RESOLUTION NO. 2001-___
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
DENYING A CONDITIONAL USE PERMIT APPLICATION FOR THE EXPANSION OF AN OUTDOOR DINING DECK AND FOR EXPANSION OF SEATING AT A
RESTAURANT LOCATED AT 5 MAIN STREET
(GUAYMAS RESTAURANT)
WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows:
Section 1. Findings.
A. The Planning Commission has received and considered an application filed by MCG Architecture for a conditional use permit to expand an existing ground level outdoor dining deck by approximately 960 square feet and expand seating at 5 Main Street. The application consists of the following:
1. Application form and additional submittal information
2. Drawings (3 sheets) including a site plan, existing and proposed seating plans and floor plan prepared by MCG Architecture and dated May 2, 2001.
The official record for this project is hereby incorporated and made part of this resolution. The record includes the Staff Report, minutes, application materials, and all comments and materials received at the public hearing.
B. Pursuant to Section 2.11.03 (5) of the Tiburon Zoning Ordinance, a conditional use permit is required for the proposed expansion of the building deck area and expansion of the total restaurant seating. Furthermore, the restaurant use of the building and deck is regulated by Planning Commission Resolution No. 91-14, adopted May 22, 1991. Condition No. 2 of that Resolution states that "any substantial modification of the approved use…shall require an amendment to this Conditional Use Permit, or a new Conditional Use Permit".
C. The Planning Commission held a duly noticed and advertised public hearing on July 11, 2001 and considered all testimony from the applicant and from interested persons.
D. The Planning Commission has found that the project is categorically exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines.
The Planning Commission finds that the proposed project would be inconsistent with relevant goals and policies of the Tiburon General Plan, including Goal LU-B, policies LU-13, DT-6 as set forth below:
!. Goal LU-B of the Land Use Element of the Tiburon General Plan directs the Town "to plan facilities which encourage use of the shoreline compatible with surrounding uses and consistent with balancing the objectives of preservation of shoreline resources while also maximizing access to the waterfront." Although the proposed deck extension would not decrease the physical size of the public walkway used for access to the shoreline, the practical impact of the removal of the existing open water privacy buffer between the existing dining deck and the Allan Thompson Walkway (public access) would have the effect of diminishing public access to and enjoyment of the waterfront.
2. General Plan policy DT-6 encourages pedestrian access to the waterfront. The proposed project would have a "chilling effect" on public use and enjoyment of the Allan Thompson Walkway by bringing diners to within a foot or two of persons using the Walkway. The Commission noted that a similar non-buffered situation exists at the adjacent Servino Restaurant, and that this portion of the waterfront promenade is less enjoyable because of the lack of buffering. This application would greatly increase the length of the non-buffered portion of the public accessway along the waterfront.
3. General Plan policy LU-13 adopts by reference the San Francisco Bay Conservation & Development Commission (BCDC) policies regarding filling of the bay and shoreline public access. BCDC has informed the applicant and the Town of Tiburon, through correspondence in the record, that the proposal appears to be inconsistent with its policies regarding filling of the bay and shoreline public access. BCDC specifically citing the McAteer-Petris Act Section 66605 that allows fill for "water-oriented public recreation and public assembly." The project would not meet the requirement of public assembly due to the proposed use of the water area for a private business, would not be consistent with BCDC policies on "Control of Filling and Dredging in the Bay", and would likely reduce public enjoyment of the Allan Thompson Walkway.
E. The Planning Commission further finds, as suggested by BCDC, that the restaurant may have alternative means of expanding within the existing footprint of the building and site without causing additional filling of the bay or creating adverse impacts to public use and enjoyment of the waterfront. The Commission encouraged the applicant to seriously consider those alternatives.
F. The Planning Commission finds that the project is on balance not consistent with the most relevant and specific goals and policies of the Tiburon General Plan to this project, and furthermore would not constitute a betterment of the Downtown waterfront area if constructed.
Section 3. Denial.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby deny the Conditional Use Permit application (File #10005) to expand the outdoor dining deck and expand total restaurant seating at 5 Main Street, based on the findings set forth above.
PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on July 25, 2001, by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
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STEVE STEIN, CHAIRMAN
Tiburon Planning Commission
ATTEST:
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SCOTT ANDERSON, SECRETARY