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HomeMy WebLinkAboutTC Res 1998-11-04 ,/ , r"' RESOLUTION NO. 3312 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TmURON REGARDING THE DENIAL OF AN APPEAL BY FRANK DeSIMONE OF A CONDITIONAL USE PERMIT ISSUED TO CONVERT A RETAIL STORE INTO A YOGURT AND JUICE STORE AT 13 MAIN STREET WHEREAS, the Waypoint Holding Company and Alice J. Woodson (collectively, "Applicant") have filed an application with the Town of Tiburon for a conditional use permit allowing the conversion of a retail store located at 13 Main Street into a yogurt and juice shop, which application was complete on September 11, 1998; and WHEREAS, the Planning Commission reviewed the project at its meeting on September 23, 1998, received public testimony and considered the project's potential effects on parking, traffic and safety; and r-- WHEREAS, after considering all public testimony and other evidence in the record, the Planning Commission approved the application with conditions of approval designed to ameliorate the potential problems associated with the use, including a reduction of seating from 23 to 12, prohibiting the sale of prepared meals or cooked foods, requiring a review of the use after three years and prohibiting group events at the store unless parking issues were addressed in a subsequent amendment to the conditional use permit; and WHEREAS, Frank DeSimone ("Appellant") filed a timely appeal of the Commission's decision to the Town Council, which contended, among other things, that the Commission had give insufficient consideration to a petition filed by the Appellant; that the Commission had failed to resolve issues regarding litter, pedestrian safety, traffic congestion and the fast food nature of the proposed use; that the proposed use is inconsistent with the requirements of the Town Zoning Ordinance regarding intensification of use, parking and community need; and that issues relating to group activities, types offood served and sold and seating were left unanswered and subject to unenforceable conditions of approval; and WHEREAS, the appeal was heard by the Council at a duly noticed public hearing on October 21, 1998, at which hearing the Council heard public testimony and considered the evidence in the record regarding the potential effects of the proposed use and the consistency of the application with the Town's General Plan, Zoning Ordinance and other regulations; and - WHEREAS, after considering all public testimony and other evidence offered at the hearing and in the public record, the Council found that the project is consistent with the General Plan, Zoning Ordinance and other applicable regulations; that given the limitations on seating and type offoods to be served, the project would not have undesirable parking, traffic, safety or other effects as alleged in the appeal; that the use would not attract additional Town Council Resolution No. 33 J 2 - Denial of Appeal Re: Use Permit for J 3 Main Street './ r' traffic to the downtown; that the proposed use would be compatible with the surrounding uses in the area; that the project would not result in a substantial intensification of use relative to the previous retail sales uses of the site as restricted by the conditions of approval; that the conditions of approval are enforceable; that the Town is not adequately served by similar uses presently existing or recently approved by the Town; and that there is a need for the proposed use; and WHEREAS, the Council further found that the applicant could have group events without undesirable parking, traffic and safety effects, if those events were held at off-peak times; and WHEREAS, based on the above findings, the Council determined to deny the appeal and uphold the decision of the Planning Commission with the exception that the prohibition on group events should be revised to allow such events at off-peak times. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Tiburon to deny the appeal of Frank DeSimone; uphold the decision and findings of the Planning Commission, except as modified by this resolution; and approve the subject application subject to the folIowing conditions: 1. The use shall comply with the plans submitted and on file with the Planning Department dated September 2, 1998, as modified to reduce seating to 12 seats. Group activities and events shall be allowed at the store only on Monday through Fridays, excluding holidays, during the school year (i.e., from Labor Day to Memorial Day). ."" 2. Food items for sale shal1 be restricted to prohibit the sale of prepared meals or cooked foods. 3. The applicant shall obtain all necessary permits from the Town Building Division for the renovation of the retail store into a yogurt and juice store. 4. An approved litter receptacle, matching the other receptacles maintained by the Town ofTiburon, shal1 be kept and maintained outside the side of the subject building. The applicant shall be responsible for maintaining the receptacle and paying for its trash pickup by MiII Valley Refuse. 5. No outside display of merchandise or outdoor seating is permitted. 6. The applicant shall meet all requirements of the Marin County Health Department, Tiburon Fire Protection District, and all other applicable agencies. - Town Council Resolution No. 3312 - Denial of Appeal Re: Use'l>ermitfor 13 Main Street 2 ~ 7. This Conditional Use Permit shall be reviewed by the Planning Commission within three (3) years of the date of approval. Said review shall concentrate on pedestrian and parking impacts on the Downtown area. 8. The Town reserves the right to amend or revoke this Conditional Use Permit for just cause, in accordance with adopted regulations of the Town. 9. This Conditional Use Pennit approval shall become null and void if the approved use has not commenced within one (1) year of final approval. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon on November 4, 1998, by the following vote: AYES: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews None Thompson NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ~ ~~ 7tI~~~ HARRY . MATTHEWS Town ofTiburon Ar;:/ffh 0_ DIANE L. CRANE, TOWN CLERK r"' Town Council Resolution No. 3312 - Denial of Appeal Re: UsePennit for 13 Main Street 3