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HomeMy WebLinkAboutAttach 5 Staff Report PC04-13-2004 AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: April 13, 2004 SUBJECT: ATTACHMENTS: PUBLIC HEARING: PA 02-063 Bancor Properties. San Ramon Village Plaza - General Plan Amendment, Planned Development Rezone Stage 1 and Stage 2 Development Plan, Vesting Tentative Map and Site Development Review Prepared by: Deborah Ungo-McCormick, Contract Planner o Resolution recommending City Council adopt a Mitigated Negative Declaration (Exhibit A which includes Initial Study ) including Responses to Comments (Exhibit A-1) and Mitigation Monitoring Program (Exhibit A-2). Resolution recommending City Council adopt the Resolution approving the General Plan Amendment to Mixed Use. Resolution recommending City Council adopt the Ordinance (Exhibit A) approving the Planned Development Rezone with related Stage 1 and Stage 2 Development Plan and project plans (Exhibit A- l). Resolution recommending City Council adopt the Resolution approving Tentative Vesting Map 7437 and Site Development Permit for the entire site (with Public Work Standard Conditions attached as Attachment A) San Ramon Village Plaza - spiral bound proposal dated March 15, 2004 (Plamfing Commission only) RECOMMENDATION: 2. 3. 4. 5. 6. Hear Staff presentation. Open Public Hearing Take testimony from the Applicant and the public. Question Staff, Applicant and the public. Close the public hearing and deliberate. Adopt the Resolution (Attachment 1) recommending City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring Program Adopt the Resolution (Attachment 2) recommending City Council approve a General Plan Amendment, Adopt the Resolution (Attachment 3) recommending City Council approve an Ordinance (Exhibit A) approve a Planned Development (PD) Rezone/Stage 1 Development Plan and Stage 2 Development Plan (with Development Plan attached as Exhibits A-1 and A-2), and Adopt the Resolution (Attachment 4) approving the Vesting Tentative Map 7437 and the Site Development Review. COPIES TO: Applicant Property Owners PA file I? : J ENT 5 PROJECT DESCRIPTION: The project site is located within the Dublin Primary Planning Area. It consists of a 4.62- acre irregular property on San Ramon Road that consists of three parcels and is currently developed with a neighborhood shopping center known as San Ramon Village Plaza. The shopping center is generally underutilized and in need of upgrading. Current uses include three restaurants, a liquor store, lawnmower shop, a wash & dry, a jewelry store, a window/roofing store, a cards and comics store, a nail salon, and a furniture store. The site is located east on San Ramon Road, north of Bellina Street and south of Alcosta Boulevard. Surrounding uses include single-family residential development to the south and west, a gas station adjacent at the northwest comer of the property and commercial/retail development across Alcosta Boulevard to the north and north west. Interstate 680 is located to the east of the project site and a Zone 7 channel abuts the site in the south east comer. The site topography is generally fiat, except that the grade of the street and sidewalk along the San Ramon Road frontage is higher than the subject property particularly at the south west end of the site. The site contains some vegetation consisting of pear trees within a landscape strip along the San Ramon Road frontage, with Monterey pines and shrubs planted at the easterly perimeter of the property, and several elm trees located at the southerly portion of the property. Additional trees are dispersed throughout the parking lot. The shopping center was originally approved by a Site Development Permit by the County of Alameda Planning Department in 1970. The center included a Lucky's Store (where the furniture store is currently located) and several smaller retail/office uses. A number of sign variances were approved by the County of Alameda for various tenants from 1970 until it was annexed to the City of Dublin in the 1980's. Several administrative use permits have been approved by the City of Dublin to allow recycling centers on the site. In October 1998, the Dublin City Council denied an application to rezone the northerly half of the site to Planned Development District to allow Animal Sales and Services, Health and Services Clinics and Schools (commercial) in addition to the standard uses permitted in the CN District. Bancor Properties currently holds an option to purchase the entire 4.62-acre site contingent upon approval of all required planning entitlements by June 30, 2004. Upon approval of the planning entitlements, Bancor Properties will take ownership of the site and commence construction of the mixed-use project described below. Project concept: The proposed development consists of the demolition of approximately 34,000 sq. ft. of commercial buildings and parking lot area in the south portion of the site to provide for the construction of 56 residential townhouse- style condominium units, and the remodeling of the remaining 14,377 sq. ft. of existing commercial building in the north portion of the site to compliment the residential project. The Applicant is requesting approval of a planned development project that would integrate the two development areas to create a pedestrian-oriented mixed-use village. The two development areas will be connected by an internal private road that provides direct access onto the site from an existing drive on Alcosta Boulevard and an existing driveway on Bellina Street. A new driveway is proposed on San Ramon Road to provide access to the commercial parking lot. The design of the townhouse-style condominiums includes detailed architecture and a traditional walk-up row house appearance. There are a total of 11 buildings with 4 to 8 units in each building. The units are placed so that the "best view" or the front of the buildings face the remodeled retail center and parking lot, Bellina Street, the main street within the project (Bellina Commons) and the adjacent neighborhood to the south. Placement of the buildings is such that all the garages face alleys at the rear of the units thereby reducing the visibility of the garage doors as much as possible. The residential component will also include new common open space areas and a tot lot. The retail commercial component will be remodeled in architectural style and colors that are compatible with the architectural style and color palette of the residential development. The goal is to complete the remodel with as little disruption to existing tenants during the construction of the project. A master landscape plan is proposed for the entire site that will also serve to integrate the two development areas. The development concept is further depicted in the Development Plan and project plans (Exhibits A-1 of Attachment 3). Stage 1 and 2 Development Plan: The Dublin Zoning Ordinance established the intent and requirements of a 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 that would otherwise be possible under a single zoning district or combination of zoning districts. The Planned Development district'requires that a Stage 1 and 2 Development Plan be adopted to establish regulations for the use, development, improvement and maintenance of the property within the requested Planned Development District. The Applicant is applying for a Stage 1 and 2 Development Plan for the subject site in accordance with the City's Zoning Ordinance. The Stage 1 and 2 Development Plan for the entire 4.62 acres would establish the land uses and densities allowed within the entire site. The land use designations and proposed development mix consists of retail/office uses in the northerly portion of the site and medium density residential in the southerly portion of the site. The proposed mix is depicted in Sheet 4 of the project plans. (Exhibit A-1 of Attachment 3). 1. Site area, proposed densities and phasing plan. The following table describes the distribution of uses and densities on the overall site. The development of this project is proposed in two phases. Phase One consists of construction of improvements within Lots 1 and 2 including the redevelopment of the north portion of the commercial site, construction of 43 residential units with associated streets, guest parking, sound wall, landscaping and fencing, tot lot and common areas, and the undergrounding of utilities along San Ramon Road. Phase Two includes construction of the remaining 13 condominium units with private streets and drives to access said units. PHASE LOT/ MAXIMUM NO. ACRES DU'S/AC PD NO. PARCEL DWELLINGS/ STAGE BUILDING AREA NO. 1 2 43 Condominiums and 2.23 19.28 1 and 2 common open space 2 3 13 condominiums .71 18.30 1 and 2 SUBTOTAL: 56 Condominiums 2.94 18.02 1 and 2 ! I 14,377 sq ft. of 1.68 0 I and 2 commercial retail TOTAL I, 2, 3 56 4.62 12.2 1 and 2 Uses: The proposed Development Plan includes a list of permitted and conditional uses and development regulations that are specific to this project. Permitted uses for the commercial component are generally consistent with the CN Zoning District and for the residential uses are consistent with the RM District. Therefore, residential uses are not permitted in the area shown for retail/office and similarly retail/office uses are not permitted in the residential development area ( Sheet 4 of project plans). To allow residential uses in the area shown as retail office or commercial in the area proposed as medium density residential would require an amendment of the Stage 1/Stage 2 PD. Standards: Under the planned development provisions, the Applicant is requesting flexibility in public street front yard setbacks for the residential development to allow a 10 ft. minimum setback on San Ramon Road and Bellina Street. The RM zoning standards, which establish a minimum 20 ft. front yard setback, would typically be applied to medium density residential development. The Applicant is also proposing a maximum height of 36 ft. adjacent to Buildings 4 and 5. The CN District height standards would typically be applied for the commercial component with a maximum height limit of 35 ft., where the commercial building is adjacent to residential uses. The City has approved planned development high-density residential projects that have allowed some deviations from RM setback standards. The Archstone project (PA#99-019) on Dougherty Road and The Villas at Santa Rita (PA#97-007) on Hacienda Dr. were both approved with minimum of 15 front yard setbacks (from back of curb). In both cases, however, the long sides of buildings are placed parallel to the street. In the case of the San Ramon Village Plaza project, the buildings are placed at an angle to San Ramon Road and Bellina Street with the narrow sides of the buildings facing those streets. Only the comers of the buildings will be placed at 10 ft. from the property line. Additionally, there is are existing trees and an existing 10 ft. hedge along San Ramon Road that will be retained and incorporated into the new landscaped setback that will include trees and shrubs. Thus, the total distance between back of curb on San Ramon Road and the comer of the building will be between 15 and 20 ft. Along Bellina Street, in addition to angled placement of the buildings, the project includes new street trees and trees within the landscaped setback. Therefore, Staff feels that the project has been designed in a manner where there will be minimal impacts from the deviation in setback requirements of the RM standards. Regarding the height deviation, it involves a one-foot deviation to accommodate the pitch of the new tower element; the adjacent residential buildings will be 7 to 8 ft. taller; and other buildings or sites are much higher than the proposed 36 ft. element. Thus, the one-foot height deviation from CN height standards would not be incompatible with the existing and proposed development of the area. Inclusionary Zoning Regulations: The project will comply with the Inclusionary Zoning Ordinance and any City Council Resolution relating to that ordinance in effect at the time of the issuance of the first building permit for this project. The regulations recently adopted by the City Council require new residential projects to provide 12.5% of the total number of dwelling units with the development as affordable units. The project proposes to comply with the Inclusionary regulations by constructing all 7 required affordable units. The affordable units are dispersed throughout the project site. The affordable housing ordinance would generally require that the project provide 2 three bedroom units and 2 four bedroom units for moderate income households (80% - 120% of median income), 1 three bedroom unit for low income households (50% - 80% of median income), and 1 three bedroom and 1 four bedroom unit for very low income households (50% - 80% of median income). General Plan Consistency: The project site is currently designated Retail/Office which does not allow residential uses. The Applicant is requesting approval of a Mixed Use designation to allow retail/office and medium density residential over the entire 4.62 acre site for an overall site density of 12.2 units per acres. An amendment of the General Plan Land Use Map Figure 1-1 a and of Table 2.4 Potential Residential Site - Primary Planning Area is required to allow mixed use on this site. The proposed mixed-use designation at the San Ramon Village Plaza site supports the following General Plan Guiding Policies and Implementation Policies: Residential Land Use - 2.1.1 Housing Availability. Guiding Policy A encourages housing of varied types, sizes and prices to meet current and future needs of all Dublin Residents (Same as Housing Element Goal #1). 4 Implementation Policy B recommends designation of sites available for residential development in the primary planning area for medium and medium-high density where site capability and access are suitable and where the higher density would be compatible with existing residential development nearby. The proposed redesignation of this site to a mixed retail/office and medium density residential land use would provide for the construction of housing of varied types, sizes and prices in accordance with Guiding Policy A and Implementation Policy B. The proposed mixed use project includes a medium density residential component that is includes town house style condominiums and common open space areas to create a neighborhood environment that is compatible with the surrounding single-family residential neighborhoods. Residential Land Use - 2.12 Neighborhood Diversity. Guiding Policy A - Avoid economic segregation by City sector. Implementation Policy B states that medium and medium-high residential densities shall be allocated to development sites in all sectors of the primary planning area. The proposed introduction of housing at the San Ramon Village site will also be consistent with these policies in that it provides for the construction ora variation of housing types, sizes and prices of units to what is typically available in this sector of the primary planning area. The project will also include affordable housing units interspersed with the market rate units so that they are fully integrated in the fabric of the neighborhood. Residential Land Use - 2.13 Residential Compatibility: Guiding Policy A - Avoid abrupt transitions between single-family development and higher density development on adjoining site. Implementation policies B requires that all plans respect the scale of residential development nearby. The project proposes three story condominiums where the adjacent single-family neighborhood consists of primarily one and two-stories in height. However, the project setbacks, open space and landscaping and architectural detailing of the town house-style units provide appropriate transitions between adjacent single-family residential neighborhoods. The project includes a planned development rezoning application, which is consistent with Implementation Policy C - Require a planned development zoning process for all development proposals over 6.0 units per gross residential acres. Commercial and Industrial Land Use - 2. 2. 3. Neighborhood Shopping Centers: Guiding Policy A - Strengthen existing neighborhood shopping centers (including San Ramon Village Plaza). The proposed redevelopment of the San Ramon Village Plaza site is consistent with this guiding policy in that the redevelopment of the shopping center will help enhance the economic viability of the retail component and the introduction of medium density residential uses within the project site will increase the population in the area to help support the existing and new businesses. Vesting Tentative Map: The existing site contains three parcels (See Sheet 4 of project plans). The developer has submitted Vesting Tentative Map 7437 that proposes the re-subdivision of an existing 4.62-acre parcel into 3 lots. Lot 1 will contain the remaining commercial use, Lots 2 and 3 will contain 56 town house-style units with private streets, common open space areas, including a tot lot and passive seating areas. A condominium map will be required for subdivision of the 56 residential units. Primary access to the site is provided by three public streets, Alcosta Boulevard, San Ramon Road and Bellina Street. Improvements provided by the Vesting Tentative Map, along with the Conditions of Approval, address construction and dedication, street improvements, circulation and access, drainage, utilities, landscaping, and the under grounding of utilities. Street improvements and right-of-way dedications are shown in detail on the Vesting Tentative Map and Landscape Plans contained in the project plans Sheets C-1 to C-3 and L-1 All improvements will be installed by the Applicant/developer. Maintenance of landscaping, private streets and common open space will be the responsibility of a Homeowners Association for the project. Conditions, Covenants and Restrictions (CC&Rs) shall be adopted to ensure that there is adequate provision for the maintenance, in good repair and on a regular basis, of the landscaping, irrigation, fences, walls, drainage, lighting, signs and other improvements in private common areas and within the adjacent street frontage right of way along Bellina Street, San Ramon Road and Alcosta Boulevard. The Developer shall submit a copy of the CC&R document to the City for review and approval relative to this condition. Site Development Review: Architecture: The residential project consists of 11 town house-style buildings that contain 4, 5 and 8 residential units per building. The floor plans and elevations, prepared by the Dahlin Group, are included in Sheets A-4 through A- l 8 of the Architectural Plans in the project plans. The town-home style buildings consist of three-story buildings with garages on the first level and two levels of residential space above. The maximum height would be approximately 41.5 ft. which is consistent with the maximum allowable heights in the RM district. The floor area ranges from 1,186 sq. ft. to 1,642 sq. ft. The building surface would be colored stucco with asphalt tile roofs. Balconies and porches would have wrought iron railings. The architecture style is contemporary with traditional elements and the color scheme consists of earth tones with darker and more vivid accent colors. (Sheet A-16 of project plans) The townhouse-style buildings are placed in clusters of 4 to 8 units that are arranged to face house entries into paseos or private streets, with access to each garage from common private drives. All units include a small front balcony or porch in the first living floor area and a small deck in the rear. Each unit includes two garage spaces. Side elevations are treated with the same level of detail as the front of the units. Some of the end units include a metered closet with louvered metal doors painted to match the main building. The affordable units have been integrated within the center portion of each building. As permitted by the Affordable Housing Ordinance, the units are smaller (narrower) than the market rate units, but have been designed with the same number of bedrooms, bathrooms and decks/balconies. The sensitive use of design elements on elevations that face paseos, drives or streets contribute to an overall well-designed project. The development concept is depicted in the diagrams included in the Stage 2 Development Plans. Because of its adjacency to San Ramon Road and 1-680, the site is subject to noise levels of 65 and greater dBA. Sound-rated building construction shall be utilized to achieve acceptable indoor noise levels per the State Building Code and the City's Noise Element. All residential units will require mechanical ventilation to allow the windows to be closed for noise control. A 10 ft. sound wall is required along the boundary with 1-680 to reduce noise at the outdoor use area at the end of buildings 2 and 3, and for buildings 2, 3, and 4. This is required to mitigate noise to less than 70 dBA, which is considered "conditionally acceptable". The noise study indicates that as an alternative, a shorter wall (8-9 ft) may be constructed immediately adjacent to the sitting garden to block freeway noise and make this area usable. This, however, would result in noise reduction only within the immediate vicinity of the sitting area. Therefore, Staff is recommending that the sound wall be required along the entire east property boundary adjacent to the e residential area to help reduce the freeway noise levels for the lower levels of the residential buildings (See condition 6 of Vesting Tentative Map). Some porches, decks and common open space areas would be exposed to a CNEL 65 or greater. In order to conform to the City's noise policies for exterior recreation areas, porches, balconies and decks that are exposed to CNEL of 65 or greater (Buildings 1, 2, 3, 4, 9 and 10) would need to be redesigned (i.e. partially or fully enclosed with glass. A condition of approval of the Site Development Permit requires potential redesign as needed to meet the City's Noise policies accordingly. Additionally, the condition requires that an accoustical consultant shall review design of the residential units to ensure that the project meets the State Building Code and the City's Noise Element. Several other residential developments have been constructed in the City with partially enclosed balconies (Waterford, California Highlands). However, the Applicant is requesting that the condition be revised on his project to allow the potential elimination of balconies and porches to be eliminated if the sound levels do cannot meet the City's Noise Element standards for exterior recreation areas. Staff does not support the elimination of porches, balconies or decks as they provide private recreation space for residents and serve to enhance the building elevations. Any such change should be discouraged and would require review by to the Planning Commission and approval by City Council. The remodeling of the retail development will include new rooflines with two-story elements at the ends of the building and a new tower element in the middle of the building. The building exterior will be resurfaced with colored stucco compatible with the residential development (See Sheet A-2 of project plans). Metal roofing and canopies, wrought iron railings and awning provide architectural details. The rear of the building (facing 1-680) will also be remodeled to include new stucco treatment, columns to provide a visual break and metal awnings with landscaping. A condition of approval of the Site Development Review requires that the Applicant submit a new integrated master sign program for the entire site under separate application (See condition 56 of Site Development Review). ParMng/Streetscape: On-street parking for the residential development is provided at a 2:5 ratio per residential unit. Each unit will have a two-car garage at the first level. The affordable units will have two garage spaces in tandem. Guest parking is provided at a ratio of 0.5 space per unit, as required by City Code. Non-designated guest spaces are primarily located along the main private street into the project (Bellina Commons) with additional spaces provided at the end of Buildings 2 and 8. Building 9 includes driveway approaches in front of the garages that serve as designated guest spaces for those units. Additional on-street parking is available on Bellina Avenue which would be available to guests and residents of the project. The commercial portion of the development includes 93 spaces in two parking areas. This conforms to the City On-street Parking Ordinance requirements for the proposed commercial space and uses. The parking lot in front of the retail space will be re-striped and re-landscaped to accommodate 75 spaces. In addition, a new driveway will be constructed on San Ramon Road to improve circulation in and out of the shopping center. Traffic movements at this drive will be limited to right turn in and right turn out. The existing truck loading area in the rear parking area will be demolished and the area will be re-striped and landscaped to accommodate 18 parking spaces and a new trash enclosure. It is anticipated that this parking area will be used primarily by employees but will be available for tenants to accommodate potential overflow conditions from the retail and restaurant businesses. A parking exhibit is provided on Sheet 5 of the project plans. Fence Plan: The Applicant proposes primarily three types of walls/fences. An ornamental 4 - 6 fl. wrought iron fence is proposed along the San Ramon Road and Bellina Road frontage along the residential portion of the project and adjacent to the Zone 7 channel. The decorative wrought iron fence along the Zone 7 channel is different from the Zone 7 standard 6-feet high, black, vinyl coated fencing, and thus maintenance of the wrought iron fence will be the responsibility of the Home Owners Association (not Zone 7). A wrought iron fence with wood inserts for added privacy is proposed between buildings 4 and 5 and the commercial building and rear parking area. A sound wall to match the existing sound wall along 1-680 to the south of this project is proposed as mitigation to address potential sound impacts to new residents. The location of walls are shown on PD Sheet L- 1. Exhibit. Details of the fences are provided on Sheet L-6 - Landscape Images and Details. Conditions of approval for the project require that the final landscape plan address appropriate use of planting to soften the look of the sound wall. 7 Landscape Plan: The Preliminary Landscape Plan is shown on Sheets L-1 and L-2 of the Development Plan. The site currently contains 47 trees. The project proposes the removal of 28 trees, none of which are considered heritage trees. New trees are proposed at a greater than 3:1 replacement ratio and are proposed primarily as 24-gallon with 36- inch box accent trees. The Landscape Plan retains all but 2 of the existing Pear Trees along the San Ramon Road frontage. Two Pears trees would be removed to accommodate the new commercial driveway on San Ramon Road. In addition, the project is required to underground existing overhead utilities along San Ramon Road frontage. The Applicant has also agreed to underground utilities along the Shell station frontage (otherwise a small portion of overhead utilities would remain). Such under grounding of utilities may require removal of the 3 existing pears trees in the Shell station frontage on San Ramon Road. A condition of approval requires the replacement of these trees with 24-inch gallon trees if removal becomes necessary to accommodate undergrounding of utilities. The Landscape Plan provides a landscape design that includes a wide variety of street trees, shrubs, vines, perennials and groundcovers to form a coordinated landscape design for the project. Landscaping is of a formal nature, which is designed to enhance the development of the built environment and integrate the two development areas. Magnolias are proposed as the street tree along the main drive that connects both developments and between the residential development and commercial parking lot. London Plan trees are proposed as street trees along Bellina Street and River Birches are proposed along the southern edge next to the Zone 7 channel. The existing pear trees will be integrated within a landscape planter along the San Ramon Road frontage. Coast Redwoods are proposed along the east boundary to provide a strong visual buffer between the residential development and the freeway. The use of Coast Redwoods at this location may not be appropriate because their growth patterns might be in conflict with existing PG&E power lines along the east property boundary. Staff will work with the Applicant's landscape designer to select a tree species that provides the desire visual density, but does not potentially conflict with the overhead power lines. The final selection of trees will be determined in coordination with the City's Landscape Consultant during review of the final map. Open Space and Recreation: The residential project includes three areas of common open space: a tot lot that is located to the east of Bellina Commons; a sitting area at the end of buildings 2 and 3; and, a lawn/sitting area between buildings 8 and 9 along Bellina Road. In addition, the project proposes a Public Art Plaza area that would be partially located within the public right-of-way at the comer of San Ramon Road and Bellina Street. The Applicant indicates that the project will include a public art piece and that this area will be maintained by the Homeowners Association. The Applicant will be working with the staff charged with coordination of public art in Dublin in the selection of the public art piece. Final siting and design of the public art plaza will require review by the City Engineer to ensure that this feature meets site distance requirements and that it does not conflict with utilities. Final design shall be included in the final landscape plan for the project (See Condition 42 of the Site Development Review). A pedestrian network provides access from the residential units to each of the common open space areas and public plaza. The total common open space for the project includes approximately 42,428 sq. ft. or approximately 800 sq. ft. of open space per unit. The total amount of open space exceeds 30% of the residential site in accordance with open space requirements of the RM District. The project also includes individual decks and balconies for each condominium unit. As indicated in the Architecture discussion regarding Noise sensitive receptors, some these private recreation features shall need to be designed to conform to the City's Noise Element for outdoor recreation uses. 8 Timing of Approvals: Although the Planning Commission is generally the approval body for the Site Development Review and Vesting Tentative Map, Staff recommends that the Planning Commission not take action on these items and send the entire package forward to the City Council for approval. Per Section 8.96.20.C.3 allows the Planning Commission to transfer original hearing jurisdiction to the City Council at its discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project. This project is listed on the City Council's Goals and Objectives for Fiscal Year 2003-2004 as a high priority project. Therefore, it is important that the City Council take the final action on the entire Application. ENVIRONMENTAL REVIEW: Pursuant to the California Environmental Quality Act, the City prepared an initial study for the project, including the General Plan Amendment, Planned Development Rezone/Stage 1 PD, and Stage 2 PD and Site Development Review and Vesting Tentative Map to assess whether the project would result in any potential significant environmental impacts. The Initial Study (Exhibit A of Attachment 1) identified the following potential environmental impacts: · Potentially significant air quality impacts during construction. · Potentially significant impacts to unknown cultural resources · Project improvements may be subject to strong seismic ground shaking. · Presence of asbestos in existing retail building · On-site erosion during construction activities. · Temporary noise impacts during construction activities. · Permanent noise impacts due to traffic The Initial Study identified mitigation measures that, once implemented, would reduce the potential impact to the point where the net effect of the project is insignificant. Based on this, a Mitigated Negative Declaration and Mitigation Monitoring Plan is proposed for this project. Mitigated Negative Declaration with Initial Study was filed with the Alameda County Clerk and circulated to applicable agencies for review and comments during a 20-day review period beginning March 3, 2004. One letter of comment was received from Alameda County Flood Control and Water Conservation District (Zone 7) on March 30, 2004. Responses to this letter are included as part of Exhibit A-1 of Attachment 1 and will become a part of the Mitigated Negative Declaration for the project. CONCLUSION: This application has been reviewed by the applicable City Departments and agencies, and their comments have been incorporated into the Stage 1 and 2 Development Plan and conditions of approval for Vesting Tentative Map and Site Development Permits. The proposed project is consistent with the Dublin General Plan, and represents an appropriate project for the site. The Planning Commission is charged with the approval of vesting tentative maps and site development reviews, while the City Council approves rezonings (Stage 1 and Stage 2 Development Plans) and general plan amendments. However, since this project was consider a high priority project in the City Council's 2003-2004 Goals and Objectives, Staff is recommending that the Planning Commission transfer approval of the Vesting Tentative Map and Site Development Review to the City Council. It is recommended that the Planning Commission: 1) Hear Staff presentation; 2) Open Public Hearing; 3) Take testimony from the Applicant and the public; 4) Question Staff, Applicant and the public; 5) Close the public hearing and deliberate; 6) Adopt the Resolution (Attachment 1) recommending that City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring Program; 7) Adopt the Resolution (Attachment 2) recommending that City Council approve a General Plan Amendment; 8) Adopt the Resolution (Attachment 3) recommending that City Council approve an Ordinance (Exhibit A) approving a Planned Development (PD) Rezone/Stage 1 / Stage 2 Development Plan (with project plans attached as Exhibits A-l); and, 9) Adopt the Resolution (Attachment 4) recommending that City Council approve the Vesting Tentative Map 7437 and the Site Development Review. l0 GENERAL INFORMATION: APPLICANT: PROPERTY OWNERS: LOCATION: EXISTING ZONING: GENERAL PLAN DESIGNATIONS: PROPOSED ZONING; PROPOSED GENERAL PLAN DESIGNATION: ENVIRONMENTAL REVIEW: Bancor Properties. 1459 First Street Livermore, CA 94550 Contact: Michael Banducci Morey Greenstein, Trustee and Manager Oliver Properties 39159 Paseo Padre, Suite 315 Fremont, CA 94536 San Ramon Village Plaza - east on San Ramon Road., between Alcosta Boulevard and Bellina Street CN (Neighborhood Commerciall Retail Office PD (Planned District) Mixed Use: (retail office/medium density residential The potential nvironmental impacts of this project were addressed by the Mitigated Negative Declaration and Monitoring Program for PA02-063 (see discussion above).