Agenda — Belvedere City Council, September 12, 2022 (part 2 of 2)

WHEREAS, the universal masking requirements in all indoor public settings, social distancing guidance, vaccination availabilities and the increase in knowledge about protections against COVID19 variant exposure or transmission led the CDPH to amend their masking guidance to allow the universal indoor masking requirement to expire on February 15, 2022; and WHEREAS, the requirement for unvaccinated persons to mask in indoor public settings and businesses was replaced on March 1, 2022 by a strong recommendation that all persons, regardless of vaccine status, mask in indoor public settings and businesses; and WHEREAS, the Delta and Omicron Variants have caused, and will continue to cause, conditions of imminent peril to the health safety of persons within the City; and WHEREAS, public meetings involve many people in shared indoor spaces, in close proximity for hours, and City meetings rooms have limited mechanical and natural ventilation, creating a health risk for members of the public at this time;
WHEREAS, as a result of the continuing declared emergency, public meetings in-person would result in an imminent risk to the health or safety of attendees; and WHEREAS, the City provides in the public notices and agendas for all public meetings the online and telephone options for participation in public meetings, protecting the right of the public to address their local officials and to participate in public meetings, and posts this information on the City’s website, including instructions on how to access the public meeting remotely; now, therefore be it; and
WHEREAS, a meeting format determination under AB 361 is not a “project” under the California Environmental Quality Act, because it does not involve an activity that has the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Res. Code § 21065.)
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Belvedere, based on the findings set forth above and incorporated herein, that public meetings of the City’s legislative bodies shall be held using remote technology in compliance with the requirements of Government Code section 54953(e) and all other applicable laws for thirty (30) days following the date of adoption of this Resolution.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Belvedere on September 12, 2022, by the following vote:

AYES:

NOES:

ABSENT:

Resolution No. 2022-xx
Belvedere City Council

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RECUSED:

APPROVED:___________________________
Sally Wilkinson, Mayor
ATTEST:_______________________________
Beth Haener, City Clerk
AGENDA ITEM NO. : 15 &16

INDIVIDUAL BELVEDERE CITY COUNCIL
CONSENT CALENDAR September 12, 2022
To: Mayor and City Council
From: Irene Borba, Director of Planning & Building
Reviewed by: Robert Zadnik, City Manager
Subject: Approve revocable licenses for proposed private improvements in the City street right-of-way along Eucalyptus Avenue for the property at 19 Eucalyptus Avenue & 137 Golden Gate Avenue
Recommended Motion/Item Description

1. That Mayor Sally Wilkinson and Council Member Peter Mark state for the record that their residences are within 500 feet of both subject properties and therefore must be recused from item 15 and item 16.

2. That the City Council approve separate revocable license agreements; one for 19 Eucalyptus Avenue for improvements in the Eucalyptus Avenue right-of-way, and one for the property at 137 Golden Gate for the Eucalyptus Avenue right-of-way, explained in more detail below.

Background and Findings
At the August meeting of the Planning Commission, the Commission reviewed and approved a project for three retaining walls and landscaping for the property at 19 Eucalyptus Avenue. The proposed walls are to address a slide that occurred on the property. Additionally, a set of stairs were proposed to replace a set of stairs on the neighboring property at 137 Golden Gate Avenue that sustained damage due to the slide that started on the adjacent property of 19 Eucalyptus Avenue. Revocable licenses are required for improvements in the city right-of-way. Public Works is requiring separate revocable licenses for each property. Both 19 Eucalyptus and 137 Golden Gate are considered double frontage lots; they have frontage along Eucalyptus Avenue and Golden Gate Avenue.

Project Description
The slide demolished several retaining walls; new walls are necessary to prevent further erosion and a larger slide from occurring. The proposed three retaining walls will be a reinforced block style wall, specifically a versa-lok standard wall in a weathered Sierra color. The wall will be tiered (stepped back) with landscaping in between each of the walls to provide screening and softening of the walls. The walls will vary in height and the top retaining wall will include a safety railing (hogwire mesh & wood posts) as required by the building code. Portions of the lower

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retaining wall & landscaping would be in the Eucalyptus Road right-of-way; therefore, a Revocable License is required.

The proposal includes landscaping to help screen and soften the proposed retaining walls. The landscaping includes a combination of Ficus plants that will climb the walls and a mixture of grasses and shrubs to provide some additional screening and aesthetic interest to the area.

Additionally, the slide demolished a set of existing stairs in the city right-of-way behind the neighboring (adjacent) property at 137 Golden Gate Avenue. These stairs provided pedestrian access for the property owners at 137 Golden Gate Avenue to Eucalyptus Avenue. The project proposal included replacing the stairs to allow for the property owner’s continued access.

The commission approved the proposed project with conditions and recommended City Council approve the required revocable license for both property owners.

Compliance with Administrative Policy Manual Section 272.05, Revocable Licenses In accordance with Section 272.05 of the City’s Administrative Policy Manual, a revocable license for private use of excess street right-of-way may be granted at the discretion of the City Council when there is some benefit to the public, provided that any proposed encroachment into the rightof-way complies with the design review requirements of Title 20 of the Belvedere Municipal Code.

The existing & proposed improvements conform to the Administrative Policy Manual for revocable licenses.

The Belvedere Administrative Policy Manual provides that the City Council may grant a revocable license for the private use of excess right-of-way if there is some public benefit and based on a list of factors. (Administrative Policy No. 11.7.)
Public Works is requiring a Revocable License for each property for improvements in the Eucalyptus Avenue right-of-way. 19 Eucalyptus requires a Revocable License for portions of the proposed retaining walls and landscaping in the right-of-way, and 137 Golden Gate Avenue requires a Revocable License for the access stairs behind their property located in the Eucalyptus right-of-way.

After reviewing city records, it appears that 19 Eucalyptus Avenue has an existing revocable license (RL No. 00-21) for improvements in the city right-of-way along Golden Gate Avenue for stairs, landscaping and all private improvements. The property at 19 Eucalyptus is a double frontage lot and has frontage along Golden Gate Avenue and Eucalyptus Avenue. There appears to be no revocable license for Eucalyptus Avenue.

The current request for a Revocable License includes the following improvements in the Eucalyptus Avenue right-of-way: portions of the new retaining walls, landscaping, and the new stairs to replace the ones demolished behind the property at 137 Golden Gate. It should be noted that in reviewing the records, the adjacent property at 137 Golden Gate Avenue has a Revocable License for improvements in the Golden Gate Avenue right-of-way. Additionally, the property at 137 Golden Gate Avenue has a Revocable License (RL No. 99-13) for a deer fence, gate, and landscaping. This revocable license did not include a reference to stairs.

For 19 Eucalyptus Road, Staff suggests that the portions of the wall encroachment are necessary to repair the slide in an appropriate manner and to design a series of walls that are stepped backed

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to provide for landscaping areas that will screen and soften the walls from public view. Rather than constructing one large/tall wall which would be unattractive and detract from the area, a series of lower walls, as presented, is preferred.

For the stairs at 137 Golden Gate Avenue, staff suggests that the new stairs will help to provide stabilization of the hillside along Eucalyptus Avenue.

Separate revocable license exhibits for each property are attached.

Factors the City Council considers when determining whether to grant a Revocable License for the private use of excess street right-of-way include, but are not limited to, the following items listed below. Staff suggests the factors are satisfied, as explained in the italicized language, and that Revocable Licenses are appropriate.
a. Where necessary to provide pedestrian or vehicular access from private property to the adjacent public street;
The project proposes a stairway behind the property at 137 Golden Gate Avenue to allow for pedestrian access from private property to the adjacent street. The new stairway is to replace an existing stairway that was demolished from a slide that was started on the neighboring property at 19 Eucalyptus Avenue. The improvements are necessary to provide access that existed prior to the slide and as designed, the new stirs will help to stabilize the hillside. b. Where use of the public right-of-way will permit landscaping and/or related improvements to be installed that the City Council determines will enhance the aesthetic qualities of the streetscape. Any such landscaping and/or related improvements should not significantly impede public views or views from neighboring properties, or infringe on the privacy of neighboring properties;
The proposed new vegetation helps to soften and screen the three-tiered retaining walls along the street and improves the aesthetic qualities of the streetscape to harmonize with area. The retaining walls are necessary to prevent further erosion and slides from the property. Said landscaping will not significantly impede public views from what currently exists or infringe on the privacy of neighboring properties.
c. Where use of the public right-of-way will permit the creation of an off-street parking area, and will thereby relieve parking or traffic congestion on the adjacent City street; Not applicable to the project as no off-street parking area is proposed. d. Where the public right-of-way will be used to construct retaining walls, drainage structures or other facilities that the City considers necessary to protect or maintain the public infrastructure; Portions of the retaining walls are proposed in the right-of-way and are necessary to protect the street below as well as other properties in the area. The walls are necessary to repair a slide that occurred on the property and to prevent further erosion and or another slide from occurring.

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e. Where appropriate to validate already existing private improvements in the public right-ofway for the purpose of shifting the City’s potential liability for injuries and damages to the private property owners using the right of-way for private purposes; The proposed new improvements included: are portions of a retaining wall, landscaping and a stairway; the stairway would be on the adjacent property behind 137 Golden Gate. A new Revocable License and separate Revocable Licenses are required to shift potential liability for injury and damages to the private property owners for the new improvements in the right-ofway. f. Where necessary to protect or enhance public safety; The retaining walls are necessary to protect the public from further erosion and or slides from the property and to repair the previous slide that occurred. Further erosion and or another slide could damage the roadway as well as other properties in the area. The proposed landscaping will enhance the walls are provide for screening and softening of the walls. The stairs provided pedestrian access from private property to the street. The stairs also as designed help to provide stabilization of the hillside that was damaged from the slide that started on the neighboring property and damaged the hillside behind 137 Golden Gate. g. Where use of the public right-of-way will provide an area for street-level refuse and recycling containers on property that would otherwise not have an area for such improvements.

Not applicable as no street-level refuse area is proposed with this project.

Additionally, the Administrative Policy further states that “Where fencing is proposed on City property, with the exception of where said fencing would be located on a very steep slope and would serve as a safety measure for vehicles and pedestrians said fencing should normally be avoided as this effectively turns public property into private property and potentially creates the unwanted image of a “tunnel effect” along our city streets. Fences and other similar barriers, including landscaping, that enclose public property for private use should be avoided.” No new fencing is proposed in the right-of-way. Portions of retaining walls are proposed but are necessary to protect the public from further erosion and or slides from the property and to repair the previous slide that occurred. Further erosion and or another slide could damage the roadway as well as other properties in the area.

Public Benefit
The project benefits the public, as these proposed improvements will protect the public from further erosion and or slides from the property and repair the slide that occurred. Further erosion and or another slide could damage the roadway as well as other properties in the area. The landscaping will enhance the aesthetic appeal of the property frontage and will provide screening and softening of the necessary retaining walls to blend in with the existing area. The stairs provide safer pedestrian access from private property to the street and as designed help to stabilize the hillside that was damaged from the slide.

Future improvements
The license covers any future improvements within the revocable license area which receive staff or Planning Commission design review approval, and which meet one or more of the criteria for

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approval of revocable license listed in the City’s Administrative Policy Manual, Policy 272.05, as adopted by City Council resolution. Applications for substantial, potentially permanent and/or obstructive structures within the City right-of-way, which fall outside the criteria, will still be required to go to the City Council for consideration and approval/denial. Detailed records at City Hall, maintained in the Planning Department file for this address, will always be available to show exactly what structures have been approved within the license area. This will save considerable staff time in issuing, recording, and archiving a new license agreement, that would otherwise be devoted to bringing a revised license and staff report to the City Council.

Recommended Action
That the City Council approve new revocable license agreements for existing & proposed improvements for 19 Eucalyptus Avenue and 137 Golden Gate as part of the Consent Calendar.

Attachments

1. Draft license agreement with attached exhibit for 19 Eucalyptus Avenue

2. Draft License agreement with attached exhibit for 137 Golden Gate Avenue RECORDING REQUESTED BY:

City Clerk, City of Belvedere
RECORD WITHOUT FEE PER G.C. 27383
AND WHEN RECORDED MAIL TO:

City Clerk
City of Belvedere
450 San Rafael Avenue
Belvedere, CA 94920-2336

CITY OF BELVEDERE
REVOCABLE LICENSE NO. 2022.05
ASSESSOR'S PARCEL NO.: 060-162030
ADDRESS: 19 Eucalyptus Avenue, Belvedere, California 94920 OWNER: Gary Friedman
DATE ISSUED: September 12, 2022
The City of Belvedere, California, a municipal corporation (hereinafter referred to as "City"), hereby authorizes and licenses the owner of the land described above and in Exhibit "A" (hereinafter referred to as "Licensee"), at its own cost and expense, to encroach upon the adjoining land owned by the City of Belvedere (hereinafter referred to as "Premises") for the following purpose:

Landscaping and retaining wall improvements.

The above-described improvements received City design review approval. This license shall cover any future improvements within the revocable license area which receive design review approval and which meet one or more of the criteria adopted by City Council resolution for the granting of revocable licenses.

Any future revocable license application which does not meet the criteria must be approved by the City Council.

This revocable license is granted subject to the following terms and conditions:

1. Licensee shall save and hold harmless the City of Belvedere from any loss, damage, or injury of any kind or character whatsoever that may arise from anything done, or omitted to be done, by Licensee, its agents, employees or contractors in connection with or in any way related to the matters authorized by this License. Licensee agrees to hold City harmless and indemnify City (including, but not limited to, attorney fees, expert witness costs and court costs), without limitation, from and against any and all claims, injuries, damage, liability and/or cause of action which may ever arise as a result of injury and/or damage to property claimed to be the result of construction and/or failure to maintain said property or improvements by Licensee in, on, under, or above City property which is the subject of the revocable license granted Licensee by City.

2. To the extent this License authorizes the erection or installation of any building, fence, wall, or other structure or facility in or upon land owned by City, Licensee agrees to erect and install the same in accordance with plans and specifications approved by the Planning Commission of the City of Belvedere and further agrees to maintain the same at all times in good condition and repair, all at Licensee’s sole cost and expense.

3. To the extent this License authorizes the erection or installation of any infrastructure improvements which are subject to the Americans With Disabilities Act (“the Act”), Licensee agrees to construct and maintain those improvements in full compliance with the requirements of the Act.

4. If Licensee shall fail to comply with the terms and conditions of this License, the City, at its option may immediately terminate and revoke this License by mailing or delivering written notice thereof Attachment 1
Revocable License No. 2022.05

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to Licensee at the address hereinabove stated. Licensee shall not restrict access by the public and/or by adjacent property owners to the licensed area.

5. Licensee shall execute this License by: signing the License; making an acknowledgement of the License before a notary public or an officer specified by the State to take the acknowledgement of instruments of writing; and delivering the signed License and certificate of acknowledgement to the City. If Licensee shall fail to execute this License within thirty days of the date issued, the City may immediately terminate and revoke this License by mailing or delivering written notice thereof to Licensee at the address hereinabove stated.

6. Anything herein to the contrary notwithstanding, this License shall be revocable at the pleasure of the City Council of the City of Belvedere. The election to revoke this License may be exercised at any time by mailing or delivering to Licensee at the address hereinabove stated a notice of revocation and termination. Within the time specified in said notice, Licensee shall, at its own cost and expense, remove from the Premises the encroachment and all structures and facilities placed thereon or therein by Licensee.

7. That upon the failure of Licensee to comply with any of the agreements contained herein, City may declare said improvements to be a public nuisance and may take such action as may be authorized by law to abate said nuisance. The City shall be entitled to recover from Licensee costs of suit and reasonable attorney's fees, to be determined by the court. The remedy of City as contained in this paragraph shall not be exclusive.

8. The Licensee acknowledges that the property interest created hereunder by issuance of this license may be subject to possessory interest taxation and said Licensee in whom such possessory interest is vested recognizes and agrees that it/they shall be solely responsible for payment of all such taxes levied upon said possessory interest.

9. The Licensee shall deliver this license to any successor in interest to the above-described land.

10. The agreements contained herein are covenants and servitudes running with the land and shall be binding upon Licensee and its successors, assignors, executors, administrators, and personal representatives.

11. The Licensee shall obtain an encroachment permit from the City prior to the commencement of any work on City property.

12. Any previous revocable licenses issued to this property are now null and void.

Issued by direction of the City Council of the City of Belvedere pursuant to action taken at its meeting of September 12, 2022.
_______________________________________
Robert Zadnik, City Manager
The foregoing License is accepted and its terms
and conditions are agreed to:
_________________________________________
Gary Friedman, License

RECORDING REQUESTED BY:

City Clerk, City of Belvedere
RECORD WITHOUT FEE PER G.C. 27383
AND WHEN RECORDED MAIL TO:

City Clerk
City of Belvedere
450 San Rafael Avenue
Belvedere, CA 94920-2336

CITY OF BELVEDERE
REVOCABLE LICENSE NO. 2022.06
ASSESSOR'S PARCEL NO.: 060-182-36
ADDRESS: 137 Golden Gate Avenue, Belvedere, California 94920 OWNER: Justin M. Faggioli & Sandra Donnell – 1995 Family Trust DATE ISSUED: September 12, 2022
The City of Belvedere, California, a municipal corporation (hereinafter referred to as "City"), hereby authorizes and licenses the owner of the land described above and in Exhibit "A" (hereinafter referred to as "Licensee"), at its own cost and expense, to encroach upon the adjoining land owned by the City of Belvedere (hereinafter referred to as "Premises") for the following purpose:

Stair & landscaping improvements.

The above-described improvements received City design review approval. This license shall cover any future improvements within the revocable license area which receive design review approval, and which meet one or more of the criteria adopted by City Council resolution for the granting of revocable licenses.

Any future revocable license application which does not meet the criteria must be approved by the City Council.

This revocable license is granted subject to the following terms and conditions:

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to Licensee at the address hereinabove stated. Licensee shall not restrict access by the public and/or by adjacent property owners to the licensed area.

9. The Licensee shall deliver this license to any successor in interest to the above-described land.

11. The Licensee shall obtain an encroachment permit from the City prior to the commencement of any work on City property.

12. Any previous revocable licenses issued to this property are now null and void.

AGENDA ITEM NO. : 17

PUBLIC HEARING BELVEDERE CITY COUNCIL
SEPTEMBER 12, 2021
To: Mayor and City Council
From: Irene Borba, Director of Planning & Building
Subject: Consider recommendations by the Belvedere Historic Preservation Committee and the Planning Commission to designate 206 Bayview Avenue a City of Belvedere Historic Property, pursuant to Title 21 of the Belvedere Municipal Code
Recommended Motion/Item Description

1. That Council Member James Campbell state for the record that his residence is within 500 feet of the subject property and therefore he must recuse himself from this item.

2. That the City Council conduct the public hearing; and

3. That the City Council adopt the resolution approving the designation of the property at 206 Bayview Avenue as a City of Belvedere Historic Property.

Background
The homeowners request Historic Designation, pursuant to Title 21 of the Belvedere Municipal Code, Historic Preservation for the property at 206 Bayview Avenue.

On July 12, 2022, the Belvedere Historic Preservation Committee voted to recommend designation of the home at 206 Bayview Avenue as a City of Belvedere Historically Designated Property.

At the August 16, 2022, Planning Commission meeting, the Commission considered the recommendation of the Historic Preservation Committee and the material prepared by the Committee as the basis for the recommendation. The Planning Commission approved a motion recommending that the City Council designate the residence at 206 Bayview Avenue as a City of Belvedere Historic Property.

Analysis
Under Chapter 21.20 of the Belvedere Municipal Code, a property owner may initiate the process to apply for the Historical Designation of his or her home. After a complete application is received, the Historical Preservation Committee holds a public hearing to consider the Historical Designation application and makes a recommendation to the Planning Commission.

Subsequently, the Planning Commission reviews the application and makes its recommendation

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to the City Council. Only the City Council can designate a residence as a Belvedere Historically Designated Property.

This single-family home built in 1892 is located at 206 Bayview Avenue. The home has four bedrooms, 3 bathrooms and is approximately 3,093 SF. The property has a lot size of 6,656 SF.

The home is built into a steep terraced hillside, with large outdoor terraces and porches.

This Victorian house, built by D.A. McLean, was one of the first homes on Belvedere Island.

The house has been restored with care and consideration over the years, maintaining its romantic character, with hardwood floors, crown molding, and period detailing throughout. The property includes a hillside elevator connecting Bayview Avenue to the entry level of the house. The property is also connected to Beach Road via the adjacent pagoda lane stairs.

The property is positioned directly above the San Francisco Yacht Club harbor. The home enjoys the views of the Belvedere Cove, Corinthian Island, the Tiburon Hills, Angel Island, the San Francisco Bay, and the city skyline including the San Francisco Oakland Bay Bridge.

Pursuant to Title 21 of the Belvedere Municipal Code, the Landmarks Preservation Ordinance lists the following criteria for designation of a structure as a landmark.

1. Architecture: It is an outstanding example of a particular style, construction method or material.

The house is a modest example of American Queen Anne Style built on Belvedere Island in the 1890’s. “Contrary to what might be expected, there were few houses built in the late Victorian (Queen Anne) style. The few Queen Annes built here (in Belvedere) were stripped-down versions, having only the most characteristic elements, round towers with witch’s cap roofs rather than the exuberant excesses of San Francisco’s Victorians”. This Queen Anne style of the house can be identified by its polygonal turret with a conical tower roof visible from both land and water.

Queen Ann houses like 206 Bayview were built in towns across America in the late nineteenth century. These house designs were often chosen from widely circulated pattern books where only a builder was required.

2. Architecture: It is outstanding because of age.
206 Bayview is outstanding because of age, being one of Belvedere’s first homes constructed November 1891 – 1892 soon after the Belvedere Land Company subdivided Belvedere Island.

3. Architecture: It is outstanding because it is the work of a significant architect or builder.

The builder of the house on 206 Bayview Avenue was D.A. McLean of Mclean Brothers.

Daniel McLean and his brother Neil built many of the earliest houses on Belvedere Island. They also served in numerous official capacities for the town. Both Daniel and his brother Neil are included in the list of Town Trustees and Presidents 1890 – 1928. Daniel McLean is also listed as one of the Volunteer Fire Department Chiefs 1918 – 1980.

A Pictorial History of Belvedere 1890 – 1990 includes D. A. McLean as one of the early Belvedere merchants showing an advertisement for D. A. McLean Dealer in Lumber,

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Wood, Coal, Coal Oil and Kindling as well as being the agent for Consumer’s Ice, Shasta and other Mineral Waters.

4. Architecture: It is outstanding because it is the first, last, only or most significant architectural property of its type in the city.

Built in 1892, soon after the Belvedere Land Company subdivided the Island, it is one of the first residences and one of the first houses built in the American Queen Anne style.

5. Design: It has a unique or original design or demonstrates outstanding craftsmanship The American Queen Anne style of the original mass of the building of the house has been altered by the addition of 2 modern greenhouse glass bay windows that doubles as a source of additional daylighting. We don’t know when this was added but, the addition of sunrooms was popular in the 1970’s in modern residential design.

These architecture additions of the house are pleasing and do no harm; however, the original Queen Anne style has been compromised to some extent. However, there are a few original decorative architecture features such as the front door with wooden applique above the door and other locations as well as an original stained-glass window.

6. History: It is associated with a person, group or event significant to the city, state or nation, or shows broad cultural, political, social or economic patterns, or embodies and expresses the history of the city.

The house was built for Captain Robert B. Phillips and his wife. The original deed lists their names and also the Dunham, C. & H. Co. There are records from the Sausalito News (cited in “Life in Belvedere and Tiburon 1890 – 1900”) “Among this week’s arrivals are…Mr. and Mrs. Phillips and family. 6.22.1895.

In 1896, Mr. Phillips signs a petition seeking the Incorporation of Belvedere.

Notice.

We the undersigned petitioners, herby give notice that we will present to the honorable the Board of Supervisors of the county of Marin in the State of California…a petition for the incorporation of the proposed town of Belvedere…That each of the undersigned is a qualified elector of said county of Marin and a resident within the hereinbefore bounded and described limits of the territory of proposed town of Belvedere…Robert B. Phillips State of California, City and County of San Francisco…Subscribed and sworn to me this 10th day of September, 1896. See Belvedere Incorporation. 9.19.1896.

Another citation in the Sausalito News states that The Phillips house is for rent.

3.11.1899. However, Mr. Phillips was recorded in the 1905 Marin County Directory as living in Belvedere but provides no further information.

7. Environment: It contributes to the character of the street or neighborhood area or has significance as a visual landmark owing to its unique location. 206 Bayview is in Belvedere's Historic Resource Sensitivity Map as a parcel of high historic sensitivity. Perched over Beach Road, near the middle of the Island, 206 Bayview Avenue is visible from Belvedere Cove as well as from Corinthian Island and

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the Bay. Although not highly visible from Bayview Avenue, the water side visibility of the house, perched directly above the San Francisco Yacht Club Marina, is a contributing piece of architecture in this historic neighborhood. The house the house with its typical Queen Anne polygonal turret with a conical roof contributes to the unity and diversity of the island.

8. Integrity: It retains most of its original materials and design features.

As we noted in Item 5 Design: The American Queen Anne style of the original mass of the building of the house has been altered by the addition of two modern greenhouse glass Bay windows (sunrooms). We don't know when this was added but, the addition of sunrooms was popular in the 1970s and modern residential design.

As we also noted the architectural additions of the house are pleasing and do no harm but from a long distance are noticeable. Several of the terraces and handrails have been added and it appears all of the windows have been replaced. The original Queen Anne style has been compromised to some extent.

9. National Register of Historic Places: It is a site or structure listed on the National Register of Historic Places.
206 Bayview is not on the National Register of Historic Places in Marin County.

A structure and site being proposed for historic designation must satisfy at least three of the above-listed criteria. As discussed by the committee and as detailed in the attached report form, it was concluded that the property at 206 Bayview Avenue satisfies criteria 2, 3, and 7. Once designated, modifications to a historic property are subject to the regulations of the Historic Preservation Ordinance. Pursuant to Section 21.20.090, the Historic Preservation Committee must review the application and make a recommendation to the Planning Commission on the merits of the application. The Planning Commission then makes a recommendation to the Council. Only the City Council can designate a residence as a Belvedere Historically Designated Property.

If designated, the property would become eligible for local and county tax reductions under the Mills Act program. Additionally, once designated, modifications to a historic property are subject to the local Belvedere regulations under the Historic Preservation Ordinance and the State Secretary of Interior Standards for the Treatment of Historic Properties. Finally, a designated historic property will constitute a “historic resource” under CEQA and be subject to additional environmental review and potential developmental constraints.

Recommendation

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1. That the City Council conduct the public hearing; and

2. That the City Council adopt the resolution approving the designation of the property at 206 Bayview Avenue as a City of Belvedere Historic Property.

Attachments

1. Resolution approving the designation of the property located at 206 Avenue as a City of Belvedere Historic Property.

2. Application for Historic Designation.

3. Belvedere Historic Designation Survey Form prepared by subcommittee of the Historic Preservation Committee.

CITY OF BELVEDERE
RESOLUTION NO. 2022 - XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELVEDERE DESIGNATING THE PROPERTY LOCATED AT 206 BAYVIEW AVENUE

A CITY OF BELVEDERE HISTORIC PROPERTY
______________________________________________________________________ WHEREAS, a proper application for Historical Status Designation pursuant to Belvedere Municipal Code Chapter 21.20 for the property located at 206 Bayview Avenue has been submitted; and
WHEREAS, the project has been determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that the Historical Designation of the property will not cause a significant adverse impact on the environment; and WHEREAS, a home may be designated as an Historic Belvedere Property if three or more of the findings of facts per to Belvedere Municipal Code section 21.20.070(A) can be made; and WHEREAS, the City of Belvedere Historic Preservation Committee made a favorable recommendation to the Planning Commission on the Historical Designation application on July 12, 2022; and
WHEREAS, the Planning Commission held duly a noticed public hearing on the Historical Designation application on August 16, 2022, and approved a motion recommending that the City Council designate the property at 206 Bayview Avenue a City of Belvedere Historic Property; and WHEREAS, the City Council held a duly noticed public hearing on the Historical Designation application on September 12, 2022; and
WHEREAS, Section 21.20.070.A of the Belvedere Municipal Code sets forth the criteria for Historical Designation, requiring that a designated property meet at least three of said criteria; and WHEREAS, the City Council made the following findings of fact pursuant to Section

21.20.070(A) 2, 3, and 7 of the Belvedere Municipal Code for the property at 428 Golden Gate Avenue:

1. Architecture: It is an outstanding example of a particular style, construction method or material.

The property does not meet this standard. The house is a modest example of American Queen Anne Style built on Belvedere Island in the 1890’s. “Contrary to what might be expected, there were few houses built in the late Victorian (Queen Anne) style. The few Queen Anne’s built here (in Belvedere) were stripped-down versions, having only the most characteristic elements, round towers with witch’s cap roofs rather than the exuberant excesses of San Francisco’s Victorians”. This Queen Attachment 1
Resolution No. 2022-XX
Belvedere City Council
September 12, 2022

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Anne style of the house can be identified by its polygonal turret with a conical tower roof visible from both land and water.

Queen Anne houses like 206 Bayview were built in towns across America in the late nineteenth century. These house designs were often chosen from widely circulated pattern books where only a builder was required.

2. Architecture: It is outstanding because of age.

The property meets this standard. 206 Bayview is outstanding because of age, being one of Belvedere’s first homes constructed 11.15.1891 – 1892 soon after the Belvedere Land Company subdivided Belvedere Island.

3. Architecture: It is outstanding because it is the work of a significant architect or builder.

The property meets this standard. The Builder of the house on 206 Bayview Avenue was D.A. McLean of Mclean Brothers. Daniel McLean and his brother Neil built many of the earliest houses on Belvedere Island. They also served in numerous official capacities for the town. Both Daniel and his brother Neil are included in the list of Town Trustees and Presidents 1890 – 1928. Daniel McLean is also listed as one of the Volunteer Fire Department Chiefs 1918 – 1980.

A Pictorial History of Belvedere 1890 – 1990 includes D. A. McLean as one of the early Belvedere merchants showing an advertisement for D. A. McLean Dealer in Lumber, Wood, Coal, Coal Oil and Kindling as well as being the agent for Consumer’s Ice, Shasta and other Mineral Waters.

4. Architecture: It is outstanding because it is the first, last, only or most significant architectural property of its type in the city.

The property does not meet this standard. Although the home was built in 1892, soon after the Belvedere Land Company subdivided the Island, staff cannot verify that it was the first, last or most significant architectural property in the American Queen Ann style.

5. Design: It has a unique or original design or demonstrates outstanding craftsmanship The property does not meet this standard. The American Queen Anne style of the original mass of the building of the house has been altered by the addition of 2 modern greenhouse glass bay windows that doubles as a source of additional daylighting. Staff does not know when this was added but, the addition of sunrooms was popular in the 1970’s in modern residential design.

Resolution No. 2022-XX
Belvedere City Council
September 12, 2022

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The property does not meet this standard. The house was built for Captain Robert B. Phillips and his wife. We have little information about the Phillips family. The original deed lists their names and also the Dunham, C. & H. Co. There are records from the Sausalito News (cited in “Life in Belvedere and Tiburon 1890 – 1900”) “Among this week’s arrivals are…Mr. and Mrs. Phillips and family. 6.22.1895.

In 1896, Mr. Phillips signs a petition seeking the Incorporation of Belvedere:

Notice.

We the undersigned petitioners, herby give notice that we will present to the honorable the Board of Supervisors of the county of Marin in the State of California…a petition for the incorporation of the proposed town of Belvedere…That each of the undersigned is a qualified elector of said county of Marin and a residentwithin the hereinbefore bounded and described limits of the territory of proposed town of Belvedere…Robert B. Phillips State of California, City and County of San Francisco…Subscribed and sworn to me this 10th day of September, 1896. See Belvedere Incorporation. 9.19.1896.

Another citation in the Sausalito News states that The Phillips house is for rent.

3.11.1899. However, Mr. Phillips was recorded in the 1905 Marin County Directory as living in Belvedere but provides no further information.

7. Environment: It contributes to the character of the street or neighborhood area or has significance as a visual landmark owing to its unique location.

The property meets this standard. 206 Bayview is in Belvedere's Historic Resource Sensitivity Map as a parcel of high historic sensitivity. Perched over Beach Road, near the middle of the Island, 206 Bayview is visible from Belvedere Cove as well as from Corinthian Island and the Bay. Although not highly visible from Bayview Avenue, the water side visibility of the house, perched directly above the San Francisco Yacht Club Marina, is a contributing piece of architecture in this historic neighborhood. The house the house with its typical Queen Anne polygonal turret with a conical roof contributes to the unity and diversity of the island.

8. Integrity: It retains most of its original materials and design features.

The property does not meet this standard. As we noted in Item 5 Design: The American Queen Anne style of the original mass of the building of the house has been altered by the addition of two modern greenhouse glass Bay windows (sunrooms). We don't know when this was added but, the addition of sunrooms was popular in the 1970s and modern residential design. As we also noted the architecture additions of the house are pleasing and do no harm but from a long distance are noticeable. Several of the terraces and handrails have been added and it appears all of the windows have been replaced. The original Queen Anne style has been compromised to some extent.

Resolution No. 2022-XX
Belvedere City Council
September 12, 2022

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9. National Register of Historic Places: It is a site or structure listed on the National Register of Historic Places.

The property does not meet this standard. 206 Bayview is not on the National Register of Historic Places in Marin County.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Belvedere does hereby grant approval of Historical Designation status to the residence located at 206 Bayview Avenue pursuant to the findings stated above and incorporated herein.

PASSED AND ADOPTED at a public hearing of the City Council of the City of Belvedere on September 12, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:___________________________
Sally Wilkinson, Mayor
ATTEST:_______________________________
Beth Haener, City Clerk
Attachment 2

Attachment 3

206 Bayview Avenue Belvedere, California 94920 TEL 646-872-8708

CITY OF BELVEDERE

BELVEDERE HISTORIC DESIGNATION SURVEY FORM
The following criteria shall be used when
considering structures or sites for historic
designation:

1. Architecture It is an outstanding example of a
particular style, construction method or material.

2. Architecture It is outstanding because of age.

3. Architecture It is outstanding because it is the work of a significant architect or builder.

4. Architecture It is outstanding because it is the first, last, only or most significant architectural property
of its type in the city.

5. Design It has a unique or original design or
demonstrates outstanding craftsmanship.

6. History It is associated with a person, group or
event significant to the city, state or nation, or
shows broad cultural, political, social or economic
patterns, or embodies and expresses the history of
the city

7. Environment It contributes to the character of the
street or neighborhood area or has significance as a
visual landmark owing to its unique location.

8. Integrity It retains most of its original materials and design features.

9. National Register of Historic Places It is a site or structure listed on the National Register of Historic
Places.

Street Address: 206 Bayview Avenue Belvedere, CA 94920
Assessor’s Parcel Number: 060-173-40 Block 7 Lot 25
Common Name of Property: 206 Bayview Avenue
Historic Name of Property: 206 Bayview Avenue
Owner: Gian Solomon & Ariane Mahler_____________
Owner’s Address: 206 Bayview Avenue, Belvedere California 94920 206 Bayview Avenue Belvedere, California 94920 TEL 646-872-8708 Description:

This single-family home built in 1892 is located at 206 Bayview Ave, Belvedere, CA. 206 Bayview Avenue in ZIP code 94920. The home has 4 bedrooms, 3 bathrooms and approximately 3,093 sq. ft. of floor space. This property has a lot size of 6,656 sq. ft. The home is built into a steep terraced hillside which takes advantage of it by large outdoor terraces and porches that make for outstanding out-of-doors and indoor living experiences.

This Victorian house, built by D. A. McLean, was one of the first homes on Belvedere Island.

The house has been restored with care and consideration over the years, maintaining its romantic character, with hardwood floors, crown molding, and period detailing throughout.

The property includes a hillside elevator connecting Bayview Avenue to the house entry level.

The property is also connected to Beach Road via the adjacent Pagoda Lane stairs. 206 Bayview Avenue is perched directly above The San Francisco Yacht Club harbor. The home enjoys views of the Belvedere Cove, Corinthian Island, the Tiburon hills, Angel Island, the San Francisco Bay and the city skyline including the San Francisco Oakland Bay Bridge. 206 Bayview Avenue Belvedere, California 94920 TEL 646-872-8708 Property Chronology:

Assessor records indicate a residence had been built on the property in 1892. 206 Bayview Avenue Belvedere, California 94920
Block 7, Lot 25 Parcel number: 060-173-40 ZONE: RIL
Date: Owner: Notes
1892 Captain R.B. Philipps Original House Built
1908 Captain R. B. Philipps House Improvements

1972-1993 Sandra H. York
1997 Alfred Vincelette & Sandra H. York

1998 Sandra H. York
2000 Sandra York Fisher
2001 William W. Wheeler IV &
Ingrid Wheeler Trust
2018 Gian Solomon & Ariane Mahler
206 Bayview Avenue Belvedere, California 94920 TEL 646-872-8708

SIGNIFICANCE AND EVALUATION
The Marin County Parcel 060-173-40 property at 206 Bayview Avenue is evaluated on the following criteria for Historic Designation:

1. Architecture: It is an outstanding example of a particular style, construction method or material.

The house is a modest example of American Queen Anne Style built on Belvedere Island in the 1890’s. “Contrary to what might be expected, there were few houses built in the late Victorian (Queen Anne ) style. The few Queen Anne’s built here (in Belvedere) were stripped-down versions, having only the most characteristic elements, round towers with witch’s cap roofs rather than the exuberant excesses of San Francisco’s Victorians”. This Queen Anne style of the house can be identified by its polygonal turret with a conical tower roof visible from both land and water.

2. Architecture: It is outstanding because of age.
206 Bayview Avenue is outstanding because of age, being one of Belvedere’s first homes constructed 11.15.1891- 1892 soon after the Belvedere Land Company subdivided Belvedere Island.

3. Architecture: It is outstanding because it is the work of a significant architect or builder.

The Builder of the house on 206 Bayview Avenue was D.A. McLean of Mclean Brothers. Daniel McLean and his brother Neil built many of the earliest houses on Belvedere Island. They also served in numerous official capacities for the town. Both Daniel and his brother Neil are included in the list of Town Trustees and Presidents 1890 – 1928. Daniel McLean is also listed as one of the Volunteer Fire Department Chiefs 1918 – 1980.

4. Architecture: It is outstanding because it is the first, last, only or most significant architectural property of its type in the city.

Built in 1892, soon after the Belvedere Land Company subdivided the Island, it is one of the first residences and one of the first houses built in the American Queen Ann style.

5. Design: It has a unique or original design or demonstrates outstanding craftsmanship

The American Queen Ann style of the original mass of the building of the house has been altered by the addition of 2 modern greenhouse glass bay windows that doubles as a source of additional daylighting. We don’t know when this was added but, the addition of sun rooms was popular in the 1970’s in modern residential design.

These architecture additions of the house are pleasing and do no harm; however, the original Queen Ann style has been compromised to some extent. However, there are a few original decorative architecture features such as the front door with wooden applique above the door and other locations as well as an original stained-glass window. 206 Bayview Avenue Belvedere, California 94920 TEL 646-872-8708

In 1896, Mr. Phillips signs a petition seeking the Incorporation of Belvedere.

Notice.

Another citation in the Sausalito News states that The Phillips house is for rent.

3.11.1899. However, Mr. Phillips was recorded in the 1905 Marin County Directory as living in Belvedere, but provides no further information.

7. Environment: It contributes to the character of the street or neighborhood area or has significance as a visual landmark owing to its unique location. 206 Bayview is located in Belvedere’s Historic Resource Sensitivity Map as a parcel of High Historic Sensitivity. Perched over Beach Road, near the middle of the Island, 206 Bayview is visible from Belvedere Cove as well as from Corinthian Island and the Bay.

Although not highly visible from Bayview Avenue, the waterside visibility of the house, perched directly above The San Francisco Yacht Club Marina, it is a contributing piece of architecture in this historic neighborhood. The house with its typical Queen Ann polygonal turret with a conical roof contributes to the unity and diversity of the Island. 206 Bayview Avenue Belvedere, California 94920 TEL 646-872-8708

8. Integrity: It retains most of its original materials and design features.

As we noted in Item 5 Design: The American Queen Ann style of the original mass of the building of the house has been altered by the addition of 2 modern greenhouse glass bay windows (sun rooms). We don’t know when this was added but, the addition of sun rooms was popular in the 1970’s in modern residential design.

As we also noted the architecture additions of the house are pleasing and do no harm but from a long distance are noticeable. Several of the terraces and handrails have been added and it appears all of the windows have been replaced. The original Queen Ann style has been compromised to some extent.

9. National Register of Historic Places: It is a site or structure listed on the National Register of Historic Places.

260 Bay View Avenue, Belvedere is not on the National Register of Historic Places in Marin County.
206 Bayview Avenue Belvedere, California 94920 TEL 646-872-8708 206 Bayview Avenue Belvedere, California 94920 TEL 646-872-8708 206 Bayview Avenue Belvedere, California 94920 TEL 646-872-8708 206 Bayview Avenue Belvedere, California 94920 TEL 646-872-8708 206 Bayview Avenue Belvedere, California 94920 TEL 646-872-8708 206 Bayview Avenue Belvedere, California 94920 TEL 646-872-8708 a
206 Bayview Avenue Belvedere, California 94920 TEL 646-872-8708 206 Bayview Avenue Belvedere, California 94920 TEL 646-872-8708 206 Bayview Avenue Belvedere, California 94920 TEL 646-872-8708 Historical Information:

Construction year: 1892 Significant Builder: Danial M. McLean 260 Bayview Avenue shows up in some of Belvedere’s earliest photos, the house sits jutting out on the hill, one third of the way up on the island surrounded only by trees and a few other homes. It was built for Captain R. B. Philipps by Daniel McLean, (D.H McLean) who built many early homes on Belvedere Island. The Queen Anne style of the house can be identified by the polygonal turret with a conical tower roof. 206 Bayview Avenue Belvedere, California 94920 TEL 646-872-8708 Recommendation:

The House at 206 Bayview Avenue now the home of Gian Solomon & Ariane Mahler meets the criteria for categories 2, 3, and 7 as per this survey. However, The Historic Preservation Committee will consider and discuss each of the nine categories for historic designation.

Date of Survey: June 21, 2022
Prepared by: George Gnoss, John P. Sheehy, FAIA, RIBA & Marshall J. Butler Organization: Historic Preservation Committee, City of Belvedere 206 Bayview Avenue Belvedere, California 94920 TEL 646-872-8708 REFERENCES:

A Pictorial History of Belvedere 1890-1990. The Landmarks Society. Edited by Beverly W. Bastion & Barbara B. Gnoss. The Landmarks Society, Belvedere -Tiburon Marin County, California.

A. Carlisle & Co. San Francisco: A. Carlisle & Co., 1953.

Hool & Lockett “Topography of Lot 7- Block 3, Map # 4 of Belvedere,” May 1958 blueprint in owner’s possession
Both Sides of the Track A Collection of Oral Histories from Belvedere and Tiburon. The Landmarks Society. Edited by James Heig and Shirley Mitchell. Scottwall Associates.

San Francisco, 1985
American Homes An Illustrated Encyclopedia of Domestic Architecture. Lester Walker.

Black Dog & Leventhal Publishers, New York, 2009. Cape Cod p. 88.

The Atlas of American Architecture. Tom Martinson. Rizzoli International, New York 2009. p 109.

Dave Gotz, Archivist of the Belvedere Landmarks History Collection.

Marin County Recorder Office.

Belvedere City CouncilSeptember 12, 2022

Belvedere City Council
September 12, 2022