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HomeMy WebLinkAbout8.1 Attmt 2 PCSR 04-28-2009AGENDA STATEMENT ('CANNING COMMISSION MEETING DATE: Apri128, 2009 SUBJECT: PA 07-028 Arroyo Vista (Legislati~•e Action) -Environmental Impact Report:, General Plan Amendment; St~ige 1/Stage 2 Planned Development Rezone, Vesting Tentative Tract Map and Site Development Review Report prepared by Erica Fraser, Senior Planner ATTACHMENTS: 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 thy, 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 :o 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 thy; City Council adopt an Ordinance approving a PD Planned Development Rezone anal 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 'Centative Tract Map 7943 attached as Exhibit A; 5) Resolution approving the Site D~:velopment 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. RECOMMENDATION: 1) Receive Staff presentation; 2) Open the public hearing; 1 ~; 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 Am~;ndment to change the designation of the Arroyo Vista Project Si'~e from Medium-Density Residential COPIES TO: Applicant Property Owner Page 1 of 10 G: (Arroyo VistalPC PHIPC Agenda Statement 4-18.GOC J ~ ITEM NO . i ATTACHMENT 2 to Medium/High-Density Eesidential 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/~~tage 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 `Jista 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, v~ hich is a regionally significant creek in eastern Alameda County. The Site contains approximately 24 acres of land. The Site is surrotmded 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 (RAGA) under contract. The complex has design problems which have created ongoing building maintenance problems, as well as sewer an~i water main problems. The DHA determined it was not feasible to renovate the complex. vicirm~r_ In July 2006, the Dublin Housing 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 alFproval 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 recomrrcend any changes to the Projec~: 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 Environmer_tal Assessment (EONS)) and NEPA. To date, HUD has not approved Df[A's application to dispose of th;, 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 1-ave, 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 f[iJD approves the application and the forma190-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 orc 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 li~~e-in manager unit), which will be constructed by Eden Housing. The family apartments will be comprised 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 buildinz;. A community building will be constructed near the Public Loop road (as shown on Sheet PD44 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 pre:school 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. m. to 6:00 p. m., 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 dev~;lopment group that constructs and manages affordable housing projects throughout the area. Eden l3ousing 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 v~~as circulated for the required 3~)-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 tenarrts located within 300 feet of the Project Site (which are required to be noticed pursuant to State Law), the City also provided notices tc~ 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 description 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 Prep:ration the City as the Lead Agency prepared the Arroyo Vista Draft Environmental Impact Report (DF;IR). 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 circulati~~n, and utilities and service systems. An explanation of the potential environmental impacts related t~~ these sections and all mitigation measures can be found in the DEIR. A summary of all impacts an3 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 lie 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 intersectior_ 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. Th•: DEIIZ identified impacts related to these areas as significant and unavoidable. Although mitigation mea:;ures 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 Availability identified the Project location and provided a description of the Project. The Notice also identified the required 45-day public comment period on the DEIlZ. The DEIR was then circulated for review from J_~.nuary 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 ;i 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~:ermination 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 Se:ni-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 a~tached 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.I of the General Plan: "The City Council may, at their discretion, allow for attached and detached units when the mix of units is provided to allow for a unique development which benefits the community." A Resolution recommending the t:ity 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, improvemrnt and maintenance of the property within the Planned Development Zo-.Wing District. The Project Site is currently zoned Planned Development (PD) 1 X18 ZU. The Planned Development Zoning District was adopted by the County of Alameda on Jan~,~ary 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 requirement: which are different from what is normally required under the Zoning. Ordinance. The following tables illustrate the parking requirements established by this Planned Development Rezone for the Project. Page 6 of 10 Eden Hausin Affordable Project _ Minimum Parkin S aces Re wired Affordable A artments 1.82 arkin :Malls er unit Senior A artments 0.76 arp king ;>talls er unit Childcare Facility 1 per employee plusl parking or loading space per 5 children Communit Buildin 10 Citation Tames Cetttrat arket Rate Units) 1~igimum Parkin S aces Re wired Attached Houses 2 stalls located inside a garage with a minimum unobstructed dimension of 20 feet x 20 feet plus 0.5 est ark:in stall er unit Detached Houses 2 stalls located inside a garage with a minimum unobstructed 3imension of 20 feet x 20 feet plus 1 est arkin stall er 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 1g 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 Famil A artments 130 units . Covered 130 13C 0 Guest 130 1.07 -23 Total 260 23 i' -23 Senior A artments 50 units) Covered 50 38 -12 Guest 16.6 0 -16.6 Total 66.6 38 -28. b Daycare 18 14 -4 Communi Buildin 0 10 +10 Total 345 344.6 299 -46 The chart provided above shows the difference between what is re~luired by the Zoning Ordinance and what is provided on the Site. As pats 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 Domes 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 Development 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 appro~je Vesting Tentative Tract Map 7943 subject to the findings and Conditions of Approval contained in the a~:tached 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 dis sussed 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 attach~:d 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 C~~nditions 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 betwee~i 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 de~ielopment which includes affordable family apartments, affordable senior apartments, market-rate attac Zed 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 uni~lue 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 (Attachm~~nt 1} recommending City Council certification of an Environmental Impact Report for the Arroyo Vista Project; b) Resolution (Attachment Page 8 of 10 2) recommending that the City Council approve a General Plan Am~:ndment to change the designation of the Arroyo Vista Project Site from Medium-Density Residential to lb[edium/1-sigh-Density Residential and Public/Semi-Public and allow for attached and detached housing units in the 1Vledium/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 3ackson Street Hayward, CA 94544 Citation Homes Central 404 Saratoga Avenue St.ite 100 Santa Clara, CA 95050 Dublin Housing Authority 6700 Dougherty Road 941-0007-001-07 Medium-Density Residential None Public Housing Location Toning General Plan 1Land Use Current Use of Pro e Site PD (Plamied Medium Densiy Public Housing Development) Residential (existing) Medium/High :Density Residential ( r~~ osed} North PD (Planned Medium Densi :y Housing Develo ment) Residential South PD (Plarnied MediumlHigh Density Housing Develo ment} Residential East A 'culture Public Lands Cam Parks West PD (Plamied Medium Densi~:y Housing Develo ment) Residential Page 10 of 10