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HomeMy WebLinkAbout01-14-1993 Adopted CC Minutes EDub GPA/SPADJOURNED REGULAR MEETING - January 14, 1993 An Adjourned Regular Meeting of the City Council of the City of Dublin was held on Thursday, January 14, 1993, in the Council Chambers of the Dublin Civic Center. CLOSED SESSION At 6:30 p.m., with all Councilmembers present, the Council went into a closed executive session to discuss potential litigation in accordance with Government Code Section 54956.9(c). The public portion of the meeting was called to order at 7:37 p.m. by Mayor Snyder. ROLL CALL PRESENT: Councilmembers Burton, Howard, Houston, Moffatt, and Mayor Snyder. ABSENT: None. PLEDGE OF ALLEGIANCE TO THE FLAG (61 0-20 ) The Mayor led the Council, Staff and those present in the pledge of allegiance to the flag. PUBLIC HEARING - EASTERN DUBLIN GENERAL PLAN AMENDMENT (GPA), SPECIFIC PLAN (SP), DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR), AND RELATED PROJECT IMPLEMENTATION ( 420-30 ) Mayor Snyder opened the public hearing. Opening remarks were presented by Larry Tong, Planning Director. The Eastern Dublin General Plan Amendment and Specific Plan Studies were started in 1987 with a look at environmental conditions and developmental constraints. In 1990-91, six study sessions were held in order to create a vision for Eastern Dublin. Some of the items discussed were economic viability, mixed housing, higher density near the transit lines, gOod traffic flow, and a town center with a pedestrian core. For comparison, Eastern Dublin comprises 11 square CM - VOL 12 - 24 Adjourned Regular Meeting January 14, 1993 miles while existing Dublin comprises 4 square miles. It will take thirty Plus years to build out in Eastern Dublin. Planning Consultant Brenda Gillarde indicated that the Eastern Dublin study began in 1987 in response to proposals for development of the Dublin Ranch property within the City's eastern extended planning area. The City Council determined that a comprehensive planning study should be undertaken for Eastern Dublin prior to acting on individual development applications. In 1988, the City contracted with Wallace, Roberts & Todd, a multi- disciplinary team of planners, designers, engineers, economists and environmental specialists to conduct the necessary technical studies and prepare the required planning and environmental documents. The planning process for Eastern Dublin can be divided into five stages. Stage I involved a massive data collection effort which resulted in "Eastern Dublin Specific Plan/General Plan Amendment Studies: Environmental Setting," dated November 1988. In Stage II, five land use concepts were discussed at a series of six joint public study sessions conducted before the City Council/Planning Commission held from April 1990 through February 1991. Input from these meetings resulted in the selection of a preferred land use concept for Eastern Dublin for environmental analysis. Stage III involved the preparation of the draft General Plan Amendment, Specific Plan, and Environmental Impact Report for Eastern Dublin. Stage IV involved a series of thirteen public hearings and meetings before the Planning Commission to receive input'from the community, agencies, and property owners on the General Plan Amendment, Specific Plan, and draft Environmental Impact Report. On December 21, 1992, the Planning Commission recommended City Council certification of the Final EIR and adoption of the General Plan Amendment and Specific Plan with revisions. Stage V will involve the City Council holding a public hearing on the General Plan Amendment and Specific Plan; hearing comments on environmental issues and the Eastern Dublin Property Tax Exchange Agreement; closing the public hearing after all testimony and comments are received; deliberating on the Final EIR, Eastern Dublin Property Tax Exchange Agreement, draft General Plan Amendment, Specific Plan; and the City Council taking action by resolutions on the Final EIR, Eastern Dublin Property Tax Exchange Agreement, draft General Plan Amendment and Specific Plan. Steve Hammond of Wallace, Roberts, & Todd, presented a slide show to show the unique opportunity the City of Dublin has in making a bold, long range statement for development of the Eastern Dublin area. He indicated that the General Plan Amendment would be a guidebook for the · · · · · · I · · · · · · · · · · · · · · · · · · · · · · · · · · · · Adjourned Regular Meeting January 14, 1993 future of Dublin. It would present a long term intent of the City for development. The Specific Plan suggests different land use patterns. The slide show presented existing development in other communities. He concluded that Dublin has the opportunity to create a quality community where people will want to live. Ms. Gillarde indicated that the California Environmental Quality Act (CEQA) requires the preparation of an Environmental Impact Report (EIR) for any project found to have any significant or potentially significant impacts on the environment. Because potentially significant impacts were identified in the Initial Study, preparation of an EIR was required. The draft EIR was released August 28, 1992. Seven public hearings were held before the Planning Commission in September and October 1992 to receive public comments. Public comments and responses to those comments are contained in the draft Final EIR for Eastern Dublin dated December 7 and 21, 1992. The Planning Commission recommended City Council certification of the Final EIR on December 21, 1992. The following are major impacts, which after mitigation, will Still remain significant. Such impacts will require the City Council to consider making a Statement of Overriding Considerations at a later City CounCil meeting. TRAFFIC in the year 2010 with the Project would exceed acceptable standards on 1-580 Freeway between 1-680 and Hacienda and on the Santa Rita/I-580 eastbound ramps. At full, cumulative buildout, Dublin Boulevard/Hacienda Drive and Dublin Boulevard/Tassajara Road would exceed acceptable standards. An unavoidable increase in ENERGY CONSUMPTION will result from expansion of gas and electric service, treatment and exportation of wastewater, and water distribution. Exposure of future residents to ground shaking (SEISMICITY) due to an earthquake is unmitigatable. Alteration of the site's current VISUAL character is an irreversible unmitigatable impact. It may not be possible to mitigate all homes from potential adverse NOISE intrusions. The Regional Air Quality District mandates a reduction in AIR pollutants. Any increase in pollutants is therefore considered significant. This impact cannot be reduced to insignificance, therefore it has an unmitigatable impact. During the thirteen public hearings and meetings before the Planning Commission, the following issues were raised: Airport Protection Area, Grading Policies, Curvilinear Street System, relocation of High School, CM - VOL 12 - 26 Adjourned Regular Meeting January 14, 1993 availability of Wastewater Treatment Capacity and Water Supply, Financing of proposed Eastern Dublin General Plan Amendment and Specific Plan, San Joaquin Kit Fox, and Tassajara Road. The Airport Land Use Commission (ALUC) is considering adoption of a modification to the Airport Land Use Policy Plan to establish an Airport Protection Area (APA). An Airport Protection Area was adopted by the County Airport Commission and will be taken to the Airport Land Use Commission on February 10, 1993. The City Council has the right to override the Airport Protection Area by a 4/5 Council vote. Under Grading Policies, a landowner in Eastern Dublin requested changes in the Specific Plan text relating to scenic corridors, hillside development, and foothill residential area. staff is recommending modification of wording. In regards to Curvilinear Street System, a land owner in Eastern Dublin requested consideration of a less specific street system in the Town Center area that would allow for future consideration of either a grid or curvilinear street layout and potential for four lanes on the "transit spine." Staff finds that a mixed grid and curvilinear street system along with consideration for the number of lanes on the "transit spine" may have merit. Landowners in Eastern Dublin requested the High School be relocated to a major arterial roadway. The Planning Commission and Staff recommend the High School remain in its present location. Members of the public have expressed concern that there is insufficient wastewater treatment capacity and water supply to support the development envisioned by the Eastern Dublin General Plan Amendment and Specific Plan. Staff recommends City Council approve the policies regarding wastewater capacity and water supply in the Eastern Dublin General Plan Amendment and Specific Plan as recommended by the Planning Commission. Members of the public expressed concern over the feasibility of financing of the proposed development. The Planning Commission and Staff recommend the City Council adopt the text of the Specific Plan relating to financing as proposed. The California Department of Fish and Game states the General Plan Amendment area is suitable habitat for the San Joaquin Kit Fox, an endangered species. It felt the loss of habitat would be significant. The Planning Commission and Staff recommend mitigation measures to include a requirement for pre-construction surveys within 60 days prior to any habitat modification and a requirement that the City work with the CalifOrnia Department of Fish and Game and the U.S. Fish and Wildlife Service to develop a management plan that identify measures to protect viable habitat for the kit fox. CM - VOL 12 - 27 Adjourned Regular Meeting January 14, 1993 Tassajara Road has been recommended to be a six-lane facility between Dublin Boulevard and Gleason Road on the approved Specific Plan. Mr. Ambrose, City Manager, explained the background regarding the Santa Rita Property Tax Exchange Agreement with the County of Alameda. During the formulation of the Eastern Dublin Specific Plan, the County of Alameda requested that the City of Dublin consider a mixed use development plan for the County-owned Santa Rita property, instead of the Business Park zoning which had been adopted by the City Council for that property in 1986. Under the 1986 Tax Exchange Agreement, the County would keep all of the tax revenues generated from the Santa Rita property and the City would be reimbursed for the cost of services provided to the Santa Rita property not to exceed 50% of the total County revenues. The City agreed to consider a mixed use plan on the Santa Rita property, provided that the County agree to renegotiate the 1986 Property Tax Exchange Agreement. A new draft Tax Exchange Agreement was approved by the County of Alameda Board of Supervisors on October 6, 1992. Under the new agreement, tax sharing, services, land use, future infrastructure and redevelopment are addressed. Mr. Ambrose indicated that this agreement is more favorable fiscally to the City. The City Council cannot adopt the agreement until the Eastern Dublin General Plan Amendment and Specific Plan are adopted. Cm. Burton asked what if the City Council did not adopt the Agreement. Mr. Ambrose responded that the 1986 agreement would be in effect and the land could only be used as a business park. Cm. Moffatt realized that this was a concept, but that markets could change. He wondered if there is any flexibility in the General Plan. Mr. Tong indicated the General Plan Amendment and Specific Plan could be adopted and in the future have amendments. There could be no more than four changes each year by law. Cm. Burton asked how it would work if there was more than one project and if each property owner wanted a change. Mr. Tong indicated if the change was one element such as land use, it would be considered one change even though there might be two or more property owners. It would have to go through the public hearing process. Ms. Gillarde explained that there was flexibility in the density ranges.~ "General Community" could be many types of housing built. Martin Vitz, East Bay Regional Parks District, stated open space should be planned and not be an afterthought. It was necessary to work with other areas. There is a need for coordination among the districts so there could be a regionally coordinated plan for open space. He Adjourned Regular Meeting January 14, 1993 recommended the General Plan Amendment and Specific Plan be sent back to the Planning Commission and the Planning Staff. Cm. Moffatt asked if East Bay Regional Parks District (EBRPD) was willing to buy the land. Mr. Vitz responded that they would be willing to manage the land if there was an adequate revenue stream. Cm. Moffatt asked if EBRPD wanted the land donated to them. Mr. Vitz responded that the land could be dedicated to EBRPD. Cm. Moffatt asked if EBRPD controlled the land, did they have the right to sell it. Mr. Vitz indicated that once the land was dedicated, it was impossible to sell it. Cm. Burton asked if EBRPD wanted to get into land use planning for the City of Dublin. Mr. Vitz indicated that the larger area needed to be considered and he hoped the City of Dublin would work with Contra Costa County and Alameda County. Cm. Burton indicated the City of Dublin was in the final stages of our planning and he did not want it to be postponed. Andrea MacKenzie, East Bay Regional Parks District, recognized the amount of time that had gone into this study and she wanted to thank the Staff for responding to their letters. She felt the open space should have a 200 acre minimum size. Connections to regional level open space should be provided. Transfer of Development Rights receiver sites were not present in the Specific Plan. Drainage facilities in the' Specific Plan were not protected. She felt Tassajara Creek should be left natural and not channelized. Cm. Moffatt asked if she realized Zone 7 maintained Tassajara Creek. Ms. MacKenzie indicated she realized Zone 7 had control as engineers of the systems, but that the City was the policymaker. Marjorie Kollar, 5374 Tassajara, Dublin, indicated she owned an Equestrian Center on Tassajara Road and she was happy with the plan. John Anderson, 11174 Brittany Lane, Dublin, indicated controls of process and execution of process were important. Although the framework would take 20 years to build out, change happens constantly. The City needed to look at indicators to gauge key impacts such as water, traffic, and ratio of affordable housing with jobs. The City needed to · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · Adjourned Regular Meeting January 14, 1993 review water, solid waste, schools, jobs to housing ratios on a regular basis to see if the plan was still viable. The planning should be pro- active rather that reactive. Interactions should also be examined. There were six major projects proposed in the Valley. There was a need to look at the development from a regional point of view. Finally, there was the "magic modular" side. Go for the revenue generating land uses first on the Santa Rita properties and properties fronting on 1-580 rather than having isolated residential areas where expensive infrastructure was needed. Cm. Moffatt indicated building would be in phases. Mayor Snyder stated any development would need to be annexed to the City and should happen in a logical order. The landowner has to make an application for annexation. Cm. Burton explained Livermore was putting in a major shopping center so that there was only the potential for one or two more major shopping centers in the Valley. Major retailers performed marketing surveys before committing to major development. John Anderson felt that if the area could not get water that is affordable and long-term, there would be a problem. Cathy Straus, 7826 Alto Way, Dublin, indicated page 158 of Specific Plan states that all the area will be annexed at one time. She felt development should be done on a piecemeal basis. She urged the Council to relook at Alternative 2 (RDA) instead. She wanted Doolan Canyon to be a regional park and asked the Council to work with the County and remove this area from the General Plan. In regard to the Airport Buffer Zone, she felt development here would open the City to liability over accidents and noise. She felt the Council should consider a golf course for this area. As to schools, she did not like the change to the General Plan language to say the School District use their "best efforts to get State funds" for building schools. There are no State funds available and the State would require we use our schools at above 100% capacity and make the schools convert to year-round schools. She wanted to prevent assessments on the current residents for new schools. New development should pay its own way and not make current residents pay for the needs of new students being generated from new development. She felt the rural residential lands should have deed restrictions. She felt the City should negotiate with Camp Parks to take over the lands along 1-580 above the BART Station rather than allow the County to have that property. She questioned the basis for the sales tax per capita and asked what other stores could go in this area that did not already exist in either Livermore or Pleasanton. · · · · · · · · · · · · · [] · [] · · · · · · · · I · · · · · · [] · · · Adjourned Regular Meeting January 14, 1993 Mr. Ambrose responded that there was interest by Price Club and Home Club to create a power center. Ms. Straus stated the developers should pay for the short falls in the early years and it could be negotiated that they would be paid back with the excess revenues once they materialized. In the Fiscal Analysis on page 148, it says the'special assessment district or the Mello Roos would be limited to paying only about 25% of the infrastructure costs, which means that 75% would have to be raised by the developers and paid in advance. Ms. Gillarde indicated that the plan sets out a framework and is not meant to be a detailed financial plan to be followed. There would be more than just one funding mechanism used. Ms. Straus asked, how the City would absorb a thousand units per year. She indicated there were only 200 sales in the City of Dublin in 1992 and there are currently over 300 listings. Apparently that absorption rate is necessary to raise the revenues in order to pay for the services. Mayor Snyder indicated that the property on the south end of Camp Parks had been included in the City's Goals & Objectives last year. Mr. Ambrose stated that the City Staff held discussions with the Army on a regular basis regarding issues that involve Camp Parks. M. Azari, 8664 Bloomington Ct., Dublin, stated the City Hall was beautiful and he felt it was a wonderful idea to keep businesses near housing. But small is beautiful and he felt there was no reason to grow too fast. He wanted to encourage businesses to come to Dublin. There was no downtown. Businesses were closing and leaving. There were no large parks so he had to go to Castro Valley to walk. People generally spend money where they play. Bring people to Dublin to play and spend money. He felt the Council should look at the whole picture one more time. George Butler, 8669 Bloomington Ct., Dublin, felt the plan was going too quick. The citizens did not want to grow. He advised the Council to cool it and think it over. Carl Aaron, 7888 Ironwood Drive, Dublin, stated Livermore should have planned sooner. A protection area was needed because there will be changes in aircraft. Bobble Foscalina, 5200 Doolan Rd, Livermore, felt there Should be some growth in the valley, but building should not be in the hilly area, not beyond Fallon Road. Continguous growth is best, but existing residents should not have to pay for new infrastructure. The finished product was important and the existing services, fire and police should not exceed service capacities with new development. CM - VOL 12 - 31 Adjourned Regular Meeting January 14, 1993 Carolyn Morgan, 5184 Doolan, Livermore, stated the EIR was flawed. The traffic mitigation had not been solved. There were no finances for the traffic problem. She asked from where would new water come and what if TWA did not come about. She felt the services were going to cost too much and Doolan Canyon would not pay its own way. There would be landslides in the hills. The biology report was flawed. A dozen species of special concern have been found by her consultant. A cutdown version of the plan was needed. The hills should be left as open space. She recommended the transfer of development rights away from the sensitive areas. Tassjara Regional Creek should be for equestrian use or bicycling. A Contra Costa County Court ruling showed overriding consideratiOns no longer would be upheld. More time was needed. This was a self-imPosed deadline. The plan has been paid and lead by the developer. She felt in the long term the plan would not be in the best interest of the community. Donna 0gelvie, 5360 Doolan Canyon Rd., Livermore, wanted a rural life style and that was the reason she moved to Doolan Canyon twenty years ago. She wanted the plan to go back to the drawing board. The eastern hills should be left without development and Doolan Canyon should be left as is. Doolan Canyon should be an example of a balanced place for domestic animals and wild life. Bob Harris, a Planning Consultant in Pleasanton, representing the Chang Su-O Lin property, indicated the grading policies should be revised. The policy needed to be more flexible. Mark Evanoff, Greenbelt Alliance, indicated that no one was saying don't go forward, but he felt the Council should create a plan to protect the green belt and develop a plan that was financially viable. He felt it had not been shown that the benefits were worth the mitigating impacts. The Alameda County CMA plans did not appear in the MTC Plan. There would not be money in the future. There is $89 million for the Valley, but it will not be enough to build a four lane Highway 84 and to widen 1-580. The proposed dedications in the EIR did not meet the EBRPD requirements. The kit fox had not been provided adequate habitat. Assessment limits nearing limits in EIR. Landowners would need to pay up front costs. Library services would be unfunded. He urged the Council to work with the people and come up with a plan of which the people of Dublin could be proud. John Chapman, 671 Clipper Hill Rd., Danville, stated six environmental groups will be pressing a lawsuit on Contra Costa County. He encouraged a slow planned, careful growth. He urged a scaled down plan to develop only on the Santa Rita property. The Development should be transit- oriented with no TWA. The open space should be conserved with the traffic minimized. Cm. Moffatt asked if the City Council went forward, would their group sue us. · · · · · · · · · · · · · · · · · · · · · · · · · · · · · [] · · · · · Adjourned Regular Meeting January 1 4, 1 993 Mr. Chapman wanted the Council to listen and slow down. The Contra Costa County Planning Commission recommended slowing down in their area, but the Supervisors would not listen. He would like to sit down and plan with the Council for the whole valley because the people did not want a mega city from Alamo to Livermore. He urged the Council to learn from our mistakes i.e. Los Angeles. Cm. Burton stated that traffic was not wanted, but if housing was not built, it forced people to commute from long distances and created more traffic and air pollution problems. Mr. Chapman stated that development should occur near the transit nodes with growth occurring at a steady rate in compact areas. He indicated that we had a treasure here with the open spaces of green. Transit should go from town to town. But when a sprawl develops, transit breaks down. Sylvette Phillips, 1760 Sunset Drive, Livermore, lives 9000' east of the Livermore runway and is a pilot. She felt homes should stay away from the airport. The noise level does not allow residents to open their windows. A golf course is a great idea. Parks which allowed walking and equestrian uses would be another use for the APA. Dr. Harvey Scudder, 7409 Hansen Drive, Dublin, has been a resident of Dublin for 25 years. He expressed concerns about the air quality, traffic, and cumulative impacts. If Tassajara became six lanes, what would 1-580 have to go to? He felt that it was only going to get progressively worse. Mayor Snyder continued the public hearing until 7:30 p.m. on Thursday, January 21, 1993. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 10:42 p.m. Minutes prepared by Sandie Hart, Secret~ y~ ATTEST: City Clerk CM- VOL 12- 33 Adjourned Regular Meeting January 1 4, 1993