Tiburon planning commissioners hear update on amplified-music dispute at Art and Garden Center

The Town of Tiburon Planning Commission on June 11 heard an interim update and public comment on the use of amplified music during special events at the Art and Garden Center, 841 Tiburon Boulevard. The session was discussion-only; the commission took no formal action and staff said the item is scheduled for a public hearing in November.

The matter matters to nearby residents and to the Belvedere Tiburon Landmarks Society, which operates the Art and Garden Center, because amplified music at on-site weddings and receptions has drawn repeated neighbor complaints about noise, parking and rodents. ‘‘We are simply requesting the town amend the conditional use permit to limit the number of amplified events and space them so we have some free weekends to enjoy our backyards,’’ said Cam Shadhan, an eastern neighbor who addressed the commission on behalf of a neighborhood collective.

Why this matters: the council previously heard an appeal of the permit amendment and directed independent sound monitoring. Commissioners said they want independent, repeatable measurements and more context from staff and the parties before deciding whether to recommend permit changes in November.

What the Landmarks Society told the commission

Mark Freyberg, representing the Belvedere Tiburon Landmarks Society, described noise monitoring that Landmarks has been doing at weddings this spring and said the group and the neighborhood collective have resumed meetings. Freyberg said Landmarks initially recorded data at four events out of roughly 20 bookings (three had canceled) and that he used an A-weighted handheld sound meter at fence-line locations during traffic breaks to try to isolate wedding sound from Tiburon Boulevard traffic.

Freyberg described typical measured ranges at fence lines during traffic gaps (examples drawn from his monitoring): lows in the high 40s–50s A-weighted decibels (dBA) during background music and peaks into the 60s during dancing and occasional peaks near 80 dBA for brief moments (he called out an ‘‘80’’ peak at a kiss). He said crowd noise and cheering contributed to the highest readings and that on-site monitoring allowed staff or volunteers to ask DJs to turn down the sound in real time.

Freyberg said Landmarks and staff understand the council’s direction that future monitoring must be done or overseen by an independent consultant and that Landmarks expects to reimburse the town for consultant work. He told commissioners Landmarks is discussing operational limits (number of events, duration, speaker configurations and parking) with neighbors and is concerned about the venue’s financial sustainability if revenue-producing events are reduced.

What neighbors told the commission

Neighbors called for clearer limits while the independent monitoring and negotiations proceed. Cam Shadhan, speaking for a seven-house neighborhood collective, urged spacing amplified events on alternate weekends and proposed a cap of 14 amplified events from April through October, with limits on guest counts and duration; Landmarks countered with a higher number (16 events) and said it needs enough dates to remain financially viable.

Neighbors reported rodent problems they associate with food-service waste at the site and asked that pest control be added as a mitigation condition. They also requested advance notice of event dates and copies of the event contract language provided to couples and DJs.

Commissioners’ questions and next steps requested

Commissioners asked for more and clearer data from an independent sound study, with these specific items raised repeatedly: - Use A-weighted decibel measurements (dBA) for regulatory comparison and explicitly document whether any measurements use C-weighting (the Landmarks representative said Town standards and the general plan reference A-weighting). Mark Freyberg confirmed Landmarks used A-weighting for its on-site monitoring and that some neighbor handheld photos appeared to show C-weighting. - Provide baseline and event measurements from the same day of the week and time period (for example, Saturday afternoon or evening) so measurements include comparable traffic conditions. - Record both ‘‘gap’’ measurements (during traffic breaks) and measurements during traffic presence to show a realistic range, and document worst-case combinations of traffic + amplified music + crowd noise. - Allow both the Landmarks representative and at least one neighbor observer to witness the independent consultant’s monitoring, and include sampling locations that cover fence lines and elevated neighbor yards up the hill (neighbors said some houses on Gilmartin Drive report different propagation patterns). - Provide the event schedule in advance to commissioners and allow site visits on event days.

Commissioners also asked staff to return in November with the independent study, a clear list of unresolved issues, the parties’ progress on negotiated mitigations (parking, guest limits, speaker configurations, pest control) and recommended permit language or mitigation measures.

Actions and formal status

No formal planning commission action was taken on June 11. Staff reiterated that the item is discussion-only at this meeting and that the commission may direct staff to seek materials or analysis to prepare for the November public hearing. Staff also told commissioners that the permit amendment had been appealed to the Town Council; the council heard the appeal and referred independent sound monitoring (the council continued final action to a later meeting). The Landmarks representative said the council had advised that monitoring be conducted by a consultant, and that arrangement will be coordinated through the town.

Quotes (selected)

"We are simply requesting the town amend the conditional use permit to limit the number of amplified events and space them so we have some free weekends to enjoy our backyards," Cam Shadhan, eastern neighbor, said.

"On-site noise monitoring is required to verify compliance, and we've been doing that internally... I do the monitoring for those events," Mark Freyberg, Belvedere Tiburon Landmarks Society, said.

"The council said the monitoring needs to be done by an independent party consultant," Freyberg told the commission.

"Rodent control should be a condition of the CUP because ... food service and pest control go together," Cam Shadhan said for the neighbors' collective.

What’s next

Staff and the parties will work with an independent sound consultant cited by the Town Council, with the town coordinating consultant scope and payment. Commissioners asked for results, sampling plans, the event calendar and any revised Landmarks–neighbor agreements to be submitted in advance of the scheduled November public hearing so commissioners can review the data and proposed permit language before making any recommendation.

Ending

The commission closed the discussion portion with no vote. Commissioners encouraged continued meetings between Landmarks and the neighborhood collective, site visits by commissioners on event days, and a consultant-led noise study with joint observation by both parties before the item returns to the commission in November.