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SUBJECT:
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: April 28, 2009
PA 07-028 Arroyo Vista (Legislative Action) - Environmental Impact
Report, General Plan Amendment, Stage 1/Stage 2 Planned Development
Rezone, Vesting Tentative Tract Map and Site Development Review
Report prepared by Erica Fraser, Senior Planner
ATTACHMENTS:
RECOMMENDATION:
N
1) Resolution recommending Cite Council certification of an
Environmental Impact Report for the Arroyo Vista Project with the
Draft Environmental Impact Report (Planning Commission packets
only) attached as Exhibit A and the, Final Environmental Impact Report
attached as Exhibit B (Planning Commission packets only);
2) Resolution recommending that the City Council approve a General Plan
Amendment to change the designation of the Arroyo Vista Project Site
from Medium-Density Residential to Medium/High-Density Residential
and Public/Semi-Public and allow for attached and detached housing
units in the Medium/High-Density Zesidential land use designation with
the Draft City Council Resolution included as Exhibit A;
3) Resolution recommending that the City Council adopt an Ordinance
approving a PD Planned Development Rezone and related Stagel/Stage
2 Development Plan with the Draft Ordinance attached as Exhibit A;
4) Resolution approving a Vesting Tentative Tract Map 7943 for the
Arroyo Vista Project with Vesting Tentative Tract Map 7943 attached as
Exhibit A;
5) Resolution approving the Site Development Review for the Arroyo
Vista Project with the Project Plans attached as Exhibit A.
6) July 22, 2008 Planning Commission Study Session Agenda Statement
(without attachments); and
7) Minutes from the July 22, 2008 Planning Commission Study Session.
1) Receive Staff presentation;
2) Open the public hearing;
3) Take testimony from the Applicant and the public;
4) Close the public hearing and deliberate; and
5) Adopt the following Resolutions:
a) Resolution (Attachment 1) recommending City Council
certification of an Environmental Impact Report for the Arroyo
Vista Project;
b) Resolution (Attachment 2) recommending that the City Council
approve a General Plan Amendment to change the designation of
the Arroyo Vista Project Site from Medium-Density Residential
COPIES TO: Applicant
Property Owner
Page 1 of 10
G: (Arroyo VistalPC PMPC Agenda Statement 4-28.LOC
ITEM NO.
to Medium/High-Density E,esidential and Public/Semi-Public
and allow for attached and detached housing units in the
Medium/High-Density Residential land use designation;
c) Resolution (Attachment 3) recommending that the City Council
adopt an Ordinance approving a PD Planned Development
Rezone and related Stagel/'stage 2 Development Plan;
d) Resolution (Attachment 4) approving Vesting Tentative Tract
Map 7943 for the Arroyo Vista Project; and
e) Resolution (Attachment 5) approving the Site Development
Review for the Arroyo 'vista Project with 378 residential
dwellings, community building and a daycare located at 6700
Dougherty Road with the Project Plans.
BACKGROUND:
Arroyo Vista is located at 6700 Dougherty Road on the west side of Dougherty Road, south of the
intersection of Dougherty Road and Amador Valley Boulevard and north of the intersection of Dougherty
Road and the Iron Horse Trail, a regional multi-use trail (see location map on the left side of this page).
Alamo Creek forms a portion of the western boundary of the Site, A hich is a regionally significant creek
in eastern Alameda County. The Site contains approximately 24
acres of land. The Site is surrounded by residential developments to
the north, south and west and Camp Parks Reserve Forces Training
Area to the east.
Arroyo Vista is a 150-unit detached Public Housing Project,
constructed over 25 years ago, which is owned by the Dublin
Housing Authority (DHA) and managed by the Alameda County
Housing Authority (HACA) under contract. The complex has design
problems which have created ongoing building maintenance
problems, as well as sewer and water main problems. The DHA
determined it was not feasible to renovate the complex.
v ciNtw hMAP In July 2006, the Dublin Hou& ng Authority identified the team of
Eden Housing and Citation Homes Central as the Real Estate Developers with whom to negotiate for the
redevelopment of the Arroyo Vista Site. In July 2007, the City, along; with DHA and HACA, entered into
a Disposition and Development Agreement with Eden Housing and Citation Homes Central regarding the
disposition of the property and development of the Site.
Four tenants and an unincorporated association called the Arroyc Vista Tenants Association filed a
lawsuit in October 2007 against the City, DHA, HACA, Eden Housing and Citation Homes in which they
asked the court to order the parties to cease implementing the Disposition and Development Agreement
and to cease removing or relocating; any of the tenants. The case is still pending. The Court has not
issued any order that would prevent the City from certifying the EIR or approving the land use
entitlements that are the subject of this hearing.
On July 15, 2008, the City Council approved Resolution 137-08 authorizing the City Manager to act as the
certifying officer in order to certify the Finding of No Significant Impact (FONSI) (pursuant to the
National Environmental Policy Act (NEPA)) and authorized the Dublin Housing Authority to submit a
request to the Department of Housing and Urban Development for approval of property disposition to the
developers.
Page 2 of 10
The Planning Commission reviewed the Arroyo Vista Project during a Study Session on July 22, 2008.
During the meeting, the Planning Commission discussed the parking, landscaping, architecture and layout
of the Project and did not recommend any changes to the Project: Plans (please refer to the Minutes
included as Attachment 7).
On January 2, 2009, the Department of Housing and Urban Development determined that the City had met
its responsibilities with respect to the preparation of the Environmental Assessment (FONSI) and NEPA.
To date, HUD has not approved DP[A's application to dispose of the property to the developers. Unless
and until HUD approves DHA's application to dispose of the property, DHA will continue to operate
Arroyo Vista as a Public Housing Project. DHA cannot sell the property unless HUD approves the
application. Tenants are not required to move and have been informed numerous times over the last
several years that they do not have to relocate unless and until they are provided with a formal, legally-
required 90-day notice to relocate. However, a number of tenants rave, on their own, decided to move,
and since the spring of 2007, DHA has provided such tenants with the relocation assistance and benefits
that it will provide to tenants who are required to move if and when HUD approves the application and the
formal 90-day notice is given.
PROJECT DESCRIPTION:
The proposed Arroyo Vista residential development would be a community of approximately 378 units
comprised of 198 market rate and 180 affordable units. The affordable portion of the Project will be
located at the center of the Site with the market rate portion of the Project surrounding it. Other
improvements include a childcare facility, community building, parking, tot lots and passive recreation
areas (please refer to the Site Plan on Sheet PD 04 of Exhibit A to Attachment 5).
The market rate component of the Project will include 198 for-sale c.welling units including 141 attached
and 57 detached dwellings. Up to 15 of the for-sale units will be affordable dwellings, pursuant to the City
Inclusionary Housing Ordinance. This portion of the Project will be constructed by Citation Homes
Central (here after "Citation Homes'").
The affordable component of the Project will include 130 rental affordable family apartment units with
129 income restricted units (one unit will be designated as a live-in manager unit), which will be
constructed by Eden Housing. The family apartments will be compri 3ed of 1, 2, 3 and 4 bedroom units in
a combination of stacked flats and multi-level apartments. The apartment units will be broken up into
several two- and three-story residential wood-frame buildings.
The affordable component will also include 50 rental senior apartments (with 49 1-bedroom income-
restricted apartments and one 2-bedroom manager unit). The senior apartments will be located in one
three story building located near the center of the development, adjacent to the childcare center. A small
courtyard will be constructed between the wings of the senior building;.
A community building will be constructed near the Public Loop road (as shown on Sheet PD04 of Exhibit
A to Attachment 5). The community building will be used in conjunction with the entire development to
serve the needs of the residents. The 3,200 square-foot building includes a community room that can be
used for parties, meetings and other events; offices to support the affordable housing project and a
computer room with open computer times as well as educational programs.
Page 3 of 10
The childcare facility will be located near the intersection of the Public Loop road and Public Street A.
This facility will be 3,400 square feet in size and will contain a preschool classroom, toddler classroom
and offices. The facility will be open to the general public. The facility can accommodate up to 48
children and will also include an outdoor play area. The anticipated hours of operation for the facility are
7:00 a. in. to 6:00 p. in., Monday through Friday. The total anticipated number of employees for the
facility is 8 which include teachers and administration and maintenance staff.
The affordable portion of the Project (including the community building and childcare facility) will be
constructed by Eden Housing. Eden Housing is a nonprofit devolopment group that constructs and
manages affordable housing projects throughout the area. Eden Housing is also responsible for the
construction and operation of the Senior Housing Project located next to Target in the City of Dublin
(approved in 2003).
ANALYSIS:
Environmental Impact Report
For the proposed Arroyo Vista Project, an Environmental Impact Report (EIR) has been prepared in
accordance with CEQA laws and regulations. The Project assessed in the EIR includes the amendments
to the General Plan, Planned Development Rezoning, Vesting Tentative Tract Map, Site Development
Review and the development of the Site with 378 dwelling units, childcare facility, community building
and related site improvements.
In accordance with CEQA procedures, the City prepared an Initial Study to review the Arroyo Vista
Project. The Initial Study concluded that an Environmental Impact Report should be prepared for the
Project. A Notice of Preparation was circulated for the required 30-day period on December 20, 2007.
The Notice of Preparation was mailed to all interested parties and applicable state, local and regional
agencies. In addition to the tenants of Arroyo Vista (including tenants who moved since the Spring of
2007) and property owners and tenants located within 300 feet of the Project Site (which are required to be
noticed pursuant to State Law), the City also provided notices to an expanded area which included
surrounding residential developments and properties located adjacent to the Alamo Creek (in all, over
1,783 notices were mailed). The Notice of Preparation included a des-,ription of the Project, location of the
Project, date of the scoping meeting; and identified the close of the comment period. Comments sent in
during the review period were addressed in the preparation of the Environmental Impact Report.
A scoping meeting was held on January 16, 2008 in which all interested parties were invited to attend to
discuss the preparation of the Environmental Impact Report and to express any comments or concerns they
had regarding the environmental impacts of the Project. The scoping meeting was attended by several
residents and their comments were noted by Staff and were addressed in the preparation of the
Environmental Impact Report.
Following the close of the comment period on the Notice of Preparation the City as the Lead Agency
prepared the Arroyo Vista Draft Environmental Impact Report (DEIR). Issues of potential significance
related to development of the Arroyo Vista Site include: aesthetics, light and glare, air quality, biological
resources, cultural resources, geology and soils, hazardous materials, hydrology and water quality, noise,
population and housing, public services, transportation and circulation, and utilities and service systems.
An explanation of the potential environmental impacts related to these sections and all mitigation
measures can be found in the DEIR. A summary of all impacts and mitigation measures related to the
proposed Project can be found in a table located at the beginning of the DEIR.
Page 4 of 10
The DEIR identified several impacts, related to traffic, that cannot be mitigated to a less than significant
level. These impacts are Impact 4.11-2, Level of Service at the intersection of Dougherty Road /Amador
Valley Boulevard, Impact 4.11-3, Level of Service at the intersection. of Hacienda Drive/I-580 Westbound
Off-Ramp, Impact 4.11-5, assumed relocation of the Camp Parks entrance on Dougherty Road and Impact
4.11-6, Level of Service of the Dublin/Dougherty intersection. Thi; DEIR identified impacts related to
these areas as significant and unavoidable. Although mitigation measures were included to reduce impacts
associated with these areas, the mitigation measures cannot reduce these impacts to a less than significant
level. The City Council will be required to adopt a Statement of Overriding Considerations related to these
impacts in order to approve the Project.
Following completion of the DEIR, the City mailed a Notice of Availability of Draft Environmental
Impact Report to all persons that were provided with the Notice of Preparation and all persons who had
since requested notification of this Project. The Notice of Availabil ty identified the Project location and
provided a description of the Project. The Notice also identified the required 45-day public comment
period on the DEIR. The DEIR was then circulated for review from J inuary 31, 2009 to March 23, 2009.
Several written comments were received during the public comment period. These comments are included
in the Final Environmental Impact Report (FSEIR) which includes a copy of the original comment letter
and the City's responses to those comments.
A Resolution recommending that the City Council certify the Arroyo Vista Environmental Impact Report
is included as Attachment 1.
General Plan Amendment
A General Plan Amendment is required for this Project in order to change the existing General Plan Land
Use Designation from Medium-Density Residential (6.1-14.0 du/acre) to Medium/High-Density
Residential (14.1-25.0 du/acre) and Public/Semi-Public. The change to Medium/High-Density Residential
(23.79 acres) designation is required in order to allow the proposed number of dwelling units, 378, which
will result in a density of 15.9 dwelling units per acre.
The Public/Semi-Public land use meets the intent of the Public Facilities Policy by dedicating land for the
purpose of providing Public/Semi-Public Facilities. Arroyo Vista proposes to designate 0.34 acres as
Public/Semi-Public and the childcare building and related playground will be located within this land use
designation. The Policy requires the Applicant to set aside 0.5 acres for every 250 dwelling units of
Medium Density or greater. The City Council can make the final de-lermination regarding whether or not
the amount of land dedicated or benefits of the Project comply with the intent of the Policy. In this case,
although only 0.34 acres has been set aside, the affordable portion of the Project provides a necessary
service to the community by increasing the amount of affordable housing in the City. Due to the provision
of affordable housing, the proposed Project meets the intent of the Semi-Public Facilities Policy.
The proposed Project also includes an amendment to the description of the Medium-High Density
Residential land use designation. This amendment would allow for attached and detached units within the
Medium-High Density Residential land use designation. The modification is necessary in order to approve
the proposed Project which includes both attached and detached units. The General Plan currently only
allows attached units to be constructed within this land use classification. The following sentence is
Page 5 of 10
proposed to be inserted into the land use category, which can be found in Section 1.8.1 of the General
Plan:
"The City Council may, at their discretion, allow for attached and detached units
when the mix of units I's provided to allow for a unique development which benefits
the community."
A Resolution recommending the City Council approve the General Plan Amendment is included as
Attachment 2.
Planned Development Rezone
Chapter 8.32 of the Dublin Zoning; Ordinance establishes the intent, purpose and requirements of the
Planned Development District. The intent of the Planned Development District is to create a more
desirable use of the land, a more coherent and coordinated development, and a better physical
environment than would otherwise be achieved under a single zoning district or combination of zoning
districts. The Zoning Ordinance requires the adoption of both Stag; 1 and Stage 2 Development Plans,
which establishes regulations for the use, development, improvemunt and maintenance of the property
within the Planned Development Zoning District.
The Project Site is currently zoned Planned Development (PD) 1 418 ZU. The Planned Development
Zoning District was adopted by the County of Alameda on Jan iary 10, 1980 and allowed for the
construction of a residential development with 150 dwelling units. In order to construct the proposed
Project with up to 378 dwelling units, the Site must be rezoned to allow the increase in the number of
dwelling units.
The Applicant is requesting approval of a Stagel/Stage 2 Development Plan for the specific development
of the subject Site at this time. The Development Plan allows for the construction of affordable family
apartments, affordable senior apartments, attached and detached market-rate dwelling units, a community
building and childcare center.
The Development Plan includes information regarding the site area, number of units, landscaping and
architecture. The Development Plan also includes the development regulations including, but not limited
to density, maximum lot coverage, minimum lot size, setbacks and parking regulations. All information
required by Chapter 8.32, Planned Development Zoning District, has been included in the Draft
Ordinance.
The Development Plan establishes the parking regulations for the development. The Eden Housing
portion of the Project will have a parking requirement that is less :han what is required by our Zoning
Ordinance. The Planned Development can establish requirementE which are different from what is
normally required under the Zoning, Ordinance. The following table s illustrate the parking requirements
established by this Planned Development Rezone for the Project.
Page 6 of 10
Eden Housing (Affordable Project Minimum
Parkin Spaces Required
Affordable Apartments 1.82 parking stalls per unit
Senior Apartments 0.76 arkin stalls per unit
Childcare Facility 1 per employee plusl parking or loading space per
5 children
Community Building 10
Citation Homes Central Market Rate Units Minimum
Parkin Spaces Required
Attached Houses 2 stalls located inside a garage with a minimum
unobstructed dimension of 20 feet x 20 feet plus
0.5 guest parking stall er unit
Detached Houses 2 stalls located inside a garage with a minimum
unobstructed dimension of 20 feet x 20 feet plus 1
est arkin stall per unit
A minor change was made since the Study Session to the circulation of the Site near the daycare to
improve traffic flow and reduce impacts on the surrounding area. This resulted in the loss of four parking
spaces for the daycare and one guest stall for the Eden Family Apartments and the creation of four loading
spaces for the daycare. A revised parking chart for the Eden Housi-ig portion of the project is provided
below (revised from what is provided in the Study Session Agenda Statement (Attachment 6)).
Required Parking Parking Provided Su lus/Deficit
Affordable Family Apartments (130 units)
Covered 130 13C 0
Guest 130 107 -23
Total 260 23;' -23
Senior Apartments (50 units)
Covered 50 38 -12
Guest 16.6 0 -16.6
Total 666 38 -28.6
Daycare 18 14 -4
Community Building 0 10 +10
Total 345 344.6 299 -46
The chart provided above shows the difference between what is required by the Zoning Ordinance and
what is provided on the Site. As part of the Planned Development Rezone, the City can establish parking
regulations which are different than what is required by the Zoning Ordinance. Please refer to the attached
Study Session Agenda Statement (Attachment 6) for a discussion of the overall parking on the Site and
why a reduced parking ratio is warranted for the Site. The Citation Homes Central portion of the Project
will provide parking stalls as required by the Zoning Ordinance.
A Resolution recommending the City Council approve the Stagel/Stage 2 Planned Development Rezone
is included as Attachment 3. The Stage 1/Stage 2 Planned Developir.ent District regulations, applicable to
this Project Site only, are included as Exhibit A to Attachment 3.
Page 7 of 10
Vesting Tentative Map
The Applicant is requesting to subdivide the subject property into a parcel designated for the affordable
Project, a parcel for the childcare center, and numerous parcels for attached and detached homes, parking
and common areas. Vesting Tentative Tract Map 7943 is bound,:d by Dougherty Road to the east,
residential developments to the north and south and the Alamo Creek and a residential development to the
west.
The proposed Vesting Tentative Tract Map conforms to the City of Dublin General Plan and the
Municipal Code. Staff recommends the Planning Commission approve Vesting Tentative Tract Map 7943
subject to the findings and Conditions of Approval contained in the attached Resolution (Attachment 4).
Site Development Review
Only minor changes have been made to the Project Plans since the Study Session on July 22, 2008 (these
changes are related to the parkin; near the daycare and are discussed in detail under the Planned
Development section of this Staff Report). The Planning Commission reviewed the architecture, layout,
landscaping, parking requirements and overall design of the Project during the Study Session and did not
request any modifications to the Project. Please refer to the attached Study Session Agenda Statement
(Attachment 6) for a discussion of the site layout, architecture, and landscaping. Minutes from the
Planning Commission Study Session are included as Attachment 7.
A Resolution approving the Site Development Review, subject to Conditions of Approval, is included as
Attachment 5.
NOTICING:
In accordance with State Law, a notice regarding tonight's hearing was published in the Valley Times and
was mailed to all property owners and tenants within 300 feet of the Project Site and all persons who
requested a copy of the notice. Additionally, Staff sent notices to all existing and former tenants of the
existing Arroyo Vista development (who have moved since the spring of 2007) and sent notices to all
property owners and tenants between Alamo Creek and Dougherty Road up to the Alameda/Contra Costa
County line which maybe impacted by the Project.
CONCLUSION:
The Applicants are requesting approval of a 378-unit residential development which includes affordable
family apartments, affordable senior apartments, market-rate attac ied and detached units, community
building and childcare facility. The market-rate and affordable units have been mixed throughout the Site
and provide connections between each of the product types. The proposed development includes a mixture
of architectural styles which all utilize common American architectural design themes. The redeveloped
Arroyo Vista Project will enhance the existing area and provide a unique development within the City.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public
hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate;
and 5) Adopt the following Resolutions: a) Resolution (Attachment 1) recommending City Council
certification of an Environmental Impact Report for the Arroyo Vista Project; b) Resolution (Attachment
Page 8of10
2) recommending that the City Council approve a General Plan Amendment to change the designation of
the Arroyo Vista Project Site from Medium-Density Residential to Nledium/High-Density Residential and
Public/Semi-Public and allow for attached and detached housing units in the Medium/High-Density
Residential land use designation; c) Resolution (Attachment 3) recommending that the City Council adopt
an Ordinance approving a PD Planned Development Rezone and --elated Stagel/Stage 2 Development
Plan; d) Resolution (Attachment 4) approving Vesting Tentative Tract Map 7943 for the Arroyo Vista
Project; and e) Resolution (Attachment 5) approving the Site Development Review for the Arroyo Vista
Project with 378 residential dwellings, community building and a daycare located at 6700 Dougherty
Road with the Project Plans.
Page 9 of 10
GENERAL INFORMATION:
APPLICANT:
PROPERTY OWNER:
LOCATION:
ASSESSORS PARCEL NUMBER.:
GENERAL PLAN
DESIGNATION:
SPECIFIC PLAN
AREA:
EXISTING LAND USE:
SURROUNDING USES:
Eden Housing, Inc.
409 Jackson Street
Hayward, CA 94544
Citation Homes Central
404 Saratoga Avenue Suite 100
Santa Clara, CA 95050
Dublin Housing Authority
6700 Dougherty Road
941-0007-001-07
Medium-Density Residential
None
Public Housing
Location 'boning General Plan Land Use Current Use of
Pro er
Site PD (Planned Medium Densi:y Public Housing
Development) Residential (existing)
Medium/High Density
Residential (proposed)
North PD (Planned Medium Densi :y Housing
Development) Residential
South PD (Planned Medium/High Density Housing
Development) Residential
East Agriculture Public Lands Cam Parks
West PD (Planned Medium Densi-:y Housing
Development) Residential
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