HomeMy WebLinkAboutTC Ord 2000-01-19 (2)
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ORDINANCE NO. 455 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TmURON
REZONING CERTAIN PROPERTY LOCATED AT 98 VIA LOS ALTOS
FROM P (PUBLIC/QUASI-PUBLIC) DISTRICT TO RPD (RESIDENTIAL PLANNED
DEVELOPMENT) DISTRICT
PORTION OF ASSESSOR PARCEL NO. 34-330-24
The Town Council of the Town ofTiburon does ordain as follows:
SECTION 1. RECITALS.
1. The Town of Tiburon is in receipt of an application (File #R99-02) filed by
Morgan and Sandra Davis and the Marin Municipal Water District (MMWD),
owners of the subject property, to rezone a 1,487 square foot portion of surplus
land to be sold by MMWD to Mr. and Mrs. Davis.
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 change of zone is consistent with the objectives of the
Zoning Ordinance.
2. The Town Council further finds that the proposed change of zone is consistent
with the Tiburon General Plan.
Ordinance No. 455 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 shown on attached Exhibits "A"
and "B", is hereby rezoned from P (Public-Quasi-Public) zone to RPD (Residential Planned
Development) zone and is hereby incorporated into the La Cresta Precise Plan (pD #11) for
zoning purposes.
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 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 (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 of the Town of Tiburon
held on January 5, 2000, and was adopted at a regular meeting of the Town Council of the Town
of Tiburon on January 19, 2000, by the following vote:
AYES: COUNCILMEMBERS. Bach, Gram, Hennessy, Matthews, Thompson
NOES: COUNCILMEMBERS. None
ABSENT: COUNCILMEMBERS: Non
TOMG , MAYOR
TOWN OF TffiURON
H:dwatrousJOrdinancesITCR9902.ordinance.doc
Ordinance No. 455 N.S. Adopted January 19, 2000 2
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EXHIBIT 8
L!;GA! DESCRIPTION
Ail that portion of that car".ain par~lof land ~ituate in the City of Titurcn. County of
/,,1..rir:, S~..te of Califomia, delineated as Parcel .C" T<ink Lot, on that certain map
emitted M",p of La Cresta, recorded September 24, 1ge2 in Scok 18 of ,"laps at
pzse 7S, Ivlann County Re"..orcs. more particularly described as foHows:
Beginning at the ~ort!":wester:y Gemer of said i'arcel, hereinabcve described.
n.mr:ir:!; thsnes alene;; the northerly fine North 37' 12' East a distar:ce of 25.00 feet,
thence leav!r.!; sale northerly lins South 29< 00' East a distance of 6::.00 teet.
thencs So"th 37' 12' West a distance of 25.00 feet te the '.vssterly line ef said
parcel, therocs along the w:sterly line of said carce! North 29" 00' West a distai"ce
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of 65.00 feet to the Pcint of Beginning.
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