9 Main St Review

To:	PLANNING COMMISSION
From:	DANIEL M. WATROUS, SENIOR PLANNER
Subject:	9 MAIN STREET; CONDITIONAL USE PERMIT #19813; REVIEW OF PERMIT TO EXPAND AN EXISTING RESTAURANT; EDWARD AND LALEH ZELINSKY, OWNERS; SERVINO VENTURE II, APPLICANT
Report Date:	JANUARY 19, 2001
Meeting Date:	JANUARY 24, 2001

On January 27, 1999, the Planning Commission adopted Resolution No. 99-05 approving a request to expand an existing restaurant (Servino’s) located at 9 Main Street. Condition of Approval No. 10 of this resolution states that "outdoor seating shall be allowed after midnight; however, this provision shall be subject to review by the Planning Commission within two (2) years, or earlier if noise, disruption, or other nuisance-related problems are reported to the Town."

Since the approval of the expansion of Servino’s in 1999, Planning Staff have received no complaints regarding any aspects of the restaurant. A check of the files of the Tiburon Police Department also indicated no reports of "noise, disruption, or other nuisance-related problems" arising from the restaurant’s operations.

During the original review of the subject conditional use permit, the applicant indicated that a portion of the rear deck would be removed. The Planning Commission considered the removal of this deck area as a partial offset to the floor area to be added on the ground floor of the building. The reduced deck area would also mitigate the potential for larger groups outside the building creating noise or other disturbances. This portion of the deck was removed approximately 9 months ago.

The subject restaurant appears to be operating in conformance with the requirements of Resolution No. 99-05. The applicants appear to be operating the restaurant in a responsible manner, and this business is now an integral part of Downtown Tiburon. Staff does not feel that future reviews of this permit are warranted, as any pattern of disturbances which may occur in the future can be handled through code enforcement actions or, if necessary, through a revocation of the permit for cause.

Staff recommends that the Planning Commission conduct the review of this permit and give direction to Staff regarding any further permit review, if necessary.