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HomeMy WebLinkAboutOrdinance 1687 (615 Lindaro St.)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1687 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY (RE: ZC95-4 - 4144 AND 4150 NORTH REDWOOD HIGHWAY, AP NO. 155-072-01 AND -02; LUCAS VALLEY ROAD, AP NO. 165-010-89; 615 LINDARO STREET, AP NO. 13-061-49)" is a true and correct copy of an ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 6th day of NOVEMBER, 1995, published as required by City Charter in the MARIN INDEPENDENT JOURNAL , a newspaper published in the City of San Rafael and passed and adopted as an ordinance of said City at a REGULAR meeting of the City Council of said City held on the 20th day of NOVEMBER, 1995, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest) WITNESS my hand and the official seal of the City of San Rafael this 22th day of NOVEMBER, 1995. JEANN M`- LEONCINI, 'ty Clerk ORDINANCE NO. 16 8 7 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY (RE: ZC95-4 - 4144 AND 4150 NORTH REDWOOD HIGHWAY, AP NO. 155- 072-01 AND -02; LUCAS VALLEY ROAD, AP NO 165-010-89; 615 LINDARO STREET, AP NO. 13-061-49) THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: WHEREAS, the San Rafael Planning Commission has held a duly -noticed public hearing on the proposed amendment to the zoning map and associated General Plan Amendment and negative declaration as required by State Law and has considered all written correspondence, verbal testimony and the staff reports relevant to the proposed amendments, and recommended to the City Council approval of the proposed amendments and adoption of the negative declaration; and WHEREAS, the City Council has held a duly noticed public hearing on the proposed amendment to the zoning map and associated General Plan Amendment and negative declaration and has considered all written correspondence, verbal testimony and the staff reports and has by resolution adopted the negative declaration and approved the General Plan Amendment; and WHEREAS, the proposed map amendment is consistent in principle with the General Plan in that the General Plan land use designation at 4144 and 4150 Redwood Highway has been amended from the "Office" to the "Retail /Office" land use designation to provide a more appropriate land use designation and the corresponding zone change implements this general plan amendment; the zone change from P/OS (Parks/Opens Space) to PD (Planned Development) corrects a zoning map error and corresponds with the existing "Hillside Resource Residential" land use designation; and the land use designation at 615 Lindaro has been amended from the "High Density Residential" to the "Light Industrial/ Office" land use designation and the corresponding zone change implements this general plan amendment; and QRlGI�AI ,�0a^ WHEREAS, the public health, safety and general welfare are served by the adoption of the proposed amendment in that a negative declaration has been adopted which identified no significant impacts from the proposed changes. THE CITY COUNCIL OF THE CITY OF SAN RFAEL DOES HEREBY ORDAIN AS FOLLOWS DIVISION 1. The Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.01.020 of the Municipal Code is amended by rezoning the property located at 4144 and 4150 Redwood Highway, San Rafael, County Assessor's Parcel Number 155-072-01 and -02, from the Office (0) to the Commercial/ Office (C/O) Zoning District; rezoning the property located on Lucas Valley Road, County Assessor's Parcel Number 165-010-89 from the Parks/Open Space (P/OS) to the Planned District (PD) Zoning District; and rezoning the property located at 615 Lindaro Street, County Assessor's Parcel Number 13-061-49, from High Density Residential (HR -1) to the Light Industrial/ Office (LI/O) Zoning District per legal descriptions attached as Exhibit "A". DIVISION 2. This zoning shall become effective in accordance with Section 65859 of the Government Code of the State of California. DIVISION 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 4. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. ALBERT J. BOR ayor Attest: JE M. LEONCINI, City Clerk The foregoing Ordinance No. 16 8 7 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 6th day of November, 1995, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Zappe.tini DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest) and will come up for adoption as an Ordinance of the. City of San Rafael at a REGULAR meeting of the Council to be held on the 2o.th day of November, 1995.- JEAli Nt M. LEONCINI, City Clerk EXHIBIT "A" Legal Description for AP No. 155-072-01 Beginning at a point distant North 8951' East 100 feet and North 0 09'West 105 feet from the point of intersection of the Easterly line of the State Highway as described in the Deed to the State of California dated May 23, 1951, recorded March 13, 1953 in Volume 794 of Official Records, at Page 317, Marin County Records, with the Northerly line of the land described in the Deed to James Landis, et ux, dated March 16, 1950, recorded March 17, 1950 in Volume 643 of Official Records, at Page 240; running thence North 0 09' west 105 feet to the Northeast corner of the property described in deed from James Landis, et al, to Michael J. Scotto, recorded August 21, 1959 in Volume 1305 of Official Records, at Page 18; running thence along the Northerly line of said property described in Deed recorded in Volume 1305 of Official Records at Page 18, South A 51' West 92.47 feet to the Northwest corner of the last mentioned Deed, said point being on the Easterly line of said State Highway; thence Southerly along the Easterly line 6f said State Highway a distance of 105.27 feet, more or less to a point on 0 said Easterly line of the State Highway bearing South 89 51' West from the point of beginning; thence North 89 51' East 99.85 feet to the point of beginning. Legal Description for AP No. 155-072-02 Beginning at a point which bears South 0 09' 00" East, 105.00 feet from the Northwest corner of Lot 1 as shown upon the map entitled "Map of Marin Professional Center, Unit 1", recorded March 3, 1958 in Volume 9 of Maps, at page 94, Marin County Records; thence along the Westerly boundary of said Lot 1, South 0° 09' 00" East 129.73 feet; to a point in the Northerly Right of Way line of Professional Center Parkway; thence Westerly along said Right of Way line on a curve to the right with a radius 11 475 feet , through a central angle of 30 S �! I '0 1 , a distance of 33.03 feet, thence along said Right of Way line the following bearings and distances as shown on aforementioned Recorded Map Book 9, Page 94: North 6 09' West 25.88 feet: and North 89' 51'East 67.00 feet to the Easterly boundary of the State of California Divisions of Highways Right of Way; thence North 00 09'00" West 93.05 feet along said Easterly right of way ; thence along a curve to the right with a radial bearing of North 89 51' 00" East with a radius of 472.91 feet, through a central angle of 1" 26' 50" for a distance of 11.95 feet and thence leaving said Easterly right of way North 890 51'00" East 99.85 feet to the point of beginning. LEGAL DESCRIPTION FOR AP NO. 165-010-89 All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: BEGINNING at the Westerly terminus of that certain course described in the Deed from Thomas A. Nunes, et ux, to the County of Marin, recorded on January 5, 1981, Marin County Document Number 8100259, having a bearing of North 48° 59' 32" West and a length of 118.12 feet being the Southerly boundary line of the Old Lucas Valley Road and the Easterly boundary line of that certain parcel of land conveyed to Horatio R. Malone, at ux, by Deed dated July 24, 1969 and recorded July 28, 1959 in Book 1298 of Official Records, at Page 208, Marin County Records, and running thence along the said Easterly line of Horatio R. Malone parcel South 580 20' 21" West (called South 640 36' West In said Deed dated July 24, 1959) 842.98 feet to the Southeasterly corner of said Melons Parcel; thence leaving said Malone boundary line South 61' 09' 22" West 396.09 feet; thence South 190 08' 22" West 182.53 feet; thence South 81 ° 52' 38" East 494.31 feet; thence North 390 48' 22" East 834.22 feet; thence South 231 31' 01 " East 149.30 feet; thence South 55° 58' 12" Eas: 48.83 feet; thence North 3e° 58' 33" frost 27.70 feet; thence North 22° 06' 17" East 75.95 feet; thence North 10' 18' 47" East 279.84 feet; thence North 20° 28' 10" East 181.68 feet to the said Southerly boundary line of the Old Lucas Valley Road; thence along said Southerly line North 48" 59' 32" West 60.88 feet to the point of beginning. LEGAL DESCRIPTION FOR AP NO. 13-061-49 All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: PARCEL ONE: BEGINNING at a point on the Westerly line of Lindaro Street, as widened, distant thereon South 70 15' West 63.90 feet from the Southeasterly corner of the lands described in the Deed to Lagendorf United Bakeries, Inc., recorded September 4, 1952 in Book 762 of Official Records, at Page 138, Marin County Records; running thence from said point of beginning along the Westerly line of said Lindaro Street, South 711 15' West 153.70 feet and thence on a curve to the right of 10 foot radius, through a central angle of 1200 33' a distance of 21 feet to a point on the Northeasterly line of Woodland Avenue; running thence along said line of Woodland Avenue, North 520 35' West 203.58 feet to its intersection with the Easterly line of an existing 50 foot private right of way (Mariposa Road, so called); running thence along said 50 foot right of way, North 71 East 63.90 feet; thence leaving said right of way line, South 81 ° 36' East 191.36 feet to the point of beginning. PARCEL TWO: AN E=ASEMENT over the above mentioned 50 foot right of way extending from the Northerly line of Woodland Avenue to the Northerly line of that certain parcel of land deeded to Marin County Savings Bank to Sam Smith, et al, and recorded in Book 227 of Deeds, at Page 292, Marin County Records.