HomeMy WebLinkAboutTC Ord 58
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ORDINANCE NO. 58
AN URGENCY INTERIM ORDINANCE OF THE CITY OF TIBURON
REGUIATING THE USE OF lAND AND BUILDINGS, PROVIDING
FOR THE ISSUANCE OF PERMITS, PROVIDING FOR ENFORCE-
MENT, AND PROVIDING PENALTIES FOR VIOIATIONS
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;
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;
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 peace, health, safety and general welfare of the
residents of the City;
That indiscriminate, unplanned and uncoordinated development
of the land affected by this ordinance impairs the desirability
of residence and investments in the City; fails to attain the
opt~ use and value of the land; fails to promote an inte-
grated 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;
That the Planning Commission of the City of Tiburon is, in
good faith, and as expeditiously as possible, conducting
studies, and holding hearings, and has retained professional
planning consultants for the purpose of studying and preparing
plans, and assisting in the drafting of a permanent zoning or-
dinance for the City; that the Planning Commission has under
study proposed amendments to the Tiburon Peninsula General
Plan;
(b)
(c)
(d)
(e)
(f)
That the Planning Commission intends, within a reasonable time,
in good faith, to conduct studies and hold hearings to imple-
ment a comprehensive zoning ordinance, and regulations that
may apply to the areas affected by this ordinance;
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 in-
terim ordinance;
(g)
(h)
That utilization of property within the areas affected by this
ordinance in a manner inconsistent with the comprehensive
1.
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(i)
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 or-
dinances, regulations and plans;
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 herein-
after described which may conflict with said ordinances, regu-
lations and plans.
$ ee.f4M1lI Z. US E PERMIT REQUIRED.
_.,-_.,~, - -- . --..--.-...-.
E5tcept'"f~~ existing lISas in tihet]!' present :lot'dl, no ~ Duild-
ings e-r atr~Qtures leeafed within any A-2 zone shall he:featt~r be
developed, or used for any purpose unless a use permit is issued there-
for pursuant to the provisions of this ordinance. Use permits shall
not be 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
pli8pesea eomprehensive zoniBg erdiB.aBees, regulati61lS a:nd ,~. ... '"?
~hieh -y be adopted and wkiG:a my .. applied to tIlle a:tea .eS'Criied<
herein, or t'-o any portion ~h@reof.
Section 3. APPLICATION FOR PERMIT.
A use permit shall not be issued pursuant to the prov~s~ons of
this ordinance until the issuance of said permit has been approved,
as provided herein.
(a)
A written application shall be filed with the Planning Commis-
sion, which shall either approve, deny, or conditionally approve
the application. If no action is taken by the Planning OrnDnis-
sion within forty (40) days fo~ing the filing of the appli-
cation, or such longer period as may have been agreed upon
between the applicant and the ~ission, the application shall
be deemed approved.
In the event the Planning Commission should disapprove or im-
pose conditions upon the approval of any application for a
use permit, the applicant 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 application shall be deemed denied.
(b)
(c)
The City Council, at its next regular meeting which is not
less than seven (7) days following the receipt of said appeal
by the City Clerk, shall hear such evidence as may be intro-
duced concerning said appeal and make its findings 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 appli-
cant, by mail, of said approval.
All use permits, when approved by the Commission, or, if an
appeal is taken, by the Council, shall be issued by the Depart-
ment of Lands and Improvements.
(d)
2.