10/23/02 Planning Commission Staff Report -1 Blackfield -

To:	PLANNING COMMISSION
From:	EMI THERIAULT, ASSOCIATE PLANNER
Subject:	1 BLACKFIELD DRIVE (THE COVE SHOPPING CENTER): CONDITIONAL USE PERMIT #10003; REQUEST TO CONVERT A BARBER SHOP INTO A WINE SHOP AND WINE BAR; THE COVE SHOPPING CENTER, INC., OWNER; ROGER MILANO, APPLICANT
Report Date:	MAY 2, 2000

A proposal has been made to change the use of a site currently approved as a barbershop into a wine shop and wine bar. A conditional use permit is required for this change of use under Section 2.11 of the Tiburon Zoning Ordinance.

The proposed project would involve the renovation of the interior of the building to establish the new business. Interior partitions and fixtures would be removed and replaced by several display cases and a reception counter ("front counter"). The architect of record, Mohamad Sadrieh, has requested seating for the wine bar. Although not indicated on the plans, the seating would consist of up to 6 barstools for the "front counter" area. The applicant is proposing exterior changes which would reflect the architectural features of the Milano’s restaurant’s façade in order to connect the two businesses visually. The same number of windows and one door would remain. Only decorative elements would change for the façade.

The applicant is requesting to install a window sign on front of the building, similar to that of the adjacent Milano's restaurant business. The exact size and design will be reviewed under a Sign Permit.

The layout of the proposed business would include display cases on all four walls and a separate display case toward the rear of the shop. A sales and reception counter would be located at the center of the store, where employees would dispense wine for consumption on-site and sell wine for use off-site. On sale wine storage would be located behind this counter. Off sale wine would be stored in the display cases throughout the shop. No sink area is indicated on the plans. The Planning Commission may want to consider requiring a sink area and preparation area behind the front counter for health and safety purposes.

The proposed business is conditionally permitted in the Neighborhood Commercial zone. The proposed project would not result in any additional floor area within the Cove Shopping Center, and is consistent with the uses permitted within the Neighborhood Commercial designation for this property contained within the Land Use Element of the Tiburon General Plan.

The subject building has historically been primarily occupied by the previously mentioned barbershop. The proposed use of this building as a wine shop and wine bar is generally compatible with the surrounding restaurants and other neighborhood-serving businesses.

There are multiple shared parking spaces available for the Cove Shopping Center. Two parking spaces are located directly adjacent to the frontage of the proposed wine shop.

The parking demand for the proposed business would be greater than that for a barbershop at this location. The former barbershop, with three barber chairs, had a parking requirement of three parking spaces. Depending on the method of calculating the parking, the proposed business would need anywhere from 2 spaces (as a place of assembly with 6 seats at one space for every 4 seats or as a retail space with 439 square feet of sales area at one space for every 250 square feet) and 14 spaces (as a bar with 439 square feet of seating area at one space for every 30 square feet).

As the consumption of alcohol would be limited to a small area in the shop, the parking standard should be modified to reflect the dual use proposed. If one were to take a ratio of the percentage of the bar use per the square footage of the shop (approximately 12.5%), 54 square feet of the shop would be for bar usage. Therefore, 2 spaces would be required for the bar use. The remaining percentage of use (approximately 87.5%), 385 square feet of the shop, would be for retail purposes. Therefore, 2 spaces would be required for retail use. The total parking requirement would be 4 spaces, one space more than the barbershop use. As proposed, the requested business would appear to be a slight intensification of the use of this building. It appears that the Cove Shopping Center has sufficient spaces to accommodate increased need for one space.

The issue of community need for a wine shop and wine bar has been raised by several residents who were disappointed to lose the Marin Wine and Spirits shop formerly located in the same shopping center. Staff is not of the opinion that this use is identical to any other in the Cove Shopping Center, although examples of the same product can be purchased at other businesses.

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 determine if the proposed use would result in a significant intensification of the use of this property. If it is determined that through modifications to the project, no such intensification would occur, then the Commission should use the draft resolution (Exhibit 1) as a starting point for an appropriately conditioned project approval.