HomeMy WebLinkAboutOrdinance 1563 (Merrydale McDonald's)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. 1563 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 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA,
SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -C -NG (PLANNED
COMMUNITY-NORTHGATE ACTIVITY CENTER OVERLAY (C-100 & C-71)
DISTRICT TO P -C -NG (PLANNED COMMUNITY-NORTHGATE ACTIVITY CENTER
OVERLAY (C-158 & C-89) DISTRICT. (170 Merrydale Road) (McDonald's)"
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 15TH day of MAY
, 1989, 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
held on the FIFTH
Vote, to wit:
meeting of the City Council of said City
day of JUNE 19 89 by the following
AYES: COUNCILMEMBERS: Boro, Thayer and Mayor Mulryan
NOES: COUNCI LMEbit3ERS : None
ABSENT: COUNCILME03ERS: Breiner and Frugoli
WITNESS my hand and the official seal
of the City of San Rafael this
5th day of JUNE
JEAN LEONCI I`Q City Clerk
ORDINANCE NO. 1563
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE
ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA,
ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL
CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY
CERTAIN REAL PROPERTY FROM P -C -NG [PLANNED COMMUNITY-
NORTHGATE ACTIVITY CENTER OVERLAY (C-100 & C-71)]
DISTRICT TO P -C -NG [PLANNED COMMUNITY-NORTHGATE
ACTIVITY CENTER OVERLAY (C-158 & C-89)] DISTRICT.
(170 Merrydale Road)
(McDonald's)
THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. The Zoning Map of the City of San Rafael, California,
adopted by reference by Section 14.15.020 of the Municipal Code is amended by
reclassifying the following real property from P -C -NG [Planned Community-Northgate
Activity Center Overlay (C-100 & C-71)] District to P -C -NG [Planned Community-
Northgate Activity Center Overlay (C-158 & C-89)] District, respectively. Said
property so reclassified is located at 170 Merrydale Road, San Rafael, County
Assessor's Parcel 179-104-04 and 07, respectively, and more particularly described
in Exhibit "A" which is attached.
DIVISION 2. Any development of this property shall be subject to the
development plans and conditions pertaining thereto which are included as a part
of a Use Permit UP87-113 and Environmental Design Review ED87-132 approved by the
Planning Commission on March 14, 1989.
DIVISION 3. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such holding or holdings
shall not affect the validity of the remaining portions of the ordinance. The
Council declares that it would have passed this ordinance and each section,
subsection, sentence, clause and 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.
Attest:
J M. LE N INI�ity rk
LAWRENCE E. MULRYAN, Mayor
'U" R I C I hl �1- ,s63
The foregoing Ordinance No. 1563 was read and introduced at a regular meeting
of the City Council of the City of San Rafael on the 15th day of
May , 1989, and ordered passed to print by the following vote, to
wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli & Mayor Mulryan
NOES: COUNCILMEMBERS: Thayer
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 5th day of
June , 1989
J LEO CINI,�City Cler
EXHIBIT "A"
County Assessor's Parcel 179-104-07 to be rezoned from P -C -NG (C-100)
to P -C -NG (C-158)
DESCRIPTION
All that certain Real Property situate in the City of San Rafael, County of Marin,
State of California, described as follows:
PARCEL ONE:
PARCEL A, as shown upon that certain parcel map entitled, "Wiltshire Land Division,
a Resubdivision of Parcel 2, as recorded in P.M. Bk. 9 - Pg. 90, San Rafael, Marin
County, California", filed for record October 26, 1979 in Volume 17 of Parcel Maps,
at Page 31, Marin County Records.
Reserving therefrom a 25' access and egress easement, 10' sewer easement, a parking
easement and an access easement to be appurtenant to Parcel B as shown upon the filed
Parcel Map referred to above.
PARCEL TWO:
Easements for parking and access purposes over the parking easement and access easement
appurtenant to Parcel A, lying within the boundaries of Parcel B, as shown upon that
certain parcel map entitled, "Wiltshire Land Division, a Resubdivision of Parcel 2, as
recorded in P.M. Bk 9 - Pg. 90, San Rafael, Marin County, California", filed for
record October 26, 1979 in Volume 17 of Parcel Maps, at Page 31, Marin County Records.
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Page 2. Exhibit "A"
County Assessor's Parcel 179-104-04 to be zoned from P -C -NG (C-71)
to P -C -NG (C-89)
All that certain real property situate in the County of Marin,
State of California, described as follows:
Being -'a portion of Lots 6, 7, 8, 29, 30, 31 and 32 i'n Block 28 as
shown on the map entitled "Map of Subdivision A of Golf Links
Tract", filed for record January 14, 1908 In Volume 2 of Maps, at
Page 107, Mar in County Records more particularly described as
follows:
BEGINNING at a point being the easterly terminus of the course
described as North 600 24' 19" East, 14.29 feet per deed conveyed
by Norman Canz 1 ani, et ux, to the State of Ca I i forn ia; recorded
Apr 1 l 7, 1959 In Volume 1 269 of Official Records, at Page 41,
Marin County Records; thence from said point -North 29° 101 07"
West 66.33 feet; thence North 81° 06' 53" East, 274.27 feet;
thence North 60 141 33" East, 40.47 feet to the easterly I i ne of
Block 28 of said tract; thence southerly along said I 1 ne South
29° 10' 07" East, 41.65 feet to the most northeasterly corner of
said State of California property, said corner being the
beginning of a non -tangent curve to the right with a radial line
to said point that bears South 83° 18' 41" East; thence along
said curve to the right having a radius of 150.00 feet, a
central an I e of 540 05' 5711, an arc length of 141 .63 feet;
thence South 60° 47' 20" West, (South 60° 47' 16" West Deed)
108.84 feet; thence along a curve to the right having a radius of
50.00 feet, a central angle of 89° 37' 0311, an arc length of
78.21 feet; thence North 29° 35' 37" West, '(North 29° 35' 41"
West Deed) 50.00 feet to the point of beginning.
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