HomeMy WebLinkAboutOrdinance 2023 (Aldersly Retirement Community Project)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of
the Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 2023
AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL APPROVING A
PLANNED DEVELOPMENT REZONING FROM PLANNED DEVELOPMENT DISTRICT
(PD 1775) TO PLANNED DEVELOPMENT DISTRICT (PD) AND DEVELOPMENT
PLAN INCLUDING 14 NET NEW INDEPENDENT LIVING UNITS FOR THE 2.9-ACRE
SENIOR RETIREMENT COMMUNITY SITE LOCATED AT 308 AND 326 MISSION
AVENUE
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 5th day of December
2022; a SUMMARY of Ordinance No. 2023 was published as required by City Charter in
the MARIN 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 19th day of December, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
20th day of December 2022
______________
LINDSAY LARA, City Clerk
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ORDINANCE NO. 2023
AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL APPROVING A PLANNED
DEVELOPMENT REZONING FROM PLANNED DEVELOPMENT DISTRICT (PD 1775) TO
PLANNED DEVELOPMENT DISTRICT (PD) AND DEVELOPMENT PLAN INCLUDING 14 NET
NEW INDEPENDENT LIVING UNITS FOR THE 2.9-ACRE SENIOR RETIREMENT
COMMUNITY SITE LOCATED AT 308 AND 326 MISSION AVENUE
(ALDERSLY RETIREMENT COMMUNITY)
(APNS: APN 014-054-31 AND 014-054-32)
WHEREAS, on November 12, 2020, the applicant submitted applications for a Zone Change (ZC
20-001) to amend Planned Development District (PD 1775) to PD X; Master Use Permit (UP20-022); and
Environmental and Design Review (ED 20-051) for the phased construction of new buildings, and
demolition and alterations/additions to existing buildings, and including 14 net new Independent Living
units for the 2.9-acre senior retirement community site located at 308 And 326 Mission Avenue; and
WHEREAS, the proposed PD District land use and development standards for the property are
presented in Exhibit B, and the new PD proposes to:
a) Allow the Aldersly Retirement Community to evolve to meet the needs of current and future
residents;
b) Provide flexibility to meet future needs of its residents with facilities providing best design and
practices in services and environments, including a combination of improvements to campus
connectivity, renovations to current facilities, expansion of some buildings, and new construction;
c) Establish the permitted land uses for the new PD district; and
d) Establish development standards appropriate for the new District and Development Plan.
WHEREAS, on December 7, 2021, the project was considered by the Design Review Board
(DRB), and after considering the revisions made to the design of the Mission Avenue Independent Living
building and the bioretention areas and landscape screening, the Board recommended approval of the
project; and
WHEREAS, as required by the California Environmental Quality Act (CEQA) Guidelines (Cal.
Code of Regulations, Title 14, Section 15000 et seq.) an analysis and determination regarding a project’s
potential environmental impacts is required, and it was determined that the project has the potential to
result in potentially significant environmental effects, and the preparation of an Environmental Impact
Report (“EIR”) was recommended; and
WHEREAS, a Draft EIR was prepared and made available for a 45-day public review period
beginning on August 16, 2022 and ending on September 30, 2022; and
WHEREAS, the San Rafael Planning Commission held a public comment hearing on the Draft
EIR on September 13, 2022; and
WHEREAS, the San Rafael Planning Commission has recommended certification of the Final
EIR by adoption of a separate resolution; and
WHEREAS, consistent with the requirements of the CEQA Guidelines, a Mitigation Monitoring
and Reporting Program (MMRP) has been prepared to ensure implementation of, and compliance with,
all measures required to mitigate any environmental impact; and all of the identified mitigation measures
have also been included as conditions of the project approval; and
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WHEREAS, notice of the Planning Commission public hearing was provided through the following
means: 1) the subject site was posted; 2) publishing a legal ad in the Marin Independent Journal, a local
newspaper of general circulation in the area, on October 29, 2022; and 3) notices were mailed to
surrounding property owners within 300 feet, pertinent agencies (including responsible and trustee
agencies), organizations and special interest groups in conformance with the CEQA Guidelines; and
WHEREAS, on November 15, 2022, following a public hearing and deliberation on the project,
the Planning Commission voted 4-0-3-0 and adopted Planning Commission Resolutions 22-16, 22-17
and 22-18 recommending that the City Council 1) Certify the Final EIR and adopt a Mitigation Monitoring
and Reporting Program for the project; 2) adopt an Ordinance approving a zoning amendment from
Planned Development District (PD1775) to a revised Planned Development District (PD) ZC 20-001; and
3) conditionally approve the Master Use Permit (UP20-022) and Environmental and Design Review
Permit 20-051; and
WHEREAS, on December 5, 2022, the City Council held a duly noticed public hearing on the
proposed project, accepting and considering all oral and written public testimony and the written report
of the Department of Community Development; and
WHEREAS, on December 5, 2022, by adoption of separate resolution, the City Council certified
the Final EIR and adopted an MMRP for the project; and
WHEREAS, the custodian of documents which constitute the record of proceedings upon which
this decision is based is the Community Development Department; and
WHEREAS, as required by San Rafael Municipal Code Sections 14.07.090 and 14.27.060, the
City Council makes the following findings in support of an ordinance to rezone the property from Planned
Development District PD 1775 to a new Planned Development District (PD), as shown on the map
contained in Exhibit A and further described in Exhibit C, and to establish new PD Development
Standards as outlined in Exhibit B:
1. The Development Plan is consistent in principle with the San Rafael General Plan 2040 and
other applicable City plans or policies in that the project includes appropriate development
standards, and is subject to an Environmental and Design Review Permit implementing the
intent of Chapter 14.25 (Environmental and Design Review Permit) of the San Rafael Zoning
Ordinance (Title 14 of the San Rafael Municipal Code), Subdivision Ordinance (Title 15 of
San Rafael Municipal Code), and the applicable General Plan land use policies, as described
in the General Plan Consistency Analysis included as Exhibit 5 of the November 15, 2022
Planning Commission staff report.
2. The applicant proposes to add 14 net new Independent Living units, which will help serve to
accommodate the projected need for 3,220 additional housing units in the City by the year
2031. The proposed new buildings create a reasonable transition between the existing
residential properties in the neighborhood and the multi-family and commercial properties to
the south. Further, the development plan has been reviewed and recommended for approval
by the Design Review Board.
3. The local utility agencies have reviewed the plans and confirmed that the proposed
development can be served by public facilities such as sewer, water, refuse services and
other infrastructure resources that currently serve the existing development adjacent to the
site.
4. The applicant has developed property development standards for the new PD zoning, that
are consistent with the proposed property development standards of the underlying base
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district. The proposed new development has been designed to comply with the applicable
PD development standards, and the proposed project is not requesting any deviations
(Variances) from land use regulations.
5. The auto, bicycle and pedestrian traffic systems presented on the Development Plan are
adequately designed for circulation needs and public safety in that: a) the Development Plan
proposes sidewalks throughout the development for pedestrian access; b) emergency
vehicle ingress and egress from the development would be provided from adjacent public
streets (Mission and Belle Avenue); and c) the access and site layout have been reviewed
by the appropriate City departments and have been found to be adequate by the City of San
Rafael Fire and Police Departments.
6. The public health, safety and welfare are served by the adoption of the proposed PD District,
in that the project as proposed and conditioned: a) would implement housing and
environmental goals and policies adopted for this site in the San Rafael General Plan 2040;
b) would conform to City standards for safety; c) as proposed, and conditioned, it would be
consistent with the recommended mitigation measures presented in the Final EIR and the
MMRP prepared for this project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
HEREBY 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
San Rafael Municipal Code is amended by reclassifying the following real property from Planned
Development District PD 1775 to a new Planned Development District (PD) -- Ordinance No. 2023.
Said property so reclassified is located at 308 and 326 Mission Avenue, San Rafael, and further
identified as County Assessor’s Parcel No’s: APN 014-054-31 and 014-054-32, as shown on the map
attached as Exhibit “A” and described in Exhibit “C”, which are incorporated by reference.
DIVISION 2.
Any development of this property shall be subject to the conditions outlined in Exhibit “B”, PD Zoning
and Planned Development Standards for Aldersly, which is attached hereto and made a part hereof,
and consistent with all submitted materials that constitute the Development Plan, as required by Section
14.07.060 of the San Rafael Municipal Code.
DIVISION 3.
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 4.
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
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of this ordinance shall be published within fifteen (15) days after the adoption, together with the names
of those Councilmembers 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 Councilmembers voting for
or against the ordinance.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael
City Council on the 5th day of December 2022, and was passed and adopted at a regular meeting of the
San Rafael City Council on the 19th day of December 2022 by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
KATE COLIN, Mayor
ATTEST:
LINDSAY LARA, City Clerk
Exhibit A: Zone Change Map
Exhibit B: Planned Development District Standards
Exhibit C: Legal Property Description
EXHIBIT A
ZONE CHANGE MAP
Existing Zoning = PD (1775)
Proposed Zoning = PD (TBD)
PD(1775)
PD(TBD)
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EXHIBIT B
PD Zoning and Master Plan and Development Standards for Aldersly
The Planned Development (PD) zoning and Master Plan for the Aldersly campus will allow the
Aldersly Retirement Community to evolve to meet the needs of current and future residents for
the next 20 years.
Site Description & Setting
The Aldersly is a lifespan residential community, providing independent and assistive live, and
rehabilitative care and skilled nursing. The campus occupies 2.9 acres on the north side of Mission
Avenue and extending to Belle Avenue to the north. The property slopes uphill from Mission
Avenue frontage (13-16 ft. elevation) to Belle Avenue (40-60 ft. elevation). The campus is
developed with residential, administrative, and healthcare buildings connected by an extensive
network of landscaped pedestrian paths and gardens. The campus is located within the Montecito/
Happy Valley Neighborhood, one of San Rafael's oldest neighborhoods, close to Downtown San
Rafael. The area surrounding the Aldersly campus contains a mix of residential, retail, and
community services. The site has a General Plan Land Use designation as High Density
Residential and is zoned PD - Planned Development. The PD zoning prior to this Master Plan
was Ordinance No. 1775.
The PD provides the Aldersly Board a plan with the flexibility to meet future needs of its residents
with facilities providing best design and practices in services and environments. This plan includes
a combination of improvements to campus connectivity, renovations to current facilities,
expansion of some buildings, and new construction. The overall goal of the Master Plan is to
keep Aldersly a boutique residential community for older people looking for a home with hygge –
Danish for the experience of coziness and comfortable conviviality that engenders feelings of
contentment and well-being.
To this end, the PD proposes the following standards to enable sustainability of the residential
community and improvements to the unique design of Aldersly.
A. Land Uses
Consistent with the High Density Residential land use district, the following use are
allowed in the Aldersly Planned District (similar to the high density zoning categories):
• Independent living units for older adults (60 and older)
• Assisted living units for older adults (housing for people needed assistance with activities
of daily living)
• Memory care units for older adults with dementia
• Skilled nursing facility with clinic and rehabilitative services
• Ancillary support to serve residents' needs (e.g., laundry, beauty, dining, retail, recreation
facility, community meeting rooms, food service, healthcare, hospice, storage buildings)
• Administrative services (offices, maintenance, landscaping)
• Any substantive change in use of existing buildings on the site shall require an
amendment to the Master Use Permit.
B. Minimum Lot Area
The minimum lot area is 6,000 square feet (same as the HR1.8 zoning district).
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C. Minimum Lot Area per Dwelling Unit
The Aldersly campus is approved to include:
• 69 independent living units for older adults
• 35 assisted living/memory care units for older adults
• 20 skilled nursing beds
D. Minimum Lot Width
Because of the existing configuration of campus and its compact, high-density character, no
minimum lot width is established.
E. Setbacks/Minimum Yards
• Maintain a fifteen-foot (15’) front yard building setback along Mission Avenue, (same as
the HR1.8 zoning district).
• Maintain a five-foot (5’) side yard building setback.
• Maintain a five-foot (5’) rear yard building setback along Belle Avenue, (same as the
HR1.8 zoning district).
• Existing Conditions. Buildings existing at the time this Master Plan is adopted and not
meeting the setback standards established above shall be considered conforming
buildings.
F. Distance Between Residential Structures
Provide and maintain building separations that conform to codes governing the Aldersly
campus at the time of construction permitting.
G. Maximum Height of Structures
The maximum height of structures is 36 feet (36') except where allowed per the City Zoning
definitions, exceptions, or height bonus regulations.
Existing Conditions: Buildings existing at the time this plan is adopted and not meeting the height
standards established above shall be considered conforming buildings.
H. Maximum Lot Coverage
Total building footprints on the campus shall not exceed 60% of the campus land area (same as
the HR1.8 zoning district).
I. Minimum Usable Outdoor Area per Dwelling Unit
Each resident has access to a private usable outdoor area of variable size (for independent living
units) and/or to communal outdoor areas (for assisted living/memory care and skilled nursing
residents). Because of the extensive outdoor areas provided for all residents, no minimum is
established for usable outdoor area per dwelling unit.
J. Landscaping/Yard Areas
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i. Landscaping and yard areas requirements are not established due to the single ownership of
the campus, the communal nature of exterior areas, and the desire to maintain planning
flexibility.
ii. Open Space: The campus pattern of tightly landscaped pathways, terraces, open courtyards
and decks, and garden areas will be replicated to the extent feasible as approved through
design review.
K. Parking
Aldersly was built before the prevalence of automobiles, and the campus' topography severely
limits parking opportunities on campus. The Master Plan reflects the goals of the campus design
to maximize landscaping onsite. For these reasons, the PD standards provide substantial
flexibility.
i. Parking Capacity.
Parking will be provided consistent with the Parking Study and recommendations. There are
currently 48 spaces on site. Up to eight (8) additional spaces will be provided. At buildout, there
will be a maximum of 56 on-site parking spaces.
Additional parking, such as a valet parking program for special events, will be implemented as
needed, consistent with the Use Permit.
ii. Parking Space Dimensions
Parking space dimensions shall comply with City standards.
iii. Allowable Compact Spaces
The allowable percentage of compact spaces shall comply with City standards.
L. Parking Lot Screening
i. Parking Visible from Public Right of Way
Parking visible from a public right of way shall be screened in accordance with the requirements
contained in San Rafael’s Zoning Ordinance.
ii. Parking Adjacent to Neighboring Lots
Maintain a three-foot (3’) side yard setback of landscaped buffer between parking and circulation
areas and adjacent lots. To maximize parking and accessibility and where a 3’ setback is not
practical, a 0’ setback applies and a minimum five foot (5’) solid barrier shall be provided for
screening along the lot line.
iii. Canopy Trees at Parking
One tree for every four spaces will be provided within parking areas or at an alternate location as
close to the parking area as feasible. Flexibility in the location of the trees is required in order to
maximize the parking available. Innovative strategies for locating trees within parking areas
without diminishing parking capacity will be implemented.
iv. Planting Areas between Spaces
No planting areas will be provided between parking spaces due to the need to maximize on-site
parking. Alternate strategies for landscaping the parking areas will be implemented as feasible.
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M. Off-Street Loading and Unloading
A new off-street truck loading and unloading area will be provided for the campus along Belle
Avenue, as shown on sheet A3.5 in the approved plans.
N. Phasing Plan
There are three phases to the Master Plan to implement Aldersly’s vision:
PHASE 1 Build new Independent Living Building, Relocate the Campus Reception/Entry
to street level, Expand Community Space, and Improve Central Courtyard.
Phase 1A Add new independent living building.
1. Remove independent 12-studio units in three small buildings (Liselund, Marselisborg and
Graasten)
2. Construct new independent living 35-unit building. Includes the relocation of Aldersly’s main
entrance and administrative offices to street level on Mission Avenue for better accessibility
for residents and visitors. (An elevator and an interior connection to Fredensborg will enable
sheltered ADA access to upper levels on the hillside site.)
3. Provide nine parking spaces in the new building, five guest parking spaces at the new main
entrance, and up to eight (8) surface parking spaces along the driveway to Rosenborg.
Implement a parking management program (i.e., shared car services, event valet parking and
stacked parking).
4. Expand community space with a café, rooftop lounge, arts & crafts/activity room, and a
conference room/pre-function room.
Phase 1B: New entry courtyard and outdoor amenity.
1. Improve central courtyard. Improve outdoor spaces with new gathering spaces and
landscaping, including historic elements.
PHASE 2 Add new service connector/facility.
Phase 2: Construct new service building.
1. Remove 8-unit independent living Minor Building.
2. Construct a new service building, with service elevator connections to Rosenborg and Kronborg
to improve service access for delivery, refuse and maintenance back-of-house spaces for
increased efficiency.
3. Provide new trash room within service building with access to Belle Avenue.
4. Expand Memory Care garden on Minor building site.
PHASE 3 West Campus Independent Living
Phase 3A: Add new independent living buildings.
1. Remove 14 units independent living units in two buildings (Amalienborg and
Sorgenfri).
2. Construct 15 independent living units in new building.
Phase 3B: Renovate 4 independent living units (Frederiksborg). Remove and replace four other
independent living units (Frederickborg). Add four new parking parking spaces.
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Design review will be conducted as Phases 2 and 3 are implemented. The level of design
review shall be consistent with zoning requirements.
The 2022 PD District is intended to continue Aldersly’s role as a community asset by renovating
the campus to be a valued residential community for older adults who want to live in central San
Rafael close to shops and other amenities, downtown activities and transit. The Master Plan
reflects the need of Aldersly to remain relevant to baby boomer older adults who are looking for a
senior residential community as they age into their 80s and older. In addition to the phases above,
Aldersly will make interior renovations as needed to Fredensborg (dining and resident amenities),
Kronborg (skilled nursing facility), Rosenborg (Assisted Living and Memory Care), and
Christriansborg (independent living) to maintain a high level of service. Appropriate building
permits will be secured at the time of interior improvements.
EXHIBIT C
018538.0001 4884-7306-4767.1
Aldersly Property (326 and 308 Mission Ave.)
The land referred to is situated in the County of Marin, City of San Rafael, State of California,
and is described as follows:
PARCEL ONE:
BEGINNING at a point on the Northerly line of Mission Street, distant thereon 362.5 feet
Easterly from the Easterly line of Grand Avenue as said Street and Avenue are shown on the
Map of "Coleman's Addition to San Rafael," filed December 24, 1888 in Book 1 of Maps at Page
39, Marin County Records; said point also being the Southwest corner of that certain parcel of
land described in the Deed from Henry Schlosser, et ux, to J. D. Spreckles, Jr., recorded
September 5, 1907 in Book 110 of Deeds at Page 348, Marin County Records; thence leaving
said line of Mission Avenue and running along the Westerly line of said Deed to Spreckles,
North 25° 15' East 125.5 feet and North 30° 30' East 210.7 feet to the Southerly line of Belle
Avenue; running thence Southeasterly and Easterly, along said Southerly line of Belle Avenue,
to the Westerly corner of the Lot conveyed to Carlo Pedroli by deed recorded January 22, 1934
in Book 226 of Official Records at Page 146, Marin County Records; thence leaving said line of
Belle Avenue and running South 64° 13' East 53.95 feet to the Northwest corner of the Lot
conveyed to John M. Lucas and Murial C. Lucas, his wife by Deed recorded May 12, 1943 in
Book 443 of Official Records at Page 458, Marin County Records; thence along the Westerly
line of said Lot 50 conveyed to Lucas and along the Westerly line of the Lots conveyed to Ruth
M. Valiquette by Deed recorded June 14, 1943 in Book 449 of Official Records at Page 4, Marin
County Records; to Jennie Eggan and Karl Eggan, her husband, by Deed recorded January 24,
1945 in Book 481 of Official Records at Page 51, Marin County Records, to Evelyn Loper by
Deed recorded April 29, 1943 in Book 443 of Official Records at Page 373, Marin County
Records, South 24° 17' West 200 feet to the Northerly line of the Lot conveyed to Walter M.
Magraw and Lorraine S. Magraw, his wife, by Deed recorded August 4, 1943 in Book 449 of
Official Records at Page 155, Marin County Records; thence Westerly along said Northerly line
10 feet, more or less, to the Northwest corner of the lot so conveyed to Magraw; thence
Southerly along the Westerly line of said Lot, 84 feet, more or less, to the Northerly line of
Mission Street; thence Westerly along said Northerly line, 430.25 feet, more or less, to the point
of beginning.
PARCEL TWO:
THOSE CERTAIN EASEMENTS, 2 feet in width for utility purposes, as reserved in the
following Deeds from Frank Healion and Catherine Healion, his wife (A) To John M. Lucas
recorded May 12, 1943 in Book 443 of Official Records at Page 458, Marin County Records. (B)
To Jennie Eggan, et con, recorded January 24, 1945 in Book 481 Official Records at Page 51,
Marin County Records. (C) To Ruth M. Valiquette, recorded June 24, 1943 in Book 449 of
Official Records at Page 4, Marin County Records. (D) To Evelyn Loper, recorded April 29,
1943 in Book 443 of Official Records at Page 373, Marin County Records.
EXHIBIT C
018538.0001 4884-7306-4767.1
PARCEL THREE:
COMMENCING at a point on the Northerly line of Mission Street, North 68° 05' West, 55.0 feet
from the point formed by the intersection of the Northerly line of Mission Street with the
Westerly line of Union Street, as the same is shown on the Map of Coleman's Addition to San
Rafael, filed in the Office of the County Recorder in Book One of Maps on Page 39, Marin
County Records; thence leaving Mission Street and running Northerly parallel to the Westerly
line of Union Street, a distance of 84.0 feet, more or less, to the Southwesterly line of the
property described in Deed of Trust from Frank Healion and Catherine Healion, his wife, to
Bank of San Rafael, a corporation, recorded December 9th, 1942 in Liber 440 of Official
Records at Page 115; thence along said line and its continuation North 64° 13' West 55 feet;
thence Southwesterly in a direct line to a point in the Northerly line of Mission Street, distant
thereon Westerly, 55 feet from the point of beginning; thence Easterly along said Northerly line
of Mission Street, 55 feet to the point of beginning. BEING A PORTION of Block 25 of the
abovementioned Subdivision.
APN: 014-054-31 and 014-054-32