HomeMy WebLinkAboutOrdinance 1574 (Smith Ranch Development Agr.)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. 1574 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AUTHORIZING THE SECOND
AMENDMENT TO THE SMITH RANCH HILLS DEVELOPMENT AGREEMENT"
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 2ND day of October
19 89 , 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 6TH day of October 1989 ,
by the following vote, to wit:
AYES: COUNCILMEMBERS• Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official seal
of the City of San Rafael this
17TH day of October
19 89
JEAN A��LEONCINI, City Clerk
ORDINANCE NO. 1574
AN ORDINANCE OF THE CITY OF SAN
RAFAEL AUTHORIZING THE SECOND
AMENDMENT TO THE SMITH RANCH
HILLS DEVELOPMENT AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN
AS FOLLOWS:
DIVISION 1. The City Council, through adoption of Ordinance
No. 1507 on June 3, 1985, approved and authorized recordation
of a development agreement between it and various entities
permitting development of certain real property known as Lots
5A, 5B and 12, Smith Ranch, located with the City of San
Rafael. In so doing, the City granted its approval for
development of a skilled nursing and personal care facility of
said Lot 5A, also known as Area 5A within Ordinance 1507.
Schedule D-1, Article III, subparagraph C of ordinance 1507
sets forth the required setbacks to be observed in the
development of Area 5A by stating as follows:
"C. Setbacks: 10 foot setback from property line to
any parking area, 20 foot setback from property
line to any building."
On August 11, 1989, Tishman Speyer Mediq Marin Limited filed an
application to amend Schedule C-1, Article III, subparagraph C
of Ordinance 1507 to permit a front setback of 0 feet to
parking area and a front setback of 10 feet to a building. On
September 18, 1989, the parties executed the First Amendment to
Development Agreement (The "First Amendment"). The parties now
desire to further amend that certain Development Agreement
pursuant to California Government Code Sections 65867 and
65868.
DIVISION 2. Schedule C-1, Article III, subparagraph C
of the Development Agreement is hereby amended in its entirety
to read as follows:
"C. Setbacks: 10 -foot setback from property line to any
parking area, 20 -foot setback from property line to
any building, except at the east property line
abutting the right-of-way for Silveira Parkway, where
setbacks shall be as follows:
No setback from Property line to any parking area;
10 -foot setback from property line to any building".
ORIGINAL ,r -,y
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. The Council further finds that each of the
proposed amendments is consistent with the San Rafael General
Plan, and that the Mayor, City Clerk and City Attorney shall be
authorized to execute that certain agreement entitled Second
Amendment to Development Agreement in connection herewith.
DIVISION S. 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 (3 0) days
after its final passage.
LAWRENCE E. MULRYAN, May6r
Attest:
JEANNE M. LEONCINI 1tCle
The foregoing Ordinance No. 1574 was read and
introduced at a Regular meeting of the City Council of
the City of San Rafael, held on the 2nd day of October
1989, and ordered passed to print by the following vote, to
wit:
AYES: Councilmembers: Boro, Breiner, Frugoli, Thayer & Mayor Mulryar
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 16th day of October , 1989.
JEANNE M. LEONCI I, it C1er]�r