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HomeMy WebLinkAboutCC Resolution 11120 (Alma Via Assisted Living)RESOLUTION NO. 11120 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MASTER USE PERMIT (UPO1-46) AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED01-117) FOR A 137 -UNIT, 120,141 -SQUARE -FOOT ASSISTED LIVING FACILITY (ALMA VIA OF SAN RAFAEL) AT 515 NORTHGATE DRIVE (APN 175-060-51, -52, -53, AND —54). WHEREAS, on October 3, 2001 and April 10, 2002, the Elder Care Alliance submitted applications to the City of San Rafael requesting approval of a new 137 -unit, 120,141 -square -foot assisted living facility at 515 Northgate Drive; and WHEREAS, applications for a Master Use Permit and an Environmental and Design Review Permit were filed for the project, as well as applications requesting a General Plan Amendment (GPA02-02) to change the land use designation from Office to High Density Residential and a Rezoning from the Office (0) District to the Planned Development (PD) District for the properties located at 355 Los Ranchitos Road and 515 Northgate Drive; and WHEREAS, upon a review of the subject applications, an Initial Study/Mitigated Negative Declaration was prepared consistent with the requirements of the City of San Rafael Environmental Assessment Procedures Manual and the California Environmental Quality Act (CEQA) Guidelines, finding that the proposed project would not result in significant environmental impacts; and WHEREAS, the City Council has approved a Mitigated Negative Declaration for the project by adoption of a separate resolution; and WHEREAS, on May 14, 2002, 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, accepted all oral and written public testimony and the written report of the Community Development Department, and adopted Resolution No. 02-32 recommedning City Council approval of the Master Use Permit and Environmental and Deisgn Review Permit; and WHEREAS, on June 17, 2002, 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 assisted living facility for which a Master Use Permit is sought would be in accord with the General Plan, the Zoning Ordinance and the purposes of the Planned Development District in that it follows General Plan Policies LU -9, Residential Land Use Categories, LU -19, Design Approach, LU -29, Tree Preservation, LU -35, Project Design Considerations, LU -36, Community Design Map Considerations, LU -44, Lot Consolidation, N-5 Downtown and Other High Density Residential Areas, N-7, Interior Noise Standards, and N-9, Post Construction Approval. It would be consistent with the objectives of the Zoning Ordinance and the purposes of the PD District design intent to "encourage innovative design on a large site by allowing flexibility in property development standards" and establishes a procedure to allow the following: "create a more inviting appearance and to have parking areas that are attractive, screened and easy to find." The project fulfills these purposes as it has been recommended for approval by the Design Review Board, has a design that creatively relates the large assisted living facility to neighboring residential areas due to the variation in materials used to break up the height of the structure, the variation in heights of the structure from one -to -three stories, the diagonal siting of the four wings of the building and the variation in setback from the street, and the site design's provision for easy to access to the facility with parking areas on both Los Ranchitos Road and Northgate Drive. 2. The proposed assisted living facility use would not be detrimental to properties or improvements in the vicinity or to the general welfare of the City given that a Mitigated Negative Declaration was prepared for the project, which found that it would not result in any significant impacts to the environment that could not be mitigated to a level less -than -significant. Furthermore, the site plan provides for a unique architectural statement which minimizes mass and bulk and provides area for the installation of several attractive garden areas throughout the site. 3. The proposed use meets all applicable provisions of the Zoning Ordinance. With respect to the requirements of the Planned Development District, in particular, the following findings apply: a. The area covered by the PD District and the Development Plan would be consistent with the San Rafael General Plan Policy LU -9, as the assisted living facility use is permitted in High Density Residential land use areas and the development meets the requirements of the Northgate Activity Center Plan and other applicable City plans and policies; b. The proposed project cannot be strictly classified as a residential or non- residential use, and the development is improved by deviations from typical Zoning Ordinance property development standards by the PD District designation. The Planned Development District serves to provide a vehicle for the creation of 2 zoning standards pertinent to the unique characteristics of the assisted living facility use. c. Through the inclusion of ancillary service uses (a beauty parlor, a library, a multi- purpose room, dining facilities, etc.), the applicant has demonstrated that public facilities are provided to serve the anticipated population. d. The site plan, with the flexibility provided by the PD District, would serve the area's circulation needs, public safety and emergency vehicle access. Environmental and Design Review Permit The proposed 120,141 -square -foot assisted living facility is consistent with the General Plan, the objectives of the Zoning Ordinance, and with Chapter 25, Environmental and Design Review Permits of the San Rafael Zoning Ordinance in that the Design Review Board has recommended that the project is consistent with Section 14.25.050, Review Criteria, of the Zoning Ordinance and is compatible with surrounding uses. 2. The proposed use is consistent with the General Plan 2000 land use designation of High Density Residential and with the goals and policies of the General Plan including LU -9, LU -19, LU -29, LU -35, LU -36, LU -44, N-5 N-7, and N-9 in that the project provides responsible implementation of applicable Land Use policies related to design, tree preservation, General Plan Design Map considerations, lot consolidation requirements in addition to adherence to Noise policies related to high density residential areas, interior noise standards and post construction approval requirements. The project design would not be detrimental to the public health, safety or welfare, or 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 there are no significant impacts identified. Conditions of Approval Mitigation Measures The project developer shall replace, in kind, the nine California live oak trees to be removed at a 3:1 ratio on site. The trees shall be planted in suitable areas within the landscaped areas on site, preferably separated from areas of vehicular traffic. The number of trees required may replace other types of trees currently proposed for the site. The required tree size shall be 15 gallon. 3 2. The submitted landscaping plan shall be implemented and maintained. Vegetation shall be maintained in a healthy state. 3. The following control measures shall be included in construction contracts and shall be shown on plans submitted for a grading, building and/or demolition permit: a. All active construction areas shall be watered at least twice daily. b. All trucks hauling soil, sand or loose materials shall be covered or shall maintain at least two feet of freeboard. c. All unpaved access roads, parking areas and staging areas at the construction site shall be paved, shall have water applied three time daily, or shall have soil stabilizers (nontoxic) applied. d. All paved access roads, parking areas and staging areas at the construction site shall be swept daily (with water sweepers). e. Streets shall be swept (with water sweepers) if visible soil material is carried onto adjacent public streets. f. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be watered or covered. g. 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. 4. Prior to the issuance of a demolition permit for the existing building, the applicant shall submit verification that the requirements of the BAAQMD have been met and any necessary permits have been issued for demolition of the existing building. The following measures shall be included in construction contracts and shall be shown on plans submitted for a grading, building and/or demolition permit in order to control fugitive dust emissions: a. Dust -producing activities shall be suspended when wind (instantaneous gusts) exceed 25 mph. b. 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. c. Prior to any demolition activities related to any of the existing structures, loose and peeling lead-based paints (LBP) shall be removed under controlled procedures and all asbestos -containing materials (ACM) and other environmentally hazardous building materials shall be removed and disposed of in accordance with the requirements of the BAAQMD, the California Environmental Protection Agency (Cal/EPA), the California Occupational Safety and Health Administration (CAL/OSHA) and the Department of Health Services. d. The following measures shall be implemented during the demolition process: i. Watering shall be used to control dust generation during demolition of structures and break-up of pavement. ii. All trucks hauling demolition debris from the site shall be covered. iii. Dust -proof chutes shall be used to load debris into trucks whenever feasible. 4 6. An acoustical consultant shall review the building design and provide a letter showing how the project will be designed to comply with General Plan Policy N-7 for noise levels permissible for indoor areas prior to issuance of a building permit. This letter must outline the requisite window and/or wall Sound Transmission Class (STC) ratings needed to meet the City's indoor noise standard of an Lan of 40 dBA in bedrooms and 45 dBA in other rooms. Preliminary analysis indicates that windows with a minimum STC rating of 28 will be required for all living units along Los Ranchitos Road and Northgate Drive. 7. Mechanical equipment shall be designed so that it does not exceed 54 dBA at the adjacent property lines. This can be achieved through the use of quiet equipment, and if necessary, sound -absorbing materials on the insides of the mechanical wells. The applicant shall hire an acoustical consultant to review the design and submit a letter, which demonstrates how the mechanical noise would achieve this goal, prior to the issuance of a building permit. 8. To minimize the noise generated by occasional maintenance activities, these activities shall be limited to business/daytime hours whenever feasible. Engines shall not be left idling when truck engines or vehicles are not in use. 9. To minimize the potential annoyance from construction noise at nearby noise - sensitive receivers, the following measures shall be taken: a. Neighbors located adjacent to the subject site (i.e. the residential building to the south and the offices to the east) shall be notified in writing of the construction schedule. b. Construction activities, including demolition, grading, excavation, paving and truck traffic coming to and from the construction site shall be limited to between the hours of 7:30 a.m. and 5:00 p.m., Monday through Friday. No construction shall be allowed on City -honored holidays. c. Power construction equipment shall be turned off when not in use. d. All stationary noise -generating construction equipment, such as air compressors, shall be located as far as practical from existing nearby homes and offices. e. A construction disturbance coordinator shall be designated for the site. A coordinator approved by the City shall be hired by the applicant and perform on an on-call basis paid for by the applicant. The coordinator shall be responsible for receiving and acting on complaints about construction noise when activities are occurring. The coordinator shall determine the cause 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. f. Prior to the demolition of existing buildings on site, an eight -foot -tall noise barrier shall be constructed along the southern property line. This barrier shall be solid with no cracks or gaps. Since it would be temporary, 1 -inch thick plywood would be an acceptable material. This barrier would provide a noticeable 5 to 10 dBA of 5 noise reduction for ground level residences and outdoor use areas when construction activities occur at ground level. 10. Stop signs, bar and legends shall be installed at all parking area egress driveways and a "Right Turn Only" sign shall also be added at the driveway leading onto Northgate Drive from the northwest corner of the project site. 11. Plants and vegetation shall be designed such that the driveway sight distance would not be obscured. Use Permit (UP01-46) 12. This Use Permit authorizes the operation of a 137 -unit assisted living facility with a maximum of 151 residents on the subject property and shall be valid for a period of two years or until June 17, 2004, unless a building permit has been issued or a time extension granted. 13. Ancillary uses associated with the operation of the assisted living facility as described in the Planned Development text shall be permitted. These uses shall include: food service to staff and to resident or community visitors to the facility; and Community gatherings for neighborhood, civic, religious, or other nonprofit groups, on either a scheduled basis or on request, but only on a not-for-profit basis to the facility. 14. The applicant shall implement the affordability standards outlined in the "Alma Via of San Rafael Charitable Care Program," February 7, 2002, to address the varied financial needs of area residents. Upon completion of the project, the applicant shall submit an annual report on or before June 17`h of each year to describe the applicant's implementation of the Charitable Care Program. The report shall include specific details as to how the applicant has provided subsidies to residents, the status of the facility's debt -service and proof of the applicant's attempts to obtain government funds and other potential grants or funds. Environmental and Design Review Permit (ED01-117) General 15. This Environmental and Design Review Permit shall be valid for a period of two years or until June 17, 2004, unless a building permit has been issued or a time extension granted. 16. The building techniques, materials, elevations and appearance of this project, as presented for approval, shall be the same as required for the issuance of a building permit. With the exception of the required review of lighting, vents and utility screening, and minor modifications of the southeast portion of the site to be reviewed by the Design Review Board, any future additions, expansions, remodeling, etc. shall be subject to the review and approval of the Planning Division. D Prior to Issuance of a Building Permit Fire Department 17. Address shall be posted conforming to Fire Prevention Standards 205 and 205A. 18. 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 Fire Station Fire Alarms. 19. 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. 20. A fire hydrant shall be installed, capable of supplying the required fire flow. The fire hydrant shall be spotted by the Fire Marshal and installed prior to framing. 21. All fire hydrants shall be Jones Model 3740, installed and painted by the developer/owner, conforming with Fire Prevention Standards. 22. Based on Uniform Building Code or Fire Code requirements, an automatic fire sprinkler system shall be installed throughout conforming to NFPA Standards 13 and 13R. 23. An automatic fire extinguishing system is required for the protection of all hood, duct, and cooking surfaces, etc. 24. Fire retardant roof covering shall be required with a minimum Class "A" listing. Police Department 25. Final construction plans shall be subject to Police Department review and approval. 26. Building design shall incorporate provisions to guard against "walk -away" patients from the Dementia Unit. 27. Applicant shall submit a plan illustrating the facility management's approach for dealing with violent or other control problem residents. 28. Applicant shall submit a written description of protocols to be established with the Crisis Unit at Marin General Hospital for residents that may need to be transported there. 7 Building & Safety Division 29. An engineered site plan showing all existing and proposed site conditions shall be submitted with the application for a building permit. 30. A level "B" soils report shall be submitted with the application for a building permit. 31. The project soils engineer shall review and approve the project plans for conformance with the requirements of the project soils report. 32. All earth and foundation work shall be performed under the supervision of a soils engineer and a final construction observation report shall be submitted. 33. Grading, drainage, and foundation plans shall be reviewed and approved by the project soils engineer prior to issuance of a grading, excavation, or building permit. 34. An erosion control plan shall be submitted showing how erosion will be controlled during and after construction and shall be subject to review and approval by the City Engineer. The erosion control plan shall be consistent with "Best Management Practices" and conform to the requirements of the Regional Water Quality Control Board. 35. The improvement plans shall show all existing and proposed drainage facilities. 36. All utilities shall be underground. 37. The improvement plans shall show all existing and proposed sanitary sewer facilities. 38. Parking lot lighting shall be installed. The number, location and type of lights shall be subject to approval by the Police, Community Development and Public Works Departments. 39. An encroachment permit from the City of San Rafael shall be required for the construction of all frontage improvements. All frontage improvements shall be in accordance with the "Uniform Standards of the Cities and County of Marin." 40. All unused driveways shall be removed and reconstructed with standard curb, gutter, and sidewalk installations. 41. All existing curb, gutter and sidewalks damaged during construction shall be replaced to the satisfaction of the City Engineer. 42. The existing parcels upon which the buildings are to be constructed shall be combined to remove the lot lines prior to the issuance of a construction permit. 8 Planning Division 43. The applicant shall submit verification from the Las Gallinas Valley Sanitary District that all necessary approvals have been obtained. 44. The applicant shall submit verification from the Marin Municipal Water District that all necessary approvals have been obtained. 45. Detailed lighting, vent and utility screening, landscaping and irrigation plans shall be submitted to the Planning Division for review and approval by the Design Review Board. In addition, modifications to the southeast corner of the site plan to reduce the close proximity of the units immediately adjacent to the parking lot at that location shall be submitted for review and approval by the Design Review Board. 46. Prior to issuance of a grading and/or demolition permit, the applicant shall submit a construction staging and logistics plan for review and approval of the Community Development Director. Prior to Final Occupancy Police Department 47. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to occupancy. Building & Safety Division 48. Standard driveway connections shall be constructed on the frontage. Planning Division 49. The landscape architect shall submit written certification to the Planning Division, and call for inspection, that the landscaping has been installed in accordance with all aspects of the approved landscape plans, that the irrigation has been installed and been tested for timing and function, and all plants including street trees are healthy. 50. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. 51. The proposed parking lot pavement shall be marked/painted with appropriate directional signs/arrows for ingress and egress. These improvements shall be completed to the satisfaction of the Public Works Department. 9 52. All on-site parking shall be double striped with wheelstops or curbing provided at each space. Handicapped parking shall be appropriately marked on the pavement and closely accessible to the pertaining use. 53. Bicycle parking shall be provided consistent with Section 14.18.090 of the San Rafael Zoning Ordinance. 54. To ensure that all doors and entrances are adequately illuminated and that all illumination is directed at the subject property, all lighting improvements, facilities and fixtures shall be subject to the review and approval of the Police Department and Planning Division. 55. Following the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 30 -day lighting level review by Planning Division staff to ensure compatibility with the surrounding area. 56. Signage shall require a separate application for review and approval prior to installation. 57. The applicant is responsible for obtaining an appointment with Planning Division staff for a final inspection at least two days prior to the preferred inspection date. I, JEANNE M. LEONCI 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 June, 2002, by the following vote, to wit: AYES: Councilmembers: Heller, Miller, & Phillips, Mayor Pro tem NOES: Councilmembers: None ABSENT: Councilmembers: Vice -Mayor Cohen & Mayor Boro JE M. LEONCIM, City Clerk 10