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HomeMy WebLinkAboutCC Resolution 11507 (Assisted Living Facility - Alma Via)RESOLUTION NO. 11507 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT AMENDMENT (ED03-086) AND USE PERMIT AMENDMENT (UP03-061) FOR A 130 -UNIT, 107,000 -SQUARE -FOOT ASSISTED LIVING FACILITY (ALMA VIA OF SAN RAFAEL) AT 515 NORTHGATE DRIVE (APNs: 175-060-51, -52, -53, AND —54) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL FINDS AND DETERMINES THAT: 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, 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 project applications and recommended that the City Council approve the Environmental and Design Review Permit Amendment (ED03-086) and Use Permit Amendment (UP03- 61); and WHEREAS, on February 17, 2004 the San Rafael City Council held a duly -noticed public hearing on the proposed project applications, as required by State law, 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, BE IT RESOLVED, that the City Council of the City of San Rafael hereby approves the Environmental and Design Review Permit Amendment and Use Permit Amendment for the Alma Via of San Rafael Assisted Living Facility based on the following findings and conditions of approval: Environmental and Design Review Permit Amendment Findings The proposed project would be in accord with the following General Plan Policies: 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, and 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 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 ORIGINAL X501% 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 proposed project would be consistent with the Northgate Activity Center Plan given that the assisted living facility would promote the area with an active use and would comply with all other requirements of the specific plan. 3. The proposed project would meet the objectives of the Zoning Ordinance, the purposes of Chapters 7 Planned Development District, 22 Use Permits, and 25 Environmental and Design Review, and applicable site, architecture, and landscape design criteria and guidelines in that the project: 1) would be consistent with the required lot area, density, and height requirements of the General Plan and establish property development regulations for the project site; 2) would meet the minimum parking requirements; and 3) has been reviewed and recommended for approval by the City Traffic Engineer and Design Review Board. 4. The project design minimizes adverse environmental impacts because it has been reviewed by the appropriate agencies and would provide adequate setbacks, landscaping, parking, and has been designed to be consistent with surrounding development. 5. The project design would not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that the project has been reviewed by all appropriate City Departments and permitting agencies and conditioned accordingly and the potential environmental impacts of the project were assessed pursuant to CEQA. Use Permit Amendment Findings 6. As stated above, the proposed use would be in accord with the General Plan, the objectives of the Zoning Ordinance, and the Northgate Activity Center Plan. The proposed use, together with the conditions applicable thereto, would not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the City because the site is designated for high density residential use and the proposed assisted living project would not result in undue health hazards or significant environmental impacts. In addition, the project has been reviewed by all appropriate agencies and conditioned accordingly to avoid any such effects. 8. The proposed project complies with each of the applicable provisions of Zoning Ordinance (Planned Development District and Environmental and Design Review Permits) in that the project would be appropriately located in Planned Development District, would provide adequate parking, has been designed in accordance with Chapter 25 Environmental and Design Review Permits, and would meet the design criteria for new construction. Conditions of Approval Mitigation Measures 1. The project developer shall replace, in kind, the nine California live oak trees to be removed at a 3:1 ratio on site. The trees shall be planted in suitable areas within the landscaped areas on site, preferably separated from areas of vehicular traffic. The number of trees required may replace other types of trees currently proposed for the site. The required tree size shall be 15 gallon. 2. The submitted landscaping plan shall be implemented and maintained. Vegetation shall be maintained in a healthy state. 3. The following control measures shall be included in construction contracts and shall be shown on plans submitted for a grading, building and/or demolition permit: a. All active construction areas shall be watered at least twice daily. b. All trucks hauling soil, sand or loose materials shall be covered or shall maintain at least two feet of freeboard. c. All unpaved access roads, parking areas and staging areas at the construction site shall be paved, shall have water applied three time daily, or shall have soil stabilizers (nontoxic) applied. d. All paved access roads, parking areas and staging areas at the construction site shall be swept daily(with water sweepers). e. Streets shall be swept (with water sweepers) if visible soil material is carried onto adjacent public streets. f. Stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be watered or covered. g. Adjacent public streets shall be swept daily (preferably with water sweepers) if visible soil material is carried from the construction site onto the public street. 4. Prior to the issuance of a demolition permit for the existing building, the applicant shall submit verification that the requirements of the Bay Area Air Quality Management District (BAAQMD) have been met and any necessary permits have been issued for demolition of the existing buildings. 5. The following measures shall be included in construction contracts and shall be shown on plans submitted for a grading, building and/or demolition permit in order to control fugitive dust emissions: a. Dust -producing activities shall be suspended when wind (instantaneous gusts) exceed 25 mph. b. A dust -control coordinator shall be designated. The telephone number and person to contact regarding dust complaints shall be prominently posted on the site. This person shall respond to complaints within 24 hours or less and have the authority to take corrective action. c. Prior to any demolition activities related to any of the existing structures, loose and peeling lead-based paints (LBP) shall be removed under controlled procedures and all asbestos - containing materials (ACM) and other environmentally hazardous building materials shall be removed and disposed of in accordance with the requirements of the BAAQMD, the California Environmental Protection Agency (Cal/EPA), the California Occupational Safety and Health Administration (CAL/OSHA) and the Department of Health Services. d. The following measures shall be implemented during the demolition process: L Watering shall be used to control dust generation during demolition of structures and break-up of pavement. ii. All trucks hauling demolition debris from the site shall be covered. iii. Dust -proof chutes shall be used to load debris into trucks whenever feasible. 6. An acoustical consultant shall review the building design and provide a letter showing how the project will be designed to comply with General Plan Policy N-7 for noise levels permissible for indoor areas prior to issuance of a building permit. This letter must outline the requisite window and/or wall Sound Transmission Class (STC) ratings needed to meet the City's indoor noise standard of an Ldp, of 40 dBA in bedrooms and 45 dBA in other rooms. Preliminary analysis indicates that windows with a minimum STC rating of 28 will be required for all living units along Los Ranchitos Road and Northgate Drive. 7. Mechanical equipment shall be designed so that it does not exceed 54 dBA at the adjacent property lines. This can be achieved through the use of quiet equipment, and if necessary, sound -absorbing materials on the insides of the mechanical wells. The applicant shall hire an acoustical consultant to review the design and submit a letter, which demonstrates how the mechanical noise would achieve this goal, prior to the issuance of a building permit. 8. To minimize the noise generated by occasional maintenance activities, these activities shall be limited to business/daytime hours whenever feasible. Engines shall not be left idling when truck engines or vehicles are not in use. 9. To minimize the potential annoyance from construction noise at nearby noise -sensitive receivers, the following measures shall be taken: a. Neighbors located adjacent to the subject site (i.e., the residential building to the south and the offices to the east) shall be notified in writing of the construction schedule. b. Construction activities, including demolition, grading, excavation, paving and truck traffic coming to and from the construction site shall be limited to between the hours of 7:30 a.m. and 5:00 p.m., Monday through Friday. No construction shall be allowed on City -honored holidays. C. Power construction equipment shall be turned off when not in use. d. All stationary noise -generating construction equipment, such as air compressors, shall be located as far as practical from existing nearby homes and offices. e. A construction disturbance coordinator shall be designated for the site. A coordinator approved by the City shall be hired by the applicant and perform on an on-call basis paid for by the applicant. The coordinator shall be responsible for receiving and acting on complaints about construction noise when activities are occurring. The coordinator shall determine the cause and implement remedial measures as necessary to alleviate significant noise problems. The telephone number of the coordinator shall be clearly posted on a sign at each construction site entrance. f. Prior to the demolition of existing buildings on site, an eight -foot -tall noise barrier shall be constructed along the southern property line. This barrier shall be solid with no cracks or gaps. Since it would be temporary, 1 -inch thick plywood would be an acceptable material. This barrier would provide a noticeable 5 to 10 dBA of noise reduction for ground level residences and outdoor use areas when construction activities occur at ground level. 10. Stop signs, bar and legends shall be installed at all parking area egress. 11. Plants and vegetation shall be designed such that the driveway sight distance would not be obscured. Use Permit Amendment (UP03-061) 12. This Use Permit Amendment supercedes the previous Use Permit Approval (UP01-046) and authorizes the operation of a 130 -unit assisted living facility with a maximum of 151 residents on the subject property and shall be valid for a period of two years or until February 17, 2006, unless a building permit has been issued or a time extension granted. 13. Ancillary uses associated with the operation of the assisted living facility as described in the Planned Development text shall be permitted. These uses shall include: food service to staff and to resident or community visitors to the facility, and 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. Ancillary uses shall be reviewed and approved by the City of San Rafael Community Development Director or designee. 14. The applicant shall implement the affordability standards outlined in the "Alma Via of San Rafael Charitable Care Program," February 7, 2002, to address the varied financial needs of area residents. Upon completion of the project, the applicant shall submit an annual report on or before February 15th of each year to describe the applicant's implementation of the Charitable Care Program. The report shall include specific details as to how the applicant has provided subsidies to residents, the status of the facility's debt -service and proof of the applicant's attempts to obtain government funds and other potential grants or funds. 15. If the City Traffic Engineer and the Community Development Director determine that the 44 on-site parking spaces are inadequate for parking demand generated by the senior assisted living facility, then additional measures shall be required to reduce the parking demand, which may include the following: 4 a) Provide off-site parking and shuttle employees to the site; b) Eliminate parking spaces for residents who do not or cannot drive; c) Modify shift change hours to stagger parking demand throughout the day; d) Establish a carpool program for employees; and/or e) Other measures subject to the review and approval of the City Traffic Engineer and Community Development Director. Environmental and Design Review Permit Amendment (ED03-086) 16. This Environmental and Design Review Permit Amendment supercedes the previous Environmental and Design Review Permit (ED01-117) and shall be valid for a period of two years or until February 17, 2006, unless a building permit has been issued or a time extension granted. 17. The building techniques, materials, elevations and appearance of the project, as presented for approval on plans prepared by Hardison Komatsu Ivelich and Tucker, dated approved February 17, 2004, shall be the same as required for issuance of a building permit. Minor modifications or revisions to the project shall be subject to review and approval of the Planning Division. Modifications deemed not minor by the Community Development Director shall require review by the Design Review Board and approval by the Zoning Administrator. Fire Department 18. Address shall be posted conforming to Fire Prevention Standards 205 and 205A. 19. The alarms from fire detection systems and commercial fire sprinkler systems shall be monitored by a UL Central Station Company approved by the San Rafael Fire Department and be issued a UL serially -numbered certificate for Central Fire Station Fire Alarms. 20. A permit application shall be submitted to the Fire Prevention Bureau with two sets of plans 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. 21. A fire hydrant shall be installed, capable of supplying the required fire flow. The fire hydrant shall be spotted by the Fire Marshal and installed prior to framing. 22. All fire hydrants shall be Jones Model 3740, installed and painted by the developer/owner, conforming with Fire Prevention Standards. 23. Based on Uniform Building Code or Fire Code requirements, an automatic fire sprinkler system shall be installed throughout conforming to NFPA Standards 13 and 13R. 24. An automatic fire extinguishing system is required for the protection of all hood, duct, and cooking surfaces, etc. 25. Fire retardant roof covering shall be required with a minimum Class "A" listing. Police Department 26. Final construction plans shall be subject to Police Department review and approval. 27. Building design shall incorporate provisions to guard against "walk -away" patients from the Dementia Unit. 28. Applicant shall submit a plan illustrating the facility management's approach for dealing with violent or other control problem residents. 29. Applicant shall submit a written description of protocols to be established with the Crisis Unit at Marin General Hospital for residents that may need to be transported there. 30. The Crime Prevention Officer shall be allowed to inspect and approve the construction prior to occupancy. Building & Safety Division 31. An engineered site plan showing all existing and proposed site conditions shall be submitted with the application for a building permit. 32. A level "B" soils report shall be submitted with the application for a building permit. 33. The project soils engineer shall review and approve the project plans for conformance with the requirements of the project soils report. 34. All earth and foundation work shall be performed under the supervision of a soils engineer and a final construction observation report shall be submitted. 35. Grading, drainage, and foundation plans shall be reviewed and approved by the project soils engineer prior to issuance of a grading, excavation, or building permit. 36. An erosion control plan shall be submitted showing how erosion will be controlled during and after construction and shall be subject to review and approval by the City Engineer. The erosion control plan shall be consistent with "Best Management Practices" and conform to the requirements of the Regional Water Quality Control Board. 37. The improvement plans shall show all existing and proposed drainage facilities. 38. All utilities shall be underground. 39. The improvement plans shall show all existing and proposed sanitary sewer facilities. 40. Parking lot lighting shall be installed. The number, location and type of lights shall be subject to approval by the Police, Community Development and Public Works Departments. 41. An encroachment permit from the City of San Rafael shall be required for the construction of all frontage improvements. All frontage improvements shall be in accordance with the "Uniform Standards of the Cities and County of Marin." 42. All unused driveways shall be removed and reconstructed with standard curb, gutter, and sidewalk installations. 43. All existing curb, gutter and sidewalks damaged during construction shall be replaced to the satisfaction of the City Engineer. 44. The existing parcels upon which the buildings are to be constructed shall be combined to remove the lot lines prior to the issuance of a construction permit. 45. Standard driveway connections shall be constructed on the frontage. Planning Division 46. Prior to the issuance of a building permit, the applicant shall submit verification from the Las Gallinas Valley Sanitary District that all necessary approvals have been obtained. 47. Prior to the issuance of a building permit, the applicant shall submit verification from the Marin Municipal Water District that all necessary approvals have been obtained. 48. Detailed lighting, vent and utility screening, landscaping and irrigation plans shall be submitted to the Planning Division for review and approval by the Design Review Board. 49. Prior to issuance of a grading and/or demolition permit, the applicant shall submit a construction staging and logistics plan for review and approval of the Community Development Director. 50. The landscape architect shall submit written certification to the Planning Division, and call for an inspection, that the landscaping has been installed in accordance with all aspects of the approved landscape plans, that the irrigation has been installed and tested for timing and function, and all plants including street trees are healthy. 51. All landscaping shall be maintained in a healthy and thriving condition, free of weeds and debris. 52. The proposed parking lot pavement shall be marked/painted with appropriate directional signs/arrows for ingress and egress. These improvements shall be completed to the satisfaction of the Public Works Department. 53. 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. 54. Bicycle parking shall be provided consistent with Section 14.18.090 of the San Rafael Zoning Ordinance. 55. To ensure that all doors and entrances are adequately illuminated and that all illumination is directed at the subject property, all lighting improvements, facilities and fixtures shall be subject to the review and approval of the Police Department and Planning Division. 56. Following the issuance of a certificate of occupancy, all exterior lighting shall be subject to a 30 -day lighting level review by Planning Division staff to ensure compatibility with the surrounding area. 57. Signage shall require a separate application for review and approval prior to installation. I, JEANNE M. LEONCINI, Clerk of 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 of said City held on Tuesday, the 17th day of February, 2004 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE NE M. LEONCINI, City Clerk