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HomeMy WebLinkAboutOrdinance 1784 (Alma Via Assisted Living)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. 1784 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP TO RECLASSIFY CERTAIN REAL PROPERTY FROM OFFICE (0) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT WITH AN ADOPTED DEVELOPMENT PLAN FOR THE ALMA VIA OF SAN RAFAEL ASSISTED LIVING FACILITY AT 515 NORTHGATE DRIVE (APN 175-060-51, -52, -53, AND —54) (ZC 02-02)" 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 June, 2002, a SUMMARY of Ordinance No. 1784 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 1 st day of Julv, 2002, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAINING: COUNCILMEMBERS: Heller, Miller and Phillips COUNCILMEMBERS: None COUNCILMEMBERS: Cohen COUNCILMEMBERS: Mayor Boro (due to absence from Public Hearin.g held 6/17/02) WITNESS my hand and the official seal of the City of San Rafael this 5th day of July, 2002 JEA��.u,•�e %b.�*� (Seal) N\\NE M. LEONCM, City Clerk ORDINANCE NO. 1784 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP TO RECLASSIFY CERTAIN REAL PROPERTY FROM OFFICE (0) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT WITH AN ADOPTED DEVELOPMENT PLAN FOR THE ALMA VIA OF SAN RAFAEL ASSISTED LIVING FACILITY AT 515 NORTHGATE DRIVE (APN 175-060-51, -52, -53, AND -54) (ZCO2-02) WHEREAS, on October 3, 2001, and April 10, 2002, the Elder Care Alliance submitted planning applications to the City of San Rafael requesting approval of a new 120,141 -square -foot, 137 -unit assisted living facility to be located at 515 Northgate Drive; and WHEREAS, the applications include a request for Rezoning from Office (0) District to a Planned Development (PD) District with an adopted Development Plan for the assisted living facility; and WHEREAS, upon review of the subject applications an Initial Study/Mitigated Negative Declaration was prepared for the proposed project 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, the application for Rezoning to a PD District includes a Development Plan consisting of project plans submitted for approval with the development standards, which contain the information required pursuant to Zoning Ordinance Section 14.07.060; and WHEREAS, the proposed Planned Development (PD) District contains development standards for building setbacks, maximum building height, area for future expansion, floor area ratio (FAR), lot coverage, landscaped areas, parking requirements and architectural standards, as outlined in Exhibit "B"; and WHEREAS, on May 14, 2002, the San Rafael Planning Commission held a duly - noticed public hearing on the proposed Rezoning and related project applications including a General Plan Amendment, a Master Use Permit and an 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. 02-31 recommending City Council approval of the Rezoning and Development Plan; and WHEREAS, on June 17, 2002, the City Council held a duly -noticed public hearing, accepting all oral and written public testimony and the written report of the Community Development Department. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. The City of San Rafael Zoning Map is amended to reclassify the subject property from Office (0) District to Planned Development (PD) District as illustrated in Exhibit "A," and incorporate a Planned Development District for the Alma Via of San Rafael Assisted Living Facility at 355 Los Ranchitos Road and 515 Northgate Drive, as presented in Exhibit `B", based on the following findings: 1. The Development Plan and Planned Development (PD) District amendment are consistent with the General Plan, adopted Northgate Activity Center Plan and other applicable City plans and policies in that: a) The project would implement Land Use Policies LU -19, 29, 35 and 36 by proposing high quality building design, tree preservation and replacement, compatibility of design to surrounding development, including landcaping along Los Ranchitos Road and Northgate Drive and an architectural design which honors the gateway to the Northgate center. Furthermore, the Design Review Board considered the development plan and voted to recommend that the design was compatible with the surrounding neighborhood. b) The project design has been evaluated in a variety of technical reports, including geotechnical, traffic and accoustical studies, and conditions of approval and mitigation measures have been developed to mitigate potential impacts. c) The project design including conditions of approval and mitigation measures would be consistent with the Noise Element policies for residential use N-5, N-7, and N-9. d) Conditions of approval are included in the accompanying project applications to ensure consistency with all applicable General Plan policies including policies discussed above by requiring that: 1) interior noise levels not exceed 40 dBA for bedrooms and 45dBA for other rooms; 2) exterior noise levels not exceed 60 dBA; and 3) utility systems be installed and designed to serve the site. e) The project would be consistent with the applicable policies of the Northgate Activity Center Plan in that proposed assisted living facility would be compatible with the Plan's goal "to establish the Northgate Area as a major Marin County Activity Center (which includes residential uses as key "activities")." 2. The applicant has demonstrated that public facilities would be provided to serve the anticipated population in that the project development is well within the development limits anticipated by the General Plan 2000, the site is served by Las Gallinas Valley Sanitary District and Marin Municipal Water District, and the City's Police, Fire and Public Works Departments have reviewed the project and determined that services are available. The accompanying project applications are proposed to be conditioned accordingly. 2 3. The development is improved by establishment of Planned Development Zoning by: a) providing improved loading facilities; and b) providing landscaping that enhances the project entry and parking areas. 4. The auto, bicycle and pedestrian traffic system is adequately designed for circulation needs and public safety in that internal access and circulation meet City standards and walkways are provided from parking areas with handicapped parking available in the proposed parking garage near the proposed elevator entrance to the assisted living facility and emergency vehicle access is provided to serve the proposed development, in compliance with City standards. 5. The public health, safety and general welfare are served by the adoption of the proposed amendment in that it implements the General Plan and the Development Plan conforms with City standards as discussed in Findings 1 through 4. Furthermore, a Mitigated Negative Declaration has been prepared and adopted for the project that evaluated potential environmental impacts of the project and determined impacts would be less -than -significant based on incorporation of mitigation measures. 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 validy of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more section, subsection, sentence, clause or phrase may 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 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 final 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 theOrdie. oilm O. ncmbery Phillips, Mayor Pro tem Attest: JEAISVE M. LEONCIN , City Clerk 3 The foregoing Ordinance No. 1784 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael on the 171h day of June 2002, and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Heller, Miller, & Phillips, Mayor Pro tem NOES: Councilmembers: None ABSENT: Councilmembers: Vice -Mayor Cohen & Mayor Boro 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 Monday, July 1, 2002. JEANNE M. LEONCIM, City Clerk EXHIBIT A: Revised Zoning Map EXHIBIT B: Alma Via of San Rafael PD Zoning Development Standards 4 Zone Change ZCO2-02 Alma Via APN: 175-060-54 Office District (0) to ORS e Planned District (PD) ................ ... ...................... .. G -)3 ...... .............. 0 APN: 175-060-52 Office District (0) to Planned District (PD) 0 000 0 0 0 0 0 '0 000 D 0 - n n - n- (--n- 0.06 0 0.06 0.12 Miles Zoning Map change from Office (0) to Planned District (PD). N W- ­4F S CRY of San R:Ib fa6 G IS Exhibit: A Exhibit: B A1maVia of San Rafael Planned Development District I. PURPOSE OF PROJECT The project sponsor, Elder Care Alliance, is a nonprofit organization dedicated to serving and enriching the physical, emotional, and spiritual well-being of older adults. The organization builds and manages high-quality assisted living and dementia special care facilities. The average resident served by the Elder Care Alliance is 30+ years old and typically has two or more chronic illnesses such as congestive heart failure, diabetes, or cancer. AlmaVia of San Rafael will, on a nonprofit basis, provide assisted living and dementia special care services to frail elders who are no longer able to live alone safely and who require housing combined with supportive health, psychosocial, and personal care services. Basic care provided to all residents will include all meals and snacks, social and recreational activities, transportation, housekeeping, spiritual programs, care coordination, and daily monitoring. Depending on health status and needs, residents may also receive medication management, assistance with special diets, assistance with dressing, grooming, personal hygiene, bedtime assistance, bathing, walking, toileting, transferring, escort to meals and activities, and assistance with incontinence care. In addition to the availability of all of these services, dementia patients will benefit from a secure environment, special activity programs, and access to secure gardens. Consistent with its nonprofit, charitable mission, Elder Care Alliance provides below-market rate housing in all of its facilities to the maximum extent feasible within responsible economic management. Charitable care assistance for low-income elders will be provided from the inception of this project, as described in a separate document. The amounts available for these subsidies are expected to increase over time, as the project succeeds in meeting its debt -service coverage and other tax-exempt bond financing covenants, and as Elder Care Alliance's fund development efforts succeed in attracting philanthropic support from the local community. It is a tenet of Elder Care Alliance's nonprofit operations that charitable contributions received by each of its facilities should not be diverted to facilities in other communities, but instead should support frail elders within the donor's community (unless, of course, the donor requests otherwise). Given the fact that the entire spectrum of economic strata are well -represented with A1maVia of San Rafael's service community, it is Elder Care Alliance's hope and expectation that this facility will be well-positioned in future years to provide extensive subsidies to low and very -low income seniors. II. PURPOSE OF PLANNED DISTRICT The project site is currently zoned for Office uses, and the proposed use — an extended care facility for the elderly — is a conditionally -permitted use within such "O" zoning. San Rafael Zoning Ordinance Table 14.05.020. However, consistent with the treatment of other assisted AbnaVia of San Rafael Planned Development Application Nan•ative Page I of 3 April 2002 living facilities within the City of San Rafael and throughout the State, and in accordance with San Rafael Zoning Ordinance §14.07.010(F) ("The specific purposes of the planned development (PD) district are to:... F. Accommodate various types of large-scale, complex, mixed-use, phased developments"), the creation of this Planned Development District allows the AlmaVia project to closely tailor its site planning to the facility requirements characteristic of assisted living programs. HI. PERMITTED USES WITHIN DISTRICT The uses permitted within this zone shall be: (1) Senior assisted living facilities, including all services which are ancillary to, customary to, or characteristic of such assisted living facilities. Without limiting the generality of the foregoing, food service may include the availability of meals to staff and to patient or community visitors to the facility, but not to the general public. (2) 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. IV. PROPOSED DEVELOPMENT STANDARDS WITHIN DISTRICT A. Net Area, Lot Size & Number of Lots There shall be a single lot within this zone, created by the merger of Assessor Parcels 175- 060-53 and 54. The net area of this PD District shall be 2.7 acres, the sum of the lot sizes of these two existing Assessor Parcels. Such proposed size is consistent with San Rafael Zoning Ordinance § 14.07.030, which requires a minimum net area for a PD District of 2.5 acres. B. Lot Coverage and Floor Area Ratio Maximum lot coverage within this District shall be 45%. Maximum FAR shall be 1.05. The building as currently proposed calls for lot coverage of 44% and an FAR of 1.02. However, slight leeway is proposed in the District standards to accommodate any changes which may be made during the design review and entitlement processes. C. Maximum Height of Structures Maximum height (as such term is defined in San Rafael Zoning Ordinance § 14.03.030) of structures within this District shall be thirty-six feet (36'). D. Minimum Required Parking Sixty parking spaces shall be provided for patient, visitor, and staff use. Of these, 30% of the total may be compact stalls and five shall be accessible stalls. Alma Via of San Rafael Planned Development Application Narrative Page 2 of 3 Apri12002 E. Maximum Number of Living Units Total number of assisted living units, including dementia units, shall not exceed 137. The current proposal calls for 121 units (approximately 125 patients) for general assisted living. Of these: • 51 are non-ambulatory studios; • 5 are ambulatory studios; • 58 are non-ambulatory one bedroom; • 3 are ambulatory one bedroom; and • 4 are ambulatory suites, with two patients in each. In addition, there are 16 units (approximately 26 patients) for Alzheimer's Disease and other senile dementia patients, as follows: • 6 private units; and • 10 single units, with shared baths. However, the mix of units may change over the years as patient needs change. For example, it may be necessary in the future to accommodate a greater or lesser number of Alzheimer patients within the total number of 137 units permitted within this proposed District. F. Minimum Yards, Maximum Landscaping, Usable Outdoor Area No explicit standards are proposed for landscaping or for outdoor areas within this District. The building as proposed calls for 44% of the lot to be landscaped. Minimum lot -line setbacks shall be as follows: • 15 feet from Los Ranchitos Road; • 15 feet from Northgate Drive; • 10 feet from the south property line (Drake Terrace); • 10 feet from the west property line (office complex). Retaining walls as well as kiosks, trellises, and similar garden structures may be located within these lot -line setbacks. G. Outdoor Amenities Street trees shall be retained or planted along both Los Ranchitos Road and Northgate Drive. Courtyard gardens shall be provided for assisted living patients, and a secure garden provided for dementia patients. The project entry shall include a landscaped porte cochere. AIn:aVia of San Rafael Planned Development Application Nan•ative Page 3 of 3 April 2002