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HomeMy WebLinkAboutTC Res 2002-08-07 (6) ., r--- RESOLUTION NO. 46-2002 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ORDERING AND CALLING A MUNICIPAL ELECTION IN THE TOWN OF TIBURON ON NOVEMBER 5, 2002 FOR THE PURPOSE OF PLACING A MEASURE ON THE BALLOT BE IT RESOLVED by the Town Council of the Town of Tiburon, that it is hereby ordered as follows: Section 1. Date of Election. A general municipal election is hereby called and ordered to be held in the Town of Tiburon, State of California, on Tuesday, November 5, 2002, for the purpose of voting on a Measure set forth in Section 2 hereof. Section 2. Measure to be Voted On. ""' AN INITIATIVE DEFINING "PRIME OPEN SPACE" AS LAND MEETING SPECIFIED CRITERIA AND PROIDBITING DEVELOPMENT OF SUCH LAND UNLESS NECESSARY TO AVOID ENVIRONMENTAL IMPACTS, TO AVOID AN UNCONSTITUTIONAL TAKING, OR TO ALLOW AFFORDABLE HOUSING Summary The Tiburon General Plan Open Space & Conservation Element encourages the protection of prime open space to the maximum extent feasible. The proposed initiative would amend the Town's General Plan to more precisely define "prime open space" and prohibit any development of prime open space land, subject to limited exceptions. The proposed initiative defines as prime open space any portion of any parcel depicted in the current General Plan as "potential open space" (Diagram OSC-3) that meets any of the following criteria: 1. within 150 horizontal feet, or 50 vertical feet, of either side ofTiburon Ridge; or 2. within 100 horizontal feet of either side of any ridge, other than Tiburon Ridge, that is identified on the Town's Significant Ridgelines Map; or r-- Town Council Resolution # 46-2002 August 7. 2002 1 . r-- 3. within 30 vertical feet of any ridge, other than Tiburon Ridge, identified on the Town's Significant Ridgelines Map (limited to ISO horizontal feet orless in either direction); or 4. with slopes exceeding 40%; or 5. within the 100-year flood zone; or 6. containing jurisdictional wetlands or other jurisdictional waters; or 7. within 100 feet from (a) the top of the bank of any permanent water body; (b) the top of the bank of any perennial or intermittent natural watercourse; or (c) the edge of any ephemeral watercourse or drainage way meeting specified criteria; or 8. with significant habitat for special-status species, as defined by the initiative; or 9. with sensitive plant species, as defined by the initiative; or 10. with significant woodland stands, as defmed by the initiative. This initiative would prohibit the Town from approving any development of prime open space lands except after a vote of the people or where the Council determines that an exception is necessary to: 1. Avoid adverse environmental impacts (requires minimum of four-fifths Council vote); Avoid an unconstitutional taking; Comply with state laws governing the provision of affordable housing; or ""' 2. . 3. 4. Provide access to the non-prime open space portions of a parcel. With respect to the second exception, the Council would consider a variety of specified economic factors; could allow only as much development as necessary to avoid an unconstitutional taking; and would try to locate such development on the portion of the property with the lowest open space value. The initiative would not apply to (1) any application limited to a single residence on a legal parcel that was previously both within the Town and recorded as a separate parcel; or (2) any development project or activity that has obtained vested rights as of the effective date of the initiative. Any changes to the requirements and policies of the initiative would require a vote of the people until December 31, 2022. Thereafter, the Town Council would be able to adopt amendments found to be in the public interest. ""' Town Council Resolution # 46-2002 August 7, 2002 2 . r--- Section 3. Call for Areuments and Rebuttals. The Town Clerk of Tiburon will accept arguments for and against the measure and will accept rebuttal arguments. The direct arguments for and against the measure shall not exceed 300 words in length and must be submitted to the Town Clerk by 5 :00 p.m. on August 19,2002. The rebuttal arguments shall not exceed 250 words in length and must be submitted to the Town Clerk by 5:00 p.m. onAugugt 29, 2002. Section 4. Reeistration to Close October 21. 2002. Registration for said election shall close on October 21, 2002; no persons registered after that date will be entitled to vote at said election. Section 5. Time When Polls Are KeDt ODen. At said election the polls shall be opened at 7 :00 A.M. of the day of said election, and shall be kept open until 8:00 P.M. in the evening of the same day, when the polls shall be closed, subject to the provisions of Section 10242 of the Election Code. r-- Section 6. Canvass of Ballots bv Council. The Council shall meet at its usual place of meeting on the first available date following the canvass of the vote by the County Registrar of Voters to certifY the election. Section 7. Publishing Notice of Election. The Town Clerk shall cause to be published in a newspaper of general circulation a Notice of Election which will include the date of election, hours the polls open and close and the Measure to be voted upon. Section 8. SamDle Ballot and Voter's PamDhlet Format. Directly following the ballot measure, a complete text of the proposed Ordinance will be shown, followed by the Town Attorney's impartial analysis. ""' Town Council Resolution # 46-2002 August7,2002 3 . -- Section 9. CEOA FindinlZ. The adoption of this Resolution, and placing the question to be voted upon before the people ofTiburon, has no potential for resulting in a physical change in the environment, either directly or ultimately, and is therefore not a "project" as that term is used in the California Environmental Quality Act (CEQA), and therefore the adoption of this Resolution is exempt from the provisions of CEQA. Section 10. This measure is submitted to the people of Tiburon pursuant to Elections Code Section 9222. PASSED AND ADOPTED at an adjoumed meeting of the Town Council of the Town of Tiburon on August 7, 2002, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBE Berger, Fredericks, Gram, Thompson None Slavitz I""' TOMG ,MA OR TOWN OF TffiURON ATTEST: ~A' DIANE CRANE IACOPI, T~ERK "....... Town Council Resolution # 46-2002 August 7, 2002 4