HomeMy WebLinkAboutTC Res 2019-09-04 (3) RESOLUTION NO. 35-2019
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TI13URON
GRANTING ENCROACHMENT PERMIT 19-032 TO APPLICANT
WHEREAS, the Tovvn's Municipal Code contains regulations regarding encroachment
permits for work proposed in Town streets. street right of ways and other Town interests in real
property (including easements) Title V_ Chapter 19:
WHEREAS. said Chapter 19 establishes definitions and procedures for the review.
issuance, conditioning and revocation of encroachment permits;
WHEREAS, the Town Council shall review and act upon encroachment permit
applications entailing the construction of buildings.. car decks, carports, garages or other long
term encroachments of a substantial nature and on encroachment permit applications that would
have a substantial adverse effect on vehicular or pedestrian circulation, or on public health and
safety.
WHEREAS, the encroachment permit at issue entails a long term encroachment and may
have a substantial effect on vehicular circulation. and is subject to review by the Town Council;
WHEREAS, the Town. at its discretion. may revolve any encroachment permit at any
time;
WHEREAS, on July 17, 2019. the Town Council held a duly noticed public hearing to
consider Encroachment Permit 19-032. requesting an encroachment on the public street outside
2000 Paradise Drive for providing valet services to the applicant's business,
NOW, THEREFORE, 13E IT RESOLVED chat the foregoing recitals are true and
correct and are incorporated herein and form a part ofthis resolution.
BE IT FURTHER RESOLVED that the Tov,n Council of the Town of Tiburon grants
Applicants Encroachment Permit 19-032 subject to the conditions provided in the memorandum
of encroachment.
BE IT FURTHER RESOLVED that the Tov-vgin Council of the Town of Tiburon finds
that the issuance of the encroachment permit does not v folate Town policy and that the issuance
of such encroachment permit \Nould serve the public safety or welfare of the Town in the
following ways:
1. The valet service x-111 provide a safe location where patrons can drop their vehicle off in a
safe location that vv111 not impede other traffic:
2. That the valet service does not conflict with other nearby uses and businesses:
3. That the business \Nishes to be a good neiohbor and will ensure employees only utilize
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7-Mrn Council Resolzilion No. 35-2019 09 04.2019
the public right of way in conducting the valet service:
4. That sign.a0e will clearly indicate that the parking lot remains open to public parking so
as to not indicate that the parking lot has been privatized;
5. The location of the valet service has been sufficiently curtailed to not unreasonably
impede traffic:
6. The benefits of providing the valet service improves business opportunities in the
waterfront area:
The foregoing Resolution was adopted at the regular meeting of the Tiburon Town
Council held on September 4, 2019 by the following vote:
AYES: COUNCILMEMBERS: Fredericks. Kulik. Wehner
NAYS: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: Thier
ABSENT: COUNCILMEMBERS: Fraser
i
DAVID KULIK. MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEFA I. TOWN CLERK
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