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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 ON THE NORTH SIDE OF SMITH CANAL AND WEST OF FONTANA AVENUE
recommended action
RECOMMENDATION
Resolution
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.
Ordinance
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.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution and ordinance.
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Summary
The applicant, Smith Canal LLC, et al., proposes to develop an assisted living and memory care facility at an approximate 4.3-acre site east of the intersection of Fullerton Avenue and Canal Drive (Attachment A - Location Map and Aerial Photography). The 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.
On May 24, 2018, the Planning Commission adopted (7-0) approval recommendations for all requested actions. 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. 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 flood protection regulations, both of the proposed buildings will use the first floor for parking and all living space on the second floor. Twelve neighborhood residents attended a community meeting hosted by the applicant, and most supported the proposed development because it would improve the appearance of the property and reduce public nuisances on the site. Two area residents raised concerns regarding increased traffic on local streets and construction noise from the development. The Planning Commission recommendation included a condition that a secondary access be used by employees and for deliveries to address neighbor concerns about potential traffic impacts.
Since the Planning Commission hearing, the applicant discovered that the access easement across the Safeway Parcel was no longer present, and the secondary access could not be utilized. Neighborhood concern about potential traffic impacts to local streets has grown. This public hearing has been continued twice previously: once on July 17, 2018 at the request of an abutting property owner, and once on August 21, 2018 at the request of the applicant. The continuance was provided time to resolve concerns with the project.
The project can be approved without the secondary access conditioned by the Planning Commission. Development of the vacant site will result in an increase in vehicular trips on neighborhood streets. The project is estimated to result in an overall increase of 6 trips per day during peak hours (i.e., 7am to 9 AM; 4pm to 6 PM) compared to single-family homes, which are a by-right use at this site. Staff recommends approval of this infill project as it reduces blight, provides a needed service (assisted living and memory care) and is a feasible project considering SB5 requirements. As a result, staff forwards the Planning Commision’s recommendation to the Council, as amended to delete the secondary access condition, to approve the requested actions.
DISCUSSION
Background
The subject property was subdivided into 14 residential lots (TM042-04) and a private roadway lot. A final subdivision map for the 14 residential lots was recorded in 2005. Street improvements were installed 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 which would require the first floor of each individual single-family home to be elevated to a height of approximately 14.5 foot. The applicant for the present project proposes utilizing some of the infrastructure installed for the residential subdivision (e.g., road, water, sewer) and developing an assisted living and memory care facility that can more easily meet the new flood regulations by using the first floor for parking and placing all living spaces on the second floor. Access to all living spaces will be provided by internal elevators. Additionally, stairways will be installed adjacent to elevators in the building for emergency purposes.
The subject site is bounded to the:
• north by a church zoned CG, Commercial-General;
• northeast by a supermarket (Safeway) zoned CG;
• east by an existing apartment complex zoned RH;
• south 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.
SMC section 16.64.040, Table 3-9, provides the Off-street Parking and Loading Standards for Residential Care Facilities, which call for one parking space per 5 occupant beds and one space per 10 beds for guest parking (visitors). Table 3-9 contains the minimum standards, but additional spaces may be required through discretionary permits pursuant to SMC 16.64.040(I).
As explained above, the proposed facility has a combined total of 70 occupant beds which equates to a 30- parking space requirement. However, in response to resident concerns, the project will provide more than the minimum number of spaces with a total of 123 off-street parking spaces on the first floor broken down as follows: 30 spaces for occupants, 35 spaces for staff/visiting staff, 55 spaces for guests/visitors, and 3 facility van parking spaces.
Primary access to the project site is from a main entry at the eastern end of Canal Drive. A secondary access was originally contemplated on the project site plan via an anticipated easement from the Safeway shopping center parcel to the north; however, the applicant discovered late in the process via Deed search, that an access easement over the Safeway parcel was no longer applicable. As a result, Canal Drive is now the only access to the site. The applicant revised the site plan to remove the secondary access across the Safeway Parcel (Attachment C - Revised Site Plan).
Access to the facility is provided by Canal Drive with connections to Country Club Drive via Oregon Avenue, Fullerton Avenue, and Gardena Avenue. To date, staff has received comments from 10 neighbors expressing their concern about traffic impacts to local streets in the residential neighborhood (Attachment D - Concerned Letters/Emails from Residents).
The Project’s Initial Study/Proposed Mitigated Negative Declaration assumed all vehicle trips would use the main entry at Canal Drive. Based on the Institute of Transportation Engineers (ITE) trip generation manual, traffic generated by the project would amount to approximately 20 trips during the peak hour of the weekdays. The 20 peak hour vehicle trips that could be generated by the project would be in place of the 14 peak hour trips that would have been generated by the prior approved residential development that this project replaces. As assessed in the project’s IS/MND, anticipated vehicle trips, even though greater than possible single-family uses, the 6 additional trips over peak hours (i.e., 7am to 9 AM; 4pm to 6 PM) would not result in a significant traffic impact under the California Environmental Quality Act (CEQA). This topic is discussed further under the public comment heading below.
Since the Planning Commission decision, neighborhood concern about potential traffic impacts to local streets has grown. Development of the vacant site will result in an increase in vehicular trips on neighborhood streets. Staff recognizes the neighborhood concerns of traffic and access from the development of this project. Staff recommended approval of this project as it reduces blight, provides for infill development, provides a needed service (assisted living and memory care) and is more feasibly attained project in light of SB5 requirements.
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 proposes to consolidate these parcels into one parcel for the development of the residential care facility in the existing residential area to meet the needs of senior citizens.
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 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.
Additionally, an Addendum to the Initial Study/Mitigated Negative Declaration has been prepared to address elimination of the secondary access roadway. As demonstrated by the Addendum (Exhibit 1 to the Resolution), the change to the project would not involve the potential for new or more severe environmental effects than were addressed in the Final IS/MND, nor are any changes to mitigation required.
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 E - 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 concerns regarding increased traffic impact to local streets by the development of the subject project. The applicant responded to these concerns by explaining that the project site would have secondary access on the east side of the memory care building, and that facility employees and delivery trucks would utilize this access entering and exiting the site.
However, as discussed above, after the April 2018 community meeting and Planning Commission hearing, the applicant discovered via Deed search, that a deed recorded on April 7, 2000 (Instrument No. 00038562), conveying Right-of-Way and establishing an easement for secondary access across the Safeway Parcel, was no longer possible. Staff contacted the concerned neighbors and Safeway representative by phone call or email to share new information about the amended site plan eliminating secondary access for the project site.
The applicant scheduled a second neighborhood meeting held on September 5, 2018. Staff will provide a verbal report of that meeting to the Council when this item is heard on September 18, 2018 (Attachment F - Second Neighborhood Meeting Notice/Support Letters).
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 a 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. According to a traffic analysis for the site, traffic trips generated from the facility will not result in any significant impact to local streets. The applicant’s representative also noted that construction noise would be a mitigated, temporary impact of the development.
The Planning Commission recommendation included a condition that a secondary access be used by employees and for deliveries to address neighbor concerns about potential traffic impacts. The condition was imposed on Design Review (Condition No. 2) in the Planning Commission Resolution. 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 G - Planning Commission Resolution).
Recently, the applicant determined that secondary access across the Safeway Parcel is no longer feasible. Therefore, the Resolution presented to City Council for approval eliminates the referenced condition. Access to the facility will be provided exclusively by Via Milano Way connecting to Canal Drive on the west side of the property.
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 - Revised Site Plan
Attachment D - Concerned Correspondence from Residents
Attachment E - Community Meeting Notice
Attachment F - Second Neighborhood Meeting Notice/Support Letters
Attachment G - Planning Commission Resolution