HomeMy WebLinkAboutOrdinance 1573 (Smith Ranch Homes Personal Care Fac.)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. 1573 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING FROM P -D -NG
(R-84) (PLANNED DEVELOPMENT AND NORTHGATE OVERLAY DISTRICTS 84
PEAK HOUR RESIDENTIAL TRIPS) to P -D -NG (R-84) and AMENDING
CERTAIN ZONING SETBACK STANDARDS ESTABLISHED BY EXHIBIT C-1 OF
ORDINANCE 1507. SMITH RANCH HOMES PERSONAL CARE FACILITY,
SILVEIRA PARKWAY"
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 2ND day of October F
19 89 , 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 Citv at a REGULAR meeting of the City Council of said
City held on the 16TH day of October
, 1989 ,
by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official seal
of the C17 TT f San Rafael this
day of October
19 89
JEAN . LEONCINI I\, City Clerk
ORDINANCE NO. 1573
AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING FROM P -D -NG (R-
84) (PLANNED DEVELOPMENT AND NORTHGATE OVERLAY DISTRICTS 84
PEAK HOUR RESIDENTIAL TRIPS) to P -D -NG (R-84) and AMENDING
CERTAIN ZONING SETBACK STANDARDS ESTABLISHED BY EXHIBIT C-1 OF
ORDINANCE 1507.
SMITH RANCH HOMES PERSONAL CARE FACILITY. SILVEIRA PARKWAY
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS
FOLLOWS:
DIVISION 1. The setbacks required to be met in the
development of Parcel 5A of a project known as Smith Ranch
Hills, as set forth in schedule C-1, article III, subparagraph
C of Ordinance 1507 is hereby amended in its entirely to read
as follows:
C. Setbacks: 10 -foot setback from property line to any
parking area, 20 -foot setback from property line to
any building except as the east property line
abutting the right-of-way for Silveira Parkway, where
setbacks shall be as follows:
No setback from property line to any parking area;
10 -foot setback from property line to any building.
Said Parcel 5A of Smith Ranch Hills is located west of Silveira
Parkway in San Rafael, County's Assessors Parcel 155-251-52 and
is more precisely described in Exhibit "A" attached hereto.
DIVISION 2. Any development of this property shall be
subject to the conditions outlined in Exhibit "A" of Ordinance
1507, and subject to the standards contained in Article III of
Exhibit C-1 of Ordinance 1507.
DIVISION 3. If any section, subsection, sentence, clause
or phrase of this Ordinance is for any reason held to be
invalid, such decisions 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, subsections, sentence, clause or phrase thereof
irrespective of the fact that any one or more sections,
subsections, sentences clauses or phrases be declared invalid.
i1RIGINAL „>
DIVISION 4. This Ordinance shall be published once in
full before its final passage in a newspaper of general
circulation, published and circulated in the City of San
Rafael, and shall be in full force and effect thirty (30) days
after its final passage.
LAWRENCE E. MULRYAN, Mayor
Attest:
JEANNE M. LEONCIN , y Clerk
The foregoing Ordinance No. 1573 was read and
introduced at Reqular meeting of the City Council
of the City of San Rafael, held on the 2nd day of
October , 1989, and ordered passed to print by the
following vote, to wit:
AYES: Councilmembers: Boro, Breiner, Frugoli, Thayer & Mayor Mulryai
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 16th day ofOctober 1989.
Cw&t-") /
JEANNE M. LEON IN� ty Cl rk
EXHIBIT "A"
LEGAL DESCRIPTION
LOT LINE ADJUSTMENT OF
LOT 5A AND 23 PM 46
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SAN
RAFAEL* COUNTY OF MARIN, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE COURSES "NORTH 70 53' 211'
EAST, 140.05 FEET" AND "NORTH 330 261 30" EAST, 190.01 FEET" AS
SHOWN AND DELINEATED ON THE EASTERLY BOUNDARY OF PARCEL C OF
THE "PARCEL MAP OF LOT LINE ADJUSTMENT - LOT 5, 12 AND PARCEL
C, SMITH RANCH - NORTHERLY PORTION - 17 RM 39 - 21 PM 881',
RECORDED JULY 30, 1986 IN BOOK 23 OF PARCEL MAPS AT PAGE 46,
MARIN COUNTY RECORDS; THENCE Al•ONG SAID EASTERLY BOUNDARY OF
SAID PARCEL C (23 PM 46) NORTH 33° 26' 30" EAST, 47.52 FEET TO
THE MOST SOUTHERLY CORNER OF LOT 5A, AS SHOWN ON SAID PARCEL
MAP (23 PM 46), BEING THE TRUE POINT OF BEGINNING; THENCE
LEAVING SAID EASTERLY BOUNDARY OF SAID PARCEL C (23 PM 46)
NORTH 700 0911 3611 WEST, 42.49 FEET; THENCE NORTH 190 50' 24"
EAST, 160.00 FEET; THENCE NORTH 100 09' 36" WEST, 12.00 FEET;
THENCE NORTH 700 09' 36" WEST, 34.68 FEET; THENCE NORTH 100 09'
361' WEST, 80.64 FEET;' THENCE NORTH 190 50' 24" EAST, 84.20
FEET; THENCE NORTH 250 09' 36" WEST, 26.87 FEET; THENCE NORTH
19- 50f 24111"EAST, 70.00 FEET; THENCE NORTH 640 50' 24" EAST,
41.63 FEET; THENCE NORTH 190 50' 24" EAST, 47.69 FEET; THENCE
NORTH 640 50' 24" EAST, 58.78 FEET TO THE NORTHERLY BOUNDARY OF
SAID LOT 5A (23 PM 46); THENCE ALONG SAID NORTHERLY BOUNDARY
(23 PM 46) NORTH 640 501 24" EAST, 55.84 FEET, AND THENCE SOUTH
700 09' 36" EAST, 65.52 FEET TO THE MOST EASTERLY CORNER OF
SAID LOT 5A (23 PM 46); THENCE LEAVING SAID NORTHERLY BOUNDARY
(23 PM 46)#ALONG THE EASTERLY BOUNDARY OF SAID LOT 5A (23 PM
46) SOUTH 190 50" 24" WEST, 433.11 FEET; THENCE LEAVING SAID
EASTERLY BOUNDARY (23 PM 46) SOUTH 19° 501 24" WEST, 138.49
FEET; THENCE NORTH 708 09" 36" WEST, 33.51 FEET TO THE TRUE
POINT OF BEGINNING.
CONTAINING 1.6430 ACRES, MORE OR LESS.
SMITH RANCH HOMES PERSONAL CARE FACILITY
CONDITIONS OF APPROVAL
As Aubroved by the Citv Council October 2, 1989
USE PERMIT, UP89-37
1) Approval is granted for a Phase I 102 -bed Personal Care
Facility, which in the future may be converted as follows:
Phase II: A 102 -bed facility having 59 beds for Skilled
Nursing and 43 beds for Personal Care
Phase III: A 120 -bed Skilled Nursing facility.
2) A minimum of 62 on-site parking spaces, including 2
handicapped spaces and including a maximum of 31% compact
size ptalls shall be required.
3) Approval is subject to City Council approval of Z89-12 and
P89-7.
4) This use permit is valid for two years with the rezoning
application for a period from City Council adoption of the
zone change unless a building permit is issued or a time
extension granted.
ENVIRONMENTAL AND DESIGN REVIEW, ED 89-47
Marin Municipal Water District
3.) Complete a High Pressure Water Service Application
2) Submit a copy of the building permit
3) Pay appropriate fees
4) Complete the structure's foundation
5) Meet all conditions of the District's WATER CONSERVATION
ORDINANCE NO. 263 as outlined in the attached pamphlet.
Fire Department
6) Fire Hydrant Type Jones 3740 shall be installed capable of
supplying the required fire flow. Hydrants shall be
1
. OrA - I X13
spaced at 300 feet intervals and spotted by the fire
marshal. The fire hydrant(s) shall be installed prior to
building permits being issued.
7) All roadways shall be at least 20 feet obstructed and have
a gross vehicle weight of not less than 35,000 lbs. single
axle turning radius shall be not less than 35 feet.
Roadways shall have all weather surface and be installed
prior to building permits being issued.
8) The driveway shall not exceed 18% grade and be capable of
accommodating fire department apparatus turning radius and
turn around capabilities.
9) An approved hammerhead or cul de •sac around shall be
installed and be capable of accommodating fire department
apparatus.
10) No parking fire lanes signs and curb markings shall be
installed for all access roadways, parking lots and
driveways as specified by the fire marshal conforming to
Fire Prevention Std. 204.
11) Based on the required fire flow, an automatic fire
sprinkler system or detection system may be required to be
installed throughout conforming to NFPA Std. 13, 13D as
modified by the fire marshal, or NFPA 71,72 respectively
and Fire Prevention Std. 300. The alarms shall be
monitored by an approved UL Central Station Company and
issued a UL serially numbered Certificate.
12) A minimum of two sets of plans and hydraulic calculations
shall be submitted to the fire marshal 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. A permit
application shall be submitted to the Fire Prevention
Bureau with the submittal of plans and specification
sheets prior to installation.
13) Addresses shall be posted conforming to Fire Prevention
Std. 205 and 205A.
14) Prior to any structural improvements placed on the new
property, a fire hydrant type Jones 3740 shall be
installed at a location specified by the fire marshal.
15) An approved Knox keyway system is required to be installed
conforming to Fire Prevention Std. 202.
16) The facility shall conform or be made to conform to all of
the provisions and requirements of Title 19 and 24
2
California Code of regulations.
17) The nearest fire hydrant shall be located within 150 feet
from the structure and be a type Jones 3740 capable of
supplying the required fire flow.
Public Works Department
Plans. Permits and Easements
18) An engineered site plan shall be submitted with the
application for a building permit. The site plan shall
show all existing and proposed site conditions.
19) An encroachment permit shall be required for any work in
the right-of-way.
20) An encroachment permit shall be obtained from the
Department of Public Works for the drainage improvements
proposed on the adjacent Public Open Space Parcel. This
permit will require City Council approval.
Grading and Earthwork
21) A level "B" soils report must be submitted with the
application for a building permit.
22) All earthwork shall be in compliance with the soils report
by Harding Lawson Associates dated June 23, 1989 and the
Geotechnic Review Board (Herzog) response dated August 15,
1989.
23) Grading plans shall show all proposed and existing
contours, as well as proposed drainage improvements.
24) Grading, drainage and foundation plans shall be reviewed
and signed by the soils engineer.
25) All earth and foundation work shall be reviewed and signed
by the soils engineer.
26) A grading permit will be required.
27) An erosion control plan shall be submitted showing how
erosion and siltation are to be controlled during
construction.
Storm Drainage
28) The improvement plans shall show all existing and proposed
drainage.
3
29) Drainage improvements (V -ditch or pipe) shall be installed
on the adjacent open space proposed drainage facilities.
30) Drainage improvements (V -ditch or pipe) shall be installed
on the adjacent open space property to replace the
temporary improvements installed at the time of
construction of the McInnis Park Apartments.
Frontaae Improvements
31) The improvements plans shall show all existing and
proposed frontage improvements.
32) Standard driveway connections shall be constructed on the
frontage.
33) All frontage improvements shall be constructed in
accordance with the "uniform Construction Standards for
the Cities and County of Marin".
34) All existing curb and gutter damaged during construction
shall be replaced to the satisfaction of the City
Engineer.
35) Prior to the issuance of grading permits the applicant
shall post bonds or furnish other financial assurances to
the satisfaction of the Director of Public Works to cover
the cost of construction of retaining walls along the
Silveira Parkway frontage of the site, and the cost of
relocating driveways, as such walls and relocation may be
required if Silveira Parkway is widened to include a 64
foot pavement width.
Utilities
36) The improvement plans shall show all existing and proposed
utilities.
37) The parking areas shall be illuminated with "high pressure
sodium" lighting or other approved energy efficient
systems.
38) All utility services shall be underground.
Plannina Department
39) Except as otherwise provided by these conditions, the
project shall conform to the following plans:
a) Tref finger Walz @ MacLeod plans dated September 1,
1989 consisting of:
4
1. Topography map (site locations), sheet 1.
2. Site plan, sheet 2.
3. Ground Floor Plan, sheet 3.
4. First Floor Plan, sheet 4.
5. Second Floor Plan, sheet 5.
6. Roof Plan, sheet 6.
7. Site Elevation, sheet 7.
8. East Elevation, sheet 8.
9. Elevations (south and west), sheet 9.
10. Building Sections, sheet 10.
11. Building Section
12. Site Plan Showing Existing Trees, sheet 13
b) Royston, Hanamoto, Alley & Abey Conceptual Landscape
Plan sheet 12, dated September 1, 1989.
c) Oberkamper 0 Associates grading and drainage plan
dated September 1, 1989.
40) Refinements to the design of the tower element may be
approved by the Planning Director.
41) Refinements to the design of the tower element may be
approved by the Planning Director.
42) All mechanical equipment (i.e., air conditioning units,
meters and transformers) and appurtenances not entirely
enclosed within the structure (on the side or roof of a
building) shall be screened from public view. The method
used to accomplish the screening shall be indicated on the
building plans and approved by the Planning Department
prior to issuance of a building permit.
43) Details for proposed retaining walls shall be included on
the final building plans. These details shall include a
site plans and elevations indicating location, height,
proposed materials, opacity and color scheme and shall be
designed to match the building.
44) Detailed landscape and irrigation plans shall be submitted
for review and approval to the Planning Department prior
to the issuance of a building permit.
45) All landscaped areas shall be maintained in a healthy and
thriving condition, free of weeds, trash and debris.
46) Prior to building occupancy, the property owner shall
provide a two year maintenance contract for landscaping or
post a two year maintenance bond with the City of San
Rafael.
47) Prior to the issuance of a building permit, the applicant
5
shall pay traffic mitigation fee of $42,845 (in 1989
dollars). The amount shall be adjusted at the time of
payment by the Lee Saylor Construction Cost Index since
September 1986. This fee is based on adopted fees of
$2255 per p.m. peak trip in September 1986 dollars times
19 trips.
Traffic fees for the Personal Care Facility were
previously required by Condition (ii) of ED85-12(c) for
the Smith Ranch Homes 400 -unit retirement residential
project. If, at the time of building permit issuance for
the Personal Care Facility, traffic fees have been paid by
Smith Ranch Homes for all the 84 peak hour trips allocated
to the 400 units (65 trips) and the Personal Care Facility
(19 trips), then additional fees will not be required for
the 19 trips of the Skilled Nursing Facility.
48) Prior to building occupancy, the parking lot pavement
shall be marked/painted with appropriate directional
signs/arrows for ingress and egress. This shall be done
to the satisfaction of the Traffic Engineer.
49) 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.
50) All trash enclosures shall be constructed of concrete
block or masonry and surfaced with the same materials used
for the main building.
51) All lighting improvements, facilities and fixtures shall
be subject to the review and approval of the Police and
Planning Departments prior to issuance of a building
permit.
52) A sign program shall be approved by the Planning
Department prior to issuance of any sign permits for the
project.
53) This environmental and design review permit is valid for
two years with the rezoning application for a period form
City Council adoption of the zone change unless a building
permit is issued or a time extension granted.
6