everyday of the week - city of belvedere

April 3, 2019

Belvedere City Council 450 San Rafael Ave. Belvedere, CA 94920 Attn: Bob McCaskill, Mayor

RE: Town of Tiburon's Granting of #CUP2018-008 to Main Street Tiburon. LLC/ Sam's Anchor Cafe Allowing Live/Amplified Outdoor Music

Dear Council Members:

The Town of Tiburon approved on January 23, 2019 Sam's Anchor Cate's Conditional Use Application allowing live amplified outdoor music EVERYDAY of the week for up to 61 hrs. per week, at Sam's discretion, from 11 :30 a.m. until 8:00/9:00 p.m., with no limit to number of hours per week, nor decibel limits. An appeal was filed on February 4, 2019 with the Town of Tiburon and is scheduled to be heard on Wednesday, April 17, 2019 at 7:30 p.m.

Residents of Belvedere believe their properties will be negatively impacted by Sam's CUP, and having signed the attached "Petition Dated March 26, 2019 to Revoke or Revise Sam's Anchor Cate's Conditional Use Permit ... ", respectfully request Belvedere Council Members' participation in this matter by representing and voicing our collective interests and concerns with the Town Council of Tiburon, to the extent deemed appropriate.

Attached for Council Members' review are materials relating to this matter, including: " Petition Dated 3/26119 " Staff Report of 1/23/19 from Kyra O'Malley, incl. Exhibits 1-7 " Town of Tiburon Notice of Appeal_02/04/19 " Kyra O'Malley, Notice of Appeal Letter to Main Street Tiburon, LLC_02/19/19 " Town of Tiburon General Plan_?. Noise Element, Pgs 7-1 thru 7-4 " City of Belvedere General Plan_Chapter 9: Noise Element, Pgs 187 thru 200 " California Noise Control Act/California Health and Safety Code Sections 46000-46080 " The Ark_ 12/26/18_Article: "Sam's wants in on amplified outdoor music" " The Ark_01/30/19_Article: "Sam's gets the nod for regular live music on outdoor deck" " Mr./Mrs. Albert Richards' letter of 01/23/19 to Town of Tiburon Planning Commission " Mr./Mrs. Steve Wisenbaker's letter of 01/23119 to Town of Tiburon Planning Commission

"Noise nuisance" is something the City of Belvedere and its residents have dealt with over the years, and the very reason why Belvedere has a noise ordinance within its General Plan. Belvedere Council's active participation in this matter is very important to all of us who stand to be impacted by Tiburon's issuance to Sam's of such an unrestricted and seemingly unenforceable conditional use permit.

Thank/you, ~,/l

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If 1 {Ill •/1.-·L(,/

Meryl Wi aker 322 Beach Road Belvedere, CA 94920 c 415.601.9215 BELVEDERE CITY COUNCIL

AGENDA ITEM

MEETING DATE: 4-8-2019

ITEM NO. ~

The undersigned residents of Belvedere, in the interest of maintaining the "quiet, peaceful enjoyment" of our properties, petition the Town of Tiburon to revoke or revise that Conditional Use Permit (#CUP2018-008) issued on January 23, 2019 to Sam's Anchor Cafe, located at 27 Main Street (Applicant), on the following basis:

• INSUFFICIENT AND FLAWED INFORMATION WAS SUBMITIED BY APPLICANT to the Tiburon Planning Commission as evidence to support favorable consideration.

• NO SPECIFICALLY RELATED ACOUSTIC EVALUATION OR ANALYSIS WAS PERFORMED addressing the impact live amplified OUTDOOR music (including bands) would have on nearby Tiburon/Belvedere residents.

• NO DECIBEL LIMITS ARE IDENTIFIED IN THE CUP TO CONTROL VOLUME; therefore, no apparent means of enforcement exist for any occurring noise disturbances or "noise nuisance".

• UNPRECEDENTED IN DOWNTOWN TIBURON, CUP ALLOWS LIVE AMPLIFIED OUTDOOR MUSIC (INCLUDING BANDS), EVERYDAY OF THE WEEK up to 8-9 hrs. per day, for a maximum of 61 hrs. per week, at the discretion of Sam's Anchor Cafe.

• CUP DOES NOT CONFORM WITH CALIFORNIA NOISE CONTROL ACT/CALIFORNIA HEAL TH AND SAFETY CODE SECTIONS 46000-46062.

• CUP IS NOT CONSISTENT WITH TIBURON'S GENERAL PLAN, SECTION 7, "NOISE ELEMENT", which among other restrictions, calls for a 70-decibel (dBA) limit for "Amphitheaters" {live outdoor music category).

We, the undersigned residents of Belvedere, have read and agree to the above statements. Additionally, we attest that live amplified OUTDOOR music coming from Downtown Tiburon, including Sam's Anchor Cafe, can be heard at our properties and disturbs the quiet, peaceful enjoyment of our homes. The prospect of OUTDOOR live music at Sam's, occurring on a REGULAR basis, will be a "noise nuisance" and potentially impact our property values.

Therefore, we respectfully request Tiburon Town Council not ignore our claims and concerns, and either:

1.) Revoke Sam's Anchor Cate's CUP#2018-008 issued on 01/23/19 for reasons herein stated; or,

2.) Impose Tiburon's 70-decibel (dBA) noise limit as called for in the General Plan for this particular use, along with a reasonable limit to the number of hours per week, live amplified outdoor music can be played.

Sincerely,

(SIGNATURE PAGES FOLLOW ... )

PETITION DATED 3.26.19 TO REVOKE OR REVISE SAM'S ANCHOR CAFE'S CONDITIONAL USE PERMIT

WHICH ALLOWS LIVE AMPLIFIED OUTDOOR MUSIC SEVEN (7) DAYS PER WEEK

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TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920

Planning Commission Meeting January 23, 2019

Agenda Item: PH--2

STA.FF REPORT

To:

From:

Subject:

Members of the Planning Commission

Kyra O'Malley, Associate Planner

27 Main Street; File #CUP2018-008; Conditional Use Permit to Provide Outdoor Live Music on an Existing Deck for an Existing Restaurant (Sam's Anchor Cafe); Main Street Tiburon, LLC, Owner/Applicant; Assessor's Parcel No. 059-151-35

RECOMMENDATION

Following a public hearing, adopt the resolution (Exhibit 2) approving the application subject to the appropriate conditions.

PROJECT DATA

Address: Assessor's Parcel Number: File Number: Lot Size: General Plan: Zoning: Currently Allowed Use: Owner: Applicants: Flood Zone: Date Complete: PSA Deadline:

SUMMARY

27 Main Street 059-151-35 CUP2018-008 23,987 square feet Village Commercial VC (Village Commercial) Full-service Restaurant/Bar Main Street LLC (Sam's Anchor Cafe) Same as owner VE - Special Flood Hazard Area December 20, 2018 February 20, 2019

The applicant has submitted an application for a conditional use permit to provide outdoor live music on an existing exterior deck for the restaurant (Sam's Anchor Cafe) located at 27 Main Street in Downtown Tiburon.

Sam's Anchor Cafe has operated as a restaurant and bar since the 1920's. This restaurant currently provides indoor and outdoor dining services seven days a week. Historically, this restaurant has provided indoor and outdoor music for their patrons at various times throughout the decades. The applicant is requesting to formally limit live outdoor music on the exterior deck to Sunday through Thursday, 11 :30 AM to 8 PM and Friday to Saturday, 11 :30 AM to 9 PM. No

TOWN OF TIBURON PAGE10F6

Planning Cl)lllm.ission lvleeting January 13, 2019

other use or structural modifications are proposed in terms of hours of operations for food and bar services, access, staffing, tables, exterior lighting or location of bars and services stations.

PROPOSED USE

According the Use management Plan (exhibit 3) submitted by the owner, the existing restaurant has 172 interior seats and 266 exterior seats for a total of 438 seats with approximately 40 employees. The restaurant currently holds a Type 4 7 license from the California Department of Alcohol and Beverage Control (ABC), which authorizes sales of beer, wine, and distilled spirits for on-site consumption at a bona fide eating place. There are no modifications to the existing hours of operations, number of employees, food/bar services, number of interior/exterior seats with this application.

Use Characteristics The total outdoor dining area at Sam's Anchor Cafe includes approximately 2,700 square of seating space, and is situated south of the indoor dining room with views of San Francisco Bay, cityscape, and Angel Island. The existing restaurant has portable speakers located inside and outside which generally play music in the front bar area and exterior deck area. In addition, currently, there is live music in the front bar area of the restaurant and live music is allowed anywhere inside the restaurant. The proposal would formalize the limitations of live music to the outdoors on the deck space, 7 days a week. There are no additional speakers proposed with this application. According the Use Management plan, the individual bands would provide their own equipment.

Noise Levels

In 2015, the Planning Commission conditionally approved a Conditional Use Permit to install a canopy on a portion of the exterior deck. During that time, a noise study by Charles M. Salter Associates was submitted and reviewed by the Commissioners. The study included measurements from two residential locations on Corinthian Island (over 300 feet away from Sam's Anchor Cafe) and from Waters Edge Hotel, and in conclusion, with the proper acoustical materials and eisenglass siding, the canopy would not create a noise impact on the nearest residential properties and the adjacent hotel. The exterior canopy was never built and the application has since expired

As noise levels were previously analyzed, the applicant provided an updated letter (exhibit 4) from Charles M. Salter Associates which noted that the proposed project would not result in a significant noise impact. As such, no further noise analysis is required for this application.

GENERAL PLAN AND ZONING CONSISTENCY

General Plan The subject site is designated Village Commercial (VC), which typically allows resident-serving commercial and office uses, tourist-oriented uses, and mixed (commercial/residential or office/residential) uses. The following goals, policies, and programs of the Tiburon General Plan are germane to the review of this application:


GoalLU-D:

Policy LU-1:

Policy LU-2:

Policy LU 23:

Policy DT-3:

Policy DT-5:

GoalN-A

GoalN-B:

PolicyN-6:

PolicyN-9:

Plairning Commission Meeting January 23, 2019

To ensure that all land uses, by type, amount, design, and arrangement, serve to preserve, protect, and enhance the small-town residential image of the community and the village-like character of its Downtown commercial area.

The Town shall provide for sufficient diversity of land uses such that public, quasi-public, recreational and shopping facilities are conveniently located and available to each resident of the community.

The Town shall limit the type and amount of uses within the Town to those that are compatible with the nature, character and image of the Town as a quiet, small-town residential community with a village-like commercial area.

The Town shall support a diversity of commercial uses to serve the shopping and service needs of the community.

The Town shall actively promote the economic vitality of its Downtown.

The quality of residential neighborhoods within and adjacent to the Downtown shall be preserved with regard to unreasonable noise, traffic, visual and other impacts, with the understanding that such impacts are generated to a greater extent in Downtown commercial areas than in exclusively residential areas.

To ensure that residential areas are quiet and that noise levels in public and commercial areas remain within acceptable limits.

To eliminate or reduce unnecessary, excessive and offensive noises from all sources.

Hours of use of recreation and commercial facilities should be regulated to minimize offensive noise to ensure compatibility between such facilities and nearby residential areas.

New projects in Downtown shall, through site and building design and the use of the best available building technology, minimize the potential noise conflicts between commercial and residential uses, on mixed-use and adjacent residential properties.

Staff concludes that the use limitation for outdoor live music would be consistent with the goals and policies of the Tiburon General Plan, including noise policies.

Zoning Ordinance Section 16-52.040 (B) of the Zoning Ordinance establishes the purposes of conditional permit review. These include: 1. Determining whether the location proposed for the conditional use is properly related to

the development of the neighborhood or vicinity as a whole; 2 Determining whether the location proposed for the particular conditional use would be

reasonably compatible with the types of uses normally permitted in the surrounding area;


Planning Commission lvlceting January 23, 2019

3. Evaluating whether or not adequate facilities and services required for such use exist or can be provided;

4. Stipulating such conditions and requirements as would reasonably assure that the basic purposes of this Zoning Ordinance and the objectives of the General Plan would be served; and

5. Determining whether the Town is adequately served by similar uses presently existing or recently approved by the Town.

Staff concludes that the project, as conditioned, would conform to and would further these purposes.

Section 16-52.040 (D) of the Tiburon Zoning Ordinance lists the following factors to be considered in determining whether or not any conditional use should be permitted in a specific location:

1. The relationship of the location proposed to the service or market area of the use or facility proposed; transportation, utilities, and other facilities required to serve it; and other uses of land in tlte vicinity. The proposal is to formally limit outdoor live music to an existing restaurant and building. This use would continue to be compatible with other retail and service uses in the Downtown area.

2. Tlte compatibility of the design, location, size, and operating characteristics with the existing and future land uses in the vicinity. There are no modifications to the location and size characteristics of the existing restaurant. The operating characteristics of the proposed use would be similar to the prior use with the outdoor music. As mentioned before, the restaurant has been there since the 1920's and there has been a time when live music was provided to patrons throughout the Downtown area.

3. The probability of impairment to the µrchitectural integrity and character of tlie zoning district in which it is to be located. No modifications to the existing building are proposed with this application; therefore, the building would continue to be consistent with the other buildings in Downtown Tiburon.

4. Tlte protection of tlte public interest, health, safety, convenience, or welfare of the Town, or any probability of injury to property or improvements in the vicinity and zoning district in which the real property is located. Formalizing the use would improve the convenience of commercial services that serve residents in the Downtown Tiburon and would continue to be compatible with surrounding uses.

5. The need of the community for additional numbers of such uses, paying particular /teed to whether the neighborliood or vicinity is already adequately served by similar uses. The need for restaurants with vitality is expressed in both the Downtown Element of the Tiburon General Plan and the Downtown Tiburon Design Handbook. Formalizing the use limitation allows for enhanced activity in the Downtown.


PlanniJ1g Commission Meeting .January 23, 2019

6. The contribution that the proposed use would make to sustaining and improving the economic vitality and vibrancy of Tiburon, including encouraging resident-serving or tourist-serving uses in appropriate areas and uses that promote pedestrian activity. The proposed use is desired by the Town of Tiburon as it would contribute to the economic vitality and vibrancy of the Downtown. The proposed use would serve both residents and tourists and would promote activity in the Downtown.

ENVIRONMENTAL REVIEW

Staff recommends that the Planning Commission determine that the Project is exempt from CEQA pursuant to the same Class 1 categorical exemptions, and that no exceptions to the exemptions apply.

Class 1 Categorical Exemption (CEQA Guidelines§ 15301 - Existing Facilities) The existing restaurant currently provides indoor music and this application would consist of fonnally limiting live outdoor music on an existing deck for an existing restaurant. No modifications/alterations to the existing structure.

Categorical Exemption Exceptions (CEQA Guidelines§ 15300.2) Further, none of the exceptions listed in CEQA Guidelines Section 15300.2 apply. There is no evidence that the Project will result in any adverse environmental impacts and the Project does not involve any unusual circumstances. Although the project site is on the Tiburon's Local Historic Inventor of Buildings in Downtown, no physical changes to the existing building are proposed with this application. As such, the historic character of the building would be maintained. Indeed, the proposed project would not significantly impact any environmental resource. In addition, there is no evidence that any significant cumulative impacts would occur.

Specific supporting details regarding the project site include the following: (a) The existing structure is partially located above the bay; however, a restaurant has

operated at this location since the 1920's. As no new structures/improvements are proposed in or near the bay, there would be no significant impacts related to the location of the subject site.

(b) The proposed change in use would not result in cumulative impacts. As the number of seats would remain, the proposal would result in a reduction in the authorized intensity of the use on the site allowed by the conditional use permit as this restaurant use to provide outdoor music for many years.

( c) As noted above, the noise letter that was provided noted that no significant impacts would result. In addition, there is no evidence that any other significant impacts would occur as a result of the proposed application.

( d) According to the California Department of Transportation, there are no scenic highways in Marin County.

(e) According to the California Department of Toxic Substance Control, there are no hazardous waste sites in the Town of Tiburon.

(f) The existing structure is a historical resource because the structure is on the Town's Local Historic Inventory of Buildings in Downtown List; however, the structure is not on the following lists: 1) the California Historic Resources list; and 2) the National Register of

TOWN OF TIBURON PAGE 50F6

Pla1ming Commission Meeting January :n 2019

Historic Places; and (3) there is no evidence that the structure meets any of the criteria for listing. Even though the structure is listed on the Town of Tiburon's Local Historic Landmarks list, there are no modifications to the building or deck with this application. As such, no impact to this historical resource would occur.

It is a common practice for the Town of Tiburon to grant conditional use permits for music in the Downtown area. Such permits have been granted for 5 Main Street and 1651 Tiburon Boulevard (Tiburon Tavern).

PUBLIC COMMENT

As of the writing of this report, two letters in support have been received regarding this subject application.

CONCLUSION

The proposed use, as properly conditioned in this location, would not conflict with other uses in the vicinity and would continue to constitute a stable, long-term tenant in Downtown Tiburon. The proposal would be consistent with the development approach encouraged by the Town for properties in Downtown Tiburon in accordance with adopted goals, polices, ordinances, and guidelines, which would enhance the enjoyment of the restaurant and overall character of Downtown.

EXHIBITS

1. Application form and supplemental materials 2. Draft resolution conditionally approving the use permit 3. Use and Management Information document submitted by the applicant 4. Noise Memo from Charles M. Salter dated January 10, 2019 5. Email dated December 19, 2018 from Justin Flake, General Manager for Waters Edge 6. Email dated December 14, 2019 from Dan McMurtrie 7. Floor plans/Speaker plan

TOWN OF TIBURON PAGE 60F6

TYPE OF APPLICATION

/conditional Use Permit o Design Review (DRB) o Tentative Subdivision Map o Precise Development Plan o Design Review (Staff Level) o Final Subdivision Map o Accessory Dwelling Unit o Variance( s) # o Parcel Map o Zoning Text Amendment o Floor Area Exception o Lot Line Adjustment o Rezoning or Prezoning o Tidelands Permit o Condominium Use Permit o General Plan Amendment o Sign Permit o Junior Accessory Dwelling o Temporary Use Permit o Tree Permit o Other -------

APPLICANT REQUIRED INFORMATION

SITE ADDRESS: 2] Mo.\"' st{~-eJ PROPERTY SIZE: ---PARCEL NUMBER: 03'1 -I ~I - 35 ZONING: ------

PROPERTY owNER: M(l.;V\ sr-~ :ri~IJlfoY\ • LL(.

MAILING ADDRESS: yq1 W~s\\\vt~r\-vi\ lot\<\- 1 -t·1v4fov'\ ,. fA qyqu,

PHONE/FAX NUMBER: YIS::-=14¢1· 112.b Z.6i

;

APPLICANT (Other than Property Owner): 5'o..w. \ ,N\g1·"'

MAILING ADDRESS: -----"'-'---"--------------------PHONE/FAX NUMBER: S'\IM<. E-MAIL: :;.qlA.(. --'--'--------- ~--="---------

ARCHITECT/DESIGNER/ENGINEER__,,,_..___ __________ _ MAILING ADDRESS: -----'--------------------PHONE/FAX NUMBER: E-MAIL: ---------- ----------

Please indicate with an asterisk (*)persons to whom Town correspondence ~hould be sent.

BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed):

A&L4-W ""' sep(,,""'\.e s\.i~ .. d.

I, the undersigned owner (or authorized agent) of the property herein described, hereby make application for approval of the plans submitted and made a part of this application in accordance with the provisions of the Town Municipal Code, and I hereby certify that the information given is true and correct to the best of my knowledge and belief.

I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town grants the approval, with or without conditions, and that action is challenged by a third party, I will be responsible for defending against this challenge, with the defense counsel subject to the Town's approval. I therefore agree to accept this responsibility for defense at the request of the Town and also agree to defend, indemnify and hold the Town harmless from any costs, claims or liabilities arising from the approval, including, without limitation; any award of attorney's fees that might result from~:: party challenge.

Signature(required):* C--..~$:- Date: l \ / 1l}Z£>1£ I I

I understand that the property involving this permit request may be subject to deed restrictions called Covenants, Conditions and Restrictions (CC&Rs), or similar instruments that may restrict the property's use and development. These deed restrictions are private agreements and are NOT enforced by the Town of Tiburon. Consequently, development standards specified in such restrictions are NOT considered by the Town when granting permits.

I am hereby advised to determine if the property is subject to deed restrictions and, if so, contact the appropriate homeowners association or affected parties about the proposed project prior to proceeding with the application. Following this procedure will minimize the potential for disagreement among parties and possible litigation.

Signature (required):* L~. ~~ Date: \\)I{,/ 2ctl&

* If other than owner, you must submit an authorization letter from the owner or show evidence of de facto control of the property or premises for purposes of filing this application.

NOTICE TO APPLICANTS

Pursuant to California Government Code Section 65945, applicants may request to receive notice from the Town of Tiburon of any general (non-parcel-specific), proposals to adopt or amend the General Plan, Zoning Ordinance, Specific Plans, or an ordinance affecting building or grading permits.

If you wish to receive such notice, then you may make a written request to ·the Director of Community Development to be included on a mailing list for such purposes, and must specify which types of proposals you wish to receive notice upon. The written request must also specify the length of time you wish to receive such notices (s), and you must provide to the Town a supply of stamped, self-addressed envelopes to facilitate notification. Applicants shall be responsible for maintaining the supply of such envelopes to the Town for the duration of the time period requested for receiving such notices.

The notice will also provide the status of the proposal and the date of any public hearings thereon which have been set. The Town will determine whether a proposal is reasonably related to your pending application, and send the notice on that basis. Such notice shall be updated at least every six weeks unless there is no change to the contents of the notice that would reasonably affect your application. Requests should be mailed to:

Town of Tiburon Community Development Department

Planning Division 1505 Tiburon Boulevard

Tiburon, CA 94920 (415) 435-7390 (Tel) (415) 435-2438 (Fax)

www.townoftiburon.org

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Anchor Restaurant Corporation 27. 29. 31 & 33" lloln Street

Tll»•ron, Califon>la

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Rated noise power I voltage'

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Coverage angle (-6 dB)

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150 watts / 35 volts (rms)

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Enclosure material Painted ABS polymer

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Net weight

Product dimensions

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RESOLUTION NO. 2019-Draft

A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON APPROVING A CONDITIONAL USE PERMIT TO PROVIDE OUTDOOR LIVE MUSIC ON EXTERIOR DECK FOR AN EXISTING RESTAURANT LOCATED AT 27 MAIN STREET

ASSESSOR PARCEL NO. 059-151-35

WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows:

Section 1. Findings.

A. The Planning Commission has received and considered a conditional use pennit application (File #CUP2018-008) to provide outdoor live music for an existing restaurant (Sam's Anchor Cafe) located at 27 Main Street. The application consists of the following:

1. Application fonn and supplemental materials received November 19, 2018 2. Noise Memo from Charles M Salter, January 10, 2019 2. Plans received November 19, 2018

The official record for this project is hereby incorporated and made part of this resolution. The record includes, without limitation, the staff reports, minutes, application materials, and all comments and materials received at the public hearing.

B. The Planning Commission held a duly-noticed public hearing on January 23, 2019, and heard and considered testimony from interested persons.

C. The Planning Commission has found that the project is exempt from the requirements of the California Environmental Quality Act per Sections 1530l(e) of the CEQA Guidelines.

D. The Planning Commission has found, based upon the application materials and analysis provided in the January 23, 2019 staffreport, that the project, as conditioned, is consistent with the Tiburon General Plan and is in compliance with applicable sections of the Tiburon Zoning Ordinance, specifically Sections 16-52.040 and 16-22, and other applicable regulations. The proposed live music use would not alter the existing restaurant and bar use and would therefore remain compatible with the character and image of the town as a villagelike commercial area, as encouraged by Policy No. LU-2 of the Land Use Element.

Section 2. Approval.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the Town of Tiburon does hereby approve the Conditional Use Permit (File #CUP2018-008) authorizing outdoor

TIBURON PLANNING COMMISSION RESOLUTION NO. 2019-DRAFT 1123/2019

p._L_ nr_? ___ _

live music on an existing deck for and existing restaurant (Sam's Anchor Cafe) and approves operating conditions for the use as set forth below, subject to the following conditions of approval:

1. The use shall operate in substantial conformance with the Use and Management Information document, on file with the Town of Tiburon and available for public in File #CUP2018-008. Any substantial modification of the approved use, as determined in the reasonable discretion of the Director of Community Development, shall require an amendment to this use permit.

2. The approved hours for outdoor live music shall be limited to:

• Friday through Saturday: 11 :30 a.m. to 9 p.m. • Sunday through Thursday: 11 :30 am. to 8 p.m.

3. The use is approved for on-sale serving and consumption of beer, wine and spirits.

4. No outside display of merchandise or advertising is permitted other than posting of the restaurant menu and parking location and parking validation information required by this use permit.

5. If this approval is challenged by a third party, the property owner/applicant will be responsible for defending against this challenge, with defense counsel subject to the Town's approval. The property owner/applicant agrees to defend, indemnify and hold the Town of Tiburon harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney's fees that might result from the third-party challenge.

6. The Town reserves the right to amend or revoke this Conditional Use Permit for cause, in accordance with adopted regulations of the Town.

7. This conditional use permit shall be reviewed by the Planning Commission at a public hearing in approximately 180 days from the date of final approval. The Planning Commission, following the public hearing, shall have the authority to add or modify conditions of approval, or revoke the permit if deemed warranted.

8. This Conditional Use Permit approval shall become null and void if the approved use has not commenced within one (1) year of final approval, unless an extension is approved.

TIBURON PLANNING COMMISSION RESOLUTION NO. 2019-DRAFT 1/23/2019 2

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PASS ED AND ADOPTED at a regular meeting of the Planning Commission on January 23, 2019, by the following vote:

AYES: COMMISSIONERS:

NAYS: COMMISSIONERS:

ATTEST:

SUNG H. KWON, SECRETARY

ERICA WILLIAMS, CHAIR TIBURON PLANNING COMMISSION

TIBURON PLANNING COMMISSION RESOLUTION NO. 2019-DRAFT 1123/2019

L\H1Hn·

3

Sam's Anchor Cate

Use Permit Application

A General Description of Existing Use o Hours of operation have generally been the following:

• Monday- Friday 11:30 AM to 2 AM

• Saturday 9:30 AM to 2 AM

• Sunday 9:30 AM to 2 AM

o Breakdown of location and hours:

• Front Bar: Operating from open until close.

• Deck Area: Operating from open until 10 PM.

• East Banquet Room: Operating from open until 10 PM.

• Main Dining Room (west side of property): Operating from open until 10 PM.

o Please note that these are hours of service. Operating hours for employees have started

as early as 7 AM and gone until 3 AM.

o During hours of operation music has been played consistently at the front bar (adjacent

to the south entrance) and at the back bar on the deck (this is the east side of the deck

adjacent to Water's Edge Hotel). This music has been audible in all parts of the

restaurant and deck. This has been the practice for years according to Steve Sears,

previous owner.

o Intermittently, large parties have included amplified music being played in the east

banquet room, front bar, and on the deck.

• Note: this includes live music, amplified music, and bands.

o Restaurant service has generally ended around 10 PM at the latest, while bar service

regularly extends until 2 AM.

o Generally, the maximum number of employees on shift would not exceed 40 persons.

o Generally, all deliveries are made between 7 AM and 12 PM. Deliveries are generally

taken through the most eastern entrance to the restaurant.

o Total number of current seats:

• Deck Area 266

• West Dining Room 82

• East Dining Room 90

o Total interior floor area in SF is 8,810.

o Sam's currently holds a Type 47 Liquor License - On-Sale General Eating Place.

o Restaurant and Bar service is our primary business. This includes parties, music, events, and other gatherings.

o Currently, Sam's serves American seafood food, alcohol, and has amplified music on the

deck and indoors.

o Currently have speakers on the deck. The number and location of speakers varies

depending on the environment. Generally, will have at least one speaker in the bar area.

o Sam's aims to continue the support of local bands, like the Stickshifts, who have come

with their own amplified music, and varying number of band members.

? \

A General Description of Changes o We are applying for a permit to receive statutory approval of the existing practice to

have live music outside on the back deck consistently on the following schedule: • Sunday through Thursday: 11:30 AM to 8 PM

• Friday and Saturday: 11:30 AM to 9 PM

- · Ownership, Applicant, and Property Identification

o Conor H. Flaherty- 492 Washington Court, Tiburon, CA 94920

o Raymond M. Rosendin - 2110 Jackson Street, #204, San Francisco, CA 94115

Written Statements Describing Characteristics of Proposed

o Will not change hours of operation. Merely formalizing existing practices on a more

consistent basis. o No new products produced. o No new noise produced, merely formalizing existing practices on a more consistent

basis. o No hazardous or volatile materials or chemicals involved.

o We would like to have the ability to be flexible as to the location of the music playing on

the deck in locations that fit the circumstances.

o Existing lighting on the deck includes string lights. The configuration of these lights can

be altered from time to time. o After speaking with staff about the general support for the project from neighbors, we

all felt it prudent to hold off on conducting a sound study at this time.

Management Programs and Controls o On-site management, as is current practice, will be available to address any concerns.

Management will reach out to potentially affected persons to solicit feedback and make

adjustments as necessary. o Of note, the existing music program has not had a single complaint to the Town, to our

knowledge. • The only letter of complaint, to our knowledge, was mistakenly attributed to

Sam's, but we can prove that all of our programming had concluded hours prior

to the time notated in the complaint.

o The goal is to create a benefit to the entire community.

Acousiics

Audiovisual

Telecommunications

Security

Chorles M. Soller, PE

Oovtd R. Schwind. F ASA

Eric ISroadhur.t} Mor;. PE Philip N. Sandor~ lEED AP

Thomo>A ScJ,jndler, PE

Durond R. &i;iovli. 00. FAES

Kon Gr°"on. PE, RCDD, CTS.D

Anthony P. Nmh, PE

Jason R. Duty, PE

Eric A. Yeo

Joshuo M. Rol"'r, PE, LEED AP

Ethon C. Soller, PE. LEED AP

Al•tondor K. Salter. PE

Jeremy L. Ded:or. PE

Heotoor A. Soller

Croi9 l. Gdion, RCDD

Rob Hammond, I'S!'. NJCET Ill

Andt('W J.McKeo

Valerio C. Smllh. PE

Beniomin D. Piper

Ryon G. Ro.Jr.op, AIA. RCDD

Mlchool l. Bolduc, Cl'P

Dylon B. Mills, CTS

Dav1s H. Ko»h. CTS·D

Fo~pe Tovera

Diego Hornandez

Br1onC. WOlJrms

GTog R. Eneni.ioln

Dennis R.Mtff

Bio~" M. Woll; LEED GA

Ryon A. Schofield

Adrion L Lu

Stephen l. Leiby

Kolherlne M. /11\ooro

Jordon l. Roboris

Sybille M. Roth

Justin P. Ro!dlin9

louren von Blohn

Wdson Shoo

Wtntor R. Soecdi

Joke M. Schpero

H.,.1..,.Ng

Matthew D. Hilung

Nothon N. Sistek

Charles M. Salter

10 January 2019

Town of Tiburon

Sung H. Kwon, MCRP MBA AICP Director of Community Development Email: [email protected]

Kyra O'Malley Associate Planner Email: [email protected]

o~©~DWI§@

Ii JAN 1 4 2019 ~ PLANNING DIVISION

Subject: Sam's Anchor Cate - Request for Entertainment Permit Salter Project: 19-0015

Dear Sung and Kyra:

ASSOCIATES INC.

130 Sutter Street Floor 5 Son froncisco. CA 94104 T 415.397.0442 F 415.397.0454 www.cmsolter.com

At the request of Sam's Anchor Cafe, we have evaluated the noise issues associated with this application. About 3 years ago, our firm evaluated the potential noise impact for a similar condition (the proposed canopy) at the subject facility. During our previous study, we conducted acoustical measurements on Corinthian Island and in the hotel directly adjacent to Sam's Anchor cafe deck. The results of our previous analysis conduded that there would be "no adverse effect on either people on Corinthian Island or in the adjacent hotel."

For this new application, we reviewed our previously taken ambient measurements and have an understanding of the proposed music noise levels during the hours of operation. We received a copy of an email from Justin Flake, the hotel manager. In Justin's email (dated 19 December 2018), he supports the live music permit and expresses confidence that if issues arise, they can be handled.

Using our previously measured ambient noise levels on Corinthian Island, we conclude that the music noise at Sam's Anchor Cafe will be virtually inaudible.

In conclusion, it is our professional opinion that there will not be a "noise impact" or "adverse effect" as a result of approving this live music permit.

* Please contact me if you have any questions.

Sincerely,

CHARLES M. SALTER ASSOCIATES

Charles M. Salter, PE President

sh/CMS P: 2019-01-10 Sam's Anchor Cafe- Permit Application

* *

E>:~1r1~rr .t

Kyra O'Malley

From: Sent: To: Subject:

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Conor Flaherty <[email protected]> Wednesday, December 19, 2018 4:34 PM Kyra O'Malley Fwd: Sam's Permit Application

From: Justin Flake <[email protected]> Sent: Wednesday, December 19, 2018 3:16 PM To: [email protected] Cc: Coner Flaherty Subject: Sam's Permit Application

Hi Sung,

Just wanted to voice our support for Collin's live music permit. We are okay with it ending at 8pm on Weekdays and 9pm, on Weekends. We still have concerns but hope and trust that we can work with Collin directly, if it is causing a disturbance for us.

Thanks,

Justin

Justin Flake General Manager Marin Hotels -Acqua, Mill Valley Inn, Waters Edge (415) 388-9285 www.marinhotels.com

1 p. l or l

From: Dan McMurtrie <[email protected]> Sent: Friday, December 14, 2018 1:44 PM To: Conor Flaherty <[email protected]> Subject: Letter of Support for Sams proposal

To Whom It May Concern: My name is Daniel McMurtrie and I live on Belvedere at 345 Golden Gate Ave.

~~©~U\\9rn:~ ~ OEC 1 1 2018 · ~ PLANNING uiVISION

I am in support of the extended hours for outdoor music at Sam's that they are proposing. If you have any questions please feel free to call me at 804-986-8239(cell)

Thank you and Happy Holidays everyone.

Best, Dan

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APPELLANT(S) (Attach additional pages if necessG1y)

TOWN OF TIBURON NOTICE OF APPEAL

Town of Tiburon 1505 Tiburon Boulevard

Tiburon. CA 94920 Phone 415-435-7373 www. townof!iburon. ore

Name· Steve Wisenbaker and Meryl ·wisenbaker

Mailing Address: PO Box 954, Belvedere, CA 94920

Telephone: __ 4_15_.6_0_I._92_1_5 ____ (Work) __ 4_15_6_9_9._3_39_9 ______ (Home)

FAX and/or e-mail-( optional): ___ m_se_b_e_st_O_l@~a_o_l.c_o_m_an_d_s_w_is_b_k-'r@~p_ac-'b=-e_ll_.n_e_t ___ _

ACTION BEING APPEALED

'Review A~thority Whose Decisi'on is Being Appealed: Tiburon Planning Commission

Date of Action or Decision Being Appealed: __ Jan_._u_ary_2_3_,_2_0_I_9 __________ _

Name of Applicant: __ S_a_m_'s_M_a_i_n_S_t_r_ee_t_, _L_L_C_&_· _C_o_n_o_r_F_l_a_he_r_t.:;_y ________ _

Type of Applicatio or Decision: Conditional Use Permit - File #CUP2018-008 Allowing live music on an existmg dee~ for an existmg restaurant (Sam's Anchor Cafe) and approves operating conditions.

GROUNDS FOR APPEAL .(Attach additional page5- if n~cessary)

SEE ATTACHMENT

****************************************************************************** STAFF USE ONLY BELOW THIS LINE

Last Day to File Appeal: oL 14- / d-,D \') I

?:J.l) 0\1 FeePaid: ~- Receipt No. f?.Gf <? I .

Date Appeal Filed:_-=-~-=+-'4'-f-1 dv"-"--'Dl-1-) __ _

Date of Appeal Hearing: __ ·TB ...... 1-=->=})'-'. __ _

NOTE: Current Filing Fee is $500 initial deposit for applicant and $300 flat fee for non-applicant S:\Admi11istratio11\Forms\Notice of Appeolform revised 3-9-2010.doc Revised March 2010

ATTACHMENT /GROUNDS FOR APPEAL

TOWN OF TIBURON

NOTICE OF APPEAL- DATED JANUARY 4, 2019

FILE #CUP2018-008 -SAM'S ANCHOR CAFE

STEVE AND MERYL WISENBAKER, APPELANTS

1. No adequate notice given to Belvedere residents potentially impacted by live, amplified, outdoor music played on a continual basis during the week and on weekends. Because there wasn't adequate notice to Belvedere residents or its Planning Commission, there wasn't enough time provided to allow affected residents to submit opinions to Tiburon's Planning Commission on the lasting impact live, amplified, outdoor, music would potentially have on Belvedere residents, as well as the impact on property values.

2. The request for a continuance submitted in writing, as well as vocalized at the January 23rd

hearing, was not honored.

3. The CUP is inconsistent and does not adhere to Tiburon's General Plan. including but not limited to decibel (dB) limitations; Policy LU-2, Policy DT-5; Goal N-A & Goal N-B.

4. No method of enforcement is in place. We believe there should be appropriate penalties in place for non-compliance and repeat offenses.

5. Evidence used by the Planning Dept. to form an opinion was inadequate and flawed, i.e.:

• Exhibit 4- Charles M. Salter's "Noise Memo" dated 01/10/19 referencing a prior written acoustic evaluation ("About 3 years ago ... ") concerning the sound impact of a permanently installed outdoor canopy, specifically stated as part of that Application: "there shall be no amplified sound, public-address system, outdoor speakers or live music on any portion of the deck". An acoustics study for the sole purpose of determining sound impact on neighboring properties relating to the installation of a permanent outdoor canopy vs an acoustics study on the impact of live, amplified, outdoor music on neighboring properties, including Belvedere Island, is significantly different, and warrants its own acoustics report.

• Exhibit 6 - Email dated December 14, 2019 from Dan McMurtrie we believe is a conflict of interest in that he is an investor in Sam's Anchor Cafe, and his home at 345 Golden Gate Avenue faces southwest, is not impacted by Sam's outdoor music and, therefore, cannot be representative of those whose home faces northeast with a direct unobstructed line of sight to Sam's across the Bay.

6. No precedent exists matching the, largely, unrestricted privilege The Town of Tiburon CUP has granted Sam's Anchor Cafe to provide live, amplified, outdoor music in downtown Tiburon ... But, by granting this CUP, Tiburon will have created one.

Town ofTiburon • 1505 Tiburon Boulevard• Tiburon, CA 94920 • E 415.435.7373 E 415.435.2438 • www.rownoftiburon.org

February 19, 2019

Main Street Tiburon, LLC Coner Flaherty 492 Washington Court Tiburon, CA 94920

RE: Notice of Appeal - Conditional Use Permit Application File# CUP2018-008; 27 Main Street (APN: 059-151-35)

Dear Mr. Flaherty:

On January 23, 2019, the Planning Commission conditionally approved an application for outdoor live music on an existing exterior deck for Sam's Anchor Cafe, on the property located at 27 Main Street. On February 4, 2019, the Town received an appeal of the commission's decision to approve the project. The appeal has been scheduled to be heard by the Town Council on Wednesday, April 17. 2019 at 7:30 pm. in the Town Council Chambers.

In preparation for the Town Council meeting, we will need ten (10) reduced size (11x17) sets of plans for Council review by April 8, 2019.

If you have any questions regarding the process, please feel free to contact me at ( 415) 435-7397 or at [email protected].

CC: Steve and Meryl Wisenbaker P.O. Box954 Belvedere, CA 94920

7 NOISE ELEMENT

Traffic on U.S. Highway 101 and Tiburon Boulevard is the primary source of noise in the Planning Area. Occasionally, aircraft flying into and out of San Francisco International and Oakland International Airports fly over the Tiburon Peninsula. Other noise sources include garbage pick-up; construction; delivery trucks and the commercial activity Downtown and at the Cove Shopping Center; and boating near Downtown.

The Town does not have a Noise Ordinance. However, the Municipal Code limits the time of day that commercial vehicles, including waste management trucks, can operate in Downtown; prohibits the use of gaspowered leaf blowers within residential areas; and bans jet skis in Town waters.

7.1 EXISTING NOISE CONDITIONS

Traffic Noise

Government Code Section 65302(£) requires that current and projected noise levels be analyzed and quantified for highways, freeways, primary arterials, and major local streets. The law requires that noise contours, shown in terms of community noise equivalent level (CNEL) or day-night average level (Ldn), be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques.

The existing and projected noise level contours, based on existing and projected traffic, are shown in Diagrams 7.1-1 and 7.1-2.

Aircraft Noise

The California Division of Aeronautics is in charge of enforcing airport noise regulations for all airports within the state. The noise standards require that no residences, schools, hospitals or places of worship be within a Noise Impact Area. The Noise Impact Area is a line around an airport within which the noise level is at or exceeds 65 dB CNEL.

At the request of the County of Marin, San Francisco International Airport has conducted noise measurements at Tiburon, Bolinas and Pt. Reyes to quantify aircraft overflight noise. The studies have shown that noise generated by individual jets reaches maximum overflight noise levels of

TIBURON 2020 Town of Tiburon General Plan

September 2005 7. Noise Element

Page 7-1

45 to 70 dBA at these locations. The aircraft-generated CNEL ranged from 19 to 44 dB in Tiburon.

Sensitive Receptors

Sensitive receptors are those that are most affected by noise. The California Genernl Plan Guidelines lists schools, churches, convalescent homes, and sensitive wildlife habitat as sensitive receptors that should be identified in the General Plan. The locations of these sensitive receptors in the Plarming Area are shown in Diagram 7.1-3.

7.2 NOISE AND LAND USE COMPATIBILITY GUIDELINES

Land Use Cate o Residential (interior noise levels not to exceed 45 dBA Ldn) Transient Lod · , Motels, Hotels Schools, Libraries, Ornrches, Hospitals, Nursin Homes Auditoriums, Concert Halls, Am hitheaters

Playgrounds, Neighborhood Parks, Tennis Courts, Outdoor Recreation Water Recreation, Riding Stables, Golf Courses, Cemeteries Office Buildings, Business, Commercial & Professional

Community Noise Exposure, Ldn or CNEL, in dB 55 60 65

Normally Acceptable: Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal conventional construction, without any special noise insulation re uirements.

Conditionally Acceptable: New construction or development should be undertaken only after a detailed analysis of the noise reduction requirements is made and needed noise insulation features included in the des.i n.

Normally Unacceptable: New construction or development should be discouraged. If new construction or development does proceed, a detailed analysis of the noise reduction requirements must be made and needed noise insulation features included in the desi n.

Cleary Unacceptable: New construction or development clearly should not be undertaken.

TIBURON 2020 Town of Tiburon General Plan

September 2005 7. Noise Element

Page 7-2

7.3 NOISE GOALS

N-A: To ensure that residential areas are quiet and that noise levels in public and commercial areas remain within acceptable limits.

N-B: To eliminate or reduce unnecessary, excessive and offensive noises from all sources.

N-C:

N-D:

To minimize the exposure of community residents to noise through the careful placement of land uses that may cause noise impacts.

To minimize current noise impacts from Tiburon Boulevard and other high-volume roads on adjacent land uses that are sensitive to noise.

7.4 NOISE POLICIES

N-1: The Town shall use the Noise and Land Use Compatibility Guidelines contained herein to determine where noise levels in the community are acceptable or unacceptable.

N-2: The Town should use the Noise and Land Use Compatibility Guidelines to determine acceptable uses, and to require noise attenuation methods in noise-impacted areas.

N-3: Environmental reviews (environmental impact reports, initial studies/ negative declarations) of projects within the Tiburon Planning Area will be required to, where appropriate, include an acoustical analysis of the project's potential to cause a noise impact.

N-4: If the projected noise environment for a project exceeds the standards identified in the Noise and Land Use Guidelines, the Town shall require an acoustical analysis so that noise mitigation measures can be incorporated into the project design.

N-5: Motorized recreational vehicles (including h·ail motorcycles) shall be prohibited in off-road areas in the Tiburon Planning Area.

TIBURON 2020 September 2005 Town of Tiburon 7. Noise Element General Plan Page 7-3

N-6: Hours of use of recreation and commercial facilities should be regulated to minimize offensive noise to ensure compatibility between such facilities and nearby residential areas.

N-7:

N-8:

N-9:

N-10:

Noise walls, sound walls or any form of solid barrier shall be aesthetically compatible with the surrounding neighborhood.

The Town, in conjunction with the County of Marin and other cities and towns, shall attempt to reduce aircraft noise over the Tiburon Planning Area by working with the appropriate regulatory agencies.

New projects in Downtown shall, th.rough site and building design and the use of the best available building technology, minimize the potential noise conflicts between conunercial and residential uses, on mixed-use and adjacent residential properties.

Standard quiet construction methods shall be used where feasible and when construction activities take place within 500 feet of noise sensitive areas.

7.5 IMPLEMENTING PROGRAMS FOR NOISE

N-a: The Town should periodically assess the noise environment to identify noise sources that should be regulated to reduce excessive or offensive noise.

N-b: The Town should contact the appropriate regulatory agencies to ensure that they are aware of the Town's policy discouraging aircraft flyovers of the Tiburon Planning Area.

TIBURON 2020 September 2005 Town of Tiburon 7. Noise Element General Plan Page 7-4

E T . '"f' l ~, .\ ....

INTRODUCTION State Law requires that the General Plan include a Noise Element which is to be prepared according to the guidelines adopted by the California Office of Noise Control (ONC). This Noise Element, in accordance with State Law requirements:

o Assesses current and projected noise levels in the City,

o Assesses noise problems within the community,

o Measures and projects noise impacts of major transportation arteries,

o Adopts standards and criteria relating land use to reasonable noise levels, and

o Outlines implementation measures.

The Noise Element recognizes that excessive noise is socially disruptive, may be physically and psychologically damaging, and can diminish property values and levels of productivity. The Noise Element presents a framework for minimizing the adverse environmental impacts of noise in Belvedere.

The purpose of the Noise Element is to identify sources of noise in Belvedere and to define strategies for reducing the negative impact of noise to the community. The Noise Element describes compatible land uses for varying noise levels, provides background information on existing sources of noise, and projects noise conditions in 2030.

The Noise Element includes the following sections:

City of Belvedere General Plan

o Setting, including a Quantitative Analysis identifying major existing and future noise sources in the community, including both mobile and stationary sources, and Mapping of generalized noise level contours, to be used as a basis for land use decision making.

o Goals, Policies, and Actions addressing the community's exposure to existing and projected noise sources. These goals, policies and actions are derived from Belvedere's Overall Vision and Guiding Principles that preserve the special and unique sense of place of Belvedere while allowing changes tl1at enhance the community.

Page 1187

SETIING Belvedere is surrounded by water in nearly all directions, including Richardson Bay to the west and north, and Belvedere Cove and Raccoon Straits to the south. In addition to being surrounded by water, Belvedere also has an interior lagoon and two land "bridges" that connect the largest portion of the City to the rest of the Tiburon Peninsula.

With Belvedere's unique location, it is important that the public health and welfare of its residents be protected by reducing or eliminating noise impacts to residents and visitors.

1. Noise Terminology

o Decibel (dB) is a unit of measurement that indicates the relative amplitude of a sound. The zero on the decibel scale is based on the lowest sound level that the healthy, unimpaired human ear can detect. Sound levels in decibels are calculated on a logarithmic basis. Each 10 decibel increase in sound level is perceived as approximately a doubling of loudness over a fairly wide range of intensities.

o The A-weighted sound level (dBA) is the most common method to characterize sound in California. This scale gives greater weight to the frequencies of sound to wl1ich the human ear is most sensitive. All sound levels in this chapter are A-weighted, unless reported otherwise.

Page 1188

o Energy-equivalent sound/noise level

(Leq) describes the average level tl1at has the same acoustical energy as the summation of all the time-varying events. This descriptor is useful because sound levels can vary markedly over a short period of time. The most common averaging period for Leq is hourly, but it can be of any duration.

o Day/night average sound level (Ldn): Since the sensitivity to noise increases during the evening and at night, 24-hour descriptors have been developed that incorporate artificial noise penalties added to quiet-time noise events. Ldn is a measure of the cumulative noise exposure in a community, with a 10 dB addition to nocturnal (10 p.m. to 7 a.m.) noise levels. This is the measurement that the City of Belvedere normally uses in noise evaluations and analysis.

o Community Noise Equivalent Level (CNEL) is the energy average of the Aweighted sound levels occurring during a 24-hour period, with 10 dB added to the A-weighted sound levels occurring between 10 p.m. and 7 a.m. and 5 dB added to the A-weighted sound levels occurring between 7 p.m. and 10 p.m.

Common community noise sources and associated noise levels, in dBA, are depicted in Figure N-1 (Source: Ca/trans 2009).

Section 3. Chapter 9: Noise Element

FIGURE N-1: Common Community Noise Sources

Common Outdoor Activities

Jet Fly-over at 300m (10?0 _~

Gas Lawn Mower at 1 m ( 3 ft) I

Diesel Truck at 15 m (50 ft), I at 80 km (50 mph)

-~--

Noisy Urban Area, Daytime)

~as Law~ Mower, 30 ~ (:,.?~ft))

Commercial Area)

Heavy Traffic at 90 m (300 ft} . - - ~ '

Quiet Urban Daytime

Quiet Urban Nighttime

Quiet Suburban Nighttime

Quiet Rural Nighttime

Lowest Threshold of Human

Hearing


Noise Level

(dBA)

® ® ® ®

Common Indoor Activities

LRock Band

Food Blender at 1 m (3 ft) --~~~~~-~

~arbage Disp?sal at 1 m (3 ft)

1 Vacuum Cleaner at 3 m (10 ft)

t,!'Jormal Spe:_:~ at 1 m (3 ft)

Large Business Office - . -Dishwasher Next Room

Theater, Large Conferenc.e

Room (Background)

Library

1 Bedroom at Night,

Concert Hall (Background)

Broadcast/Recording Studio ------- --

Lowest Threshold of Human

Hearin a ,..

Page 1189

2. .Sources

The City of Belvedere has increasingly found that noise is a source of community concern. Excessive noise - from traffic, construction activities, landscaping equipment, and other, more sporadic sources such as amplified music and speech from yacht club special events - can be objectionable. Additionally, the irregular topography of the City, along with the surrounding water areas, causes noise to be transmitted in irregular ways, with some distant sources of noise seeming to be very near due to reflection off of water or hillside surfaces. The following provides a discussion of existing and future noise sources within Belvedere, as well as how these noise sources affect the various land use types in the city. Major noise sources that will be addressed include indoor and outdoor noises and noises created by construction activities.

1

11· . ~~;~;~~r~~~~it~~nc:~i~~te;~~=~ i:s a a si;~~~~v:~~ community concern, even though in absolute terms, noise levels may not exceed legal standards. Because of the way in which noise tends to "bounce" around, noises are heard in

locations that are quite unusual. Further, the topography tends to amplify some noises rather than absorb tl1em.

Belvedere is a Category I community. Within Belvedere, there has been some sensitivity to the transmission of sound over water and t o the use of noisy construction and landscaping equipment such as leaf blowers and saws. As per the Noise Ordinance, the City's Municipal Code specifically prohibits the use of portable gasoline engine powered leaf blowers.

Because Belvedere is a fairly quiet community, intermittent noise sources are noticeable. Many of the community organizations and private clubs have occasional events and activities that can be sources of noise on an intermittent basis. However, these community organizations and private clubs, such as the Lagoon Sailing Society, San Francisco Yacht Club, and Corinthian Yacht Club, have a long history in Belvedere and contribute greatly to community identity, so the intermittent noise sources created by normal operating conditions are considered acceptable.

TABLE N-1 : Noise levels as per Community Response Categories ~! .. );{if~m~:"~~~··l,it ;l . ,_ ::=~ ~: ~.;:{ H·~':~kti~f.~1 ":il : ... ·~ · .. ~ l •• '";; ~- ::~ .J'~ ~~: ;~:~u'!:\~~~ i; j.."· ·;i.~~'-:.i r;.1;*)ij <'.·'f.i.~

·,~~~~:~~:~~P?~~~;:r~~J~!.0JJ~~9!.t~~0!!~-~~~~:~~~9,:~ .j~~:~~r;'.~~r:~~ .. ~;~~";~ ~ Noise, l;.eveJ ~!...i' .*-;\~.t·~ ··{,,;'A.-:-.,t1,;;.;,0;~~~~$i"f1i. ·. '·~ \.:1 .• u-~~1t'; ;;.it~'; !'i~,,,,:~«+JI~~~ .... ·~~~ .;.-., .. ;:.:A 1~1t~.:~;r.g~~r~ ~J.; : .. 1;~ ! ~\~~~.i.~~~ilf~~t-5:: ~~~ .. ~~~]·~!:)~: ;~~~r~~~ ._:1~~t~1: I u~~li~ ~~~·~

I. Some noise complaints may occur, and noise may, 55-65

occasionally, interfere with some activities.

II. In developed areas, individuals may complain, 65-75

perhaps vigorously and group action is possible.

Ill. In developed areas, repeated vigorous complaints Over 75

and concerted group action might be expected.

Page I 190 Section 3, Chapter 9: Noise Element

3. Noise Regulations in Belveder·e

The City of Belvedere's Noise Ordinance strictly regulates noise within the City. It is intended to protect the peace, health, safety and general welfare of the citizens of Belvedere from excessive, unnecessary and unreasonable noises. It prohibits the operation of gasoline engine powered blowers and prohibits any person from making ,;any noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person." According to the Municipal Code, the conduct of any noise which is "plainly audible at a distance of 50 yards from the structure, vehicle, or premises" warrants a citation. The Ordinance restricts noise on the weekends after 11 p.m. and after 9 p.m. on the weekdays.

One of the requirements of a Noise Element is to facilitate the noise insulation standards contained in the State Building Code that are applicable to new multifamily housing developments. These requirements apply to Belvedere's multi-family R-3 Zoning Districts.

Wl1ere the exterior noise exposure level is 60 dBA Ldn or greater, the residential building must attenuate the interior noise level to 45 dBA Ldn or less in residential living areas. Tl1e intent of the Noise and Land Use Compatibility Guidelines is to achieve an interior noise level of 45 dBA Ldn or less in all new residential housing. Three acceptability categories are identified:

o Normally Acceptable category: where a use would be acceptable without additional mitigation measures;

o Conditionally Acceptable category: where a use would be acceptable witl1 the application of mitigation measures; and


o Unacceptable category: where a use may be unacceptable even after the application of available mitigation measures.

4. land Use Compatibility

To assist with evaluating the compatibility of land uses with various noise levels, the California General Plan Guidelines compare the compatibility of noise levels with various land uses. Figure N-2 summarizes the Guidelines' recommendations.

Noise-sensitive land uses within the City consist predominantly of residential land uses, which are generally located within three distinct neighborhoods. Belvedere Island has the largest land area and is the most varied in terms of topography and landforms. Belvedere Lagoon forms a second, flatter portion of the City which surrounds the interior waterway. A third neighborhood is formed on Corinthian Island facing Belvedere Cove, where the island residents share borders with the Town of Tiburon. Smaller, distinct neighborhoods are associated with streets and blocks, such as San Rafael Avenue and West Shore Road. To a lesser extent, other noise-sensitive land uses located within the City of Belvedere include places of worsl1ip and community parl-<s.

Page I 191

FIGURE N-2: Land Use Compatibility for Community Noise Environment

L<md u~ Cat~

0\1~1;r Sp.;r~ ~,,q fl..-; rem;ic;1n, Niti! hbQ.rh vi<d P<lrk$ . ~rid ~}'gl'Q•,m~

Schools. Librairie~ M~m~ Hospitlb. P~ Care. Mll!!1:ifl$!; 1l-4alls . Church~s

'>5 80

D NQPJ\LULY ACCEPTAfil.E. Spl!\:i.fil!d. ~td l.l!'> c; :;at.i..¢ •:tvrr. ~-'!'.:i I.LP .n th~ .m u w ,::·til7tt t.iut «.ny b<..>tld.W.ir; m.,.;;lm ~"'

of ll'"'1'tlw.l c=•~ni:t•'ll<ll cQU'i\X',><:tt<:·n . v.-ii:h<;•.<t -m~- 'f;ic1.&l m•;1i.l.11:i•m fi!<:{VUOl.u~nt~ .

• • CONDITIONALLY ACCEPTABLE,, Sfe<:1ft~ ~d ,,~ m~y b-:i p-.rm.1i:~d. ont:- .i~r d>! ".9.Llo:!d malp 1S of tho:! n<m'! r!!cl1><.."n•:m

!"!~r'!m'!nt> m d n~d r.wt~ 11.1.:;i,i.l.1.1;1= ~iJ~'"!!> mc b.>•W m tlti! ~'i~ .

lJ NA.CCEPT.Ul.E. t -,..,.,. court~-ucti.<m '"' dio··'!l<:>pmo!ut !hc....td ~ll!!nlly ttc>t \,e v.uc..;-mk•m b~.w.~.;; m1t:\~.1.t 1 1w. 1! "~tlh· uc;i;

f~r.b t-. to com~iy •nth n o ts'! '! li!tuomt pqlu::'!~ .

S. Existing Noise Conditions

A noise study was completed as part of the General Plan update, and it included noise measurements along major roadways. Noisesensitive land uses, ambient noise levels, and major noise sources within the City are discussed in more detail below.

Ambif2D1 NQ.ise Environment

Short-term (10-minute) noise level measurements were conducted in 2009 for the purpose of documenting and measuring tl1e existing noise environment at various locations throughout the City as part of the Noise Study and Background Report. Ambient noise measurement locations and corresponding measured values (i.e., Leq and Lmax) are summarized in Table N-2. Table N-2 also

Page I 192

presents calculated average-daily noise levels (in CNEL/Ldn) at measured locations.

Per Table N-2, major roadways contributing to the ambient noise environment include Tiburon Boulevard, San Rafael Avenue, and Beach Road. Based on the noise surveys, traffic noise levels along area roadways generally range from the upper 40's to the mid 60's (in dBA CNEL) measured from approximately 25 feet from roadway centerlines. Figure N-3 illustrates tile future cumulative noise contours along Tiburon Boulevard, which is the main source of arnbient noise in the community.

There are no nearby public or private airports or railroads that contribute substantially to the ambient noise environment.

Section 3, Chapter 9: Noise Element

TABLE N-2: Summary of Measured Ambient Noise Levels

San Rafael Avenue at Edgewater Road, 10:25-10:45 61.1 77.3 1 Vehicle Traffic 60.6

25 Feet From Roadway Centerline 22:00-22:10 49.8 66.3

San Rafael Avenue at Leeward Road, 11:10-11:20 Vehicle Traffic, 56.5 73.1 2

25 Feet From Roadway Centerline 22:25-22:35 Construction Noise 45.9 60.7 56.3

Community Road at Belvedere Park, 11:30-11:40 50.0 64.0 3 Vehicle Traffic. 52.4


11:55-12:05 50.2 64.8 4 270 Beach Road, Property Line Vehicle Traffic.

23:10-23:20 39.2 49.2 49.9

Belvedere Avenue at Belvedere Way, 12:15-12:25 48.7 62.8 5 Vehicle Traffic. 49.1


BelleVista Avenue at Toyon Avenue, 12:40-12:50 51.1 70.2 6

Property Line Vehicle Traffic.

00:10-00:20 38.7 46.2 50.4

09:45-09:55 Vehicle Traffic 56.7 69.2

7 Beach Road at Peninsula Road,

00:35-00:45 Vehicle Traffic 45.7 64.4 56.4 35 Feet From Roadway Centerline

13:05-13:15 Dredging 60.5 68.6

Beach Road North of Main Street, 13:30-13:40 62.5 78.1 8 Vehicle Traffic. 62.6


Tom Price Park, 90 Feet From 13:55-14:05 55.7 1.4 9

Centerline of Tiburon Boulevard Vehicle Traffic.

01:15-01:25 43.7 53.9 55.1

Bayview Avenue at Golden Gate Avenue, 14:25-14:35 48.9 66.3 10

Property Line Vehicle Traffic

01:55-02:05 39.2 47.4 49.0

Note: Table N-2 is extracted from the Noise Background report prepared for the City of Belvedere by AMBIENT Air Quality & Noise Consulting, November 2009.

1. Measurement locations correspond to those depicted in the Noise Background Report.

2. CNEL calculated based on measured daytime and nighttime noise levels.

C.Qnstruction Nqi.,_se I rn Qgcts

Of particular concern are the impacts from ongoing construction activity within the community. Due to the high property values, there is an ongoing interest in home improvement projects. Construction and development create noise that can adversely affect residents. Stakeholder Focus Groups meetings held in Fall 2008 identified sound at construction sites as a major source of annoyance.

Page I 194

Construction noise typically occurs intermittently and varies depending upon the nature of the work being completed, whether it is demolition/land clearing, grading and excavation, or erection of construction. Noise generated by construction equipment, including earth movers, pile drivers, material handlers, and pottable generators, can reach high levels. Tl1e U.S. Environmental Protection Agency (EPA) has found tl1at the noisiest equipment types operating at construction sites typically range from 88 dBA to 91 dBA Leq at 50 feet.


The City's Municipal Code limits noisegenerating construction and demolition activities to the hours between 8 a.m. and 5 p.m. Monday through Friday. Noise generating construction and demolition activities are prohibited on weekends and City-recognized holidays. The City Manager may, upon his discretion, grant written exceptions to this condition whenever sucl1 work can be demonstrated to be necessary to protect the public's health and safety.

£1.mp' 'f ied-Noise and Mechanica l

Eguiq_r:nent

There also has been a need identified for placement and design regulations for exterior speakers in and around residential zones, particularly in the Lagoon Area where noise travels across the water. Other noise sources that would affect noise levels in residential areas would also include emergency generators, multiple air conditioning units, roof-mounted exhaust fans, pool and spa equipment, and commercial-scale incline elevators. There are also some infrequent and erratic loud noise sources that related to construction, as discussed in the previous section.


6. Future Noise

The noise environment in the City of Belvedere is not expected to change as a result of the implementation of the General Plan. Vehicular traffic noise, the dominant source throughout the city, is not anticipated to change substantially along local streets or major through routes, including Tiburon Boulevard and San Rafael Avenue.

Page I 195

GOALS, POLICIES AND ACTIONS The community envisions that "The public health and welfare of its residents be protected by reducing or eliminating noise impacts to residents and visitors". In order to ft!lrther this mission, the following G1:.1iding Principles have been developed:

o Establish stamdards for acceptable indoor and outdoor noise levels.

o Reduce noise impacts caused due to const ruction/remodeling activities.

o Incorporate noise consideration into land use planning by locating uses that generate noise away from resident ial land uses and other design guidelines.

o Minimize the noise impacts caused due to traffic on adjacent land uses.

The following goals, policies and actions shall be implemented by the City of Belvedere in order to support the above Guiding Principles:

Goal N-1 : Continue to maintain compatible noise levels within the city and to protect the public health and welfare of its residents by reducing or eliminating unnecessary noise impacts.

Policy N-1.1: Utilize the Noise and Land Compatibility Standards shown in Figure N-1, and the noise level performance standards in Tables N-1 and N-2, as a guide for future planning and development decisions.

Actions:

N-1.1.1: Continue to apply the current Noise Ordinance to regulate construction noise, amplified sound, hours of use for equipment, etc.

N-1.1.2: Adopt and apply quantitative noise standards for stationary noise sources, to be incorporated into the City of Belvedere Municipal Code (Title 8, Health & Safety, Chapter 8.10, Noise) for the resolution of noise complaints associated with existing sources.

Policy N-1.2: New development of noise-sensitive land uses proposed in noise-impacted areas shall incorporate effective mitigation measures into the project design to reduce exterior and interior noise levels to acceptable levels.

Page I 196

Actions:

N-1.2.1: For new single-family residential development, maintain a standard of 60 Ldn (day/night average noise level) for exterior noise in private use areas.

N-1.2.2: For new multi-family residential development maintain a standard of 65 Ldn in community outdoor recreation areas.


Policy N-1.3: Minimize noise due to construction impacts.

Actions:

N-1.3.1: Approval from the Building Permit and Planning Departments is required to be issued for all construction requirements in the City. The hours for construction shall continue to be limited from 8:00 a.m. to 5:00 p.m. Monday through Friday. The City Manager may, upon discretion, grant written exceptions to this condition whenever such work can be demonstrated to be necessary to protect the public's health and safety.

N-1.3.2: A noise control plan shall be reviewed as part of Design Review for all development applications involving pile driving or jack hammering.

Policy N-1.4: Minimize noise generated from outdoor uses and events such as exterior speakers, spa and pool equipment, roof-mounted exhaust fans, emergency generators, multiple air conditioning units, exterior inclined elevators, as well as infrequent loud noises such as pile driving that can be disturbing to nearby homes.

Actions:

N-1.4.1: The City of Belvedere shall not approve of any mechanical equipment that exceeds 55 dBA at the property line without appropriate mitigation measures.

N-1.4.2: A Design Review Ordinance amendment study shall be conducted that will address the design of exterior speakers and other audio equipment.

N-1.4.3: The operation of nuisance noise sources shall typically be prohibited between the hours of 9:00 p.m. and 7:00 a.m., Sunday through Thursday, and between 11:00 p.m. to 7:00 a.m. on Fridays and Saturdays. These restrictions shall also apply to amplified sounds and mechanical equipment in neighborhoods, such as HVAC equipment, exhaust fans, generators, and landscape equipment.

N-1.4.4: Exterior speakers are discouraged. If installed, exterior speakers shall be minimized and shall face the subject residence rather than being directed outward toward the hillside and water. Amplified sound shall not be directed towards the neighboring properties or the water. Sound from exterior speakers and equipment will be contained by appropriate insulating features.

N-1.4.5: Erratic loud noise sources such as pile driving shall conform to the City's mandated construction hours of 8:00 a.m. to 5:00 p.m. on weekdays, and shall not occur on weekends or City holidays.

N-1.4.6: Exterior inclined elevators installed in the City sl1all provide adequate noise buffers such as fencing so as to reduce the noise impacts to 60 dBA.

N-1.4. 7: Discourage the use of gas-powered landscape equipment and encourage the use of electric versions.

City of Belvedere General Plan Page 1197

IV. REFERENCES

Ambient Air Quality and Noise Consulting. 2010. Noise Impact Analysis for City of Belvedere General Plan Update.

Association of Bay Area Governments (ABAG). 2006. Association of Bay Area Governments Local Hazard Mitigation Plan, Cily of Belvedere Annex.

Association of Bay Area Governments (ABAG). 2009. Projections 2009, Forecasts for the San Francisco Bay Area to the Year 2035.

Bay Area Air Quality Management District (BAAQMD). 2009. Bay Area Air Quality Management District Draft CEQA Air Quatny Guidelines.

Bay Area Air Quality Management District (BAAQMD). September 1, 2009. Draft Summary of Review and Evaluation of Potential Control Measures.

Bay Area Air Quality Management District. 2000. 2000 Clean Air Plan.

Belvedere-Tiburon Recreation District. 2010. http://www.btrecreation.com/

California Air Pollution Control Officers Association (CAPCOA). June 2009. Model Policies for Greenhouse Gases in General Plans.

California Air Resources Board (CARB). 2009a. AB 32 Climate Change Scoping Plan.

California Department of Finance (DOF). 2009. E-5 Population and Housing Estimates for Cities, Counties and the State, 2001-2009, witl1 2000 Benchmark. Sacramento, California.

California Department of Justice, Office of California Attorney General. 2008. Brown, Edward G., Jr., Attorney General. The California Environmental Qualiiy Act, Addressing Global Warming Impacts at the Local Agency Level.

California Energy Commission (CEC). 2006c. Our Changing Climate: Assessing the Risks to

California Energy Commission (CEC). 2008. Update to the Greenhouse Gas Inventory. (http://www.climatechange.ca.gov/policies/greenhouse_gas_inventory/index.html)

California Energy Commission (CEC). 2010. http://www.energy.ca.gov/

California Environmental Protection Agency (Cal/EPA). 2007b. FAQS Frequently Asked Questions About Global Climate Change. (http://www.climatechange.ca.gov/background/faqs.html)

California Environmental Protection Agency (Cal EPA). 2009. Climate Action Team Biennial Report to the Governor and Legislator.

California Governor's Office of Planning and Research. 2008. OPR Technical Advisory on CEQA and Climate Change.

California Natural Resources Agency. 2009. 2009 California Climate Adaptation Strategy Discussion Draft. Publication CEC-500-2006-077.

City of Belvedere. 2009. Sustainable Belvedere, Greenhouse Gas Emissions lnvento1y, Municipal and Community Scale Analysis, Baseline Year 2005.

Crane Transportation Group. 2009. Crane Transportation Group Input to Belvedere Circulation Element.

City of Belvedere General Plan Page 1199

ENGEO Incorporated. 2009. Geologic Hazards and Mitigation Measures: General Plan Update Belvedere, California.

Marin Municipal Water District (MMWD). 2006a. Marin Municipal Water District, Urban Water Management Plan 2005.

PMC. February 2010. City of Belvedere Housing Element Update and General Plan Update Draft Initial Study/Mitigated Negative Declaration.

San Francisco Bay Conservation and Development Commission (BCDC). September 2008. A Sea Level Rise Strategy for the San Francisco Bay Region.

San Francisco Bay Conservation and Development Commission (BCDC). 2009a. (April) Draft Staff Report. Living with a Rising Bay: Vulnerability and Adaptation in San Francisco Bay and on its Shoreline. (http://www.bcdc.ca.gov/proposed_bay_plan/bp_1-08_cc_draft.pdf)

San Francisco Bay Conservation Development Commission (BCDC). 2009b. Sea Level Rise 2050 and 2099 Inundation Forecast Maps for the Central Bay Area.

State of California Natural Resources Agency. 2009. 2009 California Climate Change Adaptation Strategy.

Town of Tiburon. 2005. Tiburon 2020 General Plan Draft EIR.

Town of Tiburon. 2005. Tiburon 2020 General Plan.

Town of Tiburon. 2008. Easton Point Environmental Impact Report (EIRJ.

Transportation Authority of Marin. 2009. Marin Congestion Management Program.

Transpo1tation Authority of Marin. February 2003. Moving Forward: A 25-year Transportation Vision.

United States Bureau of Labor Statistics. September 22, 2005. Work at Home in 2004 Summary. (http://www.bls.gov/nls/home.htm)

United States Census Bureau. 1990 and 2000 Population Statistics.

William Roop and Sally Evans, Archeaological Resource Service (Roop & Evans). 2009. An Evaluation of Cultural Resources and a Legislative Overview for the City of Belvedere, Marin County, California.

WRA Environmental Consultants. 2008. Biological Technical Report: City of Belvedere General Plan Update. San Rafael, California.

Page I 200 SecUon 4, Refe,ences ~ ·~ ·

California State Government Code Section 65302 Mandates that noise elements be included as a part of city general plans and that cities adopt comprehensive noise ordinances.

California Noise Control Act California Health and Safety Code

Sections 46000 - 46080 Glendora Code on Noise and PA Control

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4600. The Legislature hereby finds and declares that:

(a) Excessive noise is a serious hazard to the publ ic health and welfare.

(b) Exposure to certain levels of noise can result in physiological, psychological, and economic damage.

(c) There is a continuous and increasing bombardment of noise in the urban, suburban, and rural areas.

( d) Government has not taken the steps necessary to provide for the control , abatement, and prevention of unwanted and hazardous noise.

(e) The State of California has a responsibility to protect the health and welfare of its citizens by the control , prevention, and abatement of noise.

(f) All Californians are entitled to a peaceful and quiet environment without the intrusion of noise which may be hazardous to their health or welfare.

(g) It is the policy of the state to provide an environment for all Californians free from noise that jeopardizes their health or welfare. To that end it is the purpose of this division to establish a means for effective coordination of state activities in noise control and to take such action as will be necessary to achieve the purposes of this section.

46022. "Noise" means and includes excessive undesirable sound, including that produced by persons, pets and livestock, industrial equipment, construction, motor vehicles, boats, aircraft, home appl iances, electric motors, combustion engines, and any other noise-producing objects.

46001. No provision of this division or ruling of the Office of Noise Control is a limitation or expansion:

(a) On the power of a city, county, or city and county to adopt and enforce additional regulations, not in conflict therewith, imposing further conditions, restrictions, or limitations.

(b) On the power of any city, county, or city and county to declare, prohibit, and abate nuisances.

(c) On the power of the Attorney General , at the request of the office, the state department, or upon his own motion to bring an action in the name of the people of the State of California to enjoin any pollution or nuisance or to protect the natural resources of the state.

( d) On the power of a state agency in the enforcement or administration of any provision of law which it is specifically permitted or required to enforce or adm inister.

(e) On the right of any person to maintain at any time any appropriate action for relief against any private nuisance as defined in the Civil Code or for relief against any noise pollution.

46060. It is the purpose of this chapter to encourage the enactment and enforcement of local ordinances in those areas which are most properly the responsibility of local government. It is further the purpose to insure that the state is of maximum assistance to local agencies in the discharge of those responsibilities,

44507. "Pollution" means an alteration of the quality of the environment of the state and shall be determined by the various standards prescribed from time to time by this state, the federal government, or any agency, department, or political subdivision of this state or the federal government, and may include, but is not limited to, earth, air, or water pollution, pollution caused by solid or hazardous waste disposal, thermal pollution, radiation contamination, the release of hazardous materials, or noise pollution. Pollution also includes, but is not limited to, the contamination of soil or groundwater resulting from the release of hazardous materials, as defined in Section 25260, or the presence of asbestos or lead paint, at sites with a reasonable potential for economically beneficial reuse.

furnishing technical and legal expertise to assist local agencies in the enactment and enforcement of meaningful and technically sufficient noise abatement measures.

HEAL TH AND SAFETY CODE SECTION 46060-46062 Office of Noise Control 46062. The office shall provide assistance to local agencies in the preparation of model ordinances to control and abate noise. Such ordinances shall be developed in consultation with the Attorney General and with representatives of local agencies, including the County Supervisors Association of California and the League of California Cities. Any local agency which adopts any noise control ordinance shall promptly furn ish a copy to the office.

California Land Use Compatibility Noise Guidelines LAND USE CATEGORY -- Residential - Low Density, Single-Family, Duplex , Mobile Homes

Normally Acceptable Conditionally Normally Clearly Unacceptable

Acceptable Unacceptable

50-60 dBA 55-70 dBA 70-75 dBA 75-85 dBA

Source: California Land Use Compatibility Noise Guidelines - Community Noise Equivalent Level (CNEL *)

Glendora Single-Famil~ Residential - Noise Regulations 7:00 am 7:00 pm 55 dBA

7:00 gm 10:00 gm 50 dBA

10:00 pm 7:00 am 45 dBA

Source: Cit't. of Glendora MuniciQ.al Code, ChaQ.ter 9.44, Noise Regulation.

An overview on the Law of Nuisance - Glendora Code on Noise - City of Glendora Law of Nuisance Code Glendora Code on Zoning - Glendora Environmental Impact Report

°'

Ambient noise: background or existing noise level. The composite of noise from all sources near and

far in a given environment, exclusive of occasional and transient intrusive noise.

CNEL (Community Noise Equivalent Level): a noise measurement scale applied over a 24-hour period to all noise events received at the measurement point. It is weighted more heavily for evening and night periods in order to account for the lower tolerance of individuals to noise during those periods.

EIR: environmental impact report, a requirement of CEQA.

EIS: environmental impact statement, a requirement of NEPA.

EPA: federal Environmental Protection Agency.

•

DEC EMBER 26 , 2 0 18 · THE ARK

Strawberry board balks at planned changes to design-review duties County officials deny revisions would strip responsibilities By EMILY LAVIN [email protected]

The Strawberry Design Review Board and some members of the community are pushing back against proposed changes to the county's development code they say would significantly limit the board's ability to weigh in on a variety of projects, from home modifications to large-scale developments like the ongoing seminary-site project.

The board voted 4-0, with member Penna Omega absent, at its Dec. 17 meeting to reject the proposed changes, responding to the county Commu-

nity Development Agency with its own modified text aimed at protecting the advisory board's current functions.

Under the county's proposal, the revised code appears to narrow what ... unincorporated Marin's three design review boards - the Strawberry and Tamalpais design review boards and the Kentfield Planning Advisory Board - can consider and recommend in advising the county on development projects. While the current code says a design review board's job is to consider compliance with "the countywide plan, applicable community plans and other specific plans and the development code," the revised code only specifies

compliance with "applicable community plans."

Strawberry is guided by the Strawberry Community Plan, which was established in 1973 and provides guidelines for density, traffic and more.

Further, the revision entirely strikes language that authorizes the board to make recommendations "regarding the adequacy of an application, the appropriate level of environmental review and the relative merit of development proposals."

Instead, the amendment adds language clarifying the board is to advise

See DESIGN, PAGE 17

Sam's wants in on amplified outdoor music Request comes just weeks after town approved speakers for new Mina project By DEIRDRE McCROHAN [email protected]

Sam's Anchor Cafe is sedoog permission from Tiburon to play amplified music on its outdoor deck until 8 p.m. Sundays-Thursdays and until 9 p.m. Fridays and Saturdays.

The request from Sam's comes a few weeks after the Planning Commission approved the installation of 157 small speakers for "soft, ambient" indoor and outdoor music at celebrity chef Michael Mina's new restaurant, slated to open in late summer in the former Guaymas space at 5 Main St, just a few doors down from Sam's at '2:1 Main St.

The town has previously all~d outdoor music at Sam's on an occa-

sional, s~cial;!Yent ha~ according to Community Development Director Scott Anderson.

The restaurant is now asking to play music outdoors from 11:30 a.m. to _a p.m. Sundays through Thursdays and rr3o a.m.-9 p.m. Fridays and Satur-crays.-Mrlier tbfa year, Sam's prun:maJ Conor Flaherty sought and received permission to replace the windows on one side of Sam's facing the deck with sliding glass doors.

The conditional use permit application filed with the town notes amplified music has been played at large parties in the east banquet room, front bar and the deck. Speakers are already mounted on the outdoor deck.

The restaurant has a total of 172 indoor seats, but its biggest seatin area is its outdoor deck, 1ch can seat 266 patrons.

Associate Planner Kyra O'Malley sent Flaherty a letter on Dec. 5 informing him the restaurant's application was incomplete. and she catalogued in-10rrmmcrrr1"1aTlertY neeCI~

before the town could proceed, includ-ing:

• The existing number of speakers and the proposed number of new speakers.

• A noise study of existing and proposed conditions with live music and on-site noise levels for each sound

See SAM'S, PAGE 20

Sam's, continued from page 5

source. • Information about other aspects of the

business operations, including the number of employees and customers, type of vehicular traffic that comes to the restaurant, the outdoor activities and exterior lighting sources.

Assuming the application will be completed, the Tiburon Planning Commission is slated to hold a public hearing on the proposal at 7:30 p.m. Jan. 23 in council cham-

bers at Tiburon Town Hall, 1505 Tiburon Blvd.

The application is available for review at the planning counter at Town Hall. A staff report is expected to be released the week before the hearing.

For details, contact O'Malley at komal[email protected] or 415-435-7397.

Deirdre McCrohan has reported on Tiburon local government and community issues for more than 30 years. Reach her at 415-944-4634.

1-- \ '

Sam's gets the nod for regular live . music on outdoor deck Move part of effort to reinvigorate downtown By MATTHEW HOSE m/[email protected]

Tiburon officials decided to give broad permission for Sam's Anchor.Cafe to host live music on its deck seven days a week.

The Tiburon Planning Commission voted 3-0 at a well-attended Jan. 23 meet· ing to grant a conditional use permit that lets the restaurant hold live outdoor music from 11:30 am. to 9 ·pm. Fridays and Saturdays and from .11:30 am. to 8 p.m. Sundays through Thursdays. Musicians would bring their own eQuipment for the music.

Vice Chair Daniel Amir and Commis· sioner Kathleen Defever were absent from tlie meeting.

Conor Flaherty, who bought the restaurant from prior owners Sieve Seam and Brian Wilson in 2017, said having live music on the deck can go a long way toward revitalizing downtown Tiburon and driving traffic to the restaurant during some of its slower times after 4 p.m.

"A little bit of music keeps people around," Flaherty said. "It's lively. It's

See SAM'S, PAGE 14

January 30, 2019 I $1.50

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~!~·~;:,a'~~Na~=~licin TIBURON WORKS TO JOIN AGE-FRIENDLY coMMUNITiES

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Volume 47, Issue 5 1 · thearknewspaper.rom Pages

Traffic-fighting school~bus program gets big boost from Marin Transit 3-year, $136,000-per-yeat infusion will slash subsidy by local taxpayers

· ByEMILY LAVIN e/[email protected]

The Tiburon Peninsula's Yellow Bus ChaJ. lenge is gettin& a long-awaited 6nancial boost from Man!' Transit, collrtesy <if a haif. cent sales tax reneweiJDYOOunty voters last

November. The cash infusion is a victory f~r local oliicials who have been fighting for new soun:es of funding the four-year-0ld traffic. busting program, . which is largely subsidized by Tiburon ani! Belvedere taxpayers.

The transit agency will allocate $_135,877 annually to the local program for tliree years

beginning in fiscal year 2019-2020, which starts this July, and oontinujng through .fis· cal 2021-2022. That amounts to about a third of the total funding currently coming out of Tiburon's and Belvedere's annual municipaJ

See BUS, PAGE 15

Belvedere police seek security-camera footage in Peninsula Road burglary

IDJOTKARl..AN/ FORTHEARK

Belvedere Vice Mayor Nancy Kemnltmr (right) leads a group In photographing the king Ude along the BelYedere shoreline on Jan. 21. The local outing was Inspired by California King Tides Project, which seeJ<s to reconl the highest tides as they occur today and c.reate an ongoing reconl of coastal changes due to sea~ ... 1 rise.

By MATTHEW HOSE [email protected]

Nancy Kemnit= and Council member Claire McAuliffe, more than a dozen residents went to the shores along Beach.Road and San Ra· fael Avenue shortly before 11 a.m. Jan. 21 to record conditions during a 7.1-foot king tide.

By MATTHEW HOSE [email protected] m

Police are asking Belvedere residents for surveillance footage after a burglar appar· ently targeted a Belvedere Lagoon home· earlier this month, di,;,,bling security cam· eras before ransacking the house.

A Peninsula Road resident returning home about 10-.50 am. Jan. 20 found it had been broken into sometime since she had last been there, at 5:30 pm. Jan. 19. In a social-media post, the homeowner said the burglar had cut her power, disabling her

See BURGLARY, PAGE 7

Top News 5 J Belvedere 7 I Education ·11 I Pollce Logs 12 J In Memoriam 16 I Classifieds 19

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A group of ciliz<n scientists fanned out across the Belvedere shoreline on a sunny Monday morning last week to snap photos of a king tide, part of a statewide effort to visualize sea-level rise. ·

Spearheaded by Belvedere Vice Mayor

Kemnltzer said she was inspired to do the project in Belvedere after hearing about the

See TIDES, PAGE 23

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SATURDAY, APRIL 27, 2019 ' " ~·~IN CIVIC crn1u: CX HIEIT HALL

· ...

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14 f<lEWS I THE ARK JANUARY 30, 2019 the a rkn ews paper. com

Sam's, co11ti11uedfrompage 1

conducive to families and the younger generation that's moving in here."

The town has previously allowed outdoor .music at Sam's on an occasional, specialevent basis, according to prior comments from Community Development Director Scott Anderson.

The permit for Sam's comes on the heels. of the Planning Commission approving the installation of 157 small speakeis for "soft; ambient" indoor and outdoor music at celebrity chef Michael Mina's new restaurant, slated to open in late summer in the former Guaymas space at 5 Main St, just a few doors down from Sam's at Zl Main St

" ' "Both approvals come with the condition that the Planning Commission would hold another hearing on the use permit after it goes into effect - in the case of the Mina restaurant, three months after the restaurant opens, and for Sam's, six months from when the commission granted the use permit

At the review hearing for Sam's in six months, the commission will decide whether or not to modify the permitted hours and

, !lQSSibly require a sound study to be done in the area

The specter of the Mina restaurant hung both implicitly and explicitly over the hear· ing about Sam's.

Several attendees said they were concerned about the cumulative impact of noise coming from Sam's and the new Mina restaurant

Commissioner Jeff Tsai noted there was validity to the complaint of an "amalgamation of sound" coming from the area, but he said he felt the restaurant's request was consistent with what Sam's has historically done. • "There has not been the type of sound that would rise to the level of what I think would be a nuisance," Tsai said.

Commission Chair Erica Williams said th.i commission had to delicately balance

1 keeping downtown vibrant and preserving a-quiet, village-like atmosphere in Tiburon.

"My sense is we have been more deferential to residents in the past, maybe at the expense of the downtown district," Williams said. "So my inclination is to try something a little different"

· - ·Commissioner john Corcoran said he was concerned about the possibility of allowing a "tremendous amount of music" with the proposed hours, but he said overall he thought allowing live music could bring more vitality to downtown. He compared Main Street to The Cove Shopping Center on Tiburon Boulevard at Blackfield Drive, which he said was completely dead before Peet 's Coffee and Paradise Foods, now Nugget Markets, moved in.

"I really hope that Mina and Sam's do that for downtown,• Corcoran said.

, Change from previous practice Flaherty and town staff framed the appli

cation as something that would codify "existing practice" of having live music inside and outside at Sam's. ~ Flaherty said since he took over he has hosted live inusic on the deck a couple dozen times at the restaurant, mostly on weekends, and has not gotten special-event permits for those occasions.

I would like give local businesses a chance to prove themselves, and to thrive. That is good for our community:"

It's unclear when those events specifically began, but Sam's first began advertising its outdoor live music in The Ark in August, just four months before submitting the current application; Flaherty did not respond to a request for comment by The Ark's ']an'. 28 prey; deadline.

ver, in late 2015 and early 2016, when the restaurant was attempting to get a conditional use permit to put up an outdoor canopy, the then-owners of the restaurant agreed to Planning Commission- and Tiburon Town Council-imposed conditions that "there shall be no amplified sound, public-address system, outdoor speakeIS or live music on any portion of the deck, including the canopy area, unless a (special-event) permit is obtained"

At the time, they said that concession wasn't a big deal because they hadn't had amplified live music on the deck more than "six times in 40 years and, for those, we got a special-event permit," according to thenco-owner Brian Wilson, who specificallY noted the most recent event was more than a year prior, for the retirement of a Tiburon fire official.

owever, at the most recent meeting, other prior co-owner, Steve Sears, said the restaurant has had music on the deck "for years and years."

The canopy project was never completed, and that conditional use permit expired.

During the hearings for the canopy, officials for the Wateis Edge Hotel, which sits right next-door to Sam's, said they were against the proposal for fear it would bring more noise that would disturb their business. The hotel had sought an outright ban _of all live music across the entire deck. · .This time around, though, Justin Flake, the general manager of the hotel group that owns Wateis Edge Hotel, wrote in a letter to the commission they are in support of the live-music permit under the time limits, though he noted they "still have concerns."

Flake did not respond to a request for comment on the group's additional concerns. · For Corcoran, who was on the Planning Commission in 2015-2016 when it sought to ban live music on Sam's deck without a special-event permit, the new request diffeis in part because no canopy is being requested as part of the application, he said in an email interview after the meeting. The commission previously feared the canopy could amplifY sound from inside it, and that it would provide enough warmth and shelter to allow restaurant-goers to stay outside later making noise.

"We know how cold it gets in the evening, so it is doubtful people will suddenly want to remain on the deck late," Corcoran said. "Plus this week's conditional use permit only allows music until 8 or 9. So the real concern this week was late-night noise disturbing (in particular) Wateis Edge guests."

He . and Williams, wbo was also on the commission for the canopy application, both noted that this time around, WateIS Edge supported the Jive.music request and there was no opposition from Corinthian Island residents, while those on Belvedere Island and on Main Street couldn't pinpoint their noise concerns to Sam's.

____:Erica Williams, Tiburon Planning Commission

"I would like give local businesses a chance to prove themselves, and to thrive. That. is good foi; 9Uf community," Williams said. "Having S.id that - again - !Qud, thllmping, rontiiluous live music obviously woold not be appropriate or acceptable going forwaril ." '

Mixed bag of support, . opposition to project

About three dozen people attended the commission meeting, with nine people speaking in favor of the project and seven against it .

Sears, the former co-owner, called the restaurant "the anchor of the business community downtown," adding: "A,s Sam's goes, that's the way business goes downtown."

"The traffic downtown 'is not quite what it used to be," Sears said. "We have closed doors down there, we nfed to do, and (Flaherty) needs to do, what he can do to up the. traffic vitality."

Resident Jim McGovern said he thinks there's "something missing" from the downtown area, noting that when people go out to dinner, they typically enjoy seeing music and other entertainment" at the same time or afterward. He said he regularly goes to Sweetwater Music Hall in Mill Valley. or to Berkeley because there aren't any options locally.

"I would love to come down here and enjoy my own town," McGovern said.

Matt Turley, a drummer for the band The Stick Shifts, which has played some of the concertS at Sam's, said they have always gotten positive feedback on the concerts.

"We have always asked when we've played outside why. we couldn't play longer and later, and we've asked when we're inside

· why we can't play outside," Turley said. Delaney Lynch, a 31-year-old Tiburon

resident, said if the commission didn't allow the music, downtown would continue to be a ghost town, and prices would go up at the restaurant, bringing in fewer locals.

"I do think that this is important," Lynch said. "Sam's really used to be a lot more lively, somewhere you could just go and enjoy music on th~ patio, and more and more you keep seeing young people get pushed out of Tiburon."

Jn opposition to the project was Nancy Purdy, who owns the building at 13-19 Main St, just on the other side of the Waters Edge Hotel from Sam's.

She said she was concerned about how broad the permit's terms would be, noting music in the area drives her residents crazy and could become continuous under the new rules.

"I hear people talking about how great it is to liven Tiburon up, which is OK, but this seems to be a little bit open-ended with band music, and cince you set a precedent we're kind of in the middle, with . Sam's on one side and Servino (Ristorante) on the other," Purdy said.

But Tsai, the commissioner, said he felt it made sense to keep the conditional use pertillt open-ended for now, as it woold likely help the restaurant figure out what times are best to put on the live music.

Hank McWhinney, the president of the

Commission recommends extension for Paradise Drive subdivision project

In other action atthe Tiburon Planning C-Ommission's Jan. 23 meeting. the commlssl-On voted 3-0 to recommend the Town Council grant an extension of approvals for a projectthat would deveiop 14 lots near the Tiburon Ridge.

Vice Chair Daniel Amir and Commissioner Kath· · ·1een Defeverwere absent

The 3825 Paradise Drive subdivision, which Is known ils Alta Robles and was spearheaded by the late Irving Rabin and his wife, Varda, had a tentative map approved for a period of 36 months in 2016 .

The developers submitted their final map last February, but It is under review b~ the town, a process that could take up to two years, according to a staff report

The developers hope to have the final package prepared for the Town Council t9 review by this fall and then start construction of the subdivision in spring 2020, according to a letter from Scott Hochstrasser, a planning consultant who represents the family on the project

One of the 14 Alta Robles lots is 15.16 acres; the Rabins built a home on ltin 1991. The remaining 13 lots, which range in size from 1.20 to 1.67 acres and are still undeveloped, are owned by the Rabins' children doing business as Soda LlC. Another 18.68 acres have been set aside for private com· men open Space for the su~ivision.

Point Tiburon Bayside Condominium Asso· ciation, said his association was against the project, and so were two other homeowners' associations in the area

He said the commission needed to take a view of the application in the broader sense, factoring in the noise coming from the new Mina restaurant's declt along with the possibility of having music from Sam's fer several hours a day. McWhinney said the commission should come up with an ordinance with quantifiable figures for what noise limits should be, and it should do a reliable study on the "cumulative impact" of the noise generated from the new uses downtown.

Steve W1Senbaker, a resident of Beach Road on Belvedere Island, complained noise travels from all the events downtown to homes across Belvedere Cove. He said residents there were only alerted about the hearing by talking to neighbors, who "were horrified that this kind of thing would be considered."

He said it would be difficult to police how loudly bands would play and complained that "a lot of the music is poorly performed with i>erformeis who confuse volume with talent"

"The constant commercial enterprise of sounds and amplified music for a commercial operation at the expense of washing the whole Sam's side of Belvedere Island with this nuisance is uniniaginable," Wisenbaker said.

Flaherty said he hoped residents don't conflate Sam's with other noise going on downtown, noting the restaurant would be resp0DS1ble and listen to concerns. He pointed to the agreement with Wateis Edge as evidence the restaurant is trying to be a good neighbor.

"Sam's has been doing this for a while, it sounds like it's more of a worry of, 'What if?' Flaherty said. "Which I undeistand ... but we will be responsible.•

Reporter Matthew Hose covers the city of Belvedere, as well as crime, courts and public safety issues on the Tibur011 Peninsula. Reach him at 415-944-4627 and on Twitter at @matt_hose.

• -J - - --..:--=-- -

face book. com/ the ark newspaper

Bus, contim1edfrom page 1

budgets and would reduce those contributions.

The Yellow Bus Challenge is one of five yellow-bus programs throughout the county getting an inf!~ of cash in amounts rang· ing from about $25,000 to about $232,000 per year over the next three years.

That amount may be adjusted annually based on county sales-tax growth. Marin Transit plans to re-evaluate bus-program data in 2020-2021 to determine how much to allocate for the following three-year funding cycle, from fiscal 2022-2023 through fiscal 2024-2025.

The funding is a direct result of Measure AA, a half-cent sales tax that raises about $Z7 million each year for county transportation projects. County voters in November approved a 30-year renewal and extension of the tax, which was originally set to expire in 2025 but will now continue through 2049.

A caveat of the renewal measure requires that5 percent of Measure AA funds be spent on school-related transportation and services, which freed up about $600,000 annually for Marin Transit to dedicate to county schoolbus programs over the next three years.

The new funding source was good news for members of the Tiburon Peninsula Traffic Relief Joint Powers Authority, which ruJlS !he Yellow Bus Challenge. The program, which began in 2015 •. offers discounted school-bus passes in an effort to get cars off of Tiburon Boulevard during peak travel hours.

Authority board member arid Tiburon Couricilmember Jun Fraser noted the board has been working with Marin Transit for the past couple of years to try to secure additional money for the program, which currently relies on a hefty commitment of taxpayer dollars from both Tiburon and Belvedere to survive.

Every bit of extra money helps, he said "Tiburon and Belvedere have been under

writing the bus program since the -beginning, and we will continue to do that," Fraser said "But the elevation in costs, which are natural, will now qe offset by this additional funding from Marin Transit"

Local program has been eying additional funding

The Yellow Bus Challenge program currently offers 12 morning routes and 12 afternoon routes to Reed Union School District campuses: three morning and three afternoon routes for Reed Elementary School, five morning and four afternoon. routes for

Slgn, .co11tim1edfrom page 5

concerns about the sign's scale and illumination. Neither WeWork nor building owner ScanlanKemperBard sent representatives to that meeting.

Sherer said he "couldn't be more disappointed" with the county staffs decision to OK the sign over. the local board's objections.

"They're not listening to what the community is saying, and I don't know how to get them to do it," he said.

WeWork - a $20 billion New York-based firm with office shares in 32 countries -originally proposed affixing the 19-squarefoot sign bearing the company's name to the side of 1 Belvedere Place, which sits above the In-N-Out Burger overlooking Highway 101 and the Redwood Highway frontage

Bel Aire Elementary School and four morning and five afternoon routes for Del Mar Middle School. The program offers one morning and one afternoon bus for Cove Elementary School in Corte Mad~

Though the joint-powers authority oversees the program, Marin Transit handles day-to-day operations and troubleshooting.

The program has been popular on the peninsula and has generally been credited with easing congestion on the oft-gridlockfd Tiburon Boulevard in the mornings and af. ternoons.

During the current school year, a one-way bus pass costs $315. So far this year, 1,331 passes have been sold to Reed district students and 98 passes have been sold to Cove Elementary students. Those numbers include free or reduced-rate passes distributed to income-eligible families.

Nearly half of the $904,000 program· is funded through bus-pass sales. Additional funding comes from the Reed district, the county of Marin, the town of Corte Madera and grants.

All remaining costs are shouldered by Tiburon and Belvedere taxpayers, with the town paying about $288,600 and the city paying about $72,000 under the 80-20 funding ratio the two municipalities use for shared public projects.

Officials from Tiburon and Belvedere have said the municipalities' contributions to the program take too big of a toll on their respective operating and capital-improvement budgets to be sustainable year after year.

As a result, the joint-powers authority has focused on fuiding additional outside funding _:_ and officials were partiCularly chagrined last year after discovering Ross Valley's similarly sized school-bus program, which is run by Marin Transit, was receiving $175,000 from Measure A, as the half. cent sales tax was known before its renewal, while the local program received nothing. Marin Transit officials at the time noted Ross Valley's Measure A allocation had a Jong history and had been inherited by the transit agency when it took over the program.

In 2016, an ad hoc committee of stakeholders \YaS formed to evaluate and plan Marin Transit's involvement in school transportation in Marin County. Fraser participated, as did Bob McCaskill, Belvedere's mayor and a Tiburon Peninsula Traffic Relief Joint Powers Authority board member. Through that group, McCaskill said, he and Fraser advocated for Marin Transit funding for the Yellow Bus Challenge and other county bus programs beyond Ross Valley.

road It wanted the name to be internally illuminated and measure about 9 feet, 5 inches long and about 1 foot tall with 5-inch-deep letters.

The sign's design raised immediate concerns with a few members of the community. At the Design Review Board's Dec. 3, 2018, meeting, residents noted the proposed sign would sit so high up on the building it \VOuld effectively brand the hillside and argued the sign \YaS out of character for the area around the frontage road, where they noted most business signs have intentionally been kept lower to the ground.

Board members agreed. They called the sign unnecessary and said it could set a dangerous precedent by allowing future tenants of the 100,000-square-foot complex at 1 and 2 Belvedere Place to demand ,,unilarly sized illuminated signs.

JANUARY 30, 2019 . THE ARK I NEWS 15

"It was an easy argument to make," McCaskill said. "Marin Transit didn't have any valid explanation for why it was fair to just give funding to the Ross Valley program"

He noted the agency quickly agreed to develop a new method of allocating funds, and the passage of Measure AA only helped that effort by giving the agency more money to ,irork with.

The ad hoc committee helped develop recommendations for how allocations should be calculated and distributed, McCaskill said.

Funding.formula uses 2017-2018 data

The 5 percent of Measure AA revenues Marin Transit is now required to spend annually on school transportation and services works out to about $1.325 million in the first year of the tax.

The agency cw;rently spends about $1 million on those services - about $640,000 on its youth pass program, which allows students to ride any Marin.Transit local route without paying an additional fare; about $185,000 on 10 supplemental bus routes that combat overtrowding on regular Jines fre. quented by students; and the $175,000 dedicated to the Ross Valley yellow-bus program That left it with an additional $325,000 to allocate to county yellow-bus programs.

The agency decided to pull the money it allocates to Ross Valley out of that $1 million and add it to the $325,000 pot for school-bus programs. It also decided to contribute another $100,000 in Measure AA funds, for a totai of $600,000, noting that with the passage of

· Measure AA and voters in November opting against rep.aJing a statewide gas tax, which provides funds toMarin Transit, the agency's long-term financial outlook is stable.

To be eligible for funding, bus programs must be traffic-relieving programs that serve public schools located in urbanized Marin; have been operational in fiscal year 2017-2018; offer a discount of at least 50 percent on passes to low-income students; and have other funding sources, not including pass-sales revenue, that cover at least 20 percent of operating costs.

Five bus programs in Marin fit that bill - the Yellow Bus Challenge and other programs serving the Ross Valley, Mill Valley, San Rafael City and Dixie school districts.

To decide how much each program will receive during the first three-year funding cycle, Marin Transit calculated 35 percent of the price of a 0ne-way bus pass for each program during the 2017-2018 school year and multiplied that number by the total passes

County staff determines sign Is compliant

County staff, however, did not agree with the board's recommendation and instead approved the sign after determining it complies with the county's development code -though staff did stipulate the sign could only be illuminated externally, not intemaJJy as the oompany had proposed.

In its December discussion, the Design Review Board noted the property's master plan limits signs to no more than 6 square feet

That's mistaken, said county planner Kathleen Kilgariff.

In her administrative review, Kilgariff determined the property's master plan doesn't set any standards for signage but instead simply requires any sign at the property to meet the standards dictated in county devel-

each program sold that year. For instance, in 2017-2018, the cost of a

one-\vay bus pass for the Yellow Bus Challenge \vas $295; 35 percent of.that is $103.25. With 1,316 passes sold that year, the transit agency arrived· at the $135,877 allocation.

Marin Transit officials said the 2017-20'"IB""" bus-pass data was chosen because it demonstrates a program's use and congestion relief and was readily available and easy to collect Using the pass price for each individual program also recognizes differences between the programs, such as operating costs, they said

The agency said it will reassess that 35 percent in the future and may change it for other funding cycles.

Programs that receive funding will have to show each year they continue to meet· the eligibility criteria. If a ·program reduces its service by 20 percent or more in a given year, its funding .would be reduced the following year.

Additional money shouid relieve pressure on municipalities

Fraser said he believes the allocation method is fair:

"It's a positive signal that we are working together, the county and the municipalities, · on the yellow-bus program," he said. --c>

Though· Marin Transit appears to be planning the allocations in three-year cycles, McCaskill said he expects the Measure AA funding for the yellow-bus programs to remain steady far into the future. The only reason it might decrease, he said, is if other programs crop up around_ the county, !ho1Jgh he noted "there aren't any communities making noises about doing that" currently.

"I think for all practicality, that funding is going to be there for a long time," McCaskill said

He said he expects the funding to help reduce Belvedere's annual contribution to the program. ·'4.

"The cost to us going forward after these funds is a pretty small piece of our budget," he said.

Fraser also said the Marin Transit money would have the positive effect of reducing Tiburon's contribution to the program

"That's perhaps less that \ve have to ask local taxpayers to contribute," he said, noting the funding will also help the program "keep the price of bus passes at a reasonable level."

Emily Lavi11 is The Arks assista11t edit°"~ 011d Strawberry reporter. Reach her at 415-944-3841.

opment code. Kilgariff also determined neither the

Strawberry Hill Master Plan nor the conditions of approval for the Belvedere Place complex contain sign standards for tli[ • property.

The county therefore decided the sign's size <lIJd proposed placement were allowed, further noting the sign typography and co!Or were consistent with the surrounding~· area.

Kilgariff did agree with the Design Review Board the sign should not be internally illuminated.

She noted there are currently no internally illuminated signs at the elevation We Work is proposing for its sign, and the majority oi" signs that are internally illuminated along the Redwood Highway frontage road serve

See SIGN, PAGE 16

EUJOT KARL.AH I FOR TH£ ARK

r Area continued as Mount Tamalpals - framed by Rlchardson tive weekend. Rain Is expected to retum this week, bringing low temperatures back from ~ :::" ~ lnfD ril Trail Feb. 10 - was dusted with snow for the second consecu- the low 50s. By late next week, higtls are eqiected tD return Into the 60s _, last the rest

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February 13, 2019 / $1.50

TIBURON • BELVEDERE • STRAWBERRY

Named the nation's best small community weekly 2018 ,.Met; G«>eral &~II~. National Ne-tspsper AsSl!Ciatton 2014 2017 Wnal1sts. Geflffaf &celle!ICf!. NBIJonaf NewspaptN AWJCla/JOn

Inside

LINEUP SET AS IRISH MUSIC FEST RETURNS TO TIBURON

COPS: REPEAT TIBURON FELON TRIED TO BUY GUN ILLEGALLY

FLOURISH SUCCULENTS OPENS IN HEARTS & FLOWERS SPOT

Volume 47, Issue 7 / tllearknewspaper.com Pages Page5 Biz Buzz, page 7

Group of Belvedere residents appeals decision to allow live music at Sam's

Tiburon forms panel to hash out springtime use of McKegney Field Dispute arises over renovation fundraising, fairness afler soccer given preference, reduced rates By MATTMEW MOSE [email protected]

Tiburon is reconsidering a plan to give the Tiburon Peninsula Soccer Club priority access and discounted reservation fees to use the newly renovated McKegney Green

playing field this spring after receiving pushback from the field's other primary user, the Southern Marin Lacrosse Club.

Town staff had recomm~nded the Tiburon Parks, Open Space and Trails Commission approve a plan that would have allowed the soccer club first choice in booking the field during the upcoming spring season and granted the club a five-

See FIELD, PAGE 13

No date set for hearing, but group airs concerns to Tiburon Town Council By DEIRDRE McCROHAN [email protected]

A group of Belvedere residents has formally appealed the Tiburon Planning Commission decision to allow Jive, amplitied music-on the outdoor deck at Sam~ Anchor Cafe, citing concerns the noise will impact their quality of life_

The Planning Commission in January voted 3-0 to grant the restaurant, on the waterfront at Z1 Main St, a conditional use permit that would allow live outdoor music seven days a week, from 11:30 a.m to 9 p.m Fridays and Saturdays and from 11:30 a.m to 8 p.m. Sundays through Thursdays_

The Planning Commission's approval came with the condition the commission would hold another hearing in sixth months to decide whether to modify the permitted hours and possibly require a sound study to be done in the area.

See SAM'S, PAGE 16

traffic watch . The. Reed Union School District will be closed for

m1d-~mter break Feb. 18-22. Classes at Reed and Ber Aire ~lementary schools and Del Mar Middle School will resume Feb. 25 with students on th . regular schedules. etr

For more information, visit reedschools.org.

i>llce Logs 11 / ArkBeat 1 7 / Classffleds 19 WHkend We1ther I '2 Friday 540 460 I '2 Saturday 540 400 I '2Sunctav 57• 39•

High standards in real estate advice for • .,c:o--uu___

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a profile"6ifltieToor.·.-~~-}obn Davis described the triplex. as his and his sister's "retirement -p\an' and said raising the roof and the new heating and air-ronditioning equipment would hurt !heir property values by eliminating or significantly reducing rite side views and reducing the amount of sunlight.

Councilmembers were initially split on bow to handle the issue. Councilmember Jon Welner came our strong in support for the project, noting he found it "almost comical" that some councilrnembers were saying lhey welcomed the Dal Bozzos to the Tiburon business community while "puning them through the paces" with a laborious review over a foot of height.

reopell the restaurant and thereby preserve a T!&Uron insti· tution. The Caprice opened on Main Street in 1956 and wa$ moved to its current location. a converted waterfront house. in 1962.

The council agreed with the design board's condition of approval to limit the size of the awning to extend no more than five feet out from the building.

It also said it was relying on the town's Community Development Department to ensure the heating, ventilation and air-conditioning equipment is not too loud, as Community Development Director Sung Kwon told the council the equipment will have to meet noise standards before being approved by the department's building division.

The Tiburon Planning Commission originally approved the use permit for Dal Bozw's proposed improvements in June 2018. As part of that permit, the restaurant received permission to move its. valet-parking operatiQo across the street and to extend the operating houn! flttn the ptevious 5:30·9:30 p.m. to 5·10 p.m. Monday through Tbur&day and ll a.m.-10 p.m. Friday through Sunday so The Caprice can serve brunch on the weekends.

However, Fredericks noted she didn't think it was unwel·

Sam's, rontinuedfromPaee 1

Al lhat hearing, rommissioners noted that, unlike previous discussions in 2017 about live music at Sam's, the neighboring Waters Edge Hotel and residents of Corinthian lsland didn't object, while commissioners said they felt opponents on Belvedere Island and on Main Street weren't able to pinpoint their noise concerns to Sam's.

Though the appeal bearing was not on the agenda fir the Tiburon Town Councils Feb. 6 meeting. several residents used the open public-comment period at the start of the meeting to e.'CpreSS coocems about the live music;.

Steve Wisenbaker of Beach Road. who also spoke at the Planning Commission hearing, was among them. He said Belvedere resi· dents were not notified of the proposal prior to the Planning Commission meeting.

"Nothing in the conditional use permit approved by the commission deals with noise levels when you have 60 hows of music and no means of eoforc:ement," he said.

Sitting in bis group was Belvedere City Councilmember Claire McAuJi1fe.

Hank McWhinney, speaking for the Point Tiburon Bayside Condominium Association, said be was also concerned.

"We need standards that define what is an acceptable noise level," said McWhinney, who also objected at the Planning Commission meeting. "Sound is going to be rising. It's time to do a professiooal noise study."

Dave Ganapoler of Belvedere said the non· stop music would prevent nearby residents from hearing many of the sounds that make them love living in the area, including "seals barking, birds calling. water crashing on rocks."

"Tbis is going to affect our property val· ues." be said 11tis is a big issue. Ifs about peace and tranquility. It needs to be given serious coosideration.9

Cooor Flaherty, who bought the restau· rant from prior owners Steve Sears and Brian Wilson in 2017, said at last mooth's Planning Commission hearing having live music on the deck would go a long way toward revitalizing downtown Tiburon and could belp drive traffic to the restaurant during some of its slower times after 4 p.m.

Deirdre McCrohan has reported on 1ilnmm llJcal govern· ment and comm11nity issues for more than 30 "6TS. Reach her at 415-944-4634.

By law, councilmembers were not permit· ted to respond to the public oomment, as the item wasn't on the meeting agenda. How· ever. the council will ultimately rule oo the appeal; no hearing date bas been scbeduled.

However, WJSeDbaker encouraged the town to be proactive.

•rm hoping that more discussions with Sam's, perhaps facilitated by (town) staff, will yield something that W'Oll't require a hearing." he said.

The live-music approval for Sam's came Oil the heels of the Planning Commission . ap-provmg the installation of 157 small speak. ers for Msoft, ambient" indoor and outdoor music at celebrity chef Michael Mina's new restaurant, slated to open in late summer in the former Guaymas space at 5 Main St., just a few doors down from Sam's.

The Planning Commission also made that approval cooditiona~ noting it would revisit the issue three months after the restaurant <>pens.

The town bas previously allowed outdoor music at Sam's on an occasional, special. eymt basis. though Flaherty told the Plan-

niog Commission Saln's has offered live music on the deck "a ~ doren times~ since he took aver and desaibed his application for live music as codifying existing practice. Advertisements for music oo the deck appear to stretth to last August.

In late 2015 and early 2016, Sam's at· templed to get a CXJDditional use permit to put up an outdoor canopy, which the Waters F.dge, residents, the Planning C mmM Cl

and 1bwn Council feared would project sound outward Sears and Wilsm agreed to conditions c4 approval that "there aball be no amplified sound, public-addftsa syab!m,

outdoor speakm; or live music on any par· tioo of the deck, including the canopy area, unless a (specia]-event) permit is obtained," noting they rarely had live music Oil the dei:k and always obtained a special-event permit anyway.

The canopy project was never o "defied. and that <xlnditiooal use permit~

Deirdre MtCroluus has ,.,.,.,, .. !fbtmm local ao• ra::Nllf Md cioaa11 e, wwsfor tnon.,. ao,_.., Mirada WW 415-94+46a4.

January 23, 2019

Roxanne & Albert Richards 266 Beach Road

Belvedere, CA 94920

Re: File #CUP2018-008; Conditional Use Permit to Provide Outdoor Live Music on an Existing Deck for Sam's Anchor Cafe

Dear Town of Tiburon Planning Commissioners:

My husband and I are owners of a home on Belvedere Island at 266 Beach Road and we've lived there since 2005. We strongly request that you consider the effects on the surrounding neighborhood in the current application for live outdoor music during all operating hours, and that you take measures to limit the negative impact that music that will certainly have on all neighbors across the water on Belvedere Island.

The water is the reason most of us live in our joint communities of Tiburon and Belvedere and the beautiful ambience is something we all want to protect. Belvedere has recognized the detrimental effect of extraneous neighborhood noise and we've benefitted tremendously from the town's noise policy. The water serves to amplify and carry sound further than would be the case on land, and any day that an outdoor, live music event is held on the Tiburon green, or Sam's, or Corinthian or San Francisco Yacht Club - or even Treasure lsland!-we are "entertained" by that music at our home. While a few times a year makes life merry, potential music every day of the week from noon to night will pollute the airwaves of many Tiburon and Belvedere neighbors. Besides that, ambient sound is one thing to regulate (with turning down the volume relatively easy to control), but live niusic and enthusiastic musicians is another.

We ask that the Commissioners consider applying the successful restrictions that have stood the test of time in Belvedere and make a decision that aligns with that policy. Please do not award the request as it is currently proposed.

Sincerely,

Roxanne Richards

January 23, 2019

Town of Tiburon Planning Commission 1505 Tiburon Boulevard Tiburon, CA 94920 Attn: Kyra O'Malley, Associate Planner

To: Members of the Planning Commission

RE: 27 Main Street/Sam's Anchor Cafe; File CUP2018-008; Conditional Use Permit Application for Live/ Amplified Music

We have been made aware of Sam's Anchor Cafe's application to the Town of Tiburon which, if approved, would allow them to have amplified music EVERYDAY of the week from 11 :30am until 8:00/9:00pm. It appears from your Staff Report, that approval is being recommended.

As we have personally experienced from our property on Beach Road, music travels very well (and loudly) across the calm waters of The Racoon Strait from Downtown Tiburon to our home which faces Sam's. The occasional wedding or other special event hosted by the yacht clubs/restaurants in Tiburon during the year is one thing ... Listening to amplified music for up to 9 1/2 hours. each and every day of the week, is another. This would not only be annoying and intrusive ... but unimaginable for anyone who enjoys sitting, gardening, or reading outside, as well as hearing it from inside our home.

Also, of great concern is the question of whether the sound of amplified music played daily impacts property values. Would the "sound of music" for nine (9) straight hours each day, be something relevant enough to require disclosure to a potential buyer? As a real estate professional for many years, I say "yes"; this IS a material fact requiring disclosure. A buyer's enjoyment, or desirability ofa property, may be impacted by the daily "noise nuisance" and cause a buyer to not proceed with a purchase; or, if discovered after the sale, end up in a lawsuit.

Like many folks around here, we have enjoyed being at Sam's Anchor Cafe during the warmer months, listening to the waves lap against the dock pilings, sounds of sails and seagulls, the rustle of the waiters and chatter of folks enjoying lunch outdoors on a beautiful, clear, sunny day ... Let's not have what has been an enjoyable Bayside experience be ruined by the unnecessary and distracting sounds of amplified music ... Not at Sam's and not at the entire North East residential side of Belvedere Island.

Sam's has been a successful restaurant/bar for many years, and its patrons will, no doubt, continue to have an enjoyable and unique dining experience without having to add extra noise. If Tiburon should grant this unnecessary and unusual "privilege" to Sam's Anchor Cafe, it will be at the expense of the quiet and peaceful enjoyment of our homes nearby and across The Racoon Strait.

This will clearly be a nuisance to residents in Belvedere whose homes look across the Bay at downtown Tiburon. For reasons stated in this correspondence, we ask that the Tiburon Planning Commission deny Sam's Anchor Cafe's application for a conditional use permit which would allow outdoor live (amplified) music at 27 Main Street, Tiburon, now or in the future. Minimally, Belvedere residents, who may be impacted by such a permitted use, should have proper notice with time to consider the impact on their properties and respond accordingly.

Sincerely,

~ Meryl Wisenbaker 322 Beach Road Belvedere, CA 94920 c 415.601.9215

~) Steve Wisenbaker

everyday of the week - city of belvedere

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