Loading...
HomeMy WebLinkAboutResolution No. 6461 (Abatement of Illegal Units Settlement)A RESOLUTION NO. 6461 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a contract, lease or agreement with T awrPnr-rte & NannW T ndpr and Narl av & Jean 11 Pte= , Settlement Agreement re Abatement of Illegal Units at 401, 405 and 511 "D" Street, San Rafael a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, City 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 City Council of said City held on Monday the sixth day of December , 1982 by the following vote, to wit: AYES: COUNCILMEN: Breiner, Frugoli, Miskimen & Mayor Alulryan NOES: COUNCILMEN: Jensen ABSENT: COUNCILMEN: None 1/78 -CC -A I N A NE M. LEONCINI, City Clerk AGREEMENT THIS AGREEMENT, made by and between the City of San Rafael ("CITY", hereafter,) and Lawrence and Nancy Loder (with regard to 401, 405 and 511 "D" Street) and Harley and Jean Ussery (with regard to 511 "D" Street only) ("OWNERS", hereafter) on this —I1- day of 1982, is based upon the following TT/1TTTT ("� 1. Owners have fee title, as above indicated, to properties within City known as 401, 405 and 511 "D" Street. 2. A dispute has arisen between City and Owners whereas City alleges that each of the cited properties contains units in excess of that allowed by the City's zoning provisions. 3. Owners deny liability and any illegality attendant to the referenced properties, and allegd that all units exist in conformance with City zoning and other provisions. 4. To resolve the dispute between City and Owners, Owners agree to remodel those units herein indicated and thus obviate the necessity for a public hearing or further enforcement action. 5. Owners have also requested the opportunity to seek a general plan amendment and rezoning of dwellings subject to the Gerstle Park Neighborhood Plan in an effort to legiti- mize and legalize some or all of those units claimed and alleged by the City, herein, as illegal and subject to abatement. 6. Those units claimed and alleged by City to contain more units than allowed by current zoning are as follows: 401 D Street - 2 excess units; 405 D Street - 2 excess units; 511 D Street - 1 excess unit. 7. In consideration of the owners' agreement to abate or seek legalization of the indicated units and accomplish same C� C > y the City shall agree to forego a public abatement hearing and other enforcement measures. THEREFORE, the parties agree as follows: PROVISIONS 1. In the absence of a General Plan amendment and re- zoning legalizing any or all of the above units, Owners agree to abate, remove or otherwise eliminate those units at those addresses claimed to be excess as indicated herein within eighteen (18) months following execution of this agreement. Said abate- ment shall be accomplished by meeting all applicable City code requirements for remodeling of a building currently in use. Owner will submit plans for such remodeling use to City building inspection department for approval and for necessary building permits. City will specify in writing all requirements necessary hereunder. 2. If the Owners so desire, an application for General Plan amendment and rezoning within the Gerstle Park Neighbor- hood Plan may be submitted to the City for processing, but said application must be filed within six (6) months following exe- cution of this agreement. 3. Realizing that current parking requirements for duplex use cannot be met, the parties agree to work together and cooperate on maximizing provision of parking spaces for 405 and 511 "D" Street. City agrees that the provision of any additional parking shall be at owners' discretion. However, in the event of rezoning pursuant to any efforts made as authorized in this Agreement, the owners will meet all parking requirements to the extent feasible. 4. Owners agree they shall not sell any of the indicated properties to a third party during the term of this agreement, which ends upon the completion of City approved remodeling K or rezoning. A "sale" shall not include a financing transaction with a financial institution. 5. City staff shall cooperate in expediting the processing of any application for rezoning the General Plan amendment sub- mitted by the Owners. In so processing, City staff shall not charge nor assess any hourly staff charge to Owners. 6. Owners agree that copies of this agreement shall be timely furnished all tenants of the indicated properties and provide proof of same through provision of copies to the City of transmittal letters to the tenants. 7. This agreement comprises the entirety and totality of the agreement and understanding between City and Owners and no other agreements or contracts shall control in the imple- mentation of the provisions of this agreement. 8. Any controversy or claim other than non -delegable legislative acts arising out of or relating to enforcement of or compliance with this agreement, or the breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. WHEREAS, the parties hereto have set their hands on the day and month described. M ATTEST: JEANNE M. LEONCINI City Clerk APPROVED AS TO FORM: mf&gq� EDMUND A. DUGGAN City Attorney /1 LAWRENCE LODER 4 CITY OF SAN RAFAEL, a municipal corporation BY ' LAWRENCE E. MULRYAN, Mayor HARLEY USSERY n f' JEAN USSERY WILLIAM T BULLARD, JR. SANFORD H. PAGANUCCI, JR Sanford J. Rosen Attorney at Law 155 Montgomery St San Francisco, CA BULLARD & PAGANUCCI ATTORNEYS AND COUNSELORS AT LAW 1000 FOURTH STREET, SUITE 57S SAN RAFAI;L, CALIFORNIA 9.1901 (4 15) 459-6600 , 8th Floor 94104 December 2, 1982 Re: Paragraph 3, Page 2, Agreement re 401, 405 and 511 "D" Streets - Parking Requirements Dear Mr. Rosen: The purpose of this letter is to clarify the referenced paragraph and the parking provisions contained therein. This letter shall refer to and shall be incorporated by reference in the Agreement executed between the parties. To the extent that the owners may not be able to provide the number of parking spaces required in the event of rezoning of any of the properties, the City shall retain its discretion to deny rezoning for that or for any other reason in the exercise of its legislative functions. The language of Paragraph 3 shall not mandate rezoning of the property in the event that deficient parking is the sole or contributory reason to deny said rezoning. The parties signatory to the Agreement have read this side letter and understand, acknowledge and agree to its terms as clarifying the intent of Paragraph 3. We have read and agree to the foregoing. Lawrence T.nder_ Very truly yours, William T. Bullard, r. Contract Attorney f r he City of San Rafael 1/ Harley Ussery ;1. I Jean Ussery cr