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HomeMy WebLinkAboutCC Resolution 9202 (Annexation of Property Procedures)RESOLUTION NO. 9202 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING REQUIREMENTS AND PROCEDURES FOR THE ANNEXATION OF PROPERTY TO PARKING DISTRICT NO.1 WHEREAS, on January 7, 1957, the City Council of San Rafael adopted Resolution of Intention No. 1855 to establish a parking district under the pro- visions of Charter Ordinances No. 644 and 655 of the City of San Rafael, and the California Parking District Law of 1951, and said resolution of intention described the land necessary and convenient to be taken, the area to be bene- fited by the improvements, and determined the contribution of the City of San Rafael toward the cost of said work and improvements; and WHEREAS, pursuant to Section 10 of Charter Ordinance No. 644, adopted August 6, 1956, the City Council vested itself with the powers of a Parking Place Commission as provided under the Parking District Act of 1951; and WHEREAS, the City Council of San Rafael on March 19, 1957, adopted Charter Ordinance No. 659 declaring the formation of Parking District No. 1 of the City of San Rafael, describing the properties to be acquired, the work to be done, determining the maximum rate of ad valorem assessments and di- recting that lands be acquired for said Parking District; and WHEREAS, on November 4, 1957, the City Council of San Rafael adopted Resolution of Intention No. 2077 to modify the acquisitions and im- provements to be made with respect to Parking District No. 1; and WHEREAS, on December 9, 1957, the City Council of San Rafael adopted Resolution No. 2025 making changes in the acquisition and im- provements to be made in Parking District No.1 as described in Resolution of Intention No. 2007; and WHEREAS, on February 3, 1958, the City Council of San Rafael adopted Charter Ordinance No. 677 which re-formed the parking district described in Resolution No. 1855 and formed in Charter Ordinance No 659; and WHEREAS, said Parking District was named "Parking District No. 1 of the City of San Rafael" and is shown on that certain map filed in the office of the City Clerk of the City of San Rafael designated "Amended Map Showing Boundaries of Proposed Parking District and Properties to be Acquired, Park- ing District No. 1, City of San Rafael, Marin County, California". Said District is also described by metes and bounds in Charter Ordinance No. 659 and in Resolution of Intention No. 1855 as re-established by Ordinance No 677; and WHEREAS, the City Council in Ordinance No. 677 determined that there was a public need for the parking facilities proposed for Parking District No. 1, that the proposed District approximately covers the contiguous area of ORIGINAL epzvz property needing off-street parking facilities, that all property in the District will benefit by the facilities, and the proposed improvements are located and designed in the manner most compatible with the greatest public good and the least private injury; and WHEREAS, the California Parking District Act of 1951 provides for the annexation of properties to a Parking District after the issuance of bonds by pe- tition of a property owner, and, if desired by the District, the payment of an annexation fee equal to the administrative costs incurred by the City of San Rafael in processing the annexation request, (including direct staff salary, material reproduction costs, mailing and notification publishing costs and other similar costs), plus an amount equal to the present value of all Parking District No. 1 assessments which would have been levied on the property had the property been included in the District since its 1958 formation; and WHEREAS, Charter Ordinance No. 677 has no provisions for the annexation of properties to Parking District No. 1 and the City Council, as the Parking Place Commission, has the authority to adopt annexation procedures pursuant to the Parking District Act of 1951 (Streets and Highways Code 35100 et seq.); and WHEREAS, the City Council, acting for itself and as the Parking Place Commission under the Parking District Act of 1951, after reviewing materials presented and listening to public testimony has made the following findings: 1. The District boundaries as initially established covered the approximate area of Downtown needing off-street parking facilities and benefiting from the facilities in the District; 2. Since the initial formation of the District, the amount of public and private parking within the District has increased through the construc- tion of additional public and private parking lots, and the demand for parking has changed through the construction of additional buildings and changes in building occupancies; and 3. Situations now exist where the boundaries of Parking District No. 1 could be expanded to include contiguous properties where there is public need for off-street parking, where these contiguous properties would benefit from the facilities of the District, and where the District facilities would not be adversely impacted by the parking demand gen- erated by the added properties. NOW, THEREFORE BE IT RESOLVED that the City Council of San Rafael, acting for itself and as the Parking Place Commission under the Parking District Act of 1951, does hereby establish procedures for the annexation of property to Parking District No. 1 as shown on the attached Exhibit "A", Annexation Requirements and Procedures for Parking District No. 1. I, JEANNE M. LEONCINI, Clerk of the City Council of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on Tuesday, the 6th day of seAtember , 1994, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & NOES: COUNCILMEMBERS: None Mayor Boro ABSENT: COUNCILMEMBERS: None NNE M. LEOCIlVI, City Clerk Exhibit 'W' Annexation Requirements and Procedures for Parking District No. l These procedures have been adopted by the City Council of San Rafael in Resolution No. 9202 for the purpose of evaluating annexations to Park- ing District No. 1. A. Properties That May Request Annexation 1. Properties to be annexed to Parking District No. 1 must be contiguous to the boundary of the Parking District as shown on "Amended Map Showing Boundaries of Proposed Parking District and Properties to be Acquired, Parking District No. 1, City of San Rafael, Marin County, Cal- ifornia", and as also described by metes and bounds in Charter Ordi- nance No. 659 and in Resolution of Intention No. 1855 or as they may be subsequently amended. 2. Properties to be annexed shall have a development proposal pending which has received all required Planning Department permits and ap- provals, and where annexation to the District has been considered and addressed in the project's environmental assessment. 3. Properties to be annexed shall not be in any other City of San Rafael Parking District. B. Application Submittal 1. Requests for annexation to Parking District No. 1 shall be made by a let- ter request addressed to the City Council of San Rafael, stating that the property owners wish to annex to Parking District No. 1 and that the property is not in any other Parking District. 2. The letter request shall identify all property owners and be signed by the owners of the affected property. 3. Requests for annexation of property to the District shall be accompanied by a current metes and bounds legal description of the property to be annexed. C. Annexation Fee An annexation fee may be determined and charged by the City Council which recovers administrative costs for processing the Annexation (including direct staff salary, material reproduction costs, mailing and notification publishing costs and other similar costs), plus an amount equal to the present value of all Parking District No. 1 assessments which would have been levied on the property had the property been included in the District since its 1958 formation. The fee will be determined at the time of the annexation and must be paid prior to the effective date of the annexation. D. Reauired Finding of Fact Prior to approving the annexation of property to Parking District No. 1, the City Council shall make the following findings and determinations: 1. The property to be annexed is contiguous to the boundary of Parking District No. 1, and is a logical extension of the District; 2. The property to be annexed is part of a development proposal which has received all required Planning Department permits and approvals and is an appropriate addition to the City; 3. Based upon review of the parking situation in the District, it is and determined that adequate parking is available in the District to serve the property and the proposed development; 4. There will be no adverse impact on the parking facilities in the District or on the amount of parking available in the District caused by the property to be annexed and the proposed development; 5. The appropriate annexation fee, if any, has been determined as a condition of the annexation and will be paid prior to the effective date of the annexation.