HomeMy WebLinkAboutTC Ord 2004-06-02
ORDINANCE NO. 486 N. S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AMENDING THE POINT TIBURON
(NORTHWESTERN PACIFIC RAILROAD) MASTER PLAN (PD#42) TO
ACCOMMODATE AN EXPANSION OF THE
BELVEDERE-TIBURON PUBLIC LIBRARY
LOCATED AT 1501 ttBURON BOULEVARD
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1.
RECITALS AND FINDINGS.
1. In 1979, the Town adopted Ordinance No. 219 N.S. approving the Northwestern
Pacific Railroad Master Plan, which designated the westernmost portion of the 38-
acre former railroad property (adjacent to Mar West Street and depicted on
attached Exhibit "A") for Open Space use; and
2. The Town has subsequently amended the Northwestern Pacific Railroad Master
through adoption of Ordinances 278 N.S. and 371 N.S. in 1983 and 1991,
respectively; and
3. The 38-acre property was subsequently developed as the Point Tiburon
Subdivision; and
4. In 1984, the Town of Tiburon accepted, as part of the Point Tiburon Subdivision
Final Map, an offer of dedication from the owner of the property (The Innisfree
Companies) for the subject and adjacent property (collectively identified as Lot 10
of the Point Tiburon Subdivision) as "public open space and flood control use",
said offer of dedication containing reversionary clauses ifused for other purposes;
and
5. In Octo her 1997, The Innisfree Companies fully and forever released any
reversionary rights to Lot 10 in a Settlement Agreement and General Mutual
Release document recorded on January 8, 1999 as Serial Number 1999-0001725
of Marin County Records; and
6. Town ofTiburon is currently in receipt of an application from the Belvedere-
Tiburon Library Agency (BTLA) to amend the aforesaid Master Plan by allowing
the designation of approximately 16,000 square feet of Lot 10 for Public uses,
including public buildings; and
7. The Tiburon Planning Commission held a duly noticed public hearing on April 28,
2004, heard testimony from interested persons, and reconnnended approval of the
Town ofTiburon
Ordinance No.486 N.s.
Effective 07/02/2004
1
master plan amendment application to the Town Council by adopting Resolution
No. 2004-06.
8. The Town Council has previously adopted a Mitigated Negative Declaration for
the project; and
9. The Town Council held public hearings on May 19, 2004, and June 2, 2004, heard
and considered all public testimony on the matter, and has reviewed and
considered the entire project record; and
10. The Town Council finds that the project is consistent with the goals and policies of
the Tiburon General Plan; is in conformance with standards and regulations of the
Tiburon Zoning Ordinance; and is consistent with other provisions of the Point
Tiburon Master Plan and Point Tiburon Precise Plan, as set forth and documented
in the Staff Report dated May 19, 2004.
11. The Town Council finds that the master plan amendment will not be contrary to
the public health, safety or general welfare.
SECTION 2.
MASTER PLAN AMENDMENT.
The Town Council of the Town ofTiburon does hereby amend the Point Tiburon
Master Plan (PD#42) re-designating (in all material aspects of the Point Tiburon Master
Plan) approximately 16,000 square feet of land, as depicted on attached Exhibit "B",
comprising a portion of Lot 10 of the Point Tiburon Subdivision, from Open Space use to
Public use, including public buildings.
SECTION 3.
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 he declared invalid
or unconstitutional.
SECTION 4.
EFFECTIVE DATE
This Ordinance shall take effect and he in force thirty (30) days after the date of
passage and before the expiration of fifteen (15) days after its passage a copy of the
ordinance shall he 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.
Town ofTiburon
Ordinance No.486 N.s.
Effective 07/02/2004
2
This Ordinance was introduced at a meeting of the Town Council held on May 19,
2004, and was adopted at a regular meeting of the Town Council of the Town ofTiburon
on June 2, 2004, by the following vote:
AYES:
COUNCILMEMBERS:
Berger, Fredericks, Gram, Slavitz, Smith
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
A;2~.~~~
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
AT~/~
DI~E CRANE IACOPI, TOWN CLERK
S :Administrationtr own Council/Ordinances/Library/Master Plan Amendment 2004 Ordinance. doc
Town of Tiburon
Ordinance No.486 N.S
Effective 07/02/2004
3
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