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HomeMy WebLinkAboutTC Ord 2017-06-21 ORDINANCE NO. 574 N. S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING TITLE I, CHAPTER 2, SECTION 2-20 OF THE TIBURON MUNICIPAL CODE REGARDING THE COMPOSITION OF THE DESIGN REVIEW BOARD BE IT ORDAINED BY THE TOWN COUNCIL AS FOLLOWS: SECTION 1. FINDINGS. A. The Town Council seeks to ensure that all members of the Town's Design Review Board are required to be residents of the Town of Tiburon. B. The Town Council held a duly noticed public hearing on June 7, 2017 and has heard and considered all 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 adoption of this amendment is consistent with the goals and policies of the Tiburon General Plan. E. The Town Council finds that adoption of this ordinance is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 in that the amendment does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt per Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that the proposed amendment will have no significant adverse effect on the environment. SECTION 2. AMENDMENT OF MUNICIPAL CODE. Title I, Chapter 2, Section 2-20 of the Tiburon Municipal Code is hereby amended to read as follows: The design review board shall consist of five (5) members, at least one of whom should be a professional architect, and all of whom shall be residents of the Town of Tiburon. Members shall be appointed by the affirmative vote of a majority of the town council, and may be removed by the affirmative vote of a majority of the town council. SECTION 3. SEVERABILITY. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision 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 Town of Tiburon Ordinance No. 574 N.S. Effective July 21, 2017 Page I 1 section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. 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 published in the Town of Tiburon. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on June 7, 2017, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on June 21, 2017, by the following vote: AYES: COUNCILMEMBERS: Fraser, Fredericks, O'Donnell NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None VACANCIES: Two i JIM F AYOR TO" F TIBURON ATTEST: �p�,Cu'l�,� LEA STEF NI, TOWN CLERK Town of Tiburon Ordinance No. 574 N. S. Effective July 21, 2017 Page 2