HomeMy WebLinkAboutCC Resolution 12745 (Open Space Encroachments)RESOLUTION NO. 12745
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL DENYING AN EXCEPTION UNDER SAN RAFAEL
MUNICIPAL CODE SECTION 19.10.070 FOR ENCROACHMENT
OF PRIVATE IMPROVEMENTS UPON CITY OPEN SPACE
ADJACENT TO 81 MCNEAR DRIVE
WHEREAS, the City of San Rafael is committed to the maintenance and
preservation of City Open Space lands, held in common by the public for the exclusive use
and benefit of the public; and,
WHEREAS, in 1985, the City accepted dedication of Open Space parcel APN
186-530-68 consisting of approximately 33 acres as part of the Peacock Gap
Neighborhood One B development project; and
WHEREAS, sometime between 1989 and 2000, the owner(s) of 81 McNear Drive
installed private improvements encroaching approximately 31,000 square feet upon Open
Space parcel APN 186-530-68; and
WHEREAS, in 2000 and again in 2007, the Public Works Department notified the
owner(s) of 81 McNear Drive and requested the removal of all such encroaching private
improvements on the City Open Space parcel; and
WHEREAS, on both occasions, the owner(s) of 81 McNear Drive did not respond
or comply with the City's request to remove the encroaching private improvements; and
WHEREAS, the Code Enforcement Division subsequently issued a Notice and
Order to the owner of 81 McNear Drive on May 15, 2008, requesting removal of the
encroaching private improvements; and
WHEREAS, the current owner of 81 McNear Drive, Marion llill, has requested
an Exception under San Rafael Municipal Code Section 19.10.070 to maintain the existing
private improvements encroaching upon the City's Open Space, thereby obtaining
exclusive private rights to that portion of City Open Space; and
WHEREAS, the Exception request came on for public hearing before the Council
on May 18, 2009, after being duly noticed as required by San Rafael Municipal Code
Section 19.10.080; and
WHEREAS, the City Council has considered the evidence contained in the City's
staff report and presented at the public hearing on the Exception, and finds that such
evidence does not support the four findings required to approve an Exception under
SRMC 19.10.070;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
San Rafael hereby denies the request by the owner of 81 McNear Drive for an Exception
under San Rafael Municipal Code 19.10.070 to maintain private encroachments upon the
City's Open Space.
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 Council of said City on
the 18`h day of May, 2009, by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
,� -,,(2 e
ESTHER C. BEIRNE, City Clerk
RESOLUTION NO. 12745
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL DENYING AN EXCEPTION UNDER SAN RAFAEL
MUNICIPAL CODE SECTION 19.10.070 FOR ENCROACHMENT
OF PRIVATE IMPROVEMENTS UPON CITY OPEN SPACE
ADJACENT TO 81 MCNEAR DRIVE
WHEREAS, the City of San Rafael is committed to the maintenance and
preservation of City Open Space lands, held in common by the public for the exclusive use
and benefit of the public; and,
WHEREAS, in 1985, the City accepted dedication of Open Space parcel APN
186-530-68 consisting of approximately 33 acres as part of the Peacock Gap
Neighborhood One B development project; and
WHEREAS, sometime between 1989 and 2000. the owner(s) of 81 McNear Drive
installed private improvements encroaching approximately 31,000 square feet upon Open
Space parcel APN 186-530-68; and
WHEREAS, in 2000 and again in 2007, the Public Works Department notified the
owner(s) of 81 McNear Drive and requested the removal of all such encroaching private
improvements on the City Open Space parcel; and
WHEREAS, on both occasions, the owner(s) of 81 McNear Drive did not respond
or comply with the City's request to remove the encroaching private improvements; and
WHEREAS, the Code Enforcement Division subsequently issued a Notice and
Order to the owner of 81 McNear Drive on May 15, 2008, requesting removal of the
encroaching private improvements; and
WHEREAS, the current owner of 81 McNear Drive, Marion Hill, has requested
an Exception under San Rafael Municipal Code Section 19.10.070 to maintain the existing
private improvements encroaching upon the City's Open Space, thereby obtaining
exclusive private rights to that portion of City Open Space; and
WHEREAS, the Exception request came on for public hearing before the Council
on May 18, 2009, after being duly noticed as required by San Rafael Municipal Code
Section 19.10.080; and
WHEREAS, the City Council has considered the evidence contained in the City's
staff report and presented at the public hearing on the Exception, and finds that such
evidence does not support the four findings required to approve an Exception under
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
San Rafael hereby denies the request by the owner of 81 McNear Drive for an Exception
under San Rafael Municipal Code 19.10.070 to maintain private encroachments upon the
City's Open Space.
1, 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 Council of said City on
the 18'h day of May, 2009, by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk