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HomeMy WebLinkAbout04-057 Starbucks CUP ParkingAGENDA STATEMENT PLANNING COMMISSION AGENDA: Apri126, 2005 SUBJECT: PUBLIC HEARING: Appeal of Zoning Administrator Approval of a Conditional Use Permit for PA 04-057, Enea Properties/Starbucks Coffee, Reduction to Required Parking Report prepared by: Pierce Macdonald, Associate Planner & Janet Harbin, Senior Planner i/. C, ATTACHMENTS: 1. Resolution Affirming Zoning Administrator Approval of Conditional Use Permit PA 04-057, Enea Properties/Starbucks Coffee (with Site Plan attached as Exhibit A, and Parking Study attached as Exhibit B, with Focused Traffic/Parking Analysis dated April 19, 2005 included) 2. Zoning Administrator Staff Report, with Resolution attached, and Meeting Minutes for March 14, 2005 3. Letter of Appeal, dated received March 23, 2005 4. Applicant's Written Statement in Response to Appeal 5. Planning Commission Reso. No. 04-40 for Enea Village, PA 03-069 6. Curbside Parking Diagram 7. Ordinance No. 21-98 for PA 98-049 RECOMMENDATION: 1. Open Public Hearing and Hear Staff Presentation; 2. Take Testimony from the Applicant and the Public; 3. Close Public Hearing and Deliberate; 4. Adopt Resolution (Attachment 1) Affirming Zoning Administrator Approval of a Conditional Use Permit PA 04- 057, Enea Properties/Starbucks Coffee (with Site Plan included as Exhibit A, and Parking Study as Exhibit B, with Focused Parking/Traffic Analysis included) BACKGROUND: The project site at 7197 Village Parkway was the former location of an automotive gasoline and service station that closed in the 1990's, and was previously zoned General Commercial (C-2). Adjacent uses include the Taco Bell restaurant to the south and two single-family homes to the east on Amador Valley Boulevard. The City Council adopted a Stage 1 and 2 Planned Development (PD) Zoning District for the property on December 15, 1998 (PA 98-049). Pursuant to the PD regulations, a range of office, commercial and eating and drinking establishments were permitted uses in the district. Cafes and other neighborhood- COPIES TO: Applicant Appellant PA File l ITEM NO. , serving uses were specifically identified as appropriate new uses in the Planned Development Zoning District (PD District) adopted by the City Council. The development potential of the project site was further studied in the Village Parkway Specific Plan, adopted by City Council on December 19, 2000, in which the property was identified as an opportunity site and a primary gateway location. On May 11, 2004, the Planning Commission approved a request for Site Development Review, Tentative Map, and a Conditional Use Permit for the Enea Village Parkway Center (PA 03-069) on the property (see Resolution 04-40, included as Attachment 5). The approval allows development of the 1-acre lot at the southeast corner of the intersection of Village Parkway and Amador Valley Boulevard with a 8,539- square-foot commercial/retail center and a 5,582-square-foot office building. Project amenities included an 800-square-foot landscaped public plaza with bench seating. The site plan provided parking for 54 vehicles (32 parking spaces for the commercial/retail building and 22 parking spaces for the office building). Within the commerciaUretail center, a 600-square-foot space was identified for eating and drinking uses, such as a coffee shop. Additionally, as part of the Site Development Review, an outdoor plaza seating area was identified and patio seating was allowed subject to PD District requirements. At the present time, grading and site work has commenced for the commercial/retail building at the site with approved building permits. Zoning Administrator Action: In November of 2004, Enea Properties requested a Conditional Use Permit from the Zoning Administrator to reduce the number of parking spaces required by the Zoning Ordinance to allow a 1,886-square-foot coffee retailer and cafe with 410 square feet of outdoor seating area to locate in the Enea Village Parkway Center. The parking requirement for the various uses in the commercial retail center counted individually is 45 parking spaces (see table entitled, Project Parking and Peak Parking Demand, on page 5). The proposal included a mix of indoor seating and outdoor seating, for a total of 30 indoor and 16 outdoor seats. The Conditional Use Permit was needed to reduce the number of on-site parking spaces by eight (8) parking spaces and substitute five (5) curbside parking spaces for five (5) on-site parking spaces, pursuant to Chapter 8.76.050 of the Zoning Ordinance, Adjustment to the Number of Parking Spaces. On March 14, 2005, the Zoning Administrator held a public hearing and granted the Conditional Use Permit based on information presented in the Staff report and at the public hearing that the adjusted number of parking spaces would be sufficient for the use, would not increase traffic congestion, and would be safe to motorists, pedestrians, and bicyclists. Prior to the hearing, the Zoning Administrator received 13 letters supporting the parking reduction, and 16 letters opposing the parking reduction. Additionally, at the public hearing held on March 14, 2005, several people spoke in opposition to the parking reduction because of pedestrian safety, parking and other traffic-related issues, as well as the importance of supporting existing local businesses such as Mika's Espresso located to the northwest of the site. The Staff Report and Meeting Minutes for the Zoning Administrator Public Hearing are included as Attachment 2. Information on the requested Conditional Use Permit and material presented to the Zoning Administrator follows in the Analysis section below. Appeal of Zoning Administrator Action: On March 23, 2005, a letter from Bobbi Cauchi was received by the City Clerk appealing the Zoning Administrator approval of the Enea Properties parking reduction (PA 04-057). This was the only letter of appeal received, and is included as Attachment 3 of this Staff report. The letter of appeal expressed Ms. Cauchi's concerns regarding project traffic and circulation conflicts with local schools, pedestrians, and 2 area traffic, perceived inconsistency with the intent of the Village Parkway Specific Plan, and perceived inconsistency with the intent of Zoning Ordinance parking regulations. These points are briefly summarized and responded to in the section following the analysis of the Conditional Use Permit ANALYSIS: Legal Basis for Parking Reduction and Adjustment: Pursuant to Section 8.76.050 of the Zoning Ordinance, Adjustment to the Number of Parking Spaces, the Zoning Administrator may reduce the number of parking spaces required by the Zoning Ordinance by means of a Conditional Use Permit for the following reasons: 1) when off-site parking is available to satisfy the required parking under the Zoning Ordinance; 2) when the parking requirement is deemed excessive; and, 3) when a shared parking condition is present. In the latter two cases, a parking study must be prepared by a qualified traffic engineer or consultant. The following evidence must be provided: An analysis of the availability of off-site parking spaces showing that the most distant parking space is not more than 400 feet from the commercial use, that the off-site parking spaces are not located in a residential zone or vehicle access area, and that any necessary agreements are executed to assure that the off-site parking spaces are provided to the principal use (Section 8.76.OSO.C). ^ An analysis of the parking demands of the proposed use and the parking demands of similar uses in similar situations, to demonstrate how the required parking standard is excessive (Section 8.76.OSO.E). ^ An analysis of how a sufficient number of parking spaces is provided to meet the greatest parking demands of the participating use types in a shared parking situation (Section 8.76.OSO.F). Lastly, the parking study must determine that an alternative parking standard would ensure that there will not be a parking deficiency, that overflow parking will not adversely impact adjacent uses, or that parking for various uses in a shopping center will not conflict with each other. Conditional Use Permit: The Applicant worked with the City Traffic Engineer and Planning Division Staff to develop a Parking Study for the project. The Parking Study is included as Exhibit B to Attachment 1. The Study reviewed the requested 1,886-square-foot coffee shop and a 410-square-foot outdoor seating area and provided an analysis of the typical parking requirements of the proposed tenant and the future tenants of the shopping center. The Parking Study concluded that the proposed project would generate significant visitors to the Village Parkway area due to its prominent location, promotion and marketing, and the attractiveness of the new building's design. The shared parking condition of the shopping center and the availability of free, on- street parking would supplement the parking provided on-site. In addition, the proximity of the project site to residential neighborhoods, bike paths, and public transportation would allow several transportation options for visitors and employees. Concurrent with the conditions of approval listed below, the Parking Study supported an alternative parking requirement to that of the Dublin Zoning Ordinance that takes into consideration all of the conditions at the project site. The Parking Study concluded that 32 off-street parking spaces and the 3 existing on-street parking spaces (a minimum of 5) would be sufficient to meet the peak parking needs of the coffee shop and the shopping center as a whole. Conditions of Approval: The following measures were recommended by the Parking Study and incorporated as Conditions of Approval of the Zoning Administrator Resolution (included in Attachment 2) to ensure that approval of the Conditional Use Permit would cause no adverse impacts on retail tenants in the shopping center or adjacent property owners or area traffic: 1. The project shall reserve six (6) of the parking spaces as time-limited parking. These spaces shall be located closest to the coffee shop and shall be posted with the following information: "15 Minute Parking Limit. Towing Enforced." Signs shall include City of Dublin Municipal Code citation that allows towing of illegally parked vehicles. These six (6) parking spaces with time limit restrictions would be able to safely accommodate 24 vehicles per hour. (Condition of Approval # 8) 2. The coffee shop tenant shall provide information on the availability of travel options to visitors and employees on an on-going basis. BART and the Wheels and Alameda County Connection bus services, as well as the 511 telephone and Internet service (www.51 l.org), shall be resources for information and promotional materials. (Condition of Approval # 9) 3. An alternative parking standard of 1 space for every 200 square feet of outdoor floor area would be adequate due to the seasonal nature of outdoor seating. The Applicant/Developer shall apply for and obtain a Conditional Use Permit for additional parking reductions pursuant to Section 8.76.050 of the Zoning Ordinance should the plaza area be covered by a permanent roof in the future (not included with this application). (Condition of Approval # 10) 4. The coffee shop shall provide auxiliary parking and proper signage for the first two weeks of operation due to increased traffic caused by the business' grand opening. The auxiliary parking shall be located in the Enea Village Center parking lot and the remaining commercial tenant spaces shall be kept vacant during the two-week time period (Condition of Approval # 11) To summarize the conclusions and recommendations made in the original Parking Study, an alternative parking requirement which includes six (6) time-limited parking spaces and five (5) on-street or curbside parking spaces, in addition to the other 26 parking spaces in the Enea Village Parkway Center's commercial/retail parking lot, would be sufficient to satisfy the peak parking demand of the coffee shop and the Center's retail tenants. Focused Traffic/Parking Analysis, dated April 19, 2005: To address concerns expressed at the Zoning Administrator public hearing and in the letter of appeal, the Applicant commissioned George Nickelson of Omni Means to prepare a supplemental Focused Traffic/Parking Analysis (Focused Analysis) to evaluate conditions at the intersection of Village Parkway and Amador Valley Boulevard and at existing local Starbucks Coffee locations (included with Exhibit B to Attachment 1). The locations surveyed in the Focused Analysis included the Starbucks Coffee businesses at 7904 Dublin Boulevard (at Regional), 4930 Dublin Boulevard (Hacienda Crossings), and 9150 Alcosta Boulevard. The surveys were taken the week of April 4, 2005. The Focused Analysis addresses concerns related to traffic congestion and parking demand from 6 A.M. to 10 A.M. during the busiest time period of the Starbucks business and during the time when local children are likely to be traveling to school. 4 The Focused Analysis prepared by Omni Means concluded that the intersection of Village Parkway and Amador Valley Boulevard is currently operating at level of service (LOS) A and would continue to operate at LOS A with completion of the proposed project with the parking reduction. The Focused Analysis concluded that there would be a peak parking demand of 27 parking spaces for the proposed coffee shop use at 9:30 A.M. and a peak parking demand of 39 parking spaces for the commercial/retail center as a whole also at 9:30 A.M. Lastly, the Focused Analysis concluded that there would be sufficient on-street or curbside parking for the 7 parking spaces that could not be provided on-site by the 32-space parking lot. The Parking Study updated with the Omni Means Focused Traffic/Parking Analysis dated April 19, 2005 can be summarized as follows: Proiect Parking and Peak Parking Demand from 9:00 A.M. to 9:30 A.M. Use Area Zoning Maximum Recommended Parking Provided (sq.ft.) Ordinance Hourty Standards/ (spaces) Required Parking Conditions Parking Demand* s aces s aces Coffee 1,886 19 27 6time-limited parking 10 on-site Sho spaces (24 vehicles) 7 off-site Outdoor 410 4 4 regular spaces Seating 5 off-site parking spaces Total Spaces Available: 10 spaces and 5 off-site spaces would manage max. demand of 33 vehicles er hour Retail 6,653 22 12 22 on-site 22 regular spaces (No changes in standards from Zonin Ordinance) Total 8,539 interior 45 39 32 32 on-site + 4l0 exterior 39 total * From Focused Traffic/Parking Analysis prepared by George Nickelson of Omni Means, dated April 19, 2005. Added Conditions of Approval: Staff recommends and the Applicant has agreed to the following Condition of Approval that has been added to the Resolution (Attachment 1) to ensure that the conditions studied in the Parking Study and in the Focused Traffic/Parking Analysis continue to be in effect at the site and to ensure that parking spaces are not utilized for deliveries. The Applicant/Developer shall identify the location of a 10-foot by 20-foot loading space on the site plan of the project site in addition to the 32 parking spaces provided in the parking lot. The location of the loading space shall be subject to the review and approval of the Community Development Director and the Public Works Director. (Condition 12) 5 Letter of Appeal: As stated in the Background section, on March 23, 2005, a letter from a Dublin resident, Bobbi Cauchi, was received by the City Clerk appealing the Zoning Administrator approval of PA 04-057, for a reduction of eight (8) parking spaces and substitution of five (5) curbside parking spaces for on-site parking on the site. The Letter of Appeal is included as Attachment 4 to this Staff report. The Appellant's grounds for the Appeal and Staff's responses are summarized as follows: Comment: The Appellant believes that the proposed use will create high customer volume and/or traffic and the highest volume will be in the morning from 7.'00 a. m. to 10:00 a. m. During the hours of 7:00 a. m. to 10 a.m., the Appellant believes that 90% of the Starbucks sales will be take- out or to-go. One of the two shopping center entrances is on Amador Palley Boulevard and the Appellant believes that this will function as a primary entrance and exit. The Appellant believes that vehicles exiting at the Amador Valley Boulevard exit will be required to drive east into residential neighborhoods. Because Dublin High School, Palley High School, Wells Middle School, and Frederiksen Elementary School are in the vicinity of the proposed parking reduction, the traffic generated by the use will be dangerous to children's safety. Response: A Parking Study was prepared by the Applicant and City Staff in December 2004 with a follow-up Focused Traffic/Parking Analysis on April 19, 2005 prepared by Omni Means (in Attachment 1, Exhibit B) for the requested parking reduction. The parking study concluded that the proposed parking reduction at the Enea Village Parkway center would not create traffic hazards or conflicts between vehicles and pedestrians or bicyclists, and sufficient parking will be available for morning customers during the coffee shop's busiest hours. During the hours between 7:00 a.m. and 9:00 a.m. (the schools named above, except Valley High School, begin at or before 9:00 AM), the Enea Village Parkway Center's other tenants are not likely to be open for business. With the provision of six (6) time-limited parking spaces in the Center, there will be an excess of more than 2 to 17 parking spaces in the shopping center during this time (see Parking Study and Focused Traffic/Parking Analysis in Attachment 1). According to the Focused Traffic/Parking Analysis, traffic will not be directed into adjacent residential neighborhoods because of two factors. The first factor is that the Focused Analysis determined that 70% of Starbucks customers are "pass by" traffic, meaning that these drivers were using the roadways to drive to a destination and stopped for Starbucks because it was along the same route. The remaining 30% of Starbucks customers are new trips. The second factor is that the median strip on Amador Valley Boulevard allows a safe location for entrance into the Dublin Village Square Shopping Center north of the subject retail center, as well as for U-turn maneuvers for drivers wishing to access Village Parkway. Lastly, the stop signs, narrowness of the street, lack of freeway access, and residential character of Amador Valley Boulevard east of Village Parkway, is designed to slow traffic and contains many curvilinear streets and cul-de-sacs that will discourage traffic from entering Amador Valley Boulevard and neighborhood streets. Student and child safety has been protected by measures including but not limited to the following City enhancements. A crossing guard currently monitors students' access to school at the intersection of Burton Street and Amador Valley Boulevard to ensure pedestrian safety at busy times of the day. The crossing guard uses special stop signs developed by the City. The signalized intersection at Village Parkway and Amador Valley Boulevard, along with recent pedestrian safety enhancements at the sidewalk and corner, such as the removal of the right-turn only lane as part of the Village Parkway Capital Improvement Project, will ensure that students' safety is protected. Based on the Accident History Report compiled by the Public Works Department, the intersection of Village Parkway and Amador Valley Boulevard has a good safety record. Traffic accidents, 6 predominantly "fender benders," average 5.4 per year involving other motorists. No pedestrian accidents have been reported since January of 2001. 2. Comment: The intent of the "downtown specific plan "(Village Parkway Specific Plan) was to create abreakfast/lunch destination. The Starbuck's Cafe use is not consistent with this intent because the Appellant believes that the use sells take-out/to-go items. The provision of time- limited parking spaces is proof that the business is atake-out/to-go use. Response: The intent of the Village Parkway Specific Plan for the area is to create a more pedestrian friendly and visually-enhanced retail/commercial shopping and service district along Village Parkway from Dublin Boulevard to above Amador Valley Boulevard. The Land Use Plan for the Specific Plan noted the site as an "opportunity site," or a site for a possible change in use to be more inviting and provide pedestrian-oriented services and retail, and as a location for a potential plaza with new development. According to the Specific Plan, uses permitted at the project location include a number of service and retail businesses, and drinking and eating establishments with outdoor seating, such as that proposed by Enea Properties. Additionally, a cafe is specifically identified as a permitted use pursuant to the regulations of the Planned Development District, and this use may also sell to-go items. The provision of six (6) time-limited spaces was added as a condition of approval of the Enea Properties' project to meet the peak parking demand for the retail center between the hours of 9:00 AM and 11:00 AM during the week and 10:00 AM to 12 PM on the weekend when volume is highest for both the cafe use and the retail business in the shopping center. The six (6) time-limited spaces increase the capacity of the parking lot to meet this peak time only, and would not be needed during most times of the day. 3. Comment: The Appellant believes that it is important not to rely on the brand name recognition of the business that is requesting the parking reduction because the popularity of brands is impermanent and changes rapidly. Response: The issuance of planning and use permits pertains to the appropriate land use for a particular site and not to a specific brand of a product. Any eating or drinking establishment could have requested a Conditional Use Permit for this specific site. As Starbucks Coffee is a widely recognized and popular name brand, the Applicant has worked with the City Staff and a traffic consultant to provide parking and traffic studies as requested by Staff to justify an adjustment to required parking for this business location. Competition by various individual businesses in the same use type category is not a land use or planning consideration. 4. The Appellant believes that the parking requirements of 1 space for 100 square feet of restaurant/food services and 1 space for 300 square feet of retail were established for a use such as the Starbucks cafe within the retail center. Response: The Zoning Ordinance provides parking requirements by generic use type, as well as the means by which the required parking maybe reduced or modified to fit specific conditions of a project, pursuant to Zoning Ordinance Section 8.76.050. The generic "eating and drinking establishment" use type includes cafes, restaurants, delicatessens, specialty foods, bakeries, ice cream shops, and sandwich shops. A Parking Study for a specific use prepared by a qualified traffic engineer or consultant is required to provide the basis for allowing a parking adjustment. In the case of the current project, the Parking Study found that the current conditions at the site, in combination with the measures recommended in the Study, would provide the basis for a parking reduction of eight (8) spaces and a modification of five (5) spaces to be located on-street. The Focused Traffic/Parking Analysis prepared in April 2005 by Omni Means supports the findings and recommendations of the Parking Study (both are included in Exhibit B to Attachment 1). 7 5. Comment: The Appellant believes that on-street parking reduces a person 's ability to observe on-coming traffic unless that person is partially in the driving lane. Response: The City will ensure that on-street parking is prohibited within an appropriate distance from each driveway to allow for safe sight distance. Additionally, a person turning right from the store's driveway on Amador Valley Boulevard or Village Parkway would need to look only to the left to observe on-coming traffic before pulling out into the right traffic lane because the entrances/exits are right-turn only. 6. Comment: Reliance on on-street parking as an alternative to five (5) of the on-site parking spaces would cause traffic problems as drivers would look first for parking within the shopping center and circle to the on-street parking spaces with two U-turn maneuvers if on-site parking spaces were not available. Response: Based on the Parking Study and Focused Traffic/Parking Analysis, the peak parking demand is between 9:00 AM and 11:00 AM on weekdays, and 10:00 AM to 12:00 PM on weekends. With the provision of six (6) time-limited parking spaces, the parking lot of 32 spaces would be able to accommodate parking for 55 cars per hour, which is sufficient to meet the peak parking requirements of the Center. 7. Comment: Parallel parking at the on-street parking spaces would stop traffic on Village Parkway and Amador Valley Boulevard. Response: Curb lanes on both Amador Valley Boulevard and Village Parkway are wide enough to accommodate parallel on-street parking safely without impeding traffic flows. Additionally, on- street parking is permitted along the rest of Village Parkway in front of a variety of other businesses. 8. Comment: People will not walk to the Starbucks cafe from on-street parking spaces in rain and other inclement weather. Response: With the provision of six (6) time-limited parking spaces in the shopping center, on- street parking would be in addition to the parking needed by the use. Because all parking for the site is uncovered, inclement weather would have only a small impact on the desirability of on- street parking, which could be closer in some cases to the coffee shop's tenant space than parking spaces in the parking lot of the shopping center. 9. Comment: The Starbucks location in Southern California (South Pasadena) used in the Parking Study is not similar enough to the Starbucks that is the subject of the requested parking reduction. The Starbucks example used in the Parking Study is 26% smaller in floor area than the Starbucks at 7197 Village Parkway, and the Parking Study increased the trips by 26% to adjust for the difference. The Parking Study does not include data for walk-up traffic such as persons walking from offices, schools, etc. The Appellant believes that the Starbucks at Regional Street and Dublin Boulevard generates more than 28 vehicles per hour (the conclusion of the Traff c Study for the Starbucks in South Pasadena). Response: The Applicant has provided a Focused Traffic/Parking Analysis based on current traffic and parking data for the Starbucks Coffee businesses at 7904 Dublin Boulevard (at Regional), 4930 Dublin Boulevard (Hacienda Crossings), and 9150 Alcosta Boulevard. The surveys were taken the week of April 4, 2005. The Focused Analysis addresses concerns related to traffic congestion and parking demand from 6 A.M. to 10 A.M. during the busiest time period of the business (included in Attachment 1). The Focused Traffic/Parking Analysis also surveyed the number of pedestrians and bicyclists near the businesses. This supplemental information supports 8 the conclusions and recommendations of the original Parking Study that 27 to 28 parking spaces would be required to meet the peak parking demand of the coffee shop use, which are provided. 10. Comment: The Traff c Study that concluded that the intersection of Village and Amador Valley Boulevard was safe and that traffic would remain at LOS C under current and future conditions did not take into considerations growth of the Dougherty Valley, the expansion of the Valley Center, the remodel of the AM/PM convenience store, increased school enrollment, the new Senior Housing development, and the remodeled Target/Expo Design Center. The traffic study does not provide sufficient information to evaluate the safety of the southeast corner of Village Parkway and Amador Valley Boulevard. Response: The purpose of a specific plan is to anticipate the impacts of a group or range of development so that each individual use included in the specific plan does not require an individual study. This allows the City to plan for cumulative impacts of several projects taken together and allows development to occur without unforeseen or unnecessary delays. The traffic impacts of growth related to the various uses envisioned in the Village Parkway Specific Plan were studied and mitigated through Capital Improvement Projects and Developer payment of Traffic Impact Fees. The Valley Center, the Target/Expo remodel, and the Senior Housing development, were developed pursuant to the Village Parkway Specific Plan and the Downtown Core Specific Plan, and the traffic generated by these projected uses were included in the traffic studies for the Specific Plans. Traffic Studies have concluded that regional growth such as development in Dougherty Valley will not impact Village Parkway. In cases where a new project may exceed the development anticipated under the Specific Plan, a supplemental traffic study is prepared. However, the proposed project is relatively small (1,886 square feet) and conforms to the development standards of the PD Zoning District and Specific Plan. As the Applicant requested an adjustment in Parking Standards as allowed by the Zoning Ordinance, a more focused parking study was required instead. The Focused Traffic/Parking Analysis concluded that the intersection of Village Parkway and Amador Valley Boulevard is operating at a level of service of A between 7:00 A.M. and 9:00 A.M., and that the potential for conflicts between vehicles and pedestrians or bicyclists is low. Public Hearing Notice and Comments: A Public Hearing Notice was mailed to property owners, residents, and tenants within a 300-foot radius of the project property. A copy of the notice was advertised in the Valley Times and posted at locations in the City. As of the writing of this report, no further comments have been received from the public. 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 that environmental documents be prepared. The proposed project has been found to be Categorically Exemption from the provisions of California Environmental Quality Act (CEQA), in accordance with the CEQA Guidelines, Section 15304, as it is a minor alteration to land consisting of a reduction in parking spaces for a business tenant within an approved infill retail commercial center, presently under construction. CONCLUSION: The Enea Village Parkway Center will replace a vacant former gas station at a prominent corner of the intersection of Village Parkway and Amador Valley Boulevard. The project site is identified in the 9 Village Parkway Specific Plan as an opportunity site. The proposed coffee shop use meets the goals and requirements of the property as envisioned in the Village Parkway Specific Plan, the Planned Development District PA 98-049, and the Off-Street Parking and Loading Section of the Zoning Ordinance by creating aneighborhood-serving and pedestrian-friendly commercial use with shared parking. City Staff have reviewed the project and Conditions of Approval are contained in the Resolution (Attachment 1) that will mitigate any potential adverse impacts of the project relative to parking. RECOMMENDATION: Staff recommends that the Planning Commission: 1) open public hearing and hear the Staff presentation; 2) take testimony from the Applicant, Appellant and the Public; 3) close the public hearing and deliberate; and, 4) adopt the Resolution (Attachment 1) affirming the Zoning Administrator approval of a Conditional Use Permit PA 04-057 for a Reduction to Required Parking for Enea Properties/Starbucks Coffee (with Site Plan included as Exhibit A, and Parking Study as Exhibit B with Focused Traffic/Parking Analysis dated April 19, 2005 included). 10 GENERAL INFORMATION: APPLICANT: Robert Enea, Enea Properties Company, LLC 190 Hartz Avenue, Suite 260, Danville 94526 PROPERTY OWNER: Village Parkway Partners, LLC 190 Hartz Avenue, Suite 260, Danville 94526 APPELLANT: Bobbi Cauchi, Cauchi Photography 7063 Village Parkway, Dublin, CA 94568 LOCATION: 7197 Village Parkway, Dublin, CA 94568 (APN 941-0210-013) GENERAL PLAN DESIGNATION: RetaiUOffice EXISTING ZONING AND LAND USE: Planned Development Zoning District, PA 98-049 G:\PA#12 00 4104-0 5 7 Enea\ PC Staff Report.doc 11 RESOLUTION NO. 05 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN AFFIRMING THE ZONING ADMINISTRATOR APPROVAL OF A CONDITIONAL USE PERMIT FOR A REDUCTION TO REQUIRED PARKING FOR ENEA PROPERTIES/STARBUCKS COFFEE AT 7197 VILLAGE PARKWAY (PA 04-057) WHEREAS, the Enea Properties Company LLC, the site property owner, has requested approval of a Conditional Use Permit to allow a reduction of eight (8) parking spaces and the relocation of five (5) parking spaces off-site from the number of parking spaces normally required fora 1,886-square-foot coffee shop, 410-square-foot outdoor seating area, and 6,653-square-foot retail center (45 spaces), pursuant to Section 8.76.050 of the Zoning Ordinance, on land located at 7197 Village Parkway (APN 941-0210-013); and WHEREAS, the application has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City Environmental Guidelines, and determined to be categorically exempt according to Section 15304, as it is a minor alteration to land consisting of a reduction in parking spaces for a business tenant within an approved infill retail commercial center, presently under construction; and WHEREAS, City Council adopted Ordinance No. 21-98 which established Planned Development District PA 98-049 on December 15, 1998, which established development standards for the project site; and WHEREAS, City Council adopted the Village Parkway Specific Plan and Initial Study/Negative Declaration on December 19, 2000, which established development standards, land uses, and goals for the Specific Plan Area; and WHEREAS, Planning Commission did hold a public hearing and approved a proposal submitted by Enea Properties Company LLC for development of a 8,539-square-foot commercial/retail center and 5,582- square-foot office building at the project site on May 11, 2004, by means of Resolution 04-40; and WHEREAS, a Parking Study has been prepared and reviewed by the City Traffic Engineer for the proposed reduction of eight (8) parking spaces and the relocation of five (5) parking spaces off-site from the number of parking spaces normally required fora 1,886-square-foot coffee shop, 410-square-foot outdoor seating area, and 6,653-square-foot retail center (45 spaces). The Parking Study states that alternative parking standards would be appropriate for the project, and a Focused Traffic/Parking Analysis was completed by George Nickelson of Omni Means, dated April 19, 2005, that supports the conclusions and recommendations of the original Parking Study; and WHEREAS, the Zoning Administrator did hold a public hearing on the Conditional Use Permit on March 14, 2005, and approved the Conditional Use Permit subject to Conditions of Approval; and ATTACHMENT 1 WHEREAS, a letter of appeal was received on March 23, 2005 from Bobbi Cauchi, pursuant to Chapter 8.136 of the Zoning Ordinance, Appeals; and WHEREAS, the Planning Commission did hold a public hearing in consideration of the Appeal on Apri126, 2005; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report, including the Focused Traffic/Parking Analysis prepared by Omni Means, was submitted to the Planning Commission recommending that the Planning Commission affirm the Zoning Administrator's approval of the Conditional Use Permit and deny the appeal; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations, and testimony hereinabove set forth, and used its independent judgment in making a decision. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Conditional Use Permit: 1. The Planning Commission relies on the Parking Study and Focused Traffic/Parking Analysis prepared pursuant to Zoning Ordinance Section 8.76.OSO.C to find that sufficient off-site parking spaces will be provided to the principal use because a maximum of nine (9) and a minimum of five (5) free, on-street parking spaces will be available along the project street frontages on Village Parkway and Amador Valley Boulevard, within 400 feet of the project site. 2. The Planning Commission relies on the Parking Study and Focused Traffic/Parking Analysis prepared pursuant to Zoning Ordinance Section 8.76.050.E to find that the required outdoor seating parking standard is excessive, and that the Conditional Use Permit project has provided an appropriate alternative parking standard to ensure that there will not be a parking deficiency and that overflow parking will not adversely impact adjacent uses because the proximity of the site to residences, bike paths, and public transportation will allow several transportation options for visitors and employees, and intemperate weather will limit the use of outdoor seating. 3. The Planning Commission relies on the Parking Study and Focused Traffic/Parking Analysis prepared pursuant to Zoning Ordinance Section 8.76.OSO.F to find that there will not be a parking deficiency in the commercial/retail center as a whole, that parking for the various uses will not conflict with each other, and that overflow parking will not adversely impact adjacent uses because, as conditioned, there will be 6 parking spaces in the parking lot with signs limiting parking to 15 minutes and because these six (6) parking spaces would be capable of allowing 24 vehicles to park an hour combined with four (4) normal parking spaces which would satisfy the total peak demand of 28 spaces an hour of the coffee shop and other commercial/retail center uses. 4. The subject site is physically suitable for the type and intensity of the development being proposed because it is located within a developed downtown area, was previously developed, and because it is located adjacent to roadways which are designed to carry traffic that would be generated by the proposed types of uses; and 5. The proposed Conditional Use Permit 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 because the project has been built according to City laws and regulations; and 6. The proposed Conditional Use Permit is consistent with the Retail/Office designation of the Dublin General Plan and the proposed development standards are permitted by said designation; and 7. The proposed Conditional Use Permit is consistent with the existing Planned Development Zoning District (PA 98-049) regulations because Eating and Drinking Uses, such as cafes, are permitted uses within the Planned Development Zoning District, and the project is consistent with the parking regulations of Zoning Ordinance Chapter 8.76, to which the Planned Development District is also subject. The proposed Conditional Use Permit is consistent with the goals and standards of the Village Parkway Specific Plan because it will provide neighborhood-serving uses and promote enhanced pedestrian access and amenities. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby affirm the Zoning Administrator approval of Conditional Use Permit PA 04-057, Enea Properties/Starbucks Coffee, for project plans, included as Exhibit A, and the Parking Study dated December 29, 2004, included as Exhibit B (with Focused Traffic/Parking Analysis prepared by George Nickelson of Omni Means, dated April 19, 2005, included), and does deny the appeal, subject to the following Conditions of Approval: CONDITIONS OF APPROVAL Unless stated otherwise all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Department of Community Development review and approval The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval• [ADM] Administration/ City Attorney [B] Building Division of the Community Development Department [DSR] Dublin San Ramon Services District fFl Alameda County Fire Department/City of Dublin Fire Prevention [FIN] Finance Department, fPLI Planning Division of the Community Development Department [POLPolice [PW] Public works Department. NO. CONDITION TEXT RESPON. WHEN SOURCE? AGENCY/ REQ.? DEPART. GENERAL CONDITIONS 1. Approval. This Conditional Use Permit approval for the Starbucks, PL Ongoing Standard Inc., PA 04-057, establishes the parking requirements for the 1,886- square-foot coffee shop and 410-square-foot outdoor seating area at the Enea Commercial Center, 7197 Village Parkway. Conditions of Approval contained herein shall not be construed as superseding Conditions of Approval established with Planning Commission approval of PA 03-069. Development pursuant to this Conditional Use Permit is conditioned upon the requirement that the development be consistent with the approved Site Development Review (PA 03-069), the Planned Development (PD) Zoning District, including the Land Use and Development Plan, and the related General Provisions, and Standards and Conditions, and shall generally conform to the Site Plan prepared by William Wood Architects, dated received November 1, 2004, by the City of Dublin Community Development Department, unless modified by the Conditions of Approval contained herein. 2. Term. Pursuant to Section 8.96.020.D., approval of the Conditional PL On-going Z.O. Use Permit shall be valid for one year from effective date. If construction has not commenced b that time or extended er the NO. CONDITION TEXT RESPON. WHEN SOURCE? AGENCY/ REQ.? DEPART. following means, this approval shall be null and void. The approval period for the Conditional Use Permit maybe extended six (6) additional months by the Director of Community Development upon determination that the Conditions of Approval remain adequate to assure that the above stated findings will continue to be met. Applicant/ Developer must submit a written request for the extension prior to the expiration date of the Conditional Use Permit.. 3. Revocation. The Conditional Use Permit will be revocable for PL On-going Z.O. cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation, and ifnon-compliance continues, potential revocation. 4. Fees. Applicant/Developer shall pay all applicable fees in effect at FIN Prior to Municipal the time of building permit issuance, including, but not limited to: issuance of Code Planning fees; Building fees; Dublin San Ramon Services District Building fees; Public Facilities fees; Dublin Unified School District School Permits Impact fees; Public Works Traffic fees; City of Dublin Fire Services fees; Noise Mitigation fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Development Agreement. Unissued building permits subsequent to new or revised TIF's shall be subject to recalculation and assessment of the fair share of the new or revised fees. If the Development Agreement approved for this project conflicts with this condition, the Development Agreement shall prevail. 5. Required Permits. Applicant/Developer shall obtain all necessary PL, PW, B Prior to Standard applicable permits required by other agencies including, but not issuance of limited to, Alameda County Public Works, Alameda County Flood Building Control District (Zone 7); California Department of Fish and Permits Game; Army Corps of Engineers; and State Water Quality Control Board, and shall submit copies of the permits to the Department of Public Works. Applicant/Developer shall also apply, pay all required fees and obtain permits from PG&E for power service connection required to energize traffic signals and streetlights. (, Hold Harmless/Indemnification. Applicant/Developer, and any Applicant On-going Standard parties or individuals granted rights-of--entry by Applicant/ Developer, shall defend, indemnify, and hold 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 (a) to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Director of Community Development, Zoning Administrator, or any other department, committee, or agency of the City concerning a subdivision or other development which actions are brought within the time period provided for in Government Code Section 66499.37 and (b) holdin the Cit liable for an dama es or wa es in connection NO. CONDITION TEXT RESPON. WHEN SOURCE? AGENCY/ REQ.? DEPART. with the construction; provided, however, that the Applicant/ Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full actions or proceedings. 7_ Clarifications and Changes to the Conditions. In the event that PL, PW On-going Standard there needs to be clarification to these conditions of approval, the Directors of Community Development and Public Works have the authority to clarify the intent of these conditions of approval to the Applicant/Developer by a written document signed by the Director of Community Development and the City Engineer and placed in the project file. The before-mentioned authority also may make minor modifications to these conditions in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts to this project. PARKING STUDY S. Time-Limited Reserved Parking. The Applicant/Developer shall PL, PW Prior to Parking reserve 5 of the parking spaces as time-limited parking. These issuance of Study spaces should be located closest to the coffee shop and should be Building posted with the following information: "15 Minute Parking Limit. Permits Towing Enforced." Signs shall include City of Dublin Municipal Code citation that allows towing of illegally parked vehicles. In addition, the Applicant/Developer shall reserve 1 additional parking space as time-limited parking to off-set the potential increased parking demand associated with Wi-Fi Internet access. This space should be located closest to the coffee shop and should be posted with the following information: "15 Minute Parking Limit. Towing Enforced." Sign shall include City of Dublin Municipal Code citation that allows towing of illegally parked vehicles. Time limited parking spaces for the project shall total 6 spaces for the shopping center to allow 24 vehicles to park per hour in time- limited spaces. 9. Travel Options. The Applicant/Developer shall ensure that the PL, PW Prior to Parking coffee shop tenant provide information on the availability of travel issuance of Study options to visitors and employees on an on-going basis. BART and Building the Wheels and Alameda County Connection bus services, as well Permits as the 511 telephone and Internet service (www.511.orQ), shall be resources for information and promotional materials. 10. Patio Seating. The Applicant/Developer shall apply for and obtain PL, PW On-going Parking a Conditional Use Permit for additional parking reductions Study pursuant to Section 8.76.050 of the Zoning Ordinance should the plaza area be covered by a permanent roof and available for seating (not a part of this approval). NO. CONDITION TEXT RESPON. WHEN SOURCE? AGENCY/ REQ.? DEPART. 11. Grand Opening. The Applicant/Developer shall be required to PL, PW Prior to Parking provide auxiliary parking and proper signage for the first two issuance of Study weeks of operation of the coffee shop due to increased traffic Building caused by the business' grand opening. Permits 12. Loading Space. The Applicant/Developer shall identify the PL On-going Z.O. location of a 10-foot by 20-foot loading space on the site plan of the project site in addition to the 32 parking spaces provided in the parking lot. The location of the loading space shall be subject to the review and approval of the Community Development Director and the Public Works Director. PASSED, APPROVED AND ADOPTED this 26th day of April, 2005. 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Starbucks 7197 Village Parkway Parking Study Prepared by the City of Dublin Community Development Department, and Approved by the City of Dublin Public Works Department December 29, 2004 ~~~'~~-~ Starbucks 7197 Village Parkway Parking Analysis Introduction: PA 04-057 The proposed project requests a reduction in the required parking spaces for a proposed 1,886- square-foot coffee shop (Starbucks) within a new 8,528-square-foot shopping center by a total of 13 parking spaces. The coffee shop would provide seating for 30 persons and outdoor seating for 16 persons. Under Section 8.76.080 of the Dublin Zoning Ordinance, the number of parking spaces required by the gross square footage of all of the individual uses within the shopping center totals 45 spaces, as shown in Table 1, below. The proposed reduction of 13 spaces is reviewed in this analysis. Table 1., Required Parking Pursuant to Zoning Ordinance Section 8.76.080 Use Area (sq.ft.) Parking Requirement Required Parking s aces Parking Provided Coffee Shop 1,886 1 space/100 sq. ft. 19 (shared) Outdoor Seating (410) 1 space/100 sq. ft. 4 (shared) Remaining Retail 6,642 1 space/300 sq. ft. 22 (shared) Total 8,528 45 32 spaces -13 s aces Zoning Ordinance Provisions for Parking Reductions: Pursuant to Sections 8.76.050.C, 8.76.050.E, and 8.76.050.F, the number of parking spaces required by the Zoning Ordinance may be reduced when ofF-site parking is available to satisfy the required parking under the Zoning Ordinance, when the parking requirement is deemed excessive, and when a shared parking condition is present. In the latter two cases, a traffic study must be prepared by a qualified traffic engineer or consultant. The following evidence must be provided: An analysis of the availability of off-site parking spaces showing that the most distant parking space is not more than 400 feet from the commercial use, that the off-site parking spaces are not located in a residential zone or vehicle access area, and that any necessary agreements are executed to assure that the off-site parking spaces are provided to the principal use (Section 8.76.050.C). An analysis of the parking demands of the proposed use and the parking demands of similar uses in similar situations, to demonstrate how the required parking standard is excessive, and an alternative parking standard to ensure that there will not be a parking deficiency and that overflow parking will not adversely impact adjacent uses (Section 8.76.050.E). Page 2 Starbucks 7197 Village Parkway PA 04-057 An analysis of how a sufficient number of parking spaces is provided to meet the greatest parking demands of the participating use types in a shared parking situation to ensure that there will not be a parking deficiency, that parking for the various uses will not conflict with each other, and that overflow parking will not adversely impact adjacent uses (Section 8.76.050.F). Shared Parking: The Enea Village Shopping Center is currently under construction. When it is completed, it will be characterized by small tenants providing basic retail services, such as personal services, clothing, or other retail uses, as allowed in the Planned Development regulations. These uses will represent 49% of the parking demand of the shopping center (22 of the 45 required spaces under the Zoning Ordinance). The proposed coffee shop use would be 51% of parking demand. As the coffee shop would be the only eating and drinking establishment in the shopping center, it can be expected that the customers will visit more than one tenant space. A significant number of customer visits would be expected to come from within the shopping center, as the different uses are comp{ementary to each other. This relationship characterizes a shared parking condition. Shared Parking_Yearly Parking Demand The Dimensions of Parking Report, published by the Urban Land Institute and National Parking Association (included as Appendix A), calculated the effect of shared parking on eating and drinking uses and retail uses. According to the report, parking demand varies from month to month throughout the year. The parking demand for retail uses is 65% -75% of peak demand during 10 months of the year. The parking demand for restaurant uses is 50% -90% of peak demand for 9 months of the year. The busiest month is December when retail uses operate at 100% of peak parking demand and restaurant uses operate at 90% of peak parking demand. As such, by the most conservative estimation, there is still a 10% efficiency in shared parking associated with eating and drinking uses during peak parking demand. A 10% reduction in required parking for the coffee shop would result in a total of 43 remaining required parking spaces, leaving a deficit of 11 parking spaces for all of the uses within the shopping center. Daily Parkinq Demand Fluctuations in parking demand throughout the day among the different uses in the shopping center are also reviewed in this study. Based on information provided by Mr. Bill Robards, Vice President of Starbucks Coffee Company (Appendix H), the typical peak hours of operation are 6 a.m. to 9 a.m. and 50% of the coffee company's business occurs before 11 a.m. on weekdays. An informal survey of area Starbucks locations in Dublin and Pleasanton conducted by City Staff on Friday, November 5, 2004, confirmed the information provided by Mr. Robards. The three locations reported their busiest times between 6:30 and 11 a.m. (one location extended these peak times to 12 p.m. on Saturdays). The locations contacted also described a second, less Page 3 Starbucks PA 04-057 7197 Village Parkway busy period between 6 p.m. and 9 p.m. during the weekends, and one location reported a third, less busy period from 3 p.m. to 4:30 p.m. during the week. These results are shown on the attached Appendix B. The Dimensions of Parking Report, referenced above, calculated the effect of shared parking on eating and drinking uses and retail uses throughout the day. According to the report, parking demand varies from hour to hour for each type of business. The peak parking demand for retail uses is typically from 11 a.m. to 5 p.m.l during the week. The peak parking demand for retail is 12 p.m. to 5 p.m. during the weekends. As shown in Appendices C and D, the peak parking demands of the proposed coffee shop could coincide with the peak parking demands of the retail uses during the hours of 10 a.m. to 12 p.m. during the week and weekends. The following section focuses on the peak parking demand period of 10 a.m. to 12 p.m. when the parking demand for the coffee shop and retail uses are most likely to coincide. Focused Analysis: In Table 2. below, the information provided in the Dimensions Report and the information provided by the Starbucks Coffee Company are combined with a parking study of a typical Starbucks coffee shop prepared by Aztec Engineering Group for a similar project.Z The Aztec Engineering report provided vehicle trips information for a typical Starbucks location on a weekday. This information was used to estimate weekday parking demand on an hourly basis for the proposed Starbucks coffee shop. The Aztec Engineering Study is included in the information attached as Appendix I. First, Table 2 calculates excess parking that would be unneeded by retail uses at certain times of the day if the maximum Zoning Ordinance parking requirements were implemented. According to the Dimensions Report,. retail businesses require fewer parking spaces than required under the Dublin Zoning Ordinance (3.3 per 1,000 square feet) between the hours of 6 a.m. and 11 a.m. (ranging from .3 spaces to 2.6 spaces per 1,000 square feet) and during the evening hours after 5 p.m. (ranging from 3 spaces to .5 spaces per 1,000 square feet) during the workweek. Similarly, during the weekend, retail uses require fewer parking spaces between 7 a.m. to 12 p.m. (ranging from .1 spaces to 2.9 spaces per 1,000 square feet) and after 6 p.m. (ranging from 2.6 to .5 spaces per 1,000 square feet), as shown in Appendix F. 'According to the Dimensions Report, retail uses also experience a peak from 7 to 9 p.m. during the weekdays. However, the property owner does not expect the tenants of these spaces to be open after 6 p.m due to the small size of the tenant spaces and the neighborhood commercial character of the surrounding area. Larger Retail businesses in large shopping centers would typically generate peak trips in the evening. z The Aztec Engineering report for a typical Starbucks location (455 Fair Oaks) was applied to the analysis of a 1,00-square-foot Starbucks restaurant within a 7,038-square-foot shopping center in South Pasadena (1318 Huntington). The report studied seating of 17 interior seats and 18 exterior seats. Trips are increased in this report by 26% for subject project's increase in building size and seating. Page 4 Starbucks 7197 Village Parkway PA 04-057 Lastly, Table 2 compares the available parking (parking that would not be .needed by the retail uses) with the hourly parking demand based on the Aztec Engineering TrafFc Study. As shown below, the peak parking demand for the proposed coffee shop would coincide with peak parking demand for retail uses in the shopping center for one hour during the weekday, from 10 a.m. to 11 a.m. The shopping center would experience a maximum potential parking deficit of 13 spaces between 10:00 a.m. and 11 a.m. on weekdays.3 On Saturdays, this peak period of time and potential parking deficit would be expected to fast until 12 p.m. based on City StafF's survey of area Starbucks. Table 2., Weekday Parking Demand and Excess Parking By Hour Starting Time Retail Parking Demand (per 1,000 s .ft. Zoning Required Parking (per 1,000 s .ft. Excess Parking for 6,642 square foot retail space Parking Available for Starbucks (spaces) Starbucks Max. Hourly Parking Demand s aces Parking Surplus (Deficit) " 6 a.m. - 3.33 3.3 (22 spaces) 32 28 2 7 a.m. .3 3.33 3.03 (20 spaces) 30 28 2 8 a.m. .7 3.33 2.63 (17 spaces) 27 28 (1) 9 a.m. 1.6 3.33 1.73 (12 spaces) 22 28 (6) 10 a.m. 2.6 3.33 .73 (5 spaces) 15 "' 28 (13) 11 a.m. 3.3 n/a n/a 10 14 f (4) 12 p.m. 3.7 n/a n/a 10 14 (4) 1 p.m. 3.8 n/a n/a 10 14 (4) 2 p.m. 3.7 n/a n/a 10 14 (4) 3 p.m. 3.6 n/a n/a 10 14 , (4) 4 p.m. 3.3 n/a n/a 10 17 (7) 5 p.m. 3.0 3.33 .33 (2 spaces) 12 17 {5) 6 p.m. 3.1 3.33 Z3 (2 spaces) 12 17 (5) 7 p.m. 3.4 n/a n/a 10 15 (5) 8 p.m. 3.3 n/a n/a 10 14 (4) 9 p.m. 2.3 3.33 1.03 (7 spaces) 17 14 3 10 p.m. , 1.2 3.33 2.13 (14 spaces) 24 14 10 li p.m. .5 3.33 2.83 (19 spaces) 29 14 15 12 p.m. - 3.33 3.3 (22 spaces) 32 14 18 s As this comparison uses actual trip information provided by Aztec Engineering Group, the estimated 10% reduction for monthly fluctuations in parking demand is not included in the Table 2 calculations. Page 5 Starbucks PA 04-057 7197 Village Parkway A shared parking pion for the proposed project must ensure that potential parking conflicts do not impact the tenants of the new shopping center or adjacent properties during the maximum parking demand periods of 10 to 11 a.m. on weekdays and 10 a.m. to 12 p.m. on weekends. To satisfy the maximum hourly parking demand of the shopping center, which this study estimates to be 45 spaces (13 spaces greater than the total available on-site parking of 32 spaces), the following mitigation measure is recommended: The project should reserve 5 of the parking spaces as time-limited parking. These spaces should be located closest to the coffee shop and should be posted with the following information: °15 Minute Parking Limit. Towing Enforced." Signs shall include City of Dublin Municipal Code citation that allows towing of illegally parked vehicles. These 5 spaces with time limit restrictions would be able to safely accommodate 20 vehicles per hour. In addition to the measures described below, the 5time-limited spaces combined with the remaining 27 regular parking spaces would effectively manage the shared parking demands of the shopping center. Off-site Parking: When the construction of the new shopping center is completed, there will be 10 curbside parking spaces along the Village Parkway and Amador Valley Boulevard frontages of the proposed coffee shop. No contractual agreement is necessary to make these spaces available to visitors of the coffee shop for the life of the project. These spaces will be free to the public as they are not metered, and they will be within 50 feet of the coffee shop. By the most conservative estimation, 50% of the on-street parking spaces would be available to visitors to the Enea shopping center at all times. Therefore, this study recommends that 5 off-site, curbside parking spaces would satisfy the requirements of Section 8.76.050.C of the Dublin Zoning Ordinance for supplementing on-site parking. Transit Pedestrians, and Bicycles: The proposed project is within 1,000 feet of approximately 215 homes in the adjacent neighborhoods. This distance would require a 10 to 20 minute walk along public sidewalks through residential neighborhoods to travel to the proposed coffee shop. Several bus lines serve the site. Dublin Wheels Regional Bus Service Routes 3 and 3E provide service every 30 minutes from BART, schools, and the surrounding neighborhoods to the project area and back, from 5:44 a.m, to 8:42 p.m. Wheels Route 10 provides service every 30 minutes to Dublin Boulevard and Village Parkway (approximately ~/a mile) from BART and Stoneridge Mall, from 5 a.m. - 10:30 p.m. Page 6 Starbucks PA 04-057 7197 Village Parkway Alameda County Connection Bus Service, Route 121, provides service every 25 to 45 minutes from BART to the project area and from Contra Costa County and Alcosta Boulevard to the project area from 5 a.m. to 9:50 p.m. Lastly, the new shopping center will provide bicycle racks for a total of 10 bikes. Two Class 2 bike paths run along Village Parkway and Amador Valley Boulevard. This study recommends that the coffee shop tenant provide information on the availability of travel options to visitors and employees on an on-going basis. BART and the Wheels and Alameda County Connection bus services, as well as the 511 telephone and Internet service (www.511.ora), would be good resources for information and promotional materials. Students One Starbucks business surveyed by City Staff reported a busy period between 3 p.m. and 4:30 p.m. during which time local students frequented the coffee shop. As the subject project would be located near Dublin High School and Wells Middle School, a similar phenomenon is expected to occur. This time period is also a busy time for most retail businesses. Car ownership for students is limited to a minority of students in the upper grades. Dublin High School currently has 1,300 students with 250 parking passes and an unknown number of students who park in the surrounding neighborhoods. If these unknown students totaled as -high as 50, then as many as 23% of the high school student population would have access to a car. However, the high school is .6 miles from the site. No parking conflict is expected for the coffee shop and the retail tenants in the period of time after school ends as students would likely walk, bicycle, or carpool together. Outdoor Seating: The proposed coffee shop would provide 16 outdoor seats at 4 to 5 tables in an area that is approximately 410 square feet. The City of Dublin parking requirement of 1 parking space for every 100 square feet of floor area is the same for both interior and exterior seating areas. Under this standard, 4 parking spaces would be required for the exterior area. The following provides an analysis of an alternative parking standard of 1 space for every 200 square feet of outdoor floor area. Outdoor seating is usually not available during inclement weather, such as very cold, stormy or hot days. During those times, there would be no additional seating capacity for the proposed use, requiring no additional parking. Inclement weather most frequently occurs in the summer, fate fall, and winter, November to March and July to August. Visitors would be most likely to use outdoor seating in the spring and early fall. Page 7 Starbucks PA 04-057 7197 Village Parkway According to the Dimensions in Parking Report (Appendix A), these are the times of year when retail uses are operating at 70% - 75% of peak parking demand. Of the 22 parking spaces available to the retail uses in the shopping center, a minimum of 5 of those spaces would be unneeded and available to the proposed coffee shop. According to Parking Standards• PAS Report Number 510/511, published by the American Planning Association (Appendix G), the typical minimum parking requirement for outdoor cafe seating is 1 space for every 200 square feet of area. This study recommends that an alternative parking standard of 1 space for every 200 square feet of outdoor floor area is adequate due to the seasonal. nature of outdoor seating to ensure that the parking demand generated by the outdoor seating would not overtlow to adjacent properties and cause adverse impacts. The alternative parking requirement would total 2 parking spaces. Wi-Fi Internet Access: Starbucks has indicated that it would like to offer Wi-Fi Internet access to its customers. Wi-Fi is wireless Internet access which allows groups of people to connect lap top computers, cell phones and other electronics to the Internet at the same time without cables. The availability of Internet access could encourage visitors to complete business and school activities at the proposed coffee shop, thus decreasing the rate of parking space turnover in the parking lot and increasing parking demand. The project should reserve 1 additional parking space as time-limited parking to off-set the potential increased parking demand associated with Wi-Fi Internet access. This space should be located closest to the coffee shop and should be posted with the following information: `~15 Minute Parking Limit. Towing Enforced." Sign shall include City of Dublin Municipal Code citation that allows towing of illegally parked vehicles. This 1 space with time limit restrictions would be able to safely accommodate 4 vehicles per hour. Time-limited parking spaces for the project would total of 6 spaces, which would be capable of allowing 24 vehicles to park an hour. Grand Opening: Due to its location at the corner of a prominent intersection in Dublin and the recognition of the particular coffee shop brand, the grand opening of the project business could create increased parking demand for the first one to two weeks. After that time, parking is expected to be more typical as visitors become more familiar with the site. The shopping center is adjacent to an undeveloped parcel. Part of this undeveloped parcel will serve as the construction and materials yard during the building of the shopping center. Space would be available :after construction is completed to provide unfinished, auxiliary parking during the first two weeks of the grand opening of the Starbucks location. In addition, many of the adjacent retail spaces may not be open for business during the first one to two weeks of Starbuck's grand opening, making excess parking available. Auxiliary parking would ensure that increased parking Page 8 Starbucks 7197 Village Parkway PA 04-057 demand during the grand opening would not impact adjacent businesses or traffic along adjacent roadways. This study recommends that the coffee shop be required to provide auxiliary parking and proper signage for the first two weeks of operation. Conclusion and Recommendations: This study concludes that the proposed project would generate significant visitors to the Village Parkway area due to its prominent location, brand name recognition, and the attractiveness of the new building's design. The shared parking condition of the shopping center and the availability of free, on-street parking would supplement the parking provided on-site during the busiest times of the day. In addition, the proximity of the project site to residential neighborhoods, schools, bike paths, and public transportation would allow several transportation options for visitors and employees. Concurrent with the recommendations listed below, this study supports an alternative parking requirement to that of the Dublin Zoning Ordinance that takes into consideration all of these factors. To summarize the recommendations made in this study, the following measures are recommended to ensure that the project causes no adverse impacts on retail tenants in the shopping center or adjacent property owners: 1. The project should reserve 5 of the parking spaces as time-limited parking. These spaces should be located closest to the coffee shop and should be posted with the following information: 15 Minute Parking Limit. Towing Enforced." Signs shall include City of Dublin Munici"al Code citation that allows towin of ille all arked vehicles. These 5 p 9 9 YP parking spaces with time limit restrictions would be able to safely accommodate 20 vehicles per hour. 2. This study recommends that the coffee shop tenant provide information on the availability of travel options to visitors and employees on an on-going basis. BART and the Wheels and Alameda County Connection bus services, as well as the 511 telephone and Internet service (www.511.org), would be good resources for information and promotional materials. 3. This study recommends that an alternative parking standard of 1 space for every 200 square feet of outdoor floor area is adequate due to the seasonal nature of outdoor seating to ensure that the parking demand generated by the outdoor seating would not overflow to adjacent properties and cause adverse impacts. The alternative parking requirement would total 2 parking spaces. 4. The project should reserve 1 additional parking space as. time-limited parking to off-set the potential increased parking demand associated with Wi-Fi Internet access. This space should be located closest to the .coffee shop and should be posted with the following information: "15 Minute Parking Limit. Towing Enforced." Sign shall include City of Dublin Municipal Code citation that allows towing of illegally parked vehicles. This 1 space with time limit restrictions would be able to safely accommodate an additional 3 vehicles per Page 9 Starbucks 7197 Village Parkway PA 04-057 hour. Time-limited parking spaces for the project would total of 6 spaces, which would be capable of allowing 24 vehicles to park an hour. 5. This study recommends that the coffee shop be required to provide auxiliary parking and proper signage for the first two weeks of operation due to increased traffic caused by the business' grand opening. Table 3, as follows, summarizes the alternative parking standard and the recommended mitigation measures. Table 3., Proposed Alternative Parking Standard Use Area Zoning Table 2 Mitigation Proposed Parking - (sq.ft.) Ordinance Maximum Measures Required Provided Required Demand Parking (spaces) Parking (spaces} (spaces} s aces Coffee 1,886 19 8 6time-limited 13 8 on-site Sho parking spaces 5 off-site Outdoor (410) 4 (24 vehicles) 2 2 on-site Seating 2 regular spaces ^ 5 off-site spaces ' alternative parking standard of 2 spaces .Total Measures: 15 spaces would manage max. demand of 33 vehicles~er hour Retail 6,642 22 17 No Mitigation 22 22 on-site Measures - 22 regular spaces Total 8,528 45 45 37 37 Approve "" Ray Kuzb ri, City of D lin Traffic Engineer Page 10 ~9 E N G? N P E 2 S ~? C A N N E R S April 19, 2005 Mr. Ray Kuzbari Senior Traffic Engineer City of Dublin 100 Civic Plaza Dublin, CA 94568 Subject: Focused Traffic/Parking Analysis for a Proposed RetaiUStarbucks Development on Village Parkway in the City of Dublin. Dear Mr. Kuzbari, This letter report summarizes an analysis of the traffic and parking conditions for the proposed RetaiUStarbucks Enea Village development at 7197 Village Parkway in the City of Dublin. The analysis involved surveys of traffic and parking conditions and an evaluation of the effects of the project on those conditions. 1. PROJECT DESCRIPTION The focus of this analysis is the traffic generation and parking conditions resulting from the 8,539 square foot retail building which would include an 1,886 square foot Starbucks coffee store and 6,653 square feet of retail use. (The overall development would also eventually include a 5,582 square foot office building with separate parking). The project is located on the southeast corner of the Village Parkway/Amador Valley Boulevard intersection (see Figure 1). The area's land uses are a mix of commercial and residential development, with primarily retail/commercial land uses along Village Parkway and Amador Valley Blvd. west of the intersection. The area east of the project site is residential. 2. EXISTING TRAFFIC CONDITIONS Traffic flows have been established from A.M. peak period intersection counts conducted at the Village Pkwy./Amador Valley Blvd. intersectional) Based on the volumes, the intersection is operating at level of service (LOS) `A' (v/c ratio 0.58) during the A.M. peak hour. The calculation indicates that the A.M. peak hour traffic conditions are stable with little delays overall. The average number of vehicles queued at each approach during the red (stopped) phase of the signal cycle were noted. The eastbound left/through queues averaged 6-8 vehicles; the westbound left/through queues averaged 6-7 vehicles; the southbound left/through queues averaged 7-8 vehicles; and the northbound left/through queues averaged 3 vehicles. Field observations noted that volumes and vehicle queues at some approaches increase temporarily between 7:45-8:15 a.m. due to school-related trips. (Average eastbound left/through queues of 6-8 vehicles increase to 12-13 vehicles; average southbound leftJthrough queues of 7-8 vehicles increase to 14-15 vehicles.) However, the intersection continues to operate efficiently and the queued vehicles clear the intersection during each signal cycle. i 90 i C~I~/rr;pic 3oulev~urd, Suite i 20 9 ',n/c~!nut ~ reek, CA 94590 • (925) 935-2230 fax, ,925) 935-2247 ROSF`JIi_~F BEDDING V!SHUn. WALNUT CREEK Project Site Location Map Noy, o~~~~means figure 1 3. PROJECT TRAFFIC AND PARKING EFFECTS a. Trip Generation and Distribution Surveys identifying the number of vehicle trips were conducted at three existing nearby Starbucks locations by Omni-Means Engineers and Planners.~2~ These included a 2,425 square foot Starbucks with 51 seats (all interior) located at 7904 Dublin Blvd. (at Regional St.). A 2,046 square foot Starbucks with 21 interior and 34 exterior seats located at 4930 Dublin Blvd. in the Hacienda Crossings Shopping Center. And a 1,560 square foot location with 37 interior seats and 12 exterior seats located at 9150 Alcosta Blvd., San Ramon, in the Country Club Village Shopping Center. The locations were chosen based on their proximity to the project site and as being representative of the proposed Starbucks use. Starbucks' peak customer demand occurs in the mornings. In order to determine the project's peak hour of trip generation, the number of vehicle trips in and out of each location were counted from 6:00-10:00 a.m. The peak hourly in/out trips for each location were then averaged, deriving a trip rate of 101 trips per 1,000 sq. ft. of building space. Applying the trip rate to the proposed Starbucks of 1;886 square feet with 30 interior and 16 exterior seats results in 190 total trips, comprised of 95 inbound trips and 95 outbound trips. (For comparison, a trip rate based on the number of seats was also calculated, resulting in 178 total trips. In order to remain conservative, the higher trip rate based on square footage, was used for this study.) Of the 190 total peak hour trips, a large percentage would actually consist of "pass-by" trips. Pass-by trips are not new vehicle trips to the street network, but reflect customers who are already traveling on the street for another purpose {for example, in route to work or school) and stop at the Starbucks. Pass-by trips are accounted for at the project driveways, but since they are already on the street, they do not add extra trips to the intersection. In a previous study for a Starbucks in Orinda, CA conducted by Abrams Associates, the pass-by trip rate was documented to be 70% of the total trips.~3} (The Institute of Transportation Engineers (ITE) has also documented pass-by trip rates. The published pass-by trip rate for a facility this small is closer to 80%.) Using the lower {more conservative) 70% pass-by rate results in 132 (66 in, 66 out) pass-by trips and 58 (29 in, 29 out) actual new trips created by the Starbucks. Trip generation for the remaining 6,653 square foot retail space was derived from ITE published trip rates for retail centers.~4~ The retail space was calculated to generate 31 (19 in, 12out) total trips. A portion of these would also be pass-by trips. Using ITE data derived for retail space of this size results in 35% of the total trips being pass-by trips. This results in 11 (7 in, 4 out) pass-by trips and 20 (12 in, 8 out) net new trips during the A.M. peak hour. The combined Retail/Starbucks project results in 221 (114 in, 107 out) total A.M. peak hour trips, comprised of 143 (73 in, 70 out) pass-by trips and 78 (41 in, 37 out) net new trips. The trip generation is summarized in Table 1. Traffrc & Parking Analysis For Retail/Starbucks Page 3 TABLE 1 A.M. Peak Hour Traffic Generation for RetaiUStarbucks Project Project Component A.M. Trip Rate A.M. Trips 1,886 sq. ft. Starbucks 6,653 sq. ft. Retail 101 trips/1,000 sq. ft.~A~ (50% in, 50% out)~2~ 4.67 trips/1,000 sq. ft.~B~ (61% in, 39% out) Combined RetaiUStarbucks Trips{~ _ 190 (95 in, 95 out, Total 132 (66 in, 66 out) Pass-By 58 (29 in, 29 out) Net New 3_(19 in, 12 out) Total 11 (7 in, 4, out) Pass-By 20 (12 in, 8 out) Net New 221 (114 in, 107 out) Total 143 (73 in, 70 out) Pass-By 78 (41 in , 37 out) Net New (A) Omni-Means Engineers & Planners, derived from trip counts at 3 area Starbucks, Apri147, 2005. {B) ITE, Trip Generation, 7"' Edition, 2003. (C) Net new trips reflect 70% pass-by for the Starbucks and 35% pass-by for the retail. The project trips were distributed onto the street network based on several factors. These included the project access points, surrounding locations of trip generating sources, and proximity of other Starbucks locations. It is estimated that about 35% of the project's traffic would be to/from the east on Amador Valley Boulevard, 20% to/from the west on Amador Valley Boulevard, 30% to/from the north on Village Parkway, and 15% to/from the south on Village Parkway. (Intersection and project driveway volumes are shown in Figure 2.) The distribution also accounted for possible U-turns. Primarily, westbound Amador Valley Blvd. inbound trips would make U-turns at Village Parkway to access the Amador Valley driveway, and outbound Village Parkway driveway vehicles wishing to go south would make U-turns at Amador Valley Boulevard. Exiting vehicles could also make U- turns from eastbound Amador Valley Blvd. to westbound Amador Valley Blvd. at the Village Square Center driveway intersection just east of the project site. b. Intersection Operation With the project trips added to existing volumes, the Village Pkwy./Amador Valley Blvd. intersection would remain at LOS `A' (v/c = 0.58). {The LOS are listed in Table 2 and calculation worksheets are attached.) A comparison of the existing vehicle queues to those with the added project traffic indicates that the average southbound, northbound, and westbound left-turn queues would increase by one vehicle, and the average northbound through queue would increase by one vehicle. The intersection would Traffic & Parking Analysis For Retail/Starbucks Page 4 continue to operate efficiently. The short vehicle queues (average 4 vehicles} for the northbound Village Pkwy. approach to Amador Valley Blvd. would provide adequate clearance for vehicles to exit the Village Prkwy. driveway and access the northbound left- turn lane. For vehicles exiting the Amador Valley Blvd. driveway, the eastbound Amador Valley Blvd. approach volumes are low enough (approximately 520 cars) and the signal phasing provides numerous gaps in the eastbound traffic. These factors would allow adequate gaps for outbound vehicles to access the left-turn lane pocket at the Village Square Center driveway east of the project site. c. Traffic Conditions With Site Buildout Future Buildout of the project site could include development of a 5,582 square foot office building. The intersection operating conditions were also analyzed accounting for trips from the office. Using ITE trip rates for office buildings, the 5,582 square foot building was calculated to generate 19 (17 in, 2 out) A.M. peak hour trips. (The site Buildout project volumes are shown in Figure 2A.) The Village Pkwy./Amador Valley Blvd. intersection would continue to operate at LOS `A' with the addition of the office trips. This level of service indicates the intersection would continue to operate efficiently. TABLE 2 A.M. Peak Hour Level of Service at Village Pkwy./Amador Valley Blvd. Intersection Existing Plus Existin Retail & Starbucks LOS V/C LOS V/C A 0.58 A 0.58 Existing Plus Retail, Starbucks, & Office LOS V/C A 0.58 Traffic & Parking Analysis For Retail/Starbucks Page 5 ~rn~ r cJ' Cfl M N r- ~ ~ ~ t 103 (105) M N r '- 438 (426) ~ j ~ ~ 139 (172) AMADOR VALLEY BLVD. (342) 354 s ~ T ~ ~- [92] (288) 268 ~ ~ ~ M ~ (78) 78 ~ ~ N .--..~-. N~1~ N ~ M r r ...~ PROJECT SITE ~ [83] r' N N d W C7 g NOT TO SCALE A.M. Peak Hour Existing and Existing+Project 4 g ~ Intersection Volumes, N with Projec Volumes ] at Driveways orth o~r~o~means figure 2 d. Parking Needs The proposed retaiUStarbucks building parking supply would consist of 32 onsite spaces. The Dublin zoning ordinance results in 45 required spaces when the retail ("neighborhood retail") and Starbucks store ("convenience eating and drinking establishment") are treated separately and added together. Sometimes, however, the mix of businesses within a development may generate peak parking demands at different times of the day (termed a "shared parking" condition). In this case, the peak Starbucks demand occurs in the morning when retail parking demand is generally lower. In order to identify the overall parking demand in the morning, a shared parking analysis was conducted. This consisted of establishing the Starbucks and the retail area parking demands separately at different times throughout the morning, then adding them together for a total demand. The Starbucks parking demand was determined by conducting morning parking surveys at the existing Starbucks locations previously mentioned.~s~ The surveys were conducted between 6:00-10:00 a.m., with the number of occupied spaces tabulated at each half hour. From the occupancy numbers surveyed at each location, an average parking demand rate per 1,000 square feet of building space was calculated for each half-hour. This rate was then applied to the proposed 1,886 square foot Starbucks to obtain the parking demand at each half hour as shown in Table 3. The 1,886 square foot Starbucks parking demand rises to a peak of 27 vehicles at 9:30 a.m. The morning retail space demand was determined by applying the Dublin Zoning Ordinance requirement of 1 space per 300 square feet (3.33 spaces per 1,000 sq. ft.), which equates to 22 spaces. The ordinance is formulated to address the peak parking demand which typically occurs in the afternoon. Published data from the Urban Land Institute (ULI) shows that average mid-week parking demand for retail stores peaks around 1:00 p.m. The subsequently lower demands earlier in the morning have been identified by ULI as a percentage of the maximum demand.~6~ Applying these percentages to the 22 space peak retail demand results in parking demands at each half- hour as listed in Table 3. The sum of the Starbucks and retail shared demands are also shown in Table 3. Based on the calculations, the parking supply would accommodate the expected demand until about 9:30 a.m., when a peak demand for 39 spaces would exceed the on-site parking supply of 32 spaces. After 9:30 a.m., overall parking demand declines but still exceeds the supply. By 10:30 a.m., the onsite parking supply would accommodate the shared Starbucks and retail demand (based on an extended survey period at the existing 7904 Dublin Blvd. Starbucks). Traffic & Parking Analysis For Retail/Starbucks Page 8 TABLE 3 Weekday Shared Parking Demand For Starbucks & Retail Space Time Starbucks Demand~a~ Retail Demand~b~ Total Demand Parking Su ly Surplus / Deficit 6:00 a.m. 4 0 4 32 + 28 6:30 a.m. 9 1 10 32 + 22 7:00 a.m. 13 2 15 32 + 17 7:30 a.m. 15 3 18 32 + 14 8:00 a.m. 17 4 21 32 + 11 8:30 a.m. 21 7 28 32 + 4 9:00 a.m. 21 9 30 32 + 2 9:30 a.m. 27 12 39 32 -7 10:00 a.m. 23 15 38 32 - 6 la) Parking demand for 1,886 sq. ft. Starbucks, based on surveys conducted by Omni-Means Eng. & Planners at three area Starbucks stores. (b) Zoning ordinance (source: City of Dublin), with hourly demand as a percentage of p.m. maximum (source: ULI). In a preliminary study of the project conducted by the City of Dublin, several mitigation measures were presented to address an onsite parking deficit.~7~ One measure referred to the presence of nearby on-street parking. Curb space for 10-12 vehicles is available on Village Pkwy. and Amador Valley Blvd. fronting the project site. Given their location and the absence of other nearby parking generators during the morning peak period, we concur with the City's report that these spaces are not likely to be utilized by motorists who are not associated with the project site. Also, our observations at the other Starbucks indicate patrons will utilize street parking when it is in close proximity. Due to these factors, it is likely the curb spaces would accommodate the excess demand. It is also noted that the existing Starbucks at 9150 Alcosta Blvd. is located approximately one mile north on Village Parkway. Two Starbucks serving the same general area may result in a reduction in the average parking demand. Thus, the Starbucks parking demand identified for this project is probably conservatively high. Traffic & Parking Analysis For RetaiUStarbucks Page 9 e. Pedestrian Issues /Vehicle Access The project would be served by one right-turn inlout driveway on Village Pkwy. and one right-turn in/out driveway on Amador Valley Boulevard, both 24 feet wide. (The project site plan is illustrated in Figure 3.) The previous site use (gasoline service station) had two driveways fronting each street that were approximately 40 feet wide. Pedestrian safety is generally enhanced when the number of driveways is reduced. Pedestrian and bicycle volumes on Village Pkwy. and Amador Valley Blvd. were also monitored during the intersection count. For the two-hour period between 7:00-9:00 a.m., 20 pedestrians and 10 bicyclists were observed on Amador Valley Blvd., with 3 pedestrians walking along the project frontage. On Village Pkwy., 9 pedestrians and 2 bicyclists were observed, with 4 pedestrians and 1 bicyclist traveling along the project frontage. Although the proposed retail/Starbucks project would have a relatively high A.M. peak hour trip generation, standard safety measures such as unobstructed sight lines along the sidewalk and driveway, the eight-foot sidewalk width, clearly differentiated sidewalk paving, and the current signalized intersection and crosswalk at Amador Valley Blvd. and Village Pkwy. would be adequate to protect pedestrians and bicyclists in the A.M. peak hours. In addition, the project's elimination of the two driveways provided for the former gasoline service station would reduce the potential for vehicle and pedestrian or bicyclist conflicts. Traffrc & Parking Analysis For Retail/Starbucks Page 10 4. SUMMARY AND CONCLUSIONS The proposed retaiUStarbucks project would not significantly impact traffic conditions at the study intersection compared to existing conditions. With the added project trips, the intersection would continue to operate at LOS `A' conditions during the A.M. peak hour. Average southbound, northbound, and westbound left-turn vehicle queues would increase by one vehicle. The parking supply of 32 onsite spaces would accommodate the expected combined retail/Starbucks demand until 9:30 a.m. when demand peaks for 39 spaces. The peak demand would exceed the on-site parking supply by 7 spaces. After 9:30 a.m., the parking demand declines but still exceeds the supply until 10:00 a.m. Curb space for 10-12 vehicles is available on Village Pkwy. and Amador Valley Blvd. fronting the project site. The location of these spaces suggests most of them are not likely to be occupied by other than patrons of the retail/Starbucks development. It is likely the curb spaces would accommodate the excess demand. Sin rely, 9 ~~ George W. Nickelson, P.E. Attachments: LOS Definitions LOS Calculations Traffic & Parking Analysis For Retail/Starbucks Page 11 ~~M m ~ i` ® ~~ . -------- \ ~# ~ ~5 3 `\ ~ ~ ~ v ~~ ~ ~ ~ ~ @~~ ~ ~ ~ ~ ~ M`~~ d ~~~ a 3 ~`~ btg~ e s ~' ~~ ~y ~ { ~. I ~-_ ~ s +._-~ r ~~'~ i - -- ------ ~ .. ~~+5 . ~~ ~i4F j f ~f ~v I 7 S:' ~ I ii ~~ ~~~ .-r I ~ `*1 77 ~ aa~d~~.Y ~ oa Y ..k - -1`ri f~~= ~~ sy,-_ .- '-- - w-s ~ E 1 / V B1f 1 ~ --_---- # ~~--,~-a---- -{may--- ~ ~ ~~~ - -- -f~ - - -- - -- -$; - ~ ! T ~' ~ L pp I 1i$~~a ! ~ ~~ -A - / 7 i w t • ~ I ~: 1 y 7~ J ~ } >v~ , ;:fit- ,:. ~ ~~` ~~~- 7, ~ ~ J. h- ! 1 ~. ,., ~-r-- ~ -~ 7 Q ~ ao ~° REFERENCES (1) Traffic counts conducted by Omni-Means Engineers & Planners, A.M. Peak Period (7:00-9:00 a.m.), April 5, 2005. (2) Trip counts conducted by Omni-Means Engineers & Planners at three Starbucks locations: 7904 Dublin Blvd. (at Regional St.), Dublin, CA (2,425 square feet with 51 interior seats.) Surveys conducted 6:00- 10:30 a.m., April 6, 2005. 4930 Dublin Blvd., Dublin, CA (in Hacienda Crossings Shopping Center) (2,046 square feet with 21 interior and 34 exterior seats.) Surveys conducted 6:00-10:00 a.m., Apri17, 2005. 9150 Alcosta Blvd., San Ramon, CA (in Country Club Village Center) (1,560 square feet with 37 interior seats and 12 exterior seats.) Surveys conducted 6:00-10:00 a.m., Apri14, 2005. (3) Abrams Associates, Starbucks Coffee Company, City of Orinda Parking and Traffic Study, December 1995. (4) Institute of Transportation Engineers, ~ Generation, 7th edition, 2003. (5) Parking surveys conducted by Omni-Means Engineers & Planners at three Starbucks locations: 7904 Dublin Blvd. (6:00-10:30 a.m., April 6, 2005); 4930 Dublin Blvd. (6:00-10:00 a.m., April 7, 2005); and 9150 Alcosta Blvd. (6:00- 10:00 a.m., Apri14, 2005). (6) Urban Land Institute and National Parking Association, Dimensions of Parkin, Washington, D.C. (7) City of Dublin, Starbucks 7197 Village Parkway Parking Study, Prepared by Community Development and Public Works Departments, December 29, 2004. Traffic & Parking Analysis For Retail/Starbucks Page 13 ATTACHMENTS Level of Service Definitions Level of Service Calculations Traffic & Parking Analysis For Retail/Starbucks Page l 4 LEVEL OF SERVICE DEFINITIONS LEVEL OF UNSIGNALIZED SERVICE SIGNALIZED INTERSECTIONS INTERSECTIONS* "A" Uncongested operations, all queues clear in a Little or no delay. single-signal cycle. (Average stopped delay less (Average delay of < 10 than 10 seconds per vehicle; V/C less than or = seconds) 0.60). "B" Uncongested operations, all queues clear in a Short traffic delays. single cycle. (Average delay of 10-20 seconds; (Average delay of >10 V/C=0.61-0.70). and <15 secs.) "C" Light congestion, occasional backups on critical Average traffic delay. approaches. (Average delay of 20-35 seconds; (Average delay of >15 V/C=0.71-0.80). and <25 secs.) "D" Significant congestion of critical approaches but Long traffic delays for intersection functional. Cars required to wait some approaches. through more than one cycle during short peaks. (Average delay of >25 No long queues formed. (Average delay of 35- and <35 secs.) 55 seconds; V/C=0.81-0.90). "E" Severe congestion with some long standing Very long traffic delays queues on critical approaches. Blockage of for some approaches. intersection may occur if traffic signal does not (Average delay of >35 provide for protected turning movements. Traffic and <50 secs.) queue may block nearby intersection(s) upstream of critical approach{es). (Average delay of 55-80 seconds; V/C=0.91-1.00). "F" Total breakdown, stop-and-go operation. Extreme traffic delays (Average delay in excess of 80 seconds; V/C of for some approaches 1.01 or greater). (intersection may be blocked by external causes--delays >50 seconds). * Level of Service refers to delays encountered by certain stop sign controlled approaches. Other approaches may operate with little delay. Source: Transportation Research Board, HiQhwav Capacity Manual, 2000. CCTALOS Software ver. 2.35 by TJKM Transportation Consultants -- -------------------------------- Condition: AM Existing Conditions 04/11/05 INTERSECTION 1 Village Pkwy./Amador Vallye B1 Dublin Count Date 4/5/05 Time AM PEAK Peak Hour 8:00-9:00 AM ------------------------------------------------------------------------ CCTA METHOD RIGHT THRU LEFT 4-PHASE SIGNAL ----------- 329 258 131 <--- v ---> ~ Split? Y LEFT 354 --- 2.1 1.1 2.1 1.0 1.1 --- 103 RIGHT STREET NAME: THRU 268 ---> 2.2 (NO. OF LANES} 2.1<--- 438 THRU Amador Vallye Bl RIGHT 78 --- v N W + E S 1.1 2.1 2.2 1.1 1.0 --- 139 LEFT <--- ---> I I I v 76 166 38 LEFT THRU RIGHT Split? Y SIG WARRANTS: Urb=Y, Rur=Y STREET NAME: Village Pkwy. - - ORIGINAL ----- ADJUSTED - -- ----- - - --- V/C ---------------- CRITICAL MOVEMENT VOLUME VOLUME* CAPACITY RATIO V/C ------------- NB RIGHT (R) ------------- 38 ---------- 38 ---------- 1650 ---------- 0.0230 ---------------- THRU (T) 166 166 3300 0.0503 LEFT (L) 76 76 3000 0.0253 T + R 204 3300 0.0618 0.0618 T + L 242 4650 0.0520 T + R + L 280 4650 0.0602 ------------- SB RIGHT (R) ------------- 329 ---------- 329 ----------- 1650 --------- 0.1994 ---------------- 0.1994 THRU (T) 258 258 3300 0.0782 LEFT (L) 131 131 1650 0.0794 T + R 587 3300 0.1779 ------------- EB RIGHT (R) ------------- 78 ---------- 78 ----------- 1650 --------- 0.0473 ---------------- THRU (T) 268 268 3300 0.0812 LEFT (L) 354 354 3000 0.1180 T + R 346 3300 0.1048 T + L 622 4650 0.1338 T + R + L 700 4650 0.1505 0.1505 ------------- WB RIGHT (R) ------------- 103 ---------- 103 ----------- 1650 --------- 0.0624 ---------------- THRU (T) 438 438 3300 0.1327 LEFT (L) 139 139 1650 0.0842 T + R 541 3300 0.1639 0.1639 TOTAL VOLUME-TO-CAPAC ITY RATIO: 0.58 INTERSECTION LEVEL OF SERVICE: A * ADJUSTED FOR RIGHT TURN ON RED INT=X.INT,VOL= XA.VOL,CAP= CCTALOS Software ver. 2.35 by TJKM Transportation Consultants --------------------------------------- Condition: AM Existing + Proj. (Starbucks & Retail) 04/15/05 INTERSECTION 1 Village Pkwy./Amador Vallye B1 Dublin Count Date 4/5 -------------- /05 -------- -- Time AM - -- PEAK Peak Hour 8:00-9:00 AM CCTA METHOD - RIGHT - ------- THRU LEFT ---------- ----------- --------------- 4-PHASE SIGNAL ----------- 318 249 164 <--- v ---> ~ Split? Y LEFT 342 --- 2.1 1.1 2.1 1.0 1.1 --- 105 RIGHT STREET NAME: THRU 288 ---> 2.2 (NO. OF LANES) 2.1<--- 426 THRU Amador Vallye Bl RIGHT 78 --- 1.1 2.1 2.2 1.1 1.0 --- 172 LEFT v v N I I I SIG WARRANTS: W + E 122 191 38 Urb=Y, Rur=Y S LEFT THRU RIGHT Split? Y STREET NAME: Village Pkwy. --- ------- - - ORIGINAL ---------- ADJUSTED ---------- ----------- V/C -------------- CRITICAL MOVEMENT VOLUME VOLUME* CAPACITY RATIO V/C --------------- NB RIGHT (R) ----------- 38 ----------- 38 ---------- 1650 ----------- 0.0230 -------------- THRU (T) 191 191 3300 0.0579 LEFT (L) 122 122 3000 0.0407 T + R 229 3300 0.0694 T + L 313 4650 0.0673 T + R + L 351 4650 0.0755 0.0755 --------------- SB RIGHT (R) ----------- 318 ----------- 318 ---------- 1650 ----------- 0.1927 -------------- 0.1927 THRU (T) 249 249 3300 0.0755 LEFT (L) 164 164 1650 0.0994 T + R 567 3300 0.1718 --------------- EB RIGHT (R) ----------- 78 ----------- 78 ---------- 1650 ----------- 0.0473 -------------- THRU (T) 288 288 3300 0.0873 LEFT (L) 342 342 3000 0.1140 T + R 366 3300 0.1109 T + L 630 4650 0.1355 T + R + L 708 4650 0.1523 0.1523 --------------- WB RIGHT (R) ----------- 105 ----------- 105 ---------- 1650 ----------- 0.0636 -------------- THRU (T) 426 426 3300 0.1291 LEFT (L) 172 172 1650 0.1042 T + R - --- - 531 --------- 3300 ---------- 0.1609 ----------- 0.1609 ------------ ---- ---------- --------------- TOTAL VOLU -- ----- -- ---------------------- ME-TO-CAPACITY RATIO: ---------- ----------- -- -------------- 0.58 INTERSECTI ON LEVEL OF SERVICE: A * ADJUSTED FOR RIGHT TURN ON RED INT=X.INT,VOL=XA.VOL,CAP= CCTALOS Software ver. 2.35 by TJKM Transportation Consultants Condition: AM Existing+Pr --------------------- oject+Office ----------- --------------- 04/15/05 INTERSECTION ----------------------- 1 Village Pkwy./Amador Vallye ----------- B1 Dubl --------------- in Count Date 4/5 -------------- /05 ----------- Time AM ---- - PEAK Peak Hou r 8:00-9:00 AM CCTA METHOD RIGHT --- --- THRU LEFT ---------- ----------- --------------- 4-PHASE SIGNAL ----------- 318 249 169 ^ I <--- I I v ---> ^ ~ Split? Y LEFT 342 --- 2.1 1.1 2.1 1.0 1.1 --- 105 RIGHT STREET NAME: THRU 292 --- > 2.2 (NO. OF LANES) 2.1<--- 426 THRU Amador Vallye Bl RIGHT 78 --- 1.1 2.1 2.2 1.1 1.0 --- 178 LEFT v v N I I I SIG WARRANTS: W + E 123 192 37 Urb=Y, Rur=Y S LEFT THRU RIGHT Split? Y STREET NAME: Village Pkwy. ORIGINAL ADJUSTED ------- ----------- V/C -------------- CRITICAL MOVEMENT VOLUME VOLUME* CAPACITY RATIO V/C --------------- NB RIGHT (R) ----------- 37 ----------- 37 ---------- 1650 ----------- 0.0224 -------------- THRU (T) 192 192 3300 0.0582 LEFT (L) 123 123 3000 0.0410 T + R _ 229 3300 0.0694 T + L 315 4650 0.0677 T + R + L 352 4650 0.0757 0.0757 --------------- SB RIGHT (R) ----------- 318 ----------- 318 ---------- 1650 ----------- 0.1927 -------------- 0.1927 THRU (T) 249 249 3300 0.0755 LEFT (L) 169 169 1650 0.1024 T + R 567 3300 0.1718 --------------- EB RIGHT (R) ----------- 78 ----------- 78 ---------- 1650 ----------- 0.0473 -------------- THRU (T} 292 292 3300 0.0885 LEFT (L} 342 342 3000 0.1140 T + R 370 3300 0.1121 T + L 634 4650 0.1363 T + R + L 712 4650 0.1531 0.1531 --------------- WB RIGHT (R) ----------- 105 ----------- 105 ---------- 1650 ----------- 0.0636 -------------- THRU (T) 426 426 3300 0.1291 LEFT (L) 178 178 1650 0.1079 T + R 531 3300 0.1609 0.1609 TOTAL VOLUME-TO-CAPACITY RATIO: 0.58 INTERSECTION LEVEL OF SERVICE: A * ADJUSTED FOR RIGHT TURN ON RED INT=X.INT,VOL=XA.VOL,CAP= ~~- AGENDA STATEMENT ZONING ADMINISTRATOR MEETING DATE: March 14, 2005 SUBJECT: ATTACHMENTS RECOMMENDATION PROJECT DESCRIPTION: PUBLIC HEARING: PA 04-057, Starbucks Coffee -Conditional Use Permit fora 29% Reduction to Required Parking .- , ~ ~- Report prepared by.• Pierce Macdonald, Associate Planner 1. Resolution Approving a Conditional Use Permit fora 29% Reduction to Required Parking for Starbucks Coffee (with Site Plan included as Exhibit A, and Parking Study as Exhibit B) 2. Applicant's Written Statement 3. Planning Commission Resolution 04-40 1. Open Public Hearing and Hear Staff Presentation; 2. Take Testimony from the Applicant and the Public; 3. Close Public Hearing and Deliberate; 4. Adopt Resolution (Attachment 1) Approving a Conditional Use Permit fora 29% Reduction to Required Parking for Starbucks Coffee (with Site Plan. included as Exhibit A, and Parking Study as Exhibit B} The project site at 7197 Village Parkway was the former location of an automotive gasoline and service station that closed in the 1990'x, and was previously zoned General Commercial (C-2). Adjacent uses include the Taco Bell restaurant to the south and two single-family homes to the east on Amador Valley Boulevard. Other uses in the project vicinity include Oil Changers to the west, the new Valley Center development to the northeast, and the Arco AM/PM service station to the north. In 1998, the City Council studied the potential future uses of the property, held public hearings, and adopted a Stage 1 and 2 Planned Development (PD) Zoning District for the property on December 1 ~, 1998, PA 98-049. Pursuant to the PD regulations, a range of office, commercial and eating and drinking establishments were permitted uses in the district. Cafes and other neighborhood-serving uses were specifically identified as appropriate new uses in the Planned Development Rezoning Ordinance adopted by City Council. The potential of the project site was further studied in the Village Parkway Specific Plan, adapted by City Council on December 19, 2000, in which the property was identified as an opportunity site and a primary gateway area. Opportunity sites and primary gateway areas are identified in the Specific Plan as prominent locations that are suitable for plazas, public art, and other amenities. In 2002, the Alameda County Environmental Protection Division issued a closure letter for the completed G:U'A#12 0 04104-0 5 7 Starbucks Parking CUPIZA Staff Report.doc COPIES TO: Applicant Property Owner PA File ITEM NO. ATTA HNlEI~T ~ C clean up at the site, which had previously been a gas station with leaking underground tanks. On May 11, 2004, the Planning Commission approved a request for Site Development Review, Tentative Map, and Conditional Use Permit for the Enea Village Parkway Center (PA 03-069) on the property (see Resolution 04-40, included as Attachment 3). The approval will allow development of the 1-acre lot at the southeast corner of the intersection of Village Parkway and Amador Valley Boulevard with a 8,539- square-foot commercial/retail center and a 5,582-square-foot office building. Within the commerciaUretail center, a 600-square-foot space was identified for eating and drinking uses, such as a coffee shop. Later that year, the former gas station was demolished, and a Building Permit application was submitted to begin construction of the commerciaUretail building. With the current application, Enea Properties is requesting a Conditional Use Permit to allow a 1,886- square-foot coffee retailer and cafe, Starbucks Coffee, to locate in the Enea Village Parkway Center by reducing the number of on-site parking spaces required by 29% by Chapter 8.76 of the Zoning Ordinance, Off-street Parking and Loading. The proposal includes a mix of in-door seating and outdoor seating, for a total of 30 indoor and 16 patio seats. ANALYSIS: At the time of the Planning Commission's approval of the Enea Village Parkway Center on May 11, 2004, the future tenants of the project were unknown. The Staff report for the Planning Commission meeting outlined the limits to the size of any future eating and drinking use due to the number of parking spaces required under the Zoning Ordinance. The Staff report explained, as follows, "Although it is unknown whether a restaurant will choose to locate at the site, the commercial/retail building has been designed to accommodate a small eating and drinking use, such as a coffee shop or ice cream vendor, in a 600-square-foot tenant space. The development has been designed to anticipate DSRSD sewer requirements and accommodate the additional parking necessary fora (600-square- foot) restaurant use." The Planning Commission Staff Report also explained that additional floor area beyond 600 square feet could be created in the future subject to Zoning Ordinance regulations, Section 8.76.050. The parking requirements for the entire commercial building including the eating and drinking use are outlined in Table 1., Enea Village Parkway Center Parking Tabulation, belov~T: Table 1. Enea Village Parkway Center Parking Tabulation Parcel A Bui{ding Area Parking Requirement Parking Provided Percentage of Parkin Spaces CommerciallRetail 7,939 square feet 26 Spaces (1:300} 19 Standard S aces 59.37% 11 Com act S aces 34.38% Eating and Drinking 600 square feet 6 Spaces (1:100) 2 Accessible Spaces 6.25% Total 8,539 square feet 32 S aces 32 S aces 100% Conditional Use Permit Pursuant to Section 8.76.050 of the Zoning Ordinance, Adjustment to the Number of Parking Spaces, the Zoning Administrator may reduce the number of parking spaces required by the Zoning Ordinance when 2 off-Site parking is available to satisfy the required parking under the Zoning Ordinance, when the parking requirement is deemed excessive, and when a shared parking condition is present. In the latter two cases, a traffic study must be prepared by a qualified traffic engineer or consultant. The following evidence must be provided: An analysis of the availability ofoff--site parking spaces showing that the most distant parking space is not more than 400 feet from the commercial use, that the off-site parking spaces are not located in a residential zone or vehicle access area, and that any necessary agreements are executed to assure that the off-site parking spaces are provided to the principal use (Section 8.76.0S0.C}: ^ An analysis of the parking demands of the proposed use and the parking demands of similar uses in similar situations, to demonstrate how the required parking standard is excessive, and an alternative parking standard to ensure that there will not be a parking deficiency and that overflow parking will not adversely impact adjacent uses (Section 8.76.050.E}. An analysis of how a sufficient number of parking spaces is provided to meet the greatest parking demands of the participating use types in a shared parking situation to ensure that there will not be a parking deficiency, that parking for the various uses will not conflict with each other, and that overflow parking will not adversely impact adjacent uses (Section 8.76.0S0.F}. The Applicant worked with the City Traffic Engineer and Planning Division Staff to develop a Parking Study for the project. The Parking Study is included as Exhibit B to Attachment 1. The Study reviewed the requested 1,886-square-foot coffee shop and a 410-square-foot outdoor seating area and provided an analysis of the typical parking requirements of the proposed tenant and the entire shopping center. The Study concluded that the proposed project would generate significant visitors to the Village Parkway area due to its prominent location, brand name recognition, and the attractiveness of the new building's design. The shared parking condition of the shopping center and the availability of free, on-street parking would supplement the parking provided on-site during the busiest times of the day. In addition, the proximity of the prof ect site to residential neighborhoods, schools, bike paths, and public transportation would allow several transportation options for visitors and employees. Concurrent with the recommendations listed below, the Parking Study supported an alternative parking requirement to that of the Dublin Zoning Ordinance that takes into consideration all of the conditions at the project site. The Parking Study concluded that 32 off-street parking spaces and the existing on-street parking spaces (a minimum of 5) would be sufficient to meet the peak parking needs of the coffee shop and the shopping center as a whole. The following measures were recommended to ensure that the project causes no adverse impacts on retail tenants in the shopping center or adjacent property owners, and these measures have been included as Conditions of Approval for the project: The project should reserve 5 of the parking spaces as time-limited parking. These spaces should be located closest to the coffee shop and should be posted with the following information: "15 Minute Parking Limit. Towing Enforced." Signs shall include City of Dublin Municipal Code citation that allows towing of illegally parked vehicles. These 5 parking spaces with time limit restrictions would be able to safely accommodate 20 vehicles per hour. (Condition of Approval # 8) 2. This study recommends that the coffee shop tenant provide information on the availability of travel ` options to visitors and employees on an on-going basis. BART and the Wheels and Alameda County Connection bus services, as well as the 511 telephone and Internet service (www.511.orQ), would be good resources for information and promotional materials.(Condition ofApproval # 9) 3. This study recommends that an alternative parking standard of 1 space for every 200 square feet of outdoor floor area is adequate due to the seasonal nature of outdoor seating to ensure that the parking demand generated by the outdoor seating would not overflow to adjacent properties and cause adverse impacts. The alternative parking requirement would total 2 parking spaces. This alternative parking standard is effective as long as the plaza area remains uncovered by a permanent roof. The Applicant/Developer shall apply for and obtain a Conditional Use Permit for additional parking reductions pursuant to Section 8.76.050 of the Zoning Ordinance should the plaza area be covered by a permanent roof. (Condition ofApproval # 10) 4. The project should reserve 1 additional parking space as time-limited parking to off-set the potential increased parking demand associated with Wi-Fi Internet access. This space should be located closest to the coffee shop and should be posted with the following information: "15 Minute Parking Limit. Towing Enforced." Sign shall include City of Dublin Municipal Code citation that allows towing of illegally parked vehicles. This 1 space with time Limit restrictions would be able to safely accommodate an additional 3 vehicles per hour. Time limited parking spaces for the project would total of 6 spaces, which would be capable of allowing 24 vehicles to park an hour. (Condition of Approval # 8) 5. This study recommends that the coffee shop be required to provide auxiliary parking and proper signage for the first two weeks of operation due to increased traffic caused by the business' grand opening. (Condition of Approval # 11) To summarize the conclusions and recommendations made in the Study, information from Table 3. of the Parking Study, as follows below, outlines the alternative parking standards. Table 3., Proposed Alternative Parking Standards Use Area Zoning Tabie 2 Recommended Proposed Parking (sq.ft.) Ordinance Maximum Standards/ Required : Provided Required Demand Conditions Parking (spaces) Parking (spaces) (spaces) s aces Coffee 1,886 19 8 6time-limited parking I3 8 on-site Sho spaces (24 vehicles} 5 off-site Outdoor (410) 4 2 regular spaces 2 2 on-site Seating 5 off-site spaces ^ alternative parking standard of 2 spaces Total Spaces Available: 15 spaces would manage max. demand of 33 vehicles er hour Retail 6,642 22 17 22 22 on-site 22 regular spaces (No changes in standards from Zonin Ordinance) Total 8,528 45 45 37 37 4 Public Comments A Public Hearing Notice was mailed to property owners, residents, and tenants within a 300-foot radius of the project property. A copy of the notice was advertised in the Valley Times. As of the writing of this report, no comments have been received from the Public. 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 that environmental documents be prepared. The project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA), according to Section 15332, because the project is an in- fill development within a larger urbanized area and consistent with local general plan and zoning requirements. CONCLUSION: The Enea Village Parkway Center will replace a vacant former gas station at a prominent corner of the intersection of Village Parkway and Amador Valley Boulevard. The project site is identified in the Village Parkway Specific Plan as an opportunity site. The proposed coffee shop lease space meets the goals and requirements of the property as envisioned in the Village Parkway Specific Plan, the Planned Development District PA 98-049, and the Off-Street Parking and Loading Section of the Zoning Ordinance by creating a .neighborhood-serving commercial use with shared parking. City Staff have reviewed the project and attached draft Conditions of Approval that will mitigate any potential adverse impacts of the project relative to parking. RECOMMENDATION: Staff recommends that the Zoning Administrator: 1) open public hearing and hear the Staff presentation; 2) take testimony from the Applicant and the Public; 3) close the public hearing and deliberate; and, 4} adopt the Resolution (Attachment 1} approving a Conditional Use Permit fora 29% Reduction to Required Parking for Starbucks Coffee (with Site Plan included as Exhibit A, and Parking Study as Exhibit B). 5 GENERAL INFORMATION: APPLICANT: Robert Enea, Enea Properties Company, LLC 190 Hartz Avenue, Suite 260, Danville 94526 PROPERTY OWNER: Village Parkway Partners, LLC 190 Hartz Avenue, Suite 260, Danville 94526 LOCATION: 7197 Village Parkway, Dublin, CA 94568 (APN 941-0210-013) GENERAL PLAN DESIGNATION: Retail/Office EXISTING ZONING AND LAND USE: Planned Development Zoning District, PA 98-049 G:1PA#12004\04-057 Enea1ZA Staff Report.doc 6 RESOLUTION NO. OS - 04 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT FOR A 29% REDUCTION TO REQUIRED PARKING FOR STARBUCKS COFFEE AT 7197 VILLAGE PARKWAY (PA 04-057) WHEREAS, the Enea Properties Company LLC, the site property owner, has requested approval of an application on behalf of Starbucks Coffee, Inc., for a Conditional Use Permit to allow a reduction of 13 parking spaces or 29% from the number of parking spaces normally required fora 1,886- square-foot coffee shop, 410-square-foot outdoor seating area, and 6,653-square-foot retail center (45 spaces), pursuant to Section 8.76.050 of the Zoning Ordinance, on land located at 7197 Village Parkway (APN 941- 0210-013); and WHEREAS, the application has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City Environmental Guidelines, and determined to be categorically exempt according to Section 15332, because the project is an in-fill development within a larger urbanized area and consistent with the Dublin General Plan and Zoning Ordinance requirements; and WHEREAS, City Council adopted Ordinance No. 21-98 which established Planned Development District PA 98-049 on December 15, 1998, which established development standards for the project site; and WHEREAS, City Council adopted the Village Parkway Specific Plan and Initial Study/Negative Declaration on December 19, 2000, which established development standards, land uses, and goals for the Specific Plan Area; and WHEREAS, Planning Commission did hold a public hearing and approved a proposal submitted by Enea Properties Company LLC for development of a 8,539-square-foot retail center and 5,582-square-foot office building at the project site on May 11, 2004, by means of Resolution 04-40; and WHEREAS, a Parking Study has been prepared and reviewed by the City Traffic Engineer for the proposed reduction of 13 parking spaces or 29% from the number of parking spaces normally required for a 1,886-square-foot coffee shop, 410-square-foot outdoor seating area, and 6,653-square-foot retail center (45 spaces), which states that alternative parking standards would be appropriate for the project; and WHEREAS, the Zoning Administrator did hold a public hearing on the Conditional Use Permit on March 14, 2005; and WHEREAS, proper notice of said public hearing was given in all respects as required bylaw; and WHEREAS, the Staff Report was submitted recommending Zoning Administrator approval of a resolution approving a Conditional Use Permit; and WHEREAS, the Zoning Administrator did hear and consider all said reports, recommendations, and testimony hereinabove set forth, and used her independent judgment. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Zoning Administrator does hereby make the following findings and determinations regarding said proposed Conditional Use Permit: 1. Pursuant to Section 8.76.OSO.C, a Parking Study has been prepared to assure that the off-site parking spaces are provided to the principal use because a maximum of 10 and a minimum of 5 free, on-street parking spaces will be available along the project street frontages on Village Parkway and Amador Valley Boulevard, within 400 feet of the project site. 2. Pursuant to Zoning Ordinance Section 8.76.OSO.E, a Parking Study has been prepared to demonstrate how the required outdoor seating parking standard is excessive, and has provided an alternative parking standard to ensure that there will not be a parking deficiency and that overflow parking will not adversely impact adjacent uses because the proximity of the site to residences, schools, bike paths, and public transportation will allow several transportation options for visitors, and intemperate weather will limit the use of outdoor seating. 3. Pursuant to Zoning Ordinance Section 8.76.OSO.F, a Parking Study has been prepared to ensure that there will not be a parking deficiency in the shopping center as a whole, that parking for the various uses will not conflict with each other, and that overflow parking will not adversely impact adjacent uses because, as conditioned, there will be 6 parking spaces in the parking lot with signs limiting parking to 15 minutes and because these 6 parking spaces would be capable of allowing 24 vehicles to park an hour combined with 4 normal parking spaces which would satisfy the total peak demand of 28 spaces an hour of the coffee shop and other shopping center uses. 4. The subject site is physically suitable for the type and intensity of the development being proposed because it is located within a developed downtown area, was previously developed, and because it is located adjacent to roadways which are designed to carry traffic that would be generated by the proposed types of uses; and 5. The proposed Conditional Use Permit 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 because the project has been built according to City laws and regulations; and 6. The proposed Conditional Use Permit is consistent with the Retail/Office designation of the Dublin General Plan and the proposed development standards are permitted by said designation; and 7. The proposed Conditional Use Permit is consistent with the existing Planned Development Zoning District (PA 98-049) regulations because Eating and Drinking Uses, such as cafes, are permitted uses within the Planned Development Zoning District, and the project is consistent with the parking regulations of Zoning Ordinance Chapter 8.76, to which the Planned Development Distnct is also subject. 8. The proposed Conditional Use Permit is consistent with the goals and standards of the Village Parkway Specific Plan because it will provide neighborhood-serving uses and promote enhanced pedestrian access and amenities. BE IT FURTHER RESOLVED THAT THE Dublin Zoning Administrator does hereby approve a Conditional Use Permit for project plans, included as Exhibit A, and the Parking Study, included as Exhibit B, dated December 29, 2004, subject to the following Conditions of Approval: 2 CONDITIONS OF APPROVAL Unless stated otherwise all Conditions of Approval shall be complied with prior to the issuance of building hermits or establishment of use and shall be subject to Department of Community Development review and approval The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval• (ADMI Administration/ City Attorney, (Bl Building Division of the Community Development Department [DSR] Dublin San Ramon Services District, (Fl Alameda County Fire De~artment/City of Dublin Fire Prevention [FINI Finance Department, (PLl Planning Division of the Communiy Devel~ment Department (POl Police [PW] Public works Department. NO. CONDITION TEXT RESPON. WHEN souxCE~ AGENCY/ REQ.? DEPART. GENERAL CONDITIONS 1. Approval. This Conditional Use Permit approval for the Starbucks, PL Ongoing Standard Inc., PA 04-057, establishes the parking requirements for the 1,886- square-foot coffee shop and 410-square-foot outdoor seating area at the Enea Commercial Center, 7197 Village Parkway. Conditions of Approval contained herein shall not be construed as superceding Conditions of Approval established with Planning Commission approval of PA 03-069. Development pursuant to this Conditional Use Permit is conditioned upon the requirement that the development be consistent with the approved Site Development Review (PA 03-069), the Planned Development (PD) Rezoning, including the Land Use and Development Plan, and the related General Provisions, and Standards and Conditions, and shall generally conform to the Site Plan prepared by William Wood Architects, dated received November 1, 2004, by the City of Dublin Community Development Deparhnent, unless modified by the Conditions of A royal contained herein. Z, Term. Pursuant to Section 8.96.020.D., approval of the Conditional PL On-going Z.O. Use Permit shall be valid for one year from effective date. If construction has not commenced by that time or extended per the following means, this approval shall be null and void. The approval period for the Conditional Use Permit may be extended six (6) additional months by the Director of Community Development upon determination that the Conditions of Approval remain adequate to assure that the above stated findings will continue to be met. Applicant/ Developer must submit a written request for the extension prior to the expiration date of the Conditional Use Permit.. 3• Revocation. The Conditional Use Permit will be revocable for PL On-going Z.O. cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation, and ifnon-compliance continues, otential revocation. 4, Fees. Applicant/Developer shall pay all applicable fees in effect at FIN Prior to Municipal the time of building permit issuance, including, but not limited to: issuance of Code Planning fees; Building fees; Dublin San Ramon Services District Building fees; Public Facilities fees; Dublin Unified School District School Permits Impact fees; Public Works Traffic fees; City of Dublin Fire Services fees; Noise Miti ation fees; Alameda Coun Flood and NO. CONDITION TEXT RESPON. WREN souRCE~ AGENCY/ REQ.? DEPART. Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Development Agreement. Unissued building permits subsequent to new or revised T1F's shall be subject to recalculation and assessment of the fair share of the new or revised fees. If the Development Agreement approved for this project conflicts with this condition, the Develo ment A Bement shall revail. 5. Required Permits. Applicant/Developer shall obtain all necessary PL, PW, B Prior to Standard applicable permits required by other agencies including, but not issuance of limited to, Alameda County Public Works, Alameda County Flood Building Control District (Zone 7); California Department of Fish and Permits Game; Army Corps of Engineers; and State Water Quality Control Board, and shall submit copies of the permits to the Department of Public Works. Applicant/Developer shall also apply, pay all required fees and obtain permits from PG&E for power service connection re uired to ever ize traffic si als and streetli hts. (, Hold Harmless/Indemnification. Applicant/Developer, and any Applicant On-going Standard parties or individuals granted rights-of--entry by Applicant/ Developer, shall defend, indemnify, and hold 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 (a) to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Director of Community Development, Zoning Administrator, or any other department, committee, or agency of the City concerning a subdivision or other development which actions are brought within the time period provided for in Government Code Section 66499.37 and (b) holding the City liable for any damages or wages in connection with the construction; provided, however, that the Applicant) Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the ApplicantlDeveloper of any said claim, action, or proceeding and the City's full actions or roceedin s. ~. Clarifications and Changes to the Conditions. In the event that PL, PW On-going Standard there needs to be clarification to these conditions of approval, the Directors of Community Development and Public Works have the authority to clarify the intent of these conditions of approval to the Applicant/Developer by a written document signed by the Director of Community Development and the City Engineer and placed in the project file. The before-mentioned authority also may make minor modifications to these conditions in order for the Applicant/Developer to fulfill needed improvements or mitigations resultin from im acts to this ro~ect. .PARKING STUDY 8. Time-Limited Reserved Parking. The Applicant/Developer shall PL, PW Prior to Parking reserve 5 of the parking spaces as time-limited parking. These issuance of Study spaces should be located closest to the coffee shop and should be Building posted with the following information: "15 Minute Parking Limit. Permits Towing Enforced." Signs shall include City of Dublin Municipal Code citation that allows towing of illegally parked vehicles. NO. CONDITION TEXT RESPON. WHEN SOURCE? AGENCY/ REQ.? DEPART. In addition, the Applicant/Developer shall reserve 1 additional parking space as time-limited parking to off-set the potential increased parking demand associated with Wi-Fi Internet access. This space should be located closest to the coffee shop and should be posted with the following information: "15 Minute Parking Limit. Towing Enforced." Sign shall include City of Dublin Municipal Code citation that allows towing of illegally parked vehicles. Time limited parking spaces for the project shall total 6 spaces for the shopping center to allow 24 vehicles to park per hour in time- limited spaces. 9. Travel Options. The Applicant/Developer shall ensure that the PL, PW Prior to Parking coffee shop tenant provide information on the availability of travel issuance of Study options to visitors and employees on an on-going basis. BART and Building the Wheels and Alameda County Connection bus services, as well Permits as the 511 telephone and Internet service (www.511.orQ), would be good resources for information and promotional materials. 10. Patio Seating. The Applicant/Developer shall apply for and obtain PL, PW On-going Parking a Conditional Use Permit for additional parking reductions Study pursuant to Section 8.76.050 of the Zoning Ordinance should the plaza area be covered by a permanent roof and available for seatin . 11. Grand Opening. The Applicant/Developer shall be required to PL, PW Prior to Parking provide auxiliary parking and proper signage for the first two issuance of Study weeks of operation of the coffee shop due to increased traffic Building caused by the business' grand opening. Permits PASSED, APPROVED AND ADOPTED this 14th day of March, 2005. Zo 'ng Administrator ATTEST: ~,~,~~ Associate Planner G:V'A#12004\04-057 Starbucks\ZARESO.DOC ~ r ~~~~~ ~~ i ~~ Zoning Adrr~inisfrator Hearing March 74, 2005 CALL TO ORDER A special meeting of the City of Dublin Zoning Administrator was held on Monday March 14, 2005 in the Dublin Civic Center Regional Meeting Room, 100 Civic Plaza, Dublin. Zoning Administrator Jeri Ram called the meeting to order at 2:00 p.m. ATTENDEES Jeri Ram, Planning Manager and Zoning Administrator; Pierce Macdonald, Associate Planner; Janet Harbin, Senior Planner; Chris Foss, Economic Development Director; Ray Kuzbari Senior Civil Engineer (Traffic); Ananthan Kanagasundaram, Assistant Engineer; and Renuka Dhadwal, Recording Secretary. PUBLIC HEARING Prior to opening the public hearing, Ms. Ram explained the meeting process to the members present. She informed the members present that she will open the public hearing and ask for staff report, ask questions from Staff, Applicant and members of the public, close the public hearing, deliberate and make a decision. She further stated that if the Applicant or the members present were unhappy with the Zoning Administrator's decision, they will have 10 calendar days to appeal the decision. 1. PA 04-05? Starbucks Coffee CUP fora 29% reduction to required parking Ms. Ram opened the hearing and asked for the staff report. Pierce Macdonald, Associate Planner, presented the Staff Report. Ms. Macdonald gave a brief history of the property site, Staff analysis while reviewing the application, and public comments since the writing of the report. The property in question 7197 Village Parkway, was the former location of an automotive gasoline and service station which was closed in 1990s. It was zoned General Commercial or C2 at that time. Adjacent uses include a fast food restaurant, single family homes, as well as the Oil Changers and the newly developed Valley Center. In 1998 the City Council studied the potential future uses of the property, held public hearing and adopted a Planned Development District for the site which changed the zoning for the site. Pursuant to the PD regulations, a range of office/commercial, eating and drinking uses were permitted in the District. Cafes and other neighborhood serving uses were specifically identified for the site. In the year 2000, the potential uses for the site were further studied in the Village Parkway Specific Plan and it was determined that the said property was an opportunity site and a primary gateway area. These are identified in the Plan as areas suitable for Plazas, outdoor seating, public art and other amenities. Ms. Macdonald further explained that in 2004, the Planning Commission approved a Site Development Review and a Tentative Parcel Map for the Enea Village Parkway Center. The approval included the development of the one-acre site with a 8,539 sq. ft. commercial retail center and a 5,582 sq. ft. office building. The parking for the total center is 54 parking stalls. Within the retail center a 600 sq. ft. space was identified for an eating and drinking use such as a Coffee Shop or an Ice Cream Parlor. Permits for the demolition of the gas station and the commencement of construction were issued in 2004. Enea properties, through this application, is requesting a conditional use permit to reduce parking to allow a 1,886 sq. ft coffee retailer and cafe Starbucks Coffee to locate in the retail center. Due to site constraints, the standard parking requirements through the zoning ordinance will need to be replaced with an alternate parking plan. In reviewing the Application, Staff completed the following analysis: 1. In order to expand a 600 sq. ft. space to a 1,886 sq. ft. space 19 parking spaces would be required. The site currently provides 10 on-site parking spaces. To provide outdoor seating, 4 spaces would be required. 2. Pursuant to Chapter 8.76 of the Zoning Ordinance, the parking can be reduced at a site by the Zoning Administrator when a parking study is completed. The parking study can make an argument for using off-site parking to satisfy the Zoning Ordinance parking requirements. It can provide evidence for an alternative parking requirement. It can also do an analysis of shared parking so that when retail uses are not at their peak parking requirement, they can share the parking of the eating use and vice versa. The parking study for the proposed application needed to ensure that there was no parking deficiency due to the reduction and the resultant overflow will not adversely impact the adjacent uses. 3. The Parking Study concluded that the proposed project would generate significant visitors to the Village Parkway area due to its prominent location, brand name and the attractiveness of the new building's design. The shared parking condition of the shopping center and the availability of free, on-street parking would supplement the parking provided on-site during the busiest times of the day. In addition, the proximity of the proposed project to residential neighborhoods, schools, bike paths and public transportation would allow several transportation options for visitors and employees. The Parking Study additionally supported an alternative parking requirement to that of the Zoning Ordinance that took into consideration all of the conditions at the project site. The Study concluded that 32 off-street parking spaces and the existing on-street parking spaces (a minimum of 5) would be sufficient to meet the peak parking needs of the coffee shop and the shopping center as a whole. 4. The Parking Study made the following recommendations which are incorporated in the resolution as Conditions of Approval: a. Reserve 5 parking spaces as time-limited parking; b. Information on travel options; c. Alternative parking requirement of 2 parking spaces to accommodate outdoor seating; d. 1 additional parking space as time-limited to off-set increased parking demand associated with Wi-Fi Internet access; and 2 e. Auxiliary parking and proper signage for first two weeks of operation. Ms. Macdonald informed that a public hearing notice was mailed to the property owners and occupants within 300-ft radius of the project site. Staff has received 131etters in support of the project and 16 letters in opposition of the project since the mailing of the notices. The issues identified in the letters were: 1. The proposed Starbucks Coffee would impact the business for Mika's Espresso Coffee shop located adjacent to the proposed project. 2. Traffic congestion 3. Create unsafe conditions at the intersection of Amador Valley Boulevard and Village Parkway Ms. Macdonald informed that the Public Works department has assured Staff that since the access to the retail center is right-in and right-out driveway, this would not cause traffic congestion. There will be landscaped median at the intersection which would be safe for the pedestrians. Additionally 90-ft of the curb on Village Parkway as well as 60-ft of the curb on Amador Valley Blvd would be red-stripped for site distances. In conclusion Staff has reviewed the project and attached a draft Conditions of Approval that will mitigate any potential adverse impacts of the project relative to parking. Staff recommends that the Zoning Administrator adopt the Resolution approving a Conditional Use Permit fora 29% reduction to required parking. Ms. Ram asked Ray Kuzbari, Senior Civil Engineer (Traffic), to explain the traffic situation in relation to the school in the vicinity since the peak hours for the school and Starbucks Coffee would be the same. Mr. Kuzbari explained that a Traffic Analysis was conducted for the intersection along with some proposed improvements which were approved by the City Council as part of the Village Parkway Specific Plan enhancements. The free right turn from Village Parkway towards Amador Valley Boulevard has been closed and the median has been extended out so that the pedestrians can now safely cross the intersection. Mr. Kuzbari pointed out that the levels of service for all signalized intersections are rated on a scale from A-F. Levels A-D are acceptable levels. The Study for the intersection determined that the intersection is currently operating at Level C. Therefore it is average in terms of congestion levels and based on that there is reserve capacity to absorb more traffic. He further explained that the access driveway to and from the proposed project site is right turn only and therefore will not impact traffic conditions at the intersection. Therefore based on the Study, traffic to and from the project site can be handled safely as well as the intersection as a whole. Ms. Ram stated that she understood that the parking provided will be adequate since the uses for that site do not overlap. However, she asked, if there was a situation when parking could not be found on-site, where are the additional five spaces located on-street. Ms. Macdonald explained that four spaces are located on Village Parkway and one on Amador Valley Blvd. Ms. Ram asked if there was potential for more parking at the office site. Mr. Kuzbari responded that there was potential for additional parking near the office site during peak hours. 3 Ms. Ram asked if a person were to exit from the project site onto Amador Valley Blvd, where would that person be able to make a U-turn. Mr. Kuzbari pointed out the median at Amador Valley Blvd on the map and said that a person could potentially make a U-turn at that point and could make a left turn on Village Parkway and park on-street on Village Parkway, if necessary. Ms. Ram asked if there were any Elementary Schools in the vicinity. Mr. Kuzbari stated that in addition to the Wells Middle School, the Fredrickson Elementary School is also located in the vicinity. Ms. Ram asked if there was a crossing guard at the intersection. Mr. Kuzbari stated that the crossing guard was stationed at Amador Valley Blvd and Burton Street and not at the intersection in question. The reason being for this is because the intersection near the project site is signalized. Ms. Ram pointed out that one of the letters which was in opposition to the project talked about a co-relation between reduced parking and traffic: Ms. Ram asked Mr. Kuzbari to explain how would reduced parking interfere with traffic. Mr. Kuzbari explained that whenever traffic is evaluated for a development project, Staff ensures that there is sufficient parking to accommodate parking demand. If there is insufficient parking, then there is a potential of more driveway traffic which could interfere with through traffic on the adjacent street and hence the co-relation between reduced parking and increased traffic. Ms. Ram stated that she is a little concerned for the safety of children crossing the intersection as there may be potential U-turn traffic from the project site. Mr. Kuzbari explained that the intersection in question is a signalized intersection and each approach to the intersection gets a green light separately. Therefore there is no interference with pedestrian traffic. Mr. Foss, Economic Development Director, pointed out that the crosswalk island in front of the property has been removed therefore the free right turn towards Amador Valley Boulevard has also been removed. This creates more safety for the pedestrians looking to cross the intersection. Ms. Ram asked Mr. Kuzbari if in his professional opinion as a Traffic Engineer the traffic improvements that have been made and the traffic analysis that was conducted are safe and the reduced parking request will not have a major traffic impact. Mr. Kuzbari responded that he is comfortable making those determinations. Ms. Ram asked Ms. Macdonald what the intent of the Village Parkway Specific Plan is in terms of what it is trying to achieve for pedestrians. Ms. Macdonald explained that the goal for the Village Parkway Specific Plan is to create a pedestrian friendly shopping district. As part of the Plan the pavements on Village Parkway will be enhanced, new trees will be planted, `opportunity sites' or `primary gateway areas' were identified, which would include outdoor plazas for outdoor seating to make the area very pedestrian friendly. When the Planning Commission reviewed the project they found that this site was offering free outdoor seating, providing benches, creating extensive landscaping, which meets the intent of the Village Parkway Specific Plan. 4 Ms. Ram opened the public hearing to take public testimony. She informed the members present that if they wished to speak they should fill out a speaker form and hand it to the Recording Secretary. Danelle Meyn, co-owner of Mika's and resident of 4803 Norfolk Place, Dublin CA 94568, spoke first. She stated her reasons for opposing the project. She felt that reducing parking spaces for a coffee shop will impact traffic tremendously and will be unsafe for children. Trish Bell, resident of 11696 Corto Ct, stated that this intersection will inevitably be congested and will be hazardous. She gave the example of the post office and how difficult it is to find parking on-site which causes traffic congestion on Village Parkway. Ron Meyn, co-owner of Mika's, wasn't sure how many parking spaces were being provided for the project. Ms. Macdonald stated that the project overall will provide 32 parking spaces. 10 of those would be for Starbucks. During the hours that the retail center is closed, the entire 32 spaces would be available. Mr. Meyn had similar concerns regarding traffic impact as the other speakers. Teri Kolon, a teacher at Fredrickson Elementary School and resident of 7674 Knollbrook Dr., Pleasanton, felt that it was outrageous to have another coffee establishment in addition to the existing ones in close proximity. She also voiced concerns regarding the safety for children who walk to school. Bobbi Cauchi, a business owner on Village Parkway and resident of 7133 Kingston Place expressed her concerns for the safety of the children due to increased traffic. She wanted to know what time during the day the Traffic Study was conducted. Ms. Ram responded that she will ask Staff this question during deliberation. Catherine Pettinicchi, a resident of 405 Merriwood Place, San Ramon, who frequently is in Dublin due to the preschool her children go to also voiced her concerns regarding traffic impact and she felt that the City is underestimating the popularity of Starbucks. Ms. Ram requested those members who hadn't filled out the speaker form to do so prior to leaving so that the City could accurately record their names in the minutes and furthermore send them notices if this item were to be appealed. Heather Johnson, employee of Dublin School District, stated that she understood the intent of Dublin to have a Downtown like atmosphere; however, she thinks that the proposed project area is not conducive for such an atmosphere due to the high traffic volume. Ms. Ram asked the Applicant, Robert Enea, if he would like to say anything. Mr. Enea stated that Staff had addressed all the concerns raised. He stated that traffic concerns that have been raised is a regional problem and not area specific. Hearing no other comments, Ms. Ram closed the public hearing. Ms. Ram asked when the Traffic Study was done. Mr. Kuzbari responded that it was completed in December 2002 prior to the improvements that were recently done at the intersection. 5 Ms. Ram asked if there was a mix of parking spaces available on-site. Ms. Macdonald informed that there were total 32 parking spaces available. Out of that 11 were compact spaces, 2 handicap accessible parking spaces. Ms. Ram asked if there was any barrier between Building A and Building B of the project site. Ms. Macdonald stated that there will be a fence to protect landscaping although it is accessible from Village Parkway since it has a shared access driveway. Ms. Ram inquired how many parking spaces does the Office component have. Ms. Macdonald responded that the Office Building proposes 22 parking spaces. Ms. Ram asked if there was any cross parking agreement between the two buildings. Ms. Macdonald stated that there was no agreement, both buildings will have their independent parking spaces. Ms. Ram stated that she has considered all the testimony given; she has reviewed the staff report, the letters, the Parking Study, Village Parkway Specific Plan and considered the safety of traffic. Based on the Traffic Engineer's testimony that the City has made improvements to the intersection, she feels confident that the intersection is safer now than before. Furthermore, previously the proposed site had a gasoline station which operated at all hours of day and night with traffic going in on Village Pkwy and out on Amador Valley Blvd. which is similar to the proposed project. She added it is safer now that it was previously with all the improvements. She further elaborated that in any shopping center there is a variety of businesses and each business has its own time of operation and hence there is adequate parking available on-site to meet the parking demand for a particular business at that center. Specifically for this project she is confident that there is adequate parking on site based on the different hours of operation for the retail use. While approving or disapproving a project, the most important thing to consider is the compatibility of the use with the site. Ms. Ram stated that the City is trying to revitalize the Village Parkway area and this project with its outside seating complements the goal of the City. She cited examples of revitalization that has occurred in the area (McDonald's improvements, Valley Center improvements). Based on the conditions of approval, the Zoning Administrator approved the Conditional Use Permit fora 29% reduction to required parking for Starbucks Coffee and adopted the following Resolution: RESOLUTION N0.05 - 04 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT FOR A 29% REDUCTION TO REQUIRED PARKING FOR STARBUCKS COFFEE AT 7197 VILLAGE PARKWAY (PA 04-057) Ms. Ram, once again, informed that if the members of the public were not satisfied with her decision, they have 10 calendar days to appeal. ADJOURNMENT The meeting was adjourned at 3:10 p.m. Jeri Ram Zoning Administrator ATTEST: ~1 Pierce Macdonald Associate Planner G:\MINUTES\2005\CDD-ZA\ZA Minutes 3-14-05 Starbucks.doc ~~~.;, • +~ ~l` ~~ ~- ~_ RECEIVED ~F ~~ CITY OF OUBLIN ~ I~AR 2 ~ 2005 ~~ ~~~ ~~~~ March 21, 2005 Re: Appeal letter for PA-04057 ~~ MANAGER'S p~FICE This is a request to appeal planning application # PA-04057, Stazbucks Coffee- Conditional Use Permit fora 29% Reduction to Required Parking. The location of this proposed project is directly adja.cent to a residential neighborhood. The proposed use creates a high customer volume and/or traffic, with their highest volume in the morning hours from 7:00 a.m.-10:00 a.m. During this time frame well over 90% of their sales are take-out or to-go. To illustrate that poirn the proposed applicant has provided for six short term parking spaces, and unprecedented number for the city of Dublin. The primary entrance and exit is located on Arnador Valley Blvd., and as vehicles exit from this location they must head east on Amador Valley Blvd. directly into our residential neighborhood This residential neighborhood contains the largest cluster of schools within Dublin. 'The following schools that would be affected by this traffic aze Dublin High School, Valley High School, Wells Middle School, and Frederiksen Elementary. These school children range in ages from 5 to 17 yeazs old. The tremendous vohune of vehicles that this use would attract during the eazly morning hours combined with our children attempting to get to school is a recipe for disaster. This community is unwilling to take that chance with our children's safety. The original decision stated this use fell in line with the "downtown" plan of a cafe. It is clear to us the committee for the "downtown" specific plan was encouraging a cafe which would be a breakfastllunch destination We do not believe that they intent was to have another use at this location that was primazily geared towards take-out/to-go items. Cleary this proposed use functions primarily as a to-go/take-out shop. We understand that this proposed use currently enjoys great brand name recognition, but often "brands" lose favor. Such has been the case for Alpha-Beta, Gemco, Liberty House, Montgomery Wards, K-Mart, Bob's Big Boy, Cocos, Jojo's, and Baxter's. All of these past Dublin businesses have, not unlike the proposed use, enjoyed positive brand name recognition during their time. We feel it is tremendously important NOT to rely on the "brand" while considering this important appeal. Furthermore we have concerns regarding the specific parking lot and immediate areas. The current parking requirements( retail one space per 300 squaze feet and restaurantlfood services one space per 100 square feet) was adopted specifically f or use of this nature. The one space per 100 feet is designed to accommodate a use that experiences large traffic volumes in a concentrated period of time as is in this case. We believe, as it is stated, in the original proposal to "create" additional parking spaces in the street present's two significant problems. Currently, street parking on Village Parkway is problematic as it reduces one's ability to observe on-coming traffic unless you aze already partially in the driving lane. (I.e. Dublin Post Office) When one exits this parking lot from Village Parkway one may have to cross two lanes of traffic immediately ATTACHMENT 3 before entering a turning lane. Another challenge regazds the five spaces of on street parking located on Village Parkway. This would require pazking behind this retail complex, walking around the building pass the two other retail locations, or down the sidewalk around the corner to the main entrance of this establishment. We are highly doubtful that potential customers would use those street spaces and walk that distance without having attempted to find parking spaces within the shopping center proper. It is the added vehicle movements in errtering and exiting this pazking lot as well as the necessity to circle azound through a series of U-toms in order to make a second attempt as to securing a parking spot. Should a potential customer choose to use one of the 5 Village Parkway on street pazking spaces it becomes 1~7cely that a parallel maneuver would be required, which in itself would require the stoppage of traffic in the right lane. Finally, the notion that a potential customer would pazk in the street, located quite a ways from their destination, in the rain or other inclement weather is extremely doubtful. It is not reasonable at all to consider that the 5 Village Parkway street spaces aze truly functional for this proposed use. 1Zegazding the report/analysis compazing this Stazbuck's location with another Stazbuck's location 400 miles away in Southern California shows far too few similarities to accurately gage the potential traffic flow at the Dublin Starbuck's location. In this report the Southern California. location was 26% smaller thus to gage the final figures a 26% adjustment was forced to be made. The Southern California location is situated neaz a freeway entrance. The report had no references to the volume of walk-up traffic, such as being located next to an office complex, schools, etc. In a cursory observation at the Starbuck's location on Dublin Blvd. and Regional Street the 28 cars per hour by faz under represented the vehicle traffic indicated in the above mention report. This report simply lacks specific fundamental, comparable data to be considered a relevarn comparison to the proposed project. Regazding the traffic study....this was compiled hastily some two and %2 years ago. There are many vaziables that exist today that didn't exist in November 2002. Such as; the influx of vehicles from the Dougherty valley, the expansion of the Valley Center, remodel of A.M-P.M. mini market, increased enrollment in schools, new senior housing, and remodeled Tazget Store/ExpoDesign center. This 2002 traffic study lacks resent and importarn details required to evaluate the safety of this corner under currern conditions. It is our overriding concern that no matter what subsequent traffic studies occur there is no possible way to eliminate even a small increase of vehicle traffic on the residential portion of Amador Valley Blvd. Being mindful that Amador Valley Blvd. is a main artery for our children to get to and from school. This community places our children and their safety above all else and we sincerely hope the planning commission will do the same. This appeal has been respectfully prepared on behalf of Cauchi Photography, Boblii CauC c~u~ ~~~'--^~ Cauchi Photography 7063 Village Pazkway Dublin, Ca 94568 }/. ,~ ~~., -~-7 s--i ~c~ EPC Enea Properties Company, LLC RECE~yED APR Z 8 ~ DUBLIN PLAN(dING Applicant Written Statement Dear Planning Commissioners, Enea Properties Company, LLC 190 Hartz Ave., Ste. 260 Danville, CA 94526 (925) 314-1470 fax (925) 314.1475 rse~st-michael-investments.com This statement is written in defense of the Conditional Use Permit Approval that was granted to Village Parkway Partner's, LLC in reference to the commercial project located nt the southeast corner of Village Porkwny and Amador Valley Blvd. This former gas station site, which has been vacant and abandoned for the Inst six years is currently under construction with completion expected to occur by October 2005. For the last three year I have worked very closely with the City Planning Staff to design and build a pro ject that is consistent with the intent of the Village Parkway Specific Plan and all applicable City zoning ordinances. We have atsked for, and have been granted, a parking reduction by the zoning administrator to accommodate the projects anchor tenon#, Stnrbucks. More importantly, Stnrbucks will allow us to attract other qunli#y tenants to the project which is essential because of stiff competition from other east Dublin retail projects. The City of Dublin Zoning Ordinance classifies Stnrbucks as an "eating and dinning establishment" which requires n parking ratio of 1 space per 100 square feet. No other City in the Bay Area has such a stringent parking requirement. (See Table A below) Table A Parking Requirements fora 1,886 square Foot Stnrbucks Located in a Shopping Center with other Retail Tenantsl (assumes no outdoor seating) Classification Parking Ratio Parking Required Dublin eating & dining 1 per 100 19 spaces San Ramon eating & dining 1 per 200 10 spaces Danville general retail 1 per 170 11 spaces Pleasanton general retail 1 per 200 10 spaces Concord general retail 1 per 200 10 spaces Berkeley general retail 1 per 200 10 spaces Walnut Creek general retail 1 per 250 8 spaces t Table A was prepared based on individual telephone conversations with planners from e~ ~ ~~~~ 1 No warranty ar representation, express or implied, is made as to the acuracy of the information contained herein, and same is submitted subject to errors, omissions, changes of price, rental or other conditions, withdrawal without notice and to any special listing conditions, imposed by the principals. Under the current Zoning Ordinance, Starbucks is treated as a full service restaurant similar to an Applebee's, Black Angus. or Outback Steakhouse. As you know, Starbucks does no cooking or food prepQrntion. onsite nor do they serve ~.brenkfast, lunch or dinner. . I feel that we hove adequately addressed the traffic and. parking issues associated with- Starbucks intended use of the premises. As port of the Conditional use Permit Applicotion, we worked closely with the .Staff and - the City Engineer to address and mitigate any potential adverse impacts. that may result from. Starbucks.- In addition to the City's' Traffic and Parking Report, we voluntarily commissioned .Omni-Means, LTD to conduct, an ~ independent Traffic dad Parking: 5#udy to corroborate and confirm that-there would be no adverse impacts to .traffic and. parking.- The results of both Traffic and. ,Parking Studies are conclusive,. no . adverse impacts in traffic or parking will, occur as n result of .Starbucks intended use of the premises.- We have• worked in cooperation with the Planning .Staff to .get this project to. its current stage of developrrrent: The culmination of extensive planning cad design has .yielded a good looking, high quality • project that will be a fine addition to the community. Good, well design+~d projects attract good, high quality tenants; Starbucks is one of those tenants that we need to .anchor- this center, and make it a success. In conclusion, I feel strongly. that we have addressed and mitigcted all of the concerns of ~ the Appellant associated with traffic and parking. I . thank you for your consideration. and support of our Project. Sincerely, ~~' ~ . Robert •5. Enea Managing Member . Village Parkway Partners, LLC 2 RESOLUTION N0.04 - 40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT FOR AMENDMENTS TO PLANNED DEVELOPMENT PA 98-449, SITE DEVELOPMENT REVIEW AND MASTER SIGN PROGRAM FOR ROBERT ENEA OFFICE AND RETAIL CENTERS LOCATED AT 7197 VILLAGE PARKWAY, PA 03-069 WHEREAS, City Council adopted Ordinance No. 21-98 which established Planned Development District PA 95-049 on December 15, 1998, which established development standards and architectural guidelines for the project site; and WHEREAS, City Council adopted the Village Parkway Specific Plan and Initial StudylNegative Declaration on December 19, 2000, which established development standards, land uses, and goals for the Specific Plan Area; and WHEREAS, the Alameda County Environmental Protection Division has issued a closure letter dated March 11, 2002, for clean up completed at the site, which was a former gasoline station, and Clayton Group ~rvices, Inc., has issued conclusions and recommendations found in the Phase I Environmental Assessment report, dated May 30, 2003; and WHEREAS, the application has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City Environmental Guidelines, and determined to be consistent with the Negative Declaration prepared for the Village Parkway Specific Plan, PA 99-054, adopted by the City Council on December 19, 2000, as the Specific Pian anticipated land uses for the site such as the retail/commercial and office land uses proposed; and WHEREAS, Enea Properties Company, LLC, has submitted a development application for a new x,582-square-foot office building and new 8,539-square-foot retail center at 7197 Village Parkway, pursuant to the provisions of PD 98-049 and the Village Parkway Specific Plan; and WHEREAS, the Applicant proposes minor amendments to Planned Development PA 98-049 by means of a Conditional Use Permit pursuant to Section 8.32.080 of the Zoning Ordinance; and WHEREAS, the development project includes applications for a Conditional Use Permit, Site Development Review and Master Sign Program pursuant to provisions of PD 98-049, the Zoning Ordinance, and the Village Parkway Specific Plan; and WHEREAS, the Planning Commission did hold a public hearing on the Conditional Use Permit, Site nevelopment Review and Master Sign Program on May 11, 2004; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and ATTACHMEI~j S WHEREAS, the Staff Report was submitted recommending Planning Commission approval of a resolution approving a Conditional Use Permit, Site Development Review and Master Sign Program; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Conditional Use Permit, Site Development Review and Master Sign Program: 1. The proposed minor amendment to the east side yard setback that reduces the required setback from a minimum of 25 feet to a minimum of 10 feet substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning District Ordinance for the site because alternative measures have been incorporated into the project to protect the adjacent residential uses from possible adverse impacts to lighting, noise and privacy. Furthermore, the proposed development has been sited in the northernmost part of the parcel to provide the greatest separation between the new building and the existing homes. 2. The proposed minor amendment to the internal vehicle separation that would remove internal vehicle access requirements from the PD District substantially complies with and does not materially change the provisions or intent of the Planned Development Zoning District Ordinance for the site because an alternative measure has been incorporated into the project to provide future enhanced pedestrian access to the property to the south at the time that this property is redeveloped and the existing drive-through lane is removed, consistent with Village Parkway Specific Plan goals. 3. The Proposed Site Development Review and Master Sign Program meet the purpose and intent of Chapter 8.104 of the Zoning Ordinance because they will promote orderly, attractive and harmonious site and structural development compatible with surrounding properties and neighborhoods, especially with the residential area to the east due to the building orientation, parking and landscaping of the site layout; and ;. The Site Development Review and Master Sign Program are consistent with the general provisions, intent, and purpose of the Site Development Review provisions of the Zoning Ordinance m that it contains all information required by Chapter 8.104 of the Zoning Ordinance and accomplishes the objectives of Chapter 8.104, A through J, of the Zoning Ordinance; and 4. The subject site is physically suitable far the type and intensity of the development being proposed because it is located within a developed downtown area, vv~as previously developed, and because it is located adjacent to roadwa}rs which are designed to carry traffic that would be generated by the proposed types of uses; and ~. Architectural considerations, including the character ,scale, and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screemng of exterior appurtenances, exterior lighting and similar elements have been incorporated into the project and as conditions of approval in order to insure compatibility of this development with the development's design concept and the character of adjacent buildings, neighborhoods, and uses; and 6. Landscape considerations have been incorporated to ensure visual relief and an attractive environment for the public; and 7. The proposed amendment 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 because the project has been built according to City laws and regulations; and ~. The proposed amendment is consistent with the Retail/Office designation of the Dublin General Plan and the proposed development standards are permitted by said designation; and 9. The proposed amendment is consistent with the goals and standards of the Village Parkway Specific Plan because it will provide neighborhood-serving uses and promote enhanced pedestrian access and amenities. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve a Conditional Use Permit, Site Development Review, and Master Sign Program, for project plans, included as Exhibit A, and the proposed Master Sign Program, included as Exhibit B, stamped approved and dated May I1, 2004, subject to the Conditions of Approval, as follows. CONDITIONS OF APPROVAL _Unless stated otherwise all Conditions of Approval shall be complied with prior to the issuance of buildine vermits or establishment of use and shall be subject to Department of Community Development review and ~~roval The following codes represent those departments/agencies responsible for monttonn~ compliance of the conditions of approval •lADMl Administration/ City Attorney (Bl Buildtntl Drvtslon of the Communtt}j Development DenartmentLjDSR] Dublin San Ramon Services District (Fl Alameda County Fire De„QartmentlCity of Dublin Fire Prevention (FIN] Finance Department fPLI Planning Division of the Community Development Department fP0] Police [PW] Public works Department. NO. CONDITION TEXT RESPON. WHEN HOV-' IS AGENCY/ REQ.? CONDITION DEPART. SATISFIES? GENERAL CONDITIONS I l . Approval. This Site Development Review approval for the Enea PL Ongoing Standard OfficelCommercial Project, PA03-069, establishes the detailed design concepts and regulations for the project Site Development Review far Enea Office/Commercial Project, 7197 Village Parkway, including a Master Sign Program. Development pursuant to this Site Development Review is conditioned upon the requirement that the development be consistent with the approved ~ Planned Development (PD) Rezoning, including the Land Use and Development Plan, and the related General Provisions, and Standards and Conditions, and shall generally conform to the Preliminary Architectural Plans prepared by William Wood Architects, dated received March 16, 2004; Preliminary Grading and Drainage Plan prepared by Debolt Civil Engineering, dated received April 16, 2004; Preliminary Utility Plan prepared by JED, dated received April 16, 2004; Master Sign Program prepared by Arrow Sign Company, dated April 21, 2004; and Preliminary Planting Plan prepared by Borrecco/Killian & Associates, dated received April 19, 2004, unless modified by the Conditions of A royal contained herein. 2_ Standard Public Works and Site Development Review PL, PW On-going PW Conditions of Approval. Applicant/Developer shall comply with all applicable City of Dublin Standard Public Works {Exhibit A) and Site Development Review Conditions of Approval incorporated herein. In the event of a conflict between the Standard Public Works Conditions of Approval and these Conditions, these conditions shall revail. 3, Term. Pursuant to Section 8.96.020.D., approval of the Conditional PL On-going Zoning Np, CONDITION TEXT RESPON. WHEN How is -' AGENCY/ REQ.? CONDITIOn DEPART. SATISFIED? Use Permit and Site Development Review shall be valid for one Ordinance vear from effective date. If construction has not commenced by that time or extended per the following means, this approval shalt be null and void. Commencement of construction shall mean the actual construction pursuant to the permit approval or demonstrating substantial progress toward commencing such construction. The approval period for Site Development Review may be extended six (6) additional months by the Director of Community Development upon determination that the Conditions of Approval remain adequate to assure that the above stated findings will continue to be met. Applicant) Developer must submit a written request for the extension prior to the expiration date of the Site Develo ment review. .r}. Village Par[cway Specific Plan and Initial StudylNegative PL On-going Village Declaration. Applicant/Developer shall comply with all applicable Parkway mitigation measures of the Village Parkway Specific Plan and Specific companion Initial Study/Negative Declaration, and Mitigations Plan Measures that have not been made specific Conditions of Approval of this project, thereby superceding the pertinent Mitigation Measures referenced in those documents. The City shall determine which of the requirements from these prior approvals are a licable at this sta a of a royal. 5, Revocation. The SDR will be revocable for cause in accordance PL On-going Zoning with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any Ordinance violation 'of the terms or conditions of this approval shall be subject to citation, and if non-com fiance continues, otential revocation. 6. Fees. ApplicantlDeveloper shall pay all applicable fees in effect at FIN Prior to Municipal the time of building permit issuance, including, but not limited to: issuance of Code I'la~ining fees; Building fees; Dublin San Raman Services District Building fees; Public Facilities fees; Dublin Unified School District School Permits Impact fees; Public Works Traffic fees; City of Dublin Fire Services fees; Noise Mitigation fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and V4'ater Connection fees; and any other fees as noted in the Development Agreement. Unissued building permits subsequent to new ar revised TIF's shall be subject to recalculation and assessment of the fair share of the new or revised fees. If the Development Agreement approved for this project conflicts with this condition, the Develo ment A reement shall revail. ~, Required Permits. Applicant/Developersha)l obtain all necessary PL, PW, B Prior to State and applicable permits required by other agencies including, but not issuance of Regional limited to, Alameda County Public Works, Alameda County Flood Building Agencies Control District (Zone 7); California Department of Fish and Permits Game; Army Corps of Engineers; and State Water Quality Control Board, and shall submit copies of the permits to the Department of Public Works. ApplicandDeveloper shat! also apply, pay all required fees and obtain permits from PG&E for power service connection re uired to ever ize traffic si als and streetli hts. g, Postal Service. Applicant/Developer shall confer with local postal PW, B Prior to Standard authorities to determine the type of mail units required and provide issuance of a letter from the Postal Service stating its satisfaction with the mail Building units proposed. Specific locations for such mail units shall be Permits ~O, CONDITION TEXT RESPON. WHEN How is AGENCY/ REQ.? CONDITION DEPART. SATISFIED? subject to approval and satisfaction of the Postal Service and the Director of Community Development and City Engineer. A plan showing the locations of all mailboxes shall be submitted for review and a royal b the Ci En ineer. 9 Hold Harmless/Indemnification. Applicant/Developer, and any Applicant On-going Standard . parties or individuals granted rights-of--entry by Applicant/ Developer, shall defend, indemnify, and hold 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 {a} to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Director of Community Development, Zoning Administrator, or any other department, committee, or agency of the City concerning a subdivision or other development which actions are brought within the time period provided for in Government Code Section 66499.37 and (b) holding the City liable for any damages or wages in connection with the construction of the parks; provided, however, that the Applicant/ Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the ApplicantlDeveloper of any said claim, action, or proceeding and the Ci 's full actions or roceedin~s. 10 Clarifications and Changes to the Conditions. [n the event that PL, PW On-going Standard . there needs to be clarification to these conditions of approval, the Directors of Community Development and Public Works have the authority to clarify the intent of these conditions of approval to the Applicant/Developer by a written document signed by the Director of Community Development and the City Engineer and placed in the project file, also have the authority to make minor modifications to these conditions in order for the Applicant/Developer to fulfill needed improvements or mitigations resultin from im acts to this ro~ect. 1 1 Projected Timeline. Applicant/Developer shall submit a projected PO Prior to Standard . timeline for project completion to the Dublin Police Services issuance of Department, to allow estimation of staffing requirements and Building assienments. Permits 12 Prevailing Wage. All public improvements constructed by PW Prior to Labor . Developer and to be dedicated to the City are hereby identified as acceptance of Code "public works" under Labor Code section 1771. Accordingly, improvements section Developer, in constructing such improvements, shall comply with by City 1771 the Prevailin Wa e Law Labor Code, sects. l 720 and followin Council 13. Construction Hours. Standard construction and grading hours PW Prior to Standard shall be limited to weekdays (Monday through Friday) and non- acceptance of City holidays between the hours of 7:30 a.m. and 6:00 p.m. The improvements ApplicantlDeveloper may request reasonable modifications to by City Council such determined days and hours, taking into account the seasons, impacts on neighboring properties, and other appropriate factors, i by submitting a request form to the City Engineer/Public Works Director. For work on Saturdays, said request shall be submitted no later than 5:00 p.m. the prior Wednesday. Overtime inspection rates will a 1 for all after-hours, Saturda ,and/or holida work. NO. CONDITION TEXT RESPON. WHEN How Is AGENCY/ REQ.? CONDITIO[~ DEPART. SATISFIED? PUBLIC WORKS 14. Improvement and Grading Plans. Al] improvement and PW Prior to Standard grading plans submitted to the Public Works Department for issuance of review~lapproval shall be prepared in accordance with the Grading/Site approved Tentative Map, these Conditions of Approval, and the work PetTttit City of Dublin Municipal Code including Chapter 7.16 (Grading Ordinance). When submitting plans for review/approval, the ApplicantlDeveloper shall also fill-out and submit a City of " Dublin Improvement Plan Review Checklist (three 8-1/2" x 11 pages). Said checklist includes necessary design criteria and other pertinent information to assure that plans are submitted in accordance with established City standards. The plans shall also reference the current City of Dublin Standard Plans (booklet), and shall include applicable City of Dublin Improvement Plan General Notes (three 8-1/2" x 1 1" pages). For on-site improvements, the ApplicantlDeveloper shall adhere to the City's On-site Checklist (eight 8-1/2" x 1 I"pages). All of these reference documents are available from the Public Works De artment call tele hone 925-833-6630 for more information . 15. Grading/Sit@work Permit. All site improvement work and PW Prior to Standard public right-of--way work must he performed per a issuance of Grading/Sitework Permit issued by the Public Works Grading/Site Department. Said permit will be based on the final set of work Permit improvement plans to be approved once all ofthe plan check comments have been resolved. Please refer to the handout titled Grading/Site Improvement Permit Application Instructions and attached application (three S-l!2" x 1 1"pages) for more information. The AppiicantJDeveloper must fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit issuance, although the Applicant/Developer will be responsible for an ado ted increases to the fee amount. 16. Erosion Control during Construction. ApplicantlDeveloper PW Prior to NPDES shall include an Erosion and Sediment Control Pian with the issuance of Permit Grading and Improvement plans for review and approval by the GradinglSite City Engineer/Public Works Director. Said plan shall be work Permit designed, implemented, and continual)}'maintained pursuant to and during the City's NPDES permit between October 15t and April 15~' or construction. beyond these dates if dictated by rainy weather, or as otherwise directed by the City En ineerlPublic Works Director. 17. Water Quaiity/Best Management Practices. Pursuant to the PW Prior to NPDES Alameda Countywide National Pollution Discharges Elimination issuance of Permit Permit (NPDES) No. CAS0029831 with the California Regional Grading/ Water Quality Control Board (RWQCB), the Sitework Applicant/Developer shall design and operate the site in a Permit manner consistent with the Start at the Source publication, and according to Best Management Practices to minimize storm water pollution. In addition to the biofiltration swales proposed i along the perimeter of the site, in-line filtration devices may be necessary to serve runoff areas that will not drain to biofiltration swales due to grading constraints. All trash dumpsters and recycling area enclosures that are not located inside the building Np, CONDITION TEXT RESPON. WHEN How is AGENCY/ REQ.? COND1TlOh DEPART. SATISFIED' shall have roofs to prevent contaminants from washing into the storm drain system. The applicant shall file a Notice of Intent with the RWQCB and shall prepare and submit a Storm Water Pollution Prevention Plan for the City Engineer/Public Works ~ Director's review/approval. Finally, all storm drain inlets serving vehicle parking areas shall be stenciled "No Dumping - Flows to Bay" using stencils available from the Alameda Countywide Clean Water Pro ram. 1 S. Storm Water Treatment Measures Maintenance Agreement. Prior to NPDES Applicant/Developer shall enter into an agreement with the City of acceptance Permit Dublin that guarantees the property owner's perpetual of maintenance obligation for all storm water treatment measures improvem- installed as part of the project. Said agreement is required ents by City pursuant to Provision C.3.e.ii of RWQCB Order R2-2003-0021 for Council the reissuance ofthe Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be ro erl o erated and maintained. 19. Construction Noise Management Program/Construction PL, PW, B Prior to Municipal Impact Reduction Plan. ApplicandDeveloper shall conform to the acceptance of Code following Construction Noise Management Program/Construction improvements Impact Reduction Plan. The following measures shall be taken to by City reduce construction impacts: Council a. Off site truck traffic shall be routed as directly as practical to and from the freeway (I-580) to the job site. Primary route shall be from I-680 to St. Patrick Way, or from I-580 to San Ramon Road to Amador Valley Boulevard. An Oversized Load Permit shall be obtained from the Citz; prior to hauling of any oversized loads on City streets. b. The construction site shall be watered at regular intervals during all grading activities. The frequency of watering should increase if wind speeds exceed 15 miles per hour. Watering should include all excavated and graded areas and material to be transported off-site. Construction equipment shall use recycled or other non- potable water resources where feasible. c. Construction equipment shall not be left idling while not in use. d. Construction equipment shall be fitted with noise muffling devices. e. Mud and dust carried onto street surfaces by construction vehicles sha{1 be cleaned-up on a daily basis. f. Excavation haul trucks shall use tarpaulins or other effective covers. g. Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving should be completed as soon as possible. h. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following ! methods: 1. Inactive portions of the construction site shall be NO. CONDITION TEXT RESPON. WHEN HOW I5 AGENCY/ REQ.? CONDITION DEPART. SATISFIED'! seeded and watered until grass growth is evident. 2. All portions of the site shall be sufficiently watered to prevent dust. 3. On-site vehicle speed shall be Limited to 1 S mph. 4. Use of petroleum-based palliatives shall meet the road oil requirements of the Air Quality District. Non-petroleum based tackifiers maybe required by the City Engineer/Public Works Director. i. The Department of Public Works shall handle all dust complaints. The City Engineer/Public Works Director ma}~ require the services of an air quality consultant to advise the City on the severity of the dust problem and additional ways to mitigate impact on residents, including temporarily halting project construction. Dust concerns in adjoining communities as wel l as the City of Dublin shall be addressed. Control measures shall be related to wind conditions. Air quality monitoring of PM levels shall be provided as required by the CiTy Engineer/Public Works Director. j. Construction interference with regional non-project traffic shall be minimized by: 1, Scheduling receipt of construction materials to non- peak travel periods. 2. Routing construction traffic through areas of least impact sensitivity. 3. Routing construction traffic to minimize construction interference with regional non-project traffic movement. 4. Limiting lane closures and detours to ot~ Veak travel periods. 5: Providing ride-share incentives for contractor and subcontractor personnel. k. Emissions control of on-site equipment shall be minimized through a routine mandatory program of low- emissionstune-u s. 2d. Geotechnical Report and Recommendations. The PW, B Prior to Standard Applicant/Developer shall provide a site specific geotechnical issuance of report prepared by a reputable geotechnical engineer. The Grading/5ite Geotechnical Engineer shall certify that the project design work Permit conforms to the report recommendations prior to issuance of a or Building Grading/Sitework Permit or Building Permit. Ali report Permit, and recommendations shall be followed during the course of grading during and construction. construction 21. Street Trees and Landscaping. 24" bax-sized street trees shall be PL, PW Prior to Village planted at 30' on center spacing along east side of Village Parkway issuance of Parkway and south side of Amador Valley Boulevard fronting the property Grading/Site Specific Pian and. shall substantially comply with proposed site plan. Said trees work Permit shall be placed in 4' by 4' tree wells with cast iron grates positioned at the back of sidewalk. The tree variety shall be as ~ determined by the City Engineer/Public Works Director. After project acceptance, these trees and the associated irrigation system shall be maintained by the owner. Applicant/Property Owner shall gyp, CONDITION TEXT RESPON. WHEN xow Is AGENCY/ REQ.? CONDITION DEPART. SATISFIED? landscape, irrigate and maintain landscaping areas adjacent to tl~e plaza that are within the public right-of--way. Landscaping areas and associated irrigation systems shall remain the responsibility of the ro ert owner in a etui 22. Village Parkway Street Improvements. Street widths shall be 8 PL, PW On-going Village feet in width along Village Parkway and 10 feet in width along Parkway Amador Valley Boulevard adjacent to the project as shown on Specific Plan ro'ect Develo ment Plans. 23. Stop Controls. Stop control devices for vehicles, including an Rl PW Prior to Standard STOP sign, STOP pavement legend, ] 2"-wide white stop bar issuance of Grading/Site stripe, and appropriate delineation, shalt be provided at the work Permit following locations: a. At the two exit aisle approaches to Amador Valley Boulevard and Villa e Parkwa . 24. Address Numbering System. After the final Parcel Map records PW, B Prior to Standard but before Building Permits are issued, the ApplicantlDeveloper issuance of Building shall propose address numbers for each building/retail unit based on the address grid utilized within Alameda County and available Permits from the Dublin Building Official. The addressing scheme is subject to review and approval by the City and other interested outside agencies. Signs shall be prominently displayed on Village Parkway and Amador Valley Boulevard that identify all addresses within the development. Addresses are required on the front and rear of each building. Retail building requires address ranges to be posted on the street side of each buildings, or as otherwise re uired b the Buildin Official and Fire Marshal. 25. Site Accessibility Requirements. All disabled access ramps, B, PW Prior to UBC Title 24 parking spaces for the disabled, and other physical site issuance of /ADA and improvements shall comply with current UBC Title 24 /ADA Occupancy Permit Dublin Standards for requirements and City of Dublin Standards for accessibility. Accessibilih~ 26. Relocation of Existing Improvements/Utilities. Any necessary PW Prior to Standard relocation of existing improvements or utilities shall be acceptance accomplished at no expense to the City. of improv- ements by City Council 27. Joint Utility TrencheslUndergroundinglUtility Plans. PW Prior to Standard Applicant/Developer shall construct all joint utility trenches acceptance (including electric, telecommunications, cable TV, and gas) in of accordance with standards enforced by the appropriate utility improveme nts by City agency. All vaults, electric transformers, cable TV boxes, blow- Council off valves and other utility features shall be placed underground and located behind the proposed sidewalk within the public service easement, unless otherwise approved by the City Engineer/Public Works Director. Conduit shalt be under the public sidewalk within the right of way to allow for street tree planting. Utility plans showing the location of all proposed utilities shall be reviewed and approved by the City En ineer/Public Works Director rior to installation. NO. CONDITION TEXT RESPON. WHEN >KOw is AGENCY/ REQ.? CONDITIO. DEPART. SATISi1 tED~ 28. Temporary Construction Fencing. Temporary Construction PW Prior to Standard fencing shal I be installed along the perimeter of all work under issuance of construction to separate the construction operation from the final public_ All construction activities shall be confined to within the Occupancy Permit or fenced area. Construction materials and/or equipment shall not be acceptance of operated or stored outside of the fenced area or within the public public right-of--way unless approved in advance by the City improvements Engineer/Public Works Director. by the City Council. 29. Damage/Repairs. The App[icant/Developer shall be responsible PW Prior to Standard for the repair of any damaged pavement, curb & gutter, sidewalk, acceptance of or other public street facility resulting from construction activities improvements associated with the development of the project, to the satisfaction by City Council of the Ciri En ineer/Public Works Director. 30. Occupancy Permit Requirements. Prior to issuance of an PW, PL, B Prior to Standard Occupancy Permit, the physical condition of the project site shall issuance of meet minimum health and safety standards including, but not Occupancy Permit limited to the following: a. The streets and walkways providing access to each building shall be complete, as ,_ determined by the City Engineer/Public Works Director, to allow for safe, unobstructed pedestrian and vehicle access to and from the 51tC. b. All traffic control devices on streets providing access to the site shall be in place and fully functional. c. All street name signs and address numbers for streets providing access to the buildings shall be in place and visible. d. Lighting for the streets and site shall be adequate for safety and security. All streetlights on streets providing access to the buildings shall be energized and functioning. Exterior lighting shall be provided for building entranceslexits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. e. All construction equipment, materials, or on-going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means approved by the City Engineer/Public Works Director. f. All fire hydrants shall be operable and easily accessible to City and ACFD personnel. g. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) shall be installed and fully functional. h. All landsca in ,walls and screenin shall be installed. 31. Environmental Site Assessment. According to the environmental Pte' On-going, ACDEH, the assessment report prepared by Clayton Group Services, Inc. dated Through Fire Marshal, 10 ~O, _ CONDITION TEXT RESPON. WHEN xow Is AGENCY! REQ.? CONDITION DEPART. SATISFIED? OSJ30/03, four underground fuel storage tanks (UST) were closed Completion and the City and removed from the site according to Alameda County of Project and Department of Environmental Health (ACDEH) requirements and Prior to protocols. If, during construction of the Project, presently- issuance of unknown hazardous materials are discovered, the Occupancy Permit(s). AppticantlDeveloper shall adhere to the requirements of ACDEH, the Fire Marshal, the City, and/or other applicable agency to mitigate the hazard before continuing. The ApplicantlDeveloper shall monitor and address any hydrocarbons residual found in the ~ soil during excavationltrenching and prepare a site safety plan to be submitted to the Director of Public Works, and ACDEH. 32, Release of Security. When all improvements governed by the PW Prior to Standard Grading Permit are complete to the satisfaction of the City acceptance of Engineer/Public Works Director, the City Engineer will release the improvements Security. Prior to the bond release the Applicant/Deveioper shalt by City furnish the following to the City: Council. a. As-Built or Record Drawings printed on mylar of all Improvement Plans and maps associated with the project. b. A recorded copy of the Covenants, Conditions, and _ Restrictions that govern the project. c. A Declaration or Report by the project Geotechnical Engineer confirming that all geotechnical and grading work associated with the project has been performed in accordance with the Engineer's recommendations. d. Payment of any outstanding City fees or other debts. e. Any other information deemed necessary by the City En ineer/Public Works Director. 33. Geographic Information System. Once the City Engineer/Public PW Prior to Standard Works Director approves the development project, a digital acceptance of vectorized file on floppy or CD ofthe Improvement Plans shall be improvements submitted to the City and DSRSD. Digital raster copies are not by City acceptable. The digital vectorized files shall be in AutoCAD 14 or Council. higher drawing format or ESRI Shapefile format. Drawing units shall be decimal with the precision of 0.00. All objects and entities in layers shall be colored by layer and named in English, although abbreviations are acceptable. Al! submitted drawings shall use the Globa[ Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. Said submittal shall be acceptable to the City's GIS Coordinator. TRAFFIC AND PARKING Voluntary Traffic Mitigation Contribution or TIF. The developerlapplicant shall pay Voluntary Traffic Mitigation Contributions based on the number of daily vehicle trips generated by the project or as determined by the Public Works Director. Alternatively, the developer/applicant shall pay the Traffic Impact Fee in effect at the time building permits are issued for each phase of the project, assuming City adoption of a Downtown Traffic Impact Fee Program. PW, B, FIN Prior to Applicant issuance of Building Permits j5. Bicycle Racks. Bicycle racks shall be installed near the entrances PL, PW Prior to Zoning to the office and retail buildings as shown on project plans. issuance of Ordinance Bicycle racks shall be designed to accommodate a minimum of Occupancy Np, CONDITION TEXT RESPUN. WHEN How is ' AGENCY/ REQ.? COIYDITtor DEPART. SATISFIED? four bicycles per rack, and so that each bicycle can be secured to Permit(s). the rack. The location of the bicycle racks shall not encroach into any adjacentladjoining sidewalks in a manner that would reduce the unencumbered width of the sidewalk to less than 4'. Bicycle racks shall be placed in locations where they will have adequate li htin and can be surveilled b the buildin occu ants. 3b. Vehicle Parking. Applicant/Developer shall construct on-site PW, PL Prior to Municipal paved parking areas and spaces for guest, and tenant parking issuance of Code according to the zoning requirements of the use. Occupancy of Occupancy each phase of development will be dependent upon Permit(s) ApplicandDeveloper completing the necessary parking areas to serve that phase. All parking spaces shall be double striped using 4" white lines according to Figure 76-3 and Code §8.76.070 (A} 17 of the Municipal Code. All compact-sized parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. 32"-wide concrete step-out curbs shall be constructed at each parking space where one or both sides abuts a landscaped area or lanter. 37, Parking Prohibitions/Restrictions. Vehicle parking shall be F, PW On-going Fire Code prohibited/restricted in the following locations. This parking prohibition shall be indicated with red-painted curbs, and with R?6F "No Stopping -Fire Lane" signs installed on both sides at a spacing not to exceed 200'. ' a. Prohibited along the south side of Amador Valley Boulevard and east side of Village Parkway. This parking prohibition shall be indicated with 1t26D "No Parking" signs installed at a spacing not to exceed 200'. b, Prohibited or restricted at other locations deemed reasonably necessary by the City Engineer/Public Works Director Burin final desi nand/or construction. PLANNING 38. Outdoor Seating. Outdoor seating shall be subject to a Site PL On-going Standard Development Review Waiver to be approved by the Community Development Director or his designee and may be located in appropriate areas in addition to areas specified in the Planned Develo ment re ulations. 39. Pedestrian Access. The Applicant/Property Owner shall not PL On-going Village construct any wall, fence ar other structure that obstructs the future Parkway pedestrian access path identified in the Development Plan. Specific Plan BUILDING & SAFETY 40 Trellis. Sheet A 1, if the trellis is attached or within 8 feet of the B Prior to UBC . building, it shall be constructed from material with a minimum 1- issuance of hour fire rating, such as heavy timber or tubular steel. If the trellis Building Permits were located at least 8 feet from building, a wood structure would be acce table. 41. Soils. The ApplicantJDeveloper shall verify soils conditions where B Prior to EPC farmer tanks were removed with a soils report and more detailed issuance of assessment. The City of Dublin shall require a certification that Building 12 Np CONDITION TEXT RESPON. WHEN xow is _ AGENCY/ REQ.? CONDITION DEPART. SATISFIES' the tanks have been removed and that the soils where the tanks Permits were located meet minimum compactions required by the soils report. The project shall follow the recommendations of the Phase I stud conducted by EPC. 42. Building Codes and Ordinances. Atl project construction shalt B, F Through Completion Uniform Building conform to Uniform Building and Fire Codes as adopted by the City and Fire of Dublin and all building codes and ordinances in effect at the time Codes of building permit. 43 Building Permits. To apply for building permits, B Issuance of Standard. . Applicant/Developersholl submit eight (8) sets of construction Building Permits plans to the Building Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. ApplicandDeveloperwlll be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of buildin ermits. 44 Construction Drawings. Construction plans shall be fully B Prior to Standard . dimensioned (including building elevations) accurately drawn issuance of (depicting all existing and proposed conditions on site), and Building Permits prepared and signed by a California licensed Architect or - Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landsca a Ian and details shall be consistent with each other. 45 Engineer Observation. The Engineer of record shall be retained S Prior to Standard . to provide observation services for all components of the lateral scheduling and vertical design of the building, including nailing, holdowns, the final frame straps, shear, roof diaphragm and structural frame of building. A inspection ~ f written report shall be submitted to the City Inspector prior to schedutin the final frame ins ection. 46. Green Building Guidelines. To the extent practical, the applicant B On-going Standard shalt incorporate Green Building Measures. Green Building Plan shall be submitted to the Buildine Official for review. 47. Energy Conservation. Building plans shall demonstrate the B On-going Standard incorporation of energy conservation measures into the design, construction, and operation of proposed development. ARCHITECTURE 48 Colors and Materials. The Community Development Director PL Prior to SDR Design . or his designee shall have final approval of the building colors Occupancy Guidelines after a test swatch of each color is painted on each of the Permit or Temporary buildings. Building colors and materials shall be generally Occupancy consistent with plans submitted December 29, 2003 and October permit. 30, 2003. ' 49. Awnings. The Community Development Director shall have PL Prior to SDR Design 13 NO. CONDITION TEXT RESPON. WHEN How is AGENCY/ REQ.? CONDITIOI DEPART. SATISFIED'! final approval of all awning colors prior to issuance of a building Occupancy Guidelines permit. Permit or Temporary Occupancy Permit. 50. Lighting Fixtures. Lighting plan shall include lighting fixtures PL Prior to SDR Design that are coordinated with the building architecture, especially issuance of Guidelines along pedestrian walkways and in the center's plaza. The Building Community Development Director or his designee shall have Permits. final a royal of the li tin fixtures. 51. Window Reveal. The retail building's watts along Village PL Prior to Applicant Parkway and in the tower element shall be furred out 4" to 6" issuance of from the window plane as represented by the applicant. Building Permits 52. Walls and Fences. All walls and fences shall conform to PL On-going Zoning Section 8.72.080 of the Zoning Ordinance unless otherwise Ordinance required by this resolution. The six-foot masonry wall along the east property line may be extended by lattice, or other means approved by the Community Development Director, for an _ additional three (3) feet for a total height of nine (9) feet. Constructionlinstallation of common/shared fences for all side and rear ards shall be the res onsibiiity of A licant/Develo er. 53. Wall or Fence Heights. All wall or fence heights shall be a ._ PL, PW On-going Zoning minimum 6 feet high (except in those locations where Section Ordinance 8.7?.080 of the Zoning Ordinance requires Lower fence heights). A11 walls and fences shall be designed to ensure clear vision at all street intersections to the satisfaction of the Ci En ineer. MASTER SIGN PROGRAM j4 Monument Signs. Monument signs shall not have white PL Prior to Zoning . illuminated backgrounds. Sign structures and sign backgrounds issuance of Ordinance shall be coordinated among the retail and office buildings and Building shall be coordinated with the buiidin materials and colors. Permit. 55. Creative Signs. The Community Development Director or his PL On-going Applicant designee may amend the Master Sign Program regtaiations for unusual or creative signs, which meet the intent of the Village Parkway Specific Plan and the Planned Development regulations, and with the landlord's approval, by means of a Site Development Review Waiver. LANDSCAPE ARCHITECTURE 56 Consolidate Utilities. The ApplicantlDeveloper shall consolidate PL, Prior to Standard . water lines, water meters and backflow devices in a location away PW, B issuance of from building signage and outside of traffic safety/visibility areas Building where they can be partially screened from view, such as in the PenY"ts' south landscaping area near the center's vehicle entrance or other appropriate location. The Applicant/Developer shall coordinate placement of these utilities with the City's street improvements 1 and tanned street trees alon Vi][a a Parkwa . 57. Coordination with Village Parkway Street Improvements. The PL, PW Prior to Village Park 14 NO. CONDITION TEXT RESPON. WHEN Ilow is AGENCY/ REQ.? CONDITION DEPART. SATISFIED'' color and design of the paving, landscaping and amenities of the issuance of Specific Plan plaza shall be closely integrated with the City's planned street Encroachment improvements. The Community Development Director shall have Permits. final approval of the paving, landscaping and plaza amenities, which shall be coordinated with the Village Parkway Improvement Pro ~ ect. 58 Final Landscape and Irrigation Plans. The PL Prior to Standard , Applicant/Developer shall submit a Final Landscape and Irrigation issuance of Plan prepared and stamped by a State licensed landscape architect Building or registered engineer, generally consistent with the preliminary Permits. landscape plan prepared by Borrecco~Killian & Associates, Inc,, dated April l9, 2004, except as modified by Conditions of Approval below, along with a cost estimate of the work and materials proposed, for review and approval by the Community Development Director. Landscape and irrigation plans shall be at a scale not less than 1"=l0'. 59. Decorative Railing. The Applicant/Developer shall install a low, PL Prior to Zoning decorative metal railing or fence to be approved by the issuance of Ordinance Community Development Director in the planter along the - Building Permits property Line dividing the retail building and office building to rotect the ro osed lantin s. SQ, Landscaping at Street/Drive Aisle Intersections. The PL, PW, PO On-going Municipal Co ApplicantlDeveloper shall provide a landscaping plan acid shall maintain landscaping such that the landscaping does not obstruct the sight distance of motorists, pedestrians or bicyclists. Except for trees, landscaping at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general ublic surveillance ca abilities of the area. 61. Landscape Screening of Parking. The ApplicantlDeveloper PL Prior to Zoning shall provide a landscaping plan to be approved by the Community issuance of Ordinance Development Director that screens parking with berming or Building Permits combination of berming and landscaping to achieve an immediate 2- to 3-foot tall screen from the finish grade of the parking stalls as viewed from the ad~acent ma'or road. 62. Landscaping of Walls and Trash Enclosures. The PL Prior to SDR Design Applicant/Developer/Developer shall screen all walls and the issuance of Guidelines sides of walls surrounding trash enclosures. The use of vines is Building Permits encouraged. Trash enclosures shall be covered and subject to a royal of the Public Works De artment. 63 Air Conditioning Units. All Air Conditioning units shall be PL Prior to SDR Design , screened from view with either walls or plant material to the issuance of Guidelines satisfaction of the Community Development Director. Building Permits. 64. Utility Screening. All above grade utilities shall be screened PL Prior to SDR Design from view with either walls or plant material to the satisfaction of issuance of Guidelines the Community Development Director. Building Perm its. 6S. Standard Plant Material, Irrigation and Maintenance PL Prior to Standard 15 gyp, CONDITION TEXT RESPON. WHEN How is AGENCY/ REQ.? CONDITIO. DEPART. SATISF[ED? Agreement. The Applicant/Developer shall complete and submit issuance of to the Dublin Planning Division the Standard Plant Material, Building Irri ation and Maintenance A reement. Permits. 66. Landscape Borders, Commercial area. All landscaped areas PL, PW Prior to Standard shall be bordered by a concrete curb that is at least 6 inches high issuance of and b inches wide, unless designed as part of the planned water Building Permit quality bioswale. Any curbs adjacent to parking spaces must be l2 inches wide to facilitate pedestrian access. All landscape planters within the parking area shall maintain a minimum S-foot radius, or be 2 feet shorter than adjacent parking spaces to facilitate vehicular maneuverin . 67, Plant standards. All trees shall be 24" box minimum; all shrubs PL Prior to Standard shall be 5 gallon minimum. issuance of Building Permits. C8, Maintenance of Landscaping. All landscaping materials within PL Prior to Standard the public right-of--way shall be maintained in perpetuity and on- issuance of site landscaping shall be maintained in accordance with the "City Building of Dublin Standards Plant Material, Irrigation System and - Permits. Maintenance Agreement" by the Developer after City-approved installation. This maintenance shall include weeding, the application ofpre-emergent chemical applications, irrigation, and the replacement of plant materials that die. Any proposed or ~-; modified landscaping to the site, including the removal or replacement of trees, shall require prior review and written a rova! from the Community Develo ment Director. 69. Water Efficient Landscaping Ordinance. The PW Prior to Water Efficie ApplicantlDeveloper shall submit written documentation to the issuance of Landscaping Public Works Department (in the form of a Landscape Building Ordinance Documentation Package and other required documents) that the Permits. development conforms to the City's Water Efficient Landscaping Ordinance. FIRE SERVICES gyp Addressing. The Applicant/Developer shall comply with Fire F, PO Prior to Municipal . Department and Police Services Department requirements for occupancy of Code addressing. Approved numbers or addresses shall be placed on all building. new and existing buildings. The address shall be positioned as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background (CFC, 1998, Section 901.4.4) Pursuant to the Non-Residential Security Ordinance, addressing and building numbers shall be visible from the approaches to the building. Addressing for individual suiteslbusinesses within the project sha1I have the address stenciled on the rear door of the business. '7 ~ . Emergency Vehicle Turning Radius. The corners at the F Prior to Fire Code driveways into the site shall be to allow turning into the site with a occupancy 42' radius without turnip into the far lane of the ublic streets. 72. Emergency Vehicle Access. In accordance with the ACFD F Prior to Fire Code requirements, the Applicant/Developer shall provide emergency combustible vehicle access routes into the project in >;eneral conformance with construction 16 NO. CONDITION TEXT RESPON. WHEN How Is AGENCY/ REQ,? CONDITION DEPART. SATISFIED? the site plan. Applicant/Developer shall demonstrate how or emergency access requirements shall be achieved on the combustible lans to the satisfaction of the City Engineer and the rovement im storage on p p ACFD. (All emergency vehicle access roads (first lift of asphalt) site. and the public water supply including all hydrants shall be in place prior to vertical construction or combustible storage on site). Fire apparatus roadways shall have a minimum unobstructed width of 20 feet (14 feet for one way streets) and an unobstructed vertical clearance of not less than 13 feet 6 inches. Roadways under 36 feet wide shall be posted with signs or shall have red curbs painted with labels on one side; roadways under 28 feet wide shall be posted with signs or shall have red curbs painted with labels on both sides of the street as follows: "NO STOPPING FIRE LANE - CVC 22500.1 ". CFC 1998, Section 1998 . 73. Automatic Sprinklers- Automatic sprinklers shall be provided F, B Prior to Fire Code throughout the building as required by the Dublin Fire Code. If the occupancy buildings have over 100 sprinklers the system shall be monitored of any by UL listed central station. affected buildin 74 ACFD rules regulations and standards. ApplicantlDeveloper F Through Alameda . shall comply with all Alameda County Fire Department (ACFD) completion County Fire rules, regulations, City of Dublin standards, including minimum Department standards for emergency access roads and payment of applicable (ACFD) fees including City of Dublin Fire facility fees. rules, -, reguEations, and Citv of Dublin Standards 75 Fire hydrants. The appiicant/Developer shall ,;onstruct all new F Prior to ACFD and _ fire hydrants in accordance with the ACFD and City of Dublin issuance of City of requirements. (Prior to combustible construction or combustible Building Dublin storage on site). Final locations of fire hydrants shall be Permits Requiremen approved by the ACFD in accordance with current standards. ~ The minimum fire flow design shall be 1500 gallon per minute at 20 psi residual (flowing from a single hydrant). Raised blue reflectorized traffic markers shall be epoxied to the center of the street opposite each hydrant. Sufficient fire flow is required based on building construction and size. Applicant/Developer shall provide information oa the fire flow that is available at the site. This information is available from the DSRSD. 75. Fire Extinguishers. Provide 2A1 OBC fire extinguishers within 75 ft F Prior to Fire Code travel distance of portions of the buildings. An approved sign in occupancy accordance with Uniform Fire Code shall be conspicuously posted of any above the extinguisher. affected buildin '7~ Knox Key Boxes. Provide Knox key boxes at the main entrance to F Prior to ACFD , the buildings at the exterior doors to stair that extend to the 4~' floor occupancy and at any gates. The Knox box shall contain a key that provides of any access to the building or gate. Gates or barriers shall meet the affected requirements of the ACFD. building POLICE SERVICES 78. Li~htint;. The ApplicantlDevelopersha/l prepare a fighting PL, PO, B, Prior to Non- 17 Np, CONDITION TEXT RESPON. AGENCY/ DEPART. WHEN REQ.? How is CONDITIO SATISFIED? isochart to the satisfaction of the Director of Public Works, PW issuance of residential Director of Community Development, the City's Consulting Building Security Landscape Architect and Dublin Police Services. Exterior Permits Ordinance, lighting shall be provided within the parking lot and on the Village Parkway building, and shall be of a design and placement so as not to Specific cause glare onto adjoining properties, businesses or to vehicular ply traffic. Lighting used after daylight hours shall be adequate to provide for security needs (1.0 candle lights at ground level in parking lot areas). The location of light poles and parking lot trees shall be coordinated so that as the tree grows it will not obscure the light nor have to be pruned extensively. Lighting shall be shielded to control spillover to adjacent properties. Exterior lighting is required over all doors. Lighting of all exterior areas shall be designed to maximize surveillance. Li htin fixtures shall be of a vandal resistant e. 79. Non-Residential Security Ordinance. The Applicant/Deveioper PO On-going Non- shall comply with all applicable City of Dublin Non Residential Resident- Security Ordinance requirements. ial a. Addressing and building numbering shall be visible from the _ Securit,t approaches to the building. Addressing for individual Ordinance suites/businesses within the project shall have the address stenciled in the rear door of the business. b. Buildings require a minimum of 5-inch high numbers __, displayed on the building. c. (2} Tenant space numbers shall be a minimum size of 5 inches and be located on all doors. In addition all rear doors or service doors will have the name of the business in 5-inch high lettering. d. Employee exit doors shall be equipped with 184-degree viewer if there is not a burglary resistant window panel in the door from which to scan the exterior. e. Separation walls for individual tenant spaces housed within a common structure shall be solid and continuous from the structure's foundation to roof. f Except for private stairways, stairways shall be designed as follows: i. interior doors shall have glazing panels a minimum of 5 inches wide and 20 inches in height and meet requirements of the Uniform Building Code. ii. Areas beneath stairways at or below ground level shall be fully enclosed or access to them restricted. iii. Enclosed stairways shall have shatter resistant mirrors or other equally reflective material at each Level and landing and be designed or placed in such manner as to provide visibility around corners. g. In office buildings (multiple occupancy), all entrance doors to individual office suites shall meet the construction and locking requirements for exterior doors. h. Exterior landscaping shall be kept at a minimal height and fullness giving patrol officers and the general public surveillance capabilities of the area. Shrubs and ground cover 18 Np, CONDITION TEXT RESPON. WHEN How [s AGENCY/ REQ.? CONDIT[ON DEPART. sAT[SFrEn° shall not directly cover windows and doorways. River rock used near parking lots or commercial buildings shall be permanently affixed_ i. Landscaping features and plaza amenities shall be designed to reduce their attractiveness to skateboarders and vandals. j. All entrances to the parking areas shall be posted with appropriate signs per Sec. 22658(a) of the California Vehicle Code, to assist in removing vehicles at the property owner's/manager's request. k. The Applicant/Developer shall keep the site clear of graffiti vandalism on a regular and continuous basis at all times. I. The ApplicantlDeveloper shall work with the Dublin Police on an ongoing basis to establish an effective theft prevention and security program. m. A "Business Site Emergency Response Card" shall be filed with the Police Department commencing with the initial phases of construction. Current information shall be maintained until the com letion of the ro'ect. DUBLIN SAN RAMON SERVICES DISTRICT SRSD ~Q. Separate Connections. The two parcels shall have separate DSRSD Prior to DSRSD sewer and water connections. issuance of - Building Permits. $] Subject to DSRSD. Prior to issuance of any building pemlit, DSRSD Prior to Standard . complete improvement plans shall be submitted to DSRSD that issuance of conform to the requirements of the Dublin San Ramon Services any Building , District Code. the DSRSD `Standard Procedures, Specifications permit and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and alt DSRSD olicies. 82 Future Flow Demands. All mains shall be sized to provide DSRSD Prior to DSRSD . sufficient capacity to accommodate future flow demands in issuance of Utility addition to each development project's demand. Layout and Building Master sizing of mains shall be in conformance with DSRSD utility Permits. Planning master tannin . 19 NO, CONDITION TEXT RESPON. WHEN HOW IS AGENCY/ REQ.? CONDITIO DEPART. SATISFIED? 83. Sewers. Sewers shall be designed to operate by gravity flov<< to DSRSD Prior to DSRSD DSRSD's existing sanitary sewer system. Pumping of sewage is issuance of discouraged and may only be allowed under extreme Building circumstances following a case by case review with DSRSD permits staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria. and final plans and specifications, The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the Applicant/Developerfnr any project that re uires a um in station. 84, Waterline Design, Domestic and fire protection waterline DSRSD Prior to DSRSD tems for the Commercial Development shall be designed to be issuance sys looped or interconnected to avoid dead end sections in accordance of with requirements of the DSRSD Standard Specifications and Building sound en ineerin ractice. Permits 85. Public Right-of--Way. DSRSD policy requires public water and DSRSD Prior to DSRSD sewer lines to be located in public streets rather than in off-street issuance of locations to the fullest extent possible. If unavoidable, then public Building sewer or water easements must be established over the alignment Permits. of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or re lacernent. g(,. DSRSD Approval. Prior to approval by the City of a grading DSRSD Prior to DSRSD permit or a site development permit, the locations and widths of approval all proposed easement dedications for water and sewer lines shalt of a be submitted to and approved by DSRSD. Grading Permit REFUSE AND RECYCLING g'7 Refuse Collection. The refuse collection service provider shall B Prior to Municipa , be consulted to ensure that adequate space is provided to issuance 1 Code accommodate collection and sorting of petrucible solid waste as of Building well as source-separated recyclable materials generated by this Permits ro' ect. gg Refuse Collection Location. The Applicant/ Developer shall B, PL Prior to , provide designated refuse collection areas for the project, to the issuance of satisfaction of the City Engineer and the Community Building Development Director. Collection areas shall be shown on the Permits Municipal improvement and landscape plans for this phase. Code. ApplicantlDeveloper shall provide "No Parking" signs in designated refuse collection areas. The refuse collection plan shall be approved by the appropriate solid waste collection company prior to approval of improvement plans. The Applicant/Developer shall provide a copy of the recorded shared trash enclosure covenant a Iicable to both ro erties. 89 Recycling. Applicant/Developer shat) provide refuse-recycling B, PW On-going Municipa . collection and conform to the Ci of Dublin's recvclin ro am. I Code 20 PASSED, APPROVED AND ADOPTED this 1 lth day of May, 2004. AYES: Cm. Fasulkey, and Machtmes NOES: Cm. King ABSTAIN: ABSENT: Cm. Nassar and Jennings ATTEST: ~ j I~ Planning nager G:~P.A#',:.003'03-Ob9 Enea Pre-App1PCRESOSDR.DOC ~, 'Planning j L 21 '~ ~/^ /A~ i~ CQ CQ v ~ ~ ,iy, ,. 7 'pi` } sy f k~, 1 i 4 t f i ,r ~ t 11 x ~~ ~_ 1 ~' f: 3 tai ~ ~'~" ~ .L._ { 3 r * ~ ~' ~ ~ ~~ti 1 r fix * yy~ {~~"~# ~? T' 7 _~._ , Y >r. i ' r F~ f~a '~ ~ ~ i t. ~~ r r "~ r ~ ,: t ! ~ ~ ~~, ~ ~~ i ~ + _ ~ ~ ~~ ~ . ~t ~ 1~ t _ ,~ ~` f ~~ sx~ -~ .~ I' ~' °ae I' `(~ ~a ! ~ s i ~'~ 9g ~~~ ~. ~-t~5 ."^~'~"~ ~.~ -~ ______ ~~-~t- ~~_ ~ =~~~ ~ ~~ i~ ~~! E t I 4 ~~~, ~ a-# ATTACHMENT 6 4 Parking Stalls ORDINANCE NO. 21 - 98 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO ADOPT TAE PLANNED DEVELOPMENT REZONING (PA 98-049) OF PROPERTY LOCATED AT 7197 VILLAGE PARKWAY AT THE SOUTHEAST CORNER OF VILLAGE PARKWAY AND AMADOR VALLEY BOULEVARD (APN: 941-210-13) WHEREAS, on July 7, 1998, the City Council instructed staff to initiate a General Plan Amendment Study and/or Zone Change Study to evaluate appropriate uses for the property located at 7197 Village Parkway ("Property") consistent with the desires of the Council to encourage Village Parkway to develop into a vital downtown area with offices, restaurants, cafes, retail services, and other pedestrian-friendly land uses; and WHEREAS, in response to the City Council's direction, staff conducted a preliminary land use investigation for the Property and recommended the following commercial uses: Community-Serving Retail: general merchandise stores, clothinglshoe stores, gifdspecialty stores, book stores, and similaz stores; Office and Service: legal offices, medicaUdental offices, travel agency, hair/beauty salon, other administrative and professional offices, and similar offices and service uses; Eating, Drinking and Entertainment: restaurants, cafes, ice cream shops, video rental, delicatessens, and similar uses; and WHEREAS, Community-Serving Retail, Office and Service, Eating, Drinking and Entertainment uses, as those terms are used in this ordinance, do not include automotive-related uses, such as service .stations, automobilelvehicle brokerage, rental, sales, service and repair; and WHEREAS, on July 21, 1998, the City Council also directed staff to prohibit any drive-through uses on the Property; and WHEREAS, on July 21, 1998, the City Council found that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement that would allow the future use of the Property for automotive related uses, such as service stations, automobile/vehicle brokerage, rental, sales, service and repair, would result in that threat to public health, safety and welfare; and WHEREAS, on July 21, 1998, the City Council adopted aforty-five (45) day moratorium on the acceptance, processing or approval of any applica#ions or permits for subdivisions, use permits, variances, building permits, or any other applicable entitlement on the Property for any uses other than Community- Serving Retail, Office Service, and Eating, Drinking and Entertainment; and WHEREAS, due to staff needing additional time to complete the General Plan Amendment Study to evaluate appropriate uses for the Property, on September 1, 1998, the City Council adopted Ordinance No. 12- 98 which extended for ten (10) months and fifteen (15) days, from September fi, 1998, until July 21, 1999, the forty-five (45) day moratorium it adopted on July 21, 1998; and WHEREAS, staff completed the zone change study and prepared a Planned Development (PD) District Rezone and Development Plan for the Property in compliance with Ordinance No. 12-98, which rezones the Property from the C-2, General Commercial Zoning District to a PD Zoning District; and ATTACHMENT 7 WHEREAS, the application has been reviewed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the City Environmental Guidelines, and determined to be exempt from CEQA because the project will not have the potential for causing a significant effect on the environment. Any future development that is proposed for the project site will be subject to CEQA review; and WHEREAS, the Planning Commission did hold a public hearing on the PD District Rezone, Development Plan on November 10, 1998, and did adopt a Resolution recommending that the City Council approve a Planned Development Rezone and a Development Plan for PA 98-049; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, properly noticed public hearings were held by the City Council on December 1, 1998 and December 15, 1998; and WHEREAS, the Staff Report was submitted recommending that the City Council approve the application; and WHEREAS, the City Council did hear and use its independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. WHEREAS, pursuant to section 8.32.070 and 8.120.050 of the Dublin Municipal Code, the City Council makes the following findings: 1. The Proposed Planned Development Zoning District and Development Plan (Stage 1 and 2) meet the purpose and intent of Chapter 8.32 of the Zoning Ordinance because they will provide retail commercial and office uses that are appropriate for a site which is located at a major intersection within the Dublin's downtown instead of automotive related uses, which would be possible under the requirements of the C-2 Zoning District; and 2. Development under the Planned Development Zoning District and Development Plan (Stage 1 and 2) would be harmonious and compatible with existing and future development in the surrounding areas and especially with the residential area to the south due to the setback, parking and landscape requirements of the Planned Development Zoning District and due to the prohibition of automotive and drive-through uses that would likely cause land use incompatibilities with the adjacent residential uses, and potential noise and air quality impacts; and 3. The PD Rezone is consistent with the general provisions, intent, and purpose of the PD District Zoning District of the Zoning Ordinance in that it contains all information required by Chapter 8.32 of the Zoning Ordinance for a Stage 1 and Stage 2 Development Plan and accomplishes the objectives of Chapter 8.32, A through H, of the Zoning Ordinance; and 4. The subject site is physically suitable for the type and intensity of the zoning district being proposed because it is located within a developed downtown area, was previously developed, and because it is located adjacent to roadways which are designed to carry traffic that would be generated by the proposed types of uses; and 5. The proposed amendment 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 because the project has been 2 built according to City laws and regulations and because the Planned Development Zoning District will limit land uses to those which are appropriate for this site; and 6. The proposed amendment is consistent with the RetaiUOffice designation of the Dublin General Plan and the proposed use types are permitted by said designation. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: SECTION 1. Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the following property ("Property") to a Planned Development Zoning District: Approximately 1.06 acres at 7197 Village Parkway (APN 941-210-13) located at the southeast corner of Village Parkway and Amador Valley Boulevard. A map of the Property is outlined below: Subject rroperry From C-2, General Commercial Zoning District To PD, Planned Development Zoning District `~ ~ 1 ` \ µ t ~~~ `,~.. \ ~ ~ ~ ~ \ / ~~ o' . ~ ?. ti- l \ ~ ~ W .~ ~ ~ ~ ~ \1 `\ ~/ \ ~ ~ \ \ \\`~ \~ \\ ~ ~ 1 . SECTION 2. C J C The regulations of the use, development, improvement, and maintenance of the Property are set forth in the Stage 1 and Stage 2 Development Plan (Exhibit lA hereto) which is hereby approved. SECTION 3. 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. 3 PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 15th day of December, 1998, by the following vote: AYES: Councilmembers Howard, Lockhart, McCormick, Zika, & Mayor Houston NOES: None ABSTAIN: None ABSENT: None Mayor ATTEST: L City Clerk G:1CC-MTGS198-QTR4lDEC112-15-981ord-bponvp.doc 4 STAGE 1 AND STAGE 2 DEVELOPMENT PLAN This is a Development Plan for PA 98-049 pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for the property located at 7197 Village Parkway (APN 941-210-13}, located at the southeast corner of Village Parkway and Amador Valley Boulevard. This Development Plan meets all of the requirements for Stage i and Stage 2 review of the project. The land use designations for this PA 98-049 PD Zoning District are established to: a) accommodate a range of community-serving retail and mixed-use projects incorporating retail, service and/or office uses; b} provide appropriately located areas for retail stores, offices, and service establishments, offering commodities and services required by residents of the-City and its surrounding market area; c} provide opportunities for retail stores, offices, and service establishments to concentrate for the convenience of the public and in mutually beneficial relationship to each other; d) provide space for community facilities and institutions that appropriately may be located in commercial areas; d) provide adequate space to meet the needs of modem commercial development, including off-street parking and truck loading areas; and e) minimize traffic congestion and to avoid overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land azound them. This Development Plan includes: development standards; permitted, conditional and prohibited uses; design standards and Stage 1 and 2 site plan; labeled Exhibit lA to the Ordinance approving this Development Plan (City Council Ordinance No. 21 - 98), and on file in the Planning Department. The Planned Development District allows the flexibility needed to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan, Downtown Dublin Specific Plan, and provisions of Section 8.32 of the Zoning Ordinance are satisfied. A. Permitted UseslSite Area/Densities: Permitted Uses: 1. Community-serving retail uses, including, but not limited to: a. General Merchandise Store b. Discount Retail Store c. ClothinglFashion Store d. Shoe Store e. Home Furnishing Store £ Office Supply Store g. Home Appliance/Electronics Store h. Home Improvement/Hardware Store i. Music Store j. HobbylSpecialty Interest Store k. Gifts/Specialty Store 1. Jewelry and Cosmetic Store m. Drug Store EXHIBIT lA n. Auto Parts Store o. Tay Store p. Book Store q. Pet Supplies Store r. Sporting Goods Store (without sale of firearms) s. GrocerylFood Store t. Video Rentals 2. Office and service establishments, including, but not limited to: a. Bank/Savings and Loan b. Real Estate/Title Office c. Travel Agent d. Legal e. Accounting f. Medical and Dental g. Optometrist h. Architect i. Employment Agency j. Hair/Beauty Salon k. Cleaner and Dryer 1. Shoe Repair m. Key Shop n. Tailor o. Athletic Club p. Formal Wear/Rental q. Other Administrative and Professional Office r. Technology Access Center s. Tele-commuting Center 3. Eating and drinking establishments including, but not limited to: a. Restaurant b. Delicatessen c. Specialty Food {e.g. bagel shop) d. Bakery e. Cafes f. Ice Cream Shop g. Sandwich Shop Site Area: approximately 1.06 acres Densities: .25 to .50 Floor Area Ratio 2 B. Conditional Uses: 1. In-patient and out-patient health facilities as licensed by the State Department of Health Services 2. Wine or liquor bar with on-sale liquor license 3. Micro-brewery 4. Video Arcade 5. Sporting Goods Store (with sale of firearms) 6. Public and semi-public facilities (Governmental or institutional-type facilities. Public facilities include: schools; libraries; city office buildings; State, County and other public agency facilities; post offices; fire stations; and utilities. Semi-public facilities include: churches; theaters; community centers; and hospitals), 7. Community care facility/large (7 or more} 8. Other uses that could possibly meet the intent of the Planned Development (PD} District -Community-Serving Retail; Office and Service Establishments; and Eating and Drinking uses. C. Prohibited Uses: 1. Drive-In/Drive-Through Business 2. Service Station 3. Automobile/Vehicle: Brokerage; Rental; Repairs and Service; Sales and Service; and Storage Lot D. Dublin Zoning Ordinance -Applicable Requirements: Except as specifically modified by the provisions of this PA 98-049 PD Zoning District, use, development, improvement and maintenance of property within this PD Zoning District shall be subject to the provisions of the C-1, Retail Commercial Zoning District of the City of Dublin Zoning Ordinance with regard to permittedlconditional uses, land use restrictions and rninimum/maximum development criteria. E. Development Standards: 1. Setbacks a. Front and Side Yard (street side): minimum 10 feet b. Rear (easterly property line}: minimum l 5 feet (for first story) minimum 25 feet (for second story) minimum 35 feet (for third story} c. Side Yard (southern property line): minimum 5 feet d. Vehicular access shall be maintained between this property and the property to the south. 2. Height Limitations 3 stories, 45 feet high 3. Parking a. All uses for the site shall comply with Chapter 8.76 Off Street Parking and Loading Regulations of the Dublin Zoning Ordinance. b. All parking shall be located on the southern and/or eastern portion of the property. 4. Landscaping a. All required setback areas, including the corner area of the property (Village Pazkway and Amador Valley Boulevard) shall be properly designed and landscaped in order to establish a high level of development quality while providing for neighborhood identity where appropriate. The design shall utilize street tree plantings with complementary landscape materials. b. The corner landscaping should incorporate significant landscape, including specimen trees and special "city entry" image treatment whenever appropriate. The design shall ensure that any corner landscape plan conforms with the Traffic Visibility Area requirements of the Dublin Zoning Ordinance to protect public safety. 5. Outdoor Seating Outdoor seating for Baring and drinking establishments are allowed within this PD Zoning District and may be located in the westerly and northerly (street side) setback areas provided these uses do not occupy more than 50% of the setback area. F. Design Standards: General Commercial Design Standards 1. Any new building developed at the site shall achieve a human scale and interest. The building shall exemplify a sense of proportion to the physical site and surrounding properties: The building design shall incorporate building 4 elements, such as wall insets, balconies and window projections, which may help produce a proportionate building and reduce the scale of larger buildings. 2. The building color shall be compatible with the neighborhood and shall reinforce the visual character of the environment of the proposed buildings. Integral coloring of concrete, stucco, and similar materials is encouraged. Bright colors may be used to provide an attractive and distinctive accent to the building. 3. The choice of materials, colors, signs and the level of architectural detailing for the new buildings shall be thoughtfully integrated into the design of all building elevations. Retail Commercial Center Design Standazds All new retail commercial development with eating and drinking establishments may incorporate an outdoor seating area, activity plaza. or courtyard to enhance pedestrian use; public and civic interaction; and events. 2. All furniture and accessories provided for the outdoor seating area shall be compatible with the architectural design of the building. 3. In order to promote a pedestrian environment, the ground floor level of the buildings shall include display windows, courtyard entrances and other elements of pedestrian interest. G. Proposed Development: Any new development proposed for the site shall be subject to a new Development Plan pursuant to Chapter 8.32 of the Zoning Ordinance and a Site Development Review permit. The decisionmaker for the Site Development Review shall be the Community Development Director (and hislher designee). 2. New office building developments shall be encouraged to include a mix of community -serving retail uses, and eating, drinking and entertainment establishment-type uses. H. Site Plan and Architecture: A Site Development Review shall be prepared for this project which shall provide a site plan, floor plans, building elevation plans and any other applicable architectural plans or other documents as required by the Director of Community Development. I. Phasing Plan: The project shall be constructed in one phase of development. If the Developer decides to construct the project in phases, a phasing plan shall be submitted for the review and approval of the Community Development Director. J. Landscaping Plan: A preliminary landscaping plan in compliance with Chapter 8.72, Landscaping and Fencing Regulations of the Zoning Ordinance shall be required for the Site Development Review.