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HomeMy WebLinkAboutItem 6.1 WestDubBARTSP CITY CLERK File #.J I lJ -I ll l AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 16, 2004 SUBJECT: PUBLIC HEARING - PA 03-033 Stage I Planned Development Zoning District, West Dublin BART Specific Plan Amendment, and Stage 1 Development Plan for a residential, hotel, and small-scale commercial develOpment on property at 6600 Golden Gate Drive (2nd reading) Report Prepared by: Kristi Bascom, Associate Planner (~ ATTACHMENTS: 1. Ordinance amending the West Dublin BART Specific Plan, rezoning property at 6600 Golden Gate Drive to a Planned Development Zoning District, and approving the related Stage 1 Development Plan Exhibit 1: Stage 1 Conceptual Site and Landscape Plan Exhibit 2: Land Use Plan for West Dublin BART Specific Plan Exhibit 3: Aerial Photo 2. City Council Agenda Statement dated March 2, 2004 (without attachments) RECOMMENDATION: 1. Open public hearing 2. Receive staff presentation  3. Receive public testimony 4. Close public hearing 5. Deliberate 6. Waive 2nd Reading and ADOPT Ordinance (Attachment 1) adopting a West Dublin BART Specific Plan amendment, approving the rezoning of property at 6600 Golden Gate Drive to a Planned Development Zoning District, and approving the related Stage 1 Development Plan. FINANCIAL STATEMENT: Pursuant to the City's Memorandum of Understanding with BART and the City of Pleasanton, the tax revenues generated from the devblopment of this project have been pledged toward the payment of future debt service associated with a bond issue for construction of the BART station. PROJECT DESCRIPTION: The proposed project consists of a West Dublin BART Specific Plan amendment, Planned Development Rezoning, and related Stage 1 Development Plan and to permit 210 apartments, a 150-room hotel, and COPIES TO: Applicant/Property Owner In House Distribution GSPA#X2003~03-033 West Dublin BART Apts-Hotel\CC Staff Report PD 2nd reading.doc ITEM NO. 7,500 square foot small-scale commercial pad on approximately 7.26 acres at 6600 Golden Gate Drive, adjacent to the future West Dublin BART station. The high-density residential portion of the development would be located on the southwest comer of St. Patrick Way and Golden Gate Drive, and is proposed as a four-story building wrapped around structured parking. The hotel portion of the project would be located closest to Highway 580, and is proposed as a five-story hotel with surface parking and some parking within the future BART garage (which will be built on a separate parcel). The small-scale commercial portion of the project would be located at the end of Golden Gate Drive, closest to the future BART station pedestrian bridge entrance. The single-story building will share' the same surface parking lot as the hotel, and could be developed as any range of commercial uses, including restaurant, retail, office, or other small-scale commercial uses. Amendment to the West Dublin BART Specific Plan The following amendments are proposed to the West Dublin BART Specific Plan in order to permit the project as proposed: 1. Change in maximum permitted density on the residential site from 160 dwelling units (45 units/acre) to 210 units (58 units/acre) in Table 5, Maximum Economic Development Potential. 2. Change text of Residential land use category to state that a high density range of 30 to 58 units/acre may be acceptable. The textual description of the residential land use category states that a high-density range of 30-50 dwelling units/acre may be acceptable in this location. The Applicant's proposal is for a density above this range, and the Specific Plan text would need to be amended accordingly. 3. Change in land use designation for a small part of the southern portion, of the site from L (Lodging), which permits hotels and ancillary uses, to Commercial (B), which permits restaurants, retail and other smaller-scale commercial uses. The Applicant' s proposal is for a quality restaurant or small-scale retail establishment that is supplemental to, and separate from, the hotel. These uses are not expressly permitted in the L (Lodging) category, so a portion of the site currently designated for the hotel will be changed to commercial uses, as illustrated in Exhibit 2 to Attachment 1. Planned Development Zoning District Rezoning and Stage I Development Plan The Stage I Development Plan, which contains all of the development standards for the project, is included in the Ordinance (Attachment 1 to this report). Planning Commission Action: The Planning Commission, at its meeting of February 10, 2004, considered the Addendum to the SEIR and Negative Declaration, the West Dublin BART Specific Plan Amendment, the rezoning to a Planned Development Zoning District, and the related Stage 1 Development Plan. The Planning Commission discussed items such as parking, future project review, and timing of the development. The Planning Commission approved a change to the Stage I Development Plan which would permit any use as listed in the Commercial B category of the Specific Plan to occupy the separate 7,500 square foot building and to not limit the occupant to restaurant or retail uses as originally suggested. The Planning Commission unanimously recommended approval of the project to the City Council. City Council Action: At a public heating held on March 2, 2004,'the City Council took several actions, including: 1. Approved Resolution 29-04, adopting an Addendum to both the Negative Declaration for the Downtown Specific Plan and the Supplemental EIR for the West Dublin/ Pleasanton BART Station and Transit Village Project and certify that it reviewed and considered the information contained in the EIR and Negative Declaration; 2. Introduced an Ordinance adopting a West Dublin BART Specific Plan amendment, approving the rezoning of property at 6600 Golden Gate Drive to a Planned Development Zoning District, and approving the related Stage 1 Development Plan; and 3. Approved Resolution 30-04, approving a waiver to the Inclusionary Zoning Ordinance per Section 8.68.040.E of the Dublin Municipal Code. As required by the Dublin Municipal Code, a second reading of the proposed Ordinance is necessary prior to final adoption of the Planned Development Rezoning and Stage 1 Development Plan, CONCLUSION: This application has been reviewed by the applicable City departments and agencies, and their comments were incorporated into the approved Stage 1 Development Plan. The proposed project is consistent with the Dublin General Plan, West Dublin BART Specific Plan (with the approved amendments), and represents an appropriate project for the site. RECOMMENDATION: Staff recommends that the City Council (1) Open Public Hearing, (2) Receive Staff Presentation, (3) Receive Public Testimony, (4) Close Public Hearing, (5) Deliberate, and (6) Waive 2nd Reading and adopt an Ordinance adopting a West Dublin BART Specific Plan amendment, approving the rezoning of property at 6600 Golden Gate Drive to a Planned Development Zoning District, and approving the related Stage 1 Development Plan. ORDINANCE NO. -04 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE WEST DUBLIN BART SPECIFIC PLAN, AMENDING THE ZONING MAP TO REZONE A PARCEL AT 6600 GOLDEN GATE DRIVE (APN 941-1500-046) TO A PLANNED DEVELOPMENT ZONING DISTRICT, AND APPROVING THE RELATED STAGE 1 DEVELOPMENT PLAN PA 03-033 The Dublin City Council does ordain as follows: SECTION 1: Findings A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows. 1. The Planned Development Zoning District meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that is sensitive to surrounding land uses by virtue of the layout and design of the site plan, and uses creative design and a mix of complementary uses to establish the project as a focal point for the area surrounding the future West Dublin/Pleasanton BART Station. 2. The Planned Development Zoning District will be harmonious and compatible with existing and future development in the surrounding area in that the residential, hotel, and commercial use of the site will be complimentary uses to the future transit West Dublin/Pleasanton BART Station. The land uses and site plan provide an efficient use of the property and are compatible with the existing retail, office, and light industrial uses surrounding the property as well as to the more intensive land uses that will likely develop in the future. B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows. 1. The Site is a relatively fiat, infill site, with existing infrastructure (including roads, sewer, storm drain, potable and recycled water, natural gas, and electricity) located immediately adjacent to the site and no major or unusual physical or topographic constraints and thus is physically suitable for the residential, hotel, and commercial project proposed for the Planned Development Zoning District. 2. The Planned Development Zoning District will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that the project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. 3. The Planned Development Zoning District is consistent with the General Plan and West Dublin BART Specific Plan in that the project includes companion amendments to the West Dublin BART Specific Plan were approved by the City Council in Resolution XX-04 on March 2, 2004, and which amendments proposed the land uses and development plans reflected in the proposed Planned Development Zoning District. 'ATTACHMENT C. Pursuant to the California Environmental Quality Act, the City Council adopted an Addendum to both the Negative Declaration for the Downtown Specific Plan and the Supplemental EIR for the West Dublin/Pleasanton BART Station and Transit Village Project and certifying that the City reviewed and considered the information contained in the EIR and Negative Declaration, as required to support approval of the project, including approval of the Planned Development Zoning District. SECTION 2: Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the following property ("the Property") to a Plmmed Development (PA 03-033) Zoning District: Approximately 7.26 acres of land located at 6600 Golden Gate Drive and further identified as Assessor Parcel Number 941-1500-046 A map of the rezoning area is shown below: SECTION 3: The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 1 Development Plan for the project area, which is hereby approved. Any amendments to the Stage 1 Development Plan shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for residential, hotel, and small-scale commercial development on property at 6600 Golden Gate Drive (APN 941-1500- 046). This Development Plan meets all of the requirements for Stage 1 review of the project. This Development Plan is also represented by the attached Aerial Photo and Stage 1 Conceptual Site Plan. The Planned Development Zoning District allows the flexibility needed to encourage innovative 2 development while ensuring that the goals, policies, and action programs of the General Plan, West Dublin BART Specific Plan, and provisions of Section 8.32 of the Zoning Ordinance are satisfied. Except as specifically modified by the provisions of this Planned Development Zoning District/Stage I Development Plan, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this Planned Development Zoning District. 1. Zoning: Planned Development (PA 03-033), rezoning project site from Planned Development (PA 02-014, West Dublin BART Specific Plan) 2. Statement of Approved Uses The proposed uses include high-density residential, hotel, and small-scale commercial uses. The residential portion of the development will be located furthest from the freeway and would include 210 apartments in a four-story building wrapped around structured parking. Additional surface parking would be provided along the western boundary of the residential site. The five-story, 150-room hotel will be located on the southern portion of the site adjacent to 1-580. The ancillary small-scale commercial pad will be located at the end of Golden Gate Drive, adjacent to the hotel. The proposed building will be 7,500 square feet. The commercial uses allowed at the site will be those listed in the West Dublin BART Specific Plan "Commercial B' land use category: small scale uses including specialty retail, restaurants, offices, entertainment and similar pedestrian- oriented uses. The exact uses permitted will be determined at the Stage 2 Development Plan. The location of the hotel, high-density residential dwelling units, and commercial pad shall be generally as shown on the West Dublin BART Transit Village Conceptual Landscape Plan, attached, with minor adjustments to the parking layout and site circulation. These minor modifications will address issues relating to joint vehicular access between this project and the future office and residential development to the west. Another minor modification to be made is the provision of a pedestrian walkway across the BART parcel that would serve to connect the future office and residential development to the west with Golden Gate Drive, thereby providing a more direct route to access the future BART station. 3. Stage I Conceptual Site and Landscape Plan (Attached as Exhibit 1) 4. Site Details The Project site is a total of 7.26 acres. The site will ultimately be divided into three parcels. By use, the site areas will be as follows: 3.65 acres for residential, 2.43 acres for hotel, and 1.16 acre for small-scale commercial. 5. Maximum development density permitted The maximum density for the residential parcel will be 58 units per acre with a maximum of 210 total units. The maximum square footage is 79,500 square feet/150 rooms for the hotel and 7,500 square feet for the small-scale commercial. Setbacks and building envelopes for buildings, structures, and parking areas shall be generally as shown on the Stage 1 Conceptual Site and Landscape Plan as attached. The maximum height permitted on the parcels shall be in accordance with the West Dublin BART Specific Plan and the City of Dublin General Plan, as amended in December 2000. 6. Phasing plan It is anticipated that the construction of the apartments will commence in the summer of 2004 and will be completed by December 2005. The hotel and ancillary small-scale commercial are anticipated to be under construction from October 2006 through December 2007. 7. Conceptual Landscape Plan (Attached as Exhibit 1) 8. Consistency with General Plan and West Dublin BART Specific Plan Portion of General Plan Land Consistent West Dublin BART Consistent with SP? Project Use designation with GP? Specific Plan land use designation High- High-Density Yes Residential Yes, upon approval of a SP Density Residential amendment to allow higher unit Residential count (210 units instead of 160 units) and higher density (58 units/acre instead of 45 units/acre.) Hotel Retail/Office Yes Lodging Yes Small-scale Retail/Office Yes Lodging Yes, upon approval of a SP commercial amendment to Commercial B land use category to allow commercial use. The West Dublin BART Specific Plan amendment was approved by City Council on March 2, 2004, Resolution xx-04. The project is consistent with the General Plan land use designation for the site as High Density Residential for the northern portion of the site and Retail/Office for the southern portion of the site. The Retail/Office land use designation allows for such uses as restaurants, retail establishments, and hotels. The Specific Plan land use designations for the property are Residential (R) for the northern portion of the property, and Hotel/Lodging (L) and Commercial B (COM B) for the southern portion of the property (See Exhibit 2). The project density of 210 dwelling units at 58 units/acre is consistent with the Specific Plan. 9. Consistency with Inclusionary Zoning Regulations The Applicant requested a waiver of the City's Inclusionary Zoning Regulations under Section 8.68.040 (E) of the City of Dublin Municipal Code. The waiver to the City of Dublin Inclusionary Zoning Regulations was approved/denied by City Council on March 2, 2004, Resolution xx-04. 10. Aerial Photo (Attached as Exhibit 3) 11. Compliance with the adopted mitigation measures The Applicant/Developer is required to comply with all applicable action programs and mitigation measures of the Final West Dublin/Pleasanton BART Station and Transit Village Project Supplemental Environmental Impact Report (SEIR), the Final Dublin/Pleasanton Extension Project EIR, and the Mitigation Monitoring and Reporting Plan (MMRP) certified and adopted by the Bay Area Rapid Transit District (BART) Board of Directors. Additionally, the Applicant/Developer shall comply with all applicable action programs and mitigation measures of the Negative Declaration for the West Dublin BART Specific Plan and those policies and programs contained in the West Dublin BART Specific Plan approved by the City of Dublin. SECTION 4: No development shall occur on this property until a Stage 2 Development Plan and Site Development Review permit have been approved for the property. Except as provided in the Stage 1 Development Plan/Planned Development Zoning District, the use, development, improvement, and maintenance of the Property shall be governed by the provisions of the Dublin Zoning Ordinance. SECTION 5: This Ordinance shall take effect and be enforced upon the effective date of the West Dublin BART Specific Plan amendment in PA 03-033. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. SECTION 6: This ordinance shall take effect and be enforced thirty (30) days fi.om and after its passage. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 2nd day of March 2004, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:~PA#X2003\03-033 West Dublin BART Apts-Hotel\CC Ord PD.doc WAREHOUSE ....zcu~'n' EX/STING ~ LIGHT ........... INDUSTRIAL ~FUTLIRE ~TURE HOTEL SITE ! , FUTURE ~ ...... - RESTAURAN:T ~'TE ~NOTAPARn ~ ~ , GOLDEN GA TE DRIVE ~ BART P~KING STRUCTURE & INTERMODAL BUS STATION (NOT A PART) ~ ~ EXISTIN~ LIGHT INDUSTRIAU OFFICE I ~/STING AUTO DE~ERSHIP EXISTING LIGHT INDUSTR/A~ OFFICE RE~ JUL Y 30, 2003 A3045 JUL Y28, 2~3 Wost D~Di/n Ba~ Trans/t V/li~o ~, c~u~o~ D~bl/n Ap I[x~b~ Or/x West a~ments, LLC Pl~edDevelormentZon~gDis~cffSmge 1Development Plan Development zoning District: ~i~os~ s~t~,~o, s~.c~. ~o~ Stage 1 Conceptual site and Landscape Pla Existing Land Use Plan for West Dublin BART Specific Plan: Proposed Land Use Plan for West Dublin BART Specific Plan: IExhibit 2 to Planned ~~m6nt zoning Di stri ct: Land Use Plan for West Dublin Exhibit 3 to Planned ~ ~ D~i-6~m~nt z°ning DiStri ct: ~ CITY CLER File # ~_~[-~-~--~--] AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 2, 2004 SUBJECT: PUBLIC HEARING - PA 03-033 Stage I Planned Development Zoning District, West Dublin BART Specific Plan Amendment, and request for an Inclusionary Zoning waiver for a residential, hotel, and small-Scale commercial development on property at 6600 Golden Gate Drive (APN 941-1500-046) Report Prepared by: Kristi Bascom, Associate Planner ATTACHMENTS: 1. Resolution adopting an Addendum to both the Negative Declaration for the Downtown Specific Plan and the Supplemental EIR for the West Dublin/Pleasanton BART Station and Transit Village Project and certifying that the City 'reviewed and considered the information contained in the EIR and Negative Declaration Exhibit 1: Addendum to the Supplemental EIR for the West Dublin/Pleasanton BART Station and Transit Village Project and Negative Declaration for the Downtown Specific Plans Exhibit 2: Initial Study 2. Ordinance amending the West Dublin BART Specific Plan, rezoning property at 6600 Golden Gate Drive to a Planned Development Zoning District, and approving the related Stage 1 Development Plan Exhibit 1: Stage 1 Conceptual Site and Landscape Plan Exhibit 2: Land Use Plan for West Dublin BART Specific Plan Exhibit 3: Aerial Photo 3. Resolution approving a waiver to the Inclusionary Zoning Ordinance per Section 8.68.040.E 4. Resolution denying a waiver to the Inclusionary Zoning Ordinance per Section 8.68.040.E 5. Planning Commission Resolutions 04-05 and 04-06 6. Planning Commission Minutes dated February 10, 2004 7. Negative Declaration for the Downtown Specific Plans (adopted by the Dublin City Council on December 19, 2000) 8. Supplemental EIR for the West DublinfPleasanton BART Station and Transit Village Project (certified by the BART Board of Directors on April 2, 2001) COPIES TO: Applicant/Property Owner In House Distribution G:~PA#~003\03-033 West Dublin BART Apts-Hotel\CC Staff Report PD.doc ITEM ~~1 RECOMMENDATION: 1. Open public hearing i'~ o.~-"'t 2. Receive staffpresentation 3. Receive public testimony 4. Close public hearing 5. Deliberate 6. Waive Reading and APPROVE Resolution (Attachment 1) adopting an Addendum to both the Negative Declaration for the Downtown Specific Plan and the Supplemental EIR for the West Dublin/Pleasanton BART Station and Transit Village Project and certify that it reviewed and considered the information contained in the EIR and Negative Declaration 7. Waive Reading and INTRODUCE Ordinance (Attachment 2) adopting a West Dublin BART Specific Plan amendment, approving the rezoning of property at 6600 Golden Gate Drive to a Planned Development Zoning District, and approving the related Stage 1 Development Plan. 8. APPROVE Resolution (Attachment 3) approving a waiver to the Inclusionary Zoning Ordinance per Section 8.68.040.E FINANCIAL STATEMENT: Pursuant to the City's Memorandum o£Underst.anding with BART and the City of Pleasanton, the tax revenues generated from the development of this project have been pledged toward the payment of future debt serviCe associated with a bond issue for construction of the BART station. BACKGROUND: In 2000, the City Council approved three downtown specific plans aimed at guiding future development in Downtown Dublin. One of these specific plans covered the area south of Dublin Boulevard between Highway 680 and San Ramon Road, where the future West Dublin/Pleasanton BART Station is proposed to be built. The West Dublin BART Specific Plan outlined a design for the redevelopment of the area around the future transit station, envisioning a mixture of office, hotel, and residential uses. Two of the properties Closest to the future station have submitted applications for new development in the area. The subject proposal will help bring this area one step closer to realizing its ultimate development as a transit village. PROJECT DESCRIPTION: The proposed project consists of a West Dublin BART Specific Plan amendment, Planned Development Rezoning, and related Stage 1 Development Plan and to permit 210 apartments, a 150-room hotel, and 7,500 square foot small-scale commercial pad on approximately 7.26 acres at 6600 Golden Gate Drive, adjacent to the future West Dublin BART station. The Applicant is also requesting a waiver to the Inclusionary Zoning requirements per Section 8.68.040.E of the Dublin Municipal Code. The high-density residential portion of the development would be located on the southwest comer of St. Patrick Way and Golden Gate Drive, and is proposed as a four-story building wrapped around structured parking. The hotel portion of the project would be located closest to Highway 580, and is proposed as a five-story hotel with surface parking and some parking within the future BART garage (which will be built on a separate parcel). The small-scale commercial portion of the project would be located at the end of Golden Gate Drive, closest to the future BART station pedestrian bridge entrance. The single-story building will share the same surface parking lot as the hotel, and could be developed as any range of commercial uses, including restaurant, retail, office, or other small-scale commercial uses. At this time the Applicant is considering both possibilities. This flexibility can be preserved as long as total vehicle trips generated by the entire project is at or below that which has been studied and documented in the Initial Study and Addendum (Exhibits 1 and 2 to Attachment 1). ANALYSIS: Rezoning: The Stage I Development Plan, which contains greater detail regarding the project, is included as Exhibit 1 to Attachment 2 of this report. This section will briefly analyze each item of the Stage 1 Development Plan. 1. Zoning. The zoning for the property is currently Planned Development (West Dublin BART Specific Plan). The development standards for this zoning distriCt are those that are contained in the West Dublin BART Specific Plan, which permits residential uses on the northern portion of the property, and hotel uses on the southern portion of the property. Since the Applicant is proposing slightly different uses at different densities than is permitted in the Specific Plan Planned Development zoning, the Stage I Planned Development Zoning District will need to be changed to reflect the new Stage I Development Plan (see table under no. 8 below). 2. Statement of Proposed Uses. The proposed uses for the site include a 21 O-unit, four-story, high- density residential apartment project, a 150-room hotel, and a 7,500 square foot ancillary full- service/quality restaurant or retail establishment. These uses are permitted on the site assuming that the development regulations of the Dublin Zoning Ordinance can be met. No uses are permitted by Conditional Use Permit. 3. Stage 1 Site Plan. The Stage 1 Site Plan is a generalized, schematic depiction of the location of the proposed uses on the site. Minor adjustments to internal vehicle circulation routes, pedestrian connections between the project, the future land uses to the west, and the BART station, parking requirements and layout, and a more precise site plan will be developed at the subsequent PD Zoning District/Stage 2 Development Plan. Precise roadway and infrastructure improvements, which have already been discussed preliminarily, will also be formalized in the Stage 2 Development Plan. 4. Site Details. The Project site is a total of 7.26 acres. By use, the site areas will be as follows: 3.65 acres for residential, 2.43 acres for hotel, and 1.16 acres for small-scale commercial uses. 5. Maximum development density permitted. The maximum density for the residential portion of the project will be 58 traits per acre (maximum of 210 units). The maximum square footage for the hotel portion of the project is 79,500 square feet (maximum of 150 rooms). The maximum square footage for the small-scale commercial portion of the project is 7,500 square feet. 6. Phasing Plan. It is anticipated that the construction of the apartments will commence by the end of 2004 and will be completed by December 2005. As part of the residential phase of the development, approximately 1/3 of the length of the future St. Patrick Way will be built to serve this project. The remaining 2/3 of the road will be built when the office/residential development to the west is constructed. In the case that the office/residential project to the west develops first, the entire length of St. Patrick Way will be built at that time. The hotel and ancillary small-scale commercial portion of the project is anticipated to be under construction from October 2006 through December 2007. 7. Conceptual Landscape Plan. Attached to the Stage I Development Plan. 8. Consistency with General Plan and West Dublin BART Specific Plan. The proposed project is consistent with the General Plan and West Dublin BART Specific Plan in the following manner: General Plan and Specific Plan Consistency Portion of Project General Plan Land Consistent West Dublin BART Consistent with SP? Use designation with GP? Specific Plan land use designation High-Density High-Density Yes Residential Yes, but requires a SP amendment Residential Residential to allow higher unit count (210 units instead of 160 units) and higher density (58 units/acre instead of 45 units/acre.) Portion of Project General Plan Land Consistent West Dublin BART Consistent with SP? · Use designation with GP? Specific Plan land use designation Hotel Retail/Office Yes Lodging Yes Small-scale Retail/Office Yes Lodging No - requires a SP amendment to commercial Commercial B land use category to allow restaurant or retail use. 9. Inclusionary Zoning Regulations. In accordance with City policy, the Applicant shall comply with Chapter 8.68 of the Dublin Zoning Ordinance, Inclusionary Zoning Regulations, 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. Section 8.68.040.E allows for the City Council to waive, wholly or partially, the requirements of the Inclusionary Zoning Ordinance at their discretion. The Applicant has requested such a waiver and this request is discussed in a separate section of this report. 10. Aerial Photo. Attached to the Stage I Development Plan. Amendment to the West Dublin BART Specific Plan On August 19 2003, the City Council adopted a resolution approving a Specific Plan Amendment Study request for the project. In order to permit this application as proposed, the West Dublin BART Specific Plan would need to be amended as described below. Exhibit 1 to Attachment 1 illustrates the proposed land use designation change. 1. Change in maximum permitted density on the residential site from 160 dwelling units (45 units/acre) to 210 units (58 units/acre) in Table 5, Maximum Economic Development Potential. 2. Change text of Residential land use category to state that a high density range of 30 to 58 units/acre may be acceptable. The textual description of the residential land use category states that a high-density range of 30-50 dwelling units/acre may be acceptable in this location. The Applicant's proposal is for a density above this range, and the Specific Plan text would need to be amended accordingly. 3. Change in land use designation for a small part of the southern portion of the site from L (Lodging), which permits hotels and ancillary uses, to Commercial (B), which permits restaurants, retail and other smaller-scale commercial uses. The Applicant's proposal is for a quality restaurant or small-scale retail establishment that is supplemental to, and separate from, the hotel. These uses are not expressly permitted in the L (Lodging) category, so a portion of the site currently designated for the hotel will be changed to commercial uses, as illustrated in Exhibit 1 to Attachment 2. Request for Inclusionary Waiver: / 3 off-~{' Chapter 8.68 of the Dublin Municipal Code requires all new residential development projects of 20 units or more designed and intended for permanent occupancy to construct 12.5% of the total number of dwelling units within the development as affordable units, except as otherwise provided by the chapter. The Applicant is requesting a waiver of the City's Inclusionary Zoning Regulations under Section 8.68.040.E, which states "The City Council, at its discretion, may waive, wholly or partially, the requirements of this ordinance and approve alternate methods of compliance with this chapter if the applicant demonstrates, and the City Council finds, that such alternate methods meet the purposes of this chapter." The apartment portion of the project is part of the larger West Dublin/Pleasanton BART Station and Transit Village development. Income generated from the development of the private parcels in the Transit Village -- in the way of ground leases, BART ridership and municipal taxes -- will go to pay for the construction of the BART station. To adequately fund the station construction, it is necessary to maximize the proceeds from the private parcels. Waiving the Inclusionary Zoning Regulation will increase the value of the .land, increase the proceeds from the ground leases for the station, and reduce amount of the revenue bonds necessary to pay for the balance of the station construction. The City is also part of an agreement with BART to contribute City tax revenues, generated as a result of the private development in Dublin, to the debt service for the revenue bonds. The City will be relieved of its obligation within a certain window of time after the opening of the station. Maximizing the proceeds from the private development could allow the City to be released from their obligation sooner by increasing the property value, increasing the property tax proceeds, retiring the debt sooner, and thereby shortening the time where the City would need to contribute their tax revenues to bond service. Proceeds from the proposed development project will provide a critical piece of the funding for the future West Dublin/Pleasanton BART station. By granting a waiver to the Inclusionary Zoning regulations, the development project will be more viable and profitable, and thereby increasing the funds available to construct the future BART station in a timely fashion. Once the West DublinfPleasanton BART station is under construction, property near the station and in Downtown Dublin will become viable for residential uses and new opportunities for affordable housing will be introduced to the community. Although the project itself may not provide affordable housing units, through the development of the BART station, it will influence the development of future residential projects that will contain units affordable to a range of income categories. Staff finds that the approval of the waiver could jump start residential development in the area and eventually result in an increase in the production of affordable residential units, which is one of the purposes of the Inclusionary Zoning regulations per Section 8.68.010.A of the ordinance. Staff supports approving the waiver request, but resolutions both approving and denying the waiver request are included with this Staff Report as Attachments 3 and 4 for the City Council's review and consideration. Environmental Review: On February 8, 1990, the BART Board of Directors approved the extension of the BART transportation system to Dublin and Pleasanton. Along with approval of the Dublin/Pleasanton extension, they certified an Environmental Impact Report that evaluated the environmental impacts associated with extending the BART rail line through the Livermore/Amador Valley area into the communities of Castro Valley, Dublin, Pleasanton, and Livermore. In 2001,. the BART Board of Directors finalized plans to construct the West Dublin/Pleasanton BART Station and the joint development of BART-owned pieces of property in both Dublin and Pleasanton, including the project site. In approving the plan, BART, as the lead agency, certified a Supplemental EIR for the West Dublin/Pleasanton BART Station and Transit Village Project on April 2, 2001. BART is the lead agency for this project, and the City is a responsible agency under CEQA. As a responsible agency, the City's role is very limited. Rather than certify Lead Agency's document as adequate, CEQA Guidelines require the decision-making body of a responsible agency o.nly to certify that it reviewed and considered the information contained in the EIR prepared by the Lead Agency. The City reviewed and commented on the Draft SEIR when it was cirCulated in 2000 and had submitted comments on noise impacts, issues regarding parking provided by the proposed project, and possible traffic impacts of the development. These concerns were addressed in the Final SEIR and the City did not challenge the response. This project is within the boundaries of the West Dublin BART' Specific Plan area. The Specific Plan was adopted on December 19, 2000 and is intended to guide future development in the area. A Negative Declaration was also adopted on the same date that provided an environmental analysis for the three downtown specific plans together. For the subject site, the West Dublin BART Specific Plan envisioned the development of a 240-room hotel and 160 high-density residential units, and the Negative Declaration examined the potential impacts of such a project. However, the development that is now proposed to take place on the Dublin parcel is slightly different than the project that was analyzed in both the Supplemental EIR and the Negative Declaration prepared for the Downtown Specific Plans. In order to determine if there were any environmental impacts that are present with the revised project proposal that were not already addressed (and mitigated if necessary) in the Supplemental EIR or the Negative Declaration, an Initial Study was completed (Exhibit 2 to Attachment 1). The Initial Study, dated January 12, 2004, determined that the potentially significant effects of the project were adequately addressed in both the Supplemental EIR and Negative Declaration. No significant new information has arisen for this project during the preparation of the Initial Study that would require further enVironmental review. An Addendum to the Supplemental EIR and Negative Declaration has been prepared which notes the minor land use changes and their relation to the certified Supplemental EIR analysis and Negative Declaration (Exhibit 1 to Attachment 1). The Applicant/Developer is required to comply with all applicable action programs and mitigation measures of the Final West Dublin/Pleasanton BART Station and Transit Village Project Supplemental Environmental Impact Report (SEIR), the Final Dublin/Pleasanton Extension Project EIR, and the Mitigation Monitoring and Reporting Plan (MMRP) certified and adopted by the Bay Area Rapid Transit District (BART) Board of Directors. Additionally, the Applicant/Developer shall comply with all applicable action programs and mitigation measures of the Negative Declaration for the West Dublin BART Specific Plan and those policies and programs contained in the West Dublin BART Specific Plan approved by the City of Dublin. Planning Commission Action: The Planning Commission, at its meeting of February 10, 2004, considered the Addendum to the SEIR and Negative Declaration, the West Dublin BART Specific Plan Amendment, the rezoning to a Planned Development Zoning District, and the related Stage 1 Development Plan. The Planning Commission was informed of the Applicant's request for an Inclusionary Zoning waiver and the fact that the City Council would be acting on the request at a public heating. The Planning Commission discussed items such as parking, future project review, and timing of the development. The Planning Commission approved a change to the Stage I Development Plan which ,--- would permit any use as listed in the Commercial B category of the Specific Plan to occupy the separate 7,500 square foot building and to not limit the occupant to restaurant or retail uses as originally suggested. The Planning Commission tmanimously recommended to the City Council adoption of the Addendum and certification that it reviewed and considered the information contained in the SEIR, adoption of the West Dublin BART Specific Plan amendments, and rezoning the property to a Planned Development Zoning District, and approving the related Stage 1 Development Plan. CONCLUSION: This application has been reviewed by the applicable City departments and agencies, and their comments have been incorporated into the Stage 1 Development Plan. The proposed project is consistent with the Dublin General Plan, West Dublin BART Specific Plan (with the approved amendments), and represents an appropriate project for the site. RECOMMENDATION: Staff recommends that the City Council (1) Open Public Hearing, (2) Receive Staff Presentation, (3) Receive Public Testimony, (4) Close Public Hearing, (5) Deliberate, (6) Adopt Resolution adopting an Addendum to both the Negative Declaration for the Downtown Specific Plan and the Supplemental EIR for the West Dublin/Pleasanton BART Station and Transit Village Project and certify that it reviewed and considered the information contained in the EIR and Negative Declaration, (7) Waive Reading and introduce Ordinance adopting a West Dublin BART Specific Plan amendment, approving the rezoning of property at 6600 Golden Gate Drive to a Planned Development Zoning District, and approving the related Stage 1 Development Plan, and (8) Adopt Resolution approving a waiver to the Inclusionary Zoning Ordinance per Section 8.68.040.E.