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Tiburon Town Code Title IV
Chapter 16 Zoninq
Introduction
TOW N
o F
T I BUR 0 N
Z 0 N I N G
o R DIN A N C E
ORDINANCE NO. 360 N.S.
Adopted November 26, 1990
Effective December 26, 1990
An Ordinance of the Town of Tiburon adopting a zoning plan
for said Town by establishing various zones within which
certain regulations shall be in effect relating to the uses
of land and buildings, height limits of buildings, and yards
and open spaces about buildings; requiring that certain
permits shall be secured for certain of such buildings and
uses; defining certain terms used herein; and specifyi~g the
procedure for the amendment, and prescribing penalties for
the violation of any of the provisions hereof; repealing all
other Ordinances or parts of Ordinances in conflict therewith.
Prepared By
Town of Tiburon
Planning Department
1155 Tiburon Boulevard
Tiburon, CA 94920
415-435-0956
SUMMARY TABLE OF CONTENTS
Introduction
Subchapter 1
Subchapter 2
Subchapter 3
Subchapter 4
Subchapter 5
Subchapter 6
Subchapter 7
Table of Contents Overview
Purpose, Scope and Definitions
Zones: Establishment and Regulations
Application Procedures & Zoning Permit
Review Authority
Zoning Permits
.General Regulations
Inclusionary Housing
Adoption
Ordinance No. 360 N.S.
Effective 12/26/90
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Tiburon Town Code
SUBCHAPTER 7: ADOPTION
Chapter 16: Zoning
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SECTION 7.01.00. FINDINGS.
WHEREAS, the Final Environmental Impact Report for the
Tiburon General Plan Update has been certified by Resolution No.
2632, adopted September 28, 1989; and
WHEREAS, the Town has re-circulated the Final Environmental
Impact Report for the General Plan Update as the environmental
document for this Zoning Ordinance revision, and
WHEREAS, the Town Council has reviewed and considered the
information contained in the Final Environmental Impact Report
prior to adopting the Zoning Ordinance revision; and
WHEREAS, The Town Council has made written findings"
entitled Exhibit "A", and adopted a monitoring program, entitled
Exhibit "B", as required by the California Environmental Quality
Act; and
WHEREAS, the Town Council has determined that the benefits
of the Zoning Ordinance revision outweigh the unavoidable
significant adverse environmental effects identified in the Final
Environmental Impact Report; and
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WHEREAS, the Planning Commission held public hearings and
accepted public testimony on the Zoning Ordinance revision on
1/10/90, 1/24/90, 1/30/90, 6/27/90, 7/9/90, 7/11/90, 7/23/90,
7/25/90, 8/8/90, 8/20/90, 8/22/90, 8/28/90 and 9/12/90; and
WHEREAS, the Town Council has held public hearings and
accepted public testimony on the Zoning Ordinance revision on
2/21/90, 3/7/90, 3/21/90, 4/4/90, 10/3/90 and 10/16/90; and
WHEREAS, all notices and procedures required by law
attendant to the adoption of the Zoning Ordinance revision have
been followed; and
WHEREAS, the Planning Commission and Town Council have found
that the Zoning Ordinance revision is consistent with the goals
and policies of the Tiburon General Plan.
Ordinance No. 360 N.S.
Effective 12/26/90
Page 204
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Tiburon Town Code
Chapter 16: Zoning
SUBCHAPTER 7: ADOPTION
SECTION 7.02.00. ADOPTION.
NOW, THEREFORE, BE IT RESOLVED that the Tiburon Zoning
Ordinance revision is hereby adopted.
BE IT FURTHER RESOLVED that the Town re-certifies in Exhibit
"A" the written findings and findings of overriding
considerations that were adopted with the original certification
of the General Plan Update Final Environmental Impact Report,
pursuant to the California Environmental Quality Act; and further
re-certifies in Exhibit "B" the mitigation reporting and
monitoring plan, which was adopted with the original
certification of the General Plan Update Final Environmental
Impact Report, as required by the California Environmental
Quality Act; and
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BE IT FURTHER RESOLVED that the Town Manager is directed to
file a Notice of Determination with the County Clerk and the
Office of Planning and Research.
SECTION 7.03.00. SEPARABILITY.
7.03.01. Parts of Ordinance. 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.
7.03.02. Uses of Land as Applied. Should the applicability of
any provision of this Ordinance to any parcel of land or
structure be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the applicability of such
provision to other parcels or structures.
SECTION 7.04.00. 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 exp1ration 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.
Ordinance No. 360 N.S.
Effective 12/26/90
Page 205
Tiburon Town Code
SUBCHAPTER 7: ADOPTION
Chapter 16: Zoning
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon on November 26, 1990, by the following vote:
AYES:
COUNCILMEMBERS: Logan, Thayer, Friedman
,Coxhead, Kuhn
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
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PETER B. La
Town of Tibu
See Exhibit A and Exhibit B
Ordinance No. 360 N.S.
Effective 12/26/90
Page 206