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HomeMy WebLinkAboutTC Ord 2021-03-17 Page 1 of 3 Town Council Ordinance No. 590 N.S. Effective 04/16/2021 ORDINANCE NO. 590 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PREZONING CERTAIN UNINCORPORATED TERRITORY LOCATED AT 4576 PARADISE DRIVE (ASSESSOR PARCEL NO. 038-142-02) AND WITHIN TOWN OF TIBURON SPHERE OF INFLUENCE TO RPD (RESIDENTIAL PLANNED DEVELOPMENT) ZONE The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. RECITALS. 1. The Town of Tiburon is in receipt of an application (File #R2019-001) filed by Sierra Pines Group LLC, owner of the subject property, to prezone approximately 9.575 acres of land located in the Paradise Drive unincorporated portion of the Town of Tiburon Sphere of Influence and Tiburon Planning Area. 2. On December 12, 2019, the Marin County LAFCo adopted Resolution 19-07 approving annexation of the property to Corte Madera Sanitary District #2. 3. On December 12, 2019, the Marin County LAFCo adopted Resolution No. 19-09 approving annexation of the property to the Town of Tiburon with the condition that the applicant file and complete the Tiburon prezoning process within one year of Marin LAFCo approval of annexation. 4. On December 10, 2020, Marin LAFCo approved a one-year time extension to allow the landowner to complete the prezoning with the Town of Tiburon. 5. The Tiburon Planning Commission held a duly noticed public hearing on January 13, 2021 and after hearing testimony from interested persons voted to recommend that the Town Council approve the prezoning for reasons set forth in Planning Commission Resolution No. 2021-001. 6. The Town Council held one or more duly noticed public hearings at which testimony was received and considered from interested persons. The Town Council also received and considered the report and recommendations of the Planning Commission. SECTION 2: FINDINGS. 1. The Town Council finds that the prezoning application is exempt from the California Environmental Quality Act (CEQA) as outlined in section 15061 (b)(3) because the prezoning is not connected to any other entitlement request and does not include any new development; therefore, no changes to existing site conditions will occur as a result of Page 2 of 3 Town Council Ordinance No. 590 N.S. Effective 04/16/2021 the prezoning. 2. The prezoning application generally meets the application and submittal requirements contained in Section 16-68 of the Tiburon Municipal Code. Although, the prezoning did not occur prior to Marin LAFCo approving a conditional annexation of the property, as is the typical prezoning process, the submittal of the prezoning application after the Marin LAFCo conditional annexation does not prevent the Town from exercising its discretion to consider the appropriateness of the prezoning request as it relates to the annexation to the Town. 3. The Town Council finds that prezoning of the property to RPD (residential planned development) is in close alignment with the land use category of PD-R “Planned Development - Residential” as reflected in the Town of Tiburon General Plan 2020 Land Use Diagram, and it is consistent with the applicable policies contained in Tiburon General Plan 2020. Prezoning of the property to RPD is also consistent with sound land use planning principles given the size, location and characteristics of the subject property. 4. The Town Council finds that prezoning of the property to RPD (residential planned development) will not be detrimental to the public health, safety, or welfare of the Town because this zone is compatible with the existing use of adjacent properties and with the Town’s long-term, intended use of adjacent properties, as reflected in the General Plan Land Use Diagram. The existing use of the site is residential, which is consistent with uses permitted in the RPD zone. The regulations of the RPD zone are designed to insure, to the extent feasible, the conservation of natural resources and the retention of land in its natural or near natural state in order to, among other things, assist in the containment of urban sprawl and protect the community from the hazards of fire, flood, seismic and other catastrophic activity, and to otherwise implement the goals and policies of the general plan. SECTION 3. APPROVAL OF PREZONING. The approximately 9.575-acres of land (Assessor Parcel No. 38-142-02), as shown on attached Exhibit “A”, is hereby prezoned to RPD (Residential Planned Development). SECTION 4. SEVERABILITY. 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 the court of competent jurisdiction, such section, subsection, sentence, clause or phrase shall be deemed severable and 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. Page 3 of 3 Town Council Ordinance No. 590 N.S. Effective 04/16/2021 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 its passage 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 introduced at a meeting of the Town Council held on March 3, 2021 and was adopted at a regular meeting of the Town Council of the Town of Tiburon on March 17, 2021, by the following vote: AYES: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Kulik _______________________ HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST: __________________________ LEA STEFANI, TOWN CLERK Exhibit A: Legal Description and Boundary Map /s/ /s/