HomeMy WebLinkAboutTC Ord 2018-11-07 ORDINANCE NO. 581 N. S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING TITLE I, CHAPTER 2, SECTIONS 2-16 AND 2-19 OF THE TIBURON
MUNICIPAL CODE AMENDING REFERENCES TO THE ZONING ORDINANCE
REGARDING THE DUTIES OF THE PLANNING COMMISSION
AND THE DESIGN REVIEW BOARD
BE IT ORDAINED BY THE TIBURON TOWN COUNCIL AS FOLLOWS:
SECTION 1. FINDINGS.
A. The Town Council seeks to update obsolete references to the Town's zoning regulations
in its Municipal Code chapter regarding administration with respect to the Planning
Commission and Design Review Board.
B. The Town Council held a duly noticed public hearing on October 7, 2018 and has heard
and considered all public testimony on the proposed Ordinance.
C. The Town Council finds that all notices and procedures required by law attendant to the
adoption of this Ordinance have been followed.
D. The Town Council finds that adoption of this amendment is consistent with the goals and
policies of the Tiburon General Plan.
E. The Town Council finds that adoption of this ordinance is statutorily exempt from the
requirements of the California Environmental Quality Act(CEQA) pursuant to Section
15378 in that the amendment does not constitute a project under CEQA, and if it were
found to constitute a project, it would be exempt per Section 15061(b)(3) of the CEQA
Guidelines as it can be seen with certainty that the proposed amendment will have no
significant adverse effect on the environment.
SECTION 2. AMENDMENT OF MUNICIPAL CODE.
(A)The text of Title I, Chapter 2, Section 2-16 of the Tiburon Municipal Code is hereby
amended to read as follows:
(a) There shall be established a planning agency and a planning commission for the town.
(b) The planning agency of the town shall be the planning commission, the director of
community development, and the community development department, or their
equivalent, of the town.
(c) Duties of the planning commission shall be as set forth in Title IV, Chapter 16
(Zoning) of this code, and as may be specified elsewhere in this code.
Town of Tiburon Ordinance No. 581 N.S. Effective 12/07/2018 Page I I
(B)The text of Title I, Chapter 2, Section 2-19 of the Tiburon Municipal Code is hereby
amended to read as follows:
There is established a design review board of the town. Duties of the design review
board shall be as set forth in Title IV, Chapter 16 (Zoning) of this code, and as may be
specified elsewhere in this code.
SECTION 3. SEVERABILITY.
If any section, subsection, clause, sentence, 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 the 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 any one or
more sections, subsections, sentences, clauses, or phrases may be declared invalid or
unconstitutional.
SECTION 4. 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 passage by the Town Council, a copy of the
ordinance shall be published with the names of the members voting for and against it at least
once in a newspaper of general circulation published in the Town of Tiburon.
This ordinance was read and introduced at a regular meeting of the Town Council of the
Town of Tiburon, held on October 17, 2018, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon, held on November 7, 2018, by the following vote:
AYES: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier, Welner
NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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JIM ;MAYOR
TO O TIBURON
ATTEST:
kt%( 7
DATE: .
LEA STE ANI, TOWN CLERK
Town of Tiburon Ordinance No. 581 N.S. Effective 12/07/2018 page 12