PLANNING COMMISSION

November 14, 2001

Regular Meeting

Town Council Chambers

1505 Tiburon Boulevard, Tiburon, California

Chair Stein called the meeting to order at 7:35 p.m.

A.    ROLL CALL

Commissioners Present: Chair Stein, Commissioners Berger, Smith and Snow

Commissioners Absent: Commissioner Fredericks

Staff Present: Planning Director Anderson and Meeting Recorder Flanagan

B.    PUBLIC QUESTIONS AND COMMENTS       There were none.

C.    COMMISSION AND STAFF BRIEFING

Planning Director Anderson noted that a complete packet of comments regarding the Martha Company DEIR was distributed to the Commission for its review and information.

D.    CONSENT CALENDAR

1. MINUTES OF OCTOBER 10, 2001

Amendments include:

Page 3, Bicycle Master Plan title, add a "t" to "Maser."

Page 5, first paragraph, first line to read, "…with Caltrans, and their position is that a sufficient amount of fatalities must occur…"

2. MINUTES OF OCTOBER 24, 2001

Amendments include:

Page 4, fourth paragraph, first line, delete "Chair." Fifth line, change "undeveloped" to "public."

Page 5, second paragraph, first line, delete "placed." Second line, change "said" to "such."

Page 4, sixth paragraph, fourth line, change "that" to "than."

Page 8, seventh paragraph, last sentence to read, "He asked that expert testimony on the uniqueness of the property as open space be evaluated and that said information be provided…."

Page 3, third paragraph, second line, delete the second period.

PUBLIC HEARINGS

3. 41 MAIN STREET: CONDITIONAL USE PERMIT TO CONSTRUCT A NEW 6,739-SQUARE-FOOT RETAIL/RESIDENTIAL BUILDING AT THE SITE OF THE FORMER TIBURON TOMMIE’S RESTAURANT. Doris Caceres Trust, owner; Ron Caceres, applicant. Assessor Parcel No. 59-151-04.

Planning Director Anderson reviewed the staff report. He noted the architect was asked to bring visual aids to show what the new mass bulk and scale would be, compared to the current building. In response to questions, he stated that parking on Ark Row is only one or two-hour timed parking. Regarding provisions for public access, the full Commission of BCDC must approve this project, and the applicant appears close to satisfying BCDC’s public access requirements.

Ron Caceres, applicant, discussed his project and showed the Commission a computerized visual presentation of the building and its surroundings.

Jim Gillam, architect, described the project in detail. He stated that he concurs with the Town’s requirements. Design ornamentals are still in the process. He will meet with the BCDC Design Review Board on December 10th. He explained that the view to the bay will be through the first level retail space, as well as within the public access easements. Specific colors for the building will be presented to the Town’s Design Review Board.

Chair Stein asked about the doorways that open excessively into the public access areas, as mentioned in the Staff report. Mr. Gillam responded that he has since revised the drawings to have all the doors and panels not open into the public access ways.

Mr. Gillam added that a park bench and information plaque relevant to the location/view will be installed within the south-facing public access easement as amenities for the public. A gate may be required within the south-facing public access unless Building Code issues can be addressed. Commissioner Berger indicated that the Town’s Building Official may be able to eliminate the need for the gate through acceptance of other measures.

In response to questions, Mr. Gillam indicated that the elevator will open directly into the living unit on the third floor, and that this was common in such projects.

The public comment was opened. No one wished to address this item and the public comment period was closed.

Commissioner Smith stated he likes the project; there has been positive community feedback from those people that he has spoken with. One concern was whether there should be a rail to divide the public walkway from vehicle using the lane that accesses the Corinthian Yacht Club.

Commissioner Berger stated that the Design Review Board should carefully review the design and final colors. He liked the articulation of the building as viewed from Ark Row, in that the higher structure at that point gives an appropriate prominence to that corner. He found the public access to be good. He also appreciated the simple, crisp, contemporary design that nevertheless fits completely with the Downtown Design Guidelines. He liked the transparency of the first floor and the amount of storefront and proportion of windows. He suggested that the applicant strive to keep the building at no higher than 30 feet, given this would be the first three-story building on Main Street. Commissioner Berger said that as a member of the Design Review Board, the Town rarely approved height limit exceptions and felt strongly that this building should be no exception, and that this building should set no precedent for future three-story buildings on Main Street. He would like to see more rhythm of the building along the south-facing (water) side. The skylight must be reviewed very carefully by the Design Review Board because Corinthian Island homes look directly down onto it. Furthermore, the exterior lighting on the third floor terrace area facing Main Street must be low wattage and down lit to reduce impact on Corinthian Island homes.

Commissioner Snow stated he concurred with the previous comments and looked forward to the application being reviewed by the Design Review Board.

Commissioner Smith stated that with regard to parking, the issue is trying to harmonize other uses in the downtown with a housing use. He favored a solution where the residential parking spaces could be reserved in a parking lot closer to the building, such as the Main Street parking lot.

Commissioner Berger stated that parking is the reality check. Residents will have cars. A remote lot could be a workable solution, but this is a tricky issue because the Main Street lot is intended to be reserved for the public and not restricted to private uses. That was why he had earlier questioned Staff about the availability of parking along Ark Row.

Chair Stein stated that the residential component of this project was very small and would likely produce the only residential units on Main Street in the foreseeable future. He thought that the Town’s Resolution should not preclude the possibility of allocating parking for the dwelling units in the Main Street parking lot, which he felt would be more desirable than the remote lots.

Commissioner Berger responded that others might then also want to rent spaces in the Main Street parking lot, which would discourage shopping customers’ parking.

Chair Stein added that if residential use is encouraged in the Downtown, the Town should not unreasonably discourage the ability to park fairly close to the units. He believed that the applicant should be able to pursue the securing of parking close by, and that the Resolution, as it is currently written, does not prohibit this option.

Planning Director Anderson noted five parking spaces are required for the residential use.

Chair Stein stated that he is not concerned about the small height variance and believed that it would not set a precedent. There are no view concerns and this is a unique location. Future General Plan amendments will probably modify certain restrictions in the Downtown area in any event.

Commissioner Berger stated that height limits have been sacrosanct; many applications have not been approved because of overstepping the height limit. There are feasible alternatives to this building without needing the additional height. He stated that there has been no discussion of changing height limits in the General Plan, although floor area ratio limits have been discussed. He felt that this application does not demonstrate a compelling reason to allow a height variance. He recommended that the text of the Resolution should state that conformance with the 30 feet height limit is "strongly recommended" to the Design Review Board.

Commissioner Smith noted the building provides the end post for Main Street and the transition to Ark Row. He believed that the stepped-up height transition to the bank building was appropriate. He suggested letting the applicant wrestle with the height issue with the Board. He sees a legitimate basis to allow the height variance.

Commissioner Snow concurred and stated that the Design Review Board will have the benefit of story poles to better visualize the height impacts.

Commissioner Smith added that this application is consistent with General Plan Policy DT 12 and there is a minor floor area addition that is acceptable.

Commissioner Berger added that with provision of new public access for this site is a tremendous public benefit and the additional square footage is one way that the Town can recognize and compensate the owner for this new benefit.

M/S Berger/ Snow (4-0), to adopt the Resolution approving the project as submitted.

 E.    ADJOURNMENT

Having no further business, the Commission adjourned at 9:10 p.m.

 ______________________________

STEVE STEIN, CHAIRMAN

Tiburon Planning Commission

 ATTEST:

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SCOTT ANDERSON, SECRETARY