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Town Council Resolution No. 26-2021 06/16/2021
RESOLUTION NO. 26-2021
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON GRANTING ENCROACHMENT PERMIT 19-081 TO APPLICANT WHEREAS, the Town’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, on July 17, 2019, the Town Council held a duly noticed public hearing to consider Encroachment Permit 19-081, requesting an encroachment on the public street outside 5
Main Street for providing Valet services to the applicant’s business,
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and are incorporated herein and form a part of this resolution.
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon grants
Applicants Encroachment Permit 19-081 subject to the conditions provided in the memorandum of encroachment. BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon finds that
the issuance of the encroachment permit does not violate Town policy and that the issuance of
such encroachment permit would serve the public safety or welfare of the Town in the following ways: 1. The valet service will provide a safe location where patrons can drop their vehicle off to
an attendant and will be directly in front of the restaurant;
2. Is not intended for the exclusive use of one business, and is available to be utilized by any other business who are granted a separate encroachment permit for such valet services, thereby serving a greater number of the public; 3. The valet service will utilize existing temporary parking which will enhance the public’s
access to the waterfront and nearby businesses;
4. The valet service is available to other restaurants and businesses who obtain their own separate encroachment permit;
DocuSign Envelope ID: C7210A85-1A6B-4A8F-B2BB-E06D366AB66E
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Town Council Resolution No. 26-2021 06/16/2021
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 June 16, 2021 by the following vote:
AYES: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: One Vacant Seat
HOLLI THIER, MAYOR
TOWN OF TIBURON ATTEST:
LEA STEFANI, TOWN CLERK
DocuSign Envelope ID: C7210A85-1A6B-4A8F-B2BB-E06D366AB66E