The applicants have submitted a request to convert the use of an existing retail space located at 44 Main Street to a food service establishment (The Tiburon Dog House). The applicants are proposing to provide hot dogs, chips, cold drinks, and coffee to their customers. The space has historically been used for retail, and was recently occupied by the clothing retailer Baywear. This project is being reviewed because any change of use in the downtown area must be approved via a Conditional Use Permit according to 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 proposed business is considered a restaurant, which is conditionally permitted in the Village Commercial zoning district. The business would neither create more floor area within the downtown area, nor create a significant intensification of use from the previous retail store. The business would be consistent with the uses permitted within the Village Commercial designation as stated in the Land Use Element of the Tiburon General Plan.

It is recommended that the Commission consider the aspect of outdoor seating carefully. The applicants have proposed to locate two tables and four chairs in front of the establishment on the public sidewalk. The Town’s records indicate that the front of the building coincides with the front property line, so any seating located in front of the building would be within the public right-of-way. The proposed outdoor seating also presents a number of problems when considering the impact on pedestrian traffic, disabled person and wheelchair access, increased demand for parking, and consistency with the Downtown Design Guidelines and the General Plan.

The Downtown sub-element of the General Plan and the Downtown Tiburon Design Handbook state that:

"New Development in Downtown Tiburon shall enhance the existing streetscape by providing architecturally appropriate and harmonious street furniture, landscaping, signage and lighting." (GP Policy DT-13)

"Items of street furniture should be consistent with the palette established for Tiburon. Street furniture should be kept to a minimum, and placement should not interfere with or impede pedestrian use of sidewalks, plazas or passageways." (DTDG Main Street streetscape guideline, pg.12)

The proposed use would not change the parking requirement for the property. The previous use was retail sales, for which the parking requirement is one stall for each 250 square feet of sales area. Since the size of the establishment is 200 square feet, one stall would be required for retail use.