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Home My WebLink AboutTC Ord 1967-02-27 (2) ORDINAt!CE NO. 73 An URGENCY INTEPIH ORDINAl'lCE OF THE CITY OF TIBUnm1 REGULliTIHG THE USE OF LAND AND BUILDINGS, PROVIDING FOR THE ISSUANCE OF PEPJUTS, PROVIDING FOR ENFORCEHENT ~ AtID PROVIDING PENALTIES FOR VIOLATIONS The City Council of the City of Tiburon does ordain as follows: Section 1. FINDINGS~ The City Council of the City of Tiburon finds and declares as follows: (a) The City has been incorporated for a relatively short period of time, its articles of incorporation having been filed with the Secretary of State on June 23, 1964; (b) That adequate and comprehensive zoning ordinances, regulations, and a final general plan, are needed in those certain areas of the City affected by this ordinance; (c) That such adequate, comprehensive ordinances, regulations and plans do not now exist, but that they are necessary to provide the control necessary for proper planning and to prohibit the use of land, buildings and structures in a manner contrary to the public pease, health, safety and general welfare of the residents of the City; (d) That indiscriminate, unplanned and uncocrdiTh~ted development of the land affected by this ordinance impairs the desirability of residence and invest- ments in the City; fails to attain the optimum use and value of the land; fails to promote an integrated land pattern; and causes special harm and injury to the economy of the City of Tiburon and to the general prosperity, health, welfare and safety of the citizens of Tiburon; (e) That the Planning Cc~mission of the City of Tiburon is, in good faith, and as expeditiously as pessible, conducting studies, and holding hearings, and has retained professional planning consultants for the purpose of studying End preparing plans, and assisting in the drafting of a permanent zoning ordinance for the City; that the Planning Commission has under study proposed amendments to the Tiburon Peninsula General Plan; (f) That the Planning Commission intends, within a reasonable time, in good faith, to conduct studies and hold hearings to implement a comprehensive 00ning ordinance, and regulations that may apply to the areas affected by this ordinanc~; (g) That the preparation of said comprehensive zoning .ordinance, regulations and plans will require a period of time sufficient in duration that the public peace, health, safety and general welfare would be threatened without the enactment of this bnterim ordinance; (h) That utiliziation of property within the areas affected by this ordinance in a.manner incor.fistent with the comprehensive zoning ordinances, regulations or plans under study and to be studied will seriously impede the effectiveness of such zoning and will impair or prevent the implementation of the said ordinances, regulations and plans; (i) That it is necessary to adopt an interim zoning ordinance, in accordance with the provisions of Government Code Section 65858, prohibiting the establishment of any uses in the areas hereinafter described which may conflict with said ordinances, regulations and plans. -1- 2/14/67 Section 2. USE PEroUT REQUIRED. Except for existing uses in their present form, no land, building or structures located ~\1ithin the present railroad right of Hay from the northern city limits to the waterfront on Paradise Drive shall hereafter be developed, or used for any purpose unless a use permit is issued therefor pursuant to the provisions of this ordinance. Use permits shall not he issued if there is a determination and finding that said use will, or may, conflict with: (a) the said proposed amendments to the general plan; (b) such proposed ordinances and regulations as may be necessary to implement the said proposed amendments; (c) such proposed comprehensive zoning ordinances, regulations and plans which may be adopted and which may be applied to the area described herein, or to any portion thereof. Section 3. APPLICATION FOR PERInT A use permit shall not be issued pursuant to the provisions of this ordinance until the issuance of said permit has been approved, as provided herein. (a) A written application shall be filed with the Plannine Commission, which shall either approve, deny, or conditionally approve the application. If no action is taken by the Planning Commission within forty (40) days following the filing of the application, or such longer period as may have been agreed upon between the applicant and the Commission, the application shall be deemed approved. (b)In the event the Planning Commission should dir...fprcvc or 1npoGc conditions upon the approval of any application for a use permit, the applicant may, within thirty (30) days after the nailing of notice of Planning Commission action, file with the City Clerk a written appeal. In the event the Planning Commission should disapprove any application for a use permit and such appeal is not filed ~~thin such thirty-day period, the application shall be deemed denied. (c)The City Council, at its next regular meeting '1hich is not less than seven (7) days following the receipt of said appeal by the City Clerk, shall hear such evidence as may be introduced concerning said appeal and make its find- ings thereon. The findings and action thereon of the City Council shall be final and conclusive. In the event of the approval of said application, the City Clerk shall forthwith notify the applicant, by mail, of said approval. (d)All use permits, when approved by: the Commission, or, if an appeal is taken, by the Council, shall be issued by the Department of Lands and 'iDevelopnent Section 4. ENFORCEMENt. Any person, firm or corporation, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of the provisions of this ordinance, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for- a term not exceeding six (6) months, or by both such fine and imprisonment. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this ordinance is committed, continued or permitted by such person, firm or corporation and shall be punishable as herein provided. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this ordinance or any use of land, buildings or premises established, oonducted, operated, or maintained contrary to the provisions of this ordinance shall be and the same is hereby declared to be unlawful and a public nuisance and the City Attorney of said City shall commence action or proceedings for the abatement and removal and enjbinncnt thereof in the manner provided by law. -2- 2-14-67 Section 5. VALIDITY If any section, subsection, sentence, dlause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdtction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Tiburon, State of California, hereby declares that it lvould have passecl this ordinance and each section, subsection, sentence, clause and phrase thereof~ irrespective of the fact that one or more other sections, subsections, clauses or phrases be declare invalid or unconstitutional. Section 6. EFFECTIVE DATE. This ordinance is hereby declared to be an urgency measure and shall be in full force and effect immediately upon its adoption. Hithin fifteen (15) days after adoption, this ordinance 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 City of Tiburon. The conditions constitutirg such urgency are as follows: Erection, construction, conversion, alteration or moving of certa~n buildings and structures, or the new and different use of lands within the e~isting railroad right of 'VJaY of the northern city limits to the water ic. front' of Paradise Drive contrary to the provisions of this ordinance is deemed to be a menace to the public health, safety, peace and general welfare for the reasons set forth in Section 1 hereof; the immediate operation of this ordinance is, therefore, necessary to protect the public health peace, safety and general welfare. PASSED AND ADOPTED rt a regular meetinr, of the City Council of the Cityof Tiburon held on February 27 , 196~, by the following vote: AYES: Councilmen: Bremer, Drohan, Fanning, Strawbridge, Hoffmire NOES: C6uncilmen: None ABSENT: Councilmen: None / ! I /~ CERTIfICATION OF CITY C~JlK I, la"F.nce D. RDse, ~~ty CleJ:'kof the City of Tiburon, Q)unty of Mar~n, State of <'alifomia, do hereby ce1:'tify tbat the attacbed i8 a true al)d exact copy of J Ordinance No. 21-, Inti tle4 AN URGENCY INTERIM ORDINANCE OF THE CITY OF TIBURON REGULATING THE USE OF LAND AND BUILDINGS, PROVIDING FOR THE ISSUANCE . OF PERMITS, PROVIDING FOR ENFORCEMENT, AND PROVIDING PENALTIES FOR VIOLATIONS. f rib February 2-7; 1967 which was cluly ~4opt..~ by the ~1#lcl1 of the ~ity 0, uron 0,,- 1 1 1, March 8 1967 an4 ~he~~f1:~~ pu~lis~d i,n a ~8~~e~ of seJ:)era c rc,- at..on on , in acco~nce with Q;)ye~~~~ CQ4~ of t~~ S~te of <'al~~omia~. /' ~-- ~ /~ C~-;)~; C1ty -.1:1< ... By 2/'4/67 -3-