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HomeMy WebLinkAboutTC Ord 1968-04-22 ORDINANCE NO.~___N.S. AN URGENCY INTERIM ORDINANCE OF THE CITY OF TIBURON REGU- LATING THE USE OF LAND AND BUILDINGS, PROVIDING FOR THE ISSUANCE OF PERl1ITS, PROVIDING FOR ENFORCEI1ENT, AND PRO- VIDING PENALTIES FOR VIOLATIONS' The City Counci.l of the City of Tiburon does ordain as follows: Section 1. FINDINGS. The City Council of the City of Tiburon finds and uec1ares as fol- 10'\;13 : (8) On February 13, 1968 the City Council of the City of Tiburon adopted Resolution No. 194, entitled, "A Resolution of the City Council of the City of Tiburon Approving the Anne:mtion of Certain Uninhabited Territory Designated 'Reedland Woods Unit No.1 (1968-1)' to the City of Tiburon", whereby the City anne~t:ed to the City of Tiburon the hereinafter described property; (b) That said anne~:::ation becClme effective upon the filing, with the Secreta.ry of State, of a certified copy of said resolution, which filing took place on February 16, 1968; (c) That prior to said enne::::ation, the described property was cninh.abited te'1:"ritory within the unincorporated portion of the County of l1aTin, and "'las zoned R-I: B-2, under the Marin County zoning ordinance; (d) That said property was not prezoned prior to its annexa t iGn', 't'IT:U:h the result that there is no zoning at the present time applicable to s,.;;d'~;, described property; (e) That adequ.?'::e and comprehensive zoning ordinances and regu- 1atione 3re needed in that certain area affected by this ordinance, and are necessary to provide the control required for proper planning and to prohibit the use of land, buildings and structures in a manner con- trary to the public peace, health, safety and welfare of the residents of the City, (f) That indiscriminate, unplanned and uncoordinated development of the land affected by this ordinance impairs the desirability of resi- dence and investments 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 citi- zens of Tiburon, (g) That the Planning Commission of the City of Tiburon is, in good faith, and as expeditiously as possible, conducting studies and holding hearings for the purpose of studying, preparing and drafting a zoning ordinance and. regulations that will apply to the area affected by this ordinance; (h) That the preparation of said comprehensive zoning ordinance and regulations will require a periodof t~e sufficient in duration that the public peace, health, safety and general welfare would be threatened without the enactment of this interim ordinance; (i) That utilization of property within the areas affected by this ordinance in a manner inconsistent with the comprehensive zoning ordinances or regulations 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 and regulations; 2/21/68 1. (j) 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 de- scribed which may conflict with said ordinances and regulations. Section 2. USE PERMIT REQUIRED. Except for existing uses in their present form, no land, building or structures located within the following described parcels shall here- after be developed, or used for any purpose, unless a use permit is issued therefor pursuant to the provisions of Ordinance No.9 N.S., as adopted by the City of Tiburon. Use permits shall not be issued if there is a determination and finding that said use will, or may, conflict with: (a) the General Plan of the City of Tiburon; or (b) such pro- posed ordinances and regulations which may be adopted, and which may be applied to the area described therein or any portion thereof: All that certain real property situated in the County of Marin, State of California, described as follows: Beginning at a point in the boundary of the City of Tiburon, as said boundary existed on January 24, 1968, said point being the intersection of the easterly line of Reed Ranch Road with the nor- therly line of the lands of the Northwestern Pacific Railroad Company, said land being described in the deed from John Reed to the San Francisco and San Rafael Railroad, recorded October 7, 1386, in Book 4 of Deeds, at Page 54, Marin County Records, said point of beginning also being the most southerly corner of Re~~dland Woods Unit 1 as shown on the "Map of Reedland Woods Unit 11 recorded in Book 13 of Maps at Page '23, Marin County Records, thence leaving said City boundary and thence from the POINT OF BEGINNING northwesterly and westerly along the common boundary between said lands of Northwestern Railroad Company and Reed1and Woods Unit 1 the following courses; N46023'OO\IW275.24 feet~ thence on a curve to the left having a radius of 849.00 feet through an angle of 18027'00'1 a distance of 273.39 feet, thence along a nontangent line N770l6'54" W 270.7B feet; thence N84049'08~' W 633.00 feet to the most southwesterly corner of Lot 21, as said lot is shown on said Map of Reedland Woods Unit 1, said corner also being the southeasterly corner of the parcel of land firstly described in Parcel One in the Final Order and Judgment on Condemnation, entered March 20, 1965, in Action # 25,928 in the Superior Court, Marin County, California, en- titled "Reed Union School District of Marin County, California, vs. Thomas B. Deffebach, Jr., et aIr!, recorded March 26, 1956, in Book 1016 at page 135, Marin County Records, thence leaving the boundary of said lands of the Northwestern Pacific Railroad Company and along the Easterly boundary of said Parcel One (1016 OR 135), North 5010'52" East 514.23 feet to the Nprth- easterly corner thereof, thence along the Northerly boundary thereof, South 88042'52'; West 57.38 feet, thence leaving said Parcel One (1016 OR 135), North 8015'46"1 East 250.92 feet, thence Easterly. aloni a curve concave to the Southwest, whose center bears South 2 05'00:1 West, havin~ a radius of 1,100.00 feet through a central angle of 4030'OOi for a distance of B6.39 feet; thence North 6035'00" East 134.08 feet; thence South 79020'00! East 196.82 feet, thence North 13050'00'1 West 1237.00 feet, thence North 88010'00:: East 630.00 feet to a point on the general westerly line of the parcel of land described in the Deed from Thomas B. Deffebach Jr., et al. to Reedcliff Inc., a corporation, recorded March 13, 1959, in Book 1262 of Official Records, at Page 363, Marin County Records; said point also lying in the exterior boundary of the City of Tiburon, Marin County,as said boundary existed on January 24, 1968; thence along said boundary and along the general Westerly line of said Reedcliff parcel (1262 OR 363) the following courses and distances; South 16030'00'1 West 106.00 feet; thence South 41010'00'1 West 88.00 feet; thence South 9"2.0'00'1 West 75.00 2/21/68 2. feet, thence South 54015'00" East 64.00 feet thence South 57.00 feet~ thence South 52020'0001 East 46.00 feet, thence South 26040'00,1 West 51.00 feet, thence South 165.00 feet, thence South 20000'001 East 58.00 feet, thence South 330 30'00" West 42.00 feet; thence South 2045'0001 West 140.00 feet; thence South 44015'001 West 82.00 feet~ thence South 16000'00' West 71.98 feet, thence South 55045'00'; East 429.99 feet; thence South~asterly along a curve concave to the Southwest, tangent to the preceding course, havin~ a radius of 375.00 feet through a central angle of 40045 00'1 for a distance of 266.71 feet; thence South 15000'0011 East 90.00 feet and thence Southerly along a curve con- cave to the Southwest, whose center bears South 76000'00: West, havin~ a radius of 430.00 feet through a central angle of 18 13' 01" for a distance of 136.72 feet to the Point of Beginning. The Parcel herein described containing 23.36 acres, more or less. Section 3. EXCEPTION. Notwithstanding anything that may be hereinabove contained to the contrary, the land described in Section 2 of this ordinance may be used without the necessity of obtaining a use permit under the provi- sions of this ordinance for any of the purposes permitted by the law applicable to said property immediately preceding the date of said annexation. ~-=-io~. 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 exeeding 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, conducted, 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 ac- tion or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law. Section 5. VALIDITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordi- nance. The City Council of the City of Tiburon, State of California, hereby declares that it would have passed this ordinance and each sec- tion, subsection, clause and phrase thereof, irrespective of the fact that one or more other sections, subsections, clauses or phrases be declared invalid or unconstitutional. Section 6. EFFECTIVE DATE. This ordinance is hereby declared to be an urgency measure and '+/4.168 3. shall be in full force and effect immediately upon its adoption. With- in 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 constituting.suah urgency are as follows: Erection, const~uction, conversion, alteration or moving of certain buildings and structures, or the new and different use of lands within the said property, cont~ary 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 Lmmediate operation of this ordinance is, therefore, necessary to protect the public peace, health, safety and general welfare. PASSED AND ADOPTED at a regular meeting of the City Counc il of the City of Tiburon held on April 22 , 1968, by the following vote: AYES: NOES: ABSENT: Councilmen: Drohan, Ellinwood, Fanning, Rice, Bremer Councilmen: None Counc ilmen: None ...- ~~~~ -' WILLIAM. ~yor of the City of Tiburon ~ ATTEST: ~~~ lAWRENCE'. , ty C er 4/4/68 4.