2-98 Ned;s Way Staff Report

To:	PLANNING COMMISSION
From:	DANIEL M. WATROUS, SENIOR PLANNER
Subject:	2-98 NED’S WAY: CONDITIONAL USE PERMIT #10201; REQUEST TO ALLOW A TEMPORARY SALES OFFICE; TAYLOR WOODROW HOMES, INC., OWNER/APPLICANT
Report Date: Meeting Date:	FEBRUARY 22, 2002 FEBRUARY 27, 2002

A proposal has been made to operate a temporary sales office on the Chandler’s Gate property located at 2-98 Ned’s Way. The proposed office would temporarily occupy one of the 25 dwelling units currently under construction on the site. A conditional use permit is required under Section 2.08.02 (8) of the Tiburon Zoning Ordinance for the establishment of a real estate tract office.

The proposed sales office would occupy Unit 1E of the project. building would be a 66 foot long, 14 foot wide portable office structure. The office would house a lounge for prospective homebuyers, along with additional sales office space and a storage room for design samples. The office is proposed to be open from 10:00 a.m. to 5:00 P.M., Monday through Saturday, and 11:00 to 4:00 p.m. on Sunday. Two 15 foot tall temporary flag poles are also proposed to be installed to identify the location of the sales office.

A previous conditional use permit (File #10102) was approved on February 28, 2001 for the use of a temporary trailer to provide sales office space for this housing development. The office trailer is currently authorized to remain until May 31, 2002. The proposed sales office would replace the temporary trailer, which would be removed from the property.

Policy LU-9 of the Land Use Element of the Tiburon General Plan states that exceptions to the standard residential uses may be permitted in the planned residential districts. The inclusion of a "real estate tract office" in the list of conditionally permitted uses in the RMP zone indicates that such a use is a commonly accepted exception to the permanent residential uses in this planned residential district.

Section 4.04.02 (a) of the Tiburon Zoning Ordinance states that the purpose of the conditional use permit review is to "determine whether the location proposed for the Conditional Use applied for is properly related to the development of the neighborhood as a whole." The location of the proposed office within the actual housing project would clearly be properly related to the development of the surrounding neighborhood, and would also eliminate the need for a nearby office trailer.

Section 4.04.02 (c) of the Zoning Ordinance states that this permit review should "evaluate whether or not adequate facilities and services required for such use exist or can be provided." The nearly completed project includes adequate parking and other facilities for both sales office employees and prospective homebuyers.

Section 4.04.02 (d) of the Zoning Ordinance states that this permit review should "stipulate such conditions and requirements as would reasonably assure that the basic objectives of this Ordinance and the objectives of the General Plan would be served." In order to keep the proposed sales office from becoming a permanent building on the property, it is recommended that a condition of approval be imposed on this permit requiring that the office be converted to residential use no later than January 1, 2003.

To date, Staff has not received any written public comments regarding this proposal.

The project is categorically exempt from the requirements of CEQA per Section 15303 of the CEQA Guidelines.

Staff recommends that the Planning Commission take public testimony on this item and adopt the draft resolution granting conditional approval of the project.