HomeMy WebLinkAboutCC Resolution 14752 (Dominican Sisters Lourdes Convent - Transitional Housing Use)
1
RESOLUTION NO. 14752
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A USE PERMIT
AMENDMENT (UP19-039) TO PERMIT THE CONTINUED USE OF THE “YELLOW HALLWAY”
AREA OF THE LOURDES CONVENT AS A SINGLE RESIDENTIAL UNIT FOR TRANSITIONAL
HOUSING IN PERPETUITY AT 77 LOCUST AVENUE (APN 015-112-23)
WHEREAS, the Sisters of Third Order of St. Dominic Congregation of the Most Holy Name
Support Charitable Trust (Dominican Sisters) own and occupy the “Lourdes Convent” located at 77
Locust Avenue. The 2.1-acre property is developed with a 16,450-square foot convent facility that
houses a retirement center with congregate care unit for retired nuns; The retirement center and
ancillary uses operate under a Use Permit (UP79-18) that was issued by the City in 1979. The
Lourdes Convent property was rezoned from the U (Unclassified) District to PD (Planned
Development) District in 1992; and
WHEREAS, in late 2016, the Dominican Sisters filed an application to amend the Lourdes
Convent Use Permit (UP16-057) to convert a 1,995-square-foot portion of the retirement center
(“yellow hallway” area) from residential rooms to a single residential unit with a kitchen for transitional
housing. In partnership with Homeward Bound, the residential unit would be made available to two
single women and their children as a shared residence. The shared unit would be for “transitional
housing” for the residents. The Use Permit Amendment request was for two years following unit
occupancy; and
WHEREAS, on January 4, 2017, the Zoning Administrator held a duly noticed public hearing
on the Use Permit amendment application and rendered a final written decision on January 28, 2017
conditionally approving the application; and
WHEREAS, on March 14, 2017, the Planning Commission held a duly noticed public hearing
to review and consider Appeals AP17-001 and AP17-002 to the Zoning Administrator’s approval of
Use Permit Amendment UP16-057 and considered all oral and written public testimony and the
written report of the Community Development Department. Planning Commission, on a 6-0-1 vote
adopted Resolution No. 17-02 denying Appeals AP17-001 and AP-002 and upholding the Zoning
Administrator’s approval of Use Permit UP16-057. As part of this action and at the recommendation
of staff, the Planning Commission amended Use Permit UP16-057 condition #7, to clarify and simplify
condition #7 which set a two-year term in the Use Permit for the transitional housing use; and
WHEREAS, on March 21, 2017, a timely appeal of the Planning Commission action (Appeal
AP17-003) was filed. The written appeal was appropriately filed with the City Clerk; and
WHEREAS, on May 15, 2017, the City Council held a public hearing to consider Appeal
AP17-003, take public testimony, consider the evidence in the record, and review the findings and
decision of the Planning Commission. On a 5-0 vote, the City Council adopted Resolution No. 14329
denying the appeal and upholding the Zoning Administrator’s approval of the Use Permit Amendment
(UP16-057). The City Council’s action included the following Use Permit Condition #7, which
approved the transitional housing use for a two-year period following occupancy of the single
residential dwelling unit:
“7. The Use Permit Amendment is approved for two (2) years commencing on the issuance
date of a Certificate of occupancy. At the end of the two-year period, the Use Permit
Amendment shall terminate. At that time the kitchen facility shall be removed, and the area
shall be returned to its current use as residential convent rooms. If at the end of the two-year
2
period the property owner decides to retain the kitchen and extend the Use Permit
Amendment or re-purpose the yellow hallway area, City Council approval will be required.”;
and
WHEREAS, in 2017, building permits were issued to convert the yellow hallway area into a
single residential dwelling unit. Upon completion of construction, the City issued a Certificate of
Occupancy on October 26, 2017, which established a sunset date for the Use Permit Amendment;
and
WHEREAS, the temporary use has been in full operation since October 26, 2017. During this
time, there have been no complaints filed with the City about the transitional housing use nor have
there been incidents of nuisance; and
WHEREAS, on September 24, 2019, a timely application for a Use Permit Amendment
(UP19-039) was filed by the applicant requesting continued use of the yellow hallway area as a single
residential dwelling unit for transitional housing for two single women and their children. The Use
Permit Amendment requests that this use be permitted in perpetuity or until such time as the property
owner ceases such use of the permitted space; and
WHEREAS, per UP16-057 condition #7, the current request to extend the transitional housing
use in perpetuity requires the review and action of the City Council; and
WHEREAS, on December 16, 2019, the City Council held a duly noticed public hearing to
accept public comment, and consider the Use Permit Amendment UP19-039 application, including
the evidence in the record; and
WHEREAS, the project has deemed to be exempt from environmental review per California
Environmental Quality Act (CEQA) Guidelines Section 15301 (Existing Facilities); and
WHEREAS, the custodian of documents which constitute the record of proceedings upon
which this decision is based, and all correspondence received to date on this matter by the City of
San Rafael;
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby approves the Use
Permit Amendment UP19-039 based on the following findings and subject to the following conditions:
Findings for UP19-039
1. The existing transitional housing use and continuation of this use in perpetuity is in accord with
the General Plan 2020, the objectives of the City Zoning Ordinance, and the purposes o f the PD
(Planned Development) District in that:
a. The General Plan 2020 Land Use Element land use map designates Lourdes Convent for
public/quasi-public use. This land use designation permits residential use. The current use,
the Lourdes Convent, is a residential use. The transitional housing is also a residential use
and is therefore consistent with the allowances of this land use designation.
b. The use is consistent with General Plan 2020 Housing Element Policy H -9, which
recognizes special needs. Policy H-9 encourages a mix of housing unit types throughout
San Rafael, including housing for very low - and low-income families with children and single
parents. As proposed, the residential dwelling unit would continue to provide, in perpetuity,
transitional housing for two single mothers with their children living as a single household.
3
c. Consistent with General Plan 2020 Housing Element Policy H -10, the transitional housing
use represents an innovative housing approach that supports the financing, design and
construction of a residential unit that increases the availability of low -income housing.
d. The transitional housing use creates a shared household of two single parents with children,
which would be consistent with General Plan 2020 Housing Element Policy H -11 (House
Sharing).
e. The transitional housing use is consistent with one of the objectives of the PD (Planned
Development) District, which is to accommodate various types of compatible and
complimentary uses within a development. Lourdes Convent presents a setting of
compatible residential uses.
f. The approval of a Use Permit Amendment is appropriate in that the existing transitional
housing use is limited in scope and size, and, over the past two years has not resulted in a
substantial change to the property or use that would necessitate or mandate a
comprehensive, long-term master plan for Lourdes Convent.
2. It has been demonstrated that the existing transitional housing use is not detrimental to the
public health, safety or welfare, or materially injurio us to properties or improvements in the
vicinity, or to the general welfare of the City . Continuation of this use in perpetuity would not
change this finding in that:
a. It would not result in new development, additional building area or major physical change s to
the Lourdes Convent property; the “yellow hallway” represents a small percentage (12%) of
the overall Lourdes Convent facility.
b. The transitional housing use has not resulted in an increase in traffic that would change or
exacerbate existing traffic patterns or conditions or increase safety hazards along the local
street system.
c. There is adequate off-street parking to serve the proposed use without impacting properties
in the vicinity.
d. The transitional housing use has not impaired or reduced safety to the residents of the
convent facility or to surrounding residents .
e. The exterior improvements that were completed for the transitional housing use have not
resulted in a noticeable change to the property conditions and are not injurious to properties
or improvements in the area.
f. Homeward Bound, which manages the transitional housing use has successfully provided
residency oversight to ensure that residents are properly screened and meet the criteria for
residency. This oversight has ensured that the use is properly managed to ensure the
safety and welfare of the residents and the surrounding neighborhood.
3. The existing transitional housing use and continuation of this use in perpetuity complies with
each of the applicable provisions of the Ci ty Zoning Ordinance in that:
a. As required by the provisions of the PD District, the transitional housing use is a residential
use that is compatible with retirement center use. Further, the processing and approval of a
Use Permit Amendment is consistent wit h the requirements of the PD District to ensure that
all uses on one site are compatible and compl ementary.
b. There is adequate parking to meet the City Code.
4. The existing transitional housing use and the continuation of this use in perpetuity meets the
City Zoning Ordinance definition for transitional housing, which complies with State law. Per
California Government Code Section 65583, transitional housing must be treated as a
residential use only, subject to only the same restrictions as other housing of the same type in
the subject zoning district. The sole requirement for the approval of a Use Permit Amendment
is that Lourdes Convent is located within a PD District. A Use Permit Amendment would be
4
required for other similar residential uses proposed for the “yellow hallway” such as a manager’s
or caretaker residence.
Conditions of Approval for UP19-039
1. The conditions of approval for this Use Permit Amendment UP19-039 supersede the conditions of
UP16-057. Except as modified by the conditions of this Use Permit Amendment, all conditions of
approval for Use Permit UP79-18 relating to the use and operation of the Lourdes Convent are
unchanged and shall remain in effect.
2. This Use Permit Amendment approves the continuation of the 1,995 square-foot “yellow hallway”
area of the convent as a single residential dwelling unit (including a kitchen) for transitional
housing. As approved, the residential dwelling unit is approved for a shared household.
3. As the primary tenant of the “yellow hallway,” Homeward Bound is responsible for managing the
oversight of unit residency and operation. As presented in the Use Permit Amendment UP16-057
application, unit residents must be participants in the Homeward Bound program, meet the
screening criteria for occupancy, enter into an occupancy agreement and comply with the Code of
Conduct for residency.
4. This Use Permit Amendment shall allow the existing transitional housing use of the “yellow
hallway” area to continue as long as such use is consistent with the terms and conditions of this
permit and Use Permit UP79-18. In the event the property owner determines to cease such use
in this area or ceases to operate the premises as a convent, written notice shall be provided to the
City. Should the property owner decide to convert the yellow hallway area to a use other than for
residential convent rooms, a zoning determination shall be requested with the City to determine
the appropriate permit requirements.
I, LINDSAY LARA, City Clerk if 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 held on the 16th
day of December 2019 by the following vote to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk