HomeMy WebLinkAboutTC Ord 1980-07-16
ORDINANCE NO. 227 N. S.
AN URGENCY ORDINANCE OF THE TOWN OF TIBURON AMENDING
SECTION IO-4(G) OF THE ZONING ORDINANCE, CONCERNING
NOTICE REQUIREMENTS FO~ PROCESSING OF MASTER AND
PRECISE DEVELD:h..iENT PLAN APPLICATIONS
THE TOWN COUNCIL OF THE TOWN OF TIBURON DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The Town Council does hereby find that as
a result of the enactment of Government Code Section 65950, the
State Legislature provided a maximum time limit within which a
lead agency must act upon a development project; that in order for
the Planning Commission and Town Council to adequately review,
consider and evaluate development projects in the RPD zones,
including the necessary environmental reports incident thereto, it
is essential that they be able to utilize the entire one year
period provided by State Law within which to act; that the present
regulations of the RPD zone which provide that notice must be
published 10 calendar days before the hearing on the project are
excessive and deprive the Town of critical time which it needs
to properly evaluate development projects in the RPD zone; that
adequate and reasonable notice may be given by amending the notice
provisions to reduce the notice period from 10 calendar days to
5 calendar days before the hearing, and to further provide that
notice may be published in any newspaper of general circulation
in the Town; that the Town has applications now pending which
require utilization of the full one year period; that in order
to properly evaluate these projects within the restrictive time
limits prescribed by the State Legislature, it is necessary, to
protect the public safety, health and welfare, that the Town
adopt this ordinance as an urgency ordinance and that it go into
effect immediately upon its adoption pursuant to California Govern-
ment Code Section 36937.-
Section 2. Section 10-4(G) of the Zoning Ordinance of
the Town of Tiburon is hereby amended to read as follows:
"10-4(G). Requirements of Master and Precise Plan.
Owners of land within the RPD zone who desire development
shall, prior to any land or road grading or subdivision,
and prior to any improvements being made on said property,
submit a Master Plan to the Planning Commission, together
with the required fee. No building permit shall be issued
for improvements of any type until (a) a Master Plan and
Precise Plan for the development have been acted upon by
the Planning Commission and recommendations thereon made
to the Town Council, and (b) the Council has approved the
Master Plan by Ordinance and the Precise Plan by Resolution.
The procedure for approval of the Master Plan shall be the
same as that provided by State Law for the adoption of a
zoning ordinance with the exception however, that notice of
hearings before the Commission and Council shall be sufficient
if given at least 5 calendar days before the hearings, and
if published in any newspaper of general circulation in
the Town of Tiburon."
Section 3. This ordinance is adopted as an urgency
measure pursuant to the provisions of California Government Code
Section 36937 and shall go into effect immediately upon its adoption.
Section 4. Before the expiration of fifteen (15) days
after the adoption of this ordinance, the same 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.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon held on July 16 , 1980 by
the following vote:
AYES:
NOE S :
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Edelstein, Bergsund, Rockey, Bass
None
Hanson
. L/ ~t-.-
~~O
Mayor of the Town of Tiburon
ATTEST4:?///d fA
R. L(!1f'~r/Clerk