Planning Commission
MEETING DATE: 6/21/2017
Title
CASE NO. Conditional Use Permit No. 16-051, Variance No. 17-003
APPLICANT: Prospect Companies, LLC, Aaron Whitfield
LOCATION: 67670 Carey Road (APN: 681-310-007 and -031)
REQUEST: Consider Conditional Use Permit and Variance applications for development of a continuum-of-care senior living facility consisting of 14 memory-care units, 58 assisted-living units and 68 independent living units. The project includes the construction of three new buildings, demolition of one existing building and rehabilitation of the remaining existing buildings on an approximately 4.9-acre site within the Resort Residential (RR) Zoning District and Specific Plan No. 88-30.
End
STAFF PLANNER:
Robert Rodriguez, Planning Manager
RECOMMENDATION:
Recommendation
APPROVE the Mitigated Negative Declaration and Mitigation Monitoring and Reporting (MMRP) Program for the project.
APPROVE Conditional Use Permit No. 16-051 subject to the attached Conditions of Approval and based on the findings contained in the staff report.
APPROVE Variance No. 17-003 subject to the attached Conditions of Approval based on the findings contained in the staff report.
Body
FINDINGS:
APPROVAL of the Mitigated Negative Declaration based on the following findings:
1. The record as a whole, including the initial study and any comments received, demonstrates that there is no substantial evidence that the project will have a significant effect on the environment with the implementation of mitigation measures;
2. The Mitigated Negative Declaration reflects the Lead Agency’s independent judgment and analysis;
3. In accordance with Section 15074, Chapter 3, Title 14, of the California Code of Regulations (State CEQA Guidelines), the Mitigation Monitoring and Reporting Program (MMRP) contained in Chapter 3 of the Draft Initial Study and Mitigated Negative Declaration, dated April 26, 2017, shall serve as the City’s reporting program for monitoring the mitigation measures specified in the Mitigated Negative Declaration; and
4. The Cathedral City Planning Department is the custodian of the documents or other material that constitute the record of proceedings upon which this decision is based.
APPROVAL OF CONDITIONAL USE PERMIT NO. 16-051, subject to the attached conditions of approval, and based on the following findings:
1. The senior living facility, which is located on the north side of Carey Road east of Cree Road in the Resort Residential (RR) District, is authorized as a conditional use pursuant to the City of Cathedral City Zoning Ordinance, Chapter 9.72;
2. The senior living facility is a desirable development for the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the RR District;
3. The site is adequate in size and shape to accommodate the senior living facility and all of the yards, setbacks and walls or fences, and landscaping or other features with approval of the variance and subject to the attached conditions of approval;
4. The site for the senior living facility relates properly to Carey Road, which is designed and improved to carry the type and quantity of traffic generated or to be generated by the senior living facility. Additionally, the City Engineer has reviewed the proposed project and determined that there will be no negative impact to the existing traffic and streets; and
5. The applicant agrees to comply with any and all of the conditions imposed by the Planning Commission or be subject to a revocation hearing.
APPROVAL OF VARIANCE NO. 17-003, subject to the attached conditions of approval, and based on the following findings:
1. The granting of the variance will not be materially detrimental to other properties in the area or the permitted uses;
2. There are exceptional circumstances applicable to the project that do not apply to other properties in the area in the same zone or vicinity;
3. The strict application of the zoning code deprives such property of the privileges enjoyed by other properties in the vicinity or in the same zone. Due to the existence of on-site buildings that are to be preserved and lot shape, the project would not be able to accommodate the required setbacks of the RR District and the building design is such that additional building height will allow for the project to accommodate and reflect the style of the existing buildings;
4. The granting of the variance does not constitute a special privilege inconsistent with the limitations on other properties in the vicinity or zone in which the property is located, in that the property has limitations consisting of existing buildings that inhibit the development of the property that does not exist on surrounding properties; and
5. The granting of the variance is compatible with the objectives, policies, general land uses and programs specified in the general plan. The project is consistent with the General Plan RR land use in that it will provide a master planned community with recreational amenities for the residents. The project is consistent with General Plan Policy 2 in the Land Use Element that encourage in-fill development where there is existing infrastructure.
BACKGROUND/PROJECT SUMMARY:
The Applicant (Aaron Whitfield representing Prospect Companies, LLC) submitted a Conditional Use Permit application on October 15, 2016 and a Variance application on February 23, 2017 for the development of a continuum-of-care senior living facility within the Resort Residential (RR) Zoning District. This type of project requires approval of a Conditional Use Permit and the Planning Commission will take final action. A variance is being requested to allow a reduction in the front yard setback, unit size and additional building height above that permitted in the RR District. Pursuant to Zoning Code Section 9.58.040, the project also requires that the Planning Commission approve the required number of parking spaces for the senior living facility, which is not specifically mentioned in the code.
The 4.9-acre project site is located on the north side of Carey Road east of Cree Road and consists of two separate parcels of approximately 2.47 and 2.37 acres. On the easterly parcel, there are seven existing buildings that were part of the former resort hotel (The Villa Resort). The site has been vacant for several years and many of the structures’ interiors have been demolished and exterior features such as doors and windows removed. Five of the existing buildings (the bungalows) will be renovated and the center kitchen building, which is partially adobe, will remain untouched apart from the interior improvements and seismic retrofits required by the Building Code. The building located in the southeast corner of the site will be demolished. The westerly parcel is largely vacant apart from parking areas used by the former resort which will be removed as part of this project.
The applicant is proposing to develop the property with a continuum-of-care senior living facility consisting of 14 memory-care units, 58 assisted-living units and 68 independent living units. The project will include the construction of three new buildings, demolition of one existing building, and rehabilitation of the remaining existing buildings.
The independent-living units will be housed in the five existing bungalow buildings and a new two-story building on the eastern parcel. The five existing bungalows will be renovated to include eight independent living units each. A new two-story (Building 1), 15,444 square-foot building will be constructed along the south and east property lines in an L-shaped configuration. The central kitchen building (Building 7) will serve meals to the residents of the property. However, all the independent living units will have small kitchen areas. Common amenities including laundry facilities will be in Building 1. Outdoor recreational amenities including a swimming pool area and putting green will be located on this parcel but will be available to all residents of the facility.
The memory care and assisted-living units will be located on the western parcel. The 14 memory-care units will be housed in a single-story, 4,752 square-foot building (Building 9) located at the rear of the property and will have a separate outdoor area located behind the building. The 58 assisted-living units will be housed within a two-story, 30,738 square-foot building (Building 8) at the front of the property and will have indoor recreation, administration, and dining areas. The building will be built around a central open courtyard with a fireplace, water feature, walkways and seating areas.
The applicant is proposing to construct the facility in two phases. Phase one will include the eastern parcel and independent living units. The on-site and off-site improvements for this parcel including parking areas, landscaping and drainage facilities will be constructed in the first phase. The operation of the independent living units will start prior to construction of phase two. Phase two will involve construction of the assisted living and memory care unit buildings and site improvements for the western parcel.
Site Plan, Architecture and Landscaping
The site is rectangular shaped with street frontage only on Carey Road, and is bounded by King’s School and a single-family residence to the north, two single-family residences to the east, vacant land and a new residential development (The District) to the south, and a residential complex to the west that is located within the City of Palm Springs. The site will remain as two parcels after development. The current property owner has requested a lot line adjustment for the northwest corner of the site, retaining a portion of land for future use.
The site will feature two access points from Carey Road. The primary entrance will be in the middle of the site, between the two parcels, and a secondary entrance along the west side of the project. The primary entrance will feature a paved circular driveway leading to the main parking area within the site, behind a sliding gate, and the parking area along Carey Road. A loading zone will be provided within the circular driveway that will service both sides of the project.
The secondary entrance, which leads to an additional parking area, will have a swinging gate. This entrance will also lead to the portion of property that will be retained by the current property owner. In this area, the applicant will grant the owner an easement through the site so that access is maintained in perpetuity. A block wall and gate will be constructed, physically separating the area from the facility and residents.
The new buildings will feature a mid-century modern architecture characterized by flat planes, overhangs, large glass windows and inverted metal roofs. The primary building siding will be sand textured stucco, in a light beige color, contrasted by brown hardy board siding, with complementing accent and trim colors. The landscaping will be a desertscape palette utilizing a mixture of trees, shrubs and accent plants throughout the site. A fair amount of lawn will be used for retention and common open space areas for residents.
The Architectural Review Subcommittee reviewed the project on June 7, 2017 and recommended approval of the project with a comment from the landscape architect recommending that the applicant reconsider the type and location of trees, specifically those immediately adjacent to buildings. The applicant is working with his landscape architect and will provide the revisions with the final landscape plans, which will be reviewed by staff and Subcommittee landscape architect.
ANALYSIS:
General Plan Consistency
The project site is designated RR (Resort Residential) on the General Plan land use map. The proposed senior living facility is consistent with the RR designation which is intended for residential uses in master-planned resort settings, tourist/resort-serving commercial, and hotels and motels. The proposed use is a master-planned facility with extensive recreational amenities to be provided on the project site for use by the residents of the facility.
The project is also consistent with the following General Plan goals and policy contained in the Land Use Element:
Goal 2: Residential developments of distinctive character that provide a full range of housing types, products and costs to accommodate the needs of existing and future residents of the community.
Policy 2: Infill development shall be encouraged on partially built-out subdivided lands, where major investments in streets and infrastructure have already been made, while ensuring the maintenance of the integrity of the neighborhood.
Zoning Consistency
The proposed project is a conditional use in the RR (Resort Residential) Zoning District, which permits multiple-family residential and supportive housing with approval of a Conditional Use Permit (CUP). The senior living facility is similar to supportive housing in that it will provide supportive services to the residents and will allow them to improve their health and maximize their ability to live in the community.
The project will provide a range of housing to meet the needs of seniors, which include independent living, assisted living, and memory care. Each type of care will be housed in different buildings and provide recreational amenities based on the type of care provided.
Buildings 1-6, and 10 will house the independent living units and will be located on Parcel 1 (easterly parcel). The independent living facility will have recreational amenities on Parcel 1 that include:
• A central swimming pool and spa area
• Putting green
• Lawn areas
• Bocce ball court
• Pet exercise area
Kitchen and dining areas will be in Building 7 and all meals will be provided to the residents in the inside and outside dining areas. The independent living units will have small kitchens that may be used for light meals. Each unit will have an attached patio or balcony. Laundry facilities will be provided for the residents in a laundry room on the first floor of Building 1. Building 1 will also house a multi-purpose room, beauty salon, and yoga room.
Building 8 will be located on Parcel 2 (westerly parcel) and will house all the assisted-living units. All units will have small patios or balconies attached to them. The building will be constructed around an open interior courtyard that will provide a water feature and fireplace along with an open lawn area. Building 8 will also contain a kitchen and dining area for the residents’ meals as well as a game room, lounge, beauty shop, library and multi-purpose room. The facility will be staffed to assist residents in daily living activities, but no medical care will be provided.
Building 9 will also be located on Parcel 2 and house the memory care units. The building will also provide dining and kitchen areas and an activity room. The unit will have trained staff on-site to assist the residents with daily living chores and activities. A small outdoor recreation area will be provided at the rear of the building.
The project is consistent with the RR development standards as shown in the following table:
RR Development Standards and Parking Code Requirements
|
Standard |
Requirement |
Consistency |
|
Site Coverage |
40% |
Parcel 1 - 23% Parcel 2 - 30.6% |
|
Minimum/Maximum Building Height |
26’ |
29.5’ Buildings 1 and 8 - Variance requested All other buildings are consistent |
|
Setbacks |
0’ front, rear and side 10’ from public right-of-way |
Yes Variance requested for Building 1 for 5’ setbacks from Carey Road All other buildings are consistent. |
|
Dwelling Unit Size |
Studio 700 sf 1 bedroom unit 825 sf 2 bedroom unit 950 sf |
Variance requested |
|
Minimum Lot Area |
2.5 acres |
5 acres - Yes |
|
Open Space |
56,000 sf total for both parcels |
58,826 sf for both parcels* |
|
Minimum Space Between Buildings |
10’ |
Yes |
|
Minimum Parking Setback from 10’ from public right-of-way |
0’ for Building 8 Buildings 1-7 and 9 |
Variance requested Yes. |
|
Parking |
Use is not specifically listed in Off-Street Parking (Section 9.58.020). |
See parking analysis. |
*The open space recreational areas will be shared by all residents of the senior living facility.
Variance
A variance has been requested by the applicant for relief from the following development standards:
1) Minimum 10-foot setback from right-of-way for Building 1
2) Maximum 26’ height for Buildings 1 and 8
3) Minimum unit size for all units
4) Parking setback for Building 8
Variance 1 - Each unit of Building 1, which is located along Carey Road, has a patio or balcony facing the street. The patios and balconies will be a minimum of five feet from the front property line/right-of-way. The building itself will be 10 feet back, in compliance with the setback requirement. The patios and balconies will be located behind a proposed four-foot high block wall, inaccessible to the public.
Variance 2 - Buildings 1 and 8 will have features exceeding the 26-foot height limit but no greater than 30 feet. The increase height is necessary to accommodate roof lines consistent with the architectural style of the project and two-story elevator access.
Variance 3 - The dwelling unit size proposed for the facility will be less than the 700-square foot required by the RR District but is consistent with similar facilities providing the type of care and services proposed at this facility.
Variance 4 - The parking proposed along Carey Road, in front of Building 8, will be encroaching into the right-of-way. The design has been reviewed and approved by the City Engineer and an encroachment permit will be required prior to construction.
Parking Analysis
Section 9.58.040 of the Municipal Code allows the Planning Commission to establish parking requirements for uses not specifically mentioned in the section such as a continuum-of-care senior living facility. The section also does not mention stand-alone facilities for assisted living, independent living or memory care. The only uses that may be considered similar are institutions such as hospitals, medical clinics and convalescent care facilities but these do not accurately reflect the services or staffing of this facility.
A parking study was prepared and analysis conducted to determine the parking demand for the facility. The analysis utilized two different approaches. The first approach used the peak parking demand rates from the ITE Parking Generation Manual and resulted in a peak parking demand of 61 spaces. Staff requested a more conservative approach, which used a project size of 188 beds and peak parking demand ratios of 0.45 and 0.41 parking spaces per bed. The result was a peak parking demand of 80.3 spaces. The project is providing 79 parking spaces. The City Engineer reviewed the parking study and project and determined that the 79 spaces would be sufficient.
Specific Plan Consistency
The project is located within the boundaries of Specific Plan No. 88-30, which covers the areas west and north of Target to Cree Road and Bolero Road. The Specific Plan was adopted in 1988 to facilitate the comprehensive development of the site, to assure the development of a public road system and adequate public facilities, and capitalize on the existing attributes of the site, in particular the existing date groves.
The site has undergone many changes in the intervening 29 years including the rezoning of the area and loss of the date groves. As such, the only remaining relevant items of the Specific Plan for current and future development is those pertaining to development standards for roadways and public utilities. The project has proposed, and will be conditioned, to provide the required right-of-way dedications and public improvements such as streets, curbs, gutter, sidewalk and drainage facilities. Also, the site will be required to connect to the public sewer system. Therefore, the site is consistent with the Specific Plan.
ENVIRONMENTAL ANALYSIS:
An Initial Study and Mitigated Negative Declaration (IS/MND) were prepared by City Staff. Special studies including air quality, traffic, cultural resources, visual impact, and geotechnical were prepared by outside consultants for the IS/MND. The IS/MND includes mitigation measures that address the following areas: air quality, biology, cultural resources, geology, hazards and hazardous materials, hydrology and water quality, and noise. The mitigation measures are as follows:
BIO-1 Before issuance of any building permit for the project, a pre-construction survey shall be conducted for the burrowing owl no more than five days before any ground disturbing activities using the proper USFWS and CDFW protocols. The survey shall be conducted as close to the actual construction initiation date as possible. If evidence of the burrowing owl or desert tortoise is found on the site, then the developer shall follow the recommendations of an experienced burrowing owl biologist, hired by the City at the developer’s expense, on the find before restarting the ground-disturbing activities. Evidence of the completed surveys shall be submitted to the City Planner before grading permit issuance.
BIO-2 If construction is to occur during the MBTA nesting cycle (February 1-September 30), a nesting bird survey shall be conducted by a qualified biologist, contracted by the applicant or City and paid by the applicant, not more than 14 days before start of ground-disturbing activities. Disturbances that cause nest abandonment and/or loss of reproductive effort (e.g. killing or abandonment of eggs or young) may be considered take and is potentially punishable by fines or imprisonment. Active bird nests shall be mapped utilizing a hand-held global positioning system (GPS) and a 300’ buffer shall be flagged around the nest (500’ buffer for raptor nests). Construction shall not be permitted within the buffer areas while the nest continues to be active (eggs, chicks, etc.). Results of the survey shall be submitted to the City Planner before issuance of building permits.
CR-1 If during the course of excavation, grading or construction, artifacts or other archaeological resources are discovered, all work in the immediate area of the find shall be halted and the applicant shall immediately notify the City Planner. A qualified archaeologist shall be called to the site by, and at the expense of, the applicant to identify the find and propose mitigation if the resource is culturally significant. Work shall resume after consultation with the City of Cathedral City and implementation of the recommendations of the archaeologist. If archaeological resources are discovered, the archaeologist will be required to provide copies of any studies or reports to the Eastern Information Center for the State of California located at the University of California Riverside and the Agua Caliente Tribal Historic Preservation Office (THPO) for permanent inclusion in the Agua Caliente Cultural Register.
CR-2 If any cultural resources are uncovered during site disturbing activities, a tribal representative shall also be contacted and consulted regarding the find. If the resource is found to be significant, the archeologist in consultation with the appropriate tribal representative, and City representative shall confer with regard to mitigation.
GEO-1 Before issuance of building permits, the project applicant shall submit plans to the City Engineer for review and approval demonstrating project compliance with the most recent California Building Code seismic requirements and the recommendations of the Geotechnical Report for the project. All soil engineering recommendations and structural foundations shall be designed by a licensed professional engineer. The approved plans shall be incorporated into the proposed project. All on-site engineering activities shall be conducted under the supervision of a licensed geotechnical engineer.
GEO-2 Before start of construction, all remnants from the septic system from the previous residential occupancy, including septic tanks, cesspools, leach lines or seepage pits, and associated piping systems, shall be abandoned in accordance with the project geotechnical engineer, Phase I study recommendations, all City and Riverside County requirements and Riverside County Department of Environmental Health. Proof of abandonment shall be submitted to the City before issuance of building permits for the project.
HAZ-1 Any outdoor lighting installed shall be hooded or shielded to prevent either spillage of lumens or reflection into the sky. Outdoor lighting shall be downward facing.
HAZ-2 The following uses shall be prohibited:
a. Any use that would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA-approved navigational light or visual approach slop indicator.
b. Any use that would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport.
c. Any use that would generate smoke or water vapor or that would attract large concentrations of birds, or that may otherwise affect safe air navigation within the area. (Such uses include landscaping utilizing water features, aquaculture, production of cereal grains, sun flower, and row crops, artificial marshes, trash transfer stations that are open on one or more sides, recycling centers containing putrescible wastes, and construction and demolition debris facilities.)
d. Any use that would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation.
HAZ-3 A “Notice of Airport in Vicinity” shall be provided to all potential purchases of the property.
HAZ-4 Any new retention or detention basins on the site shall be designed so as to provide for a maximum 48-hour detention period following the conclusion of the storm event for the design storm (may be less but not more) and to remain totally dry between rainfalls. Vegetation in and around the detention basins that would provide food or cover for bird species that would be incompatible with airport operations shall not be utilized in project landscaping.
HAZ-5 Buildings located on the easterly parcel within Zone D shall not be utilized as skilled nursing or memory care facilities.
HYDRO-1 If FEMA has not approved the proposed FIRM revisions taking the project site out of the Special Flood Hazard Area (SFHA), the applicant or project developer shall complete the following requirements for Parcel 2:
a. Provide to FEMA all studies, calculations, plans and other information required to meet FEMA requirements, and obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project. The CLOMR shall be provided to the City Engineer prior to issuance of any permits for grading for the project.
b. Prior to issuance of a building permit for the project, the applicant/developer shall obtain from FEMA and provide to the City Engineer a Letter of Map Revision (LOMR).
HYDRO-2 Since Parcel 1 of the project site is located in close proximity to the same Special Flood Hazard Area as Parcel 2, the applicant shall show proof acceptable to the City Engineer that parcel is outside of the flood hazard zone.
N-1 Construction equipment and construction-related traffic shall enter and leave the site from the either the East Palm Canyon Drive or Van Fleet Avenue entrances whenever possible.
N-2 During construction of the project, the construction contractor shall limit all construction-related activities to the following hours, in accordance with the Construction Noise Standards set forth in Chapter 11.96 (Noise Control) of the City of Cathedral City Municipal Code:
October 1 through April 30:
• 7:00 a.m. to 5:30 p.m. on Monday through Friday
• 8:30 a.m. to 5:00 p.m. on Saturday
• Construction prohibited at any time on Sunday or a state holiday.
May 1 through September 30:
• 6:00 a.m. to 7:00 p.m. on Monday through Friday
• 8:00 a.m. to 5:00 p.m. on Saturday
• Construction prohibited at any time on Sunday or a State of California holiday.
N-3 Construction equipment will use available noise suppression devices and properly maintained mufflers. Construction noise shall be reduced by using quiet or “new technology”, equipment, particularly the quieting of exhaust noises by use of improved mufflers where feasible. All internal combustion engines used at the project site will be equipped with the type of muffler recommended by the vehicle manufacturer. In addition, all equipment will be maintained in good mechanical condition so as to minimize noise created by faulty or poorly maintained engine, drive-train and other components.
N-4 During all site preparation, grading and construction, contractors shall minimize the staging of construction equipment and unnecessary idling of equipment in the vicinity of residential land uses.
N-5 The equipment staging area will be situated so as to provide the greatest distance separation between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction
N-6 Stationary noise sources shall be located as far from sensitive receptors as possible, and shall be muffled and enclosed within temporary sheds, or insulation barriers or other measures shall be incorporated to the extent feasible.
N-7 Temporary walls/barriers/enclosures will be erected around stationary construction equipment when such equipment will be operated for an extended period of time and where there are noise sensitive receptors substantially affected. Noise barriers and enclosures will consist of absorptive material in order to prevent impacts upon other land uses due to noise reflection. In addition, complete enclosure structures will close or secure any openings where pipes, hoses or cables penetrate the enclosure structure.
These Mitigation Measures are included in the Conditions of Approval. Some of the Mitigation Measures may duplicate or be more specific than the standard Conditions of Approvals, since the special studies for the Initial Study document were prepared by outside consultants. Staff has left the City Standard Conditions intact, unless there was an exact duplication, to ensure that all issues were covered.
NOTE: The City of Cathedral City Planning Department is custodian of the documents or other material, which constitute the record of proceedings upon which this decision is based.
PUBLIC NOTIFICATION:
This project and the environmental determination were noticed in accordance with the
City Municipal Code and CEQA.
ATTACHMENTS:
Attachment 1: Conditions of Approval
Attachment 2: Site Plan
Attachment 3: Elevations
Attachment 4: Landscape Plan
Attachment 5: Public Hearing Notice
Attachment 6: Mitigated Negative Declaration