HomeMy WebLinkAboutOrd 04-10 Rec Facilities Ch 8.70ORDINANCE NO.4 -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.B 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
Ord No. 4-10, Adopted 2/2/10, Item 4.5 Page 1 of 3
15601(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.
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:
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
Ord No. 4-10, Adopted 2/2/10, Item 4.5 Page 2 of 3
least three (3) public places in the City of Dublin in accordance with Section 39633 of the
Government Code of California.
PASSED, APPROVED, AND ADOPTED this 2"d day of February, 2010, by the following
vote:
AYES: Councilmembers Biddle, Hildenbrand, Scholz, and Mayor Sbranti
NOES:
ABSENT: Councilmember Hart
ABSTAIN:
y
Mayor
ATTEST:
G,,~
City Clerk
Ord No. 4-10, Adopted 2/2/10, Item 4.5 Page 3 of 3