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 I J {IllIf 1 •/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 HEALTH 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
PHONE OR EMAIL ADDRESS
(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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(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
SIGNATURE . PRINTED NAME DATE RESIDENCE ADDRESS PHONE OR EMAIL ADDRESS - R ~ O 13et-\ <--h. f
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(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
. /"'\ SIGNA~E// I/ PRINTED NAME DATE RESIDENCE ADDRESS PHONE OR EMAIL ADDRESS (f!,@cvlt:cer@ ~I rx--- @~ 'Pif2-a (SIGNATURE PAGES FOLLOW ... ) TOWN OF TIBURON Planning Commission Meeting 1505 Tiburon Boulevard January 23, 2019 Tiburon, CA 94920 Agenda Item: PH--2 STA.FF REPORT To: Members of the Planning Commission From: Kyra O'Malley, Associate Planner Subject: 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: 27 Main Street Assessor's Parcel Number: 059-151-35 File Number: CUP2018-008 Lot Size: 23,987 square feet General Plan: Village Commercial Zoning: VC (Village Commercial) Currently Allowed Use: Full-service Restaurant/Bar Owner: Main Street LLC (Sam's Anchor Cafe) Applicants: Same as owner Flood Zone: VE - Special Flood Hazard Area Date Complete: December 20, 2018 PSA Deadline: February 20, 2019 SUMMARY 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: TOWN OF TIBURON PAGE20F6 Plairning Commission Meeting January 23, 2019 GoalLU-D: 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. Policy LU-1: 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. Policy LU-2: 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. Policy LU 23: The Town shall support a diversity of commercial uses to serve the shopping and service needs of the community. Policy DT-3: The Town shall actively promote the economic vitality of its Downtown. Policy DT-5: 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. GoalN-A To ensure that residential areas are quiet and that noise levels in public and commercial areas remain within acceptable limits. GoalN-B: To eliminate or reduce unnecessary, excessive and offensive noises from all sources. PolicyN-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. PolicyN-9: 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; TOWN OF TIBURON PAGE30F6 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 ofthe community for additional numbers ofsuch 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. TOWN OF TIBURON PAGE40F6 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(. -t·1v4fov'\ ,. MAILING ADDRESS: yq1 W~s\\\vt~r\-vi\ lot\<\- 1 fA qyqu, PHONE/FAX NUMBER: YIS::-=14¢1· 112.b Z.6i ; APPLICANT (Other than Property Owner): 5'o..w. \ ,N\g 1·"' 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):* Date: l \ / 1l}Z£>1£ C--..~$:- 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 ofthe property or premises for purposes offiling 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 DO NOT WRITE BELOW THIS LINE =?al~===,C::::>x-======'-=:!::::11 'f :::::::::::;::::::::::::::::: :' 't ______J' ' f:::::::::::::::::::::::::::: i' : l.-., __------.. - :' : 't ______J' f' ::::::::: :::::::::::::::::: : :l------ EXHIHJT \ p. __i __ o( '1 __ _ \: 1 ci,.., ::c ti\ "'IQJ> "'?: ~ -11Y.8Z¥.7t•lC, )> ~ 5AM 5 ANCHOR CAff ..,.,...z '" ,_, ilA\N"ii.":G-~ 1 IN".>l>t ~A-L6.(t'h\ ~ °' 27 MAIN 51,, ;:; !'.:: z M·l& l.-NNfC?.J ~~rn:.r:r, zz~ " Q ">·W N:A'J;; f:;i< rJ, I I FXfllrHT .. ___ l' 1L .1· l -- ,, --:::\"- (J '··· -- ! ------··---···--··------ """"""""""" ~.~.~ ...... ~.·:.i•.· ... ~~""""" (40" ~/W) GRAPl!IC SCALE ~i T I (ttftl'fl r-r,, ~~==== t; ~IBVlt.Dl'HG: m)l1"'f \_""""'°LOCA110HllF 11!11:""° ~~-~ m..~ S?Al'ICN 4Gt fl'tR CCl..D8T !MMYJ«). 14711 ()9 eoof.fOARY P0t 19tl8 m)S 23 -~ %11J2tltut~ <'.\ I ('S¢'1U'la•to-'~ :~~Of~~ I ii ~~~ ::~ 1rn.!11#1 I (ll"1"1st "'-""' :. :rt FCl!Jml 1/'t* RmAR "l.S 6344- 'F'tR 1'8 J ...... 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Sealed AD-S6T Details Horizontal Contour: Impedance I Frequence Response: Sound pressure, Level (dB) 80 90 100 12 •• ~ .. 90 60 ~ ...... { •• •• ~ ! 80 JI 30 !! ,__ •• ! a; a -/"• l\' 0 ! 70 7 \ 32 g. ~" ,. ] 65 "-... h i ·30 60 L/ \. .. a ' I- .':"r-·. 1= 55 --- - so 0 -60 20 so 100 200 500 1k 2k •• I Ok 20k Fn-quency (Ht) ·90 500 lk 2k Sk lOk 20k - FLC: Frequ•ncy Ras pons• (Intrinsic Cor,..ctlon-) Frequency (Hz) - FR.C: Jmp•dance (e Ohm by pus) Dimensions: Specifications: System Details AD·S6T Hf transducer 1" silk dome tweeter / I' voice-coll hom loaded LF transducer 6.5' weather treated paper cone woofer, 1.5' / 38rnm voice-coll Effective frequency range' 60- 20kHz Rated noise power I voltage' 150 watts / 35 volts (rms) Broad-band sensltMIY' 89dB SPL .E Coverage angle (-6 dB) 105° "; - :!: Directivity factor (0) 5 E Directivity Index 7 dB .i E ..,"' Maximum continuous SPl • 110dB "' Maximum peak SPL• 116dB Rated impedance 8ohms Recommended amplHler power 300 watts Transformer taps 70 V: 60, 30, 15, 7.5 watts and 8 ohm bypass 100V: 60, 30, 15 watts and 8 ohm bypass Input connector type Euroblock connector with parallel output Enclosure material Painted ABS polymer i..---215 mm (8.S ln,1--...-+l -21smm a.sin- Grille material Powder coated aluminum Enclosure Details Ingress protection IP-54 Operating environment Designed for indoor and outdoor use Testing The AD Serles loudspeakers qualified for outdoor use using the following tests: Salt log: MIL·ST0-8106 Method 509.5 for 100 hrs. Humidity: MIL·ST0-8106 Method 507.5, Natural cycle 82, cyclic high RH for 7 clays High and low temperature: tested according to OSC Internal standards between -20° arnf 50° C Operating Temperature Range -2010 50 ·c / -4 to 122 °F Net weight 13.6 lbs/ 6.2 kg Product dimensions 14.4' x 8.5" x 8.5" (365 x 215 x 215mm) Shipping weight 33.4 lbs/ 15.2 kg (pair packed) Shipping dimensions 20 x 12· X 23" (510 x 305 x 585mm)(pair packed) Included accessones X-Mount mounting system, eumblock connector, input panel cover 1 Free-field, •1 O dB from on-axis sensitivity As part of osc·s ongoing commitment lo product development, specifications are ' IEC60268· 1 noise signal for 2 Hrs subject to change without notice. 3 On-Axis, free-field sensitivity, 2.83V, 1 m • Calculated from rated noise voltage and sensitivity 1675 MacArthur Boulevard• Costa Mesa, CA 92626 •Ph: 800/854-4079 or 714/957-7100 •Fax: 7141754-6174 () 2017 Q';C, LLC all rights reserved. OSC Md tho OSC logo ""'registere -,, 1·1· \ ). t> uj'j __ l .n: x H l I ' -----· ·- 1 ---·· 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 ofthe town as a village like 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 ifthe 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 • , ,.. , p. 1-- of__ ?z_ 1·_ Y. '.- ! : \ \ \ 1 - -i------PASS ED AND ADOPTED at a regular meeting of the Planning Commission on January 23, 2019, by the following vote: AYES: COMMISSIONERS: NAYS: COMMISSIONERS: ERICA WILLIAMS, CHAIR TIBURON PLANNING COMMISSION ATTEST: SUNG H. KWON, SECRETARY TIBURON PLANNING COMMISSION RESOLUTION NO. 2019-DRAFT 1123/2019 3 L\H1Hn· 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. Charles M. Salter ASSOCIATES INC. o~©~DWI§@ Acousiics 10 January 2019 130 Sutter Street Floor 5 Audiovisual Ii JAN 1 4 2019 ~ Son froncisco. CA Town of Tiburon Telecommunications 94104 PLANNING DIVISION T 415.397.0442 Security Sung H. Kwon, MCRP MBA AICP F 415.397.0454 www.cmsolter.com Director of Community Development Email: [email protected] Chorles M. Soller, PE Kyra O'Malley Oovtd R. Schwind. FASA Associate Planner Eric ISroadhur.t} Mor;. PE Email: [email protected] Philip N. Sandor~ lEED AP Thomo>A ScJ,jndler, PE Subject: Sam's Anchor Cate - Request for Entertainment Permit Durond R. &i;iovli. 00. FAES Salter Project: 19-0015 Kon Gr°"on. PE, RCDD, CTS.D Anthony P. Nmh, PE Dear Sung and Kyra: Jason R. Duty, PE Eric A. Yeo Joshuo M. Rol"'r, PE, LEED AP At the request of Sam's Anchor Cafe, we have evaluated the noise issues associated with this Ethon C. Soller, PE. LEED AP application. About 3 years ago, our firm evaluated the potential noise impact for a similar condition Al•tondor K. Salter. PE (the proposed canopy) at the subject facility. During our previous study, we conducted acoustical Jeremy L. Ded:or. PE measurements on Corinthian Island and in the hotel directly adjacent to Sam's Anchor cafe deck. The Heotoor A. Soller results of our previous analysis conduded that there would be "no adverse effect on either people on Croi9 l. Gdion, RCDD Corinthian Island or in the adjacent hotel." Rob Hammond, I'S!'. NJCET Ill Andt('W J.McKeo For this new application, we reviewed our previously taken ambient measurements and have an Valerio C. Smllh. PE understanding of the proposed music noise levels during the hours of operation. We received a copy of Beniomin D. Piper an email from Justin Flake, the hotel manager. In Justin's email (dated 19 December 2018), he Ryon G. Ro.Jr.op, AIA. RCDD Mlchool l. Bolduc, Cl'P supports the live music permit and expresses confidence that if issues arise, they can be handled. Dylon B. Mills, CTS Dav1s H. Ko»h. CTS·D Using our previously measured ambient noise levels on Corinthian Island, we conclude that the music Fo~pe Tovera noise at Sam's Anchor Cafe will be virtually inaudible. Diego Hornandez Br1onC. WOlJrms In conclusion, it is our professional opinion that there will not be a "noise impact" or "adverse effect" GTog R. Eneni.ioln as a result of approving this live music permit. Dennis R.Mtff Bio~" M. Woll; LEED GA Ryon A. Schofield * * * Adrion L Lu Please contact me if you have any questions. Stephen l. Leiby Kolherlne M. /11\ooro Jordon l. Roboris Sincerely, Sybille M. Roth Justin P. Ro!dlin9 CHARLES M. SALTER ASSOCIATES louren von Blohn Wdson Shoo Wtntor R. Soecdi Joke M. Schpero H.,.1..,.Ng Matthew D. Hilung Charles M. Salter, PE Nothon N. Sistek President sh/CMS P: 2019-01-10 Sam's Anchor Cafe- Permit Application E>:~1r1~rr .t Kyra O'Malley From: Conor Flaherty Does this work? Get Outlook for iOS From: Justin Flake 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 Thank you and Happy Holidays everyone. Best, Dan ill ~:r:1h; v.:> ·r:o.;rJ:>..V;;J f\Yi.· OZ:6lir6 V'.:J. 'NOG!llflLL :;l z 0 co...-- Ci5 c:::> C""-1 ~ r-- Cl (!) z -(...) U-J z c::i 50.. :... ~ .. --... .;.~..;. ___ _.:..~7"!' .. ~--1 I ::!:'-..!:='======::=::::::d -----~·-... 'i L. .. ___ j 1 · ,~::;i:::=-..:;~==::-..;;::.ii:::-:::::=:1 . I i ~:;;;::======:=::::~====~ I c:=:::a i -:::::i=:.:::::::::::=:;::===::::.::·J. i 11===:-<=:=#===-=-=====F=::::::::i~~= r-, I < I I I t 0 I 1------;f-l~~- l_ '----·------··--·---~-t-~~Tf! ~.;I l' - n \ OZ6v6 v:J 'Nocin.,;iu. ::.&laa;i/\'1;Jf.J ,,3 ~ .. J-5 NIVW LZ ..; t; IO ~::NJ ;;;JOH.JNV s;,wvs ~- ~ ~ t K Ii'. -- ~ 00 0 0 0 0 0 0 Doa 0 0 0 Doo 00° : ___ ;,. __ .... _~-':...- ... ---.:.-----, 1 I ' .-=:::::·::::;::======i,, ,.,,r----1 _____ .. . :~~±:::::.;::=::c:=-..:::=::====i I I 't , . ;:z5~:=:::.::::~::::=:~===~ r..,.-----... f t______J t I :;=::;;=~=:;:::=::::======1 i TOWN OF TIBURON NOTICE OF APPEAL Town of Tiburon 1505 Tiburon Boulevard Tiburon. CA 94920 Phone 415-435-7373 www. townof!iburon. ore APPELLANT(S) (Attach additional pages ifnecessG1y) 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 \') Date Appeal dv"-"--'Dl-1-)__ _ I Filed:_-=-~-=+-'4'-f-1 ?:J.l) 0\1 FeePaid: ~- Receipt No. f?.Gf =})'-'. ___ NOTE: Current Filing Fee is $500 initial deposit for applicant and $300 flat fee for non-applicant S:\Admi11istratio11\Forms\Notice ofAppeolform 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 fl y 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 gas powered 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 September 2005 Town of Tiburon 7. Noise Element General Plan 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 Community Noise Exposure, Ldn or CNEL, in dB Land Use Cate o 55 60 65 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 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 September 2005 Town of Tiburon 7. Noise Element General Plan 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: To minimize the exposure of community residents to noise through the careful placement of land uses that may cause noise impacts. N-D: 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: Noise walls, sound walls or any form of solid barrier shall be aesthetically compatible with the surrounding neighborhood. N-8: 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. N-9: 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. N-10: 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 o Setting, including a Quantitative Analysis and psychologically damaging, and can diminish identifying major existing and future property values and levels of productivity. The noise sources in the community, Noise Element presents a framework for including both mobile and stationary minimizing the adverse environmental impacts sources, and Mapping of generalized of noise in Belvedere. noise level contours, to be used as a The purpose of the Noise Element is to identify basis for land use decision making. sources of noise in Belvedere and to define o Goals, Policies, and Actions addressing strategies for reducing the negative impact of the community's exposure to existing noise to the community. The Noise Element and projected noise sources. These describes compatible land uses for varying noise goals, policies and actions are derived levels, provides background information on from Belvedere's Overall Vision and existing sources of noise, and projects noise Guiding Principles that preserve the conditions in 2030. special and unique sense of place of The Noise Element includes the following Belvedere while allowing changes tl1at sections: enhance the community. City of Belvedere General Plan Page 1187 SETIING Belvedere is surrounded by water in nearly all o Energy-equivalent sound/noise level directions, including Richardson Bay to the west (Leq) describes the average level tl1at and north, and Belvedere Cove and Raccoon has the same acoustical energy as the Straits to the south. In addition to being summation of all the time-varying surrounded by water, Belvedere also has an events. This descriptor is useful because interior lagoon and two land "bridges" that sound levels can vary markedly over a connect the largest portion of the City to the rest short period of time. The most common of the Tiburon Peninsula. averaging period for Leq is hourly, but it With Belvedere's unique location, it is important can be of any duration. that the public health and welfare of its o Day/night average sound level (Ldn): residents be protected by reducing or Since the sensitivity to noise increases eliminating noise impacts to residents and during the evening and at night, 24-hour visitors. descriptors have been developed that incorporate artificial noise penalties added to quiet-time noise events. Ldn is 1. Noise Terminology a measure of the cumulative noise exposure in a community, with a 10 dB o Decibel (dB) is a unit of measurement addition to nocturnal (10 p.m. to 7 a.m.) that indicates the relative amplitude of a noise levels. This is the measurement sound. The zero on the decibel scale is that the City of Belvedere normally uses based on the lowest sound level that the in noise evaluations and analysis. healthy, unimpaired human ear can detect. Sound levels in decibels are o Community Noise Equivalent Level calculated on a logarithmic basis. Each (CNEL) is the energy average of the A 10 decibel increase in sound level is weighted sound levels occurring during perceived as approximately a doubling a 24-hour period, with 10 dB added to of loudness over a fairly wide range of the A-weighted sound levels occurring intensities. between 10 p.m. and 7 a.m. and 5 dB added to the A-weighted sound levels o The A-weighted sound level (dBA) is the occurring between 7 p.m . and 10 p.m. most common method to characterize sound in California. This scale gives Common community noise sources and greater weight to the frequencies of associated noise levels, in dBA, are depicted in sound to wl1ich the human ear is most Figure N-1 (Source: Ca/trans 2009). sensitive. All sound levels in this chapter are A-weighted, unless reported otherwise. Page 1188 Section 3. Chapter 9: Noise Element FIGURE N-1: Common Community Noise Sources Common Outdoor Noise Level Common Indoor Activities (d BA) Activities LRock Band Jet Fly-over at 300m (10?0 _~ Gas Lawn Mower at 1 m ( 3 ft) I Diesel Truck at 15 m (50 ft), I Food Blender at 1 m (3 ft) --~~~~~-~ at 80 km (50 mph) ~arbage Disp?sal at 1 m (3 ft) -~-- Noisy Urban Area, Daytime) ~as Law~ Mower, 30 ~ (:,.?~ft) ) 1 Vacuum Cleaner at 3 m (10 ft) Commercial Area) t,!'Jormal Spe:_:~ at 1 m (3 ft) Heavy Traffic at 90 m (300 ft} . - - ~ ' ® Large Business Office - . - Quiet Urban Daytime ® Dishwasher Next Room Quiet Urban Nighttime Theater, Large Conferenc.e Quiet Suburban Nighttime ® Room (Background) Library Quiet Rural Nighttime ® 1 Bedroom at Night, Concert Hall (Background) Broadcast/Recording Studio ------ Lowest Threshold of Human Lowest Threshold of Human Hearing Hearin a,.. City of Belvedere General Plan Page 1189 2. .Sources The City of Belvedere has increasingly found that locations that are quite unusual. Further, the noise is a source of community concern. topography tends to amplify some noises rather Excessive noise - from traffic, construction than absorb tl1em. activities, landscaping equipment, and other, Belvedere is a Category I community. Within more sporadic sources such as amplified music Belvedere, there has been some sensitivity to and speech from yacht club special events - can the transmission of sound over water and t o the be objectionable. Additionally, the irregular use of noisy construction and landscaping topography of the City, along with the equipment such as leaf blowers and saws. As surrounding water areas, causes noise to be per the Noise Ordinance, the City's Municipal transmitted in irregular ways, with some distant Code specifically prohibits the use of portable sources of noise seeming to be very near due to gasoline engine powered leaf blowers. reflection off of water or hillside surfaces. The following provides a discussion of existing and Because Belvedere is a fairly quiet community, future noise sources within Belvedere, as well as intermittent noise sources are noticeable. Many how these noise sources affect the various land of the community organizations and private use types in the city. Major noise sources that clubs have occasional events and activities that will be addressed include indoor and outdoor can be sources of noise on an intermittent basis. noises and noises created by construction However, these community organizations and activities. private clubs, such as the Lagoon Sailing Society, San Francisco Yacht Club, and Corinthian Yacht Club, have a long history in 11· . i:sa a ~~;~;~~r~~~~it~~nc:~i~~te;~~=~ si;~~~~v:~~ Belvedere and contribute greatly to community community concern, even though in absolute identity, so the intermittent noise sources terms, noise levels may not exceed legal created by normal operating conditions are standards. Because of the way in which noise considered acceptable. 1 tends to "bounce" around, noises are heard in TABLE N-1 : Noise levels as per Community Response Categories 1 ~! ..);{if~m~:"~~~··l,it ;l .,_ ::=~ ~: ~.;:{ H·~':~kti~f.~1":il :.. .·~ · .. ~ l •• '";; ~- ::~ .J'~ ~~: ;~:~u'!:\~~~ i; j.."· ·;i.~~' -:.i r;. ;*)ij <'.·'f.i.~ ·, ~~~~:~~: ~~P?~~~;:r~~J~!.0JJ~~9!.t~~0!!~- ~~~~:~~~9,:~ .j~~:~~r;'.~~r:~~ ..~;~~ ";~ ~ Noise, l;.eveJ~!...i' .*-;\~.t·~ ··{,,;'A.-:-.,t1,;;.;, ;~~~~$i"f1i. ·. '·~ \.:1 .•u-~~1t'; ;;.it~'; !'i~,,,,:~«+JI~~~.... ·~~~ .;.-., ..;:.:A 1 0 ~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 o Unacceptable category: where a use may be unacceptable even after the The City of Belvedere's Noise Ordinance strictly application of available mitigation regulates noise within the City. It is intended to measures. protect the peace, health, safety and general welfare of the citizens of Belvedere from excessive, unnecessary and unreasonable 4. land Use Compatibility noises. It prohibits the operation of gasoline engine powered blowers and prohibits any To assist with evaluating the compatibility of person from making ,;any noise which disturbs land uses with various noise levels, the the peace and quiet of any neighborhood or California General Plan Guidelines compare the which causes discomfort or annoyance to any compatibility of noise levels with various land reasonable person." According to the Municipal uses. Figure N-2 summarizes the Guidelines' Code, the conduct of any noise which is "plainly recommendations. 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. Noise-sensitive land uses within the City consist Wl1ere the exterior noise exposure level is 60 predominantly of residential land uses, which dBA Ldn or greater, the residential building must are generally located within three distinct attenuate the interior noise level to 45 dBA Ldn neighborhoods. Belvedere Island has the largest or less in residential living areas. Tl1e intent of land area and is the most varied in terms of the Noise and Land Use Compatibility Guidelines topography and landforms. Belvedere Lagoon is to achieve an interior noise level of 45 dBA forms a second, flatter portion of the City which Ldn or less in all new residential housing. Three surrounds the interior waterway. A third acceptability categories are identified: neighborhood is formed on Corinthian Island o Normally Acceptable category: where a facing Belvedere Cove, where the island use would be acceptable without residents share borders with the Town of additional mitigation measures; Tiburon. Smaller, distinct neighborhoods are associated with streets and blocks, such as San o Conditionally Acceptable category: Rafael Avenue and West Shore Road. To a lesser where a use would be acceptable witl1 extent, other noise-sensitive land uses located the application of mitigation measures; within the City of Belvedere include places of and worsl1ip and community parl- City of Belvedere General Plan Page I 191 FIGURE N-2: Land Use Compatibility for Community Noise Environment L 0 \ 1~ 1;r Sp.;r~ ~ ,,q fl..-;rem;ic;1n, Niti! hbQ.rh vi Schools. Librairie~ M~m~ Hospitlb. P~ Care. Mll!!1:ifl$!; 1l-4alls . Church~s D NQPJ\LULY ACCEPTAfil.E. Spl!\:i.fil!d. ~td l.l!'> c; :;at.i..¢ •:tvrr. ~-'!'.:i I.L P .n th~ .m u w ,::·til7tt t.iut «.ny b<..>tld.W.ir; m.,.;;lm ~"' of ll'"'1'tlw.l c =•~n i:t•' ll CONDITIONALLY ACCEPTABLE,, Sfe< : 1ft~ ~d ,,~ m~y b-:i p-.rm.1 i:~ d. ont:- .i ~r d>! ".9.Llo:! d malp 1S of tho:! n S. Existing Noise Conditions A noise study was completed as part of the presents calculated average-daily noise levels General Plan update, and it included noise (in CNEL/Ldn) at measured locations. measurements along major roadways. Noise Per Table N-2, major roadways contributing to sensitive land uses, ambient noise levels, and the ambient noise environment include Tiburon major noise sources within the City are Boulevard, San Rafael Avenue, and Beach Road. discussed in more detail below. 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) Ambif2D1 NQ.ise Environment measured from approximately 25 feet from Short-term (10-minute) noise level roadway centerlines. Figure N-3 illustrates tile measurements were conducted in 2009 for the future cumulative noise contours along Tiburon purpose of documenting and measuring tl1e Boulevard, which is the main source of arnbient existing noise environment at various locations noise in the community. throughout the City as part of the Noise Study There are no nearby public or private airports or and Background Report. Ambient noise railroads that contribute substantially to the measurement locations and corresponding ambient noise environment. measured values (i.e., Leq and Lmax) are summarized in Table N-2. Table N-2 also Page I 192 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 56.3 25 Feet From Roadway Centerline 22:25-22:35 Construction Noise 45.9 60.7 Community Road at Belvedere Park, 11:30-11:40 50.0 64.0 3 Vehicle Traffic. 52.4 25 Feet From Roadway Centerline 22:45-22:55 44.7 61.4 11:55-12:05 50.2 64.8 4 270 Beach Road, Property Line Vehicle Traffic. 49.9 23:10-23:20 39.2 49.2 Belvedere Avenue at Belvedere Way, 12:15-12:25 48.7 62.8 5 Vehicle Traffic. 49.1 15 Feet From Roadway Centerline 23:40-23:50 39.7 51.0 BelleVista Avenue at Toyon Avenue, 12:40-12:50 51.1 70.2 6 Vehicle Traffic. 50.4 Property Line 00:10-00:20 38.7 46.2 09:45-09:55 Vehicle Traffic 56.7 69.2 Beach Road at Peninsula Road, 7 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 25 Feet From Roadway Centerline 00:50-01:00 52.8 66.2 Tom Price Park, 90 Feet From 13:55-14:05 55.7 1.4 9 Vehicle Traffic. 55.1 Centerline of Tiburon Boulevard 01:15-01:25 43.7 53.9 Bayview Avenue at Golden Gate Avenue, 14:25-14:35 48.9 66.3 10 Vehicle Traffic 49.0 Property Line 01:55-02:05 39.2 47.4 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.Qn struction Nqi.,_se I rn Qgcts Of particular concern are the impacts from on Construction noise typically occurs intermittently going construction activity within the community. and varies depending upon the nature of the Due to the high property values, there is an on work being completed, whether it is going interest in home improvement projects. demolition/land clearing, grading and Construction and development create noise that excavation, or erection of construction. Noise can adversely affect residents. Stakeholder generated by construction equipment, including Focus Groups meetings held in Fall 2008 earth movers, pile drivers, material handlers, identified sound at construction sites as a major and pottable generators, can reach high levels. source of annoyance. 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. Page I 194 Section 3, Chapter 9: Noise Element The City's Municipal Code limits noise 6. Future Noise generating construction and demolition activities to the hours between 8 a.m. and 5 p.m. Monday The noise environment in the City of Belvedere is through Friday. Noise generating construction not expected to change as a result of the and demolition activities are prohibited on implementation of the General Plan. Vehicular weekends and City-recognized holidays. The City traffic noise, the dominant source throughout Manager may, upon his discretion, grant written the city, is not anticipated to change exceptions to this condition whenever sucl1 work substantially along local streets or major can be demonstrated to be necessary to protect through routes, including Tiburon Boulevard and the public's health and safety. San Rafael Avenue. £1. mp' 'f ied-Noise and Mechanical Eg ui q_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. City of Belvedere General Plan 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 construction/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. 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. Page I 196 Section 3, Chapter 9: Noise Element 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 .§earch l Search This Site 4600. The Legislature hereby finds and declares 46001. No provision of this division or ruling of the that: Office of Noise Control is a limitation or expansion: (a) Excessive noise is a serious hazard to the (a) On the power of a city, county, or city and public health and welfare. county to adopt and enforce additional regulations, (b) Exposure to certain levels of noise can result not in conflict therewith, imposing further in physiological, psychological, and economic conditions, restrictions, or limitations. damage. (b) On the power of any city, county, or city and (c) There is a continuous and increasing county to declare, prohibit, and abate nuisances. bombardment of noise in the urban, suburban, and (c) On the power of the Attorney General, at the rural areas. request of the office, the state department, or upon ( d) Government has not taken the steps his own motion to bring an action in the name of necessary to provide for the control, abatement, the people of the State of California to enjoin any and prevention of unwanted and hazardous noise. pollution or nuisance or to protect the natural (e) The State of California has a responsibility to resources of the state. protect the health and welfare of its citizens by the ( d) On the power of a state agency in the control, prevention, and abatement of noise. enforcement or administration of any provision of (f) All Californians are entitled to a peaceful law which it is specifically and quiet environment without the intrusion of permitted or required to enforce or adm inister. noise which may be hazardous to their health (e) On the right of any person to maintain at or welfare. any time any appropriate action for relief (g) It is the policy of the state to provide an against any private nuisance as defined in the environment for all Californians free from noise Civil Code or for relief against any noise that jeopardizes their health or welfare. To that pollution. 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 46060. It is the purpose of this chapter to undesirable sound, including that produced by encourage the enactment and enforcement of persons, pets and livestock, industrial equipment, local ordinances in those areas which are most construction, motor vehicles, boats, aircraft, home properly the responsibility of local appliances, electric motors, combustion engines, government. It is further the purpose to insure and any other noise-producing objects. that the state is of maximum assistance to local agencies in the discharge of those responsibilities, furnishing technical and legal expertise to assist local agencies in the enactment and enforcement of meaningful and technically sufficient noise abatement measures. 44507. "Pollution" means an alteration of the HEALTH AND SAFETY CODE quality of the environment of the state and shall be SECTION 46060-46062 determined by the various standards prescribed Office of Noise Control from time to time by this state, the federal 46062. The office shall provide assistance to local government, or any agency, department, or agencies in the preparation of model ordinances to political subdivision of this state or the federal control and abate noise. Such ordinances shall be government, and may include, but is not limited to, developed in consultation with the Attorney earth, air, or water pollution, pollution caused by General and with representatives of local solid or hazardous waste disposal, thermal agencies, including the County Supervisors pollution, radiation contamination, the release of Association of California and the League of hazardous materials, or noise pollution. Pollution California Cities. Any local agency which adopts also includes, but is not limited to, the any noise control ordinance shall promptly furn ish contamination of soil or groundwater resulting from a copy to the office. 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. California Land Use Compatibility Noise Guidelines LAND USE CATEGORY -- Residential - Low Density, Single-Family, Duplex , Mobile Homes Conditionally Normally Normally Acceptable 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 nity Development Agency with its own compliance with "applicable commu [email protected] modified text aimed at protecting the nity plans." advisory board's current functions. Strawberry is guided by the Straw The Strawberry Design Review Under the county's proposal, the berry Community Plan, which was Board and some members of the com revised code appears to narrow what ... established in 1973 and provides guide munity are pushing back against unincorporated Marin's three design lines for density, traffic and more. proposed changes to the county's de review boards - the Strawberry Further, the revision entirely strikes velopment code they say would signifi and Tamalpais design review boards language that authorizes the board to cantly limit the board's ability to weigh and the Kentfield Planning Advisory make recommendations "regarding in on a variety of projects, from home Board - can consider and recommend the adequacy of an application, the ap modifications to large-scale develop in advising the county on development propriate level of environmental review ments like the ongoing seminary-site projects. While the current code says a and the relative merit of development project. design review board's job is to consider proposals." The board voted 4-0, with member compliance with "the countywide plan, Instead, the amendment adds lan Penna Omega absent, at its Dec. 17 applicable community plans and other guage clarifying the board is to advise meeting to reject the proposed chang specific plans and the development es, responding to the county Commu- code," the revised code only specifies 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 sional, s~cial;!Yent ha~ according The restaurant has a total of 172 in [email protected] to Community Development Director door seats, but its biggest seatin area Scott Anderson. is its outdoor deck, 1ch can seat 266 Sam's Anchor Cafe is sedoog per The restaurant is now asking to play patrons. mission from Tiburon to play ampli music outdoors from 11:30 a.m. to _a Associate Planner Kyra O'Malley fied music on its outdoor deck until 8 p.m. Sundays through Thursdays and sent Flaherty a letter on Dec. 5 inform p.m. Sundays-Thursdays and until 9 rr3o a.m.-9 p.m. Fridays and Satur- ing him the restaurant's application p.m. Fridays and Saturdays. crays.- was incomplete. and she catalogued in- The request from Sam's comes a few Mrlier tbfa year, Sam's prun:maJ 10rrmmcrrr1"1aTlertY neeCI ~ weeks after the Planning Commission Conor Flaherty sought and received before the town could proceed, includ- approved the installation of 157 small permission to replace the windows on ing: speakers for "soft, ambient" indoor and one side of Sam's facing the deck with • The existing number of speak outdoor music at celebrity chef Michael sliding glass doors. ers and the proposed number of new Mina's new restaurant, slated to open The conditional use permit applica speakers. in late summer in the former Guaymas tion filed with the town notes amplified • A noise study of existing and space at 5 Main St, just a few doors music has been played at large parties proposed conditions with live music down from Sam's at '2:1 Main St. in the east banquet room, front bar and and on-site noise levels for each sound The town has previously all~d the deck. Speakers are already mount outdoor music at Sam's on an occa- ed on the outdoor deck. See SAM'S, PAGE 20 Sam's, continued from page 5 bers at Tiburon Town Hall, 1505 Tiburon Blvd. The application is available for review at source. the planning counter at Town Hall. A staff • Information about other aspects of the report is expected to be released the week business operations, including the number of before the hearing. employees and customers, type of vehicular For details, contact O'Malley at komal traffic that comes to the restaurant, the out [email protected] or 415-435-7397. door activities and exterior lighting sources. Assuming the application will be com Deirdre McCrohan has reported on pleted, the Tiburon Planning Commission is Tiburon local government and community slated to hold a public hearing on the pro issues for more than 30 years. Reach her at posal at 7:30 p.m. Jan. 23 in council cham- 415-944-4634. 1-- \ ' January 30, 2019 I $1.50 special section -inside 1 TIBURON • BEIYEDERE ·STRAWBERRY i . l\l;;;;imed tE1G1 !!i!-l:!o!ii!'s roost smain · ciw11m~11 umfi'i.y Wf~oldy TIBURON WORKS TO JOIN Ir I ~~· ~!~·~;:,a'~~Na~=~ licin AGE-FRIENDLY coMMUNITiES Volume 47, Issue 5 1· thearknewspaper.rom Pages Sam's gets Traffic-fighting school~bus program the nod for gets big boost from Marin Transit regular live . 3-year, $136,000-per-yeat infusion will slash subsidy by local taxpayers music on · ByEMILY LAVIN November. The cash infusion is a victory f~r beginning in fiscal year 2019-2020, which e/[email protected] local oliicials who have been fighting for new starts this July, and oontinujng through .fis· soun:es of funding the four-year-0ld traffic. cal 2021-2022. That amounts to about a third outdoor deck The Tiburon Peninsula's Yellow Bus ChaJ. busting program, .which is largely subsi of the total funding currently coming out of lenge is gettin& a long-awaited 6nancial dized by Tiburon ani! Belvedere taxpayers. Tiburon's and Belvedere's annual municipaJ Move part of effort to boost from Man!' Transit, collrtesy 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. Musi cians 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 res taurant 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 dur ing 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 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 Belvedere police seek security-camera seeJ Top News 5 J Belvedere 7 I Education ·11 I Pollce Logs 12 J In Memoriam 16 I Classifieds 19 WeekendWeather.J 1?.Friday56' :s1• f 1?.Satunlay55° 50° J 6Sunday56° 44° Jt:Nt. · SATURDAY, APRIL 27, 2019 ' " ~·~IN CIVIC crn1u: CX HIEIT HALL ·... "•M'11 1 1•1f 11 rlll 1 t.11•1llflr·~hl•llp1•'0 !1··r111MMf'l ' K l G~r;J- ONEAMAZINGNIGHT.ORG UU:UUUC: u t:UCAR.7-RT LcrrwrB 009 ~ · · 2 ~9 · --·'m· ,...'~f-~_- ,...... _. ____-_ ·:_. ._;~ ____ ·__ ...,.,,. __ _ MERVL ~ .. 1 POBOX954 THAN YOU TO OUR A lAZiN G SOUTHERN MARIN iJONORS BB.\IEDiERE, CA94~ ------· - ·----· ------ 14 f Sam's, co11ti11uedfrompage 1 I would like give local businesses a chance to prove Commission recommends themselves, and to thrive. That is good for our community:" extension for Paradise conducive to families and the younger gen ____:Erica Williams, Tiburon Planning Commission Drive subdivision project eration that's moving in here." The town has previously allowed outdoor It's unclear when those events specifically "I would like give local businesses a In other action atthe Tiburon Planning C-Ommis .music at Sam's on an occasional, special began, but Sam's first began advertising its chance to prove themselves, and to thrive. sion's Jan. 23 meeting. the commlssl-On voted 3-0 to recommend the Town Council grant an extension event basis, according to prior comments outdoor live music in The Ark in August, is good foi; 9Uf community," Williams That. of approvals for a projectthat would deveiop 14 lots from Community Development Director just four months before submitting the cur said. "Having S.id that - again - !Qud, near the Tiburon Ridge. Scott Anderson. rent application; Flaherty did not respond to thllmping, rontiiluous live music obviously Vice Chair Daniel Amir and Commissioner Kath· · The permit for Sam's comes on the heels. a request for comment by The Ark's']an'. 28 woold not be appropriate or acceptable ·1een Defeverwere absent of the Planning Commission approving the prey; deadline. going forwaril ." ' The 3825 Paradise Drive subdivision, which Is installation of 157 small speakeis for "soft; ver, in late 2015 and early 2016, known ils Alta Robles and was spearheaded by the late Irving Rabin and his wife, Varda, had a tentative ambient" indoor and outdoor music at ce when the restaurant was attempting to get Mixed bag of support, . opposition to project map approved for a period of 36 months in 2016 . lebrity chef Michael Mina's new restaurant, a conditional use permit to put up an out The developers submitted their final map last slated to open in late summer in the former door canopy, the then-owners of the restau About three dozen people attended the February, but It is under review b~ the town, a pro Guaymas space at 5 Main St, just a few rant agreed to Planning Commission- and commission meeting, with nine people cess that could take up to two years, according to a doors down from Sam's at Zl Main St Tiburon Town Council-imposed conditions speaking in favor of the project and seven staff report " ' "Both approvals come with the condition that "there shall be no amplified sound, against it . The developers hope to have the final package prepared for the Town Council t9 review by this fall that the Planning Commission would hold public-address system, outdoor speakeIS or Sears, the former co-owner, called the and then start construction of the subdivision in live music on any portion of the deck, includ another hearing on the use permit after it restaurant "the anchor of the business com spring 2020, according to a letter from Scott Hoch goes into effect - in the case of the Mina ing the canopy area, unless a (special-event) munity downtown," adding: "A,s Sam's goes, strasser, a planning consultant who represents the restaurant, three months after the restau permit is obtained" that's the way business goes downtown." family on the project rant opens, and for Sam's, six months from At the time, they said that concession "The traffic downtown 'is not quite what One of the 14 Alta Robles lots is 15.16 acres; the when the commission granted the use per wasn't a big deal because they hadn't had it used to be," Sears said. "We have closed Rabins built a home on ltin 1991. The remaining 13 lots, which range in size from 1.20 to 1.67 acres mit amplified live music on the deck more than doors down there, we to do, and (Fla nfed and are still undeveloped, are owned by the Rabins' At the review hearing for Sam's in six "six times in 40 years and, for those, we got herty) needs to do, what he can do to up the. children doing business as Soda LlC. Another months, the commission will decide whether a special-event permit," according to then traffic vitality." 18.68 acres have been set aside for private com· or not to modify the permitted hours and co-owner Brian Wilson, who specificallY Resident Jim McGovern said he thinks men open Space for the su~ivision . , !lQSSibly require a sound study to be done noted the most recent event was more than there's "something missing" from the down in the area a year prior, for the retirement of a Tiburon town area, noting that when people go out Point Tiburon Bayside Condominium Asso· The specter of the Mina restaurant hung fire official. to dinner, they typically enjoy seeing music ciation, said his association was against the both implicitly and explicitly over the hear· owever, at the most recent meeting, and other entertainment" at the same time project, and so were two other homeowners' ing about Sam's. other prior co-owner, Steve Sears, said the or afterward. He said he regularly goes to associations in the area Several attendees said they were con restaurant has had music on the deck "for Sweetwater Music Hall in Mill Valley. or to He said the commission needed to take a cerned about the cumulative impact of noise years and years." Berkeley because there aren't any options view of the application in the broader sense, coming from Sam's and the new Mina res The canopy project was never completed, locally. factoring in the noise coming from the new taurant and that conditional use permit expired. "I would love to come down here and enjoy Mina restaurant's declt along with the possi Commissioner Jeff Tsai noted there was During the hearings for the canopy, offi my own town," McGovern said. bility of having music from Sam's fer several validity to the complaint of an "amalgama cials for the Wateis Edge Hotel, which sits Matt Turley, a drummer for the band The hours a day. McWhinney said the commis tion of sound" coming from the area, but right next-door to Sam's, said they were Stick Shifts, which has played some of the sion should come up with an ordinance with he said he felt the restaurant's request was against the proposal for fear it would bring concertS at Sam's, said they have always quantifiable figures for what noise limits consistent with what Sam's has historically more noise that would disturb their busi gotten positive feedback on the concerts. should be, and it should do a reliable study done. ness. The hotel had sought an outright ban "We have always asked when we've on the "cumulative impact" of the noise gen erated from the new uses downtown. • "There has not been the type of sound _of all live music across the entire deck. played outside why. we couldn't play longer Steve W1Senbaker, a resident of Beach that would rise to the level of what I think · .This time around, though, Justin Flake, and later, and we've asked when we're inside Road on Belvedere Island, complained would be a nuisance," Tsai said. the general manager of the hotel group that · why we can't play outside," Turley said. noise travels from all the events downtown Commission Erica Williams said owns Wateis Edge Hotel, wrote in a letter Delaney Lynch, a 31-year-old Tiburon Chair to homes across Belvedere Cove. He said commission had to delicately balance to the commission they are in support of resident, said if the commission didn't allow th.i residents there were only alerted about the keeping downtown vibrant and preserving the live-music permit under the time limits, the music, downtown would continue to be 1 hearing by talking to neighbors, who "were though he noted they "still have concerns." a ghost town, and prices would go up at the a-quiet, village-like atmosphere in Tiburon. horrified that this kind of thing would be restaurant, bringing in fewer locals. "My sense is we have been more defer Flake did not respond to a request for considered." "I do think that this is important," Lynch ential to residents in the past, maybe at the comment on the group's additional concerns. He said it would be difficult to police how expense of the downtown district," Williams · For Corcoran, who was on the Planning said. "Sam's really used to be a lot more live loudly bands would play and complained ly, somewhere you could just go and enjoy said. "So my inclination is to try something Commission in 2015-2016 when it sought to that "a lot of the music is poorly performed a little different" ban live music on Sam's deck without a spe music on th~ patio, and more and more you with i>erformeis who confuse volume with keep seeing young people get pushed out of · - ·Commissioner john Corcoran said he was cial-event permit, the new request diffeis in talent" Tiburon." concerned about the possibility of allowing a part because no canopy is being requested "The constant commercial enterprise of "tremendous amount of music" with the pro as part of the application, he said in an email Jn opposition to the project was Nancy sounds and amplified music for a commer posed hours, but he said overall he thought interview after the meeting. The commis Purdy, who owns the building at 13-19 Main cial operation at the expense of washing the allowing live music could bring more vital sion previously feared the canopy could am St, just on the other side of the Waters Edge whole Sam's side of Belvedere Island with ity to downtown. He compared Main Street plifY sound from inside it, and that it would Hotel from Sam's. this nuisance is uniniaginable," Wisenbaker to The Cove Shopping Center on Tiburon provide enough warmth and shelter to allow She said she was concerned about how said. Boulevard at Blackfield Drive, which he said restaurant-goers to stay outside later mak broad the permit's terms would be, noting Flaherty said he hoped residents don't was completely dead before Peet 's Coffee ing noise. music in the area drives her residents crazy conflate Sam's with other noise going on and Paradise Foods, now Nugget Markets, "We know how cold it gets in the evening, and could become continuous under the new downtown, noting the restaurant would moved in. so it is doubtful people will suddenly want rules. be resp0DS1ble and listen to concerns. He "I really hope that Mina and Sam's do that to remain on the deck late," Corcoran said. "I hear people talking about how great it pointed to the agreement with Wateis Edge for downtown,• Corcoran said. "Plus this week's conditional use permit is to liven Tiburon up, which is OK, but this as evidence the restaurant is trying to be a only allows music until 8 or 9. So the real seems to be a little bit open-ended with band good neighbor. , Change from previous practice concern this week was late-night noise dis music, and cince you set a precedent we're "Sam's has been doing this for a while, it Flaherty and town staff framed the appli turbing (in particular) Wateis Edge guests." kind of in the middle, with .Sam's on one sounds like it's more of a worry of, 'What if?' cation as something that would codify "ex He . and Williams, wbo was also on the side and Servino (Ristorante) on the other," Flaherty said. "Which I undeistand ... but isting practice" of having live music inside commission for the canopy application, both Purdy said. we will be responsible.• and outside at Sam's. noted that this time around, WateIS Edge But Tsai, the commissioner, said he felt it ~ Flaherty said since he took over he has supported the Jive.music request and there made sense to keep the conditional use per Reporter Matthew Hose covers the city of hosted live inusic on the deck a couple dozen was no opposition from Corinthian Island tillt open-ended for now, as it woold likely Belvedere, as well as crime, courts and times at the restaurant, mostly on weekends, residents, while those on Belvedere Island help the restaurant figure out what times are public safety issues on the Tibur011 Penin and has not gotten special-event permits for and on Main Street couldn't pinpoint their best to put on the live music. sula. Reach him at 415-944-4627 and on those occasions. noise concerns to Sam's. Hank McWhinney, the president of the Twitter at @matt_hose. • -J - - --..:--=-- - face book. com/ the ark newspaper JANUARY 30, 2019 . THE ARK I NEWS 15 Bel Aire Elementary School and four morn Bus, contim1edfrom page 1 "It was an easy argument to make," Mc each program sold that year. ing and five afternoon routes for Del Mar Caskill said. "Marin Transit didn't have any For instance, in 2017-2018, the cost of a Middle School. The program offers one valid explanation for why it was fair to just one-\vay bus pass for the Yellow Bus Chal budgets and would reduce those contribu morning and one afternoon bus for Cove El give funding to the Ross Valley program" lenge \vas $295; 35 percent of.that is $103.25. tions. ementary School in Corte Mad~ He noted the agency quickly agreed to de With 1,316 passes sold that year, the transit The Yellow Bus Challenge is one of five Though the joint-powers authority over velop a new method of allocating funds, and agency arrived· at the $135,877 allocation. yellow-bus programs throughout the county sees the program, Marin Transit handles the passage of Measure AA only helped that Marin Transit officials said the 2017-20'"IB""" getting an inf!~ of cash in amounts rang· day-to-day operations and troubleshooting. effort by giving the agency more money to bus-pass data was chosen because it dem ing from about $25,000 to about $232,000 The program has been popular on the ,irork with. onstrates a program's use and congestion per year over the next three years. peninsula and has generally been credited The ad hoc committee helped develop rec relief and was readily available and easy to That amount may be adjusted annually with easing congestion on the oft-gridlockfd ommendations for how allocations should be collect Using the pass price for each indi based on county sales-tax growth. Marin Tiburon Boulevard in the mornings and af. calculated and distributed, McCaskill said. vidual program also recognizes differences Transit plans to re-evaluate bus-program ternoons. between the programs, such as operating data in 2020-2021 to determine how much to During the current school year, a one-way Funding.formula uses costs, they said allocate for the following three-year funding bus pass costs $315. So far this year, 1,331 2017-2018 data The agency said it will reassess that 35 cycle, from fiscal 2022-2023 through fiscal passes have been sold to Reed district stu The 5 percent of Measure AA revenues percent in the future and may change it for 2024-2025. dents and 98 passes have been sold to Cove Marin Transit is now required to spend an other funding cycles. The funding is a direct result of Measure Elementary students. Those numbers in nually on school transportation and services Programs that receive funding will have AA, a half-cent sales tax that raises about clude free or reduced-rate passes distributed works out to about $1.325 million in the first to show each year they continue to meet· $Z7 million each year for county transpor to income-eligible families. year of the tax. the eligibility criteria. If a ·program reduces tation projects. County voters in November Nearly half of the $904,000 program· is The agency cw;rently spends about $1 its service by 20 percent or more in a given approved a 30-year renewal and extension of funded through bus-pass sales. Additional million on those services - about $640,000 year, its funding .would be reduced the fol the tax, which was originally set to expire funding comes from the Reed district, the on its youth pass program, which allows stu lowing year. in 2025 but will now continue through 2049. county of Marin, the town of Corte Madera dents to ride any Marin.Transit local route A caveat of the renewal measure requires and grants. without paying an additional fare; about Additional money shouid relieve that5 percent of Measure AA funds be spent All remaining costs are shouldered by $185,000 on 10 supplemental bus routes that pressure on municipalities on school-related transportation and services, Tiburon and Belvedere taxpayers, with combat overtrowding on regular Jines fre. Fraser said he believes the allocation which freed up about $600,000 annually for the town paying about $288,600 and the quented by students; and the $175,000 dedi method is fair: Marin Transit to dedicate to county school city paying about $72,000 under the 80-20 cated to the Ross Valley yellow-bus program "It's a positive signal that we are working bus programs over the next three years. funding ratio the two municipalities use for That left it with an additional $325,000 to al together, the county and the municipalities, · The new funding source was good news shared public projects. locate to county yellow-bus programs. on the yellow-bus program," he said. --c> for members of the Tiburon Peninsula Traffic Officials from Tiburon and Belvedere have The agency decided to pull the money it al Though·Marin Transit appears to be plan Relief Joint Powers Authority, which ruJlS !he said the municipalities' contributions to the locates to Ross Valley out of that $1 million ning the allocations in three-year cycles, Yellow Bus Challenge. The program, which program take too big of a toll on their re and add it to the $325,000 pot for school-bus McCaskill said he expects the Measure AA began in 2015 •. offers discounted school-bus spective operating and capital-improvement programs. It also decided to contribute anoth funding for the yellow-bus programs to re passes in an effort to get cars off of Tiburon budgets to be sustainable year after year. er $100,000 in Measure AA funds, for a totai main steady far into the future. The only Boulevard during peak travel hours. As a result, the joint-powers authority of $600,000, noting that with the passage of reason it might decrease, he said, is if other Authority board member arid Tiburon has focused on fuiding additional outside · Measure AA and voters in November opting programs crop up around_the county, !ho1Jgh Couricilmember Jun Fraser noted the board funding _:_ and officials were partiCularly against rep.aJing a statewide gas tax, which he noted "there aren't any communities mak has been working with Marin Transit for the chagrined last year after discovering Ross provides funds toMarin Transit, the agency's ing noises about doing that" currently. past couple of years to try to secure additional Valley's similarly sized school-bus program, long-term financial outlook is stable. "I think for all practicality, that funding is money for the program, which currently relies which is run by Marin Transit, was receiv To be eligible for funding, bus programs going to be there for a long time," McCaskill on a hefty commitment of taxpayer dollars ing $175,000 from Measure A, as the half. must be traffic-relieving programs that said from both Tiburon and Belvedere to survive. cent sales tax was known before its renewal, serve public schools located in urbanized He said he expects the funding to help re Every bit of extra money helps, he said while the local program received nothing. Marin; have been operational in fiscal year duce Belvedere's annual contribution to the "Tiburon and Belvedere have been under Marin Transit officials at the time noted Ross 2017-2018; offer a discount of at least 50 per program. ·'4. writing the bus program since the -begin Valley's Measure A allocation had a Jong his cent on passes to low-income students; and "The cost to us going forward after these ning, and we will continue to do that," Fraser tory and had been inherited by the transit have other funding sources, not including funds is a pretty small piece of our budget," said "But the elevation in costs, which are agency when it took over the program. pass-sales revenue, that cover at least 20 he said. natural, will now qe offset by this additional In 2016, an ad hoc committee of stakehold percent of operating costs. Fraser also said the Marin Transit money funding from Marin Transit" ers \YaS formed to evaluate and plan Marin Five bus programs in Marin fit that bill would have the positive effect of reducing Transit's involvement in school transporta - the Yellow Bus Challenge and other pro Tiburon's contribution to the program Local program has been eying tion in Marin County. Fraser participated, grams serving the Ross Valley, Mill Valley, "That's perhaps less that \ve have to ask additional funding as did Bob McCaskill, Belvedere's mayor San Rafael City and Dixie school districts. local taxpayers to contribute," he said, noting The Yellow Bus Challenge program cur and a Tiburon Peninsula Traffic Relief Joint To decide how much each program will the funding will also help the program "keep rently offers 12 morning routes and 12 after Powers Authority board member. Through receive during the first three-year funding the price of bus passes at a reasonable level." noon routes to Reed Union School District that group, McCaskill said, he and Fraser cycle, Marin Transit calculated 35 percent of campuses: three morning and three after advocated for Marin Transit funding for the the price of a 0ne-way bus pass for each pro Emily Lavi11 is The Arks assista11t edit°"~ noon routes for Reed Elementary School, Yellow Bus Challenge and other county bus gram during the 2017-2018 school year and 011d Strawberry reporter. Reach her at 415- five morning and four afternoon. routes for programs beyond Ross Valley. multiplied that number by the total passes 944-3841. Slgn,.co11tim1edfrom page 5 road It wanted the name to be internally il County staff determines opment code. luminated and measure about 9 feet, 5 inch sign Is compliant Kilgariff also determined neither the Strawberry Hill Master Plan nor the con es long and about 1 foot tall with 5-inch-deep County staff, however, did not agree with concerns about the sign's scale and illumi ditions of approval for the Belvedere Place letters. the board's recommendation and instead nation. Neither WeWork nor building owner complex contain sign standards for tli[• The sign's design raised immediate con approved the sign after determining it com property. ScanlanKemperBard sent representatives to cerns with a few members of the commu plies with the county's development code - The county therefore decided the sign's that meeting. nity. At the Design Review Board's Dec. 3, though staff did stipulate the sign could only Sherer said he "couldn't be more disap 2018, meeting, residents noted the proposed size February 13, 2019 / $1.50 Inside TIBURON • BELVEDERE • STRAWBERRY LINEUP SET AS COPS: REPEAT FLOURISH Named the nation's best IRISH MUSIC TIBURON FELON SUCCULENTS small community weekly FEST RETURNS TRIED TO BUY OPENS IN HEARTS 2018 ,.Met; G«>eral &~II~. National Ne-tspsper AsSl!Ciatton 2014 2017 Wnal1sts. Geflffaf &celle!ICf!. NBIJonaf NewspaptN AWJCla/JOn TO TIBURON GUN ILLEGALLY & 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 No date set for hearing, Tiburon forms panel to hash out but group airs concerns to k springtime use of McKegney Field Tiburon Town Council Dispute arises over renovation By DEIRDRE McCROHAN playing field this spring after receiving [email protected] fundraising, fairness afler soccer pushback from the field's other primary user, the Southern Marin Lacrosse Club. given preference, reduced rates A group of Belvedere residents has for r Town staff had recomm~nded the mally appealed the Tiburon Planning Com ke By MATTMEW MOSE Tiburon Parks, Open Space and Trails the [email protected] Commission approve a plan that would mission decision to allow Jive, amplitied oof have allowed the soccer club first choice music-on the outdoor deck at Sam~ Anchor :ant in booking the field during the upcoming Cafe, citing concerns the noise will impact Tiburon is reconsidering a plan to give their quality of life_ oon the Tiburon Peninsula Soccer Club priority spring season and granted the club a five- way access and discounted reservation fees to The Planning Commission in January void use the newly renovated McKegney Green See FIELD, PAGE 13 voted 3-0 to grant the restaurant, on the waterfront at Z1 Main St, a conditional use ICUS permit that would allow live outdoor music t its seven days a week, from 11:30 a.m to 9 p.m ally Fridays and Saturdays and from 11:30 a.m rase to 8 p.m. Sundays through Thursdays_ un The Planning Commission's approval est came with the condition the commission fbe would hold another hearing in sixth months m- to decide whether to modify the permitted hours and possibly require a sound study to he 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___ diz.eQ.~ III ill-C-11RUU11;8~ ~J"IL:aa.:r-au-•·~·-- }obn Davis described the triplex. as his and his sister's "re reopell the restaurant and thereby preserve a T!&Uron insti· a profile"6ifltieToor.·.-~~- tirement -p\an' and said raising the roof and the new heating tution. The Caprice opened on Main Street in 1956 and wa$ The Tiburon Planning Commission originally approved the use permit for Dal Bozw's proposed improvements in and air-ronditioning equipment would hurt !heir property moved to its current location. a converted waterfront house. values by eliminating or significantly reducing rite side in 1962. June 2018. As part of that permit, the restaurant received views and reducing the amount of sunlight. The council agreed with the design board's condition of permission to move its. valet-parking operatiQo across the Councilmembers were initially split on bow to handle the approval to limit the size of the awning to extend no more street and to extend the operating houn! flttn the ptevious issue. Councilmember Jon Welner came our strong in sup than five feet out from the building. 5:30·9:30 p.m. to 5·10 p.m. Monday through Tbur&day and port for the project, noting he found it "almost comical" that It also said it was relying on the town's Community De ll a.m.-10 p.m. Friday through Sunday so The Caprice can some councilrnembers were saying lhey welcomed the Dal velopment Department to ensure the heating, ventilation serve brunch on the weekends. Bozzos to the Tiburon business community while "puning and air-conditioning equipment is not too loud, as Commu them through the paces" with a laborious review over a foot nity Development Director Sung Kwon told the council the Deirdre McCrohan has reported on 1ilnmm llJcal govern· of height. equipment will have to meet noise standards before being ment and comm11nity issues for more than 30"6TS. Reach However, Fredericks noted she didn't think it was unwel· approved by the department's building division. her at 415-944-4634. Hank McWhinney, speaking for the Point Sam's, rontinuedfromPaee 1 By law, councilmembers were not permit· niog Commission Saln's has offered live Tiburon Bayside Condominium Associa ted to respond to the public oomment, as the music on the deck "a ~ doren times~ tion, said be was also concerned. item wasn't on the meeting agenda. How· since he took aver and desaibed his appli Al lhat hearing, rommissioners noted "We need standards that define what is ever. the council will ultimately rule oo the cation for live music as codifying existing that, unlike previous discussions in 2017 an acceptable noise level," said McWhinney, appeal; no hearing date bas been scbeduled. practice. Advertisements for music oo the about live music at Sam's, the neighboring who also objected at the Planning Commis However, WJSeDbaker encouraged the deck appear to stretth to last August. Waters Edge Hotel and residents of Corinthi sion meeting. "Sound is going to be rising. town to be proactive. In late 2015 and early 2016, Sam's at· an lsland didn't object, while commissioners It's time to do a professiooal noise study." templed to get a CXJDditional use permit to said they felt opponents on Belvedere Island •rm hoping that more discussions with put up an outdoor canopy, which the Waters and on Main Street weren't able to pinpoint Dave Ganapoler of Belvedere said the non· Sam's, perhaps facilitated by (town) staff, F.dge, residents, the Planning C mmM Cl their noise concerns to Sam's. stop music would prevent nearby residents will yield something that W'Oll't require a and 1bwn Council feared would project Though the appeal bearing was not on the from hearing many of the sounds that make hearing." he said. agenda fir the Tiburon Town Councils Feb. 6 them love living in the area, including "seals The live-music approval for Sam's came sound outward Sears and Wilsm agreed to approval meeting. several residents used the open pub barking, birds calling. water crashing on Oil the heels of the Planning Commission conditions c4 that "there aball be . ap- amplified sound, public-addftsa syab!m, lic-comment period at the start of the meeting rocks." provmg the installation of 157 small speak. no to e.'CpreSS coocems about the live music;. "Tbis is going to affect our property val· ers for Msoft, ambient" indoor and outdoor outdoor speakm; or live music on any par· Steve Wisenbaker of Beach Road. who also ues." be said 11tis is a big issue. Ifs about music at celebrity chef Michael Mina's new tioo of the deck, including the canopy area, unless a (specia]-event) permit is spoke at the Planning Commission hearing, peace and tranquility. It needs to be given restaurant, slated to open in late summer in obtained," 9 was among them. He said Belvedere resi· serious coosideration. the former Guaymas space at 5 Main St., just noting they rarely had live music Oil the dei:k dents were not notified of the proposal prior Cooor Flaherty, who bought the restau· a few doors down from Sam's. and always obtained a special-event permit anyway. to the Planning Commission meeting. rant from prior owners Steve Sears and The Planning Commission also made that "Nothing in the conditional use permit ap Brian Wilson in 2017, said at last mooth's approval cooditiona~ noting it would revisit The canopy project was never o "defied. and that proved by the commission deals with noise Planning Commission hearing having live the issue three months after the restaurant January 23, 2019 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 ofthe 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 Steve Wisenbaker 322 Beach Road Belvedere, CA 94920 c 415.601.9215