HomeMy WebLinkAboutTC Ord 1981-08-19 (2)
ORDINANCE NO. ~a N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING THE MODIFICATION OF THE APPROVED MASTER PLAN
FOR 82 MAIN STREET
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section 1. Findings.
A. The Town Council of the Town of Tiburon has received and considered
the requested modification of the Master Plan and Precise Plan submitted by
Jose Romero on behalf of the owner, Fred Zelinsky, to change the hours of
operation of the outdoor eating area on the front patio of Romero's Chocolate
Shop at 82 Main Street.
B. The Town Council has found that the use is in conformance with the
general intent of the Downtown Plan and with the General Plan of the Town of
Tiburon and the approved Master and Precise Plan for Ark Row.
C. The Town Council has made affirmative findings consistent with the
standards required in Section 10-10 of the Tiburon Zoning Ordinance, dealing
with the PD (Planned Development District).
D. The use will not be detrimental to the downtown area.
NOW, THEREFORE, the Town Council approves the modification to the Master Plan
subject to the following conditions:
1. A maximum of six, 24" in diameter tables shall be permitted in front of
the chocolate shop. In the event it is determined, after consultation with the
Police Chief and Superintendent of Public Works that the tables are interferring
with pedestrian traffic, the maximum number of tables may be reduced.
2. The hours of use of outdoor tables for food service shall be
temporarily extended to 9:00 a.m. through 9:00 p.m. for a period of six
months from and after the date of adoption of'this Ordinance; at the end of
such six month period, the Town Council shall review this condition and take
such further action regarding hours of use of outdoor tables for food service
as may be appropriate and necessary in their judgment, and shall determine
whether to allow such use as specified herein to continue.
3. The hours of operation of the store, including indoor tables and food
service, shall be limited to between the hours of9:00 a.m. to 11:00 p.m.
4. The items served shall be limited to non-alcoholic beverages, candies,
pastries, ice cream, crepes and small sandwiches.
5. No entertainment or amplification shall be provided that will produce
noise beyond the boundaries of the property.
6. In the event it is determined that a litter problem is being created
by the activity, the Council may direct reconsideration of the use and attach
additional conditions or the use may be revoked.
-2-
7. The use shall be subject to a review by the Town as directed by the
Town Council to determine if the conditions of approval have been met. Staff
will report the findings to the Planning Commission.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on Auqust 19 1981, by the following vote:
AYES:
NOES:
ABSENT:
cOUNCILMEMBERS: Edelstein, Bergsund, Rockey, Bass
Mayor Hanson
cOUNCILMEMBERS: None
COUNCILMEMBERS: None
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KIRK HANSON, Mayor
Town of Tiburon
ATTE~__ _____
R. L. KLEINERT, Town Man~ger/C1erk
Town of Ti b'Jron
Date drafted: July 28, 1981
Date revised: August 14, 1981