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HomeMy WebLinkAboutOrdinance 1439 (354 Fourth St.)I 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. 1439 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 R-3 (MULTIPLE FAMILY RESIDENTIAL) AND C-2 (GENERAL COMMERCIAL) DISTRICTS TO P -D (PLANNED DEVELOPMENT) DISTRICT (354 Fourth Street and 351 Mission Avenue) 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 sixteenth day of August , 1982, published as required by City Charter in the Independent-Journala 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 seventh day of September 1982, by the following vote, to wit: AYES: COUNCILMEh1BERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None s WITNESS my hand and the official seal of the City of San Rafael this tenth day of September 1982. JEA�LEII City Clerk ORDINANCE NO. 1439 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 R-3 (MULTIPLE FAMILY RESIDENTIAL) AND C-2 (GENERAL COMMERCIAL) DISTRICTS TO P -D (PLANNED DEVELOPMENT) DISTRICT 354 Fourth Street and 351 Mission Avenue 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 Muni- cipal Code is amended by reclassifying the following real property from R-3 (Multiple Family Residential) and C-2 (General Commercial) Districts to P -D (Planned Development) District. Said property so reclassified is located at 354 Fourth Street & 351 Mission Avenue, San Rafael, County Assessor's Parcels 14-092-09, 14, 15 and 16, more precisely described in Exhibit "B". 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. 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. LAwnhAut E. MULRY N, Mayor Attest: J NNE M. LEC City Clerk 0-7,0`11NAL it liky - 1 - ORDINANCE NO. 1439 The foregoing Ordinance No. 1439 was read and intro- duced at a regular meeting of the City Council of the City of San Rafael, held on the 16th day of August , 1982, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS:Breiner 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 seventh day of September , 1982. 25 A/4 JE�M.EONCINIClerk AFY - 2 - EXHIBIT AI Conditions of Approval Z82-6 (a) (b) (c) (d) The P -D zoning shall be limited to the following uses: 1. 10,100 square feet for retail thrift shop; no repair of furniture shall be permitted. 2: 5,500 square feet for community center use for administrative office, referral service, emergency services,_ classrooms for employee training, and meeting room available for public use. This P -D zoning does not include services regarding alcohol/drug rehabilitation or similar counseling, or a soup kitchen. - 3. Four thousand to 4,500 square feet for residential use over the community center (temporary or emergency housing shall not be - permitted). If funding is not available for*the residential develop- ment when the building permits are issued, the Salvation Army will commit to .continue pursuing funding for the residential development and offer for future dedication to the City or private interests air - rights to allow development of the residential area. The offer to dedicate air rights shall be structured to take effect five years after the issuance of a building permit if the housing units have not been built. The offer shall also be subject to further review by the Planning Commission at the end of that five year period to assess the situation. In the event the site is not developed with the uses listed in condition (a), the southerly 100 feet of the site may be developed in conformance with the C-2 standards and the northerly portion of the site may be developed in conformance with the R-3 standards. The P -D zoning shall be valid for a period of 18 months, or until December 27, 1983. Should use permit or environmental design review approvals not be secured prior to this date, the P -D zoning shall be subject to further review by the Planning Commission at a public hearing. The P -D zoning shall only be valid upon the following occurrence, whichever occurs first: Disposition by the Court in rejecting and overruling Mr. James Lundgren's appeal; or proof of actual sale to the Salvation Army. EXHIBIT B HE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS: kLL THAT CERTAIN REAL PROPERTY IN THE CITY OF SAN RAFAEL.. COUNTY OF MARIN, ;TATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: 'ARCEL ONE : 3EGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF MISSION STREET WITH THE EASTERLY LINE OF THE LANDS CONVEYED TO RACHEL A. ROBERTS, BY DEED RECORDED SEPTEMBER 20, 1914 IN BOOK'163 OF DEEDS AT PAGE 474, °4ARIN COUNTY RECORDS; RUNNING THENCE SOUTHERLY ALONG THE EASTERLY LINE OF (SAID LANDS CONVEYED TO ROBERTS 140 FEET, MORE OR LESS, TO THE NORTHEASTERLY !BOUNDARY LINE OF THE LANDS CONVEYED TO RUTH LUNDGREN BY DEED RECORDED IN iTE300K 307 OF -OFFICIAL RECORDS AT PAGE 301, MARIN COUNTY RECORDS; RUNNING HENCE WESTERLY ALONG THE NORTHERLY LINE OF THE LANDS DESCRIBED IN DEED O LUNDGREN 100 FEET; THENCE LEAVING SAID LINE AND RUNNING NORTHERLY PARALLEL WITH THE EASTERLY LINE OF MARY STREET, 60.95 FEET TO A POINT ;IN THE SOUTHERLY LINE OF THE LANDS CONVEYED TO -JOHN ROBERTS LUNDGREN BY .DEED RECORDED IN BOOK 293 OF OFFICIAL RECORDS AT PAGE 110, MARIN COUNTY 'RECORDS; RUNNING THENCE EASTERLY AND NORTHERLY FOLLOWING THE SOUTHERLY AND EASTERLY BOUNDARY LINE OF SAID LANDS CONVEYED TO ROBERTS, TO THE SOUTHERLY LINE OF MISSION STREET; RUNNING THENCE EASTERLY ALONG THE SOUTHERLY LINE OF MISSION STREET, 80 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. PARCEL TWO,: " BEGINNING'AT A POINT ON THE.SOUTHERLY LINE'OF MISSION STREET, DISTANT EASTERLY THEREON 60 IFEET FROM THE INTERSECTION THEREOF WITH THE EASTERLY LINE OF MARY STREET; THENCE LEAVING SAID SOUTHERLY LINE OF MISSION STREET AND RUNNINGISOUTHERLY PARALLEL WITH THE EASTERLY LINE OF. MARY STREET FOR A -DISTANCE OF 100 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTHERLY LINE OF MISSION STREET FOR A DISTANCE OF 60 FEET; THENCE NORTHERLY PARALLEL WITH THE EASTERLY LINE OF MARY STREET FOR A DISTANCE OF 100 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF MISSION STREET; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF MISSION STREET 60 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION WHICH LIES WITHIN THE BOUNDARIES OF THAT PARCEL OF LAND DESCRIBED IN THE DEED FROM ZORA R. SMALL ET VIR TO THOMAS F. KEATING,. RECORDED MAY 8, 1933 IN BOOK 262 OF OFFICIAL RECORDS AT PAGE 212; MARIN COUNTY RECORDS. 'ARCEL THREE':- 3EGINNING AT'A-POINT IN THE EASTERLY•LINE OF MARY STREET WHICH POINT IS THE SOUTHWEST CORNER OF THE LANDS DESCRIBED IN THE DEED EXECUTED-BY ZORA R. SMALL, ET VIR, TO THOMAS F. KEATING, DATED MAY 4, 1933 AND RECORDE IN BOOK 262 OF OFFICIAL RECORDS AT-PAGE 2120 MARIN COUNTY RECORDS; THENCE -SOUTH 740 26'-EAST 60 FEET TO THE SOUTHEAST CORNER THEREOF;. THENCE SOUTH -150- 34' " WEST 16.08 FEET;-SOUTH-.590 26' EAST 10.24 FEET AND SOUTH 640 371 , -EAST 30.11 FEET; THENCE SOUTH -150 341-WEST 60.95 FEET TO THE.NORTHERLY LIN OF-THE PARCEL CONVEYED 1N THE DEED EXECUTED BY RACHEL A. ROBERTS TO RUTH R LUNDGREN.. ET AL, RECORDED JANUARY-9,p 1939 IN BOOK 376 OF OFFICIAL RECORDS AT PAGE 126,- MARIN COUNTY RECORDS; THENCE-ALONG THE SAID NORTHERLY LINE OF SAID PARCEL NORTH 740 26' WEST 100 FEET TO SAID EASTERLY LINE OF MARY STR.E THENCE NORTHERLY ALONG SAID EASTERLY LINE*84.65 FEET, MORE OR LESS, TO THE •-POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION WHICH LIES WITHIN THE BOUNDARIES OF THAT PARCEL OF'LAND DESCRIBED IN THE DEED FROM RACHEL A. ROBERTS TO JOHN-ROBERTS LUNDGREN.. RECORDED FEBRUARY 19, 1935 IN BOOK 293 OF OFFICIAL RECORDS AT PAGE 1100 MARIN COUNTY RECORDS. PARCEL FOUR': BEGINNING AT. A POINT. IN THE EASTERLY LINE OF MARY STREET, SAID POINT .BEING THE -NORTHWESTERLY CORNER OF THAT.CERTAIN PARCEL OF LAND DESCRIBED IN DEED. FROM RACHEL A. ROBERTS TO CITY OF SAN RAFAEL* DATED MAY 6, 192.9 AND RECOR IN BOOK 175 OF -OFFICIAL RECORDS, AT PAGE 116, MARIN COUNTY RECORDS; RUNNYIN THENCE EASTERLY AT RIGHT ANGLES TO SAID MARY STREET FOR A DISTANCE OF 200 FEET; THENCE NORTHERLY AT RIGHT ANGLES FOR A DISTANCE OF 100 FEET; THE14CE WESTERLY AT RIGHT ANGLES FOR A DISTANCE OF 200 FEET TO SAID EASTERLY LINE OF MARY STREET; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF MARY STREET FOR A DISTANCE OF 100 FEET TO THE POINT OF BEGINNINGI KS/KF