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HomeMy WebLinkAbout8.1 PA-09-006 Public Hearing-Ulferts CenterAGENDA STATEMENT PLANNING COMMISSION MEETING DATE: October 13, 2009 SUBJECT: PUBLIC HEARING: PA 09-006 Ulferts Center: To approve a Minor Amendment to the Planned Development Zoning District (PA 98-047) to expand the list of conditionally permitted uses, to allow a conditionally permitted use to operate, and to permit off-site parking. Report Prepared by Martha Aja, Environmental Specialist ATTACHMENTS: 1) 2) 3) RECOMMENDATION: 1) 2) 3) 4) 5) 6) PROJECT DESCRIPTION: I Resolution approving a Conditional Use Permit for a Minor Amendment to the Planned Development Zoning District (PA 98- 047) to expand the list of conditional uses to include a banquet facility. Resolution approving a Conditional Use Permit to operate a banquet facility at 4288 Dublin Boulevard, Suite 218 in the Ulferts Center and allow the use of off-site parking. Off-Site Parking Agreement between Ulferts Center and Koll Corporate Center. Receive Staff presentation; Open the public hearing; Take testimony from the Applicant and the public; Close the public hearing and deliberate; Adopt Resolution approving a Conditional Use Permit for a Minor Amendment to the Planned Development Zoning District (PA 98- 047) to expand the list of conditional uses to include a banquet facility; and Adopt Resolution approving a Conditional Use Permit to operate a banquet facility at 4288 Dublin Boulevard, Suite 218 in the Ulferts Center and to allow the use of off-site parking. Location The Ulferts Center is located at the southeast corner of Dublin Boulevard and John Monego Court. The center is L-shaped and is approximately 4.2 net acres. The Ulferts Center is a multi-tenant commercial center comprised of two 2-story buildings that are connected on the second floor at the central escalator. Existing uses within the 50,530 square foot center include service, retail and eating establishments. COPIES TO: Applicant Property Owners File ITEM NO. • 1 Page 1 of 6 G: TA412009TA 09-006 Ulferts Signature Roon?lPlanning CommissionlPCSRCUPIO.l3.09.doc 1 18 ? Background The Ulferts Center is part of a 35-acre Master Plan development known as the Kohl Dublin Corporate Center. On November 10, 1998 the Planning Commission recommended that the City Council approve a Planned Development (PD) Rezone/Development Plan (PA 98-047) for the Koll Dublin Corporate Center (Resolution 98-49). The Planning Commission also approved a Tentative Parcel Map and Site Development Review for the Koll Dublin Corporate Center (Resolution 98-51). On December 15, 1998, the City Council adopted the Planned Development Zoning District and Development Plan (PA 98-047) for the Koll Dublin Corporate Center (Ordinance 22-98). The PD Zoning includes a list of permitted and conditionally permitted uses. On August 24, 2004, the Planning Commission subsequently approved a Conditional Use Permit and Site Development Review for the Ulferts Center (Resolution 04-55). The Conditional Use Permit amended the PD to allow outdoor seating, expanded the permitted retail commercial uses for the Ulferts Center and permitted a 10% parking reduction. The Site Development Review, among other things, approved the site design, architecture, on-site circulation, parking and landscaping for the 50,530 square foot Ulferts Center. The City of Dublin received a complaint regarding the operation of a banquet facility at the Ulferts Center called The Signature Room in December 2008. Following the complaint being received, the City's Code Enforcement Officer set up a meeting with the owner of the Ulferts Center. The owner of the Ulferts Center was advised that the banquet facility required a Conditional Use Permit and additional parking to support the use. The Signature Room has been operating since December 2008. The City has not received any additional complaints. Current Request The Applicant currently requests approval of a Conditional Use Permit (CUP) for a Minor Amendment to the Planned Development Zoning District (PA 98-047) to expand the list of conditional uses to include a banquet facility; a CUP to conditionally permit a banquet facility, known as the Signature Room, to operate at the Ulferts Center; and to approve 30 off-site parking spaces located at the adjacent Koll Corporate Center to be used to support the parking requirement for the banquet facility. ANALYSIS: Planned Development Zoning Minor Amendment The existing PD Zoning of the Ulferts Center currently allows a variety of retail services that are compatible with the nearby commercial and residential areas. The Applicant proposes a minor amendment to the PD Zoning (PA 98-047) to add a banquet facility to the list of Conditional Uses. Staff has analyzed the Applicant's request to expand the list of conditional uses to include a banquet facility and has determined that the use is appropriate for the shopping center because the use is consistent with the existing commercial uses and will enhance the center by providing additional services. The requirement to obtain a Conditional Use Permit allows the City to place conditions of approval on the project to ensure that the operation is compatible with the surrounding uses. The amended Development Plan is included as Exhibit A to Attachment 1. Please refer to page 3 of Exhibit A to Attachment 1 for the proposed amendment. Conditional Use Permit to Operate a Banquet Facility The Applicant proposes to operate a 3,162 s.f. banquet facility known as The Signature Room. As previously discussed, Staff is recommending that a banquet facility be added to list of Conditional Uses in the PD Zoning. The Conditional Use Permit process allows the City to place conditions of approval on the project to ensure that the operation of the proposed use is compatible with the surrounding uses. The proposed project has been reviewed for issues related to operating characteristics and parking. Conditions of approval have been proposed where appropriate to ensure compatibility with the surrounding uses. 2 of 6 Operating Characteristics: The Ulferts Signature Room is open to the public to rent for corporate conferences, private meetings, birthday parties, wedding or anniversary banquets, and religious gatherings. Customers have the option to use the built in facilities at the Signature Room, which include a plasma television, speaker phone and surround sound systems, projector screens, and computer network. The Signature Room does not have a kitchen facility. The restaurants at the Ulferts Center are available to cater the events or individuals can bring their own food to the premises. Since the Signature Room does not provide food preparation services, all personnel on site are temporarily provided by the renting party or caterer and are not employed by the Signature Room. The Signature Room's proposed hours of operation are between 9:00 a.m. to 12:00 a.m. (midnight). The actual hours of operation will vary depending on the type of rental. It is estimated that the average usage will be 3 days a week, 4 - 8 hours per day. The Signature Room will close at 12:00 a.m.; which is consistent with the existing tenants in the center. Conditional Use Permit Required Findings: To approve a Conditional Use Permit, the following findings must be made: the proposed use is compatible with other land uses, transportation and service facilities in the vicinity; will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare; will not be injurious to property or improvements in the neighborhood; will have adequate provisions for public access, water, sanitation, and public utilities and services to ensure that it would not be detrimental to the public health, safety and welfare; and the site is physically suitable for the type, density and intensity of the use and related structures being proposed. Staff believes that the project is consistent with these findings as discussed in the Staff Report and the draft findings as presented in the attached Resolution (Attachment 1 & 2). Conditional Use Permit for Off-Site Parking The City of Dublin Zoning Ordinance contains off-street parking requirements by use type (Chapter 8.76.080). The Zoning Ordinance does not include a parking requirement for a banquet facility; therefore, the parking requirement is determined by the Conditional Use Permit. The City's Traffic Engineer has determined that the operating characteristics and parking requirements for the proposed banquet facility are consistent with those of an eating and drinking establishment. While the space may be used for meeting space, the Applicant has indicated that banquets may also occur. The Signature Room operates similar to the restaurants in the rest of the Ulferts Center and food service may be catered to the Signature Room by the restaurants in the Ulferts Center as well as outside catering companies. Pursuant to the Dublin Zoning Ordinance (Section 8.76.080 D) an eating/drinking establishment is required to provide one parking spaces for every 100 square feet of space. The Signature Room is 3,162 square feet. Therefore, a total of 32 parking spaces are required for the Signature Room (see Table 1 below). The table below illustrates the required number of parking spaces for the Ulferts Center based on the mix of existing and proposed tenants. A 10% administrative parking exception to the on-site parking standard was previously granted for the Ulferts Center by the Planning Commission on August 24, 2004. This decision was supported by a parking study prepared by TJKM which discussed parking peak hour demand for the proposed uses in the Ulferts Center in relation to the surrounding uses. 3 of 6 Table 1: Total Number of Parking Spaces Required for the Ulferts Center Tenant Type Total Square Footage Parkin Ratio Parkin Requirement Restaurant 25,426 sq. ft. 1/100 254 spaces Retail/Service 23,830 sq. ft. 1/300 79 spaces Proposed Banquet Facility 3,162 sq. ft 1/100 32 spaces Total: 52,418 sq. ft. -- 365 spaces 10% Exception -- -- -37 spaces Required w/ Exception -- -- 328 spaces As shown in Table 1 above, a total of 328 parking spaces would be required for the Ulferts Center. There are 305 on-site spaces, resulting in a shortage of 23 parking spaces. The Applicant has obtained an Off-Site Parking Agreement that grants the use of 30 parking spaces on the parcel immediately to the south of the project site at the Koll Corporate Center located at 4160 Dublin Boulevard (see map to the left). The Zoning Ordinance (Chapter 8.76.050.C) allows the required parking spaces to be located on an adjacent parcel pursuant to a Conditional Use Permit. Off-site parking may be granted if: 1. The Conditional Use Permit findings can be made; 2. The most distant parking space from a non-residential use type is not more than 400 feet; 3. Additional documents or agreements as may be deemed necessary by the Director of Community Development are executed to assure that the required parking spaces are provided; 4. The parking lot site is not located in a residential zone; and 5. The parking lot site is not within a road easement or private street. There are three buildings on the Koll Center which total 315,657 square feet. Pursuant to the Dublin Zoning Ordinance (Section 8.76.080), the Koll Center is required to provide 1 parking space for every 350 square feet resulting in a requirement to provide 902 parking spaces. There are 1,521 parking spaces at the Koll Center (approximately 1 parking space for every 200 square feet) and 902 parking spaces are required resulting in a surplus of 619 parking spaces (see Table 2 below). Table 2: Parkin Spaces Provided b Koll Cor orate Center Total Number of Stalls Required * Stalls Provided On-site Surplus 902 1,521 619 *There are an additional 191 parking spaces at the Koll Center for the City's Park & Ride Lot. The provision of on and off-site parking spaces will provide a total of 335 parking spaces for use by the Ulferts Center. The available parking exceeds the anticipated parking demand by 7 parking spaces (335 - 328 = 7 spaces, see Table 3 below). The most distant parking spaces on the adjacent parcel are less than 400 feet from the project site. A condition has been included which requires the Applicant to have an off- site parking agreement with the current property owner at 4160 Dublin Boulevard prior to issuance of any 4 of 6 permits for the banquet facility and to maintain such an agreement for the duration of this Conditional Use Permit (Attachment 2, Condition No. 19). This condition further requires the Ulferts Center to replace any off-site parking spaces should the property at 4160 Dublin Boulevard (the Dublin Corporate Center) be sold, agreement terminated or the use intensifies (Attachment 2, Condition No. 19). Additionally, a condition has been included which requires the Applicant to post signs in the parking lot at the project site directing overflow parking to the appropriate spaces at 4160 Dublin Boulevard (Attachment 2, Condition No. 20). Tahlo 2• ParUna Cnarec Prnvided by the 111ferts Center Total Number of Stalls Required Stalls Provided On-site Stalls Provided Off-site Koll Center Surplus 328 305 30 7 Review by City Departments: This project was reviewed by the City Departments and interested agencies. Any special requirements have been incorporated as conditions of approval in the attached Resolution (Attachment 2). The Applicant has reviewed the draft Conditions of Approval and agreed to comply with the City's requirements. ENVIRONMENTAL REVIEW: The project has been reviewed under the California Environmental Quality Act (CEQA), State CEQA Guidelines and the Dublin Environmental Guidelines. Staff recommends that the project be found Categorically Exempt from CEQA, in accordance with CEQA Guidelines Section 15301 (Existing Facilities). PUBLIC NOTICING: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project. A public notice was also published in the Valley Times and posted at several locations throughout the City. To date, the City has not received any comments or objections from surrounding property owners or tenants regarding the current proposal. CONCLUSION: The proposed amendment is consistent with the Planned Development zoning standards previously adopted. The proposed banquet facility is suitable and appropriate for the project site and will not adversely impact adjacent and surrounding properties with the proposed off-site parking agreement. The proposed off-site parking is located immediately adjacent to the Ulferts Center and signs will be provided. to direct people to this parking. The proposed amendment conforms to the goals, policies, and objectives established in the City's General Plan and the Eastern Dublin Specific Plan. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; 5) Adopt Resolution approving a Conditional Use Permit for a Minor Amendment to the Planned Development Zoning District (PA 98-047) to expand the list of conditional uses to include a banquet facility; and 6) Adopt Resolution approving a Conditional Use Permit to operate a banquet facility at 4288 Dublin Boulevard, Suite 218 in the Ulferts Center and to allow the use of off-site parking. 5 of 6 GENERAL INFORMATION: APPLICANT/PROPERTY OWNER LOCATION: ASSESSORS PARCEL NUMBER: GENERAL PLAN DESIGNATION: SPECIFIC PLAN DESIGNATION: ZONING: SURROUNDING USES: Karen Kam Ulferts Center Dublin Inc. 4288 Dublin Blvd. Ste. 218 Dublin, CA 94568 4288 Dublin Boulevard 986-0016-009 & 986-0016-011 Campus Office Campus Office Planned Development (PA 03-064) LOCATION ZONING GENERAL PLAN CURRENT USE OF LAND USE PROPERTY Project Site Planned Development Campus Office Commercial (PD) PD Medium Density Residential North Residential South PD Campus Office Office West PD General Car Dealership Commercial East PD Campus Office Bank 6of6