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HomeMy WebLinkAboutOrdinance 1516 (1821-1847 Fifth Avenue)d, 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. 1516 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 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM R-2 AND P -D (DUPLEX RESIDENTIAL AND PLANNED DEVELOPMENT) DISTRICTS TO P -D (PLTNNED DEVELOPMENT) DISTRICT (1821-1847 Fifth Avenue)" (ROTARY MANOR) 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 21st day of October , 19 85, published as required by City Charter in the 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 Fourth day of November 1985, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Frugoli WITNESS my hand and the official seal of the City of San Rafael this Sixth day of November 19 -aa. JEA 4L ML.LEONCINI, City Clerk ORDINANCE NO. 1516 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM R-2 AND P -D (DUPLEX RESIDENTIAL AND PLANNED DEVELOPMENT) DIS- TRICTS TO P -D (PLANNED DEVELOPMENT) DISTRICT (1821-1847 Fifth Avenue) THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. The Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.15.020 of the Muni- cipal Code is amended by reclassifying the following real property from R-2 and P -D (Duplex Residential and Planned Development) Districts to P -D (Planned Development) District. Said property so reclassified is located at 1821-1847 Fifth Avenue, San Rafael, County Assessor's Parcels 10-291-12, 13, 14 and 15 and more par- ticularly described in Exhibit "B" attached. DIVISION 2. Any development of this property shall be subject to the conditions outlined in Exhibit "A" which is attached hereto and made a part hereof. 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. Attest: J N�M. LEON*, ity erk CIL- LA RENCE E. MULRYAN, Mayor �� 91 E r ORDINANCE NO. 1516 The foregoing Ordinance No. 1516 was read and intro- duced at a Regular meeting of the City Council of the City of San Rafael, held on the 21st day of October , 1985, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom ABSTAINED: COUNCILMEMBERS: Frugoli and will come up for adoption as an Ordinance of the City of San Rafael at a Reaular meeting of the Council to be held on the Fourth day of November , 1985. 23 B/30 JE�. r,lu,V iii, City Clerk EMM EXHIBIT "A" Conditions which were included as part of the zoning (Z85-13) action by the Planning Commission: (a) The P -D zoning is approved for a total of 100 residential units and ancillary uses -associated with Rotary Manor. (b) Prior to issuance of a building permit, Rotary Manor shall prepare a parcel map and file an application with the City to merge County Assessor's Parcels 10-291-12, 13, 14 and 15 into a single parcel. After review and approval by the Subdivision Committee, this map shall be filed with the County Recorder. (c) The P -D zoning designation is valid for 18 months, or until April 15, 1987, and shall become null and void unless a building permit is issued or an extension granted. EXHIBIT "B" From P -D to P -D (County Assessor's Parcels 10-291-13, 14 & 15) DESCRIPTION ALL THAT CERTAIN real property situate in the City of San Rafael, County of Marin, State of California, described below as follows: PARCEL ONE: BEGINNING at a point on the Southeasterly line of the premises described in the Deed from Alexander Forbes to John Sims, recorded February 7, 1871 in I of Deeds at page 374, Marin County Records, located thereon South 49°45' West 432.1 feet from the most Easterly corner thereof; said most Easterly corner being also the most Northerly corner of the premises described in the Deed from Little Bear Creek "dining Company to San Rafael School District, dated May 18, 1923 and recorded in Liber 22 of Official Records at page 261, Marin County Records; thence from said point of beginning North 49°45' East along said Southeasterly line, 432.1 feet to said most Easterly corner and the Southwesterly line of Fifth Avenue (formerly Culloden Avenue); thence North 40°15' West along said Fifth Avenue and the Northeasterly line of the premises deeded to Sims, 198' feet to the most Northerly corner of said Sims property; thence Southwesterly along the Northeasterly line of the property conveyed to Sims 441 feet to a point; thence Southeasterly, in a direct line to the point of beginning. EXCEPTING THEREFROiM the parcel of land described as follows: BEGINNING at a point on the Southwesterly line of Fifth Avenue (formerly Culloden Avenue) said point of beginning being the most Northerly corner of the premises described in the Deed from Alexander Forbes to John Sims, recorded February 7, 1871 in Liber I of Deeds, page 374, Marin County Records; running thence Southwesterly along the Northeasterly line of said Sims property, 126 feet; thence Southeasterly parallel to Fifth Avenue, 68 feet; thence Northeasterly parallel to the Northeasterly line of said Sims property, 126 feet to the Southwesterly line of Fifth Avenue, thence Northwesterly along the Southwesterly line of Fifth Avenue, 68 feet to the point of beginning. PARCEL T)'O: BEGINNING at a point on the Southerly line of Fifth Avenue (formerly Culloden Avenue), distant thereon 140 feet from the intersection of said Southerly line of Fifth Avenue with the Westerly line of H Street, said point being the most Northerly corner of that certain parcel of land described in that certain deed executed by Alexander Forbes to Wm. B. Bradford recorded March 7, 1883 in Book Y of Deeds, at page 198, Marin County Records; thence along said Southerly line of Fifth Avenue North 40°15' West 323 feet to the most Easterly corner of that certain parcel of land described in that certain deed executed by Alexander Forbes to John Sims recorded February 7, 1871 in Book I of Deeds, at page 374, Marin County Records; thence leaving said Southerly line of Fifth Avenue and along the Southeasterly boundary line of said lands conveyed to Sims South 49°45' West 438 feet; thence leaving said Sims boundary line South 75029' East 527.1 feet to the centerline of a creek being the Westerly boundary line. of said lands conveved to Bradford; thence along said Westerly line of Bradford and the, centerline of said creek North 31° 13' West _63.2 feet; thence North 8°59' East 70 feet; thence leaving said creek centerline North 50°43' East 71.1 feet to the point of beginning. From -R-2 to P -D (County Assessor's Parcel 10-291-12) DESCRIPTION ALL THAT CERTAIN real property situate in the City of San Rafael, County of iMarin, State of California, described below as follows: BEGINNING at a point on the Southwesterly line of Fifth Avenue (formerly Culloden Avenue) said point of beginning being the most Northerly corner of the premises described in the Deed from Alexander Forbes to John Sims, recorded February 7, 1871 in Liber I of Deeds, page 374, Marin County Records; running thence Southwesterly along the Northeasterly line of said Sims property, 126 feet; thence Southeasterly parallel to Fifth Avenue. 68 feet; thence Northeasterly parallel to the Northeasterly line of said Sims property, 126 feet to the Southwesterly line of Fifth Avenue, thence Northwesterly along the Southwesterly line of Fifth Avenue, 68 feet to the point of beginning.