Loading...
HomeMy WebLinkAboutPC Reso 16-03 Avesta Sr CUP Parking Reduction RESOLUTION NO. 16-03 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 (dated August 31, 2015 and incorporated herein by reference) 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 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 2 of 6 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 3 of 6 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. Required _ A. : 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 Munici.al Code 2. Effective Date. This Condition Use Permit approval becomes PL On-going I 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 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 ori.mal hearing body _ 5. Compliance. The Applicant/Property Owner shall operate this use PL On-going 4 of 6 COA # Condition Text Resp. Required Agency 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 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 coo•eration 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 I Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the I 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 im•rovements 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 Six 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 Develo ment Director PASSED AND ADOPTED BY the Planning Commission of the City of Dublin, on this 22nd day of March 2016 by the following votes 5 of 6 AYES: Mittan, Kohli, Bhuthimethee NOES: Do, Goel ABSENT: ABSTAIN: Pla Commission Chair ATTEST:Coin Coin un evelopment Director G IPA120151PLPA-2015-00056 Awsla Senior Living SDR-CUPIPC 03222015Wtt vx-Reso CUP parAing clocx 6 of 6 ° I 0 I m 1 > 99 4 f _ p - £J MZMI- Fm — t. I 0 SS S es A MK= np 1 Ar F sir 0 y °zm?,.n r" / CCm OFr> I r> _ p m CzaC m�m nFI / N m 0 mm ycF•L• n�a = I >0 Oma'I ID cm a 11 _ I m z ml I '1 Tie -,5 m % n / 7,,,L, i 1, 1 ? m � // / // �� tF ' _ I ! „' �1 X111 `` - L/ _/—Y,f r/ i� zFC — n / 1 1 k // � S'� s 0 Z I o : �\ eFEm '‘� C. 4° Ez \\ 9c m - ; \ Qyq_04 \\ \ \ > N _ • 4, m 6D, `e� ! �v V, /r- mFm c y m —/ t y p � j / Fs m nF_y �/ - Cyr^ rF Fr= p /� Fm mni o cn mmm p n mFx mm _ yam AD/ F InF 1 zm E o n n 6 t N Z� , ym Lm \ Fl DUBLIN l7i . ASSISTED MING w.¢,w i^` Z 1W1 P1AACOR VALLEY BLVD � a DUBLIN, �B WB _ m 'e- — ©Essential O 9 ,.,T].,s cT IF F' .44 F , , pVERALL SRE wr "Li o..."'' _!.""' „. uw '°� N.,u, wEngineering Services Me eiVL