REPORT TO CITY COUNCIL
SUBJECT
Title
Action on the Schematic Design for the New Public Mini Park at 4590 Patrick Henry Drive
Report
COUNCIL PILLAR
Enhance Community Sports, Recreational and Arts Assets
Deliver and Enhance High Quality Efficient Services and Infrastructure
Enhance Community Engagement and Transparency
BACKGROUND
Santa Clara City Code Chapter 17.35 (Park and Recreational Land) requires new residential development to provide developed parkland and recreational amenities pursuant to either the California Quimby Act (Quimby) and/or the Mitigation Fee Act (MFA), and/or pay a fee in-lieu thereof to serve the needs of residents in the immediate neighborhood of the development to reduce potential impacts on the City park system.
On March 22, 2022, the City Council adopted the Patrick Henry Drive (PHD) Specific Plan (Attachment 1 - PHD Specific Plan) which provides guidelines for projects proposed within the 74-acre specific plan area bounded by Calabazas Creek, Mission Community College, Great America Parkway, and the San Francisco Public Utilities Commission (SFPUC).
On June 6, 2023, the Walnut Hill Group (Developer), submitted a project application for a 284-unit multi-family residential project on a 2.79-acre site to be located at 4590 Patrick Henry Drive (Project). The Project will meet its parkland dedication requirements through the construction and dedication of a 0.55-acre mini park and payment of Mitigation Fee Act (MFA) fees in the amount of $8,916,557 due in-lieu of parkland dedication in compliance with City Code 17.35.
The purpose of this item is to obtain City Council direction on the proposed schematic design.
DISCUSSION
The proposed mini park will satisfy a portion of Developer’s parkland dedication requirements. However, because the proposed park site includes encumbrances that restrict the use of the park, 100% credit for the site will not be provided under the terms of the City’s Parkland Dedication Ordinance. The following encumbrances exist on the site:
1. A joint trench line in the sidewalk that serves other properties and is not dedicated to the park parcel;
2. An existing SVP switch vault and 5-foot perimeter set back requirements at the edge of the park that must remain in its current location because it serves the surrounding properties in the area;
3. An existing PG&E easement that is 15-feet wide and totals 2,361 sq. ft. (0.0542-ac) within the lawn and across the sidewalk that must remain in its current location because the Developer can neither assign nor remove it. This easement limits the park design and the City’s use of this area because structures such as buildings, walls, fences, tables, etc., cannot be constructed or placed in this area; and
4. A riparian mitigation area approximately 67-feet wide by 91-feet long totaling 6,098 sq. ft. (0.14-ac), which must be located on the west side of the mini park. The area is required to mitigate a 6,098 sq. ft. encroachment by the Developer’s residential building into the required 100-foot setback area from the Calabazas Creek because the Developer has been unable to secure mitigation offsite.
Because of these encumbrances, no credit against the project’s parkland dedication requirement will be provided for these items.
The 0.55-acre improved parkland will satisfy the developer’s PHD Specific Plan pro-rata requirement as part of a 1.75-acre park that straddles adjacent property lines. Please note, while the two public park parcels will be developed and dedicated to the City of Santa Clara at separate times by different developers, the final park design will be an integrated, cohesive park experience for the new PHD Specific Plan neighborhood.
On March 19, 2024, the Parks & Recreation Commission (Commission) received a presentation on the proposed schematic design and amenities for the mini park, requested public comment, provided Commission input, and opened the public comment period for further community outreach (Attachment 2).
Community Outreach & Public Input
An online survey soliciting community input was posted on the City’s Park Projects webpage following the March 19, 2024, Commission meeting. The survey was open from March 20, 2024, through April 12, 2024. Notice of the online survey was announced at the Commission meeting and an email was sent using the City’s GovDelivery system. Two pop-up community engagement sessions were held on April 2, 2024, at the following locations and times:
• Senior Center from 10:30 a.m. to 12:00 p.m.
• Community Recreation Center from 3:30 p.m. to 5:00 p.m.
There were 175 responses to the online survey, 47 attendees at the Senior Center pop-up event, and 15 attendees at the Community Recreation Center pop-up event.
The original design meets three (3) of the eight (8) elements outlined in City Code Chapter 17.35. The City is recommending acceptance of a 6,957 sq. ft. turfed play field to satisfy the requirement for a fourth (4th) element as this 0.55-acre mini park is the Developer’s PHD Specific Plan pro-rata share requirement of the larger 1.75-acre park that will straddle adjacent property lines.
Community priorities for features in the park included:
• Children’s activities
• Pedestrian pathways
• Outdoor seating areas
• Picnic areas
Presentation of Revised Schematic Design to the Parks & Recreation Commission
Due to the proximity of the proposed residential building to an environmentally sensitive area, the Developer is required to provide a riparian mitigation area to offset the project’s impact on the ecological functions and values of the riparian corridor (Attachment 3).
Despite their efforts, the Developer has been unable to secure offsite mitigation and has asked that the City of Santa Clara allow for onsite mitigation (Attachment 4). The City has agreed to accept the Developer’s riparian mitigation obligation of 6,098 sq. ft. (0.14-acres) within the park parcel with two conditions: 1) that a revised schematic design be presented to the Parks and Recreation Commission for public comment and reconsideration to ensure transparency; and 2) that no credit be given against the project’s parkland dedication requirement for the riparian mitigation area so as not to reduce the developer’s parkland dedication obligations.
On October 21, 2024, the Parks & Recreation Commission received a presentation (Attachment 5) by the Developer on the revised mini park schematic design. The Commission reviewed the schematic design which addressed the easements and encumbrances restricting the use of the park, as well as the community priorities and concerns received through the survey and community engagement.
The park improvements will be constructed by the Developer based on the City’s design criteria and standard specifications. In addition, the park improvements will be maintained by the Developer after dedication.
Once approved, the Developer will:
1. Enter into a park improvement agreement with the City;
2. Enter into a park maintenance agreement with the City;
3. Design and construct the park improvements to the satisfaction and acceptance of the City;
4. Dedicate the improved park to the City in fee title; and
5. Record the parcel dedication with the County of Santa Clara.
The Commission recommended that the City Council approve the 4590 Patrick Henry Drive Park Schematic Design as presented.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment. Notwithstanding the foregoing, the activity covered by this residential development project falls within the scope of the project analyzed under the Environmental Impact Report (EIR) for the PHD Specific Plan which included the construction of parks and was approved on March 22, 2022 (Resolution No. 22-9061) pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.).
FISCAL IMPACT
There is no fiscal impact other than budgeted department staff time for coordinating with the developer on the design and construction of the mini park. The developer will design the mini park to City standards, construct the park improvements to code at no cost to the City, and dedicate the park to the City in fee title. In addition, the developer will enter into a park maintenance agreement with the City or participate in a Community Facilities District (CFD), or other mechanism to pay for ongoing maintenance and capital renewal of the mini park in conformance with the PHD Specific Plan.
COORDINATION
This report has been coordinated with the City Attorney’s Office, the Community Development Department, and the Finance Department.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Approve the Revised Schematic Design for the New Public Mini Park at 4590 Patrick Henry Drive
Staff
Prepared by: Gina Saporito, Staff Analyst
Reviewed by: Cynthia Bojorquez, Assistant City Manager and Acting Director of Parks & Recreation
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Patrick Henry Drive Specific Plan
2. Original Presentation to Parks & Recreation Commission (RTC 24-234: Action to Initiate the Formal Community Input Process on the Proposed Schematic Design of a New Public Mini Park at 4590 Patrick Henry Drive)
3. The Patrick Henry Biological Resources Report, Appendix C
4. Riparian Mitigation Memo
5. Revised Presentation to Parks & Recreation Commission (Mini Park Schematic Design Presentation - 4590 Patrick Henry Drive)