HomeMy WebLinkAboutTC Ord 1999-07-07 (4)
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ORDINANCE NO. 448 N. S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AMENDING THE IDGHLANDS MASTER PLAN BY
AMENDING ORDINANCE NO. 330 N. S. WIDCH APPROVED A MASTER
PLAN FOR THE TffiURON mGHLANDS PLANNED DEVELOPMENT (PD #15)
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 filed by Fred Grange
for an amendment to the Tiburon Highlands Master Plan to incorporate
approximately 3.23 acres of adjoining land located on a former railroad
right-of-way near the end of Warren's Way into the Tiburon Highlands
Master Plan and to create an additional building site on original Lot 15 of
the Tiburon HigWands Subdivision. The application requests amendments
to the Tiburon HigWands Master Plan as originally adopted in Ordinance
No. 330 N. S. on March 31, 1988 and subsequently modified in Ordinance
No. 353 N. S. on January 17, 1990.
2. The Tiburon Planning Commission held a duly noticed public hearing on
November 24, 1998 and heard testimony from interested persons. At its
meeting on December 9, 1998, the Commission voted to deny the
requested Master Plan amendment for reasons set forth in Planning
Commission Resolution No. 98-24.
3. The applicant filed a timely appeal of this denial on December 17, 1999.
4. 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.
5. An Initial Study and a Draft Mitigated Negative Declaration for this project
were prepared and circulated for review from October 30, 1998 to
November 20, 1998, in conformance with requirements of the California
Environmental Quality Act. The Draft Mitigated Negative Declaration and
accompanying Mitigation Monitoring and Reporting Program for the
project have been prepared in accordance with the provisions of the
California Environmental Quality Act. These documents adequately assess
the environmental impacts of the project. In addition, these documents
conclude that the project would not result in any potentially significant
environmental impacts that cannot be mitigated. The Initial Study
Ordinance No. 448 N.s., Adopted July 7, 1999 1
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concluded that all potential project impacts could be reduced to
insignificant levels through implementation of the mitigation measures
incorporated into the project. The Town Council through adoption of
Resolution No.3338 has previously adopted the Mitigated Negative
Declaration.
SECTION 2. FINDINGS.
1. The Town Council finds that the proposed master plan amendment is
consistent with the goals and policies of the Tiburon General Plan and is in
conformance with provisions of the Tiburon Zoning Ordinance.
2. The Town Council further finds that the proposed master plan amendment will
not be contrary to the public health, safety or general welfare.
SECTION 3. MASTER PLAN AMENDMENT.
Condition NO.1 of Section 2 of Ordinance No. 330 N. S. is hereby amended to
read as follows:
"The Master Plan is approved for forty t.,vo (12)forty-three (43) residential units
as shown on the map referred to in Section 1.A.3.(a) above as Exhibit #1 and entitled
"Site Development Plan" prepared by CSW Consultants and dated February 1, 1988 and
revised on March 23, 19880; as modified to include the twoformer railroad parcels and
an additional building site on former Lot 15 (now Lots 15A and 15B) as depicted on
the drawing entitled "Warren Court Estates (Lands of Grange)" dated December 3,
1996 and revised June 11, 1998, prepared by Lawrence P. Doyle (1 sheet), a copy of
which is on file with the Tiburon Planning Department"
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 any
one or more sections, subsections, sentences, clauses or phrases may be declared invalid
or unconstitutional.
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Ordinance No.448 NS.. AdoptedJuly 7,1999 2
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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 ofTiburon.
This Ordinance was introduced at a meeting of the Town Council held on June 16,
1999, and was adopted at a regular meeting of the Town Council of the Town ofTiburon
on July 7, 1999, by the following vote:
AYES: COUNCILMEMBERS: Bach, Gram, Hennessy
NOES: COUNCILMEMBERS: Matthews, Thompson
ABSENT: COUNCILMEMBERS: None
MOGENS CH,
TOWN OF TffiURON
ATTE~ Q -
DIANE L. CRANE, TOWN CLERK
Grange mpamend orddoc
Ordinance No.448 NS.. Adopted July 7, 1999 3
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