The URL can be used to link to this page

Home My WebLink About8.3 Exh A to Attch 1 CC Ord ZOA 09-003 Large Family Day CareORDINANCE NO. XX - 09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING ZONING ORDINANCE CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES) AND CHAPTER 8.76 (OFF-STREET PARKING AND LOADING) AND THE CREATION OF CHAPTER 8.66 (LARGE FAMILY DAY CARE HOMES) ZOA 09-003 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 Large Family Day Care Homes (up to 14 children) in order to streamline the application process for this type of use. The amendments include modifications to Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off-Street Parking and Loading) and the creation of a new chapter, Chapter 8.66 (Large Family Day Care Homes) (together, the "Zoning Ordinance Amendments"); and WHEREAS, the exact text amendments are shown in Section 2 through Section 4 of this Ordinance; and WHEREAS, the Planning Commission did hold a properly noticed public hearing to consider these amendments on November 10, 2009 and adopted Resolution 09- recommending that the City Council approve the Zoning Ordinance Amendments; and WHEREAS, a properly noticed public hearing was held by the City Council on December 1, 2009; 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, be it resolved that the City Council of the City of Dublin does ordain as follows: SECTION 1. Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this Ordinance is exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. Adoption of this Ordinance is exempt from CEQA because Page 1 of 5 EXHIBIT A TO ATTACHMENT 1 it can be seen with certainty that, there is no possibility that the ordinance will have a significant effect on the environment. The ordinance does not allow any new uses, but rather simplifies the permitting process for an already permitted use, and brings Large Family Day Care Home parking requirements and other regulations more in line with those of neighboring jurisdictions. SECTION 2. Chapter 8.12 (Zoning Districts and Permitted Uses) of the Dublin Municipal Code is hereby amended to read as follows: (Text to be removed is shown in stFikethmu and text to be added is shown as underlined.) RESIDENTIAL USE TYPES RESIDENTIAL A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 USE TYPE Family Day C/RC G/RG G/RG C/RG - - - - - - - Care Home/ MUP/ MUP/ MUP/ MUP/ Large (up to 14 CUP CUP CUP CUP children) SECTION 3. Chapter 8.76.070.A (Off-Street Parking and Loading Regulations) of the Dublin Municipal Code is hereby amended to read as follows: (Text to be removed is shown in stFikethFeugh and text to be added is shown as underlined. Only those Sections of the Ordinance which are proposed to be amended are shown.) B. Residential Use Types. Residential Use Types shall provide off-street parking spaces as follows: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Family Day Care Home/ Large 2 in enclosed garage per dwelling, plus 1 space for (up to 14) every employee not residing in the home, plus one loading space for every 4 6 children in the facility; one loading space may occur on-street if within 150-feet of the dwellin SECTION 4. Chapter 8.66 (Large Family Day Care Homes) of the Dublin Municipal Code is hereby added to read as follows: CHAPTER 8.66 LARGE FAMILY DAY CARE HOMES 8.66.010 Purpose and Intent. The purpose of this Chapter is to provide for the establishment of Large Family Day Care Homes for up to 14 children within a residential home. 2 of 5 8.66.020 Permitting Procedure. A. Any proposed Large Family Day Care Home shall conform to the Development Standards and Regulations contained in this Chapter (Section 8.66.030) and shall be subject to a Minor Use Permit to be reviewed by the Community Development Director as described in Chapter 8.102 (Minor Use Permit). Approval of a Minor Use Permit is a discretionary action that does not require a public hearing (per Section 8.132.040 - Notice and Hearing). The decision of the Community Development Director is appealable in accordance with Chapter 8.136 (Appeals). B. Any proposed Large Family Day Care Home that does not meet the Development Standards and Regulations contained in this Chapter (Section 8.66.030), shall be subject to a Conditional Use Permit to be reviewed by the Planning Commission as described in Chapter 8.100 (Conditional Use Permit). Approval of a Conditional Use Permit is a discretionary action that requires a public hearing (per Section 8.132.020 - Notice and Hearing). The decision of the Planning Commission is appealable in accordance with Chapter 8.136 (Appeals). 8.66.030 Development Standards and Regulations. An application for a Minor Use Permit to establish a Large Family Day Care Home shall comply with the following development standards and regulations: A. Permitted in the A, R-1, R-2, R-M and certain Planned Development Zoning Districts. A Large Family Day Care Home may be established only in the A, R-1, R-2 and R-M Zoning Districts. A Large Family Day Care Home may also be established in a Planned Development (PD) Zoning District if not specifically prohibited by the PD regulations and if the project site has an underlying Agricultural or Residential General Plan Land Use designation. Any PD regulations which require a Conditional Use Permit for Large Family Day Care Homes shall be superseded by this Chapter and any Large Family Day Care Home in a PD Zoning District, unless specifically prohibited, shall be subject to the requirements of this Chapter. B. Parking. The Large Family Day Care Home shall comply with the following parking regulations: 1. The use shall meet the parking requirements contained in Section 8.76.080 of the Off-Street Parking and Loading Regulations. 2. One required loading space may occur on-street in accordance with Section 8.76.080 of the Off-Street Parking and Loading Regulations. Guardians dropping off or picking up children shall first use an available off-street loading space. 3. At no time shall the Large Family Day Care Home operator's personal vehicles interfere with required loading spaces or employee parking. 4. The operator of the Large Family Day Care Home shall facilitate staggered drop-off and pick-up of children by allowing drop-off and pick-up of children to occur over a minimum 1-hour time period. 3 of 5 C. Hours of Operation. Hours of operation for the Large Family Day Care Home shall be no earlier than 7:00 a.m. and no later than 7:00 p.m. Monday through Friday. D. Outdoor Play Activities. Outdoor play activities associated with the Large Family Day Care Home shall not occur earlier than 9:00 a.m. or after 6:00 p.m. E. Outdoor Play Area. The outdoor play areas associated with the Large Family Day Care Home shall be located in the rear and/or side yards of the dwelling and shall be fully enclosed with a 6-foot fence made of materials that provide solid screening from public view. F. Signage. No signage shall be displayed on-site or off-site at any time advertising the Large Family Day Care Home. G. Minimum Separation. A minimum 300-foot separation is required between all Large Family Day Care Homes located on the same street. A Large Family Day Care Home located within a cul-de-sac shall maintain a 500-foot separation from any other Large Family Day Care Home located within the same cul-de-sac. The separation shall be measured from the property lines. H. State of California Licensing. A copy of the State of California child care license shall be submitted to the Community Development Department prior to establishment of the Large Family Day Care Home and shall remain current and valid throughout the life of the Large Family Day Care Home. 1. Business License. The operator of the Large Family Day Care Home shall obtain a City of Dublin Business License prior to establishing the Large Family Day Care Home. The Business License shall remain current and valid throughout the life of the Large Family Day Care Home. J. Compliance with Local Ordinances. The operator of the Large Family Day Care Home shall comply with all applicable City of Dublin Ordinances including but not limited to, Chapter 5.56 (Smoking Pollution Control); Chapter 5.64 (Property Maintenance); and, Chapter 7.32 (Building Security). 8.66.040 Minor Use Permit. A Minor Use Permit shall document the compliance of the Large Family Day Care Home with the above requirements and shall be kept on file in the Community Development Department for the duration of the operation of the Large Family Day Care Home. If it is determined at any time that the Large Family Day Care Home does not meet all of the Development Standards and Regulations in Section 8.66.030, a Conditional Use Permit for the Large Family Day Care Home shall be required. 8.66.050 Conditional Use Permit. A Large Family Day Care Home that does not meet all of the Development Standards and Regulations contained in this Chapter (Section 8.66.030) shall be subject to the Conditional Use Permit process to be reviewed by the Planning Commission in compliance with Chapter 8.100 (Conditional Use Permit). 4of5 SECTION 5. Severability. In the event that any section or portion of this Ordinance is determined to be 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 6. 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 7. 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. 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 G:Voning OrdV0A 09-003 Large Family Day Care1PC Mtg Nov 20091CC Ord LFDC ZOA Exhibit A.doc 5of5