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HomeMy WebLinkAboutTC Ord 1964-06-23 (7) ORDINANCE 1\_ , A.i" IP'lERHi ORDINANCE OF THE CIT::' OF TIBUL ADOPTING SUBDIVISION REGULATIONS FOR SAIr c=:,=:_ ADOPTING MARIN COUNTY ORDINANCE NO, 64C, AS AHENr::=-- ENTITLED I'MARIN COUNTY SUBDIVISION ORDINAl\:C-=- DESIGNATING CERTAIN COMMISSIONS AND OFFICIALS ~ ENFORCE SA rD REGULATIONS, PRESCRIB ING PEI~j\LT1ES For TEF:-- VIOLATIONS. AND DECLARING THIS ORDINANCF AN EMERGE1':-- HEASL'RI' TO' TAKE EFFECT IMMEDIATE:-_ , TnE C::...r\' Council.. 01: tne Ci'Cv of TiDLJtOn (weE", OYaCllL f 0 i i OVJ: Section 1. ADOPTION OF COUNTY ORDINANCE: urdlnanCE: 1'" , 640 of Marin County, Cal1tornla, as amended to date of in~r~- duction of this measure, excepting, however, Section XIl of sale. Ordinance, known as the "Marin County Subdivision OrdinanCE' , is hereby adopted by reference as an Ordinance of the City of Tiburon insofar as it is applicable to land within the boundaries of said Citr.. Three certified copies of said County Ordinance, and of the 'TIBURON PENINSULA SECTION OF MARIN COUNTY MASTER PLAN" and the "STREETS AND HIGHWAYS MASTER PLAN", which said County Ordinance, in turn, incorporates by reference, are on file with the City Clerk. Section 2. DEFINITIONS: The following words and phrases appearing in said incorporated sections shall have the following meanings: (A) "County" and llrounty of Marin" shall mean "City" and "City of Tiburoc'l, respectively. (B) "Board of SURervisors" and "Marin County Board of Supervisors" shall mean 'City Council" and "Tiburon City Council", respectively. (C) "Plannin0" Commission" and "Marin County Planning Commission" shall mean "Planning Commission of the City of Tiburon". (D) "Ordinance No. 180 of Marl n County" shall mean the Tiburon City ordinance regulating encroachments upon or beneath public streets (E) All other reference to boards, departments, officers, agents or employees of the County of Marin shall be construed to refer to their counterparts performing the same or similar functions for the City of Tiburon, including any County Boards, etc., so functjoning by arrangement between the County and the City. Section 3. PENALTIES FOR VIOLATION: (A) It is unlawtul tor any person to offer to sell, to contract to sell, or to sell any subdivision or any part thereof, until a final map or record of survey map thereof, in full compliance with the provisions of this Ordinance and the Sub- division Map Act of California, has been duly recorded or filed in the office of the County Recorder. (B) Any offer to sell, contract to sell or sale con- trary to the provisions of this Ordinance shall be a misdemeanor, and any person, firm, corporation, partnership, or co-partnership, upon conviction thereof, shall be punishable by a fine or not .Less Lna.r~ L'i.veni.nV-l:1Ve Cloj_l.al~E (S:~'.()C ane r:G: !DOre Li!a.r, '-',,- nundred doliars' (S50CLO(:). aT U\ lmDrlsonmem J.. cne counry ,,-, 1-or a Derl.OCi OJ nor more tnar E: l,) (c_, I mont:f:1E-, 01 [1\, DOtll se- fine and imlHls ODmen exceDt: ens notn in~ ner e:, r, con [8 inee, S i' ':.. ~ be oeemeo [Ollar an\. iegG"_~ eoui'Cpr!J"t. en f:;,umm.sr.\' x'emc;e' which the Cltv 0:- TIDuro;:; or otne:- DolitlcEj, sl!Uclivhn..o: , any persorl~ iinL~ corDoraL'iOl!.: na:ccnerSCIi.I" en CO-lJa:;'~Lnersr-.:' may otnerwise [\e entiLlee, anc: the Cj_r\' cf Tj,Dl1!:'OII or 8DV OCi'=- Do'lit.ieal Sllbdi visJ.on or Dersu:-, il.n".' ccrDoret~,crJ. Dartneu~:_ ()r co-partners111!-') mav fiJ'f-, (" f.U:':": :_). tnf SUDen or C:ourt 01 County of ]Vltlr:u) co reSlTaiL OJ CJJI an:i arreO.1'Jrec or DrOT"-lf subdivisjeiJ: or sal.C J.:\ v:inlacil'1' CJ tn:is (,]"'0:;.(,;:;".. SectlCm '-1'. NC'l RETROACTIVE' Tn::..s Ul'Ol,nAT,Cc ',' retroacti've and shall not lnval108rE" or p~l)(iel uniavvlu'j 8n\ covered by this City Ordinance whic~ naci ueen previouslY ~ Droved and authorized under sa id (Jrdtnanee No. 640 of the '~,()l=~_' ~f Marin, as amended, prior to the incorporation of TiDUI2 nor shall it reject, revoke, or invalida':e any '11SpS, insoectiu;- permits, recommendations, confirmations, authorizations~ c: approvals heretofore obtained under such Ordinances and reg, . lations applicable thereto. In a 11 cases, however, condit::toL and limitations previous],y imposed under s~ch Ordinances an reg~lations shall continue in full force and effect~. Any procedures heretofore commenced under said Ordi~ances and regulations applicable thereto shall be completed r:ursuant i:(, the comparable provisior..s of this City Ordinance as thoug}; cQ~nmenced hereunder from their inception, and any portioDE of SllCh procedures which were completed prior t::> the effective daLe of this Ordinance shall be co~sidered compliance with thr comparable procedures specified herein, provided, that any action tC10reui:lder to be taken by the lv'larin County Boa:cd of C:'lpervisors shall be taken hereafter by the Tiburon Ci~y Council. Section 5. ENAC'flViENT: This ordinance ts hereby de- clared to be temporary and an u~gency measure, to take effect immediately upon its adoption, such urgency being the immediate need within the rapidly growing and changing aLea of the newly incorporated cicy for application of comprehensive subdivision regulations, which will continue in effect and preserve the continuity of those previously applicable to the area under County administration until the City Planning Commission and City Council have had the opportunit~7 to study, prepare and adopt comprehensive regulations of their own. Said City Planning Commission intends to conduct studies as soon as pos- sible, and within a reasonable time, but in the interim such continuity of regulation is deemed by the Council necessary for the immediate preservation of the public peace, health and safety. This ordinance shall be posted in three public places within the City as designated by Council resolution. PASSED and AIOPTED at a meeting of the City Council of the City of Tiburon on the 23rd day of June, 1964 by the following vote: AYES: Councilmen: Strawbridge, Hoffmire, Ellinwood, Souza, Hannahs NOES: ABSENT: Councilmen: None Councilmen: None ~rr-~ tJ. MA YOR OF THE ~1A/ CITY OF TIB(fON A~,:T~r, ~'~K