HomeMy WebLinkAboutCC Resolution 12927 (LAFCO Reorganization of Territory)RESOLUTION NO. 12927
A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE
CITY OF SAN RAFAEL AUTHORIZING THE FILING OF AN
APPLICATION REQUESTING THAT THE MARIN LOCAL AGENCY
FORMATION COMMISSION (LAFCO) INITIATE PROCEEDINGS FOR
THE REORGANIZATION OF TERRITORY.
WHEREAS, the City of San Rafael City Council desires to initiate proceedings pursuant to the
Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000
of the California Government Code, for a reorganization which would concurrently annex territory to the
City of San Rafael and San Rafael Sanitation District; and,
WHEREAS, the City of San Rafael City Council has given mailed notice of its intention to adopt
this resolution of application to each interested agency and each subject agency including San Rafael
Sanitation District and Marin Local Agency Formation Commission, as well as to each affected property
owner, and has conducted a public hearing based upon this notification; and,
WHEREAS, the principal reasons for the proposed reorganization are as follows:
A) The "Mt. Tamalpais Cemetery 50 Year Master Plan" proposes further development of the 56.8 acre
Mt. Tamalpais Cemetery property, which is located at 2500 Fifth Avenue. The cemetery is adjacent
to the City of San Rafael corporate City limits and requires annexation to the San Rafael Sanitation
District. Consistent with LAFCO's dual annexation policy the City of San Rafael was given the
opportunity to process the Cemetery applications. The property owner filed applications with the
City for prezoning and master plan approval, as required prior to filing the annexation application
with Marin LAFCO.
B) Three residentially designated and developed parcels at 2450, 2452 and 2468 Fifth Avenue are
located between the existing corporate City limit and the Mt. Tamalpais Cemetery property. These
properties are currently served by the San Rafael Sanitation District and City services, and would
become a developed county island if not included as a part of the annexation. Marin LAFCO policy
and City of San Rafael General Plan Policy LU -6 encourage annexation of unincorporated
developed "islands" where existing City services can easily be provided. Therefore, the City
initiated prezoning of these three properties concurrent with Mt Tamalpais Cemetery property
prezoning and annexation.
C) On December 1, 2008, the City of San Rafael City Council adopted Resolution 12629 approving
the 50 year master plan for the Mt. Tamalpais Cemetery property (City File No. UP08-031).
D) On December 15, 2008, the City of San Rafael City Council adopted Ordinance No. 1870 pre -
zoning the 56.8 -acre Mt. Tamalpais Cemetery property located at 2500 Fifth Avenue for
annexation into the City of San Rafael and the San Rafael Sanitation District (City File No. AX07-
001).
E) On December 15, 2008, the City of San Rafael City Council adopted Ordinance No. 1870
prezoning the three contiguous developed residential properties located at 2450, 2452 and 2468
Fifth Avenue for annexation into the City of San Rafael (City File No. AX07-001); and,
WHEREAS, the subject properties would not be allowed to rezone for two -years from the effective
date of annexation; and,
WHEREAS, the following agencies would be affected by the proposed jurisdictional changes:
Agency Nature of Chanae
San Rafael Sanitation District Annex lands into the Sanitation District
City of San Rafael Annex territory into the City of San Rafael; and,
WHEREAS, the territory proposed to be reorganized contains a total of two single-family
residential units and fewer than 12 registered voters, and is therefore "uninhabited" as defined under
Section 56046 of the California Government Code; and,
WHEREAS, a map and description of the boundaries of the territory proposed to be annexed into
the San Rafael Sanitation District are attached hereto as Exhibits 1A & 1B and by this reference
incorporated herein; and,
WHEREAS, a map and description of the boundaries of the territory proposed to be annexed into
the City of San Rafael are attached hereto as Exhibits 2A & 2B and by this reference incorporated herein;
and,
WHEREAS, this proposal is consistent with the adopted sphere of influence and within the urban
service areas of the City of San Rafael and San Rafael Sanitation District, as shown on the City of San
Rafael General Plan 2020, Exhibit 1; and,
WHEREAS, the Mt. Tamalpais Cemetery property owner has consented to the annexation by
filing pre -zoning and annexation applications with the City of San Rafael (City File No. AX07-001); and,
WHEREAS, the property owners of 2540 Fifth Avenue, 2452 Fifth Avenue and 2468 Fifth Avenue
have been notified of the proposed annexation and pre -zoning applications affecting their properties,
including notification of all public hearings, as well as mailing of certified letters to all three residential
property owners on June 20, 2008 and on February 2, 2010; and,
WHEREAS, on December 1, 2008, the City of San Rafael City Council, by Resolution 12628,
adopted a Mitigated Negative Declaration for the annexation, prezoning and master plan for the proposed
project, and made all findings as required pursuant to the California Environmental Quality Act (CEQA) for
the pre -zoning and proposed annexation project.
NOW, THEREFORE, THE CITY COUNCIL OF SAN RAFAEL does hereby adopt and approve
this Resolution of Application, and the Marin Local Agency Formation Commission is hereby requested to
take proceedings for the annexation of territory as authorized and in the manner provided by the Cortese -
Knox -Hertzberg Local Government Reorganization Act of 2000.
I, Esther C. Beirne, 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 the City of San
Rafael, held on Monday, the 15` of March, 2010, by the following vote, to wit:
AYES:
Councilmembers:
Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES:
Councilmembers:
None
ABSENT:
Councilmembers:
None
Esther C. Beirne, City Clerk
2
Exhibit 1A
ANNEXATION OF THE
LANDS OF MARIN COUNTY CEMETERY COMPANY
TO
THE SAN RAFAEL SANITATION DISTRICT
LAFCO FILE NO.
MAPPING NO.
All that certain real property, situate in portion of Rancho San Pedro, Santa Margarita Y
Las Gallinas in the County of Marin, State of California, described as follows:
BEGINNING at the most Northwesterly corner of the Mt. Tamalpais Cemetery as shown
on that certain map entitled, "Record of Survey of the Mt. Tamalpais Cemetery", filed
November 15, 1962 in Book 3 of Oficial Surveys at Page 27, Marin County Records;
1. Thence North 77°56'20" East 970.00 feet;
2. Thence South 54°36'54" East 798.38 feet to a point on the existing
Sanitation District Boundary;
3. Thence along said existing Sanitation District Boundary
South 35°44'08" West 1,974.45 feet;
4. Thence leaving said existing Sanitation District Boundary
North 54'24'16" West 3 19.3 9 feet;
5. Thence South 82°31'44" West 68.64 feet;
6. Thence South 66°03'12" West 3 87. 10 feet;
7. Thence South 77°58'20" West 198.93 feet;
8. Thence North 12°51'03" East 1,932.33 feet to the POINT OF
BEGINNING.
Containing approximately 56.4 acres more or less.
Prepared By:
ILS Associates, Inc.
Irv' L. Sc'z, RCE 1
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Exhibit 2A
ANNEXATION OF THE
LANDS OF MARIN COUNTY CEMETERY COMPANY AND ADJACENT LANDS
TO
THE CITY OF SAN RAFAEL
LAFCO FILE NO.
MAPPING NO.
All that certain real property, situate in portion of Rancho San Pedro, Santa Margarita Y
Las Gallinas in the County of Marin, State of California, described as follows:
BEGINNING at the most Northwesterly comer of the Mt. Tamalpais Cemetery as shown
on that certain map entitled, "Record of Survey of the Mt. Tamalpais Cemetery", filed
November 15, 1962 in Book 3 of Official Surveys at Page 27, Marin County Records;
1. Thence North 77'56'20" East 970.00 feet;
2. Thence South 54'36'54" East 798.38 feet;
3. Thence South 35*44'08" West 361.80 feet to the existing San Rafael City
Boundary;
4. Thence along said existing City Boundary South 35'44'08" West
300.00 feet;
5. Thence South 54' 15' 52" East, called South 56' 00' 00" East on the
Parcel Map recorded in Book 15 of Parcel Maps at Page 50, Marin County
Records, 187.00 feet;
6. Thence South 35' 44' 08" West, called South 34' 00' West on the map
recorded in Book 16 of Record Maps at Page 88, Marin County Records,
193.63 feet;
7. Thence South 39' 32' 03" East, called South 41' 16' 11" East on 16 RM
88, 51.69 feet;
8. Thence South 35° 44' 08" West, called South 34* 00' West on 16 RM 88,
165.78' to the center line of Fifth Avenue;
9. Thence continuing along the existing City Boundary and the center line of
Fifth Avenue, North 42' 18' 52" West, called North 44' 03' West on 16
RM 88, 39.93 feet;
10. Thence North 35' 33' 52" West, called North 37' 18' West on 16 RM 88,
208.96 feet;
11. Thence leaving said center line and continuing along said existing City
Boundary South 35'44'08" West 1015.36 feet;
12. Thence leaving said existing City Boundary North 54'24'16" West 319.39
feet;
14. Thence South 82°31'44" West 68.64 feet;
15. Thence South 66'03'12" West 3 87. 10 feet;
16. Thence South 7705812011 West 198.93 feet;
17. Thence North 12°51'03" East 1,932.33 feet to the POINT OF
BEGINNING.
N:\GEN\LEGAL.DES\8433\8433ANNEXSR.doc
12/23/2009
Exhibit 2A
Containing approximately 58.0 acres more or less.
Prepared by:
ILS Associates, Inc.
Irv?hwoe?z, RCE.
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