5 Main Street First Report

To:	PLANNING COMMISSION
From:	EMI THERIAULT, ASSOCIATE PLANNER
Subject:	5 MAIN STREET: CONDITIONAL USE PERMIT #10005; REQUEST TO EXPAND AN EXISTING OUTDOOR DINING DECK AT GUAYMAS RESTAURANT; ED ZELINSKY, OWNER; MCG ARCHITECTURE, APPLICANT
Report Date:	JUNE 5, 2001

Guaymas Restaurant is proposing to expand its ground-level outdoor dining deck to provide new additional seating. The applicant’s goal is to expand the restaurant’s seating and improve the ease of circulation within the restaurant and increase dining privacy by creating more space between tables. The proposed expansion would consist of approximately 960 square feet "filling in" of the open water area between the restaurant’s existing dining deck and the Alan Thompson public walkway located on the bay-ward side of the deck. The expansion would be rectangular in shape and have overall dimensions of approximately 15 feet by 64 feet. The drawings also depict the installation of three benches straddling the Guaymas deck/Alan Thompson Walkway and various planter boxes to provide a buffer between diners and persons using the walkway. A conditional use permit is required for the proposed addition under Section 2.11.03 (5) of the Tiburon Zoning Ordinance.

A small lot coverage variance (less than 2%) would be required to accommodate the expanded deck area. Any variance application would be acted upon at the Site Plan and Architectural Review phase of development review. All properties on Main Street exceed the current lot coverage limit of 17% so any ground floor additions require a variance.

The project would amount to an increase of 40 outdoor seats beyond the number permitted by their existing use permit (#19103 approved on March 11, 1991). The existing use permit provides a seating allowance of 412 seats, including 224 indoor and 188 outdoor seats. Actual seating in use at this time includes 216 indoor seats and 188 outdoor seats for a total of 404 seats. The current proposal, per plans received May 2, 2001, would increase the number of overall seating to 452 seats, including 216 indoor and 236 outdoor seats. The ten (10) additional parking spaces required for the expansion would be provided by the property owner (Zelinsky) at the Beach Road parking lot, adjacent to the Bank of America Building. This approach would satisfy the Town’s parking requirements.

The exterior alterations would match the existing materials and design of the subject building’s deck. Such design details, as well as benches and planter boxes, would be the subject of the proposed Site Plan and Architectural Review

This application was unable to be deemed "complete" for a lengthy period of time pending detailed design of the Town’s $850,000.00 Ferry Access and Safety Improvement Project (hereafter "Ferry Access Project"). The Ferry Access Project proposes among other things, reconstruction of the Alan Thompson Walkway, widening of Zelinsky Bridge, widening of the short walkway connecting Guaymas to the Zelinsky Bridge/Alan Thompson Walkway junction and extension of the Alan Thompson Walkway to the Angel Island Ferry Dock property line. The Town’s Ferry Access Project would not appreciably alter the open water area separating the Alan Thompson Walkway from the Guaymas’ deck. Only in recent weeks has the Ferry Access Project design been refined to a point where this application can now proceed to a hearing, with the understanding that in no way will the Guaymas deck expansion project be allowed to jeopardize approval or construction of the Ferry Access Project, which is a major public improvement/capital expenditure for the Town of Tiburon. (See Exhibit 8).

Staff sees the primary issues as follows: 1) Would the project be consistent with Town/BCDC policies regarding filling of the Bay and shoreline public access? 2) Would the project constitute a betterment of the Downtown Waterfront?

Various goals and policies of the Land Use Element and Downtown Sub-Element of the Tiburon General Plan are germane to review of this application:

The expansion of the deck area would cover or "fill" the open water between the existing deck and the public access to the waterfront (i.e. the Alan Thompson Walkway).

The Bay Conservation and Development Commission (BCDC) has jurisdiction over development proposals for properties within 100 feet of the Bay shoreline. Since the Town has adopted by reference BCDC’s policies on filling of the Bay and public access, the Town relies heavily on BCDC’s comment on any development application with respect to these policies.

BCDC staff has expressed concern over the proposed project for inconsistency with its "Bay fill" and "public access" policies. Please refer to Exhibits 2-5. Specifically, BCDC Staff has advised the applicant and the Town that the project might not be consistent with the McAteer-Petris Act, Section 66605 which allows fill for "water-oriented public recreation and public assembly." BCDC emphasized that the project would not meet the requirement of public assembly due to the proposed use of the water area for a private business and that the restaurant appears to have adequate area to expand its seating area without "filling" the Bay. BCDC also noted that the project would need to be consistent with the "San Francisco Bay Plan" policies regarding the "Control of Filling and Dredging in the Bay". Finally, BCDC indicated that the project could reduce the public’s enjoyment of the Alan Thompson Walkway, and that BCDC’s overall vision to preserve or create public shoreline access from Paradise Drive to the Corinthian Yacht Club might be negatively impacted by the Guaymas deck extension.

While the deck expansion would not directly hinder public access nor interfere with plans for a continuous waterfront pedestrian promenade, it could potentially have a "chilling effect" on public enjoyment of the Alan Thompson Walkway by bringing diners much closer to the Walkway than is currently the case. While some people may view the small enclosed open water area to be of little public value in its current condition, others may find its buffering qualities quite valuable and worthy of preservation.

BCDC will reach its own separate and independent decision on the application. The Planning Commission should focus its review on whether the project would constitute an improvement or degradation of the Downtown Waterfront.

Approval from BCDC would be required for the deck expansion. In addition, Site Plan and Architectural Review, a lot coverage variance and building permits would be required from the Town of Tiburon.

The project is categorically exempt from the requirements of CEQA per Section 15301 of the CEQA Guidelines.

The Planning Commission should take public testimony on this item, close the public hearing, deliberate upon the project merits, and direct Staff to prepare an appropriate resolution for consideration at the next meeting.

Letter dated July 11, 2000 to the Town of Tiburon from the Tiburon Fire Protection District