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HomeMy WebLinkAboutOrdinance 1547 (Cresta Drive)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. 1547 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 U-NG(R-179) (UNCLASSIFIED-NORTHGATE ACTIVITY CENTER OVERLAY -RESIDENTIAL - 179 PEAK TRIPS) DISTRICT TO P-D-NG(R-187) (PLANNED DEVELOPMENT-NORTHGATE ACTIVITY CENTER OVERLAY -(RESIDENTIAL -187 PEAK TRIPS) DISTRICT. (Cresta Drive)." 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 18th day of July , 1988, 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 1st day of AUGUST 19 88, by the following Vote, to wit: AYES: COUNCI LbiEMBERS : Boro, Breiner, Thayer & Mayor Mul ryan NOES : COUNCI LMEb±BERS : None ABSENT: COUNCI LIIEhiBERS : Frugol i WITNESS my hand and the official seal of the City of San Rafael this Second day of August 19 88 , JEA�"'� ?v'N LEONCIN�,i�ty Clerk ORDINANCE NO. 1547 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 U-NG(R-179)( UNCLASSIFIED- NORTHGATE ACTIVITY CENTER OVERLAY -RESIDENTIAL - 179 PEAK TRIPS) DISTRICT TO P-D-NG(R-187) (PLANNED DEVELOPMENT-NORTHGATE ACTIVITY CENTER OVERLAY - (RESIDENTIAL -187 PEAK TRIPS) DISTRICT. (Cresta Drive) 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 U-NG(R-179) (Unclassified-Northgate Activity Center Overlay -Residential 179 Peak Trips) District to P-D-NG(R-187) (Planned Development-Northgate Activity Center Overlay -Residential 187 Peak Trips) District. Said property so reclassified is located on Cresta Drive, San Rafael, California, County Assessor's Parcels 155-251-20, 21, 24, and 25 and more particularly described in Exhibit "B" which is attached. DIVISION 2. Any development of this property shall be subject to the conditions outlined in Exhibit "A" which is attached hereto and made a part hereof. 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 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. Attest: JE E -M. LEONAI, Ci y Clerk. LAWRENCE E. MULRYAN, Mayor ERIN"INAL The foregoing Ordinance No.1547 was read and introduced at a regular meeting of the City Council of the City of San Rafael on the 18th day of July , 1988, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan 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 lst day of August , 1988. JEN ESM. LEONCINI4,C ity Clerk EXHIBIT "A" Conditions which were included as part of the zoning (Z85-16) action by the Planning Commission on July 12, 1988: (a) The uses, site plan, building techniques, materials, elevations and appearance of this project shall be the same as presented and approved in UP - 85 -122 and ED85-109. Any revisions, modifications, additions, expansions, remodeling, etc. shall be subject to the review and approval by the City of San Rafael. (b) The entitlement permitted by approval of this rezoning must comply with the conditions of approval made a part of UP85-122 and ED85-109. (c) This rezoning and plan approval shall be valid for only two years from the date of City Council action at which time it shall expire unless a valid building permit has been applied for. Building permits may be issued if all conditions of approval are met and the City Council has determined that Crest Marin II is a Priority Project consistent with the San Rafael General Plan 2000. EXHIBIT "B" PARCEL ONE: PARCELS 1 and 3, as shown upon that certain map entitled, "Parcel Map of Lands of Sade (remainder 2196 O.R. 632), Parcel 2, and Lands of Marin Title Guaranty Company (2266 O.R. 29), Parcels 1 & 3, San Rafael, Marin County, CA", filed for record October 16, 1981 in Volume 19 of Parcel Maps at Page 90, Marin County Records. PARCEL TWO: AN EASEMENT for the purposes of ingress and egress and for the installation of sanitary sewers, storm sewers and all public utilities, 50.00 feet in width, lying 25.0 feet on each side of the following described centerline: COMMENCING at the most Western extremity of the course set forth as "North 760 47' 54" West 75.01 feet" in the Deed from Edward Smith, et al, to Paul Sade and wife, recorded March 14, 1968 in Book 2196 0£ Official Records, at Page 632, thence South 760 47' 54" East 21.05 feet to the true point of beginning of the center- line to be herein described; thence from said true point of beginning, South 300 16' 00" East 283.66 feet; thence Southerly on the arc of a tangent curve to the right, having a radius of 235.0 feet, through a central angle of 77° 36' 00" an arc distance of 318.28 feet; thence Southerly on the arc of a reverse curve to the left, having a radius of 200.00 feet, through a central angle of 51° 20' 00", an arc distance of 179.19 feet; thence South 4° 00' 00" East 90.88 feet; thence Southerly on the arc of a tangent curve to the right, having a radius of 200.00 feet, through a central angle of 10° 40' 00" an arc distance of 37.23 feet, and thence South 60 40' West 39.57 feet to the centerline of "Smith Ranch Road". The sidelines of said easement to be lenghtened or shortened so as to extend from the Southerly boundary of said Sade parcel to the centerline* of "Smith Ranch Road". PARCEL THREE: EASEMENT for the purpose of ingress and egress, and for the installation of sanitary sewers, storm sewers and all public utilities, over an existing road known as "Smith Ranch Road"; running Westerly from the Easterly line and its extension Southerly of Parcel Two to U.S. Highway 101. PARCEL FOUR: AN EASEMENT for roadway and utilities over the following described parcel of land: BEGINNING at the most Western extremity of the course set forth as "North 760 47' 54" West 75.01 feet" in the Deed from Edward Smith, et al, to Paul Sade and wife, recorded March 14, 1968 in Book 2196 of Official Records, at Page 632, thence North 40 42' 22" East 20.46 feet; thence North 133.68 feet; thence Northwesterly on the arc of a tangent curve to the left, having a radius of 68.0 feet, through a central angle of 90°, an arc distance of 106.81 feet; thence South 81.88 feet; thence Westerly on the arc of a tangent curve to the right, having a radius of 112.0 feet, through a central angle of 150 12' 13", an arc distance of 29.72 feet; to a point of reverse curvature; thence Westerly on the arc of a reverse curve to the left, having a radius of 88.0 feet, through a central of 150 12' 13" an arc distance of 23.35 feet, thence West 142.76 feet; thence Westerly on the arc of a tangent curve to the left, having a radius'of 488.0 feet, through a central angle of 10° an arc distance of 85.17 feet; thence North 100 West 26.14 feet; thence North 830 01' 17" East 100.28 feet; thence South 6.51 feet; Exhibit "B" Page 2 thence East 132.50 feet; thence Easterly on the arc of a tangent curve to the right, having a radius of 112.0 feet, through a central angle of 150 12' 13" an arc distance of 29.72 feet to a point of reverse curvature; thence Easterly on the arc of a reverse curve to the left, having a radius of 88.0 feet, through a central angle of 150 12' 13" an arc distance of 23.35 feet; thence East 81.88 feet; thence Southeasterly on the arc of a tangent curve to the right, having a radius of 92.0 feet, through a central angle of 90° an arc distance of 144.51 feet; thence South 51.17 feet; thence Southeasterly on the arc of a tangent curve to the left, having a radius of 40.0 feet, through a central angle of 106° 45' 90" an arc distance of 74.53 feet to the point of reverse curvature; thence Northeasterly on the arc of a reverse curve to the right, having a radius of 210.0 feet, through a central angle of 16° 45' 00" an arc distance of 61.39 feet; thence East 14.39 feet; thence South 10 24' 23" West 20.0; thence West 13.90; thence South- westerly on the arc of a curve to the left, whose center bears South 190.00 feet, through a central angle of 21° 29' 33" an arc distance of 71.27 feet; thence Southerly on the arc of a curve to the left, whose center bears South 21° 29, 33" East 45.0 feet, through a central angle of 780 35' 46" an arc distance of 61.73 feet to a point on the Southerly line of the aforementioned Sade parcel; and thence along said Southerly line, North 760 47' 54" West 410 39 feet to the point of beginning. PARCEL FIVE: A NON-EXCLUSIVE EASEMENT for vehicular and pedestrian ingress and egress and for the installation, operation, maintenance, repair and replacement of utility lines, wires, pipes and conduits over that certain real property contained within and described as a "Private Street" as said "Private Street" is shown upon that certain map entitled, "Map of Crest Marin", filed for record December 16, 1981 in Volume 18 of Maps, at page 63, Marin County Records. SAID EASEMENT shall be appurtenant to, and shall pass with any conveyance or transfer of title to (whether or not mentioned in the instrument of conveyance or transfer), that certain real property described as "Parcel 1" and "Parcel 3", as shown upon that certain map entitled, "Parcel Map of Lands of Sade and Lands of Marin Title Guaranty Company", filed for record October 16, 1981 in Volume 19 of Parcel Maps, at Page 90, Marin County Records. In the event of the separate transfer or conveyance of either of said Parcels, the easement herein granted shall be and remain appurtenant to each of the parcels.