PROJECT DATA

Address: 41 Main Street

AP No.: 59-151-04

File No.: 10105

General Plan: VC (Village Commercial)

Zoning: VC (Village Commercial)

Property Size: 2,870 square feet (.066 acres)

Current Use: Vacant commercial building (formerly Tiburon Tommie’s Restaurant)

Owner: Doris Caceres Trust

Applicant: Ron Caceres

Date Complete: 10/10/2001

CEQA Status: Exempt per 15303 and 15332 of the Guidelines

BACKGROUND

The approximately 6,000 square foot building at 41 Main Street (formerly Tiburon Tommie’s Restaurant) has been vacant for an extended period of time, and is in poor structural condition. Proper redevelopment of this parcel is considered crucial to maintaining (and in this case restoring) an appropriate character to Main Street.

As the Commission will recall, an earlier application for redevelopment of this parcel was reviewed by the Commission on June 27, 2001, and subsequently withdrawn in July 2001. At that meeting, the Commission provided valuable policy direction and merit comments that have assisted the property owner with the task of designing a building that is compatible with its surroundings. Minutes of the meeting of June 27, 2001 are attached as Exhibit 9.

The subject property’s current owner, Doris Caceres, has submitted an application to demolish the existing building and replace it with a somewhat larger (6,800 square foot) retail/residential building. A conditional use permit is required pursuant to the Tiburon Zoning Ordinance for both the new construction and the proposed change of use from restaurant to retail and residential.

PROPERTY DESCRIPTION

The lot is very small, encompassing only 2,870 square feet (roughly 50’ X 55’). It is developed with a partial three-story building with a total of 6,485 square feet of floor area. The first two floors cover the entire parcel. The partial third floor is confined to the rafter area, is bootlegged construction not meeting code, and is for the most part not usable by the public. The existing building has a roof peak extending to 36 feet above grade, although most of the building is less than 30 feet in height. The existing building has remnants of its Polynesian motif dating from the mid-1950s, although much of this material has been removed in recent years. Qualified experts (retained by the Town) have previously examined the building and determined that it is not of historical or cultural significance. Emergency foundation repair was performed on the bayward side of the building a few years ago to prevent total collapse of the bayward portion of the building. The Town’s Building Official has inspected the building and considers it essentially unsalvageable from a building code standpoint.

PROJECT DESCRIPTION

A conditional use permit application has been filed for construction of a three-story, 6,739 square foot building not exceeding 32 feet in height (the Design Review Board would need to approve a variance to allow height in excess of 30 feet). Drawings (10 sheets) are attached as Exhibit 1). The application forms and supplemental sheets are attached as Exhibit 2. Proposed uses and square footages are as follows: 

Permits required prior to construction of the project include a conditional use permit, site plan & architectural review, and building permits from the Town of Tiburon. In addition, separate permits will be required from the Bay Conservation and Development Commission (BCDC), and possibly from the Army Corps of Engineers and the San Francisco Bay Regional Water Quality Control Board.

ANALYSIS

Summary of Primary Issues

Town Staff has identified the following primary issues associated with this project. These issues are discussed below in conjunction with the General Plan policy consistency and Zoning Ordinance conformance analyses.

Adequacy of proposed public access to the Bay.

Square footage increase relative to general plan policies specifying FAR limits.

Design compatibility.

Use issues.

Parking issues.

Consistency with Applicable General Plan Policies

The section that follows is a review of the proposal with directly applicable policies of the Tiburon General Plan. In determining consistency of a proposal with a General Plan, the standard of review is that a project is consistent if, on balance, it promotes or furthers the goals and policies of the General Plan.

LU-4. The Town recognizes and wishes to preserve its bay and waterfront as significant resources and shall closely consider the sensitivity of its coastal environment through the development review process, and shall encourage public access to the waterfront.

LU-13 . The Town shall adopt by reference Bay Conservation & Development Commission (BCDC) policies on filling of the Bay and shoreline public access.

DT-1. Pedestrian access to waterfront activity shall be encouraged.

Consistent. The Town of Tiburon and BCDC have been working for decades on a waterfront promenade that would connect from Shoreline Park the length of the Main Street waterfront. Great success has been achieved at the eastern (Shoreline Park end) of Main Street, but the west end of Main Street has proven more difficult do to a lack of significant entitlements requested by the various properties that could justify a public access easement exaction. However, both the Town and BCDC are patient and confident that eventually the building blocks will come together as entitlements are sought to improve the various properties. The BCDC policy (adopted by the Town) is to require maximum feasible public access to the bay.

The existing 41 Main Street building provides no public access to the waterfront, essentially covering all of the lot with building. A deck that once existed at the rear of the building was removed some decades ago when it was discovered that the deck was on property owned by the Corinthian Yacht Club. The current application offers to provide public access in two ways:

1.    By indenting the ground floor of the building six (6) feet from the west property line, adjacent to the Corinthian Yacht Club driveway. The second and third floors would extend to the western property line, creating a covered walkway that is substantially open to the side (there would be four supporting pillars and a stretch of shear wall between the walkway and the adjacent lane). A very nice pedestrian touch is the indented, 45-degree angled corner where the building turns into the pedestrian access fronting Main Street. This is an inviting feature that will encourage public access as opposed to the typical sharp 90-degree angle corner on most buildings.

2.    By providing a 10-foot wide ground floor setback at the rear of the parcel (along the bayside), where a riled deck would provide public access and viewing opportunities. Cantilevered outdoor decks from the second and third floors would partially overhang this 10-foot wide pedestrian walkway.

This may be the only opportunity for the foreseeable future to secure public access to the bay waterfront across this parcel. BCDC will likely submit updated written comments on this application prior to the meeting. In a ideal world, BCDC would probably prefer wider public easements. However, given the tiny size of the lot, Town Staff believes that the pedestrian access widths are adequate, although barely. Staff has no objection to the fact that the accessway adjacent to the lane would be roofed over, and that the bay-facing public walkway would be partially covered with decks from above. The south-facing orientation of this public easement, and its openness to both the south and west, will prevent it from becoming a "dark alley" and thereby detracting from its public appeal.

Staff considers the public access to the waterfront to be the minimum of adequacy. Staff’s primary concern is that no obstructions encroach into these relatively narrow public pedestrian walkways. The drawings (Sheet A2.1) show certain access doors or access panels swinging open into the easement areas. Fortunately, these appear to be seldom-used electrical room access panels, mechanical room access doors, and trash enclosure access doors. Staff recommends that the trash enclosure access doors and the mechanical room access doors be redesigned to not swing open into the public easement.

LU-9 (excerpt)

Village Commercial Districts may typically allow, subject to specific zoning regulations, resident-serving commercial and office uses, tourist-oriented uses, and mixed (commercial-residential or office-residential) uses.

DT-12. Downtown buildings destroyed by fire or other act may be rebuilt to the same FAR as the existing building. This policy may also apply to renovation and remodel of existing Downtown buildings and is intended to protect the unique character of Downtown Tiburon.

Applications for minor floor area additions on properties exceeding the maximum floor area ratio limits may be considered on a discretionary, case-by-case basis, without need for a General Plan or Zoning Ordinance floor area ratio amendment, provided that any such addition improves the usability of the facility to the public, and does not result in increased traffic or parking demand, nor result in other adverse effects.

Consistent. The property is located within the Village Commercial (VC) land use district, which allows "resident-serving commercial and office uses, tourist-oriented uses, and mixed (commercial-residential or office-residential) uses". The floor area limit for the VC district is nominally 0.17, with existing structures Agrandfathered@ at existing FAR=s if they exceed the 0.17 FAR limit. Additions to buildings that already exceed the FAR limit (as does 41 Main Street) may be considered under Policy DT-12.

In order to approve the proposed square footage additions without a general plan amendment and a zoning ordinance text amendment, the Town would need to find the proposal consistent with Policy DT-12. This would involve the following determinations:

First, Policy DT-12 does not directly address a voluntary demolition and reconstruction of an existing building. The policy refers to remodels and renovations. The Planning Commission formally interpreted Policy DT-12 in 1997 (see Exhibit 3) to include buildings that were voluntarily razed "as long as the existing scale and character of the building were retained". At its meeting on June 27, 2001, the Planning Commission confirmed the 1997 interpretation.

Second, the addition would need to be determined to be "minor". Policy DT-12 provides no quantitative direction on this matter, leaving the interpretation to the Town on a case-by-case basis. The Town has approved requests for excess commercial floor area on three previous occasions. In 1990, a 258 square foot addition to the Servino Restaurant at 114 Main Street was approved, and in 1991 a 115 square foot addition to the building at 10/14 Main Street was approved. In 1998, the Town approved additions totaling nearly 3,000 square feet (19% increase) to the much larger building at 25 Main Street (Waters Edge Hotel). Special circumstances were involved in that decision, including the fact that the additions were proposed on existing elevated outdoor decks already used by the public.

The 6,739 square foot building would constitute an approximately 12% increase over the existing 6,000 authorized square footage in the existing building (not counting the bootlegged third level area). If the bootlegged third level were included, the increase would be only 4%.

Appropriate scale and character of any replacement building would need to be conditioned into any approval for this finding to be supported. As the Planning Commission astutely noted at its June meeting during the review of a 7,500 square foot building on this site, the design of any proposed replacement building must justify the square footage allowed, not the other way around. The Commission believed that it was possible to increase the square footage on the site provided that the design, scale, mass, and height of the building was in character and compatible with its surroundings. A poorly designed building can appear more massive and out of place than a well designed building with more square footage. Staff considers the increase in square footage minor and the proposed building to be in character and compatible with its surroundings.

Staff notes that the three-story nature of the building is unusual for Main Street, not in terms of total height, but in terms of three separate levels of use. The architect has softened this effect by providing only a partial third floor, with recessed components as it faces Main Street (north elevation). The recessed first floor on the south-facing and west-facing elevations also prevent this building from appearing as a "cube" from any vantage point.

As designed, the building would be 32 feet in height, and this would require a variance from the Design Review Board. The roof peak of the current building is 36 feet in height, and other existing buildings on Main Street, such as the Waters Edge Hotel, also exceed the Town’s 30-foot height limit. Staff suggests that the Commission consider providing guidance to the Design Review Board on the height issue, after reviewing the application materials and receiving the architect’s presentation.

Third, Policy DT-12 raises the issue of increased usability of the facility to the public. In the three previous requests for excess square footage, this factor was not directly applied, as all expansions were for private commercial use areas. This instance is similar, except that this case offers the opportunity to achieve public access to the waterfront where none currently exists. Staff considers this new public access to be of great public benefit, meeting the intent of the policy.

Fourth, Policy DT-12 states that any addition should not result in increased traffic or parking demand. Based upon vehicular traffic generation rates, the proposed uses would generate far fewer daily trips than the previous restaurant use, although the AM peak trips would be greater since Tiburon Tommie’s was not open during the morning commute. Staff does not see traffic and trip generation as a major issue with this proposal.

DT-B. To balance Downtown Tiburon's role as a viable retail-oriented part of Tiburon with the objective of promoting resident-serving uses.

Consistent. Town Staff sees the combination retail/residential uses as serving the dual role of providing additional retail opportunities while providing a captured audience of residents to patronize downtown business establishments, especially during otherwise slow seasons.

DT-4. The Village Commercial land use designation (Main Street/Ark Row) may be comprised of tourist-oriented and resident-oriented uses, as well as ancillary residential uses.

Consistent. The retail component of the building would serve either tourists or residents or both. The residential portion would serve residents who lived in the units. The policy encourages residential units in the Downtown where appropriate.

DT-A. To establish design criteria for Downtown so that its village-like character is preserved and enhanced.

DT-13. The Town of Tiburon shall adopt Downtown Tiburon design guidelines to ensure to the maximum extent feasible a consistent construction pattern within the various land use areas and to ensure to the maximum extent possible that views are not unreasonably encroached upon.

Consistent. The Town of Tiburon is in the process of adopting Downtown Design Guidelines. The draft Downtown Design Guidelines Handbook is currently being reviewed by the Town Council and will likely be adopted early in 2002. Relevant excerpts from the Handbook are attached as Exhibit 4.

Prior to filing of the conditional use permit application, the applicant was provided a copy of the draft Downtown Design Guidelines and appears to have successfully implemented the Guidelines in the design of this building. Horizontal wood siding, double-hung windows, recessed doorways, authentic materials, appropriate window spacing, and many other elements contribute to a building compatible and in character with its surroundings.

OSC-3. Outward Views. Property owners cherish their views. New structures and associated landscaping should be so situated or kept low to avoid interference with existing outlooks.

The existing building offers no outward views except from inside. Provision of public access around the building would create superior public access and views than could be obtained from inside the building. In other words, the building need not have a "see-through" appearance if public access to views can be provided from the perimeter of the property. However, any new building should not substantially reduce existing views from other properties. Staff has requested that the architect present visual aids at the meeting that compare the existing building with the proposed building in terms of silhouette and mass/height, so that the Commission can better assess the potential effects.

Zoning Ordinance Conformance

The following section comprises an analysis of conformance of the proposal with provisions of the Tiburon Zoning Ordinance.

Use

The proposed retail/residential use is a conditionally-permitted change of use (requiring a Conditional Use Permit) under Section 2.11.02. New construction in the Village Commercial Zone also requires a Conditional Use Permit. In reviewing a conditional use permit, the Planning Commission is directed to consider the following issues under Section 4.04.02:

(a) Whether the location proposed for the Conditional Use applied for is properly related to the development of the neighborhood as a whole?

Staff believes that the location of the building is properly located within the context of Downtown Tiburon. The building should be built essentially on the front property line to continue the most successful development pattern along Main Street. The ground floor retail use is essential. It is Staff’s belief, based upon various reliable sources, that this site could not support a successful restaurant use.

(b) Whether the location proposed for the particular Conditional Use applied for would be reasonably compatible with the types of uses normally permitted in the surrounding area?

Downtown Tiburon contains a wide range of commercial-type uses within a small area. This includes retail shops, restaurants with indoor and outdoor seating, ferry docks, and offices. The retail/residential building will house relatively quiet uses. Obviously, residential uses on Main Street must attract occupants who are less sensitive to the types of activities and noises that occur in a Downtown commercial area than are most residents of a community. No one moving into these units should expect the same level of quietude that would exist in a residential neighborhood. This said, Staff believes that Main Street in Tiburon would be one of the more pleasant Downtown commercial areas in which to live, and finds no unacceptable incompatibility from a residential use in this location.

(c) Whether or not adequate facilities and services required for such use exist or can be provided?

Adequate facilities and utilities can be provided to serve the proposed use.

(d) Whether appropriate conditions and requirements have been imposed which would reasonably assure that the basic purposes of this Ordinance and the objectives of the General Plan are served?

Staff believes that a combination of conditions of approval placed on any approval would achieve the purposes of the Zoning Ordinance and achieve the objectives of the General Plan and deal effectively with any construction-related impacts.

(e) Whether the Town is adequately served by similar uses presently existing or recently approved by the Town?

Staff believes that the re-establishment of a successful commercial operation at this location is very important to the health of Downtown Tiburon. Additional minor retail space would not result in an over-concentration of such uses in the Downtown.

In accordance with Section 4.04.03 of the Zoning Ordinance, factors to be considered in determining whether or not any conditional use should be permitted in a specific location are:

(3) Other uses of land in the vicinity.

Staff believes that the proposed use is properly related to its service area, and that the additional small retail uses would serve a valuable purpose in Tiburon. The transportation facilities and utilities needed to serve the use are available.

(b) Probable effects on persons, land uses, adjoining properties, and the general vicinity, including:

(1) Probable inconvenience, damage, or nuisance from noise, smoke, odor, dust, vibration, radiation, or similar causes;

(2) Probable hazard from explosion, contamination, or fire;

(3) Probable inconvenience, economic loss, or hazard occasioned by unusual volume or character of traffic or the congregating of a large number of people; and

(4) The number of such uses presently existing or recently approved within the area.

Once in place, a new retail/residential building would have few effects on adjoining properties and could provide desirable public access for persons in the area. Short-term construction-related issues would need to be minimized through appropriate conditions and enforcement. These include noise, odor, dust, vibrations, parking, and access issues. As noted above, the residential use in a Downtown commercial area can lead to certain noise or inconvenience conflicts, but these are not unacceptable.

(c) The need of the community for additional numbers of such uses, paying particular heed to whether the neighborhood is already served by similar uses.

Additional small retail and residential uses would be of benefit to the Downtown.

Parking & Loading

The proposed project would provide no on-site parking, and no on-site parking ever existed for the prior Tiburon Tommie’s restaurant use. The precise number of parking spaces required for the proposed uses is 10 spaces. This would be considerably less than that required for a restaurant use, and also considerably less than the 45 spaces that the 1961 Marin County use permit for Tiburon Tommie’s required to be secured through off-site lease agreements.

The applicant is pursuing a long-term (minimum 50-year) parking lease with Main Street Properties to secure the required parking spaces. Per the conditions of approval, an executed lease conforming to the Town’s requirements will be required prior to the issuance of a building permit. Such a lease would probably be for spaces in the Beach Road parking lot or the Tiburon Boulevard parking lot, where unencumbered spaces still exist. The Main Street parking lot is considered fully encumbered by the Town and off limits for lease purposes. A long-term lease would be expected to run for essentially the lifetime of the building, commonly defined as 50-55 years. In the event that a parking lease cannot be obtained, the applicant would be required to return to the Planning Commission with other proposed solutions in conformance with the Zoning Ordinance.

Loading requirements for the proposed uses would be minimal, and would be accommodated along Main Street, for which specified loading hours are posted.

ENVIRONMENTAL REVIEW

The project is eligible for a categorical exemption under Sections 15303 and 15332 of the CEQA Guidelines. The preliminary determination by Staff is that the project would meet this exemption. Issues of construction noise, materials storage, construction parking, and so forth would be addressed through standard conditions of approval imposed at the design review and building permit stages.

AGENCY COMMENTS/CORRESPONDENCE

The Town has received letters of comment from the following agencies and persons:

BCDC dated September 13, 2001 (Exhibit 5). This letter is expected to be superseded by a more current letter.

Marin Municipal Water District dated October 29, 2001. (Exhibit 6).

Town Engineer dated October 5, 2001. (Exhibit 7).

Bill von Lackum dated October 10, 2001. (Exhibit 8).

RECOMMENDATION

1. That the Planning Commission, following the staff report and a presentation by the applicant, hold a public hearing to receive testimony.

2. That the Planning Commission adopt the Resolution (Exhibit 10) approving the application subject to the conditions of approval contained therein. Any specific direction that the Planning Commission wishes to forward to the Design Review Board should be added as conditions of approval to the Resolution.

EXHIBITS

Drawings (10 sheets) by Backen & Gillam Architects dated 9/7/2001.

Application materials dated 9/10/2001.

Planning Commission interpretation of Policy DT-12 dated August 13, 1997.

Excerpt from Draft Downtown Design Guidelines Handbook pertaining to Main Street.

Letter from BCDC dated 9/13/2001.

Letter from Marin Municipal Water District dated 10/29/2001.

Town Engineer comments dated 10/5/2001.

Letter from Bill von Lackum dated 10/10/2001.

Minutes of Planning Commission meeting of June 27, 2001.

Draft Resolution.

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