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HomeMy WebLinkAboutTC Ord 1970-06-22 AFFIDAVIT STATE OF CALIFORNIA COUNTY OF MARIN CITY OF TIBURON ) ) ) ss PHIL V. SCOTT, being first duly sworn deposes and says: That at all times herein mentioned he was and now is the DEVELOPMENT ADMINISTRATOR of the City of Tiburon, California; that pursuant to Section..s61l1,3 of the Government Code, of the State of California, he posted at three public places within the City of Tiburon to wit: the City Hall 80 Main Street, Tiburon Fire Department 1679 Tiburon Blvd. and Tiburon Fare Department, Trestle Glen Blvd. and Paradi e Drive ,.....e. .. S, ~.,. .. .,. ~ PI.... r a copy of which is . . hereinafter set forth in the form attached hereto. Said I1'rcl~~~~ was posted on the aforementioned places in the City of Tiburon on the!Wtlday of Jw... II , 19a. ~~~ Development Administrator of the City of Tiburon Subscribed and sworn to before me, a City Clerk in and for said County and Stat~he.21~daY of ~ 19 ;7~ ~~~ ORDINANCE NO. 51 N.S. AN ORDINANCE OF THE CITY OF TIBURON ADOPTING A M\STER PlAN FOR PROPERTY CONHONLY KNOWN AS HIlARlTA . The City Council of the City of Tiburon does hereby ordain as follows: Section 1. Findings. The City Council of the City of Tiburon does hereby find with regard to the Master Plan (described herein) as follol-1s: (a) The proposed plan (described herein) can be completed within four years. (b) Each individual unit of development, as well as the total develqpment, can exist as an independent unit capable of creating an environment of sustained desirability and stability; that the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect. / ,/ (c) The streets and thoroughfares proposed are.suitable and adequate to carry anticipated traffic, and increased densities will not geperate traffic in such amounts as to overload the street network outside the PD zone. (d) Any proposed commercial development can be justified economically at the locations proposed to provide for adequate commercial facilities of the types proposed. (e) Exceptions from standard ordinance requirements are warranted by the design and amenities incorporated in the Master Plan, in accord with adopted policy of the Planning Commission and the City Council. (f) The area surrounding the development can be planned and zoned in coordination and substantial compatibility l~ith the proposed develop- ment. (g) The Master Plan is in conformance ,"1i th the General and Precise Plan of the City of Tiburon; and (h) Existing or proposed utility services are adequate for the population densities proposed. Section 2. Approval. The Hilarita PD Master Plan, as prepared by Kaplan and Mclaughlin and E. ~ Schaffran & Company, consisting of the following exhibits, is approved sub- ject to the conditions set forth in Section 3: A. Site Study., dated 17 March, 1970. B. Building Density Site Study, dated 4 April, 1970. C. open Space and Circulation Site Study, dated 4 April, 1970. D. Land Use Map, dated 4 April, 1970. E. Site Section, dated 4 April, 1970. F. Financial Feasibility ,Study, dated 21 April, 1970. G.PD Master Plan Filing Statement, dated 12 February, 1970. Section 3. Conditions. Approval of the ~hster Plan is subject to the following conditions: (a) There shall be submitted ldth the Precise Plan a staging and t'elocation plan satisfactory to the City Council which shall provide for the maximum number of the present residents of Hilarita being rehoused on the site. Said Plan shall also provide, insofar as possible, that residents will not be relocated in other off-site areas during construction. Draft Date: Revised: 5/28/70 6/8/70 1. (b) Provisions satisfactory to the City Council shall be made to insure that all existing buildings will be demolished and removed from the area within ninety (90) days following completion of the moderate- income development. (c) The property shall be subject to all applicable land division regu- lations of the City of Tiburon. (d) Development on the 4.8-acre parcel shall not be commenced until con- struction has begun on the property devoted to moderate-income units. A maximum of 6 Single-family residences shall be allowed on the 4.8- acre parcel and shall be located on the lOl-1er half of said parcel. No more than 112 units shall be allowed on the 8-acre parcel devoted to moderate-income housing as shown on Exhibit D. (e) Provision satisfactory to the City Council shall be made prior to approval of the Precise Plan for the dedication of a pedestrian way along the northerly side of the 8-acre parcel leading to the open hillside area on the upper portion of the 4.8-acre parcel. Section 4. Separability. 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 a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Tiburon hereby declares that it would have passed this ordinance, and each section, sub- section, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, clauses or phrases may be declared invalid or uncon- stitutional. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after the date of passage, and before the expiration of fifteen (15) days after its passage, the same 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. PASSED AND ADOPTED at a meeting of the City Council of the City of Tiburon held on June 22 , 1970, by the following vote: A YES : COUNCILMEN: Becker, Ellinwood, Sennett NOES: COUNCILMEN: Ri c e ABSENT: COUNCILMEN: Fanning ~~~/"'-- DENIS T. RICE Mayor of the City of Tiburon ATTEST: ~-_. /?~ IA NeE D. ROSE, City Clerk Draft I8te: Revised: 5/28/70 6/8/70 2.