title
REQUEST 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 ASSISTED LIVING AND MEMORY CARE FACILITY LOCATED ON THE NORTH SIDE OF SMITH CANAL AND WEST OF FONTANA AVENUE
recommended action
RECOMMENDATION
It is recommended that the City Council adopt a Resolution to:
1. Adopt an Initial Study/Proposed Mitigated Negative Declaration for the Tuscany Cove Assisted Living and Memory Care Project (P17-0758);
2. Approve a General Plan Amendment of the site from Low-Density Residential to High-Density Residential designation; and
3. Approve the Design Review for the project to ensure compliance with all applicable provisions of the Citywide Design Review Guidelines.
It is also recommended that the City Council adopt an Ordinance to rezone a 4.3-acres site from RL, Residential, Low-Density to RH, Residential, High-Density.
body
Summary
The applicant, Smith Canal LLC, et al., proposes 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 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 of the site from Low-Density Residential to High-Density Residential, Rezoning of the subject site from RL (Residential, Low-Density) to RH (Residential, High-Density), 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 Central Valley Flood Protection Act of 2008 (Chp. 364, Stats. 2007), commonly referred to as SB 5. To comply with the new flood protection regulations, the applicant 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.
The Planning Commission held a public hearing on May 24, 2018. The Commission forwarded, by Resolution, a recommendation to the City Council to adopt a Resolution for the Initial Study with Proposed Mitigated Negative Declaration for the Tuscany Cove Assisted Living and Memory Care Project, approve the proposed General Plan Amendment, and Design Review, and adopt an Ordinance approving Rezoning of the 4.3 acres from RL to RM, in accordance with the Findings of Decisions in the Resolution for the subject project.
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 (Attachment A - Location Map and Aerial Photography).
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 Central Valley Flood Protection Act of 2008 (Chp. 364, Stats. 2007), commonly referred to as SB 5 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.
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 ten employees each during the day and night shifts. Both uses will be state-licensed and will be staffed 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 as 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 the main entry at the western end of Via Milano Way. 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.
To develop the project, the City Council is asked to consider adopting the Initial Study/Proposed Mitigated Negative Declaration for the Tuscany Cove Assisted Living and Memory Care Project, and approve a General Plan Amendment, Rezoning and Design Review as detailed below:
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 Element, 3.4 Residential Development, Land Use Goal, LU-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-2.2, Mixed-Use Development - The City shall encourage the development of mixed-use residential-office and residential-retail projects. 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 residential care facility in the existing residential area 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 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 was 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 as 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 to the Resolution (Final Initial Study/Mitigated Negative Declaration and CEQA Findings and Mitigation Monitoring/Reporting Program).
Pursuant to Section 15074 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 of 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 the 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 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.
Planning Commission Review
On May 24, 2018, a public hearing was held before the Planning Commission. The applicant spoke in support of the project and stated that he would partner with developer to construct the facility. The applicant stated that the facility would provide good job opportunities for the citizens and offer various amenities, including exercise rooms, a theater, and library for residents of the facility. Two area residents raised their concerns regarding increasing traffic trips to the local streets and construction noise from the development. The project’s environmental consultant responded to the residents. He stated that the site was previously-approved for the development of fourteen (14) single-family homes. The fourteen homes would generate 140 traffic trips per day. The congregate care facility would generate 170 traffic trips per day. Even though the traffic trips from the noted facility were 30 trips more per day, the development would not contribute any significant traffic impacts to the local streets. Secondary access would be provided and located on the east side of the memory care building. Facility employees and delivery trucks will utilize the secondary access. The applicant’s representative noted that construction noise would be a mitigated, temporary impact of the development.
Following the public testimony, the Planning Commission voted 7-0 to adopt the Resolution and forward a recommendation to the City Council to adopt a Resolution adopting the Initial Study with Proposed Mitigated Negative Declaration for the Tuscany Cove Assisted Living and Memory Care Project, approve the proposed General Plan Amendment, and Design Review, and adopt an Ordinance approving Rezoning from RL to RH, in accordance with the Findings of Decisions in the Resolution for the subject project (Attachment E - Planning Commission Resolution).
FINANCIAL SUMMARY
Per Council direction, a policy to establish a citywide services and maintenance Community Facility District (CFD) is being developed. The purpose of the CFD is to offset the net cost of providing services to new residential developments. However, the proposed facility is an infill development project in an area with existing infrastructure and services are provided in the surrounding area. Furthermore, the proposed facility will offer assisted living services to residents and offers employment opportunities in Stockton. Therefore, a requirement to participate in the future CFD was not negotiated for the following reasons:
1. The assisted living and memory care facility is a business 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 assistance, non-medical personal care, and hospitality services.
2. The business will hire licensed medical professionals and support staff to operate the 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.
3. 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.
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.
There is no financial impact to general funds based on this action.
Attachment A - Location Map and Aerial Photograph
Attachment B - 200-year Flood Protection Analysis
Attachment C - Site Plan
Attachment D - Community Meeting Notice
Attachment E - Planning Commission Resolution