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HomeMy WebLinkAboutOrdinance 1574 (Smith Ranch Development Agr.)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. 1574 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AUTHORIZING THE SECOND AMENDMENT TO THE SMITH RANCH HILLS DEVELOPMENT AGREEMENT" 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 2ND day of October 19 89 , 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 6TH day of October 1989 , by the following vote, to wit: AYES: COUNCILMEMBERS• Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 17TH day of October 19 89 JEAN A��LEONCINI, City Clerk ORDINANCE NO. 1574 AN ORDINANCE OF THE CITY OF SAN RAFAEL AUTHORIZING THE SECOND AMENDMENT TO THE SMITH RANCH HILLS DEVELOPMENT AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. The City Council, through adoption of Ordinance No. 1507 on June 3, 1985, approved and authorized recordation of a development agreement between it and various entities permitting development of certain real property known as Lots 5A, 5B and 12, Smith Ranch, located with the City of San Rafael. In so doing, the City granted its approval for development of a skilled nursing and personal care facility of said Lot 5A, also known as Area 5A within Ordinance 1507. Schedule D-1, Article III, subparagraph C of ordinance 1507 sets forth the required setbacks to be observed in the development of Area 5A by stating as follows: "C. Setbacks: 10 foot setback from property line to any parking area, 20 foot setback from property line to any building." On August 11, 1989, Tishman Speyer Mediq Marin Limited filed an application to amend Schedule C-1, Article III, subparagraph C of Ordinance 1507 to permit a front setback of 0 feet to parking area and a front setback of 10 feet to a building. On September 18, 1989, the parties executed the First Amendment to Development Agreement (The "First Amendment"). The parties now desire to further amend that certain Development Agreement pursuant to California Government Code Sections 65867 and 65868. DIVISION 2. Schedule C-1, Article III, subparagraph C of the Development Agreement is hereby amended in its entirety to read as follows: "C. Setbacks: 10 -foot setback from property line to any parking area, 20 -foot setback from property line to any building, except at the east property line abutting the right-of-way for Silveira Parkway, where setbacks shall be as follows: No setback from Property line to any parking area; 10 -foot setback from property line to any building". ORIGINAL ,r -,y 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. The Council further finds that each of the proposed amendments is consistent with the San Rafael General Plan, and that the Mayor, City Clerk and City Attorney shall be authorized to execute that certain agreement entitled Second Amendment to Development Agreement in connection herewith. DIVISION S. 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 (3 0) days after its final passage. LAWRENCE E. MULRYAN, May6r Attest: JEANNE M. LEONCINI 1tCle The foregoing Ordinance No. 1574 was read and introduced at a Regular meeting of the City Council of the City of San Rafael, held on the 2nd day of October 1989, and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Boro, Breiner, Frugoli, Thayer & Mayor Mulryar 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 16th day of October , 1989. JEANNE M. LEONCI I, it C1er]�r