HomeMy WebLinkAboutCD Future Property Annexation to the City of San Rafael____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: September 13, 2021
Disposition: Resolution 14967
Agenda Item No: 5.c
Meeting Date: September 13, 2021
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Community Development
Prepared by: Ali Giudice, Director
Leslie Mendez, Planning Manager
City Manager Approval: ______________
TOPIC: FUTURE PROPERTY ANNEXATION TO THE CITY OF SAN RAFAEL
SUBJECT: RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY AND ANDREWS LIVING TRUST ET. AL. REGARDING FUTURE
ANNEXATION OF PROPERTY LOCATED AT 345 HIGHLAND AVENUE (APN 016-011-
20)IN THE UNINCORPORATED COUNTRY CLUB NEIGHBORHOOD TO THE CITY
OF SAN RAFAEL
RECOMMENDATION:
Adopt resolution.
BACKGROUND:
The property at 345 Highland Avenue (APN 016-011-20) is owned by Jennifer Volpe and Robert
Andrews, Trustees of the Andrews Living Trust, and Laura Andrews. The property owners have
requested and received approval from the Marin Local Agency Formation Commission (LAFCO) to annex
to the San Rafael Sanitation District (SRSD). The purpose of this action is to permit the property to be
connected to and served by the SRSD wastewater/sewer system. The subject property is located in the
Country Club neighborhood, which is an unincorporated pocket between the Montecito/Dominican and
Loch Lomond/Villa Real neighborhoods. Like most properties in this unincorporated area, the subject
property is large (almost one acre) and had been historically served by a private wastewater septic
system. The unincorporated Country Club neighborhood is served by the County of Marin (County Sheriff
services) and local utilities. However, fire and paramedic services are provided by the City of San Rafael
Fire Department through a mutual agreement with the County to provide fire protection services to
County Services Area (CSA) #19 (online link presented in Attachment 3).
LAFCO’s action to permit the annexation to SRSD is confirmed in LAFCO Resolution 21-05, which was
adopted on June 10, 2021. A copy of this resolution is presented in attached Exhibit B of Attachment 2.
The LAFCO action included a waiver of the dual annexation policy, which waived the requirement of
simultaneous annexation of the property to the City of San Rafael. Nonetheless, the LAFCO action is
conditioned to require that the property owners agree to not protest or oppose a future annexation to the
City of San Rafael. LAFCO Resolution 21-05 requires such agreement be executed between the property
owners and the City of San Rafael. The agreement must include the following:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
1. The property owners agree on behalf of themselves, their heirs, and their successors that, in the
event any future proceedings for the annexation of the subject property is initiated by the City, the
owners will neither directly nor indirectly oppose nor protest such annexation.
2. The property owners agree that their obligations under this agreement run with the property. This
Agreement will obligate the existing property owners as well as any future property owners to
annex to the City if the City initiates annexation proceedings.
ANALYSIS:
The deferral of annexation to the City of San Rafael and the proposed agreement, presented in
Attachment 2, would be consistent with San Rafael General Plan 2040 Land Use Element Policy LU-1.6
(Annexation), which reads as follows:
“Policy LU-1.6: Annexation
Prior to urban development, unincorporated areas that can be reasonably served through
extension of existing City services should first be annexed. Annexation of already developed
unincorporated land in the San Rafael Planning Area should be dependent on neighborhood
interest, the cost/revenue implications of providing services and assuming liabilities for the
area, and the availability of City services.”
This policy has been interpreted to: a) discourage piecemeal, property-by-property annexations; and b)
support the study of the larger unincorporated pockets for possible annexation based on area wide
resident interest (in this case the resident interest of the Country Club neighborhood) and review of the
area wide service cost implications to the City. For this reason, LAFCO’s action to waive the dual
annexation on the condition that the property owners enter into a future annexation agreement with the
City has been a common policy and practice. Over the years, similar requests have been made for
properties in Country Club, Los Ranchitos, and Bayside Acres, all neighborhoods developed with large
residential lots initially served by individual wastewater septic systems that have been phased out for
urban sewer service. This practice to waive dual annexation at the time of annexation to SRSD has
avoided piecemeal property-by-property annexations to the City of San Rafael.
FISCAL IMPACT:
This action would have no fiscal impact on the City of San Rafael at this time. When or if the subject
property is annexed to the City, the fiscal impacts of City services will be analyzed. At present, all services
to the site are provided by other agencies, with the exception of fire and paramedic services that are
provided by the City of San Rafael through the CSA #19 service agreement between the City and the
County of Marin.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Staff’s recommended action (adopt resolution)
2. Adopt resolution with modifications.
3. Direct staff to return with more information.
4. Direct the property owners file a request to annex the subject property to the City of San Rafael.
5. Take no action.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
RECOMMENDED ACTION:
Staff recommends that City Council adopt the attached resolution authorizing the Mayor to execute an
agreement between the City and Andrews Living Trust et al. regarding future annexation of property
located at 345 Highland Avenue (APN 016-011-20) in the unincorporated Country Club neighborhood to
the City of San Rafael.
ATTACHMENTS:
Attachment 1: Draft Resolution
Attachment 2: Proposed Agreement between the City of San Rafael and Lands of Andrews Living Trust
et al. Regarding Future Annexation of Real Property at 345 Highland Avenue, APN 016-011-20, to the
City of San Rafael
Exhibit A: Legal Description
Exhibit B: Marin LAFCO Resolution 21-05
Attachment 3: County Services Agreement #19 available online:
https://www.marincounty.org/userdata/bs/agendas/060620/060620-13-AD-agree-AGR.pdf
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RESOLUTION NO. 14967
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND
ANDREWS LIVING TRUST ET. AL. REGARDING FUTURE ANNEXATION OF
PROPERTY LOCATED AT 345 HIGHLAND AVENUE (APN 016-011-20)
IN THE UNINCORPORATED COUNTRY CLUB NEIGHBORHOOD TO
THE CITY OF SAN RAFAEL
WHEREAS, Jennifer Volpe and Robert Andrews, Trustees of the Andrews Living Trust
dated June 24, 2016, and Laura Andrews are the owners of real property (“Owners”)
located at 345 Highland Avenue, APN 016-011-20 (the “Property”); and
WHEREAS, the Owners applied to the San Rafael Sanitation District (“SRSD”) to
connect to the SRSD Sewer Line; and
WHEREAS, the Property is not within the SRSD boundary and not within the City of
San Rafael city limits; and
WHEREAS, in order to connect to the SRSD sewer line, it is necessary to ANNEX to
the SRSD, which proceeding is subject to approval by the Marin Local Agency
Formation Committee (LAFCO); and
WHEREAS, application for annexation to the SRSD would normally require concurrent
annexation to the City of San Rafael unless that condition is waived or deferred; and
WHEREAS, in the LAFCO proceedings the City of San Rafael agreed to defer annexation
of the Owners’ Property to the City on the condition that the Owners enter into an
agreement that they would not object to any future proceeding for annexation of the
Property to the City of San Rafael; and
WHEREAS, LAFCO has approved the annexation subject to certain conditions as
outlined in LAFCO Resolution No. 21-05, including the condition requested by the City
of San Rafael, and the Owners have agreed to these conditions as outlined in the
proposed “Agreement between the City of San Rafael and Lands of Andrews Living
Trust et al. Regarding Future Annexation of Real Property at 345 Highland Avenue,
APN 016-011-20, to the City of San Rafael,” included as an attachment to the staff
report supporting this resolution;
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of San Rafael
that the Mayor is authorized to sign, on behalf of the City of San Rafael, the “Agreement
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between the City of San Rafael and Lands of Andrews Living Trust et al. Regarding
Future Annexation of Real Property at 345 Highland Avenue, APN 016-011-20, to the
City of San Rafael,” in the form included as an attachment to the staff report supporting
this resolution, subject to final approval as to form by the City Attorney.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council of the City of San Rafael, held on Monday, the 13th day of September 2021,
by the following vote, to wit:
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Lindsay Lara, City Clerk
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___________________________________________
RECORD WITHOUT FEE,
PER GC 27383 AND
WHEN RECORDED, RETURN TO:
City of San Rafael
City Clerk, Room 209
1400 Fifth Avenue
San Rafael, CA 94901
Attention: Lindsay Lara, City Clerk
_____________________________________________________________________________________________
AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND
ANDREWS LIVING TRUST DATED JUNE 24 2016 AND LAURA ANDREWS REGARDING
FUTURE ANNEXATION OF REAL PROPERTY AT 345 HIGHLAND AVENUE,
APN 016-011-20, TO THE CITY OF SAN RAFAEL
(Lands of Andrews Living Trust and Laura Andrews being
Annexed to the San Rafael Sanitation District)
This Agreement is made and entered into this _____ day of _______________,
2021 between the City of San Rafael (hereafter referred to as “CITY”) and Robert
Andrews and Jennifer Volpe, Trustees of the Andrews Living Trust dated June 24, 2016,
and Laura Andrews (together referred to hereafter as “OWNERS”) and is based upon the
following facts and circumstances:
1. OWNERS hold fee title to that certain real property (“Property”) as more
particularly described in Exhibit “A” attached hereto.
2. As a result of the filing of a Petition seeking annexation of the subject
Property to the San Rafael Sanitation District, the Marin Local Agency Formation
Commission has conducted proceedings and approved the requested annexation, pursuant
to its Resolution No. 21-05 adopted on June 10, 2021. Application for such annexation to
the San Rafael Sanitation District would normally require concurrent annexation to the
City of San Rafael unless waived or deferred.
3. The CITY has agreed to defer annexation of the OWNERS’ Property on
the conditions set forth hereinafter in this Agreement, and consistent with the pertinent
provisions of LAFCO Resolution No. 21-05 attached hereto as Exhibit “B”.
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:
1. OWNERS agree on behalf of themselves, their heirs, and their successors,
that in the event any future proceedings for annexation of OWNERS’ Property shall be
initiated by the CITY, OWNERS shall neither directly nor indirectly oppose nor protest
such annexation.
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2. OWNERS agree that the obligations recited herein shall run with the
OWNERS’ Property and that the Property shall be held, conveyed, hypothecated,
encumbered, leased, rented, used and occupied subject to the provisions of this
Agreement and that the obligations undertaken by OWNERS hereunder shall be binding
on all parties having or acquiring any right, title or interest in the Property.
WHEREFORE, this Agreement is executed on the dates set forth below.
OWNERS:
Dated:
ROBERT ANDREWS,
Trustee of the ANDREWS LIVING
TRUST dated June 24, 2016
Dated:
JENNIFER VOLPE,
Trustee of the ANDREWS LIVING
TRUST dated June 24, 2016
Dated:
LAURA ANDREWS
CITY OF SAN RAFAEL:
By: ___________________________ Dated:
KATE COLIN, Mayor
Attest:
Lindsay Lara, City Clerk
Approved as to Form:
______________________________
Robert F. Epstein, City Attorney
ATTACH NOTARIZATIONS
!EXHIBIT Al
EXHIBIT"A"
Annexation
of the
Lands of Andrews Living Trust etal
(APN 016-011-20)
to the
San Rafael Sanitary District
All that real property situate in the County of Marin, State of California, being the Lands of Ronald
Andrews Revocable Living Trust described in Grant Deed recorded August 24, 2017 under Document
No. 2017-0033909, described as follows:
Beginning .at the most Southerly corner of that certain parcel of Land conveyed to Ed.rick C Noon, et
ux, by Deed recorded July 12, 1945 in Book 491 of Official Records at Page 32, Marin County
Records, thence along the easterly line of said parcel North 11 ° 21' 10" East, 205.64 feet; thence
leaving said easterly line, North 87° 40' West, 245.84 feet to the most Southerly corner of that parcel of
Land conveyed to Marin County Abstract Company by Deed dated January 18, 1951, recorded May 3,
1951 in Book 686 of Official Records page 376, Marin County Records; thence along the Southerly
line of said parcel, North 81 ° 02' West, 24.38 feet to a point in the Westerly line of said Lands of Ed.rick
C Noon, et ux; thence along said Westerly line, South 28° 21' West, 98.40 feet to a point in Northerly
Right-of-Way of a 40 foot road, herein called Highland Avenue; thence along said Right-of-Way South
81° 10' East, 9.10 Feet; thence continuing along said Right-of-Way, South 3° 11' East, 15.01 Feet to a
point on the Southerly line of said Lands of Ed.rick C Noon, thence leaving said Right-of-Way along
said Southerly line South 67° 49' East, 226.50 feet and South 64° 29' East to the Point of Beginning.
Containing 1.0 Acres, more or less.
Exhibit B Attached
(End of Legal Description)
This real property description has been prepared by me,
or under my direction, in conformance with the
Professional Land Surveyors Act.
Page 1
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!EXHIBIT Al
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P.O.B.
---------
1) All Distances and Dimensions shown are in
Feet or Decimal Thereof.
2) This sheet is for graphical purposes only.
Any errors or omissions shall not affect the
property descriptions.
Annexation of the Lands of Andrews
Living Trust eta[ to the San Rafael
Sanitary District
lAFCoFlLE __ _
MAPPlNGNo. -----
!EXHIBIT Bl
MARIN LOCAL AGENCY FORMATION COMMISSION
RESOLUTION 21-05
RESOLUTION APPROVING AN ANNEXATION OF 345 HIGHLAND AVENUE TO SAN RAFAEL SANITARY
DISTRICT WITH WAIVER OF NOTICE, HEARING AND PROTEST PROCEEDINGS
"Annexation of 345 Highland Avenue (APN 016-011-20) to San Rafael Sanitary District (LAFCo File No.
1354)"
WHEREAS Jennifer and Robert Andrews, hereinafter referred to as "Property Owners," have filed a
validated landowner petition with the Marin Local Agency Formation Commission, hereinafter referred
to as "Commission," pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of
2000;and
WHEREAS the proposal seeks Commission approval to annex approximately .940 acres of
incorporated land to San Rafael Sanitary District; and
WHEREAS the affected territory represents an entire lot developed with an existing single-family
residence located at 345 Highland Avenue and identified by the County of Marin Assessor's Office as
APN 016-011-20 ("Property"); and
WHEREAS the Commission's staff has reviewed the proposal and prepared a report with
recommendations; and
WHEREAS the staff's report and recommendations on the proposal have been presented to the
Commission in the manner provided by law; and
WHEREAS the Commission considered all the factors required by law under Government Code
Section 56668 and 56668.3 and adopted local policies and procedures.
WHEREAS the proposal is for an annexation of territory that is uninhabited, and no affected local
agency has submitted a written demand for notice and hearing as provided for in Government Code
section 56662(a).
NOW THEREFORE, the Marin Local Agency Formation DOES HEREBY RESOLVE, DETERMINE AND
ORDER as follows:
Section 1. The boundaries, as set forth in the proposal, are hereby approved as submitted and are as
described and depicted in Exhibits "A" and "B" attached hereto and by this reference incorporated
herein.
1. Approve the proposed annexation of 345 Highland Avenue (APN 016-011-20) to the San Rafael
Sanitary District (File #1354) as shown and described on Exhibits "A" and "B".
2. Proceedings for the annexation shall not be completed until the Property Owners execute an
agreement (Exhibit C) with the Marin Local Agency Formation Commission wherein:
ll P age
a. The Property Owners agree on behalf of themselves, their heirs, successors and assigns
that, in the event any future proceedings for the annexation of the property to the Town of
Tiburon shall be initiated by the Town, the Property Owners shall neither directly nor indirectly
oppose or protest such annexation; and
b. That the Property Owners agree that their obligations under the agreement shall run
with the Property and that the Property shall be held, conveyed, hypothecated, encumbered,
leased, rented, used and occupied subject to the provisions of the agreement and that the
obligations undertaken by the Property Owners shall be binding on all parties having or
acquiring any right, title, or interest in the Property.
Section 2. The territory includes .940 acres, is found to be uninhabited, and is assigned the following
distinctive short form designation: Annexation of 345 Highland Avenue (APN 016-011-20) to San Rafael
Sanitary District (LAFCo File No.1354)".
Section 3. The proposal is consistent with the adopted spheres of influence of San Rafael Sanitary
District.
Section 4. The Executive Officer is hereby authorized to waive notice and hearing, and protest
proceedings and complete reorganization proceedings.
Section 5. As Responsible Agency under CEQA for the proposed annexation of APN: 016-011-20 to San
Rafael Sanitary District, LAFCo finds that the Project is categorically exempt from the provisions of CEQA
pursuant to State CEQA Guidelines Section 15319 (a).
P SSED ND DOPTED by the Marin Local Agency Formation Commission on June 10, 2021 by the
following vote:
AYES: Arnold, Coler, Connolly, Kious, McEntee, Murray, Savel
NOES:
ABSTAIN:
ABSENT:
Sashi McEntee, Chair
ATTEST: APPROVED AS TO FORM:
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J~xecutive Officer Malathy Subramanian, LAFCo Counsel
Attachments to Resolution No . 21-05
a Exhibit A -Legal Description
b Exhibit B -Map
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