HomeMy WebLinkAboutTC ORd 1994-08-17
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I ORDINANCE NO. 406 N.S.
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I .. A ORDINANCE OF THE TOWN COUNCIL OF THE
I TOWN OF TIBURON PREZONING APPROXIMATELY
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45 ACRES IN THE VICINIlY OF OLD LANDING
I ROAD TO THE RO-1. RO-2 AND M ZONING DISTRICTS
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I WHEREAS, the Town Council of the Town of Tiburon does ordain as follows:
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I Section 1. Findinl!s.
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; A. The Town Council has received and considered an application filed by Tom
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; W. Newton to prezone approximately 45 acres in the Tiburon Planning Area.
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I The property consists of 35 dry-land lots and 23 acres of tidelots and is shown
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on the attached Exhibit "A".
B. The Planning Commission held a duly noticed and advertised public hearing
on July 27, 1994, and recommended prezoning of the property to RO.1, RO-2
and M as shown on the attached Exhibit "A".
C. The Town Council has held a duly noticed and advertised public hearing on
r August 3 and August 17, 1994, and has considered all testimony in reaching
its decision.
D. The Town Council has found that the recommended RO-1, RO-2 and M
prezoning is consistent with the Tiburon General Plan and the Tiburon
Zoning Ordinance.
E. The Town Council finds that the project is categorically exempt from the
requirements of CEQA per Section 15319 of the CEQA Guidelines.
Section 2. AnDroval.
NOW, THEREFORE, BE IT ORDAINED that the Town Council of the Town
of Tiburon does hereby prezone the property shown on the attached Exhibit "A", such
that all property that is above the high water line and designated Medium-Low
Density Residential by the Tiburon General Plan shall be RO-1 zone, all property
that is above the high water line and designated Medium Density Residential by the -
Tiburon General Plan shall be RO.2 zone, and all property below the high water line
shall be Marine zone. This zoning shall become effective immediately upon
annexation of the property to the Town of Tiburon.
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L Section 3. Seoarabilitv.
Should any part or provision of this article be declared by a court of
competent jurisdiction to be invalid or unconstitutional, such decision shall not
affect the validity of the Ordinance as a whole, or any part thereof except that part
or provision so declared to be 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 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 AUl!Ust 17, 1994 by the following vote:
AYES: COUNCILMEMBERS: Ginalski, Thayer, Thompson,
Wolf, Nygren
NOES: COUNCILMEMBERS: None
r ABSENT: COUNCILMEMBERS: None
ATTEST:
Cw;:JJLZZ~/
THERESE M. H NNESSY, WN CLERK
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r 1nance 406 N:S.
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