HomeMy WebLinkAbout8.3 Att 4 Reso approving CUP for Park Reduction RESOLUTION NO. 15-xx
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A CONDITIONAL USE PERMIT FOR A PARKING REDUCTION FOR AN
INDIVIDUAL USE FOR THE 60-UNIT TRUMARK RESIDENTIAL PROJECT AT 7144
REGIONAL STREET IN DOWNTOWN DUBLIN
PLPA-2015-00017
WHEREAS, the Applicant, Trumark Homes LLC, is requesting approval of an application
to construct 60 townhomes on an approximately 2.7 acre site at 7144 Regional Street in
Downtown Dublin. The project will include the construction of the residentiai buildings, site
circulation and landscape improvements, and street improvements along Regional Street and
San Ramon Road along the project frontages. The Applicant is seeking site and architectural
(SDR) approval, a Vesting Tentative Map to create condominium units, and a Conditional Use
Permit to authorize a reduced guest parking standard of 0.6 spaces per residential unit instead
of 1 .0 guest spaces per unit as otherwise required by the Zoning Ordinance; and
WHEREAS, Section 8.76.050.E of the City of Dublin Zoning Ordinance (Adjustment to
the Number of Parking Spaces), states that when a reduction of off-street parking is proposed
because an applicant for a proposed use believes the number of parking spaces required for
their use as specified by the Zoning Ordinance is not applicable because the use would
function differently than the generic use type and associated parking standards established in
this Chapter, the Zoning Administrator may grant a reduction in off-street parking requirements;
and
WHEREAS, the Zoning Administrator can refer the application to the Planning
Commission when the application is being processed concurrently with other applications
related to the same project (as is the case here); and
WHEREAS, Section 8.76.050.E (Parking Reduction for an Individual Use) of the Off
Street Parking and Loading Chapter of the Zoning Ordinance outlines the means by which a
parking reduction can be considered; and
WHEREAS, the Applicant is requesting a reduction in the amount of guest parking to be
provided in the 60-unit townhome neighborhood from the City's standard of 1.0 guest parking
space per unit to 0.6 guest parking spaces per unit; and
WHEREAS, the Applicant submitted two parking memorandums regarding the proposed
parking reduction that outline the reasons behind the request, both of which were reviewed and
accepted by the City's Transportation and Operations Manager/Traffic Engineer; and
WHEREAS, based on the conclusions of the parking analyses and the reasons outlined
in the Staff Report, City Staff supports a parking reduction for this use in this location; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
ATTACHMENT 4
WHEREAS, the project is located within the Downtown Dublin Specific Plan area, which
was the subject of an Environmental Impact Report (EIR), State Clearinghouse number
20100022005. ThE� Downtown Dublin Specific Plan Final EIR was certified by City Council
Resolution No. 08-11 dated February 1, 2011. Pursuant to the California Environmental Quality
Act (CEQA) Guidelines section 15168, Site Development Review approval for this project is
within the scope of ',he project analyzed in the Specific Plan EIR and no further CEQA review or
document is required; and
WHEREAS, a Staff Report, dated October 13, 2015 and incorporated herein by
reference, describec� and analyzed the Trumark/Regional Street residential project, including the
Site Development I�eview application, Vesting Tentative Map application, and the proposed
Conditional Use Permit for a Parking Reduction; and
WHEREAS, the Planning Commission held a properly noticed public hearing on the
Trumark/Regional ��treet residential project, including the Site Development Review application,
Vesting Tentative PJlap application, and the proposed Conditional Use Permit for a Parking
Reduction on Octok�er 13, 2015, at which time all interested parties had the opportunity to be
heard; and
WHEREAS, the Planning Commission did hear and use independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this resolution.
BE IT FURTIHER RESOLVED that the City of Dublin Planning Commission does hereby
make the following i�indings and determinations regarding the Conditional Use Permit:
STATEMENT OF FINCiINGS
A. The proposed use ��nd related structures are compatible with other land uses, transportation and
service facilities in the vicinity in that.� 1) the project is located in the Downtown Dublin Zoning
District, which perm�its residential development with approval of Site Development Review and a
Community Benefit Agreement 2) the project is located in Downtown Dublin and within walking
distance of the West Dublin/Pleasanton BART station; 3) the project has frontage on Regional
Street, which has on-street parking available to the public; and 4) the parking analyses
demonstrate that th��re should not be spillover parking impacts to adjacent properties.
B. The proposed use meets the parking requirement for the use type in accordance with the
requirements of Ch��pter 8.76 (Off-Street Parking and Loading Regulations), which could include
a parking reduction for an individual use in that: 1) a parking study was prepared by the
Applicant's parking consultant that was reviewed by the City's Transportation and Operations
Manager, which deinonstrates that there is sufficient parking available to meet the guest parking
demands of visitors to the future residential neighborhood and that there is not expected to be a
parking deficiency; 2) as conditioned, the residents of the neighborhood will be required —
through the Homeowner's Association CC&Rs — to keep their two-car garages free and clear for
the purposes of p��rking their cars, which will ensure that guest parking on the project site
remains available f��r guests and not utilized by resident parking; and 3) the Parking Reduction
for an Individual Use will facilitate the development of the residential neighborhood and the
2 of 6
establishment of higher density residential uses in Downtown Dublin, which is one of the guiding
principles of the Downtown Dublin Specific Plan.
C. The proposed use, as conditioned, 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 in
that.� 1) a parking study was prepared that demonstrates there is sufficient parking available to
meet the guest parking requirements of the residential project at 0.6 guest spaces per unit and
that there should not be a parking deficiency; 2) due to sufficient on-site parking it is not
anticipated that there will be any overflow parking that would adversely affect an adjacent use;
and 3) the neighborhood CC&Rs will require that owners/residents keep their two-car garages
free and clear for the purposes of parking their cars, which will ensure that guest parking on the
project site remains available for guests and not utilized by resident parking .
D. The proposed use, as conditioned, will not be injurious to property or improvements in the
neighborhood in that: a parking study was prepared that demonstrates there is sufficient parking
available to meet the guest parking requirements of the residential project at 0.6 guest spaces
per unit and that there should not be a parking deficiency or overflow parking that will impact
adjacent properties and businesses.
E. There are adequate provisions for public access, water sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental to the
public health, safety and welfare in that: the project will be served by existing public roadways
including Regional Street and San Ramon Road; and 2) the project will be served by existing
public utilities and services including water and sanitation.
F. The subject site is physically suitable for the type, density and intensity of the use and related
structures being proposed in that.� a parking study was prepared that demonstrates there is
sufficient parking available to meet the guest parking requirements of the residential project at
0.6 guest spaces per unit.
G. The proposed use will not be contrary to the specific intent clauses, development regulations, or
performance standards established for the zoning district in which it is located in that: 1) the
project has been reviewed for conformance with the Downtown Dublin Zoning District and the
Downtown Dublin Specific Plan and a Parking Reduction for an Individual Use is permitted when
an Applicant for a proposed use believes the number of parking spaces required for their use as
specified by the Zoning Ordinance is not applicable because the use would function differently
than the generic use type and associated parking standards established by the Zoning
Ordinance; and 2) the Applicant has provided all materials needed to process a Conditional Use
Permit and consider a reduced parking requirement.
H. The proposed use is consistent with the Dublin General Plan and with any applicable Specific
Plans in that: 1) the General Plan Land Use designation is "Downtown Dublin," which allows uses
as varied as residential, office, and retail or service commercial; and 2) the project site is located
in the Retail District of the Downtown Dublin Specific Plan, which allows residential development.
CONDITIONS OF APPROVAL
Unless stated otherwise, all Conditions of Approvai shall be complied with prior to the
establishment of use, and shall be subject to Planning Division review and approval. The
3 of 6
following codes repr�=sent those departments/agencies responsible for monitoring compliance of
the conditions of ap��roval: [PL] Planning; (B] Building; [PO] Police; [PW] Public Works; [ADM]
Administration/City ��ttorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin
Fire Prevention; [D�;R] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal;
[CO] Alameda Courity Department of Environmental Health; [Zone 7) Alameda County Flood
Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit
Authority; and [CHS] California Department of Health Services.
COA# Condition Text Resp. Required
Agency Prior to:
PLANNING DIVISION
1. Approval. This Conditional Use Permit approval is for the PL On-going
Trumark/Rec�ional Street Residential Project (PLPA-2015-00017).
This approv��l is for a Parking Reduction for an individual use for a
60-unit townhome project at 7144 Regional Street in accordance
with the two parking analysis prepared by TJKM:
a) Results of Parking Study for Regional Street Housing in
� Dublin (dated 7/16/2015)
b) Upd�ited Results of Supplemental Parking Study for
Regi��nal Street Housing in Dublin (dated 9/10/2015)
The analyses support the provision of thirty six (36) on-site guest
parking spac;es (a ratio of 0.6 spaces per unit) as shown on Sheet
C.3 of the F'roject Plans. Two-car, side-by-side garages shall be
rovided witn ever residential unit.
2. Effective Date. This Condition Use Permit approval becomes PL On-going
effective aft��r the Community Benefit Agreement associated with
the project is approved by the City Council. If the Community
Benefit Agr�=ement is not approved, the Condition Use Permit
a roval sh��ll become null and void.
3. Permit Expiration. Construction or use shall commence within PL One Year
one (1) ye�ir of Permit approval or the Permit shall lapse and After
become null and void. If there is a dispute as to whether the Permit Effective
has expirecl, the City may hold a noticed public hearing to Date
determine tl�e matter. Such a determination may be processed
concurrently with revocation proceedings in appropriate
circumstances. If a Permit expires, a new application must be
made and processed according to the requirements of this
Ordinance.
4. Time Exterision. The original approving decision-maker may, PL Prior to
upon the A��plicanYs written request for an extension of approval Expiration
prior to expiration, upon the determination that all Conditions of Date
Approval remain adequate and all applicable findings of approval
will continuE� to be met, grant an extension of the approval for a
period not t� exceed six (6) months. All time extension requests
shall be noticed and a public hearing shall be held before the
ori inal hearin bod .
5. Complianc�:. The ApplicanUProperty Owner shall operate this use PL On-going
in complian��e with the Conditions of Approval of this Conditional
Use Permit, the approved plans and the regulations established in
the Zoning Ordinance. Any violation of the terms or conditions
specified m�� be sub�ect to enforcement action.
6. Revocation of Permit. The Conditional Use Permit approval shall PL On- oin
4 of 6
COA # Condition Text Resp. Required
A enc Prior to:
be revocable in accordance with the Dublin Zoning Ordinance.
Any violation of the terms or conditions of this permit shall be
sub�ect to citation.
7. Requirements and Standard Conditions. The Applicant/ Various Building
Developer shall comply with applicable City of Dublin Fire Permit
Prevention Bureau, Dublin Public Works Department, Dublin Issuance
Building Department, Dublin Police Services, Alameda County
Flood Control District Zone 7, Livermore Amador Valley Transit
Authority, Alameda County Public and Environmental Health,
Dublin San Ramon Services District and the California Department
of Health Services requirements and standard conditions. Prior to
issuance of building permits or the installation of any
improvements related to this project, the Developer shall supply
written statements from each such agency or department to the
Planning Department, indicating that all applicable conditions
required have been or will be met.
8. Required Permits. Developer shall obtain all permits required by PW Building
other agencies including, but not limited to Alameda County Flood Permit
Control and Water Conservation District Zone 7, California lssuance
Department of Fish and Game, Army Corps of Engineers,
Regional Water Quality Control Board, Caltrans and provide
co ies of the ermits to the Public Works De artment.
9. Fees. Applicant/Developer shall pay all applicable fees in effect at Various Building
the time of building permit issuance, including, but not limited to, Permit
Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Issuance
Dublin San Ramon Services District fees, Public Facilities fees,
Dublin Unified School District School Impact fees, Fire Facilities
Impact fees, Alameda County Flood and Water Conservation
District (Zone 7) Drainage and Water Connection fees; or any
other fee that ma be adopted and applicable.
10. Indemnification. The Developer shall defend, indemnify, and hold ADM On-going
harmless the City of Dublin and its agents, officers, and employees
from any claim, action, or proceeding against the City of Dublin or
its agents, officers, or employees to attack, set aside, void, or
annul an approval of the City of Dublin or its advisory agency,
appeal board, Planning Commission, City Council, Community
Development Director, Zoning Administrator, or any other
department, committee, or agency of the City to the extent such
actions are brought within the time period required by Government
Code Section 66499.37 or other applicable law; provided,
however, that the Developer's duty to so defend, indemnify, and
hold harmless shall be subject to the City's promptly notifying the
Developer of any said claim, action, or proceeding and the City's
full cooperation in the defense of such actions or proceedin s.
11. Clarification of Conditions. In the event that there needs to be PL, PW On-going
clarification to the Conditions of Approval, the Director of
Community Development and the City Engineer have the authority
to clarify the intent of these Conditions of Approval to the
Developer without going to a public hearing. The Director of
Community Development and the City Engineer also have the
authorit to make minor modifications to these conditions without
5 of 6
COA# Condition Text Resp. Required
A enc Prior to:
going to a p�ablic hearing in order for the Developer to fulfill needed
im rovements or miti ations resultin from im acts to this ro�ect.
12. CC&Rs. The project CC&Rs shall be required to state that each PL, PW Approval of
residential c�arage shall remain free and clear to park two Final Map
passenger vehicles. This is required in order to ensure that the
on-site guest parking remains open and usable for guests and not
occu ied b resident vehicles.
PASSED AND ADOPTED BY the Planning Commission of the City of Dublin, on this 13tn
day of October 2015 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
G:IPA#120131PLPA-2013-OOOu7 California Creekside PD Amendment CUPIPC 1.28.141PC Reso CA Creekside CUP.docx
6of6