HomeMy WebLinkAbout8.1 Att 2 PC Reso CUP Community Care Facility RESOLUTION NO. 16-xx
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT FOR A COMMUNITY CARE FACILITY/
RESIDENTIAL CARE FACILITY FOR THE ELDERLY AS PART OF THE AVESTA SENIOR
CARE FACILITY PROJECT
7601 AMADOR VALLEY BOULEVARD
PLPA-2015-00058
WHEREAS, the Applicant, Avesta Development Group LLC, is requesting approval of an
application to construct a 66,787 square foot, four story building that contains 35 senior
apartments, 13 high-acuity assisted living units, and 32 memory care units on a one acre site in
Downtown Dublin The project will include the construction of the building, site circulation and
landscape improvements, and frontage improvements along Amador Valley Boulevard,
Starward Drive, and Donohue Drive. The Applicant is seeking site and architectural (SDR)
approval for the site and building, a Conditional Use Permit to allow a Community Care Facility
(Residential Care Facility for the Elderly), and a Conditional Use Permit to authorize a reduced
parking requirement of 40 spaces instead of parking as required by the Zoning Ordinance, and
WHEREAS, Section 8 12 050 of the City of Dublin Zoning Ordinance (Permitted and
Conditionally Permitted Land Uses), states that Community Care Facilities are permitted in the
City's Commercial Zoning Districts with approval of a Conditional Use Permit by the Planning
Commission; and
WHEREAS, because assisted living services would be offered and available to all
residents of the Avesta Senior Care Facility on an as needed basis, California law requires that
the entire project be licensed as assisted living residences (under the residential care facilities
for the elderly statute—Health and Safety Code Section 1569 et seq.) by the California
Department of Social Services ("DSS") This requirement applies whether or not the services
are actually utilized by each individual resident Therefore, this Resolution for the Community
Care Facility also recognizes the building as a "Residential Care Facility for the Elderly"; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared, and
WHEREAS, the project is located within the Downtown Dublin Specific Plan area, which
was the subject of an Environmental Impact Report (EIR), State Clearinghouse number
20100022005 The Downtown Dublin Specific Plan Final EIR was certified by City Council
Resolution No 08-11 dated February 1, 2011 Pursuant to the California Environmental Quality
Act (CEQA) Guidelines section 15168, the Conditional Use Permit approval for this project is
within the scope of the project analyzed in the Specific Plan EIR and no further CEQA review or
document is required, and
WHEREAS, a Staff Report, dated March 22, 2016 and incorporated herein by reference,
described and analyzed the Avesta Senior Care Facility Project, including the Site Development
Review application, Conditional Use Permit for a Community Care Facility/Residential Care
Facility for the Elderly, and the Conditional Use Permit for a Parking Reduction for an Individual
Use, and
ATTACHMENT 2
WHEREAS, the Planning Commission held a properly noticed public hearing on the
Avesta Senior Care Facility Project, including the Site Development Review application,
Conditional Use Permit for a Community Care Facility/Residential Care Facility for the Elderly,
and the Conditional Use Permit for a Parking Reduction for an Individual Use on March 22,
20161 at which time all interested parties had the opportunity to be heard, and
WHEREAS, the Planning Commission did hear and use independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this resolution
BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby
make the following findings and determinations regarding the Conditional Use Permit.
STATEMENT OF FINDINGS
A. The proposed use and related structures are compatible with other land uses, transportation and
service facilities in the vicinity in that: 1) the project is located in the Downtown Dublin Zoning
District, which permits residential and commercial development with approval of Site
Development Review and a Community Benefit Agreement, and 2) the project is located in
Downtown Dublin nearby shopping, services, and other uses
B. The proposed use, as conditioned, will not adversely affect the health or safety of persons
residing or working in the vicinity, or be detrimental to the public health, safety and welfare in
that the project has been designed to meet the development standards and design guidelines of
the Downtown Dublin Specific Plan and Downtown Dublin Zoning District
C. The proposed use, as conditioned, will not be injurious to property or improvements in the
neighborhood in that the project has been designed to ensure that all the residents, employees,
and visitors to the facility are adequately and safely accommodated on the project site.
D. There are adequate provisions for public access, water sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental to the
public health, safety and welfare in that' 1) the project will be served by existing public roadways
including Amador Valley Boulevard, Starward Drive, and Donohue Drive, and 2) the project will
be served by existing public utilities and services including water and sanitation
E. The subject site is physically suitable for the type, density and intensity of the use and related
structures being proposed in that the density of development is within what is permitted by the
Downtown Dublin Specific Plan
F. The proposed use will not be contrary to the specific intent clauses, development regulations, or
performance standards established for the zoning district in which it is located in that: 1) the
project has been reviewed for conformance with the Downtown Dublin Zoning District, and 2) the
Applicant has provided all materials needed to process a Conditional Use Permit for a
Community Care Facility/Residential Care Facility for the Elderly
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G. The proposed use is consistent with the Dublin General Plan and with any applicable Specific
Plans in that 1) the General Plan Land Use designation is "Downtown Dublin," which allows uses
as varied as residential, office, and retail or service commercial, and 2) the project site is located
in the Retail District of the Downtown Dublin Specific Plan, which allows both residential and
commercial development
CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the
establishment of use, and shall be subject to Planning Division review and approval The
following codes represent those departments/agencies responsible for monitoring compliance of
the conditions of approval. [PL] Planning, [B] Building, [PO] Police, [PW] Public Works; [ADM]
Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services; [F] Dublin
Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal,
[CO] Alameda County Department of Environmental Health: [Zone 7] Alameda County Flood
Control and Water Conservation District, Zone 7, [LAVTA] Livermore Amador Valley Transit
Authority, and [CHS] California Department of Health Services
COA# Condition Text Resp. Required
Agency Prior to;
PLANNING DIVISION
1. ' Approval. This Conditional Use Permit approval is for a PL On-going
Community Care Facility/Residential Care Facility for the Elderly
known as the Avesta Senior Care Facility Project (PLPA-2015-
00058) The facility shall be operated in accordance with the
Written Statement provided by the Applicant and included as
"Exhibit A" to this Resolution
2. Effective Date. This Condition Use Permit approval becomes PL On-going
effective after the Community Benefit Agreement associated with
the Avesta Senior Living project is approved by the City Council If
the Community Benefit Agreement is not approved, the Condition
Use Permit approval shall become null and void
3. Permit Expiration. Construction or use shall commence within PL One Year
one (1) year of Permit approval or the Permit shall lapse and After
become null and void If there is a dispute as to whether the Permit Effective
has expired, the City may hold a noticed public hearing to Date
determine the matter Such a determination may be processed
concurrently with revocation proceedings in appropriate
circumstances If a Permit expires, a new application must be
made and processed according to the requirements of this
Ordinance
4. Time Extension. The original approving decision-maker may, PL Prior to
upon the Applicant's written request for an extension of approval Expiration
prior to expiration, upon the determination that all Conditions of Date
Approval remain adequate and all applicable findings of approval
will continue to be met, grant an extension of the approval for a
period not to exceed six (6) months All time extension requests
shall be noticed and a public hearing shall be held before the
onanal hearin• bod _
5. Compliance. The Applicant/Property Owner shall operate this use PL ~ On-going
in compliance with the Conditions of Approval of this Conditional
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COA # Condition Text IEN Required
Prior to:
IUse Permit, the approved plans and the regulations established in
the Zoning Ordinance Any violation of the terms or conditions
s•ecified ma be sub ect to enforcement action
Revocation of Permit. The Conditional Use Permit approval shall PL On-going
be revocable in accordance with the Dublin Zoning Ordinance
Any violation of the terms or conditions of this permit shall be
sub ect to citation
7. Indemnification. The Developer shall defend, indemnify, and hold ADM On-going
harmless the City of Dublin and its agents, officers, and employees
from any claim, action, or proceeding against the City of Dublin or
its agents, officers, or employees to attack, set aside, void, or
annul an approval of the City of Dublin or its advisory agency,
appeal board, Planning Commission, City Council, Community
I Development Director, Zoning Administrator, or any other
department, committee, or agency of the City to the extent such
actions are brought within the time period required by Government
Code Section 66499 37 or other applicable law, provided,
however, that the Developer's duty to so defend, indemnify, and
hold harmless shall be subject to the City's promptly notifying the
Developer of any said claim, action, or proceeding and the City's
_ full cooperation in the defense of such actions or •roceedin.s _
8. Clarification of Conditions. In the event that there needs to be PL, PW On-going
clarification to the Conditions of Approval, the Director of
Community Development and the City Engineer have the authority
to clarify the intent of these Conditions of Approval to the
Developer without going to a public hearing The Director of
' Community Development and the City Engineer also have the li
authority to make minor modifications to these conditions without
going to a public hearing in order for the Developer to fulfill needed
improvements or mitigations resulting from impacts to this •ro ect
PASSED AND ADOPTED BY the Planning Commission of the City of Dublin, on this 22nd
day of March 2016 by the following votes
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
G IPA120151PLPA-2015-00058 Avesta Senior Lining SDR-CUPIPC 03 22 20161Att n -Reso CUP Comm Care Facility clog
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