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HomeMy WebLinkAboutTC Agd Pkt 2015-03-04 (2)To: From: Subject: Reviewed By: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting March 4, 2015 Agenda Item: 1/ 110 Solano Street; Appeal of Planning Commission Review of Seasonal Rental Unit Permit to Operate a Portion of an Existing Two -Family Dwelling as a Seasonal Rental Unit; Courtney and Sandy Anderson, Owners/Applicants; Cathy and Joe Haraburda, Appellants; File No. SRU 2013-01; Assessor's Parcel Number: 059-143-35 6 #�_ PROJECT DATA Address: Assessor's Parcel No. File Number: Property Owners: Applicant: Appellants: Lot Size: Existing Use: Zoning: General Plan: Flood Zone: SUMMARY 110 Solano Street 059-143-35 SRU13-01 Courtney and Sandy Anderson Same Cathy and Joe Haraburda, 120 Solano Street 7,500 Square Feet Two-family dwelling R-2 (Two -Family Residential) High Density Residential X (Outside 500 -year storm event) On August 27, 2014, the Planning Commission conducted a review of the seasonal rental unit permit for the property located at 110 Solano Street. After considering testimony from the applicants and neighboring property owners, the Commission determined that the applicants were operating in substantial compliance with the requirements of their seasonal rental unit permit. The owners of the property at 120 Solano Street (Cathy and Jo Haraburda), hereinafter referred to as "appellants," have filed a timely appeal of the Commission's decision. The appeal is attached as Exhibit 1. BACKGROUND In March 2013, the Town received complaints from the owners of the property at 120 Solano Street about the use of the subject property as a seasonal rental unit. These neighbors provided Town staff with links to websites advertising the house as a seasonal rental. UWN Or I i1SUKON PAGE 1 OF 6 Tav,'n Council Meeting March 4. =015 permit. He specifically addressed complaints about noise, use of the swimming pool and use of the driveway. The Commission also heard from several renters who spoke about the behavior of the appellants toward them. At that meeting the appellant stated that the reoccurrences of over -occupancy, noise and lack of street parking demonstrated non-compliance with the conditions of approval of the permit. The appellant's attorney concurred that there were violations to the conditions of approval of the permit and stated his opinion that the only way to get control over the property was to rescind the permit. The applicant's attorney suggested that the Planning Commission continue the review hearing to give the applicants, appellants and their attorneys an opportunity to attempt to revise an existing maintenance agreement between the property owners to address the issues that have arisen from the seasonal rental unit. The Commission asked the appellants if they would be willing to consider a continuance for this purpose. Mr. Haraburda said that they would not be agreeable to such a discussion. The Planning Commission acknowledged that it was difficult for the Town to determine the veracity of complaints regarding the seasonal rental unit, but noted that suspicion of non- compliance was not proof of non-compliance. The Commission encouraged the applicants and the appellants to meet to work out their differences, but after the appellants indicated that they would not agree to a continuance, the Commission voted 2-0-1-1 (Williams abstained, Corcoran and Kulik recused) to find that the applicants were operating in substantial compliance with the requirements of their seasonal rental unit permit. On September 8, 2014, the appellants filed a timely appeal of this decision. BASIS FOR THE APPEAL There are two (2) grounds upon which the appeal is based: Ground #1: The seasonal rental unit is operating in violation of Conditions of Approval 1, 2, 3, 4, 6, 7 and 8 of the seasonal rental unit permit. Staff Response: Following are the conditions of approval contained within Planning Commission Resolution No. 2013-07 and the status of compliance for each: The approved permit is for the upper dwelling unit at 110 Solana Street only. The lower dwelling unit and the guest room above the garage are not approved as seasonal rental units. Status: The neighbors have complained on several occasions that the lower dwelling unit and guest room have been used by seasonal renters. The applicants have provided responses to these complaints that these areas have been used only by the owners themselves or by tenants staying longer than 30 days, which are not subject to the requirements of a seasonal rental unit permit. TOWN of TIBURON PAGE 3 OF 6 Tovoi Council \fleeting N9arch 4 ?oii Staff contacted the owners of the property, informed them of the need to obtain the necessary approvals for a seasonal rental unit and referenced the complaints from the neighbors. The owners stated that they were unaware of the Town's requirements and filed an application for a seasonal rental unit permit. The applicants included letters from seven (7) other neighboring property owners indicating that they had not been disturbed by the seasonal rental activity at the site. The applicants indicated that they sometimes rented out one dwelling unit while staying in the other, while on other occasions they rented out both dwelling units to one group of renters, and chose to either stay in the guest room on the site or stay elsewhere during the rental period. Staff determined that one seasonal rental unit application would be required for rental of each dwelling unit, and that the subject application therefore could only be utilized for one dwelling unit. On May 6, 2013, staff conditionally approved the subject application, including a condition of approval stating that the approved permit was for the upper dwelling unit only. On May 16, 2013, Joe and Cathy Haraburda, owners of the adjacent property at 120 Solano Street, filed an appeal of this decision. On June 26, 2013, the Planning Commission considered the appeal. At that meeting, the applicants and neighbors presented contrasting information about the operation of the seasonal rental unit. The Commission concluded that the main issues related to noise from the swimming pool shared by both property owners and shared off-street parking spaces. On July 24, 2013, the Planning Commission adopted Resolution No. 2013-07 (Exhibit 5) partially granting the appeal and adding the following conditions of approval to the seasonal rental unit permit: Vehicles of seasonal renters shall not utilize the private driveway behind the residences at 110 & 120 Solano Street. On-site parking for seasonal renters shall be limited to the lower garage at 110 Solano Street. 8. Seasonal renters shall not have use of the swimming pool or area around the pool under the ownership of 120 Solano Street. 9. The subject seasonal rental unit permit shall be reviewed by the Planning Commission in one year, or sooner at the discretion of Planning Division staff. REVIEW BY THE PLANNING COMMISSION Since the approval of the seasonal rental unit permit, the appellants and applicants have sent numerous e-mails to Town staff, most of which allege or refute potential violations to the requirements of the permit. The e-mails are collectively attached as Exhibit 8. The Planning Commission conducted the one year review of the permit on August 27, 2014. At that meeting, the applicant responded to the allegations made by the appellants. Dr. Anderson stated that many of the guests that have stayed in their dwelling have been either longer term guests (more than 31 days) or friends who did not pay rent and were not subject to the requirements of the seasonal rental unit permit, but he also admitted that several guests had been part of home exchanges, which Town staff determined were subject to the requirements of the TOWN OF TIBURON PAGE 2 OF 6 Tawn Coun it Mccriry '\March 4. '2015 2. The seasonal rental unit shall be operated subject to the conditions contained within the sample lease agreement submitted as part of this application and on file with the Town of Tiburon. Status: The lease agreement includes numerous restrictions on the use of the seasonal rental unit, including limitations on the use of the swimming pool. The neighboring property owners have repeatedly alleged violations of the swimming pool requirements. The applicants have responded that the pool has either been used by long-term renters who are not subject to the requirements of the seasonal rental unit permit or that the use of the pool has been consistent with these requirements. Occupancy of the seasonal rental unit shall be limited to no more than four (4) adult guests at any one time. Status: There have been no indications that the seasonal rental unit has been occupied by more than four adult guests at any one time. 4. There shall be a minimum of two (2) off-street parking spaces provided for the seasonal rental unit when in use as a seasonal rental. Seasonal rental occupants shall be required to park off-street at all times. Status: Two off-street parking spaces have been provided for the seasonal rental unit. Except for one complaint about handicapped guests temporarily parking to unload luggage, there have been no other complaints regarding off-street parking. 6. 777e seasonal rental unit shall not be rented out for large parties or special events. Status: There have been no indications that the seasonal rental unit has been rented out for large parties or events. 7. Vehicles of seasonal renters shall not utilize the private driveway behind the residences at 110 & 120 Solano Street. On-site parking for seasonal renters shall be limited to the lower garage at 110 Solano Street. Status: The neighboring property owners have alleged that the private driveway has been used on several occasions by seasonal renters. The applicants have responded that the driveway was used once by guests temporarily parking to unload luggage and that other driveway usage has been by long-term renters only. 8. Seasonal renters shall not have use of the swimming pool or area around the pool under the ownership of 120 Solano Street. Status: There have been numerous allegations by the neighboring property owners about unpermitted use of the swimming pool by seasonal renters. The applicants have responded in each instance that the swimming pool has only been used by long-term renters. The TOWN OF TIBURON PAGE 4 OF 6 Tien Council Mcetin Mardi 4. 201 applicants have also submitted several letters from long-term renters alleging harassment by the neighbors when using the pool. As noted above, at the August 27, 2014 meeting, the Planning Commission acknowledged that it was difficult for the Town to determine the veracity of complaints regarding the seasonal rental unit, but noted that suspicion of non-compliance was not proof of non-compliance. The Commission determined that none of the testimony presented by the appellants at the meeting demonstrated definitively that the applicants had not complied with the requirements of their permit. Ground 42: The Planning Commission ignored evidence in the record in seeking agreement between the applicants and the appellants to consider modifying a private maintenance agreement. Staff Response: The Planning Commission reviewed the numerous e-mails to Town staff by the appellants and applicants collectively attached as Exhibit 8 and heard from the applicants, appellants, their respective attorneys and others at the August 27, 2014 meeting. Much of this evidence is contradictory and the Commission acknowledged the difficulty in monitoring and definitively determining compliance with the conditions of approval. However, the Commission determined that based on the staff recommendations, evidence in the record and presentations and comments made at the meeting that the applicants were in substantial compliance with the terms of their permit. At the meeting, the applicant's attorney made the suggestion to the Planning Commission to continue the review hearing in order to pursue a revised maintenance agreement between the applicants and appellants to address the issues that have arisen from the seasonal rental unit. The Commission observed that there are long-standing problems between the neighbors and believed that a form of dispute resolution would be helpful, but this was a private matter between neighbors into which the Town should not insert itself. Once the appellants declined to agree to a continuance to pursue such a solution, the Commission voted to determine that the applicants were operating in substantial compliance with the requirements of their seasonal rental unit permit. K1109MIM 110 The Planning Commission appropriately conducted its review of the subject seasonal rental unit permit. Based on the preponderance of the evidence in the record, it appears that the applicants are operating substantial compliance with the requirements of their permit. 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 3), and close the public hearing. TOWN OF TIBURON PAGE 5 OF 6 Town Council Meeting Marek 4, 2015 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. 1. Notice of appeal 2. Appeal procedures 3. Planning Commission Resolution No. 2013-07 4. E-mail correspondence from applicants and neighbors 5. Minutes of the August 27, 2014 Planning Commission meeting 6. Planning Commission staff report dated August 27, 2014 7. Minutes of the June 26, 2013 Planning Commission meeting 8. Planning Commission staff report dated June 26, 2013 9. Letter and attachments from John Sharp, dated August 20, 2014 10. Letter from Christopher Skelton, dated February 10, 2015 11. Letter from Christopher Skelton, dated February 12, 2015 12. Notice of Action and adopted conditions of approval 13. Site plan of 110 & 120 Solano Street and 2200 Paradise Drive Prepared By: Daniel M. Watrous, Planning Manager S: Lld,ninistrationlTown CoundhStaf Reportsld01511darch 4 Drafts1110 Solana Street appeal reporl.doc TOWN OF TIBURON PAGE 6 OF 6 SEP — S 2014 L, SEP 0 8 2014 j TOWN OF TIBURON NOTICE OF APPEAL Town of Tiburon 1505 Tiburon Boulevard MUM. a 94920 Phone 415-435-7373 APPELLANTS) ww si tiburon ca us (Attach additional pages if necessary) Name: UaAq �,Wo( .Joc Harr ufd& ela Low 0%irn r,f l Mailing Address: _olif P(�}�2y$( tl CeMteNz �au�wac� F �je-100 SAA F ac( ('A 8410 3 Telephone__ 1 S "I�(Work) (Home) ACTION BEING APPEALED Review Authority Whose Decision is Being Appealed* .� „N, I�1G n �� i nn l G,1n1lA iSS1"bY� Date of Action or Decision Being Appealed: l—t�tat;; a S"l- Z'i � Name of M Type of Application or Decision: R n Pu 1 ^1 Seas mal '&fA71x j USP Pe"M4 z 0l 5 _01/7� GROUNDS FOR APPEAL (Attach additional pages if necessary) it &0115 GCr aVuld STAFF USE ONLYBELOW THJSLINE Last Day to File Appeal: 14gll � Date Appeal Filed: g/ �1 / ev FeePaid:s511.M Receipt No. �(� Date of Appeal Hearing: NOTE: Current Filing Fee is $500 initial deposit for applicant and $300 flat fee _ for non -applicant ' S..'Lldminislroe'onlFormsWonceof,4ppe lformrevised3-9-2010.doc Ip,�s�.��4rt � L15.�111Dr1 101, �. Law Offices of JOHN E. SHARP 24 Professional Center Parkway, Suite 10o San Rafael, CA 94903 John E. Sharp Telephone: (415) 479-1645 iohnna iohnsharolaw.com Facsimile: (415) 479-2648 August 20, 2014 Chairman Jon Weiner and Members of the Planning Commission C/O Dan Watrous 1505 Tiburon Blvd. Tiburon, CA 94920 Re: 110 Solano St. --Application for Seasonal Rental Unit Permit Review: hearing date -- August 27, 2014 Dear Chairman Weiner and members of the Commission: I am writing on behalf of Joe and Cathy Haraburda, the owners and occupants of 120 Solano St., immediately adjacent to the property of Courtney and Sandy Anderson, applicants for a Seasonal Rental Unit Permit, ('the Application"). For reasons set forth below, Mr. and Mrs. Haraburda oppose the Application. The conditions of approval imposed in SRU2013-01, ("the SRUP"), and Resolution 2013-07, allowing operation of a Seasonal Rental Unit have not been met, nor can the required findings for continued approval be sustained. Overview: In the approximately one year period of time following conditional approval of the SRUP, many emails and other correspondence have an exchanged between the Andersons and the Haraburdas. Reference is made to an email dated July 14, 2014 from Courtney Anderson to Dan Watrous. While we see no benefit to prolonging or responding to the character assassination set forth in that correspondence (and other communications from Mr. Anderson) Mr. and Mrs. Haraburda unequivocally deny references in Mr. Anderson's correspondence to "personal attack", "intimidation" or other flights of fancy as set forth in Mr. Anderson's email. Any contact between Mr. and Mrs. Haraburda and any party entering their property (including the parking easement and pool shared by the parties) has been in specific response to concerns regarding late-night entries to, or trespasses upon, the property of the Haraburdas. Mr. Anderson has chosen to characterize these trespasses as some means of intimidation when, in fact, Mr. and Mrs.Haraburda only seek to maintain the quiet use and enjoyment of their own property. The self-serving hearsay from so-called tenants (with whom Mr. Anderson obviously shares a contractual relationship) should be viewed with skepticism. Applicable Ordinances: Rather than engage in character assassination as set forth in Mr. Anderson's emails, Mr. and Mrs. Haraburda rely upon applicable law including, without limitation, sections 16-40.010 et seq. of the Tiburon Municipal Code (TMC). In particular, section 16 — 40.040, specific to EXHIBIT NO. V p, z oirS- AIGtCi'1t�IY elf � it Seasonal rental units, in addition to requiring a home occupation permit (TMC 16 — 52.110) provides, at subsections 4 and 5, that: "The use of outdoor yard areas, open decks, pools and the like shall not result in the production of excessive off-site noise, odor and other external disturbances. Said determination to be based on the judgment of the director...." "In no event shall the honor of the seasonal rental unit or their agent rent an individual room in the seasonal rental unit to a person, family, or other group of persons". Contrary to these requirements, the Andersons have repeatedly and consistently allowed individual rooms and portions of their home and garage unit to be used, on an itinerant basis, and for short periods of time (less than 31 days) for occupancy by large groups of people who have, among other things, held parties in the property, blocked Mr. and Mrs. Haraburdas' parking and access, generated noise late at night under Mr. and Mrs. Haraburdas' bedroom window all in violation of both the spirit and the letter of the seasonal rental unit permit and the Town's underlying ordinances. These violations have been documented by Mr. and Mrs. Haraburda, said documentation having been characterized by Mr. Anderson as some form of harassment. Every attempt by Mr. and Mrs. Haraburda to resolve these matters informally with Mr. and Mrs. Anderson has been met with denial and hostility, resulting in Mr. and Mrs. Haraburda having no recourse but to contact Town officials. Conditions of Approval and Related Violations: On May 6, 2013, Mr. Watrous, Planning Manager, wrote to Mr. Mrs. Anderson, specifically setting forth conditions of approval of the SRUP. Those conditions included that the permit is for the upper dwelling unit at 110 Solano St. only; occupancy of the seasonal rental unit is limited to no more than four adult guests at one time; the seasonal rental unit shall not be rented out for large parties or special events; and that the Town reserves the right to amend or revoke the SRUP for cause, in accordance with adopted regulations of the Town. Additionally, parking is to be provided, and the driveway is not to be used by the Andersons' visitors. As demonstrated herein, all these conditions have been repeatedly violated. Each of the above stated conditions has been violated prior to and during the period since granting of the SRUP. Evidence of those violations is not repeated here, inasmuch as Mr. and Mrs. Haraburda have documented said violations to the Town. For the Commission's convenience, attached hereto as Attachment A, and incorporated herein by reference, is a timeline, dated October 3, 2013, which documents the pattern of violations of the SRUP, and underlying ordinances. Most troublesome to Mr. and Mrs. Haraburda is the fact that the Anderson's have moved their dwelling to the small unit above their garage and have allowed short-term occupancy by more than four adult guests in not only the lower dwelling unit, but the entire main house and surrounding environment, including the pool. The lower garage has been converted to LAIUB1 T i\0.1 u n /1 / l4+tgc.iA An,a,it+ A if storage, in violation of the SRUP. The lower and upper units occupied by strangers have been used for large parties and special events, and, contrary to the admonition in Mr. Watrous's letter that "the use must remain in compliance with these requirements continuously", the Anderson's persist in exchanging their property with owners of properties in other locations, in order to subsidize their own travel, as well as, by Mr. and Mrs. Haraburdas' own direct observation, renting out the lower unit. Although the Anderson's currently live in the garage unit, they've also rented that unit to exchange tenants. Attached hereto as Attachment B, and incorporated herein by reference, is a copy of the website for rental of the Property, advertising rates for the upper and lower units, with facilities for 4-6 guests, clearly in direct violation of the SRUP. Finally, resolution number 2013 – 07 provides that shared use of the pool by tenants of Mr. and Mrs. Anderson would not be consistent with section 16-40.040 (four). Contrary to this finding, shared use of the pool area has consistently occurred. Similarly, the private driveway behind the residences at 110 and 120 Solano St. has been used on repeated occasions. Conclusion: Mr. and Mrs. Anderson have consistently and repeatedly violated virtually every condition of approval of their SRUP. In so doing, they have operated their property as a business, which is entirely inconsistent with the values sought to be preserved in the Town's ordinances. These abuses can only be stopped by revocation of the SRUP, and Mr. and Mrs. Haraburda respectfully request that said action be taken by the Planning Commission. Mr. and Mrs. Haraburda will be present at the meeting of August 27, 2014. Incorporated herein by reference for the Commission's review are Mr. and Mrs. Haraburdas' emails and letters, on file with the Town. Please include said correspondence in the administrative record, together with this letter and all other correspondence submitted by or on behalf of Mr. and Mrs. Haraburda. Please provide the undersigned with copies of any and all notices, agendas and staff reports associated with the application. truly yours, John E. Sharp enclosure as indicated cc: clients EXH—IBI T NO. 'p. qc;— Notice of Appeal- "Attachment B" SRUP 2013-01 Appellants appeal the Planning Commission's finding at the bearing on August 27, 2014, that Applicants, Courtney and Sandy Anderson have remained and are in substantial compliance with the Seasonal Rental Use Permit 2013-01/7, and, in particular, the conditions to said permit imposed by the Town. Specifically, Applicants have violated, without limitation, conditions 1, 2, 3, 4, 6, 7, and 8, of the permit, as amended by the Planning Commission at its meeting of June 26, 2013 (resulting in Resolution No. 2013-7), adopted July 24, 2013. While "Attachment A" to this appeal, consisting of this office's letter to the Planning Commission of August 20, 2014, sets forth the grounds for appeal, Appellants offer the following. The Planning Commission, at its meeting of August 27, 2014, sought agreement from Appellants and Applicants to continue the hearing in order to discuss modification of a private maintenance agreement, which is not part of the record in these proceedings. In so doing, the Planning Commission ignored the evidence in the record that Appellants have violated conditions of the SRUP. As will be presented to the Town Council, evidence exists, including photographs showing that Applicants fail to provide off-street parking, have allowed the private driveway to be used, have advertised areas of the buildings on-site excluded from the permit for occupancy, have allowed unpermitted use of the swimming pool and have exceeded the number of guests allowed to occupy the Seasonal Rental Unit, all in violation of the SRUP and the Tiburon Municipal Code. Appellants specifically request that 3 photographs submitted by them at the hearing of August 27, 2014, and accepted into the record, as well as all staff reports and correspondence produced at the Planning Commission level, be incorporated into the Town Council's agenda materials. EXHIBIT i , 0, l T. 5- OF!;-- TOWN COUNCIL POLICY 95-01 PROCEDURE FOR APPEAL OF PLANNING COMMISSION, DESIGN REVIEW BOARD, OR ADMINISTRATIVE DECISION TO THE TOWN COUNCIL 1. An appeal form, along with the required filing fee, must be filed with the Town Clerk not more than 10 calendar days following the decision tieing appealed. If the final day to appeal files on a Town -recognized holiday or a day when Town Hall is closed, the final day to appeal shall be extended to the next day at which Town Hall is open for public business. 2. If the applicant files the appeal, a filing fee deposit of $500.00 is required. Any remainder will be refunded; additional staff time or costs to process the appeal will be billed per the Town's hourly rate schedule or at cost. If the appellant is not the applicant, then a flat $300.00 filing fee is required. 3. In the appeal form, the appellant shall state specifically the reasons why the decision is not in accord with the purposes of the Zoning Ordinance or other applicable regulations, or the reasons it is claimed there was an error or abuse of discretion such that the decision is not supported by evidence in the record or is otherwise improper. As a general rule, all issues upon which an appeal is based must have been raised prior to the decision being appealed. 4. All grounds on which the appeal is based must be stated in the appeal form filed with the Town Clerk. Issues raised at a later time which were not raised in the appeal form need not be addressed by Staff nor considered by the Town Council in making a decision on the appeal. 5. The Town Staff will notify the appellant and applicant of the Council hearing date as soon as it is determined. Requests for postponement of an appeal hearing are not usually granted unless by mutual agreement of applicant and appellant (see attached Resolution for further details). 6. The procedure for presentation of the appeal at the Town Council meeting is as described below. In cases where the applicant and appellant is the same person, paragraph (c) below would not apply. (a) Town Staff will make a brief presentation (10 minutes maximum) of the matter and then respond to Town Council questions. (b) Appellant and/or appellant's representative(s) may make a presentation (20 minutes maximum) and then respond to Town Council questions. Appellant may divide up the 20 minutes between various speakers or have one speaker use all 20 minutes, so long as the time limit is observed. (c) Applicant and/or applicant's representative(s) may make a presentation (20 minutes maximum) and then respond to Town Council questions. Applicant may divide up the 20 minutes between various speakers or have one speaker use all 20 minutes, so long as the time limit is observed. (d) Any interested member of the public may speak on the item (maximum three (3) minutes). A speaker representing multiple persons (homeowner's association, advocacy group or official organization, etc.) will be granted a five (5) minute speaking time. (e) Appellant is entitled to a five (5) minute rebuttal of any comments previously made at the hearing. 7. The public portion of the item is closed and the item returned for deliberation by the Town Council. There will be no more public input accepted unless specifically requested by the Town Council. S. The Town Council will make a decision on the appeal or continue discussion to a specified date. Following a decision by the Town Council, Staff will return with an appropriate resolution at the next meeting. h2iMBII IN ). RECORDING REQUESTED WHEN RECORDED, RETURN TO: Tiburon Planning Division 1505 Tiburon Boulevard Tiburon, CA 94920 RESOLUTION NO. 2013-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON PARTIALLY GRANTING AN APPEAL BY JOE AND CATHY HARABURDA OF THE TIBURON PLANNING DIVISION STAFF'S APPROVAL OF A SEASONAL RENTAL UNIT PERMIT TO OPERATE A PORTION OF AN EXISTING TWO-FAMILY DWELLING AS A SEASONAL RENTAL UNIT AT 110 SOLANO STREET ASSESSOR PARCEL NO. 059-143-35 WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows: Section 1. Findings. A. On April 17, 2013, Courtney and Sandy Anderson (hereinafter referred to as "applicants") submitted an application (File #SRU13-01) to operate a portion of an existing two-family dwelling as a seasonal rental unit on property located at 110 Solano Street. The application consists of an application Form and supplemental materials received April 17, 2013. The official record for this project is hereby incorporated and made part of this resolution. The record includes, without limitation, the staff reports, minutes, application materials, and all comments and materials received at the public hearing. B. On May 6, 2013, Planning Division staff conditionally approved the subject application. On May 16, 2013, the owners of the property at 120 Solano Street (Joe and Cathy Haraburda, hereinafter referred to as "appellants") filed a timely appeal of this decision. C. The Planning Commission held a duly -noticed public hearing on the appeal on June 26, 2013, and heard and considered testimony from interested persons. D. The Planning Commission has found that the project is exempt from the requirements of the California Environmental Quality Act per Section 15301 of the CEQA Guidelines. E. The Planning Commission has found, based upon the application materials and analysis provided in the June 26, 2013 staff report, that the project, as conditioned, would be generally consistent with the applicable section of the Tiburon Zoning Ordinance, specifically 16-40.040 (Seasonal Rental Units) and other applicable regulations. The use TIBURON PLANNING COMMISSION RESOLUTION NO. 2013-07 07242013. 1 EXHIBIT NO. 3 of the swimming pool area shared with the appellants would be inconsistent with Section 16-40.040 (4), as the use of this outdoor space appears to have resulted in the production of excessive off-site noise. If seasonal renters are not allowed to use the pool area, the remaining characteristics of the seasonal rental use would be compatible with the quiet, small-town residential character of the surrounding neighborhood consistent with General Plan policy LU -2. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the Town of Tiburon does hereby partially upholds the appeal of Joe and Cathy Haraburda and imposes revised conditions of approval on the permit as follows: Vehicles of seasonal renters shall not utilize the private driveway behind the residences at 110 & 120 Solano Street. On-site parking for seasonal renters shall be limited to the lower garage at 110 Solano Street. 8. Seasonal renters shall not have use of the swimming pool or area around the pool under the ownership of 120 Solano Street. 9. The subject seasonal rental unit permit shall be reviewed by the Planning Commission in one year, or sooner at the discretion of Planning Division staff. 10. The Town reserves the right to amend or revoke this Seasonal Rental Unit Permit for cause, in accordance with adopted regulations of the Town. PASSED AND ADOPTED at a regular meeting of the Planning Commission on July 24, 2013, by the following vote: AYES: COMMISSIONERS: WELLER AND TOLLINI NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: WEINER AND KULIK ABSTAIN: COMMISSIONERS: CORCORAN LOU WELLER, CHAIR TIBURON PLANNING COMMISSION ATTEST: DANIEL M. WATROUS, SECRETARY TBURON PLANNING COMMISSION RESOLUTION NO. 2013-07 07/242013 EXHIBIT S Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Monday, August 12, 2013 8:56 AM To: Dan Watrous Cc: sanderson@coalesce.com Subject: Haraburda's Hi. Dan: Good morning. I hope you had a great weekend. Here is a heads up. I drove a friend who will be our housesitter while we are gone this week to the upper driveway to drop off their luggage to the upper apartment because they are handicapped. I dropped off their luggage and I parked her car before 10 PM. Joe Haraburda accosted us on the driveway and told us we could not use the driveway and then called me twice and left threatening messages on my voicemail. Since she is handicapped, I plan to have her take my space next to the upper doorway so she does not have to try to negotiate the spiral staircase or the driveway to get to her unit. I will have her use her handicapped sticker. Since she and some of her family are my housesitters, there is no reason that the Haraburda's can forbid them to use the driveway or my parking place next to the door. BTW, the Haraburda's put a new lock on the pool equipment door (we should have access per the maintenance agreement) and have keep the heat turned off since July 3, almost 6 weeks, so our family, friends, guests and long term renters cannot swim in it. I have not seen their renters for a long time so they are obviously gone or on extended vacation. The Haraburda's previously agreed to keep the heat on to 84 degrees (it is now 70) in return from my electricity and water. Further this week, I have a home exchange coming in for the lower level and after that a long term (>31 days renter) who is settling on a house in Belvedere. I apologize for the trouble all this is causing the Town. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com htti)://www.linkedin.com/in/coalescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 �/ EXHIBIT N0. -T R ( C)p [t& Dan Watrous From: Cathy Haraburda [c.haraburda@comcast.net] Sent: Monday, August 12, 2013 3:47 PM To: Dan Watrous Subject: 110 Solano Street violations Importance: High Dan, On Thursday, August 8, 2013, Courtney Anderson greeted 2 vacation renters for the lower unit @110 Solano Street. I was in the pool area when Anderson was showing them the pool. They left Saturday, August 10, 2013. Last night Sunday, August 11, 2013 a car drove down the driveway at 10:09 PM and woke us up with loud voices while unloading their luggage for the upper unit at 110 Solano Street. Joe went out and told them that they were not to use the driveway. Joe called Courtney Anderson on his cell phone to complain and Anderson would not answer. The Andersons are currently advertising their bottom unit and garage unit for rent. These were not given a permit. Cathy Haraburda EXHIBIT N0. 4 P. 2 or- cab Dan Watrous From: Dr. Courtney Anderson jcourtney.anderson@coalesce.com] Sent: Tuesday, August 13, 2013 12:08 PM To: Dan Watrous Cc: sanderson@coalesce.com Subject: RE: 110-120 Solano Street Resolution Dear Dan: Thank you. If the Town needs any verification on any of our guests please let me know. We have followed the Town's direction and it has cost us a lot of money and many disappointed visitors. We look forward to renting our permitted unit and having the Town participate. Just as a point of note. Joe came home last night while I was unloading and penned me in my car on my property. He then came to the driver's side door and yelled obscenities at me. He also claimed that all the police reports that documented what the Haraburda's did were fabricated by me?! He then accosted my housesitting guest while she and a family member were unloading groceries at the front door next to the driveway. My guest uses a cane and had a handicap sticker in plain sight. He stood blocking their way to the entrance making it difficult to unload. The Haraburda's are blocking the use of the entire pool area and driveway to our long term guests, friends and family that have nothing to do with the vacation rental unit at all. Furthermore as mentioned they have totally shut off the heat for five weeks making is uncomfortable to swim for any of us who have the right due to the easement agreement. Consequently, our handicapped housesitter, who we were going to let use our parking place next to the front door has to walk up the driveway with her cane to make entrance to the front door as she can't use the driveway without being accosted or spiral staircase closer to the street because of her handicap. She just doesn't want to be yelled at again. She and her family are defending our house while we are gone to Carmel through next Tuesday. If you need me for any reason, I can be reached on my mobile. Have a great week and once again, I apologize for their behavior. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com hftr)://www.linkedin.com/in/coalescecommunitv Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that conquer scientific barriers and speed the creation of better medicines, diagnostics and materials. t;XHIBIT N0. `F P, 3 or- a 6 Dan Watrous From: Joseph Haraburda pharaburda@oaklandchamber.com] Sent: Tuesday, August 13, 2013 3:42 PM To: Dan Watrous Cc: c.haraburda@comcast.net Subject: FW: 110-120 Solano Street Resolution Importance: High Dan what is the disability placard number and for what state? From: Dan Watrous [mailto:dwatrous(altownoftiburon.oral Sent: Tuesday, August 13, 2013 9:33 AM To: 'Cathy Haraburda' Cc: Jill Cingolani; 'Dr. Courtney Anderson' Subject: RE: 110-120 Solano Street Resolution Dear Cathy, Dr. Anderson has informed us that the seasonal renters in question were handicapped, with a handicapped placard for their car. The use of the driveway by handicapped guests is deemed by the Town to be a reasonable accommodation to meet their needs and the limitation on the use of the driveway will not be enforced in such instances. Please also remember that the limitations on the use of the driveway, swimming pool and all other conditions of approval of the seasonal rental unit permit do not apply to guests staying 31 days or longer. Sincerely, Dan Watrous Daniel M. Watrous Planning Manager Town of Tiburon (415) 435-7393 From: Cathy Haraburda fmailto:c.haraburda(abcomcast.netl Sent: Tuesday, August 13, 2013 8:59 AM To: Dan Watrous Subject: FW: 110-120 Solano Street Resolution Importance: High Hi Dan, Please let us know what action the City will take, if any, to stop Courtney Anderson from ignoring the approved resolution by the Planning Commission. Cathy Haraburda EXHIBIT NO. 1 �. 4oF l06 Dan Watrous From: Joseph Haraburda Oharaburda@oaklandchamber.com] Sent: Tuesday, August 13, 2013 4:58 PM To: Dan Watrous Subject: RE: 110-120 Solano Street Resolution Dan I find this difficult to accept. If in fact the person or persons are disabled then they should be required to prove it. Can someone park in a disabled space in the Town of Tiburon without a placard and not be fined? You are saying that we (the Haraburda family) must accept a claim and be inconvenienced based on a statement by Courtney Anderson? Courtney Anderson in his testimony before the commission said we (the Haraburda family) called the police on him (the Andersons) over 40 times. In fact there is only a record of one call since 2010 and that was this year. Does not that cause you to doubt? What is my recourse? EXHIBIT N0. + P. 5 -or- (irk From: Dan Watrous[mailto:dwatrous@townoftiburon.org] Sent: Monday, August 19, 2013 8:33 AM To: 'Cathy Haraburda' Cc: Jill Cingolani Subject: RE: 110-120 Solano Street Resolution Cathy, The Americans with Disabilities Act (ADA) prohibits asking someone to provide proof that they are hadicapped. As I told Joe before, we will take someone's word that a person is disabled unless there is demonstrated proof otherwise. Dan Daniel M. Watrous Planning Manager Town of Tiburon (415) 435-7393 From: Cathy Haraburda [mailto:c.haraburda0comcast.ri Sent: Friday, August 16, 2013 10:08 AM To: Dan Watrous Cc: Jill Cingolani Subject: RE: 110-120 Solano Street Resolution Importance: High Dan, We called the Tiburon Police, yesterday afternoon, due to the fact there was an unknown person swimming in our pool. I asked him to identify himself and he told me that he was staying in the lower unit house sitting for the Andersons. This was a fictitious answer as when he left the pool area he went to the upper unit. These are the same people who use the driveway and they do not have a handicapped placard for their car in view. They told the Tiburon Police that they are house sitting for the Andersons. These are seasonal renters, using our pool and driveway. Their CA license plate number is 6YHX455 and is a black 4 door Nissan Altima. I want to know if this car has a valid handicapped permit. Cathy Haraburda From: Dan Watrous[mailto:dwatrous@townoftiburon.orol Sent: Tuesday, August 13, 2013 9:33 AM To: 'Cathy Haraburda' Cc: Jill Cingolani; 'Dr. Courtney Anderson' Subject: RE: 110-120 Solano Street Resolution Dear Cathy, Dr. Anderson has informed us that the seasonal renters in question were handicapped, with a handicapped placard for their car. The use of the driveway by handicapped guests is deemed by the Town to be a reasonable accommodation to meet their needs and the limitation on the use of the driveway will not be enforced in such instances. Please also remember that the limitations on the use of the driveway, swimming pool and all other conditions of approval of the seasonal rental unit permit do not apply to guests staying 31 days or longer. Sincerely, Dan Watrous Daniel M. Watrous EXHIBIT NO. 4 Dan Watrous From: Cathy Haraburda [c.haraburda@comcast.net] Sent: Tuesday, August 20, 2013 2:47 PM To: Dan Watrous Subject: 110 Solano Violation Notifications Importance: High m Here are the violations we have reported to you. Please respond as how you are going to address these violations. Cathy Tuesday, August 20, 2013: At approximately 12:00-12:20 PM today, a Black Chevy Impala, Lt, license plate # CA 6YSJ480, drove down the driveway and loaded their luggage from upper unit @ 110 into their trunk. They arrived Friday, August 16, 2013. Friday, August 16,2013: 2 new renters arrived and staying in upper unit. Thursday, August 15,2013: We called the Tiburon Police due to the fact there was an unknown person swimming in our pool. They took a report. These people left Friday, August 16, 2013. Their CA license plate number is 6YHX455 and is a black 4 door Nissan Altima Tuesday, August 13, 2013: Courtney Anderson has informed the City that the seasonal renters in question were handicapped. They did not have a have a handicapped placard for their car in view Monday, August 12,2013: Joe called the Tiburon Police and talked to Officer Jill Cingolani about vehicles using the private driveway behind the residences at 110 & 120 Solano Street. He also gave her a description of the incident that occurred on Sunday, August 11, 2013. Sunday, August 11, 2013: A car drove down the driveway at 10:09 PM and woke us up with loud voices while unloading their luggage for the upper unit at 110 Solano Street. Joe went out and told them that they were not to use the driveway. Joe called Courtney Anderson on his cell phone to complain and Anderson would not answer. Thursday, August 8, 2013: Courtney Anderson greeted 2 vacation renters for the lower unit @110 Solano Street. I was in the pool area when Anderson was showing them the pool. They left Saturday, August 10, 2013. p$�'HTBIT NO. Ck {�_ 7c --F (l� Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Wednesday, August 21, 2013 1:35 PM To: Dan Watrous Cc: sanderson@coalesce.com Subject: RE: 110 Solaro Violation Notifications Hi, Dan I have been doing home exchanges for some time and we exchange homes with the same people frequently over several years. Therefore, I don't understand where home exchanges comes under the Seasonal Rental Ordinances, but I will have the relevant Ordinances reviewed by an attorney who is more familiar with Tiburon's ordinances with your better understanding in mind. Thank you. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com http://www.linkedin.com/in/coalescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that conquer scientific barriers and speed the creation of better medicines, diagnostics and materials. From: Dan Watrous[mailto:dwatrous@townofbburon.org] Sent: Wednesday, August 21, 2013 1:21 PM To: 'Dr. Courtney Anderson' Cc: 'Cathy Haraburda'; 'Joseph Haraburda' Subject: RE: 110 Solano Violation Notifications Courtney, Thanks for the update. Please reference my e-mail to you on July 9, which included the following The Tiburon Zoning Ordinance defines "seasonal rental unit" as follows "A dwelling unit that is rented on a repeated basis for less than 31 consecutive days, or is advertised or marketed on a repeated basis to be rented for any period less than 31 days." i,�vMIIBIT NO. '4- R �3 z;p u 6 An exhange guest, where one party exchanges the use of their home for the use of another home, would meet this definition, as the use of the other home would be considered "rent" for purposes of this definition. I am not aware of the term "short-term guest," but if rent is accepted from a guest for a less than 31 day period, that would also meet the definition of a seasonal rental unit. Therefore the home exchange guests must also comply with the requirements of your seasonal rental permit and can only occupy the upper dwelling unit only. Please let me know if you have any questions. Sincerely, Dan Watrous Daniel M. Watrous Planning Manager Town of Tiburon (415) 435-7393 From: Dr. Courtney Anderson rmailto:courtngy.anderson(a)coalesce.coml Sent: Wednesday, August 21, 2013 8:57 AM To: Dan Watrous Subject: RE: 110 Solano Violation Notifications Hi, Dan: Sorry I did not reply earlier, we have been on vacation while our house sitters watched the house and were harassed repeatedly by the Haraburda's their entire stay. They were really intimidated and will write letters confirming the constant abuse. It was very disturbing for them. I have penned my explanations below for Cathy's erroneous claims. Also here are details on some future events in case you are further bothered by the Haraburda's. We have arranged a home exchange with a family and friends in both our units in exchange for their vacation home in Vermont. They are staying four days. Although they have kids, I have instructed them to stay out of the pool or be harassed. This was quite a disappointment, but the water is too cold to swim anyway. Then on the 24th we have vacation renters in the upper unit from the 24th -15t of Sept. In the lower unit we have a long term guest (also a friend and technology innovator) who has been transferred here with his family and who is buying a house in Belvedere, he expects to close the purchase and be able to move in near the end of September. I will keep you posted in advance of any significant events that the Haraburda's would like to claim are violations of our rental permit. Our Best Wishes that you have an Outstanding 2013 EXHIBIT N® �, C b(= ( lf:�- Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com http://www.linkedin.com/in/coalescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that conquer scientific barriers and speed the creation of better medicines, diagnostics and materials. From: Dan Watrous rmailto:dwatrous(altownoftiburon.oral Sent: Tuesday, August 20, 2013 3:21 PM To: 'Dr. Courtney Anderson' Subject: FW: 110 Solano Violation Notifications Importance: High Dear Courtney, Could you please respond to me about the items listed under August 15 & 20 below. You have already responded to the earlier items. Thanks, Dan Watrous Daniel M. Watrous Planning Manager Town of Tiburon (415) 435-7393 From: Cathy Haraburda rmailto:c.haraburda(&comcast.net] Sent: Tuesday, August 20, 2013 2:47 PM To: Dan Watrous Subject: 110 Solano Violation Notifications Importance: High lam Here are the violations we have reported to you. Please respond as how you are going to address these violations. Cathy Tuesday, August 20,2013: EIMIBIT N®. P. to nF 116- At approximately 12:00-12:20 PM today, a Black Chevy Impala, Lt, license plate # CA 6YSJ480, drove down the driveway and loaded their luggage from upper unit @ 110 into their trunk. They arrived Friday, August 16, 2013. These are our housesitter friends leaving the property upon our return. I was there to help them load. Our elder friend is handicapped, walks with a cane and has a handicapped card hanging on the review window. They arrived Sunday August 11, not on August 16. Friday, August 16,2013: 2 new renters arrived and staying in upper unit. Not true. It was still our house sitters and her two family members that arrived on August I ld'. Thursday, August 15,2013: We called the Tiburon Police due to the fact there was an unknown person swimming in our pool. They took a report. These people left Friday, August 16, 2013. Their CA license plate number is 6YHX455 and is a black 4 door Nissan Altima. This was one of our house sitters' family members who is recovering from a broken arm and doing therapy in the pool. He is the only one that can tolerate the 70 degree temperature of the pool as the Haraburda's have turned off the heat since July P. This makes it impossible for our family and friends to swim at all, nor their renters who we have not seen in months. My understanding is that our family, friends and long term (>=31 days) have access to the pool. The police talked to Dean, our house sitter's cousin who explained the situation and the police were satisfied and had no need to call me. Tuesday, August 13,2013: Courtney Anderson has informed the City that the seasonal renters in question were handicapped. They did not have a have a handicapped placard for their car in view. Our house sitter walks with a cane and has a handicapped placard on her windshield at all times. When she was unloading groceries with her cousin Dean as I mentioned to you. Joe came down and blocked their access to OUR property's entrance while standing on our property. Our house sitters had to walk around Joe to put groceries in the upper unit. Gueta was using her case and had her handicapped placard on her windshield but Joe did not care. Instead of using my parking place next to the upper unit that I offered her in my absence, our house sitter always parked on the street due to Joe's harassment and made the painful walk up to the upper unit. Monday, August 12,2013: Joe called the Tiburon Police and talked to Officer Jill Cingolani about vehicles using the private driveway behind the residences at 110 & 120 Solano Street. He also gave her a description of the incident that occurred on Sunday, August 11, 2013. I never heard any comments from the police. As mentioned we do not use the driveway after 10 PM for ourselves or anyone else. We never tell anyone about the driveway and we meet ALL our friends and guests when they arrive and show them everything. For vacation renters we tell them to stay out of the pool area all together since they Arill be accosted whether they are on our property or not. We also tell vacation rental guests park on the street and not use the driveway for anything. I am ordering signs to prevent people that inadvertently use the driveway thinking it is a road. Sunday, August 11, 2013: A car drove down the driveway at 10:09 PM and woke us up with loud voices while unloading their luggage for the upper unit at 110 Solano Street. Joe went out and told them that they were not to use the driveway. Joe called Courtney Anderson on his cell phone to complain and Anderson would not answer. They arrived Sunday August 11 and I drove their car up on the upper driveway and helped them unload their luggage at 9:40. I then drove their car down the driveway and parked it at 9:55 PM. I would not use the driveway at 10 PM or later because of our other neighbors. Joe yelled out the window at us and called my office and cell leaving threatening messages. As mentioned later that week, he trapped my car and yelled obscenities at me as how he was going to `fix' me. Thursday, August 8,2013: EXHIBIT N0. Courtney Anderson greeted 2 vacation renters for the lower unit @110 Solano Street. I was in the pool area when Anderson was showing them the pool. They left Saturday, August 10, 2013. These were just friends that stayed with us for the weekend and left on the 1 It" not the l0u'. From: Dan Watrous fmailto:dwatrous(5ltownofdburon.orol Sent: Monday, August 19, 2013 8:33 AM To: 'Cathy Haraburda' Cc: Jill Cingolani Subject: RE: 110-120 Solano Street Resolution Cathy, The Americans with Disabilities Act (ADA) prohibits asking someone to provide proof that they are hadicapped. As I told Joe before, we will take someone's word that a person is disabled unless there is demonstrated proof otherwise. Dan Daniel M. Watrous Planning Manager Town of Tiburon (415) 435-7393 From: Cathy Haraburda fmailto:c.haraburda(a)comcast.netl Sent: Friday, August 16, 2013 10:08 AM To: Dan Watrous Cc: Jill Cingolani Subject: RE: 110-120 Solano Street Resolution Importance: High Dan, We called the Tiburon Police, yesterday afternoon, due to the fact there was an unknown person swimming in our pool. I asked him to identify himself and he told me that he was staying in the lower unit house sitting for the Andersons. This was a fictitious answer as when he left the pool area he went to the upper unit. These are the same people who use the driveway and they do not have a handicapped placard for their car in view. They told the Tiburon Police that they are house sitting for the Andersons. These are seasonal renters, using our pool and driveway. Their CA license plate number is 6YHX455 and is a black 4 door Nissan Altima. I want to know if this car has a valid handicapped permit. Cathy Haraburda From: Dan Watrous fmailto:dwatrous(a)townoftiburon.oral Sent: Tuesday, August 13, 2013 9:33 AM To: 'Cathy Haraburda' Cc: Jill Cingolani; 'Dr. Courtney Anderson' Subject: RE: 110-120 Solano Street Resolution Dear Cathy, Dr. Anderson has informed us that the seasonal renters in question were handicapped, with a handicapped placard for their car. The use of the driveway by handicapped guests is deemed by the Town to be a reasonable accommodation to meet their needs and the limitation on the use of the driveway will not be enforced in such instances. Please also EXHIBIT N0. `E e, lL of U 62 remember that the limitations on the use of the driveway, swimming pool and all other conditions of approval of the seasonal rental unit permit do not apply to guests staying 31 days or longer. Sincerely, Dan Watrous Daniel M. Watrous Planning Manager Town of Tiburon (415) 435-7393 From: Cathy Haraburda [mailto:c.haraburda(alcomcast.net] Sent: Tuesday, August 13, 2013 8:59 AM To: Dan Watrous Subject: FW: 110-120 Solano Street Resolution Importance: High Hi Dan, Please let us know what action the City will take, if any, to stop Courtney Anderson from ignoring the approved resolution by the Planning Commission. Cathy Haraburda From: Jill Cingolani [mailto:icingolani(altiburonpd.org] Sent: Monday, August 12, 2013 10:58 PM To: Dan Watrous Cc: c. ha raburda(cbcomcast.net Subject: 110-120 Solano Street Resolution Dan, On 8/12/13, I received a telephone call from Joe Haraburda (120 Solano St.) about vehicles using the private driveway behind the residences at 110&120 Solano Street. He was reporting two incidents, one on 8/11/13, at 2230 hours and one on 8/12/13. Joe stated he spoke with the involved parties and they stated they had been told by Courtney (Anderson) to "ignore" the new resolution that had just been passed. Joe was upset and wanted us to contact the tenants to advise them about the resolution. I advised Joe that I would need to research the resolution and contact you directly before I would take action. Since this is a newly adopted resolution, I wanted to clarify if you would like violations documented and forwarded to you directly for enforcement purposes? If you need any further information, I am currently working 6:00 PM -6:00 AM. Thank you for you time on this matter. Officer Jill Cingolani, #326 Tiburon Police Department 1155 Tiburon Blvd. Tiburon, CA 94920 415-789-2801 Main 415-789-2828 Fax EXHIBIT NO.� Dan Watrous From: Cathy Haraburda ic.haraburda@comcast.net] Sent: Saturday, August 24, 2013 7:14 PM To: 'Dr. Courtney Anderson'; 'Sandy Anderson' Cc: Dan Watrous Subject: 110 Solano Violation Notice: Vacation Renters in Pool Courtney, Three children, under 10 years of age without adult supervision, were swimming in our pool at 6:40PM this evening, August 24, 2013. These are the vacation renters in the upper unit from the 24th -1st of Sept. I went down to the pool and told the children politely that they could not swim in the pool. I called your cell phone and you would not answer. Your renters/exchange people are not to use the pool or driveway. Joe Haraburda EniIIEIT N0. q Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Monday, August 26, 2013 8:38 AM To: 'Cathy Haraburda'; 'Sandy Anderson' Cc: Dan Watrous Subject: RE: 110 Solano Violation Notice: Vacation Renters in Pool Joe, As usual, you are wrong. You did call me on my cell phone, but when I answered you hung up. I presume that was just to record a call to me, but not really talk to me. This appears to be your normal practice of talking directly to our guests and intimidating them as you have with 23 of our guests. They have presented written statements of how you or Cathy yelled at and accosted them for no reason. What makes this especially heinous is that you know very well that I am on the property, but you won't talk to me because you know I will put the situation right. First, our vacation renters in the top unit only have a six month old baby and no other children. Second, swimming in the pool was Cameron and his older sister Savannah, old enough to swim unsupervised, not three children. These children are our friends' children who are staying with us in the lower unit while they close on and move into their new home in Belvedere. We were right there twenty feet away talking when you frightened the children and chased them out of the pool area. Please note, they will be swimming in the pool to the end of September even though you have kept the pool unheated, contrary to your agreement, since July 3td. You know well that we, our family, friends and renters over 31 days have full access to all easements. In addition, you knew full well that our friends and house sitters were in our property while we were in Carmel, protecting it from malicious mischief that seems to happen every time we leave for a few days. Even with this and even though our friend was handicapped and had a handicapped placard hanging from her rear view minor, you harassed her. She and our cousin are also writing a letter about your blocking them from accessing our top unit. In short, you constantly violate our maintenance agreement and upset our guests, presumably for your own pleasure. This must stop immediately. I will NOT allow seasonal renters to swim in the pool, so stop bothering our guests. They ARE allowed in the pool area on our property, however. Likewise I will NOT let seasonal renters use the driveway unless they are handicapped, although this really is a hassle in loading and unloading groceries or luggage as they have to walk all the way up the driveway to deposit them in the top unit as the spiral staircase in front is too restrictive. Since I will follow the seasonal rental permit given to me by the Town to the letter, PLEASE REFRAIN FROM BOTHERING US, THE TOWN AND OUR GUESTS. Also, regarding the maintenance agreement, we watched Cathy get out of her car three times to park as close to our cabinets as possible without scratching her car. It appears that she enjoys blocking our access to our cabinets and washing machine and dryer. We have taken pictures. Please discontinue this behavior. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney EXHIBIT NO. tS �I=ilts2 Dan Watrous From: 4152990044@vzwpix.com Sent: Monday, August 26, 2013 9:40 AM To: Dan Watrous; Dan Watrous Attachments: I MG_20130803_101604_660.jpg Constantly blocks our cabinets so we can't access EXHIBIT N0. l�o� t16 w 0 J o z w Dan Watrous From: 4152990044@vzwpix.com Sent: Monday, August 26, 2013 9:45 AM To: Dan Watrous; Dan Watrous Attachments: IMG_20130803_101617_488.jpg Blocking access to our washer dryer making it difficult to get through EXHIBIT NO. P, (a C'r- ok Dan Watrous From: 4152990044@vzwpix.com Sent: Monday, August 26, 2013 9:47 AM To: Dan Watrous; Dan Watrous Attachments: I MG_20130803_101553_892.jpg As you can see there is plenty of room. EXHIBIT NO.� P_ 20 of tl-6 J I I .-- c1 O z �i Dan Watrous From: 4152990044@vzwpix.com Sent: Monday, August 26, 2013 9:53 AM To: Dan Watrous; Dan Watrous This is our property but the Haraburdas have the right to use as per the easement agreement. This is where we keep our stuff in cabinets, washer and dryer, making it extremely difficult to impossible to use or access. E'`i_IBIT NO' --±- I Q, ±- i P, 2:2�' or- Uta Dan Watrous From: 4152990044@vzwpix.com Sent: Monday, August 26, 2013 9:57 AM To: Dan Watrous; Dan Watrous Attachments: Resizedlmage_1377536111117.jpg Blocking the driveway for days while her house is being painted EXHIBIT N0. `k P, 23 (Miro Y� ;Jif Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Monday, August 26, 2013 9:47 AM To: Dan Watrous Cc: 'Sandy Anderson' Subject: FW: 110 Solano Violation Notice: Vacation Renters in Pool Hi, Dan: I wanted to make sure you got this reply to the continued unfounded accusations from the Haraburdas. They basically think they can do anything they want to our friends, family and guests. Therefore they are wasting the Town's time, and our time and disturbing everybody. They are constantly bothering the Town just like they constantly bothered us, our family and tenants for the last ten years. They will never stop. It has nothing to do with seasonal renting. It has to do with control and bullying everyone into doing what they want. We can't believe they can spend so much time trying to get control of more and more of our property. We have and will continue to adhere to the terms of the seasonal rental permit and not allow our seasonal renters to have access to the pool or driveway. But the Haraburda's take it as we, our family, friends and non- seasonal renters can also not use the pool or driveway. By the way, we went down to the police department after Joe claimed there police reports were "fabricated." The officers and desk said they had never seen him, remembered pulling the voluminous number of reports for us and gave us three more where the Haraburda's had called the police on us or our friends. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com hftr)://www.linkedin.com/in/coalescecommunitv Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that conquer scientific barriers and speed the creation of better medicines, diagnostics and materials. From: Dr. Courtney Anderson[mailto:courtney.anderson@coalesce.comj Sent: Monday, August 26, 2013 8:38 AM To: 'Cathy Haraburda'; 'Sandy Anderson' Cc: 'Dan Watrous' Subject: RE: 110 Solano Violation Notice: Vacation Renters in Pool Joe, EXHIBIT N0. 4- P, 25- OF -((-Q As usual, you are wrong. You did call me on my cell phone, but when I answered you hung up. I presume that was just to record a call to me, but not really talk to me. This appears to be your normal practice of talking directly to our guests and intimidating them as you have with 23 of our guests. They have presented written statements of how you or Cathy yelled at and accosted them for no reason. What makes this especially heinous is that you know very well that I am on the property, but you won't talk to me because you know I will put the situation right. First, our vacation renters in the top unit only have a six month old baby and no other children. Second, swimming in the pool was Cameron and his older sister Savannah, old enough to swim unsupervised, not three children. These children are our friends' children who are staying with us in the lower unit while they close on and move into their new home in Belvedere. We were right there twenty feet away talking when you frightened the children and chased them out of the pool area. Please note, they will be swimming in the pool to the end of September even though you have kept the pool unheated, contrary to your agreement, since July 3rd You know well that we, our family, friends and renters over 31 days have full access to all easements. In addition, you knew full well that our friends and house sitters were in our property while we were in Carmel, protecting it from malicious mischief that seems to happen every time we leave for a few days. Even with this and even though our friend was handicapped and had a handicapped placard hanging from her rear view minor, you harassed her. She and our cousin are also writing a letter about your blocking them from accessing our top unit. In short, you constantly violate our maintenance agreement and upset our guests, presumably for your own pleasure. This must stop immediately. I will NOT allow seasonal renters to swim in the pool, so stop bothering our guests. They ARE allowed in the pool area on our property, however. Likewise I will NOT let seasonal renters use the driveway unless they are handicapped, although this really is a hassle in loading and unloading groceries or luggage as they have to walk all the way up the driveway to deposit them in the top unit as the spiral staircase in front is too restrictive. Since I will follow the seasonal rental permit given to me by the Town to the letter, PLEASE REFRAIN FROM BOTHERING US, THE TOWN AND OUR GUESTS. Also, regarding the maintenance agreement, we watched Cathy get out of her car three times to park as close to our cabinets as possible without scratching her car. It appears that she enjoys blocking our access to our cabinets and washing machine and dryer. We have taken pictures. Please discontinue this behavior. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com hftip://www.linkedin.com/in/coalescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 EaHIBIT N0. 4- ?. z6, 0(-- clJ6 Dan Watrous From: 4152990044@vzwpix.com Sent: Monday, August 26, 2013 10:41 AM To: Dan Watrous; Dan Watrous Good Morning, Dan; I can't tell you how sorry we both are you have to go through this. There is so much more to tell and show you but it would take hours of your time. This is just one indecent, happened a few days ago. Courtney was on the driveway when Joe Haraburda pinned him in, yelling at him, claiming, all police reports we submitted were falsified. He claims to have gone into the station to see if the reports were true. Joe claims the officer said there are no such reports. Keep I'm mind, he is yelling in his face, I went to the police station to see if this was true. As I suspected, he was lying. What I wasn't expecting was 3 more reports. One of many things we have to deal with on a day to day based. Thank you for your time. Sandy Anderson EXHIBIT NO. 4- P, -2,7 =U Dan Watrous From: Joseph Haraburda Uharaburda@oaklandchamber.com] Sent: Monday, August 26, 2013 4:41 PM To: Dr. Courtney Anderson Cc: Dan Watrous Subject: Courtney my response to your latest. Dan sorry to bore you with this but it seems we need to protect our integrity. His last note was unbelivelablel Importance: High SEE BELOW FOR MY RESPONSE OR IF YOU WISH TO MEET INPERSON LET ME KNOW AS I AM ALWAYS AVAILABLE... Courtney if as usual "I am wrong" why did the Town decide in our favor to restrict your ability to rent the entire property which you seem to be doing anyway? The call I made to you yesterday after connecting and ringing was met with an apparent answer and a click. I assumed a phone malfunction or there was a lack of interest in speaking to me. Nevertheless, it seems you have a never ending list of descriptions for people who occupy your residence making your entire communication laughable. As you have attested in previous emails there is a never ending flow of new faces on property creating an unsecure situation. How are we to know who is roaming around. If we see someone on or using our property we will continue to question as we have every right. Your approach to renting your units has created in our view an unsafe environment. People coming and going with unknown identity. We do not yell at your guests. Further comments below... From: Dr. Courtney Anderson rmailto:courtnev.andersonCalcoalesce.com] Sent: Monday, August 26, 2013 8:38 AM To: 'Cathy Haraburda'; 'Sandy Anderson' Cc: 'Dan Watrous' Subject: RE: 110 Solano Violation Notice: Vacation Renters in Pool Joe, As usual, you are wrong. You did call me on my cell phone, but when I answered you hung up. I presume that was just to record a call to me, but not really talk to me. This appears to be your normal practice of talking directly to our guests and intimidating them as you have with 23 of our guests. They have presented written statements of how you or Cathy yelled at and accosted them for no reason. What makes this especially heinous is that you know very well that I am on the property, WE DO NOT TRACK YOUR WHERE ABOUTS AND AS ALWAYS I AM HAPPY TO SPEAK TO YOU DIRECTLY but you won't talk to me because you know I will put the situation right. First, our vacation renters in the top unit only have a six month old baby and no other children. Second, swimming in the pool was Cameron and his older sister Savannah, old enough to swim unsupervised, not three children. These children are our friends' children who are staying with us in the lower unit while they close on and move into their new home in Belvedere. We were right there twenty feet away talking when you frightened the children and chased them out of the pool area. FIRST WE HAVE NO KNOWLEDGE OF WHO THE CHILDREN WERE AND IF YOU WERE SO CLOSE WHY DID YOU NOT COME INTO THE POOL AREA AND SPEAK TO ME. Please note, they will be swimming in the pool to the end of September even though you have kept the pool unheated, contrary to your agreement, since July 3`d. COURTNEY YOU HAVE A SHORT MEMORY... YOU EXHIBIT NO. _ 4 �: 24> of-llt�s WERE TOLD IN WRITING THE POOL HEATER IS BROKEN. WHY WOULD I DEPRIVE MYSELF OF A HEATED POOL ... TO SPITE YOU??? WE HAVE JUST BEEN NOTIFIED OUR PERMIT HAS BEEN APPROVED FOR A NEW REPLACEMENT HEATER. You know well that we, our family, friends and renters over 31 days have full access to all easements. In addition, you knew full well that our friends and house sitters were in our property while we were in Carmel, protecting it from malicious mischief that seems to happen every time we leave for a few days. Even with this and even though our friend was handicapped and had a handicapped placard hanging from her rear view minor, you harassed her. PLAIN AND SIMPLE THIS IS BULL. I SIMPLY SAID DO NOT USE THE DRIVEWAY She and our cousin are also writing a letter about your blocking them from accessing our top unit. HOW IN THE WORLD ARE WE BLOCKING ACCESS TO YOUR TOP UNIT? ARE YOU RENTING IT? In short, you constantly violate our maintenance agreement and upset our guests, presumably for your own pleasure. This must stop immediately. WHY DO YOU CONTINUE TO INVENT ISSUES? I will NOT allow seasonal renters to swim in the pool, so stop bothering our guests. WE RESERVE THE RIGHT TO QUESTION PEOPLE WE DO NOT KNOW WHO ARE ON OUR PROPERTY. They ARE allowed in the pool area on our property, however. Likewise I will NOT let seasonal renters use the driveway unless they are handicapped, although this really is a hassle in loading and unloading groceries or luggage as they have to walk all the way up the driveway to deposit them in the top unit as the spiral staircase in front is too restrictive. COURTNEY THIS IS YOUR PROBLEM NOT OURS. Since I will follow the seasonal rental permit given to me by the Town to the letter, STARTING WHEN? YOU HAVE NOT COMPLIED TO DATE BUT RATHER MADE UP NEW TITLES FOR SEASONAL RENTERS. PLEASE REFRAIN FROM BOTHERING US, THE TOWN AND OUR GUESTS. WE HAVE NO INTEREST IN BOTHERING YOU OR BEING BOTHERED. THE BOTHER ORIGINATES WITH YOUR UNWANTED INTRUSIONS FROM YOUR RENTERS. Also, regarding the maintenance agreement, we watched Cathy get out of her car three times to park as close to our cabinets as possible without scratching her car. ARE YOU SERIOUS? YOU WATCHED HER THREE TIMES??? It appears that she enjoys blocking our access to our cabinets and washing machine and dryer. We have taken pictures. Please discontinue this behavior. I MUST SAY YOU CONTINUE TO AMAZE ME WITH YOUR CLAIMING TO FILM US ... IS THAT LEGAL? Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com http://www.Iinkedin.com/in/coalescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that conquer scientific barriers and speed the creation of better medicines, diagnostics and materials. EXHIBIT N0. Lt - P, 2-q or- (( Dan Watrous From: 4152990044@vzwpix.com Sent: Monday, August 26, 2013 10:48 AM To: Dan Watrous; Dan Watrous Dan, One more thing. The hours of time Courtney spends on defending ourselves from the the Haraburdas lies, he is away from "Making better medicines" which we have dedicated our serves to, as well as our team. Thank you once again. Sandy Anderson EXHIBIT N0, 4 P.v�F �l Dan Watrous From: 4152990044@vzwpix.com Sent: Tuesday, August 27, 2013 10:48 AM To: Dan Watrous; Dan Watrous As I was speaking to our friends, who just moved here, told me her daughter is having a difficult time dealing with the "Neighbor lady" Cathy Haraburda, as she is watching them, which is scaring her. Making a move to a new state, leaving your friends and family, is difficult enough. They are anxiously waiting for their house to close, getting their kids adjusted to the new school, and dealing with a baby is difficult enough. I'm hear to help but I need to work as well. Courtney and I do our best to keep this difficult time from our friends, family, and tenants but finding it extremely difficult because of Harabudas antics. Watching has been a persistent issue with family friends and guests. Thank you for listening. Sandy Anderson Ei HIBIT N0. 4 P. 'Y OP (l& Dan Watrous From: Joseph Haraburda [haraburda@oaklandchamber.com] Sent: Tuesday, August 27, 2013 11:17 AM To: Dan Watrous Subject: Dan, sorry for our frustration but there seems to be no end to the Seasonal rental issue. Importance: High Dan I have been accused of a lot in recent days and am a bit frustrated. I understand your role in this matter and ask if there is some action we can take with the Town? All we ask of the Andersons is to be straight with us. The following is what we have observed yesterday and today: The vacation renters in the top unit have a six -month-old baby and no other children. The people in the lower unit are associated to the people in upper unit with the 2 children. They go up and down the stairwell entering in and out both units. Anderson is renting the lower unit to the same family residing in the top unit, but under the pretext, they are long term and friends. The people in the lower unit with the 2 children, that have been swimming in the pool, were in the garage area yesterday, August 26, 2013 doing laundry. They left the garage and went into the upper unit with their laundry. Anderson told the City: "In the lower unit we have a long term guest (also a friend and technology innovator) who has been transferred herewith his family and who is buying a house in Belvedere, he expects to close the purchase and be able to move in near the end of September." EX7HIBIT NO. 4 Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Friday, August 30, 2013 7:04 AM To: Dan Watrous Cc: sanderson@coalesce.com Subject: FW: Two Questions on the Seasonal Rental for 110 Solano St Importance: High Dear Dan: I have two questions on the seasonal rental. We frequently host families with one or two elderly people (usually one or both parents). They like our home because it is very healing and they can participate in watching all the water and wildlife activities. 1. Since elderly people cannot manage the spiral staircase, they are now forced to walk up and down the driveway which creates a dangerous situation for them. This is particularly true when loading and unloading luggage or heavier items. Therefore the safe thing would be to have their adult children drive them to the front door and assist them. I remember you said that for those elderly people the Town would make an exception. Should I notify you if this is the case? 2. Guests often travel to several locations and often end up with us for the end of their journal. Therefore they have a lot of luggage. We always meet our guests to show them everything and help them lug all their luggage up the driveway. Would it be agreeable for me to drive them to the front door just to load and unload from 7 AM to 10PM? We have potential for liability if someone falls off the stairs because of the heavy luggage! Also a few comments on the Haraburda's response yesterday: 1. The Haraburdas have made upwards of 50 complaints to the Town of Tiburon Police Department, the Town of Tiburon Building Department and the Town of Tiburon Planning Department about our long term tenants, our friends, our families and our guests for a changing menu of reasons. Upon investigation, none were found to have any merit. These recent complaints are just as bogus. 2. Twenty four families who were our tenants, friends, family members and guests complained that the Haraburda's watched, stalked, and/or accosted them for no reason. We are the ones that are being constantly upset by them and they have destroyed the enjoyment of our home. We are constantly in fear of what they will do next. 3. The Haraburda's were on OUR property not theirs when they accosted our friends house sitting for us and blocked their access to unload. 4. The Haraburda's complain about the nature of our guests, but we will never leave our home unprotected because of the instances in the garage where they park, including chemical reagent bottles punctured by knives, repeatedly broken knobs on the dryer, unexplained floods of the lower garage that originated in the upper garage where they park, etc. We have also found rat poison on our property when we had long term tenants who owned dogs. 5. The last time I tried to talk to Cathy, Joe called the Tiburon Police on me saying I was agitated. The have not kept their word in the agreement they signed a mediation, we don't believe any of the things they say are true or will be adhered to. 6. The Haraburda's frequently turn off the pool heater when they are trying to intimidate us and get us to acquiesce to the frequent demands. I don't believe it takes two months to obtain a pool heater permit. I wish I could show the Town how infrequent the driveway is used by us or our guests. Certainly no more than two or three times a week. If there has been one late guest in three years I would be surprised. I saw only one EXHIBIT N0. L" P, 3.3 lost person on our driveway late at night. Likewise, the pool the pool two or three times for an hour or so their entire stay. hanging around the pool. Everything the Haraburda's say is Please see my response to Joe's accusations below. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com hftp://www.linkedin.com/in/coalescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 is seldom ever used by anyone. Guests may use They are off visiting all the local sites, not massively over exaggerated. Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that conquer scientific barriers and speed the creation of better medicines, diagnostics and materials. From: Joseph Haraburda[mailto:iharaburda(aoaklandchamber.coml Sent: Monday, August 26, 2013 4:41 PM To: Dr. Courtney Anderson Cc: dwatrous(atownoftiburon.org Subject: Courtney my response to your latest. Dan sorry to bore you with this but it seems we need to protect our integrity. His last note was unbelivelable! Importance: High SEE BELOW FOR MY RESPONSE OR IF YOU WISH TO MEET INPERSON LET ME KNOW AS I AM ALWAYS AVAILABLE... We have met on NUMEROUS OCCASIONS only to be ignored and blasted with something else that bothers them the next day. The Haraburdas are only pretending to be open to discussion but will never fulfill their commitments. They are as usual wasting everybody's time. Courtney if as usual "I am wrong" why did the Town decide in our favor to restrict your ability to rent the entire property which you seem to be doing anyway? This is just another example that the Haraburdas just want to harm us. We have NEVER done anything to provoke this behavior but it is OUR GUESTS, FAMILY, FRIENDS AND WE that are being punished! We have hundreds of pages of proof, photos, emails, and letters, hundreds more you have yet to see, and still more to come because the Haraburda's will not stop for any reason. The Town will continue to be constantly bothered for factious reasons and we will have to constantly defend who we are, how we conduct our lives, and that what we are doing is not only good for us but good for the Town as well. We feel we have proved this and will continue to prove it. The call I made to you yesterday after connecting and ringing was met with an apparent answer and a click. I assumed a phone malfunction or there was a lack of interest in speaking to me. If this was a "malfunction" like he said, why didn't he call back? This is what anyone who really needed to talk would do. Nevertheless, it seems you have a never ending list of descriptions for people who occupy your residence making your entire communication laughable. We have an amazing home and if we can't use it we will allow others to. The Haraburdas have made us, our guests, family and friends, feel uncomfortable. Our family, tenants and guests are constantly being watched through the Haraburda's windows, from their deck, or while they are in the pool area, as our family and guests have witnessed repeatedly. I'm not sure how anyone would feel being watched every moment. Being told EXHIBIT N0. q - P, 3u ot=- (110L when we and our family can or can't use the driveway, how to use the driveway, when the Haraburdas do exactly what they CLAwe are doing wrong but somehow they have no proof that we are doing it! We have submitted several photos and emails proving they were the ones committing these acts, not us. We have done nothing to provoke this behavior but it is OUR GUESTS, FAMILY, FRIENDS AND WE that are being punished! Hundreds of pages of proof, photos, emails, and letters, hundreds more you have yet to see, and still more to come because they will not stop for any reason. Yet we are the ones constantly having to defending ourselves. As you have attested in previous emails there is a never ending flow of new faces on property creating an unsecure situation. Just another complaint! We have told the Haraburdas a number of 'times that we check them out thoroughly with "Net detectives" along with other services. The others are friends and family! This makes us look like idiots! We are very intelligent people who know what we are doing. The only incident we have ever had is with the "Haraburdas", only the Haraburdas!!! How are we to know who is roaming around. If we see someone on or using our property we will continue to question as we have every right. If they were like normal neighbors and asked politely we would have gladly told the Haraburdas who is on our property. Most of our guest do not go near the Haraburdas property but yet they complain about them all. The Haraburdas have made it impossible to talk to them, calling the police and malting threats when we come to the door to explain something, only to be told they called the police, once again claiming Courtney was yelling, "NOT TRUE ONCE AGAIN"and told by the officer of his experience in talking to Cathy, makes it extremely difficult to talk. We all signed an agreement in arbitration, which they have ignored from the day they signed it, "To never approach each others tenants" Your approach to renting your units has created in our view an unsafe environment. The only unsafe feeling is wondering what will the Haraburdas think of next to make it difficult for us to be comfortable in our own home. In fact, the other day Joe pinned Courtney in and told him he went to the police station to obtain the police reports but was told by one of the officers, "There is no such report" so, Sandy went to the station to ask if this was true and was told, "Absolutely NOT true"! Driving down the driveway as Joe is going to work every morning, stopping in the middle of the street to look in our windows of were Courtney and I are sleeping, was just another way to make me fee! uncomfortable. People coming and going with unknown identity. We always know their identity, addresses, phone numbers, and many other important information that we always obtain. These are wonderful families, with their families who love Tiburon! We do not yell at your guests. It is not Courtney or Sandy that say they are being yelled at by the Haraburdas, "It's our guests, family, and friends" who have no gain in lying. These people are prominent Doctors, Lawyers, high profile people who you can trust what they say, our friends and family who are upstanding citizens and can trust what they say as well. We are tired of defending ourselves from neighbors who should find better things to do then be onsets with making other peoples uncomfortable. Further comments below... From: Cathy Haraburda[mailto:c.haraburda(a)comcast.net] Sent: Saturday, August 24, 2013 7:t4 PM To: 'Dr. Courtney Anderson'; 'Sandy Anderson' Cc: 'Dan Watrous' Subject: 110 Solano Violation Notice: Vacation Renters in Pool Courtney, Three children, under 10 years of age without adult supervision, Again, a lie! How does anyone know how old a child is unless they are right up to them and ask? Is this what she does to a child? Our friends' teenager Savannah is so scared right now of the "neighbor lady" watching her. Starting a new school, new state, and having to make new friends, to very hard. Coming home should be your sanctuary... no matter who you are! If you tool, a moment to get to know this little girl she is extremely intelligent, happy, sweet, and fun to be around! were swimming in our pool at 6:40PM this evening, Another pool rule change!Aubust 24, 2013. These are the vacation renters in the upper unit from the 20'4'' of Sept. Again, a lie! This is to, once again, make Courtney and Sandy look as if their decision to allow a friend to stay a month while their new home is closing, and to be a friend when needed during these tough times ... This is demeaning! I went down to the pool and told the children politely that they could not swim in the pool. I called your cell phone and you would not answer. If they really wanted to call us they would allow the K271 N0. 4 , 3Svi u£t phone to ring more than once or if it hangs up, because of bad service, call back. Politely? Then why are the children scared? This is where we have to defend ourselves once again. Your renters/exchange people are not to use the pool or driveway. Joe Haraburda As usual, you are wrong. You did call me on my cell phone, but when I answered you hung up. I presume that was just to record a call to me, but not really talk to me. This appears to be your normal practice of talking directly to our guests and intimidating them as you have with 23 of our guests. They have presented written statements of how you or Cathy yelled at and accosted them for no reason. What makes this especially heinous is that you know very well that I am on the property, WE DO NOT TRACK YOUR WHERE ABOUTS AND AS ALWAYS I AM HAPPY TO SPEAK TO YOU DIRECTLY but you won't talk to me because you know I will put the situation right. The proof is in Cathy's email First, our vacation renters in the top unit only have a six month old baby and no other children.Again, we are having to defend ourselves against the lies Second, swimming in the pool was Cameron and his older sister Savannah, old enough to swim unsupervised, not three children. These children are our friends' children who are staying with us in the lower unit while they close on and move into their new home in Belvedere. We were right there twenty feet away talking when you frightened the children and chased them out of the pool area. FIRST WE HAVE NO KNOWLEDGE OF WHO THE CHILDREN WERE AND IF YOU WERE SO CLOSE WHY DID YOU NOT COME INTO THE POOL AREA AND SPEAK TO ME. People want their privacy and we are not there to watch our friends every move. Joe knows exactly where we are and always has known ... check Cathy emails. Please note, they will be swimming in the pool to the end of September even though you have kept the pool unheated, contrary to your agreement, since July 3rd. COURTNEY YOU HAVE A SHORT MEMORY... YOU WERE TOLD IN WRITING THE POOL HEATER IS BROKEN. WHY WOULD I DEPRIVE MYSELF OF A HEATED POOL ... TO SPITE YOU??? If this was true then why does this bother them if someone wants to swim in a cold pool like they have all summer. The pool is rarely used and if it is only for an hour or so. WE HAVE JUST BEEN NOTIFIED OUR PERMIT HAS BEEN APPROVED FOR A NEW REPLACEMENT HEATER. We are curious as to when the permits were submitted? You know well that we, our family, friends and renters over 31 days have full access to all easements. In addition, you knew full well that our friends and house sitters were in our property while we were in Carmel, protecting it from malicious mischief that seems to happen every time we leave for a few days. Even with this and even though our friend was handicapped and had a handicapped placard hanging from her rear view minor, you harassed her. PLAIN AND SIMPLE THIS IS BULL. I SIMPLY SAID DO NOT USE THE DRIVEWAY It is not Courtney or Sandy that is claiming this, it is our guests who do not have a reason to lie. It is in there not go get involved. She and our cousin are also writing a letter about your blocking them from accessing our top unit. HOW IN THE WORLD ARE WE BLOCKING ACCESS TO YOUR TOP UNIT? ARE YOU RENTING IT? In short, you constantly violate our maintenance agreement and upset our guests, presumably for your own pleasure. This must stop immediately. WHY DO YOU CONTINUE TO INVENT ISSUES? I will NOT allow seasonal renters to swim in the pool, so stop bothering our guests. WE RESERVE THE RIGHT TO QUESTION PEOPLE WE DO NOT KNOW WHO ARE ON OUR PROPERTY. Joe signed the agreement in arbitration which is proof he does not follow what has been ordered by the arbitrator. We have followed everything to our best ability. They ARE allowed in the pool area on our property, however. Likewise I will NOT let seasonal renters use the driveway unless they are handicapped, although this really is a hassle in loading and unloading groceries or luggage as they have to walk all the way up the driveway to deposit them in the top unit as the spiral staircase in front is too restrictive. COURTNEY THIS IS YOUR PROBLEM NOT OURS. Joe makes it his problem when he gets involved where he shouldn't. EXHIBIT N0, q - e: aro cF ll4 Since I will follow the seasonal rental permit given to me by the Town to the letter, STARTING WHEN? YOU HAVE NOT COMPLIED TO DATE BUT RATHER MADE UP NEW TITLES FOR SEASONAL RENTERS. PLEASE REFRAIN FROM BOTHERING US, THE TOWN AND OUR GUESTS. WE HAVE NO INTEREST IN BOTHERING YOU OR BEING BOTHERED. THE BOTHER ORIGINATES WITH YOUR UNWANTED INTRUSIONS FROM YOUR RENTERS. The Haraburdas have proven they can't be trusted so we have decided to make sure someone is on our property at all times. The town has not seen most of what the Haraburdas have done for years but we have photos, more emails, letters and video to prove they can't be trusted. We have retaliated or provoke the Haraburdas in any way to promote such behavior. It is extremely important to Courtney and Sandy that the city understand that we are intelligent people who care about Tiburon, friends, family, guests, neighbor and others and not the olgers that the Haraburdas would like you to believe! Also, regarding the maintenance agreement, we watched Cathy get out of her car three times to park as close to our cabinets as possible without scratching her car. ARE YOU SERIOUS? YOU WATCHED HER THREE TIMES??? It appears that she enjoys blocking our access to our cabinets and washing machine and dryer. We have taken pictures. Please discontinue this behavior. I MUST SAY YOU CONTINUE TO AMAZE ME WITH YOUR CLAIMING TO FILM US ... IS THAT LEGAL? Enough is enough! This will go on forever and ever! Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com http://www.linkedin.com/in/coalescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that conquer scientific barriers and speed the creation of better medicines, diagnostics and materials. EXHIBIT N0. 4 Pi 30 or (It Dan Watrous From: Cathy Haraburda [c.haraburda@comcast.net] Sent: Wednesday, September 04, 2013 4:22 PM To: 'Dr. Courtney Anderson' Cc: Dan Watrous Subject: Who are the two young girls in the swimming pool? Importance: High We have not seen these girls until today. Please explain! EXHIBIT N0. q P. 3z ct= aM Dan Watrous From: Sandy Anderson [sanderson@coalesce.comj Sent: Wednesday, September 04, 2013 6:12 PM To: Dan Watrous Subject: Problems! Hi, Dan; Today, I was standing at my long term tenants door, with her housekeeper, who was waiting to get in to clean, but found she wasn't home so I knocked at the door, no answer so I looked in the pool area to see if she might be there. She was not so I closed the gate. I didn't realizing Joe was in the pool area until he walked up to my gate, opened it and then slammed it, scaring the housekeeper and I. He never said a word, just slammed my gate while we were standing at the door. Same day, different incident. Around 3:00 pm our long term tenant called me at the office to tell me about an incident that occurred with Joe Harabuda. Our tenants 13 year old daughter and her new friend from school were eating a snack in the pool area when Joe Haraburda walk up, stared at them, turned and then walked into the pool with all of his cloths on. The kids ran into the house to tell her mom, scared, Mom tries to make it sound funny so the kids would laugh at the situation. Melissa then asks, "Do you think he will hurt us if we go into the pool area again?" I told her no but to tell you the truth, "I really don't know if he would or or not!" Joe has already scared the kids twice, once by telling them they can't swim., and then again today. are long term tenants! Sandy Joe and Cathy know these IiJrl-HIBIT NO.-� -S`t OF Qd Dan Watrous From: 4152990044@vtext.com Sent: Tuesday, September 10, 2013 12:06 PM To: Dan Watrous Subject: This is a text our long term tenants/friends sent ... This is a text our long term tenants/friends sent me..more explanation to follow She's home and staring out the window. We OK? EXHIBIT NO.q Dan Watrous From: Sandy Anderson [sanderson@coalesce.com] Sent: Tuesday, September 10, 2013 5:21 PM To: Dan Watrous; Ron Losch Subject: Several more incidences brought on by the Haraburdas Attachments: Letter to Dan, abusing our tenants.docx Hello, Dan; Sorry, the town has to receive things like this. I love Tiburon but finding it difficult to enjoy '' You don't know who I am and can only go by what you are told ... this is really sad! Sandy Anderson EXrHIBIT N0. q P- Ci dry 11-6 Dan, I'm notifying you of a few more incidences that occurred between the Anderson's long term tenants, their kids, police and the Haraburdas during the first weeks of their stay. See items 1- 4 Our tenants just purchased a home in Belvedere. While waiting, our tenants decided to rent from us for a month or so to get the kids started in their new school and hopefully get a few things repaired before getting settled in. 1. From the first day our tenants arrived, the Haraburdas watched them from their windows, which doesn't seem to be a big deal until it happens day in and day out, making our tenants feel extremely uncomfortable, using the word, "Harassed. Their oldest being the most affected. 2. When the kids decided to go swimming one day, while Courtney and I were having a glass of wine with the parents, (our tenants/friends), Joe decides to walk up to the kids, not their parents, who are only steps away, to tell them, "No swimming in the pool." This prompted Courtney, along with the father of the kids, to jump up and run to the pool area to see what was going on. This stranger to the kids, Joe Haraburda, scared them right out of the pool. The Haraburdas were able to see from their windows, pool area and deck, that we are only steps away. The kids are old enough to be in the pool but are watched at all times. Joe Haraburda approaching the kids instead of the parents, if not the Anderson, was inappropriate. 3. On 9/07/13 our tenants invited a few new friends over for drink while the kids were swimming. They had asked me to join them but I couldn't for the moment. I received a text from our tenant stating, "She's home, (meaning Cathy Haraburda) and staring out the window. We OK? I reply, "Yes, let me know if she (Cathy Harabuda) continues to stare. Moments later, Cathy started screaming at the kids, "Shut up!" 1 was told the next day that this had happened before I entered the pool area. A few minutes later I sent another text, "Are you still in the pool area?" Not hearing an answer back, I decided to join them. The adults were watching the kids swim while getting to know each other. I offered to watch the kids while the adults went up onto our upper deck to enjoy the view and relax while getting to know their new found friends. A few moments later, I see Cathy walking along her path; she stops for a few minutes, scowling, then turns to opens the gate and greets a Tiburon police officer that she had called. They stood and talked for a few moments before I noticed the officer gesturing to Cathy for them to go inside to her residence. A few moments later the officer comes over to me and asks, "Who are you?" My reply, "Owner." I explained to him these are our long term tenant and they are allowed to swim according to the permit. He explained to me that he had been briefed on the situation but this is the first time he had been called to this residence for this particular issue. He said he will explain to the Haraburdas that the kids will be allowed to continue swimming and we shouldn't have any more problems. After the officers returned to Cathy's residence to explain that we have the right to swim, per the permit, my tenant returned to see if things were ok. I told him the officer was just now leaving. As the officer drove away Joe walked into the pool area to confront our tenant with a barrage of accusations and questions, "This is my pool", "You are not allowed to swim" "Who are you" and much more. This, just moments after the officer explained to the Haraburdas that our tenant are allowed to swim according to the permits. By then EXHIBIT NO.-�- l �z everyone was in the pool area arguing. When I tried to intervene and stop the arguing, Joe told me to, "Shut up, I don't want to talk to you" so I called the Tiburon police, before things got out of hand. Joe continued to argue with our tenant, worse, while the kids are still in the pool listening to the entire conversation. I begged.him to leave but he continued! Joe finally left when he heard the officer's car pull up. The kids were scared and wanted out of the pool. I was shaking and found it difficult to find the right words to answer the questions the officer was asking. Our tenant helped calm the situation and spoke to the officer for me. This was the same officer that had just spoken to Cathy only a few moments earlier so he knew what the situation was. A few days later I picked up the new police reports. In the reports the officer states, which I will be faxing to you shortly, "There was no merit to the complaint" made by Cathy Harabuda. 4. To take the kids mind off of the incidence, I took them to our upper unit to watch our home theater, while the adults could resume there conversation. I was to shaken to join. The adults decided to take it indoors for some privacy. They ordered a pizza, picked it up, ate, moments later our tenants newfound friends went home. Our tenants decided to finish watching the movie with their kids before retuning back downstairs. When the movie was finished, one of them cleaned up, the other took the baby back downstairs. As he was walking down the stairs with the baby, Cathy yelled out from her window, "Shut up" According to our tenants, neither of them had said a word, at all, no talking was going on, and so Cathy's abuse was unwarranted. Taking a few moments to understand what had just happened, he returned, "You shut up!" Cathy's next word, "Fuck you." Cathy went back inside slamming her window loudly. All kids were present during the verbal profanity. You can only imagine what was going through my tenants' minds at this time. You will be receiving an email or letter from our tenants explaining their version of the situation. Once again, I'm sorry the town has to hear any of this. Sincerely, Sandy Anderson E ,1111BI I' NO. p, q3 CP Clio Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Wednesday, September 11, 2013 11:36 AM To: Dan Watrous Subject: Just to clarify the weekend of August 30 -Sept 3 Dear Dan: I don't know if you got a complaint about us on Labor Day weekend, but just in case you did Friends Mike and Eileen Castle went up to our Clearlake house with us over the holiday weekend to do wine tasting. We returned Sunday night and they stayed in our upper two bedroom which was vacant before returning to Santa Clara Monday morning. They loaded their luggage Monday morning using the driveway since they are friends, not seasonal renters. Monday night another set of friends, Jose and Pam Picazo, came over for drinks which we had on the bay side deck of the upper unit and they spent the night before returning the next morning to Livermore. They did not use the driveway. Also, for your information, we are having a get together with friends this Friday night and anticipate about 30 guests. Even though little noise will reach the Haraburda's, they are sure to complain to the police, who will once again find no merit in their complaints. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com http://www.linkedin.com/in/coalescecommunit Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that conquer scientific barriers and speed the creation of better medicines, diagnostics and materials. EXHIBIT N0. 4 pr 44(] Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Wednesday, September 11, 2013 1:24 PM To: Dan Watrous Subject: The 25th Complaint about the Haraburdas' by a non -seasonal renter staying with us Dear Dan: Here is the 25th complaint about the Haraburdas from guests, friend and family member. This guest was staying over a month and not a seasonal renter: From: Zipperling [mailto:m.s.zipperlinci(&t-online.de] Sent: Friday, July 26, 2013 1:33 PM To: Dr. Courtney Anderson Subject: Re: Tiburon Vacation Visit Dear Sandy and Courtney, back in Germany, I want to address a matter that happened to us during our - otherwise very enjoyable stay - at your property in Tiburon. On the very first day, your neighbour (Mr Joe ?) approached us and said something like "Hi, I'm John and my wife is Katy and we are nice people no matter what other people may tell you." We didn't really react because what are you supposed to say to a statement like that? The other thing that he said was something like we were allowed to use their pool. Was I supposed to actually thank him for that after we had paid the aggreed price? On the second day, the kids jumped into the pool which is located between yours and your neighbour's properties. Katy, the neighbour, jumped right out of her skin and yelled at us from the balcony, whether we understood her. We affirmed and she went on very disagreeably about how the kids were not allowed to jump into the pool. She made it sound as if she were concerned for the kids' safety which is ridiculous since we were watching them closely and never left the pool. What really bugged her was the noise, I guess. But it was in the beginning of the vacation and considering the fact that we were using the pool for the first time at all that is no way to approach tenants, I think. To my way of thinking, her yelling was absolutely uncalled for because we are the kind of people who understand rules and, being made aware of them, comply with them easily. No noisy yelling necessary. You know the thing of it is considering the temperature in the SF area we rented a property adjoining a heated pool, and unfortunately, except for the very last day, the pool was anything but heated. I know that you tried to fix that from the moment you were made aware of the problem, but nothing really changed. I happened to see Mr Joe talking to the pool guy when he looked into the matter in the middle of July. Since nothing changed after the pool man had visited, I am under the impression that either the pump remained broken or that Mr Joe had advised the pool man to not raise the temperature in order to keep us out of the pool and his wife happy. Since the pump worked on our very last day at the pool when you turned the heat up I tend to believe in the second alternative. That was very unfortunate because we had specifically tried to book a place with a heated pool in order to offer the kids the opportunity and fun such a thing provides... And the last day with warmer pool water offered us a glimpse of what might have been... Finally, on our very last day, we used the pool again. We had behaved according to the rules the entire time, we didn't leave anything laying around, we didn't make unreasonable noise etc. When we left the pool in order to get lunch that day, we left our towels on different chairs because we intended to come back right I EXHIBIT N0. `F after lunch. That was the first day we did that after a weeks at your place. When we returned to the pool, the chairs and table were rearranged and the towels were all thrown in a heap. Obviously, that was meant to teach us a lesson! I repeat: That was the first time at all we had left anything there after weeks of vacation and only because we intended to be right back. Now, the minute we returned I watched Mr Joe jump up on his balcony and come right towards us. He must have awaited our return quite anxiously in order to not leave any doubt on who had done all the rearranging... He told us not to leave anything behind whenever we left so as not to disturb his tenants (which I didn't see at all during the entire time, so he must have made them up). Then he left again with a "Now you watch the noise". However much I wanted to make the kids jump into his precious pool, I didn't give in to this temptation and we remained polite throughout the incident. But this is something which you wouldn't want your future tenants to deal with, I think. Well, if I ever have time left on my hands which I don't expect to happen in the near future I will take a minute and feel very sorry for those neighbours of yours who feel compelled to await our return in order to lecture us on pool behavior! There is another thing I noticed when using the washer and dryer next to the garage. I understand that your neighbours' vehicles were parked there. I considered it very impolite and un -neighbourly (and inhospitable) that they kept parking their cars in a way that made it sometimes difficult to get through to the washer with load of laundry in your arms. There was barely room between the wall or the two cars to get to the washer and dryer that are located in a corner of the garage. While that was not as bad as the pool incidents, it is something you just don't do, I think when you lease your property to tenants like us. Well, feel free to use this information in any way you think wise in order to deal with those neighbours of yours, I am glad to give you my contact data here once more: Manuela Zipperling, Gershwinstr. 12, 14513 Teltow, Germany. Kind regards from Germany, Manuela and Steffen Zipperling Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com http://www.linkedin.com/in/coalescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that conquer scientific barriers and speed the creation of better medicines, diagnostics and materials. EXHIBIT N0. R � at= (1,6 Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Wednesday, September 11, 2013 1:24 PM To: Dan Watrous Subject: Harassment by the Haraburda's according to Home Exchange Guests - Statements from Mr P and J Johnson 27th of July Hi, Dan: I hope you are having a good day. Here is more information for your files. The guests below were not seasonal renters, nor using the pool. This continued behavior just reinforces what the Planning Department concluded originally, based on the 7 surrounding neighbors statements (three additional ones volunteered to write a statement that they had not been disturbed as well), that this dispute has nothing to do with seasonal renters. It has been going on since 2003 when the Haraburda's moved in and was directed against three successive tenants that were on annual leases. This is the 24th tenant, friend and family complaint, all unwarranted. Our Best Wishes that you have an Outstanding 2013 -----Original Message ----- From: Craig Johnson [mailto:craia294(@hotmail.com] Sent: Thursday, July 11, 2013 4:20 AM To: courtnev.anderson(@coalesce.com Subject: Statements from Mr P and J Johnson 27th of July Courtney, On Thursday the 27th of July 2013 between 09:30hrs and 10:00hrs in the morning Mr Peter Johnson decided to take a look at the swimming pool which is part of your property which we were staying in as per our house exchange agreement. Whilst in the vicinity of the pool Mr Johnson felt it would be nice to take a few pictures to capture the lovely weather we were enjoying and also your property's excellent location and facility's. As he was taken his final picture he was taken by surprise at a barrage of screaming and shouting coming from behind him but obviously directed at him. Standing at the side of the pool Mr P Johnson looked up the hill towards the above house to see a lady screaming out of a window at him. His first thought was that she was in distress but once he could make sense of her shouting he realised he was being verbally attacked. The conversation went as below: - "What do you think you are doing?" Mr Johnson replied " I am staying next door in the Anderson property and I am taken a few pictures of their pool" "Are you renting?" Mr Johnson replied " No we have a house exchange agreement with the Anderson family" "This is my swimming pool" Mr Johnson replied "It is my Understanding this is a shared swimming pool with your self and the Anderson's" E )KHMIT N0. ' P,4—?c%((6 "This is MY swimming pool" All question directed at Mr P Johnson were angry and challenging. Mr P Johnson had no interest in a confrontation and simply vacated the pool. Or two groups of family's staying in your property avoided the pool to prevent any further attack. The following statement below is of Mr Jordan Johnson Whilst getting ready for my wedding in City hall San Francisco I was in the Anderson's family main upper unit of their property when I heard screaming and shouting from some where outside the house. My initial assessment of what I could hear was someone was in distress. I made my way out to the landing which looks down onto the swimming pool and could see Mr P Johnson looking up at the Anderson's Neighbours house taken a barrage of abuse from a lady in the window. She informed him it was her swimming pool. Mr P Johnson then left the pool area and came up stairs and explained the series of events. I then advised the rest of the family not to venture into the pool area in case we are subjected to further abuse. Best Regards Craig Johnson Sent from my iPhone= Regards, Courtney Or Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com htto://www.linkedin.com/in/coalescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that conquer scientific barriers and speed the creation of better medicines, diagnostics and materials. E KHIEIT NO.q_ 2 T. �g op 11 Dan Watrous From: Cathy Haraburda [c.haraburda@comcast.net] Sent: Wednesday, September 18, 2013 4:15 PM To: Dan Watrous Subject: 110 Solano Renters in Bottom Unit Importance: High Dan, Today, September 18, 2013 4 adults arrived and are renting the bottom unit that is not permitted. This is clearly another violation to the passed Resolution. In the e-mail to you from Anderson on Wednesday, August 21, 2013, he said there were long-term guests in the lower unit. These people left last week. They were not here for 31 days and used the pool. Please look into this and reply as to your discovery. Cathy Haraburda l,'AHIBIT N®. '-i �, 4c( 6r -u Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Monday, September 23, 2013 10:28 AM To: Dan Watrous Cc: sanderson@coalesce.com Subject: RE: The 25th Complaint about the Haraburdas' by a non -seasonal renter staying with us Hi, Dan: I hope you had a good weekend! Quick update: We would like to have all correspondence to the Town from the Haraburda's so we can explain why their accusations are untrue. Can you send us this or do you want us to have our attorney write you a letter? You are aware that the Haraburda's drove off Paul and Melissa by scaring their children and their children's friends and embarrassing Paul and Melissa in front of their friends by accosting them twice in the pool area, calling the police, yelling profanity at them out their (the Haraburda's) window, etc. The Steinberg's were going to stay two or more months while the kitchen was remodeled in their just purchased house in Belvedere. This again has cost us a lot of money and will be one of the issues we will pursue against the Haraburda's. The Haraburda's also harassed our other long term guest family from Germany which I have already told you about and sent you their experiences. We had our neighborhood block party on the 13"'. Cathy glared at our neighbors and friends while we were sitting in the pool area for a few minutes and then make it a point to go to the pool equipment room, unlock it, make sure the pool heater was off and lock it again (it should not be locked as you know). The no heat situation has continued from July 3`d. The Haraburda's also turned off the lights lighting the palm trees and reset our timer for our walkway lights (timer and walkway lights all on our property) to make it more difficult for neighbors to come and go. I had to help some of our neighbors enter and leave to keep the from falling until I reset the walkway lights again. That evening our friends and our other friend's parents stayed in our upper unit. They unloaded before the party on the upper driveway with no incident. Two of my cousins from Tennessee came in on the 18"' and stayed in the lower unit until our seasonal renters upstairs left. Our seasonal renters stayed five days and did not use the driveway nor pool as instructed. The seasonal renters were the parents and their two daughters. The mother is a chef and the father is an executive at Moly, managing 6,000 employees. Then we moved our family upstairs with us. They left this morning. We are hosting some friends now we made in Marin years ago staying with us now in our lower unit. Their children and grandchildren live in Tiburon. They are non-paying guests of course and we all had a swim yesterday in the frigid pool without incident (the police were not called this time and we were not accosted in the pool area). Later we have some more friends for a couple of days then a homeowner from Belvedere staying downstairs for a month while her house is remodeled. We have one home exchange this weekend for a week and then more family coming in (our daughter and our grandchildren) for nine days. Let me know if you have any questions. Have a great week. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney EXHIBIT N0. Dan Watrous From: Cathy Haraburda [c.haraburda@comcast.net] Sent: Monday, September 23, 2013 4:33 PM To: 'Dr. Courtney Anderson' Cc: Dan Watrous Subject: Pool? Importance: High Courtney, There is a man and a small girl using the Pool. Tell them to leave or I will. Joe Haraburda EXHIBIT NO. -4 Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Monday, September 23, 2013 4:53 PM To: 'Cathy Haraburda' Cc: Dan Watrous Subject: RE: Pool? These are our friends as explained already to the Town. By the way, we pay water and electricity for the pool all year, but you are not paying gas for the six months (Mayl — Oct 31 5) to offset our electricity charge, as per you agreement. You have done this most of the time for the last ten years as indicated by all the emails about this. Therefore, when we finally adjust our respective bills, we will offset your side by the amount of time the pool has not been heated by the amount of time it should be heated, times our electricity bill for the pool pump. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com httD://www.linkedin.com/in/coalescecommunitv Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 KKIHIBTT NO.q_ P. 5,2 or ( I Dan Watrous From: Dan Watrous Sent: Wednesday, September 25, 2013 1:21 PM To: 'Cathy Haraburda' Subject: RE: 110 Solano Renters in Bottom Unit Cathy If there are short-term renters staying in the bottom unit, that is a violation of the Town's seasonal rental unit permit requirements, as Dr. Anderson does not have a seasonal rental unit permit for that unit. The only permit that he has is for the upper unit. The requirements prohibiting seasonal renters from usina the pool apply to the upper unit ONLY. We will ask Dr. Anderson to provide proof that anyone staying in the lower unit is staying for 31 days or more. Absent concrete, evidential proof to the contrary, people staving in the bottom unit can use the pool. We will not simply accept your observations of the comings and goings of people in the bottom unit as definitive proof of the length of stay, as renters can come and go to other locations during a longer rental stay. Dan Watrous Daniel M. Watrous Planning Manager Town of Tiburon (415) 435-7393 From: Cathy Haraburda [mailto:c.haraburda@comcast.net] Sent: Wednesday, September 25, 2013 1:07 PM To: Dan Watrous Subject: RE: 110 Solano Renters in Bottom Unit Importance: High Dan, I believe there is a misunderstanding. We understand that the Seasonal Permit was approved for only the upper unit, and that seasonal renter's are not allowed use of our pool staying less than 31 days. We also are clear that if the Anderson's rent the unit below, only long term renters staying in the bottom unit for a period of 31 days or more are allowed use of our pool. The problem here is that the 4 people who arrived on September 18, 2013, staying in the bottom unit that I emailed you about on September 18, 2013, were only staying in the bottom unit for a total of 7 days. These people left yesterday, Tuesday September 24, 2013, which is less than 31 days! In the e-mail to you from Anderson on Wednesday, August 21, 2013, he said there were long-term guests in the lower unit. These people left the week of September 8. They were not here for 31 days and used the pool. EXHIBIT NO. 4 P,53 ��1 We can assume that someone in the pool is automatically in violation of the permit when one group leaves and new tenants arrive less than 31 days. We live less than 25 feet from the Andersons and the pool is directly in front of our kitchen window. The Anderson's continue to rent out the bottom unit to people who are staying for LESS than a period of 31 days, and they allow them to use the pool. This arrangement violates our agreement. Please advise how we should deal with this unfortunate ongoing violation. This has been disruptive to our lives. Cathy Haraburda From: Dan Watrous [mailto:dwatrous@townoftiburon.org] Sent: Tuesday, September 24, 2013 4:46 PM To: 'Cathy Haraburda' Subject: RE: 110 Solano Renters in Bottom Unit Cathy You do not understand that people can stay in the lower unit as long as they are there for more than 30 days. They are therefore not seasonal renters and not bound by the requirements of the seasonal rental unit permit. Seasonal renters = restrictions apply = cannot use the pool Not seasonal renters = restrictions do not apply = can use the pool. If you do not understand this, you need to come in and I will explain it to you in person. Dan Daniel M. Watrous Planning Manager Town of Tiburon (415) 435-7393 From: Cathy Haraburda fmailto:c.haraburda(alcomcast.net] Sent: Tuesday, September 24, 2013 4:39 PM To: Dan Watrous Subject: RE: 110 Solano Renters in Bottom Unit Importance: High Dan, On May 6, 2013, the permit was approved for the upper unit only. The lower unit and guest room over the garage were not annroved as seasonal rental units. EXHIBIT NO.---�I- z Sof6t--oa What do I not understand? Cathy From: Dan Watrous [mailto:dwatrous@townoftiburon.orgl Sent: Tuesday, September 24, 2013 3:43 PM To: 'Cathy Haraburda' Subject: RE: 110 Solano Renters in Bottom Unit Cathy You and Joe need to very carefully read and understand the restrictions in the permit. The seasonal rental unit permit only applies to the upper unit. It does not apply to the bottom unit. Do not assume that someone in the pool is automatically in violation of the permit, as people staving in the bottom unit and Iona -term renters of the upper unit are not bound by the limitations of the seasonal rental unit permit. If you or Joe are unclear about this, perhaps you would like to schedule a meeting where we can go over these requriements once again. Dan Watrous Daniel M. Watrous Planning Manager Town of Tiburon (415) 435-7393 From: Cathy Haraburda [mailto:c.haraburda(alcomcast.netl Sent: Tuesday, September 24, 2013 3:38 PM To: Dan Watrous Subject: RE: 110 Solano Renters in Bottom Unit Importance: High Dan. Why do you say "These people can use the pool?" They are in the bottom unit that does not have a permit. Cathy From: Dan Watrous rmailto:dwatrous(ubtownoftiburon.oral Sent: Tuesday, September 24, 2013 2:52 PM To: 'Cathy Haraburda' Subject: RE: 110 Solano Renters in Bottom Unit Cathy Yes, you may call the police. Once again, please keep in mind that anyone who is a long-term renter is not bound by the limitations of the seasonal rental unit permit. These people can use the pool. You cannot assume that someone in the pool is violating the permit requirements. Sincerely, Dan Watrous EXHIBIT NO f�SSo�ll�� Daniel M. Watrous Planning Manager Town of Tiburon (415) 435-7393 From: Cathy Haraburda rmailto:c.haraburda(c comcast.netl Sent: Tuesday, September 24, 2013 2:23 PM To: Dan Watrous; Dan Watrous Subject: FW: 110 Solano Renters in Bottom Unit Importance: High Dan, The Andersons continue to let their renters use our pool. The people in the lower unit have been using the pool and pool area this weekend and yesterday. Do we call the police every time they violate the Passed Resolution? Our e-mails to Anderson go unanswered. Have you notified Anderson about the people occupying the bottom unit and using the pool? Please reply. Cathy Haraburda From: Cathy Haraburda [mailto.c.haraburda(alcomcast.netl Sent: Thursday, September 19, 2013 4:19 PM To: 'Dan Watrous' Subject: FW: 110 Solaro Renters in Bottom Unit Importance: High Dan, Did you receive this e-mail I sent yesterday? Cathy From: Cathy Haraburda rmailto:c.haraburda(cbcomcast.net] Sent: Wednesday, September 18, 2013 4:15 PM To: dwatrous(cbtownoftiburon.ora Subject: 110 Solaro Renters in Bottom Unit Importance: High Dan, Today, September 18, 2013 4 adults arrived and are renting the bottom unit that is not permitted. This is clearly another violation to the passed Resolution. In the e-mail to you from Anderson on Wednesday, August 21, 2013, he said there were long-term guests in the lower unit. These people left last week. They were not here for 31 days and used the pool. Please look into this and reply as to your discovery. Cathy Haraburda Fi[iilS}�il No. Dan Watrous From: 4152990044@vzwpix.com Sent: Wednesday, September 25, 2013 8:43 PM To: Dan Watrous The Harburdas have refused to have the pool cleaned. The company came to clean, Cathy wouldn't open the door. The pool is to cold to swim EXTHIBIT N0. P. 5,7 or- (ti Dan Watrous From: 4152990044@vzwpix.com Sent: Wednesday, September 25, 2013 8:44 PM To: Dan Watrous Weeds are growing in the pool. Pool is green EXHIBIT N0. q P. 5-5 C>r=u6 Dan Watrous From: 4152990044@vzwpix.com Sent: Wednesday, September 25, 2013 8:51 PM To: Dan Watrous Weeds in pool and growing all over path. Difficult to walk on path. Slip and fall EXHIBIT NO P, Sic bp- ti -fo Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.comj Sent: Thursday, September 26, 2013 6:44 AM To: Dan Watrous Cc: sanderson@coalesce.com Subject: RE: 110 Solano Renters in Bottom Unit Hi, Dan Thank you for explaining to the Haraburda's once again. We have told them multiple times that we will NOT ALLOW seasonal renters in the pool or on the driveway as per our permit. Since this restriction was applied to our permit, NO Seasonal Renters have been allowed to use the pool. Anyone we allow in the pool (although the Haraburda's have rendered the pool too cold to swim, unkept and uncleaned) will be ourselves, family, friends and long term renters, to wit: 1. Steffen and Manuela Zipperling and their children from June 30 -Aug 3. They and their children were intimated frequently by the Haraburda's, as described in an email from Manuela that I forwarded to you. 2. Paul and Melissa Steinberg from August 14 -Sept 22. They were planning to stay longer to remodel their kitchen, but after Joe scared the children and their friends, had them interrogated by the police, and Cathy yelled profanity at them from her window whenever they walked on our property, they decided to move into their new Belvedere house earlier, live with the outmoded kitchen and remodel in a year or so. Paul is on the road for two weeks but is writing the Town a letter describing the Haraburda's abusive treatment of him and his family. 3. Beverly Savitt is moving in Oct 7 and staying for a month or more (I have her leaving Nov 7th on her contract) to remodel her Belvedere home. She is elderly so Sandy will be helping her. I have copies of all these long term contracts if the Town would like to see them. Other than that we understand that we cannot rent the other properties without a permit for less than 31 days. We had our family stay from the 18th and 19th in the lower unit before we moved them to the upper unit when our seasonal renters left. We have friends in the lower unit, a Marin attorney we met years ago that moved to Australia. They will be here to October 1 st We have been staying in the upper unit since our family left We have a house exchange from the 27th to the Oct 4th for six people staying in the upper unit and the studio. We have instructed them NOT to use the pool or driveway. We would still like to discuss this with you sometime. But the way the pool is now (cold and dirty) makes it mute. We have put in our home exchange agreements that the pool can only be used for exchange stays of 31 days or more. We have my sister and brother in law coming over this week and our daughter and grand kids coming in on October 11-201h , staying with us in the upper unit. We explain to our seasonal renters and put on our website that pool use is only available for those staying 31 days or more. EXHIBIT N0. 4- P, (,�,oOF- 114 For our non- permitted units, we put on our website that the minimum rental period is 31 days. We also state this in all our coorespondence answering requests. I will keep the Town informed of any additional information to the above so they can be prepared for these confusing Haraburda's complaints, which I can't make any sense of. We don't recognize the dates and descriptions they cite. We have frequent family, friends and employee visits our home and we enjoy entertaining them. I guess the Haraburda's are seeing this as renting? The Haraburda's should keep in mind that since we can no longer have rentals for less than 31 days except for our upper unit, we have large gaps that are open. We invite family and friends to come and stay with us because otherwise these units are just vacant and we would prefer to share them with family and friends. Also, we have no understanding of how one or two of our family, friends or long term renters, swimming maybe twice a week for an hour during the day, could ever be experienced as being disruptive to their lives, or anybody's life for that matter. We have always gone out of our way (turning off outside lights at night, keeping the garage they use clean, not parking my commuting car on the driveway so as to not wake them when I go to work, agreeing to all their pool rules, driveway rules, etc) to maintain as pleasant a surrounding for them as possible. Why they constantly assail us, our family, friends and guests is beyond our understanding. I hope you have a good rest of the week. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com htto://www.linkedin.com/in/coalescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 EXHIBIT N0. q Dan Watrous From: 4152990044@vzwpix.com Sent: Friday, September 27, 2013 5:14 PM To: Dan Watrous We received a call from Joe complaining that our friends were blocking the pool yesterday. They stayed about a half an hour, swimming 10 minutes or less and then went out for dinner. Courtney enjoyed time as they all talked. Today was almost the same but a little less time in the pool, total 30 minutes or less. The pool is to cold for any of them to enjoy. I was with them the entire time, sipping wine and just talking. A few other guests came by for about 20 minutes. I'm explaining this because the Haraburdas will probably be sending you an email or calling you soon, if they haven't already. This is the absolute true! Sandy EXHIBIT N0. q 1 V• %Z bF-A& Dan Watrous From: Cathy Haraburda [c.haraburda@comcast.net] Sent: Saturday, September 28, 2013 5:08 PM To: 'Dr. Courtney Anderson' Cc: Dan Watrous; Dan Watrous Subject: 110 Solano Garage Unit Importance: High Courtney, Last night, September 27, 2013, at 10: 40PM we were awakened by loud voices, laughter, and luggage rolling over the driveway. These people were coming from your upper unit and going up to the garage unit with their luggage. Do you have a long-term lease for the garage unit? You were not on the property. Joe Haraburda EI HIBIT NO. '4 P. V3 6P I i $c Dan Watrous From: Cathy Haraburda [c.haraburda@comcast.net] Sent: Saturday, September 28, 2013 5:29 PM To: 'Dr. Courtney Anderson' Cc: Dan Watrous; Dan Watrous Subject: Pool Area Importance: High Courtney, Your renters in the bottom unit are smoking and have glass beer bottles and glass drinking wear in the pool area. You are not on site. Did you give them the pool rules? Tell them to close the gate to the pool as they leave it open. Do you have a long-term lease with these people? Please reply ASAP. Joe Haraburda EXHIBIT NO. L% �, (0q t)t;;- L 16 Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Sunday, September 29, 20139:07 PM To: Dan Watrous Subject: FW: 110 Solano Garage Unit Importance: High Hi, Dan: I hope you had a good weekend! Sorry you are beleaguered by these constant falsehoods. Last Thursday the Haraburda's accused our friends of leaving the pool area a mess, but I was in the pool area visiting with our friends and we left it in perfect shape when we left to go inside. On Friday, the Haraburda's were not even home when our home exchange guests (I told you they were coming last week) arrived and Sandy helped them roll their luggage up the driveway at 9 PM. Sandy was there the entire time and the Haraburda's came back at 10:30 PM (note that the Haraburda's tell us we can't use our driveway after 9 PM while they can come in at any time of night and park right outside our guest room windows. I guess there are two sets of rules). The neighbors across the driveway from the Haraburda's are quite noisy in the summer when the windows are open so maybe that is it. It was not our guests for sure because Sandy would have heard them. I was in the city for the evening and I and my friends rejoined Sandy Saturday morning. Joe spent all day in the pool area. I am glad he is finally enjoying it. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com http://www.linkedin.com/in/coalescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 E a� IBTT NO. P [(-60 Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.comj Sent: Monday, September 30, 2013 9:25 AM To: Dan Watrous Subject: RE: 110 Solano Renters in Bottom Unit Hi, Dan I mentioned to the Town in an earlier email that some friends were staying with us last week and also answered Cathy's query (or one like it) last week in an email to you as well. Only our old friends have been staying in the bottom unit and they will be leaving tomorrow. Prior to that were two long term renters in a row. A third long term renter will be coming in October. We have a home exchange for both the top and bottom over the weekend, but they will not be using the pool. We have a month or more long term renter moving into the bottom unit on Oct 7 and staying at least to Nov 7 while their house is being remodeled in Belvedere. They will be using the pool. We have family (my daughter and our grandchildren) coming to stay with us in the top unit in October. All of us will be using the pool. PS: the Haraburda's turned on the pool heat when Joe was swimming on Saturday. I don't know whether they will leave it on or turn it off. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com httD://WWW.linkedin.com/in/coalescecommunitv Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 E-.,v,I-IIFIT NO, P, 4+ of td�!- Dan Watrous From: Cathy Haraburda [c.haraburda@comcast.net] Sent: Tuesday, October 01, 2013 11:38 AM To: Dan Watrous Subject: 110 Solano Garage Unit Importance: High Dan, The 110 Solano garage unit is being rented along with the upper unit. The garage unit is not permitted. This is a violation. On Sat 9 /28 /2013 at 5:08 PM,1oe sent Anderson an e-mail stating: • Last night, September 27, 2013, at 10: 40PM we were awakened by loud voices, laughter, and luggage rolling over the driveway. These people were coming from your upper unit and going up to the garage unit with their luggage. Do you have a long-term lease for the garage unit? You were not on the property. Anderson did not respond. Please advise Anderson and copy me. Regards, Cathy Haraburda E K- IIBIT N0. q P. (P? ot - Dan Watrous From: Joseph Haraburda Oharaburda@oaklandchamber.com] Sent: Tuesday, October 01, 2013 1:10 PM To: Dan Watrous Cc: Dr. Courtney Anderson Subject: 110 Solana' Seasonal Rental Dan I believe Cathy and I have a grasp of the Planning Commission Decision regarding the Andersons permit for seasonal renters and its parameters. The reality is 110 Solana is a motel at its best. Never a day without a tenant and the lights are always on! Again chatter in the driveway at 10:30 PM and lower unit residents staying for less than 8 days using the pool! In my Sunday conversation with the gentleman using the pool I did not challenge him, a visitor from Australia, but simply asked how long was he staying and the answer was we are leaving on Tuesday after arriving midweek the previous week. Nowhere near 31 days. Given Mr. Andersons recent note and your interpretative note of August 21' it would seem the Anderson's are not in compliance. We appreciate your taking time to respond to our notes! Let me again reiterate, why would I complain if there were no noise? Why would I complain if the Andersons were following the decision of the Planning Commission? I have no idea what they tell the tenants but clearly they give them a story which has resulted in confrontation as I explained to Chief of Police Cronin in a detailed letter. He was quite professional in his response. This is both a City issue as it relates to the Seasonal Use Permit and a personal issue in that we are being harassed passively by the Andersons and directly by at least one of their tenants who wanted to know if I could prove I owned the Pool while his kids were splashing me. Cute family[ We are still in hopes the situation will improve and I am happy to sit down with Mr. Anderson to work out an understanding. All he need to is to call me. To Mr. Andersons P.S. Here is the scoop on the pool heater... July 2"" or P the pool heater ceased to function resulting in our contacting the insurance company to have it assessed. They said it was OK but then a few days later it went out again. The same company returned and recommended it be replaced. We contacted the City to determine if a permit was need and told yes. We applied and because of City Staff vacations waited more than 4 weeks for the permit to be made ready. The first contractor we chose got tired of waiting and returned our deposit. The second contractor ordered the $3,000 heater and after two more weeks or so it arrived. It was installed and promptly malfunctioned...something to do with the brain of the unit. My timing might be off on this scenario but why would I deprive myself of my pool not being heated? Another wait of a week or more and the new unit arrived and was installed about two weeks ago. It has been on ever since. So Mr. Anderson's comment of not knowing if I turned the pool heater off is purely speculation on his part and a lack of trust. All he needed to do was to ask me. But at no surprise he does not return our calls or emails. a fr 1 E IHIBIT NO. `t ?, & Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Tuesday, October 01, 2013 8:49 PM To: Dan Watrous Subject: RE: 110 Solano' Seasonal Rental Hi, Dan: Good morning. I am very sorry that once again the Town is getting the same constant barrage of fabrications from the Haraburda's that we have been the blunt of for the last ten years. I feel forced to reply to these accusations so that the Town understands the truth. We have canceled and are still refunding deposits to many disappointed, outstanding and wonderful people who the Town would be happy to welcome as visitors. We have had to spend hours explaining to family, friends, long and short term tenants that they will be constantly accosted and embarrassed by the Haraburda's abusive behavior. We continue to comply with the planning commission's decision; accepting only the few who fall under the permit or are staying more than a month. Answers to Joe's other accusations: 1. We no longer reply to the Haraburda's because their harassing behavior never ends. We comply with their demands even though they are ridiculous, only to have the Haraburda's pile more and more demands on us and our tenants. I have had meetings with Joe, where he agrees not to bother us, our family, friends and guests, and a week later, the Haraburda's go back to their old behavior. 2. Our home has never ever been noisy as ALL of our other neighbors agree. Where are the complaints from neighbors? Why do the police, called by the Haraburda's, arrive, inspect our property, and then report "no merit to complaint." 3. It is almost totally silent at our home day and night. For the most part, our family, friends and guests leave in the morning and come back after dinner. 4. We don't need a permit to have friends over such as Steve and Jenni from Australia. Steve and I met when he was an attorney here in Marin and he is also a friend of prominent VCs that invest in our companies. 5. The guests staying over a month were harassed by the Haraburda's who scared their daughter and her friend by yelling at them and then walking right in front of them and then falling fully clothed into the pool. The parents then stayed with the children and were constantly stared out by the Haraburda's. He and his wife were confronted several times by Joe, who somehow forgot they he had already talked to them twice before. 6. Sandy and I will always have friends, family, car club members and business associates visiting us. Like anyone else, we enjoy the company of great people. 7. The pool heater issue is another fabrication. It was turned off July 3 and was left off all summer and turned on Saturday (Sept 28). That is three months. I have rarely seen the Joe swim in ten years. I have only seen their tenants swim once or twice, once with our tenants. The pool heater has been off for months each summer for some reason or the other, since the Haraburda's moved in. This is an every summer event. 8. The Haraburda's must have a problem with lights since our timer for our walkway lights was mysteriously scrambled during our neighborhood get together, making it difficult and dangerous for our guests to come up the walkway. The timers, of course, are accessible only in the pool area. 9. Our home has never been a "hotel." Ten neighbors, many closer than the Haraburda's, will disagree vehemently. Annual renters or short term renters have equally been the victims of the Haraburda's. We keep our house pristine and only welcome the best families to our home. They are all doctors, CEOs, presidents, directors and their families. EXHIBIT NO. 1 &q 617-�114 10. When we review this permit at its annual review, we will bring neighbors who wanted to come to support us at the earlier planning commission meetings. We told them not to come because we feared retaliation by the Haraburda's. We welcome any questions you may have. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com hftp://www.linkedin.com/in/coalescecornniunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 E N-HIBIT N0. 4 p,7a or -t[4 Dan Watrous From: Cathy Haraburda [c.haraburda@comcast.net] Sent: Thursday, October 03, 2013 2:17 PM To: Dan Watrous Subject: FW: 110 Solano Garage Unit Importance: High Da n, The use of the Garage Unit is not permitted and is being rented with the people in the upper unit. This is a violation. Please respond. Cathy From: Cathy Haraburda[mailto:c.haraburda(a)comcast.net] Sent: Tuesday, October 01, 2013 11:38 AM To: 'Dan Watrous' Subject: 110 Solano Garage Unit Importance: High Dan, The 110 Solano garage unit is being rented along with the upper unit. The garage unit is not permitted. This is a violation. On Sat 9 /28 /2013 at 5:08 PM, Joe sent Anderson an e-mail stating: • Last night, September 27, 2013, at 10: 40PM we were awakened by loud voices, laughter, and luggage rolling over the driveway. These people were coming from your upper unit and going up to the garage unit with their luggage. Do you have a long-term lease for the garage unit? You were not on the property. Anderson did not respond. Please advise Anderson and copy me. Regards, Cathy Haraburda E CHIEIT NO. rl),, -21 OP U Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Wednesday, October 09, 2013 12:22 PM To: Dan Watrous Cc: sanderson@coalesce.com Subject: More Haraburda difficulties: Andrews Birthday Party issues!.doc Attachments: Andrews Birthday Party issues!.doc Hi, Dan: I hope you week is going well! Here is a letter from friends of ours that encountered the Haraburda's. It is the 2r complaint from friends, family, tenants and guests. There are more on the way for your files. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coaiesce.com httr)://www.linkedin.com/in/coalescecommunitv Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that conquer scientific barriers and speed the creation of better medicines, diagnostics and materials. E ;IHIEIT NO. To whom it may concern! I must take the time to document a very uncomfortable situation on September 15, 2013. As a guest at one of our best friend's home, Courtney and Sandy Anderson, for my adopted son's birthday celebration and an open house for their neighbors, we experienced many instances of very strange and unusual behavior from their neighbors who live above them. Sandy and Courtney said they are the Haraburda's. I was out by the pool by myself having a morning cup of coffee and putting my toes in the pool. I could see an older women glaring down at me like I was doing something wrong. Then Sandy came out because she was embarrassed how dirty the area was and started cleaning it up. The woman then came down the walk to the pool with her hands on her hips, glared at me for some time and then she went over to the pool room and turned off the pool! Not that I was going in but she her actions were very aggressive and very strange. Now I understand why my daughters felt stalked when they were at the pool last year. I noticed the woman looking out the window continually at us that day as we came and went on the Anderson's property preparing for the event. Although none of the guests were allowed in the pool area, I noticed when it got dark that all the outdoor lights in the pool and Anderson's walkway had been turned off. The lights are normally all on for the safety and beautification of the pool and walkways. It was very difficult and dangerous for the guests and the Andersons neighbors who attended to get in and out of the house in the dark. (Most who were 50 years old plus). Courtney and Sandy told me that the walkway lights were in their pool bathroom and had been turned off by someone else. Thank goodness Courtney was able to reset the lights on their walkways for safety. I found it very mean spirited to turn off the lights and endanger our guests and Sandy and Courtney's neighbors just because we were having guests. The lights were fully on the night before and then turned on after the party was over, and came on as usual the following night. Yet they were purposely turned off during the party. When I stained my white jacket and had to go to their outdoor laundry area in the garage. I could not even get to the cabinet because the neighbor's car was parked so close to the washer and dryer, she either climbed thru the window or went out the passenger door. The list can continue! I would not have reported this display by Courtney and Sandy's uphill neighbors, the Haraburda's, if this had been the first uncomfortable and strange thing that has happened to us, my husband and daughters on prior visits. As my husband and I have been looking to move to Tiburon I hope this not an indication of the neighborhood! Please feel free to contact me at any time for more information regarding this issue. Pam Picazo PICAZO Vineyards pam@picazovineyards.com &rFIIBIT NO. P.-73 r �l Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Tuesday, October 15, 2013 7:23 AM To: Dan Watrous Subject: More of the same Hi, Dan This is not the Town's problem, but for the Town's files. The Haraburda's claim that the pool heater was broken for the summer and it took them months to fix it. We and our friends could not swim in it all summer because it was freezing. It miraculously worked again two weeks ago and the Haraburda's turned the heat up the weekend Joe was swimming and then they turned it down again so it is impossible for our family and our visiting daughter and grandchildren to swim. We tried to on Saturday but our grandchildren ended up getting so chilled we had to warm them up with our own body heat. The point is, once again, the heat is off, not because of a pool heater problem, but because the Haraburda's want to make sure none of us can enjoy. They can leave the heat off because they and their tenants rarely swim. Although the Haraburda's agreed to heat the pool because we pay all water and electricity, they have frequently turned it off for months. So the Haraburda's claim about the pool being broken all summer is surely a fabrication like the rest of their claims. There is a long history of the Haraburda's manufacturing unsubstantiated problems with our family, friends and tenants and turning off the pool heat, yelling at them, calling the police, etc. One final point for the Town's files. Joe's claim that we should get together to discuss the issues is a sham. Both Joe and Cathy Haraburda signed a contract during mediation with numerous points that they were supposed to perform and they only did one thing, disconnect their sprinkler from ours. Money owed us, respecting our privacy and a host of others things they agreed in writing to do were never honored. This is why it makes no sense for us to have any further on discussions with them. I hope you have a great week. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com http://www.linkedin.com/in/coalescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that conquer scientific barriers and speed the creation of better medicines, diagnostics and materials. EXHIBIT NO.� Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com) Sent: Friday, October 11, 2013 9:02 AM To: Dan Watrous Subject: 110 Solano Events Hi, Dan: I hope you had a great, productive week. Just so you will be prepared We have a tenant doing a remodel on her Belvedere home staying with us (lower two bedroom) this month and into November (greater than 31 days). We have a seasonal renter, her mother and two sons leaving today from the upper unit. My daughter and my two grandchildren are coming in today to stay with us in the top unit. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com hftp://www.iinkedin.com/in/coalescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 EXHIBIT N0. �, 7S OF 114& Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Tuesday, October 15, 2013 9:05 AM To: Dan Watrous Subject: Complaint #27 from friends about the Haraburda's Attachments: Gueta's Letter about the Haraburda's Harassment.pdf Hi. Dan: Good morning. The attached is for your files. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com hfti)://www.linkedin.com/in/coalescecommunitv Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that conquer scientific barriers and speed the creation of better medicines, diagnostics and materials. KXHIBIT NO._ P, 7, aF (l OCT 15,2013 06:58A Courtney Anderson 4154646002 September 15, 2013 Hi Courtney, Thanks again for the lovely place- I adore it. But I must say- and you probably already know this -your neighbors don't speak well for the neighborhood or the Tiburon community, which, frankly, I expected to be a bit more polite, especially in light of my condition. Can't you do anything about them? They were really a sore point- insulting. It reminds of me the show Bewitched- where Mrs. Kravitz has nothing to do all day but be a busy body looking out the window, trying to find something to insert herself into. I mean, really.... No doubt you'll agree- while Dean was helping me unload groceries- and we put the handicapped hanger clearly on the mirror before driving down the driveway. someone came up behind him —it scared the heck out of both of us- and told him he wasn't supposed to be in the driveway. He explained I have an artificial hip and bad back, etc., and that he was helping me unload groceries, but the man just stood there and told him he had to move the car. I rolled up the windows and locked the doors. Who knows with all the shootings going on what a crazy person like that might do. It really scared me. Then, Dean was using the pool everyday as you know he needs to do that following his surgery (he's doing great now by the way, but needs to keep it up)- I think the first or second day he swam, an hour later- two policemen turned up at the door asking me if I was swimming. I turned them over to Dean, but it was embarrassing- because I had a client in the house who had come over for a drink and to see the view. Honestly, in my position, I just can't have that. And it just continued like that. I'm sorry foryou having to deal with these horrible neighbors. I'd be happy to come again, but isn't there something you can do? I really need to swim, too, because of my hip and back. But I don't want to be in fear of getting brutalized either orally or physically. Who are those nuts? Best and hope 9bfs well otherwise. Let me know how you are. C� AX I page 1 EXHIBIT N0. 14 Dan Watrous From: Cathy Haraburda [c.haraburda@comcast.net] Sent: Wednesday, October 30, 2013 4:12 PM To: Dan Watrous; Dan Watrous Subject: Tiburon Vacation Rental - VRBO 247651 - 3 BR San Francisco Bay Area Condo in CA, Luxury 3BR Pool - Golden Gate &amp; San Francisco Views Importance: High Dan, The Andersons are advertising their entire property on the link below. This link shows the bottom unit and the garage unit studio for rent. Currently their entire property is rented and the Andersons are not on site. The upper permitted unit has 6 people. They have 2 elderly people from the upper unit staying over the garage unit that has no permit. Every night after 1013M, the noises from the people leaving the upper unit to go to the garage unit, have awakened us by their loud voices and leaving on lights. The bottom unit is rented to 2 elderly people who sit outside on the patio, under our kitchen window, talking in loud voices. You have not answered my 2 previous e-mails, earlier this month requesting your response. Please respond ASAP. Cathy Haraburda htto://www.vrbo.com/247651#reviews EXHIBIT NO. Li Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@cwalesce.com] Sent: Wednesday, October 30, 2013 5:23 PM To: Dan Watrous Subject: RE: Tiburon Vacation Rental - VRBO 247651 - 3 BR San Francisco Bay Area Condo in CA, Luxury 3BR Pool - Golden Gate &amp; San Francisco Views Hi, Dan: Thank you for your email. We did not get the attachment. Please resend this along with any emails the Haraburda's have sent you about us since your last update to us. We fully comply with the Town's regulations. We do not seasonally rent the three bedrooms. The listing and pricing for the two bedroom and three bedroom are for a month stay and that is the only way we understand we are allowed to rent it. From Website: $210-345 per night US Dollars Prices are for 2 bedroom or 3 bedroom unit 2 bedroom $210-270.00 per night depending on the dates for month stay 3 bedroom $315.00 to $345.00 per night depending on dates for month stay Cleaning fee $125 2bdrm, $195.00 3bdrm Special events have different rates - email for information If potential renters ask us for a shorter period of time, their only choice is to switch to the permitted two bedroom and only if they have four adults or less (which is often the case). We have documentation that shows our response to those wishing to rent the three bedroom for less than 31 days. It shows we only offer the permitted two bedroom if they have four adults or less and their stay is less than 31 days. If they have more than four adults, then we just tell them the three bedroom is only available for 31+ day rentals. That is why it has not been seasonally rented since April when the Haraburda's started this. occasionally we have a Home Exchange for three bedrooms as we have right now, but this is very rare. In this case we tell them they can't use the pool or driveway, which is sad when they have children. Similarly we have an ad for the four bedroom, to find renters who want to stay 31 days or more. Also in this case the rent is based on a month period, not a nightly period. For shorter stays we tell them to look elsewhere. Rarely, we might have a home exchange for the four bedrooms, again with the pool and driveway restriction. Fortunately we continue to have long term renters (>31 days) and occasional family or friends. Long term renters are generally retirees who spend a month or more, people moving to Tiburon and needing an interim place to stay, executives who are coming to work in San Francisco for a month or more and local people who are building a house or remodeling. The pool has been offline all summer even though we, family, friends and long term rentals are entitled to swim. The Haraburda's have kept the pool too col to swim all summer. EXHIBIT N0. Let me know if you need any documentation or would like me to keep you apprised of future guests. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Or Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com http://www.linkedin.com/in/coalescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that conquer scientific barriers and speed the creation of better medicines, diagnostics and materials. -----Original Message ----- From: Dan Watrous[mailto:dwatrous@townoftiburon.org] Sent: Wednesday, October 30, 2013 4:34 PM To: 'Dr. Courtney Anderson'; 'Courtney Anderson' Subject: FW: Tiburon Vacation Rental - VRBO 247651 - 3 BR San Francisco Bay Area Condo in CA, Luxury 3BR Pool - Golden Gate &amp; San Francisco Views Importance: High Dear Courtney, I have received the attached e-mail from Cathy Haraburda. The link below for a seasonal rental describes a 3 bedroom unit for up to 8 guests. As you are aware, you are only allowed to rent a 2 bedroom unit for a maximum of 4 adult guests. Please respond to me and modify your seasonal rental website to comply with your permit. Sincerely, Dan Watrous Daniel M. Watrous Planning Manager Town of Tiburon (415) 435-7393 EXHIBIT No. 4 ?, 5�bDr--uI& Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Wednesday, October 30, 2013 5:46 PM To: Dan Watrous Subject: RE: Tiburon Vacation Rental - VRBO 247651 - 3 BR San Francisco Bay Area Condo in CA, Luxury 3BR Pool - Golden Gate &amp; San Francisco Views Hi, Dan: The reviews of the properties are mixed up with each other. This one is the only review after the Town's April notice and was NOT for the three bedroom. You may remember that this was James Beckley who stayed in early May and that his family had booked far in advance. We the permit was granted, we knew that we could not host him but it was close to his arrival. Therefore we fully refunded his money and hosted his family for free. I sent you documentation of the refund, including a cancellation letter and a copy of the refund check. In return Jim agreed to write a review and stay with us again in the future when the permit allowed. He also wrote a letter about the Haraburda's bothering them which we included in our defense of the appeal. The other reviews are also mixed up, but before the Town's letter in April. We are following the Town's mandate and have turned down many disappointed guests because their stays were too short and their families too large to fit into the two bedroom. I will see what we can do with the websites to avoid any of the Town's concerns. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Or Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com http://www.linkedin.com/in/coalescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 EXHIBIT N0. `� Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Monday, November 04, 2013 2:34 PM To: Dan Watrous Subject: RE: Tiburon Vacation Rental - VRBO 247651 - 3 BR San Francisco Bay Area Condo in CA, Luxury 3BR Pool - Golden Gate &amp; San Francisco Views Hi, Dan: This ad is for stays of 31 days or more as per the monthly rate table that I showed you, not for seasonal renting. It combines a description of either the two lower bedroom (not the permitted upper one) and three bedroom (lower two bedroom plus studio) for a month or more. This ad has brought in three of our long term >31 days renters. I don't understand why either the lower two bedroom or the lower two bedroom and studio can't be rented for 31 days or more. Also, you can see by the reviews that it has not been rented since before the Town first contacted us in April. As mentioned we refunded $27,700 in deposits during the appeal process to comply with the Town's dictates. Please explain why this is in violation. We are NOT renting anything other than the permitted upper two bedroom to seasonal renters. The Haraburda's continue to expend valuable Town resources for their own agendas. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com http://www.linkedin.com/in/coalescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that conquer scientific barriers and speed the creation of better medicines, diagnostics and materials. -----Original Message ----- From: Dan Watrous [mailto:dwatrous@townoftiburon.org] Sent: Monday, November 04, 2013 8:32 AM To: 'Dr. Courtney Anderson' Subject: RE: Tiburon Vacation Rental - VRBO 247651 - 3 BR San Francisco Bay Area Condo in CA, Luxury 3BR Pool - Golden Gate &amp; San Francisco Views Courtnet, EXHIBIT N0. Dan Watrous From: Cathy Haraburda [c.haraburda@comcast.net] Sent: Tuesday, November 05, 2013 3:37 PM To: Dan Watrous Cc: Scott Anderson; Scott Anderson Subject: RE: Need help from City of Tiburon Importance: High Dan, Can you please reply to my questions? Cathy From: Cathy Haraburda [mailto:c.haraburda@comcast.net] Sent: Monday, November 04, 2013 2:07 PM To: 'Dan Watrous' Cc: sanderson@townoftiburon.org; 'Scott Anderson' Subject: Need help from City of Tiburon Importance: High Dan, In the link, you sent to the Andersons Wednesday, October 30, 2013 4:34 PM, shows that the rental information for the Bottom Unit was updated on September 4, 2013. They have been renting the garage unit and the lower unit to Exchange tenants. This is absolutely a violation of their permit. Attached are the e-mails I sent to you on October 1, 2013 and October 3, 2013 that you did not send me a reply regarding the garage unit. Attached information are violations for their permit. In addition, please review your e-mail sent to me on: From: Dan Watrous [mailto:dwatrous(dtownoftiburon.org] Sent: Wednesday, September 25, 2013 1:21 PM To: 'Cathy Haraburda' Subject: RE: 110 Solano Renters in Bottom Unit You stated: "We will ask Dr. Anderson to provide proof that anvon_e staving in the lower unit is staving for 31 days or more." Did you ask Anderson to provide you proof about the lower unit tenants & what was his response? In several e-mails, Anderson has told you that he is renting out his bottom unit property to Exchange guests and the City has not given him citations. Why? Please respond ASAP. Cathy Haraburda -----Original Message ----- From: Dan Watrous [mailto:dwatrous(dtownoftiburon.org] Sent: Monday, November 04, 2013 10:05 AM To: 'Cathy Haraburda' 1 MIBIT N0. 4 �t �3 trr=11� Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Monday, November 11, 2013 8:00 AM To: Dan Watrous Subject: RE: Tiburon Vacation Rental - VRBO 247651 - 3 BR San Francisco Bay Area Condo in CA, Luxury 3BR Pool - Golden Gate &amp; San Francisco Views Hi, Dan: Good morning. I changed the three bedroom and four bedroom to monthly prices. It may take a day or two to show as they have to review the changes before posting. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Or Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com http://www.linkedin.com/in/coalescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 EXHIBIT NO. 1-4 P, t)q cr— [I& Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Saturday, November 16, 2013 3:04 PM To: Dan Watrous Subject: RE: Tiburon 3BR clarified for montly rentals on listing Hi, Dan: I hope you are had a good weekend A heads up for the protection of the Town. We have long term renters coming in Sunday and leaving December 27th in the upper unit. They are nurses for an elderly person on Mar East. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com hftp://www.linkedin.com/in/coalescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 EXHIBIT NO.�_ Dan Watrous From: Cathy Haraburda [c.haraburda@comcast.net] Sent: Sunday, November 17, 2013 6:27 PM To: 'Dr. Courtney Anderson'; 'Sandy Anderson' Cc: Scott Anderson; Dan Watrous Subject: 110 Solano Driveway Violation Importance: High Courtney, This morning, November 17, 2013, at 10:09 AM, your upper unit renters drove up the driveway in 2 cars, from Solano Street, and unloaded their luggage. You were not on the property. I had to inform them that the driveway is private and one way from Paradise Drive. Once again, you have put me in a distressing position having to confront a situation that is your responsibility. Please reply to this e-mail confirming you have notified your renters that they are not to use the driveway for any reason. Joe Haraburda EXHIBIT NO.q.— T �& c>t-- l l & Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Monday, November 18, 2013 6:50 AM To: Dan Watrous Cc: 'Ronald Losch' Subject: FW: 110 Solano Driveway Violation Importance: High Dear Dan The Haraburda's driveway complaint is once again unfounded as the people they accosted are long term tenants as I informed you in an email to you on Saturday. I am sure the Haraburda's were very unpleasant to them as usual and another guest complaint will ensue. The Haraburda's are purposely ruining any change for us to rent our property and guest complaints about this will go to our rental company for prospective renters to see. This will preclude us being able to ever rent our property. This is intentional by the Haraburda's. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com httip://www.linkedin.com/inicoalescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 EXHIBIT NO.�i R v7 op ad Dan Watrous From: Cathy Haraburda [c.haraburda@comcast.netj Sent: Monday, March 31, 2014 3:02 PM To: 'Dr. Courtney Anderson' Cc: Dan Watrous Subject: Driveway Use by Tenants Courtney, Today, March 31, 2014, @ 2:55PM, I had to stop a car driving up the driveway in the wrong direction of our one-way driveway at 120 Solano Street. Once again, you put me in a stressful situation having to confront your vacation renters and explain that the driveway is not be used by your tenants. You evidently did not tell them they were not to use the driveway. Advise them not to do this again. Joe Haraburda KI TITBIT N0. P'ebbP«& Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Monday, April 07, 2014 8:04 AM To: 'Cathy Haraburda' Cc: Dan Watrous Subject: RE: Driveway Use by Tenants All short term tenants are told they do not have access to the driveway and it is for "residents only" You recently denied access to our tenants staying a month or more, including one whose wife had just had a pace maker put in. Her husband was too intimated by you to drop his wife off even after her operation for the entire month of their stay. You denied access to the driveway to one of our shorter term tenants who had a handicapped sticker right on her rear view mirror. Other long term tenants have told me they are afraid to use the driveway because you intimidated them. All the above have written statements about your behavior. I will continue to inform short term tenants not to use the driveway as the city as instructed me, even though it forces them to bring heavy luggage up the spiral staircase even in bad or rainy weather. I will continue to tell long term tenants they are welcome to use the driveway but not before 6 AM or after 10 PM. If they use the driveway they are either long term, handicapped or have made some mistake Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" http://www.coalesce.com/new htti)://www.linkedin.com/in/coalescecommunitv Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3180 Mr-111BIT NO.- � .S? o� t( Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Monday, April 07, 2014 8:16 AM To: 'Cathy Haraburda' Cc: Dan Watrous Subject: Your Construction on our Property 1. You agreed in emails that between May 1St and Oct 31n that the pool would be heated to 84 degrees. 2. Last summer you locked access to the pool room door and turned off the heat except for the one time your family visited. 3. You left the electricity on all winter at 8 hours per day when it should be turned down to 4 hours since the pool is not being heated in the winter. I pay electricity year round. 4. Our long term guests were accosted by you and you purposely left the heat off so they could not use the pool without freezing. 5. We could not use the pool all summer because it was too cold since you had turned off the heat. 6. 1 hope you don't expect me to pay for a pool I can't use. Unless I get an ironclad agreement from you that you will keep the pool heated to 84 degrees from May 1st to Oct 31St as you agreed and that you will not continue to bother our long term guests (the ONLY ones we allow to use the pool) provided they swim during the allowed pool hours, WE WILL NOT ALLOW YOU TO DO ANY CONSTRUCTION OR REPAIR ON OUR PROPERTY OR MODIFY IT IN ANY WAY. Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" hfti)://www.coalesce.com/new hftD://www.iinkedin.com/in/coalescecommunitv Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3180 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that conquer scientific barriers and speed the creation of better medicines, diagnostics and materials. EX11IBIT N0, q_� Dan Watrous From: Cathy Haraburda [c.haraburda@comcast.net] Sent: Monday, April 07, 2014 5:41 PM To: 'Dr. Courtney Anderson' Cc: Dan Watrous Subject: RE: Your Construction on our Property from Joe Haraburda Courtney the objective is to improve the property in particular a fence that is failing. To your claims I just do not understand your hostility. Keep in mind you patched the same area without my permission and it has deteriorated and is unsafe. To your vacation renters issues... Please send me the written complaints from your tenants as we Cathy and I do not have any recollection of the issues you claim. See below for my response to points 1 through 7! From: Dr. Courtney Anderson rmailto:courtney.anderson &coalesce.com] Sent: Monday, April 07, 2014 8:16 AM To: 'Cathy Haraburda'. Cc: 'Dan Watrous' Subject: Your Construction on our Property 1. You agreed in emails that between May 1' and Oct 31st that the pool would be heated to 84 degrees. SEND ME THE COPY OF THE EMAIL... MY RECOLLECTION IS 80! 2. Last summer you locked access to the pool room door and turned off the heat except for the one time your family visited. FIRST THE POOL ROOM IS OUR PROPERTY AND WE HAVE EVERY RIGHT TO KEEP IT LOCKED. THE HEATER WAS OVER 25 YEARS OLD AND QUIT FUNCTIONING. WE HAVE REPLACED WITH A NEW HEATER WHICH TOOK SEVERAL WEEKS TO ACQUIRE WITH THE FIRST INSTALLATION MALFUNCTIONING REQUIRING A SECOND REPLACEMENT AT OUR EXPENSE ENTIRELY. 3. You left the electricity on all winter at 8 hours per day when it should be turned down to 4 hours since the pool is not being heated in the winter. I pay electricity year round. NOT SO, OUR POOL SERVICEMAN CAN VERIFY, BESIDES IF THE ROOM WAS LOCKED HOW CAN YOU MAKE SUCH A CLAIM? 4. Our long term guests were accosted by you and you purposely left the heat off so they could not use the pool without freezing. WHO AND WHEN? 5. We could not use the pool all summer because it was too cold since you had turned off the heat. COURTNEY THE HEATER WAS MALFUNCTION AND FINALLY BROKE REQUIRING A NEW REPACEMENT. 6. 1 hope you don't expect me to pay for a pool I can't use. YOUR CHOICE! JUST LET ME KNOW. 7. Unless I get an ironclad agreement from you that you will keep the pool heated to 84 degrees from May 1st to Oct 31s' SEND ME THE EMAIL. as you agreed and that you will not continue to bother our long term guests ALL WE HAVE EVER DONE IS TO ASK FOR QUIET (the ONLY ones we allow to use the pool) provided they swim during the allowed pool hours, WE WILL NOT ALLOW YOU TO DO ANY CONSTRUCTION OR REPAIR ON OUR PROPERTY OR MODIFY IT IN ANY WAY. DOES THIS MEAN YOU WILL TAKE RESPONSIBILTIY FOR THE FENCE FAILING? EXHIBIT N0. �i Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Thursday, April 10, 2014 8:22 AM To: Dan Watrous; Dan Watrous Cc: sanderson@coalesce.com Subject: 110 Solano Seasonal Rental Permit Adherance Importance: High Hi, Dan: Just so you and the Town understand, we have followed the Planning Commission's dictates to the letter. We don't allow short term tenants to use the pool and we don't allow short term tenants to use the driveway. We make it a point to tell them every time in no uncertain terms. Since the new permit we granted, we have had several tenants that stayed with us over a month, as those are the renters who respond to our listing for 31 days or longer. However, these tenants, not subject to the "seasonal rental" permit were and are also accosted by the Haraburda's and told they can't use the pool and they can't use the driveway and, quite frankly, they are being intimidated. Consequently our long term tenants are afraid to use the pool or the driveway because they will be accosted every time they try to use them. One tenant stayed over a month and made his wife walk up the driveway after she just was operated on for a pacemaker rather than face being confronted by Haraburda's every time they walked on the driveway (they never drove). Another long term tenant was cursed at and their children accosted and frightened several times by Joe Haraburda in the pool area. Obviously we can't ask for references from these renters who obviously want to avoid the Haraburda and will not return. As we mentioned earlier, the issue was never short term renters or long term renters, it was any renters we had, even those who stayed for years. Also, as mentioned, we are not the only neighbor that is being harassed by the Haraburda's and other neighbors spoke up during mediation when the Haraburda's sued us to obtain a parking place on our property and a storage room on our property. The mediators got it and the Haraburda's got none of the things they sued us for. They also signed an agreement not to talk to or look in the windows of our tenants which they have plainly violated. It is this neighbor harassment that caused us to not bring other neighbors to the commission meetings to support us for fear they would also be retaliated against. We have letters from our renters that detail the behavior of the Haraburda's, and some of the earlier ones you have already seen. For the same reason we are not going to give them the complaint letters of our tenants. We really want the town to understand that we are adhering to the seasonal rental permit to the letter, even though having to walk our renter's luggage up the driveway is a real problem and having our long and short term renters accosted on the driveway and the pool 100% of the time is a real hassle for them and us and is ruining our and the town's reputation as a great place to live. One last thing on the pool heater, it magically worked and was heated to 85 F degrees the weekend the Haraburda's family visited and was shut off the rest of the summer. I measured the temperature daily and I was 70 F, too cold for anyone to swim from May to the end of October. Our longer team tenants were denied the use of the pool which we promised them when they booked. Our Best Wishes that you have an Outstanding 2014 Regards, EXHIBIT NO. Courtney (A� Ilk Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.comj Sent: Monday, May 12, 2014 8:38 AM To: Dan Watrous; Dan Watrous Subject: The Haraburda's Claim of Permit Violation Dear Dan: Since you probably have been emailed this deceptive permit violation claim. Here was my answer to the Haraburda's on Saturday, the day our long term guests arrived. -------- Original message -------- From: Courtney Anderson Date:05/10/2014 6:43 PM (GMT -08:00) To: Cathy Haraburda Subject: RE: Permit Violation They are long term renters, not vacation renters so they will be using the driveway and pool. Please respect their privacy. I have asked that they do not use the driveway before 6 am or after 9 pm. Speaking about violations, you tore down my property and built on it when I told you no and you violated the maintenance agreement by doing construction in the pool area without my permission. So you will not be concerned about any true violations 1. Seasonal renters are told they cannot use the driveway and pool prior to their arrival. Therefore they will never be in the pool area or on the driveway if they are seasonal renters. Only once in the last year has this happened and it was when I told the arriving guest the could not use the driveway, who later went to sleep and the other family member inadvertently used the driveway to drop off their luggage. I have to say the driveway rule is a real imposition as many of our guests are elderly and I don't really them on stairs or having to walk up the driveway hoping the Haraburda's don't come down. How would I take this up on renewal? 2. Most of our guests have been long term renters and have stayed for a month or more since the permit was granted. This is because our property is advertised as 31 days or longer. Our Best Wishes that you have an Outstanding 2014 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" http://www.coalesce.com/new hftD:IIWWW.linkedin.com/in/coalescecommunitv Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3180 E-.AvTBY NO. R if Dan Watrous From: Cathy Haraburda [c.haraburda@comcast.net] Sent: Sunday, July 06, 2014 8:49 PM To: 'Dr. Courtney Anderson'; courtney.anderson@gmail.com Cc: Dan Watrous Subject: Seasonal Renters Importance: High Courtney, Today, at 2:38 PM July 6, 2014 there were 2 people using our pool area. They informed me that they are not staying for more than 31 days. This is a Resolution Violation NO. 2013-07. In addition, at 8:14PM this evening 2 people that were fully dressed in formal India attire, were walking up and down our driveway looking for a washing machine for 110 Solano Street, and told me they were staying for 2 days at 110 Solano Street. Courtney, your vacation renters were not allowed in our pool area today and tell your renters the location for the washing machine. Please respond ASAP. Joe Haraburda E--vj.1-1IFsIT N0. Dan Watrous From: Courtney Anderson [courtney.anderson@coalesce.com] Sent: Monday, July 07, 2014 8:00 AM To: 'Cathy Haraburda'; courtney.anderson@gmail.com Cc: Dan Watrous Subject: RE: Seasonal Renters The two people in the pool area are our friends of many years. If you confronted them, I'm sure they will add their complaints to the long list of family, friends, long and short term renters you have confronted for no reason. As you know, for the entire year since you convinced the town to restrict access to the pool to vacation renters, there has not been a single one of our vacation renters that have been in the pool area. It is in their contracts and they are told verbally as well. In addition, we have not allowed people that we have exchanged homes within the pool area either, as per Dan's dictates. Last week you stormed into the pool area and yelled at me about my own children being in the pool. Another time Cathy accosted my son and friends when they were looking at my car on my property. The beautiful Indian family you are referring to were vacation renters staying in our vacation rental and were told where the washer and dryer were. I will ask them what their experience was with you. Dr Courtney Anderson President & CEO Coalesce Corporation "Improving Life through Innovation" Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3180 EXHIBIT NO.q_ P. q 9 op 11b, Dan Watrous From: Paul Steinberg [paul.steinberg@comcast.net] Sent: Sunday, July 06, 2014 11:58 PM To: Dan Watrous; Dan Watrous Cc: sanderson@coalesce.com; 'Courtney Anderson'; 'Courtney Anderson' Subject: Harassment Testimony Attachments: Letter to Dan abusing our tenants Paul and Melissa.docx Dear Mr. Watrous, We would like to submit and corroborate the attached letter, written by Sandy Anderson, as testimony to harassment myself and my family personally endured as tenants of the Anderson's rental property. Sandy's description of the events which occurred, and our resulting experience, are unfortunately accurate as described. Additionally, we would like to add some of our own color to Sandy's missive. The Anderson's are fantastic landlords and good people all around. They are warm and inviting to their guests and friends alike, always going to extra mile to accommodate anyone and everyone. We got to know them quickly while renting from them, and have stayed in touch with them since. Their reception and personal involvement went a long way to smoothing a tough family move from Boston. Unfortunately, their attempts were offset by the actions of the Haraburdas, which did strain our initial month in CA. Frankly, we have rarely encountered such unreasonable, aggressive, and hostile behavior from strangers, let alone neighbors. We were upset and our children were frightened by the exchanges. After the incidents explained in Sandy's letter, my children refused to use the pool again, regardless of our reminders that even the police said it was OK for them to do so. The expletives Cathy shouted out the open windows made it uncomfortable to come home in the evening and further frightened my daughter. We chose not to use the washer/drier on property, as it was next to the Haraburda's cars and would risk a chance meeting. Although it pains us to admit this with the Andersons in copy, we abandoned any plans to extend our stay longer in order to work on our new home, entirely based on our experience with the Haraburdas. We cannot help but wonder if this may have been the Haraburda's malicious intent all along. We cannot fathom the frustrations that the Anderson's have endured, having to live with such hostile interactions, especially given their keen desire to keep their own tenants happy. If there is anything else we can do to help mitigate the situation, we would be happy to do so. Best regards, Paul and Melissa Steinberg EXHIBIT N0. '' ?, L(o ap (i to Dan, L JUL 0 7 zu I PLANNING DIVI510,N 1, Sandy Anderson, am notifying you of more harassing incidences that occurred between Paul and Melissa Steinberg and their children (our long term tenants staying for over a month), their kids, the police and the Haraburda's during the first weeks of their stay. See items 1- 4 Our tenants had just purchased a home in Belvedere. While waiting, our tenants decided to rent from us for a month or so to get the kids started in their new school and repair/remodel their new house before moving in. 1. From the first day Paul and Melissa and their family arrived, the Haraburda's watched them constantly from their windows, making our tenants feel extremely uncomfortable, saying they felt, "Harassed." Their oldest child was the most affected and disturbed. 2. When our tenants children decided to go swimming one day, while Courtney and I were having a glass of wine with their parents and our friends, Joe decides to walk up to the kids, not us or their parents (we are only steps away) to tell them, "No swimming in the pool" This prompted Courtney, along with the father of the kids, to jump up and run to the pool area to see what was going on. This stranger to the kids, Joe Haraburda, scared them right out of the pool. The Haraburda's were able to see from their windows, pool area and deck, that we are only steps away. The kids are old enough to be in the pool but are watched at all times. That Joe Haraburda approached the kids instead of the parents, or us, was inappropriate. 3. On 9/07/13 our tenants invited a few new friends over for drink while the kids were swimming. They had asked me to join them but I couldn't for the moment. I received a text from our tenant stating, "She's home, (meaning Cathy Haraburda) and staring out the window. We OK? I reply, "Yes, let me know if she (Cathy Harabuda) continues to stare. Moments later, Cathy started screaming at the kids, "Shut up!" I was told the next day that this had happened before I entered the pool area. A few minutes later I sent another text, "Are you still in the pool area?" Not hearing an answer back, I decided to join them. The adults were watching the kids swim while getting to know each other. I offered to watch the kids while the adults went up onto our upper deck to enjoy the view and relax while enjoying chatting with their friends. A few moments later, I see Cathy walking along her path; she stops for a few minutes, scowling, then turns to opens the gate and greets a Tiburon police officer that she had called. They stood and talked for a few moments before I noticed the officer gesturing to Cathy for them to go inside to her residence. A few moments later the officer comes over to me and asks, "Who are you?" My reply, "Owner." I explained to him these are our long term tenant and they are allowed to swim according to the Town of Tiburon regulations and statements. He explained to me that he had been briefed on the situation but this is the first time he had been called to this residence for this particular issue. He said he will explain to the Haraburda's that the kids will be allowed to continue swimming and we shouldn't have any more problems. After the officers returned to Cathy's residence to explain that we had the right to swim, per the permit, my tenant returned to see if things were ok. I told him the officer was just now leaving. As the officer drove away EXHIBIT NO. 41 �, `t-? 0 F 1((p Joe Haraburda walked into the pool area to confront our tenant with a barrage of accusations and questions, "This is my pool", "You are not allowed to swim" "Who are you" and much more. Joe did this just moments after the officer explained to the Haraburdas that our tenant are allowed to swim according to the permits. By then everyone was in the pool area arguing. When I tried to intervene and stop the arguing, Joe told me to, "Shut up, I don't want to talk to you" so I called the Tiburon police, before things got out of hand. Joe continued to argue with our tenant, worse, while the kids are still in the pool listening to the entire conversation. I begged him to leave but he continued! Joe finally left when he heard the officer's car pull up. The kids were scared and wanted out of the pool. I was shaking and found it difficult to find the right words to answer the questions the officer was asking. Our tenant helped calm the situation and spoke to the officer for me. This was the same officer that had just spoken to Cathy only a few moments earlier so he knew what the situation was. A few days later I picked up the new police reports. In the reports the officer states, which I will be faxing to you shortly, "There was no merit to the complaint" made by Cathy Harabuda. 4. To take the kids mind off of the incidence, I took them to our upper unit to watch our home theater, while the adults could resume there conversation. I was too shaken to join. The adults decided to take it indoors for some privacy. They ordered a pizza, picked it up, ate, moments later our tenants friends went home. Our tenants decided to finish watching the movie with their kids before retuning back downstairs. When the movie was finished, Melissa helped us clean up, and Paul took the baby back downstairs. As Paul was walking down the stairs with the baby, Cathy yelled out from her window, "Shut up" According to our tenants, neither of them had said a word, so Cathy's abuse was unwarranted. Taking a few moments to understand what had just happened, Paul returned, "You shut up!" Cathy's next word, "Fuck you." This was in front of Paul and Melissa's children. Cathy went back inside slamming her window loudly. You can only imagine what was going through my tenants' minds at this time. You will be receiving an email or letter from our tenants explaining their version of the situation. Once again, I'm sorry the town has to hear any of this. Sincerely, Sandy Anderson _ KHIB1T NO. r F. Dan Watrous From: Katee Waller [kateecarmel@aol.com] Sent: Tuesday, July 08, 2014 7:50 AM To: Dan Watrous; Dan Watrous Subject: neighbor claim 110 Solano Dear Mr. Watrous must say I am shocked to hear the claims submitted by Mr. and Mrs. Haraburdas regarding events of Sunday, July 6. Please allow me provide you with the truthful facts. Our dear friends Sandy and Courtney Anderson invited us to stay with them at 110 Solano for July 4th weekend. We have known the Andersons for quite some time and have attended car and wine events together over the years. They joined us at our wedding two years ago. Sunday afternoon at about 2:00 p.m. my husband and I took our lunches to the pool area to enjoy the beautiful weather. We sat on the chairs provided for about a half hour and then returned to the house. We had no interaction with another single soul. I understand that Mr. and Mrs. Haraburdas claim to have spoken with us. That is a lie. I can also attest to the fact that there was no discussion regarding our length of stay, obviously as we had no interaction with them at all. It now appears that we were being spied on which I feel is a gross infringement on our personal rights. I hope that this ridiculous claim can be put to rest and that our dear friends can be freed from wrongful claims regarding the use of their property. Best Regards Katee Waller Pebble Beach Concours d'Elegance Director Sales and Brand Management kateecarmel(aaol.com 831-236-4717 EXHIBIT NO.q. P- q4 or- I11& Dan Watrous From: Cathy Haraburda [c.haraburda@comcast.net] Sent: Monday, July 14, 2014 12:32 AM To: 'Dr. Courtney Anderson'; courtney.anderson@gmail.com Cc: Dan Watrous Subject: 6 renters for 110 Solano Importance: High Courtney, Sunday, July 13, 2014 @ 4:45 P.M., you greeted 6 people, 2 adults, and 4 teenagers as renters to your upper 110 Solano rental. You are only permitted 4 people to use this rental unit per Resolution 2013-07. Currently you have rented to 6 people. This is a violation to the Resolution Permit that you receivgd one year ago. Please respond ASAP. Joe Haraburda EXHIBIT N0. (co op ! (i& Dan Watrous From: Courtney Anderson [courtney.anderson@coalesce.com] Sent: Monday, July 14, 2014 11:36 AM To: Dan Watrous; Dan Watrous Subject: FW: 6 renters for 110 Solano Importance: High Hi, Dan: Good morning. I hope you are having a great day. I will let you explain the Haraburda's misunderstaning of the permit to the Haraburda's. The Haraburda's are really grasping for straws that don't exist. None of us, except once our friends and once our family have been in the pool area for the entire year of the permit. No one has been on the driveway except us, the Haraburda's, their gardeners and their maids. Our multi-year tenants, month to month tenants and seasonal renters are professional and well to do and it is very, very quite here. We have had many over 31 day tenants in the seasonal rental unit. It is just like you and Scott surmised from the very beginning, this is a personal attack by the Haraburda's on us by way of attacking our guests, just like they attacked our neighbors up the hill. They have confronted, intimidated and called the Tiburon police on our multi-year tenants, our tenants that are staying over 31 days and our seasonal tenants staying under 31 days. We have 35 written letters of complaint from all of these groups. As Paul Steinberg wrote you on how the Haraburda's intimidated his family, called the police on them (no merit to complaint), shouted profanity at them in their children's presence, and harassed them repeatedly, he believes the Haraburda's intention is to stop us from renting entirely and probably drive us off our property. Paul and family were month to month tenants. About the Haraburda's (and us?) having to air every item of interaction between us to the Town, I agree with you. We write to you only to defend ourselves against their everlasting string of untrue accusations. Our Best Wishes you have a Successful 2014 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Improving Life through Innovation" http://www.coalesce.com/ne htti)://www.Iinkedin.com/in/coalescecommunit https://www.twitter.com/coalesce world htti)://disrupting-technologies.com https://plus.google.com/105770473636273023463/posts 447 Miller Ave, Suite E Mill Valley, CA 94941 EXHIBIT N0. q ?, Lot oc- Ilc Dan Watrous From: Cathy Haraburda [c.haraburda@comcast.net] Sent: Monday, July 14, 2014 5:11 PM To: courtney.anderson@coalesce.com; courtney.anderson@gmail.com Cc: Dan Watrous Subject: RE: Seasonal Renters Importance: High Courtney, Please stop making up a story or pieces of information in order to make someone believe something that is not true. See my response below. Joe Haraburda From: Courtney Anderson rmailto:courtney.andersonCilcoalesce.com] Sent: Monday, July 07, 2014 8:00 AM To: 'Cathy Haraburda'; courtnev.andersonColamail.com Cc: 'Dan Watrous' Subject: RE: Seasonal Renters The two people in the pool area are our friends of many years. If you confronted them, I'm sure they will add their complaints to the long list of family, friends, long and short term renters you have confronted for no reason. As you know, for the entire year since you convinced the town to restrict access to the pool to vacation renters, there has not been a single one of our vacation renters that have been in the pool area. It is in their contracts and they are told verbally as well. In addition, we have not allowed people that we have exchanged homes within the pool area either, as per Dan's dictates. Last week you stormed into the pool area and yelled at me about my own children being in the pool. Courtney, you know that these statements are not based on all the facts. • Courtney, you were standing at the top of the spiral staircase at 110 A Solano. I came down to the pool and when I saw you, I called up to you, asking who was in the pool? You responded "My son and his friends". Your son Matt said "HI Joe it's me, Matt." I apologized to Matt for not recognizing him and he told me no problem. I left the pool area. Another time Cathy accosted my son and friends when they were looking at my car on my property. • Courtney, Cathy heard loud talking down the driveway by your car very late at night. She asked who they were and your son Matt said, "Cathy it is me Matt". She apologized to him and he told her to have a good rest of the evening. The beautiful Indian family you are referring to were vacation renters staying in our vacation rental and were told where the washer and dryer were. • Courtney, the 2 people that were fully dressed in formal India attire, were walking up and down our driveway looking for a washing machine for 110 Solano Street. I showed them where they were located. They thanked me and I told them to have a good evening. So Courtney, why did they ask me where the washer and dryer were located if you had told them? I will ask them what their experience was with you. Dr Courtney Anderson President & CEO Coalesce Corporation "Improving Life through Innovation" EXHIBIT NO.�_ Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3180 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that speed the creation of better medicines, diagnostics, advanced materials, electronics and communications for a better life. From: Cathy Haraburda[mailto:c.haraburda(c)comcast.net) Sent: Sunday, July 06, 2014 8:49 PM To: 'Dr. Courtney Anderson'; courtney.anderson(a)omail.com Cc: 'Dan Watrous' Subject: Seasonal Renters Importance: High Courtney, Today, at 2:38 PM July 6, 2014 there were 2 people using our pool area. They informed me that they are not staying for more than 31 days. This is a Resolution Violation NO. 2013-07. In addition, at 8:14PM this evening 2 people that were fully dressed in formal India attire, were walking up and down our driveway looking for a washing machine for 110 Solano Street, and told me they were staying for 2 days at 110 Solano Street. Courtney, your vacation renters were not allowed in our pool area today and tell your renters the location for the washing machine. Please respond ASAP. Joe Haraburda E-A-EIBIT N0. `{' P. 03 ap (LZ Dan Watrous From: Courtney Anderson [courtney.anderson@coalesce.com] Sent: Monday, July 14, 2014 6:48 PM To: Dan Watrous; Dan Watrous Cc: sanderson@coalesce.com Subject: My Step Son's letter regarding the Haraburda's behavior and his decision to leave home Attachments: Matthew Knoll Letter to Tiburon.docx Dear Dan: In answer to Haraburda's claims about my son. Our Best Wishes you have a Successful 2014 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Improving Life through Innovation" http://www.coalesce.com/new httD://www.linkedin.com/in/coalescecommunit https://www.twitter.com/coalesce world http://disrupting-technologies.com https://plus.google.com/105770473636273023463/posts 447 Miller Ave, Suite E Mill Valley, CA 94941 Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3180 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that speed the creation of better medicines, diagnostics, advanced materials, electronics and communications for a better life. EXHIBIT N0. (P, L0Qu-- u41- 7/14/2014 Dear City of Tiburon, I am writing this letter because of what has been happened recently, over this past year, and years passed. For most of my childhood I lived with my mother and step father in Tiburon, which was great. Tiburon is a fantastic place to live, but when you have neighbors that on a constant basis try to make sure that your day is that much harder or uncomfortable, it makes it difficult to enjoy the beauty of the place I was lucky enough to grow up in. Now because of all the things going on, I now live with my father in Novato. I couldn't live everyday having to worry about what I'm doing around the house. Not only does it affect me directly it also affects me indirectly. Ever since this whole mess with our neighbors started my mom has not felt truly comfortable in her own home. That is just NOT OKI Your home is supposed to be your sanctuary, a place of relaxation and enjoyment. No one in my, family, when they come home feel completely relaxed and comfortable, because we know that our neighbors are either watching us, listening to us, or both. When you own a home you should be able to do anything that you want to do in it or to it. We can never do exactly what we want. Before we do or plan anything at the house we have to think about how our neighbors will react. In March, I decided that I would have a few friends over for dinner and just hang out. For the most part, the night went fine, no issues, but of course sooner or later I knew that the neighbors would do or say something. Both my friends and I are car fans, so I decided I would show some of my friends my step dad's Ferrari that's parked on the driveway. I do realize that I decided to do this a little late at night, approximately 10-10:30pm, but before I went outside 1 made sure to tell my friends that we had to whisper because the car is next to my neighbor's window. The car has a car cover on it at all times, so I removed the cover half way, just so I could show the car to my friends. We couldn't have been outside more that 5 min, before my neighbor comes out and begins to threaten to call the police on me. I could understand that, had I been starting the car up and revving the engine, or playing music loudly, but I wasn't doing either of those things. I was standing next to the car with two of my friends with the cover still halfway on. The only way they could have even known that we were outside was if they were watching us, or listening very, very closely. At our house we have the luxury of having a pool, which is fantastic, but what isn't, is that I can't use it without feeling completely uncomfortable and like I'm being watched. In June I invited two of my friends to come and go swimming for the first time this summer. I couldn't have been in the pool for more ten 15 min before I noticed Joe Haraburda walking toward the pool. I knew this was bad news. I began to say hello and all he did was put his finger up and ignore me. He walked straight pass us and began to ask my step dad who was swimming in the pool. I was trying to explain to him who I was, and that of course I am allowed to use the pool, but instead he decided to disrespect me and ignore me. My family pays a lot of money to maintain the pool, so I have every right to use it, and don't need anyone's permission. I honestly have never been so mad in my life, but I didn't say anything to him, I just let it go. Regards, Matthew Minoli 415-299-1334 EXHIBIT N0. `f �. los�FtlG Dan Watrous From: Cathy Haraburda [c.haraburda@comcast.net] Sent: Monday, July 21, 2014 7:41 PM To: courtney.anderson@gmail.com; courtney.anderson@coalesce.com Subject: Vacation Renters Dog Importance: High Courtney, Please tell your vacation renters to keep their dog quiet. The constant barking is annoying and the noise has awakened us several times late at night. Cathy EXHIBIT N0._ �____ Dan Watrous From: Cathy Haraburda [c.haraburda@comcast.net] Sent: Friday, July 25, 2014 11:15 PM To: courtney.anderson@gmail.com; courtney.anderson@coalesce.com Cc: Dan Watrous Subject: Vacation Renters Noise Attachments: Vacation Renters Dog Importance: High Courtney, Attached is the July 21, 2014 e-mail I sent to you about your vacation renter's dog noise. You did not respond. Tonight July 25, 2014 @ 10: 11 P.M. We were awakened by loud voices and laughter coming from the driveway. There were 4 vacation renters talking and laughing very loud in front of the garage where we park our cars. At 10:28 P.M. 2 people left the driveway and went upstairs to your non -permitted garage unit and the other 2 people went into your 110 Solano unit. Please respond to this e-mail as how you are going to correct the interference from your vacation renters that is interrupting our quality of life. Joe Haraburda EXHIBIT NO. �_ Dan Watrous From: Courtney Anderson [courtney.anderson@coalesce.com] Sent: Monday, July 28, 2014 11:04 AM To: Dan Watrous; Dan Watrous Cc: sanderson@coalesce.com Subject: FW: Vacation Renters Noise Importance: High Dan, I am sorry that you and the Town are being constantly bothered by this gibberish. The Haraburda's statements continue to be false and contrived. As mentioned earlier: NO VACATION OR SEASONAL RENTER NOR HOME EXCHANGE GUEST has been in the pool since the permit was granted. Neither have we used the pool, except our son and his two friends, once, since they constantly glare at US. • NO VACATION OR SEASONAL RENTER NOR HOME EXCHANGE GUEST has been on the driveway since the permit, except one's maid mistakenly and one with a handicap hanger which the Haraburda's ignored and frightened severely. • NO VACATION OR SEASONAL RENTER NOR HOME EXCHANGE GUEST has stayed in the third bedroom of the lower unit since the permit was granted. Once again the Haraburda's statements are false. 1. Two weeks ago the Haraburda's claimed they talked to our friends who were briefly sitting in the pool area and the Haraburda's claimed to the Town that our friends told them they were they vacation renting. I sent you our Katee's and Nic's letter confirming that they we had been friends for many years and NO ONE approached them and NO ONE asked them anything. 2. Now the Haraburda's claim we had vacation renters on the driveway at 10:28 last Friday who were talking and laughing loudly and two vacation renters went upstairs to the studio. The time was 10:05 and we, not vacation renters, cognizent of our neighbors, were very quietly telling another couple, Dennis and Cindy Campbell, friends of 25 years, goodnight after returning from Friday Night on Main. We invited them to stay with us over the weekend for Cindy's birthday. I will be happy to have them write a letter as well. Once again the Haraburda's claim is untrue. 3. As far as our vacation renter's dog is concerned, it is the only dog that we have ever allowed our renters to have for the last three years, and it was a small non shedding dog. Most of the surrounding properties have dogs that occasionally bark. Next door neighbors have two dogs that bark and neighbors behind us have a dog that barks. All of these we heard. We heard very little of our vacation renter's dog barking. And we were both outside and inside most of the days of their stay. I don't know why the Haraburda's continue to make false accusations but they have continued to do so about our multiyear tenants and our non seasonal renters since the Harburda's moved here in 2003.. The Haraburda's have confronted and argued with NEARLY ALL of our renters and we have 36 written statements by our renters and their children being harassed by the Haraburda's. I can only assume they want to drive us out of our home. They did the same to our neighbors on the other side of them. By the way we have checked with all our surrounding neighbors and, just like their written statements before the EXHIBIT N0. `f P: cob yr --LI Haraburda's disputed the Town's decision, they confirmed they have zero problems with us, our vacation rental unit, or our guests. Our Best Wishes you have a Successful 2014 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Improving Life through Innovation" http://www.coalesce.com/new http://www.linkedin.com/in/coalescecommunit, https://www.twitter.com/coalesce world http://disrupting-technologies.com https://pius.google.com/105770473636273023463/posts 447 Miller Ave, Suite E Mill Valley, CA 94941 Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3180 EXHIBIT N0. I Uq op- u& Dan Watrous From: Dennis Campbell [dlccpa@yahoo.comj Sent: Tuesday, July 29, 2014 2:31 PM To: Dan Watrous Cc: Dr. Courtney Anderson; Sandy Anderson; Cindy Campbell Subject: Courtney and Sandy Anderson 110 Solano Street Neighbor Complaints Dear Mr. Watrous, Courtney Anderson has shared recent communications between himself, you and his neighbors, Mr. and Mrs. Joe Haraburda with me. I feel compelled to clarify the events transpiring last weekend and Friday, July 25 in particular. I met Courtney in the late 1980s and we have been friends ever since. My wife, Cindy recently turned sixty years of age. Courtney and Sandy invited us to spend the weekend in Tiburon to celebrate. It was our first visit to Tiburon and we were very impressed. You have a very clean community with lots of activitles. Tourism appears to be a thriving industry in Tiburon and you have reason to be proud. On Friday night, Courtney and Sandy took us out to Sam's Cafe for dinner. We dined outside and experienced "Friday Night on Main." This was quite an eventl With the live music and other community activities, we had a wonderful time. Around 9:30 PM, we started walking from downtown back to the Andersons' house. We stopped at the base of their driveway on Solaro Street to continue our conversation. During the course of the evening, Courtney and Sandy descrbed the friction they have with the Hamburdas. We were Incredulous to learn of some of the experiences. After spending a fair amount of time at the base of the driveway, we decided to call it a night. We walked up the driveway and stopped outside the gate to the main house to finish up our conversation. We were cognizenithat is was around 10 PM and were talking quietly; certainly not loud enough to wake someone inside a house thirty feet away. Being a golfer for over 45 years, I have developed the ability to speak in a tone that would not disturb players on an adjacent green. tee or fairway. After spending a very brief period of time (no more than ten minutes) at the top of the driveway, we noticed tall lights flashing on one of the cars parked in the Andersons' garage. Sandy said that their neighbors were sending us a message. At that point, Cindy and I went into the main house. Courtney and Sandy went into the bedmom above their garage. The implication that we were loud and rowdy is absurd. We are grandparents. Courtney and Sandy told us that we were welcome to use their pool. After learning of the harassment other guests and the Andersons'son received when using the pool, we decided against it. It is sad that Courtney and Sandy have to endure the Hemburdas' preoccupation with their activities and slanderous accusations. Please feel free to contact me if you wish to discuss this unfortunate situation. Sincerely, Dennis Campbell Dennis L. Campbell, CPA Phone: (831)722-3844 Fax: (831)722-4488 EXHIBIT NO.'L �_ [ l0 of U& Dan Watrous From: Courtney Anderson [courtney.anderson@coalesce.com] Sent: Thursday, July 31, 2014 10:24 AM To: Dan Watrous; Dan Watrous Cc: sanderson@coalesce.com Subject: Haraburda's claimed dog barking distrubance at 110 Solano St. Dear Dan: Below is our renter's response to the Haraburda's false claim about their dog barking during their stay with us. It was obviously neighbor dogs that the Haraburda's mistook as coming from our property. Our Best Wishes you have a Successful 2014 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Improving Life through Innovation" http://www.coalesce.com/new http://www.linkedin.com/in/coalescecommunit https://www.twitter.com/coalesce world http://disrupting-technologies.com https://plus.isoosle.com/105770473636273023463/posts 447 Miller Ave, Suite E Mill Valley, CA 94941 Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3180 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that speed the creation of better medicines, diagnostics, advanced materials, electronics and communications for a better life. From: Sally Johnson [mailto:sallyjohnson2@cox.net] Sent: Monday, July 28, 2014 6:54 PM To: courtney.anderson@coalesce.com Subject: Dog Courtney, I was surprised and upset to get your message today regarding the obvious misidentification of a barking disturbance heard by a neighbor during our current stay. I can guarantee that our dog was not barking in your rental unit, and here is why. First, I work long and hard at my job in Phoenix, and my son the same with his schooling and job. When we go on vacation, what we enjoy doing is staying in our rental unit watch' g FjXHIBIT N0.__ ____ t P, Lit o�u movies, shows, playing on the computer, reading, etc. Most days we never even left the unit, and my dog never barked while we were there. Then, the few things we did do around the area, we took our dog with us — picnic and hike on Mt. Tam, walk on the beach, walk in the park in downtown Tiburon. We ate out at a few restaurants, but found all the places we went with outside tables were dog friendly, and let him lay under our table while we were eating. I checked with my son who was alone with him a few times while I was out running errands, and he assured me that our dog did not bark then, nor on any of the walks around the neighborhood. I only remember one time that he was there by himself, and he was sleeping on the rug when we left, and still sleeping in the same spot when we returned. I spent many hours on the amazing patio and saw many dogs that live/stay in the neighborhood. I heard occasional barking, but nothing out of the ordinary for a family neighborhood. We take our dog with us to my parents house every Christmas, and on vacation every summer, and he has never barked or been a problem. I apologize for the misunderstanding, but again can assure you that our calm little bichon that is a great traveler was not the source of the neighbors concern. Regards, Sally Johnson EXHIBIT NO.� -?. u 2 oc-- t I. i6 Watrous 11 'L1%, lf2 From: Rick Barbaria [rickbarbaria@comcast.net] Sent: Tuesday, August 26, 2014 10:11 AM To: Dan Watrous Subject: Tomorrow night's agenda for the Planning Commission Dave: Please circulate to the Planning Commission in advance of tomorrow's meeting: Thank You Rick Barbaria 2100 Mar East Tiburon, CA 94920 To: Town of Tiburon Planning Commission From: Rick Barbaria Subject: Discussion issues for the meeting of August 27, 2014 I respectively submit the following comments for your meeting of August 27, 2014: Vii,, air AUG Z o 2014 ' !. i f 1)110 Solana Street: Review of seasonal rental unit permit to operate a portion of an existing two-family dwelling as a seasonal rental unit. I'll contribute to this discussion if necessary in supporting the neighbors that want to shutdown the operation. In my opinion, the town lacks the resources necessary to monitor and investigate compliance issues related to restrictions inherent with the rental unit permit. Further, the owners/applicants have not exactly been forthcoming in complying with the spirit of a seasonal rental unit permit. Last Spring I met with a renter of 110 Solano Street that was a good friend of mine that lives in Walnut Creek. The renter from New York found the rental property on VRBO (Vacation Rentals By Owner) located at http://www.vrbo.com/vacation-rentals/usa/california. The renter was specifically told by the owner that if any of the neighbors asked about who they were, they were instructed to tell the neighbors that they were simply friends of the owners that were visiting Tiburon. 2) 2070 Paradise Drive: Conditional use permit to construct a floating dock. While I have a number of issues with this request, I'll limit my focus to the critical three: A) The request to build a "floating" dock is not consistent with the existing docks located in Lyford Cove. For continuity with the five (5) replacement docks that have been approved and built in Lyford Cove over the past 15 years, any new dock approved should not exceed the total square footage or height of the existing docks, nor should it be built out any further on the water than the dock located on the property adjacent to 2070 Paradise Drive. B) Unlike Paradise Cay, Belvedere Cove and Corinthian Island, Lyford Cove lacks shelter from the Northerly swell that can reach 2-3 feet in the Winter. The tidal action on a floating dock in Lyford Cove would render a fair amount of noise during the night, while the floating dock rises and falls with the prevailing swell. EXHI I s -i'. O. 4 Ci All of the existing docks along Lyford Cove have limited use at low tide. 2070 Paradise Drive is poorly situated on Lyford Cove for a dock envisioned for use at low tide, without a significant reach into the Bay to secure the necessary draft to accommodate a large pleasure craft. �nriltslT i� CD. Dan Watrous From: courtney.anderson@coalesce.com Sent: Thursday, January 08, 2015 3:49 PM To: Dan Watrous Cc: 'Paul Smith'; sanderson@coalesce.com Subject: FW: Driveway use and Short term renters JQN ? Z 2015 Importance: High Dear Dan: Happy New Year and Our Best Wishes you have a Successful 2015! am sure Cathy copied you on her non valid claims of driveway use and short term renters (below). Let me set the story straight as I have been forced to do for the last two years. In our "seasonal rental" unit we have had a single guest staying from Oct 28, 2014 to February 27, 2015. We are searching for longer term guest because the restrictions on the driveway make it very difficult for shorter term guests to load and unload luggage and groceries. Our four month guest left to visit family over the holiday and, with their approval, we rented it to a person, his wife and two daughters. The person is crippled and can only move around in his wheel chair. He has a placard for being disabled. When he arrived on January 2nd, Sandy drove he and his family down the driveway to unload his wheel chair and luggage. The rest of his stay, he was afraid to use the driveway and his family pushed his wheel chair up the driveway so they would not have to use a car. When they left, his family drove their car up the driveway to load his wheelchair and luggage. As you granted in our hearing, in this situation it is perfectly fine to use the driveway for the infirm. You have already received a letter from another friend and guest we had who was accosted by both Haraburda's even with their handicapped placard hanging from their rear view mirron. They were afraid to get out of their car due to the harassment. Furthermore, when our four month tenant returned on January 5th, Cathy accosted them on our property, demanding to know who they were, if they were renting, how long, etc. We, and especially our tenant, knows this to be harassment and our tenant is writing a letter to the Town describing this incident. As a curtesy, we had already told the Haraburda's that we had a four month renter. The point is that the Town was correct in assuming that the Haraburda's constant appeals were due to a neighbor problem and had nothing to do with seasonal rentals at all. Two of our annual renters left because of the Harabarda's and you have heard some of our long term, non seasonal renters speak to the planning commission of harassment of them and their children by the Haraburda's. One other point the Haraburda's mention in their email is guests in our lower unit. We rarely rent the lower unit and if we do, it is for a minimum of a month as we agreed with the Town. Cathy's claim of six short term renters is really a couple, their mother and two babies who are taking courses here. They are staying from January 4 to February 4, 31 nights. Regards, Courtney Dr Courtney Anderson EXHIB1 i N C). _ President & CEO Coalesce Corporation "Improving Life through Innovation" http://www.coalesce.com/new http://www.linkedin.com/in/coalescecommunitV https://www.twitter.com/coalesce world http://disrupting-technologies.com https://plus.google.com/105770473636273023463/1)osts 447 Miller Ave, Suite E Mill Valley, CA 94941 Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3180 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that speed the creation of better medicines, diagnostics, advanced materials, electronics and communications for a better life. From: Cathy Haraburda (mailto:c.haraburda@comcast.net) Sent: Monday, January 05, 2015 8:24 PM To: courtney.anderson@gmail.com;'Courtney Anderson' Subject: Driveway use and Short term renters Importance: High Courtney, We do not need to remind you about the use of the driveway and the amount of tenants you can accommodate for 110 Solano. On Friday, January 2, 2015, your vacation rental tenants in a white SUV drove down the driveway and unloaded their luggage. 5 people were staying in the 110 Solano Condo. Three adults and 2 teenagers. There was not any handicap sticker on the SUV. Today, at 10:48 AM January 5, 2015, both kids were talking loud while walking around the pool, and opening our sink doors that are on our property. My gardener was there and observed all of this. In addition today at 11:14 AM the white SUV drove down the driveway, loaded their entire luggage into the white SUV and left. They were here for 3 days. Leaving my home today January 5, 2015 at 11:25 AM, I encountered your downstairs vacation tenants at the top of driveway in front of your enclosed carports. There were 6 people. I asked if they needed help and they informed me they were renting the lower unit from the "Andersons" and looking for the washer and drier. I showed them where the washer and drier were located in the upper garage. You are out of compliance per the Tiburon Planning Commission resolution decision that was approved on July 24, 2013 Cathy Haraburda �.IiriitilT 1�0. P, 11(o ar- 1l(,0 Commissioner Weller supported the project. ACTION: It was M/S (Weller/Williams) that the application for Sprint Wireless be approved and to adopt the resolution (Exhibit 6). Motion carried: 5-0. 4. PLANNING COMMISSION MINUTES — Regular Meeting of July 23, 2014 ACTION: It was M/S (Williams/Corcoran) to approve the minutes of the July 23, 2014 meeting, as written. Motion carried: 5-0. Commissioners Kulik and Corcoran recused themselves from the next item. 1. 110 SOLANO STREET: REVIEW OF SEASONAL RENTAL UNIT PERMIT TO OPERATE A PORTION OF AN EXISTING TWO-FAMILY DWELLING AS A RENTAL UNIT; FILE #SRU 2013-01; Courtney and Sandy Anderson, Owners and Applicants; Assessor's Parcel Number 059-143-35 Mr. Watrous presented the staff report. He said that in March 2013 staff discovered that there was a seasonal rental unit at 110 Solano Street based on complaints from neighbors. The Town approved the permit on May 6h and the neighbors at 120 Solano Street appealed that decision to the Planning Commission who held a hearing on June 26, 2013. The permit was upheld with additional conditions including one that said the permit be reviewed in one year. Mr. Watrous summarized pertinent conditions of the staff report, noting that there had been complaints from the neighbors at 120 Solano Street regarding use of the pool and driveway and that the owners had replied in each instance to staff inquiries about these allegations. He stated that staff believes that the concerns between the applicants and neighbors that were apparent during the appeal have not been resolved but it was less clear that the applicants have substantially complied with the conditions of approval. Staff believes that there is little evidence of a pattern of non-compliance with the permit requirements and that the cross complaints and evidence in emails have more to do with ongoing issues between the neighboring property owners than the actual permit violations. He recommended that the Commission take testimony on the item, close the hearing, determine whether the applicants are operating in substantial compliance with the requirements of the seasonal rental permit and consider whether modifications should be made to the adopted conditions of approval for this permit. The public hearing was opened. Sandy Anderson, owner/applicant, stated that strengths of vacation rentals to the community include increased tourism, revenue and support of local merchants, and increased revenue via fees to the Town. He stated that a survey last year calculated that vacation renters contribute about $3.6 million per annum to Tiburon merchants and restaurants. He stated that vacation renters have caused little or no problems with the local neighborhoods and have co -existed quite easily, except with the case of the Mountain View Drive case last year, which he thought had to do more with renting to singles as opposed to families. He spoke of the desire for renters seeking safety and protection for their children, a relaxed atmosphere and a great place to go to EXHIBIT 140. TIBURON PLANNING COMMISSION MINUTES - AUGUST 27, 2014 - MINUTES NO. 1048 PAGE 8 surrounding areas. He said that their experience has been that during their stay, most vacation renters are gone in the morning out touring places and enjoying themselves. Mr. Anderson stated that since the Town has granted the seasonal rental permit they rented only to families with less than 4 adults and no singles. He stated that during the review of their permit procedure, the Town told them that they had to stop renting so they canceled 10 vacation rental contracts over a period of the next six months and any pending contracts that violated the restrictions of the permit. He stated that 10 guest families stayed both in their vacation rental unit and their lower unit for a month or longer since the permit was granted and have had quite a few long term renters. Mr. Anderson referred to complaints made by his neighbors and the confusion as to who is at their house. He said that they had 12 sets of friends visit them and stay overnight for a day to two weeks. Chair Welner clarified with Mr. Anderson that these friends were guests that did not pay and stayed for free. Mr. Anderson said that his son and their friends have come and stayed for several nights, as well as his daughter and grandchildren who visited for a week. Mr. Anderson stated that they have had 5 home exchanges and this occurs when friends exchange their homes with them, with no money exchanged and not done simultaneously. He explained how important it is for home exchanges to be positive, as they become longer term occurrences which establish friendships. He confirmed with Chair Welner that home exchanges usually last one to three weeks, and that over the last 13 months they have had 5 home exchanges. Mr. Anderson stated that they meet all guests when they arrive and help them with their luggage and that no one has arrived with more than one vehicle. He said that they are very cognizant of noise and added that 7 surrounding neighbors signed a statement last year indicating that they were never disturbed by any noise from their vacation renters or anyone else. He stated that they also had 3 other neighbors who confirmed in writing that they were not disturbed. Mr. Anderson stated they are very cognizant about noise and that over the last 13 months not a single seasonal renter has been in the pool area. He said that the only people allowed in the pool are family, friends, and families staying 31 days or more and not home exchange guests. He said that home exchange guests are told they cannot use the driveway or pool. He estimated that the grand total of all hours where family, friends and guests have been in the pool area over the last 13 months has been no more than about 15 hours. He stated that not a single seasonal renter was allowed to use the driveway and only the maid of a guest staying two weeks came onto the driveway because a family member who was meeting her was sleeping. He said that all seasonal rental websites that could accept bookings were updated showing that permitted that the two bedroom unit was available for stays of less than a month and any other rental on the property had to be for 31 days or more. He stated that they have not rented out the bedroom over the garage and only their family and friends have stayed there. He said that they have worked with staff on all of the violations alleged by the Haraburda's and have answered each one. Mr. Anderson said that he reviewed Mr. Sharp's letter and stated that the complaint regarding people coming up and down the driveway was actually one guest who stayed a month. He said TIBURON PLANNING COMMISSION MINUTES - AUGUST 27.2014 - MINUTES NO. 1048 PAGE 9 that they went to Napa and came back and that was the reason they loaded luggage in the driveway, which they have right to do. He said that there was one complaint about a long term guest staying in the lower unit that was a family who was moving from Boston and buying a home in Belvedere and staying from mid-August to mid-September. Mr. Anderson stated that they left early because of the negative treatment of their children and profanity in front of the children. He said that one parent of the children would speak at the meeting and he characterized the Haraburda's reaction as extremely exaggerated. He said that he should have at least been asked whether the person was a regular or long-term renter as opposed to having all guests confronted and intimidated. Mr. Anderson said that he went through Mr. Sharp's exhibits and explained that the two people in the driveway were his relatives. He said that he presented letters from individuals stating they have never seen parties or experienced noise in the pool. Paul Smith, attorney for the Anderson's, said that the Commission last year at the appeal hearing tried to arrive at a compromise to address both sides by adding conditions related to the pool, driveway, and from the amount of materials. He acknowledged the accusations, issues, responses and comments and he believed that these are not permit -related. He said that the Commission tried to come up with a solution by adding conditions of approval, but he felt that there is a better solution. He said whenever a property like this, where there are private residences and common amenities, is subdivided there is typically a recorded maintenance or easement agreement in place. He said that there was an agreement drafted in 1993 for this property by the prior owners and it addresses use of the pool, parking and the driveway. He said that this is a way of resolving these issues civilly between the property owners without having to involve the Town. He proposed sitting down with Mr. Sharp and the Haraburda's if they are willing and try to amend the agreement. Mr. Smith said that at the time the agreement was drafted, there were two property owners who were going to share the pool, driveway and parking, but they did not address the concept of the short or long-term tenants, and any impacts that might be created with the way the property is used today. He proposed that the parties meet and amend the agreement to address all issues. He asked that the Commission either renew the permit with the existing conditions or continue the hearing for 60-90 days to provide time to try to work out an agreement. Chair Weiner opened the public hearing. John Sharp, attorney for the Haraburda's, referred to his letter dated August 20th. He said that Town staff lacks the resources to police what happens at this property every day out, which is true with any town. He said that the best evidence of what is happening on the site and this comes from Mr. and Mrs. Haraburda, who are most impacted every day by what happens at 110 Solana Street. He said that the Commission is being asked to take the word of the applicant as to who stays at the property, where they stay and so on. He pointed to an aerial photo of the two properties and distributed photos showing the condition of the entry to both parking areas as of today, stating that the photos show impediments to anyone entering the parking area and violations of the parking requirements. He noted that the Commission has advertising attached to the staff report that shows that this property has been advertised for occupancy of all units by numbers of people in excess of the number allowed by the conditions of approval. BI 1`+C). TIBURONPLANNING COMMISSION MINUTES- AUGUST 27,2014 -MINUTES NO. 1048 PAGE 10 Mr. Sharp said that he did not disagree with the concept proposed by Mr. Smith, but stated that the fact that there is a neighbor dispute does not exclude the Town from jurisdiction over this property via its permit process. He stated that there are violations to the conditions of approval of the permit. He stated that the only way to get control over the property is to rescind this permit. He characterized the property as a commercial enterprise that is operating in a residential neighborhood and said that the permit is not working. Joe Haraburda stated they have been through these issues over the last 13 months and a period before that where their personal lives have been impacted by disregard for their privacy from the use of the pool and driveway. He said that the restrictions imposed at the last meeting provided some comfort and relief, but he noted that the property is zoned residential and they believe that a seasonal rental is not appropriate in this type of residential neighborhood. He said that they oppose seasonal rentals throughout town and do not believe that such rentals bring $3 million into community. He said the staff characterization that this is a neighbor dispute could probably be supported in a couple of cases. He cited an example when there was noise coming from the pool area and his wife was concerned, so they had the police come to the site. He said that he lives three stories up from the center of the pool, so any noise from there is dramatically amplified. Chair Welner asked if the children were part of the group that was allowed to use the pool. Mr. Haraburda replied that this was unclear, but he did not believe that they were there for the full one month period. He said that they were never notified of any tenant's circumstance, so they really do not know all of the circumstances for who is using the pool or the driveway and whether or not they are friendly. He stated that the reoccurrences of over -occupancy, noise and lack of street parking demonstrates non-compliance with the permit. He asked how a property owner should be asked to react when they get no direct response from the Anderson's. He noted that on one occasion a woman asked him if he owned the pool and Mrs. Anderson, who was standing by the pool, could have said that who owns and has use of the pool, but she did not mitigate the situation. Mr. Haraburda said that there are unintended consequences by allowing thousands of seasonal renters to come into the neighborhood. He said that the ordinance gives the rights to one but takes rights from others and he felt that they should maintain a quiet, residential community and he asked the Commission to rescind the permit. He said that the Commission may hear comments that he has been labeled as loud, awful and he has screamed at people, but he said that he never approached people in anything but a friendly way and asking people if they are renting and for how long was logical to him. He said that they have never gotten cooperation to understand who the renters are, why they are there and what the circumstances are. Matthew Manoley said that he is Mr. Anderson's stepson and had lived at 110 Solano Street when he was in high school and middle school. He said that he did not observe many issues in the beginning, but lately it has gotten much worse. He said that he had not gone in the pool for a long time because he does not feel comfortable going there and the only time he does go in is with friends who want to use the pool. He said that he recently had two friends join him in the pool and were there for 10 to 15 minutes before Joe Haraburda walked outside. Mr. Manoley said that he introduced himself but Mr. Haraburda ignored him and went straight to his TIBURON PLANNING COMMISSION MINUTES - AUGUST 27, 2014 - MINUTES NO. 1048 PAGE 11 stepfather, asked who he was, whether he was a seasonal or vacation renter. Mr. Manoley said that he identified himself as the son who lived there for 11 years. Mr. Haraburda said that he did not recognize him, but when he tried to say hello, Mr. Haraburda gave him the finger. Mr. Manoley described other incidents where he had a few friends over and went outside at about 10:00 p.m. and told his friends they had to whisper. He said that someone came outside and told him that they would call the police. Mr. Manoley said that he stated his name and then was told that they would not call the police. He said that he has lived next to the pool and the noise is exactly the same when heard from all units, but the Haraburda's unit looks right down on the pool. Paul Steinberg stated that he was the referenced long-term renter from August to September and, contrary to the comments made, the unit was fully paid for. He explained that he and his family are recently relocated from Boston to Mann and prior to moving to their house in Belvedere they rented from the Anderson's for a period of one month. He said that their experience was not good as a result of the events that occurred during their stay. He said that the Andersons are great landlords, greet all guests, and gave them the rules, including the use of the driveway and areas to park. He said that they were warned to keep noise levels low. He said that the Anderson's helped their transition quite a bit, but unfortunately this was offset by the actions of the Haraburda's which led them to leave a few days early from their rental contract and not renew. Mr. Steinberg said that the specific altercations are outlined in the record, but they included direct and aggressive actions between the Haraburda's and his family, which included police showing up to address his children being in the pool. He described a direct interaction by Mr. Haraburda in the pool where his children recounted that he walked into the pool fully dressed as a scare tactic. He said that heated argument resulted and following that his children refused to use the pool and were quite frightened to be anywhere in the area. He said that a lot of shouting from windows occurred, marry shouts from a darkened room overhanging the property, some profanities, and both direct and indirect interaction that made the situation caustic. He recognized that he was in the middle of more of a personal battle than a permit battle, but said that he can definitely attest to the aggressive nature and caustic environment that his family was directly involved in and he expected was the case for any renters that are guests of the Andersons. Chair Welner closed the public hearing. Commissioner Weller said that it is sad to see neighbors at each other's throats and he wished that both parties had more wisdom than they had shown. He said that it is probably true that this property is not the best setting for a seasonal rental, but the Town permits these uses which are legitimate uses of property. He said that the difficulty here is compounded by the fact that the Anderson's have turned the property into a business. He found it specious to say that that a 31 day rental has significantly different characteristics than a seasonal rental. He said that the toxic nature of the numbers and turnover of people in rental unit, combined with the unfortunate siting of this property which is a common interest subdivision, is causing the problem. Commissioner Weller stated that this is the property the Haraburda's bought and they must live with the applicable laws that apply to the property and with the physical characteristics that their home sits above a pool which people are entitled to use and make noise. He said that if the TIBURON PLANNING COMMISSION MINUTES -AUGUST 27.2014- MINUTES NO. 1048 PAGE 12 Haraburda's want to limit the noise, he suggested installing double or triple pane windows or other measures that will mitigate the noise. He said that they cannot complain about children making noise in the pool that are legitimately there. He said that in his view there is blame to be placed on all sides. He also noted that both Mr. Smith and Mr. Sharp, as attorneys, recognize that it is not the Town's job to police this property. He stated that when the Commission issued the permit, they tried to address competing concerns and he thought that they did a good job, but in practice, there are challenges. He believed that the appropriate approach was the one Mr. Smith suggested. He said that private parties can have a much more defined set of rules that they can take to a mediator, court or other dispute resolution forum. He said that the Commission cannot judge the veracity of all the complaints. He said that he would like the parties to attempt to reach a resolution, which is in everyone's interests. He said that the Haraburda's have to understand that they own a property in a common interest subdivision with neighbors who have an irrevocable right to use the swimming pool. He said that the Anderson's must understand that the Haraburda's are entitled to peaceful enjoyment of their property and the way the Anderson's property is used cannot violate that. He said that hopefully, with the help of Mr. Smith and Sharp, an agreement can be reached which will establish rules by which everyone can abide. Commissioner Williams said that she read through all the materials and has compassion for all involved. She believed that this is a very difficult situation that has escalated. She thought that this was an almost untenable situation given the shared easements and that it might not be workable. She was glad that Mr. Smith made his proposal. She recognized that it is impossible for staff to determine or monitor what is short term, long term, home exchange or family stays, and she thought that this was an unfair burden to be placed on neighbors to monitor this. She was skeptical that negotiations would work as mediation had been proposed in the past and did not seem to be fruitful. Mr. Smith said that in the past mediation did not result in a solution, but they are optimistic that a different result will occur. Commissioner Williams said that the intent of seasonal rentals was to allow periodic rentals, and to her, this feels like a bed and breakfast with constant activity in and out. Mr. Smith said that the permit specifies no more than 200 nights a year of seasonal rental and he has heard no challenge that this has been exceeded, but this is not a bed and breakfast. Commissioner Williams asked staff about how the rental activity is monitored and investigated Mr. Watrous said that when staff receives complaints they are passed onto Mr. Anderson for response. Staff has not taken steps to do the level of investigation where they ask for submission of contracts or proof of payments, or auditing records, but has depended upon Mr. Anderson's response to inquiries. Chair Welner asked how home exchanges are classified. Mr. Watrous said that they considered to be are seasonal rental units. He said that a home exchange may not involve money, but exchanging the value or use of another home would be considered to be rent if it less than 31 days. TIBURON PLANNING COMMISSION MINUTES- AUGUST 27.2014 -MINUTES NO. 1048 PAGE 13 Commissioner Williams said that in terms of community input, there were 7 to 10 neighbors who support the seasonal rental unit and at least 1 or 2 people who oppose it. Chair Weiner said that the original purpose of the seasonal rental ordinance was not to encourage or make possible seasonal rentals but to enable the Town to regulate them since they were happening. He did not think that one should confuse having an ordinance with regard to seasonal rentals with a policy promoting them, but rather making sure seasonal rentals are occurring where appropriate. He stated that when the Commission reviewed this permit the last time they recognized that this is probably not an ideal spot because of the shared property situation, but they identified sources of conflict. He said that by far the greatest source of conflict was the use of the pool which resulted in a condition of approval to prohibit use of the pool for seasonal rentals. He said that the Commission's attempted solution has resulted in attempts to identify who is using the pool, but he felt that as terrible as this dispute is today the discussion about the pool last time was far worse. Chair Weiner stated his main observation is that there are long-standing problems between the neighbors. He thought that Mr. Smith's suggestion of revisiting the maintenance agreement and coming up with more straightforward ground rules would be helpful. He thought that there is a lot of room for dispute resolution but most of this is a private matter between neighbors and something into which the Town should not insert itself. He said that the Commission's task at this time was different from the one last year, as this time it is a review as to whether the applicant is in substantial compliance with the requirements of the permit. He said that the Commission has the ability to think about further actions if they are not in substantial compliance. He said that in his view, based on the staff recommendations, presentations and comments tonight, he believed that the Anderson's are in substantial compliance with the terms of their permit. He stated that suspicion of non-compliance is not proof of non-compliance. He thought that there are a lot of private issues between neighbors that need to be worked out and he urged the parties to follow the suggestion of revising the agreement. He reiterated that the Commission's role at this meeting was to identify whether or not there is evidence as to whether the Anderson's are in substantial compliance and he believed that they are. He said that he was open to continue the hearing, but he did not think that it was the Commission's job to be a dispute resolution service. Commissioner Weller said that the reason that he would prefer to continue the review whether or not any resolution is reached is that he would like to be able to address the decision in the context of knowing whether a successful resolution has been reached. He said that he tended to agree with Chair Weiner that based on the evidence that the applicants were in substantial compliance, but he was skeptical and wanted to take this issue up in the context of a resolution that would not require the Commission to deal with this every year. He thought that the parties may have more incentive to reach agreement and the Commission's job was to make a decision about whether the permit should stay in effect. Chair Weiner said that he would expect staff to raise issues of noncompliance and bring them to the Commission. He also respected that a continuance could create an incentive for the parties to come together, but he was somewhat pessimistic about that. Commissioner Weller said since the >,rtilhTJ. S TIBURON PLANNING COMMISSION MINUTES -AUGUST 27,2014- MINUTES NO. 1048 PAGE 14 suggestion was made he wanted to accept the offer and in doing so, hopefully this would result in a resolution between the parties. Mr. Watrous noted that procedurally the conditions of approval do not require an annual review. He said that if the Commission continues the review, it did not have to make any motion other than a continuance to a date certain, and it was up to the parties to see what they do during the continuance period. Commissioner Williams agreed with Chair Welner that staff has not alerted the Commission to any non-compliance, but she noted that staff's resources are limited to monitor compliance and the Commission is limited to evidence provided by both parties. She said that she took a lot of time to review the materials and she was unsure if there was substantial evidence of compliance as to use of the pool because she cannot track who is a seasonal renter and who is not. She said felt that because there are new attorneys involved, she would like to see them work together to resolve the conflict, assuming that the parties are amenable to that, and she would want to accept that proposal. Chair Welner asked if the parties would agree to a 60-90 day continuance to attempt to resolve the disputes. Joe Haraburda referred to comments about their purchasing the property and knowing that the conditions were there and said that the conditions are totally different now. He said that they now have a commercial property as a neighbor as opposed to a residential property. He said that it is difficult to fathom the opportunity to sit down and have a meaningful discussion with the Andersons. He described the experience they had in the past with arbitration where they made a firm offer and where they were represented by Riley Hurd and the offer was rejected. He said that there is nothing he would like better than to find their property somehow separated by 100 yards on each side, but in reality, it is what it is. He said that he and his wife will discuss this, but more importantly, if it is truly an offer on the part of the Anderson's then he would want to see something from them before he could ever made a decision. Chair Welner asked if Mr. Haraburda was willing to accept a continuance to engage in a discussion. Mr. Haraburda said that at this point, knowing what they know, they would not be agreeable to such a discussion. Mr. Anderson said that the prior mediation related to getting an extra parking space and storage space on their property. He said that he was not interested in continuing this, as this is not working very well and that is the reason that he and his attorney discussed it. He said that he wanted to see something more reasonable, possibly allowing limited hours for using the driveway or the pool. He said that staff has been overburdened by this and he felt that it was onerous to the Town. He said that he would prefer to settle something that is reasonable with teeth in it so they know where they stand. Mr. Smith stated that if the Commission does consider a continuance, his experience was that the holiday period is not ideal as this type of mediation takes a lot of time. He said that a practical suggestion would a continuance to either early November or the end of January. TIBURON PLANNING COMMISSION MINUTES - AUGUST 27, 2014 - MINUTES NO. 1048 PAGE 15 Mr. Sharp confirmed with the Commission that the photographs they submitted are part of the record. Commissioner Weller commented that the photographs indicate obstruction or access to a couple of different parts of the property, but he did not believe that the issue of obstruction has anything to do with the seasonal rental permit unless it can be shown why this issue relates to the permit is the point. Mr. Sharp referred to the condition of approval requiring that there shall be a minimum of two off-street parking space provided for the seasonal rental unit when used as a seasonal rental. He said that the photos demonstrate that there are no off-street parking spaces at this property. Mr. Anderson stated this is a temporary situation, as they are moving furniture into the garage and changing furniture in their house. He said that this would be gone in another two days. Mr. Watrous asked Mr. Anderson if there was a seasonal rental at this time. Mr. Anderson confirmed that there is currently a seasonal renter. ACTION: It was M/S (Weiner/Weller) to find that the applicants are operating in substantial compliance with the requirements of their seasonal rental unit permit. Motion carried: 2-0-1-1 (Williams abstained, Corcoran and Kulik recused). The Planning Commission adjourned the meeting at 9:50 p.m. ATTEST: DANIEL M. WATROUS, SECRETARY JON WELNER, CHAIR Tiburon Planning Commission TIBURONPLANNINGCOMMISSIONMINUTES- AUGUST 27.2014 -MINUTES NO. 1048 PAGE 16 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Members of the Planning Commission Community Development Department Planning Commission Meeting August 27, 2014 Agenda Item I Subject: 110 Solano Street; File No. SRU 2013-01; Review of Seasonal Rental Unit Permit to Operate a Portion of an Existing Two -Family Dwelling as a Seasonal Rental Unit; Courtney and Sandy Anderson, Owners/Applicants; Assessor's Parcel Number: 059-143-35 Reviewed By: PURPOSE OF THE REVIEW The purpose of this hearing is to conduct a review of the seasonal rental unit permit for the property located at 110 Solano Street. During this review, the Planning Commission shall have the authority to add, delete, or modify the conditions of this permit and schedule future reviews of the permit. BACKGROUND In March 2013, the Town received complaints from the owners of the property at 120 Solano Street about the use of the subject property as a seasonal rental unit. These neighbors provided Town staff with links to websites advertising the house as a seasonal rental. Staff contacted the owners of the property, informed them of the need to obtain the necessary approvals for a seasonal rental unit and referenced the complaints from the neighbors. The owners stated that they were unaware of the Town's requirements and filed an application for a seasonal rental unit permit. The applicants included letters from seven (7) other neighboring property owners indicating that they had not been disturbed by the seasonal rental activity at the site. The applicants indicated that they sometimes rented out one dwelling unit while staying in the other, while on other occasions they rented out both dwelling units to one group of renters, and chose to either stay in the guest room on the site or stay elsewhere during the rental period. Staff determined that one seasonal rental unit application would be required for rental of each dwelling unit, and that the subject application therefore could only be utilized for one dwelling unit. On May 6, 2013, staff conditionally approved the subject application, including a condition of approval stating that the approved permit was for the upper dwelling unit only. On May 16, 2013, TOWN OF TSBURON PAGE 1 OF 4 Tannin, Commission Mecting Aupst 21, 2014 Joe and Cathy Haraburda, owners of the adjacent property at 120 Solano Street, filed an appeal of this decision. On June 26, 2013, the Planning Commission considered the appeal. At that meeting, the applicants and neighbors presented contrasting information about the operation of the seasonal rental unit. The Commission concluded that the main issues related to noise from the swimming pool shared by both property owners and shared off-street parking spaces. On July 24, 2013, the Planning Commission adopted Resolution No. 2013-07 (Exhibit 1) partially granting the appeal and adding the following conditions of approval to the seasonal rental unit permit: Vehicles of seasonal renters shall not utilize the private driveway behind the residences at 110 & 120 Solano Street. On-site parking for seasonal renters shall be limited to the lower garage at 110 Solano Street. 8. Seasonal renters shall not have use of the swimming pool or area around the pool under the ownership of 120 Solano Street. 9. The subject seasonal rental unit permit shall be reviewed by the Planning Commission in one year, or sooner at the discretion of Planning Division staff. The required review of this permit has now been scheduled. Since the approval of the seasonal rental unit permit, the neighboring property owners at 120 Solano Street and the applicants have sent numerous e-mails to Town staff, most of which allege or refute potential violations to the requirements of the permit. The allegations regarding specific conditions of approval are addressed below. The e-mails are collectively attached as Exhibit 4. ANALYSIS Following are the conditions of approval contained within Planning Commission Resolution No. 2013-07 and the status of compliance for each: The approved permit is for the upper dwelling unit at 110 Solano Street only. The lower dwelling unit and the guest room above the garage are not approved as seasonal rental units. Status: The neighbors have complained on several occasions that the lower dwelling unit and guest room have been used by seasonal renters. The applicants have provided responses to these complaints that these areas have been used only by the owners themselves or by tenants staying longer than 30 days, which are not subject to the requirements of a seasonal rental unit permit. 2. The seasonal rental unit shall be operated subject to the conditions contained within the sample lease agreement submitted as part of this application and on file with the Town of Tiburon. EXHIBIT !.'j 0 - TOWN OF TIBURON PAGE 2 OF 4 Planning Crnnmissinn Niecting Augmt r, 2014 Status: The lease agreement includes numerous restrictions on the use of the seasonal rental unit, including limitations on the use of the swimming pool. The neighboring property owners have repeatedly alleged violations of the swimming pool requirements. The applicants have responded that the pool has either been used by long-term renters who are not subject to the requirements of the seasonal rental unit permit or that the use of the pool has been consistent with these requirements. 3. Occupancy of the seasonal rental unit shall be limited to no more than four (4) adult guests at any one time. Status: There have been no indications that the seasonal rental unit has been occupied by more than four adult guests at any one time. 4. There shall be a minimum of two (2) off-street parking spaces provided for the seasonal rental unit when in use as a seasonal rental. Seasonal rental occupants shall be required to park off-street at all times. Status: Two off-street parking spaces have been provided for the seasonal rental unit. Except for one complaint about handicapped guests temporarily parking to unload luggage, there have been no other complaints regarding off-street parking. There shall be no visible trash or debris from the seasonal rental use. Status: There have been no complaints about visible trash or debris. 6. The seasonal rental unit shall not be rented out for large parties or special events. Status: There have been no indications that the seasonal rental unit has been rented out for large parties or events. Vehicles of seasonal renters shall not utilize the private driveway behind the residences at 110 & 120 Solano Street. On-site parking for seasonal renters shall be limited to the lower garage at 110 Solano Street. Status: The neighboring property owners have alleged that the private driveway has been used on several occasions by seasonal renters. The applicants have responded that the driveway was used once by guests temporarily parking to unload luggage and that other driveway usage has been by long-term renters only. 8. Seasonal renters shall not have use of the swimming pool or area around the pool under the ownership of 120 Solana Street. Status: There have been numerous allegations by the neighboring property owners about unpermitted use of the swimming pool by seasonal renters. The applicants have responded in each instance that the swimming pool has only been used by long-term renters. The applicants have also submitted several letters from long-term renters alleging harassment by the neighbors when using the pool. _ LXiU 4% t i TOWN OF TIBURON PAGE 3 OF 4 Planning Commission Meering August: 27, 2014 9. The subject seasonal rental unit permit shall be reviewed by the Planning Commission in one year, or sooner at the discretion of Planning Division staff. Status: The required review of the permit has now been scheduled. 10. The Town reserves the right to amend or revoke this Seasonal Rental Unit Permit for cause, in accordance with adopted regulations of the Town. Status: The Planning Commission has the ability to amend or revoke this seasonal rental unit permit based on information received during this permit review. PUBLIC COMMENT As noted above, the e-mails from the applicants and neighboring property owners are collectively attached as Exhibit 4. CONCLUSION It is clear that the concerns between the applicants and the neighbors about the subject seasonal rental unit that were apparent during the appeal of the application in 2013 have not been resolved. It is less clear that the applicants have substantially complied with the conditions of approval of the seasonal rental unit permit. Nonetheless, staff believes that that there is little evidence of a pattern of noncompliance with the permit requirements and that the cross complaints evidenced in the volume of e-mails sent to the Town have more to do with ongoing issues between neighboring property owners than with actual permit violations. RECOMMENDATION Staff recommends that the Planning Commission take public testimony on this item, close the public hearing, determine whether the applicants are operating in substantial compliance with the requirements of their seasonal rental unit permit, and consider whether any modifications should be made to the adopted conditions of approval for this permit. EXHIBITS 1. Planning Commission Resolution No. 2013-07 2. Minutes of the June 26, 2013 Planning Commission meeting 3. Planning Commission staff report dated June 26, 2013 4. E-mail correspondence from applicants and neighbors 5. Letter and attachments from John Sharp, dated August 20, 2014 Prepared by: Daniel M. Watrous, Planning Manager \ehared0mmingTianning Commission\Staff Reports\2014W,ugust 27 meeting\110 Solaro Street review report.doc ~liX.1A1.{Sl.i i'T,-� 1 UwN OF 1 IBURON PAGE 4 OF 4 PLANNING COMMISSION MINUTES MINUTES NO. 1032 June 26, 2013 Regular Meeting Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California CALL TO ORDER AND ROLL CALL: Chair Tollini called the meeting to order at 7:43 p.m. Present: Chair Tollini, Vice Chair Weller and Commissioner Welner Absent: Commissioner Corcoran Staff Present: Planning Manager Watrous, Assistant Planner O'Malley. Director Anderson and Minutes Clerk Rusting ORAL COMMUNICATIONS: Richard Whithouse introduced himself and stated that he applied to join the Planning Commission a few months ago. COMMISSION AND STAFF BRIEFING: Planning Manager Watrous reported that two items are scheduled for the July 10, 2013 meeting: the review of the CVS conditional use permit and a Precise Plan Amendment on Owlswood Road. PUBLIC HEARINGS: 1. 110 SOLANO STREET: APPEAL OF APPROVAL OF A SEASONAL RENTAL UNIT PERMIT TO OPERATE A PORTION OF AN EXISTING TWO-FAMILY DWELLING AS A SEASONAL RENTAL UNIT; FILE #SRU2013-01; Courtney and Sandy Anderson, Owners/Applicants; Joe and Cathy Haraburda, Appellants; Assessor's Parcel Number: 059-143-35 Planning Manager Watrous said that on May 6, 2013, staff conditionally approved a Seasonal Rental Unit Permit application to operate a seasonal rental unit on property located at 110 Solano Street. The owners of the property at 120 Solano Street (Joe and Cathy Haraburda, appellants) have filed a timely appeal of staff's decision. The property is developed with a duplex, consisting of two two-bedroom dwelling units, along with a guest room above a two -car carport. The applicants have requested to legalize the use of either dwelling unit or both together as one seasonal rental use up to 200 days per year. The TIBURON PLANNING COMMISSION MINUTES -JUNE 26, 2013 MINUTES NO. 1032 PAGE I Tiburon Zoning Ordinance defines a seasonal rental unit as "a dwelling unit that is rented on a repeated basis for less than 31 consecutive days, or is advertised or marketed on a repeated basis to be rented for any period less than 31 days." Section 16-40.040 requires that a seasonal rental use obtains a Home Occupation Permit, tailored to seasonal rental purposes. Planning Manager Watrous said that staff found out about the rental because they received complaints from the appellants about the use of the property. The owners then applied for a seasonal rental permit. They stated they rent out one dwelling unit while staying in the other, while on other occasions they rent out both dwelling units to one group of renters, and choose to either stay in the guest room on the site or stay elsewhere during the rental period. Staff determined that one seasonal rental unit application would be required for rental of each dwelling unit, and that the subject application therefore could only be utilized for one dwelling unit. On May 6, 2013, staff conditionally approved the subject application, including Condition of Approval No. 1 stating that the approved permit was for the upper dwelling unit only. On May 16, 2013, the appellants filed a timely appeal of this decision. Planning Manager Watrous stated that the appeal contains two grounds. The first ground was that the seasonal rental use is disruptive to the residential neighborhood character. He described the physical arrangement of the properties, including easements for driveways and a swimming pool on the appellants' property. Planning Manager Watrous stated that there has been conflicting information regarding the pool and noise complaints. The second appeal ground was that the seasonal rental use results in significant additional traffic and inadequate parking. Planning Manager Watrous described the parking situation on the properties and stated that the appellants contend that seasonal renters have created additional traffic and demand for parking on the site, although the appeal does not provide specific examples of such problems. The applicants have responded that the appellants have consistently blocked parking spaces with their vehicles and have made numerous unfounded calls to the Police Department to report illegally parked vehicles on the street. Planning Manager Watrous said that it was not readily apparent whether the manner in which the subject seasonal rental has been operated has been inconsistent with the quiet residential character of this neighborhood, or whether the complaints stem from an inter -neighbor dispute that has little to do with the operation of a seasonal rental unit. He said that the volume and indiscriminate character of the appellants' complaints, combined with the letters from other neighboring property owners indicating a lack of disruption from the seasonal rentals, leads staff to believe that this situation has more to do with a neighbor dispute than the actual operating conditions of the seasonal rental unit. However, he noted that the Planning Commission may determine that the intertwined parking and outdoor use areas of the applicants' and appellants' properties may make this a less than ideal location for a seasonal rental unit. Chair Tollini opened the testimony portion of the appeal hearing. Joe Haraburda, appellant, said that he and his wife have owned the property at 120 Solano Street since 1991. He said that they have owned property in various locations and have rented properties with the objective to choose tenants that would respect the quiet nature of the 77 EXHIBIT i,_t;i). TIBURON PLANNING COMMISSION MINUTES -JUNE 26, 2013 MINUTES NO. 1032 PAGE 2 property. He said that he has lived in Tiburon since 2001 and has rented both units and never had complaints. He noted that his tenants have written a letter and submitted it to the Town. He said that the Town's land use constraints limit the property to uses that conform to the small residential nature of the community. He showed a map of the properties and described the driveways and garages on the properties and the distances between the buildings, decks and bedrooms. Mr. Haraburda said that when the seasonal renters arrive they stop and unload in the area in front of his house, making noise as early as 6:00 a.m. when they arrive to 11:00 p.m. when they leave. He said that the noise of loading and unloading occurs up to 200 days a year, and there are renters currently in the property. He said that on occasional seasonal renters have driven up the driveway instead of down the driveway, and because of the blind spots this could potentially cause an accident. Mr. Haraburda explained that there is a 1991 easement agreement for the appellants to occupy the two garages and in return they provide use of the swimming pool on their property to the applicants. He said that the use of the swimming pool is regulated by the rules supplied by the owners. He was concerned with liability and said that the pool rules have been ignored. He listed several problems they have had regarding the shared property under the easement: their name is not on the water bill even though they have been asked several times, the Andersons replaced a faucet on a sink that is on his property, and there was an issue with the dryer vent and it was not replaced until he contacted the Town. Mr. Haraburda said that no seasonal rentals exist in the area along Solano Street below Paradise Drive and it is an area with high density. He said that the Andersons have had as many as 12 people staying on the property and rented it 200 times per year. He said that the use and the common driveway affect the neighborhood in a negative way, and pointed out the Tiburon General Plan contains noise goals to ensure that residential areas are quiet. He measured distances from the property and noted that other properties where the owners have indicated their support for this application are 10-15 times further from the property than his own property is from the property. He said he called the Andersons many times to quiet the people in the pool and gave many examples of issues they have dealt with, including children swimming unsupervised, large numbers of non -English -speakers populating the area, drunken renters in the pool, and renters confronting them late in the night when they asked them to quiet down. In his opinion, this use has clearly changed the nature of the neighborhood and is a liability issue. He requested denying the request and having the rentals cease. Loni Johnson, appellants' daughter, said she is also a resident of Tiburon and is very familiar with the character of the property. She said that the vacation rentals have affected her parents greatly. She said that the Andersons continue to advertise her parents' pool without their consent on various websites as a communal pool with photos. She said that her mother lives in constant stress and fear that someone will be injured in the pool. She said that she has witnessed children running around the pool unsupervised, loud and unruly vacation renters, renters swimming while intoxicated, and renters who have spoken rudely to her. She said that her mother does not want to swim with unknown renters and has been unable to properly recover from a recent surgery and unable to sleep at night because of the excessive noise. She stated that her mother does not want TIBURON PLANNING COMMISSION MINUTES - JUNE 26.2013 MINUTES NO. 1032 PAGE 3 to disturb the police, but there have been strangers walking through the patio and in front of her mother's home that have startled her. She said that there are privacy issues and she was very shocked and saddened that the Andersons continue to take advantage and profit from her parents' pool. She said that her mother fears that she might lose her tenants due to this continuing problem. She said that her parents should have the right to live in peace and enjoy the excellent quality of life that Tiburon provides to every homeowner. Vice Chair Weller asked if a copy of the easement agreement was available. Mr. Haraburda read portions of the easement agreement regarding the use of the parking and pool. He said that they have a one-page list of pool rules they submitted to the Andersons and received no response. Vice Chair Weller asked if pool rules and regulations have been established. Mr. Haraburda said that the rules were adopted, but they have not been adhered to, and he listed violations such as children in diapers, unsupervised children, etc. Vice Chair Weller asked for the hours specified in the rules. Mr. Haraburda answered that the agreed hours are from 9:00 a.m. to 9:00 p.m. Monday through Friday, and 9:00 a.m. to 10:00 p.m. on weekends. Commissioner Welner asked about arrangement with the neighbors regarding liability insurance. Mr. Haraburda said that they maintain their own liability policy and have requested a copy of a liability policy from the Andersons, but only received a piece of paper that was not a legal document. Commissioner Welner asked if the property at 2200 Paradise Drive has access to the pool. Mr. Haraburda said that they have elected not to have access to the pool. Courtney Anderson, applicant, thanked the Commission for their time and said that much of the testimony tonight was not true. He said that the Haraburda house is not the closest to the unit, as the Edinger's bedrooms are within ten feet of the garage, bedroom and the path to the main structure's front door directly across the driveway. He that said any noise would be heard by them because they are so close. Mr. Anderson said that the larger decks on his duplex face the water and there are no open windows facing the Haraburda property for noise to come out of the house. He said that the noise would be most noticed from the O'Neill's house as they are only 75 feet from the deck. He stated that the noise level from the water is pretty high but the area gets quiet at night. He said that the pool is only 80 feet from the van Ravenswaays' home and 90 feet from the Sugaski house and there is not much sound blockage. He said that if any of those neighbors had an issue with noise then he would have heard from them. He also said that houses further down the street would hear noise, see traffic or have safety issues and those neighbors have attested that there have been no issues. Mr. Anderson said that there are a lot of issues with the pool. He said that the reason his long- term renters would not rent from him again and would not come back was due to their experience with the Haraburdas, and he stated that there is a lot going on besides the vacation rental issue. Mr. Anderson said that 96% of their vacation renters are families from all over the world and some of them come to Tiburon and eventually buy houses in Tiburon after renting here. He said ',r, iiliil. t U TIBURON PLANNING COMMISSION MINUTES -JUNE 26, 2013 MINUTES NO. 1032 PAGE 4 that they are very careful to personally greet each renter. He said that the renters are not allowed to come up the driveway and they do not even tell the renters about the driveway. He said that they only allow them to come up the driveway if they have a wheelchair or other situation, and this would not occur at night. He said that it is too dangerous to allow renters to come up the driveway and they very rarely do this, and if they do allow it then they always meet them. He said that the Haraburdas come out of their garage and past his bedrooms all of the time, but he pointed out that the sound -proofing of these buildings is excellent and they do not hear them. Mr. Anderson said that the pool rules were forced on him but are written into all of their contracts and they also verbally explain all of the pool rules to renters. He said that children cannot get into the pool area without their families because of the height of the gate. He said that they have liability insurance and he sent a summary of their insurance to the Haraburdas. Mr. Anderson said that the vacation renters usually come by limousine or may have one car, so there is not additional traffic or parking due to the renters. He pointed out that their contract states that no parties are allowed and that renters must be out of the pool by 10:00 p.m. on weekends and 9:00 p.m. on weekdays. He said that they are very careful about noise and sound. He said that they tested the sound coming out of the guest house with the television on and the windows open and at high volume, and no sound was detected. He said that they tested during the daytime with ear splitting sound on the deck and found that none of the sound got to the Haraburdas. He said that the property is very quiet most of the time and he said that vacation renters are often not in the unit because they are out sight-seeing. Mr. Anderson stated that the police have been called on them 30 times and he questioned why everything has to be so controlled. He said that there was noise when the Haraburdas' granddaughter was in the pool, but it was during the day so it was okay. He said that a lot of the complaints are overplayed by the Haraburdas and he said that no one else in the neighborhood is bothered by it. He said that the Haraburdas have chased off the pest control people and anyone who comes to the location is threatened and will not return. Chair Tollini asked if there is a specified parking space on the property for the vacation renters. Mr. Anderson said that renters can park on the space on the driveway or in the lower garage. He said they wait outside for the renter if they are coming on the driveway and escort them. He said that they do not want renters to know about the driveway so they will not use it. Commissioner Welner asked if the units are empty when they are not being rented. Mr. Anderson said that they live there in the guest unit. Commissioner Welner asked if the entire duplex is ever rented. Mr. Anderson said that that has been done at most three times in one year. Commissioner Welner asked if they are generally present. Mr. Anderson said that they are present because they feel they need to protect their renters from being yelled at. Commissioner Welner asked how Mr. Anderson arrived at the number of 200 rental days per year. Mr. Anderson said that it is the maximum number of days they would typically rent it. He said that the people coming to rent are families and they would like to have 4 bedrooms to accommodate them. There were no public comments. TIBURON PLANNING COMMISSION MINUTES -JUNE 26.2013 MINUTES NO. 1032 PAGE 5 Mr. Haraburda said that he does not see Mr. Anderson around much at all when renters are present. He said that there is a concrete wall separating the Edinger's property from his. He said that the decks that cause problems are not the ones facing the water, but rather the ones facing his property and the pool area that are creating noise to his property. He said that they face the pool and on some occasions if it is too loud he goes down and asks people to be quieter. He said that he spends a good deal of time on the deck and it might look like he is watching the people in the pool, but his windows are always open because he likes fresh air. He stated that they have never forced the pool rules on the Andersons. He said that kids have gotten into the pool by pulling a string on the gate so the height of the gate does not keep them out. He said that he has seen people arriving in rental cars and vans, sometimes two at a time and there have been parties and he would not complain if there was not noise. He said that the area is a small town residential community and not a bed and breakfast community. Mr. Anderson said that the decks on the Haraburda side are actually very narrow and no one goes there. He pointed out that there are trees and no space to congregate in that area. He said that no one goes on the top deck because it covered with flowers. He said that only 2 or 3 people could fit on the lower deck and he questioned why there are no photographs of people on these decks. He said that the character of the place is very quiet and the families they rent to respect the property. Chair Tollini closed the public hearing Vice Chair Weller said that both sides made valid points and both have valid concerns. He said that his general predilection was to allow property owners to use their property as long as they are not creating a public nuisance. However, he had trouble reconciling this particular property with the seasonal rental unit ordinance, which was not intended to change the character of the community. He said that unfortunately this was a property that would not be built in this fashion today. He said that the appellants and the applicants have inherited something that includes reciprocal easements and is a planning nightmare. He said that this was a fundamentally untenable arrangement and needed to be reconciled in a better fashion than had been done so far. Vice Chair Weller said that the noise between the two properties was the core issue. He said that traffic on the driveway does not create more noise than currently exists. However, the pool sits right in front of the Haraburdas and he said that it is used in a way that is different than permanent residents would use it, which is inconsistent with the rental ordinance. He said that his inclination was to not entirely prohibit seasonal rentals but to impose some serious constraints on the use of the pool. He noted that permanent residents are at work during the day and would not be in the pool every night. Commissioner Welner asked when the seasonal residence ordinance became effective and Planning Manager Watrous answered that the ordinance was adopted in 2010. Commissioner Welner said that the seasonal rental unit ordinance was not created to encourage seasonal rentals but rather to allow the Town to have some control over them and ensure that they would occur in appropriate locations. He said that this situation was tricky because the TIBURON PLANNING COMMISSION MINUTES -JUNE 26.2013 MINUTES NO, 1032 PAGE 6 property was historically used as a rental and if it was a new application the Commission would consider it differently. He said that the Commission needed to look at this as if it was a new enterprise being proposed. He thought that this was not an ideal property for a seasonal rental. He said that there is a lot of common property, a complex easement arrangement regarding the pool, and close proximity. He said that because it is an ongoing use he did not want to drive the business away, but the use should not have been functioning for all of this time without a permit, and that should not give it momentum to give the use extra consideration. He did not think that the property was an appropriate site for a seasonal rental and he thought that the burden was on the property owner to convince the Commission that it is. Chair Tollini agreed that this is a tricky situation and she said that it was stressful to feel the acrimony between neighbors. She said that she has an easement with her neighbor and easements take a lot of compromise and working together to work well. She said that she would like to allow property owners to do what they want with their property as long as it is compatible with the Town's standards regarding parking and outdoor space. She said that the parking could be easily regulated by designating parking and loading areas, but the main issue was the outdoor space, specifically the pool. She acknowledged that no other neighbors are disturbed, but because the pool is right in front of the appellants it is impossible to not be disturbed by noise coming from the pool area. She said that she would be amenable to approval if parking was regulated and if renters could not use the pool or had restricted access to the pool area. Vice Chair Weller said the clearest set of rules would be to limit the parking, but the question was what preventing the use of the pool would do to the use of the property as a vacation rental. He said that the issue might be best resolved by stating that seasonal rentals could not use the pool. He said that this limitation would not apply to long-term renters. He also said that the scale of the request of 200 days seemed akin to the concept of running a bed and breakfast business as this would be for more than half the year. He asked staff if the duration was considered as part of the application. Planning Manager Watrous said that it was not and he said that the review had more to do with the use and whether it would affect neighbors. He said that the overwhelming majority of seasonal rentals operate in a manner where neighbors are not aware of it or do not mind. Chair Tollini said if they determine that the use does not adversely impact the neighborhood then the number of days did not bother her. Vice Chair Weller said that since the appeal focused on the noise and disturbance issue, that can be sufficiently addressed by parking and pool limitations and the number of days does not matter. Commissioner Welner asked if there is a minimum duration for a permit for seasonal use. Planning Manager Watrous said that the Town has not established any time limits, as the home occupation permit requires an annual renewal fee but not an annual review of the permit. Vice Chair Weller stated that a condition of approval could require a future review. Chair Tollini suggested using staff discretion to determine if there are problems and if the permit needs to come back to the Commission before a scheduled review. SJl�il.Li3JAT TIBURON PLANNING COMMISSION MINUTES - JUNE 26.2013 MINUTES NO. 1032 PAGE 7 ACTION: It was M/S (Weller/Welner) to direct staff to prepare a resolution partially granting the appeal with the following additional conditions of approval: 1) Seasonal renters shall park only on public streets and can only use the lower garage on Solano Street; 2) Seasonal renters shall not have use of the swimming pool or pool area; and 3) The permit shall be reviewed in one year or sooner at the discretion of Planning Division staff. Motion carried: 3-0. MINUTES: 2. PLANNING COMMISSION MINUTES — Regular Meeting of May 8, 2013 Commissioner Welner requested amending the statement on page 4 by Ms. Harder to remove the following text: ", but she pointed out that they might desire in the future to sell to a large corporation with trucks." ACTION: It was M/S (Tollini/Welner) to approve the minutes of the May 8, 2013 meeting as amended. Motion carried: 3-0. ADJOURNMENT: The Planning Commission adjourned the meeting at 9:20 p.m. ATTEST: DANIEL M. WATROUS Secretary ERIN TOLLINI, CHAIR Tiburon Planning Commission rsel'sLillil'r � -�- TIBURON PLANNING COMMISSION MINUTES - JUNE 26, 2013 MINUTES NO. 1032 PAGE 8. To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Members of the Planning Commission Planning Manager Watrous Planning Commission Meeting June 26, 2013 Agenda Item 1 Subject: 110 Solano Street; File No. SRU 2013-01; Appeal of Approval of a Seasonal Rental Unit Permit to Operate a Portion of an Existing Two - Family Dwelling as a Seasonal Rental Unit; Courtney and Sandy Anderson, Owners/Applicants; Joe and Cathy Haraburda, Appellants; Assessor's Parcel Number: 059-143-35 Reviewed By: PROJECT DATA Address: Assessor's Parcel Number: File Number: Property Owners: Applicant: Appellants: Lot Size: Existing Use: Zoning: General Plan: Flood Zone: BACKGROUND 110 Solano Street 059-143-35 SRU13-01 Courtney and Sandy Anderson Same Joe and Cathy Haraburda, 120 Solano Street 7,500 Square Feet Two-family dwelling R-2 (Two -Family Residential) High Density Residential X (Outside 500 -year storm event) On May 6, 2013, Planning Division staff conditionally approved a Seasonal Rental Unit Permit application to operate a seasonal rental unit on property located at 110 Solano Street. The owners of the property at 120 Solano Street (Joe and Cathy Haraburda), hereinafter referred to as "appellants," have filed a timely appeal of staff's decision. The appeal is attached as Exhibit 1. PROJECT DESCRIPTION The applicants requested to operate one or both units of a two-family dwelling located at 110 Solano Street as a seasonal rental unit. The property is developed with a duplex, consisting of two two-bedroom dwelling units, along with a guest room above a two -car carport. The applicants have requested to legalize the use of either dwelling unit or both together as one seasonal rental use up to 200 days per year. The Tiburon Zoning Ordinance defines a seasonal rental unit as "a dwelling unit that is rented on a repeated basis for less than 31 consecutive days, or is advertised or marketed on a repeated basis to be rented for any period less than 31 days." Section 16-40.040 TOWN OF TIBURON PAGE 1 OF 4 Planning Commis ionMceting. ] u nc =E, 201 3 requires that a seasonal rental use obtains a Home Occupation Permit, tailored to seasonal rental purposes. REVIEW BY STAFF In March 2013, the Town received complaints from the appellants about the use of the subject property as a seasonal rental unit. The appellants provided Town staff with links to websites advertising the house as a seasonal rental. Staff contacted the owners of the property, informed them of the need to obtain the necessary approvals for a seasonal rental unit and referenced the complaints from the neighbors. The owners stated that they were unaware of the Town's requirements and filed an application for a seasonal rental unit permit. The applicants included letters from seven (7) other neighboring property owners (Exhibit 6) indicating that they had not been disturbed by the seasonal rental activity at the site. The applicants indicated that sometimes they rent out one dwelling unit while staying in the other, while on other occasions they rent out both dwelling units to one group of renters, and choose to either stay in the guest room on the site or stay elsewhere during the rental period. Staff determined that one seasonal rental unit application would be required for rental of each dwelling unit, and that the subject application therefore could only be utilized for one dwelling unit. On May 6, 2013, staff conditionally approved the subject application (Exhibit 2), including Condition of Approval No. 1 stating that the approved permit was for the upper dwelling unit only. On May 16, 2013, the appellants filed a timely appeal of this decision. BASIS FOR THE APPEAL There are two (2) grounds upon which the appeal (Exhibit 1) is based: Ground #1: The seasonal rental use is disruptive to the residential neighborhood character. Staff Response: Section 16-40.040 of the Zoning Ordinance (Seasonal Rental Units) contains general criteria and operating standards be used in evaluating seasonal rental units. Subsection 4 reads as follows: Outdoor space. The use of outdoor yard areas, open decks, pools and the like shall not result in the production of excessive off-site noise, odor and other external disturbances. Said determination to be based on the judgment of the Director. Approval of the seasonal rental unit may be conditioned upon the installation of screening, fencing, plantings and/or other such installations and conditions to help ensure compatibility of the seasonal rental unit with the surrounding area. The properties at 110 and 120 Solano Street and 2200 Paradise Drive were originally one parcel developed with three (3) duplexes (see site plan attached as Exhibit 4). At some point prior to incorporation of the Town of Tiburon, the parcel was subdivided into three lots, each with a duplex. A driveway easement extends across all three lots. The subdivision included easements "Fnw\r rTHI'izoN Pawl of 4 L,-KHMIT 1.-0 s PlanningConmvission Mceting JunC =6, 2013 that give the appellants use of two parking spaces in a garage on the applicants' property, and give the applicants use of a swimming pool on the appellants' property. The appeal contains a compendium of complaints and documentation regarding various issues related to the subject property. The appeal includes documentation indicating occasions that seasonal renters have used the swimming pool outside of posted hours and in a noisy manner. The applicants have responded with written statements from previous rental guests documenting incidents where the appellants yelled at them while they were using the pool in a normal manner (Exhibit 7). The appeal also includes documentation about incidents of noise from parties or other activities of seasonal renters inside the dwelling units. The applicant has provided noise measurement information (also in Exhibit 7) indicating that noise from inside the dwelling units would not be audible from the appellants' home. As noted above, the applicants have submitted letters from seven (7) other neighboring property owners indicating that they had not been disturbed by the seasonal rental activity at the site. Ground #2: The seasonal rental use results in significant additional traffic and inadequate parking. Staff Response: Section 16-40.040 (2) of the Zoning Ordinance requires that "on-site parking shall be provided as required for a single-family dwelling unit in compliance with Section 16-32 (Parking and Loading Standards)" for a seasonal rental unit. The appeal also notes that Section 16-52.110 (C[1&2]) of the Zoning Ordinance (Operating Standards for Home Occupations) states that "no significant additional traffic shall be created in the neighborhood" and that "adequate parking shall be maintained." A total of three parking spaces are required for two dwelling units by Section 16-32. The existing two -car carport provides parking for the duplex, with additional open parking spaces in front of the carport and along the sides of the shared driveway easement. As noted above, the appellants have an easement to share the parking within the carport. The appellants contend that seasonal renters have created additional traffic and demand for parking on the site, although the appeal does not provide specific examples of such problems. The applicants have responded that the appellants have consistently blocked parking spaces with their vehicles and have made numerous unfounded calls to the Police Department to report illegally parked vehicles on the street. PUBLIC COMMENT As of the date of this report one additional letter has been received from the rental tenants occupying the second dwelling unit owned by the appellants (Exhibit S). No other additional comment letters have been received regarding the subject application beyond the aforementioned documentation attached as Exhibit 6. Tmv.\ oF Di3i'iii T"uhtfllii S7:, e:�«l4 PlanningC..onimi sionMeeting Junc 226, 2013 CONCLUSION The intent of the seasonal rental unit regulations was to allow homeowners to periodically rent out their residences in a manner that would not be disruptive to the surrounding neighborhood. It is not readily apparent whether the manner in which the subject seasonal rental has been operated has been inconsistent with the quiet residential character of this neighborhood, or whether the complaints stem from an inter -neighbor dispute that has little to do with the operation of a seasonal rental unit. The volume and indiscriminate character of the appellants' complaints, combined with the letters from other neighboring property owners indicating a lack of disruption from the seasonal rentals, leads staff to believe that this situation has more to do with a neighbor dispute than the actual operating conditions of the seasonal rental unit. However, the Planning Commission may determine that the intertwined parking and outdoor use areas of the applicants' and appellants' properties may make this a less than ideal location for a seasonal rental unit. V1101110-ITAI DRI 11F.11 11010 Staff recommends that the Planning Commission: Hold a public hearing on this item and hear and consider all testimony; 2. Deliberate and indicate its intention to either grant, partially grant or deny the appeal; and 3. Direct staff to return with a resolution regarding the disposition of the appeal for consideration at the next meeting. EXHIBITS 1. Notice of appeal 2. Notice of Action and adopted conditions of approval (attached to June 12, 2013 staff report) 3. Appeal procedures (attached to June 12, 2013 staff report) 4. Site plan of 110 & 120 Solano Street and 2200 Paradise Drive (attached to June 12, 2013 staff report) 5. Application form and supplemental materials (attached to June 12, 2013 staff report) 6. Letters submitted by applicants from neighboring property owners, dated April 17, 2013 (attached to June 12, 2013 staff report) 7. Response from applicants, dated May 31, 2013 (attached to June 12, 2013 staff report) 8. Letter from Scott Carlson and Jennyfer Diani, dated June 11, 2013 Prepared By: Daniel M. Watrous, Planning Manager `RON 7- _ _ Pane 4 of 4 e> Y11�.�TiL.T Jn l:. John E. Sharp john cc)iohnsharplaw.com August 20, 2014 Law Offices of JOHN E. SHARP 24 Professional Center Parkway, Suite 100 San Rafael, CA 94903 AUG 2 1 n i q PLAl �' <:I ' _ Telephone: (415) 479-1645 Facsimile: (415) 479-2648 Chairman Jon Weiner and Members of the Planning Commission C/O Dan Watrous 1505 Tiburon Blvd. Tiburon, CA 94920 Re: 110 Solano St. --Application for Seasonal Rental Unit Permit Review: hearing date -- August 27, 2014 Dear Chairman Weiner and members of the Commission: I am writing on behalf of Joe and Cathy Haraburda, the owners and occupants of 120 Solano St., immediately adjacent to the property of Courtney and Sandy Anderson, applicants for a Seasonal Rental Unit Permit, ('the Application"). For reasons set forth below, Mr. and Mrs. Haraburda oppose the Application_ The conditions of approval imposed in SRU2013-01, ("the SRUP"), and Resolution 2013-07, allowing operation of a Seasonal Rental Unit have not been met, nor can the required findings for continued approval be sustained. Overview: In the approximately one year period of time following conditional approval of the SRUP, many emails and other correspondence have an exchanged between the Andersons and the Haraburdas. Reference is made to an email dated July 14, 2014 from Courtney Anderson to Dan Watrous. While we see no benefit to prolonging or responding to the character assassination set forth in that correspondence (and other communications from Mr. Anderson) Mr. and Mrs. Haraburda unequivocally deny references in Mr. Anderson's correspondence to "personal attack", "intimidation" or other flights of fancy as set forth in Mr. Anderson's email. Any contact between Mr. and Mrs. Haraburda and any party entering their property (including the parking easement and pool shared by the parties) has been in specific response to concerns regarding late-night entries to, or trespasses upon, the property of the Haraburdas. Mr. Anderson has chosen to characterize these trespasses as some means of intimidation when, in fact, Mr. and Mrs.Haraburda only seek to maintain the quiet use and enjoyment of their own property. The self-serving hearsay from so-called tenants (with whom Mr. Anderson obviously shares a contractual relationship) should be viewed with skepticism. Applicable Ordinances: Rather than engage in character assassination as set forth in Mr. Anderson's emails, Mr. and Mrs. Haraburda rely upon applicable law including, without limitation, sections 16-40.010 et seq. of the Tiburon Municipal Code (TMC). In particular, section 16 — 40.040, specific to T - - �ril�ii b$i i' lw 0. P. i dt--t? Seasonal rental units, in addition to requiring a home occupation permit (TMC 16 — 52.110) provides, at subsections 4 and 5, that: "The use of outdoor yard areas, open decks, pools and the like shall not result in the production of excessive off-site noise, odor and other external disturbances. Said determination to be based on the judgment of the director...." "In no event shall the honor of the seasonal rental unit or their agent rent an individual room in the seasonal rental unit to a person, family, or other group of persons". Contrary to these requirements, the Andersons have repeatedly and consistently allowed individual rooms and portions of their home and garage unit to be used, on an itinerant basis, and for short periods of time (less than 31 days) for occupancy by large groups of people who have, among other things, held parties in the property, blocked Mr. and Mrs. Haraburdas' parking and access, generated noise late at night under Mr. and Mrs. Haraburdas' bedroom window all in violation of both the spirit and the letter of the seasonal rental unit permit and the Town's underlying ordinances. These violations have been documented by Mr. and Mrs. Haraburda, said documentation having been characterized by Mr. Anderson as some form of harassment. Every attempt by Mr. and Mrs. Haraburda to resolve these matters informally with Mr. and Mrs. Anderson has been met with denial and hostility, resulting in Mr. and Mrs. Haraburda having no recourse but to contact Town officials. Conditions of Approval and Related Violations: On May 6, 2013, Mr. Watrous, Planning Manager, wrote to Mr. Mrs. Anderson, specifically setting forth conditions of approval of the SRUP. Those conditions included that the permit is for the upper dwelling unit at 110 Solano St. only; occupancy of the seasonal rental unit is limited to no more than four adult guests at one time; the seasonal rental unit shall not be rented out for large parties or special events; and that the Town reserves the right to amend or revoke the SRUP for cause, in accordance with adopted regulations of the Town. Additionally, parking is to be provided, and the driveway is not to be used by the Andersons' visitors. As demonstrated herein, all these conditions have been repeatedly violated. Each of the above stated conditions has been violated prior to and during the period since granting of the SRUP. Evidence of those violations is not repeated here, inasmuch as Mr. and Mrs. Haraburda have documented said violations to the Town. For the Commission's convenience, attached hereto as Attachment A, and incorporated herein by reference, is a timeline, dated October 3, 2013, which documents the pattern of violations of the SRUP, and underlying ordinances. Most troublesome to Mr. and Mrs. Haraburda is the fact that the Anderson's have moved their dwelling to the small unit above their garage and have allowed short-term occupancy by more than four adult guests in not only the lower dwelling unit, but the entire main house and surrounding environment, including the pool. The lower garage has been converted to 1 A 1-1i1L 110. JP z rel= lq storage, in violation of the SRUP. The lower and upper units occupied by strangers have been used for large parties and special events, and, contrary to the admonition in Mr. Watrous's letter that "the use must remain in compliance with these requirements continuously", the Anderson's persist in exchanging their property with owners of properties in other locations, in order to subsidize their own travel, as well as, by Mr. and Mrs. Haraburdas' own direct observation, renting out the lower unit. Although the Anderson's currently live in the garage unit, they've also rented that unit to exchange tenants. Attached hereto as Attachment B, and incorporated herein by reference, is a copy of the website for rental of the Property, advertising rates for the upper and lower units, with facilities for 4-6 guests, clearly in direct violation of the SRUP. Finally, resolution number 2013 — 07 provides that shared use of the pool by tenants of Mr. and Mrs. Anderson would not be consistent with section 16-40.040 (four). Contrary to this finding, shared use of the pool area has consistently occurred. Similarly, the private driveway behind the residences at 110 and 120 Solano St. has been used on repeated occasions. Conclusion: Mr. and Mrs. Anderson have consistently and repeatedly violated virtually every condition of approval of their SRUP. In so doing, they have operated their property as a business, which is entirely inconsistent with the values sought to be preserved in the Town's ordinances. These abuses can only be stopped by revocation of the SRUP, and Mr. and Mrs. Haraburda respectfully request that said action be taken by the Planning Commission. Mr. and Mrs. Haraburda will be present at the meeting of August 27, 2014. Incorporated herein by reference for the Commission's review are Mr. and Mrs. Haraburdas' emails and letters, on file with the Town. Please include said correspondence in the administrative record, together with this letter and all other correspondence submitted by or on behalf of Mr. and Mrs. Haraburda. Please provide the undersigned with copies of any and all notices, agendas and staff reports associated with the application. truly yours, .oti- �- - 5 John E. Sharp If enclosure as indicated cc: clients 3 LXHIBIT iN c). ' P, 3 opt,? October 3, 2013 110 Solano Street Timeline For Vacation Renters From: Dr. Courtney Anderson [mailto:courtney.anderson@coalesce.coml Sent: Wednesday, August 21, 2013 8:57 AM To: Dan Watrous Subject: RE: 110 Solano Violation Notifications Wednesday, August 21, 2013 Home Exchange Guests in both units August 21, 2013 to August 24, 2013 Li AUG Z 1 Zuly Vacation Renters in the Upper Unit August 24'2013 to September 1, 2013 (Used the Pool) See August 24 e-mail to Anderson and August 26, 2013 answer from Anderson We have arranged a home exchange with a family and friends in both our units in exchange for their vacation home in Vermont. They are staying four days. Then on the 24`h we have vacation renters in the upper unit from the 24th -I" of Sept. Long term guests in Lower Unit August 27, 2013 to Week of September 8, 2013 (Approximate dates) In the lower unit we have a long term guest (also a friend and technology innovator) who has been transferred here with his family and who is buying a house in Belvedere, he expects to close the purchase and be able to move in near the end of September (Used Pool/Have a police report) From: Dan Watrous[mailto:dwatrous@townoftiburon.org] Sent: Wednesday, August 21, 2013 1:21 PM To: 'Dr. Courtney Anderson' Cc: 'Cathy Haraburda; 'Joseph Haraburda' Subject: RE: 110 Solano Violation Notifications Exchange Guests Notice to Anderson e-mailed July 9, 2013 Home Exchange Guests in both units August 21, 2013 to August 24, 2013 Courtney, Please reference my e-mail to you on July 9, which included the following: The Tiburon Zoning Ordinance defines "seasonal rental unit" as follows: "A dwelling unit that is rented on a repeated basis for less than 31 consecutive days, or is advertised or marketed on a repeated basis to be rented for any period less than 31 days." An exhange guest, where one party exchanges the use of their home for the use of another home, would meet this definition, as the use of the other home would be considered "rent" for purposes of this definition. I am not aware of the term "short-term guest," but if rent is accepted from a guest for a less than 31 day period, that would also meet the definition of a seasonal rental unit. .LzaHiBff l., O. p, 4 0t= 1q Therefore the home exchange guests must also comply with the requirements of your seasonal rental permit and can only occupy the upper dwelling unit only. From: Cathy Haraburda[mailto:c.haraburda@comcast.net] Sent: Wednesday, September 18, 2013 4:15 PM To: 'dwatrous@townoftiburon.org' Subject: 110 Solano Renters in Bottom Unit Importance: High September 18, 2013 Lower Unit with new Renters Dan, Today, September 18, 2013 4 adults arrived and are renting the bottom unit that is not permitted. This is clearly another violation to the passed Resolution. In the e-mail to you from Anderson on Wednesday, August 21, 2013, he said there were long-term guests in the lower unit. These people left last week. They were not here for 31 days and used the pool. Please look into this and reply as to your discovery. Cathy Haraburda Garage Unit September 27,2013- October 4 2013 Renters with upper unit staving in Garage Unit E-mailed Courtney and Watrous about the noise and violation for the use of the Garage Unit. No response. E-mails From: Cathy Haraburda [mailto:c.haraburda@comcast.net] Sent: Thursday, October 03, 2013 2:17 PM To: 'Dan Watrous' Subject: FW: 110 Solano Garage Unit Importance: High Dan, The use of the Garage Unit is not permitted and is being rented with the people in the upper unit. This is a violation. Please respond. Cathy From: Cathy Haraburda[mailto:c.haraburda@comcast.net] Sent: Tuesday, October 01, 2013 11:38 AM To: 'Dan Watrous' Subject: I10 Solano Garage Unit Importance: High Dan, The 110 Solano garage unit is being rented along with the upper unit. The garage unit is not permitted. This is aviolation. On Sat 9 /28 /2013 at 5:08 PM, Joe sent Anderson an e-mail stating: Last night, September 27, 2013, at 10: 40PM we were awakened by loud voices, laughter, and luggage rolling over the driveway. These people were coming from your upper unit and going up to the garage unit with their luggage. Do you have a long-term lease for the garage unit? You were not on the property. Anderson did not respond. Please advise Anderson and copy me. Regards, Cathy Haraburda. EX cifBIT 1%_,0- 6 r- ,.;0D oP 19( From: Dr. Courtney Anderson[mailto:courtney.anderson@coalesce.coml Sent: Monday, September 30, 2013 9:25 AM To: Dan Watrous Subject: RE: 110 Solano Renters in Bottom Unit Hi, Dan: I mentioned to the Town in an earlier email that some friends were staying with us last week and also answered Cathy's query (or one like it) last week in an email to you as well. Only our old friends have been staying in the bottom unit and they will be leaving tomorrow. Prior to that were two long term renters in a row. A third long term renter will be coming in October. We have a home exchange for both the top and bottom over the weekend, but they will not be using the pool. We have a month or more long term renter moving into the bottom unit on Oct 7 and staying at least to Nov 7 while their house is being remodeled in Belvedere. They will be using the pool. We have family (my daughter and our grandchildren) coming to stay with us in the top unit in October. All of us will be using the pool. PS: the Haraburda's turned on the pool heat when Joe was swimming on Saturday. I don't know whether they will leave it on or tum it off. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney From: Cathy Haraburda[mailto:c.haraburda@comcast.net] Sent: Saturday, September 28, 2013 5:08 PM To: 'Dr. Courtney Anderson' Cc: 'Dan Watrous'; 'Dan Watrous' Subject: 110 Solano Garage Unit Importance: High Courtney, Last night, September 27, 2013, at 10: 40PM we were awakened by loud voices, laughter, and luggage rolling over the driveway. These people were coming from your upper unit and going up to the garage unit with their luggage. Do you have a long-term lease for the garage unit? You were not on the property. Joe Haraburda +C( Upper Unit Renters Friday, October 4, 2013 to Friday, October 11, 2013 Upper Unit Renters Left. Friday, October 11, 2013 to Saturday, October 19, 2013 3:45 PM: Anderson came down driveway and 2 kids and an adult female. Are staying in the upper unit. (His daughter and 2 grand children.) Lower Unit Renters Monday, October 14, 2013 2 Elderly people Arrived and staying in lower unit. Upper Unit Renters & Garage Unit Saturday, October 19, 2013 to Friday, November 1, 2013 5:04 PM: 4 adults and 2 children arrived in the upper unit. 2 People associated with the Upper Unit Renters are staying in the Garage Unit. They are connected & know the 2 elderly people staying in the lower unit. Tuesday, October 22, 2013 @ 9:58PM: We were awakened by voices from the 2 people going up to the Garage Unit leaving from the upper unit and door slamming closed in upper unit. Wednesday, October 23, 2013 @ 10:05PM Again, we were awakened by voices from the 2 people going up to the Garage Unit. Upper Unit Renters Friday, November 1, 2013 5:15PM: 4 adults arrived in the upper unit. VRBO #247651 There have been 19532 visitors to this page since the counter was last reset in 2009. This listing was first published here in 2009. Date last modified - Wednesday, September 04, 2013 Save to my favorites 41 Owner +14152990045 Email owner Always make sure to call the number an tyre listing to connim payment details. Only pay using credit mN, PayPal, check, or direR bank tansler. Learn More advertisement P, Violation of Permit from Watrous to Anderson -----Original Message ----- From: Dan Watrous Sent: Monday, November 04, 2013 8:32 AM To: 'Dr. Courtney Anderson' Subject: RE: Tiburon Vacation Rental - VRBO 247651 - 3 BR San Francisco Bay Area Condo in CA, Luxury 3BR Pool - Golden Gate &amp; San Francisco Views Courtnet, It's not the reviews I was referring to. The listing describes 3 bedrooms with up to 8 people who can stay there. That absolutely is a violation of your permit and must be changed immediately. Dan Daniel M. Watrous Planning Manager Town of Tiburon (415) 435-7393 From: Dr. Courtney Anderson [mailto:courtney.anderson@coalesce.com] Sent: Wednesday, October 30, 2013 5:23 PM To: Dan Watrous Subject: RE: Tiburon Vacation Rental - VRBO 247651 - 3 BR San Francisco Bay Area Condo in CA, Luxury 3BR Pool - Golden Gate &amp; San Francisco Views Hi, Dan: Thank you for your email. We did not get the attachment. Please resend this along with any emails the Haraburda's have sent you about us since your last update to us. We fully comply with the Town's regulations. We do not seasonally rent the three bedrooms. The listing and pricing for the two bedroom and three bedroom are for a month stay and that is the only way we understand we are allowed to rent it. From Website: $210-345 per night US Dollars Prices are for 2 bedroom or 3 bedroom unit 2 bedroom $210-270.00 per night depending on the dates for month stay 3 bedroom $315.00 to $345.00 per night depending on dates for month stay Cleaning fee $125 2bdrm, $195.00 3bdrm Special events have different rates - email for information If potential renters ask us for a shorter period of time, their only choice is to switch to the permitted two bedroom and only if they have four adults or less (which is often the case). We have documentation that shows our response to those wishing to rent the three bedroom for less than 31 days. It shows we only offer the permitted two bedroom if they have four adults or less and their stay is less than 31 days. If they have more than four adults, then we just tell them the three bedroom is only available for 31+ day rentals. That is why it has not been seasonally rented since April when the Haraburda's started this. Occasionally we have a Home Exchange for three bedrooms as we have right now, but this is very rare. In this case we tell them they can't use the pool or driveway, which is sad when they have children. Similarly we have an.ad for the four bedroom, to find renters who want to stay 31 days or more. Also in this case the rent is based on a month period, not a nightly period. For shorter stays we tell them to look elsewhere. Rarely, we might have a home exchange for the four bedrooms, again with the pool and driveway restriction. Fortunately we continue to have long term renters (>31 days) and occasional family or friends. Long term renters are generally retirees who spend a month or more, people moving to Tiburon and needing an interim place to stay, executives who are coming to work in San Francisco for a month or more and local people who are building a house or remodeling. The pool has been offline all summer even though we, family, friends and long term rentals are entitled to swim. The Haraburda's have kept the pool too cold to swim all summer. Let me know if you need any documentation or would like me to keep you apprised of future guests. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Or Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com http://www.linkedin.com/in/coalescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that conquer scientific barriers and speed the creation of better medicines, diagnostics and materials. -----Original Message ----- From: Dan Watrous[mailto:dwatrous@townoftiburon.org] Sent: Wednesday, October 30, 2013 4:34 PM To: 'Dr. Courtney Anderson'; 'Courtney Anderson' Subject: FW: Tiburon Vacation Rental - VRBO 247651 - 3 BR San Francisco Bay Area Condo in CA, Luxury 3BR Pool - Golden Gate &amp; San Francisco Views Importance: High Dear Courtney, I have received the attached e-mail from Cathy Haraburda. The link below for a seasonal rental describes a 3 bedroom unit for up to 8 guests. As you are aware, you are only allowed to rent a 2 bedroom unit for a maximum of 4 adult guests. Please respond to me and modify your seasonal rental website to comply with your permit. Sincerely, Dan Watrous Daniel M. Watrous Planning Manager Town of Tiburon (415) 435-7393 -----Original Message ----- From: Cathy Haraburda [mailto:c.haraburda@comcast.net] Sent: Wednesday, October 30, 2013 4:12 PM To: Dan Watrous; Dan Watrous Subject: Tiburon Vacation Rental - VRBO 247651 - 3 BR San Francisco Bay Area Condo in CA, Luxury 3BR Pool - Golden Gate &amp; San Francisco Views Importance: High Dan, The Andersons are advertising their entire property on the link below. This link shows the bottom unit and the garage unit studio for rent. Currently their entire property is rented and the Andersons are not on site. The upper permitted unit has 6 people. They have 2 elderly people from the upper unit staying over the garage unit that has no permit. Every night after 1OPM, the noises from the people leaving the upper unit to go to the garage unit, have awakened us by their loud voices and leaving on lights. The bottom unit is rented to 2 elderly people who sit outside on the patio, under our kitchen window, talking in loud voices. You have not answered my 2 previous e-mails, earlier this month requesting your response. Please respond ASAP. Cathy Haraburda http://www.vrbo.com/247651#reviews �o oFIce May 10, 2014 At 5:23 P.M. Courtney Anderson drove his vacation renters car, with renter in the car down the driveway and renter unloaded their luggage for 110 Upper unit. 110 Solano Street Timeline For Vacation Renters Saturday, May 10, 2014 At 5:23 P.M: Courtney Anderson drove his vacation renter's car (BMW), with renter in the car passenger seat down the driveway and renter unloaded their luggage for 110 Upper unit. I e-mailed Anderson telling him this was a violation for the permit and he responded: • "They are long term renters, not vacation renters so they will be using the driveway and pool. Please respect their privacy. I have asked that they do not use the driveway before 6 am or after 9 pm." Sent from my Verizon Wireless 4G LTE smartphone Sunday, May 11, 2014 At 8:22 P.M: His renters drove down the driveway, (BMW), unloaded their grocers, talking loud and slamming their car doors. Tuesday, May 13, 2014 At 12:50 P.M: Renters at 110 Solano, in upper unit A, drove down the driveway in their BMW, unloaded their groceries & several shopping bags. Sunday, May 18, 2014 At 11:34 A.M: The 110 Solano Street renters drove down the driveway and loaded all their luggage into their BMW from the Upper Unit A and departed at 11:47 A.M. Sunday, May 18, 2014 Notes: • At 12:43 P.M. Courtney drove their green pick-up truck with a mattress and 2 box springs and parked in front of the upper unit A. They entered the upper unit and took the mattress and 2 box springs inside. They removed another bed and placed it into their truck with a wooden headboard. Tuesday, June 10, 2014 At 10:46 A.M: 110A Solano Renters left that had arrived on Saturday, May 10, 2014 Thursday, June 12, 2014 New renters arrived @ 12:09PM for 110 A unit. -- — —:-, Page 1 of 3 11 AUG 2 1 LU 14 PLA;`! IRNG Reservations : 415-299-0044 415-299-0045 HOME I TOP UNIT I BOTTOM UNIT I STUDIO I CARMEL HIGHLANDS I AMERICA TIBURON TOP UNIT Description 11 Amenities 11 Rates 11 Gallery 11 L PROPERTY TYPE 2 Bedroom 1 Bath ,�- Sleeps4-6 LOCATION TYPE Amenities: http://tiburonvacations.com/Studio/amenities.html 2 a -18/9/2014 Description 11 Amenities 11 Rates 11 Gallery 11 L PROPERTY TYPE a Accepts credit card e Large Deluxe studio / with amazing ocean and garden views LOCATION TYPE a Ocean a city views • East bay views o Garden views = Angel Island views • 5 minute walk to e Mountain views THEME o Adventure o Relaxation Y Quietbut5minul GENERAL a Hair dryer a Towels • Slippers o Curling a Kleenex a Pool towels http://tiburonvacations.com/Studio/amenities.html 2 a -18/9/2014 Rates : No rental rates available - please contact the owner Additional information about rental rates $ 375/nt. 2 bd - $ 425/nt 3 bd (2 bd. +Studio with full bath and more) This is a two option property; Some pricing may vary with upcoming events Lower 2 bdr. $ 375, Upper $ 425, Cleaning $125 Fully refundable deposit (if no damage to property is found) We realize how important a vacation is for your family. My husband and I have taken a lot of time to make our pr, can be, paying special attention to details, listen to our guests needs and followed through to the best of our al questions, or comments, please feel free to contact us. a This property is unique and extremely well kept. Our goal for our guests is to make your experience here in Tiburon, 'The best it can beP Copyright © 2614, www.tiburonvacations.com, n9E Rights Reserved. �? 13 6T-- LL htto://tiburoilvacations.com/toD unittrates.htmi 8/5/201 / '� �' _ fit � • 6 46s.s W9' mo. - o4i • Soap • Conditioner • Shampoo • Toilet paper KITCHEN • Convection oven • Stove top burners • Coffee maker • Coffee • Tea • Toaster LIVING ROOM • fireplace 1 acc t ui J • Q tips • flip flops • Lotion • Quality Linens pn • Iron and board • Wash/dryer • Robs • Binoculars • Spices • Spices • Small freezer • Microwave • Gas grill • Pots and pans • Cooking utensils • Wine opener • Refrigerator mini size • Wine decanter • Blender BATHROOMS o Shower • Flat iron • Conditioner lotial • Jacuzzi tub/heated • Robs • Q tips • Blow dryer • Slippers • Cotton • Curling iron • Shampoo • Towels provided ENTERTAINMENT • Bikes • Cable • Surfing • CDS • Internet • Relaxing (reading • Music library • Books FlatscreenTV • Magazines Museum • Stereo system • DVD/ with a library of over 500 movies INTERNET ACCESS PARKING SWIMMING POOL SUITABILITY • Wireless broadband • Cable • Plenty of on street parking • Utensils • Pool basket ball hoop • Dart board game • Portyfood cart • Extra chairs • Outdoor pool • Non smoking only • Some off street parking (covered) • Kitchen sink • Gas grill • Restroom • Communal/pool (shared by two homes) • Heated from May 1 to October 31st • No pets LOCALACTIVITIES • Walking • Swimming • Wine tasting • Hiking cycling • Tennis • Sightseeing • Biking • Sailing • Bird watching • Mountain biking golfing • Fishing • Kayaking • Horseback riding • Wind -surfing • Surfing • Roller bloding • Hot air ballooning • Relaxing (reading • Touring , LOCAL ATTRACTIONS • Cinema • Theater Museum • Health club • Grocery stores • Ponds httD://tiburonvacations.com/Studio/amenities.htmI 8/9/2014 • Shopping • Playgrounds • Recreation center • Parks • Marina • Yacht clubs LEISURE ACTIVITIES • Jet skiing • Bird watching Pier fishing IN THE AREA • Mountain climbing • Deep-sea fishing • Kayaking • Paddle boating • Hiking • Surfing • Rafting • Live theater • Sightseeing • Outlet shopping NEARBY ATTRACTIONS . 15 restaurants • Marinas Library • Ferry • Shops . Grocerystores • Movie theater • Museum • Muir woods • Scenic drives • Winery tours • Wine country • Botanical gardens • Wine tasting • Zoo • Yacht clubs • Bike rentals • Laundromat Copyright © 2014, www.tiburonvacations.com, All Rights Reserved. http://tiburonvacations.com/Studio/amenities.html 8/9/2014 14b'1 1 V16 Reservations : 415-299-0044 415-299-0045 — 4'ER, M HOME STOP UNIT IBOTTOM UNIT 1STUDIO I CARMEL HIGHLANDS I AMERICA'S CUP ITOWN OFTIBURON Amenities: TIBURON TOP UNIT 2Baeraom 1 Bath Sleeps 4-5 L Description Amenities Rates 11 Gallery Location JI Availability FORMS OF PAYMENT • accepts Credit cord LOCATIONTYPE near the sea a city centre THEME a luxury GENERAL • shampoo a soup • local mops • toilet poper • paper towels • towels provided • hairdryer • loundrysoap KITCHEN lobsterpot • oven • grill • coffee maker • ice maker • fridge • dish washer • freezer toaster • washing machine • stove top burners BATHROOMS • 1 Bathroom • Bathroom 1 -Toilet, Shower Enclosure • Bathroom hos water views, remodeled BEDROOMS • 2 Bedrooms, Sleeps 6 • Bedroom 1-1 Large Double Bed • Bedroom 2 -1 Large Double Bed ENTERTAINMENT • satellite or cable • DVD INTERNETACCESS • internetaccess • clothes dryer • blender • coffee grinder • microwave • spices N .1 http://www.tiburonvacations-com/top_*t/amenities.htm] 8/9/2014 LOCAL SERVICES& • groceries • ATM/bank BUSINESSES . fitness centre - hospital • medical services • massage therapist • laundrette- serviced SPORTS &ADVENTURE. mountain climbing • waterskiing ACTIVITIES • fishing • hiking • tennis = cycling • surfing ^ golf deepseo fishing • mountain biking • pierfishing a swimming • sailing ^ roller bloding • wind-surfing Copyright® 2014, www.tlbprunvacations:oom, All Rights Reserve& Powered by V R Experts http://www.tiburonvacations.com/top uniYamenities_html 8/9/2014 Reservations: 415-299-0044 - 415-299-0045` ' HOME I TOP UNIT I BOTTOM UNIT I STUDIO I CARMEL HIGHLANDS I AMERICA'5 CUP I TOWN OFTIBURON TIBURON TOP UNIT 2B:& rn Steeps 4-6 i vim I Tiburon Top Unit: Description 11 Amenities 11 Rates 11 Gallery 11 Location 11 Availability Views, Views, and more Viewsl Our unit has panoramic windows far which you can enjoy world class views of the Golden Gate Bridge, parts of San Francisco, and Angel !stand. Listen to the waves crashing on the shore, while watching the many sailboats, power boots, cruise ship, freighters, and much more, as they ore passing in front of you. The amazing 5 minutes walk to downtown Tiburon, where you can catch the ferry to Son Francisco, Sausalito, Angel Island, Or just stay in town and shop, dine, wine tasting, see o movie, orjust have o cup ql coffee and watch the many ferries and sailboats coming in and out of the Yacht clubs. Tiburon is home to 2 exclusive yacht clubs, Corinthian Yacht Club, and The San Francisco Yacht Club. There are sailboat races every Friday, Saturday and most 5undoys. In town there is a beautiful Library, with two fireplaces. Curl up or bring a book bock, and watch the many sailboats and listen to the waves from the panoramic windows. You won't want to leave! .'iL.e_>.!. —'l:, _ may..['. _t xr..`tj C".t 91r..e yTJ f 4. _.ter ..-.is.-. Copyright ® 2014, wwwAlburonvacations.com, All Rights Reserved. Powered by v R experts http://www.tiburonvacations.com/top unit/description.html ILV Rag,g111a11ti IFreltaS LLP Christopher A. Skelton cskelton@rflawllp.com February 10, 2015 Via E-mail Only (adanforth@cUiburon.co.us) Tiburon Town Council Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 9d Wig FEB 10 2015 PLANNING DIVISION Attorneys at Law 1101 Fifth Ave, Suite 100 San Rafael, CA 94901 telephone 415.453.9433 facsimile 415.453.8269 www.rflawllp.com Re: Supplement to Appeal of Seasonal Rental Unit Permit for 110 Solano Street; SRU 2013-01 Dear Tiburon Town Council: Our office represents Joe and Cathy Haraburda, owners and residents of 120 Solano Street ("Haraburda Property"). This letter is regarding the appeal of the Seasonal Rental Unit Permit ("Permit") for 110 Solano Street ("Anderson Property"). The basis for this appeal is two -fold: (1) the Planning Commissions decision to uphold the permit is inconsistent with the Tiburon Town Code; and (2) the decision was not supported by the evidence. We respectfully request that the Council: (1) uphold this appeal; (2) impose appropriate consequences for violating the Permit; and (3) if the Council determines that the Anderson Property should somehow continue to receive the benefit of a Permit at the expense of the Haraburdas' quiet use and enjoyment of their home, that additional conditions of approval be implemented for any future Permit to provide clarity and certainty for the owners and surrounding neighbors regarding continued operation of the quasi -commercial enterprise. EXECUTIVE SUMMARY 1. The Anderson Property is not well-suited for a Seasonal Rental Unit Permit. 2. The conditions of approval for the permit have been routinely violated without recourse. 3. If a Permit is allowed in the future, additional conditions are necessary to preserve the privacy, security, and use and enjoyment of neighboring properties. S1XHIBiT NO. { 0 P RagghiantilFre,.iaS LLP February 10, 2015 Page 2 of 6 Suitability of a Permit for the Anderson Property The Seasonal Rental Unit Ordinance was passed in 2010 in -part to allow the Town to capture lost tax revenue from unregulated short-term rentals, but also in -part to enable the Town ensure appropriate locations for short-term rentals. The configuration of 110 Solano Street is not an appropriate location to support a Permit. The common interest development containing the Anderson Property, Haraburda Property, and 2200 Paradise Drive is ripe with challenges. As previous staff reports identify, the properties combine to make up three duplexes (6 dwelling units), a common driveway, a shared garage, an additional dwelling unit above a garage, and a shared pool arrangement, among other site improvements. At the center of this site strategy, both literally and figuratively, are the pool along with the Haraburdas' residence. The pool is owned by the Haraburdas and a maintenance agreement is in place to facilitate reciprocal easements for access and use. The limited setbacks between the structures as well as physical orientation of the buildings further contribute to an unusually sensitive living arrangement. The conversion of the Anderson Property to a quasi -bed and breakfast disrupts the peaceful use and enjoyment of the Haraburda Property. In particular, the mentality of short-term renters is more entitled with less responsibility than longer-term tenants because they are only around for short periods of time without having to face the consequences of their actions. In this case, seasonal renters have been engaging in disturbing behavior and disregard complaints as temporary inconvenience for the Haraburdas. The reality is with such significant turnover of patrons, one-time issues for short-term visitors are compounded in continuous disruptions for neighboring residents. The volume of renters is problematic from a safety perspective as well. The Haraburdas rarely recognize people entering, occupying, or enjoying their own property (common driveway and swimming pool). It is unclear whether the people are the Andersons' friends, house exchange guests, long-term tenants of at least 31 days, seasonal renters, or even trespassers. There has been occasion when pool users entered the Haraburdas lower unit by mistake (see Exhibit A). The complex arrangement between the �at3i4iY i 1�� �. l U e, Z0C-36 Ragghianti (Freitas LLP February 10, 2015 Page 3 of 6 Haraburda Property and Anderson Property make this a less than ideal location for a Seasonal Rental Unit Permit. Violations of the Permit On August 27, 2014, the Planning Commission found that the Andersons did not violate the conditions of approval for their Permit. John Sharp's original Appeal letter of August 20, 2014 (Exhibit B) identifies various ways that the Permit failed to comply with both the Code requirements and the conditions of approval. A variety of violations are readily identifiable in the voluminous administrative record. However, the theme of the violations is clear: attempts to circumvent the rules on technicalities (Exhibit C). Repeatedly, the Andersons have framed their guests as "home -exchanges;' "house - sitters," "friends," and other creative labels to avoid implicating the seasonal rental restrictions. On August 12, 2013, the Andersons notified Dan that a friend, who is handicapped, and her family, were housesitting. It is very uncommon for an entire family to housesit. Furthermore, the woman was staying in the unit above the garage and utilizing the driveway - both violations of the Permit. Considering the Andersons are engaged in a commercial enterprise of renting space to short-term and long-term guests, it is surprising to see how often "friends," like this housesitter and her family, stay at the property. In an email on August 21, 2013, Dan Watrous clearly explained to the Andersons that "home exchanges" are captured within the meaning of a seasonal renter. The Andersons identify in an email on September 30, 2013 that past home exchanges occurred and more were planned for the future that violated the conditions of approval restricting the Permit to the upper unit only. On November 4, 2013, Dan Watrous emailed the Andersons identifying that their online advertisement listing that identified 3 bedrooms with up to S people was absolutely a violation of the conditions of approval that limit the Permit to the 2-bedrrom upper unit and no more than 4 adults.' The manner in which the property is advertised as 2 bedroom unit, 3 bedroom unit, or entire property, with corresponding nightly rates, 1 This email was not included in the materials for the August 27, 2014 Planning Commission review of the permit. �� 3oF3t) ►F Ragghianti I Freitas LLP February 10, 2015 Page 4 of 6 appears to indicate a level of flexibility in the rental arrangements. Despite repeated warnings to this effect, the Andersons continue to advertise in violation of the conditions of approval showing full property rental for nightly and weekly rates with a minimum of 4 -night stay (Exhibit D). This appearance of impropriety is against the spirit of the Permit and bends, if not breaks, the rules. Lastly, it appears on the face of the advertisements that the Andersons are violating the transient occupancy tax (TOT) provisions by holding out that the tax will be assumed by the operator (i.e. the Andersons). This apparent violation is most clearly evidenced by comparing the Code section with example of rates from advertisements (Exhibit E). Furthermore, there is concern that the Town has not adequately received the tax benefit from the Permit based on how guests have been characterized (housesitters, home exchanges, etc.), while the Haraburdas have definitely received the burden of the operation. For the above reasons, in addition to those articulated in John Sharp's letter of August 20, 2014, we believe the findings made by the Planning Commission was not supported by the evidence. Future Permit Conditions We believe this Permit must be revoked under the terms of the Code. However, in the event that the Council denies the appeal, temporarily suspends the Permit, or if the permit is Revoked and later reapplied for, we believe that these particular circumstances warrant clarification and additional conditions of approval to preserve the quiet use and enjoyment of the neighboring properties. We respectfully request that you consider the following: 1. Reinstate either a 6 -month or 12 -month review period for this Permit. With the understanding that a review takes staff time, it is an important tool in motivating the Andersons to comply with both the spirit and letter of the conditions of approval. Also, it should prevent a situation from escalating to the level it has in the past because it creates a forum for further refining the Permit to the particular property. 2. Require the Andersons provide 24-hour advance written notice of new tenants to neighboring property owners within 300 feet of the Anderson Property, or at the Ragghianti jFreitas I I P February 10, 2015 Page 5 of 6 very least to the Haraburdas. Part of the controversy with the existing permit is not knowing who is on and around the Haraburda Property. If the neighbors knew that the 'Smith family' was renting for the weekend, then it would substantially alleviate some of the security and communication issues. 3. Require staff level pre -approval of advertisement material. Specifically, the Seasonal Rental Unit Permit should be limited to 4 adults (16 years old and up), but capable of sleeping up to 6 people (4 adults and 2 children). Since parking is a concern raised in the Seasonal Rental Ordinance and Home Occupation Ordinance, it makes sense to include anyone capable of driving within the meaning of adult to limit the potential vehicles coming and going from the property. 4. The Andersons must be able to demonstrate that they meet the current parking requirements for the property, including a Seasonal Rental Unit Permit, prior to welcoming short-term renters. Upon a site visit on February 3, it appeared that the lower garage spaces were used for storage since the doors were locked and a debris barricade was in front of the doors making it practically impossible to access the parking spaces. It is counterproductive to allow the Andersons the benefit of a Permit without demonstrating that they can accommodate parking for the existing and proposed uses. 5. Continue application of the prior 8 conditions of approval from the original Permit granted by the Planning Commission on July 26, 2013, of particular importance being no short-term renters utilizing the shared driveway or pool area. In conclusion, the Anderson Property is not well suited for a Seasonal Rental Unit Permit based on the physical challenges presented. The Andersons have repeatedly violated the Permit in 2013 to present. An unwillingness to have repercussions for violations undercuts the legislative intent of the 2010 ordinance, which sought to regulate where and how seasonal rentals were operating. If the Council recognizes that the Andersons should have a second opportunity to make this arrangement work, we ask that additional conditions of approval be applied to any future permit as identified above. Ohl �sJ1 i' G. � C� P, 9 of 3 0 rF Ragghianti (Freitas LLP February 10, 2015 Page 6 of 6 Thank you for your consideration of this matter. CC: Joe and Cathy Haraburda Very Truly Yours, 61l11 S1111— Chris Skelton P. (:7 cF30 Exhibit A (i Page — 120 Solano Tenant Letter) Q, -7 DP 30 Tiburon Planning Commission Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Re: FILE #SRU2013-01 To: Tiburon Planning Commission As residents of 120 Solano Street (Unit B) we consider it in our interest to share the effects that the short-term rental activities at 110 Solano Street have had on our day-to-day lives for the past three years. In general, we find this activity to have a material and negative effect on our daily lives by encroaching upon our ability to utilize shared grounds, creating an environment that cultivates disturbances, and raising security issues, all while diminishing the value of our renters equity. Specifically, these activities affect us in the following ways: • Raising safety and security issues. The constant comings and goings of tens -to -hundreds of people each year create a security concern. We have no assurances that the property is being rented to individuals we should feel safe sharing a close space with. Furthermore, having access to the pool gives the renter direct access to our porch and entry way and on two occasions this has presented an issue. In one instance, a group of children were running and playing on our porch and in our entry way, while another instance a woman entered our home thinking it was 110 Solano. We found her in our living room and asked her to leave which she did promptly. We are fortunate that these were innocent mistakes that passed without further incident; however, these instances raise serious security concerns for those of us sharing this space. • Encroaches on our ability to fully utilize the shared grounds, specifically the pool. The rental unit(s) residents constantly dominate the shared space both in numbers and volume. There have been very few occasions over this period that the property has been rented on a short-term basis where we have been able to peacefully enjoy the pool and surrounding gardens. In addition, the groups at the pool are often large in numbers and are loud. It is common that the noise is a nuisance, and on multiple occasions we have had to request the groups to quiet down. • Consistent disturbances from groups coming and going from the property. There is a point of entry from the driveway that is directly below our bedroom window. On numerous occasions we have endured the raucous sounds of large groups of people moving in or out of the property at odd hours. • Nightly disturbances have become an issue on a consistent basis. It is the norm that the renters of the property are keeping hours more aligned with a vacation lifestyle. Because of this, nightly disturbances are common and on several occasions we have had to request that parties be quiet and/or move inside. • Parking congestion. There have been several instances where the rental groups and their guests have been large enough to contribute to parking congestion on Solano Street. In closing, we appreciate your consideration of these issues in your review as to how this property should be designated. While weighing the issues we respectfully request that you consider the material and adverse effects this rental activity has on the lives of the residents who share these grounds and call Tiburon home. Sincerely, Scott Carlson & Jennyfer Diani Residents of 120 Solano Street, Unit B LXHIBIT i_-0. l F, 2) OF3 u Exhibit B (3 Pages — John Sharp Appeal Letter) Law Offices of JOHN E. SHARP 24 Professional Center Parkway, Suite 100 San Rafael, CA 94903 John E. Sharp Telephone: (415) 479-1645 iohnaa iohnsharplaw.com Facsimile: (415) 479-2646 August 20, 2014 Chairman Jon Weiner and Members of the Planning Commission C/O Dan Watrous 1505 Tiburon Blvd. Tiburon, CA 94920 Re: 110 Solano St. --Application for Seasonal Rental Unit Permit Review: hearing date -- August 27, 2014 Dear Chairman Weiner and members of the Commission: I am writing on behalf of Joe and Cathy Haraburda, the owners and occupants of 120 Solano St., immediately adjacent to the property of Courtney and Sandy Anderson, applicants for a Seasonal Rental Unit Permit, ('the Application"). For reasons set forth below, Mr. and Mrs. Haraburda oppose the Application. The conditions of approval imposed in SRU2013-01, ("the SRUP"), and Resolution 2013-07, allowing operation of a Seasonal Rental Unit have not been met, nor can the required findings for continued approval be sustained. Overview: In the approximately one year period of time following conditional approval of the SRUP, many emails and other correspondence have an exchanged between the Andersons and the Haraburdas. Reference is made to an email dated July 14, 2014 from Courtney Anderson to Dan Watrous. While we see no benefit to prolonging or responding to the character assassination set forth in that correspondence (and other communications from Mr. Anderson) Mr. and Mrs. Haraburda unequivocally deny references in Mr. Anderson's correspondence to "personal attack", "intimidation" or other flights of fancy as set forth in Mr. Anderson's email. Any contact between Mr. and Mrs. Haraburda and any party entering their property (including the parking easement and pool shared by the parties) has been in specific response to concerns regarding late-night entries to, or trespasses upon, the property of the Haraburdas. Mr. Anderson has chosen to characterize these trespasses as some means of intimidation when, in fact, Mr. and Mrs.Haraburda only seek to maintain the quiet use and enjoyment of their own property. The self-serving hearsay from so-called tenants (with whom Mr. Anderson obviously shares a contractual relationship) should be viewed with skepticism. Applicable Ordinances: Rather than engage in character assassination as set forth in Mr. Anderson's emails, Mr. and Mrs. Haraburda rely upon applicable law including, without limitation, sections 16-40.010 et seq. of the Tiburon Municipal Code (TMC). In particular, section 16 — 40.040, specific to t P to 6P.30 Seasonal rental units, in addition to requiring a home occupation permit (TMC 16-52.110) provides, at subsections 4 and 5, that: "The use of outdoor yard areas, open decks, pools and the like shall not result in the production of excessive off-site noise, odor and other external disturbances. Said determination to be based on the judgment of the director...." "In no event shall the honor of the seasonal rental unit or their agent rent an individual room in the seasonal rental unit to a person, family, or other group of persons". Contrary to these requirements, the Andersons have repeatedly and consistently allowed individual rooms and portions of their home and garage unit to be used, on an itinerant basis, and for short periods of time (less than 31 days) for occupancy by large groups of people who have, among other things, held parties in the property, blocked Mr. and Mrs. Haraburdas' parking and access, generated noise late at night under Mr. and Mrs. Haraburdas' bedroom window all in violation of both the spirit and the letter of the seasonal rental unit permit and the Town's underlying ordinances. These violations have been documented by Mr. and Mrs. Haraburda, said documentation having been characterized by Mr. Anderson as some form of harassment. Every attempt by Mr. and Mrs. Haraburda to resolve these matters informally with Mr. and Mrs. Anderson has been met with denial and hostility, resulting in Mr. and Mrs. Haraburda having no recourse but to contact Town officials. Conditions of Approval and Related Violations: On May 6, 2013, Mr. Watrous, Planning Manager, wrote to Mr. Mrs. Anderson, specifically setting forth conditions of approval of the SRUP. Those conditions included that the permit is for the upper dwelling unit at 110 Solano St. only; occupancy of the seasonal rental unit is limited to no more than four adult guests at one time; the seasonal rental unit shall not be rented out for large parties or special events; and that the Town reserves the right to amend or revoke the SRUP for cause, in accordance with adopted regulations of the Town. Additionally, parking is to be provided, and the driveway is not to be used by the Andersons' visitors. As demonstrated herein, all these conditions have been repeatedly violated. Each of the above stated conditions has been violated prior to and during the period since granting of the SRUP. Evidence of those violations is not repeated here, inasmuch as Mr, and Mrs. Haraburda have documented said violations to the Town. For the Commission's convenience, attached hereto as Attachment A, and incorporated herein by reference, is a timeline, dated October 3, 2013, which documents the pattern of violations of the SRUP, and underlying ordinances. Most troublesome to Mr. and Mrs. Haraburda is the fact that the Anderson's have moved their dwelling to the small unit above their garage and have allowed short-term occupancy by more than four adult guests in not only the lower dwelling unit, but the entire main house and surrounding environment, including the pool. The lower garage has been converted to p [t 6r2o storage, in violation of the SRUP. The lower and upper units occupied by strangers have been used for large parties and special events, and, contrary to the admonition in Mr. Watrous's letter that "the use must remain in compliance with these requirements continuously", the Anderson's persist in exchanging their property with owners of properties in other locations, in order to subsidize their own travel, as well as, by Mr. and Mrs. Haraburdas' own direct observation, renting out the lower unit. Although the Anderson's currently live in the garage unit, they've also rented that unit to exchange tenants. Attached hereto as Attachment B, and incorporated herein by reference, is a copy of the website for rental of the Property, advertising rates for the upper and lower units, with facilities for 4-6 guests, clearly in direct violation of the SRUP. Finally, resolution number 2013 — 07 provides that shared use of the pool by tenants of Mr. and Mrs. Anderson would not be consistent with section 16-40.040 (four). Contrary to this finding, shared use of the pool area has consistently occurred. Similarly, the private driveway behind the residences at 110 and 120 Solana St. has been used on repeated occasions. Conclusion: Mr. and Mrs. Anderson have consistently and repeatedly violated virtually every condition of approval of their SRUP. In so doing, they have operated their property as a business, which is entirely inconsistent with the values sought to be preserved in the Town's ordinances. These abuses can only be stopped by revocation of the SRUP, and Mr. and Mrs. Haraburda respectfully request that said action be taken by the Planning Commission. Mr. and Mrs. Haraburda will be present at the meeting of August 27, 2014. Incorporated herein by reference for the Commission's review are Mr. and Mrs. Haraburdas' emails and letters, on file with the Town. Please include said correspondence in the administrative record, together with this letter and all other correspondence submitted by or on behalf of Mr. and Mrs. Haraburda. Please provide the undersigned with copies of any and all notices, agendas and staff reports associated with the application. truly yours, John E. Sharp enclosure as indicated cc: clients P� (2-0 3L) Exhibit C (7 Pages — Email Correspondence) Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Monday, August 12, 2013 8:56 AM To: Dan Watrous Cc: sanderscn@coalesce.com Subject: Haraburda's Hi, Dan: Good morning. I hope you had a great weekend. Here is a heads up. I drove a friend who will be our housesitter while we are gone this week to the upper driveway to drop off their luggage to the upper apartment because they are handicapped. I dropped off their luggage and I parked her car before 10 PM. Joe Haraburda accosted us on the driveway and told us we could not use the driveway and then called me twice and left threatening messages on my voicemail. Since she is handicapped, I plan to have her take my space next to the upper doorway so she does not have to try to negotiate the spiral staircase or the driveway to get to her unit. I will have her use her handicapped sticker. Since she and some of her family are my housesitters, there is no reason that the Haraburda's can forbid them to use the driveway or my parking place next to the door. BTW, the Haraburda's put a new tock on the pool equipment door (we should have access per the maintenance agreement) and have keep the heat turned off since July 3, almost 6 weeks, so our family, friends, guests and long term renters cannot swim in it. I have not seen their renters for a long time so they are obviously gone or on extended vacation. The Haraburda's previously agreed to keep the heat on to 84 degrees (it is now 70) in return from my electricity and water. Further this week, I have a home exchange coming in for the lower level and after that a long term (>31 days renter) who is settling on a house in Belvedere. I apologize for the trouble all this is causing the Town. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com htto'//www Iinkedin com/in/coalescecommunity Direct (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 EXHIBIT N0. ?— ol= tL2- -_�� I�i5F3d Dan Watrous From: Dr. Courtney Anderson[courtney.anderson@coalesce.com] Sent: Wednesday, August 21, 2013 1:35 PM To: Dan Watrous Cc: sanderson@coalesce.com Subject: RE: 110 Solano Violation Notifications Hi, Dan: I have been doing home exchanges for some time and we exchange homes with the same people frequently over several years. Therefore, I don't understand where home exchanges comes under the Seasonal Rental Ordinances, but I will have the relevant Ordinances reviewed by an attorney who is more familiar with Tiburon's ordinances with your better understanding in mind. Thank you. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Better Medicines" www.coalesce.com htto'llwww linkedin comlinlcoaiescecommunity Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 Coalesce works interactively with scientific communities, government agencies, technology developers and investment groups to seek out and implement emerging technologies that conquer scientific barriers and speed the creation of better medicines, diagnostics and materials. From: Dan Watrous[mailto:dwatrous@townofdburon.org] Sent: Wednesday, August 21, 2013 1:21 PM To -,'Dr. Courtney Anderson' Cc: 'Cathy Haraburda'; 'Joseph Haraburda' Subject: RE: 110 Solano Violation Notifications Courtney, Thanks for the update. Please reference my a -mail to you on July 9, which included the following: The Tiburon Zoning Ordinance defines "seasonal rental unit' as follows: "A dwelling unit that is rented on a repeated basis for less than 31 consecutive days, or is advertised or marketed on a repeated basis to be rented for any period less than 31 days." T j LIiBIT N0. 1 f'� 1S o�3d An exhange guest, where one party exchanges the use of their home for the use of another home, would meet this definition, as the use of the other home would be considered "rent" for purposes of this definition. 1 am not aware of the term "short-term guest," but if rent is accepted from a guest for a less than 31 day period, that would also meet the definition of a seasonal rental unit. Therefore the home exchange guests must also comply with the requirements of your seasonal rental permit and can only occupy the upper dwelling unit only. Please let me know if you have any questions. Sincerely, Dan Watrous Daniel M. Watrous Planning Manager Town of Tiburon (415) 435-7393 From: Dr. Courtney Anderson fmailto•oourtnev andersonralcoalesce.com] Sent: Wednesday, August 21, 2013 8:57 AM To: Dan Watrous Subject: RE: 110 Solano Violation Notifications Hi, Dan: Sorry I did not reply earlier, we have been on vacation while our house sitters watched the house and were harassed repeatedly by the Haraburda's their entire stay. They were really intimidated and will write letters confirming the constant abuse. It was very disturbing for them. I have penned my explanations below for Cathy's erroneous claims. Also here are details on some future events in case you are further bothered by the Haraburda's. We have arranged a home exchange with a family and friends in both our units in exchange for their vacation . home in Vermont. They are staying four days. Although they have kids, I have instructed them to stay out of the pool or be harassed. This was quite a disappointment, but the water is too cold to swim anyway. Then on the 24th we have vacation renters in the upper unit from the 20-1 si of Sept. In the lower unit we have a long term guest (also a friend and technology innovator) who has been transferred here with his family and who is buying a house in Belvedere, he expects to close the purchase and be able to move in near the end of September. I will keep you posted in advance of any significant events that the Haraburda's would like to claim are violations of our rental permit. Our Best Wishes that you have an Outstanding 2013 z EXHIBIT N0. `{ _ E �_I_illil r I b c bF (lZ Dan Watrous From: Dr. Courtney Anderson [courtney.anderson@coalesce.com] Sent: Thursday, September 26, 2013 6:44 AM To: Dan Watrous Cc: sanderson@coalesce.com Subject: RE: 110 Solano Renters in Bottom Unit Hi, Dan: Thank you for explaining to the Haraburda's once again. We have told them multiple times that we will NOT ALLOW seasonal renters in the pool or on the driveway as per our permit. Since this restriction was applied to our permit, NO Seasonal Renters have been allowed to use the pool. Anyone we allow in the pool (although the Haraburda's have rendered the pool too cold to swim, unkept and uncleaned) will be ourselves, family, friends and long term renters, to wit: 1. Steffen and Manuela Zipperling and their children from June 30 -Aug 3. They and their children were intimated frequently by the Haraburda's, as described in an email from Manuela that I forwarded to you. 2. Paul and Melissa Steinberg from August 14 -Sept 22. They were planning to stay longer to remodel their kitchen, but after Joe scared the children and their friends, had them interrogated by the police, and Cathy yelled profanity at them from her window whenever they walked on our property, they decided to move into their new Belvedere house earlier, live with the outmoded kitchen and remodel in a year or so. Paul is on the road for two weeks but is writing the Town a letter describing the Haraburda's abusive treatment of him and his family. 3. Beverly Savitt is moving in .Oct 7 and staying for a month or more (I have her leaving Nov 7th on her contract) to remodel her Belvedere home. She is elderly so Sandy will be helping her. I have copies of all these long term contracts if the Town would like to see them. Other than that we understand that we cannot rent the other properties without a permit for less than 31 days. We had our family stay from the I e and 191h in the lower unit before we moved them to the upper unit when our seasonal renters left. We have friends in the lower unit, a Marin attorney we met years ago that moved to Australia. They will be here to October 1st. We have been staying in the upper unit since our family left. We have a house exchange from the 27th to the Oct 4th for six people staying in the upper unit and the studio. We have instructed them NOT to use the pool or driveway. We would still like to discuss this with you sometime. But the way the pool is now (cold and dirty) makes it mute. We have put in our home exchange agreements that the pool can only be used for exchange stays of 31 days or more. We have my sister and brother in law coming over this week and our daughter and grand kids coming in on October 11 -20th , staying with us in the upper unit. We explain to our seasonal renters and put on our website that pool use is only available for those staying 31 days or more. EXP-IMIT N0. `t P, 17 b1z 36 Dan Watrous From: Dr. Gourtney Anderson[courtney.anderson@coalesce.comj Sent: Monday, September 30, 2013 9:25 AM To: Dan Watrous Subject: RE: 110 Solano Renters in Bottom Unit Hi, Dan: I mentioned to the Town in an earlier email that some friends were staying with us last week and also answered Cathy's query (or one like it) last week in an email to you as well. Only our old friends have been staying in the bottom unit and they will be leaving tomorrow. Prior to that were two long term renters in a row. A third longterm renter will be coming in October. We have a home exchange for both the top and bottom over the weekend, but they will not be using the pool. We have a month or more long term renter moving into the bottom unit on Oct 7 and staying at least to Nov 7 while their house is being remodeled in Belvedere. They will be using the pool. We have family (my daughter and our grandchildren) coming to stay with us in the top unit in October. All of us will be using the pool. PS: the Haraburda's turned on the pool heat when Joe was swimming on Saturday. I don't know whether they Will leave it on or turn it of. Our Best Wishes that you have an Outstanding 2013 Regards, Courtney Dr Courtney Anderson President & CEO Coalesce Corporation "Building Beater Medicines" www.coalesce.com htto'//www linkedin comrin/coalescecommunitV Direct: (415) 384-3040 Mobile: (415) 299-0045 Fax: (415) 384-3049 EXHIBIT NO.= DF �L?-- Dan Watrous From: Dr. Courtney Anderson[courtney.anderson@coalesce.comj Sent: Wednesday, October 30, 2013 5:23 PM To: Dan Watrous Subject: RE Tiburon Vacation Rental - VRBO 247651 - 3 BR San Francisco Bay Area Condo in CA, Luxury 3BR Pool - Golden Gate &amp; San Francisco Views Hi, Dan: Thank you for your email.. We did not get the attachment. Please resend this along with any emails the Haraburda's have sent you about us since your last update to us. We fully comply with the Town's regulations. We do not seasonally rent the three bedrooms. The listing and pricing for the two bedroom and three bedroom are for a month stay and that is the only way we understand we are allowed to rent it. From Website: $210-345 per night US Dollars Prices are for 2 bedroom or 3 bedroom unit 2 bedroom $210-270.00 per night depending on the dates for month stay 3 bedroom $315.00 to $345.00 per night depending on dates for month stay Cleaning fee $125 2bdrm, $195.00 3bdrm Special events have different rates - email for information If potential renters ask us for a shorter period of time, their only choice is to switch to the permitted two bedroom and only if they have four adults or less (which is often the case). We have documentation that shows our response to those wishing to rent the three bedroom for less than 31 days. It shows we only offer the permitted two bedroom if they have four adults or less and their stay is less than 31 days. If they have more than four adults, then we just tell them the three bedroom is only available for 31+ day rentals. That is why it has not been seasonally rented since April when the Haraburda's started this. occasionally we have a Home Exchange for three bedrooms as we have right now, but this is very rare. In this case we tell them they can't use the pool or driveway, which is sad when they have children. Similarly we have an ad for the four bedroom, to find renters who want to stay 31 days or more. Also in this case the rent is based on a month period, not a nightly period. For shorter stays we tell them to look elsewhere. Rarely, we might have a home exchange for the four bedrooms, again with the pool and driveway restriction. Fortunately we continue to have long term renters (>31 days) and occasional family or friends. Long term renters are generally retirees who spend a month or more, people moving to Tiburon and needing an interim place to stay, executives who are coming to work in San Francisco for a month or more and local people who are building a house or remodeling. The pool has been offline all summer even though we, family, friends and long term rentals are entitled to swim. The Haraburda's have kept the pool too col to swim all summer. F,i ;HIBIT NO. Violation of Permit from Watrous to Anderson -----original Message ----- From: Dan Watrous Sent: Monday, November 04, 2013 8:32 AM To: 'Dr. Courtney Anderson' Subject: RE: Tiburon Vacation Rental - VRBo 247651 - 3 BR San Francisco Bay Area Condo in CA, Luxury 3BR Pool - Golden Gate &amp; San Francisco Views Courtnet, It's not the reviews 2 was referring to. The listing describes 3 bedrooms with uo to 8 DeoDle who can stay there. That absolutely is a violation of your Dermit and must be changed immediatelv. Dan Daniel M. Watrous Planning Manager Town of Tiburon (415) 435-7393 From: Dr. Courtney Anderson[mailto:courtney.anderson@coalesce.com] Sent: Wednesday, Dctober 30, 2013 5:23 PM To: Dan Watrous Subject: RE: Tiburon Vacation Rental - VRBO 247651 - 3 BR San Francisco Bay Area Condo in CA, Luxury 3BR Pool - Golden Gate &amp; San Francisco Views Hi, Dan: Thank you for your email. We did not get the attachment. Please resend this along with any emails the Haraburda's have sent you about us since your last update to us. We fully comply with the Town's regulations. We do not seasonally rent the three bedrooms. The listing and pricing for the two bedroom and three bedroom are for a month stay and that is the only way we understand we are allowed to rent it. From Website: $210-345 per night US Dollars Prices are for 2 bedroom or 3 bedroom unit 2 bedroom $210-270.00 per night depending on the dates for month stay 3 bedroom $315.00 to $345.00 per night depending on dates for month stay Cleaning fee $125 2bdrm, $195.00 3bdrm Special events have different rates - email for information if potential renters ask us for a shorter period of time, their only choice is to switch to the permitted two bedroom and only if they have four adults or less (which is often the case). We have documentation that shows our response to those wishing to rent the three bedroom for less than 31 days. EXHIBIT NO. �� Z8 bP36 P Qoi'-1c� Exhibit D (6 Pages -Advertisements Violating COA) ---- - - I . -I') .. 11I.1i11;11' . _.V �� 21 of 30 5 Bed Holiday House in Tiburon. California. USA to rent m,-V' mawtis Enter your destination Check-in 5 Bed Holiday House in Tiburon, Califoi -nix, USA to rent Check-out I LISA / Califin-nia / San Francism Bad Area / Mai -in County /TibUron Luxury 5 bedroom with pool - Golden Gate & San Francisco... House in 'i iburan- California. 1 jSAwith 5 bedrooms Entire home/apartment 14 gtiests bttps://"*.stopsleepgo.com/ ... co-bay-area/califomialunited-states/luxury-5-bedmom-with-pool---.01don-gate --- san-franciswlm5zlrvrd6x]y[2/9/2015 8:14:07 AM 5 Bed Holiday House in Tiburon, Califomia, USA to rent F1 1-1 5 bedrooms 5 beds Overview Amenities House Rules Reviews Availability Contact host via cnrtil jump to man +Please send me a message to confirm Rates and Availability before making a booking request on StopSleepGo. Simply click on [Contact host via email] link on the right side of this page. About this property Luxury 5 bedroom with pool - Golden Gate & San Francisco Views House in Tiburon, California, USA with 5 bedrooms 14 persons maximum; Bedroom (5), Real Bed bed (5), bath / shower (3), Size 4,000 square feet Views, Views, and more Views! Call owner for details (a must). Along the course of the America's world sailing cup in 2013. Major Views of the race. See our web site below for more photos and descriptions. Our home has panoramic windows for which you can enjoy world class views of the Golden Gate Bridge, San Francisco, Angel Island, the city, and east bay. Listen to the waves crashing on the shore, while watching the many sailboats, power boats, cruise ship, freighters, and much more, as they are passing in front of you. The amazing 5 minutes walk to downtown Tiburon, where you can catch the ferry to San Francisco, Sausalito, Angel Island, or just stay in town and shop, dine, wine tasting, see a movie, or just h ave a cup of coffee and watch the many ferries and sailboats coming in and out of the Yacht clubs. Tiburon is home to 2 exclusive yacht clubs, Corinthian Yacht Club, and The San Francisco Yacht Club. There are sailboat races every Friday, Saturday and most Sundays. More description of the home: This home has amazing views, along with many other wonderful features such as an 8 foot projector screen that ejects from the ceiling when you want to watch one of 700 movies we have provided for your entertainment, along with 7.1 surround sound, just push a button for the screen to return so you may have more room to move around and entertain, 3 fire pits, well manicured gardens, 2 patios, 1 deck, heated pool (May 1st to Oct 31st), smoker (for those who real like to cook), flat screen TVs in every room, including the kitchen, (bathrooms excluded), 3 gas fire places, 2 fully equipped kitchen, 1 kitchenette, indoor grill, outdoor gas grill and charcoal grill, pool toys, plenty of outdoor seating, and so much more! We do provide exta cushions that are stored indoors for those who may be allergic to animals. There are no animals allowed indoors for any reason. Events coming and yearly events: We are in the path of the race for the America's cup, which will be taking place in 2013, along with a regatta, to see who will qualify for the America's cup, in July and August 2012 as well. Blue Angels come every year in October; such a sight to see! The jets fly over our home but better seen by a boat, or the top of Angel Island, or maybe the ferry in downtown Tiburon, which is only a 5 minute walk. Tiburon 12th annual RCP Tiburon mile open water swim, where they swim from Angel Island to the town of Tiburon. You can watch from you window. There is the opening day on the bay, where they bless all the boat, which you will see from our windows as well. Sept. Events to see: Tiburon Classic Car Show, International film fest; Triathlon, Wine festival, and much more. To find out more about all the events coming to Tiburon, please check out; Tiburon's event calendar on line 6 3o https://mn ,.stopsleepgo.com/...co-bay-arcaicalifomialunited-states/luxury-5-bedroom-with-pool—golden-gate--san-fmncisco/m5zlrvrd6x]y[2/920158:14:07AM 5 Bed Holiday House in Tiburon, California, USA to rent You can see the beautiful city of San Francisco for the windows of our place and only a 17 minute ferry ride, so you can miss all the traffic, or just drive in, which should only take 15 to 20 minutes, depending on the traffic. So much to enjoy, just decide and go ... you can't go wrong! What's to Like About This Location: Everything! The location is hard to beat! Amazing views you can't see anywhere else, with a 5 -minute walk to town with nothing but incredible views the entire way. You can step out onto the patio of this home with a glass of wine, and just enjoying the surroundings. From this home you can watch the hundreds of sailboats that race along Raccoon Strait almost every weekend, right in front of the house, and witness the giant tankers and container ships that motor through the Golden Gate every day. Angel Island has history dating back to the Civil War days, so take a historical tour of the Island, rent bikes or Segways, walk, or just catch a ride on the Island train. Muir Woods, the wine country, many beaches: and other attractions are all only a very short drive or ferry ride away. There's just too much to mention! Restaurants in Town: Tiburon's Main Street, an easy 10 minute walk, is picturesque and quaint, with excellent restaurants, including Servino's (Italian) right on the waterfront, which has no -cover live music many evenings, Guaymas (excellent Mexican seafood), the famous Sam's Anchor Cafd, (known worldwide), Waypoint Pizza, The Tiburon Grill (with special happy hour pricing every aftemoon/evening) and more. For breakfast or lunch, our favorite is a funky little local hangout called the New Morning Cafe, but all cafes serve the best food and coffee, so you can't go wrong. Other helpful ideas — Woodlands Market (groceries), a wonderful movie theater, drycleaners, an amazing library with two fireplaces and a wealth of information on our little town community called Tiburon and Belvedere. Friday Nights in Tiburon: Friday nights are something really special in Tiburon. Between April and October, the Main Street is closed to traffic and there's a big street party. The restaurants serve dinner al fresco, and there are two or more live bands! Also, on Friday nights, from 5:30 to 8:00 PM, check out the Friday Night Races at the Corinthian Yacht Club and San Francisco Yacht Club (April to September). You can watch the races from shore, or if you want to volunteer (no charge, no experience necessary), you can be a crew member on a race! If you're interested in this, please ask the owner, he'll fill you in on the details. If you are a sailing enthusiast, we definitely need to talk! Golf: Very many world class golf courses in this area! Things to do and places to go that are a very short distance away- Wine country, Muir Woods, Many beaches, Sausalito, Japan town, China town, Coit Tower, Fisherman's Wharf, just to mention a very few. Other Activities: Sailing, Shopping, Kayaking, Wildlife Viewing, Rock Climbing, Boating, Sailboat Racing, Wine Tasting, Theatre, Dining, take a tour ........... and much more! Shove less... 0 Photos: r — _!VN s... V https://www-Slopsieepgo.com/... co-bay-area/mlifomia/united-states/luxury-5-bedroom-with-pool--golden-gate--- san-fmneisco/m5zlrvrd6xly[2/92015 8:14:07 AM 5 Bed Holiday House in Tiburon. California. USA to rent Rates $ 950.00 per day $ 6300.00 per week Important Info Property Key: Property Size: Minimum Nights: Check-in After: Check-out Before: Cancellation Policy: Use the + and - buttons to zoom in towards M5ZIRVRD6XIY 4,000 square feet 4 Nights Flexible Flexible _ Firm P, zs- 0F3o https:/I"w.stopsleepgo.mm/...co-bay-area/califomialunited-states/luxury-5-bedroom-with-pool --- golden -gate --- san-francisco/m5zlrvrd6xly[2/9/2015 8:14:07 AM i.,; ri'. Amenities: Heating Indoor Fireplace Parking Included TV Towels Washer Dryer DVD Cable Satellite Shared Pool Linen Service Kitchen Cooking Utensils Refrigerator Dishwasher Icemaker I tb_ Santa Rosa - _-t ? Ma satellite - ['d L f. �Davls .E[V'Grove •n - Rohnert Park Vacaville Napa t -._- •.. .i Petaluma ° Fairfield ° — Novato VallelOt Lodi Stas San R * l —,Concord.__ °Antioch Stockton - .owalnut Creek - San Francisco Manteca - p - Tracy - .. Hayward',Livermore " Daly City. ° Modesto ° San Mateo Fremont, Ceres. q -o Turlock Redwood Cityo i ° Los Altos- San Jose {""�-_Merced �•_ -Cupertino, :.Cam bell Saratoga- _ p - e .._. Q _..° _.. �e Los Gatos Mapdata 2011 Google Terms of Use Rates $ 950.00 per day $ 6300.00 per week Important Info Property Key: Property Size: Minimum Nights: Check-in After: Check-out Before: Cancellation Policy: Use the + and - buttons to zoom in towards M5ZIRVRD6XIY 4,000 square feet 4 Nights Flexible Flexible _ Firm P, zs- 0F3o https:/I"w.stopsleepgo.mm/...co-bay-area/califomialunited-states/luxury-5-bedroom-with-pool --- golden -gate --- san-francisco/m5zlrvrd6xly[2/9/2015 8:14:07 AM 5 Bed Holiday House in Tiburon, California, USA to rent -"14 M t,t arta 6 C� i• 4 1xQy-6O^i+a Per night From $950 Minimum Stm 4 Ni,hts Need bele booking? Call us at +1 561 235 2727 Contact hoof vin email StopSleepGo is secure bttps://w %w .stopsleepgo.com/... co-bay-area/califomia/united-states/luxury-5-bedroom-with-pool—golden-gate—sm-francisco/m5zlrvrd6xly[2/9/2015 8:14:07 AM LD'RN MORE THE COMPANY GL7TO KNOW US. FOLLOW US PAY HIEN I ML711ODS lj(mctn.)Slecpcio Tia.e1'Guide .TcnmwConditions Abou!Us _fFac"hool, Woiks Srte'Man Booano Terms 4V+11N OpSleepG0 I. i ter -AW Secure Payment Hon louse SSG BIogSitc PuvucvTenn Puss t Itmhh'- "-- Shoutfhtt Cancellation Policy Contact Us 11mtucst GLI SC FAQs 1-I n,f FAQS Vacation Rentals, Vacation .Apa tments, Bed and Brcal Casts. A ribrld of short-term accommodation. �'i 20 13 siopaLepgo:win-All lights rescued - Nersion L4 69 ?7R6 - ` Exhibit E (2 Pages — TOT Violation) Q��Dr�O Tiburon, California - Code of Ordinances TIBURON MUNICIPAL CODE TITLE II - LICENSES, TAXATION AND FISCAL Chapter 7 - TRANSIENT OCCUPANCY TAX* 7-4 - Advertising that tax will be absorbed by operator, etc., prohibited. It is unlawful for any operator to advertise or hold out or state to the public or any transient, directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the room rental, or that, if added, it or any part thereof will be refunded. (Ord. No. 42, § 4) --- �. zee OF -2,6 Tiburon Vacation Rental - VRBO 328391ha - 2 BR San Francisco Bap Area Townhome i— Page 1 oi1 eS Currency Conversion Rental basis: Per property Rental rates quoted in: USD Dates Nightly Weekend Night Weekly Monthly • Event Winter 5 $450 $2,650 Nov 1 - Apr 30, $41 $7,250 201s Fri, Sat 2 night min stay Rates are based on 4 guests; add $25 per night, per additional guest Summer May 1 - Oct 31, $a45 $475 $3,035 $7,750 2015 Fri, Sat 2 night min stay .Rates are based on 4 guests; add $25 per night, per additional guest > Approximate Monthly rates, actual rate will depend on the days of the month you stay Additional information about rental rates Fees: - $150 Cleaning ...... _.. .. � ...... Refundable Damage Deposit -.- .. - .. - .$500.. - Included . Taxes _ -.... Notes: This is a fabulous property and loved by all of our guests. The photographs do not do it justice our guests say. $445 per night for super prime, such as Thanksgiving, Christmas, Opening Day on the Bay, the Tiburon Swim and other international events such as the America's Cup Sharp Discounts apply to stays of one month or more 50% Rent plus cleaning plus refundable security upon booking, balance due two weeks before arrival. Discounts offered for payment of full amount. httD://www,a,.-v7bo.com/328391ha 2/8/2015 RagghiantiIFreitas LLP Christopher A. Skelton cskelton@rflawllp.com February 12, 2015 Via E-mail Only (adanforth@d.tiburon.cc.us) Tiburon Town Council Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Attorneys at Law 11015th Avenue, Suite 100 San Rafael, CA 94901 telephone 415.453.9433 facsimile 415.453.8259 www.rflawllp.com o 0W2 FEB 12 2015 PLANNING DIVISION Re: Supplement to Appeal of Seasonal Rental Unit Permit for 110 Solano Street; SRU 2013-01 Dear Tiburon Town Council: The following additional documents are offered for your consideration of the appeal. 1. Updated letter from tenants at 120 Solano Street; 2. Additional advertisement of home exchange for the entire property without limitation of timing, even after Dan Watrous clearly identified in his November 2013 email to the Andersons that home exchanges are a category of rentals within the meaning of the Seasonal Rental Unit Permit This advertisement was viewed on 2/11/15. It was coincidentally removed from the website on 2/12/15. The screen shot was obtained on 2/12/15 via my browser history. Thank you for your consideration of these additional pieces of information relevant to the appeal of the Seasonal Rental Unit Permit Very Truly Yours, Christopher A. Skelton E; X -H BiT 1`30-I ( . February 101h, 2015 Tiburon Town Council Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Re: Short-term rental —110 Solano Street To: Tiburon Town Council As residents of 120 Solano Street (Unit B) we consider it in our interest to share our concerns with regards to the short-term rental activities at 110 Solano Street. In the past, this activity has proven to have a material and negative effect on our daily lives by encroaching upon our ability to utilize shared grounds, creating an environment that cultivates disturbances, and raising security issues, all while diminishing the value of our renters equity. Specifically, seasonal rental activity affects us in the following ways: Safety and security issues. The constant comings and goings of tens -to -hundreds of people each year create a security concern. We have no assurances that the property is being rented to individuals we should feel safe sharing a close space with. Furthermore, having access to the pool gives the renter direct access to our porch and entry way and on occasions in the past this has presented issues with trespassing. This is of increased concern to us now that we have a young child.. Encroaches on our ability to fully utilize the shared grounds, specifically the pool. Our past experience is that the rental unit(s) residents dominate the shared space both in numbers and volume making it difficult to peacefully enjoy the pool and surrounding gardens. In addition, the groups at the pool are often large in numbers and are loud creating a nuisance. Consistent disturbances from groups coming and going from the property. We have endured the raucous sounds of groups of people moving in or out of the property. Even with double -pane windows, the noise continues to be an issue. Nightly disturbances compromising the quiet environment. In the past it has been the norm that renters of the property keep hours more aligned with a vacation lifestyle where nightly disturbances were common. Parking congestion. There have been several instances where the rental groups and their guests have been large enough to contribute to parking congestion on Solano Street. Based on our experience, seasonal renters directly disrupt the quiet nature and security of the property. We appreciate your consideration of the issues in your review of how this property should be designated and we respectfully request that you consider the adverse effects short-term rental activity has on the lives of the residents who share the grounds. Sincerely, Scott Carlson & Jennyfer Diani Residents of 120 Solano Street, Unit B HomeExchange.camT" - Views Views and more View Luxury 2, 3, 4 or 5 bedroom unit 2/12/15, 9:24 AM Search Homes I How It Works I About I Help I Free Trial Log in English Go Back aka J Tvreet': .$ 1 Views Views and more View Luxury 2, 3, 4 or 5 bedroom unit #149921 Tiburon, Belvedere Tiburon, CA, USA Home Neighborhood Additional Information Home Ex -change Bedrooms Bathrooms Sign up today No smoking No Pets Children are Welcome Start Free Trial Exchange Type Second Home ,ficin with ^arebook 1/51 This Is what you see from the windows of the home. Taken From the property Description Please take a look at our web site to see each unit! www.TiburonVacation.com Rent or exchange. Two bedrooms: Views, Views and more Views! Our unit is a spacious 2 bedroom 1 bath home, that can be a 3 bedroom 2 bath, 3rd bedroom 50 feet from main home, or on occasion for larger families, we can exchange another two https://Www.homeexchange.com/on/listing/149921/ Sandy See Full Member Profile Member since: September 2009 Speaks: English Preferred Exchanges Open to Any Destination Open to Any Dates Back to Top Page 1 of 3 HomeExchenge.com"" - Views Views and more View Luxury 2, 3, 4 or 5 bedroom unit bedroom one bath unit so you can have four or five bedrooms. The nrr.norty Hoe enon+on..lor vimue nf+he rinlrion r,afo CtrlAne Annol Ichnrl onA more Home Type & Area House Urban area Amenities Baby Items Dishwasher Gourmet Kitchen Indoor Fireplace Internet Wireless Internet Barbecue Deck/Patio Free Parking on Premises Garden Availability Open to Any Dates Neighborhood Description Our home has incredible panoramic views of Golden Gale Bridge, Angel Island, San Francisco, and the East Bay from almost every window and is next to the water. Just some of the unique benefits of our units include that we are less than a 5 minute walk, along the beautiful San Francisco Bay to downtown. where you can take ferries to Angel Island, San Francisco (Downtown and Fisherman Wharf), Sausalito and Jack London Square in Alameda. more Activities, Culture and Sport Biking Boating Fishing Galleries/Museums Golf Health Club Hiking Restaurants Shopping Surfing Theatres Surroundings Beach Forest Lake https://www.homeexchange-com/en/listing/149921/ p. �r S- 2/12115, 2/12/15, 9:24 AM Page 2 of 3 HomeExchange.coml- - Views Views and more View Luxury 2, 3, 4 or 5 bedroom unit Mountains Sea/Ocean Additional Information If you have a large family and you are thinking about spending time together, this is the home for youl Each family can have a place of their own. A private entrance, kitchen each, and when you want a little privacy, because you are an early riser, you'll have that as well. See other units on our web site) Vacation Type Company Help About How It %Vcrks Contact Us Hall, Center Meet Our Team Gehing Started Newsroom community Guidelines Bloo Is Hone Swapping Safe? Privacy Policy Terris of Use ® HomeExchange.00mri` All Rights Resolved. https://www.homeexchange.com/en/listing/l 49921 / Useful Links Pricing & Berefits Member Stories Travel Resources Already a Member of another home exchange club? Get Our Special Offer Follow Us Facebook iwittar Pintef�rest Googla _ 2/12/15, 9:24 AM Get Started Not a Member yet? Join Now! English F� Page 3 of 3 Town of Tiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 • fl 415.435.7373 E 415.435.2438 • was ecl.dburon. a.us Tiburon Planning Division May 6, 2013 Courtney and Sandy Anderson 110 Solano Street Tiburon, CA 94920 RE: Seasonal Rental Unit Permit #SRU2073-01; 110 Solana Street Dear Mr. and Mrs. Anderson: I am pleased to inform you that your Seasonal Rental Unit Permit Application, as set forth in the application form received April 17, 2013, has been conditionally approved, subject to the following conditions of approval: Emmett O'Donnell Mayor Alice Fredericks Vice Mayor Richard Collins Councilmember Frank Doyle Councilmember Jim Fraser Councilmember 1. The approved permit is for the upper dwelling unit at 110 Solano Street only. The lower dwelling unit and the guest room above the garage are not approved as seasonal rental units. 2. The seasonal rental unit shall be operated subject to the conditions contained withinMargaret A. Curran the sample lease agreement submitted as part of this application and on file with the Town Manager Town of Tiburon. 3. Occupancy of the seasonal rental unit shall be limited to no more than four (4) adult guests at any one time. 4. There shall be a minimum of two (2) off-street parking spaces provided for the seasonal rental unit when in use as a seasonal rental. Seasonal rental occupants shall be required to park off-street at all times. 5. There shall be no visible trash or debris from the seasonal rental use. 6. The seasonal rental unit shall not be rented out for large parties or special events. 7. The Town reserves the right to amend or revoke this Seasonal Rental Unit Permit for cause, in accordance with adopted regulations of the Town Please note that the requirements governing seasonal rental units (TCC 16-40.040) are attached, and that the use must remain in compliance with these requirements continuously. if you have not yet applied for a business license with the Town, now is the time to do so. Please call Joan Palmero at (415) 435-7373 if you have any questions regarding the business license process. Your Seasonal Rental Unit Permit will be valid until the end of the calendar year 2013. The annual renewal fee is $50, and the Town will inform you when payment is due. Please inform the Town at any time if you would like to discontinue your business and deactivate your Seasonal Rental Unit Permit. Sincerely, 7:1 �aca Daniel M. Watrous Planning Manager Attachment: Zoning Ordinance Section 16-40.040. 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