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HomeMy WebLinkAboutTC Ord 2011-11-02ORDINANCE NO. 534 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REZONING CERTAIN PROPERTY FROM OS (OPEN SPACE) TO P (PUBLIC/QUASI-PUBLIC) ZONE TO ACCOMMODATE AN EXPANSION OF THE BELVEDERE-TIBURON PUBLIC LIBRARY ASSESSOR PARCEL NO. 58-171-62 (portion) The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. RECITALS AND FINDINGS. 1. The Town of Tiburon is in receipt of an application (File #R2008-02) filed by the Belvedere-Tiburon Library Agency (BTLA), to rezone approximately 16,250 square feet of land located north of and directly behind the existing BTLA property at 1501 Tiburon Boulevard and the Tiburon Town Hall property at 1505 Tiburon Boulevard for purposes of an expansion to the existing Library facility. 2. The Tiburon Planning Commission held a duly noticed public hearing on September 14, 2011, heard testimony from interested persons, and adopted Resolution No. 2011-15 recommending approval of the rezoning to the Town Council. 3. The Town Council held a duly noticed public hearing on October 5, 2011, at which testimony was received and considered from interested persons. The Town Council also received and considered the report and recommendations of the Planning Commission. 4. The Town Council has previously certified an Environmental Impact Report for the project, including the proposed rezoning. 5. The Town Council finds that the proposed rezoning is consistent with the General Plan and other applicable plans, will not be detrimental to the public health, safety or welfare of the Town, and is consistent with the objectives and requirements of the Zoning Ordinance. SECTION 2. APPROVAL OF REZONING. The approximately 16,250 square feet of land, as depicted on attached Exhibit "A", comprising a portion of Lot 10 of the Point Tiburon Subdivision, is hereby rezoned from OS (Open Space) to P (Public/Quasi-Public) Zone on the Tiburon Zoning Map. Town of Tiburon Ordinance No. 534 N.S. Effective] 21212011 SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of the court of competent jurisdiction, such section, subsection, sentence, clause or phrase shall be deemed severable and shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. This Ordinance was introduced at a meeting of the Town Council held on October 5, 2011, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on November 2, 2011, by the following vote: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell & Slavitz NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 1 ~ i 1 r 1 i i D NE CRANE IACOPI, TOWN CLERK ATTEST: Attachment: Exhibit "A" L ti" JEF S ITZ, TIB~ ON TO F _~Town of Tiburon Ordinance No. 534 N.S. Effective] 21212011 2 Project Site OS Open Space L P Public/Quasi-Public NC Neighborhood Commercial O Office Area of Change 0 Source: 46 I drQ, is.co.marin.ca.us/MMDataviewer Exhibit "A" Area to be re-zoned from Open Space to Public/Quasi- Public on the Tiburon Zoning Map