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Home My WebLink AboutCC Resolution 7844 (10 Bay Way Permit)RESOLUTION NO. 7844 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING ISSUANCE OF A BUILDING PERMIT FOR 10 BAY WAY (SEASTRAND PARCEL B) WHEREAS, Len Nibbi, hereinafter referred to as "applicant", has proposed development of a single family residence on the 4.2 acre site at 10 Bay Way, AP 16-301-21, also known as Seastrand Parcel B, hereinafter referred to as "property"; and WHEREAS, on May 16, 1988 following a request of a resident of the Seastrand Subdivision, the City Council reviewed a May 12, 1988 opinion of the City Attorney and concluded that the property could be developed consistent with the R-1 B-1 zoning designation of the property; and WHEREAS, on June 6, 1988, the applicant submitted a building permit application, including required geotechnical studies, for the proposed construction of a single family residence to be developed on the property; and WHEREAS, on June 20, 1988, pursuant to a request by the Seastrand Homeowners Association, the City Attorney was requested to advise the City Council whether the City could appropriately record a Notice of Violation against the property; and WHEREAS, the City Attorney rendered an opinion dated June 23, 1988 which recommended that the City Council refrain from recording any Notice of Violation; and WHEREAS, the City Council has concluded that the development of a single family residence as proposed is categorically exempt under the California Environmental Quality Act; and WHEREAS, it is the desire of the City Council to allow development in accordance with the R-1 B-1 zoning of the property but to prohibit further subdivision of the property; NOW, THEREFORE, BE IT RESOLVED THAT: 1. Upon recordation of a Declaration of Covenants, Conditions and Restrictions running with the land, prohibiting any further subdivision of the property and permitting not more than one (1) single family building site, the City shall issue a building permit to applicant. The form of the Declaration of Restrictions shall be reviewed and approved by the City Attorney. The applicant shall be entitled to modify the design of the house, prior to or after completion of the structure, and City shall issue a building permit for such modification if consistent with the R-1 B-1 zoning classification. 2. The City shall permit lot line adjustments with adjacent parcels if consistent with R-1 B-1 zoning standards, and if compatible with all other City standards, policies, rules and regulations applicable to said property. Specifically, it is proposed that a lot line adjustment of the common property line separating the site and 16-301-19 will be submitted in order to increase the area of 16-301-19 by up to 10,000 sq. ft. 1 ORIG-71NA-1-4 ,o 1� RESOLUTION NO. 784k I, JEANNE M. LEONCINI, clerk 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 Council of said City on the 3rd day of October, 1988, by the following vote: AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: Mayor Mulryan JEAN I*. LEONCINI, City Clerk B2-106 �_ 88 84277 E j C C: C 1 CD ►-i �•• � �. t. �C•artntfo Recording RequestedAy: �G��,,, NG "P -P, ONLY Sylvia Townley -Peeler and Len Nibbi When Recorded, Mail To: 1218 Second Street San Rafael, CA 94901 r! �! A��'�t'��lt� dtJ/ _�3 Nfir —8 - : ,i - ,r - DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 10 BAY WAY (SEASTRAND PARCEL B), SAN RAFAEL THIS DECLARATION OF RESTRICTIONS is made by Sylvia Townley -Peeler and Len Nibbi (hereinafter referred to as "'Owners") and their successors in interest in connection with the following circumstances: A. The City of San Rafael is processing, at the request of the Owner, a building permit application for the development of a single family residence at 10 Bay Way (Marin County Assessor's Parcel No. 16-301-21), also known as Seastrand Parcel B, as described in the attached Exhibit A. B. As a condition of the issuance of a building permit, the City has required, and the Owner has agreed to, this Declaration of Covenants, Conditions and Restrictions on the terms and conditions set forth. NOW, THEREFORE, the Owner declares that the real property designated as Parcel B in the attached Exhibit A shall be held, transferred, encumbered, used, sold, conveyed, and occupied, subject to the covenants, conditions and restrictions herein contained, expressly and exclusively for the use and benefit of said real property, and of each and every person or entity who now owns, or in the future owns, any portion or portions of said real property. 1. LIMITATIONS ON USE: (a) The property shall be used for single family residential purposes and shall not be further subdivided to create more than the existing single building site; (b) Undeveloped portions of the parcel shall be seeded and/or landscaped as necessary to assure protection against erosion and said seeding and/or landscaping shall be maintained by the property Owner in perpetuity; (c) Any drainage improvements installed for the single family residence on this property shall be maintained by the Owners to 1 the satisfaction of the City of San Rafael in perpetuity; (d) The property may be otherwise used in any and all ways permitted under the present R-1 B-1 zoning; and (e) Lot line adjustments with adjacent sites shall be allowed if consistent with the R-1 B-1 zoning for the property, upon approval of the City. 2. RUN WITH LAND: This Declaration of Covenants, Conditions and Restrictions is to run with the land and shall be binding on all successors and assigns of the Owner. 3. ENFORCEMENT: Enforcement hereof shall be by proceedings at law or in equity, against any persons violating or attempting to violate any provision contained herein, either to restrain violation or to recover damages, or both. In the event of litigation arising from or relating to this Declaration of Covenants, Conditions and Restrictions, the prevailing party therein shall be entitled to an award in a reasonable amount to be set by the Court for attorneys fees and costs incurred. 4. CANCELLATION: This entire Declaration of Restrictions shall be null and void if the City of San Rafael fails to issue the building permit described above in Paragraph A and/or if installation of building foundations is not completed. 5. SEVERABILITY: Invalidation of any one of these covenants by a judgment or court order shall in no way affect any other provision hereof, and the same shall remain in full force. IN WITNESS WHEREOF, Declarant has executed this Declaration of Covenants, Conditions and Restrictions the day and year written below. Dated: 2 STATE OF CALIFORNIA ss COUNTY OF MARIN On this 19th day of October in the year 1988 before me, Nancy Kronberg , a Notary Public, State of California, duly commissioned and sworn, personally appeared Len Nibbi - - - - - - - - - - personally known to me to be the person whose name is subscribed to this instrument, and acknowledged that he executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the City of San Rafael , County of Marin, on the date set forth above in this certificate. OFFiCtAL SEAL - /( NANCY KRONBERGi :^ N07aAY PUBUC CALFOflNIA _ dta/ray Pdb is AvnpW office n AdASN : ow- y tyC=maua,Fxpm 4. x 221991 ' My commission expires 11/22/91 ..........................r" TEXAS STATE OF ) ss COUNTY OF 3MAW ) (, On this 0�3 Q0 ay of QC D a,E�_, in the year before me, judy A. Hoev , a Notary Public, State of TEXAS, duly commissioned and sworn, personally appeared Svlvia F.Townlev-Peeler personally known to me I to be the person whose name is subscribed to this instrument, and acknowledged that 5 ,4.�5 executed it. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the City of 0,4j -L i County of &a=on the date set forth above in this certificate. IJ04 :r lic My commission expires JUDY A. HOEY B2-105 NOTARY PUBLIC, STATE OF TEXAS COMMISSION EXPIRES 4-4-91 3