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HomeMy WebLinkAboutItem 6.3 SntaRtaComrclPD Rzn (2) ..~ 'I . . CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: January 23, 1995 SUBJECT: Public Hearing PA 94-001 Santa Rita Commercial Center Planned Development Rezoning and Development Agreement 'REPORT PREPARED BY: ~ Ram, Associate Planner ~ EXHIBITS ATTACHED Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K: , Exhibit L: Exhibit M: RECOMMENDATIO~I) h- 2) .,., 3) Rezone Application (under separate cover) - Resolution approving Negative Declaration and Making Findings regarding Environmental Impacts Mitigated Negative Declaration (under - separate cover) Comments on Mitigated Negative Declaration (under separate cover) Response to Comments on Mitigated Negative Declaration (under separate cover) Mitigation Monitoring Program (under separate cover) Planning Commission Minutes from December 19, 1994, and January 3, 1995 Fiscal Analysis materials (under separate cover) Resolution Approving and Establishing Findings and General Provisions and Conditions of Approval for a PD, Planned Development Rezoning Ordinance Amending the Zoning Ordinance to permit Rezoning Development Agreement (under separate - cover) Ordinance approving Development , Agreement Planning C01l1mission Agenda Statements (without attachments) Open public hearing and hear staff presentation Take testimony from Applicant and public Question staff, applicant and public lTEMNO./J., COPIES TO: . . 5) Adopt Resolution approving Mitigated Negative Declaration and Mitigation Monitoring Program (Exhibit B) Waive Reading 'and Introduce Ordinance approving PD Rezone to a General Commercial Planned Development (Exhibit J) Waive Reading and Introduce Ordinance approving Development Agreement (Exhibit L) Continue public hearing to January 31, 1995, at 7:QO p.m. 4) 6) 7) FINANCIAL STATEMENT: (See Fiscal Analysis section of Agenda Statement) DESCRIPTION: ,BACKGROUND Homart Development Co. and Alameda County Surplus Property Authority are requesting approval of a rezone of 75:t acres from Planned Development - Business ParklIndustrial (low coverage) to a General Commercial Planned Development. This project has a General Plan and Specific Plan Designation of General Commercial. The project is proposed to be constructed in two phases. The first phase includes 500,000 sq.ft., the second 300,000 sq. ft. The first phase would be closest to the intersection of Dublin Boulevard and Hacienda Drive. The proposed Planned Development would allow for an 8oo,000:t square foot commercial center which may include retail shops, offices, movie theaters and restaurants, among other uses. A Development Agreement between Homart Development Co., Alameda County Surplus Property Authority and the City of Dublin is part of the project. The Development Agreement includes traffic, noise and public facilities impact fees, phasing of infrastructure construction and future creek improvements among other items. A Mitigated Negative Declaration and Mitigation Monitoring Program have been prepared for this project. Proiect Schedule: The applicants plan to begin construction on the site in April of 1995, with a proposed opening in the fall of 1995. Obtaining the required discretionary approvals in a timely manner is, therefore, extremely important. Prior to receiving building permits for the project, the following approvals must be obtained: 1. Rezone 75 :t acres from Planned Development - Business ParklIndustrial (low coverage) to a General Commercial Planned Development. 2. A development agreement is required for each project in Eastern Dublin. . 2 / . . 3. Site Development Review approval will be required prior to approving building permits for the project. 4. The Applicants have also indicated that they will process a tentative parcel map. ANAL YSIS: Planned DeveIQPU1~tlt Rezonini The Applicants are requesting approval of a Planned Development (PD) Rezoning to establish the General Provisions and Development Regulations that would implement the retail/office land use designation for the 75:t acre project area. The Rezone Application contains a conceptual site plan and lan~aping plan (Exhibit A). The General Provisions and Development Regulations and Conditions of Approval, as recommended by the Planning Commission, are set forth in full in Exhibit I. The proposed permitted uses are similar to what are presently permitted in the City's C..2 Zoning District. For example, general merchandise stores, drug stores, restaurants, indoor movie theatres" banks, and profess;.onal offices are permitted uses. Conditional uses include gas stations, community, religious and charitable institutional facilities, hotels and motels. The Floor Area Ratio of 25% that is presently provided under the existing Zoning District is not proposed to be changed. The site will be landscaped 10 percent around the perimeter of the site and 5 percent in the parking area. This project has been reviewed by other City Departments and affected agencies. Their comments have been incorporated into the Conditions of Approval (Exhibit I). Suggested Conditions of Approval relative to the Site Development Review or Tentative Parcel Map will be applied at the time of approval of those applications. Development Aareement: One of the implementing actions of the Eastern Dublin Specific Plan calls for the City to enter into development agreements with developers in the plan area. The purpose of a development agreement is to provide security to the developer that the City will not change its zoning and other laws applicable to the project for a specified period of time and, on the other hand, provide a mechanism to the City to obtain commitments from the developer the City might not otherwise be able to obtain. The development agreement is one means the City has to assure that the Specific Plan goal that new development fund the cost of infrastructure and service is met. Development agreements are authorized by statutes (Government Code Section 65864 et seq.). Chapter 8.12 of the Dublin Municipal Code is the City's enabling ordinance and provides the procedure for adoption of a development agreement. 3 / . . . On October 10, 1994, the City Council approved a Master Development Agreement for use in the Eastern Dublin Specific Plan area. The Master Development Agreement is to be used as the basis for beginning negotiations with developers within the Specific Plan area. Attached to this Staff Report is a Development Agreement (Exhibit K) between the City of Dublin, the Surplus Property Authority of the County of Alameda and Homart Development Co. The Development Agreement sets forth the agreements between the three entities in relation to many items, including, but not limited to, infrastructure construction and phasing, payment of public facilities, noise and traffic impact fees and future creek improvements. The Development Agreement becomes effective for a term of ten years when it is signed by all the parties. The Development Agreement runs with the land and the rights thereunder can be assigned. The main points of the Development Agreement can be found in Exhibit B of the Development Agreement and are highlighted below: Roads: The traffic report for the project concluded that only two lanes on Dublin Boulevard and Hacienda Drive are necessary for the project, plus certain turn lanes. Signals will be provided at Dublin Boulevard and Hacienda Drive, Dublin Boulevard and Tassajara Road, Dublin Boulevard and the two main access points to the Center, and Hacienda Drive and the main access to the Center. These "project specific traffic improvements" will be made by the Applicants or security provided,before occupying any building in Phase One. The Applicants intend to construct three lanes on Dublin Boulevard and Hacienda Drive. The Development Agreement describes these as "oversized improvements" and provides the County will receive a credit against the Traffic Impact Fee if these improvements are constructed. Public Facilities Fee. The public facilities fee for neighborhood parks, community parks, community facilities, libraries and buildout of the Civic Center will be paid by the County. The County will pay an amount up to $362.50 per 1,000 building sq.ft. and receive a refund if that amount is paid and the fee is determined to be less than that amount. 4 . . . Noise Mitiiation Fee. This Section implements Mitigation Measure 3.10/7.0 of the Mitigation Monitoring Program for Eastern Dublin. When the City adopts a noise mitigation fee, the Developer will pay the fee, up to $3,000. The fee will be collected at final occupancy of Phase 2 of the Project. If a fee is not established at that time, the Developer will not be obligated to pay such a fee. Traffic Impact Fees. The amount of Traffic Impact Fee (TIF) has been calculated based on the Barton Aschman November, 1994 traffic study attached to the Mitigated Negative Declaration and the proposed Traffic Impact Fee that was approved by the City Council on January 9, 1995, (Resolution 1-95). The Project's TIF is $5,162,719.00. The Developer and/or the County may oversize a portion of infrastructure. Subparagraph 5.3.5, allows for a credit against the TIF amount for the value of the oversizing, as follows: The total value of the oversized improvements and right of way is $4,574,140.00 less $808,870.00 which is the value of that part of the oversized improvements previously constructed by the City of Pleasanton for a net credit of $3,765,270.00. Based on the County's current plans for oversizing certain improvements, the net traffic impact fee due for this project would be $1,397,449.00 Creek Im,provements. The County agrees that when the property adjacent to this project to the east develops, the County will comply with all the applicable provisions of the Eastern Dublin Specific Plan and mitigation measures of the Environmental Impact Report in relation to Tassajara Creek. Chanies to the Development Aireement: Several minor changes have been made to the Development Agreement since the Planning Commission recommended its approval. State Statutes and the City's implementing ordinance do not require that these changes be referred back to the Planning Commission. The changes that have been made are minor and non-substantive. All changes that have been made since the Planning Commission meeting are shown on Exhibit K. They are indicated by italicizing and bolding additions and lining out deletions. There is a possibility that additional minor changes may be made subsequent to preparation of this Agenda Statement and prior to the City Council meeting. If that occurs, revised pages will be distributed at the meeting and the changes explained by the City Attorney. 5 ,/ . . . . Mitiiated Neiative Declaration: The environmental document that was prepared for the Eastern Dublin Specific Plan and General Plan Amendment was a "Program Environmental Impact Report". CEQA Guidelines state that if a Program Environmental Impact Report is prepared, subsequent environmental documents need to be prepared only if there were additional environmental impacts not considered in the preparation of the original environmental document. The City has prepared a Mitigated Negative Declaration for the Santa Rita Commercial Center Project (Exhibit C). The Mitigated Negative Declaration incorporated as mitigation measures all of the applicable action programs and mitigation measures of the Eastern Dublin General Plan Amendment and Specific Plan and Final Environmental Impact Report. For example, the following two mitigation measures have been included as part of the Eastern Dublin Traffic Impact Fee. The requirement to pay.the Fee is a Condition of Approval of the Rezone application and is required in the Development Agreement: Item 47. Assist in the funding of improvements to regional transportation system. Item 51. Ensure the funding and construction of improvements to the Dougherty Road/Dublin Blvd. intersection as needed. The public comment period on the Mitigated Negative Declaration was from November 23, 1994, through December 23, 1994. Three letters of comments were received on the Negative Declaration during the comment period (Exhibit D). City staff reviewed these letters and prepared detailed responses, which are attached as Exhibit E. One letter was from the California Department of Transportation asking that the City take into account the possible extension of BART to Livermore and the possible reconstruction of the 1..580/1-680 interchange. Both of these projects were addressed in the Eastern Dublin FEIR. A letter from one of the North Pleasanton Improvement District Property Owners ("NPIDPO"), Reynolds and Brown, questioned the project's impacts on traffic. Traffic impacts were fully addressed in the detailed,trafflc analysis which was attached to the Mitigated Negative Declaration. The third letter was from the collective NPIDPO and included a 45-page analysis from their attorney raising numerous legal challenges and questioning the project's conformity with previously adopted mitigation measures and with the Specific Plan. The City Attorney reviewed the legal challenges and concluded that the City is proceeding in accordance with law. The City's detailed response to each of the issues raised is included in Exhibit E. 6 . . . Fiscal Analysis: Policies of the General Plan and Eastern Dublin Specific Plan require that development in the area pays for its needed infrastructure and services. The Applicants have not requested City financing assistance for their on-site infrastructure needs. Mitigation Measures and Conditions of Approval of this project require that Applicants enter into a Development Agreement with the City and pay traffic and public facilities impact fees. These requirements insure that the Applicants are paying their fair share of off-site public infrastructure needed in Eastern Dublin without using General Fund monies. This project, like others in Eastern Dublin, will require provision of public services. Monies for provision of these public services will come from the City's General Fund. A detailed Fiscal Impact Analysis was prepared for the Eastern Dublin Specific Plan. That Analysis examined the impacts of development in Eastern Dublin in relation to use of General Fund monies for provision of public services. The Analysis found that after several years of shortfall, Eastern Dublin would provide more revenues than it would require in expenditures for public services. In addition to the original fiscal analysis for the Specific Plan, an updated fiscal analysis for the Specific Plan area presently within the City and proposed to be included in the City as part of the City's first Eastern Dublin Annexation has been prepared. This fiscal analysis also included the direct fiscal impacts of the Santa Rita Commercial Center Project. The fiscal analysis (Exhibit H) for both the areas identifies a small shortfall of $40,917.00 in Fiscal Year 1994-95 attributable to start up fIre services. A shortfall of $216,141 is identified for Fiscal Year 1995-96. However, the City's Annexation Agreement with the Jennifer Lin Family would completely elim1nate this shortfall. In those years following Fiscal Year 1995..96, the City would realize a substantial operating surplus as a result of the Santa Rita Commercial Center Project. Therefore, it can be concluded that this project is consistent with the fiscal policies in relation to provision of infrastructure and public services of the City's General Plan and the Eastern Dublin Specific Plan and General Plan Amendment. PLANNING COMMISSION PUBLlC HpARINGS: The Planning Commission held three public hearings on the project, on December 19, 1994, January 3, 1995 and January 17, 1995. The Agenda Statements for those , meetings are attached as Exhibit M to this report. The minutes for December 19, 1994, and January 3, 1995 are attached as Exhibit G (the preparation of the minutes for the January 17, 1995, meeting have not been completed). 7 "'" - . . The Planning Commission recommended approval of the Mitigated Negative Declaration, Mitigation Monitoring Program, Planned Development Rezoning to a General Commercial Planned Development and the Development Agreement at their meeting of January 17, 1995, by adopting Planning Commission Resolution Nos. 95..01, 95-02, and 95-03. In addition, in response to items raised by the East Bay Regional Parks District, the Planning Commission has recommended that the City Council: 1. Support, in concept, the preparation of a Greenway Study along Tassajara Creek. 2. Support continuing to work with the East Bay Regional Park District on trails consistent with the City's Parks and Recreation Master Plan and Eastern Dublin Specific Plan. The City Council could indicate by minute action its support for these two items. RECOMMENDATION: Staff recommends that the City Council: adopt the Resolution approving the Mitigated Negative Declaration and Mitigation Monitoring Program; waive reading and introduce the Ordinance designating a PD Rezone; and, waive reading and introduce the Ordinance approving the Development Agreement. Additionally, should the City Council so desire, the City Council could adopt by minute action the recommendations noted above by the Planning Commission relating to the East Bay Regional Parks District request. 8