HomeMy WebLinkAboutPC Reso 16-02 Avesta Sr CUP Comm Care Facility RESOLUTION NO. 16-02
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
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,
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, 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 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
_ original hearin• body
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 Resp. Required
Agency Prior to:
Use 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
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 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
im•rovements or mitigations resulting from impacts to this project
PASSED AND ADOPTED BY the Planning Commission of the City of Dublin, on this 22nd
day of March 2016 by the following votes.
AYES: Mittan, Kohli, Bhuthimethee
NOES: Do, Goel
ABSENT:
ABSTAIN: r ---
Planning Commission Chair
ATTEST:
q
si1
Ast C! y Development Director
G IPA120151PLPA-2015-00056 Avesta Senior Living SDR-CUP PC 03 22 20161Att n-Peso CUP Comm Care Faatty docr
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• �VESTA
Proposed Project at 7601 Amador Valley Boulevard
Dublin, California
At eels Des clopment Group TLC proposes to construct a four-story project (the "Project"),
consisting of senior residences and memory care residences, at the norhw est corner of the
intersection of Amador Valley 13nule%and and Donohue Den e. !he Project would consist of
35 senior residences with "a la carte" assistance, 1 3 high acuity "assisted living" residences,
plus 32 "memory care" residences The characteristics of each of these types of uses are
further described below
Senior Residences with A La Carte Assistance: Each senior residence would
constitute an mdn(dual "dwelling unit" as defined in Section 8 08.(120 of the Dublin
Zoning Code Specifically, each residence would constitute mdn idual In log
quarters that include areas for living, eating, and sleeping, plus a kitchen and at least
one bathroom. The residences would be "high end," with top-quality fixtures and
surfaces, and designed to appeal to sophisticated and discerning individuals.
The occupants of the residences would he offered a menu of services as part of their
monthly rent such as meals, housekeeping, laundry, transportation, social and
i ct rea0onal acts itics as we:I as ohsen anon of the resident for changes in condition.
Residents will also he Mk-red personal care services such as assistance with
dressing, bathing, grooming, toileung and medication management on an as-needed,
a la carte basis From a practical perspeLtne, the senior residences within the
Proicct would function in tsactly the same manner as residences within any other
multi-family building, with additional support Ihr the occupants on an "as-needed"
basis
High Acuitl, Assisted Living Residences: The 13 residence wing on the third floor
will he designed to house high acuity, nun-mmniory tare assisted living
residents Because of their secure location on the third Floor as well as close
prownity to the mat on t\ of the other senior units. where employees are aethely
present, as ell as the outdoor patio, these residences are particularly suitable for
assisted tin ing residents with high acuity needs. It Is anticipated that these residents
may require assistance with Rein vies of daily Irving such as ambulation. todetmg,
bathing, dressing and grooming
Becalinc a.snted In ing sets ices w ould h,oillered by the operaint of the Community aid.n ailahlc to all
residents on an as needed basis,C'aldoniia law, requires that the entire Project he lit erred as assisted living
resident es 1 under the resi dcnti,il tare Ludlow. for die t lderly autute--Health and Snicty Code See lion 150 et
seq lb) the Calilurnia Department of Sac'd yen Ices("USS''),w heiher or not the setsices are actually utilized
ht oath mdn id sea resident.
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EXHIBIT A TO
ATTACHMENT 2
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Memory' Care Residences: The memory care residences would he and n'dual
private or shared residences that would house seniors who have been diagnosed with
Alzheimer's or sonic other form of memory impairment. Consistent with the
definition of"dwelling unit" in the Zoning Code, each residence would include areas
for tin mg, eating, and sleeting, at least one bathroom and may or may not include a
kitchen (without cooking facilities). Memory Care Residents would be offered
meals, housekeeping, laundry., transportation, social and recreational activities as
part of their monthly rent as well as assistance wuh services such as dressing,
bathing, grooming, tofeting and medication management as needed. Memory Cate
residents would also recent specialized persona] care tailored to people with
memory impairments provided by trained staff members.
fhc current floor plans that are submitted as part of the Project's entitle nent application are
conceptual only, for illustrate e purposes and are subject to change. however, the number of
suites and exterior dimensions of the budding will not be altered substantially. The floor
plans. amenities inside the units as well as common areas will he further den eloped and arc
subject to change prior to submittal for building permits.
The Project site is located on the northwest comer of Amador Valley Boulevard and
Donohue Drive in Dublin, California. In addition, the Alamdea County Fire Station lb as
well as a residential community are located adjacent to the project sue. Currently the
property is developed w ith a single story, vacant commercial building and associated
parking The site is approximately one acre and the topography is generally Ilat. The
existing landscape consists of lawn and a hedge running along Amador Valley Boulelard,
and miscellaneous trees and shrubs !here are no significant or protected plant species on
the deNelnpment site
The property is ideally located in downtown Dublin across the street from Dublin's Senior
Center as well as in close proximity to many shops and restaurants, which makes It a
w alkahle location that is con ement both for the residents as well as visitors and employ,cgs
the Pi eject is expected to add significant value to the Community Currently there are no
h II service senior living communities that exist in Dublin. 'ihe Project will pros ide a much
needed. high quality and culturally enriched living environment for aging residents who are
in need of care and personal ass stance. enahling them to age in place with dignity The
Project will be operated N hours a day and 7 days a week and is expected to generate
approximately 60 to 70 full time equivalent employ neon opportunities
The Proj CLt is expected to hase no or %cry minimum negative impacts on the surrounding
neighborhood Due to the fact that most of the senior residents will not din e vehicles and
most employees will he encouraged to use public transportation, the project is anticipated to
generate a minimum amount of traffic. In addition, due to the special use of the Project as
residences lot seniors, the Protect will not generate am noise or disturbance in the
neighborhood It is anticipated that there may he some noise disturbance during the
construction period; how es er, due to the P'eject location wuh three street frontages acting
Ila" yam. Rd Sol not. , l 1 Leal n
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• /_../VESTA
as noise buffers, the noise disturbance on the residential neighborhood is anticipated to he
minimum In addition, various noise reduction techniques will be employed to mitigate any
potential noise generated from the construction construction activitms such as: limited
construction hums based on the City of Dublin code, use of quiet equipment, and several
other available techniques Furthermore. there will he low construction traffic impact on
residential neighborhood due to the existence of sea end points of access to the site and
therefore the ability to avoid the use of residential streets
the pi oposed building will he tour stories and is designed in a contemporary urban style
complementing the surrounding area. Utilizing multiple finish materials, colors and facade
articulation to create texture, break up of building masses, and provide visual interest A
blend of flat and shed roof Imes pros ide clean lines and a modern sophistication The
surrounding area is developed with a mix of commercial, residential, and service related
uses A broad spectrum of building types and ai chitechnal styles c.irrently exists. The
architectural approach as well as the use of the property allows the Project to work with the
surrounding neighborhood in a complimentary and eohesne manner.
The budding is prominently sited along Amador Valle) Boulevard and Donohue Dane
street Fronts Parking for the proposed development is provided behind the building The
proposed budding is sited at the opposite side cif the site from the neighboring residential
community in order to minimize any potential proximity impacts. Vehicular access to the
site is provided with an entry point Roth a legal right turn on Stuns and Dr. and an exit with a
legal right turn to Donohue Dr The budding entrances are located on Amador Valley Blvd
as well as a second point of entrance lrnm the parking area located north of the proposed
building on site
Landscape design follows the buildings contemporary style and utilizes plant materials that
are v+ater efficient and are natn e to the reg inn Incorporated ssithin the landscape at
Amador Valley and Donohue is a large art plant It will t mature a regionally created art
piece that will showcase this gateway dex elnpment.
Hie ['waled is not located on a hazardous a aste and substances site (pursuant to
Government Code Section 65962 5
We look forward to concurrence by City staff that the proposed uses are consistent vwth the
requirements and policies of the Dins ntown Dublin Specific Plan, Zoning Code, and other
regulatory documents and to the City Planning Commission and C'ouncil's s ote of approval
of the Project.
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