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RECOMMENDATION TO COUNCIL FOR ADOPTION OF AN INITIAL STUDY/PROPOSED MITIGATED NEGATIVE DECLARATION AND APPROVAL OF GENERAL PLAN AMENDMENT, REZONING AND DESIGN REVIEW FOR THE DEVELOPMENT OF THE PROPOSED TUSCANY COVE ASSISTED LIVING AND MEMORY CARE FACILITY LOCATED ON THE NORTH SIDE OF SMITH CANAL AND WEST OF FONTANA AVENUE (17-0758)
recommended action
RECOMMENDATION
Staff recommends that the Planning Commission adopt a Resolution forwarding a recommendation to the City Council to:
1. Adopt Initial Study/Proposed Mitigated Negative Declaration for the Tuscany Cove Assisted Living and Memory Care Project;
2. Approve a General Plan Amendment of the site from Low-Density Residential to High-Density Residential;
3. Approve Rezone of the subject site from RL, Residential, Low-Density to RH, Residential, High-Density; and
4. Approve the Design Review for the project to ensure compliance with all applicable provisions of the Citywide Design Review Guidelines.
Approval of the noted applications will allow the development of an assisted living and memory care facility on the north side of Smith Canal and west of Fontana Avenue, in accordance with the findings of fact detailed herein.
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Summary
The applicant, Smith Canal LLC, et al., is proposing to develop an assisted living and memory care facility located at the above-noted location. The 4.3-acre site is designated Low-Density Residential on the General Plan Map and is zoned RL (Residential, Low-Density). In accordance with Stockton Municipal Code (SMC) Section 16.20.020, Table 2-2, Allowable Land Uses and Permit Requirements, assisted living facilities are permitted as a by-right land use in the RH (Residential, High-Density) zone. To develop the subject facility, the applicant submitted the following applications: General Plan Amendment, Rezoning, and Design Review with an Initial Study/Proposed Mitigated Negative Declaration.
The subject site is located within a 200-year floodplain designated under the provisions of the State of California Central Valley Flood Protection Act of 2007(SB 5), Chp. 364, Stats 2007. To comply with the new flood protection regulations, the applicant has incorporated 200-year flood protection in the building design. The project consists of two buildings, each of which will have two stories. Both buildings will meet flood regulations by using the first floor for a parking garage and placing all living space on the second floor, in accordance with the SB 5 200-year flood protection requirements.
Based on the above, staff recommends that the Planning Commission forward, by Resolution, a recommendation to the City Council to adopt the Initial Study with Proposed Mitigated Negative Declaration and approve the proposed General Plan Amendment, Rezone, and Design Review, in accordance with the recommended findings.
DISCUSSION
Background
The subject property was subdivided into 14 residential lots and a private roadway lot. Street improvements were installed by the developer in 2007. However, before any homes were constructed, the State of California Central Valley Flood Protection Act of 2007 (SB 5) was passed and became law. This property is now subject to the SB 5 200-year flood protection requirements and it is no longer feasible to construct single-family homes on the lots. The subject site is bounded to the:
• north by a church zoned CG, Commercial-General;
• east by an existing apartment complex zoned RH;
• east by Smith Canal; and
• west by existing single-family residences (Attachment A - Location Map and Aerial Photography).
Present Situation
A proposed assisted living and memory care facility will be developed on the 4.3-acre site. The facility will consist of two buildings, each of which will have two stories. The assisted living building of approximately 52,398 square feet in floor area will be located on the southeast portion of the site and will accommodate up to 70 beds. The memory care building of approximately 13,593 square feet in floor area will accommodate up to 30 beds. The assisted living and memory care facilities will operate 24-hours a day, seven days a week. Visitors’ hours for each facility will be between 8:00 a.m. and 8:00 p.m., every day. Staffing for the assisted living facility will consist of 15 employees each for the day and night shifts. Memory care staffing will be 10 employees each during the day and night shifts. Both uses will be state- licensed and will be staff with medical professionals licensed to dispense medication.
The 200-year flood elevation at the subject site is approximately 13 feet (Attachment B - 200-year Flood Protection Analysis). The first floor of each building (below the 200-year flood elevation) will be utilized for a parking garage that must be constructed with flood resistant materials. All living spaces will be constructed on the second floor of each building. According to the 200-year Flood Protection Analysis, a proposed finished floor elevation of the second floor will be at a minimum elevation of 14.5 feet for the assisted living facility and at a minimum elevation of 15 feet for the memory care building, which will comply with 200-year flood protection requirements.
Off-street parking will be provided beneath the assisted living and memory care buildings at the rate of one space per 5 occupant beds plus one space per 10 beds for visitors. The proposed uses will be required to have 30 parking spaces. There are 52 parking spaces provided, which exceeds the Development Code requirement. Primary access to the project site will be from a main entry at the western end of Via Milano Way. A secondary access (emergency access) located on the east side of the memory care building will be served by two 30-foot wide non-exclusive access easements off Fontana Avenue and Country Club Boulevard (Attachment C - Site Plan). Both access easements (one on the south side of Safeway building and the other one along the east side of the church property) were recorded in 2001 to provide accesses for the subject site.
Per Council direction, a policy to establish a citywide services and maintenance Community Facility District (CFD) is being developed. However, the subject facility will not be subject to the citywide services CFD for the following reasons:
1. The assisted living and memory care facility is different than the multi-family residential development. The facility falls between an independent living community and a nursing home, in terms of levels of care offered. It will offer 24-hour personal care monitoring and support services like medication administration and hospitality services. The business owner(s) will hire licensed medical professionals and support staff to operate the facility that will be a health-related business and as such operates more as a commercial operation even though the facility is proposed for a high density residential zoning district.
2. The project is an infill development because the subject site is bounded on at least three (3) sides by existing urban uses and abuts a maintained public street on the west side of the property. There are no dedications or improvement for the public-right-way required by the City.
3. All water, sewer, drainage systems were installed at the time that the residential project was developed in the area. Existing utility systems have been extended to the subject site to serve the proposed development.
4. The infill project has a lower level of impact on city services such as fire and police because these services are already being provided within the surrounding service areas.
5 The facility will be a gated community with on-site security guards. The business operator(s) will be responsible for the maintenance of the buildings, landscaping, private roadway and the wall/fence around the peremeter of the facility.
To develop the project, the Planning Commission is asked to adopt a Resolution forwarding a recommendation to the City Council for approval of the following discretionary applications:
Planning Commission Recommendations:
General Plan/Rezoning
The site is designated Low-Density Residential on the General Plan Map and is zoned RL. To develop the assisted living and memory care facility, the subject site requires a General Plan Amendment from Low-Density Residential to High-Density Residential designation and Rezoning from RL to RH zone. The General Plan Amendment maintains consistency with the General Plan goals and policies as follows:
Land Use - 3 - To promote a variety of housing types and densities throughout the City that address the housing needs of various age and socio-economic groups, because the proposed project will be an infill development to provide for senior residents and be compatible with an existing residential neighborhood through design flexibility.
Housing Element, HE-1.3, Parcel Consolidation - The City shall encourage the consolidation of parcels to facilitate more effective multifamily residential development. The subject site has 14 residential lots and one lot for a private roadway. The developer is proposing to consolidate these parcels into one parcel for the development of the subject facility to meet senior citizens’ needs.
The request to Rezone from RL to RH, if approved, will be consistent with the proposed General Plan designation. Further, the RH zone is a logical extension of the existing RH zoning to the east of the site.
Design Review
The City’s Architectural Review Committee (ARC) reviewed proposed elevations, renderings, and materials for the assisted living and memory care facility and found them to be substantially in compliance with applicable provisions of the City’s Design Review Guidelines. Following the ARC’s review of the plans, the Director made recommendations to the Review Authority for approval supported by the findings in the Resolution.
Environmental Review
The City has determined that the project involves the potential for significant, adverse environmental effects, but that these effects could be reduced to a less-than-significant level with recommended mitigation measures. As a result, a public draft Initial Study/Proposed Mitigated Negative Declaration has been prepared for the project, in accordance with State CEQA Guidelines. A “Notice of Intent” to adopt the public draft Initial Study/Proposed Mitigated Negative Declaration was circulated for public review and comment between March 21, 2018, and April 19, 2018. It was filed with the San Joaquin County Clerk’s Office and the Governor’s Office of Planning and Research State Clearinghouse. All the comments that were received during the public review have been responded to in the Final Initial Study/Mitigated Negative Declaration.
After the end of the public draft review period, the project was changed from a 125-bed, two-phase development to a single-phase development with a total of 100 beds. The assisted living facility will accommodate up to 70 beds and the memory care facility will accommodate up to 30 beds. The first floor of each building will be used for a parking garage and all living spaces will be constructed on the second floor to comply with 200-year floor protection requirements. The change has been addressed in Exhibit 1 (Final Initial Study/Mitigated Negative Declaration and CEQA Findings and Mitigation Monitoring/Reporting Program). Pursuant to Section 15070 of the State CEQA Guidelines, the Initial Study with Proposed Mitigated Negative Declaration must be adopted by the decision-making body of the lead agency prior to approval of all discretionary applications for the project. In addition, the “Mitigation Monitoring and Reporting Program” for the project must be adopted to ensure that adequate mitigation measures are implemented as part of the project. The environmental documents, including the public draft Initial Study with Proposed Mitigated Negative Declaration, and the Final Initial Study/Mitigation Negative Declaration with a Mitigation Monitoring Reporting Program for the project have been attached to the Resolution.
Public Comments
On April 11, 2018, the applicant held a community outreach meeting for residents of the surrounding neighborhood to discuss the subject development. Notice for the meeting was provided to all property owners within 300 feet of the project site. The community meeting was held in the Commodore Stockton Skills School at 2725 Michigan Avenue Stockton (Attachment D - Community Meeting Notice). Twelve neighborhood residents, the applicant, and city staff attended the meeting. Most of area residents supported the proposed development, because all existing public nuisances from the subject site would be mitigated by the development and it would improve the appearance of the property. Two area residents raised their concern regarding increasing the traffic impact to local streets by the development of the subject project. The applicant responded to these concerns by explaining that the project site will have a secondary access on the east side of the memory care building. Facility employees and delivery trucks will utilize this access entering and exiting the site. There are no other public comments received as of the drafting of this staff report.
Votes
A vote of a majority, four (4), of the total authorized membership of the Planning Commission is required for the Commission to transact business or decide any matter.
Attachment A - Location Map and Aerial Photograph
Attachment B - 200-year Flood Protection Analysis
Attachment C - Site Plan
Attachment D - Community Meeting Notice
This staff report was prepared by Senior Planner Jenny Liaw; (209) 937-8316; jenny.liaw@stocktonca.gov