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HomeMy WebLinkAboutTC Ord 1970-11-09 ORDINANCE NO. 62 N.S. AN URGENCY INTERIM ORDINANCE OF THE CITY OF TIBURON REQUIRING DESIGN REVIEW WITHIN THE liD-"I. RO-2. R-I. and R-2 ZONING DISTRICTS The City Council of the City of Tiburon does ordain as follows: Section 1. Findings. The City C0uncil of the City of Tiburon finds and declares as follows: (a) The Tiburon Zoning Ordinance as it presently reads does no,t require Design Revievl approval for structures constructed in the RD-l, R()...2, R-I, and R-2 zoning districts: (b) The construction of structures within the RO-I, RO-2, R-i, and R-Z zoning districts without Design Review approval may impair the desirability of residence and investments within the City; may fail to attain the optimum use and value of the land; may fail to promote an integrated land pattern; and may cause special harm and injury to the economy of the City of Tiburon and to the general health, welfare, and public safety of the citizens of Tiburon; (c) The Planning Commission of the City of Tiburon is, in good faith, and as expeditiously as possible, conducting studies and holding hearings aimed at amending Section 11 of the Tiburon Zoning Ordinance so as to require Design Review app'"rw..,l ;T"l t:h~ said zoning districts. (d) The adoption of the said amendment will require a period of time sufficient in duration that the public health, peace, safety, and Helfare would be threatened without the enactment of this interim ordinance; (e) It is necessary to adopt an urgency interim ordinance, in accordance with Government Code Section 65858, prohibiting the construction of these structures in the RO-l, RO-2, R-I, and R-2 zones as described in this ordinance ,,,ithout Design Revieu approval; (f) It is the iptent of this ordinance to prohibit large struc- tures which obstruct the views of nearby property and ,.hich are not compatible 'lith the established scale of the neighborhood. It is not the intention to place an unreasonable handicap on applicaQts where site conditions are so difficult as to prevent the flexibility provided for in this ordinance. (g) Notice pursuant to Government Code Section 65856 has been published, and a public hearing has been held, relating to this interim ordi- nance. - 1- By Draft D3.tc: 11/9/70 Section 2. Amendments to Zoning Ordinance. (a) Section 11 A of the Tiburon Zoning Ordinance is hereby amended to read as follows: "A. No parcel shall be used for three or more separate buildings, nor shall any building be constructed in the P, A-2, RP, R-3, PA, CV, or CG zones, nor on any lot for which a variance or conditional use permit has specifically required Design Review, nor shall any structure be constructed in the RO-1, RO-2, R-l, and R-2 zones, \-]hich structures exceed 2 stories or 30 feet in height at anyone point, nor in any other circumstances requiring Design Review by this ordinance unless in compliance uith all the following Design Revieu requirements:" (b) Section 11 of the Tiburon Zoning Ordinance is hereby amended by adding Subsection 11 (F) to read as follows: "(F) Notuithstanding the provisions of Subsections (C) and (8) of this Section, the action of the Board of Design Review on applications filed pertaining to structures to be constructed in the RO-1, R0-2, R-1, and R-2 zones shall be limited to consideration of the compatibility with the established scale of the neighborhoon and to the preservation of views from adjacent and other affected building sites, whether developed or undeveloped." (c) Section 11 of the Tiburon ~oning Ordinance is hereby amended by adding Subsection 11 (G) to read as follolJs: "(G) The Planning Director shall mail notices of all applications for Design Review approval to all property owners Hithin 300 feet of the exterior boundaries of the subjec t property, using the o\merships, names, and addresses from the last adopted tax roll. Such notice shall be mailed at least 15 days prior to the hearing at \\7hich the application Hill be heard; hOHever, the failure of any property owner to receive the notice shall not invalidate the proceedings." (d) For the purposes of applying Section 11 of the Tiburon Zoning Ordinance, the definition of "Height of Building or Structures shall be as follo\-Js: liThe vertical distance at any point Hithin the perimeter of the structure from the undisturbed natural ground or existing grade level to the highest part of the structure at that point." (e) "For the purposes of applying Section 11 of the Tiburon Zoning Ordinance, the definition of I Storyl shall be as fol10HS: "TIle vertical space from the finished floor to the finished ceiling or an underfloor By Draft Date: 11/9/70 - 2- area in Hhich any clear vertical distance from the ground to the ceiling structure equals 6 feet or more. One such space located directly above the other shall be construed as t"O stories." Section 3. 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 a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tiburon hereby declares that it would have passed this ordi- nance, and each section, subsection, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 4. Effective Dute. This ordinance is hereby declared to be an urgency measure and shall take effect immediately upon adoption by a four- fifths vote of the City Council, and shall continue in effect until amended, repealed, or for a period of one year from the date of its adoption, whichever period is less. Section 5. Publication. Within fifteen days after its passage, this ordinance shall be published, with the names of the members voting for and against the same, at least once in a ne'lspaper of general circulation published in the City of Tiburon. PASSED AND ADOPTED AT a meeting of the City Council- of the City of Tiburon held on November 9 . 1970, by the following vote: AYES: COUNC ILMEN : Becker, Ellinwood, Sennett, Rice NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Fanning ____~ ~~ DENIS T. RICE Mayor of the City of Tiburon ATTEST: ~ ~I- ~. IAHRE . . ROSE, Cl. ty Clerk - 3- By Draft Date: 11/91(70