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HomeMy WebLinkAboutCD Mt. Tamalpais Cemetery LAFCO ApplicationCr� OF n�. �afl j� &Zt, Agenda Item No: 12 Meeting Date: March 1, 2010 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Prepared Patin Jensen City Manager Approval: SUBJECT: Consideration of a Resolution of Application by the City Council authorizing the filing of an application requesting that Marin Local Agency Formation Commission (Marin LAFCO) initiate annexation of Mt. Tamalpais Cemetery property and three contiguous parcels into the City of San Rafael and San Rafael Sanitation District. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution of Application and direct the Community Development Department, Planning Division staff, to file an application with Marin LAFCO to initiate annexation of territory into the City of San Rafael and San Rafael Sanitation District. BACKGROUND: In 2003, the property owner of the 56.8 -acre Mt. Tamalpais Cemetery property at 2500 Fifth Avenue filed planning applications with the County of Marin requesting approvals of a 50 -year master plan and an expansion of the cemetery facilities. The property is located at the westerly terminus of Fifth Avenue and the City of San Rafael, in the Sun Valley Neighborhood, abutting the Town of San Anselmo and Marin County Open Space lands. During the County review process, it was determined that the cemetery needed to annex into the San Rafael Sanitation District (SRSD). Consistent with Marin LAFCO's dual annexation policy, simultaneous annexation to the City of San Rafael was recommended. Given the cemetery property is within the City of San Rafael urban service area, it was determined that the planning applications should be reviewed and processed by the City of San Rafael. In 2007, the City received planning applications requesting approval of a pre-zoning/pre-annexation, use permit and design review for the cemetery property and master plan. Prezoning is required before LAFCO will approve annexation of the territory into the City. The cemetery property is bordered to the southeast by three, developed unincorporated residential properties that are located within and accessed through the City of San Rafael and Sun Valley neighborhood. Two of these properties (2450 and 2452 Fifth Avenue) are developed with single-family residences, while the third property (2468 Fifth Avenue), which is contiguous to the cemetery site, is developed with the Marin Monument Company (a commercial use). Consistent with Marin County Local Agency Formation Agency (LAFCO) policies and San Rafael General Plan 2020 Policy LU -6 (Annexation), annexation of unincorporated, developed "islands" is encouraged where existing City services can be easily provided. The residential parcels are currently surrounded by the City of San FOR CITY CLERK ONLY File No.: Council Meeting: Disposition: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Rafael properties in their neighborhood and are served by City services including sewer, water, police and fire. For this reason, the City initiated prezoning of these three contiguous properties to R-5 (Single- family Residential) District, which was processed concurrent with the cemetery applications. Consistent with the CEQA Guidelines, an Initial Study/Mitigated Negative Declaration (MND) was prepared to assess the potential environmental impacts of the cemetery project, including the prezoning and annexation of the cemetery parcel and three contiguous parcels. On December 1, 2008, the City Council held a public hearing, adopted the MND and approved the cemetery 50 -year master plan and prezoning applications. PROPOSAL: Filing of an application with Marin LAFCO is the final step required to complete the annexation process. Given that the City has initiated the prezoning of the three contiguous residential parcels it is appropriate for the City to take the lead in filing applications with Marin LAFCO. Marin LAFCO regulations require that a local agency must adopt Resolution of Application to initiate annexation proceedings. In accordance with Marin LAFCO requirements, staff has prepared a Resolution of Application to initiate proceedings to annex: a) the Mt. Tamalpais Cemetery property into the City of San Rafael and San Rafael Sanitation District; and, b) the three contiguous parcels into the City of San Rafael. ANALYSIS: Annexation of the subject properties would be consistent with the prezoning action taken by the Council on December 1, 2008. San Rafael Sanitation District supports annexation of the cemetery into the district. The draft Resolution of Application has been prepared to address the specific requirements of Marin LAFCO. Following adoption of the Resolution of Application, staff is prepared to immediately file a formal annexation application with Marin LAFCO. Marin LAFCO annexation regulations require that a notice be sent to any interested and subject agencies at least 20 -days prior to the meeting, and that a hearing be held on the Resolution of Application. Notices of the City Council Hearing were mailed on February 9, 2010, in compliance with Marin LAFCO regulations. The three affected property owners were included in the public hearing notice, and were mailed notices for all prior public hearings held on this project. Staff also mailed certified letters to these owners on June 20, 2008 and February 2, 2010 informing them of the annexation proposal. Staff has received written acknowledgement and consent to the annexation from the owner of the property at 2468 Fifth Avenue (Marin Monument Company). The residential owners at 2450 and 2452 Fifth Avenue have not yet submitted a written response to these notifications. If all property owners have not submitted written consent by the time the application is filed, Marin LAFCO will need to conduct a public hearing on the annexation. The annexation process will be concluded by LAFCO, and will include coordinating the dual annexation with San Rafael Sanitation District. Following annexation, the prezoning adopted for the properties would become effective. Upon conclusion of the annexation Mt. Tamalpais Cemetery must pursue the first phase of development, as required by the December 2008 design and use permit approvals granted for their 50 -year master plan. FISCAL IMPACT: All costs associated with filing and processing the annexation have been paid by Mt. Tamalpais Cemetery property owner. This includes staff's time preparing the report to the City Council and filing applications with Marin LAFCO. Following annexation, the City will receive its share of property tax revenues from the subject properties. There should be no additional significant costs from annexing these properties, given that the properties currently receive most of their services from the City, including police, fire, water and sewer services. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 OPTIONS: The City Council has the following options: A. Adopt the Resolution of Application and direct staff to submit the formal application. B. Continue the hearing in order for staff to provide additional information and/or return with a revised Resolution of Application, as directed by the Council. C. Deny the Resolution of Application, requiring the property owner(s) to initiate the annexation. Staff recommends Option A, as it implements the December 2008 action by the City Council, and would achieve the desirable goal to have parcels served by City services annexed into the City and its service districts. ACTION REQUIRED Adopt Resolution of Application requesting that Marin Local Agency Formation Commission initiate proceedings for the reorganization of territory and direct staff to file the application for dual annexation of property into the City of San Rafael and San Rafael Sanitation District. ATTACHMENTS 1. Vicinity Map 2. Draft Resolution of Application 3. Public Hearing Notice 4. Copies of Certified Letters to Property Owners (June 20, 2008 & February 2, 2010) ATTACHMENT Vicinity Map (2500, 2468, 2452 & 2450 Fifth Ave) ATTACHMENT 2 RESOLUTION A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE FILING OF AN APPLICATION REQUESTING THAT THE MARIN LOCAL AGENCY FORMATION COMMISSION (LAFCO) INITIATE PROCEEDINGS FOR THE REORGANIZATION OF TERRITORY. WHEREAS, the City of San Rafael City Council desires to initiate proceedings pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the California Government Code, for a reorganization which would concurrently annex territory to the City of San Rafael and San Rafael Sanitation District; and, WHEREAS, the City of San Rafael City Council has given mailed notice of its intention to adopt this resolution of application to each interested agency and each subject agency including San Rafael Sanitation District and Marin Local Agency Formation Commission, as well as to each affected property owner, and has conducted a public hearing based upon this notification; and, WHEREAS, the principal reasons for the proposed reorganization are as follows: A) The "Mt. Tamalpais Cemetery 50 Year Master Plan" proposes further development of the 56.8 acre Mt. Tamalpais Cemetery property, which is located at 2500 Fifth Avenue. The cemetery is adjacent to the City of San Rafael corporate City limits and requires annexation to the San Rafael Sanitation District. Consistent with LAFCO's dual annexation policy the City of San Rafael was given the opportunity to process the Cemetery applications. The property owner filed applications with the City for prezoning and master plan approval, as required prior to filing the annexation application with Marin LAFCO. B) Three residentially designated and developed parcels at 2450, 2452 and 2468 Fifth Avenue are located between the existing corporate City limit and the Mt. Tamalpais Cemetery property. These properties are currently served by the San Rafael Sanitation District and City services, and would become a developed county island if not included as a part of the annexation. Marin LAFCO policy and City of San Rafael General Plan Policy LU -6 encourage annexation of unincorporated developed "islands" where existing City services can easily be provided. Therefore, the City initiated prezoning of these three properties concurrent with Mt Tamalpais Cemetery property prezoning and annexation. C) On December 1, 2008, the City of San Rafael City Council adopted Resolution 12629 approving the 50 year master plan for the Mt. Tamalpais Cemetery property (City File No. UPO8-031). D) On December 15, 2008, the City of San Rafael City Council adopted Ordinance No. 1870 pre -zoning the 56.8 -acre Mt. Tamalpais Cemetery property located at 2500 Fifth Avenue for annexation into the City of San Rafael and the San Rafael Sanitation District (City File No. AX07-001). 1 ATTACHMENT 2 E) On December 15, 2008, the City of San Rafael City Council adopted Ordinance No. 1870 prezoning the three contiguous developed residential properties located at 2450, 2452 and 2468 Fifth Avenue for annexation into the City of San Rafael (City File No. AX07-001); and, WHEREAS, the subject properties would not be allowed to rezone for two -years from the effective date of annexation; and, WHEREAS, the following agencies would be affected by the proposed jurisdictional changes: Agency Nature of Change San Rafael Sanitation District Annex lands into the Sanitation District City of San Rafael Annex territory into the City of San Rafael; and, WHEREAS, the territory proposed to be reorganized contains a total of two single-family residential units and fewer than 12 registered voters, and is therefore "uninhabited" as defined under Section 56046 of the California Government Code; and, WHEREAS, a map and description of the boundaries of the territory proposed to be annexed into the San Rafael Sanitation District are attached hereto as Exhibits 1A & 1B and by this reference incorporated herein; and, WHEREAS, a map and description of the boundaries of the territory proposed to be annexed into the City of San Rafael are attached hereto as Exhibits 2A & 2B and by this reference incorporated herein; and, WHEREAS, this proposal is consistent with the adopted sphere of influence and within the urban service areas of the City of San Rafael and San Rafael Sanitation District, as shown on the City of San Rafael General Plan 2020, Exhibit 1; and, WHEREAS, the Mt. Tamalpais Cemetery property owner has consented to the annexation by filing pre -zoning and annexation applications with the City of San Rafael (City File No. AX07-001); and, WHEREAS, the property owners of 2540 Fifth Avenue, 2452 Fifth Avenue and 2468 Fifth Avenue have been notified of the proposed annexation and pre -zoning applications affecting their properties, including notification of all public hearings, as well as mailing of certified letters to all three residential property owners on June 20, 2008 and on February 2, 2010; and, WHEREAS, on December 1, 2008, the City of San Rafael City Council by Resolution 12628 adopted a Mitigated Negative Declaration for the annexation, prezoning and master plan for the proposed project, and made all findings as required pursuant to the California Environmental Quality Act (CEQA) for the pre -zoning and proposed annexation project. NOW, THEREFORE, THE CITY COUNCIL OF SAN RAFAEL does hereby adopt and approve this Resolution of Application, and the Marin Local Agency Formation Commission is hereby requested to take proceedings for the annexation of territory as authorized and in the manner provided by the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000. 2 ATTACHMENT I, Esther C. Beirne, 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 15t of March, 2010, by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: 3 Esther C. Beirne, City Clerk Exhibit 1A ANNEXATION OF THE - LANDS OF MARIN COUNTY CEMETERY COMPANY TO THE SAN RAFAEL SANITATION DISTRICT LAFCO FILE NO. MAPPING NO. All that certain real property, situate in portion of Rancho San Pedro, Santa Margarita Y Las Gallinas in the County of Marin, State of California, described as follows: BEGINNING at the most Northwesterly corner of the Mt. Tamalpais Cemetery as shown on that certain map entitled, "Record of Survey of the Mt. Tamalpais Cemetery", filed November 15, 1962 in Book 3 of Official Surveys at Page 27, Marin County Records; 1. Thence North 77°56'20" East 970.00 feet; 2. Thence South 54°36'54" East 798.38 feet to a point on the existing Sanitation District Boundary; 3. Thence along said existing Sanitation District Boundary South 35°44'08" West 1,974.45 feet; 4. Thence leaving said existing Sanitation District Boundary North 54'24'16" West 319.39 feet; 5. Thence South 82°31'44" West 68.64 feet; 6. Thence South 66°03'12" West 387.10 feet; 7. Thence South 77°58'20" West 198.93 feet; 8. Thence North 12°51'03" East 1,932.33 feet to the POINT OF BEGINNING. Containing approximately 56.4 acres more or less. Prepared By: ILS Associates, Inc. ' 18221* \\ EXP 06-30-11 RCE 1 * N: \GEN\LEGAL. DES\8433\8433ANN EXSRSD.doc 12/22/2009 M N N N S54'36'54"E 798.38' o WW1 0 a F `'I E H x F F� A mgr/// x2,rKlOol z 2 �N / / / / OWN//C,� 22 0'/ Av H O E E- Z ° 0 ///n<Z`/// z F az 9 O c. N / / / /W/ / / / /�- /_4 is / 0X 2. / / /O/ tj / / OU P n m N o ///o/%�,o// 11 o z � Z / z a O rn !� O O m rn t Z. O I n 00 In o M m Ml ui z C; w Ti 9 X w WW1 C) O F y" E H x F F� A z O Uw H O E E- Z �z z F az 9 O z W U a OU P 1'I o z � v� z a ui z C; w Ti 9 X w Exhibit 2A ANNEXATION OF THE LANDS OF MARIN COUNTY CEMETERY COMPANY AND ADJACENT LANDS TO THE CITY OF SAN RAFAEL LAFCO FILE NO. MAPPING NO. All that certain real property, situate in portion of Rancho San Pedro, Santa Margarita Y Las Gallinas in the County of Marin, State of California, described as follows: BEGINNING at the most Northwesterly corner of the Mt. Tamalpais Cemetery as shown on that certain map entitled, "Record of Survey of the Mt. Tamalpais Cemetery", filed November" 15, 1962 in Book 3 of Official Surveys at Page 27, Marin County Records; 1. Thence North 77056120" East 970.00 feet; 2. Thence South 54036'54" East 798.38 feet; 3. Thence South 35044108" West 361.80 feet to the existing San Rafael City Boundary; 4. Thence along said existing City Boundary South 35044'08" West 300.00 feet; 5. Thence South 541 15' 52" East, called South 560 00' 00" East on the Parcel Map recorded in Book 15 of Parcel Maps at Page 50, Marin County Records, 187.00 feet; 6. Thence South 35° 44' 08" West, called South 34° 00' West on the map recorded in Book 16 of Record Maps at Page 88, Marin County Records, 193.63 feet; 7. Thence South 39° 32' 03" East, called South 41' 16' 11" East on 16 RM 88, 51.69 feet; 8. Thence South 35° 44' 08" West, called South 34° 00' West on 16 RM 88, 165.78' to the center line of Fifth Avenue; 9. Thence continuing along the existing City Boundary and the center line of Fifth Avenue, North 42° 18' 52" West, called North 44° 03' West on 16 RM 88, 39.93 feet; 10. Thence North 35° 33' 52" West, called North 37° 18' West on 16 RM 88, 208.96 feet; 11. Thence leaving said center line and continuing along said existing City Boundary South 35°44'08" West 1015.36 feet; 12. Thence leaving said existing City Boundary North 54'24'16" West 319.39 feet; 14. Thence South 82°31'44" West 68.64 feet; 15. Thence South 66°03'12" West 387.10 feet; 16. Thence South 7758120" West 198.93 feet; 17. Thence North 12°51'03" East 1,932.33 feet to the POINT OF BEGINNING. N:\GEN\LEGAL. DES\8433\8433ANNEXSR.doc 12/23/2009 Exhibit 2A Containing approximately 58.0 acres more or less. Prepared by: ILS Associates, Inc. C 18221 EXP 06-30-11 RCE. N:\GEN\LEGAL.DES\8433\8433ANNEXSR.doc 12/23/2009 M N m W F Z W n � N m N 554'36'54"E 798.38'F J ~ W O Z 3 } z 00 O J ori} rcw w o 0 N N O J� a W4 O w a a Z Z zw,OM2r-,a g ¢w , / / / / / / /' / / N w zQ mww�, m k� N r0 w w Q 0 _ N V�1 a¢ao¢ ¢ � x m 3 w W J w w z m M N m n � N m N 554'36'54"E 798.38'F - O 00 O J O z N N O7 O O 0 O N 0 O , / / / / / / /' / / n Q Y 0 d W z M Z W J 91/ Q w < W z = (D Z W J O O j" 0 t. m N N n 0 0 W 6 t+7 O m M O N J QXa% O 00 / / / vy,</ /o �n �3 / /o/ / / /Ld/ 'o J wa OOx i / //IW/✓ /Ij Oi U N < QF OF z J � J J R-qj(l O o ZZC N z . 3 O z r{,a m b N - m O © Q U- �+ z EwE� O U Z O zz _ o E ` Z CZE E' .D Z Gy G. C7 0Ow0 z w U U O H v zzyww m W � O z OfW Lo 0]O [0 K) M O O w O O (1) Z i 0 0 N 0 O ' d z rn O O O O O N N W -1 0 m r n Q] O w M N w M N W� I I I I U z o o 0 0 Q z o o 0 0 a a Q z z Z Z Q Q Q Q w W T (D © 0 D z m N x X 111 O z N N O7 O O 0 O N 0 N 0 Q W m n 0 d W z M Z W J < W z = (D Z W J O O j" 0 t. m N N n 0 0 W 6 t+7 O m M O N J W z J � J J R-qj(l OfW Lo 0]O [0 K) M O O w O O (1) Z i 0 0 N 0 O ' d z rn O O O O O N N W -1 0 m r n Q] O w M N w M N W� I I I I U z o o 0 0 Q z o o 0 0 a a Q z z Z Z Q Q Q Q w W T (D © 0 D z m N x X 111 ATTACHMENT CITY OF SAN RAFAEL NOTICE OF PUBLIC HEARING You are invited to attend the City Council hearing on the following project: PROJECT: Resolution of Application to initiate Annexation of Mt. Tamalpais Cemetery and Three Contiguous Properties — The San Rafael City Council will consider adopting a Resolution of Application requesting that Marin Local Agency Formation Commission (LAFCO) initiate annexation of property at 2500 Fifth Avenue, 2450 Fifth Avenue, 2452 Fifth Avenue and 2468 Fifth Avenue into the City of San Rafael and the San Rafael Sanitation District. The initiation of this annexation application is consistent with action taken by the Council on December 1' & 15th, 2008 to prezone the subject properties in anticipation of annexation. APNs: 177-240-03, 010-351- 07, 010-351-17, 010-351-18 and 010-351-19; City of San Rafael, applicant; B Kamphausen, Marin Cemetery Company, B Brown & K Stranger; J & B Cortez; and C Ahlgren, owners; File No.: AX07-001. As required by state law, the projects potential environmental impacts have been assessed. A Mitigated Negative Declaration was adopted for the project on December 1, 2008 in compliance with the provisions of the California Environmental Quality Act (CEQA). This action is for the sole purpose of initiating filing of an application, as required by LAFCO to conclude the Annexation proceedings, and was considered by the MND. HEARING DATE: Monday, March 1, 2010, 8:00 p.m. LOCATION: San Rafael City Hall — City Council Chambers 1400 Fifth Avenue at "D" Street San Rafael, California WHAT WILL You can comment on the proposed project. The City Council will consider all public testimony and HAPPEN: decide whether to adopt the Resolution of Application. IF YOU CANNOT You can send a letter to the Office of the City Clerk, Room 209, City of San Rafael, P.O. Box ATTEND: 151560, San Rafael, CA 94915-1560. You can also hand deliver it prior to the meeting. FORMORE Contact Kraig Tambornini, Project Planner at (415) 485-3092 or INFORMATION: kraig.tambornini@cityofsanrafael.org. You can also come to the Planning Division office, located in City Hall, 1400 Fifth Avenue, to look at the file for the proposed project. The office is open from 8:30 a.m. to 5:00 p.m. on Monday, Wednesday and Thursday and 8:30 a.m. to 12:45 p.m. on Tuesday and Friday. SAN RAFAEL CITY COUNCIL /s/ Esther C. Beime Esther C. Beime CITY CLERK At the above time and place, all letters received will be noted and all interested parties will be heard. If you challenge in court the matter described above, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered at, or prior to, the above referenced public hearing. (Government Code Section 65009(b)(2)). Judicial review of an administrative decision of the City Council must be filed with the Court not later than the 90th day Sign language interpretation and assistive listening devices may be requested by calling (415) 485-3066 (voice) or (415) 485- 3198 (TDD) at least 72 hours in advance. Copies of documents are available in accessible formats upon request. Public transportation to City Hall is available through Golden Gate Transit, Line 20 or 23. Para -transit is available by callh Whistlestop Wheels at (415) 454-0964. To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are to Please publish in the Marin Independent Journal on Friday, February 19, 2010 Mailed: February 9, 2010 ATTACHMENT 4 February 2, 2010 Mayor Albert J. Bo ro Council Members Greg Brockbank Damon Connolly Barbara Heller Cyr N. Miller 010-351-18 CORTEZ JOHN & 50% ETAL CORTEZ BILLIE ETAL 2468 Fifth Avenue San Rafael, CA 94901 Certified Mail — Return Receipt Requested RE: Initiation of Annexation of Property at 2468 Fifth Ave (ATN: 010-351-18) into the City of San Rafael You may recall the City of San Rafael sent you a certified letter dated June 20, 2008 (copy attached) regarding pending prezoning and annexation of your property into the City of San Rafael. The City has completed the pre -zoning action and has initiated submittal of the application to Marin Local Agency Formation Commission (LAFCO) to complete the annexation process. As required by LAFCO, the City Council of San Rafael will hold a hearing to adopt a Resolution of Application. The hearing is tentatively scheduled for Monday, March 1, 2010. Staff is requesting your assistance by indicating whether you consent to the annexation. If all affected parties give written consent, LAFCO may proceed without notice and hearing by the commission. If you consent to the annexation please sign this letter below and return a copy to my attention as soon as possible. All costs of the annexation have been paid by the owner of the Mt. Tamalpais Cemetery property. If you would like more information or to discuss the annexation of your property further, please contact me at (415) 485-3092, or by e-mail at Kraig.Tambornini@cityofsanrafael.org. Sincerely, Kra' Tam orn Y OF SAN RAFAEL Senior Planner I, JOHN CORTEZ & BILLIE CORTEZ, owner(s) of 2468 Fifth Avenue, consent to the annexation of our property into the City of San.Rafael. Signature Signature Community Development Department 1400 Fifth Avenue, P.O. Box 151560, San Rafael, CA 94915-1560 Phone: (415) 485-3085 • Facsimile:(415) 485-3184 Date CITY OF June 20, 2008 ATTACHMENT ANEW-- AML Mayor Albert J. Boro Council Members Greg Brockbank Damon Connolly C(D Barbara Heller TN. Miller Billie and John Cortez 2468 Fifth Avenue San Rafael, CA 94901 Certified Mail — Return Receipt Requested RF: Proposed Initiation of Prezoning for Annexation of Property Known as 2468 Fifth Ave (APN: 010-351-18) into the City of San Rafael Dear Mr. Brown and Ms. Stranger: As you are aware, Mt. Tamalpais Cemetery has initiated applications to Prezone their property for annexation into the City of San Rafael in connection with their applications seeking approval to expand their existing facilities. The annexation process is appropriate for this property because the Cemetery, three residential parcels, including your property, and the Camgros property, are presently located within the jurisdiction of Marin County, but receive most services from the City of San Rafael, Furthermore, most of the Sun Valley area is within the City of San Rafael's jurisdiction. In addition, the City of San Rafael General Plan 2020 includes these properties within the City's sphere of influence, meaning that they are envisioned to be annexed into the City of San Rafael at some point. Lastly, the City's General Plan includes a policy encouraging annexation of already developed properties in unincorporated "islands" into the City provided that there is resident interest, the cost/revenue implications are positive and City streets are available to these properties (Policy LU -6). From the City's perspective, the cost/revenue implications of annexation of the Mt. Tamalpais Cemetery and isolated parcels in the vicinity such as yours would be positive because the City already provides many City services (e.g., emergency services such as fire, ambulance and police as well as sanitation services) to these properties. Annexation would allow the City to receive revenues from property tax that presently go to Marin County, which would offset the costs of the existing City services. The annexation process starts with applications to the City for Prezoning of unincorporated property to a City zoning district and related environmental review. The actual decision to annex property from one jurisdiction to another is made by Marin County Local Agency Formation Commission (LAFCO). For the Mt. Tamalpais Cemetery, these applications are already underway. If and when the City takes final action to Prezone the property and approve the proposed improvements to the cemetery, the property owner then signs a petition and submits an application to LAFCO. The LAFCO application process takes approximately four months until conclusion. If at the conclusion of the LAFCO annexation process, these properties are annexed into the City of San Rafael, the Prezoning designation that the City assigned to these properties will become effective as the City zoning designation for these properties. Community Development Department 1400 Fifth Avenue, P.O. Box 151560, San Rafael, CA 94915-1560 Phone: (415) 485-3085 • Facsimile:(415) 485-3184 ATTACHMENT Ar. John Cortez June 20, 2008 Page 2 _ i I have spoke to LAFCO's Executive Director, Mr. Peter Banning, and he has explained to me that your commercial parcel and the adjoining unincorporated residential properties at 2450 and 2452 Fifth Avenue, which are contiguous to the cemetery parcel should be annexed concurrently with the cemetery site based upon LAFCO policy. To do otherwise, would require that LAFCO to make special findings that there is a unique health or safety reason that would prevent these contiguous properties from being annexed to the City at the same time. The purpose for this policy is to ensure that City includes within its jurisdiction all properties that to which it provides service. I am writing to inform you of the City's intention to initiate Prezoning of your property for annexation into the City of San Rafael in conjunction with the Prezoning of the Mt. Tamalpais Cemetery parcel. This initiation of Prezoning is being conducted per Section 14.27.110 of the Zoning Ordinance. Please sign below acknowledging receipt of this letter and the City's intention to initiate Prezoning of your property for annexation into the City of San Rafael by Monday, June 30, 2008 and return a copy to my attention. Providing a timely response will help City staff in our preparation of materials for the Planning Commission and City Council's consideration at public hearings on the Cemetery applications that will begin on July 29, 2008. If you would like more infor nation or to discuss the City's proposal to initiate Prezoning of your property further, please contact me at (415) 485-3095, or by e-mail at raffi.boloyan@ci.san-rafael.ca.us. Sincerely, '- Raffi Boloyan CITY OF SAN RAFAEL Principal Planner annexation are and printe �Gf� lel RECEIVED J U L - 2 2008 COMMUNITY DEVELOPMENT CITY OF SAN RAFAEL of this letter and am aware of the City's intention to Prezone our property for r of San Rafayl and San Rafael Sanitation District. name cc: Peter Banning, LAFCO (regular mail) Lisa Newman, Contact Planner for City of San Rafael Sun Valley Neighborhood Association (regular mail) Date Community Development Department 1400 Fifth Avenue, P.O. Box 151560, San Rafael, CA 94915-1560 Phone: (415) 465-3065 • Facsimile:(415) 485-3184 ATTACHMENT February 2, 2010 010-351-07 BRADFORD J BROWN & KATLYN STRANGER 2450 Fifth Avenue I Mayor Albert J. Boro Council Members Greg Brockbank Damon Connolly Barbara Heller Cyr N. Miller San Rafael, CA 94901 Certified Mail — Return Receipt Requested RE: Initiation of Annexation of Property at 2450 Fifth Ave (APN: 010-351-07) into the City of San Rafael You may recall the City of San Rafael sent you a certi-fled letter dated June 20, 2008 (copy attached) regarding pending prezoning and annexation of your property into the City of San Rafael. The City has completed the pre -zoning action and has initiated submittal of the application to Marin Local Agency Formation Commission (LAFCO) to complete the annexation process. As required by LAFCO, the City Council of San Rafael will hold a hearing to adopt a Resolution of Application. The hearing is tentatively scheduled for Monday, March 1, 2010. Staff is requesting your assistance by indicating whether you consent to the annexation. If all affected parties give written consent, LAFCO may proceed without notice and hearing by the commission. If you consent to the annexation please sign this letter below and return a copy to my attention as soon as possible. All costs of the annexation process has been paid by the owner of the Mt. Tamalpais Cemetery property. If you would like more information or to discuss the annexation of your property further, please contact me at (415) 485-3092, or by e-mail at Kraig.Tambornini@cityofsanrafael.org. Si cereI 18. aig Tambomini CITY OF SAN RAFAEL Senior Planner We, BRADFORD J BROWN & KATLYN STRANGER, owners of 2450 Fifth Avenue, consent to the annexation of our property into the City of San Rafael. Signature Signature Community Development Department 1400 Fifth Avenue, P.O. Box 151560, San Rafael, CA 94915-1560 Phone: (415) 485-3085 • Facsimile:(415) 485-3184 Date Date _ ATTACHMENT 4 June 20, 2008 Bradford Brown and Katlyn Stranger 2450 Fifth Avenue San Rafael, CA 94901 Mayor Albert J. Bore Council Members Greg Brockbank Damon Connolly Barbara Heller Cyr N. Miller Certified Mail —Return Receipt Requested RE: Proposed Initiation of Prezoning for Annexation of Property Known as 2450 Fifth Ave (APN: 010-351-07) into the City of San Rafael Dear Mr. Brown and Ms. Stranger; As you are aware, Mt, Tamalpais Cemetery has initiated applications to Prezone their property for annexation into the City of San Rafael in connection with their applications seeking approval to expand their existing facilities. The annexation process is appropriate for this property because the Cemetery, three residential parcels, including your property, and the Camgros property, are presently located within thejurisdiction of Marin County, but receive most services from the City of San Rafael. Furthermore, most of the Sun Valley area is within the City of San Rafael's jurisdiction. In addition, the City of San Rafael General Plan 2020 includes these properties within the City's sphere of influence, meaning that they are envisioned to be annexed into the City of San Rafael at some point. Lastly, the City's General Plan includes a policy encouraging annexation of already developed properties in unincorporated "islands" into the City provided that there is resident interest, the cost/revenue implications are positive and City streets are available to these properties (Policy LU -6). From the City's perspective, the cost/revenue implications of annexation of the Mt. Tamalpais Cemetery and isolated parcels in the vicinity such as yours would be positive because the City already provides many City services (e.g., emergency services such as fire, ambulance and police as well as sanitation services) to these properties. Annexation would allow the City to receive revenues from property tax that presently go to Marin County, which would offset the costs of the existing City services. The annexation process starts with applications to the City for Prezoning of unincorporated property to a City zoning district and related environmental review. The actual decision to annex property from one jurisdiction to another is made by Marin County Local Agency Formation Commission (LAFCO). For the Mt. Tamalpais Cemetery, these applications are already underway. If and when the City takes final action to Prezone the property and approve the proposed improvements to the cemetery, the property owner then signs a petition and submits an application to LAFCO. The LAFCO application process takes approximately four months until conclusion. If at the conclusion of the LAFCO annexation process, these properties are annexed into the City of San Rafael, the Prezoning designation that the City assigned to these properties will become effective as the City zoning designation for these properties. Community Development Department 1400 Fifth Avenue, P.O. Box 151560, San Rafael, CA 94915-1560 Phone: (415) 485-3085 • Facsimile:(415) 485-3184 Mr. Bradford Brown and Ms. Ka,,yn Stranger ATTACHMENT 4 June 20, 2008 Page 2 I have spoke to LAFCO's Executive Director, Mr. Peter Banning, and he has explained to me that your parcel and the adjoining unincorporated residential property at 2452 and commercial property at 2468 Fifth Avenue, which are contiguous to the cemetery parcel should be annexed concurrently with the cemetery site based upon LAFCO policy. To do otherwise, would require that LAFCO to make special findings that there is a unique health or safety reason that would prevent these contiguous properties from being annexed to the City at the same time. The purpose for this policy is to ensure that City includes within its jurisdiction all properties that to which it provides service. I am writing to inform you of the City's intention to initiate Prezoning of your property for annexation into the City of San Rafael in conjunction with the Prezoning of the Mt. Tamalpais Cemetery parcel. This initiation of Prezoning is being conducted per Section 14.27.110 of the Zoning Ordinance. Please sign below acknowledging receipt of this letter and the City's intention to initiate Prezoning of your property for annexation into the City of San Rafael by Monday, June 30, 2008 and return a copy to my attention. Providing a timely response will help City staff in our preparation of materials for the Planning Commission and City Council's consideration at public hearings on the Cemetery applications that will begin on July 29, 2008. If you would like more information or to discuss the City's proposal to initiate Prezoning of your property further, please contact me at (415) 485-3095, or by e-mail at raffi.boloyan@ci.san-rafael.ca.us. Sincerely, Raffi Boloyan CITY OF SAN RAFAEL Principal Planner I acknowledge receipt of this letter and am aware of the City's intention to Prezone our property for annexation into the City of San Rafael and San Rafael Sanitation District. Signature and printed name cc: Peter Banning, LAFCO (regular mail) Lisa Newman, Contact Planner for City of San Rafael Sun Valley Neighborhood Association (regular mail) Date Community Development Department 1400 Fifth Avenue, P.O. Box 151560, San Rafael, CA 94915-1560 Phone: (415) 485-3085 •Facsimile:(415) 485-3184 ATTACHMENT CITY OF 000 AA. AL Mayor ^ Albert J. Boro Council Members Greg Brockbank Damon Connolly Barbara Heller Cyr N. Miller February 2, 2010 010-351-17&19 CALVIN AHLGREN /TR/ 2452 Fifth Avenue San Rafael, CA 94901 Certified Mail — Return Receipt Requested RE: Initiation of Annexation of Property at 2452 Fifth Ave (APN: 010-351-17&19) into the City of San Rafael You may recall the City of San Rafael sent you a certified letter dated June 20, 2008 (copy attached) regarding pending prezoning and annexation of your property into the City of San Rafael. The City has completed the pre -zoning action and has initiated submittal of the application to Marin Local Agency Formation Commission (LAFCO) to complete the annexation process. As required by LAFCO, the City Council of San Rafael will hold a hearing to adopt a Resolution of Application. The hearing is tentatively scheduled for Monday, March 1, 2010. Staff is requesting your assistance by indicating whether you consent to the annexation. If all affected parties give written consent, LAFCO may proceed without notice and hearing by the commission. If you consent to the annexation please sign this letter below and return a copy to my attention as soon as possible. All costs of the annexation process have been paid by the owner of the Mt. Tamalpais Cemetery property. If you would like more information or to discuss the annexation of your property further, please contact. me at (415) 485-3092, or by e-mail at Kraig.Tambornini@cityofsanrafael.org. Sincerely, tg Tambornini CTTY OF SAN RAFAEL Senior Planner I, CALVIN AHLGREN /TR/, owner of 2452 Fifth Avenue, consent to the annexation of my property into the City of San Rafael. Signature Community Development Department 1400 Fifth Avenue, P.O. Box 151560, San Rafael, CA 94915-1560 Phone: (415) 485-3085 • Facsimile:(415) 485-3184 Date ATTACHMENT C/TY OF Mayor "Oe1-2&, gwas" Albert J. Boro Council Members Greg Brockbank Damon Connolly Barbara Heller Cyr N. Miller June 20, 2008 Calvin Ahlgren COPY2452 Fifth Avenue San Rafael, CA 94901 Certified Mail — Return Receipt Requested RF: Proposed Initiation of Prezoning for Annexation of Property Known as 2452 Fifth Ave (APN: 010-351-17) into the City of San Rafael Dear Mr. Brown and Ms. Stranger: As you are aware, Mt. Tamalpais Cemetery has initiated applications to Prezone their property for annexation into the City of San Rafael "in connection with their applications seeking approval to expand their existing facilities. The annexation process is appropriate for this property because the Cemetery, three residential parcels, including your property, and the Camgros property, are presently located within the jurisdiction of Marin County, but receive most services from the City of San Rafael. Furthermore, most of the Sun Valley area is within the City of San Rafael's jurisdiction. In addition, the City of San Rafael General Plan 2020 includes these properties within the City's sphere of influence, meaning that they are envisioned to be annexed into the City of San Rafael at some point. Lastly, the City's General Plan includes a policy encouraging annexation of already developed properties in unincorporated "islands" into the City provided that there is resident interest, the eost/revenue implications are positive and City streets are available to these properties (Policy LU -6), From the City's perspective, the cost/revenue implications of annexation of the Mt. Tamalpais Cemetery and isolated parcels in the vicinity such as yours would be positive because the City already provides many City services (e.g., emergency services such as fire, ambulance and police as well as sanitation services) to these properties. Annexation would allow the City to receive revenues from property tax that presently go to Marin County, which would offset the costs of the existing City services, The annexation process starts with applications to the City for Prezoning of unincorporated property to a City zoning district and related environmental review. The actual decision to annex property from one jurisdiction to another is made by Marin County Local Agency Formation Commission (LAFCO). For the Mt. Tamalpais Cemetery, these applications are already underway. If and when the City takes final action to Prezone the property and approve the proposed improvements to the cemetery, the property owner then signs a petition and submits an application to LAFCO. The LAFCO application process takes approximately four months until conclusion. If at the conclusion of the LAFCO annexation process, these properties are annexed into the City of San Rafael, the Prezoning designation that the City assigned to these properties will become effective as the City zoning designation for these properties. Community Development Department 1400 Fifth Avenue, P.O. Box 151560, San Rafael, CA 94915-1560 Phone: (415) 485-3085 • Facsimile:(415) 485-3184 ATTACHMENT "r. Calvin Ahlgren June 20, 2008 Pntze 2 I have spoke to LAFCO's Executive Director, Mr, Peter Banning, and he has explained to me that your parcel and the adjoining unincorporated residential property at 2450 and commercial property at 2468 Fifth Avenue, which are contiguous to the cemetery parcel should be annexed concurrently with the cemetery site based upon LAFCO policy. To do otherwise, would require that LAFCO to make special findings that there is a unique health or safety reason that would prevent these contiguous properties from being annexed to the City at the same time. The purpose for this policy is to ensure that City includes within its jurisdiction all properties that to which it provides service. I am writing to inform you of the City's intention to initiate Prezoning of your property for annexation into the City of San Rafael in conjunction with the Prezoning of the Mt. Tamalpais Cemetery parcel. This initiation of Prezoning is being conducted per Section 14.27.110 of the Zoning Ordinance. Please sign below acknowledging receipt of this letter and the City's intention to initiate Prezoning of your property for annexation into the City of San Rafael by Monday, June 30, 2008 and return a copy to my attention. Providing a timely response will help City staff in our preparation of materials for the Planning Commission and City Council's consideration at public hearings on the Cemetery applications that will begin on July 29, 2008. If you would like more information or to discuss the City's proposal to initiate Prezoning of your property further, please contact me at (415) 485-3095, or by e-mail at raffi.boloyan@ci.san-rafael.ca.us, Sincerely, Raffi Boloyan CITY OF SAN RAFAEL Principal Planner I acknowledge receipt of this letter and am aware of the City's intention to Prezone our property for annexation into the City of San Rafael and San Rafael Sanitation District. Signature and printed name cc: Peter Banning, LAFCO (regular mail) Lisa Newman, Contact Planner for City of San Rafael Sun Valley Neighborhood Association (regular mail) Date Community Development Department 1400 Fifth Avenue, P.O. Bok 151560, San Rafael, CA 94915-1560 Phone: (415) 485-3085 . Facsimile:(415) 485-3184