HomeMy WebLinkAboutTC Res 2014-02-05RESOLUTION NO. 03 -2014
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON DENYING AN APPEAL BY K2 PROPERTIES, LLC AND
DECKER BULLOCK REALTY, INC. OF THE PLANNING
COMIVIISSION'S DENIAL OF A CONDITIONAL USE PERMIT
APPLICATION TO ESTABISH A REAL ESTATE BUSINESS OFFICE AT
1704 TIBURON BOULEVARD
(ASSESSOR PARCEL NO. 059-102-17)
WHEREAS, on August 1, 2013, the Town of Tiburon received an application
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 (VC)
zone. The application consists of the application form and supplemental materials received
August 1, 2013; and
WHEREAS, on August 14, 2013 the Planning Commission (Commission) held a
public hearing on a conditional use permit application (File #11304) and heard and
considered testimony from interested persons; and
WHEREAS, on August 28, 2013, the Commission voted 3 -0 -1 (Welner
r abstaining) to deny the application by adopting Resolution 2013 -08; and
l WHEREAS, on September 9, 2013, the property owner and applicant filed a
timely appeal of the Commission's decision; and
WHEREAS, on January 15, 2014, the Town Council held a duly- noticed public
hearing on the appeal, during which testimony was heard and considered regarding the
proposed project and the Commission's review of the application; and
WHEREAS, the project application consists of File #11304 on file with the Town
of Tiburon Community Development Department. The official record for this project
application is hereby incorporated and made part of this resolution. The record includes,
without limitation, the staff report, minutes, application materials, and all comments and
materials received at the public hearing; and
WHEREAS, after hearing all testimony and receiving the project record, the
Town Council agreed with the findings and conclusions of the Commission regarding this
application. The Town Council determined that the Commission appropriately applied
the General Plan goals and policies and zoning ordinance regulations regarding
conditional use permits in its review and decision, and voted 4-0 to direct staff to return
with a resolution denying the appeal for consideration at its next regular meeting; and
WHEREAS, the Town Council is keenly 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 the Council
Town Council Resolution No. 03 -2014 02/5/2014 Page 1 of 4
formed an ad -hoc committee for that purpose. In 2011, the Town Council received the
Downtown Vibrancy Report, which contained numerous recommendations aimed at
Il increasing the vitality of downtown Tiburon. The Town and community volunteers have
worked tirelessly to improve the vitality of downtown in the continuing Downtown
Vibrancy movement. These efforts 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 Town Council 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; and
Whereas, the Town Council finds, based upon information, analysis, and
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 Town Council
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 Town Council, 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 Town Council 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 corner of Main Street and Tiburon Boulevard, its
proximity to the ferry landing area, and its prime location of Fountain
Plaza.
Town Council Resolution No. 0 3-2014 02/512014
3. General Plan Goal LU -D "seeks 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." The Town
Council finds that real estate offices are already well represented in the
Downtown area, primarily in areas outlying the commercial core, such
as along Tiburon Boulevard a substantial distance from heavy
pedestrian traffic areas. The Town Council further finds that the
ground floor office use would be an inappropriate use in that specific
location and would be at cross - purposes with the goals, policies and
regulations pertaining to land uses in that location.
4. The Downtown Element of the General Plan contains section 4-4
regarding Downtown Land Use, found at p. 4 -5 of the Element, which
states as follows:
Decisions on the type and intensity of land uses play a
major role in achieving a more pedestrian- friendly,
resident- serving Downtown. Downtown Land Use Policies
address preferred uses, such as commercial/residential
mixed -use and a drug store, as well as identifying which
uses are incompatible with the objectives for Downtown,
such as drive- through restaurants and new first floor
offices. Downtown Land Use Policies also provide
guidance on the appropriate intensity for new development.
For reasons set forth in detail in the record, including but not limited to the staff
report dated January 15, 2014, the Town Council fords that the proposed ground floor
office use would be incompatible with this vision statement and with the intent of
land use regulation in the Downtown as set forth in the Downtown Element; and
WHEREAS, the Town Council 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; and for those reasons set
forth in greater detail in the staff report dated January 15, 2014; and
WHEREAS, the Town Council finds that reasonable economic use of the
property remains in that retail, service and other non - business office uses remain eligible
for conditional use permit approval; and
WHEREAS, the Town Council found the public testimony against the
conditional use permit, including testimony by marketing and property management
experts, received at both the Planning Commission and Town Council hearings, to be
Town Council Resolution No. 03 -2014 02/5/2014
compelling and convincing as to the detrimental general welfare effects of allowing dead -
space uses in critical locations with the Downtown retail area.
NOW, THEREFORE, BE rr RESOLVED that, based on the above findings and
on the entire record, the Town Council of the Town of Tiburon hereby denies the appeal of
K2 Properties, LLC and Decker Bullock Realty, Inc., of the Planning Commission's decision
to deny the application (File #11304) for a conditional use permit to establish a real estate
business office at 1704 Tiburon Boulevard.
PASSED AND ADOPTED at a regular meeting of the Town Council on February
5, 2014 by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
ATTEST:
�G f
DIANE CRANE 1�9 PI, TOWN CLERK
Doyle, Fredericks, O'Donnell, Tollini
None
None
Fraser
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
Town Council Resolution No. 03 -2014 02/5/2014 4