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City Council - 3 - May 13, 1997 DISCUSSION During the public hearing, Rich Richards, of Friends of the Creek, said he had reviewed the site plan prior to the meeting. He said it would be desirable to have a protected pathway along the top of the creek bank rather than just a delineated walkway that would serve both pedestrians and cars. He said he and Friends of the Creek would be willing to work with the developer on a pathwalk. The Commission thought that this was a very exciting project that had been very well thought out. However, the Commission expressed concern over the small parcel that would remain on Clarke Street between the new building and the creek. With the building setback restrictions set by Alameda County Flood Control, that parcel becomes almost worthless if not combined with this development. The Commission felt it would be beneficial if the Redevelopment Agency acquired the property and sold it to the developer. The applicant could then revise the site plan to provide access from the project to Clarke Street and provide additional parking. However, the Commission did not want to see the applicant put at an economic disadvantage. The City Attorney's Office has reviewed the issue of including the property at 1170 Clarke Street into this project (memo attached). The City does not have the legal authority to require that the owner of that property participate in the developer's application. The Redevelopment Agency could acquire the parcel and transfer the ownership to the developer if the Agency finds it serves the public interests of eliminating blight in the project area. However, the owner must first be given the opportunity to propose a different use. The Agency can then select the superior plan. The property could also be acquired by the City for open space purposes. To support the action for condemnation, the City would need to show an important public purpose being served by the acquisition. If acquired for open space purposes, the City could not later change the use and convey the property to a private developer. Currently the Redevelopment Agency does not have the funds to purchase this property. ENVIRONMENTAL REVIEW A Negative Declaration has been prepared and is attached for the City Council's consideration. CONCLUSION After discussion of the project, including questions of staff, the Commission recommended approval with the added condition that the parcel on Clarke Street be acquired with assistance from the Redevelopment Agency and that any modifications to the site plan, architecture, landscaping and related improvements be brought back to the Planning Commission for review and approval. Any modifications to the site plan should provide for the storefronts to face the surrounding streets to encourage pedestrian access. The Planning Commission recommends that the City Council take the following action: