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HomeMy WebLinkAboutItem 8.2 - 2569 General Plan Amendment Study Policy Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: May 7, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Consideration of General Plan Amendment Study Policy Prepared by: Christopher L. Foss, City Manager EXECUTIVE SUMMARY: The City Council will review the City’s existing General Plan Amendment Study Policy which provides direction on the process for proposed General Plan Amendment study requests. STAFF RECOMMENDATION: Receive the report and provide direction. FINANCIAL IMPACT: None. DESCRIPTION: On June 18, 2013, the Dublin City Council unanimously approved a General Plan Amendment (GPA) Study policy (Attachment 1) which outlined the process the City would follow upon receipt of a request to initiate a GPA study. The Policy outlines, among other things, actions required by the applicant and Staff, and includes a requirement that the Dublin Unified School District (DUSD) is notified of any application. Since the adoption of the Policy in 2013, the Dublin City Council has considered a total of 20 requests (Attachment 2). Of those requests, the City Council initiated 14 studies, declined to initiate three studies, the applicant withdrew two requests and one was continued by the City Council. Of those 14 studies initiated, the City Council ultimately approved 7 projects, denied 5 projects, and 2 projects remain in process. Table 1: Total Requests 20 Studies Initiated 14 - Approved 7 - Denied 5 Page 2 of 2 - In Process 2 Declined to Initiate 3 Withdrawn Requests 2 Continued by the CC 1 At the January 8, 2019 City Council meeting, Staff was directed to place the GPA policy on the agenda for discussion by the City Council. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Not applicable. ATTACHMENTS: 1. General Plan Amendment Policy 2. General Plan Amendment Study Requests 2013-2019 or 19 82 ii 111 U_,% 114 TO STAFF REPORT CITY COUNCIL June 18, 2013 Honorable Mayor and City Councilmembers CITY CLERK File #420 -20 FROM: Joni Pattillo City Manager""' " SUBJECT: General Plan Amendment Policy and Status Report Prepared by Jeff Baker, Assistant Community Development Director EXECUTIVE SUMMARY: The City Council will consider amending the existing General Plan Amendment Study Policy which provides direction on the processing of General Plan Amendment Studies. The City Council will also receive a report on the status of all current General Plan Amendments Studies in progress. FINANCIAL IMPACT: None. The cost to process a General Plan Amendment Study is borne by the project applicant. RECOMMENDATION: Staff recommends that the City Council receive the General Plan Amendment Studies Status Report and adopt a Resolution approving a revised General Plan Amendment Study Policy. Submitted By Director of Community Development DESCRIPTION: Reviewed By Assistant City Manager The City Council adopted a General Plan Amendment Study Policy on October 7, 1997 Attachment 1). This policy identifies milestones that applicants are required to accomplish within the first 6 months following City Council initiation of a General Plan Amendment Study. The intent was to ensure that project applicants demonstrate, by their actions, that they are actively pursuing the requested entitlements. Staff recently became aware of this policy which predates the existing development services Staff. The Policy does not appear to be consistent with the current practices for General Plan Amendment Studies. Therefore, Staff is recommending that the City Council adopt a revised General Plan Amendment Study Policy (Attachment 2). Page 1 of 3 ITEM NO. 8.2 ANALYSIS: Proposed Policy Applicants periodically request that the City Council initiate General Plan Amendment Studies. However, these studies are not always diligently pursued by the Applicant once initiated. This can lead to uncertainty about the status of an existing Study and difficulty in appropriately allocating staffing resources. Staff proposes to revise the General Plan Amendment Study Policy to more closely align with current practices, the needs of the development community, and the City (Attachment 2). The proposed Policy outlines actions that are required by the applicant and Staff following the initiation of a General Plan Amendment Study by the City Council. The proposed Policy also provides for the expiration of Studies where progress has not been achieved by the applicant. The proposed Policy has also been revised to address recent concerns raised about the impacts to the Dublin Unified School District (DUSD) resulting from residential land use amendments. The proposed policy requires Staff to notify the DUSD of each residential GPA Study initiated by the City Council and report back to the City Council if the District raises concerns about the proposed GPA. The DUSD will be provided 60 days in which to respond once it is notified. Staff will also continue the current practice of notifying the District when the City Council first holds a meeting to consider initiating a GPA Study. The following identifies the proposed key milestones and actions by the applicant and Staff: Applicant Commence Planning and Environmental Studies within 6 months of initiation. Submit completed GPA application and Environmental Checklist within 12 months of initiation. Staff Notify the Dublin Unified School District regarding each General Plan Amendment Study to change a residential land use designation and provide a report back to the City Council if the DUSD is not able to support the proposed Amendment. Provide the City Council with a report on the progress of all GPA Studies with the annual General Plan Progress Report in March of each year. The Policy provides realistic and measurable actions to confirm that applicants are making progress. This will enable the City to allocate resources as appropriate to process these requests in a timely manner while continuing to meet the operating needs of the City. This will also provide a mechanism to update the City Council on the studies. GPA Study Status Report Please refer to Attachment 3 for the status of all current General Plan Amendment Studies that have been initiated by the City Council. Page 2 of 3 CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The adoption of a revised General Plan Amendment Study Policy is consistent with the General Plan, applicable Specific Plans and the Zoning Ordinance in that the Policy is intended to establish General Plan Amendment Study procedures. The proposed Policy does not change any land use designations or zoning designations. ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of a General Plan Amendment Study Policy is an activity that is exempt from CEQA because it does not allow the construction of any building or structure, but sets forth procedures that shall be followed if an applicant requests to initiate a General Plan Amendment Study. This policy, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. NOTICING REQUIREMENTS /PUBLIC OUTREACH: Public noticing is not required for the City Council to adopt a policy for processing General Plan Amendment Studies. Although not required, the City mailed notices to the development community, and to all property owners /applicants that are currently processing General Plan Amendments. A notice was also published in the Valley Times and posted in the designated posting places throughout the City. A copy of this Staff Report was made available on the City's website. ATTACHMENTS: 1. City Council Resolution 119 -97 adopting a General Plan Amendment Study Policy, with the Policy attached as Exhibit A 2. Proposed General Plan Amendment Study Policy Dated June 18, 2013 3. General Plan Amendment Study Status Report Page 3 of 3 RESOLUTION NO. 119 - 97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING A GENERAL PLAN AMENDMENT POLICY WHEREAS, the City Council has determined that it is important to establish criteria to judge the progress of a General Plan Amendment once the City Council has initiated such a study; and WHEREAS, it is in the interest of the City of Dublin to have applicants demonstrate by their actions that the proposed amendment is proceeding towards completing formal applications; and WHEREAS, a reasonable time should be afforded applicants to start necessary planning and environmental studies leading up to the filing of a formal application. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the attached General Plan Amendment Policy (Exhibit A), and Staff is authorized to utilize said policy in dealing with all requests for General Plan Amendment in the future. BE IT FURTHER RESOLVED that the General Plan Amendment applicants shall pay for all processing costs involved with the General Plan Amendment policy. PASSED, APPROVED, AND ADOPTED this 7th day of October, 1997. AYES: Councilmembers Barnes, Howard, Lockhart and Mayor Houston NOES: Councilmember Burton ABSENT: None ABSTAIN: None A'J 4-vk MAYOR ATTEST: CIT C i RK K21G /10- 7- 971reso gpa.doc G`Y of D QfI CITY OF DUBLIN i Ixl' is;— '" —t'ezl GENERAL PLAN AMENDMENT GPA) CgLIFOR POLICY PURPOSE- From time to time, various applicants file requests for consideration of a General Plan Amendment for properties in the City and adopted sphere of influence. This policy identifies what is required of the applicant after a GPA study has been authorized and related timetables. REQUIRED ACTIONS BY GPA APPLICANT WITHIN 6 MONTHS OF AUTHORIZATION 1. Start Planniniz and Environmental Studies a) Determine what kind of project should be considered b) Begin environmental reconnaissance analysis of site C) Start land use feasibility of proposed uses and the benefits of the project to the City d) Contact staff about the applicant's planning team e) Begin discussing alternatives with staff f) Give staff a written monthly report on progress related to activity 2. File a completed General Plan Amendment application and Environmental Checklist a) Prepare and submit application for a General Plan Change b) Complete environmental checklist regarding the proposed change C) Pay appropriate fees for staff review At the end of six months, staff will return to the City Council to report on progress. Staff will identify whether monthly written reports and/or GP applications have been filed in the past six months in accordance with 1 and 2 above. CITY COUNCIL ACTION AT 6 MONTHS REVIEW The City Council, by minute order, will direct staff to continue to process the affected GPA or will rescind its previous action authorizing the GPA based on compliance with the steps identified above. dated: October 7, 1997 vg:corresp /ep /projspec /gpapoiic EXHIBIT A ribim General Plan Amendment Study Policy June 18, 2013 Purpose: Applicants periodically request the initiation of a General Plan Amendment (GPA) Study to consider amending the City's adopted General Plan. This policy identifies the steps necessary to initiate a GPA Study and identifies what is required of the project proponent and Staff, and the related time table after the City Council has authorized the initiation of a GPA Study. Actions to Initiate a General Plan Amendment Study 1. The project proponent submits a letter and applicable exhibits requesting that the City Council initiate a General Plan Amendment Study. 2. Staff prepares a brief Staff Report to the City Council requesting consideration to authorize the initiation of a General Plan Amendment Study. 3. The City Council, by majority vote, determines whether or not to authorize the initiation of a General Plan Amendment Study. Actions by the project proponent within 12 months of initiation 1. Commence Planning and Environmental Studies within 6 months of initiation. a. Refine the project type and scope; b. Begin environmental reconnaissance analysis of the site; c. Start land use feasibility of the proposed use and the benefits of the project to the City; and d. Begin discussing project alternatives with Staff. 2. Submit a GPA application and Environmental Checklist within 12 months of initiation. Actions by Staff following initiation 1. Notify the Dublin Unified School District (DUSD) regarding each General Plan Amendment Study to change a residential land use designation and provide a report back to the City Council if the DUSD is not able to support the proposed Amendment. Within 6o days of the notification to DUSD, the DUSD shall provide a preliminary response. 2. Authorization of a GPA Study will expire if the activities by the applicant, as described above, have not occurred within 12 months of initiation. Staff will notify the City Council when such expirations have occurred. 3. Applications where no substantive activity has occurred in the prior 12 months may be deemed by Staff to be inactive and withdrawn. Staff will notify the City Council when such actions have been taken. 4. Staff will provide the City Council with a report on the progress of all current GPA Studies with the annual General Plan Progress Report in March of each year. Active General Plan Amendment Study - Status Report Updated through May 30, 2013 Council Estimated Project Dame Project 'De cri tion Status Initiation Council Date Hearing Date Bikeways Master Plan GPA to ensure consistency between the Draft Bikeways Master Plan under review for necessary N/A Summer 2013 General Plan and the Bikeways Master changes to the General Plan. Plan update. Camp Parks /Dublin GPA, Specific Plan, Tentative Maps, Draft Specific Plan and Draft EIR nearing completion. 4/15/03 Nov -13 Crossings Development Agreement, EIR, and Anticipate releasing the Draft EIR for public comment on related entitlements for development of 6/21. Working on street alignment and need phasing a 187 acre project site with up to 1,996 plan from applicant. Applicant finalzing deal points residential units, 225,000 SF of proposal for CC consideration. commercial, and related parks, school site, and infrastructure. Dublin Preserve (Doolan Request to amend the City of Dublin Currently working with Livermore and EPS on a 12/7/10 TBD Canyon) Sphere of Influence and General Plan to development feasibility study. include the Doolan Canyon Area. Energy Conservation Create an Energy Conservation City Council prioritized this project for FY 2014. 6/21/11 Spring 2014 Element Element. Preparing to initiation project. Frederich /Vargas GPA, SPA, PD Rezone, Site Applicant finalizing the project description to enable Staff 8/21/12 Fall 2013/ Development Review, and Vesting to begin the CEQA analysis (likely an Addendum). Staff Winter 2014 Tentative Map to change the land use is working with the applicant on the right -of -way on the Fredrich property from acquisition for the Moller Creek overcrossing. Applicant neighborhood Commercial and Medium- still needs to provide development proposal for review. High Density residential to Medium Density Residential and develop the two properties as one project. Green @ Park Place GPA, SPA, PD Rezone, Site Applicant finalizing the project description (i.e. unit count 2/5/13 Spring 2014 Development Review, Map, and commercial s.f.) in order to start the CEQA analysis Development Agreement. and prepare the Supplemental EIR. KMA ready to proceed with fiscal analysis once project description is completed. Heritage Park GPA, SPA, Rezone, Site Development Applicant preparing the project description in order to 11/20/12 Winter 2014 Review, and Tentative Map for 55 -60 start the CEQA Analysis and EIR. Staff is working with single - family residential units and a the applicant on geological issues related to the 157000 SF office bldg. earthquake fault line running through the property. Staff has received initial elevations for review. Applicant will submit revised subdivision map once geological issue resolved. Site 16A - Regency Centers GPA, SPA, PD Rezone, Site Finalizing the Supplemental EIR and anticipate releasing 11/20/12 Winter 2014 Development Review, Tentative Map, draft for public review in late July. Applicant to submit and Supplemental EIR for a retail project plans for review. commercial center with up to 167,200 square feet of gross floor area on 14.3 acres. Schaefer Ranch Unit 3 GPA, PD Rezone, and Vesting Applicant has completed the project description. 2/7/12 Fall 2013 Tentative Map to change land use from Preparation of CEQA Addendum underway. Proposed Open Space and Estate Residential to subdivision map under review. Applicant preparing Single Family Residential. proposed development standards of PD and architecture for SDR. UP ROW GPA to assign a Parks /Public Currently under review and working with P &CS. 3/19/13 Sep -13 Recreation land use designation for use Preparing a Mitigated Negative Declaration for the as a City park. project. Water Conservation Create a Water Conservation Element Draft Element is complete. Planning Commission 6/21/11 6/18/2013 Element recommended approval on 5/28/13. Scheduled for City Council consideration on June 18. RESOLUTION NO. XX - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APROVING A REVISED GENERAL PLAN AMENDMENT STUDY POLICY WHEREAS, the City Council has determined that it is important to establish criteria by which to judge the progress of a General Plan Amendment Study once initiated by the City Council; and WHEREAS, it is in the interest of the City of Dublin to have applicants demonstrate by their actions that they are proceeding towards completing formal applications; and WHEREAS, a reasonable time should be afforded applicants to start necessary planning and environmental studies leading up to the filing of a formal application; and WHEREAS, the Dublin Unified School District should be notified of proposed General Plan Amendments and have adequate time to provide feedback regarding potential negative impacts to the District; and NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby adopted the General Plan Amendment Study Policy attached as Exhibit A and Staff is authorized to utilize said policy to process all future General Plan Amendment requests. BE IT FURTHER RESOLVED that the applicant for a General Plan Amendment shall pay for all costs associated with preparing the General Plan Amendment Study and processing the General Plan Amendment application. PASSED, APPROVED AND ADOPTED this 18th day of June 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: 1 of 2 Mayor ATTEST: City Clerk G:lAgendas120131GPA PolicylAtt 2 CC Reso GPA Policy 6.18.13.doc 2 of 2 General Plan Amendment Study Requests City Council Agenda Date Description Study Initiated GPA Approved Notes 2/5/2013 The Green at Park Place Yes No 3/5/2013 Dublin Land Company Parcels 2-4 (SummerHill Homes) Continued n/a Directed staff to bring back more info 5/21/2013 Dublin Land Company 2-4 (SummerHill Homes) No n/a Addressed directon from 3/2/13 6/18/2013 Transit Center Site A-1 (Tribeca) Yes Yes 6/18/2013 The Groves Lot 3 and Sub Area 3 Yes Yes Sub Area 3 Study scope was revised on 7/16/13 per Council direction 10/15/2013 The Promenade Yes No City Council concluded the Study at check-in 12/3/2013 Dublin Land Company Parcels 3 & 4 (SummerHill Homes) Yes No Application withdrawn 5/20/2014 Dublin Land Company Parcel 2 (SummerHill Homes) Yes No Application withdrawn 8/19/2014 Positano Public/Semi-Public (Braddock & Logan) n/a n/a Withdrawn from agenda and not considered 10/7/2014 Kaiser Medican Center Campus Yes Yes 2/17/2015 Jordan Ranch School Site Yes Yes 3/17/2015 Dublin Crossing (Boulevard) Yes Yes 4/7/2015 Sub Area 3 Parkland and Jordan Ranch Reduced Density Yes Yes 5/19/2015 Dublin Land Company Parcels 2, 3 and 4 (Trumark) Yes No Application withdrawn 8/18/2015 Wallis Ranch Additional Parkland Yes Yes 8/16/2016 Grafton Street (aka The Promenade) No n/a 10/3/2017 At Dublin Yes In progress 12/5/2017 Fallon 55 n/a n/a Withdrawn from agenda and not considered 2/5/2019 Kent Property Yes In progress 2/19/2019 Lyon AQ No n/a