HomeMy WebLinkAboutOrdinance 1687 (615 Lindaro St.)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. 1687
entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF
SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE
MUNICIPAL CODE, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY (RE: ZC95-4 - 4144
AND 4150 NORTH REDWOOD HIGHWAY, AP NO. 155-072-01 AND -02; LUCAS VALLEY ROAD,
AP NO. 165-010-89; 615 LINDARO STREET, AP NO. 13-061-49)"
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 6th day of
NOVEMBER, 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 20th
day of NOVEMBER, 1995, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest)
WITNESS my hand and the official seal
of the City of San Rafael this
22th day of NOVEMBER, 1995.
JEANN M`- LEONCINI, 'ty Clerk
ORDINANCE NO. 16 8 7
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE
ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED
BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE, SO AS
TO RECLASSIFY CERTAIN REAL PROPERTY
(RE: ZC95-4 - 4144 AND 4150 NORTH REDWOOD HIGHWAY, AP NO. 155-
072-01 AND -02; LUCAS VALLEY ROAD, AP NO 165-010-89; 615 LINDARO
STREET, AP NO. 13-061-49)
THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS
FOLLOWS:
WHEREAS, the San Rafael Planning Commission has held a duly -noticed
public hearing on the proposed amendment to the zoning map and associated
General Plan Amendment and negative declaration as required by State Law
and has considered all written correspondence, verbal testimony and the staff
reports relevant to the proposed amendments, and recommended to the City
Council approval of the proposed amendments and adoption of the negative
declaration; and
WHEREAS, the City Council has held a duly noticed public hearing on the
proposed amendment to the zoning map and associated General Plan
Amendment and negative declaration and has considered all written
correspondence, verbal testimony and the staff reports and has by resolution
adopted the negative declaration and approved the General Plan
Amendment; and
WHEREAS, the proposed map amendment is consistent in principle with the
General Plan in that the General Plan land use designation at 4144 and 4150
Redwood Highway has been amended from the "Office" to the
"Retail /Office" land use designation to provide a more appropriate land use
designation and the corresponding zone change implements this general plan
amendment; the zone change from P/OS (Parks/Opens Space) to PD
(Planned Development) corrects a zoning map error and corresponds with
the existing "Hillside Resource Residential" land use designation; and the
land use designation at 615 Lindaro has been amended from the "High
Density Residential" to the "Light Industrial/ Office" land use designation and
the corresponding zone change implements this general plan amendment;
and
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WHEREAS, the public health, safety and general welfare are served by the
adoption of the proposed amendment in that a negative declaration has been
adopted which identified no significant impacts from the proposed changes.
THE CITY COUNCIL OF THE CITY OF SAN RFAEL DOES HEREBY ORDAIN
AS FOLLOWS
DIVISION 1. The Zoning Map of the City of San Rafael,
California, adopted by reference by Section 14.01.020 of the Municipal Code is
amended by rezoning the property located at 4144 and 4150 Redwood
Highway, San Rafael, County Assessor's Parcel Number 155-072-01 and -02,
from the Office (0) to the Commercial/ Office (C/O) Zoning District; rezoning
the property located on Lucas Valley Road, County Assessor's Parcel Number
165-010-89 from the Parks/Open Space (P/OS) to the Planned District (PD)
Zoning District; and rezoning the property located at 615 Lindaro Street,
County Assessor's Parcel Number 13-061-49, from High Density Residential
(HR -1) to the Light Industrial/ Office (LI/O) Zoning District per legal
descriptions attached as Exhibit "A".
DIVISION 2. This zoning shall become effective in
accordance with Section 65859 of the Government Code of the State of
California.
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.
ALBERT J. BOR ayor
Attest:
JE M. LEONCINI, City Clerk
The foregoing Ordinance No. 16 8 7 was read and introduced at
a regular meeting of the City Council of the City of San Rafael, held on the 6th
day of November, 1995, and ordered passed to print by the following vote, to
wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Zappe.tini
DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest)
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 2o.th day of
November, 1995.-
JEAli Nt M. LEONCINI, City Clerk
EXHIBIT "A"
Legal Description for AP No. 155-072-01
Beginning at a point distant North 8951' East 100 feet and North 0 09'West
105 feet from the point of intersection of the Easterly line of the State
Highway as described in the Deed to the State of California dated May 23,
1951, recorded March 13, 1953 in Volume 794 of Official Records, at Page
317, Marin County Records, with the Northerly line of the land described in
the Deed to James Landis, et ux, dated March 16, 1950, recorded March 17,
1950 in Volume 643 of Official Records, at Page 240; running thence North
0 09' west 105 feet to the Northeast corner of the property described in
deed from James Landis, et al, to Michael J. Scotto, recorded August 21,
1959 in Volume 1305 of Official Records, at Page 18; running thence along
the Northerly line of said property described in Deed recorded in Volume
1305 of Official Records at Page 18, South A 51' West 92.47 feet to the
Northwest corner of the last mentioned Deed, said point being on the
Easterly line of said State Highway; thence Southerly along the Easterly line
6f said State Highway a distance of 105.27 feet, more or less to a point on
0
said Easterly line of the State Highway bearing South 89 51' West from the
point of beginning; thence North 89 51' East 99.85 feet to the point of
beginning.
Legal Description for AP No. 155-072-02
Beginning at a point which bears South 0 09' 00" East, 105.00 feet from
the Northwest corner of Lot 1 as shown upon the map entitled "Map of
Marin Professional Center, Unit 1", recorded March 3, 1958 in Volume 9 of
Maps, at page 94, Marin County Records; thence along the Westerly
boundary of said Lot 1, South 0° 09' 00" East 129.73 feet; to a point in the
Northerly Right of Way line of Professional Center Parkway; thence
Westerly along said Right of Way line on a curve to the right with a radius
11
475 feet , through a central angle of 30 S �! I '0 1 , a distance of 33.03
feet, thence along said Right of Way line the following bearings and
distances as shown on aforementioned Recorded Map Book 9, Page 94:
North 6 09' West 25.88 feet: and North 89' 51'East 67.00 feet to the
Easterly boundary of the State of California Divisions of Highways Right of
Way; thence North 00 09'00" West 93.05 feet along said Easterly right of
way ; thence along a curve to the right with a radial bearing of North 89 51'
00" East with a radius of 472.91 feet, through a central angle of 1" 26' 50"
for a distance of 11.95 feet and thence leaving said Easterly right of way
North 890 51'00" East 99.85 feet to the point of beginning.
LEGAL DESCRIPTION FOR AP NO. 165-010-89
All that certain real property situate in the City of San Rafael, County of Marin, State of California, described
as follows:
BEGINNING at the Westerly terminus of that certain course described in the Deed from Thomas A. Nunes,
et ux, to the County of Marin, recorded on January 5, 1981, Marin County Document Number 8100259,
having a bearing of North 48° 59' 32" West and a length of 118.12 feet being the Southerly boundary line
of the Old Lucas Valley Road and the Easterly boundary line of that certain parcel of land conveyed to
Horatio R. Malone, at ux, by Deed dated July 24, 1969 and recorded July 28, 1959 in Book 1298 of Official
Records, at Page 208, Marin County Records, and running thence along the said Easterly line of Horatio R.
Malone parcel South 580 20' 21" West (called South 640 36' West In said Deed dated July 24, 1959)
842.98 feet to the Southeasterly corner of said Melons Parcel; thence leaving said Malone boundary line
South 61' 09' 22" West 396.09 feet; thence South 190 08' 22" West 182.53 feet; thence South 81 ° 52'
38" East 494.31 feet; thence North 390 48' 22" East 834.22 feet; thence South 231 31' 01 " East 149.30
feet; thence South 55° 58' 12" Eas: 48.83 feet; thence North 3e° 58' 33" frost 27.70 feet; thence North
22° 06' 17" East 75.95 feet; thence North 10' 18' 47" East 279.84 feet; thence North 20° 28' 10" East
181.68 feet to the said Southerly boundary line of the Old Lucas Valley Road; thence along said Southerly
line North 48" 59' 32" West 60.88 feet to the point of beginning.
LEGAL DESCRIPTION FOR AP NO. 13-061-49
All that certain real property situate in the City of San Rafael, County of Marin, State of California, described
as follows:
PARCEL ONE:
BEGINNING at a point on the Westerly line of Lindaro Street, as widened, distant thereon South 70 15' West
63.90 feet from the Southeasterly corner of the lands described in the Deed to Lagendorf United Bakeries,
Inc., recorded September 4, 1952 in Book 762 of Official Records, at Page 138, Marin County Records;
running thence from said point of beginning along the Westerly line of said Lindaro Street, South 711 15'
West 153.70 feet and thence on a curve to the right of 10 foot radius, through a central angle of 1200 33'
a distance of 21 feet to a point on the Northeasterly line of Woodland Avenue; running thence along said
line of Woodland Avenue, North 520 35' West 203.58 feet to its intersection with the Easterly line of an
existing 50 foot private right of way (Mariposa Road, so called); running thence along said 50 foot right of
way, North 71 East 63.90 feet; thence leaving said right of way line, South 81 ° 36' East 191.36 feet to
the point of beginning.
PARCEL TWO:
AN E=ASEMENT over the above mentioned 50 foot right of way extending from the Northerly line of
Woodland Avenue to the Northerly line of that certain parcel of land deeded to Marin County Savings Bank
to Sam Smith, et al, and recorded in Book 227 of Deeds, at Page 292, Marin County Records.