PLANNING COMMISSION
Staff Report
DATE: August 6, 2019
TO: Planning Commission
FROM: Debbie Chamberlain, Community Development Director By: Lauren Barr, Division Manager
SUBJECT: Public Hearing- Consolidated General Plan Amendment: 1. Mudd’s Property Land Use Designation and Rezone Change from Office to Park (GPA 19-400-002, RZ 19-600-002) 2. Laborer’s Property 15 Acre Urban Growth Boundary Adjustment (GPA 18-400-001)
EXECUTIVE SUMMARY
The City Council and Planning Commission are considering a consolidated General Plan Amendment associated with two distinct properties. The first is associated with the Mudd’s property, which was recently acquired by the City, and consists of a General Plan Amendment (GPA) and Rezone to change the General Plan land use designation from Office to Park and the Zoning Map designation from OL (Limited Office) to P (Park) to be consistent with the long-term use of the site.
The second GPA is associated with an Urban Growth Boundary (UGB) adjustment for the Laborers property. The Applicant is seeking to amend/expand the location of the UGB by approximately 15 acres to more accurately reflect the urban conditions at the Laborer’s training facility currently zoned for Public/Semipublic uses. As part of the property owner’s proposal, they have agreed to dedicate, at no cost, approximately 177 acre of open space to the East Bay Regional Park District as well as other future commitments to the City related to long term use of the property.
At the joint public hearing the City Council and Planning Commission where generally supportive of the proposed changes and had some general questions and comments. Specific comments on the UGB and dedication related to the potential trail alignment, timing of the granting of the easement and the first right of refusal for the housing site and remainder areas to the EBRPD. The August 6, 2019 public hearing will represent the second for three required public hearing before the Planning Commission.
RECOMMENDED ACTION
Receive the staff report, open the public hearing, take public testimony, close public testimony, provide direction to staff and continue the Planning Commission public hearing to August 20, 2017. No decision will be made at this meeting.
GENERAL INFORMATION
General Plan Amendment/Measure G:
The San Ramon General Plan is subject to Measure G (1999) which requires that subsequent amendments to the General Plan be adopted by a 4/5 vote of the City Council after recommendation in favor of such amendment is made by a 4/5 vote of the Planning Commission following a minimum of three public hearings before both the Planning Commission and City Council. Following the initial joint public hearing to introduce the General Plan Amendment to each body, 2 additional public hearings will be scheduled before each the Planning Commission and City Council.
Environmental Review/California Environmental Quality Act (CEQA) Status:
The proposed General Plan Amendments are exempt under Section 15061(b)(3) in accordance with the California Environmental Quality Act (CEQA) of 1970, as amended. The proposed changes relate to the Mudd’s property are in response to the City acquisition of the property and no physical changes are contemplated with the proposed General Plan and Zoning Map designation changes; further, the proposed change related to the location of the UGB line and does not propose any changes to the General Plan Land Use Designations or Zoning of an already urbanized parcel. As such the propose actions will not result in the possibility of significant impacts to the environment
Public Outreach/Notification:
On June 28, 2019, a notice for the July 9, 2019 City Council and Planning Commission joint public hearing, and the subsequent Planning Commission public hearings for August 6, 2019 and August 20, 2019, was mailed to all property owners within 300 ft. of the subject properties. The public notice was provided pursuant to Government Code Section 65091(a)(4) and Chapter D7-IV of the Municipal Code. On July 9, 2019, the Planning Commission continued the Public hearing to the August 6, 2019 meeting.
BACKGROUND/DISCUSSION MUDD’S PROPERTY
Project Location
Figure 1: Mudd’s Restaurant and Gardens
Applicant: Property Owners: City of San Ramon City of San Ramon
General Plan Designation: Zoning District: Office OL (Limited Office)
Background/Discussion
On May 28, 2019, the City initiated a General Plan Amendment(GPA) and Rezone to change the General Plan land use designation from Office to Park and the Zoning Map designation from OL (Limited Office) to P (Park) as shown below. Additional details of the site and project history have been provided as part of the staff report for the July 9, 2019 Joint Public Hearing with the City Council and Planning Commission. Larger graphics of the proposed changes have been provided as Attachment B.
Figure 2: General Plan Amendment
Current Zoning Map (Limited Office) Proposed Zoning Map (Park).
Figure 3: Rezone
The propose revision to the General Plan and Zoning Map will bring the property into conformance with its intended use as a park site. Any future improvements to the site will be subject to the Parks, Trail, Open Space and Recreation Master Plan vison for the site. Public
Joint City Council Planning Commission Public Hearing:
At the Joint City Council and Planning Commission public hearing there were several public comment in support of the proposed revisions to the site. Council and Commission comment where also in general support of the change and process for park development. There were some general comment regarding the consolidation of the existing and proposed site parcels into a single parcel. While there may be certain benefits to parcel consolidation, it is not required for the creation of a park. The future park programing can occur with multiple parcels under common City ownership or as a consolidated single parcel and is not a factor in the GPA or Rezone. If there are additional questions or clarifications about the proposed General Plan Amendment and rezone, staff will address them at the third Planning Commission Public Hearing
LABORER’S PROPERTY URBAN GROWTH BOUNDARY ADJUSTMENT
Project Location
1001 Westside Drive.
(APN: 211-040-013 and 211-040-030) (see Attachment A-2 for Vicinity Map)
Applicant: Property Owners: Doug Krah
1917 Parkmont Drive Alamo, CA 94507
Northern California Laborer’s PTF, LLC. Attn: Mark Taylor
1 Front Street #500 San Francisco, Ca 94111
General Plan Designation: Zoning District: Public and Semipublic Public/Semipublic- Westside Specific Plan
Background/Discussion
The Property owner has filed for a General Plan Amendment to include the existing training facility within the UGB to resolve any future question regarding the continued and future use of the training facility.
Figure 5: Laborers Training Facility
The training facility buildings are located within the City boundary, have urban services, but were not included within the City’s UGB at the time of its creation. Additional detail of the site and project history have been provided as part of the staff report for the July 9, 2019 Joint public hearing with the Planning Commission and City Council.
In addition, there is discussion regarding the property owner’s goals of the UGB adjustment, jurisdictional challenges, consistency with Measure J, and the City’s General Plan Policy 4.6-I-4 that allows for technical adjustments to the UGB of less than 25 acres. As summary of the applicant proposal is provided below:
1. Dedication of approximately 177 acres to the East Bay Regional Park District at no cost to aid in the assemblage of regional parkland on the Westside of the City.
Figure 6: EBRPD Dedication
2. Dedication of a 20’ public access easement (alignment to be determined) across the lower portions of the property to allow access to the upper 177 acres EBRPD dedication.
Figure 8: Access Easement
3. Further, the applicant has offered, future dedication to the City, approximately 80 acres (currently shown on the City of San Ramon's General Plan as Park) if and when a residential subdivision application is proposed and approved for the residential site adjacent to Westside Drive (GP Housing Opportunity Sites 18 and 19).
4. Additionally, the applicant has proposed a future UGB contraction, if and when a project is proposed and approved on the lower housing sites. The intent of this provision is to offset/minimize the current UGB expansion with the ultimate goal of being as close to net neutral as possible. The specific acreage and alignment of the revised UGB will be tied to the development of any future residential subdivision. Depending on the specifics of any proposal, an additional dedication or conservation easement may be considered as a practical way to maintain any remnant portion of the site as open space.
5. EBRPD has requested first right of refusal for the purchase of the lower acreage should the property owner seek to sell the property for development. Should this purchase option be exercised, EBRPD and the City will enter into an agreement related to the joint use of the lower park site consistent with the City General Plan to maintain the buildout ratio of 6.5 acres of public parks per 1000 residents.
Joint City Council/Planning Commission Public Hearing:
At the Joint City Council and Planning Commission public hearing there were several public comment in support of the proposed concept and dedication of open space on the Westside of the City to EBRPD. Specific Comments related to the trail alignment, timing of the granting of the easement and the first right of refusal for the housing site and remainder areas to the EBRPD.
Trail Alignment and Easement Timing:
Staff is aware of the Council and Commission’s a concerns that the access may be delayed is not specifically specified. Staff is working with the applicant and EBRPD to look at potential trail alignments to provide additional certainty including a potential access point from Centennial Park and existing access road along the ridgeline. The details and conveyance of the access easement will be finalized concurrently with the dedication of the upper 177 acres. The access easement may be a floating right recorded on the property, however, it is staff’s expectation that a specific alignment will substantially complete prior to the final acceptance of the dedication and that the City or EBRPD will be the specific beneficiary of the public access easement. Timing of public access to the public easement will be based on the trail improvements and ultimate access to the upper 177 acres subject to EBRPD jurisdiction.
First Right of Refusal:
Council and Commission had comments that in addition to the first right of refusal to purchase, EBRPD should also have the final option to purchase to provide additional opportunity for the acquisition of the property in a competitive market. The applicant has agreed to the concept, and it will be included in the final terms of the agreement.
In addition, there was also some questions regarding the area covered by the purchase option. In the event of the sale of the housing site to EBRPD, the dedication of the approximately 80 acre park site to the City would not be triggered. As such, the option area includes all the remaining lands outside the area reserved for the Laborers Training Facility operation. Figure 10 identifies
the boundary of the EBRPD purchase option. The option is only triggered in the event the current property owner seeks to sell all or a portion of the area covered by the option.
Figure 10: EBRPD Purchase Option Area FISCAL ANALYSIS
The re-designation of the Mudd’s property is a City initiated General Plan Amendment (GPA) and rezone necessary to accomplish the purpose for which the property was acquired. The proposed changes are part of the established workload necessary for implementation of the General Plan and Parks Master Plan. Costs associated with the GPA processing and mailings have been incorporated existing workload and Planning Division budget.
The Laborers GPA is a property owner initiated applications for which the cost of processing the application is paid for by the applicant. The dedication of the 177 acres to EBRPD is located within the County jurisdiction and will not impact property tax for the City. Any additional agreements or planning efforts with EBRPD outside of the GPA will be subject to staff time and the related costs. EBRPD will be responsible for their own costs associated with the dedication and implementation of the property agreement
NEXT STEPS
1. Planning Commission will hold their third public hearing, currently scheduled for August 20, 2019.
2. Following action by the Planning Commission’s third public hearing, the additional required hearings will be scheduled with the City Council.
EBRPD
Purchase Option
ATTACHMENT:
A: Vicinity Maps
B: General Plan and Rezone Maps
