Belvedere Council Reduces Penalty for 30 Cliff Road Construction-Time-Limit Appeal by $54,000

Belvedere City Council on Jan. 16 denied an appeal asking the city to cancel a $187,200 construction-time-limit (CTL) penalty imposed on the project at 30 Cliff Road, but the council voted unanimously to reduce the fine by $54,000, equivalent to 45 days, leaving a $133,200 penalty.

The reduction follows staff's recommendation to grant partial relief after reviewing the project's timeline and the reasons the property owners advanced in their appeal. The project's building permit sequence and final inspection deadlines exceeded the CTL deadline by 201 days, staff said.

Staff contended some delay claims did not meet the municipal code standard for relief but recommended specific credits for utility-connection hold-ups, a period during which the property was used for voluntary fire department training, and time attributable to hazardous-material deconstruction. Building Director Brian Van Son told the council, "Staff recommends that council reduce the penalty by $54,000, totaling 45 days," explaining that some requested time met the code's "beyond the control" standard while other items did not.

Appellant Ben Jacoby, who represented the property owners on Zoom, told council members the team remained in frequent contact with city staff and described multiple factors that he said were outside the project's control. "We were in constant contact with city staff," Jacoby said. He pointed to a nine-month delay in the PG&E service process, an extended hazardous-material abatement after asbestos was found in sheetrock, and soil conditions encountered after work began.

Council members pressed both staff and the appellant on specifics. Council member Kevin Burke asked whether the days requested reflected periods when no work at all occurred; Jacoby responded that some delays held up specific sequences of work even though other trades could continue. Staff explained they treated sequence delays as partial impacts when the stalled work created a barrier to final inspection and project finalization.

Staff and the council also discussed a voluntary period when the Tiburon Fire Protection District used the site for training. Building staff said the 14-day credit for that training was not explicitly listed in the municipal code but was judged to be a community benefit and permissible as a partial relief in this instance.

The dispute over hazardous-material abatement involved a J-number permit from the Bay Area air-quality agency. Staff said the demolition and subsequent testing uncovered asbestos in sheetrock that required additional, regulated handling and disposal; that work delayed certain inspections and finalization.

Letters filed with the city in support of the appellant's request came from neighbors and community members including Lee Tan, Steve Silberstein, Clark Winslow, Jana Brown and Bill Rothman, who urged the council to grant relief.

After extended deliberation, Council member Peter Mark moved to deny the appeal but apply the staff-recommended reduction of 45 days ($54,000). The motion was seconded and passed on a 5-0 vote; Mayor Mary Cooper and all sitting council members voted in favor.

The adjusted penalty and the council's written findings will be memorialized in the minutes and in the formal notice to the property owners. The council did not grant the full relief sought by the appellant; it limited relief to the days staff deemed beyond the applicant's control.

What this means going forward: the penalty stands at $133,200. The council's action emphasizes that CTL appeals will be judged against the municipal code's "beyond the control" standard and that staff recommendations on narrowly defined delays can carry the day.

The council made clear the ruling was grounded in the facts and the municipal code and encouraged future applicants to maintain close contact with staff and document delays in real time to support any future appeals.