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Home My WebLink AboutTC Agd Pkt 2014-01-15 (2)January 15, 2014 Tiburon Town Council 1505 Tiburon Boulevard Tiburon, CA 94920 Dear Tiburon Town Council members: As owners of downtown Tiburon businesses, we believe that to foster a vital, thriving downtown ALL ground floor space should be restricted to restaurant and /or retail business uses and that the zoning for Main Street and Tiburon Boulevard near downtown should reflect this. We are united in supporting the Planning Commission's decision to deny the application of a real estate business to lease space on Fountain Plaza - the very heart of our downtown. Therefore, to protect the character, liveliness and vitality of downtown, we ask the Council to deny the applicant's appeal. Sincerely, Kathryn Servino Caffe Acri 1 Main Street Klaus Meinberg The Candy Store on Main 7 Main Street Christopher Downs Christopher Salon & Home Store 90 Main Street Kelly Erickson Citrus 13 Main Street Lisa Benbow Garnish 80 Main Street Era Sellen Grass Shack 1694 Tiburon Boulevard Darla Fisher Koze 16 Main Street 1.14.14 / 1.14.14 1 Downtown merchants letter 1.14.docx Nancy Larson Main Street Wine Bar 84 Main Street Brett Maurer May Madison 10 Main Street Charleen Jackson New Morning Cof6 1696 Tiburon Boulevard Ron Kelly RJ Sax Tommy Bahama & Junella's 30 Main Street & 32 Main Street Ruth Livingston Ruth Livingston Studio 74 Main Street Paul Monteroso & Charleen Jackson Salt & Pepper 38 Main Street Angelo Servino Servino Ristorante 9 Main Street Debbie Hershy Unique Boutique 1690 Tiburon Boulevard woam��o';� Ni2� VV 1.14.14 1 1.14.14 9 Downtown merchants letter 1.14.docx To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting January 15, 2014 Agenda Item: P�—/ Subject: 1704 Tiburon Boulevard: Appeal of the Planning Commission's Denial of a Conditional Use Permit Application to Establish a Real Estate Business Office in the VC Zone; Owner; K2 Properties; Applicants and Appellants, K2 Properties and Decker Bullock Realty, Inc.; File #11304; Assessor's Parcel No. 059- 102 -17 Reviewed By: , PROJECT DATA Address: Owner: Applicant: Appellants: Assessor's Parcel No: File Number: Lot Size: Zoning: General Plan: Flood Zone: SUMMARY 1704 Tiburon Boulevard K2 Properties Decker Bullock Realty, Inc. K2 Properties and Decker Bullock Realty, Inc. 059- 102 -17 11304 Approximately 3,500 sq. ft. VC (Village Commercial) VC (Village Commercial) AE (Within 100 -year flood zone) On August 28, 2013, the Planning Commission denied a conditional use permit application for the operation of a real estate business office at 1704 Tiburon Boulevard. The property owner and applicant ( "appellants ") subsequently filed a timely appeal of this decision. The appeal is attached as Exhibit A. PROJECT DESCRIPTION Decker Bullock Realty Inc. has applied for a conditional use permit application to establish a real estate business office in the Village Commercial zone. The prior use was a dry cleaning operation and the change of use required a conditional use permit. The use would occupy TOWN OF TIBURON PAGE 1 OF 6 Town Council Meeting January 15, 2014 approximately 1,295 square feet of ground floor space fronting on Fountain Plaza. Detailed information concerning the use is included in the August 14, 2013 Planning Commission staff report, attached as Exhibit B. PLANNING COMMISSION REVIEW The Planning Commission held a public hearing on the application on August 14, 2013, at which it received extensive comment from interested persons, including several realtors and several members of the Town's Marketing & Communications Task Force. Following deliberation, the Commission voted 3 -0 to direct staff to prepare a resolution of denial, which was adopted by a similar 3 -0 -1 vote on August 28, 2014, with Commissioner Welner abstaining. The Resolution is attached as Exhibit C and the minutes of the two Commission meetings are attached as Exhibits D and E. The Planning Commission staff report and correspondence from the August 28, 2013 meeting are attached as Exhibit F. BASIS FOR THE APPEAL There are three (3) grounds upon which the appeal is based: Ground #l: The Planning Commission's decision was: (a) in excess of its jurisdiction and resulted in a prejudicial abuse of discretion in that it was not supported by findings of fact, and findings made were incorrect or inapplicable to this situation; and (b) was not supported by substantial evidence in the record. Staff Response: The Planning Commission has jurisdiction over conditional use permit applications under Section 16- 52.040(A) of the Municipal Code. The Planning Commission's findings are set forth in Resolution 2013 -08, which, as discussed in greater detail below, track the determinations and factors applicable to the CUP process under Section 16- 52.040(B) and (D). The Commission recognized the extensive efforts to revitalize the Downtown area in recent years; the propensity for ground floor offices of the propose type to create "dead spaces" lacking vitality and discouraging pedestrian activity; and found the application inconsistent with General Plan Goal DT -C and General Plan Policy DT -16. Applicable General Plan policies and zoning regulations are attached as Exhibit G. The Town's General Plan is the foundation of all land use decisions in the Town. The General Plan includes factual conclusions and policy decisions, as required by law. One such factual conclusion is that new offices at the street level are incompatible with the Town's revitalization efforts (see Downtown Element Section 4.4, page 4 -5). If an individual applicant disagrees, the remedy is to not to ask the Town to ignore its General Plan, but to request an amendment. Based on its reading of General Plan policies, the prominence of the property at the corner of Main Street and Tiburon Boulevard, its proximity to the ferry landing area and its prime location on Ferry Plaza, the Commission found the use inappropriate for its proposed location. The General Plan and other substantial evidence in the record supports the findings regarding the Downtown revitalization efforts, the tendency of business offices to create "dead spaces" and sap vitality in Downtowns, and to support findings of inconsistency with the General Plan goal and TOWN OF TIBURON PAGE 2 OF 6 Town Council Meeting January 15, 2014 policy. These included the Crandall Arambula Announcement dated July 16, 2013 contained in the August 14, 2013 staff report. In addition to that document, it is a well -known and generally accepted economic -land use principle that in predominantly retail areas, ground floor office uses "erode the retail shopping environment ".I The theory behind first floor retail is that active uses at the pedestrian level encourage pedestrians to walk further and experience more of the retail district, resulting in longer stays, higher consumption, and stronger pedestrian flows.2 "Dead space ", or inactive uses such as office (especially those that close at 5:00 PM) and residential on the ground floor can create the perception of a dead end, signaling to pedestrians that they have reached the end of the retail corridor and should turn back.3 Understandably, municipalities commonly adopt restrictions on Downtown ground floor office uses. A recent City of Novato staff report included the following: Many cities have employed restrictions on ground floor office uses to create a continuous pedestrian- oriented retail core. Office uses do not create retail display areas of interest to pedestrians or public use areas such as outdoor seating, and often out - compete independent retailers in terms of lease rates they can afford. Local examples of cities that have adopted similar ground floor use restrictions include San Rafael, Tiburon, Sausalito, Mill Valley and Petaluma.4 A market analysis study commissioned by the City of San Mateo found the following: The retail frontage requirement for ground floor spaces should be protected, as over time, conversion of street frontage ground floor retail spaces can result in a less vibrant and less active pedestrian environment.5 Of particular importance are corner retail spaces. These larger retail opportunities should be preserved, without any office use on the ground floor.6 The proposed ground floor office use at 1704 Tiburon Boulevard fits the above descriptions for several reasons. First, it is on a corner. Second, the proposed use would likely generate a higher lease rate than prior retail and service uses in that space, out - competing those other uses in that regard. Second, the proposed office use's lack of a retail display area would in all likelihood discourage pedestrians from walking further west along Tiburon Boulevard to the two eating establishments (with outdoor seating) located at 1694 and 1696 Tiburon Boulevard, and the retail and tourist - oriented uses located further west at 1690 Tiburon Boulevard. Ground #2: Assuming the property is subject to the prohibition against ground floor office use, the Commission's decision failed to recognize that the property qualifies for an exception to this policy. Staff Response: This portion of the appeal appears to refer to the Zoning Ordinance Section 16- 22-040(B)(2), which provides for exceptions to the use restrictions of Section 16- 22.030(B)(2). However, the Planning Commission did not base its denial on Section 16- 22.030(B)(2), which prohibits street - fronting, ground floor office uses at specific street addresses. Accordingly, this argument is misplaced. TOWN OF TIBURON PAGE 3 OF 6 Town Council Meeting January 15, 2014 Planning Commission Resolution 2013 -08 denied the application as inconsistent and inappropriate for its proposed location based on the confluence of the following Town laws: General Plan Goal DT -C: To encourage greater pedestrian activity and enjoyment of life in Downtown while respecting surrounding residential uses. Note that the proposed location is indisputably in the Downtown, as defined by the General Plan. General Plan Policy DT -16: In order to encourage pedestrian use and enjoyment of Main Street, the Town shall discourage commercial office uses from occupying ground floor space suitable for retail and restaurants on Main Street and Ark Row. The proposed location is in a building that fronts both Main Street and Tiburon Boulevard. The Planning Commission reasonably interpreted this Policy to apply to the entire building. • Section 16.52.040(D) of the Zoning Ordinance: This section lists factors to be considered in CUP applications. Most relevant to the denial of this application: Subsections 2 (compatibility with existing and future land uses and 4 (protection of, among other things, the public interest and welfare), because the new use would be contrary to both the specific provisions and spirit of the above General Plan provisions and would undermine attempts to re- vitalize the Downtown. Staff notes that determinations required for a CUP by Section 16- 52- 040(B) are inextricably linked to the above factors and the question of General Plan consistency. If the Council agrees that the use would violate the General Plan, and that there are no conditions that would ameliorate that violation, it cannot meet the requirements of Section 16- 52- 040(B)(4) [stipulate conditions that would reasonably assure compatibility with the General Plan]. If the Council finds that the use is not compatible with the existing uses in the vicinity and /or the VC district, or if the Council finds that a street level office at this location is not in the public interest, it will not be able to make the determinations required by Section 16- 52- 040(B)(1) and (2). Ground #3: Substantial evidence in the record exists to establish all of the findings for grant of a conditional use permit under Town Code Section 16 -52 -040. Staff Response: The Planning Commission denied the application because it found that the use would be inconsistent with the General Plan and would be incompatible with the furtherance of the public interest and welfare, as set forth in Section 16- 52- 040(D), due to its prominent location on Fountain Plaza and the ongoing revitalization efforts in the Downtown area. The Council will have to decide independently whether the proposal is consistent with Section 16 -52- 040 based on all the evidence in the record. Section 16 -52 -040 provides that the CUP process is intended to make the five determinations listed in subsection (B) and must consider the five factors listed in subsection (D). The August 14, 2013 staff report noted the following concerns regarding the Section 16- 52- 040(D) factors at pp. 3 -4: TOWN OF TIBURON PAGE 4 OF 6 Town Council Meeting January 15, 2014 • Factor #2: This office use may not be compatible with the more lively surrounding uses that invite more public interaction and interest. As a rule, street -level offices do not attract as many customers as retail and restaurant uses nor do they contribute as much to the pedestrian experience. • Factor #3: The character of the VC zoning district is generally inclined to more active and/or retail - oriented uses on the ground floor. • Factor #4: The public interest might be better served by a use other than professional offices. As noted in connection with Ground 42, the determinations required by Section 16- 52- 040(B) rely to a great degree on these factors. Accordingly, if the Council finds that factors 3 and 4 bear negatively on this application, it will not be able to make the necessary determinations. CONCLUSION The Planning Commission interpreted the intent of the relevant General Plan goals and policies, and the Zoning Ordinance provisions regarding findings for approval of conditional use permits to the best of its ability in promoting the general welfare of the community. However, should the Town Council conclude that the Commission erred in its interpretation or otherwise reached an incorrect decision, the decision could be overturned on that basis. Another option, presented by Decker - Bullock in a letter attached to Exhibit F, offers to "provide a significant section of the space to allow for a Tiburon Visitor Center that could be staffed by volunteers and include space for tourist and local merchant information." The Planning Commission declined to pursue that offer. RECOMMENDATION It is recommended that the Town Council: 1) Hold a public hearing and take testimony on the appeal in accordance with the Town's adopted procedure (see attached Exhibit H), and close the public hearing. 2) Deliberate and, if prepared to do so, indicate its intention to deny the appeal. 3) Direct Staff to return with a resolution denying the appeal for consideration at the next meeting. EXHIBITS A. Notice of Appeal, received September 9, 2013. B. Planning Commission Staff Report (with attachments) of August 14, 2013. C. Planning Commission Resolution No. 2013 -08. D. Minutes of the August 14, 2013 Planning Commission meeting. E. Minutes of the August 28, 2013 Planning Commission meeting. F. Planning Commission Staff Report (with attachments) of August 28, 2013. TOWN OF TIBURON PAGE 5 OF 6 Town Council Nleeting January 15, 2014 G. Relevant General Plan and Zoning Regulations compilation. H. Appeal procedures. NOTES: ' Scott Anderson telephone conversation with George Crandall, FAIA, Principal, Crandall Arambula Urban Design, Planning & Architecture, January 6, 2014. 2 Downtown Frederick Retail Mix Report Research and Community Outreach Initiative, June 10, 2008, p. 19. s Ibid, p. 19. 4 City of Novato staff report, City Council meeting of October 23, 2012, Item 1 -13, p. 2. 5 Downtown San Mateo Market Analysis Update (Draft Report), prepared for the City of San Mateo by AECOM, July 2, 2012, p. 34. 6 Ibid, p. 34. The above - referenced documents are available for review in the Planning Division at Tiburon Town Hall. Prepared By: Scott Anderson, Director of Community Development Ann Danforth, Town Attorney S. WininisirationlTown Co:incillStaff Reports12013Wovember 6 drafts11704 Tiburon Boulevard appeal report. doc TOWN OF TIBURON PAGE 6 OF 6 SEP 0 9 Vii P LA. PP TOWN OF TIBURON NOTICE OF APPEAL Town of Tiburon 1505 Tiburon Boulevard 77buron, CA 94920 Phone 415435 -7373 11 m oi.dburon.caus APPELLANT(S) (Attach additional pages ifnecessary) K2 PROPERTIES, LLC and DECKER BULLOCK REALTY, INC. Mailing Address: P.O. Box 12705, Oakland, CA 94604 510 - 531 -6969 Telephone: (Work) (Home) FAX and/or e-mail (optional): ACTION BEING APPEALED KZ@speakeasy.net Planning Commission Review Authority Whose Decision is Being Appealed: August 28, 2013 Date of Action or Decision Being Appealed: Name of Applicant: Decker Bullock Realty. Inc Type of Application or Decision: Use Permit —1704 Tiburon Blvd. GROUNDS FOR APPEAL (Attach additional pages if necessary) See attached Exhibit "A" p STAFF USE ONLYBELOW THIS LINE rT..HrID I r[' NO. Last Day to File Appeal: Date Appeal Filed: FeePaid: -ISGO - ReceiptNo.TOOY4S Date of Appeal Hearing: i t . NOTE: Current Filing Fee is $500 initial deposit for applicant and $300 flat fee for non - applicant Exhibit "A" I SEP - 9 ZU13 Attachment to Notice of Appeal K2 Properties LLC /Decker Bullock Realty 1704. Tiburon Boulevard The Planning Commission's decision to deny the Use Permit to establish an office use at 1704 Tiburon Boulevard is being appealed on the following grounds. Because the appellant does not have the final Planning Commission's minutes of the meeting, appellant reserves the right to amend or supplement this appeal. 1. The Planning Commission's Decision was in Excess of its Jurisdiction and Resulted in a Preiudicial Abuse of Discretion. (a) The Planning Commission's decision was not supported by findings of fact, and the findings of fact that were made, were incorrect or inapplicable to this situation. The subject property is not located on Main Street or Ark Row and is not subject to the general plan policies that discourage commercial office uses in ground spaces that front on Main Street or Ark Row. The subject property fronts on Tiburon Blvd. (b) The Planning Commission's decision was not supported by substantial evidence in the record. Evidence in the record shows that the subject property is not located on Main Street or Ark Row and is not subject to the general plan policies that discourage office uses in ground floor spaces that front on Main Street or Ark Row. The subject property fronts on Tiburon Blvd. Additionally, the proposed use would not discourage pedestrian activity or create a dead zone; but would in fact encourage pedestrian activity and create a lively interface between visitors and locals. 2. Assuming the Prooerty is Subiect to the Prohibition Against Ground Floor Office Use, the Planning Commission's Decision Failed to Recognize that the Property Qualifies for an Exception to this Policy. Specifically, evidence was submitted that the property is not suitable for retail, restaurant or personal service use. Previous attempts at leasing the space to these types of uses have conclusively shown that physical constraints on the property prohibit-these uses and/or make them not economically viable. 3. Substantial Evidence in the Record Exists to Establish All of the Findings for Grant of a Conditional Use Permit Under Town Code Section 16- 52.040. 950 NORTHGATE DRIVE, SVI7E 200 SAN RAFAEL, CALIFORNIA 94903 WEB www.sorensen1ow.com Scott Anderson, Director of Community Development Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 L A W O F F I C E S 01- NEIL SORENSEN September 9, 2013 Re: Appeal of Use Permit Denial —1704 Tiburon Blvd. Dear Scott: L 1113 TELEPHONE 415 499-8600 FACSIMILE 415 4 91-9 515 EMAIL nell @Sorensenlow.Com This letter accompanies the Notice of Appeal filed by the applicant and appellants from the decision of the Planning Commission on August 28, 2013, denying the Use Permit for a real estate sale office at 1704 Tiburon Blvd. Since I was first retained on September 6, 2013, and will need a minimum of four weeks to review the record and get up to speed on this matter, I would request that the Town Council hearing in this matter not be scheduled until the Council's second meeting in October. If there is a problem with this scheduling, kindly let me know at once. Very truly you NEIL SORENSEN NS /mjs Enclosures cc: K2 Properties LLC Decker Bullock Realty, Inc. Margaret A. Curran, Town Manager To: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Members of the Planning Commission Planning Commission Meeting Augustl4,2013 Agenda Item: / From: Community Development Department Subject: 1704 Tiburon Boulevard; File #11304; Conditional Use Permit to Establish a Real Estate Office in the VC (Village Commercial) Zone; K2 Properties, LLC, Owner; Decker Bullock Realty, Inc., Applicant; Assessor's Parcel Number: 059 - 102 -17 Reviewed By: PROJECT DATA Address: Assessor's Parcel Number: File Number: 1704 Tiburon Boulevard 059 - 102 -17 11304 General Plan Designation: VC (Village Commercial) Zoning: VC (Village Commercial) Owner: K2 Properties, LLC Applicant: Decker Bullock Realty, Inc. Flood Zone: AE (100 -year Storm Special Flood Hazard Area) Date Complete: August 5, 2013 PROJECT DESCRIPTIONBACKGROUND Decker Bullock Realty Inc. is requesting a conditional use permit to establish a real estate sales office in the Village Commercial (VC) zone at 1704 Tiburon Boulevard. The prior tenant in the now vacant space was Maria French Cleaners, a dry cleaning/tailoring use. A conditional use permit is required for the change in use and for a "business and professional office" use, pursuant to zoning ordinance section 16- 22.030. The applicant is proposing to occupy 1,295 square feet of the existing ground floor commercial space at the building located at 10 Main Street/1704 Tiburon Boulevard. This portion of the building fronts Fountain Plaza, a primary public space in Downtown on a prominent comer. The building space is triangular in shape and tapers to almost no width as it approaches Juanita Lane. Application materials state that this would constitute relocation from an existing Tiburon Boulevard office location [1620 Tiburon Boulevard]. Two to three employees are expected to occupy the space at any given time during business hours. A description and operating details of the use are provided in Exhibit 1. A floor plan is attached as Exhibit 2. TOWN OF TIBURON PAGE 1 OF 5 TM NO Planning Commission Meeting August 14. 2013 The building has been commonly known as the Musso Building, where John Musso operated his bakery for many years. Since 1990, uses in the triangular portion of the building facing Tiburon Boulevard have been a jewelry store, clothing stores, and art galleries. In 2010, the Planning Commission approved a conditional use permit for a wine tasting operation, but the use never commenced. The dry cleaning operation moved in shortly thereafter. ANALYSIS General Plan Consistency Certain goals and policies contained within the Land Use Element and the Downtown Element are relevant to this application. These are briefly described below. Land Use Element The subject site is designated Village Commercial (NC), which may typically allow, subject to specific zoning regulations, resident - serving commercial and offices and mixed use (commercial/residential or office /residential) uses. Goal LU -A: To provide an orderly balance of public and private land uses within convenient and compatible locations throughout the community. Goal LU -D: To ensure that all land uses, by type, amount, design, and arrangement, serve to preserve, protect and enhance the small -town residential image of the community and the village -like character of its Downtown commercial area. Policy LU -2: The Town shall limit the type and amount of uses within the Town to those that are compatible with the nature, character and image of the Town as a quiet, small-town residential community with a village -like commercial area. Policy LU -23: The Town shall support a diversity of commercial uses to serve the shopping and service needs of the community. Downtown Element Several downtown element goals and policies are also germane to the application. These are: Goal DT -B: To enhance Downtowns role as the commercial and service center of Tiburon while promoting new resident - serving and visitor- serving uses and facilities. Goal DT -C: To encourage greater pedestrian activity and enjoyment of life in Downtown while respecting surrounding residential uses. Policy DT -1: The Town shall promote a clean, well- maintained Downtown area that serves the commercial, service, and passive recreation needs of the community and is an aesthetically pleasing, friendly, and desirable destination. ioWN OF Tisnao= Page 2 of 5 Pluming Commission Nfcrting August14,2013 Policy DT -3: The Town shall actively promote the economic vitality of its Downtown. Downtown Committee [insert into DT -3 discussion] Policy DT-15: The Village Commercial land use designation (Main Street /Ark Row) may be comprised of tourist- oriented and resident - oriented uses, as well as residential uses. The maximum allowable intensity for lands designated Village Commercial is an FAR of 0.28, except in accordance with Policy DT -6 or where a Transfer of Intensity is approved consistent with Policy DT -9. Policy DT-16: In order to encourage pedestrian use and enjoyment of Main Street, the Town shall discourage commercial office uses from occupying ground floor space suitable for retail and restaurants on Main Street and Ark Row. Zoning Ordinance Conformance VC Zone Regulations — Section 16 -22 The Village Commercial zone is intended to primarily provide for resident - serving commercial and office uses, while allowing souvenir shops, incidental residential uses, and mixed -use commercial/residential projects in accordance with the General Plan. In 2008, the Town amended the zoning ordinance to implement General Plan policy DT -16. New street - fronting ground floor office uses were no longer permitted on Main Street and Ark Row for addresses 1- 100 Main Street, without receiving an exception in conjunction with a conditional use permit. While the proposed use would have a 1704 Tiburon Boulevard address, the building in which it would be located also has addresses of 10 and 14 Main Street. Urban designers and marketing experts have long considered certain types of ground floor uses to be detrimental to vibrant downtown areas, and some firms release short primers on such topics (see Exhibit 3 for an example). But each community is different, and the Commission should weigh the relevance of these general principles to the downtown Tiburon situation. In January, 2010, a major and ongoing downtown revitalization effort began when an ad -hoc Town Council committee was appointed. In 2011, the Town Council received the Downtown Vibrancy Report, which contained numerous recommendations aimed at increasing the vitality of downtown Tiburon. Extensive efforts to improve the vitality of downtown continue to be undertaken as an outgrowth of the Downtown Vibrancy effort. These include the creation and continuing work of the Marketing & Communications Task Force, implementation of the Downtown Circulation & Parking Study recommendations, and promotional efforts by the Director of Marketing. The Commission should consider whether approval of the use permit would be supportive of these ongoing vibrancy endeavors. Use Permit Regulations— Section 16- 52.040 Section 16- 52.040 (D) of the Tiburon Zoning Ordinance lists the following factors to be considered in determining whether or not any conditional use should be permitted in a specific location: TOXAFN OFTmIRON Page 3 of 5 Planning Commission D4ceting August 14. 2013 1. The relationship of the location proposed to the service or market area of the use or facility proposed; transportation, utilities, and other facilities required to serve it; and other uses of land in the vicinity. The proposed office use would be located near the intersection of Main Street and Tiburon Boulevard, fronting on Fountain Plaza. The addresses in the building are 10 and 14 Main Street and 1704 Tiburon Boulevard. There are at least three other real estate offices on the same side of Tiburon Boulevard in the downtown area. The proposed use would relocate the existing Decker Bullock office from 1620 Tiburon Boulevard. The use would be adequately served by the street network, utilities and other support facilities. 2. The compatibility of the design, location, size, and operating characteristics with the existing and future land uses in the vicinity. The proposed use would occupy 1,295 square feet of existing vacant storefront fronting Fountain Plaza. Minor interior tenant improvements are proposed. The proposed operating characteristics and hours of operation are typical of office uses and would not be disruptive of surrounding uses. The use would be compatible with surrounding uses. However, its location on Fountain Plaza and its nearness to the prominent Main Street/Tiburon Boulevard intersection could detract from the vitality of that public space in comparison to other types of uses that invite more public interaction and interest. 3. The probability of impairment to the architectural integrity and character of the zoning district in which it is to be located The architectural integrity of the building would not be affected by the proposed use. The character of the VC zoning district is generally inclined toward more active or retail- oriented uses on the ground floor. 4. The protection of the public interest, health, safety, convenience, or welfare of the Town, or any probability of injury to property or improvements in the vicinity and zoning district in which the real property is located. The proposed use would not generate any activities that would result in health or safety problems or any probability of injury to property or improvements in the vicinity. An argument could be made that the public interest would be better served by a use other than professional offices. 5. The need of the community for additional numbers of such uses, paying particular heed to whether the neighborhood or vicinity is already adequately served by similar uses. This use would be relocating from a building in the next block along Tiburon Boulevard and would not result in a change in the number of realty offices serving area customers. Flood Hazard Zone A portion of the subject property is located in an AE zone, which is an area subject to inundation by the 1% annual chance of flood, or so- called 100 -year storm event. However, the extent of tenant improvements proposed by this use moving into the building is far too small to trigger compliance with the Town's flood prevention ordinance. I o,>v� of TITWR(.)\ page 4 PLlnning Commission N•lecting Augosc 14.2013 Parkin; The 1,295 square foot space was previously occupied by a dry cleaning use, which was recently granted a conditional use permit by the Planning Commission to relocate to the Maritime Center Annex building at 1620 -1630 Tiburon Boulevard, where the existing Decker Bullock office is located. Per the zoning ordinance, an office use requires one parking space for each 300 square feet of net occupiable floor area, for a total of four (4) spaces required for the proposed use. The prior dry cleaningitailoring use also had a requirement of four (4) spaces. The proposed use would therefore not constitute an intensification of parking demand compared to the pre - existing use. There is no on -site parking on the property and this use and prior uses would need to rely on nearby on- street spaces or on private parking lots. PUBLIC CORRESPONDENCE The Town has received no correspondence on this item as of the preparation of this report. ENVIRONMENTAL DETERNIINATION Staff has made a preliminary determination that the subject application is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) per Sections 15301 and 15303 of the CEQA Guidelines. CONCLUSION The proposed use would not conflict with other uses in the vicinity and would likely constitute a stable, long -term tenant in an oddly- shaped commercial space that has seen considerable turnover in the past 25 years. However, from a downtown vitality standpoint, the proposed office use would be much less desirable than a more inviting and interactive retail, food/drink- related, or other type of use that could take better advantage of the prime location on Fountain Plaza and the proximity to Main Street. RECOMMENDATION Staff recommends that the Planning Commission: Hold a public hearing on this item and hear and consider all testimony, and 2. Consider the merits of the application and direct staff to return with an appropriate resolution at the next meeting. The Planning Commission may approve, approve with conditions, or deny the application based on its findings and conclusions. Exhibits: 1. Application Form & Supplemental Materials 2. Floor Plan 3. Crandall Ammbula Marketing Series Example on Downtowns Prepared By: Scott Anderson, Director of Community Development ): \' i7F 11RPR0% Pages s TOWN OF TIBURON LAND DEVELOPMENT APPLICATION 8 Conditional Use Permit o Precise Development Plan • Secondary Dwelling Unit • Zoning Text Amendment • Rezoning or Prezoning o General Plan Amendment o Change of Address TYPE OF APPLICATION • Design Review (DRB) • Design Review (Staff Level) o Variances) # • Floor Area Exception • Tidelands Permit o Sign Permit o Tree Permit L AUG 01 2U 1 3 tN o Tentative Subdivision Map o Final Subdivision Map • Parcel Map • Lot Line Adjustment o Condominium Use Pemtit • Certificate of Compliance • Other APPLICANT REOUIRED INFORMATION A LEAS EA ALE AREA SITE ADDRESS: I!Ot-I'- f- ihUYZ7l �1VC -Y PROPL 1ZTr /�q� 5 PARCEL NUMBER: 0 5q - l el a -1.} m ZONING ;L- PROPERTY OWNER: MAILING ADDRESS: PHONE /FAX NUMBER: APPLICANT (Other thl MAILING ADDRESS: PHONE /FAX NUMBED ARCHITECT/DESIGNER/ENGINEER MAILING ADDRESS: PHONE /FAX NUMBER: E -MAIL: Please indicate with an asterisk (*) persons to whont Town correspondence should be sent. BRIEF DESCRIPTION OF ROPOSEp PROJECT (attack separate skeet if needed): rho 15-1;-I•A r {n `°C� PSCd 1;zEL(tw I 1, the undersigned owner (or authorized agent) of the property herein described, hereby make application for approval of the plans submitted and made a part of this application in accordance with the provisions of the Town Municipal Code, and I hereby certify that the information given is true and correct to the best of my knowledge and belief. I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town grants the approval, with or without conditions, and that action is challenged by a third party, I will be responsible for defending against this challenge. I therefore agree to accept this responsibility for defense at the request of the Town and also agree to defend, indemnify and hold die Town harmless from any costs, claims or liabilities arising from the approval, including, without limitation, any award of attorney's fees that might result from the third party challenge. Signature: ) -I-tl ' Date: 01 AUGuST Zola *If other than ornery mast have an authorization letter from the owner or evidence of de facto control of the property or premises for purposes offtling this application tJU tNV l Y1'1(l1L UGLV YY 1RlJ LLL�L` DEPARTMENTAL'1'ROCESSING INRORMATION Application No.: (1,304 GP Designation:. VC Fee Deposit:'fi f , 6 0, Date Received: S -:.I -.1013 - Received By:,,�.:. Receipt #: L3'7076 Date Deemed Complete: - - By: Acting Body:. Action: Date: - Conditions of Approval or Comments :. - Resolution or Ordinance # BXIIBIT NO. I ;t: V_.4tl Town of Tiburon L L: .: is Conditional Use Permit Application AUG 01 2013 8/1/13 PIANNIP:G DIVISION BRIEF DESCRIPTION OF PROPOSED PROJECT: We propose to relocate a very tasteful upscale real estate office location to downtown Tiburon where it can serve the many local clients we represent, as well as provide helpful information for visitors interested in learning more about Tiburon community. Decker Bullock Sotheby's International is locally and independently owned, the principals have been conducting business in this market for over 25 years, and the brand is synonymous throughout the county with quality and excellent community relations. We are relocating from another Tiburon Blvd location, and have a current Town of Tiburon Business License. This project should be approved for the following reasons: • This is the highest and best use for the space given the suitability of the space for the intended use, and the proposed use's consistency with the general plan. The proposed use represents a historic use, as the space was used as an office by 2M &G Marketing Arts during a 5 year period, from October, 2000 through November, 2005 We can create an environment that enhances the plaza and the neighborhood at large, adding a sense of style and cohesion far superior than a Dry Cleaning Establishment. The Sotheby's International Brand is known worldwide as a luxury brand and reflects well on the local community, emphasizing the cache of the Tiburon and Belvedere community. This use is a less intense use than that of the previous dry cleaning establishment. We will not create the congestion that the pick -up and drop -off activities created, nor the hazards to pedestrians that is attached to such a business. We will have two or three employees on site, and anticipate a steady flow of clients in the middle of the day, when providing an excellent complement to the other businesses in the downtown core. Local agents can answer tourist questions about the area in a much more helpful way since they live in the surrounding locale. • We are prepared to work with the City Planning Commission to comply with all requirements in the spirit of making this project an asset to the downtown. A) Form attached with check. B) Ownership 1) Not Required per Scott Anderson — i) Owner- K2 Properties LLC, PO Box 12705 Oakland, CA 94604 -2705 2) Kia Zandvakili, Manager of K2 Properties LLC and Vesa Becam, Listing Agent, Keegan and Coppin 3) Attached 4) Not required per Scott Anderson 5) Not required per Scott Anderson C) Use and Management 1) a) We anticipate 1 -3 people at the location at a time. This office is designed to be of use to the local owners of real estate in the Tiburon and Belvedere communities, as well as providing local information to visitors considering a move to Tiburon or Belvedere. This will be an asset to the community. b) No specific vehicle traffic increase is expected. There will be minimal garbage, unlike a retail or food establishment. Visitors and locals would presumably be in town for various reasons. We already have an office a few blocks away on Tiburon Blvd, so there will be no net gain by agents. c) Hours are anticipated to be 10am -4pm. We plan to be open to support community events like Friday night on Main Street and be a contributing establishment for all the local functions. d) No product. Real estate and ancillary services. e) No outdoor activities. f) No odors, dust or glare. g) No hazardous materials h) Attached. 2) Not required by Scott Anderson 3) This was a Dry Cleaner. D) No plans to change any of the existing exterior structure. Signage Application and any minor modifications would be submitted upon acceptance of a conditional use permit and will be in compliance with the Town of Tiburon Design Handbook and ADA compliance and local Building requirements. E) Not required per Scott Anderson p. AS7Web : SearcM1 10,eb .. en 9 ,rWj;iarB Property Profile AWN New Search Open New Order Cuatomarland.Rqueat Order Recondite! Do. 55y�� a Comparable Sales I Neighbors I Tax Map 1704 TIburon Sh,d Tiburon CA 94920 ComWnetl fleport PdMeble Version VJM=T Property ,. Services .,,, -_ ..= I.entler Services Other Services User Settings . —,uY: , ...........u�..• Imp Value Sale Date 10V2WIM Owner(a) N2 Propmlles Us Parcel a 058 -102 property 1704 Tiburon Blvd Map Coord ; 527 -Ei Doc Type Grant DeW Tiburon, uon, CA 8452E Census Tract 124200 MBRIN AEEr Po BOx 12705 County Mann 0eMIeM. CA 54804 Owner Phone Le9e1 I.ot Number Tract Number Bled Subdlvlalon ambredsdgr. N Year Built Lot Sim AWSq Ft Bathrooms Quality Air Improvemen6 Gross Area 3500 Style Parking Garage Arm PrepMiy SCB' iniormGtion Imp Value Sale Date 10V2WIM SISq. FL 2nd Mig. Sale Prime 51.5zi,=.W tot Loan Prior Sale Amt 51,251,000.00 Doe No. 78955 Loan Type Prior Sale DL 0W MI18B0 Doc Type Grant DeW %for Date 10/2111999 Prior DOCNO. 57aW Sellar Za dwakifi Nahk Lender Prior Doc Type Grant Da al •SIS, FL is a mileulation of Sales Prioe divided by Sq. Frei_ -laL Inioral.bOn Imp Value 5820.781.00 EminpSOn Unit Value $1,078,420.00 Tex Year /Area 2012IlM Total Value $1,885,181.00 Tax Value 51,8W,181.W Tex Amount 522,75825 Improved 43% Infornampn compiled Rom Vanous sources and is weraW raliable but not guana fted. Paws" Inlolmalion I M13. First American Financial Corooralion I If AUu U't ,� wlm $i z � ,= I L ;i i• i 1 i A ye16W > <am� - •.\ i9 o` ;c yX• 1 .6 a t L P� s 2q r b i Float PIsu% �Q "kk\ 1 •.\ i9 o` ;c yX• 1 .6 a t L P� s 2q r b i Float PIsu% �Q Scott Anderson From: Crandall Arambula Announcement [ca- announcement @ca- city.com] Sent: Tuesday, July 16, 2013 2:50 PM To: Crandall Arambula Announcement Subject: How to Kill A Downtown Revitalizing Cities Series A healthy downtown is a place where people want to live, shop, work and play. All too often, unconstrained market forces and auto traffic degrade the health of the urban environment The Retail Offering is Depleted • Competing strip malls, big box stores, and shopping centers are built outside the downtown, diminishing the downtown's market share and forcing many retailers to close. • The downtown retail environment Is weakened as non - retail uses such as real estate offices, law offices, and exercise studios move into vacant ground -floor retail space. • Retail buildings are demolished to accommodate new banks, office buildings, and surface parking lots. • Traffic lanes are added and curbside parking used by retail customers is removed, further discouraging shoppers. • Retail - friendly two-way streets are changed to one -way streets to accommodate more auto traffic. A Hostile Pedestrian Environment is Created • Sidewalks are narrowed to provide additional traffic lanes, reducing the space needed for outdoor retail displays, benches, restaurant seating and walking side -by -side. • Curbside parking is removed and there is no separation between pedestrians and moving traffic, making pedestrians feel unsafe. • Intersections are widened, increasing crossing distances for pedestrians. • Automatic pedestrian traffic signals are replaced by push buttons, frustrating pedestrians who want to cross a street without having to push a button for permission. • Surface parking lots, drive-through banking facilities, and windowless facades replace the retail storefronts, further degrading the walking experience. • Large civic structures such as government buildings, arenas, and convention centers with ground -level blank wails are built in central downtown locations, creating an environment that feels unsafe. Visual Blight and Chaos are Everywhere Page 1 of 2 How To Kill a incompatible Design • Historic facades are covered with cheap, trendy building materials. • Unique historic buildings are demolished and replaced with characterless modern buildings. • New buildings are constructed next to landmark historic buildings without considering compatibility of design. • Placeless structures that don't reflect regional character, climatic needs or social values, are built • Oversized, garish and inappropriately placed signage creates further visual blight. Fundamental planning actions can be taken to fix downtowns. These include: 1) identification of needed improvements, (2) concept designs that locate and establish the appropriate character of new buildings, open space and special features, (3) an implementation strategy, and (4) guidelines and codes needed to ensure that the intent of the plan is respected. For more information contact. Blank Wails EXHIBIT NO. RESOLUTION NO. 2013-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TI13URON DENYING A CONDITIONAL USE PERMIT APPLICATION TO ESTABLISH AN OFFICE USE AT 1704 TIBURON BOULEVARD ASSESSOR PARCEL NO. 059-102-17 WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows: Section 1. Findines. A. The Town has received and considered an application (File #11304) filed by Decker Bullock Realty, Inc. for a conditional use permit to establish a commercial office use on the ground floor at 1704 Tiburon Boulevard in the Village Commercial zone. The application consists of the application form and supplemental materials received August 1, 2013. B. The Planning Commission held a duly- noticed public hearing on August 14, 2013, and heard and considered all testimony and evidence from interested persons. C. The Planning Commission is aware of the extensive public improvements made to the Fountain Plaza area within the last several years, comprising approximately a half - million dollars in investment in Fountain Plaza, including the installation of the Coming About fountain, benches, landscaping, and surface improvements; and that said improvements along with the Plaza's critical location at the intersection of Main Street and Tiburon Boulevard, have helped to make Fountain Plaza a center of public activity in the downtown area. D. The Planning Commission is aware of the Town's extensive efforts in recent years to revitalize and add vibrancy to the downtown area. In January, 2010, a major and ongoing downtown revitalization effort began when an ad -hoc Town Council committee was appointed. In 2011, the Town Council received the Downtown Vibrancy Report, which contained numerous recommendations aimed at increasing the vitality of downtown Tiburon. Extensive efforts to improve the vitality of downtown continue to be undertaken in furtherance of the Downtown Vibrancy movement. These include the creation and continuing work of the Marketing & Communications Task Force, implementation of the Downtown Circulation & Parking Study recommendations, and promotional efforts by the Director of Marketing. Based on extensive testimony at the public hearing by members of the public and by the Marketing and Communications Task Force, the Planning Commission finds that approval of a ground floor commercial office use in this location would be antithetical to the downtown vibrancy efforts and the substantial prior and planned expenditures of public monies toward the revitalization effort. Based on the applicant's own testimony, the real estate office use would likely remain in the proposed location for many years as a stable tenant, thereby ensuring a long - standing non - interactive ground floor commercial office use along the majority of Fountain Plaza's building frontage. TIBURON PLANNING COMMISSION RESOLUTION NO- 2013-08 AUGUST 28, 2013 L�;.ITT -'T7 NO. y E. The Planning Commission finds, based upon application materials and analysis presented in the August 14, 2013 Staff Report, as well as on testimony received at the August 14, 2013 public hearing, and also based on visits to the site and other evidence in the record, that the project is inconsistent with the goals and policies of the Tiburon General Plan regarding the downtown area. Specifically, the Planning Commission finds that the application is inconsistent with the following goals and policies of the Tiburon General Plan: 1. General Plan Goal DT -C "encourages greater pedestrian activity and enjoyment of life in Downtown while respecting surrounding residential uses ". The Planning Commission concludes that the proposed office use would not contribute to increased pedestrian activity but would create a relative "dead zone" of activity typically associated with ground floor professional and business office uses. 2. General Plan Policy DT -16, in order to encourage pedestrian use and enjoyment of Main Street, discourages commercial office uses from occupying ground floor space suitable for retail and restaurants on Main Street and Ark Row. The Planning Commission, in interpreting the intent and meaning of Policy DT -16, finds that the subject building, with addresses of 10 and 14 Main Street and 1704 Tiburon Boulevard, should properly be considered part of Main Street and that this policy does apply to the property as a whole and therefore to the space in question. The Planning Commission finds the proposed use is inconsistent with Policy DT -16 and that the proposed ground floor commercial office use is wholly inappropriate for the location being sought on the basis of its interpretation of General Plan policies, the prominence of the property at the comer of Main Street and Tiburon Boulevard, its proximity to the ferry landing area, and its prime location of Fountain Plaza. F. The Planning Commission finds with respect to conformance with Zoning Ordinance section 16- 52.040(D), that the proposed use would be incompatible with the furtherance of the public interest and welfare given the extensive revitalization efforts and substantial public and private expenditures in recent years toward the revitalization of the Downtown, and the singular importance of the Fountain Plaza area as a focal point to community beautification and ongoing improvement of the Downtown's vitality and attraction. Section 2. Denial. NOW, THEREFORE, BE IT RESOLVED that based on the above findings, the Planning Commission hereby denies the Conditional Use Permit application for 1704 Tiburon Boulevard (File #11304). PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on August 28, 2013, by the following vote: AYES: COMMISSIONERS: Corcoran, Kulik, Tollini TBURON PLANNING COMMISSION RESOLUTION NO. 2013-08 AUGUST 28, 2013 2 NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Weller ABSTAIN: COMMISSIONERS: Welner N WE R, VICE- CHAIRMAN Tiburon Planning Commission ATTEST: SCOTT ANDERSON, SECRETARY (ACTING) TIBURON PLANNING COMMISSION RESOLUTION NO. 2013-08 AUGUST 28, 2013 PLANNING COMMISSION MINUTES MINUTES NO. 1035 August 14, 2013 Regular Meeting Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California CALL TO ORDER AND ROLL CALL: Vice Chair Weller called the meeting to order at 7:30 p.m. Present: Chair Weller, Commissioner Corcoran and Commissioner Kulik Absent: Vice Chair Welner and Commissioner Tollini Staff Present: Director of Community Development Anderson and Minutes Clerk Rusting ORAL COMMUNICATIONS: None COMMISSION AND STAFF BRIEFING: Chair Weller welcomed Commissioner Kulik to the Board and thanked him for his service. Director Anderson stated that the November Council election filing period closed today and all three incumbents have filed for re- election and Planning Commissioner Tollini was the only one who applied for the two -year seat. He said that it appeared that there would be no election for council members in Tiburon this November. PUBLIC HEARINGS: 1. 1704 TIBURON BOULEVARD: CONDITIONAL USE PERMIT TO ESTABLISH A REAL ESTATE OFFICE IN THE VC (VILLAGE COMMERCIAL ZONE); FILE #11304; K2 Properties, LLC, Owner; Decker Bullock Realty, Inc., Applicant; Assessor's Parcel Number 059 - 102 -17 Director Anderson stated that Decker Bullock Realty, Inc. has applied for a conditional use permit to establish a real estate sales office in the Village Commercial zone at 1704 Tiburon Boulevard. The applicant proposes to occupy 1,295 square feet of the existing ground floor commercial space at the building located at 10 Main Street/1704 Tiburon Boulevard. This portion of the building fronts Fountain Plaza, a primary public space in Downtown on a prominent corner. The building space is triangular in shape and tapers as it approaches Juanita Lane. This would constitute relocation from an existing Tiburon Boulevard office location at 1620 Tiburon Boulevard, which is down the street. The building has been commonly known as the Musso Building, where John Musso operated his bakery for many years. Since 1990, uses in the triangular portion of the building facing Tiburon Boulevard have been a jewelry store, clothing TIBURON PLANNING COMMISSION MINUTES - AUGUST 14, 2013 MINUTES NO. 1035 PAGE I (\ rT stores, and art galleries, and most recently a dry cleaner. In 2010, the Planning Commission approved a conditional use permit for a wine tasting operation, but the use never commenced. The dry cleaning operation moved in shortly thereafter. Director Anderson said that the written staff report provided policies from the land use and downtown elements of the General Plan that were relevant to this application. He noted that the 2005 General Plan, specifically Policy DT -16, discourages commercial uses for first story spaces in portions of Downtown, and this space is a borderline case. In 2008 the Town amended its zoning ordinance to implement Policy DT -16 regarding ground floor office uses to state they were no longer permitted at certain addresses without receiving an exception in conjunction with a conditional use permit. He stated that urban designers and marketing experts have long considered certain uses detrimental to downtowns and this is one type of use that is mentioned. He said that over the past three years the Town has engaged in a robust revitalization effort of downtown, and the Downtown Vibrancy Report makes several recommendations to revitalize downtown and that the Marketing and Communications Task Force and Marketing Director are continuing this effort. With respect to zoning, he noted that the zoning ordinance lists several factors that should be considered in reviewing conditional use permits. In conclusion, he stated that the issue was not that the proposed use was incompatible with its surroundings or any type of nuisance, but rather about the appropriateness of an office use for this particular location given the Town's goals and policies regarding its downtown. Commissioner Corcoran asked if the adoption of the 2008 General Plan policy included an indication of the Council's intention regarding this building. Director Anderson said that that policy was adopted in 2005 as part the General Plan and the zoning following in 2008. He doubted that the General Plan policy discussion reached that level of specificity, but he noted that there was a strong belief some of the ground floor office uses along Main Street had created "dead spaces ", and that the practice of allowing ground floor office space on Main Street should be discouraged. Chair Weller asked if Director Anderson about the "exception" findings required for allowing ground floor office uses in the discouraged areas. Director Anderson read from the zoning ordinance as follows: "An exception to allow street - fronting ground -floor office use otherwise prohibited by section 16- 22.030 provided that a conditional use permit is secured and one or more of the following findings are made: a) The space proposed for the office use is not physically suitable for retail, restaurant, or personal service use, or b) The applicant has provided substantial and compelling evidence that retail, restaurant, or personal service use is not economically viable in the proposed location." Commissioner Kulik asked if it is known why there was so much turnover in this location. Director Anderson said that he could not speak to that issue. Heidi Pay, representing Decker Bullock Realty, said that they looked at this property because they perceive it as a good location and they perceive themselves as providing vibrancy to TIBURON PLANNING COMMISSION MINUTES - AUGUST 14, 2013 MINUTES NO. 1035 PAGE 2 downtown. She said that they are very stable and have an internationally recognized luxury brand that enhances the destination. She noted that the property has an address on Tiburon Boulevard and is therefore exempt from requiring an exception. She said that they represent a significant number of local homeowners on the peninsula and anticipate bringing many local residents to downtown. She said that they did not feel that it would be perceived as a dead zone. She stated that they plan to add something that would not have the look and feel of a traditional office space, and they plan to provide an inviting atmosphere and location for people to come in and peruse the properties for sale in Tiburon. She said that visitors could find out more about the community, the benefits of living in Tiburon, and the community than they could from retail staff. She stated that they are a long term business with a very stable income and they have an office two blocks from the proposed location, so this would simply reflect a move for them. She said that the use would not add traffic or have any negative impact to the community. She stated that it is critical to maintain a level of consistency downtown, and it would help the shopkeepers rather than having continuous turnover and vacancies. She stated that many businesses in this location in the past have not been successful and that there was hardly any other business that could configure itself well to the triangular shape of the building. Chair Weller opened the public hearing. Tom Gram said that Tiburon made some poor planning decisions in the 198O's when it allowed 39 Main. Street to become offices and the old bank building at 55 Main Street to become a law office. These have created dead spaces. He said that people stop when they reach those locations and never make it to Ark Row. He emphasized that Fountain Plaza has become the most prominent spot in downtown over the last several years, and an office use is not needed in this location. He said that he has experience in retail development and the planning rule is to never allow ground floor office in retail streetscape to avoid dead zones. He pointed out that this is clearly discussed in the General Plan. He said that another real estate company recently applied for a location on Main Street, and he discouraged them from pursuing their application for the same reasons, and they ended up not pursuing it. He acknowledged that this space is difficult but added that the high rent is an owner problem and not a Town problem. Commissioner Kulik asked Mr. Gram if he believed the General Plan and zoning had intended to include this space as discouraging ground floor offices. Mr. Gram responded that Fountain Plaza was just getting going and it was not a major part of planning until later. He noted that the Town and donors put up over $500,000 to re-do Fountain Plaza and it was not a major area of concentration at the time, but once the fountain was constructed it became the center of town. He said that this building is a dead space on Fountain Plaza and he thought that the cleaners were a dead space as well. He said that it is not the Town's responsibility to deal with the economics of a particular space. Commissioner Kulik asked Mr. Gram if he considered Fountain Plaza to be part of Main Street. Mr. Gram answered that when the plaza opened and was finished it became the center of town; it is where people come off the ferry, and another office space is not needed in the area. Colin Probert said that he and his wife have lived in Tiburon for 25 years and he is a member of the Marketing and Communications committee for the Town. He said that he was arguing TIBURON PLANNING COMMISSION MINUTES - AUGUST 14, 2013 MINUTES NO. 1035 PAGE 3 against the location of the real estate office in this building. He said that in recent years the downtown has really struggled and stores have had a hard time staying open. He said that the merchants who have invested in their stores have been struggling for a long time before they go out of business. He stated that the Town has been working to bring more business downtown and he believed that the Town should attempt to make that corner an exciting and vibrant location. He said that he has learned that the most important ingredient in a successful business is the product itself. He said that more people need to be brought in and therefore the experience of downtown needs to be better, and a stronger mix of stores and cafes are needed in downtown Tiburon if they want more people to come. He said that this building is the first building one sees when exiting the ferry and is therefore the first impression of what the town is like. He suggested that a fun, energetic, and inviting tenant should go in that location rather than dead office space. He said that he was not exaggerating the importance of one retailer in the right location and pointed out the success of Peet's Coffee in the Cove Shopping Center. He stated that the right business in a particular space really determines the feel of the space, and he felt that this was a pivotal moment for downtown Tiburon. He stated that the Commission should be supporting a vibrant downtown economy. Patrick Sherwood said that the real estate business and its offices are not known for vibrancy. He said that in an effort to bring energy and experiential vitality to downtown, this decision [by the Planning Commission] was critical because this location is "center stage" in downtown Tiburon. He said that this is the building that is seen immediately when coming off the ferry and the fountain was put in that location because it is the center of the town. He said that his hope was to bring more traffic and experiential vitality to downtown, and therefore a business that involves human energy is needed. He said that more people and public art and new business are beginning to come to downtown, and he believed that it is very possible to creatively bring vitality to the area, and that is an important part of why he lives in Tiburon. Michael Koskie said that he is a member of the Marketing and Communications committee and he occupied space in the building for six years. His offices were upstairs, and when he wanted to expand to the downstairs, he was discouraged by the Town and instead created an art gallery on the ground level. He said that the turnover of that space is landlord- related and the landlord is very difficult to deal with. Todd Garrett said that he is also a member of the Marketing and Communications committee. He said that they have worked for over two years to provide a unique vision and position for Tiburon to bring people downtown. He said that when people come to Tiburon they are charmed, noting that the reaction of concierges they have brought to Tiburon has been very positive, and they are organizing trips to Main Street. He felt that it would be a huge mistake to make this space at the center of town a real estate office. He said that the use should be something that is fun to visit, or a fine dining experience, and fulfill the need of the town to provide a vibrant experience for people who visit Tiburon. He said that filling that space with a real estate broker would not be enticing and would not make this look like a unique place to visit. Janice Anderson -Gram pointed out that there are five real estate offices in the area already. She agreed with Mr. Garrett that it would be wonderful if this location was a lively and vibrant space. She felt that this was really not a hard choice [for the Planning Commission] because an office will not provide a lively, exciting space. She said that there would be times when there is no one in the office on weekdays and particularly on the weekends. She said that the committee wants TIBURON PLANNING COMMISSION MINUTES - AUGUST 14, 2013 MINUTES NO. 1035 PAGE 4 this space to be inviting, especially on weekends when people are visiting Tiburon. She said that the Planning Commission should not allow this prime and very visible ground floor space to become another office. She said that there is not a real need for this use in this location given that there are five real estate offices already in the area. Jan Harder, representing ACV Argo Tiburon, which owns several properties in the downtown, said that her company recommends retail uses on the ground floor and office uses on second stories. She pointed out that her own company has office space on second floors and they have refused real estate office offers on the ground floor because of the concerns brought up at tonight's meeting. She said that tenants in the area need the cross - traffic that retailers bring into downtown. She said that office users take up parking for retail users, and office users often park in those areas for hours. She said that those parking spaces should be available for people who want to spend time in the retail shops. She said that office uses downtown are difficult because of that lack of parking. She encouraged keeping retail uses on the ground floor and offices uses on the second floor. Olivia Decker, Decker Bullock Realty, said that she has lived in Tiburon since 1976 and they have two offices on Tiburon Boulevard right now. She said that they bring people to town to buy homes to live in Tiburon and the better downtown they have, the better for her own business, so they therefore have the same goals. She said that the reason they want to move to this location is because it is a better location near the fountain. She said that she wants clients to come in and see them and she suggested setting up tables in front of the office and serving coffee or wine. She said that they have been in their current location since 1988 and have a stable business and they want downtown to be wonderful and improve the value of homes in Tiburon. She said that the town needs vibrancy and she questioned why Tiburon is not as vibrant as other beautiful locations in the world. She said that they want more people to come into the office and this would function like a retail use. She said that they would be working in that office and they plan to host evening gatherings to bring in clients. Vesa Becam, property listing agent with Keegan & Coppin Realty, said that she understood the notion of keeping retail on the ground floor on Main Street, but she pointed out that the property is not on Main Street and has an address on Tiburon Boulevard. She said that this location has always been a problem because it is long and pie shaped. She said that this space has no room for a trash enclosure, needs a second ADA restroom, and lacks an adequate sewer drain, all of which combine to make it nearly impossible to put in a restaurant. She said that a winery tasting room or cafe would not be economically feasible in that location. She said that these businesses are seasonal and people cannot be forced to shop during the off - season. Cindy Shelton, agent with Decker Bullock, said that she works with Olivia Decker. She said that she has heard the concerns about the dead space in downtown and believed that the real estate office would liven up that corner of downtown Tiburon. She noted that most of their offices do not look like office space but are very beautifully decorated with antiques. She said that she has watched people come by and stare in the windows of the real estate office to view their display of flyers, and she felt that there would be a lot of traffic if Decker Bullock was situated in the proposed location. She said that they could be a part of the growth and vibrancy and would help get more people downtown to the area. She said that they would give the space class and appeal, and their office front really engages people. TIBURON PLANNING COMMISSION MINUTES- AUGUST 14, 2013 MINUTES NO. 1035 PAGE 5 Bill Bullock thanked everyone for their comments. He asked the Commission to consider that this is currently a vacant space and there is no other interest in that space and it is not an easy space to lease. He said that Decker Bullock has over 20,000 square feet of space in Marin County and they have not ever missed a rent payment in 22 years. He said that if they lease this space, despite the perception, the use would not diminish the vibrancy of downtown and the space would not be filled for a very long time. Sylvie Zolezzi, agent with Decker Bullock, said that a real estate office is not a dead zone. She said that they provide water and cookies for dogs, candy for kids, and people would come in and interact, and they attracted a lot of people. She said that her office had a lot of community events and was a very vibrant space. Chair Weller closed the public hearing. Commissioner Corcoran asked why the clothing dry cleaners were previously in that space without Commission review. Director Anderson said that a determination was made at that time that the use was similar enough to the prior clothing store. He noted that the wine bar and office uses were substantially different in nature. Commissioner Corcoran thanked Decker Bullock for their contributions to the community and said that this was not a referendum on Decker Bullock. He said that the Planning Commission's decision - making authority binds them to the provisions of the General Plan, and their determination must be whether the use is in compliance with the intentions of the General Plan. He said that the General Plan demonstrates that it is not the intention to have an office space in this particular location. He acknowledged that this is an unusual spot, but he said that the intent of the Council was that this location be considered part of Main Street. He stated that the fountain did not exist in 2005, but if it did this space would have been included in the area that should not allow commercial office use. He agreed with Mr. Gram that the old bank building has created dead space and that Peet's Coffee was a good example of the impact a business can have on the vibrancy of an area. He said that the Planning Commission cannot comment on whether or not it is a good economic decision. Commissioner Kulik thanked Decker Bullock and noted that a lot of good points were made. He said that a tremendous amount of capital was spent by a donor to improve the Fountain Plaza area in 2008 and it is an essential gathering area in downtown Tiburon. He agreed with Commissioner Corcoran that it would have been included as part of Main Street if the fountain existed in 2005. He felt that having an office space that is closed 18 hours a day when they are trying to increase the vibrancy of downtown did not resonate with him. He said that Town policies and regulations were trying to discourage ground floor office use and encourage vitality. Chair Weller agreed with the other Commissioners. He said that Decker Bullock has brought great value to the community and he noted that this was not about the company but rather about the appropriateness of office use in that location. He agreed that this particular location should be included in the Main Street area because it is incorporated in the central public space of the downtown. He said that when the Town Council adopted the zoning ordinance it was reasonable to state that if it can be proven that no other possible use of the space is feasible, then an office use could be considered. He did not think that contention had been proven and he said that he would need to see studies or additional evidence to be convinced. He said that the landlord was TIBURON PLANNING COMMISSION MINUTES - AUGUST 14, 2013 MINUTES NO. 1035 PAGE 6 perhaps going to have to spend the money to upgrade the space if he wants to gain a retail tenant, which is what is encouraged by the Town's General Plan. ACTION: It was M/S (Corcoran/Kulik) to direct staff to return at the next meeting with a resolution denying the conditional use permit application for 1704 Tiburon Boulevard. Motion carried: 3 -0. MINUTES: 2. PLANNING COMMISSION MINUTES — Regular Meeting of July 24, 2013 ACTION: It was M/S (Corcoran/Weller) to approve the minutes of the July 24, 2013 meeting as submitted. Motion carried: 3 -0. �mz1Dw W The Planning Commission adjourned the meeting at 8:45 p.m. JON WELNER, VICE- CHAIRMAN TIBURON PLANNING COMMISSION ATTEST: SCOTT ANDERSON, SECRETARY (ACTING) TIBURON PLANNING COMMISSION MINUTES - AUGUST 14, 2013 MINUTES NO. 1035 PAGE 7 PLANNING COMMISSION MINUTES MINUTES NO. 1036 August 28, 2013 Regular Meeting Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California CALL TO ORDER AND ROLL CALL: Chair Weller called the meeting to order at 7:30 p.m. Present: Vice Chair Welner, Commissioners Corcoran, Kulik and Tollini Absent: Chair Weller Staff Present: Planning Manager Watrous, Director of Community Development Anderson, Assistant Planner O'Malley and Minutes Clerk Rusting ORAL COMMUNICATIONS: None COMMISSION AND STAFF BRIEFING: Planning Manager Watrous noted that there were no items scheduled for the September 11, 2013 meeting, as the one scheduled item was to be continued. MINUTES: PLANNING COMMISSION MINUTES — Regular Meeting of August 14, 2013 ACTION: It was M/S (Corcoran/Tollini) to approve the minutes of the August 14, 2013 meeting as written. Motion carried: 3 -0 -1 ( Welner abstained). OLD BUSINESS: 2. 1704 TIBURON BOULEVARD: CONSIDER ADOPTION OF A RESOLUTION DENYING A CONDITIONAL USE PERMIT APPLICATION TO ESTABLISH A REAL ESTATE OFFICE IN THE VC (VILLAGE COMMERCIAL ZONE); FILE // #11304; K2 Properties, LLC, Owner; Decker Bullock Realty, Inc., Applicant; Assessor's Parcel Number 059- 102 -17 Director Anderson reported that the item for 1704 Tiburon Boulevard was heard at the prior Planning Commission meeting. Following a public hearing and discussion at the meeting, the Planning Commission directed staff to prepare a draft resolution denying this conditional use permit application, with the resolution to be considered for adoption at the next regular meeting. He noted that within the last hour two late mail pieces were received: one from the applicant and TIBURON PLANNING COMMISSION MINUTES AUGUST 28, 2013 MINUTES NO. 1036 PAGE 1 EXHIBIT NO. one from the owner of the property. While not required by the Town's late mail policy, he suggested the Commission take a few moments to read and consider the late mail. Heidi Pay, applicant, read into the record the letter that was submitted as late mail from herself, Olivia Decker and Bill Bullock [letter attached to these minutes]. There were no public comments. Commissioner Corcoran noted the last paragraph of Section 1 of the draft resolution should be labeled "P" instead of "D ". Vice Chair Welner stated that he was not in attendance at the initial meeting and would abstain from voting tonight. He said that he was surprised that the Commission went in the direction it did with regard to a viable business moving in and conducting productive work in downtown. Commissioner Corcoran responded that generally in recent years the movement has been away from commercial office space on the ground floor to encourage a vibrant pedestrian community. He pointed out the other properties on Main Street that have become office space had created "dead space" and impacted foot traffic in the area. He said that the General Plan and zoning code reflect a preference toward non -office spaces on the ground floor level. Commissioner Tollini stated that she had familiarized herself with the project and record and was prepared to vote on the resolution. ACTION: It was M/S (Corcoran/Tolhni) to adopt the draft resolution denying the application for 1704 Tiburon Boulevard, with the correction noted by Commissioner Corcoran. Motion carried: 3 -0 -1 ( Welner abstained). PUBLIC HEARINGS: 3. 20 UPPER CECILIA WAY: REQUEST TO AMEND THE TIBURON HIGHLANDS PRECISE PLAN (PD #15) TO EXTEND THE BUILDING ENVELOPE FOR LOT 28; FILE #31302; Michael and Audrey Levernier, Owners; Heckmann Architects, Applicant; Assessor's Parcel No. 034 - 360 -24 Assistant Planner O'Malley said that the applicant proposed to amend the Tiburon Highlands Precise Plan for the property located at 20 Upper Cecilia Way. The project would expand the existing building envelope on the east side of property for purposes of constructing additions to an upper deck and new exterior stairways with guardrails to connect to a new at -grade lower deck. The property is currently developed with a single - family dwelling and is bordered by single - family dwellings to the north, west, and south and open space to the east. The building envelope would be expanded by 207 square feet on the eastern side of the property, with a depth of twenty — three feet (23') and a length of nine feet (T). The proposed addition to the upper deck would continue to provide access from the existing family room. TIBURON PLANNING COMMISSION MINUTES AUGUST 28, 2013 MINUTES NO. 1036 PAGE 2 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Members of the Planning Commission Community Development Department Planning Commission Meeting August 28, 2013 Agenda Item: Subject: 1704 Tiburon Boulevard: Consider Adoption of a Resolution Denying a Conditional Use Permit Application to Establish a Real Estate Office in the VC (Village Commercial) Zone; K2 Properties, LLC, Owner; Decker Bullock Realty, Inc., Applicant; Assessor's Parcel Number: 059 - 102 -17; File #11304 Reviewed By: BACKGROUND Following a public hearing and discussion at its August 14, 2013 regular meeting, the Planning Commission directed staff to prepare a draft resolution denying this conditional use permit application, with said resolution to be considered for adoption at the next regular meeting. The draft resolution is attached as Exhibit 1. Draft minutes of the August 14, 2013 meeting are also included in this Planning Commission packet, and will be taken up prior to action on this Resolution. 00 &TWIS31)wl Planning Commissioners who were not present at the August 14, 2013 meeting may abstain from voting on the Resolution or may choose to vote on it after having read the record (staff report, minutes, etc.) and familiarized themselves with the application and the proceedings of the meeting at which it was discussed. A simple majority vote of those Commission members voting is necessary to adopt the Resolution. Abstentions are not votes. RECOMMENDATION Staff recommends that the Planning Commission adopt the draft Resolution. Exhibits: 1. Draft Resolution Prepared By: Scott Anderson, Director of Community Development TOWN OF TI uRON PAGE 1 OF 1 r-� RESOLUTION NO. 2013- DRAFT' A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON DENYING A CONDITIONAL USE PERMIT APPLICATION TO ESTABLISH AN OFFICE USE AT 1704 TIBURON BOULEVARD ASSESSOR PARCEL NO. 059- 102 -17 WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Town has received and considered an application (File #11304) filed by Decker Bullock Realty, Inc. for a conditional use permit to establish a commercial office use on the ground floor at 1704 Tiburon Boulevard in the Village Commercial zone. The application consists of the application form and supplemental materials received August 1, 2013. B. The Planning Commission held a duly- noticed public hearing on August 14, 2013, and heard and considered all testimony and evidence from interested persons. C. The Planning Commission is aware of the extensive public improvements made to the Fountain Plaza area within the last several years, comprising approximately a half- million dollars in investment in Fountain Plaza, including the installation of the Coming About fountain, benches, landscaping, and surface improvements; and that said improvements along with the Plaza's critical location at the intersection of Main Street and Tiburon Boulevard, have helped to make Fountain Plaza a center of public activity in the downtown area. D. The Planning Commission is aware of the Town's extensive efforts in recent years to revitalize and add vibrancy to the downtown area. In January, 2010, a major and ongoing downtown revitalization effort began when an ad -hoc Town Council committee was appointed. In 2011, the Town Council received the Downtown Vibrancy Report, which contained numerous recommendations aimed at increasing the vitality of downtown Tiburon. Extensive efforts to improve the vitality of downtown continue to be undertaken in furtherance of the Downtown Vibrancy movement. These include the creation and continuing work of the Marketing & Communications Task Force, implementation of the Downtown Circulation & Parking Study recommendations, and promotional efforts by the Director of Marketing. Based on extensive testimony at the public hearing by members of the public and by the Marketing and Communications Task Force, the Planning Commission finds that approval of a ground floor commercial office use in this location would be antithetical to the downtown vibrancy efforts and the substantial prior and planned expenditures of public monies toward the revitalization effort. Based on the applicant's own testimony, the real estate office use would likely remain in the proposed location for many years as a stable tenant, thereby ensuring a long - standing non - interactive ground floor commercial office use along the majority of Fountain Plaza's building frontage. TIBURON PLANNING COMMISSION RESOLUTION NO, 2013dmft AUGUST 28, 2013 E- YINIBIT NO. I E. The Planning Commission finds, based upon application materials and analysis presented in the August 14, 2013 Staff Report, as well as on testimony received at the August 14, 2013 public hearing, and also based on visits to the site and other evidence in the record, that the project is inconsistent with the goals and policies of the Tiburon General Plan regarding the downtown area. Specifically, the Planning Commission finds that the application is inconsistent with the following goals and policies of the Tiburon General Plan: 1. General Plan Goal DT -C "encourages greater pedestrian activity and enjoyment of life in Downtown while respecting surrounding residential uses ". The Planning Commission concludes that the proposed office use would not contribute to increased pedestrian activity but would create a relative "dead zone" of activity typically associated with ground floor professional and business office uses. 2. General Plan Policy DT -16, in order to encourage pedestrian use and enjoyment of Main Street, discourages commercial office uses from occupying ground floor space suitable for retail and restaurants on Main Street and Ark Row. The Planning Commission, in interpreting the intent and meaning of Policy DT -16, finds that the subject building, with addresses of 10 and 14 Main Street and 1704 Tiburon Boulevard, should properly be considered part of Main Street and that this policy does apply to the property as a whole and therefore to the space in question. The Planning Commission finds the proposed use is inconsistent with Policy DT -16 and that the proposed ground floor commercial office use is wholly inappropriate for the location being sought on the basis of its interpretation of General Plan policies, the prominence of the property at the comer of Main Street and Tiburon Boulevard, its proximity to the ferry landing area, and its prime location of Fountain Plaza. D. The Planning Commission finds with respect to conformance with Zoning Ordinance section 16- 52.040(D), that the proposed use would be incompatible with the furtherance of the public interest and welfare, given the extensive revitalization efforts and substantial public and private expenditures in recent years toward the revitalization of the Downtown, and the singular importance of the Fountain Plaza area as a focal point to community beautification and ongoing improvement of the Downtown's vitality and attraction. Section 2. Denial. NOW, THEREFORE, BE IT RESOLVED that based on the above findings, the Planning Commission hereby denies the Conditional Use Permit application for 1704 Tiburon Boulevard (File #11304). PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on August 28, 2013, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: TIBURON PLANNING COMMISSION RESOLUTION NO. 2013-draft AUGUST28.2013 ABSENT: COMMISSIONERS: Weller ABSTAIN: COMMISSIONERS: JON WELNER VICE - CHAIRMAN Tiburon Planning Commission SCOTT ANDERSON, SECRETARY (ACTING) TIBURON PLANNING COMMISSION RESOLUTION NO. 2013 -draft AUGUST 28, 2013 LATE MAIL # 2, K2 Properties, LLC Post Office Box 12705 Oakland California 94604 -2705 - - I AUG 2 8 2013 _. 28 August 2013 Members of the Planning Commission, the Community Development Department, and all others to whom this may concern: Unfortunately, the Town of Tiburon ( "TOT ") is forcing my hand and making me involve attorneys. I have always had a good relationship with all of you so it's a shame that it has come to this. My understanding is that in order to present various issues for an appeal after tonight's decision to deny Decker Bullock Realty's application, I must present them now. So, I will enumerate the various points I will address with my attorneys during the appeal and /or litigation process. These items are in no particular order of importance - they are all important: In reference to Resolution No. 2013 -DRAFT for File #11304 Section 1. Findings: C. The Fountain Plaza area is mentioned. Decker Bullock Realty has already said that they would entertain including a visitor center in the space and allow for Tiburon volunteers to attend to visitor needs for extended hours. This would create more vibrancy and be a place local merchants can advertise their businesses. At the outset, Decker Bullock Realty was told that the use of office space was acceptable but that the Town did not want additional impact from traffic or increased density for parking. The application for office use included a plan with reduced impact to abide by Town of Tiburon directives. At the hearing, the Town of Tiburon reversed its position and cited lack of vibrancy and short business hours. A busy local real estate office with local clientele, such as Decker Bullock Realty, would bring locals into the downtown area. D. First, the Planning Commission should not have its policies dictated by a marketing group. Second, Mr. Dick Collins (may he rest in peace) and Mr. Jim Fraser met with me and my commercial brokers several years ago and assured us that they are trying to make things easier for everyone while working on creating the downtown vibrancy. A few months ago, Ms. Peggy Curran and Mr. Jim Fraser asked to meet with my commercial brokers to have more discussions in this regard. My brokers told me that the meeting went very well and that they were promised that this sort of obstructionism would not occur. Well, it is happening. E.2. The Town of Tiburon keeps insisting that the space under consideration is on Main Street. The space is NOT on Main Street. It is on Tiburon Boulevard, it has a Tiburon Boulevard address, and even the County of Marin recognizes the address as Tiburon Boulevard. THE PREMISES IS NOT ON MAIN STREET. (The resolution incorrectly addresses item F as item D again.) F. When the Town of Tiburon amended the General Plan to create the DT zoning, the Plaza location was already a common area. There were already benches. Events (like Friday Nights on Main) were already taking place in that location. It cannot be inferred that the zoning was meant to be any other than what was approved at the time, which allowed for Ground Floor Office Space on Tiburon Boulevard. The following issues are pertinent to other challenges which I will bring up: 1. The Town of Tiburon has a history of denying many prospective tenants or creating such a high bar of entry that the cost of doing business for the tenants is unfeasible (wine tasting room, juice bar /day spa, bike rentals, delicatessen, etc.) for this particular location. 2. Heidi Pay from Decker Bullock Realty, was informed by Town of Tiburon staff on three occasions that this space was zoned for office use and that there was no problem. Then, arbitrarily, you changed your mind and said that there are a number of issues including conditional use permit requirements as well as extensive ADA improvements needed to allow the space to be used for an office. 3. Decker Bullock Realty is already operating a block away; they are merely relocating their office to another Tiburon Blvd address. The addition of a fountain in the area at the outside of my building, should not serve to restrict my ability to lease to tenants who meet the current zoning requirements. Furthermore, the plaza area already had a structure but was replaced with a fountain structure. 4. The Town of Tiburon is arbitrarily interpreting the zoning codes. The zoning code clearly permits office use along Tiburon Boulevard but my building is being singled out. Decker Bullock Realty is already a block away but when it comes to my building, all of a sudden, there is a problem. 5. It has become painfully clear that the Town of Tiburon is discriminating against my building and against me. 6. I am incurring monetary damages because of your arbitrary interpretations and applications of the zoning codes. Furthermore, I incurred monetary damages from every prospective tenant you turned away. Now, I will be incurring more monetary damages since I am forced to involve my attorneys. 7. The Town of Tiburon is making unreasonable recommendations to produce a food service tenant since the space is not built for such use. In order to bring a small space like that up to code for food use is not feasible. There is no place for garbage and extremely limited space for storage so retail is also problematic in that specific location. 8. The challenges of renting this space will result in an extended time of vacancy which creates an unsightly dead space. 9. The previous food service tenant was approved, but during the process of preparing for construction, determined that the Town was obstructing their improvements and rendering the needed upgrades unfeasible to accomplish. For example, the winery who tried several years ago was told that they could not place a temporary dumpster outside for removing debris. How is a contractor supposed to work if he can't remove debris? Once again, your demands are unreasonable. The Town of Tiburon is giving/making contradictory recommendations and making sure the space sits empty. Thank you for time and attention to these matters Sincerely, -)/4' Kia Zaadvakili K2 Properties, LLC Scott Anderson From: Kia (kz @speakeasy.net) Sent: Wednesday, August 28, 2013 6:51 PM To: Peggy Curran; Scott Anderson; Dan Watrous; Connie Cashman; Councilmember Jim Fraser Subject: File #11304 / Resolution No. 2013 -DRAFT / other items 2013_OB_28.pdf 2013_08 -28 sign (63 KB) ature-page.pdf... Town of Tiburon personnel: It is with great dismay that I submit the attached letter for inclusion in tonight's records. Ms. Heidi Pay of Decker Bullock Realty is also hand - delivering a copy of the letter before the meeting commences. Kia Zandvakili K2 Properties, LLC LATE MAIL # 1, Members of the Planning Commission and Ad Hoc Committee, Olivia Decker, Bill Bullock and I would like to express our sincere gratitude for your gracious consideration of our application to lease the space at 1704 Tiburon Blvd, Tiburon, and for the positive comments about Decker Bullock made by those who opposed the application. We have great appreciation for the concern, extensive efforts and thought that the Planning Commission and Ad Hoc committee have devoted to developing the vibrancy of the downtown and the beautification that has taken place over time. We are in full agreement that the Plaza space is of special interest and should be maximized for the benefit of all the downtown merchants. It was our understanding, from the Landlord and Leasing Agent, Vesa Becam of Keegan and Coppin, that the space has very specific challenges that make the long term sustainability of a retail or food establishment questionable, and that appears to be confirmed by the amount of historical turnover. We do not wish to occupy a space that could provide a greater good to the community, however, if those options prove to be unfeasible, we hope that we could work with the committee to establish a use that is consistent with supporting the local businesses and vibrancy of the town for locals and tourists. We would be grateful to have an opportunity to meet with members of the Ad -Hoc Committee to discuss creative solutions each member may feel could contribute to making that space superior to the past and other considered uses. This includes, but is not limited to an offer by our firm to provide a significant section of the space to allow for a Tiburon Visitor Center that could be staffed by volunteers and include space for tourist and local merchant information. We also expect that we would take a very active role in the Friday Night on Main Street and other downtown festivities. We had been cautioned prior to the application submission, not to increase the use, density or contribute to parking impaction, which is why we suggested limited hours, but these too could be modified to meet the needs of the community at large. While most offices do not encourage visitors or locals to frequent them, real estate offices, particularly one design specifically for walk -in traffic, would be likely to draw the locals to town. It is our experience that visitors are very interested in the prices of homes when they travel and consider a move to a new location. Our listings support the high values of homes in Tiburon and Belvedere. We feel this could be a win -win for the town by securing a long term tenant with an upscale business that appeals to both locals and visitors and would reflect well on the prestige and appearance of the downtown area. We are prepared and are offering to work cooperatively with all of those individuals who have given so much of their time, effort and dedication to the downtown environment to explore all alternative options. Thank you for your thoughtful consideration. 4�6cb Heidi Pay, COO Decker Bullock Sotheby's International Realty 1620Tiburon Blvd, Tiburon, CA AUG 282[113 PLAN 11NG !- 1VI31ON RELEVANT GENERAL PLAN GOALS AND POLICIES AND ZONING REGULATIONS Land Use Element Goal LU -A: To provide an orderly balance of public and private land uses within convenient and compatible locations throughout the community. Goal LU -D: To ensure that all land uses, by type, amount, design, and arrangement, serve to preserve, protect and enhance the small -town residential image of the community and the village -like character of its Downtown commercial area. Policy LU -2: The Town shall limit the type and amount of uses within the Town to those that are compatible with the nature, character and image of the Town as a quiet, small-town residential community with a village -like commercial area. Policy LU -23: The Town shall support a diversity of commercial uses to serve the shopping and service needs of the community. Downtown Element Goal DT -B: To enhance Downtowns role as the commercial and service center of Tiburon while promoting new resident-serving and visitor- serving uses and facilities. Goal DT -C: To encourage greater pedestrian activity and enjoyment of life in Downtown while respecting surrounding residential uses. Policy DT -1: The Town shall promote a clean, well- maintained Downtown area that serves the commercial, service, and passive recreation needs of the community and is an aesthetically pleasing, friendly, and desirable destination. Policy DT -3: The Town shall actively promote the economic vitality of its Downtown. Downtown Committee [insert into DT -3 discussion] Policy DT -15: The Village Commercial land use designation (Main Street /Ark Row) may be comprised of tourist- oriented and resident-oriented uses, as well as residential uses. The maximum allowable intensity for lands designated Village Commercial is an FAR of 0.28, except in accordance with Policy DT -6 or where a Transfer of Intensity is approved consistent with Policy DT -9. Policy DT -16:In order to encourage pedestrian use and enjoyment of Main Street, the Town shall discourage commercial office uses from occupying ground floor space suitable for retail and restaurants on Main Street and Ark Row. EXHIBirl" .0. r. Tow; oFTlalatoN MmciPALCouE —Tina IV, CHAPTER 16, ZONING ORDINANCE 16- 52.040 - Conditional Use Permit A. GeneraL The Planning Commission may grant a Conditional Use Permit to authorize a specific use and/or structure devoted to such use on a specific lot within a zone where such use and/or structure is allowed as a conditional use. The procedures and requiremeats set forth herein, together with any other provisions in this Zoning Ordinance concerning the specific conditional use, shall govem the granting or denial of a Conditional Use Permit. B. Purposes. The uses listed as conditional uses are declared to be uses possessing characteristics of such unique and special qualities as to require special review to determine whether or not any such use should be permitted in a specific location that may be proposed The purposes of the review are to: 1. Determine whether the location proposed for the conditional use is properly related to the development of the neighborhood or vicinity as a whole; 2 Determine whether the location proposed for the particular conditional use would be reasonably compatible with the types of uses normally permitted in the surrounding area; 3. Evaluate whether or not adequate facilities and services required for such use exist or can be provided; 4. Stipulate such conditions and requirements as would reasonably assure that the basic purposes of this Zoning Ordinance and the objectives of the General Plan would be served; and 5. Determine whether the Town is adequately served by similar uses presently existing or recently approved by the Town. C. Applicability. Uses listed as allowed by a Conditional Use Permit, and the similar or accessory uses which, in the opinion of the Director conform to the purposes of such zone, are not permitted in such zone unless a Conditional Use Permit has been granted. D. Special considerations. Factors to be considered in determining whether or not any conditional use should be permitted in a specific location are: 1. The relationship of the location proposed to: a. The service or market area of the use or facility proposed, b. Transportation, utilities, and other facilities required to serve it, and Other uses of land in the vicinity; 2. The compatibility of the design, location, size, and operating characteristics with the existing and future land uses in the vicinity. 3. The probability of impairment to the architectural integrity and character of the zoning district in which it is to be located. 4. The protection of the public interest, health, safety, convenience, or welfare of the Town, or any probability of injury to property or improvements in the vicinity and zoning district in which the real property is located. 5. The need of the community for additional numbers of such uses, paying particular heed to whether the neighborhood or vicinity is already adequately served by similar uses. Article V - 2oning Pertnft Procedures Effective 9 -14 -2012 V -21 RESOLUTION NO. 17-2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING AN AMENDED POLICY FOR THE PROCESSING, SCHEDULING, RECONSIDERATION, AND STORY POLE REPRESENTATION OF APPEALS, AND SUPERSEDING EXISTING POLICIES WHEREAS, the Town receives and hears appeals from decisions of various commissions, boards and administrative officials from time to time, and WHEREAS, the Town Council has adopted various policies over the years with respect to appeal procedures, scheduling, and reconsideration, including Resolutions Nos. 2878 and 3218 and Town Council Policy Nos. 95 -01 and 2002 -01; and WHEREAS, the Town Council has determined that it is timely and appropriate to update and consolidate these policies regarding appeals; and WHEREAS, the Town Council has held a public meeting on this matter on March 17, 2010 and has heard and considered any public testimony and correspondence; and NOW, THEREFORE, BE IT RESOLVED that Town Council Resolution No. 2878, Town Council Resolution No. 3218, Town Council Policy 95 -01, and Town Council Policy 2002 -01 are hereby superseded by this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon does hereby adopt the following general policy with respect to processing, scheduling, and reconsideration of appeals and for story pole installation for appeals. APPEAL PROCEDURE The Municipal Code sets forth instances when persons may appeal a decision by a review authority (e.g. Town official, Design Review Board or Planning Commission) to the Town Council. Any person making such an appeal must file a completed Town of Tiburon Notice of Appeal form, available on the Town's web site and at Town Hall, with the Town Clerk not more than ten (10) calendar days following the date of the decision being appealed. Shorter time frames for filing an appeal apply to certain types of permits. If the final day to appeal occurs on a day when Town Hall is closed for public business, the final day to appeal shall be extended to the next day at which Town Hall is open for public business. Appeals may not be revised or amended in writing after the appeal period filing date has passed. Tiburon Town Council Resolution No. 17 -2010 0311712010 I IZ-H -I I}IT NO.. 14 2. The appellant must submit filing fees with the Notice of Appeal form. Filing fees are set forth in the Town's current adopted Fee Schedule. (a) If the applicant is the appellant, the remainder of the filing fee (if any) will be refunded following completion of the appeal process. Additional staff time or costs to process an applicant's appeal is the financial responsibility of the applicant and will be billed per the Town's current hourly rate schedule and/or at actual cost if outside consulting is required. (b) If the appellant is not the applicant, then a fixed amount filing fee is required with no refund or additional billing required. 3. In the appeal form, the appellant shall state specifically either of the following: (a) The reasons why the decision is inconsistent with the Tiburon Municipal Code or other applicable regulations; or (b) The appellant's other basis for claiming that the decision was an error or abuse of discretion, including, without limitation, the claim that the decision is not supported by evidence in the record or is otherwise improper. If the appellant is not the applicant, the Town Council need only consider on appeal issues that that the appellant or other interested party raised prior to the time that the review authority whose decision is being appealed made its decision. 4. The appellant must state all grounds on which the appeal is based in the Notice of Appeal form filed with the Town Clerk. Neither Town staff nor the Town Council need address grounds introduced at a later time that were not raised in the Notice of Appeal form. 5. The procedure for presentation of the appeal at the Town Council meeting is as described below. In cases where the applicant is the appellant, paragraphs (c) and (f) below would not apply. (a) Town Staff may make a brief (approximately 10 minute) presentation of the matter and then respond to Town Council questions. (b) Appellant and/or appellant's representative(s) may make a presentation of no more than twenty (20) minutes and then respond to Town Council questions. Appellant may divide up the twenty (20) minutes between various speakers or have only one speaker, provided that the time limit is observed. Time devoted to responding to Town Council questions shall not be included as part of the twenty (20) minute time limit. (c) Applicant and/or applicant's representative(s) may make a presentation of no more than twenty (20) minutes and then respond to Town Council questions. Applicant may divide up the twenty (20) minutes between various speakers or have only one speaker, provided that the time limit is observed. Time devoted to responding to Tiburon Town Council Resolution No. 17 -2010 0311712010 Town Council questions shall not be included as part of the twenty (20) minute time limit. (d) Any interested member of the public may speak on the item for no more than three (3) minutes. A speaker representing multiple persons (e.g., homeowner's association, advocacy group or official organization, etc.) may speak on the item for no more than five (5) minutes, at the discretion of the Mayor. (e) Appellant is entitled to an up to three (3) minute rebuttal, if desired, of any comments previously made at the hearing. (f) Applicant is entitled to an up to three (3) minute rebuttal, if desired, of any comments previously made at the hearing. 7. The testimony portion of the appeal hearing is closed and the Town Council will begin deliberations on the appeal. There will be no more applicant, appellant, or public testimony accepted unless requested by the Town Council. 8. If, following deliberation, the Town Council is prepared to make a decision on the appeal, it will direct Town staff to return with a draft resolution setting forth the decision, and the findings upon which it is based, for consideration at a future Town Council meeting. The decision of the Town Council is not final until the resolution is adopted. Alternatively, if the Town Council is not prepared to make a decision on the appeal, it may: (a) Continue the appeal to a future date; (b) Remand the item to the review authority from which it was appealed for further hearing, review and action, with a specific description of the outstanding and unresolved issues and appropriate direction thereon; or (c) Refer the item to another review authority for its review and recommendations prior to further Town Council consideration. 9. Following a final decision by the Town Council, Town staff will promptly mail a Notice of Decision to the applicant and appellant. RECONSIDERATION If, after the Town Council has voted to direct staff to prepare a resolution of decision, significant new information comes to light, which information was previously unknown or could not have been presented at the appeal hearing due to circumstances beyond the parties' control and not due to a lack of diligence, the Town Council may entertain a motion to reconsider its direction to prepare a resolution of decision. Any such motion to reconsider must be made prior to adoption of the resolution of decision, and the motion must be made by a Councilmember who voted on the prevailing side in the vote sought to be reconsidered. Any Councilmember may second the motion. The Town Council may consider and vote on the motion to reconsider at that time, and if the motion carries, the matter shall be placed on a future agenda for farther notice and hearing. Tiburon Town Council Resolution No. 17 -2010 0311712010 SCBEDULLVG OFAPPEALS The Town's policy is to schedule and hear appeals in an expeditious manner. Appeals will generally be heard at the first regular Town Council meeting that is at least fifteen (15) days after close of the appeal period. At the sole discretion of the Town Manager, the Town may schedule the appeal for a subsequent Town Council meeting based on the complexity of the matter, availability of key Town staff members and Councilmembers, agenda availability, or unusual circumstances. Town staff will make reasonable efforts to establish the hearing date for the appeal within three (3) working days of the close of the appeal period. The Town Clerk, in coordination with appropriate Town staff, will promptly advise all parties to the appeal of the selected hearing date. 2. The Town Manager will grant requests for continuances from the date established above in the event that all parties to the appeal agree in writing to a date specific for the continuance and that date is deemed acceptable by the Town Manager. Attendance of parties to an appeal at the hearing is desired, but not required. The Town Council will consider written comments or representation by others in lieu of personal appearance. STORYPOLES For appeals where story poles were erected for review of the original decision being appealed, a story pole representation shall be required for the Town Council's appeal review process, as follows: A story pole plan showing the poles to be connected, including location and elevations of poles and connections, shall be submitted, reviewed, and accepted as adequate by Planning Division Staff prior to installation of the poles and connections. 2. Critical story poles, as determined by Staff, must be connected by means of ribbons, caution tape, rope or other similar and highly visible materials clearly discernable from a distance of at least three - hundred (300) feet in clear weather, to illustrate the dimensions and configurations of the proposed construction. 3. Story poles and connecting materials must be installed at least ten (10) days prior to the date of the appeal hearing before the Town Council. 4. Failure to install the poles and materials in a timely manner may result in continuance of the public hearing date. Tiburon Town Council Resolution No. 17 -2010 0311712010 5. Story poles must be removed no later than fourteen (14) days after the date of final decision by the Town Council. APPLICABILITY This policy, while primarily written for use by the Town Council, is intended to apply to the extent practicable to Town decision - making bodies, other than the Town Council, which may hear appeals from time to time. Be advised that certain types of appeals, such as appeals of staff - level design review application decisions to the Design Review Board, may have different deadlines for filing of the appeal than the ten (10) calendar days specified above. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 17, 2010, by the following vote: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks & O'Donnell NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Slavitz RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Resolution No. 17 -2010 0311712010