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HomeMy WebLinkAbout6.3 Zone Ord Large Fam Day CareG~~~ OF DpBf~. 9~ -~~N X82 `~~~~~ ~~I~~~~ STAFF REPORT CITY C L E R K DUBLIN CITY COUNCIL File # ^®©®-^2. DATE: January 19, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE ZOA 09-003: Zoning Ordinance Amendments (Legislative) -Amendments to the Dublin Municipal Code related to Large Family Day Care Homes including modifications to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street Parking and Loading), and Chapter 8.116 (Zoning Clearance) and the creation of Chapter 8.66 (Large Family Day Care Homes), and amendments to the fee schedule as it relates to Large Family Day Care Homes. At the request of the Planning Commission, a modification to Chapter 8.70 (Indoor Recreational Facilities) is also being proposed. Prepared By: Marnie R. Waffle, Senior Planner EXECUTIVE SUMMARY: The City Council will review City-initiated amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to Large Family Day Care Homes. The .proposed amendments will modify the permit and parking requirements for Large Family Day Care Homes in order to streamline the application process. The amendments include modifications to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off Street Parking and Loading) and Chapter 8.116 (Zoning Clearance) and the creation of Chapter 8.66 (Large Family Day Care Homes). Amendments to the fee schedule are also proposed relating to Large Family Day Care Homes. At the request of the Planning Commission, a minor modification to the recently approved Chapter 8.70 (Recreational Facilities (Indoor)) is proposed as it relates to Indoor Recreational Facilities within Planned Development Zoning Districts. FINANCIAL IMPACT: The proposed Zoning Ordinance Amendments would require amendments to the fee schedule to establish a fee for a Large Family Day Care Home Zoning Clearance and amend the current fee for a Large Family Day Care Home Conditional Use Permit. RECOMMENDATION: Staff recommends the City Council: 1) Receive the Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Take the following actions: a) Waive the reading and introduce an Ordinance approving Zoning Ordinance Amendments to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street Parking and Loading) and Chapter 8.116 (Zoning Clearance) and the creation of Chapter 8.66 (Large Family Day Care Homes); b) Waive the reading and introduce an Page 1 of 7 ITEM NO. ~~ ?J n Ordinance amending Zoning Ordinance Chapter 8.70 (Recreational Facilities (Indoor)) relating to Planned Development Zoning Districts; and, c) adopt a Resolution amending Resolution 49- 06 to revise the adopted Fee Schedule and add a fee for a Large Family Day Care Home Zoning Clearance and amend the current fee for a Large Family Day Care Home Conditional Use Permit. %- , u mitt By ' Reviewed By Community Development irector Assistant City Manager DESCRIPTION: At the request of the City Council, 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. Large Family Day Care Homes have been identified as an entitlement process that could be streamlined to facilitate and encourage the establishment of day care facilities within the City. A Large Family Day Care Home provides infant and child care for 9-14 children, including school age children, within a residential dwelling. According to the State of California Community Care Licensing Division, a total of nine (9) Large Family Day Care Homes are currently operating within the City of Dublin. Since 2005, the City has approved five (5) Conditional Use Permit applications for Large Family Day Care Homes and a sixth application was approved in November 2009 by the Planning Commission. Two additional Small Family Day Care Homes (up to 8 children) have expressed interest in expanding to Large Family Day Care Homes once the new regulations take effect. Large Family Day Care Homes are a much needed service within the community. In an effort to streamline the entitlement process for Large Family Day Care Homes, Staff examined the permit procedures of other jurisdictions in the Tri-Valley (Attachment 1, Page 3 of 12). Staff also examined past Conditional Use Permit applications approved by the Planning Commission and utilized the Conditions of Approval placed on these applications to prepare development standards for Large Family Day Care Homes. At the November 10, 2009 Planning Commission meeting, Staff presented proposed Zoning Ordinance Amendments for Large Family Day Care Homes. The proposed amendments included establishing a Minor Use Permit process with prescribed development standards. The Planning Commission adopted Resolution 09-47 (Attachment 2) recommending City Council approval of Zoning Ordinance Amendments to 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). At the December 1, 2009 City Council meeting, Staff presented the proposed Zoning Ordinance Amendments for Large Family Day Care Homes. After deliberating, the City Council directed Staff to revise the proposed Zoning Ordinance Amendments to establish a ministerial process by which Applicants who meet prescribed development standards could obtain a Zoning Clearance for a Large Family Day Care Home. Applicants who could not meet the prescribed development standards would be required to apply for a Conditional Use Permit. Page 2 of 7 Analysis: Based on the direction that Staff received from the City Council at the December 1, 2009 meeting, Staff has revised the proposed entitlement process to establish a ministerial process for Large Family Day Care Homes. This ministerial process is similar to the recently approved process for Indoor Recreational Facilities. An Applicant would apply for a Zoning Clearance to establish a Large Family Day Care Home. Staff would review the application for compliance with prescribed development standards. If the application met all the prescribed development standards the Zoning Clearance would be approved. If the application did not meet the prescribed development standards the Applicant would be required to apply for a Conditional Use Permit to be reviewed by the Planning Commission. The prescribed development standards that would apply to a Zoning Clearance application would be as follows: 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. A 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. 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. Page 3 of 7 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 or wall 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. I. Business License. The operator of the Large Family Day Care Home shall obtain a City of Dublin Business License prior to opening 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). The prescribed development standards would be contained in a new Chapter of the Dublin Zoning Ordinance, Chapter 8.66 (Large Family Day Care Homes). In addition to the creation of Chapter 8.66 (Large Family Day Care Homes), amendments to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street Parking and Loading) and Chapter 8.116 (Zoning Clearance) would also be required. The new chapter and proposed amendments can be found in the draft ordinance included as Attachment 3. Chapter 8.12 (Zoning Districts and Permitted Uses) Chapter 8.12 is proposed to be modified to change the matrix of Permitted and Conditionally Permitted Uses. Large Family Day Care Homes would continue to be permitted in the A, R-1, R-2 and R-M Zoning Districts. The approval process would be modified to require approval of a Zoning Clearance by the Community Development Director so long as the prescribed development standards could be met. As noted above, if the development standards could not be met a Conditional Use Permit would be required and would be reviewed by the Planning Commission. The Planning Commission's decision could be appealed to the City Council. Page 4 of 7 Chapter 8.76 (Off Street Parking and Loading) Chapter 8.76 is proposed to be modified to change the parking standards for Large Family Day Care Homes. The parking standards are proposed to be modified as shown in Table 1 below. Table 1. Existing and Proposed Parking Standard for Large Family Day Care Homes Use T e Existin Standard Pro osed Standard Large Family Day Care 2 in enclosed garage per dwelling, plus 2 in enclosed garage per dwelling, plus Home (up to 14 1 space for every employee not 1 space for every employee not children) residing in the home, plus one loading residing in the home, plus one loading space for every 4 children in the facility space for every 6 children in the facility; one loading space may occur on-street if within 150 feet of the dwellin The proposed amended parking standard for Large Family Day Care Homes reduces the number of loading spaces required from 1 space for every 4 children to 1 space for every 6 children. This reduces the loading space requirement from 4 spaces to 2 spaces for a Large Family Day Care Home with 14 children. (Note: In accordance with the Off-Street Parking and Loading Regulations, where the number of required parking spaces results in a fraction of 0.50 or higher, the parking requirement is rounded up to the next whole space. Conversely, where the number of required parking spaces results in a fraction of less than 0.50, the parking requirement is rounded down to the next whole space.) The proposed amended parking standards also allow for a loading space to be provided on- street if it is within 150 feet of the residential dwelling where the Large Family Day Care Home is proposed to be established. Allowing an on-street loading space would eliminate the need to process a Conditional Use Permit for an Off-Street Parking Reduction. Chapter 8.116 (Zoning Clearance) Chapter 8.116 would also be modified to add Large Family Day Care Homes to the list of projects requiring a Zoning Clearance. FEE SCHEDULE MODIFICATIONS: Because the proposed entitlement process for Large Family Day Care Homes includes a new application process, the current Fee Schedule would need to be amended to include an application fee for Large Family Day Care Homes Zoning Clearance. nth prescribed development standards, the application process for a Zoning Clearance would be streamlined and the amount of Staff time spent reviewing the application would be reduced. Staff estimates that approximately 3 hours would be spent processing the application at a cost of $387.81. Based on City Council direction at the December 1, 2009 City Council meeting, it is proposed that the Applicant pay 25% of the actual cost to process an application for a Large Family Day Care Home. 25% of $387.81 is $96.95. Staff proposes that the application fee be rounded up to $100.00 (see Table 2 below). This proposed fee, for a Large Family Day Care Home Zoning Clearance, would be the same as the current fee for a Large Family Day Care Home Conditional Use Permit even though the process would be significantly streamlined. This is a Page 5 of 7 result of the current fee being heavily subsidized by the City. While the fee that the Applicant would pay remains the same, the amount of subsidy provided by the City would be significantly reduced due to the streamlined process. An Applicant who does not meet the development standards for a Large Family Day Care Home Zoning Clearance would be required to apply for a Conditional Use Permit to be reviewed by the Planning Commission. Currently, a Large Family Day Care Home Conditional Use Permit is subsidized by the City and Applicants pay a flat fee of $100.00. Staff estimates that approximately 20 hours would be spent processing the application at a cost of $2,585.40. Based on the City Council's direction that Applicants pay 25% of the actual cost to process an application, the fee would be $646.35. Staff proposes that the fee be rounded up to $650.00. Table 2. Proposed Amendments to the Citv's Fee Schedule Staff Hours Cost to the Ci 25% of Ci Cost Pro osed Fee Zoning 3 $387.81 $96.95 $100.00 Clearance Conditional 20 $2,585.40 $646.35 $650.00 Use Permit A Resolution amending the City's Fee Schedule to establish a fee for a Large Family Day Care Home Zoning Clearance and amend the current fee for a Large Family Day Care Home Conditional Use Permit is included as Attachment 4. INDOOR RECREATIONAL FACILITIES: 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. On November 17, 2009 the City Council adopted Amendments to the Dublin Municipal Code related to Indoor Recreational Facilities. These Amendments included, in part, the creation of Chapter 8.70 (Recreational Facilities (Indoor)) and the new Minor Use Permit process (Chapter 8.102). As adopted, Chapter 8.70 (Recreational Facilities (Indoor)) states that an Indoor Recreational Facility shall comply with all development standards and regulations for the zoning district in which it is located. This statement can be generally interpreted to apply to Planned Development (PD) Zoning Districts; however, some existing Planned Development Zoning Districts may prohibit an Indoor Recreational Facility while others may permit it by-right. At the request of the Planning Commission, an Amendment to Chapter 8.70 (Recreational Facilities (Indoor)) is being proposed. The proposed amendment clarifies the regulation of Indoor Recreational Facilities across all Planned Development Zoning Districts in the same manner as Large Family Day Care Homes, as described in this Staff Report. The proposed amendment to Chapter 8.70 is as follows: 8.70.030.A Permitted in the C-1, C-2, M-P, M-1, M-2, and certain Planned Development Zoning Districts. An Indoor Recreational Facility may be established only in the C-1, C-2, M-P, M-1, and M-2 Zoning Districts. An Indoor Recreational Facility may also be Page 6 of 7 established in a Planned Development (PD) Zoning District if not specifically prohibited by the PD regulations and if the project site has an underlying Commercial or Industrial General Plan Land Use designation. Any PD regulations which require a Conditional Use Permit for an Indoor Recreational Facility shall be superseded by this Chapter. Any Indoor Recreational Facility in a PD Zoning District, unless specifically prohibited or expressly permitted by right, shall be subject to the requirements of this Chapter. A draft Ordinance (Attachment 5) has been prepared for City Council consideration that adds Section 8.70.030A to address the Planning Commission's direction. 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. The proposed Ordinance does not allow any new uses, but rather simplifies the permitting process for an already permitted use. In addition, CEQA Guidelines section 15274 explicitly exempts from CEQA the establishment or operation of Large Family Day Care Homes. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a public notice was published twice in the Valley Times and posted at several locations throughout the City. A notice of this hearing was mailed to those requesting such notice 14 days before the hearing and the Staff Report and attachments were made available for public review 10 days prior to the public hearing in accordance with Government Code Sections 66016 and 66017. ATTACHMENTS: 1. December 1, 2009 City Council Staff Report, without attachments. 2. Planning Commission Resolution 09-47 recommending City Council approval of Zoning Ordinance Amendments to 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). 3. Ordinance approving Zoning Ordinance Amendments to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street Parking and Loading) and Chapter 8.116 (Zoning Clearance) and the creation of Chapter 8.66 (Large Family Day Care Homes). 4. Resolution amending Resolution 49-06 to revise the adopted fee schedule and add fees for the following applications: Large Family Day Care Homes Zoning Clearance and Large Family Day Care Homes Conditional Use Permit. 5. Ordinance amending Zoning Ordinance Chapter 8.70 (Recreational Facilities (Indoor)) related to Planned Development Zoning Districts. Page 7 of 7 a~ ~~ ,, ,,, '~~,-'"l~ STAFF REPORT CITY C L E R K ~ DUBLIN CITY COUNCIL Flle # ^©®D-C~© DATE: December 1, 2009 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager EXECUTIVE SUMMARY: SUBJEC ZOA 09-003: Zoning Ordinance Amendments (Legislative) -Amendments to the Dublin Municipal Code related to Large Family Day Care Homes including modifications to Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off-Street Parking and Loading), the creation of a new chapter, Chapter 8.66 (Large Family Day Care Homes) and amendments to the fee schedule as it relates to Large Family Day Care Homes. At the request of the Planning Commission, a modification to Chapter 8.70 (Indoor Recreational Facilities) is also being proposed. Prepared ey.• Mamie R. Waffle, Senior Planner The City Council will review City-initiated amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to Large Family Day Care Homes. The proposed amendments will modify the permit and parking requirements for Large Family Day Care Homes in order to streamline the application process. 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). Amendments to the fee schedule are also proposed to establish application fees for a Large Family Day Care Home. At the request of the Planning Commission, a minor modification to the recently approved Chapter 8.70 (Indoor Recreational Facilities) is included in the aforementioned amendments as it relates to Indoor Recreational Facilities within Planned Development Zoning Districts. FINANCIAL IMPACT: The proposed Zoning Ordinance Amendments include amendments to the fee schedule to establish fees for a Large Family Day Care Home Minor Use Permit and amendments to a Large Family Day Care Home Minor Use Permit. RECOMMENDATION: Staff recommends the City Council: 1) Receive the Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Take the following actions: a) Waive the reading and introduce an Ordinance amending Zoning Ordinance Chapter 8.12 (Zoning Districts and Permitted Uses) and Ghapter $.76 (Off-Street Parking and Loading) and the creation of Chapter 8.66 (Large Family Day Care Homes); b) Waive the reading and introduce an Ordinance amending Zoning Ordinance Chapter 8.70 ATTACHMENT 1 a~a~ (Recreational Facilities (Indoor)) relating to Planned Development Zoning Districts; and c) amend Resolution 49-06 to revise the adopted Fee Schedule and add fees for the following applications: Large Family Day Care Homes Minor Use Permit; Large Family Day Care Home Minor Amendment to a Minor Use Permit; and, Large Family Day Care Homes Major Amendment to a Minor Use Permit. Su, miffed By Community Development Director Rev d By Assistant City Manager DESCRIPTION: At the request of the City Council, 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. According to the State of California Community Care Licensing Division, a total of nine (9) Large Family Day Care Homes are currently operating in the City of Dublin. Since 2005, the City has approved five Conditional Use Permit (CUP) applications for Large Family Day Care Homes and a sixth application is currently being reviewed by Staff. Large Family Day Care Homes provide infant and child care for 9-14 children within a private residence. The Conditional Use Permit allows the City to evaluate Large Family Day Care Homes for compatibility with surrounding residences. This typically includes an evaluation of noise and parking impacts. Conditions of Approval are imposed on Large Family Day Care Homes to address noise and parking and to ensure on-going compatibility within a residential neighborhood. Due to the requirement that all parking and loading spaces for pick-up and drop-off of children be provided off-street, all Conditional Use Permit applications for Large Family Day Care Homes also include requests for a reduction in off-street parking requirements. In each case there has been adequate parking immediately adjacent to the Large Family Day Care Home to meet the demands of the use. From a land use planning perspective, the Conditional Use Permit applications were otherwise fairly straightforward. While, historically, Large Family Day Care Homes have had minimal impacts, all have been subject to the Conditional Use Permit requirement/process. The Conditional Use Permit process serves a valuable purpose: it allows Staff to examine certain types of uses in more detail to ensure the establishment and operation of the use does not have detrimental impacts to the community. However, after reviewing recent Conditional Use Permit applications for Large Family Day Care Homes, it appears that many, if not all, could have been properly examined without being subject to the traditional Conditional Use Permit process. Each of these applications was found to be compatible with surrounding properties. Staff has reviewed the Zoning Ordinance and is recommending Amendments that would modify the permit and parking requirements for Large Family Day Care Home applications to streamline the processing of applications. This would allow Large Family Day Care Homes to a~a~ be reviewed in a much shorter time frame and allow the establishment of a much needed service, infant and child care, within the community. 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 Livermore, Pleasanton, San Ramon and Danville, Staff found good examples of how other jurisdictions streamline the review of Large Family Day Care Homes. Table 1 below demonstrates the permit procedures and parking requirements for these jurisdictions. Tsl,la 4 Tri_va~~ev citing Larne Family Dav Care Permit Procedures and Parking Requirements __.CKY ... --.-Permit A A Permit Off-Street Parking Overconcentration Re wired Process does not include SFR Ordinance ` 1 per nonresident 300-feet from other Livermore Home Day • No Notice employee large family day Care Permit . No Hearing . 1 for dro -off/ ick-u cares • Public Notice • 1 loading space in 300-feet from other Pleasanton Use Permit • Hearing upon driveway 2nd loading space large family day (~) request curbside cares or nursery • Appeal to PC • Em to ees on street schools • Public Notice 300-feet from other San Ramon Minor Use • Hearing upon • 1 per 6 children large family day Permit (ZA) request • 1 per employee cares • A eal to PC Danville Land Use • Public Notice • Hearing required • 1 per teacher None Permit (PC) A l t CC . 1 per 10 children • ea o Conditional • Public Notice 1 per 4 children Dublin Use Permit • Hearing Required • 1 per nonresident None (PC) . alto CC em to ee SFR=Single Family Residence; ZA=Zoning Administrator, I'C=Planning Gomm~ss~on; cc=crry c:ouncu The Town of Danville regulates Large Family Day Care Homes similar to Dublin's current process requiring approval of a Conditional Use Permit by the Planning Commission. The Cities of Pleasanton and San Ramon require approval of a staff-level Use Permit which can be appealed to the Planning Commission; this process is similar to the Minor Use Permit process that has been approved for Dublin in conjunction with Indoor Recreational Facilities. The City of Livermore has a ministerial process in place for the approval of Large Family Day Care Homes with established development standards that Applicants must meet in order to obtain a permit. Approval of a Home Day Care Permit in the City of Livermore is not appealable. If an Applicant is not able to meet the development standards, approval of a Use Permit is required by the Zoning Administrator. An action of the Zoning Administrator can be appealed to the Planning Commission. The Livermore process is similar to the new process the City of Dublin recently adopted for indoor Recreational Facilities. Dublin's process allows the establishment of Indoor Recreational Facilities with approval of a Zoning Clearance if the project meets certain development standards. This is a ministerial action that is not appealable. For projects that do not meet the development standards, a Minor Use Permit is required. The ~ has Minor Use Permit process is discretionary and requires that a public notice be mailed to all property owners and tenants within 300-feet of the project and a public hearing is not required. The decision on a Minor Use Permit is, however, appealable to the Planning Commission. After reviewing applications for Large Family Day Care Homes that the City of Dublin has received over the past 5 years, and analyzing alternatives to streamline the process for future applications, Staff drafted a new Chapter to the Zoning Ordinance: Chapter 8.66 (Large Family Day Care Homes). This new Chapter provides a streamlined process for review of applications for Large Family Day Care Homes and is discussed below. In addition, Staff proposes amendments to the following Zoning Ordinance Chapters: 1) Chapter 8.12 (Zoning Districts and Permitted Uses) 2) Chapter 8.76 (Off Street Parking and Loading) These Amendments would provide a streamlined process for review of applications for Large Family Day Care Homes and are further discussed below. 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 (Attachment 1). Large Family Day Care Homes would continue to be permitted in the A, R-1, R-2 and R-M Zoning Districts. The approval process would be modified to require approval of a Minor Use Permit by the Community Development Director. The Minor Use Permit is described in the newly-proposed Chapter 8.102 of the Zoning Ordinance which is discussed further below. Large Famity Day Care Homes would also be permitted with approval of a Minor Use Permit by the Community Development Director in Planned Development (PD) Zoning Districts if not specifically prohibited and if the project site has an underlying Agricultural or Residential General Plan Land Use designation. This allowance for Large Family Day Care Homes in PD Zoning Districts is included in the proposed new chapter, 8.66 (Large Family Day Care Homes) which is discussed further below. Chaster 8.76 (Off Street Parking and Loading This Chapter is proposed to be modified to change the parking standards for Large Famity Day Care Homes (Attachment 2). 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 Livermore, Pleasanton, San Ramon and Danville was completed (see Table 1 above) and reviewed by the City's Traffic Engineer. Dublin's parking standards are proposed to be modified as follows: Table 2. Existing and Proposed Parking Standard for Large Family Dav Care Hemes Use T Existin Standard Pro Deed Standard Large Family Day Care 2 in enclosed garage per dwelling, 2 in enclosed garage per dwelling, Home (up to 14 children) plus 1 space far every employee plus 1 space for every employee not residing in the home, plus one not residing in the home, plus one loading space for every 4 children loading space for every 6 children in the facility in the facility; one loading space may occur on-street if within 150- feet of the dwellin S~aS The proposed amended parking standard for Large Family Day Care Homes reduces the number of loading spaces required from 1 space for every 4 children to 1 space for every 6 children. This reduces the loading space requirement for a Large Family Day Care Home with 14 children from 4 spaces to 2 spaces. (Note: In accordance with the Off-Street Parking and Loading Regulations, where the number of required parking spaces results in a fraction of 0.50 or higher, the parking requirement is rounded up fo the next whole space. Conversely, where the number of required parking spaces results in a fraction of less than 0.50, the parking requirement is rounded down to the next whole space.) The proposed amended parking standards also allow for a loading space to be provided on- street if it is within 150-feet of the residential dwelling where the Large Family Day Care Home is proposed to be established. Allowing an on-street loading space is consistent with what surrounding Tri-Valley cities currently allow and would eliminate the need to process a Conditional Use Permit for a Parking Reduction. New Chapter Chapter 8.66 (Large Family Day Care Homes) In addition to the aforementioned Amendments to the Dublin Zoning Ordinance, Staff is proposing the creation of Chapter 8.66 (Large Family Day Care Homes) (Attachment 3). This new Chapter sets forth certain development standards and regulations such as parking, hours of operation, hours of outdoor play and other regulations customary to Large Family Day Care Homes. Additionally, the new Chapter proposes a 300-foot separation between Large Family Day Care Homes located on the same street and a 500-foot separation between Large Family Day Care Homes located within the same cul-de-sac. The proposed separation requirement would prevent an over-concentration of Large Family Day Care Homes. Of the nine Large Family Day Care Homes in Dublin which are currently licensed by the State of California Community Care Licensing Division, all meet the proposed 300-foot and 500-foot separation: The concept behind the development standards and regulations is that if Large Family Day Care Homes can meet these standards then the impacts of the Day Care Home would be low and the use can be permitted with a minimal amount of application processing. If Large Family Day Care Homes are able to meet the development standards and regulations, then a Minor Use Permit would be granted by the Community Development Director. If the development standards and regulations cannot be met, then a Conditional Use Permit would be considered by the Planning Commission at a public hearing. The proposed development standards and regulations for Large Family Day Care Homes are as follows: 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 specfcally 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. A Large Family Day Care Home shall comply with the following parking regulations: 7. 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. C. Hours of Operation. Hours of operation for the Large Family Day Care Home shall be na 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 Separa#ion. A minimum 300-foot separation is required between ail 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. I. 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 shalt remain current and valid throughout the life of the Large Family Day Care Home. ~~a~ 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.fi4 (Property Maintenance); and Chapter 7.32 (Building Security). Minor Use Permit With these development standards playing a key role, the approval process for Large Family Day Care Homes would be as follows: Chart 1. Proposed Approval Process for Large Family Day Care Homes Can the proposed Large Family Day Care Home meet the I I Development Standards and Regulations listed above? YES Minor Use Permit • Community Development Director approval • Ability to apply Conditions of Approval, if necessary • 300-foot radius Public Notice • No Public Hearing • Quicker timeframe • Appealable to the Planning Commission NO Conditional Use Permit • Planning Commission approval • Ability to apply Conditions of Approval • 300-foot radius Public Hearing Notice • Public Hearing • Appealable to the City Council The Minor Use Permit process is a new process that was approved by the City Council in conjunction with amendments to the Zoning Ordinance as it relates to Indoor Recreational Facilities. The Minor Use Permit is described in the newly-adopted, Chapter 8.102 to the Zoning Ordinance (Attachment 4). It is 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, if necessary, to ensure on-going compatibility with surrounding properties. 3. Planning Staff makes a recommendation to the Community Development Director. 4. A Public Notice (also known as a Notice of Decision) is prepared and circulated to: the property owner; the applicant; local agencies providing facilities and services; any person who specifically requests notice; owners of real property within 300-feet of the project; occupants of property contiguous to the project; and any additional persons the Director deems necessary. ~~as" 5. The Public Notice includes information such as: the date and time that the decision will be made; the name of the body making the decision; a general explanation of the matter to be considered; and a general description of the property that is the subject of the decision. The Public Notice is distributed ten (10) days before the date of the scheduled decision. 6. The Community Development Director's decision on a Minor Use Permit application can be appealed to the Planning Commission. If an application for a Large Family Day Care Home does not meet the development standards and regulations described above, approval of a Conditional Use Permit by the Planning Commission would be required. If, at any time during the review process, the Community Development Director determines that the proposed Large Family Day Care Home 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. PLANNING COMMISSION MEETING: On November 10, 2009, Staff presented the proposed Zoning Ordinance amendments to the Planning Commission for their review and consideration. The Planning Commission discussed the zoning text changes and adopted a Resolution (Attachment 5) recommending City Council approval of the Zoning Ordinance amendments to 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). Included in the Planning Commission's motion is a recommendation to the City Council that the General Public Appeal Fee of a Minor Use Permit to the Planning Commissian be reduced (Attachment 6). Additional discussion on this topic is provided below in the section on Fee Schedule Modifications. In addition to discussing the amendments related to Large Family Day Care Homes, Planning Commission Chair Wehrenberg also asked about the recent Zoning Ordinance amendments related to Indoor Recreational Facilities. Additional discussion on this topic is provided below in the section on Indoor Recreational Facilities. FEE SCHEDULE MODIFICATIONS: Because the proposed permitting process for Large Family Day Care Homes includes a new application process which is not yet in place, Staff is proposing that the City Council amend the Fee Schedule to include fees for the new Large Family Day Care Minor Use Permit application and for Minor and Major amendments to a Large Family Day Care Home Minor Use Permit. Minor amendments and Major amendments to a Minor Use Permit are described in Chapter 8.102 (Minor Use Permit) (see Attachment 4). Application fees to establish Large Family Day Care Homes in surrounding cities vary widely. Livermore requires a Home Day Care Permit which requires no notice or hearing; the application fee is $270. Pleasanton requires a Use Permit with a public notice and hearing upon request; the application fee is $15. San Ramon requires a Minor Use Permit process with a public notice and hearing upon request; the application fee is $1,335. The Town of Danville requires a Conditional Use Permit to be approved by the Planning Commission; the application fee is $1,320. '~' ~. Dublin's cost for many planning applications is for the actual time and materials spent in reviewing the application and facilitating the application through the City's approval process. Time and materials include all Staff time associated with processing a project application, which can often amount to a large sum of money. In many cases, the City ends up subsidizing permit fees for applications. The current application fee for a Large Family Day Care Conditional Use Permit (CUP) is subsidized and is currently $100 for a CUP that is reviewed by the Planning Commission. The intent of subsidizing the fees is to keep the cost of the review process from being overly burdensome to the Applicants. Staff is proposing that the fees for Large Family. Day Care Homes continue to be subsidized in order to encourage the continued establishment of this service within the community. Staff has prepared the following estimates and is recommending flat fee amounts for the processing of Large Family Day Care Home applications. Est. Staff time Total Staff Cost Recommended Fee Minor Use Permit 8 hours $1,034.16 $100 Minor Use Permit Minor Amendment 2 hours $258.54 $25 Minor Use Permit Ma'or Amendment 8 hours $1,034.16 $100 At the November 10, 2009 Planning Commission meeting, the Planning Commission discussed the appeal process for a Large Family Day Care Minor Use Permit. Members of the Planning Commission expressed concems that a Minor Use Permit approved by the Community Development Director creates a process by which two appeals could be filed (one appealing the Director's decision to the Planning Commission and the second appealing the Commission's decision to the City Council) and the cost that would be incurred by an appellant. The current General Public Appeal fee is $175 whereas an Applicant who files an appeal is required to pay time and materials for the processing of the appeal. Some Commissioners expressed concerns that applications for a Large Family Day Care Home Minor Use Permit would be appealed due to the absence of a public hearing where residents could voice their concerns. Staff researched all prior Large Family Day Care Home applications and found that no General Public Appeal has ever been filed for a Large Family Day Care Home. One application was appealed by the Applicant to the City Council after being denied by the Planning Commission; however, all other Large Family Day Care Homes have been approved by the Planning Commission and none have ever been appealed. It is possible that a Large Family Day Care Home Minor Use Permit could be appealed by a concerned resident(s) and in such cases Staff believes that a General Public Appeal fee would be appropriate. According to Staff estimates, up to 20 hours could be spent in processing an appeal at a cost to the City of $2,585.40. The General Public Appeal fee is a subsidized fee that does not cover the cost of processing an appeal; however, it does encourage more thoughtful appeals that include legitimate concerns about the project. In adopting Resolution 09-47 (see Attachment 5), the Planning Commission recommended that the City Council approve the amendments to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street Parking and Loading) and the creation of Chapter 8.66 (Large ,~~a~ Family Day Care Homes) with a recommendation that the General Public Appeal fee be reduced (see Attachment 6). Should the City Council decide that a reduced General Public Appeal fee is appropriate, the City Council could direct Staff to modify the draft Resolution (Attachment 7) amending Resolution 49-06 to revise the adopted fee schedule and add a reduced fee for the General Public Appeat of a Minor Use Permit to the Planning Commission. INDOOR RECREATIONAL FACILITIES: 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. On November 17, 2009 the City Council adopted Amendments to the Dublin Municipal Code related to Indoor Recreational Facilities. These Amendments included, in part, the creation of Chapter 8.70 (Recreational Facilities (Indoor)) (Attachment 8) and the new Minor Use Permit process (see Attachment 4). As adopted, Chapter 8.70 (Recreational Facilities (Indoor)) states that an Indoor Recreational Facility shall comply with all development standards and regulations for the zoning district in which it is located. This statement can be generally interpreted to apply to Planned Development (PD) Zoning Districts; however, some existing Planned Development Zoning Districts may prohibit an Indoor Recreational Facility while others may permit it by-right. At the request of the Planning Commission, an Amendment to Chapter 8.70 (Recreational Facilities (Indoor)} is being proposed (Attachment 9). The proposed amendment clarifies the regulation of Indoor Recreational Facilities across all Planned Development Zoning Districts in the same manner as Large Family Day Care Homes, as described in this Staff Report. The proposed amendment is as follows: 8.70.030.A Permitted in the C-1, C-2, M-P, M-1, M-2, and certain Planned Development Zoning Districts. An Indoor Recreational Facility may be established only in the C-1, C-2, M-P, M-1, and M-2 Zoning Districts. An Indoor Recreational Facility 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 Commercial or Industrial General Plan Land Use designation. Any PD regulations which require a Conditional Use Permit for an Indoor Recreational Facility shall be superseded by this Chapter. Any Indoor Recreational Facility in a PD Zoning District, unless specifically prohibited or expressly permitted by right, shall be subject to the requirements of this Chapter. A draft Ordinance (Attachment 10) has been prepared for City Council consideration that adds Section 8.70.030A to address the Planning Commission's direction. 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. The proposed Ordinance does not allow any new uses, but rather simplifies the permitting process for an already permitted use, and brings the parking requirements and other regulations for Large Family Day Care Homes more in line with those of neighboring jurisdictions. In addition, CEQA Guidelines --~a~ section 15274 explicitly exempts from CEQA the establishment or operation of Large Family Day Care Homes. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a public notice was published twice in the Valley Times and posted at several locations throughout the City. A notice of this hearing was mailed to those requesting such notice 14 days before the hearing and the Staff Report and attachments were made available for public review 10 days prior to the public hearing in accordance with Government Code Sections 66016 and 66017. 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 businesses in Dublin. Based on this review, modifications are proposed to be made to the Zoning Ordinance in order to provide a more streamlined and efficient application process for Large Family Day Care Homes. By reducing the level of review required for this use, the City would encourage Large Family Day Care Homes which have minimal impacts on surrounding properties while maintaining the appropriate level of review for those that may generate more significant impacts. In evaluating the proposed Zoning Ordinance amendments to modify the permit and parking requirements for Large Family Day Care Homes, and in an effort to facilitate quicker processing of these applications, Staff reviewed the permit and parking requirements of other jurisdictions in the Tri-Valley area. The proposed Amendments incorporate the concept of establishing development standards, similar to the City of Livermore's ministerial process, while retaining the public noticing and appeal procedures that are required for a discretionary review process. The development standards provide Applicants with more certainty in obtaining approval of a Large Family Day Care Home while the Minor Use Permit process requires a public notice to provide concerned residents an opportunity to participate in the approval process by submitting comments during the public noticing period; concerned residents also have the ability to appeal the Community Development Director's decision on a Minor Use Permit. Additionally, a minor modfication is proposed to Chapter 8.70 (Recreational Facilities (Indoor)) to clarify the establishment of Indoor Recreational Facilities within existing Planned Development Zoning Districts in the same manner as proposed for Large Family Day Care Homes. ATTACHMENTS: 1. Chapter 8.12 (Zoning Districts and Permitted Uses) with modifications to the text in strikethrough (remove) and underline (new) (for informational purposes only). 2. Chapter 8.76 (Off-Street Parking and Loading) with modifications to the text in strikethrough (remove) and underline (new) (for informational purposes only). 3. Proposed New Chapter 8.66 (Large Family Day Care Homes) (for informational purposes only). 4. Chapter 8.102 (Minor Use Permit). 5. Planning Commission Resolution 09-47 recommending City Counci! approval of Zoning Ordinance Amendments to is ~,~- 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). 6. Draft Planning Commission Meeting Minutes, November 10, 2009. 7. Resolution amending Resolution 49-06 to revise the adopted fee schedule and add fees for the following applications: Large Family Day Care Homes Minor Use Permit, Large Family Day Care Homes Minor Amendment to a Minor Use Permit, and Large Family Day Care Homes Major Amendment to a Minor Use Permit. 8. Chapter 8.70 (Recreational Facilities (Indoor)). 9. Revised Chapter 8.70 (Recreational Facilities (Indoor)) with modfications to the text in strikethrough (remove) and underline (new) (for informational purposes only). 10. Ordinance amending Zoning Ordinance Chapter 8.70 (Recreational Facilities (Indoor)) related to Planned Development Zoning Districts. 11. Ordinance approving Zoning Ordinance Amendments to 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). t3 ~a~ RESOLUTION N0.09 - 47 A RESOLUTION OF THE PLANNING CONIlVIISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENTS TO CHAPTER 8.12 (ZONING DISTRICTS AND PERNIITTED USES) AND CHAPTER 8.76 (OFF-STREET PARKING AND LOADING) AND THE CREATION OF CHAPTER 8.66 (LARGE FANIILY 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 proposed Zoning Ordinance amendments are set forth in the proposed Ordinance that is attached as Exhibit A to this Resolution; and WHEREAS, pursuant to Section 8.120.OSO.B of the Dublin Municipal Code, the Planning Commission finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable Specific Plans; and WHEREAS, the project has been found to be exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(bx3) because the proposed Zoning Ordinance Amendments do not have the potential for causing a significant effect on the environment; and WHEREAS, the proposed amendments for Large Family Day Care Homes would be contingent upon City Council approval of tbe proposed amendments for Indoor Recreational Facilities which would create a Minor Use Permit process by which Large Family Day Care Homes would be subject to; and WHEREAS, the Planning Commission did hold a public hearing on the proposed Zoning Ordinance amendments on November 10, 2009, for which proper notice was given in accordance with California State Law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend City Council approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the Planning Commission at its November 10, 2009, meeting did hear and use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. Attachment 2 ~~+ ~~s NOW THEREFORE, BE lT' RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council approve the proposed Zoning Ordinance Amendments as described in Exhibit A to this Resolution. PASSED, APPROVED AND ADOPTED this 10~' day of November 2009 by the following votes: AYES: Wehrenberg, Brown, Schaub, King and Swalwell NOES: ABSENT: ABSTAIN: P anning Commission ATTEST: Pl Manager l 2 of 2 Y ~~ ORDINANCE NO. XX -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING ZONING ORDINANCE CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES), CHAPTER 8.76 (OFF-STREET PARKING AND LOADING) AND CHAPTER 8.116 (ZONING CLEARANCE) 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), Chapter 8.76 (Off- Street Parking and Loading) and Chapter 8.116 (Zoning Clearance) 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 09-47 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 December 1, 2009; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Zoning Ordinance Amendments; and WHEREAS, at the December 1, 2009 City Council meeting the City Council directed Staff to modify the Zoning Ordinance Amendments to change the permitting process for Large Family Day Care Homes from the proposed Minor Use Permit process to a Zoning Clearance process with prescribed development standards; and WHEREAS, a properly noticed public hearing was held by the City Council on January 19, 2010; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Zoning Ordinance Amendments; and Page 1 of 6 ATTACHMENT 3 WHEREAS, pursuant to section 8.120.050.6 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 it can be seen with certainty that there is no possibility that the amendments to Title 8 (Zoning Ordinance) of the Dublin Municipal Code may have a significant effect on the environment. The proposed Ordinance does not allow any new uses, but rather simplifies the permitting process for an already permitted use, and brings the parking requirements and other regulations for Large Family Day Care Homes more in line with those of neighboring jurisdictions. In addition, CEQA Guidelines section 15274 explicitly exempts from CEQA the establishment or operation of Large Family Day Care Homes. 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 r'r~'r~:g# and text to be added is shown as underlined. Only those Sections of the Ordinance which are proposed to be amended are shown.) RESIDENTIAL USE TYPES RESIDENTIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Family Day G/RC 6/R6~ G/RG G~RC - - - - - - - Care Home/ ZC/ ZC/ ZC/ ZC/ Large (up to 14 CUP CUP CUP CUP children) (See Cha ter 8.66 SECTION 3. Chapter 8.76.070.6 (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 and text to be added is shown as underlined. Only those Sections of the Ordinance which are proposed to be amended are shown.) 2 of 6 f~ ~ a~ B. Residential Use Types. spaces as follows: Residential Use Types shall provide off-street parking 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 8.116 (Zoning Clearance) of the Dublin Municipal Code is hereby amended to read as follows: (Text to be removed is shown in etr-ileug# and text to be added is shown as underlined. Only those Sections of the Ordinance which are proposed to be amended are shown.) 8.116.010 Purpose. The purpose of this Section is to establish a procedure for certifying conformance of a Building Permit, Sign application, of Recreational Facility (Indoor) or Large Family Day Care Home 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. 8.116.020 Applications Requiring a Zoning Clearance. D. Large Family Day Care Homes that meet the standards specified in Chapter 8.66 (Large Familv Dav Care Homes). 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 Large Familv Dav Care Home, the Applicant shall submit a "Zoning Clearance for Large Familv Dav Care Homes" form along with such information requested on said form. 8.116.040 Approval. The Director shall decide Zoning Clearance applications as follows: D. Large Familv Dav Care Homes. All Large Familv Dav Care Homes shall be reviewed for compliance with Chapter 8.66 (Carpe Familv Dav Care Homes). The Zoning Clearance approval for Large Familv Dav Care Homes shall be a completed "Zoning Clearance for Large Family Day Care Homes" form with the date and signature of the Community Development Director orhis/her designee. 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 Facility (Indoor) or Large Family Day Care Home shall expire when the use is no longer operational or the #asili#y use is no longer in compliance with Chapter 8.70 (Recreational Facilities 3of6 I ~- has (Indoor)) or Chapter 8.66 (Large Family Day Care Homes). Rev. Ord. xx-09 (November 2009) SECTION 5. 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. 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 Zoning Clearance to be reviewed by the Community Development Director as described in Chapter 8.116 (Zoning Clearance). 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). 8.66.030 Development Standards and Regulations. An application for a Zoning Clearance 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 4 of 6 ~~ ~~~ ~- 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. 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 or wall 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. I. Business License. The operator of the Large Family Day Care Home shall obtain a City of Dublin Business License prior to opening 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 Zoning Clearance. A Zoning Clearance 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 5of6 ~.~ a~ ,A: , Section 8.66.030, a Conditional Use Permit for the Large Family Day Care Home shall be required. SECTION 6. 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 7_ 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 8. 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 2010, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 6 of 6 oZ ~ a~ RESOLUTION NO. XX - 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING RESOLUTION 49-06 TO REVISE THE ADOPTED FEE SCHEDULE AND ADD A FEE FOR LARGE FAMILY DAY CARE HOMES ZONING CLEARANCE AND AMEND THE CURRENT FEE FOR A LARGE FAMILY DAY CARE HOME CONDITIONAL USE PERMIT (ZOA 09-003) WHEREAS, the City Council has adopted amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) amending Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.76 (Off-Street Parking and Loading) and Chapter 8.116 (Zoning Clearance) as it relates to Large Family Day Care Homes and has adopted the new Chapter 8.66 (Large Family Day Care Homes); and WHEREAS, together, these amendments establish a process for reviewing applications for Large Family Day Care Homes within the jurisdictional limits of the City of Dublin via a Zoning Clearance; and WHEREAS, the City Council adopted the current fee schedule on April 18, 2006 by Resolution 49-06 and the fees took effect on July 1, 2006; and WHEREAS, there is currently no application fee amount listed in the fee schedule for a Large Family Day Care Home Zoning Clearance; and WHEREAS, a Staff Report was submitted outlining the staff time estimated in processing a Large Family Day Care Home Zoning Clearance; and WHEREAS, at the direction of the City Council Staff has recommended a reduced application fee to encourage and promote the establishment of Large Family Day Care Homes in Dublin; and WHEREAS, Staff estimates that it would take approximately 3 hours to process a Large Family Day Care Home Zoning Clearance at a cost to the City of $387.81; and WHEREAS, the recommended application fee is approximately 25% of the total cost to process the application and amounts to $100.00; and WHEREAS, Staff estimates that it would~take approximately 20 hours to process a Large Family Day Care Home Conditional Use Permit at a cost to the City of $2,585.40; and WHEREAS, the recommended application fee is approximately 25% of the total cost to process the application and amounts to $650.00; and WHEREAS, the City Council held a properly noticed public hearing on said fees on December 1, 2009 and January 19, 2010; and Attachment U a~ NOW, THEREFORE, the City Council of the City of Dublin does RESOLVE to amend Resolution 49-06 to revise the adopted fee schedule and add new fees for the following applications: Large Family Day Care Home Zoning Clearance - $100.00 Large Family Day Care Home Conditional Use Permit - $650.00 BE IT FURTHER RESOLVED, that the adoption of new fees for a Large Family Day Care Home Zoning Clearance and a Large Family Day Care Home Conditional Use Permit shall take effect when Ordinance XX-10 becomes effective. PASSED, APPROVED AND ADOPTED this 19th day of January, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor 2 of 2 ~3 ORDINANCE NO. xx -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING ZONING ORDINANCE CHAPTER 8.70 (RECREATIONAL FACILITIES (INDOOR)) RELATING TO PLANNED DEVELOPMENT ZONING DISTRICTS 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, on November 3, 2009 and November 17, 2009, Staff presented to the City Council a series of 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, a properly noticed public hearing was held by the City Council on November 3, 2009 and November 17, 2009 and Ordinance No. xx-09 was approved by the City Council on November 17, 2009; and WHEREAS, at a Planning Commission meeting held on November 10, 2009 where the Planning Commission was reviewing proposed Zoning Ordinance amendments related to Large Family Daycare Homes, the request was made by the Planning Commission to ensure that the recently-approved Indoor Recreational Facility Zoning Ordinance amendments included provisions similar to those in the Large Family Day Care Homes amendments that would allow the Indoor Recreational Facility use in Planned Development Zoning Districts; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Zoning Ordinance Amendments; and WHEREAS, pursuant to section 8.120.050.6 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 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 15601(b)(3). Section 15601(b)(3) states that CEQA applies only to those projects that have the potential to cause a ATTACHMENT 5 a ~ ~ ~~~ significant effect on the environment. Adoption of this Ordinance is exempt from CEQA b cause it can be seen with certainty that there is no possibility that the amendments to Title 8 (Zoning Ordinance) of the Dublin Municipal Code may have a significant effect on the environment. The proposed Ordinance does not allow any new uses, but rather simplifies the permitting process for an already permitted use. Section 2: Chapter 8.70 (Recreational Facility (Indoor)) of Title 8 of the Dublin Municipal Code is amended to include new section 8.070.030.A to read as follows (new text underlined): 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. A. Permitted in the C-1, C-2, M-P, M-1, M-2, and certain Planned Development Zoning Districts. An Indoor Recreation Facility may be established only in the C-1, C-2, M-P, M-1, and M-2 Zoning Districts. An Indoor Recreation Facility 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 Commercial or Industrial General Plan Land Use designation. Any PD regulations which require a Conditional Use Permit for an Indoor Recreation Facility shall be superseded by this Chapter. Any Indoor Recreation Facility in a PD Zoning District, unless specifically prohibited or expressly permitted by right, shall be subject to the requirements of this Chapter. Section 3: 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 4: 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 5: This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. 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 39633 of the Page 2 of 3 Government Code of California. as ~~s PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this _ day of , 2010, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Page 3 of 3