HomeMy WebLinkAboutTC Digest 2010-12-10Tiburon
1. Letter - Laleh Zelinsky - Explanation of Issue at Bistro 35
2. Yearly Recap Design Review Submittals - November 2010
3. Monthly Report - Office of Design Review - November 2010
Agendas & Minutes
4. Minutes - POST - October 19, 2010
5. Minutes - Planning Commission - November 10, 2010
6. Agenda - Design Review Board - December 16, 2010
Regional
a) Invitation - Be a Friend of The Redwoods
b) Estuary - Bay-Delta Newsletter - December 2010
c) Western City Magazine - December 2010
Agendas & Minutes
d) None
* Council Only
ZElAINSKY PROPERTIES L.LC
130 MAIN STREET, TIBURON, CALIFORNIA 94920
TEL 415.435.1053 0 FAX 415.435.6514
December 7, 2010
Dear Friends:
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Some of you have called me personally or the office with concerns regarding my former tenant of Bistro
35 & Patisserie entering and disrupting your retail spaces, offices or homes. I just wanted to write this
short note to clear up what happened.
As you are undoubtedly aware, I have been forced to terminate the lease with Marc Salmon of Bistro 35.
Unfortunately, Marc has chosen to speak to many of you and has fabricated a tale that he has been
victimized by me. I had no intention of making any public statement regarding this matter, but due to his
complete distortions of the truth I feel that you all deserve to know the facts.
Marc has been in default under the lease on several occasions since taking possession of the premises.
Some of the many defaults are as follows:
1. Marc performed renovation without obtaining permits. Prior to after executing the lease, we
advised Marc and his legal counsel to ensure that he obtained proper permits and that the Town
of Tiburon was very strict regarding this issue. The lease also provides that all renovation would
require proper permits. Marc failed to do so, placed paper to hide the windows and performed
work. The Town stopped his work and required that he obtain permits and correct substandard
work he performed. Rather than send him a notice of default we gave him a second chance to
rectify his default. Additionally, the Town notified us that Marc failed to pay the permit fees and
now those fees are our responsibility as property owner.
2. Marc failed to pay rent on several occasions, beginning within a few months of his tenancy.
Additionally, approximately five (5) cheques that he gave me over the course of one year were
returned for insufficient funds. Although he was in default of the lease, and he was served with
several default notices, we always gave him a second chance to rectify his default.
3. Marc failed to report sales figures, as required under the lease. Although he was served with a
default notice, we gave him a second chance and amended his lease to eliminate the '
requirement to report sales.
Although Marc defaulted under the lease in several occasions, he was always given additional
chances and extra time to cure the particular default. In the last instance, although Bistro 35 was
doing strong sales, he was delinquent in paying rent for two months. After several reminders we had
no choice but to commence an unlawful detainer procedure. He was first given a default notice. He
failed to comply or respond to it. He was then served with an unlawful detainer complaint and again
failed to respond to it. After obtaining a judgment and being notified by the sheriff of the day that
that the eviction would take place, Marc promised that he would pay all amounts due. Again we
gave him another chance and cancelled the sheriff's eviction. Marc failed to keep his promise to pay
and never notified us. At that point, we had no choice but to proceed. Please also know that Marc
has been represented by capable legal counsel from the day he first negotiated the lease and that
our legal counsel was in constant communication with him throughout his tenancy as well as each
step of the eviction process. Additionally, Marc was given proper notification of every stage of the
legal process.
Even if the lease was not terminated, it is unknown how much longer he would be able to stay in
business. Upon regaining possession of the premises we came to understand the state of his
business. In the premises, stacked under the counter, there are several unpaid bills, vendor
demands for payment and unopened bills, dating back to early August. Vendors terminated service
for non-payment and the Marin Water District was scheduled to terminate service last week for
non-payment. Additionally three individuals, who live in our community, have come forward and
stated that they lent him money to open and finance the store operations that he is in default with
for non-payment. We suspect that there are other lenders as well that have not been repaid. The
lease as well as all personal property in the store was used by Marc as collateral for the loans. This
was also prohibited in the lease. One lender had already commenced an action to take over the
lease for 35 Main St. Marc and his brother, Sam, own the Gourmet Deli in Strawberry. Marc also
gave that lease as collateral for Marc's loans. Sam may lose the deli based on Marc's actions. We
were supplied a lien search that shows liens against Marc in favor of the IRS, Franchise Tax Board as
well as one civil suit judgment lien. In short, it is hard to understand how Bistro 35 could fail and
where the cash went. Given the strong business it did, it is hard to imagine that he could not pay
vendors, utilities, lenders, let alone his landlord. However, I suspect it will all play out in the court
system as his creditors search for the cash generated from the store and where it went.
As you know, I have always been truthful and fair. It is ironic and hurtful that the tenant with whom I
have been the most forgiving has elected to vilify me publically for a situation that is solely of his
own making. I am sorry that you have been placed in the middle of this unfortunate situation. As
always, please do not hesitate to contact me with any questions that you have.
I regret that the employees have lost their jobs. Marc Salman is the only one responsible and to be
blamed for that.
I'm deeply sorry that this matter has caused you and the Town distress.
I hope that you will have a wonderful and successful Holiday Season.
Sincerely,
Laleh S. Zelinsky
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TOWN OF TIBURON
OFFICE OF DESIGN REVIEW
MONTHLY REPORT
NOVEMBER 2010
DESIGN REVIEW BOARD APPLICATIONS: NUMBER SUBMITTED 2009
■ NEW SINGLE FAMILY RESIDENCES 0 0
■ MAJOR ADDITIONS/ALTERATIONS 2 0
■ MINOR ADDITIONS/ALTERATIONS 0 0
■ (not eligible for Staff Review)
■ SIGN PERMITS 1 0
■ TREE PERMITS 6 6
■ VARIANCE REQUESTS 3 0
■ FAR EXCEPTIONS REQUESTS 4 0
■ EXTENSION OF TIME 0 0
STAFF REVIEW APPLICATIONS:
Review of minor exterior alterations and additions of less than 500
square feet. 12 19
APPEALS OF DESIGN REVIEW BOARD DECISIONS TO TOWN COUNCIL
0 0
REPORT PREPARED BY: Connie Cashman, Planning Secretary
DATE OF REPORT: December 7, 2010
•
MINUTES NO. 10
PARKS, OPEN SPACE & TRAILS COMMISSION'
October 19, 2010
Special Meeting
Tiburon Town Hall---Conference Room
1505 Tiburon Boulevard, Tiburon, California
CALL TO ORDER
The meeting was called to order by Commissioner McMullen at 6:05 P.M., Tuesday, October 19,
2010 in the Town Hall Council Chamber, 1505 Tiburon Boulevard, 1St Floor, Tiburon, California.
ROLL CALL
Present: Winkler, McMullen, Feldman, McDermott and Allen
Absent: n/a
Ex-Officio: Director of Public Works Nguyen
ORAL COMMUNICATIONS
None
MINUTES
September 21, 2010 Action Minutes were approved by a vote of 5-0.
COMMISSION AND STAFF BRIEFING
■ n/a
SUBCOMMITTEE REPORT
■ n/a
BUSINESS ITEMS
1. Draft Open Space Resource Management Plan (OSMP):
Director Nguyen summarized the staff report, indicating that various minor revisions were made
to the draft OSMP report, but that the priorities for Parcels 29 and 30 were not changed.
Public comments were then taken:
Tiburon Parks, Open Space & Trails Commission October 19, 2010 Approved Minutes Pabe I
Ms. Lynn Fox on Sugar Loaf Dr. indicated that there is a significant about of understory growth
in the parcels, and that no one has really gone into these areas to physically inspect them.
Chairman Winkler asked her which homes are within 100 feet of these areas because that is what
is most crucial to the Fire District.
Mr. Brian Lantier emphasized protection of town properties and public safety. He suggested that
the 100-feet defensible zone should not be the detennining threshold for taking action. He wants
the open space parcels 29 and 30 to have a higher priority so that they are better positioned to
receive future funding.
Chairman Winkler brought up the letter from Fire Marshall, Ron Barney, and summarized it,
while addressing Mr. Lantier's conunents.
Patricia Woeber mentioned a fire back in the 1970's in the area. She further mentioned about the
difficulties in getting a permit to remove trees and vegetation.
Mr. Robert Dougherty suggested that vegetation along the streets is also a concern.
Ms. Caroline Freedman is concerned about the low ranking of parcel 29 and 30, and opposes it.
Commissioner Feldman voiced his inability to reconcile why statements from the property
owners about perceived fire dangers are not consistent with the low priority ranking from the
consultant's report. He subsequently reviewed the draft report and was reminded that the basis
for the priority rankings was not solely on fire safety, but on a cost-benefit analysis. He was then
able to reconcile the difference.
The Commission deliberated and passed the following multi-part motion unanimously (5-0):
• Recommend to Council to adopt the Mitigated Negative Declaration and draft OSMP
with the OSMP revisions suggested in the October 19th staff report and with further
revisions to include copying revision No.2 in the staff report to the Executive Summary
of the OSMP, as well as adding: "Priorities of maintenance activities are based on various
factors and not solely on public safety. Determining the priorities is based on the ability
of the Town to complete a management activity that provides the greatest public benefit
with a minimum of resources."
• Recommend that staff consider developing a flyer to educate residents of vegetation
management responsibilities and bring it back to POST for review.
• Recommend that staff work with property owners on an as-needed basis to facilitate
vegetation management, including property owners of open space parcels 29 and 30.
Tiburon Parks, Open Space & Trails Commission October 19, 2010 Approved Minutes Page 2
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:10 P.M.
/S/Peter Winkler
PETER WINKLER, CHAIR
Parks, Open Space & Trails Commission
ATTEST:
NICHOLAS NGUYEN, SECRETARY
Tiburon Parks, Open Space & Trails Commission October 19, 2010 AppJ•o>>ed Minutes Page 3
S 4P
PLANNING COMMISSION
MINUTES NO. 1002
November 10, 2010
Regular Meeting
Town of Tiburon Council Chambers
1505 Tiburon Boulevard, Tiburon, California
CALL TO ORDER AND ROLL CALL:
Vice-Chair Corcoran called the meeting to order at 7:30 p.m.
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Present: Vice-Chair Corcoran, Commissioners Doyle, Kunzweiler, and Tollini
Absent: Chair Frymier
Staff Present: Planning Manager Watrous, Director of Community Development Anderson and
Minutes Clerk Levison
ORAL COMMUNICATIONS: None
COMMISSION AND STAFF BRIEFING:
Community Development Director Anderson stated that the Commission's November 24th and
December 22°d meetings will be cancelled due to the holidays. The Commission's December Stn
meeting has one item scheduled at this time, a hearing on the installation of a second public
bathroom building at Blackie's Pasture.
He anticipated the Alta Robles project Draft Environmental Impact Report and merits hearing
would come forward in January. He said that the decision to revise and recirculate a portion of
the Library project Environmental Impact Report was made that day, with those sections not
likely to return to the Planning Commission before March.
PUBLIC HEARING
2. LOCAL HAZARD MITIGATION PLAN UPDATE - PUBLIC HEARING ON
DRAFT MITIGATION STRATEGIES
Community Development Director Anderson presented the staff report, stating that the Federal
Emergency Management Agency requires all local governments to adopt an approved Local
Hazard Mitigation Plan (LHMP), part of which involves adopting an annex to a much larger plan
prepared by the Association of Bay Area Governments (ABAG). The Town is currently updating
its LHMP annex as part of a larger regional effort led by ABAG and part of this process requires
review of previous and new mitigation strategies as well as an opportunity for public comment.
TIBURON PLANNING COMMISSION MINUTES - NOVEMBER 10, 2010 MINUTES NO. 1002 PAGE I
Mr. Anderson stated that the Town Council held a public hearing when it first adopted the
LHMP annex in 2005, but Staff believed it appropriate to have the Planning Commission fulfill
the public hearing requirement for this update. He noted that other forms of public outreach, such
as posting on the Town's website, are required for the LHMP process.
There were no public comments.
Commissioner Kunzweiler said that he found the document sufficient in its compliance and that
the Town possesses strong strategies in all applicable areas.
Commission Doyle concurred and said that he trusted Staff's expertise and guidance regarding
this plan.
Commissioner Tollini also concurred. She said that she had taken the Get Ready class and she
found the document comprehensive and well thought out.
Vice-Chair Corcoran echoed their comments and stated that he also had great confidence in
Town Staff.
MINUTES:
3. PLANNING COMMISSION MINUTES - Regular Meeting of September 8, 2010
ACTION: It was M/S (Kunzweiler/Tollini) to approve the minutes of September 8, 2010. Motion
carried: 4-0.
PUBLIC HEARING
1. 1600 MAR WEST STREET: CONDITIONAL USE PERMIT TO MODIFY THE
CONDITIONS OF APPROVAL FOR A PREVIOUSLY APPROVED USE
PERMIT FOR A PRIVATE RECREATIONAL FACILITY; FILE #11003; Tiburon
Peninsula Club, Owner and Applicant; Assessor's Parcel Nos. 058-171-17, 76 84,
and 058-240-21
Staff noted that Commissioner Doyle is a member of the Tiburon Peninsula Club (TPC)' He
recused himself and exited the meeting.
Planning Manager Watrous presented the staff report, stating the TPC is currently operating
under a Conditional Use Permit (CUP) granted in 2005 and modified several times since. In
September 2010, The Ark newspaper printed a letter from a residential neighbor to the TPC
complaining about noise from an inflatable children's "jump house" operating there. Staff
contacted TPC officials, learned that the club has been using the jump houses on a recurring
basis, and informed them that such a use was not permitted under the club's CUP. TPC
subsequently filed for a CUP amendment to allow repeated use of the temporary play structures.
TIBURON PLANNING COMMISSION MINUTES - NOVEMBER 10, 2010 MINUTES NO. 1002 PAGE 2
Mr. Watrous described TPC use of inflatable play structures in the past and the Commission's
previous noise concerns. He recommended that the use permit be modified to address how the
Commission would like these structures to be regulated.
Commissioner Kunzweiler questioned and confirmed with Mr. Watrous that actual decibel levels
were not measured relative to this activity and that the Town's Noise Ordinance and policies
within the General Plan are not directly applicable to something like this.
Dave Holscher, Vice President of the TPC Board of Governors, stated that Ms. Schwartz' letter
was the first complaint the club received relative to the jump houses. He said that they
immediately sought to identify the issue and feel that the gas-powered compressors used for the
larger jump houses are the source of the objectionable noise. He said that TPC realized that using
these generators was a mistake and the club is more than willing to refrain from using them in
the future. He stated that the standard electric blowers used to power the jump houses create very
little noise and he did not foresee any issue associated with their continued use.
Mr. Holscher stated that the club is in the process of installing additional electrical outlets to
ensure there is no need to rely upon the gas-powered generators. He said that they are also
looking into "quiet boxes," which are typically used to reduce the noise from the power source
when jump houses are used indoors. He said that Ms. Schwartz felt that quiet compressors would
resolve her concerns. He said the club would like to self-police the issue and refrain from any
CUP amendment.
Commissioner Kunzweiler asked how frequently the club used the jump houses. Mr. Holscher
said that they are used at many special events and birthday celebrations, though he could not say
how often that is.
Vice-Chair Corcoran asked if the complaints seemed limited to use of the larger gas-generated
jump houses. Mr. Holscher could not confirm this, but noted that the jump houses have been
used at the club for many years and Ms. Schwartz' complaint was the first they had received.
Commissioner Tollini asked if any consideration was given to moving the location closer
towards Mar West Street. Mr. Holscher said that the current location seemed to be a natural
extension of the children's playground.
Vice-Chair Corcoran opened the public hearing.
John Minni said that his concern was with the public notice, which sounded like the use of the
jump houses would be increased over its current levels. He confirmed with the applicant that
there was no request to operate the jump houses in a different location or on a larger scale.
Michael Parker said he owns and/or manages several properties on Harbor Oak Drive and on one
occasion last spring he observed that while the jump house noise was essentially nonexistent at
TPC, the noise was amplified significantly in one of the apartments above the site. He asked that
Staff or the Commission visit the apartment and experience the noise themselves before making
any decisions.
TIBURON PLANNING COMMISSION MINUTES - NOVEMBER 10, 2010 MINUTES NO. 1002 PAGE 3
Elaine Harmony said that she lives immediately above the TPC and within sight of the jump
houses. She said that the noise in her apartment is loud all day on both weekends and holidays.
She said that she has no wish to infringe upon the club's right to do business, but she also did not
wish to sacrifice the quiet enjoyment of her home any further. She thought that she might be
comfortable with limiting the jump houses to several times per year and invited anyone
interested to experience the noise from her home.
Commissioner Tollini asked Ms. Harmony if her issue was the compressor noise specifically, or
also noise generated by the jump house activities. Ms. Harmony said both. Commissioner Tollini
asked if the sound would be more acceptable if the jump houses were moved elsewhere on the
property. Ms. Harmony could not say, stating that the topography amplifies sounds coming from
the site.
George Drake said that the neighborhood is a very loud one to live in above a natural
amphitheater and it feels as though he is present at every game of basketball, tennis match and
birthday party held there. He said that this is not an appropriate location for jump houses and he
doubted that relocating the jump houses elsewhere on the site would be an improvement.
Suzanne Drake said that it would be useful for residents to know when the jump houses and
other loud activities were scheduled. She felt that this knowledge, along with reduced frequency,
could make the impacts manageable.
Peter Winkler, TPC President, emphasized that the larger gas-powered generator appeared to be
the issue. He said that the club has been hosting events with jump houses for at least 25 years and
this is the first complaint that they had received. He felt that it would be inappropriate to regulate
jump houses as part of their CUP and that there were not sufficient reasons to do so. He stressed
that the use of the gas-powered generators was clearly a bad idea, and the club will enhance its
electrical capabilities and institute regulations to see that they are no longer needed or allowed.
Mr. Winkler said Mr. Parker noted that the club has been responsive to his concerns, just as they
responded to Ms. Schwartz. He asked that the club be allowed to continue to use jump houses
and to work with Town Staff and neighbors to further investigate any noise issues. He proposed
that the Commission accept the club's offer to prohibit the use of gas-generated compressors,
make no other change to the CUP, and then see if there is need for further mitigation. •
Vice-Chair Corcoran questioned and confirmed with Mr. Winkler that the'electrical
improvements will serve only to eliminate the need for gas generators, and would not improve
upon the electric compressors in any way. Mr. Winkler added that they are also pursuing the use
of sound boxes and considering reorientation of the jump houses to address the issue.
Vice-Chair Corcoran closed the public hearing.
Commissioner Tollini asked if a CUP amendment is required to allow, or simply regulate, jump
houses. Mr. Watrous said that the Zoning Ordinance does not specify either way. He said that
there are many parts of the TPC's normal activities that are not spelled out in the CUP. He stated
TIBURON PLANNING COMMISSION MINUTES - NOVEMBER 10, 2010 MINUTES NO. 1002 PAGE 4
that the Commission could choose to not amend the CUP and allow the club to carry on, but
Staff feels that as a specific noise generating use, there should be some guiding language as to
how the jump houses are used on the property.
Vice-Chair Corcoran questioned and confirmed with Mr. Watrous that the next CUP review is
some time next spring, and that the issue could be discussed again at that time.
Commissioner Kunzweiler shared concerns with the overall process. He said that the Town tends
to use CUPS far beyond their intended time frame and that a CUP should not be used as a vehicle
to cure operational problems. He stated that an operational issue to do with noise has been raised
here and should be dealt with as it would be with any other enterprise in the community. He
noted that the acoustical issues in the surrounding neighborhood are well known, but he found
TPC to be very responsible in attempting to solve neighborhood issues and they are taking steps
to address this concern.
Commissioner Tollini said she could go either way regarding amending the CUP, but would feel
comfortable allowing the club time to resolve the issue on its own. She commended TPC for
confronting the problem directly and urged any neighbors with concerns to communicate with
the club and attempt to resolve their issues before it reaches this level. She hoped that the use of
only electric powered blowers and limiting the use of jump houses to special occasions would
eliminate the issue, but said that she would not object to amending the CUP during the next
review if the problem continues.
Vice-Chair Corcoran said that TPC had done a good job of reaching out to neighbors over the
last year, and had done the same this evening. He concurred with Commissioner Kunzweiler that
the use under the current use permit should not be micromanaged, but as long as issues continue
to arise while a CUP is active, he felt that it was appropriate to address the issue through a CUP
amendment. He appreciated the club's efforts relative to electrical improvements and the quiet
box and said that he would prefer to see that requirement included in the CUP, but he could
support waiting until spring. He said that he appreciated the neighbors' general noise concerns.
Commissioner Kunzweiler read from the original resolution and said that the Commission can
amend the CUP for failure to comply with the Town's adopted regulations, but the Town has no
adopted regulations having to do with these specific noise issues at the club. He said that the
Commission needed to be clear that CUPS are not enforcement vehicles and that they have a
purpose and a life span. He said that he would be open to examining the issue when the CUP
comes back for review, but also felt that the CUP needs to be phased out.
Mr. Watrous clarified that the next CUP review would be in May or June.
Commissioner Tollim asked that if and when the Town's Noise Ordinance is revisited, this type
of issue or use be reflected.
TIBURON PLANNING COMMISSION MINUTES - NOVEMBER 10, 2010 MINUTES NO. 1002 PAGE 5
ACTION: It was M/S (Frymier/Kunzweiler) that the Commission accepts the TPC's proposal to
1) eliminate the use of gas generated compressors, 2) improve its electrical capabilities, 3) install
quiet boxes around electric jump house blowers, and 4) work with Town Staff and neighbors to
accurately identify the issues and possible mitigation measures, and 5) to direct Staff to
reinvestigate the issue at the next regularly scheduled CUP review, with no modifications to the
CUP at this time. Motion carried: 3-0.
ADJOURNMENT:
The Planning Commission adjourned the meeting at 8:25 p.m.
JO C CO I CHAIR
TIB ON PLANNING COMMISSION
ATTEST:
.1~ '.LN~
DA KIEL WATROUS, SECRETARY
TIBURON PLANNING COMMISSION MINUTES - NOVEMBER 10, 2010 MINUTES NO. 1002 PAGE 6
6 0
TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
Regular Meeting
Design Review Board
December 16, 2010
7:00 P.M.
AGENDA
TIBURON DESIGN REVIEW BOARD
CALL TO ORDER AND ROLL CALL
Chairman Tollim, Vice Chairman Kricensky, Boardmembers Chong, Emberson & Weller
ORAL COMMUNICATIONS
Persons wishing to address the Design Review Board on any subject not on the agenda may do
so under this portion of the agenda. Please note that the Design Review Board is not able to
undertake extended discussion, or take action on, items that do not appear on this agenda.
Matters requiring action will be referred to Town Staff for consideration and/or placed on a
future Design Review Board agenda. Please limit your comments to no more than three (3)
minutes. Any communications regarding an item not on the agenda will not be considered part
of the administrative record for that item.
STAFF BRIEFING (if any)
CONSENT CALENDAR
1652 TIBURON BOULEVARD; File No. 51009; Shelter Bay Retail Group, Owners;
Union Bank/Arrow Sign Company, applicants; Sign Permit, with a Major Exception, to
install an illuminated wall sign and a door sign for an existing bank building (Union
Bank). The applicant is proposing 30.94 square feet of sign area, and is therefore
requesting a major sign area exception. APN: 059-101-04. [LT]
NEW BUSINESS
2. 215 ROUND HILL ROAD; File No. 710124; Kathleen and Daniel Veiner, Owners; Site
Plan and Architectural Review for construction of an addition to an existing single-family
dwelling. The applicants propose to convert existing crawl space into an 867 square foot
addition to create a new bedroom, bathroom and a wine storage room. One new skylight
would also be added. APN: 058-111-14 [DW]
MINUTES
3. Regular Meeting of December 2, 2010
ADJOURNMENT
Design Review Board . December 16, 2010
Page 1