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HomeMy WebLinkAboutTC Ord 1994-03-16 ORDINANCE NO. 400 N.S. r \ J I AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE TIBURON ZONING ORDINANCE TO ALLOW TRANSFERS OF INTENSITY BETWEEN COMMERCIALLY DESIGNATED PROPERTIES UNDER THE SAME OWNERSHIP The Town Council of the Town of Tiburon does hereby ordain as follows: section 1. Findinas. 1- An application has been received from Main Street Properties for 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 2. The Planning commission, pursuant to the Government Code, held a duly noticed and advertised public hearings on 1/26/94 and 2/9/94 to receive public input and comments l on the proposed zoning Ordinance Amendment; and considered that testimony in its deliberations; 3. The Planning commission found that the zoning Ordinance Amendment would be consistent with the General Plan and other portions of the Tiburon zoning Ordinance. 4. The Planning commission adopted Planning commission Resolution 94-01 recommending that the Town Council approve the proposed Zoning Ordinance Amendment. 5. The Town Council has held a duly noticed and advertised public hearing on March 2, 1994 and has considered all testimony in reaching its decision. 6. The Town Council has adopted a Negative Declaration for the project, based on the finding that the project will not have a significant effect on the environment. 7. The Town Council finds that the zoning Ordinance Amendment is consistent with the goals and policies of the Tiburon General Plan. l 1 section 2. Amendment. r" BE IT ORDAINED that section 2.11.03 of the Tiburon zoning Ordinance (Ordinance No. 360 N.S., as amended) is hereby amended as shown on "Exhibit 1" attached hereto, and made a part of this Ordinance. section 3. Severability. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this Ordinance as a whole, or any part thereof except that part or provision so declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance is to take effect and be in force at the expiration of thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after its passage, the same, or its legally required equivalent, shall be published with the names of the members voting for and against the same at least once in I a newspaper of general circulation published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 16, 1994, by the following vote: AYES: COUNCILMEMBERS: T hay e r , Tho m p son, Friedman, Kuhn, Nygren NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~~ EN NYGREN OR ATTEST: ERK l 2