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HomeMy WebLinkAbout6.3 Village Pkwy Pilot Parking Program OF 0� ,- &2 STAFF REPORT CITY CLERK CITY COUNCIL File #450-20 DATE: November 18, 2014 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager J SUBJECT: Zoning Ordinance Amendment to Chapter 8.76 (Off-Stree Parking and Loading) related to the Village Parkway Pilot Parking Program (PLPA-2014-00051) Prepared by Kristi Bascom, Principal Planner EXECUTIVE SUMMARY: The City Council will review City-initiated amendments to Chapter 8.76 (Off-Street Parking and Loading) of the Dublin Zoning Ordinance to extend the program to temporarily eliminate the parking standards in the Downtown Dublin Specific Plan Village Parkway District for an additional five (5) years. The existing program has been in effect since January 2013 and will expire in January 2015 unless renewed. The proposed amendments will also establish a parking standard for new commercial construction. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council conduct the public hearing, deliberate, waive the first reading and INTRODUCE an Ordinance Approving a Zoning Ordinance Amendment to Chapter 8.76 (Off-Street Parking and Loading) related to the Village Parkway Pilot Parking Program. Submitted By Reviewed By Community Development Director Assistant City Manager DESCRIPTION: The overarching goal of the Downtown Dublin Specific Plan (DDSP) is "to create a vibrant, dynamic commercial and mixed-use center that provides a wide array of opportunities for shopping, services, dining, working, living, and entertainment in a pedestrian-friendly and aesthetically pleasing setting that attracts both local and regional residents." Page 1 of 5 ITEM NO. 6.3 The DDSP established three distinct districts, each including its own set of design standards tailored to the envisioned uses. The Transit-Oriented District embraces the West Dublin BART station and is the district where a vast majority of the new residential development in Downtown Dublin is e nvisioned to take place. The Retail District includes much of the existing retail core and aims to stimulate infill development and redevelopment of aging buildings and large parking areas. The Village Parkway District embraces the existing successful service and retail uses along a "Main Street" corridor, and this district has the most potential to reutilize and re-tenant existing buildings with more intense uses such as restaurants, service retail, and other local-serving businesses. The Village Parkway District is the subject of the Pilot Parking Program, and a map of the District is provided below: Figure 1: Village Parkway District Since the adoption of the Downtown Dublin Specific Plan in February 2011 , City Staff have been working to implement the goals and policies of both the Specific Plan and the subsequent recommendations of the Urban Land Institute (ULI) Technical Assistance Panel report. One of the recommendations from the ULI report was to incentivize more commercial businesses in the downtown by having greater flexibility in regulatory standards such as the City's parking requirements. In 2012, Staff brought a recommendation to the City Council to test a Pilot Parking Program in the Village Parkway District for a period of two years. An ordinance implementing the pilot program was approved by the City Council and became effective on January 4, 2013 (Ordinance 19-12). The Pilot Parking Program allows parking supply and demand to be Page 2 of 5 managed by the property owners and tenants, and not regulated by the City. It has become the responsibility of the property owners, property managers, and businesses to lease tenant spaces to the right combination of users to ensure that there is sufficient parking to serve the businesses and their customers. With this Ordinance in effect, the requirement that new or expanding businesses in the Village Parkway District need to provide a certain amount of on- site parking was waived. The goal of the pilot program was to enable a wider variety of businesses to be established in the Village Parkway District without the encumbrance of parking requirements. During the time that this pilot program has been in effect, a brewpub has signed a lease to open on Village Parkway and several other fitness/personal service uses have been established. The allowed uses in the Village Parkway District have continued to be regulated by the Downtown Dublin Specific Plan, but the typical parking requirements have not applied. The term of this pilot program was two years, and the program will expire in January 2015 unless extended by the City Council. Staff's recommendation is to extend the program an additional five years to allow more time to test this market-based approach to parking. ANALYSIS: Zoning Ordinance Amendment Ordinance 19-12 (Attachment 1), approved in 2012, modified Section 8.76.080.D (Parking Requirements by Use Type — Commercial) to add the following language (the modified text is underlined): Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as noted in the table below, with the exception of uses located on properties in the Village Parkway District of the Downtown Dublin Specific Plan. Uses in the Village Parkway District are not required to provide a prescribed number of parking spaces for any use that is permitted or conditionally permitted in the Downtown Dublin Zoning District. This modification is effective through January 4, 2015, after which it will revert back to the previous language, which requires all commercial uses in all areas to meet the parking required by their use. The proposed amendment is to extend the effective date of the modified language shown above for an additional five years, which will result in an expiration date of January 4, 2020. In addition to making the above language effective for five additional years, clarifying language will be added to provide a parking standard for new commercial construction in the Village Parkway District. The resulting language for Section 8.76.080.D will be as follows: Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as noted in the table below, with the exception of uses proposing to occupy existing buildings in the Village Parkway District of the Downtown Dublin Specific Plan. Uses occupying existing buildings in the Village Parkway District are not required to provide a prescribed number of parking spaces for any commercial use that is permitted or conditionally permitted in the Downtown Dublin Zoning District. New buildings that are proposed to be constructed in the Village Parkway District are required to provide parking spaces at the rate of 1 space per 300 square feet of gross building area, regardless of the Page 3 of 5 future commercial use of the building. All on-site parking spaces within the Village Parkway District shall be considered "required parking" for the purposes of administering Chapter 8.76 unless otherwise determined by the Community Development Director. Other Downtown Parking Considerations The City Council held a Study Session on the Downtown Dublin Specific Plan on July 29, 2014. One of the topics covered during the course of the meeting was the Village Parkway Pilot Parking Program, and the discussion covered the potential to extend the timeframe of the pilot program and possibly expand its reach to other districts in Downtown Dublin. Staff analyzed the need to adjust the commercial parking requirements in the Retail and Transit-Oriented Districts of the DDSP, and Staff's recommendation at this time is to extend the program in the Village Parkway District only. The Village Parkway District is unique in that due to the size and configuration of the parcels and the layout of the buildings, the area is unlikely to see a large amount of new development. In this District, the focus is primarily on reutilizing existing buildings for new and different uses. Easing the parking requirements is intended to help facilitate this transition. In contrast, development in the Transit-Oriented District will primarily be residential and mixed- use projects that will involve a wholesale reutilization of any site to a more intense use. Commercial parking requirements have, so far, not appeared to be a hindrance for development to occur. In the Retail District, many sites have an excess of parking, although several sites have other constraints including restrictive CC&Rs and/or lease agreements. Although Staff is not proposing any commercial parking standard modifications at this time, over the coming year Staff will reach out to property owners in the Retail District to discuss what parking challenges may exist (including the need for additional on-street parking and the need to consider alternative residential parking standards in the Retail District) and identify potential solutions. The proposed Ordinance approving a Zoning Ordinance Amendment to Chapter 8.76 (Off- Street Parking and Loading) related to the Village Parkway Pilot Parking Program is included as Attachment 2 to this Staff Report. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The proposed amendments to Chapter 8.76 (Off-Street Parking and Loading Regulations) are consistent with the General Plan, Downtown Dublin Specific Plan, and the Zoning Ordinance in that the amendments are limited to relaxing the parking requirements for a temporary period of time for uses which are consistent with the General Plan, Downtown Dublin Specific Plan, and Zoning Ordinance. The proposed amendments do not change any land use designations or zoning designations. PLANNING COMMISSION ACTION: At a public hearing on October 28, 2014, the Planning Commission discussed this item. After receiving the Staff Report, questions, and deliberation, the Planning Commission unanimously adopted Resolution 14-52, recommending approval of the Zoning Ordinance Amendments to the City Council. The Resolution and Draft Planning Commission meeting minutes are attached to this Staff Report as Attachments 3 and 4, respectively. Page 4 of 5 NOTICING REQUIREMENTS/PUBLIC OUTREACH: City Staff held a Community Meeting on Friday, October 3, 2014 and invited all property owners and tenants in the Village Parkway District. Staff also solicited feedback on the Pilot Program via email. Three property owners provided feedback on the Pilot Program and all comments were in support of continuing the program for an additional period of time. In accordance with State law, a public notice of this hearing was published in the Valley Times and posted at several locations throughout the City. A notice of this hearing was mailed to those requesting such notice ten days before the hearing and the Staff Report and attachments were made available for public review prior to the public hearing in accordance with Government Code Sections 65090 and 65091 . A public notice was also sent to all tenants and property owners in the entire Village Parkway District and all tenants and property owners within 300 feet of the affected properties. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and when applicable, environmental documents prepared. For this project, Staff recommends that the project be found exempt from CEQA in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments to Chapter 8.76 of the Dublin Municipal Code (Off-Street Parking and Loading) will not have a significant effect on the environment. ATTACHMENTS: 1 . City Council Ordinance 19-12 2. Ordinance approving a Zoning Ordinance Amendment to Chapter 8.76 (Off-Street Parking and Loading) related to the Village Parkway Pilot Parking Program 3. Planning Commission Resolution 14-52 4. Draft Planning Commission Meeting Minutes dated October 28, 2014 Page 5 of 5 ORDINANCE NO. 19 — 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING CHAPTER 8.76 (OFF-STREET PARKING AND LOADING) RELATED TO THE VILLAGE PARKWAY MARKET-BASED PARKING PROGRAM PLPA-2012-00033 WHEREAS, City Staff have been working to implement the goals and policies of the nnwntnwn n,ffilin SnPrifir Plan anri tha ctihcPniiPnt rPrnmmrnrdatinnc of the Ilrhan I nnrd -- _.... -__.... -r--...- . ._.. ..._ ------ I--... --..- Institute (ULI) Technical Assistance Panel report, and WHEREAS, one of the ULI report recommendations relates to allowing greater intensity of uses in Downtown Dublin; however the Village Parkway District is limited to achieve greater vibrancy and intensity with the City's current parking standards combined with the existing building and development patterns in place; and WHEREAS, the proposed market-based parking program eliminating minimum parking standards would be implemented for a temporary period of two years and the parking supply and demand would be managed by the property owners and tenants, and not regulated by the City; and WHEREAS, Staff presented a report to the City Council on August 21, 2012 seeking their input on the market-based parking program concept and the City Council directed Staff to proceed with preparing an amendment to the Zoning Ordinance to temporarily suspend the parking standards in the Village Parkway District for a limited term of two years; and WHEREAS, a Community Meeting was held on September 21, 2012 soliciting feedback from property owners and businesses in the Village Parkway District; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on the Zoning Ordinance Amendments on October 9, 2012 and adopted Resolution 12-37 recommending that the City Council adopt an Ordinance approving a Zoning Ordinance Amendment to Chapter 8.76 (Off-Street Parking and Loading) related to the Village Parkway Parking Reduction Program; and WHEREAS, a properly noticed public hearing was held by the City Council on November 20, 2012; and WHEREAS, pursuant to section 8.1120.050.6 of the Dublin Municipal Code, the City Council finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan and the Downtown Dublin Specific Plan; and WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations and testimony hereinabove set forth. Page 1 of 3 NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: SECTION 1. Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this Ordinance is exempt from CEQA per CEQA Guidelines Section 15601(b)(3). Section 15601(b)(3) states 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 it sets forth the parking regulations that shall be followed if and when a building or structure is occupied by a user. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. SECTION 2. Thirty days following the adoption of this Ordinance, the first paragraph of Section 8.76.080.D (Parking Requirements by Use Type — Commercial) of the Dublin Municipal Code is hereby amended to read as follows: D. Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as noted in the table below, with the exception of uses located on properties in the Village Parkway District of the Downtown Dublin Specific Plan. Uses in the Village Parkway District are not required to provide a prescribed number of parking spaces for any use that is permitted or conditionally permitted in the Downtown Dublin Zoning District. All other text in Section 8.76.080.D, and all other text in the remainder of Chapter 8.76, remains unchanged. SECTION 3. Two years following the effective date of this Ordinance, the first paragraph of Section 8.76.080.D (Parking Requirements by Use Type — Commercial) of the Dublin Municipal Code is hereby amended to read as follows: D. Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as follows: All other text in Section 8.76.080.D, and all other text in the remainder of Chapter 8.76, remains unchanged. SECTION 4. Severabiiity. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Page 2of3 SECTION 5. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. SECTION 6. Posting. 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 36933 of the Government Code of the State of California. PASSED, APPROVED, AND ADOPTED 4"' day of December 2012, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None �J Azl Mayor ATTEST: City Clerk Ord 19-12,Adopted 12-4-12, Item 4.3 Page 3 of 3 ORDINANCE NO. XX— 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * AMENDING CHAPTER 8.76 (OFF-STREET PARKING AND LOADING) RELATED TO THE VILLAGE PARKWAY PILOT PARKING PROGRAM PLPA-2012-00033 WHEREAS, City Staff have been working to implement the goals and policies of the Downtown Dublin Specific Plan and the subsequent recommendations of the Urban Land Institute (ULI) Technical Assistance Panel report; and WHEREAS, one of the ULI report recommendations relates to allowing greater intensity of uses in Downtown Dublin; however the Village Parkway District is limited to achieve greater vibrancy and intensity with the City's current parking standards combined with the existing building and development patterns in place; and WHEREAS, in 2012, the City Council approved Ordinance 19-12, implementing a pilot parking program to eliminate the parking requirements in the Village Parkway District of the DDSP for a temporary period of two (2) years. The Ordinance expires on January 4, 2015 unless extended; and WHEREAS, after conducting outreach with the property owners and tenants in the Village Parkway District, Staff proposes to extend the pilot parking program for an additional five (5) years; and WHEREAS, Staff further proposes to establish a parking standard for new commercial development within the Village Parkway District and to clarify the administration of Chapter 8.76 of the Zoning Ordinance as it applies to this district; and WHEREAS, a Community Meeting was held on October 3, 2014 soliciting feedback from property owners and businesses in the Village Parkway District; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on the Zoning Ordinance Amendments on October 28, 2014 and adopted Resolution 14-52 recommending that the City Council adopt an Ordinance approving a Zoning Ordinance Amendment to Chapter 8.76 (Off-Street Parking and Loading) related to the Village Parkway Pilot Parking Program; and WHEREAS, a staff report dated November 18, 2014 was prepared to analyze the project for the City Council and a properly noticed public hearing was held by the City Council on November 18, 2014; and WHEREAS, pursuant to section 8.120.050.13 of the Dublin Municipal Code, the City Council finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan and the Downtown Dublin Specific 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 hereby ordain as follows- SECTION 1. Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this Ordinance is exempt from CEQA per CEQA Guidelines Section 15601(b)(3). Section 15601(b)(3) states 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 it sets forth the parking regulations that shall be followed if and when a building or structure is occupied by a user. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. SECTION 2. The first paragraph of Section 8.76.080.D (Parking Requirements by Use Type — Commercial) of the Dublin Municipal Code is hereby amended to read as follows: "D. Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as noted in the table below, with the exception of uses proposing to occupy existing buildings in the Village Parkway District of the Downtown Dublin Specific Plan. Uses occupying existing buildings in the Village Parkway District are not required to provide a prescribed number of parking spaces for any commercial use that is permitted or conditionally permitted in the Downtown Dublin Zoning District. New buildings that are proposed to be constructed in the Village Parkway District are required to provide parking spaces at the rate of 1 space per 300 square feet of gross building area, regardless of the future commercial use of the building. All on-site parking spaces within the Village Parkway District shall be considered "required parking" for the purposes of administering Chapter 8.76 unless otherwise determined by the Community Development Director." All other text in Section 8.76.080.D, and all other text in the remainder of Chapter 8.76, remains unchanged. SECTION 3. Five years following the effective date of this Ordinance, the first paragraph of Section 8.76.080.D (Parking Requirements by Use Type — Commercial) of the Dublin Municipal Code is hereby amended to read as follows: "D. Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as follows:" All other text in Section 8.76.080.D, and all other text in the remainder of Chapter 8.76, remains unchanged. Page 2 of 4 SECTION 4. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. SECTION 5. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. SECTION 6. Posting. 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 36933 of the Government Code of the State of California. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this day of 2014, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Page 3 of 4 G:\PA\2014\PLPA-2014-00051 Village Parkway Parking extension\PC 10.28.14Wtt 2-Exhibit A-CC Ord.doc Page 4 of 4 RESOLUTION NO. 14 — 52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A ZONING ORDINANCE AMENDMENT TO CHAPTER 8.76 (OFF-STREET PARKING AND LOADING) RELATED TO THE VILLAGE PARKWAY PILOT PARKING PROGRAM PLPA-2014-00051 WHEREAS, City Staff have been working to implement the goals and policies of the Downtown Dublin Specific Plan (DDSP) and the subsequent recommendations of the Urban Land Institute (ULI) Technical Assistance Panel report; and WHEREAS, one of the ULI report recommendations relates to allowing greater intensity of uses in Downtown Dublin; however, the Village Parkway District is limited to achieve greater vibrancy and intensity with the City's current parking standards combined with the existing building and development patterns in place; and WHEREAS, in 2012, the City Council approved Ordinance 19-12, implementing a Pilot Parking Program to eliminate the parking requirements in the Village Parkway District of the DDSP for a temporary period of two (2) years. The Ordinance expires on January 4, 2015 unless extended; and WHEREAS, after conducting outreach with the property owners and tenants in the Village Parkway District, Staff proposes to extend the Pilot Parking Program for an additional five (5) years; and WHEREAS, Staff further proposes to establish a parking standard for new commercial development within the Village Parkway District to clarify the administration of Chapter 8.76 of the Zoning Ordinance as it applies to this district; and WHEREAS, the proposed amendments to the Zoning Ordinance are set forth in the Ordinance that is attached as Exhibit A to this Resolution; and WHEREAS, the Planning Commission did hold a public hearing on the proposed modifications and considered a related staff report analyzing the proposal on October 28, 20147 for which proper notice was given in accordance with California State Law; and WHEREAS, the Planning Commission at its October 28, 2014, meeting did hear and use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; and WHEREAS, pursuant to Section 8.120.050.13 of the Dublin Municipal Code, the Planning Commission finds that the Zoning Ordinance Amendment is consistent with the Dublin General Plan and all applicable Specific Plans; and WHEREAS, the Planning Commission recommends that the project be found exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3) because the amendments to Title 8 (Zoning Ordinance) of the Dublin Municipal Code do not have the potential for causing a significant effect on the environment. NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 28th day of October 2014 by the following votes: AYES: Bhuthimethee, Do, O'Keefe, Goel NOES: ABSENT: Kohli ABSTAIN: Planning Commission Chairperson ATTEST: Assistant Community Development Director G:tPAt2014tPLPA-2014-00051 Village Parkway Parking extensiontPC 10.28.140 t xx-Reso.DOC 2 DRAFT DRAFT Planning Commission Minutes Tuesday, October 28, 2014 CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, October 28, 2014, in the City Council Chambers located at 100 Civic Plaza. Chair Bhuthimethee called the meeting to order at 7:00:05 PM Present: Chair Bhuthimethee; Vice Chair Goel; Commissioners Do and O'Keefe; Jeff Baker, Assistant Community Development Director; Kit Faubion, City Attorney; Kristi Bascom, Principal Planner; Marnie Delgado, Senior Planner; and Debra LeClair, Recording Secretary. Absent: Cm. Kohli ADDITIONS OR REVISIONS TO THE AGENDA— NONE MINUTES OF PREVIOUS MEETINGS — On a motion by Cm. Do and seconded by Cm. O'Keefe, on a vote of 4-0-1, with Cm. Kohli being absent, the Planning Commission approved the minutes of the August 26, 2014 meeting. ORAL COMMUNICATIONS — NONE CONSENT CALENDAR.— NONE WRITTEN COMMUNICATIONS — NONE PUBLIC HEARINGS — 8.1 PLPA-2014-00051 Zoning Ordinance Amendment to Chapter 8.76 (Off-Street Parking and Loading) related to the Village Parkway Pilot Parking Program. Kristi Bascom, Principal Planner, presented the project as outlined in the Staff Report. Chair Bhuthimethee asked if the parking standard for new construction is 1 space for every 300 sf and if that is part of the pilot program. Ms. Bascom answered yes. Chair Bhuthimethee asked if the 1 space per 300 sf standard is regardless of use type. Ms. Bascom answered yes. Cm. Do asked if Staff had received any negative comments regarding the pilot program. Ms. Bascom answered no; Staff received feedback from three property owners/managers but it was all positive. (kqj ka Aleelialif W as g e 11,1 DRAFT DRAFT Cm. O'Keefe asked if there had been any anecdotal feedback over the two year program that was negative. Ms. Bascom answered no. Cm. O'Keefe asked if there had been any interest in new restaurants in the area. Ms. Bascom answered that there are a few and asked Mr. Baker to respond. Jeff Baker, Assistant Community Development Director, answered that China Village closed and Rhama Market had purchased the building and will have a market/restaurant there. He stated that there is also a brewery opening that will benefit from this program. Cm. Goel asked Ms. Bascom to point out where the two businesses mentioned are located. Ms. Bascom pointed out their locations. Cm. Goel asked if the current business owners were concerned that there could be an increase in the parking usage with these two restaurants coming. Ms. Bascom stated that Staff conducted outreach asking for feedback from business/property owners and only received positive feedback. She added that all business/property owners were notified of the community meeting to discuss the program. Cm. Goel asked, if there was an issue with parking, would the business/property owners be able to revisit the program and change it. Ms. Bascom responded that the City Council could amend the Zoning Ordinance to rescind the program. She stated that the property owners and/or tenants could reach out to the City to let Staff know that there is an issue and then the City Council could decide to re-examine the zoning ordinance. Cm. Goel asked if she was indicating that the program can be re-evaluated if there was an issue. Ms. Bascom answered yes. Chair Bhuthimethee asked if there has been any apprehension from potential businesses that the parking program is temporary. Ms. Bascom answered no; however, the parking standards would be permanent for the business once they are established. Cm. Goel asked if the parking program is considered an entitlement to the business. Ms. Bascom answered that their use is considered an entitlement, once they have established the use at the location; the business can stay at that location. Cm. Goel asked, if there was an issue with parking, how that would be handled. (kqj ka Aleelialif W as g e I /,19 DRAFT DRAFT Ms. Bascom answered that the City Council could re-evaluate the program from that point forward, to amend the ordinance and close the program, but any use that was already established could continue to exist. Cm. Goel was concerned that the pilot program could create circumstances where a new business could impact an existing business and they are losing revenue, but there is no ability to mitigate the situation. Mr. Baker felt that the situation would be similar to the existing standards for a typical shopping center where a successful business moves in and the parking is not adequate but meets the standard for the entire shopping center. He stated that the City Council could amend the ordinance and rescind the program so that there would not be any additional impacts, but the existing businesses would be allowed to remain. Cm. Goel if the standard in other areas is 1 space per 300 sf or is that the lower standard. Ms. Bascom answered that 1 space per 300 sf is the retail parking standard, but restaurants have a higher parking standard. Cm. Goel asked what the standard is being reduced to. Ms. Bascom answered that the parking standard is being waived entirely in this area. She stated that, when a business owner is looking for a space, they would contact the City regarding their use and the parking standards associated with that use. She stated that there could be a use allowed but there would not be adequate parking to meet the standards. She stated that the tenant space that the new brewery is occupying would not have been leasable to a restaurant because the parking on that site is not adequate for that use, but because of the pilot program it will be allowed. Cm. Goel felt that this program could be viewed as an economic incentive to bring new business to the area. Ms. Bascom answered yes. She stated that the program was created by looking at ways to incentivize the re-tenanting of spaces and the re-use of existing buildings on Village Parkway in a more intense way. Cm. O'Keefe asked why Staff recommended a five year extension instead of another two years. Ms. Bascom answered that Staff felt that they needed more time to evaluate the program. Cm. Do asked if there was a way for new businesses to be directed to the Village Parkway area first instead of towards all the new development, i.e. Persimmon Place or Fallon Gateway. Ms. Bascom answered that many potential businesses contact economic development and discuss their business with Staff who would steer them to the location that would have the most potential for their business. She stated that the downtown is a big focus for the City so Staff may point them in that direction, but the business owner may be looking for something specific. Cm. Do felt that the pilot program helps to attract new business to the Village Parkway area. 41tanning Commission Oc h)r)e-r 28, 20/4 (kqj ka Aleelialif 41 as g e 1 150 DRAFT DRAFT Ms. Bascom agreed that the program helps make the area more attractive for uses that might not be able to go there if not for the program. Chair Bhuthimethee opened the public hearing and, having no speakers, closed the public hearing. On a motion by Cm. Goel and seconded by Cm. Do, on a vote of 4-0-1, with Cm. Kohli absent, the Planning Commission adopted: RESOLUTION NO. 14 - 52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A ZONING ORDINANCE AMENDMENT TO CHAPTER 8.76 (OFF-STREET PARKING AND LOADING) RELATED TO THE VILLAGE PARKWAY PILOT PARKING PROGRAM 8.2 PLPA-2014-00031 Amendments to Dublin Zoning Ordinance Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses of Land), 8.40 (Accessory Structures and Uses Regulations), 8.64 (Home Occupations Regulations), 8.76 (Off- Street Parking and Loading Regulations), and 8.116 (Zoning Clearance) and the creation of Chapter 8.65 (Cottage Food Operations) Marnie Delgado, Senior Planner, presented the project as outlined in the Staff Report. Cm. Do asked how many cottage food operations are located within the City of Dublin. Ms. Delgado answered that there are currently 5 or 6. Chair Bhuthimethee asked how Staff decided on 2% within high density residential areas. Ms. Delgado answered that Staff looked at different ways to allow them without being overly restrictive. She stated that Staff felt that, within high density residential areas, the 300 foot radius was overly restrictive and that 2% was a reasonable amount. She stated that, within a 300 unit apartment complex at the Dublin Transit Center, there could be 5-6 cottage food operations. Staff built in a Minor Use Permit (MUP) process so that additional cottage food operations could be evaluated if they reached the 2% maximum. Chair Bhuthimethee asked if the business owner could operate "by right" in a high density development. Ms. Delgado answered that the first 5-6 operations would be by right, but the next one that would bring the number over 2%; they would be required to apply for an MUP. 41tanning Commission Oc h)r)e-r 28, 20/4 (kgjukaa.`JOAleelaaaif 41 as g e 1 151 DRAFT DRAFT Cm. O'Keefe asked if the current cottage food operation businesses have ever generated enough traffic to cause a nuisance. Ms. Delgado answered no. Kit Faubion, City Attorney, stated that the legislation was specifically intended for small operations, and if the business needed more employees or would generate more income, they must move to a commercial operation. Chair Bhuthimethee felt that if 2% is too limiting, the City could change it to 3%. She also felt that if there are only 5-6 current cottage food operations throughout the City, that 2% would be adequate. Mr. Baker responded that the 2% only applies to high density residential that have multiple floors where the 300 foot radius would not make sense. Chair Bhuthimethee opened the public hearing and having no speakers, closed the public hearing. On a motion by Cm. Do and seconded by Cm. O'Keefe, on a vote of 4-0-1, with Cm. Kohli absent, the Planning Commission adopted: RESOLUTION NO. 14-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTERS 8.08 (DEFINITIONS), 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND), 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), 8.64 (HOME OCCUPATIONS REGULATIONS), 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS), AND 8.116 (ZONING CLEARANCE) AND THE CREATION OF CHAPTER 8.65 (COTTAGE FOOD OPERATIONS) 8.3 PLPA-2013-00031 Housing Element Update (2015-2023) General Plan Amendment Marnie Delgado, Senior Planner, presented the project as outlined in the Staff Report. Chair Bhuthimethee opened the public hearing, and having no speakers, closed the public hearing. On a motion by Cm. O'Keefe and seconded by Cm. Do, on a vote of 4-0-1, with Cm. Kohli absent, the Planning Commission adopted: RESOLUTION NO. 14- 54 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN 41tanning Commission Oc lor)e-r 28, 20/4 (kgjukaa.`JOAleelaaaif W as g e 1 1_r DRAFT DRAFT RECOMMENDING CITY COUNCIL ADOPTION OF A NEGATIVE DECLARATION FOR THE 2015-2023 HOUSING ELEMENT UPDATE RESOLUTION NO. 14-55 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF A GENERAL PLAN AMENDMENT FOR THE 2015-2023 HOUSING ELEMENT UPDATE NEW OR UNFINISHED BUSINESS — NONE OTHER BUSINESS - NONE 10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). 10.2 Jeff Baker presented Cm. O'Keefe with a Certificate of Appreciation for his service to the City of Dublin. Chair Bhuthimethee thanked Cm. O'Keefe for his service and commended him for his dedication to the City of Dublin. 10.3 Mr. Baker advised the Planning Commission that the next meeting, scheduled on November 11th, Veterans Day, will be canceled, as well as the meeting scheduled for November 25th. He stated that the next meeting will be Dec 9th 10.4 Mr. Baker advised the Planning Commission that the City Clerk is currently accepting applications, for consideration by the Mayor, to serve on the Planning Commission. He reminded Chair Bhuthimethee that her first term ends in December and to submit an application if she would like for the Mayor to consider her for a second term. ADJOURNMENT — The meeting was adjourned at 7:41:13 PM Respectfully submitted, Planning Commission Chair ATTEST: Jeff Baker Assistant Community Development Director G:IMINUTESI20141PLANNING COMMISSIOM10.28.14 DRAFT PC MINUTES(CF).doc (kqj ka�Aleeliali) W as g e _r