HomeMy WebLinkAboutTC Ord 1981-01-21
ORDINANCE NO. 239 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON APPROVING A MASTER PLAN FOR
80 MAIN STREET
BE IT ORDAINED by the Town Council of the Town of Tiburon
as follows:
Section 1. Findings.
A. A Master Plan has been submitted by Michael Bernstein
on behalf of the owner, Fred Zelinsky, to establish a salad bar
in Living Foods Health Food Store and one table for outdoor
eating during the summer months at 80 Main Street.
B. The Master Plan is described as follows:
1. Plan entitled "80 Main Street" showing floor plan
and southern elevation.
2. Page 2 of the application form.
C. The Planning Commission has held a public hearing on
the application.
D. The Planning Commission has made the findings required
by Section 10-10 of the Tiburon Zoning Ordinance and recommended
that the Town Council approve the Master Plan provided certain
conditions are imposed.
E. The Town Council has determined the use will not be
detrimental to the downtown area.
Section 2. Approval.
The Master Plan described above is approved subject to
the conditions set forth herein.
Section 3. Conditions.
1) One table shall be permitted in front of the store. In
The event it is determined by the Town that the table is inter-
ferring with pedestrian traffic, causing unacceptable noise
or as otherwise objectionable to the Town for any reasons, the
table may be removed, or additional conditions may be imposed.
2) The use of the table and food service shall be limited
between the hours of 10:00 AM and 7:00 PM and the table and
chairs shall be removed from the patio no later than 7:00 PM.
3) The items served shall be limited to juices, salads
and sandwiches.
4) No entertainment or amplified sound shall be permitted.
5) 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.
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Section 4.
Separability.
If any section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held to be invalid or un-
constitutional by a decision of a court of competent jurisdiction,
such decision shall not affect the validity of the remaining
portions of this Ordinance. The Town Council of the Town of Tiburon
hereby declares that it would have passed this Ordinance, any
section, subsection, sentence, clause of phrase thereof,
irrespective of the fact that anyone or more other sections,
subsections, sentences, clauses or phrases may be declared
invalid or unconsti tutional.
Section 5. Effective Date.
This Ordinance shall take effect and be in force thirty (30)
days after the date of passage and before the expiration of
fifteen (15) days after it is passed, the same shall be published
with the names of the members voting for and against the same,
at least once in a newspaper of general circulation, published
ln the Town of Tiburon.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Tiburon on January 21, 1981, by the following vote:
AYES: COUNCILMEN: Edelstein, Bergsund, Hanson, Rockey, Bass
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
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ATTEST:
R.
Drafted:
Revised:
11/16/80
1/21/81