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HomeMy WebLinkAboutTC Ord 2012-02-15NOT FOR CODIFICATION ORDINANCE NO. 538 N. S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PREZONING UNINCORPORATED TERRITORY (SODA PROPERTY) IN THE PARADISE DRIVE PORTION OF THE TIBURON PLANNING AREA (ASSESSOR PARCEL NUMBER 039-301-01) The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. FINDINGS. A. On January 26, 2011, the Planning Commission adopted Resolution No. 2011-05 recommending to the Town Council prezoning of certain unincorporated territory within the Tiburon Planning Area. B. The Town Council held a duly noticed public hearing on August 3, 2011 and heard and considered public testimony on the proposed Ordinance. C. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council finds that the actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare. E. The Town Council finds the actions made by this Ordinance to be consistent with the goals and policies of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. F. The Town Council finds that the proposed prezoning action was fully evaluated in the Alta Robles Environmental Impact Report that has previously been certified by the Town Council and that no further environmental review is required prior to approval of the prezoning. G. The Town Council has advised the applicant, and the applicant has acknowledged, that the maximum pre-zoning density set forth below in no way commits the Town Council to approve a development at that density and a lesser density may be approved through the adoption of a subsequent Precise Development Plan applicable to the subject territory. SECTION 2. PREZONING OF TERRITORY The territory described below is hereby prezoned with a zoning designation of RPD (Residential Planned Development); with a maximum density not to exceed 0.34 dwelling units per acre (exclusive of secondary dwelling units ancillary to single family dwellings), and is incorporated into Planned Development No. 20 in Title IV, Chapter 16 (Zoning), Section 16-14.020 of the Municipal Code: Town of Tiburon Ordinance No. 538 N.S. Effective 0311612012 Marin County Assessor's Parcel No. 039-301-01, commonly referred to as the SODA property; being approximately 20.95 acres, further described in attached Exhibit A and depicted graphically for illustration purposes only on attached Exhibit B, both incorporated herein. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The Town Council declares that it would have passed this chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, sentences, clauses or phrases be declared invalid. 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 passage by the Town Council, 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 in the Town of Tiburon. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on November 16, 2011, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on February 15, 2012 by the following vote: AYES: COUNCILMEMBERS: Collins, Doyle, Fraser, Fredericks, O'Donnell NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None r ~l JIM F MAYOR TO TIBURON r ATTEST: DIANE CRANE IACOPI, TOWN CLERK Exhibits: A. Legal Description B. Graphic Depiction Town of Tiburon Ordinance No. 538 N.S. Effective 0311612012 2 T T T ~^t. ~I~ Y DESCRIPTION ALL THAT CERTAIN real property situate partly in the City of Tiburon, County of Marin, State of California, described below as follows: PARCEL ONE: Parcel 1, as shown upon that certain Parcel Map entitled "Parcel Map Snyder, Winslow, Kilgore, Mills College Land Division, a Portion of Parcel One, Two and Three under Recorder's Serial No. 84-0029582 and Under Recorder's Serial No. 86-0074047", filed for record March 26, 1997 in Book 26 of Parcel Maps, at Page 32, Marin County Records. PARCEL TWO: A Sanitary Sewer Easement over Land of Smith (2580 OR 89) and being described as follows: A) A strip of land 20.00 feet in width, lying 10 feet on both sides of the following described line: Beginning at a point on the Westerly line of Parcel 1, as shown upon that certain Parcel Map entitled "Lands of Neill Smith", filed for record June 8, 1978 in Book 15 of Parcel Maps, at Page 34, Marin County Records; said point being South 00° 15' 20" West 27.10 feet from the intersection of the courses "N 0° 15'20" E 48.006 feet & N 450 26'21" E 1036.625 feet", as shown on said map; thence leaving said Westerly line North 46° 19' 07' East 344.18 feet; thence South 830 29'26" East 87.49 feet; thence South 330 44' 32" East 95.00 feet; thence South 750 37' 39" East 38.16 feet; thence on a curve to the left, tangent to the preceding course, having a radius of 160.00 feet, through a central angle of 16° 3504", a distance of 46.31 feet; thence North 870 47' 17" East 112.62 feet; thence South 63° 33' 33" East 37.00 feet; thence North 70° 14' 39" East 14.13 feet; thence on a curve to the left, tangent to the preceding courses, having a radius of 160.00, feet, through a central angle of 200 36' 27", a distance of 57.55 feet; thence North 490 38' 12" East 57.14 feet; thence on a curve to the left, tangent to the preceding course, having a radius of 160.00 feet, through a central angle of 9° 24'05", a distance of 26.25 feet; thence North 400 14' 07" East 184.56 feet; thence on a curve to the right, tangent to the preceding course, having a radius of 160.00 feet, through a central angle of 10° 48' 06", a distance of 30.16 feet; thence North 51 ° 02' 13" East 37.31 feet; thence on a curve to the left tangent to the preceding course, having a radius of 160.00 feet, through a central angle of 33" 04'44", a distance of 92.37 feet; thence on a reverse curve having a radius of 160.00 feet, through a central angle of 251 21' 58", a distance of 70.84 feet; thence North 43° 19' 27" East 19.22 feet; thence on a curve to the right, tangent to the preceding course, having a radius of 160.00 feet, through a central angle of 680 07'44", a distance of 190.25 feet to the termination of this description. B) Beginning at the termination point of the above described Parcel One; thence North 21' 27' 11" East 41.66 feet to the line of Corte Madera Del Presidio, a shown on said Parcel Map (15 P.M. 34); thence along said line of Rancho Corte Madera Del Presidio, South 661 06'48" East L DESCRIPTION Continued 111.06 feet; thence North 770 53' 12" East 138.60 feet thence South 87° 06' 48" East 242.88 feet; thence South 67° 06' 48" East 220.44 feet to the most Westerly corner of the parcel conveyed to Sanitary District No. 5 of Marin County, recorded November 4, 1968 in Book 2283 of Official Records at Page 49, Marin County Records; thence along the Westerly line of said Sanitary District No. 5 Parcel, South 11 ° 17' 20" East 72.19 feet; thence leaving said Westerly line, North 47° 38' 09" West 59.16 feet; thence North 670 06' 48" West 198.16 feet; thence North 870 06'48" West 230.56 feet; thence South 770 53' 12" West 106.68 feet; thence along a curve tc the right, tangent to the preceding course, having a radius of 170.00 feet, through a central angle of 33° 33' 59", a distance of 99.59 feet; thence North 68° 32' 49" West 61.29 feet; thence North 211 27' 11" East 10.00 feet to the point of beginning. c) Beginning at a point on the Westerly line of Parcel 1, as shown upon that certain Parcel Map entitled "Lands of Neill Smith", filed for record June 8, 1976 in Book 15 of Parcel Maps, at Page 34, Marin County Records; said point being the intersection of the courses "N 0° 15' 20" E 48.006 feet, and N 450 26'21" E 1036.625 feet", as shown on said map; thence along said Westerly line, North 450 26' 21" East 20.00 feet; thence leaving said Westerly line, South 43° 40' 53" East 9.79 feet; thence South 460 19' 07" West 29.14 feet to the Westerly line of said Parcel 1; thence along said Westerly line, North 0° 15' 20" East 13.17 feet to the point of beginning. Parcel C subject to relocation during construction, should physical conditions so require. d) Beginning at a point on the Northwesterly line of Parcel One, as shown upon that certain Parcel Map entitled "Lands of Neill Smith", filed for record June 8, 1978 in Book 15 of Parcel Maps, at Page 34, Marin County Records; said point being North 45° 26' 21" East 370.74 feet from the intersection of the courses "North 0° 15' 20" East 48.006 feet and North 451 26'21" East 1036.625 feet, as shown on said map; thence leaving said Northwesterly line, South 44° 3339" East 65.10 feet to the Northerly line of Easement Parcel One, as described herein; thence along said Northerly line of Easement Parcel One, South 83° 29'26" East 31.83 feet; thence leaving said Northerly line of Easement Parcel One, North 440 33' 39" West 89.86 feet to the Northwesterly line of aforementioned Neill Smith Parcel One (15 P.M. 34); thence along said Northwesterly line, South 450 26' 21" West 20.00 feet to the point of beginning. Parcel D subject to relocation during construction, should physical conditions require: e)Beginning at a point on the Westerly line of Parcel One, as shown upon that certain. Parcel Map entitled "Lands of Neill Smith", filed for record June 8, 1976 in Book 15 of Parcel Maps, at Page 34, Marin County Records; said point being "North 45° 26'2.1" East 288.15 feet from the intersection of the courses "North 0° 15' 20" East 48.006 feet" and North 450 26' 21" East 1036.625 feet, as shown on said map; thence along said Northwesterly line, South 83° 29' 26" East 18.10 feet to the Northerly line of Easement Parcel One, described herein; thence leaving said Northerly line of Easement Parcel One, South 460 19' 07" East 30.75 feet; thence leaving said Northerly line of Easement Parcel One, North 8311 29'26" West 18.70 feet to the Northwesterly line of aforementioned Neill Smith Parcel One (15 P.M. 3'4); thence along said Northwesterly line, South. 451 26' 21" West 30.00 feet to the point of beginning. LL DESCRIPTION Continued PARCEL THREE: A Utility Easement, 20 feet in width to install and maintain one sewer line as contained in the document recorded November 30, 1999 as Instrument No. 1999 084666 and 1999 84667, Marin County Records. PARCEL FOUR: Portion of the so-called "Small Reed Ranch" as conveyed by John J. Reed to Clotilde Josephine Reed, by Deed dated November 21, 1899 recorded in Book 58 of Deeds at Page 168, Marin County Records. Beginning at a point on the Northeasterly line of said tract, distant thereon South 45° 51' East 45 feet from the intersection thereof with the Southeasterly line of the lands conveyed by Hercules Powder Company to T.A. Kilgore, recorded January 26, 1925 in Book 64 of Official Records at Page 394, Marin County Records; said Southeasterly line being also the Northwesterly line of the lands now or formerly owned by Crowley; thence South 440 09' West 900 feet; thence North 450 51' West 1525 feet; thence North 440 09' East 875 feet; thence North 450 51' West 90 feet; thence North 441 09' East 25 feet to the Northeasterly line of the "Small Reed Ranch"; thence along said line, South 450 51' East 1616 feet to the point of beginning. City Parcels to F-I Road Names County Boundary r' Is E1b ~iL' I TAI©w BayAreaCounty 11 OceanBay M SODA Property