HomeMy WebLinkAboutOrdinance 1580 (Marin Sanitary Services Zoning)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. 1580
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, PROPERTY
FROM U (UNCLASSIFIED) DISTRICT TO P -D (PLANNED DEVELOPMENT
DISTRICT (MARIN SANITARY SERVICE)"
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 20th day of
NOVEMBER. 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 meeting of the City Council of said City held on the 4th
day of DECEMBER. 1989, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Breiner & Shippey (Due to absence from previous meeting on
first reading of Ordinance)
WITNESS my hand and the official seal
of the City of San Rafael this
5th day of DECEMBER 1989.
JEAgi M. LEONCINI, CN ty Clerk
ORDINANCE NO. 1580
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, PROPERTY
FROM U (UNCLASSIFIED) DISTRICT TO P -D (PLANNED DEVELOPMENT)
DISTRICT.
(MARIN SANITARY SERVICE)
THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1 Findings.
1. Pursuant to Title 14 (Zoning) of the San Rafael Municipal
Code application has been made to rezone that certain real
property located on and near Jacoby Street, San Rafael, bearing
Assessor's Parcel Nos. 18-180-48 and 18-141-03, and more
particularly described in Exhibit "A" attached hereto, from the
U (Unclassified) District to the P -D (Planned Development)
district.
2. The City Council hereby finds that the proposed rezoning is
consistent with the goals and policies set forth in the City's
General Plan, as more specifically set forth in City Council
Resolution No. 8091 , which Resolution is on file with the
City Clerk and incorporated herein by reference.
DIVISION 2 Amendment.
The zoning Map of the City of San Rafael, California adopted by
reference by Section 14.15.020 of the City's Municipal Code is
hereby amended by reclassifying to P -D (Planned Development)
district that certain real property located on and near Jacoby
Street, San Rafael, bearing County Accessor's Parcel No. 18-
180-48 and 18-141-03 and more particularly described in Exhibit
"A" attached hereto.
DIVISION 3 Conditions of Development.
Any development of this property shall be subject to the
nUAIGl�AL ,s,t
conditions outlined in Exhibits "B" and "C" which are attached
hereto and made a part hereof.
DIVISION 4 Separability.
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 portion
of the ordinance. The City Council declares that it would have
passed this 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 5 Publication.
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 30 days after its passage.
awrence E. Mulryan," Mayor
Attest:
J M. Leoncinl City C erk
The foregoing Ordinance no. 1580 was read and introduced at a
regular meeting of the City Council of the City of San Rafael
on the 20th day of November , 198_9 , and ordered
passed to print by the following vote, to wit:
AYES: Councilmembers: Boro, Thayer & Mayor Mulryan
NOES: Councilmembers: None
ABSENT: Councilmembers: Breiner & Shippey
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and will come up for adoption as an ordinance of City of San
Rafael at a regular meeting of the City Council to be held on
the 4th day of December , 1989.
J one M. Leoncin , Ci y Clerk
3
"EXHIBIT All
1. Property to be rezoned from U (Unclassified) to P -D
(Planned Development)
REAL PROPERTY SITUATED IN THE CITY OF SAN RAFAEL, COUNTY OF
MARIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
a. The 1173.2 -acre" parcel, APN 18-141-03, described as
follows:
Beginning at the Intersection of the easterly boundary of
Northwestern Pacific Railroad, as described in Book 24 of Deeds
at Page 22, Marin County Records and the easterly boundary of
Lands of State of California, being Highway Route IV -MRN -1-C,
as shown on State of California Department of Transportation
Right of way Map R -92B.3 at the southerly terminus of the
course "North 15002137" East, 233.90 feet", as shown on said
map (R -92B.3); thence along said easterly boundary (IV -MRN -1-C
per R -92B.3) the following courses and distances: South
15002137" West, 1.66 feet; thence South 28051140" East, 67.25
feet; thence South 15002137" West, 62.91 feet; thence South
41051125" West, 31.97 feet; thence North 79047115" West, 58.70
feet; thence South 41051125" West, 94.84 feet, and thence South
77017103" West, 60.56 feet to said easterly boundary (24 Deeds
22); thence leaving said easterly boundary (IV -MRN -1-C per R -
92B.3) along said easterly boundary (24 Deeds 22) South
40021110" West, 30.76 feet to the City Limits Line of San
Rafael, being the southerly boundary of the parcel described in
Book 1792 of Official Records at Page 629, Marin County
Records; thence leaving said easterly boundary (24 Deeds 22)
along said City Limits Line and said southerly boundary (1792
OR 629) the following courses and distances: South 55042142"
East, 228.34 feet; thence South 89020101" East, 660.28 feet;
thence North 88004128" East, 150.06 feet; thence South
21°17'14" East, 577.12 feet; thence South 63050142" East,
412.69 feet; thence South 44042150" East, 139.64 feet; thence
South 45027142" East, 396.10 feet and thence 50057142" East,
607.53 feet; thence leaving said City Limits Line and said
southerly boundary (1792 OR 629) North 41027118" East, 1576.76
feet to the center of the 60 -foot roadway described in Book 313
of Official Records at Page 222, Marin County Records, which
point bears South 41027118" West, 7.415 feet from the southerly
corner of Andersen Drive, as described in Book 2888 of Official
Records at Page 121, Marin County Records; thence along said
center of said 60 -foot roadway (313 OR 222), as shown on Record
of Survey filed in Book 8 of Surveys at Page 76, Marin County
Records, the following courses and distances: North 57015100"
West, 20.47 feet; thence North 81032100" West, 204.80 feet;
thence South 69054100" West, 203.50 feet; thence South
72059100" West, 116.60 feet; thence North 84006100" West,
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384.90 feet; thence North 660491'00" West, 92.20 feet; thence
North 52028'00" West, 245.10 feet; thence North 43010'00" West,
176.80 feet; thence North 12013100" West, 406.10 feet; thence
North 48036100" West, 95.60 feet; thence North 77003100" West,
116.70 feet; thence South 80021100" West, 163.00 feet; thence
North 69037100" West, 82.00 feet; thence North 49032100" West,
106.20 feet; thence North 36008100" West, 187.60 feet and
thence North 700351'00" West, 194.20 feet to the easterly
boundary of Jacoby Street; thence leaving said center of said
60 -foot roadway (313 OR 222), along the easterly and southerly
boundary of Jacoby Street the following courses and distances:
South 3802712611, 31.736 feet; thence North 70035100" West,
149.50 feet; thence North 57009'00" West, 145.96 feet and
thence North 43001100" West, 530.23 feet to the easterly
boundary of Northwestern Pacific Railroad, being Parcel 1 as
described in Book 49 of Official Records at Page 121, Marin
County Records; thence leaving said southerly boundary of
Jacoby Street, along said last described easterly boundary (49
OR 121, Parcel 1) South 9001134" West, 219.52 feet to said
first described easterly boundary (24 Deeds 22); thence leaving
said last described easterly boundary (49 OR 121, Parcel 1)
along said first described easterly boundary (24 Deeds 22) the
following courses and distances: southwesterly along a curve to
the right, whose center bears North 80058'26" West, having a
radius of 869 feet through a central angle of 3101913611, an arc
length of 475.13 feet and thence South 40021110" West, 316.80
feet to the point of beginning.
Containing 73.37 acres, more or less.
b. The 2.8 -acre parcel, APN 18-141-03, described as follows:
Beginning at the Intersection of the westerly boundary of
Northwestern Pacific Railroad, as described in Book 24 of Deeds
at Page 22, Marin County Records and the easterly boundary of
Lands of State of California, being Highway Route IV -MRN -1-C,
as shown on State of California Department of Transportation
Right of Way Map R -92B.2 at the southerly terminus of the
course "South 15002137" West, 220.12 feet", as shown on said
map (R -92B.2); thence along said easterly boundary (IV -MR -1-C
per R -92B.2) the following courses and distances: North
1500213711 East, 220.12 feet; thence northerly along a curve to
the left, whose center bears North 73048140" West, having a
radius of 1159.92 feet through a central angle of 2303114011, an
arc length of 476.31 feet, and thence North 7020120" West,
21.59 feet; thence leaving said easterly boundary (IV -MRN -1-C
per R -92B.2) North 22005140" East, 35.58 feet; thence North
3054120" West, 69.60 feet; thence North 42018120" West, 37.78
feet to said easterly boundary (IV -MRN -1-C per R -92B.2); thence
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along said easterly boundary (IV -MRN -1-C per R -92B.2) North
7020'20" West, 190.14 feet; thence leaving said easterly
boundary (IV -MRN -1-C per R -92B.2) North 0007120" West, 30.37
feet to said easterly boundary (IV -MRN -1-C per R -92B.2); thence
along said eastery boundary (IV -MRN -1-C per R92B.2) 74057140"
East, 85.90 feet to the easterly terminus of the course "North
74057140" East, 169.87 feet, as shown on said map (R -92B.2);
thence leaving said easterly boundary (IV -MRN -1-C per R -92B.2)
North 74057140" East, 30.17 feet to said westerly boundary (24
Deeds 22); thence along said westerly boundary (24 Deeds 22)
the following courses and distances: South 11048146" East,
356.91 feet; thence southwesterly along a curve to the right,
whose center bears South 78°11'14" West, having a radius of 769
feet through a central angle of 5200915611, an arc length of
700.14 feet, and thence South 40021110" West, 105.33 feet to
the point of beginning.
Containing 2.91 acres, more or less.
2. Property for which "Industrial Uses as Specified by a Use
Permit to be Approved by the Planning Commission", shall be the
P -D district Permitted Uses, subject to the conditions of
approval.
REAL PROPERTY SITUATED IN THE CITY OF SAN RAFAEL, COUNTY OF
MARIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
a. A 20 -acre portion of the 1173.2 -acre" parcel, APN 18-
180-48, described as follows:
Beginning at the southerly corner of Andersen Drive, as
described in Book 2888 of Official Records at Page 121, Marin
County Records; thence South 41027118" West, 7.415 feet to the
center of the 60 -foot roadway described in Book 313 of Official
Records at Page 222, Marin County Records; thence along said
center of said 60 -foot roadway (313 OR 222), as shown on Record
of Survey filed in Book 8 of Surveys at Page 76, Marin County
Records the following courses and distances: North 57015100"
West, 20.47 feet and thence North 81032100" West, 27.00 feet to
the true point of beginning: thence along said center of said
60 -foot roadway (313 OR 222) as shown on said Record of Survey
(8 OS 76) the following courses and distances: North 81032100"
West, 177.80 feet; thence South 69054100" West, 203.50 feet;
thence South 72059'00" West, 116.60 feet; thence North
84006100" West, 384.90 feet; thence North 66049100" West, 92.20
feet; thence North 52028100" West, 245.10 feet; thence North
43010100" West, 176.80 feet; thence North 12013100" West,
406.10 feet; thence North 48036100" West, 95.60 feet; thence
North 77003100" West, 116.70 feet; thence South 80021100" West,
163.00 feet; thence North 69037100" West, 82.00 feet; thence
North 49032100" West, 106.20 feet; thence North 36008100" West,
A-3
187.60 feet; thence North 700351'00" West, 194.20 feet to the
easterly boundary of Jacoby Street; thence leaving said center
of said 60 -foot roadway (313 OR 222), along the easterly and
southerly boundary of Jacoby Street the following courses and
distances: South 38027126" West, 31.736 feet; thence North
70035100" West, 149.50 feet; thence North 57009100" West,
145.96 feet and thence North 43001100" West, 530.23 feet to the
easterly boundary of Northwestern Pacific Railroad, being
Parcel 1 as described in Book 49 of Official Records at Page
121, Marin County Records; thence leaving said southerly
boundary of Jacoby Street, along said easterly boundary (49 OR
121, Parcel 1) South 9001134" West, 219.52 feet to the easterly
boundary of Northwestern Pacific Railroad, as described in Book
24 Deeds at Page 22 Marin County Records; thence leaving said
first described easterly boundary (49 OR 121, Parcel 1) along
said last described easterly boundary (24 Deeds 22)
southwesterly along a curve to the right, whose center bears
North 80056126" West, having a radius of 869 feet through a
central angle of 1404913611, an arc length of 224.88 feet;
thence leaving said easterly boundary (24 Deeds 22) South
48000100" East, 348.72 feet; thence South 89030100" East,
290.83 feet; thence South 57030100" East, 166.00 feet; thence
South 45000100" East, 146.00 feet; thence South 12030100" East,
150.00 feet; thence South 34000100" East, 190.00 feet; thence
South 75000100" East, 105.00 feet; thence North 48030100" East,
292.00 feet; thence South 61000100" East, 152.00 feet; thence
South 37030100" East, 110.00 feet; thence South 10000100" East,
94.00 feet; thence South 20030100" West, 313.00 feet; thence
South 52030'00" East, 124.00 feet; thence North 79030100" East,
296.00 feet; thence South 46030100" East, 222.00 feet; thence
South 6000100" West, 52.00 feet; thence South 15000100" East,
88.00 feet; thence South 79000100" East, 178.00 feet; thence
North 73030100" East, 196.00 feet; thence North 310001'00" East,
146.00 feet; thence North 72030100" East, 360.00 feet; thence
South 77030'00" East, 80.00 feet; thence North 72030100" East,
72.00 feet; thence North 310001'00" East, 65.00 feet to the true
point of beginning.
Containing 19.95 acres, more or less.
b. The 112.8 -acre" parcel, APN 18-180-03, described as item
1.b. of this exhibit.
3. A portion of the 1173.2 -acre" parcel, APN 18-180-48, for
which "Open Space" shall be the P -D district Permitted Use:
REAL PROPERTY SITUATED IN THE CITY OF SAN RAFAEL, COUNTY OF
MARIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
Beginning at the Intersection of the easterly boundary of
Northwestern Pacific Railroad, as described in Book 24 of Deeds
at Page 22, Marin County Records and the easterly boundary of
A-4
Lands of State of California, being Highway Route IV -MRN -1-C,
as shown on State of California Department of Transportation
Right of Way Map R -92B.3 at the southerly terminus of the
course "North 15002'37" East, 233.90 feet", as shown on said
map (R -92B.3); thence along said easterly boundary (IV -MRN -1-C
per R -92B.3) the following courses and distances: South
15002137" West, 1.66 feet; thence South 28051'40" East, 67.25
feet; thence 15002137" West, 62.91 feet; thence South 41051125"
West, 31.97 feet; thence North 79047115" West, 58.70 feet;
thence 41051125" West, 94.84 feet, and thence South 77017103"
West, 60.56 feet to said easterly boundary (24 Deeds 22);
thence leaving said easterly boundary (IV -MRN -1-C per R -92B.3)
along said easterly boundary (24 Deeds 22) South 40021'10"
West, 30.76 feet to the City Limits Line of San Rafael, being
the southerly boundary of the parcel described in Book 1792 of
Official Records at Page 629, Marin County Records; thence -
leaving said easterly boundary (24 Deeds 22) along said City
Limits Line and said southerly boundary (1792 OR 629) the
following courses and distances: South 55042142" East, 228.34
feet; thence South 89020101" East, 660.28 feet; thence North
88004128" East, 150.06 feet; thence South 21°17'14" East,
577.12 feet; thence South 63050142" East, 412.69 feet; thence
South 44042150" East, 139.64 feet; thence South 45027142" East,
396.10 feet and thence South 50057'42" East, 607.53 feet;
thence leaving said City Limits Line and said southerly
boundary (1792 OR 629) North 41027118" East, 1576.76 feet to
the center of the 60 -foot roadway described in Book 313 of
Official Records at Page 222, Marin County Records, which point
bears South 41027118" West, 7.415 feet from the southerly
corner of Andersen Drive, as described in Book 2888 of Official
Records at Page 121, Marin County Records; thence along said
center of said 60 -foot roadway (313 OR 222), as shown on Record
of Survey file in Book 8 of Surveys at Page 76, Marin County
Records, the following courses and distances: North 57015100"
West, 20.47 feet and thence North 81032100" West, 27.00 feet;
thence leaving said center of said 60 -foot roadway (313 OR 222)
South 31000100" West, 65.00 feet; thence South 72030100" West,
72.00 feet; thence North 770301'00" West, 80.00 feet; thence
South 72030100" West, 360.00 feet; thence South 31000100" West,
146 feet; thence South 73030100" West, 196.00 feet; thence
North 79000'00" West, 178.00 feet; thence North 15000100" West,
88.00 feet; thence North 6000100" East, 52.00 feet; thence
North 46030100" West, 222.00 feet; thence South 79030100" West,
296.00 feet; thence North 52030100" West, 124.00 feet; thence
North 20030100" East, 313.00 feet; thence North 10000100" West,
94.00 feet; thence North 37030100" West, 110.00 feet; thence
North 61000100" West, 152.00 feet; thence South 48030100" West,
292 feet; thence North 75000100" West, 105.00 feet; thence
North 34000100" West, 190.00 feet; thence North 12030100" West,
150.00 feet; thence North 45000100" West, 146.00 feet; thence
North 57030100" West, 166.00 feet; thence North 89030100" West,
290.83 feet; thence North 48000100" West, 348.72 feet to said
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easterly boundary of Northwestern Pacific Railroad (24 Deeds
22); thence along said easterly boundary (24 Deeds 22) the
following courses and distances: southwesterly along a curve
to the right, whose center bears North 66008150" West, having a
radius of 869.00 feet through a central angle of 16030'00", an
arc length of 250.25 feet and thence South 40021110" West,
316.80 feet to the point of beginning.
Containing 53.42 acres, more or less.
A-6
"EXHIBIT B"
TO BE REZONED FROM U (UNCLASSIFIED) DISTRICT
TO P -D (PLANNED DEVELOPMENT) DISTRICT
P -D PERMITTED
USES:
❑ OPEN SPACE
P% INDUSTRIAL
USES AS SPECIFIED
BY A USE PERMIT
APPROVED BY THE
PLANNING
COMMISSION
73.2 ACRES
B-1
2.8 ACRE!
PCOERTE. BKLUNC
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BUILCINCE BION G PLANNIND INC.
"EXHIBIT C"
Conditions of Approval
1. The land to be zoned P -D (Planned Development) district
shall be the 73.2 -acre parcel and 2.8 -acre parcel shown on
Exhibit "B" and more particularly described on Exhibit "A".
2. The P -D (Planned District) Permitted Uses shall be "Open
Space" and "Industrial Uses as Specified by a Use Permit
Approved by the Planning Commission for the portions of the
property so designated on Exhibit "B", and more particularly
described on Exhibit "A", except that the Permitted Use of the
2.8 -acre parcel shall be further limited by condition #3.
3. a) The only use of the 2.8 -acre parcel authorized by
approval of P -D zoning shall be the temporary storage of
automobiles which are to be crushed by Marin Sanitary Service
and the temporary storage of compost material. Approval of P -D
zoning shall not be construed as entitlement to construct or
occupy any building.
b) The uses hereby authorized for the 2.8 -acre parcel
may be initiated only after the applicant demonstrates to the
satisfaction of the City Attorney that access rights over the
former railroad right of way exist. The authorization of the
uses shall terminate concurrent with any loss of access rights.
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