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HomeMy WebLinkAbout4.06 Zone Ord Shared Pk Off-St PkngG~~~ OF DU~~~2 /// ~ 1`~~~~~ STAFFREPORT CITY CLERK ``c~ ~ ~ ~ DUBLIN CITY COUNCIL File # ~ Q _~. ~LIFpR~ ~~~~ ~~ DATE: August 17, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJEC : Zoning Ordinance Amendments (Legislative) - Amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to Shared Parking including a modification to Chapter 8.76 (Off-Street Parking and Loading Regulations) PLPA- 2010-00015 Report prepared by Marnie R. Waff/e, Senior Planner ~ EXECUTIVE SUMMARY: ~~`~ The City Council will hold a second reading of City-initiated amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to Shared Parking. The proposed amendments would allow for Shared Parking to be reviewed and approved by the Community Development Director through the Minor Use Permit process. FINANCIAL IMPACT: No financial impact. RECOMMENDATION: Staff recommends that the City Council: 1) Waive the reading and adopt an Ordinance amending Zoning Ordinance Chapter 8.76 (Off-Street Parking and Loading Regulations) as it relates to shared parking. ~ S bmitted by: Community Development Director Review y: Assistant City Manager Page 1 of 2 ITEM NO. ~". ~p IlFileserver11p1anIPA#120101PLPA-2010-00015 ZOA Shared ParkrnglCC 08.17.IOICCSR 08.1710.doc DESCRIPTION: As part of the 2009/2010 Goals and Objectives, the City Council established goals to review parking standards and examine the City's Zoning Ordinance requirements to streamline entitlements for businesses seeking to locate in the City of Dublin. On April 20, 2010, Staff presented an informational report to the City Council on shared parking. The City Council directed Staff to prepare Zoning Ordinance Amendments that would allow shared parking to be reviewed through the Minor Use Permit process. Amendments are proposed to Chapter 8.76 (Off-Street Parking and Loading Regulations) as it relates to shared parking to modify the permitting process from a Conditional Use Permit approved by the Zoning Administrator to a Minor Use Permit approved by the Community Development Director. At the July 20, 2010 City Council meeting, Staff presented the proposed Zoning Ordinance Amendments for shared parking to the City Council (Attachment 1). After deliberating, the City Council waived the reading and introduced an Ordinance approving Zoning Ordinance Amendments to 8.76 (Off-Street Parking and Loading Regulations) as it relates to shared parking. The City Council is currently requested to waive the second reading and adopt the Ordinance (Attachment 2). ATTACHMENTS: 1) July 20, 2010 City Council Staff Report (without attachments). 2) Ordinance amending Zoning Ordinance Chapter 8.76 (Off-Street Parking and Loading Regulations) as it relates to shared parking. Page 2 of 2 /~ i~ b G~~ O DU8~2 19, ~ -~~ ,82 `~~~~~~ STAFFREPORT CITY CLERK c~~,~~s DUBLIN CITY COUNCIL File #^~]~OD-~2~ DATE: July 20, 2010 ~ TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJEC . UBLIC HEARING: Zoning Ordinance Amendments (Legislative) - Amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to Shared Parking including a modification to Chapter 8.76 (Off-Street Parking and Loading Regulations) PLPA-2010-00015 Report prepared by Marnie R. Waffle, Senior Planner EXECUTIVE SUMMARY: As part of the 2009/2010 Goals and Objectives, the City Council established goals to review parking standards and examine the City's Zoning Ordinance requirements to streamline entitlements for businesses seeking to locate in the City of Dublin. As part of this effort, the City Council has adopted Zoning Ordinance amendments related to Indoor Recreational Facilities, Large Family Day Care Homes, Eating and Drinking Establishments, and Outdoor Seating. Currently proposed is an amendment to Chapter 8.76 (Off-Street Parking and Loading Regulations) as it relates to shared parking. Shared parking occurs when finro or more uses are located on the same site and share a parking lot. FINANCIAL IMPACT: No financial impact. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Waive the reading and introduce an Ordinance amending Zoning Ordinance Chapter 8.76 (Off- Street Parking and Loading Regulations) as it relates to shared parking. ubmitted by: Community Development Director Revi ed y: Assistan City anager Page 1 of 6 G:\PA#~2010\PLPA-2010-00015 ZOA Shared Parking\CC 07.20.10\CCSR 07.20.10.doc ITEM NO. • Z... U,~ ~_3;_~~' ATTACHMENT 1 ~ ~~ ~b DESCRIPTION: As part of the 2009/2010 Goals and Objectives, the City Council established goals to review parking standards and examine the City's Zoning Ordinance requirements to streamline entitlements for businesses seeking to locate in the City of Dublin. On April 20, 2010, Staff presented an informational report to the Cit~r Council on shared parking. The City Council directed Staff to prepare Zoning Ordinance Amendments that would allow shared parking to be reviewed through the Minor Use Permit process. Amendments are proposed to Chapter 8.76 (Off-Street Parking and Loading Regulations) as it relates to shared parking to modify the permitting process from a Conditional Use Permit approved by the Zoning Administrator to a Minor Use Permit approved by the Community Development Director. ANALYSIS: Chapter 8.76 (Off-Street Parking and Loading Regulations) of the Dublin Zoning Ordinance contains parking requirements for all Use Types. When finro or more Use Types are located on the same site and share a parking lot, the amount of parking required is the sum of each Use Type. The Zoning Ordinance does not contain a shared parking standard. When the sum of each Use Type is more than the amount of parking provided on the site, adjustments or reductions may be granted. These adjustments include compact car substitution; motorcycle space substitution; off-site parking; parking exceptions (10% reduction); parking reductions for an individual use; parking reductions for shared parking; and parking variances. A brief discussion of each type of parking adjustment is included below. • Compact car substitution is allowed in parking lots with 20 or more parking spaces. It is commonly used in newer shopping center designs and has the potential to yield additional parking due to the reduced size requirements of a compact car parking stall. Up to 35% of the required parking spaces may be provided with compact stalls. • Motorcycle parking is allowed in parking lots with 40 or more parking spaces. In such cases, one regular parking space may be replaced with motorcycle parking for every 40 required spaces. • Off-Site Parking is allowed with the approval of a Conditional Use Permit by the Zoning Administrator when the required number of parking spaces cannot be provided on the same site as the approved use. This type of Conditional Use Permit is rarely requested. • Paricing exceptions may be granted by the Community Development Director for up to 10% of the required parking spaces due to unusual design situations. • A Parking Reduction for an Individual Use is allowed with the approval of a Conditional Use Permit by the Zoning Administrator when the Appiicant believes the number of parking spaces required for their use is not applicable because the use would function differently than the generic Use Type and associated parking standards contained in the Zoning Ordinance. This type of reduction is rarely req uested. Page 2 of 6 ~.~ ~~~ ~b A Parking Variance is allowed wit Administrator, Planning Commission from the required parking standards. parking exceptions have been found pa~lcing reductions. h the approval of a Variance by the Zoning or City Council for all other requests to deviate This option is rarely, if ever, used as the other to be adequate to accommodate requests for • A Parking Reduction for Shared Parking is also allowed with the approval of a Conditional Use Permit by the Zoning Administrator when two or more adjacent Use Types, by their nature and operating times, would not conflict with one another. Shared Parking reductions are the most common parking reductions requested and typically occur in commercial shopping centers or light industrial zoning districts. This report focuses on shared parking which occurs when two or more Use Types are located on the same site and share a parking lot. Shared Parkina Shared parking occurs any time finro or more Use Types are located on the same site and share a parking lot such as in a shopping center. As noted above, the Dublin Zoning Ordinance does not have a parking standard for shared parking and requires that the sum of all Use Types be provided. However, when the amount of parking provided in a parking lot is less than the required sum of all Use Types, a request for shared parking can be made. A shared parking request is subject to review and approval of a Conditional Use Permit by the Zoning Administrator if all of the following conditions are met: • The Conditional Use Permit findings can be made. • A sufficient number of spaces are provided to meet the greatest parking demands of the participating Use Types and to ensure that there will not be a parking deficiency. • Satisfactory evidence is provided that the Use Types, by their nature and operating times, will not conflict with each other. • Overflow parking will not adversely affect any adjacent use. • Additional documents, covenants, deed restrictions or other agreements as may be deemed necessary by the Zoning Administrator are executed to assure that the required parking spaces provided are maintained and that uses with similar hours and parking requirements as those uses sharing the pa~lcing facilities remain for the life of the documents, covenants, deed restrictions, or other agreements. Recent Zoning Ordinance amendments modified the approval process for shared parking requests associated with lndoor Recreational Facilities. Under the new process, the Community Development Director reviews shared parking through the Minor Use Permit process. Further discussion on the Minor Use Permit process is provided below. Page 3 of 6 ~ fa Conditional Use Permit As noted above, a shared parking request is currently subject to review and approval of a Conditional Use Permit by the Zoning Administrator. The following is a discussion of the current Conditional Use Permit process. In order to determine whether sufficient parking is provided to meet the greatest parking demands of all Use Types so that there will not be a parking deficiency, a parking study is conducted and a report prepared by a registered traffic engineer. The traffic engineer evaluates the nature and operating times of the Use Types affected to determine peak demand periods. Parking counts are conducted during peak demand periods to determine whether sufficient parking is available to meet the greatest parking demands of all Use Types and whether overflow parking would be an adverse impact. The data is presented in the traffic engineer's report. Following the completion of the parking study, a public hearing is held before the Zoning Administrator to determine whether to grant a Conditional Use Permit for shared parking. A Staff Report is prepared along with a Resolution recommending either approval or denial of the shared parking request. A public notice is published in the newspaper 10 days prior to the public hearing and mailed to all property owners and tenants within 300-feet of the project site. The cost to the Applicant for the City to process a Conditional Use Permit request for shared parking is a flat fee of $750. This flat fee amount covers approximately 6 hours of Staff time to process the Conditional Use Permit request. The cost associated with any additional Staff time is covered by the City. tn addition to the application fee, the cost associated with preparing a parking study is charged to the Applicant. The cost of a shared parking study varies depending on the scale of the project and the scope of work. Typical parking studies could range from $3,000 - $15,000. When a shared parking request is associated with a Use Type that is subject to approval of a Conditional Use Permit, the shared parking request is processed concurrently with the land use application that is subject to a Conditional Use Permit. However, not all shared parking requests are associated with conditionally permitted uses. In such cases, while the Use Type is permitted by-right, a Conditional Use Permit would be required for the shared parking request. Minor Use Permit Recent amendments to the Zoning Ordinance modified the review and approval process for shared parking requests when associated with an Indoor Recreational Facility. The following is a discussion of the current Minor Use Permit process. Shared parking requests are commonly associated with Indoor Recreational Facilities. Recent amendments to the Zoning Ordinance established a Staff level approval for shared parking requests associated with such facilities. These amendments replaced the Conditional Use Permit process for shared parking with the Minor Use Permit process. A Minor Use Permit for shared parking for an Indoor Recreational Facility is reviewed by Staff for compliance with the Chapter 8.76 (Off-Street Parking and Loading Regulations). A parking analysis is prepared to evaluate parkin~ demand, the operational characteristics of affected Use Types, and overflow parking. A public notice is mailed out to afl properties within 300-feet of the Page4of6 ~ ~~ [ 0 project 10 days prior to a decision being made by the Community Development Director. The Community Development Director's decision is appealable to the Planning Commission. While the Minor Use Permit process for shared parking does not eliminate the need for a parking analysis or reduce the cost to the Applicant to perform such an analysis, the new process has resulted in faster processing times for Applicants and reduced Staff time in reviewing and approving requests for shared parking because such requests do not require preparation of a staff report and Resolution and there is no public hearing. Shared parking is also commonly requested for uses within shopping centers, office complexes or industrial areas when the sum total of the parking required exceeds what is available on-site. Uses which require higher parking ratios such as Commercial Schools and churches tend to be the most common applicants for shared parking reductions. Proposed Amendments The amendments proposed to Chapter 8.76 (Off-Street Parking and Loading Regulations) are limited to section 8.76.050.F, Parking Reductions for Shared Parking (Attachment 1). The proposed amendments would allow for all shared parking requests to be reviewed and approved through the Minor Use Permit process using the same process approved for shared parking related to Indoor Recreational Facilities. This process is a staff level approval and may be referred to the Planning Commission for review at the discretion of the Community Development Director. Planning Commission Meeting At the June 15, 2010 Planning Commission meeting, the Planning Commission held a public hearing on the proposed Zoning Ordinance amendments. The Planning Commission deliberated (see Attachment 2) and adopted a Resolution recommending City Council approval of the proposed amendments (see Attachment 3). CONCLUSION: ~ As part of the 2009/2010 Goals and Objectives, the City Council established goals to review parking standards and examine the City's Zoning Ordinance requirements to streamline entitlements for businesses seeking to locate in the City of Dublin. Currently proposed are amendments to Chapter 8.76 (Off-Street Parking and Loading Regulations) as it relates to shared parking. Recent amendments to the Zoning Ordinance allow shared parking to be reviewed and approved by the Community Development Director through the Minor Use Permit process when shared parking is associated with an Indoor Recreational Facility. The Minor Use Permit process has resulted in faster processing times for the Applicant by replacing the public hearing process with a staff level approval process. The proposed amendments to Chapter 8.76 (Off-Street Parking and Loading Regulations) would allow for all shared parking requests to be processed as a Minor Use Permit subject to approval by the Community Development Director. Page 5 of 6 ~ ~~ ~ NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice was published in the Valley Times and posted at several locations throughout the City. A Public Notice of this hearing was also mailed to those requesting such notice ten (10) days before the Public Hearing and the Staff Report and attachments were made available for public review prior to the Public Hearing in accordance with Govemment Code Sections 65090 and 65091. ENVIRONMENTAL REVIEW: The project has been found to be exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3) because the proposed Zoning Ordinance Amendments do not have the potential for causing a significant effect on the environment. ATTACHMENTS: 1) Ordinance amending Zoning Ordinance Chap#er 8.76 (Off-Street Parking and Loading Regulations) as it relates to shared parking. 2) Planning Commission Meeting Minutes, June 15, 2010. 3) Planning Commission Resolution recommending City Council adoption of Zoning Ordinance Amendments to Chapter 8.76 (Off-Street Parking and Loading Regulations) as it relates to shared parking. Page 6 of 6 ~~~~ ~~ ~ ORDINANCE NO. XX -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING ZONING ORDINANCE CHAPTER 8.76 (OFF STREET PARKING AND LOADING REGULATIONS) AS IT RELATES TO SHARED PARKING PLPA 2010-00015 WHEREAS, as part of the 2009/2010 Goals and Objectives, the City Council established goals to review parking standards and examine the City's Zoning Ordinance requirements to streamline entitlements for businesses seeking to locate in the City of Dublin; and WHEREAS, as part of this effort, the City Council has adopted Zoning Ordinance amendments related to Indoor Recreational Facilities, Large Family Day Care Homes, Eating and Drinking Establishments, and Outdoor Seating; and WHEREAS, Staff has identified proposed amendments to the Dublin Zoning Ordinance to modify the permit requirements for Parking Reductions for Shared Parking in order to streamline the application process for these types of requests. The amendment includes a modification to Chapter 8.76 (Off Street Parking and Loading Regulations); and WHEREAS, the text amendments are shown in Section 2 of this Ordinance; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on the Zoning Ordinance Amendment on June 15, 2010 and adopted Resolution 10-30 recommending that the City Council approve amendments to Title 8(Zoning Ordinance) of the Municipal Code; and WHEREAS, a properly noticed public hearing was held by the City Council on July 20, 2010; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Zoning Ordinance Amendment; and WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council finds that the Zoning Ordinance Amendment is consistent with the Dublin General Plan; and WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: ATTACHMENT 2 ~~ ~Q 6 Section 1: Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this Ordinance to be exempt from CEQA per CEQA Guidelines Section 15061(b)(3). The Section 15061(b)(3) exemption is based on the general rule that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of this Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the construction of any building or structure, but rather sets forth the regulations that shall be followed if and when a parking reduction for shared parking is requested. This Ordinance of itself has no potential for resulting in significant physical change in the environment, directly or ultimately. Section 2: Subsection F of section 8.76.050 of Title 8 of the Dublin Municipal Code is amended to read as fo~lows, with deletions shown in ~fr~,~o+"r^„^h and additions shown as underlined. Section 8.76.050 F. Parking Reductions for Shared Parking. When shared off-street parking is proposed between two or more adjacent use types, the ~r,,;ng ~~m~^~ •~~~~- Communitv Development Director may grant a reduction in off-street parking requirements (from the sum of the parking required by each use type) in compliance with Chapter 8.a-99102, Ger~d+t+eRa~ Minor Use Permit. Reductions for shared parking may be granted if the Communitv Development Director finds each of the following standards are met~ a-~epe~ r~~r~ ~ircmor~4 ~ ic. mef• .~..i ce~~~...~~• v~v-rrrc~ The Ge~iefla~ Minor Use Permit findings can be made. 2. A sufficient number of spaces are provided to meet the greatest parking demands of the participating use types and to ensure that there will not be a parking deficiency. 3. Satisfactory evidence is provided that the use types, by their natures and operating times, will not conflict with each other. 4. Overflow parking will not adversely affect any adjacent use 5. Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the ~^~^^ ~~m;^;~+~~~~- Community Development Director are executed to assure that the required parking spaces provided are maintained and that uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the documents, covenants, deed restrictions, or other agreements. ~ ~ , ~ ~ . Page 2 of 4 ~ s (c~ ~ _---- ------.._..., _.~ ..~~ w~ .. ,~ , ~~ . , ~ . , , , , -~,- - . ~ , , -- __ ...__, ..... ~.......,..,,.y Section 3: Severability. In the event any section or portion of this Ordinance shall be determined invatid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Section 4: Savings Clause. All code provisions, ordinances, and parts of ordinances in conflict with the provisions of this chapter are repealed. The provisions of this chapter, insofar as they are substantially the same as existing code provisions relating to the same subject matter shall be construed as restatements and continuations thereof and not as new enactments. With respect, however, to viofations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this ordinance, under any chapter, ordinance, or part of an ordinance shalf be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal. Section 5: This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of California. Page 3 of 4 ~~~~ ~~ ~ PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this 17th day of August 2010, by the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor IlFileserverllplanlPA#120101PLPA-2010-00015 ZOA Shared ParkinglCC 08.17.101CC ORD 08.17.10.doc Page 4 of 4