HomeMy WebLinkAboutOrdinance 1679 (157 Woodland Ave.; Townhouses)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio
Clerk of the Council of said City, do hereby certify that the foregoing
Charter Ordinance No. 1679 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL APPROVING A DEVELOPMENT
AGREEMENT BETWEEN 157 WOODLAND PARTNERS, ROBERT W. COPPLE, ROBERT
BIGGS AND DAVID ROSENBERG AND THE CITY OF SAN RAFAEL FOR THE
DEVELOPMENT OF TEN TOWNHOUSE UNITS AND TWO SINGLE FAMILY LOTS AT 157
WOODLAND AVENUE, SAN RAFAEL, AP NOS. 13-114-19 AND -20"
is a true and correct copy of an ordinance of said City and was introduced at a
REGULAR meeting of the City Council of the City of San Rafael, held on the 19th day
of JUNE, 1995, published as required by City Charter in the MARIN INDEPENDENT JOURNAL.
a newspaper published in the City of San Rafael and passed and adopted as an ordinance
of said City at a REGULAR meeting of the City Council of said City held on the 17th
day of JULY, 1995, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official seal
of the City of San Rafael this
19th day of JULY, 1995.
JEANNE Id. tEONCINI, fitY Clerk
ORDINANCE NO. 16 7 9.
AN ORDINANCE OF THE CITY OF SAN RAFAEL APPROVING A
DEVELOPMENT AGREEMENT BETWEEN 157 WOODLAND PARTNERS,
ROBERT W. COPPLE, ROBERT BIGGS AND DAVID ROSENBERG AND THE
CITY OF SAN RAFAEL FOR THE DEVELOPMENT OF TEN TOWNHOUSE
UNITS AND TWO SINGLE FAMILY LOTS AT 157 WOODLAND AVENUE,
SAN RAFAEL, ASSESSOR'S PARCEL NUMBER 13-114-19 AND -20
THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS
FOLLOWS:
DIVISION 1. Findings
A. California Government Code Sections 65864 - 65869.5 authorizes
cities to enter into binding development agreements as therein provided.
B. 157 Woodland Partners, Robert W. Copple, Robert Biggs, and
David Rosenberg (Collectively "Owner") have requested that the City of San
Rafael (the "City") enter into a Development Agreement with respect to the
real property (the "Property") commonly known as 157 Woodland Avenue
which is more particularly described in the legal description attached to the
Development Agreement and proceedings have been taken in accordance
with the City's rules and regulations for the consideration of development
agreements.
C. Owner has the requisite legal interest in the property to enable the
City to enter into the Development Agreement with Owner.
D. The Planning Commission of the City has reviewed the Proposed
Development Agreement and has held a public hearing on same on May 23,
1995. The Planning Commission voted unanimously (one abstention) to
recommend approval of the Development Agreement by the City Council.
E. The City Council of the City of San Rafael has held a public hearing
on the proposed Development Agreement and notice of intention to consider
adoption of the Development Agreement has been given as required by law.
F. The City Council finds that the Development Agreement is
consistent with the objectives, policies, general land uses and programs
specified in the General Plan.
G. The City Council finds that the Development Agreement is
consistent with the uses authorized in and the regulations prescribed for the
Planned Development (PD) District zone in which the real property is located.
H. The City Council further finds that each and every of the facts and
statements set forth in the Recitals of the Development Agreement are true
and correct. The text of the proposed Development Agreement is attached to
the Planning Commission staff report of May 23, 1995 and is filed in the office
of the City Clerk of the City of San Rafael and is available for public review
therein. Said facts and statements are hereby incorporated in this ordinance
by this reference as fully and completely as if the same had been set forth at
length herein.
�RIGlNAI �.��
DIVISION 2. Approval
The City Council of the City of San Rafael approves the Development
Agreement for 157 Woodland Avenue, a copy of which is on file in the office
of the City Clerk.
DIVISION 3. If any section, subsection, sentence, clause or phrase
of this Ordinance is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Council
hereby declares that it would have adopted the Ordinance and each section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
DIVISION 4. This Ordinance shall be published once in full
before its final passage in a newspaper of general circulation, published and
circulated in the City of San Rafael, and shall be in full force and effect thirty
(30) days after its final passage.
e(LBER'T j, RO, Mayor
Attest:
j NE M. LEONC , City Clerk
The foregoing Ordinance No-yjZgwas read and introduced at a
regular meeting of the City Council of the City of San Rafael, held on the 19th
day of June, 1995, and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappeti ni & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
and will come up for adoption as an Ordinance of the City of San Rafael at a
regular meeting of the Council to be held on the 17th day of July, 1995.
JEAWNE M. LEONCINI, City Clerk