4. APPOINT SKATEBOARD PARK REPRESENTATIVE   COMMISSIONER SMITH APPOINTED

F. ADJOURNMENT        9:15 PM                                                                                                                                                                                                                                  a062602

Parente Precise Development Plan – July 24

1505 Tiburon Boulevard, Tiburon, California

Chair Stein called the meeting to order at 7:30 p.m.

ROLL CALL

Commissioners Present: Chair Stein, Commissioners Greenberg, Collins, Smith and Snow

Commissioners Absent: None

Staff Present: Senior Planner Watrous, Associate Planner Bryant, and Meeting Recorder Morales

PUBLIC QUESTIONS AND COMMENTS:

None.

COMMISSION AND STAFF BRIEFING

Senior Planner Watrous pointed out that the Parente Precise Development Plan has been scheduled for July 24, 2002 at which time Commissioner Snow will be absent.

Chair Stein noted that this month’s issue of the California Cities magazine expresses concern regarding SB 910. Therefore, he asked Staff to follow up on this issue and possibly alert the Council regarding any potential effects to the Town.

CONSENT CALENDAR

1.    MINUTES OF MAY 22, 2002

Commissioner Revisions were as follows:  Page 4, last sentence – Insert the wording "consideration of" prior to "cost/revenue implications".

2. 1860 VISTAZO WEST – CONDITIONAL USE PERMIT; REQUEST TO ESTABLISH A SECONDARY DWELLING UNIT; James Peterson, owner; Timothy Peterson and David Thompson, applicants; Assessor's Parcel Number 059-071-06.

Senior Planner Watrous summarized that this matter was considered on May 8^th, at which time the Commission raised concerns regarding the proposed off-street parking and the overall visual size and scale of the proposed structure. In response to the issues raised, the applicant revised the proposed plans for the proposed project. A carport would provide one additional open parking space adjacent to the proposed three-car garage. Two additional off-street parking spaces would be provided on top of the carport and garage, leading off the proposed driveway.

Other changes have been made to the overall design of the proposed single-family residence and secondary dwelling unit. The revised plans reduced the overall floor area of the two dwellings by 147 square feet to 3,037 square feet, which would be 215 square feet below the floor area ratio for this property. The revised plans also indicate a building design that steps more along the slope of the site, resulting in a reduction in the height and overall mass and bulk of the proposed structures.

In response to Chair Stein, Senior Planner Watrous stated that the square footage of the primary residence did not include the 600 square foot garage. Chair Stein also asked whether a variance for reduced front yard setback would be needed to accommodate the proposed parking configuration. Staff responded that it would.

The hearing was opened to public testimony.

David Thompson, project architect, stated that the second unit would be 645 square feet. He clarified that a variance would be needed for the ramp leading to the two on-site spaces that have now been provided. He also noted that the overall size of the residence was reduced by tightening and tucking the house further into the hill.

In response to Commissioner Collins, Mr. Thompson stated that the stairway on the southeast corner of the property could be reconfigured to allow adequate room to back out of the parking space.

Bill Ross, 1870 Vistazo West Street, stated that while the revised project was an improvement, the proposed location of the structure would still create long term view impacts to the community and would set a precedent.

The hearing was closed to public testimony.

Commissioner Greenberg stated that while she had no problem with allowing a second unit, she was concerned with the condition requiring that the second unit be located as shown on the revised plans. In her opinion, the final siting should be determined by the Design Review Board after views and parking issues have been considered. Commissioner Smith concurred.

The Commission discussed the importance of not restricting the Design Review Board’s authority to modify the project if deemed necessary, i.e., reducing the structure in size or reconfiguring it. Senior Planner Watrous suggested modifying the first condition in order to allow the Design Review Board discretion regarding the size and configuration of the second unit.

Chair Stein reopened the hearing to allow Timothy Peterson to speak.

Mr. Peterson stated that even though Commissioner Greenberg specifically asked for five spaces, he proposed six spaces. Therefore, he asked for clarification as to whether six spaces were now being required.

Chair Stein stated that, personally, the fact that an extra space was offered made the project more acceptable. Commissioners Snow and Greenberg expressed the same feeling. Commissioner Greenberg further stated that six spaces made the project more acceptable, particularly because in this area, it was likely that larger homes will be built requiring more service people.

PUBLIC HEARINGS

3. 44 MAIN STREET – CONDITIONAL USE PERMIT TO CONVERT A RETAIL SHOP INTO A RESTAURANT (TIBURON DOG HOUSE); Main Street Properties, owner; Junella Swendeman and Ron Kelly, applicants; Assessor's Parcel Numbers 059-102-19.

Associate Planner Lynch stated that the applicants propose to convert the use of an existing retail space to a food service establishment. The project is being reviewed because any change of use in the downtown area must be approved via a Conditional Use Permit in accordance with Section 2.11.02 of the Tiburon Zoning Ordinance.

The proposed project would include the renovation of the interior space to provide for a service counter, a food preparation area, and seating for 5-6 people. The service counter would be located approximately in the middle of the store and would consist of a cash machine, beverage machine, hot dog machine, and chip display.

The tables and seating would be near the front window and along the right side of the establishment. Seating for four additional people with two tables is proposed to be located on the sidewalk in front of the business. There are no exterior alterations proposed for the building, and any future signs would be reviewed by the Design Review Board via a Sign Permit.

Associate Planner Lynch noted that the two main issues are the change in use and parking. He noted that the general plan prohibits take-out restaurants in the downtown area, and therefore, Staff recommends that the take-out portion of the project be eliminated.

The hearing was opened to public testimony.

Ron Kelly, applicant, stated that their intent was not to provide a fast-food restaurant that would attract skateboarders or which would encourage take-out. Their intent is to provide an eating area targeting local workers who will choose to either eat at the restaurant or take food back to their place of work. The proposed hours of operation would be from 10:00 a.m. to 6:00 p.m.

In response to Commissioner Greenberg, Mr. Kelly stated that he was not aware of any restrictions on the number of tables given the size of the establishment. He also stated, in response to Chair Stein, that a bathroom would not be available for public use. Chair Stein stated that it was important to find out whether the use of the establishment would be dictated by the fact that a bathroom was not provided to the public.

Mr. Kelly noted that allowing customers to purchase an item and walk out would be no different than what already takes places at other businesses on Main Street. In speaking to people who work in adjacent businesses, he believes that a hot dog place is a preferred use.

Junella Swendeman, applicant, stated that if a bathroom was required, it could be provided.

The hearing was closed to public testimony.

Commissioner Collins noted a pizza place and a deli where food take-out is typical currently operate on Main Street. He asked how the proposed use would be different than those two other establishments. Staff noted that those two other uses were much larger, more seating was available, and provided restrooms for the public.

Commissioner Greenberg stated that while she recognized that the applicants were not outsiders and actually had a vested interest on Main Street, she could not make the findings for consistency with the general plan in terms of the take-out portion of the proposal. Therefore, she could not support the proposed conversion in use.

Chair Stein shared Commissioner Greenberg’s concern, further stating that although it had been implied that fast food, take-out places were often more closely related to franchised businesses, the general plan did not specifically target franchised restaurants.

Commissioner Smith had difficulty comparing the proposed use to existing businesses where take-out clearly takes place, i.e., the deli and pizzeria. Therefore, he would support modifying the project description so that it would comply with the general plan.

Chair Stein reopened the hearing at Mr. Kelly’s request.

Mr. Kelly reiterated the fact that their intent was not to have a fast food, take-out image for this business.

Commissioner Collins stated that the key issue was whether the primary use of the place would be take-out, and in his opinion hot dogs are fast food and would constitute a primarily take-out use of the restaurant.

Commissioner Greenberg also noted that hot dogs were considered fast, take-out food because it was food to be eaten with your hands and not with a fork and a knife which would require sitting down. Additionally, she noted that given the location, it would be unlikely that people would sit and eat at the restaurant.

Chair Stein stated that the issue in question is whether the proposed use was consistent with the general plan.

4. APPOINT SKATEBOARD PARK REPRESENTATIVE

Senior Planner Watrous stated that Council has asked that the Commission appoint a representative to the new Skateboard Park Committee, but asked that a person abstain from serving on the task force if they had a pre-disposed opinion regarding this matter.

Commissioner Smith stated that it was their responsibility as public officials to allocate scarce resources in a responsible manner. Therefore, he supported a conceptual idea of providing public recreational resources to the subject age group without specifying the type of use. He supported conducting a study to determine what type of use would be the most appropriate and broadening it to study other uses.

The Commission reached consensus to appoint Commissioner Smith as the representative

ADJOURNMENT

Having no further business, Chair Stein adjourned at 9:15 p.m.

______________________________

STEVE STEIN, CHAIR

Tiburon Planning Commission

ATTEST:

____________________________________

DAN WATROUS, ACTING SECRETARY