HomeMy WebLinkAbout8.2, Exh A to Attmt 1-Ordinance to ZOAORDINANCE NO. XX - 09
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING ZONING ORDINANCE 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) RELATING TO INDOOR
RECREATIONAL FACILITIES
ZOA 09-002
WHEREAS, at the request of the City Council, Staff has been reviewing the Zoning Ordinance
for ways to streamline the entitlement process for development applications and to promote businesses in
Dublin; and
WHEREAS, Staff has identified proposed amendments to the Dublin Zoning Ordinance to
modify the permit and parking requirements for Indoor Recreational Facilities in order to streamline the
application process for these types of uses. The amendments include 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); and
WHEREAS, the exact text amendments are shown in Sections 2 through Section 9 of this
Ordinance; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project
on October 13, 2009 and adopted Resolution 09- recommending that the City Council approve
amendments to Title 8 (Zoning Ordinance)of the Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council on ; and
WHEREAS, a Staff Report was submitted recommending that the City Council approve the
Zoning Ordinance Amendments; and
WHEREAS, pursuant to section 8.120.050.13 of the Dublin Municipal Code, the City Council
finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan; and
WHEREAS, the City Council did hear and use its independent judgment and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
EXHIBIT A TO
ATTACHMENT 1
SECTION 1.
Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this
ordinance is exempt from CEQA per CEQA Guidelines Section 15601(b) (3). Section 15601(b) (3) states
that CEQA applies only to those projects that have the potential to cause a significant effect on the
environment. The adoption of this Ordinance is exempt from CEQA because the ordinance does not, in
itself, allow the construction or use of any building or structure, but it sets forth the regulations that shall
be followed if and when a building or structure is proposed to be constructed or a site is proposed to be
developed. This ordinance of itself, therefore, has no potential for resulting in significant physical change
in the environment, directly or ultimately.
SECTION 2.
The following new definitions are added to Chapter 8.08 (Definitions) of Title 8 of the Dublin Municipal
Code to read as follows:
8.08.020 Definitions (A-Z)
Auditorium (use type). The term Auditorium shall mean a large room to accommodate an audience in a building
such as a school or theater.
Billiard/Pool Hall (use type). The term Billiard/Pool Hall shall mean a place where people gather for playing
pool and/or other cue sports Such establishments often serve alcohol and may have gaming machines, darts,
foosball and other games on the side.
Card Room (use type). The term Card Room shall mean a gambling establishment that exclusively offers card
games for play by the public.
Comedy Club (use type) The term Comedy Club shall mean a commercial establishment that offers comedy
stage shows and charges either a fee for admission or requires a purchase of item(s) at the venue.
Health Club/Fitness Center (use type). The term Health Club/Fitness Center shall mean a place which houses
exercise equipment for the purpose of physical exercise Often there are also group exercise courses for aerobics or
the like offered Health Club/Fitness Centers generally charge a fee to allow visitors to use the equipment, courses,
and other provided services. A Health Club/Fitness Center may or may not include an indoor sauna, spa or hot tub
facilities or other ancillaa facilities such as a pool or sports courts.
Nigbtclub (use type) The term Nightclub can include any _type of club with peak operating hours in the late
evening and nighttime hours ( pically after 8:00 p.m.). Nightclubs can include a comedy club, karaoke club, or
other entertainment use that is determined to be substantially similar to the above by the Director of Community
Development.
Recording Studio (use type) The term Recording Studio shall mean a studio where sound or video recordings
are made.
Theater (other than Adult Business Establishment) (use type). The term Theater shall mean a structure where
movies are shown theatrical works or plays are performed or other performances such as musical concerts may be
ig ven•
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SECTION 3.
The following definition in Chapter 8.08 (Definitions) of Title 8 of the Dublin Municipal Code is
amended to read as follows: (Text to be removed is shown in stfikethfough and text to be added is shown
as underlined.)
8.08.020 Definitions (A-Z)
Recreational Facility/Indoor (use type). The term Recreational Facility/Indoor shall mean
establishments providing amusement, entertainment, or physical fitness services typically occurring
indoors for a fee or admission charge, such as, but not limited to: arcades containing coin-operated
amusements and/or electronic games (five or more such games or coin-operated amusements in any
establishment constitutes an arcade pursuant to this definition, four or less are not considered a land use
separate from the primary land use of the site); ear -d bill r-ds" peel t'alts, bowling alleys; laser tag
businesses; ice skating and roller skating; danee-studies/seheels; r°eer-di ^ °+a?^ ; art/dance/exercise
studio; drama/voice/instrument instructional studio; indoor play center (rock climbing or inflatable party
place); Health Club/Fitness Center; fitness reent shealth and athletic elubs ifielu4ing
a^^r p'c, of hot tub f eils; martial arts studios; tennis; handball; racquetball; iee ?T indoor
r?ccrv-iis
rrravvr sauna, "
archery and shooting ranges; indoor soccer or hockey facilities; swimming pools; then °r° (othef than
adult business establishments`; auditefium ; and other indoor sports activities determined to be
substantially similar to the above by the Director of Community Development. Recreational
Facility/Indoor does not include a dance floor.
SECTION 4.
Section 8.12.050 of Chapter 8.12 (Zoning Districts and Permitted Uses) of Title 8 of the Dublin Municipal
Code is amended to read as follows (Text to be removed is shown in str4kethfough and text to be added is
shown as underlined.)
8.12.050 Permitted and Conditionally Permitted Land Uses (Only those sections of the table which
are proposed to be amended are shown. All use types not shown are proposed to remain as is.)
COMMERCIAL USE TYPES
COMMERCIAL USE TYPE A R-I R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Auditorium - - - - - C/ZA C/ZA C/ZA C/ZA -
Billiard/Pool Hall - - - - - C/ZA C/ZA C/ZA C/ZA -
Card Room C/ZA C/ZA C/ZA C/ZA -
Comed Club C/ZA C/ZA P P C/ZA C/ZA -
Nightclub - - C/ZA C/ZA C/ZA C/ZA C/ZA C/ZA -
Recreational Facility/Indoor ZC/
MUP ZC/
MUP ZC/
MUP ZC/
MUP ZC/
MUP
G/-ZA G/ZA G/ZA G/ZA GLZA
Recordin Studio - - - - - - P P -
Theater (other than Adult P P P C/ZA C/ZA =
Business Establishment)
KEY/DECISIONMAKER AUTHORITY
Permitted P
Not Permitted -
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KEY/DECISIONMAKER AUTHORITY
Zoning Clearance ZC
Minor Use Permit MUP
Conditional Use Permit/Zoning Administrator C/ZA
Conditional Use Permit/Planning Commission C/PC
Temporary Use Permit TUP
SECTION 5.
Subsection F of section 8.76.050 and subsection D of Section 8.76.080 of Chapter 8.76 (Off Street
Parking and Loading Regulations) of Title 8 of the Dublin Municipal Code are amended to read as
follows: (Text to be removed is shown in str-ikethfoug and text to be added is shown as underlined.)
Section 8.76.050
F. Parking Reductions For Shared Parking. When shared off-street parking is proposed between two or
more adjacent use types, the Zoning Administrator may grant a reduction in off-street parking requirements
(from the sum of the parking required by each use type) in compliance with Chapter 8.100, Conditional
Use Permit. Reductions for shared parking may be granted if a report by a registered traffic engineer
shows that requirements 1-4 below are met and if requirement 5 is met:
The Conditional Use Permit findings can be made.
A sufficient number of spaces is provided to meet the greatest parking demands of the
participating use types and to ensure that there will not be a parking deficiency.
Satisfactory evidence is provided that the use types, by their natures and operating times, will not
conflict with each other.
Overflow parking will not adversely affect any adjacent use.
Additional documents, covenants, deed restrictions, or other agreements as may be deemed
necessary by the Zoning Administrator are executed to assure that the required parking spaces
provided are maintained and that uses with similar hours and parking requirements as those uses
sharing the parking facilities remain for the life of the documents, covenants, deed restrictions, or
other agreements.
Indoor Recreational Facilities. The Community Development Director may grant a reduction in off-
street narking reauirements (from the sum of the parking required by each use type) for Indoor
Recreational Facilities in compliance with Chapter 8 70 Indoor Recreational Facilities Chapter 8.102,
Minor Use Permit and this section. Reductions for shared parking for an indoor Recreational Facility may
be granted if the Community Development Director finds each of the following standards are met. The
Applicant for any reduction under this provision shall submit a written statement , signed by the Property
Owner, which demonstrates the following standards are met:
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.
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4. Overflow parking will not adversely affect any adjacent use.
5. Additional documents, covenants, deed restrictions, or other agreements as may be deemed
necessarby the Community Development Director are executed to assure that the required
parking spaces provided are maintained and that uses with similar hours and parking requirements
as those uses sharing the parking facilities remain for the life of the documents, covenants, deed
restrictions, or other agreements.
If the standards above cannot be met, the Community Development Director may not grant the reduction.
Section 8.76.080 (Only those sections of the table which are proposed to be amended are shown. All use
types not shown are proposed to remain as is.)
D. Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as follows:
Billiard and Pool Hall 2 per pool table, plus 1 per 250 square feet of accessory
uses s ace not devoted to pool tables
Card Room 1 er 200 s uare feet
Comedy Club 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
Nightclub 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 5 s aces plus one for each employee on the largest shift
Recreational Facility (Indoor)
Arcade/Game Center 1 per 200 square feet
Art, dance, or exercise studio 1 per 200 square feet
Bowling Alleys 5 per lane, plus 1 per 250 square feet of accessory uses
(space not devoted to lanes) ,
e€fise
Drama/voice/instrument instructional 1 per 200 square feet
studio
Handball, tennis, racquetball facilities 2 per court, plus 1 per 3 fixed seats for spectator area,
plus 1 per 250 square feet of accessory uses (space not
devoted to courts or spectator area) 4-p
Health Clubs/Fitness Center
and spa are
1 per 150 square feet pool,
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Indoor play center (i.e rock climbing 1 per 200 square feet
wall inflatable a lace
Indoor sport arenas (soccer/volleyball) 50 per field or sports court, plus 1 per 3 fixed seats for
spectator area, plus 1 per 250 square feet of accessory
uses (space not devoted to fields or spectator area 300
Page 5 of 1 I
250 SF of effiee
Martial Arts Studio 1 per 200 square feet ' per- 50 8 plus 1 per- 250 8F of
effiee
Skating/Ice Rinks 1 per 175 square feet of rink area, plus 1 per 250 square
feet of accessoy uses (space not devoted to skating ink)
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Recreational Facility/Outdoor
Swimming Pools 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
CFCTInN (_
Chapter 8.116 (Zoning Clearance) of Title 8 of the Dublin Municipal Code is amended to read as follows:
(Text to be removed is shown in str keth atilt h and text to be added is shown as underlined.)
CHAPTER 8.116 ZONING CLEARANCE
8.116.010 Purpose. The purpose of this Section is to establish a procedure for certifying conformance of a
Building Permit, Sign application, or Recreational Facility (Indoor) application with the
requirements of this Title, the General Plan, any applicable Specific Plans, and the terms and
conditions of any applicable permits or variances. Rev. Ord. xx-09 (November 2009)
8.116.020 Applications Requiring a Zoning Clearance.
A. Building Permit.
B. Signs. All signs which have been identified in Chapter 8.84, Sign Regulations, as requiring a
Zoning Clearance.
C Recreational Facilities (Indoor) that meet the standards specified in Section 8.70.040A. Rev.
Ord. xx-09 (November 2009)
8.116.030 Application. The Applicant shall submit a complete application for a Building Permit for a
structure or a sign. Rev. Ord. 1-04 (January 2004)
If the Zoning, Clearance is for a Recreational Facility (Indoor), the Applicant shall submit a
"Zoning Clearance for Recreational Facilities (Indoor)" form along with a site plan, written
statement and floor plan of the building or tenant space. Rev. Ord. xx-09 (November 2009)
8.116.040 Approval. The Director shall decide Zoning Clearance applications as follows:
A. Building Permit. All building permit applications shall be reviewed for consistency with the
regulations of this Title as required by Chapter 8.04, Title Purpose and Authority. The Zoning
Clearance approval for a Building Permit shall be a signature and date on the Building Permit and
an initialed and dated stamp of approval on the approved building plans.
B. Signs. All signs identified in the Sign Regulations as requiring a Zoning Clearance shall be
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applied for and approved as in Section 8.116.040.A, Building Permit.
C. Recreational Facility (Indoor). All Recreational Facilities (Indoor) shall be reviewed for
compliance with Chapter 8.70 (Recreational Facilities (Indoor)). The Zoning Clearance approval
for an Recreational Facility (Indoor) shall be a completed "Zoning Clearance for Recreational
Facilities (Indoor)" form with the date and signature of the Community Development Director or
his/her designee. Rev. Ord.. x-09 (November 2009)
8.116.050 Expiration of Zoning Clearance. A Zoning Clearance issued in conjunction with a Building
Permit shall expire when the Building Permit expires. A Zoning Clearance issued in conjunction
with a Recreational Facilitv (Indoor) shall expire when the use is no longer operational or the
facility is no longer in compliance with Chapter 8.70 (Recreational Facilities (Indoor)). Rev. Ord.
. x-09 (November 2009)
SECTION 7.
Sections 8.132.040 and 8.132.050 of Chapter 8.132 (Notice and Hearing) of Title 8 of the Dublin
Municipal Code are amended to read as follows: (Text to be removed is shown in str-ikethfeugh and text
to be added is shown as underlined.)
8.132.040 Consideration of Minor Use Permit, Site Development Review, and Variance.
The Director or his/her designee may approve, conditionally approve or deny a Minor Use Permit
or Site Development Review without a public hearing. The Zoning Administrator may approve,
conditionally approve or deny a Variance without a public hearing.
8.132.050 Notice of Decision. Where the Director considers a Minor Use Permit or Site Development
Review or the Zoning Administrator considers a Variance pursuant to this Title, a Notice of
Decision shall be given as follows:
SECTION 8.
New Chapter 8.70 (Recreational Facility (Indoor)) is added to Title 8 of the Dublin Municipal Code to
read as follows:
CHAPTER 8.70 Recreational Facilities (Indoor)
8.70.010 Purpose. The purpose of this section is to provide regulations to guide the appropriate establishment
of Recreational Facilities (Indoor).
8.70.020 Intent. The intent of this section is to ensure that Recreational Facilities (Indoor) meet all of the
following objectives. That the facility:
A. Allows for the safe and appropriate use of the building and/or space in which the facility is located.
B. Does not negatively impact the character of the commercial or industrial neighborhood in which the facility is
located.
C. Does not negatively impact traffic or parking facilities in the neighborhood.
D. Complies with all Building and Fire Code regulations for the use and occupancy type of the facility.
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E. Conforms to all provisions of the zoning district in which it is located.
F. Complies with all Development Standards and Regulations of Chapter 8.70, Recreational Facilities (Indoor).
8.70.030 Development Standards and Regulations. An Indoor Recreation Facility shall comply with all
development standards and regulations for the zoning district in which it is located and any
applicable other provisions of the City Code or regulations, including occupancy,
accessibility, California Building Code, and Fire Code requirements.
8.70.040 Permitting Procedures.
A. Zoning Clearance. A proposed Recreational Facility (Indoor) shall be approved ministerially with a
Zoning Clearance and without discretionary review or a public hearing if it meets the following standards:
Meets all Development Standards and Regulations under Section 8.70.030.
2. The hours of operation are no earlier than 6:00 a.m. and no later than 10:00 p.m.
3. 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 for environmental review under the California
Environmental Quality Act (CEQA).
A Zoning Clearance form shall document the compliance of the Recreational Facility (Indoor) with the above
requirements and shall be kept on file in the Community Development Department for the duration of the operation
of the Recreational Facility (Indoor).
B. Minor Use Permit. A proposed Recreational Facility (Indoor) that does not meet the requirements for
approval by zoning clearance under Section 8.70.040A shall require approval of a Minor Use Permit under
Chapter 8.102 (Minor Use Permit).
SECTION 9.
New Chapter 8.102 (Minor Use Permit) is added to Title 8 of the Dublin Municipal Code to read as
follows:
CHAPTER 8.102 MINOR USE PERMIT
8.102.010 Purpose. The purpose of this Chapter is to establish a procedure for approving or denying land
uses that are subject to a minor use permit requirement under the City Code. Such uses would
only be approved if their effect on the surrounding environment can be made acceptable through
the application of conditions of approval.
8.102.020 Uses Requiring a Minor Use Permit. The uses and related structures requiring a Minor Use
Permit shall be limited to those in Chapter 8.12, Zoning Districts and Allowable Uses of Land, for
each zoning district, and elsewhere in this Ordinance.
8.102.030 Application. The Applicant shall submit a complete application pursuant to Chapter 8.124,
Applications, Fees and Deposits, accompanied by a fee and/or deposit and such materials as are
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required by the Director of Community Development.
8.102.040 Concurrent Consideration. When a Minor Use Permit is required for a project which is also
subject to a Zoning Ordinance Amendment, Specific Plan, Specific Plan Amendment, or General
Plan Amendment, it shall be approved or denied by the same decision-maker or body for those
actions.
8.102.060 Notice and Hearings. Minor Use Permit applications shall be considered by the Community
Development Director with notice pursuant to Chapter 8.132, Notice and Hearings. A Notice of
Decision shall be provided not less than 10 days before the date of a scheduled decision by the
Community Development Director.
8.102.060 Required Findings. The following findings shall all be made in order to approve a Minor Use
Permit and shall be stated in the Notice of Decision:
A. The proposed use and related structures are compatible with other land uses, transportation and service
facilities in the vicinity.
B. The proposed use meets the parking requirement for the use type in accordance with the requirements of
Chapter 8.76 (Off-Street Parking and Loading), which could include a parking reduction for shared parking.
C. It 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.
D. It will not be injurious to property or improvements in the neighborhood.
E. There are adequate provisions for public access, water, sanitation, and public utilities and services to
ensure that the proposed use and related structures would not be detrimental to the public health, safety,
and welfare.
F. The subject site is physically suitable for the type, density and intensity of the use and related structures
being proposed.
G. The proposed use will not be contrary to the specific intent clauses, development regulations, or
performance standards established for the zoning district in which it is located.
H. The proposed use is consistent with the Dublin General Plan and with any applicable Specific Plans.
8.102.070 Action. The decision maker for Minor Use Permits shall be the Community Development
Director (or his/her designee). The decision maker may approve, conditionally approve, or deny a
Minor Use Permit based on the required findings in Section 8.102.060. 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.
8.102.080 Amendments.
A. Minor Amendment. The Community Development Director or his/her designee shall determine that a
minor amendment to a Minor Use Permit is in substantial conformance with the Minor Use Permit if it is a
minor project as described below, is Categorically Exempt from the California Environmental Quality Act,
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and is consistent with the conditions of approval for the permit. It is not the intent of this Chapter that a
series of Minor Amendments be used to circumvent the need for a new Minor Use Permit. A minor project
shall include any of the following:
1. The cumulative physical expansion of any structure approved in the original Minor Use Permit by
no more than 1,000 square feet.
2. The expansion or intensification of use by no more than 10% of the original use.
Relocation of a use within the same property or structure.
4. A maximum 25% increase or decrease in hours of operation.
B. Other Amendments. The process for amending a Minor Use Permit shall be the same as the process for
approving a Minor Use Permit except that the decision-maker for such Minor Use Permit shall be the same
decision-maker that ultimately approved the Minor Use Permit including any approval on appeal, or by
referral.
8.102.090 Building Permits. Building Permits shall not be issued except in accordance with the terms and
conditions of the Minor Use Permit approval.
8.102.100 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except as
otherwise provided in this Chapter.
SECTION 10.
Severability. In the event any section or portion of this ordinance shall be determined invalid or
unconstitutional, such section or portion shall be deemed severable and all other sections or portions
hereof shall remain in full force and effect.
SECTION 11.
Savings Clause. All code provisions, ordinances, and parts of ordinances in conflict with the provisions
of this chapter are repealed. The provisions of this chapter, insofar as they are substantially the same as
existing code provisions relating to the same subject matter shall be construed as restatements and
continuations thereof and not as new enactments. With respect, however, to violations, rights accrued,
liabilities accrued, or appeals taken, prior to the effective date of this ordinance, under any chapter,
ordinance, or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining any
proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal.
SECTION 12.
Effective Date and Posting of Ordinance. This ordinance shall take effect and be in force thirty (30)
days from and after the date of its passage. 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.
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PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
DUBLIN on this day of , 2009, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
GAZoning Ord\ZOA 09-002 Indoor Rec\CC Ordinance (Exhibit A to PC Reso).DOC
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