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HomeMy WebLinkAboutPC Agenda Statement 10-21-1992AGENDF TAIEI_LENT PLANNING COMMISSION MEETING OCTOBER 21, 1992 SUBJECT: Staff Responses to Comments Received on the Eastern Dublin Draft General Plan Amendment PREPARED BY: Brenda A. Gillarde, Project Coordinator ATTACHMENTS: 1. Letter from Ted Fairfield, dated September 7, 1992 RECOMMENDATION: 1. Hear Staff presentation 2. Review October 21 and September 23, 1992 agenda statements; discuss issues 3. Make recom mendations to Staff, via straw votes, on the issues outlined in the October 21 agenda statement 4. Continue public meeting to October 29, 1992 FINANCIAL STATEMENT: None BACKGROUND: Comments on the GPA come from three sources: 1) one letter dated September 7, 1991 (see Attachment 1); 2) several public comments which primarily referenced Specific Plan land use issues; and 3) the analysis on land use policy contained in the Eastern Dublin Draft Environmental Impact Report (DEIR). It is noted that a second letter on the Draft GPA/SP was received from the attorney for Mr. Fairfield on October 16, 1992. Staff clid not have time to review these comments in time for the October 21st meeting. Staff will submit responses for consideration by the Commission at a subsequent meeting. The following section addresses those comments that relate to policies contained in the proposed GPA. Public comments relating to land use issues will be raised during the upcoming Commission meetings on the Draft Specific Plan. Each comment is paraphrased and is followed by a staff recommendation/ explanation. Policy modifications are denoted by shut. for deleted text and by bold typeface for added text. The numbers in the left hand column refer the reader to the actual wording of the comment. Required action by the Planning Commission is indicated by bold typeface. Any direction given by the Commission should be done by straw vote since the public comment period on the Draft EIR remains open. DIC,U,SSION: 1. Letter from Ted Fairfield. dated September 7. 1992. 1-1 Comment: The terms "ridgeland" and "disfigure" are subjective and could have a major prohibitive effect on developability. (Draft GPA, 1 Policy 2.1.4 C, p. 14) In western Dublin, this prohibition only applies to areas viewable by existing Dublin residents (Draft GPA, Policy 2.1.4 G, p. 15). Staff Recommendation: Staff recommends that Policy 2.1.4 C on page 14 of the Draft GPA remain unchanged. The terms "ridgeland" and "disfigure" are contained in existing City policy which reads "Proposed site grading and means of access will not disfigure the ridgelands" (1985 City General Plan, p. 12). The Eastern Dublin General Plan Amendment/Specific Plan was designed to be essentially consistent with existing City policies. This was done in accordance with the consensus reached by the City Council during the study sessions held in 1990 and 1991. At that time, the consensus of the Council was to prepare a plan that maintained existing City policies regarding development on slopes and ridgelines. The letter makes reference to policy modifications for western Dublin which are less restrictive. The western Dublin General Plan Amendment was designed to apply only to western Dublin. Because of that site's unique physical characteristics (i.e., extensive steep topography, expansive tree cover, low visibility of site's developable area by the public), special policy modifications tailored to the site were necessary. If the same policy regarding development on ridgelands were applied to eastern Dublin, no development could occur in any area viewed by the public, which would be a major portion of eastern Dublin. (Refer to Eastern Dublin GPA, p. 15, item G(2).) Thus the western Dublin policy would be as, or more, restrictive in eastern Dublin. Commission Action Rewired: Direct Staff, by straw vote, on whether Policy 2.1.4 C, p. 14 of the Draft GPA, should be modified or remain unchanged as recom mended. 1-2 Comment: Development in eastern Dublin is prohibited on slopes over 30% whereas in western Dublin it can occur if certain findings are made. (Draft GPA, Policy 3.1 B and F, p. 17). Staff Recommendation: Staff recommends modifying Policy 3.1 B to add the following verbiage: Consider development in areas over 30 percent if the area is less than three acres in size and is located within an area designated for development that is less than 30 percent slope. The Draft GPA was designed to keep areas of 30 percent slope or greater free of development. However, in order to provide contiguous areas of development, it was necessary in some cases to include small areas of 30 percent slope. The proposed policy modification would clarify how developable areas were identified in the Draft GPA. Further exceptions to this policy should not be made. The slopes of eastern Dublin are highly visible to passing motorists, unlike the western Dublin site which was mostly obscured from views by motorists and existing residents. 2 The issue of substantially modifying existing City policy regarding development on slopes over 30 percent was discussed at the joint Planning Corn mission/ City Council study sessions held in 1991. The direction given to Staff was to develop a plan that was consistent with existing City policies regarding development on steep slopes. Following that directive, the Eastern Dublin GPA was designed to substantially avoid development on slopes over 30%. The plan provides for generous amounts of development while adhering to this policy: approximately 18,000 units and 11.6 million square feet of corn niercial space. Commission Action I_IssaiAd: Direct Staff, by straw vote, on whether Policy 3.1 B, p. 17 of the Draft GPA, should be modified as recommended. 1-3 Com ment: Preservation of oak woodlands, riparian vegetation and natural creeks as open space is required in eastern Dublin but not in western Dublin. (Draft CPA, Policy 3.1 A and E, p. 17). ,Staft Recom meridation: Staff reconi mends that Policy 3.1 A be modified as follows: Preserve Preservation of oak woodlands, riparian vegetation, and natural creeks as open space for their natural resource value is of the highest priority. Limited modification may be permitted on a case by case basis with adequate mitigation to replace disturbed resources. This modification provides some flexibility for those situations where it may not be possible to fully preserve the natural resource. The Eastern Dublin Specific Plan reflects this flexibility in several policies (Policy 6-9, 6-12 p. 64; Policy 6-15, 6-17, p. 66; Policy 6-21, p. 67). A subsequent specific plan for the remainder of the GPA area could also incorporate this type of flexibility. It should be noted that vegetative conditions on the eastern Dublin site are very different from western Dublin. The amount of tree cover is extremely limited, thereby making it very valuable habitat. Tassajara Creek is a major year round stream course and part of the regional park trail system. The significance of these resources warrants their protection to the maximum extent possible. Commission Action Required; Direct Staff, by straw vote, on whether Policy 3.1 Al p. 17 of the Draft GPA, should be modified as recommended. 1-4 Comment; Property owners in eastern Dublin are discouraged from cancelling Williamson Act Contracts whereas they are not in western Dublin (Draft GPA, Policy 3.2 A and D, p. 19). Staff Recom mendationi Staff recommends that Policy 3.2 A of the Draft GPA remain unchanged. Current City policy stipulates that proposals for conversion of Williamson Act Contract lands cannot be considered until two years prior to exbiration. 3 Also current language stipulates maintaining lands currently under Williamson Act in agriculture. In contrast, the Draft Eastern Dublin GPA revises this wording to allow for consideration of Williamson Act Contract cancellation and removes the two year restriction for consideration of development proposals on such lands (Draft GPA, Policy 3.2 A, p. 19). Com mission Action Required: Direct Staff, by straw vote, on whether Policy 3.2 A, p. 19 of the Draft GPA, should be modified or remain unchanged as recom mended. 1-5 Comment: Performance standards and an ordinance for runoff are proposed for run-off in eastern Dublin but not in western Dublin. (Draft GPA, Policy 7.2 C, H and I, p. 31) Staff Recommendation: Staff recommends that Policy 7.2 C remain unchanged. Policy 7.2 C is existing City general plan policy. A policy requiring erosion control plans was adopted for western Dublin which will likely be evaluated against any existing City programs to ensure consistency. Thus the erosion plan for western Dublin will likely be as restrictive as that for eastern Dublin. Commission Action Required: Direct Staff, by straw vote, on whether Policy 7.2 C, p. 31 of the Draft GPA, should be modified or remain unchanged as recom mended. 1-6 Comment: A fair share method needs to be developed for provision of parkland in eastern Dublin that provides for existing as well as future needs. (Draft GPA, Policy 3.3 G, p. 20) Staff Recom mendation: Staff acknowledges that a funding methodology needs to be developed for parklands as well as other infrastructure required for eastern Dublin. Development of these types of programs will occur as part of processing the Eastern Dublin Specific Plan, after it has been approved. The City has begun to address the issue via the fiscal studies done for the project; also a special presentation on funding mechanisms will be held before the City Council in November. Commission Action Reouired: None required at this time. 1-7 Comment: The road alignment for the extension of Doolan Canyon through the open space violates Policy 7.7 E of the Draft GPA (p. 34). Staff Recommendation: Staff recommends that Policy 7.7 E of the Draft GPA remain unchanged. This policy is current City general plan policy. An amendment is proposed to this policy to allow for some disturbance due to difficult terrain (Draft GPA, Policy 7.7 H, p. 34). However, the overall intent is to minimize grading for roads through open space areas. 4 The alignment for Doolan Canyon extension is conceptual; however, Staff Concurs that the alignment shown in the Draft General Plan Amendment may require steep grades and/or substantial grading. Staff is working with the consultant to devise an alternate layout. A recommendation will be presented at a subsequent Planning Com mission meeting. Commission Action Requited: None required at this time. 2. Draft EIR_ corn ments on_the_ r2rP.PQ_90 ...Eaggril QPIIRAILEian Amendment The Draft Eastern Dublin EIR made several observations on potential inconsistencies between existing General Plan policies which have been carried over unchanged into the Draft GPA and the proposed Draft Specific Plan. These potential inconsistencies between the Draft GPA and the Draft Specific Plan are listed below along with Staff recorn menclations. The Com mission action required is described at the end of this com ment/response section. 2-1 Com ment: Potential inconsistency between existing City Policy 3.1 A which requires preservation of oak woodlands, riparian vegetation and natural creeks as open space and the Draft Specific Plan which says "wherever possible". (Draft EIR, p. 3.1-25) Staff Recommendation: See response to corn ment 2-2 Com ment: Potential inconsistency between existing City Policy 3.1 B which maintains slopes over 30 percent as open space and the Draft Specific Plan which allows for some development in 30 percent areas. (Draft EIR, p. 3.1- 25) Staff Recommendation; See response to comment 2-3 Comment: Potential inconsistency between existing City Policy 8.2.3 A which preserves woodlands and the Draft Specific Plan which allows some removal under special circumstances. (Draft EIR, p. 3.1-32) Staff_ Recom merglation• Staff recoil) mends modifying Policy 8.2.3 A as follows: Protect riparian vegetation and prohibit removal of woodlands, wherever possible. Replant vegetation according to the standards in the Eastern Dublin Specific Plan. Renityval---fyf-an---411€1440.lektal-f)elt-tree They +e--e efts -Were +hrettg9t--tlie-pF eie et- -rev4ew tyr-o e e se: Also include a reference to General Plan policy 3.1 A, as modified (see response to comment 1-3). 2-4 Com ment; Potential inconsistency between existing City Policy 8.2.3 C which prohibits woodland removal and the Draft Specific Plan which allows some removal under special circumstances. (Draft EIR, p. 3.1-32) 5 Staff Recommgndation: Staff recommends modifying Policy 8.2.3 C to add the words "wherever possible" after the first sentence and to add c reference to Policy 3.1 Al as modified (see response to comment 1-3). 2-5 Comracnt.: The Draft EIR identifies additional potential inconsistencies between the following existing general plan policies and the proposed Eastern Dublin Specific Plan: CP 3.2A - Williamson Act lands (DEIR, p. 3.1-26) IP 7.7B - Restriction of lands designated as open space (DEIR, p. 3.1-26) IP 4.1B - Coordination with school districts (DEIR, p. 3.1-27) GP 4.3A - Expansion of wastewater facilities (DEIR p. 3.1-27) GP 4.4A - Planning and provision of water (DEIR p. 3.1-28) 5taff _Recommendation: Staff recommends that no modifications be made to these policies. Staff finds that the Specific Plan is consistent with these policies and will make recommendations to the Planning Commission at a later date regarding appropriate wording for the Final EIR. Commission Action Requireck Direct Staff, by straw vote, on whether the staff recommendation for comments 2-1 through 2-5 should be followed or should alternate actions be taken. EX,OIVIM EN DADON 1. Review October 21 and September 23, 1992 agenda statements 2. Discuss issues 3. Take action as outlined under "Commission Action Required" 4. Continue the public meeting to October 29, 1992 siedoct21 6 TED C. FAIRFIELD Consulting Civil Engineer September 7, 1992 Laurence Tong Planning Director City of Dublin 6500 Dublin Blvd. Dublin, CA 94568 Dear Larry: cc = - I V E D: iu92 DUBLIN PLANNING As an outgrowth of the meeting among you, Rod Andrade, Dennis Carrington and Brenda Gillarde on 8/17/92 I am submitting comments and concerns pertaining to the draft Eastern Dublin General Plan Amendment and Specific Plan. These comments represent the thinking of all members of the Lin Design Team (Rod, Jim Tong, Bob Harris and Marty Inderbitzen), in addition to myself. these comments are in addition to the formal responses we intend to make to the EIR and planning documents via the CEQA and public hearing procedures. Our initial comments pertain to the Eastern Dublin General Plan Amendment. Most of these comments have to do with how much more the proposed GPA constrains development in Eastern Dublin as compared to the development constraints proposed for Western Dublin (i.e., those properties covered by the Western Dublin Specific Plan). Examples of this are as follows: — In East Dublin, site grading and access roads cannot "disfigure" the ridgelands (p. 14). In West Dublin, this prohibition exists only where ridgelandc will be viewed from existing Dublin development (p. 15). Ridgelands are prominent features of the East Dublin area. "Ridgelands" can also be subjectively interpreted, and depending on how the terms "ridgeland" and "disfigure" are defined, this prohibition could have a major impact on the developability of the area. — In East Dublin, development is to be prohibited in areas over 30% slope. In ' `• l West Dublin, this restriction can be eliminated iminated i f three simple findings can be �•20 made by the City (p.17). — East Dublin developers are required to preserve oak woodlands, riparian ,' vegetation and natural creeks as open space. This directive does not seem to apply to West Dublin (p.17). P.O. Box 1148 • 5510 Sunol Blvd. • Pleasanton, California 94566 • (415) 462-1455 i • September 7, 1992 Laurence Tong Page 2 — Property owners in East Dublin are discouraged from applying for cancellation l-M of Williamson Act contracts where those in West Dublin aren't (p. 19). — Performance standards and an ordinance regulating run-off are proposed for East Dublin. No such mechanisms are proposed for West Dublin (p. 31). 1" — East and West Dublin have arbitrarily been treated differently. The value judgements made in West Dublin need to be applied consistently throughout the General Plan, including East Dublin! We have two other concerns about the GPA. First of all, Guiding Policy G under Amendment 3.3 states "Provide active parks and facilities which are adequate to meet citywide needs for open space, cultural, and sports facilities, as well as the local needs is of the Eastern Extended Planning Area." This seems to indicate that development in , East Dublin will pay for citywide recreation facilities even though there already may be a current need for such facilities. A means of everyone paying their fair share should,, be developed. Secondly, Implementing Policy E under Amendment 7.7 states thaf - roads which pass through open space areas shall be designed to minimize grading to the \-1 maximum extent possible. This policy was not followed by WRT in laying out the alignment of the Doolan Canyon connector. The balance of the comments in this letter pertain to the Specific Plan. — Section 3.5.1 calls for preservation and enhancement of the area's stream corridors, which are defined as Tassajara Creek and four intermittent stream corridors. Elsewhere the Plan seems to indicate that all watercourses (natural stream courses, stream courses, etc.) be preserved and enhanced. Figures 4.1 and 6.1 seem to show 8 open space corridors located in stream valleys. I assume Figures 4.1 and 6.1 govern, but it is important that this matter be clarified. Every swale in the plan area is a watercourse and if they all have to be preserved, then virtually no development can take place. The plan must be specific in which natural elements must be preserved. This comment also extends to section 3.5.2 where grading is discussed. Avoidance of extensive grading must be limited to sensitive areas defined in the plan. The amount of grading must not be the focus here, but rather the aesthetics quality of the developed product should be the plans concern. — Table 4.1 shows a floor area ratio of .25 for General Commercial and Industrial Park. This figure is unrealistically low. This same table shows the high school site at 55.3 acres. This is probably 15 acres larger than is necessary. • September 7, 1992 Laurence Tong Page 3 — The first sentence in Section 4.4.1 says 1,975 acres are devoted to residential land uses. This doesn't correspond with Table 4.1 which shows 1,703 acres of this designation. — Action Programs 4F and 4G call for development of an inclusionary housing program and in -lieu fees for Eastern Dublin. Why wouldn't such programs apply to the entire City? It is not equitable to assign responsibility of such a social problem to only the builders in East Dublin! As we have mentioned in the past, we don't feel inclusionary zoning is practical or workable. An in -lieu affordable housing fee would he much more effective. — Policy 4-26 calls for residential and employment generating uses to be developed concurrently. This is unworkable since employment usually follows creation of a work force. — Action Program 4N says credit toward parkland dedication will be given only for level or gently sloping areas suitable for active recreation use. It seems to me there is some recreation value to more steeply sloping land, therefore, some credit should be given for this type of terrain. Also it is unreasonable to think that naturally flat parksites exist in Fast Dublin. Much as the area needs to be graded for homes and "developed" uses; parks, too, will have to be created by grading efforts. — We have a number of questions and concerns regarding action Program 5A. Some of the curves on Fallon Road extension are in the 1,000 ft. radius range, but the minimum curve radius called out for arterial streets is 1,400 ft; on -street parking should probably be prohibited on major collector streets; the maximum grade on residential streets should be 15 % rather than 12 %; and more flexibility is needed on the length of cul-de-sac streets. — Action Program 5C calls for a minimum 300 ft. wide buffer between the Tassajara Creek trail and adjacent development. Depending upon where the trail is located, this could mean a set -back of 350 ft. to 400 ft. or more from the creek. This distance is excessive. Setbacks should be measured from creek banks and a minimum of 100' should be adequate. — Action Program 5F calls for businesses with 50 or more employees to prepare a TSM program. However, Section 3.4.6 says this will be required only of businesses with 500 or more employees. — Action Program 6A talks about open space management plans and calls for review of such plans by applicable agencies such as the Department of Fish and September 7, 1992 Laurence Tong Page 4 Game. We would urge that such review occur only when stipulated by the regulations of those agencies, e.g., in conjunction with a stream alteration permit in the case of Fish and Game. This comment also applies to Policy 6-9. — What is the rationale of requiring replacement of riparian habitat on a 3:1 basis (Policy 6-10)? — Policy 6-11 must apply only to the stream corridors shown on Figures 4.1 and 6.1 and then only in those areas where development has an impact on the stream corridors. When .revegetati.on does take place, why is Fish and Game approval required? Why isn't City approval alone satisfactory? — Policy 6-12 requiring detention basins should be eliminated. It is likely that piping systems will be necessary to control erosion; not provide increased capacity. Where major downstream facilities have been built and planned to accommodate more water, detention basins make little sense. — Policy 6-14 calls for avoidance of development which backs directly on a stream corridor. Policies such as this can sometimes place unreasonable constraints on development. — Action Program 6E is too broadly worded. Applicants should have to submit plans to the COE and Department of Fish and Game only in accordance with the official and formally adopted regulations of those agencies. — Action Program 6G should apply only to the stream corridors shown on Figures 4.1 and 6.1. — Policy 6-17 should apply only to rare and endangered species known to exist in the East Dublin area. — Action Program 6M is totally unreasonable. The cost of placing transmission lines underground would break any project. — Policy 6-29 seems to indicate development will not be allowed on the foreground hills and ridgelines if at any one spot on a defined scenic route, a backdrop of natural ridgelines does not remain visible. This is too draconian; development of such areas should be allowed when the general intent of not creating a silhouette is achieved. The same comment applies to Policy 6-30. — Policy 6-33 says grading shall not "disfigure" the foreground hills. What does disfigure mean? Some disturbance of these ares will be necessary in order to September 7, 1992 Laurence Tong Page 5 implement the plan. This should be acceptable provided such areas are properly restored. — Policies 6-34 through 6-36 get to the heart of our major concern about the Specific Plan. Figure 4.1 shows the developable areas and open space areas in Eastern Dublin. It is our opinion that grading must be allowed everywhere in the developable area if even the average densities shown in Figure 4.1 (and reflected in Table 4.1) are to be achieved. If Policies 6-34 through 6-36 (and many of the guidelines described for the Foothill Residential Subarea) are followed, it would be surprising if development at one-half of those residential densities could be achieved, at least as far as the Single Family and much of the Medium Density and Medium High Density Residential designations are concerned. Tassajara Village could not be constructed in any manner similar to the design shown in Chapter 7 if these policies and design guidelines are implemented. Therefore, instead of 12,500 units, the Plan would likely accommodate development in the range of only 9,000 to 10,000 units. This is an obvious inconsistency which is not reflected in other parts of the Specific Plan. Such a design concept jeopardizes the fiscal feasibility of the Specific Plan and reduces the Plans ability to provide moderately priced housing for the future jobholders in the area. This concern will be discussed further in our comments on Chapter 7. — Policy 6-38 must apply to major cut and fill slopes only. — Figure 6.2 is misleading. First of all, the golden eagle nest is not properly located. Secondly, even though the word potential is used, it conveys the feeling there are kit foxes in the area when there have been no confirmed sightings. — There are two discrepancies in Figure 6.3. The southernmost tributary of Tassajara Creek is shown as Tassajara Creek, this is incorrect; and the boundary of the golden eagle protection zone is not remotely similar to the area earlier agreed upon. — The design guidelines for Fallon Village call for buildings in the residential neighborhood south of the Transit Spine to be sited so they are not visible in views of the open space preserve from the south. This restriction may not be achievable without a severe impact on the developability of the residential neighborhood. — The design guidelines for Tassajara Village prohibit culverts or channelizing Tassajara Creek. Does this mean all of the crossings shown on the Tassajara September 7, 1992 Laurence Tong Page 6 Village Concept Plan must be bridges? This would be very expensive. Some channelization/stabilization of the Creek may be necessary in order to implement that village plan. We are concerned with the overall design of Tassajara Village as shown in Figure 7-28; there are too many (5) expensive crossings of Tassajara Creek, property lines haven't been respected and topographic constraints may cause problems. — Much of the Foothill Residential Subarea is shown as Single Family Residential on the Land Use Map (Figure 4.1). Large areas are devoted to Medium Density Residential as well. The Foothill residential design guidelines are impractical under the densities described in the Plan. These are the types of guidelines which would be used for custom homes in hillside areas at a density of about two units per acre or less!! As I mentioned previously, we feel it will be necessary to grade the entire developable area (as shown on Figure 4.1 but excluding Rural Residential) in order to achieve the densities called for in the Specific Plan. The maximum 65 % of parcel grading limitation is especially bothersome. Stepped building pads are not envisioned but elevation differences would take place between pads. Development would be very similar to the Vintage Hills section of Pleasanton. As I understood it from conversations with City staff, you were mainly concerned about streets which ramp directly up hill faces and extensive graded slopes between tiers of lots especially where this could be seen from scenic corridors. Our intention has always been to avoid this type of development, but to do so by grading relatively flat areas partially behind hills or berms, or in front of ridgeline backdrops so the development won't be obtrusive from off -site. — The design guidelines for the Gateway Subareas prohibit buildings adjacent to I-580 from being directly oriented toward it. Also heavy planting is called for along the freeway right-of-way to buffer these buildings. Exposure for buildings on this very valuable property is, therefore, going to be severely inhibited. — In some instances road rights -of -way standards are overly generous. this is especially true with regard to the widths of sidewalks. Also they include an over abundant amount of landscaping for this era of reduced water availability. — Action Program 7B is too exacting. Final grading plans, etc. should not be reviewed by a design review committee. Also perspectives/renderings should not be required as part of a design submittal. — Policy 8.2 should be modified by substituting "occupancy" for development in the second to last line. September 7, 1992 Laurence Tong Page 7 — Policy 8.3 should be amended by adding "according to state standards" at the end. — Action Program 8H should be modified to require City of Dublin approval of any DRFA standards. — We wonder why the Plan proposes combining the Camp Parks and Alameda County turnouts into the DSRSD system? — In view of the new NPDES requirements we feel Program 9T is unnecessary. — On p. 145 where DRFA impact fees are discussed, it mentions four fire stations will be required for the eastern Dublin build -out. Section 8.3.1 states two new stations will be needed. Larry, I realize this is a rather exhaustive list of comments, but I think they are all important. All of these items need to be addressed at this time in order for the development stage of the process to run smoothly. If you have any questions, please don't hesitate to contact me. Sincerely, Ted C. Fairfield TCF:dim