HomeMy WebLinkAbout8.1 Att 4 PC Reso CUP for Parking Reduction RESOLUTION NO. 16-xx
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT FOR A PARKING REDUCTION FOR AN
INDIVIDUAL USE FOR 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
(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 8.76.050 E of the City of Dublin Zoning Ordinance (Adjustment to
the Number of Parking Spaces), states that when a reduction of off-street parking is proposed
because an applicant for a proposed use believes the number of parking spaces required for
their use as specified by the Zoning Ordinance is not applicable because the use would
function differently than the generic use type and associated parking standards established in
this Chapter, the Zoning Administrator may grant a reduction in off-street parking requirements;
and
WHEREAS, the Zoning Administrator can refer the application to the Planning
Commission when the application is being processed concurrently with other applications
related to the same project (as is the case here), and
WHEREAS, Section 8 76 050 E (Parking Reduction for an Individual Use) of the Off
Street Parking and Loading Chapter of the Zoning Ordinance outlines the means by which a
parking reduction can be considered, and
WHEREAS, the Applicant submitted a request for a Parking Reduction for an Individual
Use in order to provide parking for the project at a rate that is lower than the City standard for
apartments and Community Care Facilities as noted in Section 8.76 080 B of the Zoning
Ordinance (Parking Requirements by Use Type — Residential Use Types) and Section
8 76 080 D ((Parking Requirements by Use Type — Commercial Use Types), and
WHEREAS, the Applicant submitted a Parking Study completed by Fehr + Peers
regarding the proposed parking reduction that outline the reasons behind the request, which
was reviewed and accepted by the City's Transportation and Operations Manager/Traffic
Engineer, and
WHEREAS, based on the conclusions of the parking analyses and the reasons outlined
in the Staff Report, City Staff supports a parking reduction from 86 spaces (combined for
residential and commercial uses) to 40 spaces for this use in this location, and
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WHEREAS, because of the commercial and combined use nature of the facility, surface
parking was determined to be appropriate instead of mandating covered/garage spaces as is
typically required for senior apartments, 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 this proposed Conditional Use Permit for a Parking Reduction for an
Individual Use, and
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 this proposed Conditional Use Permit for a Parking Reduction for an Individual Use on
March 22, 2016, 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 2) the project is located in Downtown
Dublin nearby shopping, services, and other uses that make owning a car less important than in
other areas; 3) residents of senior/assisted living facilities have a demonstrated low ratio of car
ownership, and 4) the parking analyses demonstrate that there should not be spillover parking
impacts to adjacent properties.
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B. The proposed use meets the parking requirement for the use type in accordance with the
requirements of Chapter 8 76 (Off-Street Parking and Loading Regulations), which could include
a parking reduction for an individual use in that: 1) a parking study was prepared by the
Applicant's parking consultant that was reviewed by the City's Transportation and Operations
Manager, which demonstrates that there is sufficient parking available to meet the parking
demands of residents, employees, and visitors and there is not expected to be a parking
deficiency, and 2) the Parking Reduction for an Individual Use will facilitate the development of
the site for a senior living/care facility and the establishment of new commercial services and
uses in Downtown Dublin, which is one of the guiding principles of the Downtown Dublin Specific
Plan, and 3) due to the commercial and combined use nature of the facility, surface parking was
determined to be appropriate instead of mandating covered/garage spaces as is typically
required for senior apartments.
C. 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 1) a parking study was prepared that demonstrates there is sufficient parking available to
meet the parking demands of residents, employees, and visitors and there should not be a
parking deficiency, and 2) due to sufficient on-site parking, it is not anticipated that there will be
any overflow parking that would adversely affect an adjacent use.
D. The proposed use, as conditioned, will not be injurious to property or improvements in the
neighborhood in that: a parking study was prepared that demonstrates there is sufficient parking
available to meet the parking demands of residents, employees, and visitors and there should
not be a parking deficiency or overflow parking that will impact adjacent properties and
businesses
E. 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.
F. The subject site is physically suitable for the type, density and intensity of the use and related
structures being proposed in that a parking study was prepared that demonstrates there is
sufficient parking available to meet the parking demands of residents, employees, and visitors
and there should not be a parking deficiency or overflow parking that will impact adjacent
properties and businesses
G. 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 the
Downtown Dublin Specific Plan and a Parking Reduction for an Individual Use is permitted when
an Applicant for a proposed use believes the number of parking spaces required for their use as
specified by the Zoning Ordinance is not applicable because the use would function differently
than the generic use type and associated parking standards established by the Zoning
Ordinance, and 2) the Applicant has provided all materials needed to process a Conditional Use
Permit and consider a reduced parking requirement
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H. 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. I Required
Agency Prior to:
PLANNING DIVISION
1. Approval. This Conditional Use Permit approval is for the Avesta PL On-going
Senior Care Facility Project (PLPA-2015-00058) This approval is
for a Parking Reduction for an individual use for a Senior
Apartment/Community Care Facility in accordance with the
Parking Study prepared by Fehr + Peers dated August 31, 2015.
which supported the provision of 40 onsite parking spaces instead
of 86 as required by Chapter 8 76 of the Dublin Municipal Code
2. Effective Date. This Condition Use Permit approval becomes PL On-going
effective after the Community Benefit Agreement associated with
the Avesta Senior Care Facility 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 i
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
orignal hearing body. _
5. Compliance. The Applicant/Property Owner shall operate this use PL On-going
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COA # Condition Text Resp. Required
A.enc Prior to:
in compliance with the Conditions of Approval of this Conditional
Use Permit, the approved plans and the regulations established in
the Zoning Ordinance Any violation of the terms or conditions
specified may be subject to enforcement action
6. 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
subject 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
Development Director, Zoning Administrator. or any other
department, committee, or agency of the City to the extent such I
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 proceedings _
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
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 project
9. Maintenance of spaces. All parking spaces identified on Sheet PL. PW Ongoing
C1 1 of the Project Plans shall be preserved for use by this facility,
which is included as "Exhibit A" to this resolution _
10. Transportation Demand Management Plan. As noted in the
Parking Study prepared by Fehr+Peers, the Project
Applicant/Operator shall provide shuttle service for employees
to/from the West Dublin/Pleasanton BART station, transit
subsidies, and staggered shift changes to reduce the peak parking
demand for the project Size months after the facility is fully
operational, the Project Applicant/Operator shall submit a follow-up
Parking Study to the City with an assessment of the parking
conditions at the project site to ensure that the parking provided is '
adequate to meet the demand without impacting adjacent
properties If parking for the facility is having spillover impacts to
adjacent properties, additional Transportation Demand Strategies
shall be implemented to the satisfaction of the Community
i Development Director
PASSED AND ADOPTED BY the Planning Commission of the City of Dublin, on this 22nd
day of March 2016 by the following votes.
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