HomeMy WebLinkAboutTC Ord 2000-01-19 (3)
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ORDINANCE NO. 456 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TmURON
AMENDING THE LA CRESTA MASTER PLAN (PD #11) TO INCLUDE CERTAIN
PROPERTY LOCATED AT 98 VIA LOS ALTOS
PORTION OF ASSESSOR PARCEL NO. 34-330-24
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. RECITALS.
1. The Town ofTiburon is in receipt of an application (File #R49901) filed by
Morgan and Sandra Davis and the Marin Municipal Water District (MMWD),
owners of the subject property, to include a 1,487 square foot portion of surplus
land, to be sold by MMWD to Mr. and Mrs. Davis, in the La Cresta Master Plan.
2. The Tiburon Planning Commission held a duly-noticed public hearing on
November 10, 1999, and heard and considered testimony from interested persons.
At its meeting on November 10, 1999 the Planning Commission voted to
recommend approval of the project to the Town Council for reasons set forth in
Resolution No. 99-20.
3. The Town Council held a duly-noticed public hearing on January 5, 2000, and
heard and considered testimony from interested persons. The Town Council also
received and considered the report and recommendations of the Planning
Commission.
4. The project is exempt from the requirements of the California Environmental
Quality Act per Section 15303 of the CEQA Guidelines.
SECTION 2. FINDINGS.
1. Pursuant to Section 4.09.05 of the Tiburon Zoning Ordinance, the Town Council
finds that the proposed amendment to the La Cresta Master Plan is consistent with
the objectives of the Zoning Ordinance.
2. The Town Council further finds that the proposed amendment to the La Cresta
Master Plan is consistent with the Tiburon General Plan.
Ordinance No. 456 N.S. Adopted January 19, 2000 1
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SECTION 3. APPROVAL OF REZONING.
The approximately 1,487 square foot portion ofland, as described on attached Exhibits
"A" and "B", is hereby included in the La Cresta Master Plan (pD #11).
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 ofTiburon
hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause
or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences,
clauses or phrases may be declared invalid or unconstitutional.
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 (IS) 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 ofTiburon.
This Ordinance was introduced at a meeting of the Town Council of the Town ofTiburon
held on January 5, 2000, and was adopted at a regular meeting of the Town Council of the Town
ofTiburon on January 19, 2000, by the following vote:
AYES: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews, Thompson
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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TOM GRAM, YOR
TOWN OF TffiURON
7~,
DIANE CRANE IA opt::;t;;: CLERK
H:dwatrous/OrdinancesITCR9902.ordinance.doc
Ordinance No. 456 N.S. Adopted January 19, 2000 2
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EXHIBIT 8
LEGAl DESCR1PT1O~
Ail that portion of that cartain paresl of land ~ituate in the City of Ti!::urcn. County of
!.larin, S:ate of California, delineated as Parcel .C' Tank Lot, on that certain map
entit!ed Map of La Cresta, recorded September 24, 1ge2 in Scok18 of M.!=s at
Page 75, Ivlarin County Records. mere particdarly described as follows:
Beginning at the ~ortt:weste,:y ccmer of s,;;id p<:lrcel, hereinaocve describe:::!.
runninG thence alor:g tl1e r:ortheriy iine North 37" 12' East a distar.ce of 25.00 feet,
thence leavi~g saie northerly line South 29' 00' East a distance or 65.00 feet.
then.:a Sodh 37' 12' West a distance af 25.00 feet te the 'Nesterly line of said
parcei, thence along the westerly line of said parcel Nc;tf; 29' 00' West a dista~ce
cf 65.00 feet to the Pei"t of B~:;inning.
C ." <A3~ 8- ft
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