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HomeMy WebLinkAboutTC Ord 1965-09-13 ORDINANCE NO. 40 AN URGENCY INTERIM ORDINANCE OF THE CITY OF TIBURON EXTENDING ORDINANCE NO. 22 FOR ONE YEAR AND AMENDING SECTION 4 OF ORDINANCE NO.. 22 The City Council of the City of Tiburon does ordain as tol lows: Section I. Findings. The City Council of the City of Tiburon does hereby find and declare that the following facts are true: (a) The City of Tiburon was incorporated only fourteen months ago and the Planning CommIssion is, In good faith, and as expeditiously as possible, conducting studies for the purpose of preparing and recommending to the City Council permanent ordinances and regulations relating to zoning. The Planning Commission has retained professional planning consultants, and a report by a duly appointed citizens committee is in the process of presentation to the planning commission. (b) On or about September 14, 1964, and pursuant to Section 65806 of the Government Code of the State of California, the City adopted interim zoning ordinance No. 22. Said ordinance would expire September 14, 1965. (c) To permit sufficient time for the Planning Commission and the City Council to receive, examine and act upon the recommendations of said Planning Commission and said citizens committee relating to permanent zoning ordinances and land use regulations, it Is necessary that the effect of the aforesaid Interim zoning ordinance be extended for a period of one (1) year pursuant to the provisions of Section 65806 of the Government Code. Section 2. Extension. Ordinance No. 22 should be and is hereby imme- diately extended for a period of one (I) year from and after September 14, 1965. Section 3. Amendment. Section 4 of Ordinance No. 22 is hereby amended to read as follows: "Section 4. APPLICATION FOR PERMIT. 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 use permit shall not be issued until the Issuance of said permit has been submitted to the Planning Commission for recom- mendation and until the issuance of said permit has been approved by the City Council. If no action is taken by the Planning Commission within forty (40) days following the submission to the Planning Com- mission of the application for a use permit, or such longer period as may have been agreed upon between the applicant and the Planning Commission, the application shall be deemed approved by the Commission. b) In the event the Planning Commission should disapprove or impose conditions upon the approval of any application for a use permit, the appl icant may, within thirty (30) days after the mailing 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 within such thirty-day period, the ~fieetlon shal I be deemed denied. I . c) The City Counci I, at its next regular meeting which is nOT less than seven (7) days following the receipt of said appeal by thE City Clerk, shal I hear such evidence as may be introduced concerning said appeal and make its findings thereon. The findings and action thereon of the City Counci I shall be final and conclusive. In the event of the approval of said appl ication, the City Clerk shal I forthwith notify the appl iCBnt, by mail, of said approval." Section 4. Statement of Urgency. In order to provide for the immediatE preservation of the publ ic peace, health and safety, which would be jeopardized were the aforesaid ordinance permitted to lapse, thereby depriving the City of any regulations of the development or use of lands, and frustrating the pur- poses and objectives of the studies and programs now being conducted in good faith by the Planning Commission and City Council of the City of Tiburon, it is necessary that this ordinance be adopted and take effect immediately as permitted in Section 36937 of the Government Code. Section 5. Separability. If any section, subsection, sentence, clause or phrase of this ordinance Is for any reason held to be invalid or unconsti- tutional by the decision of any Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordlnance~ The City Council of the City of Tiburon, State of California, hereby declares that It would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, Irrespective of the fact that anyone or more other sections, subsections, clauses or phrases be declared Invalid or unconstitu- tional. Section 6. Publication. Before the expiration of fifteen (15) days after the adoption of this ordinance, the same shal I be published with the names of the members voting for and against the same, at least once in a news- paper of general circulation published In the City of Tiburon. PASSED AND ADOPTED at a meeting of the City Council of the City of Tiburon on the ~ day of September , 1965, by the following vote: AYES: NOES: Councilmen: EI I Inwood, Hannahs, Hoffmire, Parnel I, Strawbridge Counci'men: None ABSENT: Counc i I men : None -; ~I ----- ...--;"-- ATTEST: ~. LAwOt~0~erk 2.