REPORT TO PARKS & RECREATION COMMISSION
SUBJECT
Title
Action on the Proposed Revised 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 <http://www.codepublishing.com/CA/SantaClara/> (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 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 due in-lieu of parkland dedication in compliance with City Code 17.35. The 0.55-acre improved parkland will also satisfy the developer’s PHD Specific Plan pro-rata requirement as part of a 1.75-acre park that straddles adjacent property lines. While the two public park parcels will be developed and dedicated to the City at separate times by different developers, the final park design will be an integrated, cohesive park experience for the new PHD Specific Plan neighborhood.
As required in the City Code, 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 Mini Park in accordance with the approved schematic design; and
4. Dedicate the improved park to the City in fee title.
At its March 19, 2024 meeting, the Parks & Recreation Commission (Commission) received a presentation of the initial proposed schematic design for the Mini Park, requested public comment, and provided Commission input (Attachment 2).
An online survey soliciting community input was posted on the City’s Park Projects webpage after the Commission Meeting. The survey was open from March 20, 2024 through April 12, 2024. Notice was announced at the Commission Meeting and an email was sent using the City’s GovDelivery system. In addition, there were two pop-up community engagement sessions 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.
DISCUSSION
At the October 21, 2024 meeting, the Commission will receive a presentation (Attachment 3) by the Developer with a proposed revised schematic design for the mini park to address the following items:
1. The Developer’s riparian mitigation obligation; and
2. The public survey & community engagement event results.
The Developer proposes to dedicate a .55-acre mini park, which includes the following easements and encumbrances that restrict the use of the park:
1. Joint trench line in the sidewalk
2. Pad mounted transformer
3. Switch vault
4. Set back requirements for the transformer and the switch vault
5. PG&E easement within the lawn and across the sidewalk that is 15-feet wide and totals 2,361 sq. ft. (0.0542-ac)
6. Riparian Mitigation Measure that is approximately 67-feet wide by 91-feet wide on the west side of the mini park - 6,098 sq. ft. (0.14-ac)
Due to the site location of the residential building, the Developer is required to provide mitigation to offset the project’s impact on the ecological functions and values of the riparian corridor (Attachment 4). The Developer has not been able to secure mitigation offsite (Attachment 5); therefore the City has agreed to accept the Developer’s riparian mitigation obligation of 0.14-acres (6.098 sq. ft.) within the park parcel. However, given the concession to accept the mitigation in the park, no credit against the project’s parkland dedication requirement will be provided for the riparian mitigation area.
The revised schematic design presented today also addresses the community’s priorities. 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.
Some of the concerns from the community included the desire for a larger park, signage to prevent the lawn from being used as a dog run, and shade. Regarding the concerns from the community, the desire for a larger park is met by the provision that 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. While the two public park parcels will be developed and dedicated to the City at separate times by different developers, the final park design will be a larger, integrated, cohesive park experience for the new PHD Specific Plan neighborhood. Signage for the lawn prohibiting off-leash dog usage could be an option that is considered. Trees were included in the original design and may provide the requested shade with the inclusion of large specimen tree species.
Some of the highly requested features, which were already a part of the original proposed schematic design, included:
• Children’s activities
• Pedestrian pathways
• Outdoor seating for gathering
• Picnic areas
The Commission will review the Schematic Design, receive public comment, and make a possible recommendation to the City Council for approval.
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 staff time, to the General Fund for 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 and the Community Development Department.
PUBLIC CONTACT
Public contact was made by posting the Parks & Recreation 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
Recommend that the City Council approve the proposed Revised Schematic Design for the New Public Mini Park at 4590 Patrick Henry Drive.
Staff
Prepared by: Gina Saporito, Staff Analyst
Reviewed by: Dale Seale, Deputy Parks & Recreation Director
Approved by: Cynthia Bojorquez, Assistant City Manager and Acting Director of Parks & Recreation
ATTACHMENTS
1. Patrick Henry Drive Specific Plan
2. 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. Revised Mini Park Schematic Design Presentation - 4590 Patrick Henry Drive
4. The Patrick Henry Biological Resources Report, Appendix C
5. Riparian Mitigation Memo