HomeMy WebLinkAboutTC Res 1994-03-02 (13)
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RESOLUTION NO. 3001
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ADOPTING A NEGATIVE
DECLARATION FOR GENERAL PLAN AND ZONING
ORDINANCE AMENDMENTS ALLOWING TRANSFERS
OF INTENSIlY BE1WEEN COMMERCIALLY DESIGNATED
PROPERTIES UNDER THE SAME OWNERSHIP
WHEREAS, the Town has received an application from Main Street Properties for
a General Plan Amendment and a Zoning Ordinance Amendment to allow for a "transfer
of intensity" between commercially designated properties under the same ownership. Said
application consisting of:
1. Application form received 11-25-92 and revised 1-8-93
2. Letters from Main Street properties received 1-12-93 and 10-21-93
WHEREAS, the Tiburon Planning Department determined that based upon the
Initial Study, a Negative Declaration was appropriate for the project pursuant to CEQA;
and
WHEREAS, in December, 1993, a Draft Negative Declaration was completed, and
Notice of such was posted and advertised in The Ark newspaper to commence a 21 day
public review period for review and comment on the Draft Negative Declaration and Initial
Study pursuant to CEQA; and
WHEREAS, the Planning Commission, pursuant to the Government Code, held a
duly noticed and advertised public hearing on 1/26/94 and 2/9/94 to receive public input
and comments on the draft Negative Declaration and on the proposed General Plan and
Zoning Ordinance Amendments; and considered that testimony in its deliberations; and
WHEREAS, the Planning Commission found that the General Plan Amendment and
Zoning Ordinance Amendment would be consistent with other portions of the General Plan
and Tiburon Zoning Ordinance; and that the Negative Declaration is appropriate; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution 94-
01 recommending that the Town Council certify a Negative Declaration for the proposed
projects, and approve the proposed General Plan and Zoning Ordinance Amendments.
WHEREAS, subsequent to the close of the negative declaration public review period
on January 7, 1994, the Town Council conducted a public hearing on March 2, 1994 to
receive public testimony on the Draft Negative Declaration; and
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WHEREAS, the Town Council, at a meeting held on March 2, 1994, has reviewed and
considered the information contained in the Initial Study and the Draft Negative
Declaration, and any and all comments and responses thereto; and
WHEREAS, the Town Council finds that the proposed General Plan Amendment and
Zoning Ordinance Amendment would be consistent with other portions of the General Plan
and Tiburon Zoning Ordinance; and that the Negative Declaration is appropriate.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby make the following findings:
1. Notice ofthe public review period and hearing on the Negative Declaration was given
as required by law and said hearing was conducted pursuant to Sections 15073 and
15074 of the State CEQA Guidelines and pursuant to provisions of the Town's Local
CEQA Guidelines.
2. All individuals and groups desiring to comment on the Negative Declaration were
given the opportunity to address the Town Council.
3. The Negative Declaration for the project consists of the Initial Study document
dated January 15, 1993, prepared by Associate Planner Catron, the Negative
Declaration form, and any supporting information which may be referenced therein.
4.
The Negative Declaration was completed in compliance with the intent and
requirements of CEQA, the State CEQA Guidelines, and the Town's Local CEQA
Guidelines.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Council hereby
certifies and adopts the Negative Declaration for General Plan Amendment 92-01 and
Zoning Ordinance Amendment Z93-01 as complete and adequate. The Planning
Commission shall review the draft Negative Declaration for the accompanying Conditional
Use Permit application as part of its review of that application.
BE IT FURTHER RESOLVED that the Planning Director is directed to file the
Negative Declaration with the Marin County Clerk within five (5) working days of the
project approval.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on March 2. 1994, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Thayer, Thompson, Friedman,
Nygren
None
Kuhn
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THERESE M. HENNESSY, TOWN
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