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HomeMy WebLinkAboutOrdinance 1679 (157 Woodland Ave.; Townhouses)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. 1679 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL APPROVING A DEVELOPMENT AGREEMENT BETWEEN 157 WOODLAND PARTNERS, ROBERT W. COPPLE, ROBERT BIGGS AND DAVID ROSENBERG AND THE CITY OF SAN RAFAEL FOR THE DEVELOPMENT OF TEN TOWNHOUSE UNITS AND TWO SINGLE FAMILY LOTS AT 157 WOODLAND AVENUE, SAN RAFAEL, AP NOS. 13-114-19 AND -20" 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 19th day of JUNE, 1995, 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 17th day of JULY, 1995, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 19th day of JULY, 1995. JEANNE Id. tEONCINI, fitY Clerk ORDINANCE NO. 16 7 9. AN ORDINANCE OF THE CITY OF SAN RAFAEL APPROVING A DEVELOPMENT AGREEMENT BETWEEN 157 WOODLAND PARTNERS, ROBERT W. COPPLE, ROBERT BIGGS AND DAVID ROSENBERG AND THE CITY OF SAN RAFAEL FOR THE DEVELOPMENT OF TEN TOWNHOUSE UNITS AND TWO SINGLE FAMILY LOTS AT 157 WOODLAND AVENUE, SAN RAFAEL, ASSESSOR'S PARCEL NUMBER 13-114-19 AND -20 THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. Findings A. California Government Code Sections 65864 - 65869.5 authorizes cities to enter into binding development agreements as therein provided. B. 157 Woodland Partners, Robert W. Copple, Robert Biggs, and David Rosenberg (Collectively "Owner") have requested that the City of San Rafael (the "City") enter into a Development Agreement with respect to the real property (the "Property") commonly known as 157 Woodland Avenue which is more particularly described in the legal description attached to the Development Agreement and proceedings have been taken in accordance with the City's rules and regulations for the consideration of development agreements. C. Owner has the requisite legal interest in the property to enable the City to enter into the Development Agreement with Owner. D. The Planning Commission of the City has reviewed the Proposed Development Agreement and has held a public hearing on same on May 23, 1995. The Planning Commission voted unanimously (one abstention) to recommend approval of the Development Agreement by the City Council. E. The City Council of the City of San Rafael has held a public hearing on the proposed Development Agreement and notice of intention to consider adoption of the Development Agreement has been given as required by law. F. The City Council finds that the Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan. G. The City Council finds that the Development Agreement is consistent with the uses authorized in and the regulations prescribed for the Planned Development (PD) District zone in which the real property is located. H. The City Council further finds that each and every of the facts and statements set forth in the Recitals of the Development Agreement are true and correct. The text of the proposed Development Agreement is attached to the Planning Commission staff report of May 23, 1995 and is filed in the office of the City Clerk of the City of San Rafael and is available for public review therein. Said facts and statements are hereby incorporated in this ordinance by this reference as fully and completely as if the same had been set forth at length herein. �RIGlNAI �.�� DIVISION 2. Approval The City Council of the City of San Rafael approves the Development Agreement for 157 Woodland Avenue, a copy of which is on file in the office of the City Clerk. 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. 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. e(LBER'T j, RO, Mayor Attest: j NE M. LEONC , City Clerk The foregoing Ordinance No-yjZgwas read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 19th day of June, 1995, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappeti ni & Mayor Boro 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 17th day of July, 1995. JEAWNE M. LEONCINI, City Clerk