (1) years' prior written notice to Lessor. Except as
14-
provided in Article XXII, any such termination shall not relieve
Lessee of any and all duties and obligations of Lessee under
Lease which arise or accrue prior to the date of any such
termination.
ARTICLE XXIII
Hazardous Materials
Any hazardous materials, substances or wastes present
on the premises at the inception of the lease term are and will
remain the obligation of the Lessee to remediate; provided,
however, if Lessee in its sole discretion determines that it does
not wish to undertake remediation, Lessee shall have the right to
terminate this Lease upon not less than 60 days' prior written
notice to Lessor, and upon the exercise of such right Lessee
shall have no obligation to remediate such hazardous materials,
substances or wastes. Hazardous materials, substances or wastes
deposited on the premises by Lessee after the inception of the
lease term shall be the responsibility of the Lessee.
ARTICLE XXIV
Miscellaneous
Section 1. Subject to the express terms of this Lease,
the covenants and agreements herein contained shall bind and
inure to the benefit of Lessor and Lessee and their respective
successors and assigns.
Section 2. The captions of this Lease are for
convenience and reference only and in no way define, limit or
describe the scope or intent of this Lease nor of any provision
hereof.
15-
Section 3. This Lease shall be construed and enforced
in accordance with the laws of the State of California.
IN WITNESS WHEREOF, this Lease has been executed the
day and year first above written.
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Yvette Davis
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Dear Texp av er r'r·
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Our recordS-~ndjcate that a determination letter was issued in
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meaning of section 509(a)of the Code because you are described in
sectionCs}509(a)(I)and 170Cb)Cl)CA)(vi).
Donors may deduct contributions to you as provided in section 170 of
the Code.Bequests,legacies,devises,transfers,or gifts to you or
for your us~are deductible for Federal estate and gift tax purposes
if they mee~,the applicable provisions of sections 2055,2106,and
2522 of the Code.If
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TOWN OF TIBURON PAGE 1 OF 4
STAFF REPORT
To: Mayor and Members of the Town Council
From: Community Development Department
Subject: Recommendation to deny the appeal and uphold the Director of Community Development interpretation that a proposed yacht brokerage at 1704 Tiburon
Boulevard is an office use that requires a Conditional Use Permit Reviewed By: _________ Greg Chanis, Town Manager
________ Benjamin Stock, Town Attorney
SUMMARY On August 12, 2021, the Director of Community Development issued an interpretation of the Town’s
Zoning Ordinance and determined that a proposed yacht brokerage business at 1704 Tiburon Boulevard is an office use. The property is located within the Village Commercial zoning designation where office uses require approval of a conditional use permit pursuant to Section 16-22.030 of the Town of Tiburon
Municipal Code. A timely appeal of this interpretation was filed on August 23, 2021, by Sloan Bailey on behalf of the property owner. RECOMMENDED ACTION(S) Staff recommends that the Town Council:
1. Deny the appeal and uphold the Director of Community Development’s interpretation and instruct the applicant to apply for a Conditional Use Permit for an office if they would like to pursue approval of a yacht brokerage at this location.
BACKGROUND
In July of 2021, Ms. Vesa Becam, commercial real estate broker of Keegan & Coppin Company representing K2 properties, contacted the Town of Tiburon Planning department to inquire about a proposed yacht brokage business at 1704 Tiburon Boulevard, which is zoned as Village
Commercial (VC). On August 12, 2021, after several exchanges through email and telephone
with Ms. Vesa Becam, the Community Development Director (the “Director”) provided a formal interpretation of the use, pursuant to Tiburon Municipal Code (TMC) section 16.12.020 (Exhibit 1). The Director determined the proposed use is an “office” as defined in TMC section 16-100.020. Pursuant to TMC section 16-22.030, such use within the Village Commercial zoning
district requires approval of a Conditional Use Permit (CUP) by the Planning Commission.
On August 23, 2021, Sloan Bailey, on behalf of the property owner submitted a timely appeal of the Director’s interpretation (Exhibit 2).
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting September 1, 2021
Agenda Item: PH-1
Town Council Meeting September 1, 2021
TOWN OF TIBURON PAGE 2 OF 4
ANALYSIS
The proposed rental space is located at 1704 Tiburon Boulevard, which is within the Village
Commercial (VC) zoning district. The permitted uses, permit requirements, and development
standards for the VC zoning district are described in TMC chapter 16-22. In general, that chapter states that the VC zoning is the same as the Neighborhood Commercial (NC), with some exceptions. (TMC § 16-22.030(B).) As described in the municipal code, those exceptions are as follows:
16-22.030(B).VC zone. The VC zone has the same land and structure regulations as thoseset forth in the NC zone (see subsection A. above), except as following:
1.Souvenir shops are allowed in the VC zone.
2.Street-fronting ground floor office uses shall not be permitted on Main Street, coveringstreet addresses 1 through 100 Main Street and 1700 through 1704 Tiburon Boulevardinclusive without the granting of a conditional use permit in compliance with section 16-52.040 (conditional use permits) and an exception in compliance with subsection 16-
22.040. B.2 (exception for street-fronting ground floor office use in the VC zone and 1690
through 1698 Tiburon Boulevard).
As described, the Village Commercial zoning district requires that office uses obtain a CUP prior to operations. The Municipal Code specifically lists the address of 1704 as a location where
street fronting ground floor office use is not permitted without approval of a CUP. Therefore,
because the use proposed at that location is an office, the applicant is required to obtain a CUP.
Proposed use
The proposed use at 1704 Tiburon is for a yacht brokerage business, where transactions will take
place and yachts will be sold, but no vessels are exchanged at the site. Staff’s understanding is that an individual interested in buying or selling a yacht no matter where they are located could list the vessel for sale with this brokerage firm or a customer can enlist the brokerage firm to find a vessel, but there would not be actual vessels for sale at 1704 Tiburon Boulevard. The business
will have marketing materials and apparently now proposes to sell some apparel, but no direct
exchange of yachts would take place. It also appears to staff that the selling of apparel is incidental to the primary use of a yacht brokerage.
Director's Interpretation
The Community Development Director determined that the nature and operation of the yacht brokerage business is an office use. In making this determination the Community Development Director relied on the following definitions in the TMC section 16-100.020:
“Retail store” is defined as a business selling goods, wares, or merchandise directly to the
ultimate consumer; and “Office” is a place where administrative work is done, services offered, or business transacted, with only incidental handling of goods or products.
Town Council Meeting September 1, 2021
TOWN OF TIBURON PAGE 3 OF 4
The use and structure of the business proposed is similar to a real estate brokerage office. At the time of the original inquiry the owner’s representative did not include the sale of products or marketing materials as part of the proposal. Regardless, the inclusion of sale of apparel as part of
the appeal letter, such as sweatshirts etc. is incidental to the focus of the business, which is the
sale of vessels.
These vessels are sold throughout the world to individuals who will hire the brokers to find and or sell the vessels. No actual vessels will be on site, and no customers coming to the downtown
area will be visiting this site to purchase the vessel and take away products from the business.
Customers/clients will be going to the business for the purpose of setting up a sale or site visit to an available vessel, which is located in another location, and the vessel – to the extent one is purchased – will be delivered to another location, most likely a marina. A transaction will take place, but no products will be exchanged at the site.
Such a transaction makes clear that the proposed yacht brokerage is administrative in nature where work is done to draft documents and sales agreements with only incidental sales of goods. These facts support the interpretation of the proposed use being an office use.
Response to Appellants’ Claims
Chamber of Commerce CUP
The appellant cites a previous approval of an office use by the Tiburon Peninsula Chamber at this
same location. The Chamber proposed a visitors’ center/retail store at this location and applied
for and received a Conditional Use Permit. Subsequent to the approval of the CUP, the Chamber chose to relocate to a smaller location on Main Street. The appellant also states that there was a previous inquiry regarding yacht sales at this location; the Town has no record of this request.
2013 Proposal for Real Estate Brokerage
In 2013, a real estate office was proposed at this location, and the property owner applied for a CUP for the proposed use. The CUP application was denied by the Planning Commission, with the applicant subsequently appealing the decision of the Planning Commission to the Town
Council. On January 15, 2014, the Town Council upheld the Planning Commission decision and
denied the appeal finding that the office use would be inconsistent with the General Plan, incompatible with ongoing efforts to revitalize the Downtown area, and would not invite an active retail-oriented use on the ground floor as is generally the focus of the Village Commercial zoning district. The full agenda packet from the 2014 Town Council appeal hearing is attached as
Exhibit 3.
Conclusion
The proposed yacht brokerage business requires a conditional use permit because it does not meet
the definition of retail and does not operate in a similar fashion to a retail business where goods
and services are purchased at the location. This use is an “office” as defined in the Municipal Code. This determination is supported by the fact that the functions of the use are more similarly
Town Council Meeting September 1, 2021
TOWN OF TIBURON PAGE 4 OF 4
akin to a real estate office or administrative office where contracts are drawn up for goods acquired at another location and delivered. FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon. 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. Deny the appeal and uphold the Director of Community Development’s interpretation and
instruct the applicant to apply for a Conditional Use Permit for an office if they would like
to pursue approval of a yacht brokerage at this location.
Exhibit(s): 1. Director Interpretation dated August 12, 2021 2. Appellant Statement and supporting documentation received on August 23, 2021 3. Agenda packet dated January 15, 2014, Appeal of Planning Commission Denial of a Conditional Use Permit – 1704 Tiburon Blvd. Prepared By: Dina Tasini, Director of Community Development
EXHIBIT 1
Exhibit B
EXHIBIT 2
EXHIBIT 3
January 15, 2014
Tiburon Town Council
1505 Tiburon Boulevard
Tiburon, CA 94920
Dear Tiburon Town Council members:
As owners of downtown Tiburon businesses, we believe that to foster a vital,
thriving downtown ALL ground floor space should be restricted to restaurant
and /or retail business uses and that the zoning for Main Street and Tiburon
Boulevard near downtown should reflect this.
We are united in supporting the Planning Commission's decision to deny the
application of a real estate business to lease space on Fountain Plaza - the very
heart of our downtown. Therefore, to protect the character, liveliness and vitality
of downtown, we ask the Council to deny the applicant's appeal.
Sincerely,
Kathryn Servino
Caffe Acri
1 Main Street
Klaus Meinberg
The Candy Store on Main
7 Main Street
Christopher Downs
Christopher Salon & Home Store
90 Main Street
Kelly Erickson
Citrus
13 Main Street
Lisa Benbow
Garnish
80 Main Street
Era Sellen
Grass Shack
1694 Tiburon Boulevard
Darla Fisher
Koze
16 Main Street
1.14.14 / 1.14.14 1 Downtown merchants letter 1.14.docx
Exhibit C
Town Council 9/1/2021
Nancy Larson
Main Street Wine Bar
84 Main Street
Brett Maurer
May Madison
10 Main Street
Charleen Jackson
New Morning Cof6
1696 Tiburon Boulevard
Ron Kelly
RJ Sax Tommy Bahama & Junella's
30 Main Street & 32 Main Street
Ruth Livingston
Ruth Livingston Studio
74 Main Street
Paul Monteroso & Charleen Jackson
Salt & Pepper
38 Main Street
Angelo Servino
Servino Ristorante
9 Main Street
Debbie Hershy
Unique Boutique
1690 Tiburon Boulevard
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1.14.14 1 1.14.14 9 Downtown merchants letter 1.14.docx
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Community Development Department
Town Council Meeting
January 15, 2014
Agenda Item: P—/
Subject: 1704 Tiburon Boulevard: Appeal of the Planning Commission's Denial
of a Conditional Use Permit Application to Establish a Real Estate
Business Office in the VC Zone; Owner; K2 Properties; Applicants and
Appellants, K2 Properties and Decker Bullock Realty, Inc.; File #11304;
Assessor's Parcel No. 059- 102 -17
Reviewed By: ,
PROJECT DATA
Address:
Owner:
Applicant:
Appellants:
Assessor's Parcel No:
File Number:
Lot Size:
Zoning:
General Plan:
Flood Zone:
SUMMARY
1704 Tiburon Boulevard
K2 Properties
Decker Bullock Realty, Inc.
K2 Properties and Decker Bullock Realty, Inc.
059- 102 -17
11304
Approximately 3,500 sq. ft.
VC (Village Commercial)
VC (Village Commercial)
AE (Within 100 -year flood zone)
On August 28, 2013, the Planning Commission denied a conditional use permit application for the
operation of a real estate business office at 1704 Tiburon Boulevard. The property owner and
applicant ( "appellants ") subsequently filed a timely appeal of this decision. The appeal is attached
as Exhibit A.
PROJECT DESCRIPTION
Decker Bullock Realty Inc. has applied for a conditional use permit application to establish a real
estate business office in the Village Commercial zone. The prior use was a dry cleaning
operation and the change of use required a conditional use permit. The use would occupy
TOWN OF TIBURON PAGE 1 OF 6
Town Council Meeting
January 15, 2014
approximately 1,295 square feet of ground floor space fronting on Fountain Plaza. Detailed
information concerning the use is included in the August 14, 2013 Planning Commission staff
report, attached as Exhibit B.
PLANNING COMMISSION REVIEW
The Planning Commission held a public hearing on the application on August 14, 2013, at which
it received extensive comment from interested persons, including several realtors and several
members of the Town's Marketing & Communications Task Force. Following deliberation, the
Commission voted 3 -0 to direct staff to prepare a resolution of denial, which was adopted by a
similar 3 -0 -1 vote on August 28, 2014, with Commissioner Welner abstaining. The Resolution
is attached as Exhibit C and the minutes of the two Commission meetings are attached as
Exhibits D and E. The Planning Commission staff report and correspondence from the August
28, 2013 meeting are attached as Exhibit F.
BASIS FOR THE APPEAL
There are three (3) grounds upon which the appeal is based:
Ground #l: The Planning Commission's decision was: (a) in excess of its jurisdiction and
resulted in a prejudicial abuse of discretion in that it was not supported by
findings of fact, and findings made were incorrect or inapplicable to this situation;
and (b) was not supported by substantial evidence in the record.
StaffResponse: The Planning Commission has jurisdiction over conditional use permit
applications under Section 16- 52.040(A) ofthe Municipal Code. The Planning Commission's
findings are set forth in Resolution 2013 -08, which, as discussed in greater detail below, track
the determinations and factors applicable to the CUP process under Section 16- 52.040(B) and
D). The Commission recognized the extensive efforts to revitalize the Downtown area in recent
years; the propensity for ground floor offices of the propose type to create "dead spaces" lacking
vitality and discouraging pedestrian activity; and found the application inconsistent with General
Plan Goal DT -C and General Plan Policy DT -16. Applicable General Plan policies and zoning
regulations are attached as Exhibit G.
The Town's General Plan is the foundation of all land use decisions in the Town. The General
Plan includes factual conclusions and policy decisions, as required by law. One such factual
conclusion is that new offices at the street level are incompatible with the Town's revitalization
efforts (see Downtown Element Section 4.4, page 4 -5). If an individual applicant disagrees, the
remedy is to not to ask the Town to ignore its General Plan, but to request an amendment.
Based on its reading of General Plan policies, the prominence of the property at the corner of
Main Street and Tiburon Boulevard, its proximity to the ferry landing area and its prime location
on Ferry Plaza, the Commission found the use inappropriate for its proposed location. The
General Plan and other substantial evidence in the record supports the findings regarding the
Downtown revitalization efforts, the tendency of business offices to create "dead spaces" and sap
vitality in Downtowns, and to support findings of inconsistency with the General Plan goal and
TOWN OF TIBURON PAGE 2 OF 6
Town Council Meeting
January 15, 2014
policy. These included the Crandall Arambula Announcement dated July 16, 2013 contained in
the August 14, 2013 staff report. In addition to that document, it is a well -known and generally
accepted economic -land use principle that in predominantly retail areas, ground floor office uses
erode the retail shopping environment ".I The theory behind first floor retail is that active uses
at the pedestrian level encourage pedestrians to walk further and experience more of the retail
district, resulting in longer stays, higher consumption, and stronger pedestrian flows.2 "Dead
space ", or inactive uses such as office (especially those that close at 5:00 PM) and residential on
the ground floor can create the perception of a dead end, signaling to pedestrians that they have
reached the end ofthe retail corridor and should turn back.3 Understandably, municipalities
commonly adopt restrictions on Downtown ground floor office uses. A recent City of Novato
staff report included the following:
Many cities have employed restrictions on ground floor office uses to create a continuous
pedestrian- oriented retail core. Office uses do not create retail display areas of interest to
pedestrians or public use areas such as outdoor seating, and often out - compete
independent retailers in terms of lease rates they can afford. Local examples of cities that
have adopted similar ground floor use restrictions include San Rafael, Tiburon, Sausalito,
Mill Valley and Petaluma.4
A market analysis study commissioned by the City of San Mateo found the following:
The retail frontage requirement for ground floor spaces should be protected, as over time,
conversion of street frontage ground floor retail spaces can result in a less vibrant and
less active pedestrian environment.5
Of particular importance are corner retail spaces. These larger retail opportunities should
be preserved, without any office use on the ground floor.6
The proposed ground floor office use at 1704 Tiburon Boulevard fits the above descriptions for
several reasons. First, it is on a corner. Second, the proposed use would likely generate a higher
lease rate than prior retail and service uses in that space, out - competing those other uses in that
regard. Second, the proposed office use's lack of a retail display area would in all likelihood
discourage pedestrians from walking further west along Tiburon Boulevard to the two eating
establishments (with outdoor seating) located at 1694 and 1696 Tiburon Boulevard, and the retail
and tourist - oriented uses located further west at 1690 Tiburon Boulevard.
Ground #2: Assuming the property is subject to the prohibition against ground floor office
use, the Commission's decision failed to recognize that the property qualifies for
an exception to this policy.
StaffResponse: This portion of the appeal appears to refer to the Zoning Ordinance Section 16-
22-040(B)(2), which provides for exceptions to the use restrictions of Section 16- 22.030(B)(2).
However, the Planning Commission did not base its denial on Section 16- 22.030(B)(2), which
prohibits street - fronting, ground floor office uses at specific street addresses. Accordingly, this
argument is misplaced.
TOWN OF TIBURON PAGE 3 OF 6
Town Council Meeting
January 15, 2014
Planning Commission Resolution 2013 -08 denied the application as inconsistent and
inappropriate for its proposed location based on the confluence of the following Town laws:
General Plan Goal DT -C: To encourage greater pedestrian activity and enjoyment of life
in Downtown while respecting surrounding residential uses. Note that the proposed
location is indisputably in the Downtown, as defined by the General Plan.
General Plan Policy DT -16: In order to encourage pedestrian use and enjoyment of Main
Street, the Town shall discourage commercial office uses from occupying ground floor
space suitable for retail and restaurants on Main Street and Ark Row. The proposed
location is in a building that fronts both Main Street and Tiburon Boulevard. The
Planning Commission reasonably interpreted this Policy to apply to the entire building.
Section 16.52.040(D) of the Zoning Ordinance: This section lists factors to be
considered in CUP applications. Most relevant to the denial of this application:
Subsections 2 (compatibility with existing and future land uses and 4 (protection of,
among other things, the public interest and welfare), because the new use would be
contrary to both the specific provisions and spirit of the above General Plan provisions
and would undermine attempts to re- vitalize the Downtown.
Staff notes that determinations required for a CUP by Section 16- 52- 040(B) are inextricably
linked to the above factors and the question of General Plan consistency. If the Council agrees
that the use would violate the General Plan, and that there are no conditions that would
ameliorate that violation, it cannot meet the requirements of Section 16- 52- 040(B)(4) [stipulate
conditions that would reasonably assure compatibility with the General Plan]. If the Council
finds that the use is not compatible with the existing uses in the vicinity and /or the VC district, or
ifthe Council finds that a street level office at this location is not in the public interest, it will not
be able to make the determinations required by Section 16- 52- 040(B)(1) and (2).
Ground #3: Substantial evidence in the record exists to establish all of the findings for grant of
a conditional use permit under Town Code Section 16 -52 -040.
StaffResponse: The Planning Commission denied the application because it found that the use
would be inconsistent with the General Plan and would be incompatible with the furtherance of
the public interest and welfare, as set forth in Section 16- 52- 040(D), due to its prominent
location on Fountain Plaza and the ongoing revitalization efforts in the Downtown area. The
Council will have to decide independently whether the proposal is consistent with Section 16 -52-
040 based on all the evidence in the record.
Section 16 -52 -040 provides that the CUP process is intended to make the five determinations
listed in subsection (B) and must consider the five factors listed in subsection (D). The August
14, 2013 staffreport noted the following concerns regarding the Section 16- 52- 040(D) factors at
pp. 3 -4:
TOWN OF TIBURON PAGE 4 OF 6
Town Council Meeting
January 15, 2014
Factor #2: This office use may not be compatible with the more lively surrounding uses
that invite more public interaction and interest. As a rule, street -level offices do not
attract as many customers as retail and restaurant uses nor do they contribute as much to
the pedestrian experience.
Factor #3: The character of the VC zoning district is generally inclined to more active
and/or retail - oriented uses on the ground floor.
Factor #4: The public interest might be better served by a use other than professional
offices.
As noted in connection with Ground 42, the determinations required by Section 16- 52- 040(B)
rely to a great degree on these factors. Accordingly, if the Council finds that factors 3 and 4 bear
negatively on this application, it will not be able to make the necessary determinations.
CONCLUSION
The Planning Commission interpreted the intent of the relevant General Plan goals and policies,
and the Zoning Ordinance provisions regarding findings for approval of conditional use permits to
the best of its ability in promoting the general welfare of the community. However, should the
Town Council conclude that the Commission erred in its interpretation or otherwise reached an
incorrect decision, the decision could be overturned on that basis. Another option, presented by
Decker - Bullock in a letter attached to Exhibit F, offers to "provide a significant section of the
space to allow for a Tiburon Visitor Center that could be staffed by volunteers and include space
for tourist and local merchant information." The Planning Commission declined to pursue that
offer.
RECOMMENDATION
It is recommended that the Town Council:
1) Hold a public hearing and take testimony on the appeal in accordance with the Town's
adopted procedure (see attached Exhibit H), and close the public hearing. 2) Deliberate and, if prepared to do so, indicate its intention to deny the appeal. 3) Direct Staff to return with a resolution denying the appeal for consideration at the next
meeting.
EXHIBITS
A. Notice of Appeal, received September 9, 2013.
B. Planning Commission Staff Report (with attachments) ofAugust 14, 2013.
C. Planning Commission Resolution No. 2013 -08.
D. Minutes of the August 14, 2013 Planning Commission meeting.
E. Minutes of the August 28, 2013 Planning Commission meeting.
F. Planning Commission Staff Report (with attachments) of August 28, 2013.
TOWN OF TIBURON PAGE 5 OF 6
Town Council Nleeting
January 15, 2014
G. Relevant General Plan and Zoning Regulations compilation.
H. Appeal procedures.
NOTES:
Scott Anderson telephone conversation with George Crandall, FAIA, Principal, Crandall Arambula Urban Design,
Planning & Architecture, January 6, 2014.
2 Downtown Frederick Retail Mix Report Research and Community Outreach Initiative, June 10, 2008, p. 19.
s Ibid, p. 19.
4 City of Novato staff report, City Council meeting ofOctober 23, 2012, Item 1 -13, p. 2.
5 Downtown San Mateo Market Analysis Update (Draft Report), prepared for the City of San Mateo by AECOM,
July 2, 2012, p. 34.
6 Ibid, p. 34.
The above - referenced documents are available for review in the Planning Division at Tiburon Town Hall.
Prepared By: Scott Anderson, Director of Community Development
Ann Danforth, Town Attorney
S. WininisirationlTown Co:incillStaffReports12013Wovember 6 drafts11704 Tiburon Boulevard appeal report. doc
TOWN OF TIBURON PAGE 6 OF 6
SEP 0 9 Vii
PLA. PP
TOWN OF TIBURON
NOTICE OF APPEAL
Town of Tiburon
1505 Tiburon Boulevard
77buron, CA 94920 Phone 415435 -7373
11 m oi.dburon.caus
APPELLANT(S)
Attach additionalpages ifnecessary)
K2 PROPERTIES, LLC and DECKER BULLOCK REALTY, INC.
Mailing Address:
P.O. Box 12705, Oakland, CA 94604
510 - 531 -6969
Telephone: (Work) (Home)
FAX and/or e-mail (optional):
ACTION BEING APPEALED
KZ@speakeasy.net
Planning Commission
Review Authority Whose Decision is Being Appealed:
August 28, 2013
Date of Action or Decision Being Appealed:
Name ofApplicant: Decker Bullock Realty. Inc
Type ofApplication or Decision: Use Permit —1704 Tiburon Blvd.
GROUNDS FOR APPEAL
Attach additional pages if necessary)
See attached Exhibit "A"
p
STAFF USE ONLYBELOW THIS LINE rT..HrID Ir[' NO.
Last Day to File Appeal: Date Appeal Filed:
FeePaid: -ISGO - ReceiptNo.TOOY4S Date of Appeal Hearing: i t .
NOTE: Current Filing Fee is $500 initial deposit for applicant and $300 flat fee for non - applicant
Exhibit "A" I SEP - 9 ZU13
Attachment to Notice of Appeal
K2 Properties LLC /Decker Bullock Realty
1704. Tiburon Boulevard
The Planning Commission's decision to deny the Use Permit to establish an office
use at 1704 Tiburon Boulevard is being appealed on the following grounds. Because the
appellant does not have the final Planning Commission's minutes of the meeting,
appellant reserves the right to amend or supplement this appeal.
1. The Planning Commission's Decision was in Excess of its Jurisdiction and
Resulted in a Preiudicial Abuse of Discretion.
a) The Planning Commission's decision was not supported by
findings of fact, and the findings offact that were made, were incorrect or inapplicable to
this situation. The subject property is not located on Main Street or Ark Row and is not
subject to the general plan policies that discourage commercial office uses in ground
spaces that front on Main Street or Ark Row. The subject property fronts on Tiburon
Blvd.
b) The Planning Commission's decision was not supported by
substantial evidence in the record. Evidence in the record shows that the subject property
is not located on Main Street or Ark Row and is not subject to the general plan policies
that discourage office uses in ground floor spaces that front on Main Street or Ark Row.
The subject property fronts on Tiburon Blvd. Additionally, the proposed use would not
discourage pedestrian activity or create a dead zone; but would in fact encourage
pedestrian activity and create a lively interface between visitors and locals.
2. Assuming the Prooerty is Subiect to the Prohibition Against Ground Floor
Office Use, the Planning Commission's Decision Failed to Recognize that the Property
Qualifies for an Exception to this Policy.
Specifically, evidence was submitted that the property is not suitable for retail,
restaurant or personal service use. Previous attempts at leasing the space to these types of
uses have conclusively shown that physical constraints on the property prohibit-these uses
and/or make them not economically viable.
3. Substantial Evidence in the Record Exists to Establish All of the Findings
for Grant of a Conditional Use Permit Under Town Code Section 16- 52.040.
950 NORTHGATE DRIVE, SVI7E 200
SAN RAFAEL, CALIFORNIA 94903
WEB www.sorensen1ow.com
Scott Anderson, Director of
Community Development
Town ofTiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
L A W O F F I C E S 01-
NEIL SORENSEN
September 9, 2013
Re: Appeal of Use Permit Denial —1704 Tiburon Blvd.
Dear Scott:
L 1113
TELEPHONE 415 499-8600
FACSIMILE 415 4 91-9 515
EMAIL nell@Sorensenlow.Com
This letter accompanies the Notice of Appeal filed by the applicant and appellants from
the decision of the Planning Commission on August 28, 2013, denying the Use Permit for a real
estate sale office at 1704 Tiburon Blvd.
Since I was first retained on September 6, 2013, and will need a minimum of four weeks
to review the record and get up to speed on this matter, I would request that the Town Council
hearing in this matter not be scheduled until the Council's second meeting in October.
If there is a problem with this scheduling, kindly let me know at once.
Very truly you
NEIL SORENSEN
NS /mjs
Enclosures
cc: K2 Properties LLC
Decker Bullock Realty, Inc.
Margaret A. Curran, Town Manager
To:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Members of the Planning Commission
Planning Commission Meeting
Augustl4,2013
Agenda Item: /
From: Community Development Department
Subject: 1704 Tiburon Boulevard; File #11304; Conditional Use Permit to Establish a
Real Estate Office in the VC (Village Commercial) Zone; K2 Properties, LLC,
Owner; Decker Bullock Realty, Inc., Applicant; Assessor's Parcel Number:
059 - 102 -17
Reviewed By:
PROJECT DATA
Address:
Assessor's Parcel Number:
File Number:
1704 Tiburon Boulevard
059 - 102 -17
11304
General Plan Designation: VC (Village Commercial)
Zoning: VC (Village Commercial)
Owner: K2 Properties, LLC
Applicant: Decker Bullock Realty, Inc.
Flood Zone: AE (100 -year Storm Special Flood Hazard Area)
Date Complete: August 5, 2013
PROJECT DESCRIPTIONBACKGROUND
Decker Bullock Realty Inc. is requesting a conditional use permit to establish a real estate sales
office in the Village Commercial (VC) zone at 1704 Tiburon Boulevard. The prior tenant in the
now vacant space was Maria French Cleaners, a dry cleaning/tailoring use. A conditional use
permit is required for the change in use and for a "business and professional office" use, pursuant
to zoning ordinance section 16- 22.030.
The applicant is proposing to occupy 1,295 square feet of the existing ground floor commercial
space at the building located at 10 Main Street/1704 Tiburon Boulevard. This portion of the
building fronts Fountain Plaza, a primary public space in Downtown on a prominent comer. The
building space is triangular in shape and tapers to almost no width as it approaches Juanita Lane.
Application materials state that this would constitute relocation from an existing Tiburon
Boulevard office location [1620 Tiburon Boulevard]. Two to three employees are expected to
occupy the space at any given time during business hours. A description and operating details of
the use are provided in Exhibit 1. A floor plan is attached as Exhibit 2.
TOWN OF TIBURON PAGE 1 OF 5
TM NO
Planning Commission Meeting
August 14. 2013
The building has been commonly known as the Musso Building, where John Musso operated his
bakery for many years. Since 1990, uses in the triangular portion ofthe building facing Tiburon
Boulevard have been a jewelry store, clothing stores, and art galleries. In 2010, the Planning
Commission approved a conditional use permit for a wine tasting operation, but the use never
commenced. The dry cleaning operation moved in shortly thereafter.
ANALYSIS
General Plan Consistency
Certain goals and policies contained within the Land Use Element and the Downtown Element
are relevant to this application. These are briefly described below.
Land Use Element
The subject site is designated Village Commercial (NC), which may typically allow, subject to
specific zoning regulations, resident - serving commercial and offices and mixed use
commercial/residential or office /residential) uses.
Goal LU -A: To provide an orderly balance of public and private land uses within
convenient and compatible locations throughout the community.
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 -2: The Town shall limit the type and amount of uses within the Town to those thatarecompatiblewiththenature, 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.
Downtown Element
Several downtown element goals and policies are also germane to the application. These are:
Goal DT -B: To enhance Downtowns role as the commercial and service center of Tiburon
while promoting new resident - serving and visitor- serving uses and facilities.
Goal DT -C: To encourage greater pedestrian activity and enjoyment of life in Downtown
while respecting surrounding residential uses.
Policy DT -1: The Town shall promote a clean, well- maintained Downtown area that servesthecommercial, service, and passive recreation needs of the community and is an
aesthetically pleasing, friendly, and desirable destination.
ioWN OF Tisnao= Page 2 of 5
Pluming Commission Nfcrting
August14,2013
Policy DT -3: The Town shall actively promote the economic vitality of its Downtown.
Downtown Committee [insert into DT -3 discussion]
Policy DT-15: The Village Commercial land use designation (Main Street /Ark Row) may be
comprised of tourist- oriented and resident - oriented uses, as well as residential uses. The
maximum allowable intensity for lands designated Village Commercial is an FAR of 0.28,
except in accordance with Policy DT -6 or where a Transfer of Intensity is approved
consistent with Policy DT -9.
Policy DT-16: In order to encourage pedestrian use and enjoyment of Main Street, the Town
shall discourage commercial office uses from occupying ground floor space suitable for retail
and restaurants on Main Street and Ark Row.
Zoning Ordinance Conformance
VC Zone Regulations — Section 16 -22
The Village Commercial zone is intended to primarily provide for resident - serving commercial
and office uses, while allowing souvenir shops, incidental residential uses, and mixed -use
commercial/residential projects in accordance with the General Plan. In 2008, the Town
amended the zoning ordinance to implement General Plan policy DT -16. New street - fronting
ground floor office uses were no longer permitted on Main Street and Ark Row for addresses 1-
100 Main Street, without receiving an exception in conjunction with a conditional use permit.
While the proposed use would have a 1704 Tiburon Boulevard address, the building in which it
would be located also has addresses of 10 and 14 Main Street.
Urban designers and marketing experts have long considered certain types of ground floor uses to
be detrimental to vibrant downtown areas, and some firms release short primers on such topics
see Exhibit 3 for an example). But each community is different, and the Commission should
weigh the relevance ofthese general principles to the downtown Tiburon situation.
In January, 2010, a major and ongoing downtown revitalization effort began when an ad -hoc
Town Council committee was appointed. In 2011, the Town Council received the Downtown
Vibrancy Report, which contained numerous recommendations aimed at increasing the vitality of
downtown Tiburon. Extensive efforts to improve the vitality of downtown continue to be
undertaken as an outgrowth of the Downtown Vibrancy effort. These include the creation and
continuing work of the Marketing & Communications Task Force, implementation of the
Downtown Circulation & Parking Study recommendations, and promotional efforts by the
Director of Marketing. The Commission should consider whether approval of the use permit
would be supportive of these ongoing vibrancy endeavors.
Use Permit Regulations— Section 16- 52.040
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:
TOXAFN OFTmIRON Page 3 of 5
Planning Commission D4ceting
August 14. 2013
1. The relationship of the location proposed to the service or market area of the use or
facility proposed; transportation, utilities, and otherfacilities required to serve it; and
other uses of land in the vicinity. The proposed office use would be located near the
intersection of Main Street and Tiburon Boulevard, fronting on Fountain Plaza. The
addresses in the building are 10 and 14 Main Street and 1704 Tiburon Boulevard. There
are at least three other real estate offices on the same side of Tiburon Boulevard in the
downtown area. The proposed use would relocate the existing Decker Bullock office
from 1620 Tiburon Boulevard. The use would be adequately served by the street
network, utilities and other support facilities.
2. The compatibility ofthe design, location, size, and operating characteristics with the
existing andfuture land uses in the vicinity. The proposed use would occupy 1,295
square feet of existing vacant storefront fronting Fountain Plaza. Minor interior tenant
improvements are proposed. The proposed operating characteristics and hours of
operation are typical of office uses and would not be disruptive of surrounding uses. The
use would be compatible with surrounding uses. However, its location on Fountain Plaza
and its nearness to the prominent Main Street/Tiburon Boulevard intersection could
detract from the vitality of that public space in comparison to other types of uses that
invite more public interaction and interest.
3. Theprobability ofimpairment to the architectural integrity and character ofthe zoning
district in which it is to be located The architectural integrity of the building would not
be affected by the proposed use. The character of the VC zoning district is generally
inclined toward more active or retail- oriented uses on the ground floor.
4. The protection ofthe public interest, health, safety, convenience, or welfare ofthe
Town, or any probability of injury to property or improvements in the vicinity and
zoning district in which the realproperty is located. The proposed use would not
generate any activities that would result in health or safety problems or any probability of
injury to property or improvements in the vicinity. An argument could be made that the
public interest would be better served by a use other than professional offices.
5. The need ofthe community for additional numbers of such uses, payingparticular heed
to whether the neighborhood or vicinity is already adequately served by similar uses.
This use would be relocating from a building in the next block along Tiburon Boulevard
and would not result in a change in the number of realty offices serving area customers.
Flood Hazard Zone
A portion of the subject property is located in an AE zone, which is an area subject to inundation
by the 1% annual chance of flood, or so- called 100 -year storm event. However, the extent oftenantimprovementsproposedbythisusemovingintothebuildingisfartoosmalltotrigger
compliance with the Town's flood prevention ordinance.
I o,>v of TITWR(.)\ page 4
PLlnning Commission N•lecting
Augosc 14.2013
Parkin;
The 1,295 square foot space was previously occupied by a dry cleaning use, which was recentlygrantedaconditionalusepermitbythePlanningCommissiontorelocatetotheMaritimeCenter
Annex building at 1620 -1630 Tiburon Boulevard, where the existing Decker Bullock office is
located. Per the zoning ordinance, an office use requires one parking space for each 300 square
feet of net occupiable floor area, for a total of four (4) spaces required for the proposed use. The
prior dry cleaningitailoring use also had a requirement of four (4) spaces. The proposed use
would therefore not constitute an intensification of parking demand compared to the pre - existing
use. There is no on -site parking on the property and this use and prior uses would need to rely on
nearby on- street spaces or on private parking lots.
PUBLIC CORRESPONDENCE
The Town has received no correspondence on this item as of the preparation ofthis report.
ENVIRONMENTAL DETERNIINATION
Staff has made a preliminary determination that the subject application is Categorically Exempt
from the requirements of the California Environmental Quality Act (CEQA) per Sections 15301
and 15303 ofthe CEQA Guidelines.
CONCLUSION
The proposed use would not conflict with other uses in the vicinity and would likely constitute a
stable, long -term tenant in an oddly- shaped commercial space that has seen considerable turnover
in the past 25 years. However, from a downtown vitality standpoint, the proposed office use
would be much less desirable than a more inviting and interactive retail, food/drink- related, or
other type of use that could take better advantage of the prime location on Fountain Plaza and the
proximity to Main Street.
RECOMMENDATION
Staff recommends that the Planning Commission:
Hold a public hearing on this item and hear and consider all testimony, and
2. Consider the merits ofthe application and direct staff to return with an appropriate
resolution at the next meeting. The Planning Commission may approve, approve
with conditions, or deny the application based on its findings and conclusions.
Exhibits: 1. Application Form & Supplemental Materials
2. Floor Plan
3. Crandall Ammbula Marketing Series Example on Downtowns
Prepared By: Scott Anderson, Director of Community Development
i7F 11RPR0% Pages
s
TOWN OF TIBURON
LAND DEVELOPMENT APPLICATION
8 Conditional Use Permit
o Precise Development Plan
Secondary Dwelling Unit
Zoning Text Amendment
Rezoning or Prezoning
o General Plan Amendment
o Change ofAddress
TYPE OF APPLICATION
Design Review (DRB)
Design Review (Staff Level)
o Variances) #
Floor Area Exception
Tidelands Permit
o Sign Permit
o Tree Permit
LAUG 01 2U 1 3
tN
o Tentative Subdivision Map
o Final Subdivision Map
Parcel Map
Lot Line Adjustment
o Condominium Use Pemtit
Certificate of Compliance
Other
APPLICANT REOUIRED INFORMATION
A LEAS EA ALE AREA
SITE ADDRESS: I!Ot-I'- f- ihUYZ7l 1VC -Y PROPL 1ZTr /q 5
PARCEL NUMBER: 0 5q - l el a -1.} m ZONING ;L-
PROPERTY OWNER:
MAILING ADDRESS:
PHONE /FAX NUMBER:
APPLICANT (Other thl
MAILING ADDRESS:
PHONE /FAX NUMBED
ARCHITECT/DESIGNER/ENGINEER
MAILING ADDRESS:
PHONE /FAX NUMBER: E -MAIL:
Please indicate with an asterisk (*) persons to whont Town correspondence should be sent.
BRIEF DESCRIPTION OF ROPOSEp PROJECT (attack separate skeet ifneeded): rho 15-1;-I•Ar {n `°C PSCd 1;zEL(tw I
1, the undersigned owner (or authorized agent) ofthe property herein described, hereby make application
for approval ofthe 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
Town 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. I therefore agree to accept this responsibility for
defense at the request of the Town and also agree to defend, indemnify and hold die 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 the third party challenge.
Signature: ) -I-tl ' Date: 01 AUGuST Zola
Ifother than ornery mast have an authorization letterfrom the owner or evidence ofdefacto control
ofthe property or premisesfor purposes offtling this application
tJU tNV l Y1'1(l1L UGLV YY 1RlJ LLL L`
DEPARTMENTAL'1'ROCESSING INRORMATION
Application No.: (1,304 GP Designation:. VC Fee Deposit:'fi f , 6 0,
Date Received: S -:.I -.1013 - Received By:,,.:. Receipt #: L3'7076
Date Deemed Complete: - - By:
Acting Body:. Action: Date: -
Conditions of Approval or Comments :. - Resolution or Ordinance #
BXIIBIT NO. I
t: V_.4tl
Town of Tiburon L L: .: is
Conditional Use Permit Application AUG 01 2013
8/1/13
PIANNIP:G DIVISION
BRIEF DESCRIPTION OF PROPOSED PROJECT:
We propose to relocate a very tasteful upscale real estate office location to downtown Tiburon where it
can serve the many local clients we represent, as well as provide helpful information for visitors
interested in learning more about Tiburon community. Decker Bullock Sotheby's International is locally
and independently owned, the principals have been conducting business in this market for over 25
years, and the brand is synonymous throughout the county with quality and excellent community
relations. We are relocating from another Tiburon Blvd location, and have a current Town of Tiburon
Business License.
This project should be approved for the following reasons:
This is the highest and best use for the space given the suitability of the space for the intended
use, and the proposed use's consistency with the general plan. The proposed use represents a
historic use, as the space was used as an office by 2M &G Marketing Arts during a 5 year period,
from October, 2000 through November, 2005
We can create an environment that enhances the plaza and the neighborhood at large, adding a
sense of style and cohesion far superior than a Dry Cleaning Establishment. The Sotheby's
International Brand is known worldwide as a luxury brand and reflects well on the local
community, emphasizing the cache of the Tiburon and Belvedere community.
This use is a less intense use than that of the previous dry cleaning establishment. We will not
create the congestion that the pick -up and drop -off activities created, nor the hazards to
pedestrians that is attached to such a business. We will have two or three employees on site,
and anticipate a steady flow of clients in the middle of the day, when providing an excellent
complement to the other businesses in the downtown core. Local agents can answer tourist
questions about the area in a much more helpful way since they live in the surrounding locale.
We are prepared to work with the City Planning Commission to comply with all requirements in
the spirit of making this project an asset to the downtown.
A) Form attached with check.
B) Ownership
1) Not Required per Scott Anderson —
i) Owner- K2 Properties LLC, PO Box 12705 Oakland, CA 94604 -2705
2) Kia Zandvakili, Manager of K2 Properties LLC and Vesa Becam, Listing Agent, Keegan and Coppin
3) Attached
4) Not required per Scott Anderson
5) Not required per Scott Anderson
C) Use and Management
1)
a) We anticipate 1 -3 people at the location at a time. This office is designed to be of use to the
local owners of real estate in the Tiburon and Belvedere communities, as well as providing
local information to visitors considering a move to Tiburon or Belvedere. This will be an
asset to the community.
b) No specific vehicle traffic increase is expected. There will be minimal garbage, unlike a retail
or food establishment. Visitors and locals would presumably be in town for various reasons.
We already have an office a few blocks away on Tiburon Blvd, so there will be no net gain by
agents.
c) Hours are anticipated to be 10am -4pm. We plan to be open to support community events
like Friday night on Main Street and be a contributing establishment for all the local
functions.
d) No product. Real estate and ancillary services.
e) No outdoor activities.
f) No odors, dust or glare.
g) No hazardous materials
h) Attached.
2) Not required by Scott Anderson
3) This was a Dry Cleaner.
D) No plans to change any of the existing exterior structure. Signage Application and any minor
modifications would be submitted upon acceptance of a conditional use permit and will be in
compliance with the Town of Tiburon Design Handbook and ADA compliance and local Building
requirements.
E) Not required per Scott Anderson
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Scott Anderson
From: Crandall Arambula Announcement [ca- announcement@ca- city.com]
Sent: Tuesday, July 16, 2013 2:50 PM
To: Crandall Arambula Announcement
Subject: How to Kill A Downtown
Revitalizing Cities Series
A healthy downtown is a place where people want to live, shop, work and play. All
too often, unconstrained market forces and auto traffic degrade the health ofthe
urban environment
The Retail Offering is Depleted
Competing strip malls, big box stores, and shopping centers are built outside the downtown,
diminishing the downtown's market share and forcing many retailers to close.
The downtown retail environment Is weakened as non - retail uses such as real estate offices,
law offices, and exercise studios move into vacant ground -floor retail space.
Retail buildings are demolished to accommodate new banks, office buildings, and surface
parking lots.
Traffic lanes are added and curbside parking used by retail customers is removed, further
discouraging shoppers.
Retail - friendly two-way streets are changed to one -way streets to accommodate more auto
traffic.
A Hostile Pedestrian Environment is Created
Sidewalks are narrowed to provide additional traffic lanes, reducing the space needed for
outdoor retail displays, benches, restaurant seating and walking side -by -side.
Curbside parking is removed and there is no separation between pedestrians and moving
traffic, making pedestrians feel unsafe.
Intersections are widened, increasing crossing distancesfor pedestrians.
Automatic pedestrian traffic signals are replaced by push buttons, frustrating pedestrians
who want to cross a street without having to push a button for permission.
Surface parking lots, drive-through banking facilities, and windowless facades replace the
retail storefronts, further degrading the walking experience.
Large civic structures such as government buildings, arenas, and convention centers with
ground -level blank wails are built in central downtown locations, creating an environment
that feels unsafe.
Visual Blight and Chaos are Everywhere
Page 1 of 2
How To Kill a
incompatible Design
Historic facades are covered with cheap, trendy building materials.
Unique historic buildings are demolished and replaced with characterless modern buildings.
New buildings are constructed next to landmark historic buildings without considering
compatibility of design.
Placeless structures that don't reflect regional character, climatic needs or social values, are
built
Oversized, garish and inappropriately placed signage creates further visual blight.
Fundamental planning actions can be taken to fix downtowns. These include: 1) identification of
needed improvements, (2) concept designs that locate and establish the appropriate character of
new buildings, open space and special features, (3) an implementation strategy, and (4) guidelines
and codes needed to ensure thatthe intent of the plan is respected.
For more information contact.
Blank Wails
EXHIBIT NO.
RESOLUTION NO. 2013-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TI13URON
DENYING A CONDITIONAL USE PERMIT APPLICATION TO ESTABLISH AN
OFFICE USE AT 1704 TIBURON BOULEVARD
ASSESSOR PARCEL NO. 059-102-17
WHEREAS, the Planning Commission ofthe Town ofTiburon does resolve as follows:
Section 1. Findines.
A. The Town has received and considered an application (File #11304) filed by Decker
Bullock Realty, Inc. for a conditional use permit to establish a commercial office use on
the ground floor at 1704 Tiburon Boulevard in the Village Commercial zone. The
application consists of the application form and supplemental materials received August
1, 2013.
B. The Planning Commission held a duly- noticed public hearing on August 14, 2013, and
heard and considered all testimony and evidence from interested persons.
C. The Planning Commission is aware of the extensive public improvements made to the
Fountain Plaza area within the last several years, comprising approximately a half - million
dollars in investment in Fountain Plaza, including the installation ofthe Coming About
fountain, benches, landscaping, and surface improvements; and that said improvements
along with the Plaza's critical location at the intersection of Main Street and Tiburon
Boulevard, have helped to make Fountain Plaza a center ofpublic activity in the
downtown area.
D. The Planning Commission is aware of the Town's extensive efforts in recent years to
revitalize and add vibrancy to the downtown area. In January, 2010, a major and ongoing
downtown revitalization effort began when an ad -hoc Town Council committee was
appointed. In 2011, the Town Council received the Downtown Vibrancy Report, which
contained numerous recommendations aimed at increasing the vitality of downtown
Tiburon. Extensive efforts to improve the vitality of downtown continue to be
undertaken in furtherance of the Downtown Vibrancy movement. These include the
creation and continuing work ofthe Marketing & Communications Task Force,
implementation of the Downtown Circulation & Parking Study recommendations, and
promotional efforts by the Director of Marketing. Based on extensive testimony at the
public hearing by members of the public and by the Marketing and Communications Task
Force, the Planning Commission finds that approval of a ground floor commercial office
use in this location would be antithetical to the downtown vibrancy efforts and the
substantial prior and planned expenditures ofpublic monies toward the revitalization
effort. Based on the applicant's own testimony, the real estate office use would likely
remain in the proposed location for many years as a stable tenant, thereby ensuring a
long - standing non - interactive ground floor commercial office use along the majority of
Fountain Plaza's building frontage.
TIBURON PLANNING COMMISSION RESOLUTION NO- 2013-08 AUGUST28, 2013
L;.ITT -'T7 NO. y
E. The Planning Commission finds, based upon application materials and analysis presented
in the August 14, 2013 Staff Report, as well as on testimony received at the August 14,
2013 public hearing, and also based on visits to the site and other evidence in the record,
that the project is inconsistent with the goals and policies of the Tiburon General Plan
regarding the downtown area. Specifically, the Planning Commission finds that the
application is inconsistent with the following goals and policies of the Tiburon General
Plan:
1. General Plan Goal DT -C "encourages greater pedestrian activity and enjoyment of
life in Downtown while respecting surrounding residential uses ". The Planning
Commission concludes that the proposed office use would not contribute to
increased pedestrian activity but would create a relative "dead zone" of activity
typically associated with ground floor professional and business office uses.
2. General Plan Policy DT -16, in order to encourage pedestrian use and enjoyment of
Main Street, discourages commercial office uses from occupying ground floor
space suitable for retail and restaurants on Main Street and Ark Row. The
Planning Commission, in interpreting the intent and meaning ofPolicy DT -16,
finds that the subject building, with addresses of 10 and 14 Main Street and 1704
Tiburon Boulevard, should properly be considered part of Main Street and that
this policy does apply to the property as a whole and therefore to the space in
question. The Planning Commission finds the proposed use is inconsistent with
Policy DT -16 and that the proposed ground floor commercial office use is wholly
inappropriate for the location being sought on the basis of its interpretation of
General Plan policies, the prominence of the property at the comer of Main Street
and Tiburon Boulevard, its proximity to the ferry landing area, and its prime
location of Fountain Plaza.
F. The Planning Commission finds with respect to conformance with Zoning Ordinance
section 16- 52.040(D), that the proposed use would be incompatible with the furtherance
of the public interest and welfare given the extensive revitalization efforts and substantial
public and private expenditures in recent years toward the revitalization of the
Downtown, and the singular importance of the Fountain Plaza area as a focal point to
community beautification and ongoing improvement of the Downtown's vitality and
attraction.
Section 2. Denial.
NOW, THEREFORE, BE IT RESOLVED that based on the above findings, the Planning
Commission hereby denies the Conditional Use Permit application for 1704 Tiburon Boulevard
File #11304).
PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on
August 28, 2013, by the following vote:
AYES: COMMISSIONERS: Corcoran, Kulik, Tollini
TBURON PLANNING COMMISSION RESOLUTION NO. 2013-08 AUGUST 28, 2013 2
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Weller
ABSTAIN: COMMISSIONERS: Welner
N WE R, VICE- CHAIRMAN
Tiburon Planning Commission
ATTEST:
SCOTT ANDERSON, SECRETARY (ACTING)
TIBURON PLANNING COMMISSION RESOLUTION NO. 2013-08 AUGUST 28, 2013
PLANNING COMMISSION MINUTES
MINUTES NO. 1035
August 14, 2013
Regular Meeting
Town of Tiburon Council Chambers
1505 Tiburon Boulevard, Tiburon, California
CALL TO ORDER AND ROLL CALL:
Vice Chair Weller called the meeting to order at 7:30 p.m.
Present: Chair Weller, Commissioner Corcoran and Commissioner Kulik
Absent: Vice Chair Welner and Commissioner Tollini
Staff Present: Director of Community Development Anderson and Minutes Clerk Rusting
ORAL COMMUNICATIONS: None
COMMISSION AND STAFF BRIEFING:
Chair Weller welcomed Commissioner Kulik to the Board and thanked him for his service.
Director Anderson stated that the November Council election filing period closed today and all
three incumbents have filed for re- election and Planning Commissioner Tollini was the only one
who applied for the two -year seat. He said that it appeared that there would be no election for
council members in Tiburon this November.
PUBLIC HEARINGS:
1. 1704 TIBURON BOULEVARD: CONDITIONAL USE PERMIT TO ESTABLISH
A REAL ESTATE OFFICE IN THE VC (VILLAGE COMMERCIAL ZONE);
FILE #11304; K2 Properties, LLC, Owner; Decker Bullock Realty, Inc., Applicant;
Assessor's Parcel Number 059 - 102 -17
Director Anderson stated that Decker Bullock Realty, Inc. has applied for a conditional use
permit to establish a real estate sales office in the Village Commercial zone at 1704 Tiburon
Boulevard. The applicant proposes to occupy 1,295 square feet of the existing ground floor
commercial space at the building located at 10 Main Street/1704 Tiburon Boulevard. This
portion of the building fronts Fountain Plaza, a primary public space in Downtown on a
prominent corner. The building space is triangular in shape and tapers as it approaches Juanita
Lane.
This would constitute relocation from an existing Tiburon Boulevard office location at 1620
Tiburon Boulevard, which is down the street. The building has been commonly known as the
Musso Building, where John Musso operated his bakery for many years. Since 1990, uses in the
triangular portion of the building facing Tiburon Boulevard have been a jewelry store, clothing
TIBURON PLANNING COMMISSION MINUTES - AUGUST 14, 2013 MINUTES NO. 1035 PAGE I (\
rT
stores, and art galleries, and most recently a dry cleaner. In 2010, the Planning Commission
approved a conditional use permit for a wine tasting operation, but the use never commenced.
The dry cleaning operation moved in shortly thereafter.
Director Anderson said that the written staff report provided policies from the land use and
downtown elements of the General Plan that were relevant to this application. He noted that the
2005 General Plan, specifically Policy DT -16, discourages commercial uses for first story spaces
in portions of Downtown, and this space is a borderline case. In 2008 the Town amended its
zoning ordinance to implement Policy DT -16 regarding ground floor office uses to state they
were no longer permitted at certain addresses without receiving an exception in conjunction with
a conditional use permit. He stated that urban designers and marketing experts have long
considered certain uses detrimental to downtowns and this is one type ofuse that is mentioned.
He said that over the past three years the Town has engaged in a robust revitalization effort of
downtown, and the Downtown Vibrancy Report makes several recommendations to revitalize
downtown and that the Marketing and Communications Task Force and Marketing Director are
continuing this effort.
With respect to zoning, he noted that the zoning ordinance lists several factors that should be
considered in reviewing conditional use permits. In conclusion, he stated that the issue was not
that the proposed use was incompatible with its surroundings or any type of nuisance, but rather
about the appropriateness of an office use for this particular location given the Town's goals and
policies regarding its downtown.
Commissioner Corcoran asked ifthe adoption of the 2008 General Plan policy included an
indication of the Council's intention regarding this building. Director Anderson said that that
policy was adopted in 2005 as part the General Plan and the zoning following in 2008. He
doubted that the General Plan policy discussion reached that level of specificity, but he noted
that there was a strong belief some of the ground floor office uses along Main Street had created
dead spaces ", and that the practice of allowing ground floor office space on Main Street should
be discouraged.
Chair Weller asked ifDirector Anderson about the "exception" findings required for allowing
ground floor office uses in the discouraged areas. Director Anderson read from the zoning
ordinance as follows:
An exception to allow street - fronting ground -floor office use otherwise prohibited by
section 16- 22.030 provided that a conditional use permit is secured and one or more of
the following findings are made: a) The space proposed for the office use is not
physically suitable for retail, restaurant, or personal service use, or b) The applicant has
provided substantial and compelling evidence that retail, restaurant, or personal service
use is not economically viable in the proposed location."
Commissioner Kulik asked if it is known why there was so much turnover in this location.
Director Anderson said that he could not speak to that issue.
Heidi Pay, representing Decker Bullock Realty, said that they looked at this property because
they perceive it as a good location and they perceive themselves as providing vibrancy to
TIBURON PLANNING COMMISSION MINUTES - AUGUST 14, 2013 MINUTES NO. 1035 PAGE 2
downtown. She said that they are very stable and have an internationally recognized luxury
brand that enhances the destination. She noted that the property has an address on Tiburon
Boulevard and is therefore exempt from requiring an exception. She said that they represent a
significant number of local homeowners on the peninsula and anticipate bringing many local
residents to downtown. She said that they did not feel that it would be perceived as a dead zone.
She stated that they plan to add something that would not have the look and feel of a traditional
office space, and they plan to provide an inviting atmosphere and location for people to come in
and peruse the properties for sale in Tiburon. She said that visitors could find out more about the
community, the benefits of living in Tiburon, and the community than they could from retail
staff. She stated that they are a long term business with a very stable income and they have an
office two blocks from the proposed location, so this would simply reflect a move for them. She
said that the use would not add traffic or have any negative impact to the community. She stated
that it is critical to maintain a level of consistency downtown, and it would help the shopkeepers
rather than having continuous turnover and vacancies. She stated that many businesses in this
location in the past have not been successful and that there was hardly any other business that
could configure itselfwell to the triangular shape of the building.
Chair Weller opened the public hearing.
Tom Gram said that Tiburon made some poor planning decisions in the 198O's when it allowed
39 Main. Street to become offices and the old bank building at 55 Main Street to become a law
office. These have created dead spaces. He said that people stop when they reach those locations
and never make it to Ark Row.
He emphasized that Fountain Plaza has become the most prominent spot in downtown over the
last several years, and an office use is not needed in this location. He said that he has experience
in retail development and the planning rule is to never allow ground floor office in retail
streetscape to avoid dead zones. He pointed out that this is clearly discussed in the General Plan.
He said that another real estate company recently applied for a location on Main Street, and he
discouraged them from pursuing their application for the same reasons, and they ended up not
pursuing it. He acknowledged that this space is difficult but added that the high rent is an owner
problem and not a Town problem.
Commissioner Kulik asked Mr. Gram ifhe believed the General Plan and zoning had intended to
include this space as discouraging ground floor offices. Mr. Gram responded that Fountain Plaza
was just getting going and it was not a major part of planning until later. He noted that the Town
and donors put up over $500,000 to re-do Fountain Plaza and it was not a major area of
concentration at the time, but once the fountain was constructed it became the center oftown. He
said that this building is a dead space on Fountain Plaza and he thought that the cleaners were a
dead space as well. He said that it is not the Town's responsibility to deal with the economics of
a particular space.
Commissioner Kulik asked Mr. Gram if he considered Fountain Plaza to be part of Main Street.
Mr. Gram answered that when the plaza opened and was finished it became the center of town; it
is where people come off the ferry, and another office space is not needed in the area.
Colin Probert said that he and his wife have lived in Tiburon for 25 years and he is a member of
the Marketing and Communications committee for the Town. He said that he was arguing
TIBURON PLANNING COMMISSION MINUTES - AUGUST 14, 2013 MINUTES NO. 1035 PAGE 3
against the location of the real estate office in this building. He said that in recent years the
downtown has really struggled and stores have had a hard time staying open. He said that the
merchants who have invested in their stores have been struggling for a long time before they go
out ofbusiness. He stated that the Town has been working to bring more business downtown and
he believed that the Town should attempt to make that corner an exciting and vibrant location.
He said that he has learned that the most important ingredient in a successful business is the
product itself. He said that more people need to be brought in and therefore the experience of
downtown needs to be better, and a stronger mix of stores and cafes are needed in downtown
Tiburon if they want more people to come. He said that this building is the first building one sees
when exiting the ferry and is therefore the first impression of what the town is like. He suggested
that a fun, energetic, and inviting tenant should go in that location rather than dead office space.
He said that he was not exaggerating the importance of one retailer in the right location and
pointed out the success of Peet's Coffee in the Cove Shopping Center. He stated that the right
business in a particular space really determines the feel of the space, and he felt that this was a
pivotal moment for downtown Tiburon. He stated that the Commission should be supporting a
vibrant downtown economy.
Patrick Sherwood said that the real estate business and its offices are not known for vibrancy. He
said that in an effort to bring energy and experiential vitality to downtown, this decision [by the
Planning Commission] was critical because this location is "center stage" in downtown Tiburon.
He said that this is the building that is seen immediately when coming off the ferry and the
fountain was put in that location because it is the center of the town. He said that his hope was to
bring more traffic and experiential vitality to downtown, and therefore a business that involves
human energy is needed. He said that more people and public art and new business are beginning
to come to downtown, and he believed that it is very possible to creatively bring vitality to the
area, and that is an important part of why he lives in Tiburon.
Michael Koskie said that he is a member of the Marketing and Communications committee and
he occupied space in the building for six years. His offices were upstairs, and when he wanted to
expand to the downstairs, he was discouraged by the Town and instead created an art gallery on
the ground level. He said that the turnover of that space is landlord- related and the landlord is
very difficult to deal with.
Todd Garrett said that he is also a member of the Marketing and Communications committee. He
said that they have worked for over two years to provide a unique vision and position for
Tiburon to bring people downtown. He said that when people come to Tiburon they are charmed,
noting that the reaction of concierges they have brought to Tiburon has been very positive, and
they are organizing trips to Main Street. He felt that it would be a huge mistake to make this
space at the center of town a real estate office. He said that the use should be something that is
fun to visit, or a fine dining experience, and fulfill the need of the town to provide a vibrant
experience for people who visit Tiburon. He said that filling that space with a real estate broker
would not be enticing and would not make this look like a unique place to visit.
Janice Anderson -Gram pointed out that there are five real estate offices in the area already. She
agreed with Mr. Garrett that it would be wonderful ifthis location was a lively and vibrant space.
She felt that this was really not a hard choice [for the Planning Commission] because an office
will not provide a lively, exciting space. She said that there would be times when there is no one
in the office on weekdays and particularly on the weekends. She said that the committee wants
TIBURON PLANNING COMMISSION MINUTES - AUGUST 14, 2013 MINUTES NO. 1035 PAGE 4
this space to be inviting, especially on weekends when people are visiting Tiburon. She said that
the Planning Commission should not allow this prime and very visible ground floor space to
become another office. She said that there is not a real need for this use in this location given that
there are five real estate offices already in the area.
Jan Harder, representing ACV Argo Tiburon, which owns several properties in the downtown,
said that her company recommends retail uses on the ground floor and office uses on second
stories. She pointed out that her own company has office space on second floors and they have
refused real estate office offers on the ground floor because of the concerns brought up at
tonight's meeting. She said that tenants in the area need the cross - traffic that retailers bring into
downtown. She said that office users take up parking for retail users, and office users often park
in those areas for hours. She said that those parking spaces should be available for people who
want to spend time in the retail shops. She said that office uses downtown are difficult because of
that lack ofparking. She encouraged keeping retail uses on the ground floor and offices uses on
the second floor.
Olivia Decker, Decker Bullock Realty, said that she has lived in Tiburon since 1976 and they
have two offices on Tiburon Boulevard right now. She said that they bring people to town to buy
homes to live in Tiburon and the better downtown they have, the better for her own business, so
they therefore have the same goals. She said that the reason they want to move to this location is
because it is a better location near the fountain. She said that she wants clients to come in and see
them and she suggested setting up tables in front of the office and serving coffee or wine. She
said that they have been in their current location since 1988 and have a stable business and they
want downtown to be wonderful and improve the value of homes in Tiburon. She said that the
town needs vibrancy and she questioned why Tiburon is not as vibrant as other beautiful
locations in the world. She said that they want more people to come into the office and this
would function like a retail use. She said that they would be working in that office and they plan
to host evening gatherings to bring in clients.
Vesa Becam, property listing agent with Keegan & Coppin Realty, said that she understood the
notion ofkeeping retail on the ground floor on Main Street, but she pointed out that the property
is not on Main Street and has an address on Tiburon Boulevard. She said that this location has
always been a problem because it is long and pie shaped. She said that this space has no room for
a trash enclosure, needs a second ADA restroom, and lacks an adequate sewer drain, all of which
combine to make it nearly impossible to put in a restaurant. She said that a winery tasting room
or cafe would not be economically feasible in that location. She said that these businesses are
seasonal and people cannot be forced to shop during the off - season.
Cindy Shelton, agent with Decker Bullock, said that she works with Olivia Decker. She said that
she has heard the concerns about the dead space in downtown and believed that the real estate
office would liven up that corner of downtown Tiburon. She noted that most of their offices do
not look like office space but are very beautifully decorated with antiques. She said that she has
watched people come by and stare in the windows of the real estate office to view their display
of flyers, and she felt that there would be a lot oftraffic if Decker Bullock was situated in the
proposed location. She said that they could be a part of the growth and vibrancy and would help
get more people downtown to the area. She said that they would give the space class and appeal,
and their office front really engages people.
TIBURON PLANNING COMMISSION MINUTES- AUGUST 14, 2013 MINUTES NO. 1035 PAGE 5
Bill Bullock thanked everyone for their comments. He asked the Commission to consider that
this is currently a vacant space and there is no other interest in that space and it is not an easy
space to lease. He said that Decker Bullock has over 20,000 square feet ofspace in Marin
County and they have not ever missed a rent payment in 22 years. He said that ifthey lease this
space, despite the perception, the use would not diminish the vibrancy of downtown and the
space would not be filled for a very long time.
Sylvie Zolezzi, agent with Decker Bullock, said that a real estate office is not a dead zone. She
said that they provide water and cookies for dogs, candy for kids, and people would come in and
interact, and they attracted a lot ofpeople. She said that her office had a lot of community events
and was a very vibrant space.
Chair Weller closed the public hearing.
Commissioner Corcoran asked why the clothing dry cleaners were previously in that space
without Commission review. Director Anderson said that a determination was made at that time
that the use was similar enough to the prior clothing store. He noted that the wine bar and office
uses were substantially different in nature.
Commissioner Corcoran thanked Decker Bullock for their contributions to the community and
said that this was not a referendum on Decker Bullock. He said that the Planning Commission's
decision - making authority binds them to the provisions of the General Plan, and their
determination must be whether the use is in compliance with the intentions of the General Plan.
He said that the General Plan demonstrates that it is not the intention to have an office space in
this particular location. He acknowledged that this is an unusual spot, but he said that the intent
of the Council was that this location be considered part of Main Street. He stated that the
fountain did not exist in 2005, but if it did this space would have been included in the area that
should not allow commercial office use. He agreed with Mr. Gram that the old bank building has
created dead space and that Peet's Coffee was a good example of the impact a business can have
on the vibrancy of an area. He said that the Planning Commission cannot comment on whether or
not it is a good economic decision.
Commissioner Kulik thanked Decker Bullock and noted that a lot of good points were made. He
said that a tremendous amount of capital was spent by a donor to improve the Fountain Plaza
area in 2008 and it is an essential gathering area in downtown Tiburon. He agreed with
Commissioner Corcoran that it would have been included as part of Main Street if the fountain
existed in 2005. He felt that having an office space that is closed 18 hours a day when they are
trying to increase the vibrancy of downtown did not resonate with him. He said that Town
policies and regulations were trying to discourage ground floor office use and encourage vitality.
Chair Weller agreed with the other Commissioners. He said that Decker Bullock has brought
great value to the community and he noted that this was not about the company but rather about
the appropriateness of office use in that location. He agreed that this particular location should be
included in the Main Street area because it is incorporated in the central public space of the
downtown. He said that when the Town Council adopted the zoning ordinance it was reasonable
to state that ifit can be proven that no other possible use ofthe space is feasible, then an office
use could be considered. He did not think that contention had been proven and he said that he
would need to see studies or additional evidence to be convinced. He said that the landlord was
TIBURON PLANNING COMMISSION MINUTES - AUGUST 14, 2013 MINUTES NO. 1035 PAGE 6
perhaps going to have to spend the money to upgrade the space ifhe wants to gain a retail tenant,
which is what is encouraged by the Town's General Plan.
ACTION: It was M/S (Corcoran/Kulik) to direct staff to return at the next meeting with a
resolution denying the conditional use permit application for 1704 Tiburon Boulevard. Motion
carried: 3 -0.
MINUTES:
2. PLANNING COMMISSION MINUTES — Regular Meeting of July 24, 2013
ACTION: It was M/S (Corcoran/Weller) to approve the minutes of the July 24, 2013 meeting as
submitted. Motion carried: 3 -0.
mz1Dw W
The Planning Commission adjourned the meeting at 8:45 p.m.
JON WELNER, VICE- CHAIRMAN
TIBURON PLANNING COMMISSION
ATTEST:
SCOTT ANDERSON, SECRETARY (ACTING)
TIBURON PLANNING COMMISSION MINUTES - AUGUST 14, 2013 MINUTES NO. 1035 PAGE 7
PLANNING COMMISSION MINUTES
MINUTES NO. 1036
August 28, 2013
Regular Meeting
Town ofTiburon Council Chambers
1505 Tiburon Boulevard, Tiburon, California
CALL TO ORDER AND ROLL CALL:
Chair Weller called the meeting to order at 7:30 p.m.
Present: Vice Chair Welner, Commissioners Corcoran, Kulik and Tollini
Absent: Chair Weller
Staff Present: Planning Manager Watrous, Director of Community Development Anderson,
Assistant Planner O'Malley and Minutes Clerk Rusting
ORAL COMMUNICATIONS: None
COMMISSION AND STAFF BRIEFING:
Planning Manager Watrous noted that there were no items scheduled for the September 11, 2013
meeting, as the one scheduled item was to be continued.
MINUTES:
PLANNING COMMISSION MINUTES — Regular Meeting of August 14, 2013
ACTION: It was M/S (Corcoran/Tollini) to approve the minutes of the August 14, 2013 meeting
as written. Motion carried: 3 -0 -1 ( Welner abstained).
OLD BUSINESS:
2. 1704 TIBURON BOULEVARD: CONSIDER ADOPTION OF A RESOLUTION
DENYING A CONDITIONAL USE PERMIT APPLICATION TO ESTABLISH A
REAL ESTATE OFFICE IN THE VC (VILLAGE COMMERCIAL ZONE); FILE
11304; K2 Properties, LLC, Owner; Decker Bullock Realty, Inc., Applicant;
Assessor's Parcel Number 059- 102 -17
Director Anderson reported that the item for 1704 Tiburon Boulevard was heard at the prior
Planning Commission meeting. Following a public hearing and discussion at the meeting, the
Planning Commission directed staffto prepare a draft resolution denying this conditional use
permit application, with the resolution to be considered for adoption at the next regular meeting.
He noted that within the last hour two late mail pieces were received: one from the applicant and
TIBURON PLANNING COMMISSION MINUTES AUGUST 28, 2013 MINUTES NO. 1036 PAGE 1
EXHIBIT NO.
one from the owner of the property. While not required by the Town's late mail policy, he
suggested the Commission take a few moments to read and consider the late mail.
Heidi Pay, applicant, read into the record the letter that was submitted as late mail from herself,
Olivia Decker and Bill Bullock [letter attached to these minutes].
There were no public comments.
Commissioner Corcoran noted the last paragraph of Section 1 of the draft resolution should be
labeled "P" instead of "D ".
Vice Chair Welner stated that he was not in attendance at the initial meeting and would abstain
from voting tonight. He said that he was surprised that the Commission went in the direction it
did with regard to a viable business moving in and conducting productive work in downtown.
Commissioner Corcoran responded that generally in recent years the movement has been away
from commercial office space on the ground floor to encourage a vibrant pedestrian community.
He pointed out the other properties on Main Street that have become office space had created
dead space" and impacted foot traffic in the area. He said that the General Plan and zoning code
reflect a preference toward non -office spaces on the ground floor level.
Commissioner Tollini stated that she had familiarized herselfwith the project and record and was
prepared to vote on the resolution.
ACTION: It was M/S (Corcoran/Tolhni) to adopt the draft resolution denying the application for
1704 Tiburon Boulevard, with the correction noted by Commissioner Corcoran. Motion carried:
3 -0 -1 ( Welner abstained).
PUBLIC HEARINGS:
3. 20 UPPER CECILIA WAY: REQUEST TO AMEND THE TIBURON
HIGHLANDS PRECISE PLAN (PD #15) TO EXTEND THE BUILDING
ENVELOPE FOR LOT 28; FILE #31302; Michael and Audrey Levernier, Owners;
Heckmann Architects, Applicant; Assessor's Parcel No. 034 - 360 -24
Assistant Planner O'Malley said that the applicant proposed to amend the Tiburon Highlands
Precise Plan for the property located at 20 Upper Cecilia Way. The project would expand the
existing building envelope on the east side ofproperty for purposes of constructing additions to
an upper deck and new exterior stairways with guardrails to connect to a new at -grade lower
deck. The property is currently developed with a single - family dwelling and is bordered by
single - family dwellings to the north, west, and south and open space to the east.
The building envelope would be expanded by 207 square feet on the eastern side of the property,
with a depth of twenty — three feet (23') and a length of nine feet (T). The proposed addition to
the upper deck would continue to provide access from the existing family room.
TIBURON PLANNING COMMISSION MINUTES AUGUST 28, 2013 MINUTES NO. 1036 PAGE 2
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Members of the Planning Commission
Community Development Department
Planning Commission Meeting
August 28, 2013
Agenda Item:
Subject: 1704 Tiburon Boulevard: Consider Adoption of a Resolution Denying a
Conditional Use Permit Application to Establish a Real Estate Office in the VC
Village Commercial) Zone; K2 Properties, LLC, Owner; Decker Bullock
Realty, Inc., Applicant; Assessor's Parcel Number: 059 - 102 -17; File #11304
Reviewed By:
BACKGROUND
Following a public hearing and discussion at its August 14, 2013 regular meeting, the Planning
Commission directed staff to prepare a draft resolution denying this conditional use permit
application, with said resolution to be considered for adoption at the next regular meeting.
The draft resolution is attached as Exhibit 1. Draft minutes of the August 14, 2013 meeting are
also included in this Planning Commission packet, and will be taken up prior to action on this
Resolution.
00 &TWIS31)wl
Planning Commissioners who were not present at the August 14, 2013 meeting may abstain from
voting on the Resolution or may choose to vote on it after having read the record (staff report,
minutes, etc.) and familiarized themselves with the application and the proceedings of the
meeting at which it was discussed. A simple majority vote of those Commission members voting
is necessary to adopt the Resolution. Abstentions are not votes.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the draft Resolution.
Exhibits: 1. Draft Resolution
Prepared By: Scott Anderson, Director of Community Development
TOWN OF TI uRON PAGE 1 OF 1
r-
RESOLUTION NO. 2013- DRAFT'
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
DENYING A CONDITIONAL USE PERMIT APPLICATION TO ESTABLISH AN
OFFICE USE AT 1704 TIBURON BOULEVARD
ASSESSOR PARCEL NO. 059- 102 -17
WHEREAS, the Planning Commission of the Town ofTiburon does resolve as follows:
Section 1. Findings.
A. The Town has received and considered an application (File #11304) filed by Decker
Bullock Realty, Inc. for a conditional use permit to establish a commercial office use on
the ground floor at 1704 Tiburon Boulevard in the Village Commercial zone. The
application consists of the application form and supplemental materials received August
1, 2013.
B. The Planning Commission held a duly- noticed public hearing on August 14, 2013, and
heard and considered all testimony and evidence from interested persons.
C. The Planning Commission is aware of the extensive public improvements made to the
Fountain Plaza area within the last several years, comprising approximately a half- million
dollars in investment in Fountain Plaza, including the installation of the Coming About
fountain, benches, landscaping, and surface improvements; and that said improvements
along with the Plaza's critical location at the intersection of Main Street and Tiburon
Boulevard, have helped to make Fountain Plaza a center of public activity in the
downtown area.
D. The Planning Commission is aware of the Town's extensive efforts in recent years to
revitalize and add vibrancy to the downtown area. In January, 2010, a major and ongoing
downtown revitalization effort began when an ad -hoc Town Council committee was
appointed. In 2011, the Town Council received the Downtown Vibrancy Report, which
contained numerous recommendations aimed at increasing the vitality of downtown
Tiburon. Extensive efforts to improve the vitality of downtown continue to be
undertaken in furtherance ofthe Downtown Vibrancy movement. These include the
creation and continuing work of the Marketing & Communications Task Force,
implementation of the Downtown Circulation & Parking Study recommendations, and
promotional efforts by the Director of Marketing. Based on extensive testimony at the
public hearing by members of the public and by the Marketing and Communications Task
Force, the Planning Commission finds that approval of a ground floor commercial office
use in this location would be antithetical to the downtown vibrancy efforts and the
substantial prior and planned expenditures of public monies toward the revitalization
effort. Based on the applicant's own testimony, the real estate office use would likely
remain in the proposed location for many years as a stable tenant, thereby ensuring a
long - standing non - interactive ground floor commercial office use along the majority of
Fountain Plaza's building frontage.
TIBURON PLANNING COMMISSION RESOLUTION NO, 2013dmft AUGUST 28, 2013
E- YINIBIT NO. I
E. The Planning Commission finds, based upon application materials and analysis presented
in the August 14, 2013 Staff Report, as well as on testimony received at the August 14,
2013 public hearing, and also based on visits to the site and other evidence in the record,
that the project is inconsistent with the goals and policies ofthe Tiburon General Plan
regarding the downtown area. Specifically, the Planning Commission finds that the
application is inconsistent with the following goals and policies of the Tiburon General
Plan:
1. General Plan Goal DT -C "encourages greater pedestrian activity and enjoyment of
life in Downtown while respecting surrounding residential uses ". The Planning
Commission concludes that the proposed office use would not contribute to
increased pedestrian activity but would create a relative "dead zone" of activity
typically associated with ground floor professional and business office uses.
2. General Plan Policy DT -16, in order to encourage pedestrian use and enjoyment of
Main Street, discourages commercial office uses from occupying ground floor
space suitable for retail and restaurants on Main Street and Ark Row. The
Planning Commission, in interpreting the intent and meaning of Policy DT -16,
finds that the subject building, with addresses of 10 and 14 Main Street and 1704
Tiburon Boulevard, should properly be considered part of Main Street and that
this policy does apply to the property as a whole and therefore to the space in
question. The Planning Commission finds the proposed use is inconsistent with
Policy DT -16 and that the proposed ground floor commercial office use is wholly
inappropriate for the location being sought on the basis of its interpretation of
General Plan policies, the prominence of the property at the comer of Main Street
and Tiburon Boulevard, its proximity to the ferry landing area, and its prime
location of Fountain Plaza.
D. The Planning Commission finds with respect to conformance with Zoning Ordinance
section 16- 52.040(D), that the proposed use would be incompatible with the furtherance
ofthe public interest and welfare, given the extensive revitalization efforts and substantial
public and private expenditures in recent years toward the revitalization of the
Downtown, and the singular importance ofthe Fountain Plaza area as a focal point to
community beautification and ongoing improvement ofthe Downtown's vitality and
attraction.
Section 2. Denial.
NOW, THEREFORE, BE IT RESOLVED that based on the above findings, the Planning
Commission hereby denies the Conditional Use Permit application for 1704 Tiburon Boulevard
File #11304).
PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on
August 28, 2013, by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
TIBURON PLANNING COMMISSION RESOLUTION NO. 2013-draft AUGUST28.2013
ABSENT: COMMISSIONERS: Weller
ABSTAIN: COMMISSIONERS:
JON WELNER VICE - CHAIRMAN
Tiburon Planning Commission
SCOTT ANDERSON, SECRETARY (ACTING)
TIBURON PLANNING COMMISSION RESOLUTION NO. 2013 -draft AUGUST 28, 2013
LATE MAIL # 2,
K2 Properties, LLC
Post Office Box 12705
Oakland California 94604 -2705 - -
I AUG 2 8 2013
28 August 2013
Members of the Planning Commission, the Community Development Department, and all others
to whom this may concern:
Unfortunately, the Town of Tiburon ( "TOT ") is forcing my hand and making me involve
attorneys. I have always had a good relationship with all of you so it's a shame that it has come
to this.
My understanding is that in order to present various issues for an appeal after tonight's decision
to deny Decker Bullock Realty's application, I must present them now. So, I will enumerate the
various points I will address with my attorneys during the appeal and /or litigation process. These
items are in no particular order of importance - they are all important:
In reference to Resolution No. 2013 -DRAFT for File #11304
Section 1. Findings:
C. The Fountain Plaza area is mentioned. Decker Bullock Realty has already said that they
would entertain including a visitor center in the space and allow for Tiburon volunteers to attend
to visitor needs for extended hours. This would create more vibrancy and be a place local
merchants can advertise their businesses. At the outset, Decker Bullock Realty was told that the
use of office space was acceptable but that the Town did not want additional impact from traffic
or increased density for parking. The application for office use included a plan with reduced
impact to abide by Town of Tiburon directives. At the hearing, the Town of Tiburon reversed its
position and cited lack of vibrancy and short business hours.
A busy local real estate office with local clientele, such as Decker Bullock Realty, would bring
locals into the downtown area.
D. First, the Planning Commission should not have its policies dictated by a marketing group.
Second, Mr. Dick Collins (may he rest in peace) and Mr. Jim Fraser met with me and my
commercial brokers several years ago and assured us that they are trying to make things easier
for everyone while working on creating the downtown vibrancy. A few months ago, Ms. Peggy
Curran and Mr. Jim Fraser asked to meet with my commercial brokers to have more discussions
in this regard. My brokers told me that the meeting went very well and that they were promised
that this sort of obstructionism would not occur. Well, it is happening.
E.2. The Town of Tiburon keeps insisting that the space under consideration is on Main Street.
The space is NOT on Main Street. It is on Tiburon Boulevard, it has a Tiburon Boulevard
address, and even the County of Marin recognizes the address as Tiburon Boulevard. THE
PREMISES IS NOT ON MAIN STREET.
The resolution incorrectly addresses item F as item D again.)
F. When the Town of Tiburon amended the General Plan to create the DT zoning, the Plaza
location was already a common area. There were already benches. Events (like Friday Nights
on Main) were already taking place in that location. It cannot be inferred that the zoning was
meant to be any other than what was approved at the time, which allowed for Ground Floor
Office Space on Tiburon Boulevard.
The following issues are pertinent to other challenges which I will bring up:
1. The Town of Tiburon has a history of denying many prospective tenants or creating such a
high bar of entry that the cost of doing business for the tenants is unfeasible (wine tasting room,
juice bar /day spa, bike rentals, delicatessen, etc.) for this particular location.
2. Heidi Pay from Decker Bullock Realty, was informed by Town of Tiburon staff on three
occasions that this space was zoned for office use and that there was no problem. Then,
arbitrarily, you changed your mind and said that there are a number of issues including
conditional use permit requirements as well as extensive ADA improvements needed to allow the
space to be used for an office.
3. Decker Bullock Realty is already operating a block away; they are merely relocating their
office to another Tiburon Blvd address. The addition of a fountain in the area at the outside of
my building, should not serve to restrict my ability to lease to tenants who meet the current
zoning requirements. Furthermore, the plaza area already had a structure but was replaced with a
fountain structure.
4. The Town of Tiburon is arbitrarily interpreting the zoning codes. The zoning code clearly
permits office use along Tiburon Boulevard but my building is being singled out. Decker
Bullock Realty is already a block away but when it comes to my building, all of a sudden, there
is a problem.
5. It has become painfully clear that the Town of Tiburon is discriminating against my building
and against me.
6. I am incurring monetary damages because of your arbitrary interpretations and applications of
the zoning codes. Furthermore, I incurred monetary damages from every prospective tenant you
turned away. Now, I will be incurring more monetary damages since I am forced to involve my
attorneys.
7. The Town of Tiburon is making unreasonable recommendations to produce a food service
tenant since the space is not built for such use. In order to bring a small space like that up to
code for food use is not feasible. There is no place for garbage and extremely limited space for
storage so retail is also problematic in that specific location.
8. The challenges of renting this space will result in an extended time of vacancy which creates
an unsightly dead space.
9. The previous food service tenant was approved, but during the process of preparing for
construction, determined that the Town was obstructing their improvements and rendering the
needed upgrades unfeasible to accomplish. For example, the winery who tried several years ago
was told that they could not place a temporary dumpster outside for removing debris. How is a
contractor supposed to work if he can't remove debris? Once again, your demands are
unreasonable. The Town of Tiburon is giving/making contradictory recommendations and
making sure the space sits empty.
Thank you for time and attention to these matters
Sincerely,
4'
Kia Zaadvakili
K2 Properties, LLC
Scott Anderson
From: Kia (kz@speakeasy.net)
Sent: Wednesday, August 28, 2013 6:51 PM
To: Peggy Curran; Scott Anderson; Dan Watrous; Connie Cashman; Councilmember Jim Fraser
Subject: File #11304 / Resolution No. 2013 -DRAFT / other items
2013_OB_28.pdf 2013_08 -28 sign
63 KB) ature-page.pdf...
Town of Tiburon personnel:
It is with great dismay that I submit the attached letter for inclusion in tonight's
records. Ms. Heidi Pay of Decker Bullock Realty is also hand - delivering a copy of the
letter before the meeting commences.
Kia Zandvakili
K2 Properties, LLC
LATE MAIL # 1,
Members of the Planning Commission and Ad Hoc Committee,
Olivia Decker, Bill Bullock and I would like to express our sincere gratitude for your gracious
consideration of our application to lease the space at 1704 Tiburon Blvd, Tiburon, and for the positive
comments about Decker Bullock made by those who opposed the application.
We have great appreciation for the concern, extensive efforts and thought that the Planning
Commission and Ad Hoc committee have devoted to developing the vibrancy of the downtown and the
beautification that has taken place over time. We are in full agreement that the Plaza space is of special
interest and should be maximized for the benefit of all the downtown merchants.
It was our understanding, from the Landlord and Leasing Agent, Vesa Becam of Keegan and Coppin, that
the space has very specific challenges that make the long term sustainability of a retail or food
establishment questionable, and that appears to be confirmed by the amount of historical turnover. We
do not wish to occupy a space that could provide a greater good to the community, however, if those
options prove to be unfeasible, we hope that we could work with the committee to establish a use that
is consistent with supporting the local businesses and vibrancy of the town for locals and tourists.
We would be grateful to have an opportunity to meet with members of the Ad -Hoc Committee to
discuss creative solutions each member may feel could contribute to making that space superior to the
past and other considered uses. This includes, but is not limited to an offer by our firm to provide a
significant section of the space to allow for a Tiburon Visitor Center that could be staffed by volunteers
and include space for tourist and local merchant information. We also expect that we would take a very
active role in the Friday Night on Main Street and other downtown festivities.
We had been cautioned prior to the application submission, not to increase the use, density or
contribute to parking impaction, which is why we suggested limited hours, but these too could be
modified to meet the needs of the community at large. While most offices do not encourage visitors or
locals to frequent them, real estate offices, particularly one design specifically for walk -in traffic, would
be likely to draw the locals to town.
It is our experience that visitors are very interested in the prices of homes when they travel and consider
a move to a new location. Our listings support the high values of homes in Tiburon and Belvedere. We
feel this could be a win -win for the town by securing a long term tenant with an upscale business that
appeals to both locals and visitors and would reflect well on the prestige and appearance of the
downtown area.
We are prepared and are offering to work cooperatively with all of those individuals who have given so
much of their time, effort and dedication to the downtown environment to explore all alternative
options.
Thank you for your thoughtful consideration.
4 6cb
Heidi Pay, COO
Decker Bullock Sotheby's International Realty
1620Tiburon Blvd, Tiburon, CA
AUG 282[113
PLAN 11NG !- 1VI31ON
RELEVANT GENERAL PLAN GOALS AND POLICIES
AND ZONING REGULATIONS
Land Use Element
Goal LU -A: To provide an orderly balance of public and private land uses within
convenient and compatible locations throughout the community.
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 -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.
Downtown Element
Goal DT -B: To enhance Downtowns role as the commercial and service center of
Tiburon while promoting new resident-serving and visitor- serving uses and facilities.
Goal DT -C: To encourage greater pedestrian activity and enjoyment of life in Downtown
while respecting surrounding residential uses.
Policy DT -1: The Town shall promote a clean, well- maintained Downtown area that
serves the commercial, service, and passive recreation needs of the community and is an
aesthetically pleasing, friendly, and desirable destination.
Policy DT -3: The Town shall actively promote the economic vitality of its Downtown.
Downtown Committee [insert into DT -3 discussion]
Policy DT -15: The Village Commercial land use designation (Main Street /Ark Row) may be
comprised of tourist- oriented and resident-oriented uses, as well as residential uses. The
maximum allowable intensity for lands designated Village Commercial is an FAR of 0.28,
except in accordance with Policy DT -6 or where a Transfer of Intensity is approved
consistent with Policy DT -9.
Policy DT -16:In order to encourage pedestrian use and enjoyment of Main Street, the Town
shall discourage commercial office uses from occupying ground floor space suitable for
retail and restaurants on Main Street and Ark Row.
EXHIBirl" .0. r.
Tow; oFTlalatoN MmciPALCouE —TinaIV, CHAPTER 16, ZONING ORDINANCE
16- 52.040 - Conditional Use Permit
A. GeneraL The Planning Commission may grant a Conditional Use Permit to authorize a
specific use and/or structure devoted to such use on a specific lot within a zone where such
use and/or structure is allowed as a conditional use. The procedures and requiremeats set
forth herein, together with any other provisions in this Zoning Ordinance concerning the
specific conditional use, shall govem the granting or denial of a Conditional Use Permit.
B. Purposes. The uses listed as conditional uses are declared to be uses possessing
characteristics of such unique and special qualities as to require special review to
determine whether or not any such use should be permitted in a specific location that may
be proposed Thepurposes ofthe review are to:
1. Determine whether the location proposed for the conditional use is properly related
to the development ofthe neighborhood or vicinity as a whole;
2 Determine whether the location proposed for the particular conditional use would
be reasonably compatible with the types of uses normally permitted in the
surrounding area;
3. Evaluate whether or not adequate facilities and services required for such use exist
or can be provided;
4. Stipulate 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. Determine whether the Town is adequately served by similar uses presently
existing or recently approved by the Town.
C. Applicability. Uses listed as allowed by a Conditional Use Permit, and the similar or
accessory uses which, in the opinion ofthe Director conform to the purposes ofsuch zone,
are not permitted in such zone unless a Conditional Use Permithas been granted.
D. Special considerations. Factors to be considered in determining whether or not any
conditional use should be permitted in a specific location are:
1. The relationship of the location proposed to:
a. The service or market area ofthe use or facility proposed,
b. Transportation, utilities, and other facilities required to serve it, and
Other uses of land in the vicinity;
2. The compatibility ofthe design, location, size, and operating characteristics with
the existing and future land uses in the vicinity.
3. The probability of impairment to the architectural integrity and character ofthe
zoning district in which it is to be located.
4. The protection ofthepublic interest, health, safety, convenience, or welfare 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.
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.
Article V - 2oning Pertnft Procedures Effective 9 -14 -2012
V -21
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
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 ofthe decision
being appealed. Shorter time frames for filing an appeal apply to certain types ofpermits.
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 0311712010
I IZ-H -I I}IT NO.. 14
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 (ifany) will be
refunded following completion ofthe 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) Ifthe 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 ofAppeal
form filed with the Town Clerk. Neither Town staffnor 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 ofthe 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 ofthe
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 0311712010
Town Council questions shall not be included as part of the twenty (20) minute
time limit.
d) Any interested member ofthe 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, ifdesired, 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 further 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.
RECONSIDERATION
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 farther notice and hearing.
Tiburon Town Council Resolution No. 17 -2010 0311712010
SCBEDULLVG OFAPPEALS
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 ofthe 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.
Attendance ofparties 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.
STORYPOLES
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:
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 Staffprior to installation ofthe poles and connections.
2. Critical story poles, as determined 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 0311712010
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 ofthe Town
of Tiburon on March 17, 2010, by the following vote:
AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks & O'Donnell
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Slavitz
RICHARD COLLINS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Tiburon Town Council Resolution No. 17 -2010 0311712010
L A W O F F I C E S OF
950 NORTHGATE DRIVE, SUITE 200 NEIL SORENSEN
SAN RAFAEL. CALIFORNIA 94903
WEB www.sorensenlow.COR1
January 7, 2014
Mayor Alice Fredericks and Members
of the Tiburon Town Council
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, California 94920
JAN 0 7 2014
PLANNI
FACSIMILE 4.15 491-9515
EMAIL neil@sorensenlow.com
LATE MAIL # ?/ / -e
Re: 1704 Tiburon Boulevard — Appeal of Use Permit Denial
Dear Mayor Fredericks and Members of the Town Council:
This office represents K2 Properties LLC and Decker Bullock Realty in their appeal of
the Planning Commission's decision to deny a Use Permit to establish a real estate office at 1704
Tiburon Boulevard. For the reasons stated in this letter, the Town Council should overturn the
Planning Commission's decision, and grant a Use Permit to allow Decker Bullock Realty to open
a real estate office at 1704 Tiburon Boulevard. Decker Bullock Realty would be an upscale
retail service business that provides services to both locals and visitors while promoting the
economic vitality of the Town.
I. The Property is Not Located on Main Street or Ark Row and is Not Subject to the
General Plan Policies and Zoning Regulations that Discourage Office Uses.
In denying the Conditional Use Permit, the Planning Commission found that the
proposed real estate office was inconsistent with General Plan Policy DT -16, which discourages
commercial uses from occupying ground floor space on Main Street and Ark Row. Specifically, General Plan Policy DT -16 states:
In order to encourage pedestrian use and enjoyment of Main Street, the Town
shall discourage commercial office uses from occupying ground floor space
suitable for retail and restaurants on Main Street and Ark Row." (Emphasis
added.)
This finding is factually and legally incorrect. The subject property is not located on Main Street
or Ark Row; but, is in fact located on Tiburon Boulevard, and the Town has recognized this fact
for more than a decade.
First, the address of the property is 1704 Tiburon Boulevard — not Main Street. A view
of any map will confirm this. In fact, the property has 106 feet of frontage on Tiburon Boulevard
and only 51 feet of frontage on Main Street; the frontage on Tiburon Boulevard is more than
January 7, 2014
Page 2
twice the frontage on Main Street. Additionally, various government agencies list the address for
the property as "Tiburon Boulevard." Attached hereto as Exhibit "A" are copies of the tax bills
for the property for the years 2004 through the present. On each of the tax bills it clearly states
that the address of the property is "1704 Tiburon Boulevard, Tiburon."
Second, in processing various land use applications over the past thirteen years, the Town
has recognized that the property has a Tiburon Boulevard address. Attached hereto as Exhibit
B" are copies of public notices, Town sign permit approvals and staff reports, all relating to
permits sought and issued for 1704 Tiburon Boulevard. Each of these Town- generated
documents recognizes that the property has a Tiburon Boulevard, and not a Main Street address.
Indeed as part ofthe current application, all of the paperwork, including notices, letters, staff
reports and other documentation specifically identifies the property as "1704 Tiburon
Boulevard," which is an address not located on Main Street or Ark Row. Accordingly, General
Plan Policy DT -16 is inapplicable.
Finally, planning staffrecognizes that the subject property is not subject to the zoning
ordinance prohibition on ground floor office use (Section 16- 22.030). They recently prepared
and recommended zoning ordinance text amendments that would expand the addresses that are
subject to the prohibition on ground floor office uses. As noted in the staff report to the Planning
Commission (Exhibit "C "):
As a result ofthe Planning Commission's recent denial of a conditional use
permit application for a ground floor office use on property located at 1704
Tiburon Boulevard, Town staff has looked into whether the areas in which such
office uses are generally not permitted should be expanded....
Staff recommends that Section 16- 22.030A1(e) be amended to read'street-
fronting ground floor uses shall not be permitted on street addresses 1690 through
1704 Tiburon Boulevard.... "' (Emphasis added.)
Thus, planning staff agrees that 1704 Tiburon Boulevard is not currently subject to the
prohibition on ground floor office uses and now wants to amend the code to include such a
prohibition. The proposed amendment may accomplish this provision; however, it has not been
adopted by the Town Council (and may never be adopted).
H. The Proposed Use is Consistent with the General Plan and Would Create a Lively
Interface Between Visitors and Locals; it Would Not Create a Dead Zone.
In denying the Use Permit, the Planning Commission incorrectly found that the proposal
would violate General Plan Goal DT -C. Again, there is no evidence, let alone substantial
evidence, in the record to support such a finding. While the staffreport contained a vague
reference to a possible detriment from ground floor office uses, there was no concrete evidence
that a real estate office in this location would be in any way detrimental.
In fact, the most recent urban planning studies (completed since the Town adopted its
General Plan) come to the opposite conclusion — that office use downtown is a critical
January 7, 2014
Page 3
component in the sustainability of downtowns and attracts, rather than inhibits, pedestrian
activity and economic development. Attached hereto as Exhibit "D" are examples of recentstudiesthatconcludefocusingonretailtotheexclusionofofficeusesdowntownisanill- advised
strategy. For example, the City of San Jose recently changed its policy and now allows non- retail uses such as banks and offices to occupy ground floor spaces in the downtown. The City
concluded that ground floor space occupied during part of the day is better than ground floor
space vacant all day and that office spaces generate a lot of "foot traffic throughout the day." In
the Top Ten Myths ofDowntown Planning, Philip Walker, AICP, concludes (Myth No. 3) that a
strategy that focuses on retail to the exclusion of office uses is ill advised. Additionally, many
cities in Marin allow real estate offices in their downtown because they offer more of a "retail
service" character than traditional offices. See pages 29 -30 of Exhibit "F."
Planning Commission Vice Chair Weiner recognized the benefits from the proposed realestateoffice (and avoiding vacant space downtown) when he opined at the August 28, 2013
meeting:
Vice Chair Welner stated... he was surprised that the Commission went in the
direction it did with regard to a viable business moving in and conducting
productive work in downtown."
The proposed real estate office would be consistent with the goals and policies ofthe
General Plan that encourage resident serving uses and seek to provide commercial services for
both visitors and residents. Specifically, the proposed use would be consistent with General Plan
Policies DT -1, DT -2 and DT -3, which provide:
DT -1: The Town shall promote a clean, well - maintained Downtown area that
serves the commercial, service, and passive recreation needs of the community
and is an aesthetically pleasing, friendly, and desirable destination.
DT -2: Resident - serving land uses shall be encouraged throughout Downtown.
DT -3: The Town shall actively promote the economic vitality of its Downtown."
Emphases added.)
A real estate office would be a valuable commercial service to both residents and visitors
and clearly promote the economic vitality of the Town. Everyone looks in the windows or visitsrealestateofficeswhentheytravel. Decker Bullock agents, who would be on -site to answer
tourist questions about the area as well as serve the needs of locals, could provide local merchant
information and assist in downtown festivities (Friday Night on Main Street). While most
offices do not encourage visitors or locals to frequent them, real estate offices are designed for
walk -in traffic and specifically cater to residents and visitors alike. In that sense, a real estate
business is more of a "retail service" business than a traditional office.
Consistency with every goal and policy of the General Plan is not required; nor is it
possible in most cases. "No project could completely satisfy every policy... and state law does.
January 7, 2014
Page 4
not impose such a requirement." Sequovah Hills v. City of Oakland (1994) 23 Cal.App.4' 704,
719.
III. The Property is Not Physically or Economically Suitable for Retail and Restaurant
Uses.
Even if 1704 Tiburon Boulevard were subject to the Town's prohibition on office uses,
the exception provisions contained in Section 16- 22.040 B2 apply here. This section provides:
Exception for street - fronting ground floor office use in the VC zone. An
exception may be granted to allow street - fronting ground floor office use
otherwise prohibited by section 16- 22.030 (commercial zones allowable land uses
and permit requirements), provided that a conditional use permit is secured and
one or more ofthe following findings is made by the review authority:
a. The space proposed for the office use is not physically suitable for retail,
restaurant, or personal service use.
b. The applicant has provided substantial and compelling evidence that retail,
restaurant, or personal service use is not economically viable in the
proposed location."
A. A Restaurant Use is Not Financially Feasible.
In order to determine if the space at 1704 Tiburon Boulevard is physically suitable or
economically viable for restaurant use, the property owner retained Siobhan Semple Stoddard, an
MAI appraiser, to perform a Market Rent Analysis. Her report, attached as Exhibit "F"
concludes that "restaurant use of 1704 Tiburon Boulevard is not financially feasible" (see page
2). As noted in Exhibit "E," the cost to build out only the "shell" for a restaurant or cafe at this
location would be $439,000. This does not include soft costs, permitting, or sewer /water fees.
With these included, the cost would exceed half a million dollars.
As noted by Ms. Stoddard in her report, the market rents in Tiburon would have to double
for a restaurant to be financially feasible (page 40):
For the landlord spending $439,000 today on a 5 year lease, the straight return on
this investment over 60 months is $7,316 per month. Over the 5 year time period,
based on a safe rate of 4 %, this initial investment would require payments of
8,085 per month to amortize the debt. From our review of rents in Tiburon,
market rent has been estimated at $3.25/sf /month or monthly rent of $4,209. A
conversion to restaurant use is not financially feasible." (Emphasis added.)
B. The Property is Not Physically Suitable for Retail or Personal Service Use.
The Market Rent Analysis for the property (Exhibit "F ") also concludes that the property
is not physically suitable for retail or personal service use "due to the lack of street parking near
the building" (page 2). This conclusion is based on thirteen years of rental history for the
r
January 7, 2014
Page 5
property, which shows that retail or service uses were not able to make it economically at the site
e.g. Maria French Cleaners):
Consideration was made whether service retail or personal services uses might
be suitable for the subject space.... These types of service retail uses have
turnover of customers, and are best served by readily available parking. There is
no on- street parking in front of the subject. There is a paid parking lot to the rear
of the subject, but customers don't want to pay for a space for a short service visit.
The Maria French Cleaners was a service retail use in the subject, and they paid
rent sporadically. They are now located to the west at 1630 Tiburon Boulevard,
with parking directly in front of the building, which is better suited to their
business needs. Service retail or personal service uses are not suited to the subject
space." (Page 42)
The conclusions ofthe Market Rent Analysis are further bolstered by empirical data.
First, the vacancy rate experienced by 1704 Tiburon Boulevard over the last thirteen years is
34.1 %. For comparison, the average vacancy rate in Mann County is 4.9% and the vacancy rate
for 10 Main Street (next door) over the previous thirteen years is 2.1 %. Thus, the 1704 Tiburon
Boulevard property experienced a vacancy rate seven times the average.
Second, past attempts to establish retail or restaurant type uses at the property have failed
due to the physical constraints of the site. For example, in 2010 a Use Permit was approved for a
wine tasting and sales business. However, the business was never established due to lack of
physical facilities at the property, including parking, garbage facilities, and utilities.
IV. All Findings for Grant of a Use Permit Have Been Established and the Town Should
Approve the Use Permit.
As noted in the original staff report for this project (pages 3 and 4), all of the required
findings for grant of a Use Permit under Section 16- 52.040 can be made. The proposed use
would be adequately served by street network, utilities and other support facilities. The use
would be compatible with surrounding uses and would not generate any activities that would
result in health or safety problems. Finally, since the use would be relocated from a building
down the block, there would be no change in the number of realty offices serving area customers.
It is time for the Town to make good on its promise to work with local business owners to
improve and add vibrancy to downtown." See Downtown Committee letter of November 30,
2010, attached as Exhibit "G." If the Town sincerely desires to attract new businesses to
downtown and improve the "tenant mix and vitality," approving the Decker Bullock Realty Use
Permit is a good start.
V. Conclusion.
The proposed Decker Bullock Realty office is consistent with the Town's General Plan
and zoning regulations. The property is not located on Main Street and is not subject to the
January 7, 2014
Page 6
zoning provisions that prohibit ground floor office uses. In any event, the proposed Decker
Bullock Realty office would create a lively interface between visitors and locals and promote the
economic vitality of the downtown.
It is respectfully requested that the Town Council grant the appeal and approve the
Decker Bullock Realty Use Permit for 1704 Tiburon Boulevard.
Very truly yours
i
NE /L SORENSE14
NS /mjs
Enclosures
cc: K2 Properties LLC
Decker Bullock Realty
Ann Danforth, Town Attorney
Scott Anderson, Community Development Director
Ex. 4
PARGEL UF7 EE, °: ,a;.,. Ek 411 k -,.• r sTA?G.. ':SR '
059- 1132 -17 •
W+
12 -67x71 1 11 -008
KEEP THIS PORTION OF BILL FOR YOUR RECORDS
K2 PROPERTIES LLC
PO BOX 12705
OAKLAND CA 94604 -2705
PLEASE MAKE CHECKS PAYABLE T0: MARIN COUNTY TAX COLLECTOR
1704 TIBURON BLVD
TIBURON
MS.MOSQUITO #1 (800)273 -5167
SANI #5 - TIBURON (415)435 -1501
REED SCH ASSMT (415)383 -1116
TAM UNION H SCH DIST (415)945 -3709
MR:ST HILRY -OP SP 93 (866)807 -6864
MR: TIB - LIBRARY 95 -1 (800)676 -7516
MMWD - FIREFLOW (415)945 -1404
MR:ST HILARY CFD97 -1 (866)807 -6864
VALUATIONS (415)473 -7215
FOR INFORMATION AND POSSIBLE
EXEMPTIONS, PLEASE CONTACT THE
AGENCIES LISTED.ABOVE.
VISIT OUR WEB SITE AT: marincounty.Org /taxes
VISITTHE COUNTY'S WEB SITEAT. manncounty.org
ass
PM
22,758.26
TOTAL 1,899,181 1 1,899,181 22,758.26
BASIC TAX 0 1.0000 181991.80
SCHOOL BONDS 1 1046 11986.44
MS MOSQUITO #1 3 105110 11.02
SANI #5 - TIBURON 3 105421 827.00
REED SCH ASSMT 3 107351 359.06
TAM UNION H SCH DIST 3 107761 245.94
MR: TIB- LIBRARY 95 -1 3 109177 66.00
MMWD- FIREFLOW 3 109192 75.00
MR:ST HILRY -OP SP 93 3 109142 98.00
MR:ST HILARY CFD97 -1 3 109194 98.00
Examine this bill carefully. Make sure it is your bill.The Tax Collector cannot be
responsible for erroneous payments.
See reverse side for senior, disabled, property tax exemptions and other Important
tax information.
TOTAL 1.1046 221758.26
1ST INSTALLMENT
11,379.13
10 %PENALTYAFIER
Exhibit "A"
2ND INSTALLMENT TOTALTAX
111379.13 22,758.26
10% PENALTY+ $10.00 COST PENALTIES APPLY
MARIN COUNTY SECURED TAX S1
USE THIS PARCELNOON ALL CHECKSAND CORRESPONDENCE
a
K2 PROPERTIES LLC
PO BOX 12705
OAKLAND CA 94604 -2705
COUNTY TAY Cni I WITnR
ACCRCORR9
1704 TIBURON BLVD
TIBURON
MS MOSQUITO #1
TIBURON- SANITARY
REED SCH ASSMT
TAM UNION H SCH DIST
MR:ST HILRY -OP SP 93
MR: TIB- LIBRARY 95 -1
800)273 -5167
415)435 -1501
415)383 -1116
415)945 -3709
866)807 -6864
800)676 -7516
MMWD - FIREFLOW (415)945 -1404
MR:ST HILA RYY CC F DEE97((-1 ((8}}66)807- 6 8 6,,4
TOLSENHETtE MI TA'D PARS O 5
L i R ini O';il cel tW'Nt `'f' K° INFOyour bill.
he ax a1IeI or ..anrr;t je responsible for
elroneous payr-O:rlts. See. reverse SICIe fOr
disabled. property exei nilaiis and otnE)! imr,q(t;;nt
iax i!tforrn fion.
July 1, 2011 t0 June 30, 2012 MARIN COUNTY TAX COLLECTOR
DUES ON PAYMENTS CALL (415) 699 6133. ON VALUATIONS CALL (415) 499-7215
W
PAYMENT BY CREDIT CARD OR ELECTRONIC CHECK
IS BY PHONE OR INTERNET ONLY
CALL 1- 800. 985.7277 FOR OPTIONS AND FEES OR
VISIT: wwwxojnar1nca.us/paytax
VISIT OUR WEB SITE AT: www.co.marin.ca.us/taxes/
VISIT THE COUNTY'S WEB SITE AT: www.cD.marin.ca.us
22,409
Imps 804,6
RATES AND DISTRIBURONS'OF AMOUNTS BY TAXING AGENCIES
TAXING AGENCY LEVYI RATEIFUND AMOUNT
BASIC TAX 0 1.0000 18,619.52
SCHOOL BONDS 1 1147 21135.58
MS MOSQUITO #1 3 105110 1f] .72
TIBURON- SANITARY 3 105421 719.00
REED SCH ASSMT 3 107351 348.60
TAM UNION H SCH DIST 3 107761 238.78
MR: TIB- LIBRARY 95 -1 3 109177 66.00
MMWD- FIREFLOW 3 109192 75.00
MR:ST HILRY -OP SP 93 3 109142 98.00
MR:ST HILARY CFD97 -1 3 109194 98.00
TOTAL 1.1147 22,409.20
1STINSTALLMENT 2nd INSTALLMENT TOTALTAX
11,204.60 111204.60 22,409.20
10% PENALTYAFTER 10% PENALTY + 10.00 COST PENALTIESAPPLY
DECEMBER IOM AFTER APRIL IOM WHEN SHOWN BELOW
MARIN COUNTY SECURED TAX STATEMF'
USETHIS PARCEL NO. ON ALL CHECKSAND CORRESPONDENCE
PAHCEL'NUMBER
K2 PROPERTIES LLC
PO BOX 12705
OAKLAND CA 94604 -2705
SRUSADDRESS
1704 TIBURON BLVD
TIBURON
July 1, 2010 to June 30, 2011 MICHAEL J. SMITH,TAX COLLECTOR
DUE.. ON PAYMENTS CALL ( 415) 46&6133. ON VALUATIONS CALL (415) 43&7216
MS MOSQUITO #1 (800)273 -5167
TIBURON- SANITARY (415)435 -1501
REED SCH ASSMT (415)383 -1116
TAM UNION H SCH DIST (415)945 -3709
MR:ST HILRY -OP SP 93 (866)807 -6864
MR: TIB - LIBRARY 95 -1 (800)676 -7516
MMWD- FIREFLOW (415)945 -1404
MR:ST HILARY CFD97 -1 (866)807 -6864
VALUATIONS - (415)499 -72,15
TO SEE WHERE YOUR TAX DOLLARS 60
LOOK AT EO•MARINI- -CA •USL,TAXINFO,
abled. property exerrlptiorts~ and Ofha;
infonnatian.
PAYMENT BY CREDIT CARD OR ELECTRONIC CHECK
IS BY PHONE OR INTERNET ONLY
CALL 1. 800 - 985 -7277 FOR OPTIONS AND FEES OR
VISIT: www.co.marin.ca.us /paytax
VISIT OUR WEB SITE AT: www.co.marin.ca.us/taxes/
VISIT THE COUNTY'S WEB SITE AT: www.co.marin.ca.us
FULUASSESSEDVALUE 'I EXEMPTION DETAIL'
RATES AND DISTRIBUTIONS OF AMOUNTS BY TAXING AGENCIES
TAXING AGENCY LEVYI RATEIFUND AMOUNT
BASIC TAX 0 1.0000 18,480.42
SCHOOL BONDS 1 1202 2,221.26
MS MOSQUITO #1 3 105110 10.72
TIBURON- SANITARY 3 105421 600.00
REED SCH ASSMT 3 107351 338.44
TAM UNION H SCH DIST 3 107761 231.82
MR: TIB- LIBRARY 95 -1 3 109177 66.00
MMWD - FIREFLOW 3 109192 75.00
MR:ST HILRY -OP SP 93 3 109142 98.00
MR:ST HILARY CFD97 -1 3 109194 98.00
1ST INSTALLMENT 2nd INSTALLMENT TOTALTAX
11,109.83 11,109.83 22,219.66
10% PENALTY AFTER 10 %PENALTY +10.00 COST PENALTIES APPLY
DECEMBER 10M AFTER APRIL 10th WHEN SHOWN BELOW
MARIN COUNTY SECURED TAX STATEME'
USE THIS PARCEL NO ON ALL CHECKS AND CORRESPONDENCE
1304;
PAF{CELNUMBER @ILL NUM@1
059 - 102 -17 09 -670E
K2 PROPERTIES LLC
PO BOX 12705
OAKLAND CA 94604 -2705
SRUSAOONF55
1704 TIBURON BLVD
TIBURON
MS MOSQUITO #1
TIBURON- SANITARY
REED SCH ASSMT
TAM UNION H SCH DIST
MR:ST HILRY -OP SP 93
800)273 -5167
415)435 -1501
415)383 -1116
415)945 -1037
866)807 -6864
July 1, 2009 to June 30, 2010 DUES
MR: TIB- LIBRARY 95 -1 (800)676 -7516
MMWD- FIREFLOW (415)945 -1404
MR:ST HILARY CFD97 -1 (866)807 -6864
VALUA VQhM j ^e t i'9Pi 17)2 5TOSEjIi
tl
YO j TN b LARS . GbLFmtfi^ Iiffk 111 A.,YnrV3 IAA( 146yolur bill.
I ne ax. ollecior cannot ne responsible for
erroneous payments. See reverse side for senior,
disabled, property exemptions and other important
tax information.
PAYMENT BY CREDIT CARD OR ELECTRONIC CHECK
IS BY PHONE OR INTERNET ONLY
CALL 1- 800 - 985 -7277 FOR OPTIONS AND FEES OR
VISIT: wwwcomarinca.us/paytax
VISIT OUR WEB SITE AT: www.co.marin.ca.us/taxes/
VISIT THE COUNTY'S WEB SITE AT: www.co.marin.ca.us
FULUASSESSEDVALUE'
LAND
NPR BBB,
BUS
PERS
MICHAEL J. SMITH,TAX COLLECTOR
ON PAYMEWS CALL (Y15) 49MIN, MVALUATIONS CALL (M5) 45P"15
22,069.28
TOTALI 1 1 852, 4351 1,852,435 1 22,069-28
RATES AND DISTRIBUnONS OF AMOUNTS BYTAXING AGENCIES
TAXING AGENCY LEVY RATEIFUND AMOUNT
BASIC TAX 0 1.0000 181524.34
SCHOOL BONDS 1 1168 2,163.56
MS MOSQUITO #1 3 105110 10.72
TIBURON- SANITARY 3 105421 480.00
REED SCH ASSMT 3 107351 328.58
TAM UNION H SCH DIST 3 107761 225.08"
MR: TIB- LIBRARY 95 -1 3 109177 66.00
MMWD - FIREFLOW 3 109192 75.00
MR:ST HILRY -OP SP 93 3 109142 98.00
MR:ST HILARY CFD97 -1 3 109194 98.00
TOTAL 1.1168 223069.28
1STINSTALLMENT 2nd INSTALLMENT TOTAL TAX
11,034.64 111034.64 22,069.28
10% PENALTY AFTER
DECEMBER 10111
10% PENALTY+ IO.W COST
AFTER APRIL 10th
PENALTIES APPLY
WHEN SHOWN BELOW
MARIN COUNTY SECURED TAX STATEME"
USETH IS PMCELNO. ON ALL CHECKSMD CORIESPONOEWE
rARDEL NUM9E11` BILLNUMBEN
059- 182 -17 08 -67120
K2 PROPERTIES LLC
PO BOX 12705.
OAKLAND CA 94604 -2705
TAX
1704 TIBURON BLVD
TIBURON
July 1, 2008 to June 30, 2009 MICHAEL J. SMITH, TAX COLLECTOR
OUL 4S. ONPAYMEMSCALL1415) 49P9199 .ONVQUALONSCALL(415)40.7215
SXRATEAREA GROSS TAXAMOUMFULUASSESSEDVALUEEXEMPTIONDETAIL
11 -008 21,4119.62
MS MOSQUITO #1 (800)273 -5167
TIBURON- SANITARY (415)435 -1501
REED SCH ASSMT (415)383 -1116
TAM UNION H SCH DIST (415)945 -3709
MR:ST HILRY -OP SP 93 (866)807 -6864
MR: TIB- LIBRARY 95 -1 (800)676 -7516
MMWD - FIREFLOW (415)945 -1404
MR:ST HppIL A}}RY CCpF((D''97 -1
F((
8J6666))88077 -6864
TOLSENrWHERTYO'UX D'OL'L'AKS
015
L i)KniprT thi !I A NI! d Fi''d5( -Nf your bill. he Fax Collector cannot e responsible for
erroneous payments. See reverse side for senior,
disabled: property exemptions and other important
tax information.
PERS
TOTAL
TACREUv
BASIC TAX 0 1.0080 18,161.16
SCHOOL BONDS 1 1037 1,883.22
MS MOSQUITO #1 3 105110 10.72
TIBURON- SANITARY 3 105421 480.00
REED SCH ASSMT 3 107351 319.00
TAM UNION H SCH DIST 3 107761 218.52
MR: TIB- LIBRARY 95 -1 3 109177 66.00
MMWD- FIREFLOW 3 109192 75.00
MR:ST HILRY -OP SP 93 3 109142 98.00
MR:ST HILARY CFD97 -1 3 109194 98.00
PAYMENT BY CREDIT CARD OR ELECTRONIC CHECK
IS BY PHONE OR INTERNET ONLY T O TA LCALL1. 800 - 985 -7277 FOR OPTIONS AND FEES OR
VISIT: www.co.marin.cams/paytax 1ST INSTALLMENT 2nd INSTALLMENT
9.
VISIT OUR WEB SITE AM www.co.marin.ca.us/taxes/ 10,704-81 10 '7 0 4 . 81 21,409-62
VISIT THE COUNTY'S WEB SITE AT: www.co.marin.ca.us 10% PENALTY AFTER 10 %PENALTY +10.00 COST PENALTIESAPPLY
DECEMBEA101h AFTER APRIL 1Dth I WHEN SHOWN BELOW
MARIN COUNTY SECURED TAX STATEME'
USE THIS PARCEL NOON AU_ CHECK AND CORRESPONDENCE
PARCEL NUMBER B
059- 102 -17 07-
K2 PROPERTIES LLC
PO BOX 12705
OAKLAND CA 94604 -2705
5RL6 ' ain —„ .—.n
nw,,5E
1704 TIBURON
TIBURON
1:1911
July 1, 2007 t0 June, 30 2008 MICHAEL J. SMITH, TAX COLLECTOR
OUEI :ON PAYMENTS CALL (115) 499.6133. ON VALUATIONS CALL (4151111-1111
FULL /ASSESSED VALUE EXEMPTION DETAIL """ ""
11 -008 21,37
MS MOSQUITO #1 (800)273 -5167
TIBURON- SANITARY (415)435 -1501
REED SCH ASSMT (415)383 -1116
TAM UNION H SCH DIST (415)945 -3709
MR:ST HILRY -OP SP 93 (866)807 -6864
MR: TIB-LIBRARY 95 -1 (800)676 -7516
MMWD - FIREFLOW (415)945 -1404
MR:ST HILARY CFD97 -1 (866)807 -6864
VALUATIONS i 4,}5);3 - Y,r7215TOSEEWHEREYOURTA'D LL`ARS GO
LpOk „I'AT "I'COi.MA(RL N.'CA,.CU9YT'AXI)NFO' ill.
ac :ax Collector cannot be responsible for
slront;c>us paymcnts. See reverse side for senior,
dsabl -d. p-aperiy exemptions and ether important
1Fi ?: IiliCIrrrlafiOn.
PAYINIENT BY CREDIT CARD OR ELECTRONIC CHECK
IS BY PHONE OR INTERNET ONLY
CALL I- 800 - 985 -7277 FOR OPTIONS AND FEES OR
VISIT: wwW.co.marin.ca.us /paytax
VISIT OUR WEB SITE AT. www.co.marin.ca.us /taxes/
VISIT THE COUNTY'S WEB SITE AT. WWW.CO.marin.Ca.US
IAND 1,011,037
76- 9,477
BUR
PERS
TOTAL 1,780,514 1,780,514 21,374.74
RATES AND DISTRIBUTIONS OF AMOUNTS BY TAXING AGENCIES
TAXING AGENCY LEVY RATE I FUND AMOUNT
BASIC TAX 0 1.0000 17,805.14
SCHOOL BONDS 1 1247 2,220.22
MS MOSQUITO #1 3 105110 10.72
TIBURON-SANITARY 3 105421 480.00
REED SCH ASSMT 3 107351 309.50
TAM UNION H SCH DIST 3 107761 212.16
MR: TIB- LIBRARY 95 -1 3 109177 66.00
MMWD - FIREFLOW 3 109192 75.00
MR:ST HILRY -OP SP 93 3 109142 98.00
MR:ST HILARY CFD97 -1 3 109194 98.00
TOTAL 1.1247 21,374.74
1ST INSTALLMENT 2ND INSTALLMENT TOTALTAX
10,687.37 10,687.37 21,374.74
10% PENALTY AFTER 10 % PENALTY + 10.00 COST PENALTIES APPLY
MARIN COUNTY SECURED TAX STATEME''-
USETHISPAPCELNO . ONAMCHECILSANDCO R ONOENCE
PARCEL NUMBER BILL NUMBER
059 - 102 -17 06 -68994
K2 PROPERTIES LLC
PO BOX 12705
OAKLAND CA 94604 -2705
611U5HESS
1704 TIBURON BLVD
TIBURON
July 1, 2006 t0 June, 30 2007 MICHAEL J. SMITH, TAX COLLECTOR
DUEL ON PAYMENTS CALL (415)499 -6133, ON VALUATIONSCALL 1415)4994215
X RATEAREA - GROSS TAX AMOUNTFUWASSESSEDVALUEEXEMPTIONDETAIL
11 -008 201770.62
M/S MOSQUITO -VCD #1 (800)273 -5167
TIBURON- SANITARY (415)435 -1501
REED SCH ASSMT (415)383 -1116
TAM UNION H SCH DIST (415)945 -3709
MR:ST HILRY -OP SP 93 (866)807 -6864
MR: TIB- LIBRARY 95 -1 (800)676 -7516
MMWD - FIREFLOW (415)945 -1404
MR:ST HILARY CFD97 -1 (866)807 -6864
VALuAMP RTANT INFORMAT4@N7215
TPXE§fHl tWAUFcaYgMq. ISM s4hN4A uP9ll.
L Y{)J( T&xT Ccg@0t 1f &Nn(PAhLU WETpgiMgfel) for
erroneous payments. See reverse side for senior,
disabled. property exemptions and other important
tax information.
PAYMENT BY CREDIT CARD OR ELECTRONIC CHECK
IS BY PHONE OR INTERNET ONLY
CALL 1- 800 - 985 -7277 FOR OPTIONS AND FEES OR
VISIT: www.co.marin.ca.us /paytax
VISIT OUR WEB SITE AP. www.co.marin.ca.us /taxes/
VISITTHE COUNTY'S WEB SITE AT www.CO.marin.Ca.US
IMPR
BUS
PERE
TOTAL
RATES AND DISTRIBUTIONS OF AMOUNTS
BASIC TAX 0 1.0000 17,456.14
SCHOOL BONDS 1 1174 2)049.28
M/S MOSQUITO -VCD #1 3 105110 10.72
TIBURON- SANITARY 3 105421 411.00
REED SCH ASSMT 3 107351 300.50
TAM UNION H SCH DIST 3 107761 205.98
MR: TIB- LIBRARY 95 -1 3 109177 66.00
MMWD- FIREFLOW 3 109192 75.00
MR:ST HILRY -OP SP 93 3 109142 98.00
MR:ST HILARY CFD97 -1 3 109194 98.00
TOTAL
10,385.31
10% PENALTY AFTER
1.1174
2ND INSTALLMENT
10,385.31
10% PENALTY + 10.00 COST
20,770.62
TOTAL TAX
20,770.62
PENALTIES APPLY
MARIN COUNTY SECURED TAX STATEMEf
USE 1R 9PARCEL N0. CN ALL CHECIf3AXO CIXIRESPOM19ENCE
PARCEL NUMBER" BILL NUMBER
059- 102 -17 05- 167621
K2 PROPERTIES LLC
PO BOX 12705
OAKLAND CA 94604 -2705
31N5 1ZOPE"
1704 TIBURON BLVD
TIBURON
July 1, 2005 t0 June, 30 2006 ( MICHAEL J. SMITH, TAX COLLECTOR
ODES ON PAYMENTS CALL (415) 499-6133. ON VALUATIONS CALL (415) 4W7215
CRATEAREA: '- - GROSS TAX AtUOUNT- FULUASSESSED VALUE EXEMPTION ' DETAIL -
11 -008 20,160.48
M/S MOSQUITO -VCD #1 (800)273 -5167
TIBURON FIRE (415)435 -7200
TIBURON- SANITARY (415)435 -1501
REED SCH ASSMT (415)383 -1116
TAM UNION H SCH DIST (415)945 -3709
MR:ST HILRY -OP SP 93 (866)807 -6864
MR: TIB- LIBRARY 95 -1 (800)676 -7516
MMWD - FIREFLOW (415)945 -1404
MR:ST1MIDMqYA+WPIF y •' A (A)fq Pj y -6864
V z TATI N (415)499 -7115CfrrI.I Uf I.
h . x f .aQ no "
Uy
U `I WI for
L r TS _ C, I E YE 2 'Y; b SQTiDr,
disabled: property exemptions and oth•Jr important
tax information.
PAYMENT BY CREDIT CARD OR ELECTRONIC CHECK
IS BY PHONE OR INTERNET ONLY
CALL 1- 800 - 985 -7277 FOR OPTIONS AND FEES OR
VISIT. www.co.marin.ca.us /paytaX
VISIT OUR WEB SITE AT. www.co.marin.ca.us/taxes/
VISrr THE COUNTYS WEB SITE AT. www.CO.marin.Ca.US
AND _ 971,784
MPR _ 739, 6.0.3
Res - - - - - --
MRS
TOTAL 1 1,711,3
BASIC TAX 0 1.0000 17,113.86
SCHOOL BONDS 1 1049 1,795.18
M/S MOSQUITO -VCD #1 3 105110 9.74
TIBURON FIRE 3 105290 62.00
TIBURON- SANITARY 3 105421 351.00
REED SCH ASSMT 3 107351 291.74
TAM UNION H SCH DIST 3 107761 199.96
MR: TIB- LIBRARY 95 -1 3 109177 66.00
MMWD - FIREFLOW 3 109192 75.00
MR:ST HILRY -OP SP 93 3 109142 98.00
MR:ST HILARY CFD97 -1 3 109194 98.00
TOTAL
1ST INSTALLMENT
10,080.24
10% PENALTY AFTER
1.1049
10,080.24
10% PENALTY + 10.00 COST
20,160.48
TOTALTAX
20,160.48
PENALTIES APPLY
MARIN COUNTY SECURED TAX STATEMF
USETHIS PPRCEL NOON ALL CHECKSAND OORI E PUYDENCE
PARCELNUMBER ±. BILLNUMBER
059 - 102 -17 04 -68735
K2 PROPERTIES LLC
PO BOX 12705
OAKLAND CA 94604 -2705
SINS t
ADDMSS
1704 TIBURON BLVD
TIBURON
July 1, 2004 to June, 30 2005
UCRATEfAREA PULL/ASSESSEDVALUE
11 -008
MARIN /SON MOSQ & VCD (800)273 -5167
TIBURON FIRE (415)435 -7200
TIBURON- SANITARY (415)435 -1501
REED SCH ASSMT (415)383 -1116
TAM UNION H SCH DIST (415)945 -3709
MR:ST HILRY -OP SP 93 (866)807 -6864
MR: TIB- LIBRARY 95 -1 (800)676 -7516
MMWD - FIREFLOW (415)945 -1404
MR: STjMjD TAgfPq&'P0F"0 8j 6864
V LUATI N L Pf (415 499 -7 5
LOOPK
1
Cf{DU flnA IS igCT fO
erroneous paymeTnlfS. wee reverse Side for senior, Isa led,
property exemptions and other important tax information.
Payment By Credit Card or Electronic Check
is by phone or internet only
Call 1- 800 - 985 -7277 for options and fees or
visit: www.co.marin.ca.us /paytax
VISIT OUR WEB SITE AT: Www.Co.marin.ca.us /taxes/
VISITTHE COUNTY'S WEB SITE AT: www.CO.marin.Ca.UB
952,730
IMPq 725, 101
sus
PEPS
MICHAEL J. SMITH, TAX COLLECTOR
OUL S: ON PAYMENTS CALL (415) 4996139. ON VALUA90NS CALL 141511997216
EXEMPTION DETAIL . GROSS FAX AMOUNT
20,123.74
TOTAL I 1,677,831 1 1,677,831 1 20,123.74
RATES AND DISTRIBUTIONS OF AMOUNTS BY TAXINGAGENCIES
BASIC TAX 0 1.0000 16,778.30
SCHOOL BONDS 1 0900 1,510.00
MARIN /SON MOSQ & VCD 3 105110 5.00
TIBURON FIRE 3 105290 99.20
TIBURON- SANITARY 3 105421 916.86
REED SCH ASSMT 3 107351 283.24
TAM UNION H SCH DIST 3 107761 194.14
MR: TIB- LIBRARY 95 -1 3 109177 66.00
MMWD- FIREFLOW 3 109192 75.00
MR:ST HILRY -OP SP 93 3 109142 98.00
MR:ST HILARY CFD97 -1 3 109194 98.00
TOTAL I 11.0900 1 20,123.74
10,061.87 10,061.87 20,123.74
10% PENALTY AFTER 10% PENALTY + 10.00 COST PENALTIES APPLY
TOWN OF TIBURON
NOTICE OF PUBLIC HEARING
Wednesday, August 14, 2013 at 7:30 P.M.
Town Council Chambers, 1505 Tiburon Boulevard
Notice is hereby given that the Tiburon Planning Commission will hold a
public hearing to consider an application filed by Decker - Bullock Realty for a
conditional use permit to establish a professional real estate sales office in the
Village Commercial zone. The use is proposed to be located at 1704 Tiburon
Boulevard (fronting Fountain Plaza) and would occupy an approximately
1,295 square'foot vacant space formerly occupied by a dry cleaning
establishment. The project site is Marin County Assessor Parcel No. 059 -102-
17.
The public hearing will be held at the Town Council Chambers, 1505
Tiburon Boulevard, Tiburon, California, on Wednesday, August 14,
2013. The meeting will begin at 7:30 P.M.
Information on this item is available for review at the Tiburon Community
Development Department at Tiburon Town Hall, 1505 Tiburon Boulevard,
Tiburon, CA 94920. Questions regarding this application should be directed
to Scott Anderson, Director of Community Development, at (415) 435 -7392.
NOTICE OF LIMITATION ON LEGAL CHALLENGES
Pursuant to Section 65009 of the California Government Code, please be
advised that ifyou challenge the Town's decision on this application in court,
you may be limited to raising only those issues you or someone else raised at
the public hearing described in this notice, or in written correspondence
delivered to the Town at or prior to, the public hearing.
Scott Anderson Dated: August 1, 2013
Director of Community Development
Exhibit "B"
Town ofTiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 • P. 415.435.7373 F. 415.435.2438 • w ..d.riburon.m.w
Community Development Department December 20, 2010
Maria French Cleaners s,
28 Circle Drive, Apt. D 1egr la rtz
Tiburon, CA 94920 f p a
t r tai .. .
RE: 1704 TIBURON BOULEVARD: APPROVAL OF SIGN PERMIT
fllmtAPPLICATIONFORMARIAFRENCHCLEANERSWITHAMINOR....
SIGN AREA EXCEPTION (File 951012); Assessor Parcel Number: 059 - ns
102 -17 e`
Dear Sir or Madam:
ii .
This letter is to advise you that the Tiburon Planning Division has approved the abov&nmecgto3bonnell
i:4cyg?„ainrberreferencedsignpermitapplicationasofthedateofthisletter, subject to the following ,,:
findings and conditions of approval: K.,
Findings
A. The application has been reviewed for conformance with Chapter 16A (Signs)
ofthe Tiburon Municipal Code and has been determined to be in substantial
conformance therewith. The business frontage was determined to be 75 linear
feet, resulting in 18.75 square feet of allowable sign area, in conformance with
Section 16A- 720(a) of the Municipal Code. This application proposes 21.0
square feet of sign area. The number of signs approved (2) conforms to
provisions of Section 16A- 720(d) of the Municipal Code .(1 wall sign, 1
projecting sign) subject to a Minor Sign Area Exception.
B. The Tiburon Building Division has indicated that building permits will not be
required for this type of sign pursuant to the Building Code.
C. The location ofthe sign appears to be on private property and thus no
encroachment permit is required.
D. The sign appears consistent with the purpose and intent'of the Tiburon Sign
Ordinance and in conformance with the Principles of Review set forth in
Section 16A -4 of the Municipal Code in that the proposed sign design is not
garish and is compatible and in harmony with the building.
E. A Minor Sign Area Exception is required for the proposed sign area of 21.0
square feet. Staff has determined that the necessary findings can be made,
pursuant to Section 16A.520(c) of the Sign Ordinance.
F. No illumination is proposed as part of this application.
G. The application has been reviewed with respect to the guidelines set forth in
the Downtown Tiburon Design Handbook at pages 49 -55, and found to be
consistent therewith in terms of colors, materials, sign type and location.
Conditions ofAooroval
This permit approves signage for the business located at 1704 Tiburon
Boulevard in the Town of Tiburon. The total area of the signs approved in this
application shall not exceed 21.0 square feet. The signs shall be in
conformance with the application approved by the Town of Tiburon on
December 20, 2010, as amended by these conditions of approval. Any
modifications to the application as approved must be reviewed and receive.
Tiburon Planning Division approval..
2. Compliance with all applicable safety codes is required.
3. The issuance of this sign permit shall not be valid ifthe approval constitutes a
violation of the Tiburon Sign Ordinance (Chapter 16A of the Tiburon
Municipal Code). No permit presuming to give authority to violate or cancel
the provisions of said chapter shall be valid.
4. The Town may make inspections as necessary to determine whether any sign is
in compliance with this approval and other applicable regulations. Reasonable
notice shall be provided when the inspection requires access to areas other than
those available to the general public.
5. Dilapidated signs are prohibited. The sign owner shall maintain the sign and
all supporting components in good repair and finish. Substantially deteriorated,
badly weathered, rusty, or otherwise poorly maintained signs shall be subject to
public nuisance abatement or other available remedies.
6. This sign permit shall be valid for 180 days following approval, and shall
expire and become null and void unless the signs, as approved, are erected
prior to that date, unless an application for time extension, filed in writing with
the Planning Division, is granted by the Director of Community Development.
7. If this approval is challenged by a third party, the property owner /applicant will
be responsible for defending against this challenge. 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.
Appeal Procedures
Appeal of the Planning Division's decision may be made by the applicant or any
aggrieved person within five (5) working days following the date of the decision.
Appeals shall be filed with the Town Clerk and submitted in writing on the prescrib
form accompanied by the appropriate filing fee of $300. Appeals are scheduled befi
the Design Review Board whose decision is final.
Please call me at 435 -7397 should you have any questions.
Sincerely,
Laurie Tyler "
Associate Planner
Enc: Copy ofapproved and stamped - drawings
2 sheets).
C: K2 Properties LLC
PO Box 12705
Oakland, CA 94604
PLANNING DIVISION
COURTESY NOTICE OF
SIGN PERMIT APPLICATION
ADDRESS: 1704 Tiburon Boulevard
APPLICANT /OWNER: Maria French Cleaners /K2 Properties, LLC
FILE NO.: 51012
NOTICE IS HEREBY GIVEN that an application for a Sign Permit for the propel
located at the above - listed address was filed with the Town of Tiburon PlanningonNovember9, 2010.
lAty6PROJECTDESCRIPTION: Proposal to install a wall sign and a projecting sign
located at the front of the business on fountain plaza (Maria French Cleaners) t
The combined signs would have a total proposed sign area of 21.0 square
Both of the signs would utilize black and gold lettering with the message "MariFrenchCleaners". No illumination is proposed. The maximum permitted signuWw
area for this establishment is 18.75 square feet; therefore the applicant has it
requested a minor sign exception for the additional 2.25 square feet.
The application is on file and available for public review at the office of the Town of
Tiburon Planning Division. The proposed project has been determined to be
categorically exempt from the requirements of the California Environmental Quality
pursuant to Section 15301.
No hearing is scheduled to be held prior to a decision being reached on this applica
A decision on this application is scheduled to be reached administratively by
Planning Division no earlier than December 20, 2010. Written comments on the
application are being accepted until the end of the business day prior to this schedu
decision date. Questions or comments on the application should be directed to Lau
Tyler, Associate Planner at (415)- 435 -7397 or by email at Ityler(a)ci.tiburon.ca.us.
Appeal of the administrative decision of the Planning Division may be made by the
applicant urany aggrieved person within five (5) business days following the date of the
decision. Appeals shall be filed with the Town Clerk and submitted in writing on the fir:;.
prescribed Town of Tiburon Notice of Appeal form accompanied by the appropriate fillhg
fee. Appeals are $500 if filed by the applicant, or $300 if filed by a person other thanhxe.'`.;'
applicant. Appeals are heard at a public meeting before the Design Review Board. .
Laurie Tyler, Associ fanner Date
TOWN OF TIBURON
NOTICE OF PUBLIC HEARING
Wednesday, January 13, 2010 at 7:30 P.M.
Town Council Chambers, 1505 Tiburon Boulevard
Notice is hereby given that the Tiburon Planning Commission will hold a public hearing
to consider an application filed by RSB Vineyards, LLC dba Uptick Vineyards for a
Conditional Use Permit to operate an on -sale and off -sale wine business in
Downtown Tiburon. The use would include a wine tasting room with sale of wine by
the glass for consumption on the premises, as well as by the bottle for consumption off
premises: The use would be located at 1704 Tiburon Boulevard. The Marin County
Assessor's parcel number for this property is 059- 102 -17.
The public hearing will be held in the Town Council Chambers, 1505 Tiburon
Boulevard, Tiburon, California. The Planning Commission will meet on
Wednesday, January 13, 2010. The meeting will begin at 7 :30 F.M.
Information on these items is available for review in the Tiburon Planning Division.
Questions regarding this application should be directed to Laurie Tyler, Associate
Planner, at (415) 435 -7397.
NOTICE OF LIMITATION ON LEGAL CHALLENGES
Pursuant to Section 65009 of the California Government Code, please be advised that if
you challenge the Town's action on this application in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in
this notice, or in written correspondence delivered to the Town at, or prior to, the public
hearing.
Laurie Tyler
Associate Planner Date: 12/17/2009
LEGAL NOTICE TO BE PUBLISHED IN THE ARK ON DECEMBER 23, 2009
Town ofTiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 • P. 415.435.7373 F. 415.435.2438 • wvvvvd.uburon.mus
December 11, 2006
Lynne Hollerbach
2 Bridge Road
Larkspur, CA 94939
SUBJECT: Conditional Use Permit Application #10604; 1704 Tiburon Boulevard
Dear Ms. Hollerbach:
I have reviewed the information and plan you submitted for a Conditional Use Per
to operate a "Refresh" Day Spa and Juice Bar for the property located at 1
Tiburon Boulevard in Tiburon (File #10604).
The application is in compliance with the Town's Conditional Use Permit Rev
requirements and the application is hereby deemed to be complete. This proj
has been scheduled for the January 10, 2007 Planning Commission meeting.
If you have any questions regarding this matter, please call me at (415) 435 -7397.
Sincerel ,
Laurie Tyler
Associate Planner
C: Peter Walz, Architect
88 Golden Hinde Boulevard
San Rafael, CA 94903
K2 Properties, LLC
Attn: Kia Zandvakili
PO Box 12705
Oakland, CA 94604 -2705
Vesa Becam
Keegan & Coppin Company, Inc.
101 Larkspur Landing Circle, First Floor
Larkspur, CA 94939 -1746
TOWN OF TIBURON
STAFF REPORT _
ITEM NO.
TO: DESIGN REVIEW BOARD
FROM: EMI THERIAULT, ASSOCIATE PLANNER
SUBJECT: 1700 TIBURON BOULEVARD; FILE #700202;
SITE PLAN AND ARCHITECTURAL REVIEW FOR
RENOVATIONS TO THE FACADE OF AN EXISTING
COMMERCIAL BUILDING
MEETING DATE: DECEMBER 7, 2000
REPORT DATE: NOVEMBER 30, 2000
PROPERTY OWNERS/
APPLICANTS: KIA ZAND VAKILI AND KATAYOON ALEXANDER
PROJECT DATA:
ADDRESS:
ASSESSOR'S PARCEL:
FILE NUMBER:
LOT SIZE:
ZONING:
GENERAL PLAN:
FLOOD ZONE:
DATE COMPLETE:
CEQA EXEMPTION:
PERMIT STREAMLINING
ACT DEADLINE:
1700 TIBURON BOULEVARD
059 - 102 -17
700202
3,540 SQUARE FEET
V -C (VILLAGE COMMERCIAL)
V -C (VILLAGE COMMERCIAL)
C
NOVEMBER 17, 2000
DECEMBER 7, 2000
FEBRUARY 6, 2001
ENVIRONMENTAL DETERMINATION:
This proposal is categorically exempt from the provisions of the California Environmental Quality
Act (CEQA) as specified in Section 15301.
TIBURONDESIGNREt1IEWBOARD STAFFREPORT DECEMBER 7, 2000 1
issues with this project.
r.
As the construction of the improvements to the building would be conducted in an area of limited
parking, Staff is recommending a condition of approval requiring the applicant to submit a
construction staging plan for the Building Official's review and approval.
Zoning
Staff has reviewed the proposal and finds it to be in conformance with the development standards
for the V -C zone.
Public Comment
Staff has received a letter from the Char of the Heritage and Arts Commission. Ms. Kline
concerns about the project are expressed in this letter, dated November 17,.2Q.00. (Exhibit. 5).
RECOMMENDATION:
The Board should review this project with respect to Zoning Ordinance Section 4.02.07 (Guiding
Principles). If the Board finds the design to be acceptable and in conformance with the Town's
Design Guidelines, then Staff recommends that the attached conditions of approval be applied.
ATTACHIVMNTS:
1. Conditions of approval
2. Application and supplemental materials dated October 31, 2000
3. Submitted plans received October 31, 2000
4. Letter, dated November 21, 2000, from Senior Planner Watrous to the applicant
5. Letter, dated November 17, 2000, from Ms. Kline, Chair of the Heritage and Arts
Commission
TIBURONDESIGNREWEWBOARD STAFFREPORT DECEMBER 7, 2000
TG. .i OF TIBURON
LAND DEVELOPMENT APPLICATION
0 Conditional Use Permit
0 Precise Development Plan
0 Conceptual Master Plan
0 Rezoning /Prezoning
0 Zoning Text Amendment
0 General Plan Amendment
TYPE OF APPLICATION
0 Design Review (DRB)
IIB.Design Review (Staff level)
0 Variance
0 Sign Permit
0 Tree Permit
0 Underground Waiver
C ....
0 Tentative Subdivision Map
0 Final Subdivision Map
0 Parcel Map
0 Lot Una Adjustment
0. Certificate of Compliance
0 Other
APPLICANT REQUIRED INFORMATION
SITE ADDRESS: I1/ib 7cSuaoM 'gcyI..&yAeP PROPERTY SIZE:
PARCEL NUMBER: 05,1- 102- 17 ZONING: VG
aou
TeaTT 1V®.
d6
OWNEROFPROPERTY: VGA ?J NOYNCII -1 t tGA'Y onl F4LEf(pNt F. K &rG TRoP61C[I r$
MAILING ADDRESS: 1.055 FAML -ANE Va\VE
CITY /STATE /ZIP: OprV -L ic, (AUGoRwJA.4 9'4611
PHONE NUMBER: 925. SZP.3937 FAX SIo.k2o, l3( S
APPLICANT: (Other than Property Owner)
MAILING ADDRESS:
CITY /STATE /ZIP:
PHONE NUMBER: FAX
ARCHITECT /DESIGNER/ENGINEER:
MAILING ADDRESS:
CITY /STATE /ZIP:
PHONE NUMBER: PAX
Please indicate with an asterisk (*) persons to whom correspondence should be sent.
BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed):
I, the undersigned. owner (or authorized agent) of the property herein described, hereby make application for
approval of the plats submitted and made a part of dtis application in accordance with the provisions of the Town
Ordinances, and I hereby certify that the information given is true and correct to the best of my knowledge andbelief.
I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town
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. I therefore agree to accept this responsibility for defense at the
request of the Town and also agree to defend, indemnify and hold dte Town harmless from any costs, claims or
liabilities arising from the approval, including, without limitation, any award of attorneys fees that might result
from the third party challenge.
Signature: / Date: 1,0.27.Da
If other than i5wrier, must have letter from owner)
DONOT WRITEBELOWTHIS LINE' _
DEPARTMENTAL PROCESSING INFORMATION
Application No,:.7OD_/ Fee Deposit: pc.Li/i
Date Received: Ol/ Received By: -1 Receipt _#
Date Deemed Complete: } L - By;- -
Acting Body:: S t IQ, zti : (3a-d Dzl d ,..T
tion: Date.
Conditions of Approval or Comm n a:. uu Resolution or Ordinance #:
omd,evtie 9188
EY,TIIBIT INO,
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4
TOWN OF TIBURON
November 21, 2000
Kia Zandvakili
K &K Properties
6055 Fairlane Drive
Oakland, CA 94611 -1849
Dear Mr. Zandvakili:
EXTHIBIT INTO.-I:
1505 TIBURON BOULEVARD TIBURON • CALIFORNIA 94920 • (415) 435 -7373
FAX (415) 435 -2436
I am writing to follow up on our telephone conversation today regarding the property at
1700 Tiburon Boulevard. As we discussed, the Town ofTiburon does not require
permits or Design Review approval to simply paint an existing building without any other
changes to the existing exterior building materials. If work is proposed that requires
Design Review approval due to a change in the exterior design or materials of a building,
the color of the finished exterior is subject to Design Review approval.
Please call me at (415) 435 -7393 if you have any further questions regarding this matter.
mcerely,
Daniel M. Watrous
Senior Planner
C
Town OF TiBuRON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Members ofthe Planning Commission
Community Development Department
Planning Commission Meeting
October 23, 2013
Agenda Item: ?
Consider Recommendation to the Town Council Regarding Various Text
Amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code
Staff recommends a number of clean -up text amendments to the Tiburon Zoning Ordinance to
address issues that have arisen and to correct or clarify minor text discrepancies and/or errors that
have been discovered since the adoption of the comprehensive Zoning Ordinance update in 2010
and the most recent Zoning Ordinance update in 2012.
ANALYSIS
The following amendments are proposed to the text ofthe Zoning Ordinance:
ARTICLE H (ZONES AND ALLOWABLE LAND USES)
16 -22 Commercial Zones
As a result ofthe Planning Commission's recent denial of a conditional use permit application for
a ground floor office use on property located at 1704 Tiburon Boulevard, Town staffhas looked
into whether the areas in which such office uses are generally not permitted should be expanded.
Currently, Section 16- 22.030 (B[2]) (Permitted uses in the VC zone) reads as follows:
Street- fronting ground floor office uses shall not be permitted on Main Street, covering
street addresses 1 through 100 Main Street inclusive."
In addition, Section 16- 22.030 (A[1 (e)]) (Permitted uses in the NC zone) reads as follows:
Tiburon Boulevard- fronting ground floor office uses shall not be permitted in newly -
constructed or redeveloped buildings located along "Upper Tiburon Boulevard ", as that
area is defined in the Tiburon General Plan Downtown Element on Diagram 4.4 -1,
without the granting of a Conditional Use Permit in compliance with Section 16- 52.040
Conditional Use Permits) and an exception in compliance with Subsection 16- 22.040.B
Exception for street - fronting ground floor office use in the NC zone)"
TOWN of TIBURON PAGE 1 OF 7
Exhibit "C"
Planning Commission Meeting
October23,2013
The Tiburon General Plan recognizes that ground floor commercial offices can discourage
pedestrian traffic in Downtown Tiburon and lessen the overall economic vitality of the
commercial heart ofthe town. The above - mentioned code sections implement the following
policies contained in the Downtown Element of the Tiburon General Plan:
DT -3: The Town shall actively promote the economic vitality ofits Downtown.
DT -16: In order to encourage pedestrian use and enjoyment ofMain Street, the Town
shall discourage commercial office uses from occupying ground floor space suitable for
retail and restaurants on Main Street and Ark Row.
Staffreviewed the existing uses and physical characteristics ofthe properties immediately west of
Main Street along Tiburon Boulevard. The existing uses in this area are summarized as follows:
1704 Tiburon Boulevard: Vacant (previously Maria French Cleaners; dry cleaning
establishment)
1696 Tiburon Boulevard: New Morning Cafe (restaurant)
1694 Tiburon Boulevard: Grass Shack (restaurant/ice cream parlor)
1690 Tiburon Boulevard: Bradley Real Estate (real estate office)
Unique Boutique (retail clothing store)
Demo Sports (sports equipment sales and rentals)
The building at 10 Main Street/1704 Tiburon Boulevard is situated close to the property line, near
Ferry Plaza and lower Main Street and directly adjacent to Fountain Plaza, which has become
another major hub for pedestrian traffic in Downtown. The buildings at 1690 -1696 Tiburon
Boulevard are similarly located near the front property lines and provide a pedestrian- friendly
environment, particularly with the outdoor seating and tables provided by New Morning Cafe and
the Grass Shack..
The pedestrian- oriented character ofthis area diminishes to the west of 1690 Tiburon Boulevard.
The next building to the west is the two -story Mantegani building (1680 Tiburon Boulevard),
which contains a mix of office and service uses. This building is set far back from Tiburon
Boulevard, with a parking lot at the front of the site that interrupts the pedestrian flow along
Tiburon Boulevard at this point.
There appears to be a clear break in the character ofthe buildings, uses and activities at the
western end of the building at 1690 Tiburon Boulevard. Up to that point, the buildings and
improvements along this stretch ofTiburon Boulevard lend themselves toward uses that carry on
the pedestrian activity associated with Main Street and are in close proximity to the activities of
Ferry Plaza and Fountain Plaza. After that point, the distance from activity centers and the
building setbacks are less likely to encourage pedestrians to travel west from Main Street.
Staffrecommends that Section 16- 22.030 (A[l(e)]) be amended to read as follows:
Street - fronting ground floor office uses shall not be permitted on street addresses 1690
through 1704 Tiburon Boulevard inclusive. Tiburon Boulevard- fronting ground floor
office uses shall not be permitted in newly - constructed or redeveloped buildings located
along "Upper Tiburon Boulevard", as that area is defined in the Tiburon General Plan
TOWN OF TrBuRON PAGE 2 OF 7
Plarwing Coranussion Alecung
October 23, 2013
Downtown Element on Diagram 4.4 -1, without the granting of a Conditional Use Permit
in compliance with Section 16- 52.040 (Conditional Use Permits) and an exception in
compliance with Subsection 16- 22.040.B.1 (Exception for street - fronting ground floor
office use in the NC zone)."
ARTICLE III (GENERAL DEVELOPMENT STANDARDS AND PARKING
STANDARDS)
16 -30 Standards for All Development and Land Uses
16- 30.050 — Height Limits and Exceptions
Section 16- 30- 050(D) lists exceptions that maybe granted to the height limits that are contained
in the Zoning Ordinance. In most zones, accessory structures are limited to a maximum height of
15 feet. Subsection 2 of this code section states that "spires, flag poles, radio and television
towers or antennas, and similar features, of minimal area and bulk, may exceed maximum height
limits by up to three feet or as required by the California Building Code." According to this
exception, a flag pole would be allowed a maximum height of 18 feet in most zones.
However, the Tiburon Sign Ordinance (Chapter 16A ofthe Municipal Code) includes regulations
for flags. Sections 16A.710 (b[4]) and 16A.725 (e) set the maximum height of any freestanding
flag pole at 24 feet.
To ensure consistency between the Zoning Ordinance and the Sign Ordinance, staffrecommends
that Section 16- 30- 050(D) be amended to read as follows:
2. Spires, flagpoles, radio and television towers or antennas, and similar features, of
minimal area and bulk, may exceed maximum height limits by up to three feet or
as required by the California Building Code. The height restrictions shall not apply
to antennas for wireless communication facilities licensed by the Federal
Communications Commission when a Conditional Use Permit has been obtained
for that use in compliance with Section 16- 52.040 (Conditional Use Permit) and
Section 16-42 (Wireless Communications Facilities).
5. Flag poles shall have a maximum height oftwenty -four feet.
ARTICLE V (ZONING PERMT PROCEDURES)
16-52 Permit Review and Decisions
16- 52.020 — Site Plan and Architectural Review
An existing building on a lot is often demolished to make way for construction of a new building
on the site. In most instances, the applicant indicates a request to demolish the existing building
as part of an application to construct a new building. However, on occasion an applicant will
request a demolition permit from the Building Division to remove the existing building before a
Site Plan and Architectural Review application has been submitted for construction of a new
TOWN OF TIBURON PAGE 3 OF 7
C
Plannirig Commission Meeting
October 23,2013
building. In these cases, the demolition may cause issues related to views, privacy, landscaping,
safety and attractive nuisance that would normally be addressed during the Design Review
process for the new building on the lot In addition, recent court case law dictates that absent an
associated discretionary permit, historic structures may be demolished by obtaining a ministerial
building (demolition) permit, without triggering any review under the California Environmental
Quality Act.
To ensure that these issues are addressed, the categories of "demolition of an existing main
building on a lot" and "demolition of any structure on a property listed on a local historic
inventory or eligible for listing on a state or federal historic registry" would be added to Section
16- 52.020 (B) as actions that require Site Plan and Architectural Review approval, and added to
Section 16- 52.020 (F) to allow the potential for Staff approval of such an application if
warranted.
Section 16- 52.020 (K) addresses the differences between new construction and remodel projects
and the consequences if a project is approved as a remodel project and later becomes a new
construction project. Subsection 2 ofthis section currently reads as follows:
2. If an application is filed and approved as a remodel project, but prior to or during
construction expands to become a new construction project as defined herein, all
related Zoning and Building Permit approvals shall become null and void. The
applicant shall be required to resubmit applications for Site Plan and Architectural
Review approval and Building Permits as a new construction project. The Director
shall have authority to waive this requirement in cases where the public safety and
necessity require the additional demolition, or in de minimi s cases.
The inclusion of building permits in this section is inappropriate, as it incorrectly gives authority
within the zoning Ordinance over permits that are under the jurisdiction ofthe Building Code. As
a result, staffrecommends that Section 16- 52.020 (K[2]) be amended to read as follows:
2. - If an application is filed and approved as aremodel project, but prior to or during
construction expands to become anew construction project as defined herein, all
aanlicable related Zoning and B Permit approvals shall become null and
void. The applicant shall be required to resubmit applications for Zoning Permit
approval and BuMag Pemaits as a new
construction project. The Director shall have authority to waive this requirement in
cases where the public safety and necessity require the additional demolition, or in
de minimis cases.
16- 52.040 — Conditional Use Permit
Section 16- 52.040 (D) lists the "factors to be considered in determining whether or not any
conditional use should be permitted in a specific location." These factors do not include
consideration of whether a proposed use would contribute to the vibrancy or vitality ofthe
surrounding area, particularly in Downtown Tiburon.
The Downtown Element ofthe Tiburon General Plan includes the following policies:
TOWN OF TIBURON PAGE 4 OF 7
Planning Commission N-leetina
October 73, 2013
DT -2: Resident - serving land uses shall be encouraged throughout Downtown.
DT -3: The Town shall actively promote the economic vitality of its Downtown.
Neighborhood Commercial District Policies
DT -12: The Neighborhood Commercial land use designation shall permit primarily
resident - serving commercial and residential uses.
Village Commercial District Policies
DT -16: In order to encourage pedestrian use and enjoyment ofMain Street, the Town
shall discourage commercial office uses from occupying ground floor space suitable for
retail and restaurants on Main Street and Ark Row.
To recognize the need to "promote the economic vitality' of Downtown Tiburon, staff
recommends that the following section be added to Section 16- 52.040 (D):
6. The contribution that the proposed use would make to sustaining and improving
the economic vitality and vibrancy ofTiburon including encoumaging resident -
serving or tourist serving uses in appropriate areas and uses that promote
pedestrian activity.
16- 52.110 — Home Occupations
Section 16- 52.110 (E) includes a typographical error that incorrectly refers to Section 16- 50.020
Authority for Land Use and Zoning Decisions) as Section 16- 52.020.
ARTICLE VII (INCLUSIONARY HOUSING AND DENSITY BONUSES)
16 -70 Amount of In -Lieu Housing Fee
Table 7 -1 in Section 16 -70 establishes the amount of in -lieu housing fees that are required to be
paid for any residential development creating three through six new lots or dwelling units as a pro
rata monetary contribution to the Town's in -lieu housing fund. The fees listed in Table 7 -1 were
calculated based upon 2008 income levels and can be updated to reflect 2013 income levels. Staff
recommends that Table 7 -1 be amended to read as follows:
TOWN OF TIBURON PAGE 5 OF 7
Planning Conunission Nieeting
October 23, 2013
Table 7 -1.
Example Housing In -Lieu Fee Calculation'
Cost to construct a:modeststngle family dwe_Ilrng untt of 1 SOOsquare feet_ _;
Assumptions:
A. Land and site development costs 350,0002
B. Construction costs @ $2252 per sq. ft. 373;900 337.500
C. Total of A and B above 7237990 687.500
Moderate =mcomepurchasepnceaffordabil_ify catcGla ion_
Assumptions:
A. Current median income for 4 -person household
Effective 293108 1111201 94iM 101.2002
B. 4 -person household at 80% of median income 75-048 809502
C. 6- 25- 044.500/6 fixed rate mortgage, 95% loan to value ratio, 5% down - payment, 0.7504 1.50%2 private
mortgage insurance. f8F a total effeefive martejaw Fate of 7.0%
D. 25 %2 for mortgage payment
E. Mortgage payment equates to: 43721690 per month
F. Loan amount equates to: 239,000 268.400
G. Affordable purchase price: 230399 282.500
1n Ireu bousing'fee catc1l_ion jusmg-tfie_se_vanable_sj. -_ _
A. Total construction cost: 72§899687.500
B. Affordable purchase price: 239;399282.500
C. In -lieu housing fee (per unit): 4747399 405.000
Note
1. This is an example of housing in lieu fees, based on 2998 2013 income levels. The Housing Authority
updates income levels annually; therefore in -lieu fees will vary by year.
2. Denotes a variable subject to periodic updating or determination by the Director.
ENVIRONMENTAL REVIEW
The proposed clean -up amendments are exempt from CEQA on the basis that they have no
potential to result in adverse impacts on the environment or were adequately analyzed in prior
environmental documents prepared for the comprehensive update ofthe Tiburon Zoning
Ordinance in 2010. No further environmental review is required.
RECOMMENDATION
Staff recommends that the Planning Commission:
1. Hold a public hearing and discuss the proposed text amendments to Chapter 16
Zoning) of the Municipal Code; and
2. Adopt the attached Resolution (Exhibit 1) recommending approval of the text
amendments to the Town Council.
TOWN OF TI uRON PAGE 6 OF 7
Planning Conmussion Meeting
October 23, 2013
1. Draft Resolution
Prepared By. Daniel M. Watrous, Planning Manager
S.- IPlanninglPlanning CommissionlSta $Reportsl2O73lOctober23 meetingVAning OrdinanceTextAmendments.doc
TOWN OF TIBURON PAGE 7 OF 7
RESOLUTION NO. 2013-(Draft)
A RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL ADOPTION
OF TEXT AMENDMENTS TO THE TIBURON ZONING ORDINANCE
WHEREAS, the Town of Tiburon has initiated text amendments to the Town's Zoning
Ordinance, codified as Title IV, Chapter 16 of the Tiburon Municipal Code; and
WHEREAS, a display ad notice of the public hearing on the amendments was published
in the Ark newspaper on October 9, 2013 and other noticing was provided as required by law;
and
WHEREAS, the Planning Commission did hold a duly noticed and advertised public
hearing on October 23, 2013 and considered any testimony received during the public hearing;
and
WHEREAS, the Planning Commission has determined that the proposed clean-up
amendments are exempt from CEQA on the basis that they have no potential to result in adverse
impacts on the environment or were adequately analyzed in prior environmental documents
prepared for the Housing Element update in 2012 and for the comprehensive update ofthe
Tiburon Zoning Ordinance in 2010, and that no farther environmental review is required; and
WHEREAS, the Planning Commission finds that the proposed zoning text amendments
are consistent with the goals, policies, and programs of the Tiburon General Plan and are
consistent with the objectives of the Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
recommends that the Town Council adopt the Zoning Ordinance text amendments as set forth in
the attached Exhibit "A ", entitled "Town of Tiburon Title IV Chapter 16 ofthe Municipal Code
Zoning Ordinance), Planning Commission Recommended Amendments, October 2013."
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the
Town of Tiburon held on October 23, 2013, by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
LOU WELLER, CHAIRMAN
Tiburon Planning Commission
ATTEST:
SCOTT ANDERSON, SECRETARY
Attachment: Exhibit "A"
TIBURON PLANNING COMMISSION RESOLUTION NO .2013 {Draft) OCTOBER 23,2013
EXHIBIT NO- .I
Exhibit A
Town of Tiburon Title IV Chapter 16 of the Municipal Code (Zoning Ordinance),
Planning Commission Recommended Amendments, October 2013
ARTICLE H (ZONES AND ALLOWABLE LAND USES)
16 -22 Commercial Zones
Section 16- 22.030 (A(l(e)]) shall be amended to read as follows:
Street - fronting ground floor office uses shall not be permitted on street addresses
1690 through 1704 Tiburon Boulevard inclusive. Tiburon Boulevard- fronting
ground floor office uses shall not be permitted in newly - constructed or
redeveloped buildings located along "Upper Tiburon Boulevard ", as that area is
defined in the Tiburon General Plan Downtown Element on Diagram 4.4 -1,
without the granting of a Conditional Use Permit in compliance with Section 16-
52.040 (Conditional Use Permits) and an exception in compliance with
Subsection 16- 22.040.13.1 (Exception for street - fronting ground floor office use in
the NC zone)."
ARTICLE III (GENERAL DEVELOPMENT STANDARDS AND PARMNG
STANDARDS)
16 -30 Standards for All Development and Land Uses
Section 16- 30- 050(D[2]) shall be amended to read as follows:
2. Spires, flag-peles, radio and television towers or antennas, and similar
features, of minimal area and bulk, may exceed maximum height limits by
up to three feet or as required by the California Building Code. The height
restrictions shall not apply to antennas for wireless communication
facilities licensed by the Federal Communications Commission when a
Conditional Use Permit has been obtained for that use in compliance with
Section 16- 52.040 (Conditional Use Permit) and Section 16 -42 (Wireless
Communications Facilities).
Section 16- 30- 050(D[5]) shall be added to read as follows:
5. Flagpoles shall have a maximum height of twenty -four feet.
ARTICLE V (ZONING PERMIT PROCEDURES)
16 -52 Permit Review and Decisions
TIBURON PLANNING CON&IISSION RESOLUTIONNO.2013-(Dmft) EXMrr A OCrOBER 23, 2013 1
EXHIBIT N0.
16- 52.020 — Site Plan and Architectural Review
The following addition shall be made to Section 16- 52.020 (B):
9. Demolition of an existing main building on a lot and demolition of any
structure on a property listed on a local historic inventory or eligible for
listing on a state or federal historic registry.
Section 16- 52.020 (F) shall be amended to read as follows:
10. Demolition ofan existing main building on a lot and demolition of any
structure on a property listed on a local historic inventory or eligible for
listing on a state or federal historic registry.
4-9. 11. Driveways and minor modifications to the layout or design of parldng lots;
and
12. Other minor applications that the Director determines to be appropriate for
Staff action.
Section 16- 52.020 (K[2]) shall be amended to read as follows:
2. If an application is filed and approved as a remodel project, but prior to or
during construction expands to become anew construction project as
defined herein, all applicable related Zoning andg Permit
approvals shall become null and void. The applicant shall be required to
resubmit applications for Zoning Permit
mew approval as anew construction project. The
Director shall have authority to waive this requirement in cases where the
public safety and necessity require the additional demolition, or in de
minimis eases.
16- 52.040 — Conditional Use Permit
The following section shall be added to Section 16- 52.040 (D):
6. The contribution that the proposed use would make to sustaining and
improving the economic vitality and vibrancy of Tiburom including
encouraging resident - serving or tourist - serving uses in appropriate areas
and uses that promote pedestrian activity.
16- 52.110 —Home Occupations
Section 16- 52.110 (E) shall be amended to read as follows:
TTBURON PLANNING COMMISSION RESOLUI10NNO.20134DMft) EXffiBUA OCTOBER23,2013 2
ErMBIT N0. '
E. Appeals. Any person aggrieved by any decision ofthe Director involving
the approval, denial, or revocation of a Home Occupation Permit, may
appeal such decision to the Planning Commission in compliance with
Section 11016- 50.020 (Authority for Land Use and Zoning
Decisions) and Section 16 -66 (Appeals). The decision ofthe Planning
Commission on the appeal shall be final. Any person aggrieved by any
decision ofthe Planning Commission involving the approval, denial, or
revocation of a Home Occupation Permit (except on appeal), may appeal
such decision to the Town Council using procedures set forth in Section
16 -66 (Appeals).
ARTICLE VII (INCLUSIONARY HOUSING AND DENSITY BONUSES)
16 -70 Amount of In -Lien Housing Fee
Table 7 -1 shall be amended to read as follows:
Table 7 -1.
Example Housing In -Lieu Fee Calculation
v nGostto: c_ orts' r} ictamo5estxCgld- fartllijyi elfigunrtrof fl_i uareet:
Assumpbonsy
A. Land and site development costs 350,0002
B. Construction costs @ $2252 per sq. fL 2§,800 a2z 50
C. Total of and B above 7957M01,50Q
NNodor_ ale- i- ncom_ ea_ fpNrchasepncjfo 'rtlafiil fyf ula£}ocr
Assumptions:
A. Current median income for 4 -person
household (Effective 293M Ill1 013 94j00101,2002
B. 4 -person household at 80% of median income 7148 809502
C. 6 2904 4.50 o fixed rate mortgage, 950/6 loan to value ratio, 5% down - payment, 0 5% 1.50%
private mortgage insurance. faF a tatal AffaGgi.xe FAR ° a
D_ 25 %2 for mortgage payment
E. Mortgage payment equates to: 937-2.1690 per month
F. Loan amount equates to: 238,990268.400
G. Affordable purchase price: 250;590282.500
rilt y ousmgfee;ca_74u atioi}Susi 1);esea4ianab e_s7 P_ -
A. Total construction cost: 7.26 006687.500
B. Affordable purchase price: 250;500 282.500
C. In -lieu housing fee (per unit): 44jM 045.000
Note
1. This is an example of housing in lieu fees, based on 2808 2013 income levels. The Housing Authority
updates income levels annually; therefore in -lieu fees will vary by year.
2. Denotes a variable subject to periodic updating or determination by the Director.
TIBURON PLANNINGCOMMISSION RESOLUlIONNO .2013 - (Draft) I =ITA OGTOBER23,2013 3
EIKHMTT N0.
A. D
San Jose Passes New Incentiv, for More Active Streets Downtown I S`R Page 1 of 1
Tuestlay, June 26, 2012
San Jose Passes New Incentives for More Active Streets Downtown
BY LEAH TOENISKOETTER, SPUR SAN JOSEDIRECTOR
San Jose's San Padre Square, where restaurants and a femlerV mantel have mated an activestreet Iffe. Photo by Aye Brackett
Many downtown areas have policies in place that restrict ground -floor storefronts for walk -in businesses such as retail, restaurants and entertainment The
idea is to encourage people to continue exploring (and hopefully shopping) on foot But in an economic downturn, when retail stores may remain vacant for
years, dark storefronts can create dead spaces oftheir own, further challenging the success of surviving retail benants. With ground -floor retail vacancy
rates hovering between 15 and 20 percent for several years in a row, San Jose has adopted a temporary polity change allowing non -retail uses such as
banks and business support services to occupy certain ground floor spaces without a special use permit — an investment of time and money that the city
says has deterred several companies from locating downtown. The city also argues that ground -floor space occupied during part of the day is better than
ground -floor space vacant all day. In addition, co-working spaces like NextSpace, which are not considered retail uses but do generate a lot offoot traffic
throughout the day, are showing us that newforms ofbusiness uses can activate the street and should be encouraged to locate where they can enhance
the vibrancy of pedestrian areas.
The temporary policy change allows for the elimination of the special use permit requirement for businesses of less than 20,000 square feet on non-comer
street frontages that have oneofthe following uses: business support, financial institutions, financial services, office, business and administrative, day care
centers and radio and television studios.
The upsideto this action is theopportunity to fill vacant storefronts in the short term. The potential downside is that once the economy turns around, 'non-
active" business uses may remain in locations meant for retail. Additionally, there is the potential to drive up rental rates on the ground floor, as business
users can cunenlly pay higher rent than a local retailer. Forthese reasons, the city, togetherwith the San Jose Downtown Association, will track both
vacancy and rental rates going forward and review the impact of this change in two years.
Going for height in the rental market
While the city is still feeling the impact of the economic downturn on the commercial side, San Jose, like many cities around the bay, has seen its residential
rental market take off. According to a recent Marcus & Millichap Research Services report, San Jose's rental vacancy is expected to be the lowest of the
three major bay cities at 2.7 percent by years and (compared to 3 percent in San Francisco and 3.2 percent in Oakland). That said, obtaining financing to
build high -rise residential continues to be a challenge in San Jose, especially on the tail end ofvery slow sales in the newest residential towers downtown.
In order to take advantage ofthis demand for rental units, and also encourage higher residential density in the downtown, the San Jose City Council
recently passed a number of temporary incentives to encourage high -rise developments. The following incentives apply to thefirst 1,000 units ofnew
residential high -rise development of 12 stories or highertlhat break ground in the Downtown Growth Area by the end of 2013:
1) An expedited, 120 -day review process of entitlements for any proposed high -rise development (this appliesto high-rise development anywhere in the
City)
2) The elimination of a city requirementto install an expensive breathing air replenishment system in high-rise buildings
3) The continuation ofa 50 percent reduction in park fees for high -rise residential constructed in the downtown
4) A 50 percent reduction in construction taxes (this is also applicable to any commercial building constructed in the downtown, regardless of height)
5) Deferral of fees owed until the Certificate of Occupancy is issued
6) Waiver of minimum parking requirements with a long -term commitment from the developer to offer free participation in the \rrNs EcoPass program, as
well as car- sharing services and enhanced bike parking facilities
Taken together, these two recent actions demonstrate the city's desire to chip away ata slow commercial market while taking advantage ofa strong rental
residential market in the downtown. While it is true that the fee reductions will impact the funding parks and transportation improvements, if there's no
development in the near term, these departments won't receive any funds at all.
TAGS: ECONOMIC DEVELOPMENT
Exhibit "Drr
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Top Ten Myths of DowntownManning c Walkable Eastwood
Top Ten Myths of Downtown Planning
EV LONI,!IE. ON JUNE "TFH. _-OOc
The following is an excerpt from a new Planners Press book by Philip L. Walker, AICP.
No time to read for about ten minutes? Then skip down to in the list below.
Page 1 of 3
The 1970s were an innovative era in design for many facets of American life, including clothing,
hairstyles, architecture, and, yes, urban planning. By the early 1970s, a number of forces were
already in full play, resulting in unparalleled residential and commercial growth in the suburbs and a
steady spiral downward for many downtowns.
In a desperate attempt to turn that situation around, numerous downtowns across the country
jumped onto the pedestrian mall bandwagon. In an effort to compete head -to -head with suburban
shopping malls, these downtowns blocked off vehicular access on their primary retail streets in order
to create open -air pedestrian malls.
Because the market forces that were causing the downtowns' downfall were much larger than the
issue of vehicular access, these panic- stricken efforts, not surprisingly, did little to reverse the
fortunes of these downtowns. In fact, in most cases, the "mailing" of Main Street only exacerbated
downtown's problems, resulting in a slow and painful death for many of them.
During the 1970s, Burlington, Iowa, then a town of 26,839 people, converted the block of Jefferson
Street between Main and Third streets into a pedestrian mall. By the late 1990s, it was clear that the
pedestrian mall was not helping businesses along that block, so the downtown organization,
chamber of commerce, and business association pressured the city to reopen the block to
automobiles.
Downtown Allentown, Pennsylvania, erected a canopy along Main Street on the same day that its
first suburban mall opened, but it was recently dismantled and replaced with historic streetscape
furnishings. Even major cities with seemingly critical masses in their downtowns, such as Louisville,
Memphis, and Seattle, have undone their downtown pedestrian malls to reintroduce vehicular traffic.
These failed examples are not an indictment of all pedestrian malls. Some large downtowns, such as
those in New York City and Baltimore, can support them. College towns, such as Charlottesville,
Virginia, can support them. Those cities constituting both, such as Madison, Wisconsin, ran clearly
support a pedestrian mall, as evidenced by State Street.
However, because the "mauling" of Main Street resulted in failure for so many other communities
across America, not to mention the tragedy of "urban renewal" programs that razed countless blocks
of historic architecture, the 1970s are rarely recollected by most downtown advocates with any
degree of nostalgia. In short, any downtown master plan proposing a pedestrian mall should be met
with extreme scrutiny before receiving a stamp of approval.
The true essence of every downtown plan is a collection of ideas. The misinformed notions below
are among those frequently voiced by citizens, sometimes voiced by elected officials, and
occasionally voiced by professional planners and downtown "experts" who should know better. Many
have some element of truth, but none is entirely accurate.
1. Our downtown just needs one "big ticket" development to turn things around.
Rarely does a "quick V' really repair a downtown over the long haul. Developments such as sports
facilities and casinos can vanish as quickly as they arrived, and even if they stick around, their
novelty to the public may not.
Downtowns that have reversed their downward spirals to become success stories have typically
done so incrementally, through numerous small steps over time. Most struggling downtowns did not
reach their current conditions overnight, so turning them around overnight is unquestionably
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Top Ten Myths of Downtown I"anning « Walkable Eastwood Page 2 of 3
2. Replacing some existing buildings with parking lots will bring more shoppers downtown.
Buildings are the most fundamental element of any downtown. Generally speaking, more buildings in
a downtown — particularly occupied ones — are better than fewer buildings because the activities
that occur inside them attract people and their money. People do not visit downtowns to park their
cars.
Furthermore, in the case of historic or unique buildings, it is their character that helps make the
downtown unique. While parking lots located interior to their blocks are necessary, those fronting
directly onto streets create dead spaces along the streetscape and are visually unattractive. Parking
is a challenging issue for most downtowns and one that must be addressed, but razing buildings is
rarely the long -term solution.
3. Our strategy for revitalizing downtown should focus on retail.
Successful downtowns enjoy a rich mixture of diverse uses, including offices, housing, institutions,
entertainment, and, yes, retail. However, a singular focus on retail is usually an ill- advised strategy,
despite that fixation for so many downtown revitalization programs.
In fact, given its importance to most downtowns, housing is often the best bet of any component of
downtown to promote — though success with housing is frequently difficult to achieve. In addition to
providing further market support to retail and other uses, residents make their downtown feel
inhabited and safe, thereby attracting those living outside of downtown to visit for shopping, dining,
cultural events, and other activities.
4. Attractive new brick sidewalks will bring more people downtown.
New sidewalks, as with streetscape improvements in general, are certainly useful in broadcasting a
message that downtown is important to the community. As part of a comprehensive urban design
strategy, they will sometimes even stimulate adjacent private development, which can indirectly
attract more people to the downtown. However, very few people visit downtowns simply to enjoy
their high - quality sidewalks, so their value must always be kept in perspective.
5. Downtown needs a large national department store to compete with the suburban malls.
Unless a downtown is large enough to enjoy the market support of thousands of people on any given
day, in most cases time should not be wasted trying to recruit a national department store. National
stores' numeric criteria for trade -area employees, residents, and vehicular traffic, as well as sales
volume potential per square foot, are typically too high for all but the largest downtowns to meet.
Instead, most downtowns are better served by focusing on niche retailing that suburban malls are
not filling, in addition to other uses such as offices, housing, and institutions.
This principle does not preclude targeting smaller stores that happen to be national chains or
franchises, as a limited number of such tenants are usually desirable to supplement locally owned
businesses. However, unique, independently owned stores are among the strongest draws for most
downtowns.
6. On-street parking should be converted to another driving lane to improve traffic flows for
the benefit of downtown.
The inability of vehicles to flow quickly through its streets is not the root of a downtown's problems. A
lack of destinations to attract vehicles and their drivers to the downtown is more likely the challenge.
On- street parking is important as a convenience to shoppers and diners, as a traffic calming device
for drivers, and as a physical and psychological barrier protecting pedestrians from moving vehicles.
The conversion of on- street parking to driving lanes simply results in faster moving traffic that makes
downtowns less pedestrian - friendly and less business - friendly.
7. Existing one -way streets should be maintained for traffic flows that will benefit downtown.
Even more alarming than simply maintaining the status quo, some communities that are still stuck in
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Top Ten Myths of Downtown Planning « Walkable Eastwood Page 3 of 3
t
way couplets. One -way traffic is more beneficial to through traffic than it is to traffic for which
downtown is the destination.
For most downtowns, one -way streets prove unnecessary and even counterproductive because they
encourage speeding, limit the visibility of retailers, and are confusing to new visitors to downtown.
Confused visitors can easily become irritated visitors, and irritated visitors may never return.
From a traffic flow perspective, one -way streets create many of the same problems caused by the
conversion of on- street parking into driving lanes, which, in turn, can generate the need for remedial
traffic calming measures.
8. Downtown special events are a waste of time and money because few dollars are spent in
businesses during the events and a great deal of preparation and cleanup are required.
In most cases, special events are more important for their long -term benefits than for their short-term
gains. Special events often attract some people who rarely or never frequent downtown, but their
attendance at a downtown event makes them aware of businesses or activities that they might seek
out at a later date.
Furthermore, a positive visitor experience during special events can reap tremendous future
rewards, including word -of -mouth advertising. Given the relatively low costs of preparation and clean
up, particularly if volunteers are mobilized, special events are a worthwhile form of promotion when
strategically linked to the downtown's particular marketing strengths.
9. One of downtown's primary streets should be closed to traffic and converted into a
pedestrian mall.
While that concept was in vogue during the 1970s, downtown experts are now recommending that
these streets be transformed back to drivable ones. Most Americans are still, and might always be,
too automobile dependent to completely abandon their cars. Pedestrian malls typically work only in
downtowns that have a high resident or employee density, large volumes of tourism, or some other
unique circumstance, such as an adjacent university.
Perhaps in theory it would be possible to regulate a downtown to death, but not in political reality.
Politicians enacting a detrimental level of regulation would likely be voted out of office. Well- crafted
and detailed codes, such as design standards for buildings and signs, might be considered overly
stringent by some, but they can clearly elevate the quality of the built environment if used properly.
A physically and aesthetically enhanced downtown typically results in increased property values
because of one simple principle: Real estate values are ultimately based upon the degree of a
place's desirability. While the associated increased rents can result in some businesses having to
relocate, they are usually replaced by more profitable ones.
Some of the most highly regulated downtown districts in America, such as Princeton's
Palmer Square, Charleston's King Street, Cambridge's Harvard Square, and New Orleans's
French Quarter, are also some of the most commercially successful. In fact, in 2005, the Old
Town district in Alexandria, Virginia, added yet another regulatory layer to limit chain stores and
ground -floor offices, yet its virtues as a fertile environment for prosperous businesses show no signs
of abating.
Philip Walker is the principal of The Walker Collaborative in Nashville, Tennessee. This article is
excerpted from Downtown Planning for Smaller and Midsized Communities, published this
spring by APA's Planners Press.
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Economic Redevelopment of Small -city Downtowns: Options and
Considerations for the Practitioner
by Harry M. Hipler
Page 39
Downtowns play an Important part in the strength of most cities in the U.S. From its inception, the
downtown has served as the gathering place for processions and celebrations of community events.
Downtown epitomizes the heart and soul of most cities.l For the past 20 years, there has been a rebirth in
small cities and their downtowns. These areas are considered to be nonprimary and noncentral cities
located within metropolitan areas with populations between 15,000 and 110,000. Many small -city
downtowns have experienced increases in the number of households in downtown and commercial
businesses, in spite of zoning laws that have encouraged suburban sprawl. The fact that many downtowns
have experienced such growth and development demonstrates a commitment to create a vibrant place to
live and work in an urban environment z
This article discusses alternatives and methods that can be used by real estate attorneys, developers, and
planners to enhance a small -city downtown while representing their respective public or private sector
client in developing an economic revitalization plan.
Economic Development in Small -city Downtowns in the Latter Half of the 20th Century
Small -city downtowns across the U.S. have been swamped with economic development problems since the
1950s. Encouraged by the passage of the Interstate Highway Act of 1956, development friendly tax
policies, municipal desire for revenue - generating commercial property, and growth of such discount
superstores as Wal -Mart and Target, commercial real estate development has substantially increased in
recent years. The new commercial space, which came in the form of shopping centers, discount
superstores, and shopping malls, transferred sales and jobs from downtown cities to another retail area:
the strip. The strip took sales away from downtown and caused Its businesses to move to the suburbs or
go out of business.
With fewer businesses, downtown became poorly maintained and rundown. Retailing, professional offices
i.e., medical, legal, financial), movie theaters, hotels, and government activities in facilities such as
libraries, post offices, and city halls were once dominant forces in downtown cities, but the movement of
these entities to the suburbs made downtowns less desirable places to experience. As such, the centrality
of functions that used to be offered by downtowns became less important and a vicious cycle arose in
which remaining businesses were forced to close or relocate elsewhere as the number of downtown visitors
declined. The image of downtown as an outmoded place with vacant storefronts, poorly maintained
buildings and sidewalks, and empty streets began to stick in the minds of many individuals as the city's tax
base decreased and development slowed.3
These forces and interrelated problems that added to the decline of downtowns help to explain the
dilemmas facing current small -city downtowns — difficulty in appealing to and drawing new development4
Factors that contributed to the decline of downtowns include their small size and small market area
demands; a sense of a "malaise" due to the perception that large- and medium -sized city downtowns with
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their larger workforces, market areas, and attractions have better available options to make downtowns
more exciting; the difficulty in attracting people to small -city downtowns on weekends and evenings while
large -city downtown counterparts often attract an active nightlife; and emerging competition from discount
stores and suburban malls outside downtown —Wal -Mart, Target, Kmart, and regional shopping malls on
the edge of the city. Additionally, the fear of an economic disaster caused by underused retail space — a
white elephant" — can destroy any simulation of vital street life In the immediate area in a small -city
downtown.5
Revitalization Strategies for Small -city Downtowns
Since the late 1980s, small cities have implemented a large number of strategies to economically revitalize
downtowns. These strategies commonly relate to urban design and land use, and in most cases they are
also integrated with financial and promotional methods to attract people and enhance economic
development. These strategies cannot be used in isolation, but rather they must be used in tandem. The
strategies have attempted to redevelop downtowns as a multifunctional place that make the downtown
experience distinctive and unique by combining retail, office, and residential features in the same district,
not just maintaining commercial businesses to accommodate the daily business environment and their
employees.6 Strategies to revitalize a small -city downtown Include:
1) Make downtown more pedestrian friendly — In a sustainable small -city downtown, pedestrians prefer to
walk. An emphasis on sensory experiences should include public art, active storefronts, attractive
landscaping, wide red brick sidewalks, decorative artistic benches, cafes and outdoor dining tables,
sidewalk merchandise displays, and signs.
2) Historic preservation of structures should establish the city's unique identity — Nearly all cities have
historic structures that need protection so they remain reminders of past time periods, events, and
persons. They provide important examples of architectural styles of past area landmarks, unique and
irreplaceable assets of the city, and its neighborhoods. They also provide present and future generations
with examples of physical surroundings from the past and enhance property values, stabilize
neighborhoods, and increase economic and financial benefits to the city and its inhabitants.
3) Waterfront development — A city waterfront can provide greater visual and physical access to the city.
Encouraging pedestrian access to the waterfront — whether it be adjacent or disconnected from the
downtown — should require construction projects, programs, and operations to achieve compatibility
between the city land uses and the waterfront. There should be a mixing of land uses upon which
waterfront- dependent and water - related property rely.
4) Office development — The office sector is a critical component in the sustainability of downtowns and is
one way to attract economic development in a small city. Offices support downtown economic revitalization
as feeders and office personnel, and their visitors use downtown hotels, shops, restaurants, and stores.
This sector also reaches out to young, well- educated professionals. Richard Florida, in The Rise of the
Creative Class,7 has argued that the "creative class" — self- motivated and creative people who are venture
capitalists and entrepreneurs, including professions such as artists, musicians, scientists, teachers,
doctors, and lawyers — will have a huge economic and social impact on work, leisure, community, and
everyday life in our cities. Another result of office development use is to increase downtown mixed use, so
that retail and residential uses can be included in the same structure. Such mixed use can include upper -
story residential places to live and lower -story retail and office space establishments to attract commerce.
5) Special pedestrian - oriented festival marketplaces and activities — These activities can help to attract
large numbers of visitors, many of whom come from outside the city. Public and private entities must
partner and promote diverse, pedestrian- oriented activities, including jazz groups, mimes, art shows, bric-
a-brac and fruit and vegetable markets, pop groups, concerts, street theater, cultural fairs, and dancing.
6) Transportation enhancement mechanisms are critical to economic development of downtown — Offering
trams and shuttle buses should help pedestrians get around without automobiles. Traffic engineering
techniques, such as signalization, turn lanes, and one -way streets, can be used to move traffic more
smoothly. For most Americans, the automobile is the dominant way of transport. Trying to improve the
flow of traffic on existing busy roads must be a major goal of small downtowns, as accommodating the
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automobile while remaining friendly to pedestrians and transit users is necessary to attract large numbers.
Offering alternative means of transportation — tram, shuttle bus, trolley, bicycle, walking — can help
pedestrians enjoy the downtown experience and forget that they are getting enjoyable exercise. Bicycle
lanes are an effective and inexpensive manner to turn automobi(e- dominated streets into more public
space, which is more in line with today's transportation needs and efforts to reduce congestion.
7) Multifunctional downtowns — It is best to have the widest variety of functions and activities in a
downtown. Housing, working, shopping, culture, entertainment, government, and tourist attractions should
exist to attract a large number and variety of users at different times of the day, night, and week. Mixed -
use development must be part of a successful downtown.
A practitioner can use these strategies to help redevelop a small -city downtown and develop a downtown
vision. Each community has unique, distinctive assets as its Identity and vision for downtown economic
redevelopment. If a city is historic, like St. Augustine, then it can emphasize its historic nature. It might be
the preservation of a cultural heritage like the Amish in Pennsylvania. A city might have preserved historic
structures from a different time period that can provide a central focus of its past, like Fernandina Beach.
It might be a history of antique stores, like Mount Dora and Dania Beach. For many smaller towns, the
preservation of a small town environment might be the primary theme to economically redevelop Its
downtown. The vision needs support from strong private /public partnership because the private sector is
critical to the success of any small -city downtown.
Comprehensive Land Use Plan and Regulations
Florida has a comprehensive land use planning and land development regulatory system. Local
governments are responsible for preparing comprehensive plans that, among other things, guide the use of
land, water, and resources. These local plans are required to be consistent with the State Comprehensive
Plan and F.S. Ch. 187, state administrative regulations, regional policy plans, and the planning council's
countywide plan. Local comprehensive plans are updated annually and undergo a formal evaluation and
appraisal process every seven years. Proposed amendments to plans are normally considered twice a year
and may be initiated by local government officials or by a property owner.$
The land use element of a comprehensive plan acts as a backbone for the future development of a city,
and contains a planned program to direct all physical development within a municipality. The plan defines
and secures future land uses and their locations; recognizes and accommodates the aspects of timing,
cost, and current development trends into future land uses; maximizes economic benefits for the
community in the future; and maintains consistency throughout the comprehensive plan to promote an
economically sound, balanced quality of life for the community. Goals include the promotion of orderly
growth, development, and placement of land uses to encourage a mix of land uses to promote a high
quality of life for residents now and in the future. In addition, orderly growth and development must be
sensitive to the natural environment and minimize any threat to the health, safety, and welfare of the
community and its residents.9
To actively guide economic revitalization, cities can create a community redevelopment agency (CRA). F.S.
Ch. 163, part III (2005) provides a mechanism for economic development of Florida's communities,
Including downtown central business districts, by the creation of community redevelopment agencies and
plans to eliminate blighted areas.10 Florida law defines "blighted areas" as an area in which there are
deteriorated and deteriorating structures that lead to economic distress.11 Blight has been very broadly
defined in Florida, and under the U.S. Supreme Court's decision in Kelo v. Town of New London, _U.S.
125 S. Ct. 2655; 162 L. Ed. 2d 439 (2005),12 eminent domain can be used to economically revitalize a city
by eliminating blighted areas. Kelo held that when a local government, as part of a comprehensive
economic plan of development, condemns private property to transfer it to another private party solely to
enhance the local government's tax base and hopefully to provide jobs, such governmental action is a
public purpose that is allowable under the U.S. Constitution. 13
Economic development is not statutorily defined, although the Florida Statutes suggest that economic
development should be encouraged to promote economic opportunity, retention and expansion of existing
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businesses, the recruitment of new businesses to encourage growth in areas experiencing insufficient
economic growth, tourism, industrial development, home construction, creation infrastructure, and job
creation and retention. 14 Downtown economic development is important to a community because It
enhances the social, political, physical, and economic values of the traditional central business district of Its
community. The goal is to expand and improve the livability and sustainability of the entire community by
attracting employment, shopping, recreation, and social activities. Any successful downtown economic
revitalization plan must be carefully organized, have long -term financial commitments, and receive
cooperation from property owners, business owners, local government officials, and residents of the
community.15
1 Michael A. Bumyidi, Downtowns: Revitalizing the Centers ofSmall Urban Communities (Routledge 2001); Suzanne G.
Dane, Mein Street Success Stories (1st ed. 1997); Kent A. Robertson, Can Small -city Downtowns Remain
Viable ?: A National Study of Development Issues and Strategies, 65 J. American Planning Association 270
Summer 1999); Richard V. Francaviglia, Main Street Revisited: Time, Space, and Image Building in Small -town America
University of Iowa Press 1996).
z Id.; Beth Siegel and Andy Waxman, Third -tier Cities: Adjusting to the New Economy, Reviews ofEconomic
DevelopmentLitemture and Practice (June 2001), available at www.eda.gov/ ImageCache /EDAPublic /documents/
pdfdocs/ Sg3lr __5f8_5fsiegel_2epdf /vl/ig31r 5f8_ 5fsiegel.pdf. It is estimated that the U.S. has
approximately 20,000 cities. Of those cities, approximately 360 cities have between 50,000 and 100,000
people; 1,150 cities have between 10,000 and 50,000; and approximately 17,000 cities have fewer than
10,000 people. See S. Lovely, T. Rowley, and D. Freshwater, The Morphing of Main Street USA: The Future
ofAmerica's Heartland Cities and The New Cities Principles, New Cities Foundation (2001), available at
www.kic.org /u —publications/ NewCities5ynthesis.pdf.
3 Id.
4 See note 1.
5 G. Ferguson, Characteristics of Successful Downtowns: Shared Attributes of Outstanding Small & Mid -
Sized Downtowns, Ithaca Downtown Partnership (2005), available at
www.nypf.org /documents /greatdowntowns.doc; G. Ferguson, Downtown. Does It Matter ?, Ithaca
Downtown Partnership (2004), available at www.communityfoundationoftc.org /library/documents /12 -21-
04DOWNTOWNFINALEXSUM.pdf; Robert E. Lang, Office Sprawl: The Evolving Geography of Business, The
Brookings Institution Center on Urban & Metropolitan Policy (October 2000), available at
www.brookings.edu /es /urban /officesprawl /lang.pdf; B. Katz & B. Bernstein, The New Metropolitan Agenda:
Connecting Cities & Suburbs, 16 The Brookings Rev. 4 (1998); Kent A. Robertson, Can Small -city Downtowns
Remain Viable ?: A National Study of Development Issues and Strategies, 65 J. American PlanningAssociation
270 (Summer 1999).
6 See notes 1 and S.
7 Richard Florida, The Rise of the Creative Class: And How It's Transforming Work, Leisure, Community, and Everyday Life
Perseus Books Group 2002).
a Fla. StaL § §187.201 (5)(16) (17)(18)(19) (20)(22)(24)(25) (2005).
9Id. Although there is no fixed definition of what constitutes "sustainable development," urban identity,
economic development, community life, safety, and environment, among other things, help to achieve a
high level of quality of life and are at least implicitly provided for in these statutes. Credit for originating
the sustainable development concept may be attributable to many different sources. One of the most
important sources is the 1987 report of the World Commission on Environment and Development (WCED
1987), which is referred to as the Brunddand Commission's report, Our Common Future: From One Earth
to One World. This report called for concepts of development that advanced the material wishes of the
present generation without stopping future generations from having the resources required to meet their
needs and wants. (World Commission on Environmental Development 1987). The State Comprehensive
Plan follows this viewpoint.
10 See Fla. Stat. Ch. 163, (2005).
11 Fla. Stat. §163.340 (8) (2005).
12 To say the least, the U.S. Supreme Court decision in Kelo was unpopular. For a number of legislative
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reactions to the decision see Alan Weinstein, Kelo and Counting: The U.S. Supreme Court Invited the
States to Change Their Eminent Domain Laws. Now It's Happening, Planning 24 (June 2006).
13 Id.
14 See Fla. Stat. Ch. 163, 187 (2005).
is Fla.Stat. § §163.340 (8)(9)(10) (2005); § §163.355, 163.356, 163.360, 163.362 (2005).
Harry M. Hipler is a sole practitioner in Dania Beach and practices in the areas of municipal law, family
law, and commercial litigation. He received his J.D. in 1975 and an LL.M. in taxation in 1981.
This column is submitted on behalf of the City, County and Local Government Law Section, Mary Helen
Campbell, chair, and Jewel W. Cole, editor.
Revised: 02 -10 -20121
Journal HOME
2013... ___... .,__...._.... _...-.,.....,.._...__....._....._..., .__... ..._._.,._...._:. .....- _._.....
a......_...- ....>._, _.._.__....._,_......,_._. _.
The Florida Bar I Disclaimer I Top of page I PDF
lhttn• /h flnridahar nra/T)TVCOM /TN /TNTmmmni0I ncf /Anthnr /7979R7RFF6RT)2R97R52__ 9/12/2013
C IC
UMBERT
q"wAa6 eaa art
524 San Anselmo Avenue, #333
San Anselmc, CA 94960
License 722006
415.497.1333 Phone
415.460.1281 Fax
Loic@loichumben.com
www.loichumberl.com
Vasa Becam
101 Larkspur Landing Circle
Larkspur, CA 94939
Job: 1704 Tiburon Blvd, Tiburon
Estimate
Estimate No: 1309271
September 27, 2013
Approved
THANK YOUI
1,1 Exhibit "E"
439,000.00
i
BUDGET PRICINGTO BUILD OUT SHELL FOR RESTAURANT /CAFE AT 1704TIBURON BOULEVARD, TIBURON. 0.0
Demolition and disposal 10,000.04
Framing, insulation and drywall 30,000.0
Plumbing, including upgrade to water and gas service, grease interceptor, supply and waste for kitchen and bathrooms, water
eater, tortures and trim.
120,0000
Electrical 15,000.0
Hood and Ore suppression for grilUstove. 15,000.0
Fire sprinklers, including MMWD at street, connecting from sheetto riser, new sprinkler riserand sprinklers throughout 1001000.0
ADA- compflance work, including mnecling Interior and exterior elevation issues, creating required clearances, installing
mmpliantfixtures and si ne e.
50,000.0
Mechanical work 20,000.0
Overhead 50,000.0
Profit 29,000:0
Approved
THANK YOUI
1,1 Exhibit "E"
439,000.00
SPN/IPI P APPPAKAI ¢ IN(`
SEMPLE APPRAISALS, INC,
Siobhon Semple Stoddard, MAI
Mary Patricia Semple, SRA
Shelia Semple Monti
December 13, 2013
Mr. Neil Sorensen
Attorney at Law
950 Northgate Drive, Ste. 200
San Rafael, CA 94903
Charles P. Semple, MAI (1932 -2006)
File #: 13086
Re: Market Rent Estimate for 1704 Tiburon Boulevard, Tiburon
Dear Mr. Sorensen:
At your request, I have visited the property at 1704 Tiburon Boulevard, Tiburon, CA in
order to develop an opinion of the potential uses and market rent for the space.
I made all necessary investigation and analyses, to prepare the enclosed market rent
analysis in a summary appraisal report. After a review of the Tiburon commercial real
estate market, and facts provided on the subject as outlined in the attached report, I have
formed an opinion that:
the Market Rent for the space at 1704 Tiburon Boulevard, Tiburon as of
December 2, 2013, with the zoning limiting it to retail use, is $3.25 /month or
4,208.75 /month for a gross lease.
restaurant use of 1704 Tiburon Boulevard is not financially feasible, due to the
cost conversion to that use.
service retail or personal service uses are not suited to the subject space, due to
the lack of street parking near the building.
if office use were allowed in the space, there would be a larger pool ofpotential
tenants, so a higher rental rate and superior occupancy would be possible.
The cities of Mill Valley, Larkspur, San Anselmo, and Novato specifically permit real
estate offices in the downtown retail core, though general office is sometimes not
permitted on the ground floor downtown.
These opinions are made subject to the enclosed assumptions and limiting conditions.
This letter must remain attached to the report, in order for the value opinion set forth to
be considered valid.
2
Suite E 55 Professional Center Parkway San Rafael, Ca. 94903 415/472 -7833 FAX 415/472 -3047
Mr. Neil Sorensen
Attorney at Law
December 13, 2013
This report is intended for use only by our client, Neil Sorensen, Attorney at Law who
represents the property owner in consideration of a Conditional Use Permit with the
Town of Tiburon. Mr. Sorensen, the property owner K2 Properties LLC, Ms. Vesa
Becam and Mr. Theo Banks of Keegan & Coppin Realtors, and the Tiburon Town
Council are the intended users of this appraisal. The report may not be used or relied
upon by anyone other.than the client, for any purpose whatsoever, without the express
written consent of the appraiser. This report is not intended for any other use.
1 I, the undersigned, do hereby certify that to the best of my knowledge and belief, the
statements and opinions contained in this appraisal are correct, subject to the
aforementioned Limiting Conditions. Also, that this appraisal has been made in
conformity with and is subject to, the requirements of the Code of Ethics and Standards
of Professional Conduct ofthe Appraisal Institute.
Yours truly,
Siobhan Semple Stoddard, MAI
AG006355
7
r --
TABLE OF CONTENTS
PREMISES OF THE REPORT
IDENTIFICATION OF THE REAL ESTATE ................. ...............................
IDENTIFICATION OF THE PROPERTY RIGHTS TO BE VALUED .................
USEOF THE REPORT .............................................. ...............................
DATE OF THE VALUE ESTIMATE ............................ ...............................
SCOPE OF THE ASSIGNMENT .................................. ...............................
ASSUMPTIONS AND LIMITING CONDITIONS
11
5
5
5
5
6
CERTIFICATION............................................................................. ............................... S
LocalArea Map ........................................................................... ............................... 9
TOWN OF TIBURON ....................................................................... .............................10
1704 TIBURON BOULEVARD, TIBURON ................................... .............................11
SITE................................................................................................ ............................... 11
Assessor's Plat Map................. :.......................... ...... ... .... ... ....... .... . .... ...................... 12
Town ofTiburon Zoning Map .................................................... ............................... 13
ZONING AND CONDITIONAL USE PERMIT ........................................ ............................... 14
IMPROVEMENTS.............................................................................. ............................... 15
HISTORICLEASES ........................................................................... ............................... 17
Floorplan................................................................................... ............................... 18
SUBJECT PROPERTYPHOTOGRAPHS ................................. ............................... 19
VALUATION.................................................................................... ............................... 27
COMMERCIAL REAL ESTATE MARKET ............................................ ............................... 27
COMPARABLELEASES .................................................................... ............................... 30
Comparable Lease Summary ..................................................... ............................... 31
ComparableLease Map ........................................_.................... ............................... 32
SUBJECT FEASIBILITY ANAYLSIS .................................................... ............................... 36
Summaryofrental history .......................................................... ............................... 38
ADDENDA........................................................................................ ............................... 43
4
SEMPLE APPRAISALS, INC.
PREMISES OF THE REPORT
This is a market rent estimate for 1704 Tiburon Boulevard, Tiburon. The property is a
1,295 s.f, ground floor retail space in a 3 unit building at the comer of Tiburon Boulevard
and Main Street. A new tenant, Decker Bullock Realty has applied for a Conditional
Use Permit with the Town of Tiburon to allow a real estate office in this space.
Identification of the Real Estate
The subject of this assignment is 1704 Tiburon Boulevard, Tiburon, CA. It is one space
in a building including the addresses of 10 and 14 Main Street, Tiburon. It is a portion of
Marin County Assessor's parcel #059 - 102 -17.
Identification of the Property Rights to be Valued
The purpose of this appraisal is to estimate market rent that is defined as:
The rental income that a property would most probably command
in the open market; indicated by the current rents paid and asked for
comparable space as of the date of the appraisal.
Dictionary ofReal Estate Appraisal, 3rd Ed.
published by the Appraisal Institute
Use of the Report
This report is being prepared for our client, Neil Sorensen, Attorney at Law who
represents the property owner in consideration of a Conditional Use Permit with the
Town of Tiburon.
Date of the Value Estimate
This market rental estimate is being prepared as ofDecember 2, 2013 the date ofmy visit
to the property.
Scope of the Assignment
The property was visited on December 2, 2013 and additional information on the
property, leases and rental history was provided by the property owner and Vesa Becam
ofKeegan & Coppin Realtors. I was provided with a cost. estimate from Louie Humbert,
General Contractor for the cost to remodel the space for an alternative use. Recent
leases and asking rents for comparable commercial properties in Tiburon, and similar
spaces in southern Marin County were investigated through Bay Area Real Estate
Information Services Multiple Listing Service (MIS), Loopnet online service, the
Northbay Business Journal, other real estate websites, and discussions with local brokers.
Alternative uses of the property were considered, and information on downtown zoning
for other cities were investigated to find comparable downtown areas.
SEMPLE APPRAISALS, INC.
ASSUMPTIONS AND LIMITING CONDITIONS
This appraisal report has been made with the following general Assumptions:
1. No responsibility is assumed for the legal description provided or for matters
pertaining to legal or title considerations. Title to the property is assumed to be
good and marketable unless otherwise stated.
2. The property is appraised free and clear of any or all liens or encumbrances
unless otherwise stated.
3. Responsible ownership and competent property management are assumed.
4. The information furnished by others is believed to be reliable, but no
warranty is given for its accuracy.
5. All engineering studies are assumed to be correct. The plot plans and
illustrative material in this report are included only to help the reader visualize
the property.
6. It is assumed that there are no hidden or apparent conditions of the property,
subsoil, or structures that render it more or less valuable. No responsibility is
assumed for such conditions or for obtaining the engineering studies that may be
required to discover them.
7. It is assumed that the property conforms to all applicable federal, state and
local environmental regulations and laws unless the lack of compliance is stated,
described, and considered in the appraisal report.
8. It is assumed that the property conforms to all applicable zoning and use
regulations and restrictions unless a nonconformity has been identified,
described, and considered in the appraisal report.
9. It is assumed that all required licenses, certificates of occupancy, consents,
and other legislative or administrative authority from any local, state or national
government or private entity or organization have been or can be obtained or
renewed for any use on which the value estimate contained in this report is
based.
10. It is assumed that the use of the land and improvements is confined within
the boundaries or property lines of the property described and that there is no
encroachment or trespass unless noted in the report.
11. Unless otherwise stated in this report, the existence of hazardous material,
which may or may not be present on the property, was not observed by the
appraiser. The appraiser has no knowledge ofthe existence of such materials on
or in the property. The appraiser, however, is not qualified to detect such
substances. The presence of substances such as asbestos, urea - formaldehyde
foam insulation, and other potentially hazardous materials may affect the value
of the property. The value estimated is predicated on the assumption that there
is no such material on or in the property that would cause a loss in value. No
responsibility is assumed for such conditions or for any expertise or engineering
knowledge required to discover them. The client is urged to retain an expert in
this field, if desired.
C
SEMPLE APPRAISALS, INC,
ASSUMPTIONS AND LIMITING CONDITIONS, (coat.)
This appraisal report has been made with the following general Limiting Conditions:
1. Any allocation ofthe total value estimated in this report between the land and
the improvements applies only under the stated program of utilization. The
separate values allocated to the land and buildings must not be used in
conjunction with any other appraisal and are invalid if so used.
2. Possession of this report or a copy thereof, does not carry with it the right of
publication.
3. The appraiser, by reason of this appraisal, is not required to give further
consultation or testimony or to be in attendance in court with reference to the
property in question unless arrangements have been previously made.
4. Neither all nor any part of the contents of this report shall be conveyed to
any person or entity, other than the appraiser's or firm's client, through
advertising, solicitation materials, public relations, news, sales or other media
without the written consent and approval of the authors, particularly as to
valuation conclusions, the identity of the appraiser or firm with which the
appraiser is connected, or any reference to the Appraisal Institute or MAI
designation. Further, the appraiser or firm assumes no obligation, liability, or
accountability to any third party. If this report is placed in the hands of anyone
but the client, client shall make such party aware of all the assumptions and
limiting conditions of the assignment.
This appraisal is made with the following specific limiting condition:
1. This summary appraisal report presents only summary discussions of the data,
reasoning and analysis that were used in the appraisal process to develop the value
estimate. Supporting documentation is retained in my file, and the depth of
discussion is specific to your needs and for the intended use. We are not responsible
for its unauthorized use.
VI
SEMPLE APPRAISALS, INC.
r.
CERTIFICATION
I certify that, to the best of my knowledge and belief, ...
the statements of fact contained in this report are true and correct.
the reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, and are my personal, impartial, and unbiased
professional analyses, opinions, and conclusions.
this appraisal assignment was not based on a requested minimum valuation, a specific
valuation, or the approval of a loan.
I have no present or prospective interest in the property that is the subject of this
report, and I have no personal interest or bias with respect to the parties involved.
my compensation is not contingent on an action or event resulting from the analyses,
opinion, or conclusions in, or the use of, this report.
my analysis, opinions and conclusions were developed, and this report has been
prepared, in conformity with the requirements ofthe Code of Professional Ethics and
the Standards of Professional Practice ofthe Appraisal Institute and the Uniform
Standards of Professional Appraisal Practice.
the use ofthis report is subject to the requirements of the Appraisal Institute relating
to review by its duly authorized representatives.
as of the date of this report, I have completed the requirements under the continuing
education program of the Appraisal Institute.
I have made an inspection of the property that is the subject of this report.
no one provided significant professional assistance to the person signing this report.
I certify that my opinion of the market rent for the space at 1704 Tiburon Boulevard,
Tiburon, CA as of December 2, 2013 with the zoning limiting it to retail use, is
3.25 /month or $4,208.75 /month for a gross lease.
SIOBHAN SEWLE STODDARD, MAI DATE
AG006355
SEMPLE APPRAISALS, INC.
r
TOWN OF TIBURON
The Tiburon Peninsula is located 10 miles north ofthe heart of San Francisco. Averaging
from 1 mile to 1 % miles in width, the peninsula extends approximately 5 miles southeast
from the U.S. Highway 101 freeway into San Francisco Bay. From the hilly Tiburon
peninsula looking west and south one views Richardson Bay, Sausalito, the Golden Gate
Bridge and San Francisco Bay and the City of San Francisco. To the east are Angel Island,
Oakland, Contra Costa County and the northern portion ofthe bay.
The physical qualities, dramatic location and proximity to San Francisco all combine to
make this peninsula one of the most desirable residential areas in the Bay Area. Although
some of the least developed portions remain unincorporated, the majority ofthe peninsula is
now within the city limits of Tiburon, Belvedere and Corte Madera.
Population for the incorporated Town ofTiburon is estimated as approximately 8,600. The
median selling price reported in the Multiple Listing Service for a single family home in
Tiburon in 2012 was reported as $1,625,000, while the median sale price reported for the
whole County of Marin for the same period was $765,000.
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SEMPLE APPRAISALS, INC.
fr.
1704 TIBURON BOULEVARD, TIBURON
1704 Tiburon Boulevard, Tiburon, CA is a portion of a building at the corner of Tiburon
Boulevard and Main Street, Maria County AP4059- 101 -17, with additional addresses of
10 and 14 Main Street, Tiburon.
Site
The property is a triangular parcel on the southwest comer of Tiburon Boulevard and
Main Street in downtown Tiburon. Tiburon Boulevard in this area is a divided roadway
with a center median. Just west of the subject there is aside lane to the Boulevard with
on -street parking areas. In front of the subject, the Boulevard has a turn lane into Main
Street, and to the east a "round - about'. Main Street is one lane in each direction.
Properties on the east side of Main Street back to San Francisco Bay. There is a ferry
terminal on the bay at 21 Main Street, between the commercial buildings at the street
frontage.
The subject site is a small triangular shaped parcel, reported by the Assessor to be 3,500
square feet (s.f.) in area. It is level and at grade with the street. To the north ofthe
subject, at the street front on Tiburon Boulevard is a brick plaza area, improved with a
water fountain. On the plat map, the plaza and fountain appear to be in the right of way
for Tiburon Boulevard. To the west ofthe subject is Juanita Lane, a smaller roadway that
runs between commercial properties on Tiburon Boulevard and a private parking lot.
Properties surrounding the subject along Tiburon Boulevard and Main Street are
improved with commercial buildings. Across Main Street there are commercial
buildings improved as restaurants and retail stores.
11
nrn enir nnnnn inwin INI
Assessor's Plat Map
POR. SEC. 6, T f S, R. 5 W, M. D. 6.8M.
IWAR
Tex Ra[eIf." Area 59 -10dd -
CITY OF TIBURON
Tiburon Sub., RM 9k.6, Pg. 69 Assessor's Map Sk.59 -Pg. 10NOIF4,uui , YeckNimlvr,Yrour inYnpu. Self Nonk B Tida lands Map No. I. County of Merin, Calif.
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SEMPLE APPRAISALS, INC.
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Town ofTiburon Zoning Map
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SEMPLE APPRAISALS, INC.
Across Tiburon Boulevard from the subject is Point Tiburon Plaza, a retail and residential
development built in 1987 around a lagoon.
Zoning and Conditional Use Permit
As shown on the Zoning Map preceding the subject is outlined in blue and is zoned VC,
Village Commercial (pink). This zoning is along both sides of Main Street, and the
remainder of the downtown area has a zoning of NC, Neighborhood Commercial (red).
The purpose ofthese zoning districts are described by the Town as:
A. NC (neighborhood commercial) zone. The NC zone is intended toprimarily
providefor resident - serving commercial and office uses, while allowing
incidental residential uses and mixed -use commercial /residential projects in
accordance with the generalplan. Predominantly tourism - oriented uses (i.e.,
souvenir shops) are strongly discouraged in this zone, and streetfronting ground
floor office use restrictions apply toportions ofthe NC zone.
B. VC (village commercial) zone. The VC zone has the same permitted uses and
conditional uses as those setforth in the NC zone, except souvenir shops are
allowed. Street - fronting groundfloor office use restrictions apply toportions of
the VC zone (See subsection 16- 22.030.B).
Ord. No. 519 N. S., § 3(Exh. A), 3 -17 -2010)
A copy of the allowed uses in this zoning are included in the Addenda. Most retail and
service uses are allowed.
An application was made on August 14, 2013 for a Conditional Use Permit for the space
at 1704 Tiburon Boulevard for a change in use from Maria French Cleaners to Decker
Bullock Realty Inc. and for a "business and professional office" use. The Conditional
14
gPNAPI r OPPIJ0120I C IN(-
Use Permit was denied. At the October 23, 2013 Planning Commission Meeting the
Town of Tiburon also made an Amendment to the zoning 16.22.030, that is pending
approval by the Town Council, as:
Streetfronting groundfloor office uses shall not be permitted on street
addresses 1690 through 1704 Tiburon Boulevard inclusive. Tiburon Boulevard
fronting groundfloor offices uses shall not be permitted in newly - constructed or
redeveloped buildings located along "Upper Tiburon Boulevard", as that area is
defined in the Tiburon General Plan Downtown Element on Diagram 4.4 -1,
without the ground ofa Conditional Use Permit in compliance with
Section 16.52.040..... ..
The subject property is zoned VC, Village Commercial and is located in an area that does
not allow ground floor office uses.
Improvements
The property is improved with a two story, wood frame building built in 1950 with 4,155
s.f of building area, divided into three tenancies as:
10 Main Street 1,320 s.f. 151 floor retail
14 Main Street 1,540 s.f. 2nd floor office
1704 Tiburon Blvd. 1.295 s.f. 151 floor— Subject
4,155 s.f. Rentable
The building is irregular in shape, with angled walls to cover most of the triangular
corner site. 14 Main Street is a second floor space above 10 Main Street, with 1704
Tiburon Boulevard, a one story portion of the building along Tiburon Boulevard. There
is a small roof deck over a portion of the space.
The subject of this assignment is 1704 Tiburon Boulevard, which has frontage along
Tiburon Boulevard, facing the downtown plaza and fountain at the corner of Tiburon
15
SEMPLE APPRAISALS, INC.
Boulevard and Main Street. There is no on -site parking. The building does not have a
trash enclosure. Trash cans are now located behind the building on neighboring
property, by an agreement with that owner.
The space at 1704 Tiburon Boulevard has 1,295 s.f. of rentable area. It is irregular in
shape with a long frontage along the street, and a narrow depth. On the west side ofthe
space the building has a minimal depth, for a triangular shape to fit the parcel. The
building has a wood and stucco exterior. The finishes on the east side of the building
have larger glass storefront windows, stucco exterior, and a glass/wood entry door. The
eastern portion ofthe space has smaller windows and a second entry door.
The interior of the space is finished as:
floors: laminate and carpet
sheetrock walls
central heat and air conditioning
open room, with support beams and storage cabinets,
ramp to the western portion and a second open room with a built -in counter
rear kitchenette with counter, sink
one restroom in rear of western portion of the space with tile floor,
tile sink counter — reported to need a small expansion to meet ADA
requirements.
Please refer to the enclosed photographs for additional information on the space. The
space appeared in good condition at the visit, with older, but serviceable finishes.
16
SEMPLE APPRAISALS, INC.
Historic Leases
The space is now vacant and has been offered for lease at $4.50 per square foot on a
1 modified gross basis. It has been offered for lease since April 2013. The recent leases
and vacancies for the space are summarized as:
4 /13- present 8 mos. Vacant— offered at $4.50 /sf
10/10 -9/13 Leased at $3.09 to $3.86/sf to Maria French
Cleaners
1/09-9/10 21 mos. Vacant - offered at $4.15 /sf
II Maria French Cleaners had a lease until September 2013, but they were evicted in March
2013 for non - payment of rent. The property was offered for lease in April 2013 at
5,828 per month or $4.50 /sf/month.
A lease agreement was signed in July 2013 with Decker Bullock Realty for $5,500 or
4.25 /sf/month, contingent on approval by the Town of Tiburon. The lease agreement
includes 3 months of free rent to offset tenant improvement costs. The planned tenant
improvements were paint, carpet, and .a small expansion ofthe restroom so that it will
meet ADA requirements. The Town of Tiburon requires a Conditional Use Permit for
this lease.
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SEMPLE APPRAISALS, INC.
SEMPLE APPRAISALS, INC.
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SUBJECT PROPERTY PHOTOGRAPHS
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SEMPLE APPRAISALS, INC.
SU13JRCT PRnPF.RTV PWOT(N;R APPIZ
View south on Juanita Lane with subject on the left
21
SUBJECT PROPERTY PHOTOGRAPHS
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SEMPLE APPRAISALS, INC.
vest on Tiburon Blvd.— properties to the west of subject and
west of Juanita Lane front directly on street parking
23
SEMPI F APPPAISAI S IN('
SUBJECT PROPERTY PHOTOGRAPHS
1704 Tiburon Blvd. a long, narrow space fronting on the plaza
Door and larger windows on east side, 2 "d door and smaller windows on west
24
SEMPLE APPRAISALS, INC.
SUBJECT PROPERTY PHOTOGRAPHS
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SEMPLE APPRAISALS, INC.
SUBJECT PROPERTY PHOTOGRAPHS
Kitchenette area with sink and cabinets in rear
One restroom in the space — tiled with some ADA improvements
110
SEMPLE APPRAISALS, INC.
VALUATION
In order to form an opinion of the current market rent for the property, leases and asking
rents for similar space were investigated in Tiburon and similar southern Marin locations.
Commercial Real Estate Market
The commercial real estate market was affected by the recession, but is now showing
signs ofrecovery. From December 2007 to mid -2009 the country was in a recession with
many financial indicators on a downturn, wavering confidence in our economy, and
limited money available for any type of lending. Slowdowns in all types of business,
high unemployment, and the lack offunds for purchases or business development slowed
the real estate market. Recently there have been favorable signs that the recession is
over, with decreasing unemployment, increasing rental rates and more demand for real
estate. The market is still affected by some foreclosures from that period, and investors
are cautious.
Keegan and Coppin Realtors survey commercial space in Marin County and report
vacancies for the 3rd Quarter of 2013 as:
Vacancy Rate
Office Space: 20.6%
Retail Space: 4.9%
Industrial Space: 5.2%
The office market has been the most severely affected by the recent recession, with
industrial and retail markets showing some increases in vacancy, but less dramatic than
the office rental market. In Tiburon this survey reports a vacancy rate of 6.5 %, the
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SEMPLE APPRAISALS, INC.
lowest office vacancy in the county, due to the desirable location and limited supply of
office space available.
Another survey by Cassidy /Turley Commercial Real Estate as of the 3rd Quarter of 2013
reports a vacancy rate for Marin County office space at 16.9 %, with a combined vacancy
rate for Sausalito/Tiburon at 11.5 %. This survey reports the average office asking rental
rate for the county at $2.60 /sf Full Service and for Sausalito/Tiburon at $3.44/sf.
For retail space, Cassidy /Turley Terranomics does a survey of retail shopping center
space in Marin County. This survey reports a vacancy rate of 3.6% for retail shopping
center space, with an average asking rent of $1.74 /sf NNN. For southern Marin County
which includes Corte Madera, Greenbrae, Mill Valley, Sausalito and Tiburon this survey
reports a vacancy rate of 4.2 % and an average asking rent of $1.90 /sfNNN.
The recession had less impact on the Mann County commercial real estate market than
other areas, due to the lack of available space, and restrictions on new development. The
office market was more severely affected than the retail market in this area. As the
economy improves, the commercial real estate market in this area will also see economic
improvement.
Tiburon is a unique location for commercial real estate because most commercial uses in
Marin County are centered on Highway 101, the freeway, and main thoroughfare for the
county. Each community in Marin has also tried to develop a strong downtown area,
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SEMPLE APPRAISALS, INC.
with services for residents and a small community feel. The downtowns and allowed
zoning are summarized as:
Sausalito: The main street is Bridgeway, which benefits from the ferry service
and proximity to San Francisco. Downtown zoning is CC: Central Commercial
which encourages a wide variety of retail and service businesses, with ground
floor retail and upper floor residential use. This zoning allows most retail uses,
and requires a Conditional Use Permit for "office conversion of an existing or
previously- existing retail trade, commercial service, drinking/eating or residential
use." Banks and financial institutions, including real estate, also require a
Conditional Use permit to replace retail on the ground floor.
Mill Valley: Resident serving central downtown with a plaza at The Depot.
Downtown zoning is CG, General Commercial District that includes in the
permitted uses most retail use including real estate offices.
Larkspur: Historic downtown along Magnolia Avenue with resident serving
business. Downtown Zoning is SD, Storefront Downtown which permits most
retail uses, including "Offices having a retail service character, such as a real
estate office, travel agency, or insurance agency, may be located inprime retail
locations which are those tenant spaces at street -level with direct pedestrian
accessfrom Magnolia Avenue; all other administrative orprofessional office uses
are to be located in nonprime retail locations. "
Novato: Central downtown along Grant Avenue zoned CBD, Central Business
District. This zoning allows most retail uses and allows office use only on the
upper floor or rear of the site, except: Real Estate Offices and Travel Agencies
are separately listed as Permitted uses in this zoning.
San Anselmo: Downtown is along San Anselmo Avenue, zoned C -2 Downtown
Commercial District. This zoning has "Professional Real Estate" as a permitted
use. In this zoning, a Use Permit is required for changes in occupancy over 1,200
s.f.
San Rafael: The center of downtown San Rafael is Fourth Street. Downtown
zoning along Fourth Street is 4SRC: which is Fourth Street Retail Core. Office is
allowed only on upper levels or the rear of retail uses, and "office use onthe
Fourth Street frontage is limited to customer- service office use only ". This
allows banks and financial institutions, but not real estate offices.
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SEMPLE APPRAISALS; INC.
The recent leases, #1 through #4 in Tiburon are at $2.50 to $3.25 per square foot, all on a
gross basis. The asking rents, #5 through #10, are $2.50 to $3.25 per square foot, on a
gross or full service basis.
Lease 41 is a rental of ground floor space facing Tiburon Boulevard, which was leased to
the former tenant at 1704 Tiburon Boulevard. It is a corner space, with limited visibility,
but it has parking directly in front of the building. This building is zoned for
Neighborhood Commercial use and has both office and retail uses on two levels.
Another ground floor space in this building, of 3,000 s.f., was a hardware store for many
years. It has been offered for lease for the past 3 months, and Sam Ko with Meridian
Commercial reports that there are lease negotiations now to lease the space for $2.00 per
square foot, "as is ", for this larger space with older finishes.
Lease #2 is the lease of 2nd floor office space in a recently renovated building at 46 Main
Street. The ground floor retail space in this building is still being offered for lease,
Comparable #10. The listing agent reports that this space leased "right away" at
3.00 /sf.
Lease #3 is second floor office space in the same building as the subject, that was rented
in November 2012 at $3.25 per square foot. This space has access on Main Street, and
is located over 10 Main Street. 10 Main Street is the ground floor retail space in the
same building as the subject, but with frontage on Main Street. It was leased starting in
33
SEMPLE APPRARAI S. INC;.
May 2009 at $4.17 /sf with annual increases, but had a rent reduction during the recession
and is now leased at $3.83 /sf/month.
Lease #4 is rental of a ground floor retail space at 34 Main Street this year at $3.25/sf on
a 3 year lease. This space is owned by Argonaut Investments, who purchased several
downtown Tiburon buildings last year. The leasing agent for this space, Nick Egide of
Meridian Commercial reports that most leases on Main Street are at $3.00 to $3.25 per
square foot.
Leases #5, #6, #7 and #9 are asking rents in primarily office buildings along Tiburon
Boulevard. There are multiple spaces, first and second floor offered for lease at $2.50 to
3.00 per square foot on a gross or full service basis. Lease #6 is a small ground floor
office at 1610 Tiburon Blvd. that had been offered at $1,050 or $3.51 /sf/month, but was
recently reduced to an asking rent of $750 or $2.57 / sf/month.
Lease #8 is a 1,315 s.f. retail space on Main Street that is being offered for lease at $2.89
per square foot, by Zelinsky Properties. It has been vacant for the past 1.5 to 2 years.
Gail at Zelinsky Properties reports that she has had a lot of offers from restaurants, spas
and nail salons, but only retail use is allowed. Zelinsky Properties did lease a space
across the street at 35 Main Street to a restaurant, Luna Blue, but they reported it was a
complicated deal' and would not disclose the rental rate.
34
SEMPLE APPRAISALS, INC.
Lease 410 is asking rent for a retail space of 1,475 s.f. on Main Street, at $3.25 per square
foot. This space is offered by Nick Egide of Meridian Commercial who completed
leases #2 and #4 in the Lease Summary. This building has been remodeled and it has
been offered for lease for 6 months. The broker reports that the problem with leasing
this space is that the city is so specific on what uses it will allow; only straight retail. He
says that ifhe could have leased it as an office or a real estate office he "could have
leased it 5 times over ". This space has also been offered for lease as two spaces of 731
s.f. and 744 s.f. or as one space of 1,475 s.f.
The comparable leases are office and retail rents, some on the ground floor and some in
second floor spaces. A division by type of space is summarized as:
Retail Rent/sf/month
1 1630 Tiburon 5/13 Leased 2.50
4 34 Main St. 4/13 Leased 3.25
8 20 Main St. Listed 2.89
10 46 Main St. Listed 3.25
Office Rent/sf/month
2 46A Main 8/13 Leased 3.00
3 14 Main 11/12 Leased 3.25
5 1620 Tiburon Listed 2.50
6 1610 Tiburon Listed 2.57
7 1530 Tiburon Listed 2.64
9 1660 Tiburon Listed 3.00
On Main Street, whether ground floor retail, or second floor office space, ( #4, #8, #10,
2, #3) the rental rates range from $2.89 to $3.25 per square foot. On Tiburon
35
SEMPLE APPRAISALS, INC.
Boulevard the lease and asking rental rates are $2.50 to $3.00 per square foot for retail or
office space.
The subject space at 1704 Tiburon Boulevard was last leased at in October 2010 at
4,000 /month or $3.09 /sf/mo, and the rent was increased to $4,200 per month, or
3.24 /sf/month. The tenant paid sporadically, but stopped paying at all in the third year
when rent increased to $5,000 per month, or $3.86 /sf, and they were evicted.
The subject property benefits from a corner location in the central downtown, making it
superior to many of the comparable leases. Detracting from the space at 1704 Tiburon
Boulevard is the location on the plaza, not facing Main Street. Considering these
factors, for a lease of the property, under the current zoning for retail use, market rent is
estimated at $3.25/sf, which is rental income of.
1,295 s.f. building area x $3.25/sf = $4,208.75 /month
x 12 = $50,505 /year
Subiect Feasibility Analysis
The subject property is a portion of a commercial building, centrally located in downtown
Tiburon. Alternative uses ofthe space were considered to find that use that is
financially feasible and maximally productive.
36
OCRAMC nnnnnianin IKI
A history of the subject space facing Tiburon Boulevard, the retail space at 10 Main
Street, and the second floor office space at 14 Main Street has been provided by the
property owner, is included in the Addenda and summarized on the following page. This
summary shows all tenancies, rent paid and vacancies from January 2001 to the present, a
155 month period. The three spaces have the same landlord, same leasing agents, and
same lease type. The vacancy, collected rent, rental rates and average income are
summarized as:
1 /01 -11/13
155 months
Vacanc Collected Rent
of Due
Rental
Rates
Avg.
Income/
sf/mo
1704 Tiburon Bl. 53 months 73.8% 2.40 -$4.41 2.08
10 Main Street 2 months 97.5% 2.95 -$4.23 3.68
14 Main Street 16 months 96.5% 2.60 -$3.98 2.90
Over the past 12 years and 11 months, or 155 months, the space at 10 Main Street has
done well, with only 2 months of vacancy, and a 97.5% collection of rent due, for an
average rental income per square foot per month of $3.68. This space faces Main Street,
and it is a good retail location for Tiburon.
The space at 14 Main Street is a second floor space, generally less desirable than ground
floor space, but it has the benefit of allowing office use, so there is a larger tenant pool.
Over the 155 month period, at 14 Main Street, there were 16 months of vacancy, but the
tenants that occupied the space paid the rent due 96.5% ofthe time. The average rental
income per square foot per month for this space is $2.90. It is lower than the more
desirable ground floor space at 10 Main Street.
37
I
Summary of rental history
1704 TIBURON BLVD
DATES TENA[O:
1295 S.F.
RENT lOJ1I. NOTES
PAID NOTES
DDE PA D
D1lE
4 /13- PRESENT VACANT
2 /09- PRESENT
8 MONTHS
1D/10.3/13 MARIAFRENCH CINRS 150,40D 90,000 LEASE $3A9- $3.86 /SF-ERRATICPAY, EVICTED
1/09 -9110 VACANT 21 MONTHS
4/07 -12/08 PURE ELEGANCE 188,014 300,012 LEASE $4.00- $435 /SF- VACATED
7/06 -3/07 VACANT
STEPHEN'S ANTIQUES
9 MONTHS
7/04 -6/06 GALERY108 75,711 75,7112 YRS. AT$2AO TO$1.47 /SF
5/03 -6/04 VACANT
752,821 COLLECTED 97.5% OF DUE, 2 MONTHS VACANT
14 MONTHS
1/013/03 2M &G gigi 9SI 151 951 2 YR, 4 MO, 5TART$4.00/5F
566,078 417,676 COLLECTED73.8% OF DUE, 53 MONTHS VACANT
10 MAIN STR
DAM TENANT
1320 S.F.
9ENI RENT PAID NOTES
D1lE
2 /09- PRESENT MAYMADISON 299,022 299,022 START$4.17/SF, IN 2/12 REDUCED$3.71 /SF, NOW$3.83/SF
12/08 -1109 VACANT 2MONTHS
3/06 -10/08 SUGAR LUXURY 182,991 163,7872 YR. 8 MO AT$4A9 TO S4.231SF
1/01 -2105 STEPHEN'S ANTIQUES 129L= 5290.0125YR2 MO,START$3m. 14IGH$4.13, REDUCED LOW$295 /SF
772,026 752,821 COLLECTED 97.5% OF DUE, 2 MONTHS VACANT
14 MAIN STREET
DATES IENAfR
1540 S.F.
AENI RENTPAID NOTES
D17E
11 /12- PRESENT MARTIN BLDG CO 60,150 60,15013 MOS.,$325 START, NOW$334 /SF
11/11 -10/12 VACANT 12 MONTHS
11/08 -10 /31 ARCHIPELAGO 208,424 299,5022YR, 11 MO, START $3.75, HIGH$398/SF
8105-9/08 GREENROCK CAP. 183,189 183,1893YR, 1 M0, START$3.05, HIGH$3.27/SF
6/05 -7/05 VACANT 2 MONTHS
10104 -5105 MCLAUGHUN &SOL 40,000 24,000 EVICTED, 10 MOS AT$2.60 /SF
8104 -9/04 VACANT 2 MONTHS
1/01 -7/04 2M &G 225,57$ S226,5793YR, 7 MO, 5TART$3.12, HIGH$3.64/SF
718,342 693,420 COLLECTED 96.S% OF DUE, 16 MONTHSVACANT
SEMPLE APPRAISALS, INC.
The space at 1704 Tiburon Boulevard has been vacant for 53 months out of the 155
month period, and the collected rent was 73.8% of the rent due. The last tenant was
evicted in March 2013, and the tenant before that vacated the space in December 2008
before lease expiration. The average income per square foot per month is $2.08, less
than the average for 10 Main Street and 14 Main Street. The subject space has inferior
occupancy and a lower average income rate, possibly due to its location, facing the plaza
on Tiburon Boulevard and its irregular shape.
Due to the difficulties in maintaining a tenant in 1704 Tiburon Boulevard, a lower rental
rate would be anticipated. Alternative uses for the space might be considered, but
potential tenants in the property are restricted by the VC, Village Commercial zoning
which will only allow retail use.
A restaurant use might be allowed with a Conditional Use permit, and has been
considered for the space. Lease of the property to a restaurant tenant would require
remodeling the space for that use. Included in the Addenda ofthis report is an estimate
from Loic Humbert, General Contractor to remodel the space for restaurant use, which is
summarized as:
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SEMPLE APPRAISAI S. INC.
Demolition and disposal $ 10,000
Framing, insulation, drywall $ 30,000
Plumbing, upgrades to water, gas,
grease, kitchen, baths, water heater, fixtures, trim $120,000
Electrical $ 15,000
Hood and fire suppression for grill/stove $ 15,000
Fire sprinklers, connect street to riser, new spinklers, risers $100,000
ADA compliance work, elevation, clearances, fixtures $ 50,000
Mechanical work $ 20,000
Overhead $ 50,000
Profit 29,000
439,000
The contractor's bid to remodel for restaurant use is $439,000. This is for remodeling,
addition of a kitchen, upgrade for two restrooms, and addition of fire sprinklers needed
for the remodel. There would be additional expense for sewer and water fees, and a
trash enclosure would probably be required for this use. There is no area on the subject
property for a trash enclosure.
For the landlord spending $439,000 today on a 5 year lease, the straight return on this
investment over 60 months is $7,316 per month. Over the 5 year time period, based a
safe rate of 4 %, this initial investment would require payments of $8,085 per month to
amortize the debt. From our review ofrents in Tiburon, market rent has been estimated
at $3.25 /sf/month or monthly rent of $4,209. A conversion to restaurant use is not
financially feasible.
The comparable leases do not include restaurants, but restaurants often rent at levels
similar to retail rents, especially in multi-tenant buildings. Some older restaurant rents in
the area are summarized as:
9]
RFNAPI G 4PPDAKAi C Mir'
Most similar in location to the subject is Sam's Cafe located at 27 Main Street. It was
purchased by the tenant in 2010, when the rental rate was reported at $47,500 per month
or $4.84 / sf/month. Sam's Cafe is superior to the subject as a free - standing building, on
the water, with a deck, and dock on the bay. A rental rate as high as Sam's at
4.84 /sf/month for the subject is $6,267 per month, still not sufficient to make the
restaurant use feasible.
Another possible use of the subject might be to divide it for use as two retail spaces.
There is one restroom in the building, so this would require remodeling to make a second
ADA accessible restroom. Due to the unusual narrow building shape, a tenant on the
west side of the building would have a smaller space.
Lease #10, is an asking rent at $3.25 per square foot for 1,475 s.f. facing Main Street, or
two spaces of 731 s.f. and 744 s.f. This space has been available for 6 months, and it
has not been rented as one space, nor two smaller spaces. This comparable suggests that
division of the subject space would not result in a higher market rental rate, so the cost of
an additional restroom is not wan-anted.
41
CFMPI F APPDAICZA1 C INIr'
Address Lease Area Rent Terms
Date Price /sf
711 E. Blithedale 9/09 1,599 s.f. 5,596 NNN
Rocco's Pizza 3.50 CPI 5 % -10%
Mill Valle
Dipsea Cafe Current -2010 4,672 s.f. 19,489 NNN
200 Shoreline 4.17
Mill Valley
Sams Cafd Current -2010 9,810 s.£ 47,500 NNN
27 Main St. 4.84 Restaurant and
Tiburon I retail/office
Most similar in location to the subject is Sam's Cafe located at 27 Main Street. It was
purchased by the tenant in 2010, when the rental rate was reported at $47,500 per month
or $4.84 / sf/month. Sam's Cafe is superior to the subject as a free - standing building, on
the water, with a deck, and dock on the bay. A rental rate as high as Sam's at
4.84 /sf/month for the subject is $6,267 per month, still not sufficient to make the
restaurant use feasible.
Another possible use of the subject might be to divide it for use as two retail spaces.
There is one restroom in the building, so this would require remodeling to make a second
ADA accessible restroom. Due to the unusual narrow building shape, a tenant on the
west side of the building would have a smaller space.
Lease #10, is an asking rent at $3.25 per square foot for 1,475 s.f. facing Main Street, or
two spaces of 731 s.f. and 744 s.f. This space has been available for 6 months, and it
has not been rented as one space, nor two smaller spaces. This comparable suggests that
division of the subject space would not result in a higher market rental rate, so the cost of
an additional restroom is not wan-anted.
41
CFMPI F APPDAICZA1 C INIr'
Consideration was made whether service retail or personal services uses might be suitable
for the subject space. Service retail or personal service uses might be: copy or
printing shops, florists, cleaners, picture framing, beauty shop or fitness studio. These
types of service retail uses have turnover ofcustomers, and are best served by readily
available parking. There is no on- street parking in front ofthe subject. There is a paid
parking lot to the rear of the subject, but customers don't want to pay for a space for a
short service visit. The Maria French Cleaners was a service retail use in the subject,
and they paid rent sporadically. They are now located to the west at 1630 Tiburon Blvd,
with parking directly in front of the building, which is better suited to their business
needs. Service retail or personal service uses are not suited to the subject space.
Market rent for the space at 1704 Tiburon Boulevard has been estimated, after a review
of comparable rentals in the area at $3.25 per square foot on a gross basis. This is based
on the existing space, with the current zoning allowing only retail use.
If office use were allowed in the space, there would be a larger pool of potential tenants,
so rental rates and occupancy might be increased.
W-J
r
QUALIFICATIONS
SIOBHAN SEMPLE STODDARD, MAI
EDUCATION
B.A. degree, Dominican College (cum laude) 1979
Appraisal Institute Courses for MAI 1988 -1992
Continuing Education — Appraisal Institute current
AFFILIATIONS
Member, Appraisal Institute, MAI designation 1995 —present
Certified General Real Estate Appraiser with
the State of California #AG006355 1993 — present
Licensed Real Estate Salesperson 1992 - present
Northern Calif. Chapter Appraisal Institute — Board of Directors 2001 -2003
Chair North Branch ofthe Northern Calif. Chapter AI 2000
President Marin County Appraisers Association 1998
Member San Rafael Chamber of Commerce
Affordable Housing Committee 1996 -2000
Competent Toastmaster, Toastmasters International 1999
I A' ; Iq
Semple Appraisals, Inc. - Appraiser 1988 - present
Financial Institutions -
Amex Life Assurance Co.- Manager /Cashier 1980-1988
Bank of Marin (Westamerica) - teller 1979
REAL ESTATE APPRAISAL CLIENTS:
City of Mill Valley , City of Tiburon National Park Service
County ofMarin City of Novato Bank of Marin
America California Bank The Mechanics Bank City National Bank
First American Title Fidelity National Title Dominican University
Novato Sanitary District Sanitary Dist. No. 1 Kendall Jackson
SMART Attorneys Property Owners
COURT TESTIMONY
Expert Witness: Bankruptcy Court Santa Rosa
SEMPLE APPPAI.SAI S. INC:.
r
Lease #1 -1630 Tiburon Boulevard — ground floor retail: $2.50 /sf
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SEMPLE APPRAISALS, INC.
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SEMPLE APPRAISALS, INC.
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asking $2.89/sf
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SFAAPI F APPPAICAI R I!\I(
COMPARABLE LEASE PHOTOGRAPHS
49
SEMPLE APPRAISALS, INC.
Municode r'
Tiburon, California, Code of Ordinances » 7
ZONING >> 16 -22 Commercial Zones »—
16.22 Commercial Zones
Sections:
i 16- 22.010 Purpose.
1 16- 22.020 Purposes of the commercial zones
http: / /Iibrary.municod 3Vprintaspx ?h= &clientID= 16657&HT1v1R.,,
IV - LAND IMPROVEMENT AND USE >> Chapter 16 -
16- 22.010 Purpose.
The purpose of division 16 -22 is tc establish the land uses that may be allowed within the
commercial zones established by section 16- 14.020 (zoning map and zones), determine the types
of zoning permit (if any) required for each use, and provide standards for site layout and building
size.
Ord. No. 519 N.S., § 3(Exh. A), 3 -17 -2010)
16- 22.020 Purposes of the commer
The purpose of each commercial
1 A. INC (neighborhood commei
resident - serving commerci
and mixed -use commercia
Predominantly tourism -orie
this zone, and street - front!
the NC zone,
B. VC (village commercial) zo
conditional uses as those
allowed. Street - fronting grc
zone (See subsection 16 -2
Ord. No. 519 N.S., § 3(Exh. A), 3 -17 -2010)
16- 22.030 Commercial zones all
zones.
is as follows:
al) zone. The NC zone is intended to primarily provide for
and office uses, while allowing incidental residential uses
sidential projects in accordance with the general plan.
ad uses (i.e., souvenir shops) are strongly discouraged in
ground floor office use restrictions apply to portions of
The VC zone has the same permitted uses and
t forth in the NC zone, except souvenir shops are
id floor office use restrictions apply to portions of the VC
030.8).
e land uses and permit requirements.
A. NC Zone.
1. Permitted uses in the NC zo ie.
a• Use - for -use changes (e.g., restaurant to restaurant) or minor structural
alterations when no Intensification of use, as determined by the director, is
proposed; except asset forth in subsection A.1.e below. Intensification of use
shall be measured in erms of parking requirements, number of employees at
maximum shift, total floor area occupied, vehicular trip generation, or other
factors within the reasonable discretion of the director.
Umicode
b. Lawfully existing use:
1
permitted to operate t
permits.
C. The Point Tiburon Pla
provisions of the Poir
Conditional use perm
be issued in accordai
are consistent with th
d. Drive - through restaur
l take -out service, are
J a. Tiburon Boulevard -frc
newly- constructed or
Boulevard ", as that a
Element on diagram e
compliance with sect
in compliance with SL
ground floor office us
f• Emergency shelters i
d
Government Code (s
d 2• Conditional uses permitted i
when a conditional use perr
conditional use permit). Adi
may be conditionally permiti
http: / /librarym>micode.ca - 1printaspx ?h= &clientlD= 16657 &HTMR...
established prior to December 26, 1990, shall be
rider the authority and limitations of applicable zoning
a commercial area shall continue to be regulated by
Tiburon precise plan and master conditional use permit.
s for new uses in the Point Tiburon commercial area may
e with provisions herein provided that such approvals
Point Tiburon precise plan and master use permit.
nts, and restaurants that primarily offer fast -food and /or
iting ground floor office uses shall not be permitted in
edeveloped buildings located along "Upper Tiburon
ea is defined in the Tiburon General Plan Downtown
4 -1, without the granting of a conditional use permit in
n 16- 52.040 (conditional use permits) and an exception
section 16- 22.040.8.1 (Exception for street - fronting
a in the NC zone).
1 compliance with Section 65582 of the California
e section 16-40 -060 [emergency shelters]).
1 the NC zone. The following uses shall be permitted only
It is granted, as provided in section 16- 52.040
itional uses, similar or accessory to those listed below,
d by resolution of the commission.
Artist supply stores Newsstands
Banks Nursery for the propagation and /or sale of
Blueprint and photocopying shops plants, shrubs and trees
Bus depot ffice building
Business and professional offices Off- street parking facilities; commercial
Business services including: and public
ddressing, duplicating, mailing and Opticians and optometrist shops
tenographic Outdoor eating and
Candy stores Paint and wallpaper
clothing and costume rental
area
Pet shops
establishments Photographic supply
Commercial place of amusement Photography studios
Dry goods stores Picture framing
Dwelling units Printing shops
Florists Radio and TV sales and service stores
Establishment serving any alcoholic Restaurant
beverage for consumption on the premises Service station
Furniture stores, new and unfinished Shoe stores
Garden supply stores Sporting good stores
Grocery stores tamp and coin stores
Hobby stores Stationary stores
Hotels and motels ailor and dressmaking shops
Household appliance stores heaters and playhouses
Interior decorating shops oy stores
ewelry stores ravel bureaus
1214/2013 4:22 PM
code ( http:// Iibrarymimicodc .cymlprint.aspa!b7—&cbenutr 10o:) I an ILVM...
LCO UICI gvuua ww w -
JLiquor or drug stores
Locksmiths
Meeting hall
Mortuary
Music stores
Newspaper publishing
B. VC zone. The VC zone has the sam
NC zone (see subsection A. above)
1. Souvenir shops are allowed
2• Street - fronting ground floor c
street addresses one throug
16- 22.040.B.2 (Exception fo
Ord. No. 519 N.S., § 3(Exh. A), 3 -17 -2010)
16- 22.040 Commercial zones g
A. General standards. Subdivisions,
land uses and structures, shall be
with the requirements in table 2-3
landscaping, parking and loading,
parking). The goals and principles
consulted in the review of substai
COMMERCIAL
land and structure regulations as those set forth in the
except as following:
the VC zone.
ice uses shall not be permitted on Main Street, covering
one hundred Main Street inclusive. See subsection
street - fronting ground floor office use in the VC zone).
development standards.
w land uses and structures, and alterations to existing
signed, constructed, and /or established in compliance
addition to the applicable development standards (e.g.,
in article III (general development standards and
the Downtown Tiburon Design Handbook shall be
re improvements for properties in downtown Tiburon.
TABLE 22 =3
tE DEVELOPMENT STANDARDS
Zon inimumHeight Limit I aximum FAR
Primary jActessoryLotArea
3.37' NC 10,000 30 ft.2
28' f.
Notes:
1. Unless a transfer of intensity has been approved in compliance with general plan downtown element
policies or the building is reconstructed pursuan to general plan downtown element policies.
For downtown properties with frontage on iburon Boulevard, thirty eight feet and no more than three
stories.
B. Exceptions.
1. Exception for street-fronting ground floor office use in the NC zone. An exception may
be granted to allow street -f onting ground floor office use otherwise prohibited by
section 16- 22.030 (commercial zones allowable land uses and permit requirements),
provided that the review a thority finds that the applicant has provided substantial and
compelling evidence that retail, restaurant, or personal service use is not
economically viable in the proposed location.
2. Exception for street - fronting ground floor office use in the VC zone. An exception may
12/4/2013 4:22 PM
unicode
be granted to allow street -fr
I section 16- 22.030 (commer
provided that a conditional 1
findings is made by the revi
Ia• The space proposed
restaurant, or persor
b• The applicant has pr
restaurant, or persoi
location.
C. Minor floor area additions. Minor f
be approved without the need for
area additions are. those that do r
division 16 -32 [parking and loadin
by the review authority that there
minor floor area addition.
D. Approval of a conditional use pen
the provisions of section 16 -52.0,
1. New construction or subdi%
2. Additions to existing structi
3• Reconstruction of existing
4 Grading of undeveloped or
Ord. No. 519 N.S., § 3(Exh. A), 3 -17 -2010)
r
http: / /librarymimicode.c . m/pnnt.aspXltr—&Cilentur100o / a ri I ivi&..
Jng ground floor office use otherwise prohibited by
it zones allowable land uses and permit requirements),
permit is secured and one or more of the following
authority:
the office use is not physically suitable for retail,
service use.
ded substantial and compelling evidence that retail,
service use is not economically viable in the proposed
or area additions to properties exceeding FAR limits may
general plan or zoning ordinance amendment. Minor floor
I materially increase parking demand (as defined in
standards]) or traffic generation. A finding must be made
Ill be no material adverse effects from the granting of the
Approval of a conditional use permit in compliance with
conditional use permit) is required prior to:
on of land;
s; and /or
land.
12/4/2013 4:22 PM
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umw 722006
01
UMBERT
524 San Anselmo Avenue, #333
San Anselmo, CA 94960
License 722006
415.497.1333 Phone
415.460.1281 Fax
Loic@loichumbert.com
v, ww.loichumbertcom
Vesa Becam
101 Larkspur landing Circle
Larkspur, CA 94939
Job: 1704 Tiburon Blvd, Tiburon
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Estimate
Estimate No: 1309271
September 27, 2013
Approved By. Date:
THANK YOU!
am
439,000.00
BUDGET PRICING TO BUILD OUT SHELL FOR RESTAURANT/ AFE AT 1704 TIBURON BOULEVARD, TIBURON. 0.0
Demolition and disposal 10,000.0
Framing, Insulation and drywall 30,000.0
Plumbing, including upgrade to water and gas service, grease interceptor, supply and waste for kitchen and bathrooms, water
eater, fixtures and trim.
120,000.0
Electrical 15,000.0
Hood and fire suppression for grill/stove. 15,000.0U
Fire sprinklers, Including MMWD at street, connecting from street t riser, newsprinkler riser and sprinklers throughout 100,000.0
ADA- compliance work, including correcting interior and exterior elalmIiantfixturesandsinae.
anon issues, creating required clearances, Installing 50,000.0
Mechanical work 20,000.0
Overhead _ 50,000.0
Profit 29,000.0
Approved By. Date:
THANK YOU!
am
439,000.00
oc. G-
November 30, 2010
Dear Kia,
r
Thank you for agreeing to participate in our interview regarding ways to
improve and add vibrancy to downtown Tiburon. Your insights and comments
are important to us because of your keen knowledge of the downtown.
By way of background, for some time now, a council "downtown committee' of
Mayor Dick Collins and Councilmember Jim Fraser has been working to create a
process to help improve the downtown environment here in Tiburon. As part of
this effort an outside facilitator has been engaged. Her name is Leslie Gould and
she has considerable experience in downtown revitalization issues. The first task
Leslie has set out is to meet with some of the key downtown stakeholders in very
small groups. After this step, a larger group meeting will be scheduled for early
2011, with eventual public meetings to follow if ideas are flowing and /or
progress is being made on identifying positive steps that might be taken.
For the interview with Leslie, you will be in a small group with Mrs. Chong
Cook, Nicole Roberts of the Mar West office park, Maria Della Santina who owns
the Koze property and Mrs. Zohre Grothe of Marin Land. The interview will
take a little less than one hour, and is scheduled for:
Date: Monday December 13, 2010
Time: 2:00 p.m.
Location: Tiburon Town Hall Conference Room (ground floor adjacent
to the Council Chambers); 1505 Tiburon Boulevard, Tiburon
Following the interview process, Leslie will provide Town staff with a summary
write -up of the themes, comments and suggestions made during her eight hours
of interviews, but no names will be used in the write -up and no specific
comments will be attributed to any individual, so please feel free to be open and
candid with Leslie about what is right and wrong with downtown today and any
ideas you have for improving downtown Tiburon.
The goal of this process is to identify a series of short-term and long -term actions
or strategies that could be implemented to improve the downtown. These could
range from installation of physical improvements (public or private), to business
attraction strategies, to changes in Town regulations and the permitting process.
Exhibit "G"
Physical improvements could include the following types:
Streetscape improvements (e.g., lights, signs, banners, street trees,
information displays)
New or improved public spaces or amenities
Changes to traffic patterns or parking
Enhanced pedestrian connections
New development (housing, mixed -use projects, etc.)
Facade improvements
Business attraction strategies could include the following:
Advertising campaigns and marketing
Branding
Improvements in tenant mix/vitality
Expanded Chamber of Commerce role
Changes in permitting and Town regulations could include the following:
Increasing allowable floor area, density, height limits, etc.
Increasing the number of uses allowed "by right' (without a use permit)
Other
All ideas are welcome, and sometimes even small changes can make a noticeable
impact!
Peggy Curran
Town Manager
Town of Tiburon