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Home My WebLink AboutTC Ord 1999-07-07 (3) -. . __..__.._.__,_______~__ .._n____ _____ __ ___0_ _____ ---- -- ---- .-- -- - --..- -_.------ , ORDINANCE NO. 447 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REZONING CERTAIN PROPERTY FROM RO-2 (RESIDENTIAL OPEN) DISTRICT TO RPD (RESIDENTIAL PLANNED DEVELOPMENT AND OPEN SPACE) DISTRICT (ASSESSOR PARCEL NOS. 34-182-20 & 38-322-11) 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 #R98-02) filed by Fred Grange, owner of the subject property, to rezone approximately 3.23 acres ofland located on a former railroad right-of-way near the end of Warren's Way. 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 rezoning 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 rezoning and the project. In addition, these documents conclude that the rezoning would not result in any potentially significant environmental impacts that cannot be mitigated. The Initial Study 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 Ordinance No. 447 NS., AdoptedJuly 7,1999 1 u -.- .~- ------ -----..---- ----- ---------- . Resolution No. 3338 has previously adopted the Mitigated Negative Declaration. SECTION 2: FINDINGS. 1. Pursuant to Section 4.0905 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 General Plan. SECTION 3. APPROVAL OF REZONING. The approximately 3.23-acres ofland (Assessor Parcel Nos. 38-182-20 and 38- 322-11), as shown on attached Exhibit "A", is hereby rezoned from RO-2 (Residential Open) zone to RPD (Residential Planned Development & Open Space) zone and is hereby incorporated into the Tiburon HigWands Residential Planned Development (PD#15) for zorung 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 any one 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 ofthe 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. III III III Ordinance No. 447 N.s., AdoptedJuly 7,1999 2 --..--.--- .~-~- ----...-. - . . - ------_.__.._--~--._---~------- ----- - ~- - ---- --~~------_._-- -- ~----- -- < 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 of Tiburon on July 7, 1999, by the following vote: AYES: COUNCILMEMBERS: Bach, Gram, Hennessy NOES: COUNCILMEMBERS: Matthews, Thompson ABSENT: COUNCILMEMBERS: None AT~ DIANE L. CRANE, TOWN CLERK Grange rezone ord.doc Ordinance No. 447 N.S., Adopted July 7, 1999 3 ---- -- ~-~-------- - -~-------- __,_~~___-----'---~.c"._-cc-_-- ---------- - _ __________ _~_ _-'. .~-_._ -.~--_____...".....,._c_c_-.__=c_ _-c-. . .... .__._._.._ _ ._""-_'._'_'" ... .._- ---... ! , EXHIBIT "A" ,. DESC.1U?T!ON ,. ., All that certain real property situate in the city of Tiburon, County *~ Marin, State of california, described as follows: .BE:G::mr~rG at c;:.e Soueb.wes: c:::.=::.er of Let. 21., as s::'cwn upc~ "Map 0: Reoac.la=c. WCCc.s Ur:..:..:. One", f~le~ fer record July 27, ~9€5 ~ Volume ~J of Ma~s at paqe 23, Ma=~~ C=~~'l Rec=rds, ~'~-i~g the~ce Ncr~~ eSa 04' West to a pc~~~ w~.:..c~ bears Nc=~~ sa 30' Eas: f=cm t;:e Nor,,:b.east cor::.er of Lot 76, as shc...wn upon "Map of 3el A.:-.=e Estates", ::.::=0:::. === record Apr:.l 8, ~9S3 ~ Seck 7 of Maps at page 82, Ma=:.~ C=~:y Rec===s, t;:.e=ce So~:::. SQ 30' West to t~e Nor~~east co~er of sa.:..d Lot 76, r~_~':"~= t~e~ce Eas~e=ly a~cng t~e Nor~e=ly bC~Ca~f line 0: saic. Map of Sel Aire Es~a:as to.a 9ci~: wh.:..c~ =ears Scc:~ 5~ 09' W _ f-- ~~e -Ci-~ 0; be~~--~-g t~e-co "c--~:~~ QOI ~as- ~- ~_o -c~-- 0; es.... _ _m '-__ 1:'............. _ ::: __.......__ I aJ. __ _ ';''j - ..a_ - J - ... ....,- ....a..._ 1:' ---.... .... beS':.=.:::....-:S' . Being Marin County Assessor Parcel 38-322-11. TOGETHER WITH . All that c:e...-o-tain real prq:ert:y situate in fre City of Til:urcn Co.m:ty of M3rln, State of Calif=rla, des::=:il::ed as fol.lc>o/S: m;INNJ:N:; at the Sc;uttso.est =rer of tot 21 ~ of Feedland W::x:rls filed July 27, 1965 in Eb:k 13 of M3pS at Pa;e 23, runnir.g Uace Sa.rth 5' 10' West to a IXJint en the Sa.rt::-er1y lln= of the ~ Pa::ific Rai.1:roa1 Cb. right of way (rDoI eJ:>an:lc:n=d) said point als:J te:iJv en the .~ U.erly lln= of tot 62 !ot3p of Eel M.= Estates filed ~ 21,.1950 in B"'",-!{ 7 of M3p; at ~. 82, runn:ir.g' ~ Eost:er1y alcng said R.R. right of way lln= to a p::lint en the 1'brtheast2rly lln= of tot 77 Map of Psedlarrls Unit 3 filed fer r..........J Septant:er 4, 1958 in Eb:k 10 of Maps at Pcge 4, said point t:ear'-"l;l Scum 53' 33'0 East 75.57 feet arrl Sa.rth 47' 47' East 10 feet, fran the m:::st N::r""..h=rly =reI' of said lot, tI"",lCE N::xrtherly in a di.re:::t: lln= to a point en the Scutterly line of let 3 u-. .C "---',~..... to'--'- ('''' t:'M 23) ~~.4 ~'- >-0<"", "'~-"'~'Y '0 &=t &~ ....'" 1-=:' o~ ~~_ (~~ -..... a'" ...... ~..I...&.... -~-::J ~...>;;;.-- - .- f ....-.-......- ~ly =ner of said lDt, ~ ti.e.ce WestErly alcng tl-e Scut1"er1y J:x:urrlary of said Ps -11 "rD. W::x:rls Snl-Yii visien to tl-e point of t:eg:innir.g. Being Marin county Assessor Parcel 38-182-~. J.O . "'-"-....<-<... --- - -- ----~--_....:..--.:...::=: -