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HomeMy WebLinkAboutTC Ord 2006-04-19 ORDINANCE NO. 494 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PRE ZONING UNINCORPORATED TERRITORY IN THE EAGLE ROCK/BAY VISTA PORTION OF THE TIBURON PLANNING AREA The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. FINDINGS. A. On March 8, 2006, the Planning Commission adopted Resolution No. 2006-08 recommending to the Town Council prezoning of certain unincorporated properties within the Tiburon Planning Area. B. The Town Council has held duly noticed public hearings on AprilS, 2006 and April 19, 2006 has heard and considered public testimony on the proposed Ordinance. C. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council finds that the actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare. E. The Town Council finds the actions made by this Ordinance to be consistent with the goals and policies of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. . F. The Town Council finds that the proposed actions are either categorically exempt from the requirements of the California Environmental Quality Act under the "general rule", pursuant to Section 15061(b)(3) of the CEQA Guidelines, or are within the scope of the EIR for the Tiburon 2020 General Plan update certified by the Town Council on September 7,2005. SECTION 2. PREZONING OF TERRITORY The territory described below is hereby prezoned with a zoning designation of RPD (Residential Planned Development); with RMP (Residential Multiple Planned) zoning in combination with an AHO (Affordable Housing Overlay) zone on a small portion of each, as shown on Exhibit C, attached hereto and made a part of this ordinance. 1. Marin County Assessor's Parcel Nos. 034-012-21, 27,28 & 29 and 034- 082-24 (commonly referred to as the Pan Pacific property; being approximately 17 acres, further described in attached Exhibit A). Town ofTiburon Ordinance No. 494 N.s. Effective 5/19/2006 I 2. Marin County Assessor's Parcel Nos. 034-012-26 (commonly known as the Oloumi property; being approximately 6.1 acres, and further described in attached Exhibit B) SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause 0 r phrase 0 f this chapter i s for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The Town Council declares that it would have passed this chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that anyone or more section, sentences, clauses or phrases be declared invalid. SECTION 4. 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 passage by the Town Council, 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 in the Town of Tiburon. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on AprilS, 2006, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on April 19, 2006, which was noticed pursuant to Government Code Section 65090, by the following vote: AYES: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Smith TOM GRAM, VICE MAYOR TOWN OF TIBURON AT~ - ~~. DIANE CRANE IACOPI, TOWN CLERK Town ofTiburon Ordinance No. 494 N.s. Effective 5/19/2006 2