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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)
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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:
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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.
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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. .
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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.
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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.
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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.
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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.
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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).
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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.
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