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HomeMy WebLinkAbout6.5 Arroyo Vista FONSI CITY CLERK File # D~[Q]~-[k][(2] AGENDA STATEMENT If 00- ~ CITY COUNCIL MEETING DATE: June 3, 2008 SUBJECT: PUBLIC HEARING: PA 07-028 Arroyo Vista - Environmental Assessment/Finding of No Significant Impact (FONSI) for the Arroyo Vista Project. Report prepared by Erica Fraser, Senior Planner ATTACHMENTS: 1) Mailed Notice of Continuation of June 3, 2008 public hearing 2) Notice of Finding of No Significant Impact and Notice of Intent to Request Approval of Property Disposition, dated May 28, 2008. 3) Environmental Assessment. RECOMMENDAT~ON: 1) 2) ~~ ~~ Zj 5) Receive Staff Presentation; Open public hearing; Take testimony from the public; Close public hearing; and Continue item to July 15,2008. PROJECT DESCRIPTION: Arroyo Vista is a 150 unit detached affordable housing project which is owned by the Dublin Housing Authority (DHA) and managed by the Alameda County Housing Authority under contract. The housing complex was constructed over 20 years ago. The complex has design problems which have created ongoing building maintenance problems, as well as sewer and water main problems. The City has begun the process of reviewing the redevelopment of the existing site with a new residential development which will contain 378 dwelling units, community building, childcare facility and related improvements. Before the new development can be constructed, the United States Department of Housing and Urban Development (HUD) must approve the disposition (sale) of the property to the private parties (Eden Housing and Citation Homes) the DHA has selected to develop the project. The City is required to analyze the environmental impacts of the disposition of the property and the proposed project under the National Environmental Policy Act (NEP A) and to submit its determination to HUD before HUD can approve the disposition. Background The process of environmental review for the Arroyo Vista Project will be two-fold. Since a part of the project requires a Disposition Application to be submitted to the HUD, a review under NEP A is required. COPIES TO: In House Distribution File Page 1 of3 ITEM NO. fo.5 G:\Arroyo Vista\FONSI\FONSI CCSR for 6.3.08.DOC {\ Additionally, if the project proceeds forward, a review under the California Environmental Quality Act (CEQA) will be required for any development proposal. Each of these two reviews has special notification requirements. At this point in the process, the City is the responsible entity for preparation of the environmental review under NEP A. The City has prepared an Environmental Assessment (Attachment 3) and intends to adopt a Finding of No Significant Impact (FONSI). NoticinJ!: On May 4, 2008, Staff published a notice in the newspaper indicating that a public hearing would be held on June 3, 2008 to discuss the FONSI under NEP A for the proposed Arroyo Vista project. Although this type of Notice is not required by law under NEP A, the City followed a practice similar to what is done when the City evaluates environmental issues on projects under the California Environmental Quality Act (CEQA). In addition, having a hearing early in the process provides additional opportunities for public comment. The Notice was mailed to all residents of Arroyo Vista, property owners and occupants within 300 feet of Arroyo Vista and other interested parties. The Notice stated that written comments must be submitted by 5pm on June 2, 2008. However, because federal regulations require that the 30-day comment period commence upon publication of the FONSI, the deadline for submission of written comments needed to be extended. Therefore, on May 23,2008, Staff mailed a Notice (and published a Notice on May 25th) continuing the June 3, 2008 discussion to July 15, 2008 (Attachment 1). This extension will allow the public the opportunity to submit written comments on the FONSI for 30 days after its publication, as required under NEP A. As with any continued public hearing, the public still has the opportunity to comment at both hearings. The purpose of the continuation is that any Council action would take place at the July 15th hearing and not on June 3rd. The "Notice of Finding of No Significant Impact and Notice of Intent to Request Approval of Property Disposition," (Attachment 2) was published and mailed on May 28, 2008, and starts the 30-day comment period required under NEP A. All comments related to the FONSI prepared for the Arroyo Vista project must be received within that 30-dav period, which ends on June 27, 2008. The City will only consider comments on the FONSI received on or before that date. In addition to identifying the 30 day comment period, Attachment 2 serves a second purpose in that it is required by HUD regulations to provide notice that the City will authorize DHA to submit a request to BUD to dispose of the Arroyo Vista property. DHA has requested the City include the notice regarding disposition as part of the Notice of the FONS!. All comments related to the FONSI must be submitted in writing to the City of Dublin Community Development Department by June 27, 2008. All comments related to the Request for Approval of the Disposition (sale) ofthe Property must be submitted to HUD as specified in the notice. Members of the public may address the Council on the FONSI at tonight's meeting and those comments will be included as part of the Environmental Review Record under NEP A. Page 2 of3 The July 15, 2008 meeting will provide an opportunity for the public to provide general comments on the proposed proiect prior to the City taking action on the FONS!. The Council will not take testimony regarding the FONSI or the request for approval of the disposition on July 15, 2008. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open public hearing; 3) Take testimony from the public; 4) Close public hearing; and 5) Continue item to July 15,2008. Page 3 of3 CITY OF DUBLIN fo~ Lt 100 Civic Plaza, Dublin, California 94568 Website: http://www.ci.dublin.ca.us City of Dublin City Council Public Hearing Notice July 15, 2008 7:00P.M. Arroyo Vista Proiect And Continuation of June 3, 2008 Public Hearing PROJECT: PA 07-028 Arroyo Vista PROJECT DESCRIPTION: The property known as Arroyo Vista is owned by the Dublin Housing Authority (DHA). The DHA has applied to the federal Department of Housing and Urban Renewal (HUD) for approval to dispose of (sell) the Arroyo Vista property to Eden Housing and Citation Homes for their development of a project which would include the demolition of the existing 150 dwelling unit public housing project and the construction of a new residential development. The new development would include 378 new dwelling units with 130 affordable apartments, 50 affordable senior apartments, 141 for-sale attached dwelling units and 57 for-sale detached dwelling units. A new childcare facility, community building, recreation areas, hardscape and landscaping will also be constructed on the site. The City is required to make a determination under the National Environmental Policy Act (NEPA) before HUD can act on DHA's application to sell the property. The City has prepared a Finding of No Significant Impact (FONSI) pursuant to NEPA, determining that the project will not constitute an action significantly affecting the quality of the human environment. Accordingly, the City of Dublin has decided not to prepare an Environmental Impact Statement under the National Environmental Policy Act of 1969. Prior to construction of the Arroyo Vista project, entitlements are required to be obtained by the Applicants from the City of Dublin. These entitlements include Stage 1/Stage 2 Planned Development Rezone, Tentative Map, General Plan Amendment and Site Development Review. Review of environmental impacts associated with the City approvals will be conducted pursuant to the California Environmental Quality Act (CEQA). LOCATION: 6700 Dougherty Road (APN 941-0007-001-07) The public hearing before the City of Dublin City Council originally scheduled for Tuesday, June 3, 2008 at 7:00 p.m. in the City Council Chambers, 100 Civic Plaza, Dublin has been continued to Tuesday, July 15, 2008, 7:00 p.m. in the City Council Chambers, 100 Civic Plaza, Dublin. PUBLIC COMMENT: The City Council will consider the Finding of No Significant Impact (FaNSI) at the July 15, 2008 meeting and will consider authorizing the City Manager to sign the FaNSI and authorize the Dublin Housing Authority (DHA) to submit a request to the Department of Housing and Urban Development for disposition of the property to Eden Housing and Citation Homes. A legally required separate notice, entitled "Notice of Finding of No Significant Impact and Notice of Intent to Request Approval of Property Disposition," will be sent to you on May 28, 2008, beginning a 30-day comment period on the FaNSI and the request for approval of property disposition. Any comments on the FaNSI or the request for approval of property disposition must be submitted during the 30-day comment period. The public hearing is an opportunity for the public to provide general comments to the City Council on project. The City Council will not receive comments on the FONSI or the disposition of the site during the public hearing on July 15. All comments on the FaNSI must be submitted during the 30 day comment period. For further information, please call the City of Dublin Community Development Department at (925) 833-6610. Mary Jo Wilson, AICP Planning Manager Dated: May 23, 2008 Area Code (925) . City Manager 833-6650 . City Council 833-6650 . Personnel 833-6605 . Economic Development 833-6650 " Finance 833-6640 . Public Works/Engineering 833-6630 . Parks & Community Services 833-6645 . ~~~3..:-66~ to -.( f1 ,;, ~.....~ Planning/Code Enforcement 833-6610 . Building Inspection 833-6620 . Fire Prevention Bureau.v~ :Jt' NT 1 I ATTACHME o?~4 NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND NOTICE OF INTENT TO REQUEST APPROVAL OF PROPERTY DISPOSITION May 28,2008 City of Dublin 100 Civic Plaza Dublin, CA 94568 925-833-6610 These Notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the City of Dublin as Responsible Entity and the Dublin Housing Authority. REQUEST FOR APPROVAL OF PROPERTY DISPOSITION On or about July 16, 2008 the City of Dublin will authorize the Dublin Housing Authority to submit a request to the San Francisco Field Office of the U.S. Department of Housing and Urban Development (HUD) for approval of property disposition under Section 18 of the U.S. Housing Act of 1937, as amended, to undertake a project known as Arroyo Vista Redevelopment for the purpose of redeveloping an existing public housing project and expanding the number of dwelling units, subject to approval of the project by the City. The project proposes relocating the residents of the existing Arroyo Vista public housing, demolishing the improvements, and redeveloping the site with up to 180 affordable rental units, up to 198 for-sale units, including up to 14 affordable units, as well as a child care center, a community building/management office and recreational open space. The project's improvements are proposed to be financed with a variety of sources including low income housing tax credit equity, local funds, state funds, HUD Section 202 funds, Affordable Housing Program funds, commercial loans and private equity. The project is located at 6700 Dougherty Road in Dublin. FINDING OF NO SIGNIFICANT IMPACT The City of Dublin has determined that the project will have no significant impact on the human environment. Therefore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) is not required. Additional project information is contained in the Environmental Review Record (ERR) on file at the City of Dublin Community Development Department, 100 Civic Plaza, Dublin, CA 94568 and may be examined or copied weekdays, except holidays, 8:00 AM to 5:00 PM. PUBLIC COMMENTS Any individual, group, or agency may submit written comments on the ERR to the City of Dublin Community Development Department. All comments received by June 27, 2008 will be ATTACHMENT 2 3 ,of 1- considered by the City of Dublin prior to authorizing submission of a request for approval of property disposition. Comments should specify which Notice they are addressing. ENVIRONMENTAL CERTIFICATION The City of Dublin certifies to HUD that Richard Ambrose in his capacity as City Manager consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD's acceptance of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the Dublin Housing Authority to dispose of property. OBJECTIONS TO DISPOSITION ACTION HUD will accept objections to its approval and the City of Dublin's certification for a period of fifteen days following the anticipated submission date or its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the City of Dublin; (b) the City of Dublin has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR Part 58; (c) the grant recipient or other participants in the development process have committed funds, incurred costs or undertaken activities not authorized by 24 CFR Part 58 before approval by HUD; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to HUD at 600 Harrison Street, Third Floor, San Francisco, CA 94107 -1300. Potential objectors should contact HUD to verify the actual last day of the objection period. Richard Ambrose, City Manaqer 414 Attachment 3 - Environmental Assessment The Environmental Assessment document is bound under separate cover. Copies of the Environmental Assessment are available at the City of Dublin Community Development Department for review