HomeMy WebLinkAboutOrdinance 1298 (Smith Ranch Rd.)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, City 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. 1298 entitled:
URGENCY ORDINANCE of the City of San Rafael Amending Ordinance
No. 1219 which Amended the Boundaries of Districts. in Accordance
with Section 14.02.010 of the Municipal Code of San Rafael,
California, so as to Reclassify Certain Real Property from
"P -D" (Planned Development) District to "P -D" (Planned Develop
ment) District by Amending the Master Plan
(99 Cresta Drive, at Smith Ranch Road)
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 5th.
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WITNESS my hand and the official seal of
the City of San Rafael this 8th day of
June 19 78 .
J 44EM. LEOC NI, i`ty Clerk
ORDINANCE NO. 1298
AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
ORDINANCE NO. 1219 WHICH AMENDED THE BOUNDARIES OF DISTRICTS
IN ACCORDANCE WITH SECTION 14.02.010 OF THE MUNICIPAL CODE
OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL
PROPERTY FROM "P -D" (PLANNED DEVELOPMENT) DISTRICT TO "P -D"
(PLANNED DEVELOPMENT) DISTRICT BY AMENDING THE MASTER PLAN
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS:
DIVISION 1. The Zoning Districts of the City of San Rafael,
California, are amended by reclassifying the following real property
from "P -D" (Planned Development) District to "P -D" (Planned Develop-
ment) District by amending the Master Plan. Said property so reclassi-
fied is the area shown as 2B on the Master Plan for Smith Ranch,
located on the north side of Smith Ranch Road, east of Highway 101,
and shown as a portion of County Assessor's Parcel 155-120-70, as
shown on Exhibit "A" (attached hereto) and made a part hereof by
reference.
DIVISION 2. Any development of this property shall be
subject to the development plans and conditions approved in Ordinance
No. 1219 and, in addition, subject to the conditions approved in the
action labeled as Z78-9; these conditions are marked as Exhibit "B"
(attached hereto) and made a part hereof by reference.
DIVISION 3. This Ordinance is hereby declared to be an
Urgency Ordinance necessary for the immediate preservation of the
public peace, health, and safety within the meaning of Government Code
Section 25123 and will take effect and be in force upon its adoption
of a 4/5 vote of the San Rafael City Council.
The reasons for the urgency are as follows: The Applicant
requesting the rezoning herein, necessary to effect its development
project, submitted said rezoning request in a timely fashion, consist-
ent with its processing timetable and deadlines. Due to administra-
tive error and oversight, said rezoning request was not scheduled for
consideration by the City Council in a timely fashion, and expedient
rezoning is now necessary so that Applicant can avoid unnecessary
economic hardship. Moreover, rezoning on an urgency basis is hereby
declared and found to be necessary for said development project,
consistent with the General Plan and will not be detrimental nor
inimical to property in the vicinity nor to the community at large.
DIVISION 4. 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.
6�64SIF
C. PAUL BETT"INI, Mayor
Attest:
i1aFNE M. LEONCINI, City Clerk
The above and foregoing Ordinance No. 1298 was adopted as
an Urgency Ordinance of the City of San Rafael at a regular meeting of
the City Council of San Rafael held on the fifth day of June
1978, by the following vote, to wit:
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Nixon
J E -k EONCINI, City 't erk
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EXHIBIT "B"
Conditions Which Were Included As Part of The Zoning
(Z78-9) Action by The San Rafael Planning Commission
on April 25, 1978
(a) The Master Zoning Plan (Z75-7) is amended to
permit the subdivision of parcel 2B into two
lots (2B-1, 2B-2) as shown on the staff map.
(b) Cresta Drive is approved as access for Lot 2B-2.
(c) Cresta Drive, from Smith Ranch Road to the Lands
of Sade, shall be dedicated to the City.