HomeMy WebLinkAbout8.2 ZOA (Legislative) 09-002-Rec FacilitiesAGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: October 13, 2009
SUBJECT: ZOA 09-002: Zoning Ordinance Amendments (Legislative) -
Amendments to the Dublin Municipal Code related to Recreational
Facilities (Indoor) including modifications to Chapter 8.08 (Definitions),
Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off
Street Parking and Loading), Chapter 8.116 (Zoning Clearance), and
Chapter 8.132 (Notice and Hearing). Amendments also include the creation
of two new chapters: Chapter 8.70 (Recreational Facilities (Indoor)) and
Chapter 8.102 (Minor Use Permit).
Report prepared by Kristi Bascom, Project Planner
ATTACHMENTS: 1. Resolution recommending the City Council adopt an Ordinance
approving amendments to Chapter 8.08 (Definitions),. Chapter 8.12
(Zoning Districts and Permitted Uses), Chapter 8.76 (Off Street
Parking and Loading), Chapter 8.116 (Zoning Clearance), Chapter
8.132 (Notice and Hearing) and the creation of two new Chapters:
8.70 (Recreational Facilities (Indoor)) and 8.102 (Minor Use
Permit), with draft City Council Ordinance attached as Exhibit A.
2. Chapter 8.08 (Definitions) with modifications to the text in
strikethrough (remove) and underline (new).
3. Chapter 8.12 (Zoning Districts and Permitted Uses) with
modifications to the text in strikethrough (remove) and underline.
(new).
4. Chapter 8.76 (Off Street Parking and Loading) with modifications to
the text in strikethrough (remove) and underline (new).
5. Chapter 8.116 (Zoning Clearance) with modifications to the text in
strikethrough (remove) and underline (new).
6. Chapter 8.132 (Notice and Hearing) with modifications to the text in
strikethrough (remove) and underline (new).
7. New Chapter 8.70 (Recreational Facilities (Indoor)).
8. New Chapter 8.102 (Minor Use Permit).
RECOMMENDATION: 1. Receive the Staff presentation;
2. Open Public Hearing;
3. Take testimony from the Public;
4. Close Public Hearing and deliberate;
5. Adopt Resolution recommending that the City Council adopt an
Ordinance approving amendments to Chapter 8.08 (Definitions),
Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76
(Off Street Parking and Loading), Chapter 8.116 (Zoning
COPIES TO: In House Distribution
File
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ITEM NO. ?-
GAZoning Ord\ZOA 09-002 Indoor Rec\PCSR.doc
Clearance), Chapter 8.132 (Notice and Hearing) and the creation of
two new Chapters: Chapter 8.70 (Recreational Facilities (Indoor))
and Chapter 8.102 (Minor Use Permit), with the draft Ordinance
included as Exhibit A.
BACKGROUND:
At the request of the City Council, Planning Division Staff has been reviewing the Zoning Ordinance
requirements for various business types in an effort to streamline the entitlement process for development
applications and to promote businesses in Dublin.
Over the past few years, the City has received numerous applications for Recreational Facilities (Indoor).
While some of the applications included requests for variations to the development standards, and in
particular, parking requirements, several of the recent applications were fairly straightforward from a land
use planning perspective. However, all types of Recreational Facilities (Indoor) currently require a
Conditional Use Permit (CUP), and each of the Applicants - no matter how small their proposed facility
or how minor the impacts of their proposed use - must to go through the Conditional Use Permit process.
The Conditional Use Permit process serves a valuable purpose: to be able to examine certain types of
uses in more detail to ensure the establishment of the use does not have detrimental impacts to the
community. However, after reviewing several recent applications for Recreational Facilities (Indoor), it
appears that there are certain types of Recreational Facilities (Indoor) that could be exempted from the
traditional Conditional Use Permit process.
Staff has reviewed the various Chapters of the Zoning Ordinance and is recommending several
Amendments that will modify the permit and parking requirements for Recreational Facilities (Indoor)
and facilitate quicker processing of certain applications. This will allow those facilities with minimal
impacts a much shorter review time at a lower up front cost to the Applicant.
ANALYSIS:
Before beginning the Zoning Ordinance revisions, Staff examined the permit procedures and parking
requirements of other jurisdictions in the Tri Valley. In comparing Dublin's requirements to those of San
Ramon, Livermore, and Pleasanton, Staff found good examples of how other communities streamline the
review of Recreational Facilities (Indoor). The City of Livermore allows many Recreational Facilities
(Indoor) by right (depending on the size of the facility), the City of Pleasanton allows many Recreational
Facilities (Indoor) by right (depending on the number of students served by the facility), and the City of
San Ramon allows some uses via a Minor CUP process while others need a traditional CUP. In
considering the types of Recreational Facilities (Indoor) that were locating in Dublin, the San Ramon
concept seemed an appropriate method to consider.
After reviewing the recent applications for Recreational Facilities (Indoor) that the City of Dublin has
received in the past few years and analyzing alternatives to streamline the process for future applications,
Staff drafted two new chapters to the Zoning Ordinance: Chapter 8.70 (Recreational Facilities (Indoor))
and Chapter 8.102 (Minor Use Permit). These new chapters provide a streamlined process for review of
applications for Indoor Recreational Facilities. In addition to the new Chapters, Staff has prepared
revisions to several other chapters of the Zoning Ordinance to facilitate the establishment of Indoor
Recreational Uses, including:
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1) Chapter 8.08 (Definitions)
2) Chapter 8.12 (Zoning Districts and Permitted Uses)
3) Chapter 8.76 (Off Street Parking and Loading)
4) Chapter 8.116 (Zoning Clearance)
5) Chapter 8.132 (Notice and Hearing)
The two new Chapters and the proposed modifications to the other Chapters of the Zoning Ordinance are
discussed below in greater detail.
Chapter 8.08 (Definitions)
This Chapter is proposed to be modified to change the types of uses included in the definition of "Indoor
Recreational Facility." In an effort to capture all of the similar recreational use types, several uses have
been added to the definition, including: indoor play center (i.e. rock climbing wall, inflatable party place),
drama/voice/instrument instructional studio, and badminton. Additionally, several uses that are less about
recreation and more about entertainment have been removed from the definition, including: auditorium,
billiard/pool hall, card room, nightclub, recording studio, and theater. These uses have different impacts
from typical recreation uses in that they are mainly nighttime uses, can serve alcohol to patrons, are not
instructional in nature, and typically serve an adult clientele. Because of these differences, these uses are
now listed separately in Chapter 8.08 (Definitions).
The intent of making these changes was to group together those uses which could be subject to a more
streamlined review and approval process in the Indoor Recreational Facility definition, and to remove
those uses which should get a more detailed review under the existing Conditional Use Permit process.
The proposed Amendments to Chapter 8.08 are illustrated in Attachment 2.
Chapter 8.12 (Zoning Districts and Permitted Uses)
This Chapter is proposed to be modified to change the matrix of Permitted and Conditionally Permitted
Uses. Recreational Facilities (Indoor) are proposed to be permitted in the C-1, C-2, M-P, M-1, and M-2
Zoning Districts with either a Zoning Clearance or Minor Use Permit, depending on whether the facility
can comply with the Development Standards and Regulations of the Recreational Facility (Indoor) Chapter
of the Zoning Ordinance (described in detail in the section on Chapter 8.70).
For the uses that have been removed from the Recreational Facility (Indoor) definition (as discussed above),
they are proposed to be listed individually in the matrix, and those uses continue to be permitted with a
Conditional Use Permit approved by the Zoning Administrator in the C-1, C-2, M-P, M-1, and M-2 Zoning
Districts - as they are currently, with the exception of a comedy club and theater which would be permitted in
the C-1 and C-2 Zoning Districts. The uses now listed individually in the matrix are auditorium,
billiard/pool hall, card room, comedy club, nightclub, recording studio, and theater.
The proposed Amendments to Chapter 8.12 are illustrated in Attachment 3.
Chapter 8.76 (Off Street Parking and Loading)
This Chapter is proposed to be modified to change the parking standards for several types of Indoor
Recreation uses. In order to ensure that Dublin's standards are in line with other nearby communities, a
comparison of the parking standards for the cities of Pleasanton, Livermore, and San Ramon was
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completed and reviewed by the City's Traffic Engineer. Parking standards are proposed to be modified
for the following uses:
Use Type Existing Standard Proposed Standard
Billiard and Pool Hall 2 per table, plus 1 per 100 SF for 2 per pool table, plus 1 per 250 square
eating/drinking area, plus 1 per 250 SF of feet of accessory uses (space not devoted
office to pool tables
Card Club None 1 per 200 square feet
Comedy Club None If the club is to be located in an existing
and operating Eating and Drinking
Establishment, no additional parking
spaces are required. Otherwise, I per 100
square feet
Nightclub None If the club is to be located in an existing
and operating Eating and Drinking
Establishment, no additional parking
spaces are required. Otherwise, 1 per 100
square feet
Recording studio None 5 spaces plus one for each employee on
the largest shift
Art, dance, or exercise studio 1 per 50 SF plus 1 per 250 SF of office 1 per 200 square feet
Bowling Alleys 5 per lane plus 1 per 300 SF of retail, plus 5 per lane, plus 1 per 250 square feet of
1 per 100 SF for eating/drinking area, plus accessory uses (space not devoted to
1 per 250 SF of office lanes
Handball, tennis, racquetball 2 per court plus 1 per 300 SF of retail, plus 2 per court, plus 1 per 3 fixed seats for
facilities 1 per 100 SF for eating/drinking area, plus spectator area, plus 1 per 250 square feet
1 per 250 SF of office of accessory uses (space not devoted to
courts orspectator area
Health Club/Fitness Center 1 per 150 SF of weight room, pool, and spa 1 per 150 SF
area plus 1 per 50 SF of exercise studio
area plus 1 per tanning or massage station,
plus 1 per 300 SF of retail, plus 1 per 100
SF for eating/drinking area, plus 1 per 250
SF of office.
Indoor play center (i.e rock None 1 per 200 square feet
climbing wall, inflatable party lace
Indoor sport arenas 50 per field or sports court, plus 1 per 3 50 per field or sports court, plus 1 per 3
(soccer/volleyball) fixed seats for spectator areas plus 1 per fixed seats for spectator area, plus 1 per
300 SF of retail, plus 1 per 100 SF for 250 square feet of accessory uses (space
eating/drinking area, plus 1 per 250 SF of not devoted to fields or spectator area)
office
Martial Arts studio 1 per 50 SF plus 1 per 250 SF of office 1 per 200 square feet
Skating Rink (Ice or Roller) 1 per 175 SF plus 1 per 300 SF of retail, 1 per 175 square feet of rink area, plus 1
plus 1 per 100 SF for eating/drinking area, per 250 square feet of accessory uses
plus 1 per 250 SF of office s ace not devoted to skating rink)
Swimming Pool 1 per 100 square feet of pool area 1 per 100 square feet of pool area, plus 1
per 3 fixed seats for spectator area, plus 1
per 250 square feet of accessory uses
(space not devoted to pool or spectator
area
Drama/voice/instrument 1 per 50 SF plus 1 per 250 SF of office 1 per 200 square feet
instructional studio
In addition to the changes proposed to the parking standards, it is also proposed that the Community
Development Director be permitted to grant a reduction in off-street parking requirements for shared
parking for Recreational Facilities (Indoor) in compliance with Chapter 8.70. In most other cities
surveyed, it was found that the Community Development Director is typically the approval body for a
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shared parking arrangement. If the shared parking arrangement that is proposed does not demonstrate
evidence that no conflicts will exist, approval cannot be granted via the Minor Use Permit process.
Reductions for shared parking for an Indoor Recreational Facility may be granted by the Community
Development Director if a statement written by the Applicant, and signed by the Property Owner,
demonstrates the following:
1. The required findings of Chapter 8.102 (Minor Use Permit) can be made.
2. A sufficient number of spaces are provided to meet the greatest parking demands of the
participating use types and to ensure that there will not be a parking deficiency.
3. Satisfactory evidence is provided that the use types, by their natures and operating times, will not
conflict with each other.
4. Overflow parking will not adversely affect any adjacent use.
If the criteria above cannot be met, the Community Development Director may not grant the reduction and
a Conditional Use Permit will be required.
The proposed Amendments to Chapter 8.76 are illustrated in Attachment 4.
Chapter 8.116 (Zoning Clearance)
This Chapter is proposed to be modified to note that a Zoning Clearance can be used to certify
conformance of a Recreational Facility (Indoor) application with the requirements of the Zoning
Ordinance, the General Plan, any applicable Specific Plans, and the terms and conditions of any applicable
permits or variances. The Chapter is also being updated to note the application and approval procedures
for Indoor Recreational Facility Zoning Clearances.
The proposed Amendments to Chapter 8.116 are illustrated in Attachment 5.
Chapter 8.132 (Notice and Hearing)
This Chapter is proposed to be modified to note that a Minor Use Permit can be considered without the
requirement for a public hearing. It is also revised to state that a Notice of Decision shall be given to
property owners and tenants within 300' of the property 10 days before a scheduled decision by the
Zoning Administrator or Community Development Director.
The proposed Amendments to Chapter 8.132 are illustrated in Attachment 6.
New Chapters: Chapter 8.70 (Recreational Facilities (Indoor)) and Chapter 8.102 (Minor Use Permit)
These new chapters describe the proposed methods of processing an application for an Indoor
Recreational Facility. The concept is that if a facility meets certain development standards and regulations
related to parking, hours of operation, and adherence to building and fire codes, then the impacts of the
facility should be low and the use can be permitted with a minimum amount of application processing. If
the facility cannot meet the development standards and regulations, then the facility can be reviewed
through a modified use permit process.
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The development standards and regulations for Indoor Recreational Facilities are as follows:
The facility shall comply with all development standards and regulations for the zoning district in
which it is located as well as any other provisions of City Codes-or regulations, including occupancy,
accessibility, California Building Code, and Fire Code requirements.
2. The hours of operation are no earlier than 6:00 a.m. and no later than 10:00 p.m.
The facility meets the parking requirement for the use type in accordance with the requirements of
Section 8.76.080 (Parking Requirements By Type) without any adjustments, reductions or
variances.
4. The facility qualifies for an exemption from environmental review under the California
Environmental Quality Act (CEQA).
With these development standards playing a key role, the approval process for an Indoor Recreational
Facility is filtered as follows:
Can the proposed Indoor Recreational Facility meet the
Development Standards and Regulations listed above?
YES
Apply for a Zoning Clearance.
• Staff-level approval
• No public hearing
• Quicker timeframe
• Lower application fee
NO
Apply for a Minor Use Permit.
• Community Development Director review
and approval
• Shortened timeframe from traditional
Conditional Use Permit process
• No public hearing
• Notice of Decision sent to surrounding
properties and tenants within 300'
(typical noticing process)
A Zoning Clearance is a process to document the compliance of the Indoor Recreational Facility with the
above development standards. The Zoning Clearance is a form that is kept on file in the Community
Development Department for the duration of the operation of the Indoor Recreational Facility.
A Minor Use Permit would be a discretionary approval that is similar to a Conditional Use Permit, but
does not have the same requirement for a public hearing. The Minor Use Permit process follows a similar
review and approval process as Site Development Review applications that are eligible for review by the
Community Development Director:
1. The application is reviewed by Planning Staff and routed to other departments and agencies for
review as appropriate;
2. Conditions of Approval are prepared;
3. Planning Staff makes a recommendation to the Community Development Director; and
4. A Notice of Decision is prepared and circulated stating the Community Development Director's
intent to act on the project ten days prior to date of the scheduled decision. The Notice of Decision
is posted and mailed to property owners and tenants within 300' of the subject property in
compliance with Section 8.132.050 of the Zoning Ordinance (Notice of Decision).
5. The Community Development Director's decision on a Minor Use Permit application can be
appealed to the Planning Commission.
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If the Community Development Director determines that the proposed Indoor Recreational Facility could
have impacts that should be considered by the Planning Commission at a public hearing, the Community
Development Director may refer decision making on the Minor Use Permit to the Planning Commission.
The proposed Chapter 8.70 (Recreational Facility (Indoor)) is included as Attachment 7. The proposed
Chapter 8.102 (Minor Use Permit) is included as Attachment 8.
Administrative Procedures
One of the benefits of the Conditional Use Permit process is that it allows other City departments such as
Building, Fire Prevention, Public Works, and Police the opportunity to review the details of the proposed
use. These departments can advise the Applicant of necessary upgrades and draft Conditions of Approval
to ensure that once the use was established, it would be operating in accordance with City codes and
regulations.
As is often the case with Recreational Facilities (Indoor), the Fire Prevention and Building Division Staff,
in particular, can be very involved in working with the Applicant through the Conditional Use Permit
process to ensure that the building or tenant space they are planning to occupy can be safely used for their
use. Due to the nature of Recreational Facilities (Indoor) and the number of people they can serve at any
given time, it is often the case that changes need to be made to the building to comply with Building and
Fire Codes as well as occupancy and accessibility requirements before the business can move in.
If the changes proposed in this Staff Report take effect, many of the Recreational Facilities (Indoor) that
would have gone through the Conditional Use Permit process in the past will no longer need to do so.
Therefore, Staff is developing an administrative procedure to ensure that this coordination with the
Applicant still takes place when the only approval needed is a Staff-level Zoning Clearance. The
administrative procedure for the Zoning Clearance process will ensure that Applicants are made aware
that although the actual Indoor Recreational Facility use may be permitted, they will still need to consult
with Building, Fire Prevention, and Public Works Staff to be informed of code issues they must comply
with in order to safely occupy the building for their use.
ENVIRONMENTAL REVIEW:
The project has been found to be exempt from the California Environmental Quality Act (CEQA),
according to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the
amendments to Title 8 (Zoning Ordinance) of the Dublin Municipal Code (Zoning Ordinance) may have a
significant effect on the environment.
PUBLIC NOTICING:
In accordance with State law, a public notice was published in the Valley Times and posted at several
locations throughout the City. A notice of this hearing was mailed to those requesting such notice ten days
before the hearing and the Staff Report and attachments were made available for public review prior to the
public hearing in accordance with Government Code Sections 65090 and 65091.
CONCLUSION:
At the request of the City Council, Staff has reviewed the Zoning Ordinance requirements for various
business types in an effort to streamline the entitlement process and to promote business in Dublin. Based
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on this review, several modifications are proposed to be made to the Zoning Ordinance in order to provide
a more streamlined and efficient application process for Indoor Recreational Uses. By reducing the level
of review required for uses that can meet minor development standards and regulations, the City will
encourage Recreational Facilities (Indoor) that have minimal impacts on surrounding properties while
ensuring the appropriate level of review for those that cannot meet the criteria. The proposed amendments
will modify the permit and parking requirements for Recreational Facilities (Indoor) and facilitate quicker
processing of these applications. This will allow those facilities with minimal impacts a much shorter
review time at a lower up front cost to the Applicant.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive the Staff presentation; 2) Open Public
Hearing; 3) Take testimony from the Public; 4) Close Public Hearing and deliberate; and 5) Adopt
Resolution recommending that the City Council adopt an Ordinance approving amendments to Chapter
8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off Street Parking
and Loading), Chapter 8.116 (Zoning Clearance), Chapter 8.132 (Notice and Hearing) and the creation of
two new Chapters: Chapter 8.70 (Recreational Facilities (Indoor)) and Chapter 8.102 (Minor Use Permit),
with the draft Ordinance included as Exhibit A.
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