HomeMy WebLinkAboutCC Resolution 10991 (Aldersly Garden Retirement Comm.)RESOLUTION NO. 10991
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING
A MASTER USE PERMIT (UPO1-27) AND ENVIRONMENTAL AND DESIGN REVIEW
PERMIT (ED00-72) FOR THE ALDERSLY GARDEN RETIREMENT COMMUNITY
AT 308 AND 326 MISSION AVENUE
(APN 014-054-31 and 32)
WHEREAS, on June 15, 2001, NCB Development Corporation submitted applications to
the City of San Rafael requesting approval of a planned development for the Aldersly Retirement
Community that would allow the construction of a 200 square -foot addition to the main campus
dining room and a new 30 -unit assisted living facility and associated site improvements; and
WHEREAS, the applications included concurrent requests for a Planned Development
(PD) District Rezoning (ZCO1-04), Master Use Permit (UPO1-27) and Environmental and Design
Review Permit (EDO1-72); and
WHEREAS, upon review of the applications, a Mitigated Negative Declaration was
prepared for the project and made available for public review on October 25, 2001, consistent
with the requirements of the California Environmental Quality Act (CEQA); and
WHEREAS, the City Council has approved the Mitigated Negative Declaration by
adoption of a separate resolution; and
WHEREAS, on November 13, 2001, the City of San Rafael Planning Commission held a
duly noticed public hearing on the proposed Master Use Permit and Environmental and Design
Review Permit, accepting all oral and written public testimony and the written report of the
Community Development Department staff; and
WHEREAS, the Planning Commission recommended approval of the Master Use Permit
and Environmental and Design Review Permit in Resolution No. 01-57; and
WHEREAS, on December 17, 2001, the City of San Rafael City Council held a duly
noticed public hearing on the proposed Master Use Permit and Environmental and Design
Review Permit, accepting all oral and written public testimony and the written report of the
Community Development Department staff.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael does hereby approve the proposed Master Use Permit and Environmental and Design
Review Permit, based on the following findings and subject to the conditions of approval below:
Findings
Master Use Permit
1. The proposed 200 square -foot dining room expansion and 30 -unit assisted living facility,
as conditioned, are in accord with the General Plan, the Montecito/Happy Valley
Neighborhood Plan, the objectives of the Zoning Ordinance, and the purposes of the PD
District in which the site is located in that the General Plan High Density Residential land
use designation and the Planned Development zoning district regulations permit the
proposed expansion of the Aldersly campus.
The proposed 200 square -foot dining room expansion and 30 -unit assisted living facility,
together with the conditions applicable thereto, will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or improvements in the
vicinity, or to the general welfare of the City in that a Mitigated Negative Declaration has
been prepared and adopted for the project pursuant to the provisions of the California
Environmental Quality Act (CEQA), and the project has been reviewed by all appropriate
City Departments and permitting agencies and has been conditioned accordingly to avoid
such detriment.
3. The proposed mix of residential units and communal facilities comply with the applicable
provisions of the Planned Development (PD) District contained in the Zoning Ordinance
and all other applicable provisions of the Zoning Ordinance, as discussed in Use Permit
Finding 1 above, as well as discussed in the PD District and Environmental and Design
Review Permit findings made for the project.
4. The proposed project, as proposed and conditioned, would improve the existing loading
and parking deficiencies on the Aldersly campus.
Environmental and Design Review Permit
1. The project design, as conditioned, is in accord with the General Plan, the Neighborhood
Plan, objectives of the Zoning Ordinance in that the Design Review Board has reviewed
the project for compliance with the General Plan Policies and Montecito/Happy Valley
Neighborhood Plan Policies and the Landscape, Parking, Building and Site Design
Criteria in the Zoning Ordinance, and has recommended that the project meets the
established criteria by providing a high quality design and materials that are appropriate
for the site and neighborhood.
2. The project design are consistent with all applicable site, architecture and landscaping
design criteria and guidelines for the district in which the site is located in that said
criteria have been established under a Planned Development District which is in
compliance with the General Plan, the Planned Development zoning regulations and the
surrounding development.
3. The project design minimizes adverse environmental impacts as follows:
a. Construction -related dust generation would be minimized and impacts to sensitive
receptors would be reduced to a less -than -significant level by the implementation of
dust control measures during demolition, grading and construction activities. These
measures include but are not limited to suspending dust -generating activities during
windy conditions, watering and sweeping of streets and the construction site on a
daily basis, and requiring that all trucks hauling demolition debris from the site be
covered.
b. Impacts related to expansive soils on the site would be reduced to a less -than -
significant level by adhering to the recommendations contained in the Geotechnical
Investigation.
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c. The impacts of construction noise would be minimized by limiting the hours of
noise -producing construction activities, installing a temporary noise barrier, and
notifying adjacent residents in advance of noise -producing demolition, grading and
construction activities.
d. Mechanical equipment would be designed and/or insulated to ensure that outdoor
noise levels at the adjacent residential property do not exceed General Plan noise
standards for residential land uses (Ld„ of 60 dB).
4. The project design would not be detrimental to the public health, safety or welfare, nor
materially injurious to properties or improvements in the vicinity in that the project has
been reviewed by all appropriate City Departments and permitting agencies and
conditioned accordingly and the potential environmental impacts of the project were
assessed pursuant to the California Environmental Quality Act, a Mitigated Negative
Declaration was prepared for the project and modifications are included in the project
design which reduce impacts to less -than -significant levels.
Conditions of Approval
Master Use Permit
1. Except as modified herein, the Master Use Permit (UPO1-27) authorizes development of the
2.85 -acre Aldersly campus in accordance with the Planned Development (PD) District
approval (ZCO1-04), which lists the permitted uses and development standards for
development of the site and the associated Development Plan.
2. Any change in the use of existing buildings on the site shall require an amendment to the
Master Use Permit.
3. The Community Development Director may review and approve amendments to the Master
Use Permit, which are within the limits of the approved PD District (ZCO1-04) and the PD
zoning regulations.
4. Development of the site (i.e., the building design and location, scale, architecture,
landscaping and similar improvements) shall be completed in accordance with a valid (i.e. not
expired) Environmental and Design Review Permit approval.
5. The Use Permit shall be subject to the Environmental and Design Review Permit (EDO1-72)
conditions of approval.
6. The 200 square -foot expansion of the campus dining room shall require the approval of an
Environmental and Design Review Permit.
7. All project mitigation measures specified in the Negative Declaration Mitigation Monitoring
and Reporting Program shall be completed.
8. All biohazardous waste generated on the Aldersly campus, including but not limited to used
bandages/dressings, out-of-date prescription medication and sharps/needles shall be stored in
appropriate containers until they are picked up and shall be disposed of by a service that is
licensed to handle such materials.
9. On-site facility management shall assign and manage approved tandem parking spaces in
such a manner that minimizes the turnover of the eastern most tandem spaces, but maximizes
the use of all on-site parking. The parking management program may be reviewed and
modified by the Community Development Director if necessitated by neighbor complaint,
and referred to the Planning Commission if deemed appropriate by the Community
Development Director.
10. The property owner agrees as a condition of the approval of this permit to defend at his sole
expense any action brought against the City because of the approval of this permit. The
property owner shall reimburse the City for any court costs and attorney's fees which the City
may be required by a court to pay as a result of such action. City may, at its sole discretion,
participate in the defense of any such action but such participation shall not relieve applicant
of his obligations under this condition.
11. This Master Use Permit shall be valid for a period of two years from the date of City Council
approval and shall be null and void unless a building permit is issued and construction
diligently pursued, or a time extension is requested.
Environmental and Design Review Permit
12. Except as conditioned herein, building techniques, materials, elevations, landscaping and
appearance of this project, as presented for approval, shall be the same as required for the
issuance of a building permit. Any future additions, expansions, remodeling, etc. shall be
subject to the review and approval of the Planning Division.
13. This Environmental and Design Review Permit shall be subject to the adopted PD zoning
regulations (ZCO1-04) and all conditions of approval applicable to the Master Use Permit
(UPO 1-27).
14. This Environmental and Design Review Permit (ED00-72) shall be valid for two years from
the date of City Council approval and shall be null and void if a building permit is not issued
or a time extension granted.
15. City review and approval of a Sign Permit shall be required for project entry signage,
consistent with the Sign Ordinance regulations.
16. All mechanical equipment (i.e., air conditioning units, meters and transformers) and
appurtenances not entirely enclosed within the structure (on side of building or roof) shall be
screened from public view as indicated on project plans.
17. Any materials containing asbestos, lead-based paints or other potentially hazardous building
materials shall be removed in compliance with all applicable federal, state and local
regulations and the requirements of any agency having jurisdiction. Before removal of any
materials suspected to contain asbestos, the BAAQMD's Enforcement Division shall be
notified to determine proper handling procedures and permit requirements.
18. Dust -producing activities shall be suspended when wind (instantaneous gusts) exceed 25
mph. (Mitigation Measure III.d.1)
19. A dust -control coordinator shall be designated. The telephone number and person to contact
regarding dust complaints shall be prominently posted on the site. This person shall respond
to complaints within 24 -hours or less and have the authority to take corrective action.
(Mitigation Measure III.d.2)
20. The following measures shall be identified in construction contracts and shall be taken during
demolition and construction activities:
a. Watering shall be used to control dust generation during demolition of structures and
break-up of pavement.
b. All trucks hauling demolition debris from the site shall be covered.
c. Dust -proof chutes shall be used to load debris into trucks whenever feasible.
d. All active construction areas shall be watered at least twice daily.
e. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be
watered or covered.
f. All trucks hauling soil, sand, and other loose materials shall be covered or shall be required
to maintain at least two feet of freeboard.
g. All paved access roads, parking areas and staging areas at the construction site shall be
swept daily (preferably with water sweepers).
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h. Adjacent public streets shall be swept daily (preferably with water sweepers) if visible soil
material is carried from the construction site onto the public street. (Mitigation Measure
III.d.3)
21. Prior to the issuance of a building permit, the project sponsor shall submit a geotechnical
report for review and approval by the City of San Rafael Building Official. The report shall
contain specific recommendations regarding the foundation scheme that is proposed for the
assisted living building and the expansive soils conditions that exist on the property.
(Mitigation Measure VI. d.1)
22. At least 10 calendar days prior to the start of demolition and/or construction activities, the
neighbors located adjacent to the project site shall be notified in writing of the construction
schedule. (Mitigation Measure XI.a.1)
23. To reduce construction impacts on the adjacent residential properties, all construction
activities at the site shall be limited to the hours between 7:30 AM and 5:00 PM Monday
through Friday. Construction is not permitted on Saturday, Sunday or City -observed
holidays. Construction activities shall include delivery of materials, start up of construction
equipment engines, arrival of construction workers, playing of radios and other noises caused
by equipment and/or construction workers arriving at or on the site. (Mitigation
MeasureXI.a.2)
24. Power construction equipment shall be turned off when not in use. (Mitigation Measure
XI.a.3)
25. All stationary noise -generating equipment, such as air compressors, shall be located as far
away as is practical from adjacent homes. (Mitigation Measure XI.a.4)
26. Prior to the issuance of a grading, demolition or building permit, a construction disturbance
coordinator shall be designated for the project site. The coordinator shall be responsible for
receiving and acting on complaints about construction noise when activities are occurring.
The coordinator shall determine and implement remedial measures as necessary to alleviate
significant noise problems. The telephone number of the coordinator shall be clearly posted
on a sign at each construction site entrance. The cost of retaining coordinator shall be the
responsibility of the project sponsor. (Mitigation Measure XI.a.5)
27. Prior to the issuance of a grading, demolition or building permit, an approximately six-foot
tall temporary noise barrier shall be constructed along the eastern property line. This barrier
shall be solid with no cracks or gaps. This barrier would provide a noticeable 5 to 10 dBA of
noise reduction when construction activities occur at ground level. The exact height needed
to achieve these reductions shall be determined based on topographical maps during the
design phase of the project (Mitigation Measure )U.a.6).
28. Mechanical equipment shall be designed so that it does not generate noise that exceeds 54
dBA measured at the adjacent property line. This would ensure that outdoor noise levels at
adjacent residential properties do not exceed an Ld„ of 60 dB. Prior to the issuance of a
building permit, the project sponsor shall submit to the San Rafael Community Development
Department a letter prepared by a professional in the field of acoustics, which demonstrates
how the roof -mounted mechanical equipment would achieve this performance standard over
time. (Mitigation Measure XI.a.7)
29. If, during the course of construction, cultural, archaeological or paleontological resources are
uncovered at the site (surface or subsurface resources) work shall be halted immediately
within 50 meters (150 feet) of the find until it can be evaluated by a qualified professional
archaeologist. The City of San Rafael Planning Division and a qualified archaeologist (i.e.,
archaeologist registered with the Society of Professional Archaeologists) shall be
immediately contacted by the responsible individual present on-site. When contacted, the
project planner and the archaeologist shall immediately visit the site to determine the extent
of the resources and to develop proper mitigation measures required for the discovery.
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30. Prior to issuance of a building permit, the final landscaping and irrigation plans shall be
submitted to the Planning Division for review and approval.
31. All landscaping shall be installed prior to the occupancy of the new assisted living facility.
The City may agree to accept a bond for a portion of landscaping improvements not
completed. In the event that a bond is posted for a portion of the site landscaping, it shall
cover the amount estimated for completing the landscaping. All areas proposed for
landscaping must be covered with bark or a substitute material approved by the Community
Development Department prior to occupancy.
32. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and
debris. Prior to final occupancy, the applicants shall submit a two-year maintenance contract
for landscaping or post a two-year maintenance bond.
33. The landscaping plan shall be reviewed and approved by the Marin Municipal Water District
prior to issuance of building permits.
34. A traffic mitigation fee of $1,900.00, adjusted according to the Lee Saylor Construction
Index to take into account changes in construction costs, shall be paid at issuance of a
building permit. This is based on a fee of $ 950 for each new PM peak hour trip times two
trips.
35. An encroachment permit shall be obtained prior to any work within the public right-of-way.
36. Prior to the issuance of an encroachment permit for the Belle Avenue loading area, the details
of the loading area shall be reviewed by the Design Review Board and approved by staff.
37. Prior to the issuance of a building permit for the assisted living facility, the applicant shall
submit a plan for improving the parking area within the public right-of-way on Ridge Road
near its intersection with Belle Avenue.
38. Prior to the issuance of a building permit for the assisted living facility, theDesign Review
Board shall reconsider the retaining wall that runs along the east property line of the Aldersly
campus, adjacent to Union Street properties. Specifically, the Design Review Board shall
consider a more elegant solution for the retaining wall that takes into account the impacts on
the adjacent Union Street properties, and shall reconsider whether the retaining wall should
be rebuilt to follow the jogs in the property line.
39. Plans submitted for a building permit shall show the proposed tandem parking area sloped
down toward the property at 304 Mission Avenue to the maximum extent allowed by Code;
drainage shall be conveyed in such a manner as to avoid negative impacts on adjacent
properties.
40. An engineered site plan showing all existing and proposed site conditions shall be submitted
with the application for a building permit.
41. A level `B" soils report shall be submitted with the application for a building permit.
42. The project soils engineer shall review and approve the plans submitted for a building permit
for compliance with the recommendations of the project soils report.
43. All earth and foundation work shall be done under the direction of a soils engineer and a final
report shall be submitted prior to final inspection approval.
44. Any curb, gutter, or sidewalk damaged during construction shall be replaced to the
satisfaction of the City Engineer.
45. Disabled parking spaces shall be arranged so that they do not require wheeling behind other
parked cars.
(Fire Deparhnent)
46. All roadways shall be at least 20 feet wide, unobstructed and have an all-weather surface
capable of supporting 40,000 pounds gross vehicle weight.
47. Due to the excessive driveway length, an approved driveway turnout shall be installed
capable of accommodating Fire Department apparatus.
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48. Fire lane signs and curb markings shall be installed for all access roadways, parking lots, and
driveway as specified by the Fire Marshal conforming to Fire Prevention Standard 204.
49. Addresses shall be posted conforming to Fire Prevention Standard 205.
50. An automatic fire detection system may be required to be installed conforming to NFPA 71
and 72E and Fire Prevention Standard 300 based on the calculated fire flow of the structure.
51. The alarms from fire detection systems and commercial fire sprinkler systems shall be
monitored by a UL Central Station Company approved by the San Rafael Fire Department
and be issued a UL serially numbered certificate for Central Station Fire Alarms.
52. A permit application shall be submitted to the Fire Prevention Bureau with two sets of plans
for review prior to installation of all automatic and fixed fire extinguishing and detection
systems. Specification sheets for each type of device shall also be submitted for review.
53. Due to the wildland fire interface area, fire retardant roof covering is required with a
minimum Class "A" rating.
54. Water line and fire flows shall be to the satisfaction of the San Rafael Fire Department.
(Police Department)
55. The buildings shall be wired for an alarm system that will detect a resident leaving the facility
and the location the exit was made.
56. Exterior Lighting:
a. All exterior lighting shall be sufficient to establish a sense of well being to the pedestrian
and to facilitate recognition of persons at a reasonable distance. Type and placement of
lighting shall be to the satisfaction of the Police Department.
b. All garden and exterior lighting shall be vandal -resistant.
c. All exterior lighting shall be on a master photoelectric cell set to operate during hours of
darkness.
d. The minimum of one foot-candle at ground level overlap shall be provided in all exterior
doorways and vehicle parking areas.
e. A minimum of one-half foot-candle at ground level overlap shall be provided on outdoor
pedestrian walkways.
57. Landscaping shall not block or obstruct the view of any door, window, or lighting fixture.
Future growth of landscaping must be taken into consideration.
58. The street numbers shall be displayed in a prominent location on the street side of the
property in such a position that the number is easily visible to approaching emergency
vehicles. The numbers shall be no less than 8 inches in height and shall be of contrasting
color to the background to which they are attached. The address numbers shall be
illuminated during darkness.
59. Post signs and paint driveways/curbs/parking areas red which have emergency access lanes.
60. Exposed roof vents and ducts shall be grated or constructed of an impact resistant material to
the satisfaction of the police department. Skylights shall be secured and hatch openings shall
be burglary resistant. Glazing shall be of a burglary resistant glass or glass -like material.
61. Perimeter walls, fences, trash storage areas, etc., shall be built to prevent access to the roof or
balconies.
62. All exterior man doors shall be of solid core construction with a minimum thickness of one
and three fourths inches (1-3/4") or with panels not less than nine sixteenth inches (9/16")
thick. Side garage doors and doors leading from these garage areas to private residences or
multiple dwelling residences are included in this requirement.
63. Exterior man doors and doors leading from the garage areas into the private residences or
multiple dwelling residences, shall have a dead locking latch device with a minimum throw
of 1/2 inch. A secondary lock is required and shall be a dead bolt lock with a cylinder guard
and a hardened steel throw that is a minimum of 1 inch long. Both locking mechanisms shall
be keyed the same.
64. Both locking mechanisms shall be interconnected so that both may be disengaged by turning
the doorknob from inside.
65. Exterior jambs for doors shall be so constructed or protected so as to prevent violation of the
function of the strike plate from the outside. The strike plate shall be secured to the jamb by
a minimum of two screws, which must penetrate at least two inches into the solid backing
beyond the jamb.
66. Metal -framed glass doors shall be set in metal doorjambs.
67. Metal -framed glass doors shall have a dead bolt lock with a cylinder guard and a hardened
steel throw that is a minimum of one inch long.
68. Glass on exterior doors or within 40 inches of an exterior door shall be break resistant glass
or glasslike material to the satisfaction of the Police Department.
69. All windows within 12 feet of the ground level shall have a secondary lock mounted to the
frame of the window. The secondary lock shall be a bolt lock and shall be no less than 1/8
inch in thickness. The lock shall have a hardened steel throw of 1/2 -inch minimum length.
70. Louvered windows shall not be installed within 8 feet of the ground level.
71. Any window in or within 40 inches of an exterior door shall be stationary and non -
removable.
72. Any alternative materials or methods of construction shall be reviewed with the Crime
Prevention Officer before installation.
73. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior
to occupancy.
74. Prior to any earthmoving on the project site, the project developer shall submit an erosion
control plan to the City of San Rafael. Construction personnel shall implement all relevant
measures of the plan during earthmoving and other construction activities. The plan shall
include, but not be limited to, the following measures:
a. To the extent possible, no earthmoving shall take place during the rainy season (between
October 15 and April 15). Erosion control measures for activities that span the rainy
season shall be in place before it begins.
b. Specific soil stockpile areas shall be designated within the proposed construction areas,
and soils shall not be stockpiled outside of the designated areas. Soils and other materials
shall not be stockpiled near on-site drainage courses.
c. Tarps shall be used to cover any excavation soils during the rainy period.
d. After completion of grading, erosion protection shall be provided. Revegetation shall be
accomplished by mulching, hydroseeding or other appropriate methods, and shall be initiated as
soon as possible after completion of grading, and before November 1. Selection of plant
materials shall consider native plantings and shall encourage shrubs and trees as a long-term
erosion control feature.
73. A Storm Water Pollution Prevention Plan (SWPPP) shall be submitted for approval by the City
Engineer prior to any construction activities.
74. A Best Management Practices (BMP) sheet shall be attached to the building plans.
75. The improvement plans shall show all existing and proposed drainage facilities.
76. A hydraulics and hydrology analysis shall be provided for all drainage systems within the scope of
this project.
77. The improvement plans shall show the location of all existing and proposed sanitary sewer facilities.
78. Prior to issuance of any construction permits, a letter from the San Rafael Sanitation District shall be
submitted indicating that they have reviewed the plans and reports, and that the sewer connections to
serve this project are available.
79. A construction logistics plan shall be prepared and submitted with a grading and/or building permit
application. The logistics plan shall identify the travel routes and parking areas for construction
vehicles. In order to minimize impacts during peak traffic hours, trucking and hauling activities to
and from the site shall be coordinated with trucking activities to and from the San Rafael Quarry on
Pt. San Pedro Road.
I, JEANNE M. LEONCII`II, 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 seventeenth day of December, 2001, by
the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, F1i l l er, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
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JEIAd�1` N EM L ONdm, City Clerk