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HomeMy WebLinkAboutTC Agd Pkt 1997-02-11 ~:CJ. r(;tf /-i( 'ill} ('<1--4.' , , .~iijiJt B"!2~_~' ~~ r- ~. ') l"('/ ~, '" ,,- ~/()~ ,". u_,,- ,,' 'Jln \~ "'.. , 7 .- ( :f(lJ{. C,-- t i ) a Lt-lie c'tp>-.: 0'" ;La u (;).</ I _ ,I ,- (in- ", ( ,!:M (t--...iVJ . ,-" "") - {, iJ J.... ~-,'-- . ~f..'- rJ---,--l IL (~ ,~"Z'j1'yrl WOlLK SHO:e WHEN: TUESDAY, FEBRUARY 11, 1997 7:30 P.M. - 9:30 P,M. WHERE: lllLARITA COMMUNITY ROOM, 100 NED'S WAY (TIBURON BLVD, @ NED'S WAY) AGENDA I. Role of Planning Commission as Described by StateILocal Law II. Qualifications of Candidates ill. Deadlines to Receive Material prior to meeting for consideration by Planning Commission and/or Town Council IV. Discussion Re: Proactive Role of Planning Commission v. Consideration of Feasibility of Combining Planning Commission and Design Review Board in Future VI. Suggestion for Changes in General Plan A. Below Market Rate Housing in Commercial Zone B. FAR in Commercial Zone C. Other Ideas VII. Suggestions for ways Staff can better serve the Commission S+~f. 6'o"~M\'--.+ c~ I~W\ r THE PLANNING AND, WNING LAW Request/or notificaliDn Failure UJ receiv, notice Definition: "Notice ofpublil: he_g" Hearing continUtltion CemeterWs (B) Posted at least 10 days prior to the hearing io at least three public p including one public place in the area directly affected by the proceedh (b) The notice shall include the information specified in Section 650 (c) In addition to the notice required by this section, a local agency ma: it deems necessary or desirable. (Added by Slars, 1984, CIL 1009; Amended by Stats, 1985, CIL 1199.. . When a provision of this title requires notice oCa public hearing to be given purs~ to Section 65090 or 65091, olice shall also be mailed or delivered at least to days priocto the hearing toany n who has filed a written request for no with either the clerk of the governing body or with any other person d ., ate(( by the governing body to receive these The local agency may charge a fee which is reasonably re to the costs of providing this service and the local agenc require each request to be annually renewed~ (Added by Slats, 1 CIL 1009, Amended by Stats, 1985, 199.) 65093, The failure of any pc or entity to receive notice.. en pursuant to this tide. or pursuant to the procedures established by a chartered city. 51l t constitute ,'" s for any court to invalidate the actions of a local agency for which the notice was given. (Atkkd by Slats, 1984. CIL 1009,) 65094, As used in this title, ''notice of a pu earin eam a notice that includes the date, time, and place of a public hearing, the identity of the hearing or officer, a gen explanation of the matter to be considered, and a general description, in text or bydia of the location of the real p ,if any, that is the subject of the hearing, (Added by Slats, 1984,.J;If:'iOO9,) 6509S, Any public hearilJ8'CODducted under this tide may be continued fnl (Atkkd by Slats 984, CIL 1009.) 65096. (8) Not . .' tanding any other proviSion oflaw, whenever a person applies to a Cl luding a chaner city. county. or city County. for a zoning variance, special use permit. conditional use pennit, zo' ordinance amendmen~ gen. or specific plan amendment, or any entitlement for use which would permit all or any of a cemetery to be for other than cemetery purposes, the city, county. or city and county shall give notice pursuant 65092, 65093, and 65094, (b) Those requesting notice shall be notified by the local agency at the address provided at the time of the t. (c) Notwithstanding Section 65092, a local agency shall not require a request made pursuant to this section to annually renewed. (d) "Cemetery," as used in this section, has the same meaning as that word is defined in Section 8100 of the Health and Safety Code, (Added by Slats, 1988, CIL 1440.) CrealiDn of plllnning age"", Creation of planning commission Hoo a Valley BUSiness Chapter 3. Local Planning Article 1. Local Planning 65100, There is in each city and county a planning agency with the powers necessary to carry out the purposes of this title, "The legislative body of each city and county shall by ordinance assign the functions of the planning agency to a planning department, one or more planning commissions, administrative bodies or hearing officers, the legislative body itself, or any combination thereof, as it deems appropriate and necessary. In the absence of an assignment, the'legislative body shall carry out all the functions of the planning agency. (Repealed and added by Slats, 1984, Ch, 690,) 65101. (a) The legislative body may create one or more planning commissions each of which shall repon directly to the legislative body. The legislative body shall specify the membership ofthe commission or commissions. In any event. each planning commission shall consist of at least five members, all of whom shall act in the public interest Ifit creales more than one planning commission. the legislative body shall prescribe the issues, responsibilities, or geographic jurisdiction assigned to each commission. If a development project affects the jurisdict,ion of more than one planning commission, the legislative body shall designate the commission which shall hear the entire development project. (b) Two or more legislative bodies may: (I) Create ajoint area planning agency, planning commission, or advisory agency for all or prescribed ponions of their cities or counties which shall exercise those powers and perform those duties under this title that the legislative bodies delegate to it. (2) Authorize their planning agencies, or any components of them, to meet jointly to coordinate their work, conduct studies. develop plans. hold hearings, or jointly exercise any power or perform any duty common to them. (Repealed and added by Stats, 1984. CIL 690: Amended by Stats, 1985, Ch, 617,) 65101.1. The Hoopa Valley Business Council. as the governing body of the Hoopa n ,may partiCipate t to subdivision (b) of Section 6510 I 0 County Association of Governments and for that purpose may enter mto a the parties thereto and shall be deemed to be a public agency for purposes of Arti g with Section ivision 7 of Title 1. The Legislature finds and dec e unique circumstances of Humboldt County necessitate thiS y Slats, 1987. Ch, 73,} e 26 . 1996 Planmng, Zoning, and Development Laws ( (1 c " , . I' ,,' THE PLANNING AND ZONING LAW 65102. A legislative body may establish for its planning agency any rules. procedures, or standards which do not conflict with state or federal laws. (Repealed and added by Slats, 1984, Ch, 690.) 65103, Each planning agency shall perform all of the following functions: (a) Prepare, periodically review, and revise. as necessary. the general plan. (b) Implement the general plan through actions including, but not limited to, the administration of specific plans and zoning and subdivision ordinances. (e) Annually review the capital improvement program of the city or county and the local public works projects of other local agencies for their consistency with the general plan. pursuant to Article 7 (commencing with Section 65400), (d) Endeavorto promote public interest in, comment on, and understanding afthe general plan. and regulations relating toil. (e) Consult and advise with public officials and agencies, public utility companies. civic, educational, professional, and other organizations, and citizens generally concerning implementation of the general plan. (f) Promote the coordination of local plans and programs with the plans and programs of other public agencies, (g) Perform other functions as the legislative body provides, including conducting studies and preparing plans other than those required or authorized by this title. (Repealed and added by Slats, 1984, Ch,690,) 65104. The legislative body shall provide the funds, equipment, and accommodations necessary or appropriate for the work of the planning agency. If the legislative body, including that of a charter city, establishes any fees to support the work of the planning agency, the fees shall not exceed the reasonable cost of providing the service for which the fee is charged. The legislative body shall impose the fees pursuant to Section 66016. (Repealed and added by Slats, 1984. Ch. 690; Amended by Slats, 1990. Ch, 1572,) 65105. In the performance of their functions, planning agency personnel may enter upon any land and make examinations and surveys, provided that the entries, examinations, and surveys do not interfere with the use of the land by those persons lawfully entitled to the possession thereof. (Added by Slats, J984. Ch. 690.) 65106. Upon request all public officials shall furnish to the planning agency within a reasonable time any available information as may be required for the work of the planning agency. (Added by Slats. 1985. Ch. 617.) (Article 2. [commencing with Section 65150) repealed by Stats. 1984, Ck 690.) (Article 3. [commencing with Section 65200) repealed by Stats. 1984, Ch. 690.) Article 4. Long Range Planning Trust Fund Local rules and procedures Planning agency functions Appropriaiions for planning agency Authority to perform functions: entry onto private land Public offu:iaJs to furnish planning " agency with available information - 65250. city with a population in excess of three million may establish a Long Range Planning Trust Fund in accordance with subdi (b) to consist of those moneys that are volun!arily paid by an assessee of real property on the property tax bill in an amo ual to one dollar (SI) for each parcel of assessed real property of one acre or less, Or one dollar ($ l) per acre, and any a .. nal fractional portion thereof, for each parcel of assessed real property of more than one ac and are collected and depaSl ursuantto an agreement 8lj described in subdivision (d), (b) A city as described in subdi 'n (a) shall establish a Long Range Planning Trust Fund by a resolut' , adopted by a majority vote of the city's governi y. That resolution shall require that moneys in the fund be expended upon the vote of that city's governing body 0 or purposes of long-term land use planning and eral plan revisions. (c) Upon adoption of a resolution pursuant to su . ision (b), a city may solicit volunta ntributions as described in subdivision (a), and upon receiving authorization to co a contribution by an asses of real property, may transmit to the county assessor, county auditor, and county tax collec ny infonnatio garding the assessee that may be necessary to collect the contribution pursuant to an agreement as spe. d' 'libdivision (d). (d) The county assessor, county auditor, county tax collector and thc;.a o. city may enter into ajoint agreement for the collection and allocation of voluntary contributions as descri6ed in sub . ion (a), that may provide for the collection of contributions by the tax collector. The agreem~<qt-shall provide for the a ation to the county assessor, county auditor, and tax collector from moneys collected oJ8rilOunts equal to the actual and r onable costs incurred by those persons in colJecting and allocating contributi.9nr (Added by Slats, 1992. CI" 937; Amended by tfIts, 1993. Ch, 589,) 65300. Each planning agency s prepare and the legislative body of each county and city shall adopt a comprehensl Plan required long-term general plan e physical development of the county or city, and of any land outside its boundaries which in the planning age s judgment bears relation to its planning. Chartered cities shall adopt general plans which contain ments specified in Section 65302. y Stats, 1984. Ch, 1009.) 1996 Planning, Zoning, and Development Laws . rt lOW,.. 0+ 11 b~.-." (, Tiburon Town Code Chapter 16: Zoning SUBCHAPTER 3: APPLICATION PROCEDURES AND ZONING PERMIT REVIEW AUTHORITY SECTION 3.04.00. 3.04.01. Duties. PLANNING COMMISSION. The Planning Commission shall have the fOllowing Zoning Permit review authority and other duties: (a) Review and approve, deny, or conditionally approve all applications for: , 1. Conditional Use Permit. 2. Secondary Dwelling Unit Use Permit. 3. Condominium Use Permit. 4. Home Occupation Permit, when required by Section 4.10.00. 5. Minor Subdivision, as provided in Chapter 14 of the Tiburon Municipal Code. 6. Lot Line Adjustment, as provided in Chapter 14 of the Tiburon Municipal Code. 7. Variance when in conjunction with an application subject to rev~ew by the Commission. ' (b) Review, and thereafter to recommend approval, denial, or conditional approval of, applications for the following: () 1- 2. 3. 4. 5. 6. 7. 8. Zoning text amendment; Rezoning or prezoning; Precise Development Plan; Major SUbdivision; Amendment to Master Plan adopted under the Town's previous Zoning Ordinance No.9 N.S., or by_Marin County; General Plan Amendment; Specific Plan or Area Plan; Annexation where applicable. (c) Adopt rules and procedures necessary or convenient for the conduct of its business. <..1 Ordinance No. 360 N.S. Page 91 .,,-';';, , ,~';.Ijf~;,:.. effective 12/26/90 ......,.:. ~, ( (l .,,:'l', :j:~:' L' , . Tiburon Town Code Chapter 16: Zoning SUBCHAPTER 3: APPLICATION PROCEDURES AND ZONING PERMIT REVIEW AUTHORITY (d) Maintain a current up-to-date General Plan for Tiburon. (e) Interpret the meaning of the Zoning Ordinance and the General Plan when the meaning thereof is not clear, and to request opinions of the Town Attorney when deemed necessary. (f) Supervise the administration of this Ordinance. (g) Make recommendations to the Council as requested and as may be provided by law. (h) By resolution, on request or on its own initiative, adopt rules implementing the regulations contained in this Ordinance by: 1. Setting forth additional specific uses allowed by right and by conditional use permit which are, in the opinion of the Commission, similar or accessory to those uses listed in the Ordinance, and conform to the purpose of the zone regulations; Setting forth, additional specific uses for which parking spaces are required which are, in the opinion of the Commission, similar or accessory to those uses listed in the Ordinance requiring parking spaces; 2. (i) Review the Capital Improvement Program of the Town and make recommendations to the Town Council. (j) Review and amendment of Town of Tiburon Desiqn Guidelines for Hillside Dwellinqs and General Desiqn Guidelines for New Construction and Remodelinq booklet, and of the Site Plan and Architectural Review Considerations handout. Additionally, the Planning Commission may: (k) Provide general information to interested persons upon request in order to assist in the implementation of the Town's General Plan and Zoning Ordinance. Disseminate to the Town information on current regional and state planning information. (1) (m) Provide research into planning and environmental issues. (n) Adopt criteria for traffic projections and transportation management needs. Ordinance No. 360 N.S. effective 12/26/90 Page 92 '.~ .i-"::'" <, c (, -;"\:~(:' ":\~:~;' ::,r-r;'.' Y:lii l Tiburon Town Code Chapter 16: Zoning SUBCHAPTER 3: APPLICATION PROCEDURES AND ZONING PERMIT REVIEW AUTHORITY (0) Examine and project growth assimilation needs as a function of the General Plan Housing Element, and coordinate with regional and County entities on population growth issues. 3.04.02. Membership and Terms. The Commission shall consist of five members appointed by the Mayor and approved by the Council~ The term of office of Commissioners shall be four years. Terms shall be staggered. Appointment to fill a vacancy occurring prior to the expiration of a term shall be for the balance of the term only. 3.04.03. Chairman and Vice Chairman. The Commission shall elect a chairman from its membership. The term of the chairman shall be one year, and the chairman may be re-elected. The Commission shall also elect a vice-chairman, who shall preside in the absence of the chairman. The term of the vice-chairman shall be the same as that of the chairman, and, he may also be re-elected. The elections shall be held at the first meeting in July of each year. 3.04.04. Meetings. The Commission shall adopt a regular schedule of meetings and should meet at least one time per month. Meetings shall generally be conducted in accordance with Robert's Rules of Order, but otherwise in accordance with reasonable rules and regulations established by the Chairman.. 3.04.05. Applications. Any property owner or his duly authorized agent, desiring a Zoning Permit over which the Commission has review authority, shall file an application as provided in Section 3.01.00. Tiburon Zoning Ordinance (No, 360 N,S,. as amended 5/7/92) Revised 7/17/92 Page 93 ~.':~' ..":~ .