HomeMy WebLinkAboutTC Ord 1980-09-03
ORDINANCE NO. 230 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON APPROVING THE MASTER PLAN FOR
16 MAIN STREET
BE IT ORDAINED by the Town Council of the Town of
Tiburon ~s follows:
Section 1. Findings.
A. A Master Plan has been submitted by Charleen Jackson on
behalf of the owner, Romana Dela Santina, to establish an outdoor
eating area at the rear of Faire La Main Restaurant at 16 Main
Street.
B. The Master Plan is described as follows:
1. Plans identified as "Site and Floor Plans", page 1,
and "Elevations" page 2, by Joseph Jaeger, dated
June 26, 1980.
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 Counwil approve the Master Plan provided
certain conditions are imposed.
E. The Town Council has duly held a public hearing as required by
law and has made the findings required by Section 10-10 of
the Tiburon Zoning Ordinance.
F. The Town Council has determined that the use will not be
detrimental to the downtown area and determined that an
exception to the parking standards be permitted because the
increased parking demand is insignificant.
Section 2. Approval.
The Master Plan described above is approved, subject to the
conditions set forth herein.
Section 3. Conditions.
1. Any changes in the design of the outdoor eating area shall
be referred back to the Board of Adjustments and Review.
2. The paved frontage on Juanita Lane shall be done in brick.
3. An irrigation system shall be installed for the landscaping.
4. No entertainment or amplification shall be provided that will
produce noise beyond the boundaries of the property.
5. The interior and exterior eating areas are not to be used
simultaneously.
6. The Director of Community Development shall cause the Master
Plan to be reviewed as directed by the Town Council for
purposes of substantiating compliance with the parking
requirements required hereunder.
Section 4. Separability.
If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional
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 or phrase thereof, irrespective of
the fact that anyone or more other sections, sub-sections,
sentences, clauses or phrases may be declared invalid or
unconstitutional.
Section 5. Effective Date.
This ordinance shall take effect and be in force thirty (30)
days afterthe date of passage and before the expiration of fifteen
(15) days after it is passed, the same shall be publishp-d with
the names of the members voting for and against the same, at
least once in a newspaper of general circulation, published in
the Town of Tiburon.
PASSED AND ADOPTED, at a regular meeting of the Town Council
of the Town of Tiburon on September 3, 1980, by the following
vote:
AYES: COUNCILMEMBERS: Edelstein, Bergsund, Hanson, Bass
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Rockey
ATTEST:
R.
Date drafted:
Date Revised:
August 7, 1980
August 28, 1980