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HomeMy WebLinkAboutPC Reso 15-11 Trumark/Regional St CUP RESOLUTION NO. 15-11 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 residential 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 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, Conditional Use Permit approval for this project is within the scope of the 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, described and analyzed the Trumark/Regional Street residential project, including the Site Development Review 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 Street residential project, including the Site Development Review application, Vesting Tentative Map application, and the proposed Conditional Use Permit for a Parking Reduction on October 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 FURTHER RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Conditional Use Permit STATEMENT OF FINDINGS A. The proposed use and 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 permits 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 there 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 Chapter 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 demonstrates 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 parking their cars, which will ensure that guest parking on the project site remains available for 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 Distnct 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 Approval 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 represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL] Planning, [B] Building; [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District, [LDD] Livermore Dublin Disposal, [CO] Alameda County 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 I PL On-going Trumark/Regional Street Residential Project (PLPA-2015-00017) This approval 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) Updated Results of Supplemental Parking Study for Regional Street Housing in Dublin (dated 9/10/2015) The analyses support the provision of thirty six (36) on-site guest parking spaces (a ratio of 0 6 spaces per unit) as shown on Sheet C 3 of the Project Plans Two-car, side-by-side garages shall be provided with every residential unit 2. Effective Date. This Condition Use Permit approval becomes PL On-going effective after the Community Benefit Agreement associated with the project is approved by the City Council If the Community Benefit Agreement is not approved, the Condition Use Permit approval shall become null and void 3. Permit Expiration. Construction or use shall commence within PL One Year one (1) year 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 expired, the City may hold a noticed public hearing to Date determine the 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 Extension. The original approving decision-maker may, PL Prior to upon the Applicant's written request for an extension of approval i 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 to exceed six (6) months All time extension requests shall be noticed and a public hearing shall be held before the original hearing body 5. Compliance. The Applicant/Property Owner shall operate this use PL On-going in compliance 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 may be subject to enforcement action 6. Revocation of Permit. The Conditional Use Permit approval shall PL On-going 4 of 6 COA# Condition Text Resp. Required Agency Prior to: be revocable in accordance with the Dublin Zoning Ordinance Any violation of the terms or conditions of this permit shall be subject 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 Issuance Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department 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, MC 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 may 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 proceedings 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 authority to make minor modifications to these conditions without 5 of 6 COA# Condition Text Resp. Required _ Agency Prior to: going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts to this project 12. CC&Rs. The project CC&Rs shall be required to state that each PL, PW Approval of residential garage 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 ' occupied by resident vehicles PASSED AND ADOPTED BY the Planning Commission of the City of Dublin, on this 131h day of October 2015 by the following votes. AYES: Do, Goel, Mittan, Kohli, Bhuthimethee NOES: ABSENT: ABSTAIN: Plarirrtngenmm hair ATT ESTS Assistant Commievelopment Director G IPA#120131PLPA-2013-00067 Cal comic Creekside PD Amendment CUPIPC 1 28 141PC Reso CA Creeks,de CUP docx 6 of 6