HomeMy WebLinkAboutTC Ord 2014-05-07ORDINANCE NO. 549 N. S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) BYAMENDING
THE TIBURON ZONING MAP AND MAKING TEXT AMENDMENTS
SECTION 1. FINDINGS.
A. On March 26, 2014, the Planning Commission adopted Resolution No. 2014 -03
recommending to the Town Council that amendments be made to the Tiburon Zoning
Map and text amendments be made to Title IV, Chapter 16 (Zoning) of the Tiburon
Municipal Code.
B. The Town Council held a duly noticed public hearing on April 16, 2014 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 the amendment actions made by this Ordinance are
necessary for the protection of the public health, safety, and welfare.
E. The Town Council has found that the amendments made by this Ordinance are consistent
with the goals and polices of the Tiburon General Plan and other adopted ordinances and
regulations of the Town of Tiburon, and further the intent and purposes of General Plan
goals and policies.
F. The Town Council finds that an initial study of environmental impact was prepared and a
draft mitigated negative declaration released for public comment on March 5, 2014 for
this project. The Town Council has previously adopted a Negative Declaration for this
project on April 16, 2014.
SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE.
A. The Tiburon Zoning Map shall be amended to change the zoning designation of the
property at 1599 Tiburon Boulevard from NC /AHO (Neighborhood Commercial/ Affordable
Housing Overlay) to NC (Neighborhood Commercial) and to change the zoning designation of
the properties at 1600 Tiburon Boulevard and 2 Beach Road from NC (Neighborhood
Commercial) to NC /AHO (Neighborhood Commercial /Affordable Housing Overlay).
Tiburon Town Council Ordinance No. 549 N. S. Effective 0610612014
Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code shall be amended as
follows:
B. Section 16- 23.030 (D[a]) shall be amended to read as follows:
D. Qualification. In order to qualify for the benefits of these overlay zones, a
residential development project shall comply with all of the following:
a. Include a minimum of five percent very low- income, ten percent
low- income, and ten percent moderate- income housing units, as
defined in Section 16- 70.030 (General Inclusionary Requirements).
Moderate- income rental units shall be counted only if they are
below ninety percent of the median income. On smaller sites that
would yield ten or fewer total units at the minimum allowable
density, the affordable component shall be reduced from twenty -
five to twenty percent of total units. At least fifty percent of the
required affordable units shall be low income or very low income.
SECTION 3. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, is for any reason held to be invalid
or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability
of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of
this Ordinance, or its application to any other person or circumstance. The Town Council of the
Town of Tiburon hereby declares that it would have adopted each section, subsection,
subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or
more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof
be declared invalid or unenforceable.
SECTION 4. PUBLICATION AND EFFECTIVE DATE.
This ordinance shall be in full force and effect thirty (30) days after the date of adoption.
Pursuant to the provisions of the California Government Code, a summary of this ordinance shall
be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at
which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a
newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town
Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this
ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in
the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the
ordinance along with the names of those Council members voting for and against the ordinance.
This ordinance was read and introduced at a regular meeting of the Town Council of the
Town of Tiburon, held on the 16`h day of April, 2014, and was adopted at a regular meeting of
the Town Council of the Town of Tiburon, held on the 7`h day of May, 2014, by the following
vote:
Tiburon Tomn Council Ordinance No. 549 N. S. Effective 0610612014 2
AYES: COUNCILMEMBERS
NAYS: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:
ATTEST:
L
DIANE CRANE IA OPI, TOWN CLERK
Doyle, Fraser, Fredericks, O'Donnell
None
Tollini
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
Tiburon Toiva Council Ordinrnice No. 549 N S. Effective 0610612014