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Home My WebLink AboutOrdinance 1821 (Assisted Living; 555 Northgate)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1821 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD1784) DISTRICT TO A REVISED PD DISTRICT FOR THE ALMA VIA OF SAN RAFAEL ASSISTED LIVING FACILITY AT 515 NORTHGATE DRIVE (APNS: 175-060-51, 52, 53 AND 54 (ZC03- 005)" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 17th day of Februarv, 2004, a SUMMARY of Ordinance No. 1821 was published as required by City Charter in the MARN INDEPENDENT JOURNAL. a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City held on the 1 st day of March, 2004. by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 8th day of March, 2004 JEAN'JEAN'E M. LEONCINI, City Clerk ,�777Ilk /•lki[434k1rela .3% AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL PROPERTY FROM PLANNED DEVELOPMENT (PD1 784) DISTRICT TO A REVISED PD DISTRICT FOR THE ALMA VIA OF SAN RAFAEL ASSISTED LIVING FACILITY AT 515 NORTHGATE DRIVE (APNs: 175-060-51, -52, -53, AND -54) (ZC03-005) WHEREAS, on July 22, 2003, the Elder Care Alliance submitted applications to the City of San Rafael requesting a Rezoning from Planned Development District (PD) to a revised PD District, an Environmental and Design Review Permit Amendment and Use Permit Amendment to allow modifications to a previously approved 137 -unit assisted care facility, which would result in a reduction of 7 units, 16 parking spaces and exterior modifications to the previously approved architectural plans and on December 16, 2003, the applications were deemed to be complete for processing; and WHEREAS, Rezoning has been initiated to amend the parking requirements for the assisted living facility; and WHEREAS, on June 17, 2002, the San Rafael City Council adopted a Mitigated Negative Declaration for the project. The proposed modifications include reductions to the previously approved project and no further environmental review is required; and WHEREAS, on January 22, 2004 the San Rafael Planning Commission held a duly -noticed public hearing on the proposed Rezoning, and recommended that the City Council adopt the Planned Development (PD 1821) District Rezoning to establish a revised PD District as outlined in Exhibit "A" (Alma Via of San Rafael — Planned Development District) and incorporated by reference; and WHEREAS, on February 17, 2004 the San Rafael City Council held a duly -noticed public hearing on the proposed Rezoning, accepting all oral and written public testimony, the recommendation of the Planning Commission, and the written report of the Community Development Department staff. NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. The Zoning Map of the City of San Rafael, California, adopted by reference by Section 14.01.020 of the Municipal Code is amended to reclassify the subject property located at 515 Northgate Drive, San Rafael, as shown on Exhibit "B" from Planned Development District (PD 1784) to Planned Development (PD 1821) District as outlined in Exhibit "A" (Alma Via of San Rafael — Planned Development District) based on the following findings, as required under Zoning Ordinance Sections 14.27.060 and 14.07.090: 1. The Development Plan would be consistent in principle with the San Rafael General Plan 2000, and other applicable City plans or policies in that the proposed Alma Via of San Rafael — Planned Development District development plan includes appropriate land use limitations and standards, and would be subject to a Use Permit and Environmental and Design Review Permit, implementing the intent of Chapters 22 and 25 of the San Rafael Zoning Ordinance, and applicable General Plan policies, including: Land Use Policies LU -9 Residential Land Use Categories, LU -19 Design Approach, LU -21 Building Heights, LU -29 Tree Preservation, LU -34 Residential Site Design, LU -35 Project Design Considerations, LU -36 Community Design Map Considerations in that the proposed project: 1) has been reviewed in accordance with Chapter 14.25 of the San Rafael Municipal Code which implements the design approach; 2) would protect significant trees; 3) would provide adequate on- site parking; 4) would maintain a height below the 36 -foot height limit; 5) would be compatible with the existing neighborhood design and colors and has been recommended for approval by the y U MAL Design Review Board; and 6) would create a well designed focal point at the intersection of Los Ranchitos Road and Northgate Drive. Circulation Policy C-17 Circulation Improvement Funding given the fact that the proposed use would generate less traffic than the existing office and church uses. Housing Policies H-32 Special Needs and H-37 Senior Residential Project Locations given that the proposed project would provide housing and assisted care for seniors who have difficulty caring for themselves and who have disabilities. In addition, the project would be designed to provide accessibility for the units and outdoor activity areas throughout the project site and would provide senior housing opportunities on an appropriate site. Noise Policies N-5 High Density Residential, N-7 Interior Noise Standards, and N-9 Post Construction Approval given that the proposed project would implement mitigation measures to insure that interior and exterior noise levels would meet minimum requirements. 2. The public health, safety and general welfare would be served by the adoption of the proposed Rezoning given that Alma Via of San Rafael — Planned Development District would establish appropriate development criteria consistent with the above General Plan 2000 policies and Municipal Code Section 14.07.010 (Planned Development District — Specific Purposes). DIVISION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid. DIVISION 3. A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after adoption, together with the names of the Council members voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Council members voting for or against the Ordinance. / ALBE T �J. BO$6, Mayor ATTEST: �i JEA N�ONCINI, City Clerk The foregoing Ordinance No. 1821 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 17th day of February, 2004 and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 1 st day of March, 2004. A- JEA N Pe E M EONCINI; City Clerk Exhibit A Alma Via of San Rafael Planned Development District Permitted Land Uses: The uses permitted shall include: 1) Senior assisted living facility, including all services that are ancillary to, customary to, or characteristic of such assisted living facilities including dementia care. Without limiting the generality of the foregoing, food service may include the availability of meals to staff and patient or community visitors to the facility, but not the general public. Ancillary uses shall be reviewed and approved by the City of San Rafael Community Development Director or designee. 2) Community gathering space for neighborhood, civic, religious, or nonprofit groups, on either a scheduled or request basis, but only on a not-for-profit basis to the facility. Propertv Development Standards: Lot size The minimum lot size shall be 2.7 acres in size. Lot Coverage The maximum lot coverage shall be 45%. Floor Area Ratio The maximum floor area ratio shall be 1.05. Height The maximum height of the structure shall not exceed 36 feet measured per the California Building Code Parking The minimum on-site parking requirement shall be determined by a parking study prepared by a licensed traffic engineer. The traffic study shall be reviewed and approved by the City of San Rafael Traffic Engineer. Setbacks" 0 15 feet from Los Ranchitos Road • 15 feet from Northgate Drive • 10 feet from south property line • 10 feet from the west property line Landscaping The minimum landscaping required shall be 25% and be consistent with the landscaping requirements of San Rafael Municipal Code Section 14.05.030 *Accessory structures such as retaining walls, kiosks, trellises, and similar garden structures may be located within the required setbacks. Master Use Permit and Environmental and Desian Review Permit: A Master Use Permit and Environmental and Design Review Permit shall be required for the operation of the senior assisted living facility and implement Sections I and II listed above. Exhibit A Exhibit A IV. Amendments: Planned Development District - Requests for changes in the content of the approved Planned Development (PD) District shall be treated as a Rezoning. Rezoning applications shall be heard and decided by the City Council. The procedures for filing and processing a Rezoning shall be the same as those established for an initial PD District and development plan application and consistent with Chapters 14.07 (Planned Development District) and 14.27 (Amendments) of the San Rafael Municipal Code. Master Use Permit - Requests for changes to the approved Master Use Permit shall be processed in accordance with Chapter 14.22 (Use Permits) of the San Rafael Municipal Code. Major Environmental and Design Review Permit - An Environmental and Design Review Permit shall be required to allow major improvements on the site or major changes to the architecture of the structure. The Community Development Director shall determine whether any proposed changes are considered Major Physical Improvements. Once determined, the process to amend the approved Environmental and Design Review Permit shall be consistent with Chapter 14.25 (Environmental and Design Review Permits) of the San Rafael Municipal Code. Minor Environmental and Design Review Permit — An Environmental and Design Review Permit shall be required to allow minor improvements on the site or minor changes to the architecture of the structure. The Community Development Director shall determine whether any proposed changes are considered Minor Physical Improvements or should be processed as an Administrative Design Permit. Once determined, the process shall be consistent with Chapter 14.25 (Environmental and Design Review Permits) of the San Rafael Municipal Code. Exhibit A Exhibit -B.. C'D { ' Lul /�` �� it . ♦ l . cn N F6 cu N �" ,O� E co . _.... O.S. Rp,N E _o W w N ti � Z cu 19 VIA 1 Exhibit B 0 co 0 0 co N . N C) `W W N LL J r