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HomeMy WebLinkAbout7.1 Report on DUSD Proposed Acquisitions of Dublin Ranch Area GPage 1 of 6 STAFF REPORT PLANNING COMMISSION DATE: March 13, 2018 TO: Planning Commission SUBJECT: Report on Dublin Unified School District’s Proposed Acquisition of the Dublin Ranch Area G Property and General Plan Conformity Prepared by:Mandy Kang, Senior Planner and Lauren Quint, Assistant City Attorney EXECUTIVE SUMMARY: The Dublin Unified School District (DUSD) is considering the acquisition of real property within the City of Dublin for use as a public school. The subject property consists of approximately 25.1 acres located at the southeast Corner of Chancery Lane and Central Parkway, known as Area G or more commonly known as “The Promenade” property. The majority of the site has a General Plan land use designation of Neighborhood Commercial, with a smaller portion designated Public/Semi-Public. In accordance with Public Resources Code 21151.2, DUSD provided the City with written notification of its proposed acquisition, which provides the Planning Commission with an opportunity to investigate the proposed site and provide a written report of the investigation and recommendation. In addition, per Government Code section 65402, prior to DUSD acquiring the property, the Planning Commission must review the proposal for consistency with the General Plan. The proposed use of the site for a school is inconsistent with the existing Neighborhood Commercial land use designation in the General Plan. Understanding that DUSD has identified the need for an additional school site, if the District proceeds with the proposed site acquisition and uses their ability to override applicable zoning ordinances, recommendations are provided in order to help ensure compatibility with the surrounding uses. RECOMMENDATION: Staff recommends that the Planning Commission approve the Written Report of the Planning Commission to the Dublin Unified School District pursuant to Public Resources Code §21151.2 and Government Code §65402, for submission to the Dublin Unified School District. SITE DESCRIPTION: The subject property consists of approximately 25.1 acres located at the southeast Corner of Chancery Lane and Central Parkway as shown in Figure 1 below. The APN’s Page 2 of 6 are 985-0078-002, 985-0078-003, 985-0078-004, 985-0078-005. 985-0078-006, and 985-0078-007. The site is currently empty and commonly referred to as “Dublin Ranch Area G” or the “Promenade” property. Figure 1. Subject Property The property has a General Plan land use designation of Neighborhood Commercial and Public/Semi-Public and is zoned Planned Developmen t. The property is surrounded by Medium Density Residential to the north, Medium -High Density and High Density Residential to the east, Parks/Public Recreation and High Density Residential to the west, and Mixed Use commercial and residential uses to the south. The Dublin Unified School District (DUSD) is considering the acquisition of the subject property in the City of Dublin for use as a public school. In accordance with Public Resources Code 21151.2, DUSD has provided the City with written notificat ion of the proposed acquisition (Attachment 1). The Public Resources Code states that “to promote the safety of pupils and comprehensive community planning the governing board of each school district before acquiring title to property for a new school site or for an addition to a present school site, shall give the planning commission having jurisdiction notice in writing of the proposed acquisition. The planning commission shall investigate the proposed site and within 30 days after receipt of the notice shall submit to the governing board a written report of the investigation and its recommendations concerning acquisition of the site.” In addition, the law provides that the governing board shall not acquire title to the property until the report of the Planning Commission has been received, and if the report does not favor the acquisition of the property for a school site, the governing board of the school district shall not acquire title to the property until 30 days after the report is received. Finally, pursuant to Government Code section 65402(a), the acquisition of a property by a public agency must be reviewed by the Planning Commission for consistency with the Page 3 of 6 General Plan, and a determination as to this consistency must be made within forty (40) days. ANALYSIS: Consistency with the General Plan (Government Code §65402): The acquisition of the site for use as a public school is not consistent with the General Plan land use designation of Neighborhood Commercial. The majority of the proposed school site (approximately 22.0 acres) has a current General Plan land use designation of Neighborhood Commercial which provides for the creation of community and neighborhood oriented commercial centers that serve the retail, service and entertainment needs of the community. A small portion of the site (approximately 3.1 acres) has a General Plan land use designation of Public/Semi - Public which provides for a combination of public facility and semi-public facility land uses. Uses allowed within the Neighborhood Commercial designation include, but are not limited to: office uses which provide neighborhood and citywide services such as real estate, accounting and legal establishments; local-serving commercial services such as laundries, dry cleaners, beauty salons or finance establishments; local and community serving retail; restaurants and bars; hotels and bed -and-breakfast inns; and entertainment and cultural facilities. Uses allowed within the Public/Semi -Public designation include, but are not limited to: child care centers, youth centers, senior centers, special needs program facilities, religious institutions, clubhouses, community centers, community theatres, hospitals, private schools and other facilities that provide cultural, education, or other similar services and benefit the community. The current Neighborhood Commercial land use designation does not allow for use of the site as a public school. Consistency with the Zoning Designation: The acquisition of the site by DUSD to operate a public school is not consistent with the current zoning designation for the subject site and the proposed use does not conform to the requirements of the Planned Development Zoning Development Plan for Dublin Ranch Area G. The site is part of the Eastern Dub lin Specific Plan which highlights many policies and guidelines related to the overall development of sites designated for commercial uses within a neighborhood. The site is part of a Planned Development Zoning District (Ordinance No. 06-00) with a specific development plan for Dublin Ranch Area G. The Planned Development identifies specific uses for Public/Semi -Public sites which would allow uses such as, but not limited to public facilities, community centers and religious facilities. The majority of the site is designated PD-Village Center (Neighborhood Commercial) and would include, but not be limited to the following uses: drug stores, bakeries, small retail, offices and small eating, drinking and entertainment establishments. Page 4 of 6 There are several other development standards in the Planned Development Zoning which address vehicular streets, sidewalks and streetscape elements, open spaces, pedestrian circulation, etc. throughout the site. The overall intent for this site was to have six PD-Village Center parcels and one Public/Semi-Parcel parcel, with a network of small streets connecting the neighborhood to shopping areas. A public school is inconsistent with the existing requirements and standards set forth above. DUSD’s Ability to Render Zoning Inapplicable In general, although there is no explicit requirement that local agencies, such as DUSD, comply with general plans, local agencies are required to comply with applicable zoning ordinances of the City in which the territory of the local agency is situated. (See Gov. Code, § 53091.) However, the governing board of a school district, “by a vote of two - thirds of its members, may render a city or county zoning ordinance inapplicable to a proposed use of property by the school district.” (Gov. Code, § 53094, subd. (b).) Investigation and Recommendations (Public Resources Code §21151.2) An investigation of the site has been completed and the following recommendations are made in accordance with Public Resources Code §21151.2. Understanding that DUSD has identified the need for an additional school site, if the District proceeds with the proposed site acquisition and utilizes their power to override applicable zoning ordinances, the Planning Commission offers the following recommendations in accordance with Public Resources Code §21151.2. The District has not yet presented a development plan for the site. Therefore, the comments and recommendations are general in nature and should be considered when planning a school for this site in order to help ensure compatibility with the surrounding uses. It will also be important for the District to engage in a conversation with the surrounding residents during the design phase of the project. Site Planning The subject property was originally envisioned as a walkable, neighborhood serving commercial center that is surrounding by existing dense townhomes, condominiums and apartments. These residential units were designed with the presumption that this site would ultimately develop with small scale commercial uses. Therefore, DUSD should use sensitive site planning to maintain a high quality of life and reduce potential negative impacts to the surrounding neighborhoods with the operation of a school on this site. The following are general comments regarding site planning: • Buildings, parking areas, and play fields should be located in such a manner to reduce impacts to surrounding residential uses. o Careful consideration should be given to the placement of on -site play fields and the impact resulting from lights, public announcement equipment, and general noise during the day time, evenings and weekends. o Parking areas should be located to reduce visual impacts, noise impacts, and nuisances to surrounding residents. o Adequate parking should be provided to ensure that overflow parking does not impact the surrounding neighborhoods. o Building placement should be carefully considered given the close proximity of residential uses, including the potential visual impacts of Page 5 of 6 buildings and noise impacts generated by the use of a class bell system and areas for students to congregate. • The homes fronting on to the site have a minimal setback and separation to the site. It was anticipated that future development of the site would include a buffer separating the uses. Please consider providing a generous buffer, such as landscaping, to separate these homes from the proposed school. • The interface with the adjacent 2 acre Devany Square should be taken into consideration when creating the site plan for the school. Traffic and Circulation The City has planned a comprehensive circulation network through the General Plan and the Bicycle and Pedestrian Master Plan. The intent is to facilitate movement by all modes of transportation through the site and to facilitate connections the surroundin g neighborhoods. Careful consideration to the location and design of the access points to the school is critical to ensure efficient circulation to and from the school while minimizing impacts to the surrounding neighborhoods. The City would like to collab orate with DUSD on traffic and circulation. Therefore, we request that DUSD consult with the City’s Transportation and Operations Manager early and often during the design process. The following are general comments regarding traffic and circulation: • The General Plan and the Bicycle and Pedestrian Master Plan should be consulted and adhered to as best as possible to facilitate full and efficient connectivity for all modes of transportation. • The location of the primary and secondary access points to the school site should be designed to minimize potential impacts to the roadway network and surrounding neighborhoods. • Access and circulation by all modes of transportation (i.e. vehicles, pedestrians and bicycles) should be considered when designing the site. • The loading and unloading of students from buses and vehicles should be coordinated with pedestrian entrances. • Currently, Grafton Street is planned to connect north/south through the site and Finnian Way is planned to connect east/west through the site. Consi deration should be given to the development of the site and impacts to access and circulation to and through the site. • Similarly, a future extension of the Class 1 bike path is planned to extend along the western side of the site from Central Parkway to Dublin Boulevard, between the Neighborhood Commercial and Public/Semi-Public parcels. This pathway will connect northern neighborhoods to the commercial areas south of Dublin Boulevard. Consideration should be given to maintaining such a planned connection. Public Works • There are future planned public improvements that still need to be implemented as part of the site improvements, including but not limited to street extensions, street widening, traffic signals, street dedication, and easement dedications. • The proposed project site is located in the Dublin Ranch Water Shed and will require coordination with the Dublin Ranch Home Owner’s Association. • The proposed project will also be subject to the clean water requirements of the Municipal Regional Permit (MRP), as applicable, including provisions C-3, C-6 and C- 10. Report to DUSD Page 6 of 6 A written report of the above findings is included as Attachment 2 of this Staff Report. The Planning Commission may choose to incorporate some or all of the comments set forth into the report. ENVIRONMENTAL REVIEW Determination of compliance with the General Plan is not considered a project as defined pursuant to Section §21065 of the California Environmental Quality Act (CEQA), and therefore no further environmental review is required at this time. Should DUSD proceed with the development of a school on this site, that would be considered a project and subject to review under CEQA. NOTICING REQUIREMENTS/PUBLIC OUTREACH Per Section 8.132 of the Zoning Ordinance, a Notice of Public Hearing is only required when a Public Hearing is required for certain projects. Since determination of compliance with the General Plan is not considered a project, a Public Hearing is not required, and therefore, a Notice of Public Hearing is n ot required. It is anticipated that future actions by DUSD to acquire the site and construct a school would be subject to a public notice ATTACHMENTS: 1. Notice of Proposed School Site Acquisition from DUSD, dated February 14, 2018 2. Written Report of the Planning Commission to DUSD Pursuant to Public Resources Code §21151.2 and Government Code §65402 Page 1 of 2 WRITTEN REPORT OF THE PLANNING COMMISSION TO THE DUBLIN UNIFIED SCHOOL DISTRICT PURSUANT TO PUBLIC RESOURCES CODE §21151.2 AND GOVERNMENT CODE §65402 The Planning Commission of the City of Dublin finds that the proposed acquisition of approximately 23 acres located at the southeast corner of Chancery Lane and Central Parkway (APN’s 985-0078-002, 985-0078-003, 985-0078-004, 985-0078-005. 985-0078-006, and 985- 0078-007) is inconsistent with the General Plan and associated Zoning Ordinance. Understanding that the Dublin Unified School District has identified the need for an additional school site, if the District proceeds with the proposed site acquisition and utilizes their power to override applicable zoning ordinances, the Planning Commission offers the following recommendations in accordance with Public Resources Code §21151.2 . The District has not yet presented a development plan for the site. Therefore, the comments and recommendations are general in nature and should be considered when planning a school for this site in order to help ensure compatibility with the surrounding uses . It will also be important for the District to engage in a conversation with the surrounding residents during the design phase of the project. Site Planning The subject property was originally envisioned as a walkable, neighborhood serving commercial center that is surrounding by existing dense townhomes, condominiums and apartments. These residential units were designed with the presumption that this site would ultimately develop with small scale commercial uses. Therefore, DUSD should use sensitive site planning to maintain a high quality of life and reduce potential negative impacts to the surrounding neighborhoods with the operation of a school on this site. The following are general comments regarding site planning: • Buildings, parking areas, and play fields should be located in such a manner to reduce impacts to surrounding residential uses. o Careful consideration should be given to the placement of on-site play fields and the impact resulting from lights, public announcement equipment, and general noise during the day time, evenings and weekends. o Parking areas should be located to reduce visual impacts, noise impacts, and nuisances to surrounding residents. o Adequate parking should be provided to ensure that overflow parking does not impact the surrounding neighborhoods. o Building placement should be carefully considered given the close proximity of residential uses, including the potential visual impacts of buildings and noise impacts generated by the use of a class bell system and areas for students to congregate. • The homes fronting on to the site have a minimal setback and separation to the site. It was anticipated that future development of the site would include a buffer separating the uses. Please consider providing a generous buffer, such as landscaping, to separate these homes from the proposed school. • The interface with the adjacent 2-acre Devany Square should be taken into consideration when creating the site plan for the school. Traffic and Circulation The City has planned a comprehensive circulation network through the General Plan and the Bicycle and Pedestrian Master Plan. The intent is to facilitate movement by all modes of 2 of 2 transportation through the site and to facilitate connections the surrounding neighborhoods. Careful consideration to the location and design of the access points to the school is critical to ensure efficient circulation to and from the school while minimi zing impacts to the surrounding neighborhoods. The City would like to collaborate with DUSD on traffic and circulation. Therefore, we request that DUSD consult with the City’s Transportation and Operations Manager early and often during the design process. The following are general comments regarding traffic and circulation: • The General Plan and the Bicycle and Pedestrian Master Plan should be consulted and adhered to as best as possible to facilitate full and efficient connectivity for all modes of transportation. • The location of the primary and secondary access points to the school site should be designed to minimize potential impacts to the roadway network and surrounding neighborhoods. • Access and circulation by all modes of transportation (i.e. vehicles, pedestrians and bicycles) should be considered when designing the site. • The loading and unloading of students from buses and vehicles should be coordinated with pedestrian entrances. • Currently, Grafton Street is planned to connect north/south through the site and Finnian Way is planned to connect east/west through the site. Consideration should be given to the development of the site and impacts to access and circulation to and through the site. • Similarly, a future extension of the Class 1 bike path is pl anned to extend along the western side of the site from Central Parkway to Dublin Boulevard, between the Neighborhood Commercial and Public/Semi-Public parcels. This pathway will connect northern neighborhoods to the commercial areas south of Dublin Boulevard. Consideration should be given to maintaining such a planned connection. Public Works • There are future planned public improvements that still need to be implemented as part of the site improvements, including but not limited to street extensions, street widening, traffic signals, street dedication, and easement dedications. • The proposed project site is located in the Dublin Ranch Water Shed and will require coordination with the Dublin Ranch Home Owner’s Association. • The proposed project will also be subject to the clean water requirements of the Municipal Regional Permit (MRP), as applicable, including provisions C-3, C-6 and C-10.