HomeMy WebLinkAboutOrd 03-10 Lg Day Care, Off-St PkngORDINANCE NO. 3 -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
Ord No. 3-10, Adopted 2/2/10, Item 4.5 Page 1 of 6
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:
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 Care ZC/ ZC/ ZC/ ZC/ - - - - - - -
Home/ Large CUP CUP CUP CUP
(up to 14
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:
B. Residential Use Types. Residential Use Types shall provide off-street parking
spaces as follows:
Ord No. 3-10, Adopted 2/2/10, Item 4.5 Page 2 of 6
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 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:
8.116.010 Purpose. The purpose of this Section is to establish a procedure for certifying
conformance of a Building Permit, Sign application, er 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 Family Day 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 Family Day Care Home, the Applicant shall
submit a "Zoning Clearance for Large Family Day 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 Family Day Care Homes. All Large Family Day Care Homes shall be
reviewed for compliance with Chapter 8.66 (Large Family Day Care Homes). The
Zoning Clearance approval for Large Family Day 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 or his/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
use is no longer in compliance with Chapter 8.70 (Recreational Facilities (Indoor))
or Chapter 8.66 (Large Family Day Care Homes). Rev. Ord. 3-10 (February
2010)
Ord No. 3-10, Adopted 2/2/10, Item 4.5 Page 3 of 6
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
dropping off or picking up children shall first use an available off-street loading
space.
Ord No. 3-10, Adopted 2/2/10, Item 4.5 Page 4 of 6
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
Section 8.66.030, a Conditional Use Permit for the Large Family Day Care Home
shall be required.
Ord No. 3-10, Adopted 2/2/10, Item 4.5 Page 5 of 6
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 this 2"d day of February 2010, by the following
vote:
AYES: Councilmembers Biddle, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: Councilmember Hart
ABSTAIN: None
Mayor
ATTEST:
G~
City Clerk
Ord No. 3-10, Adopted 2/2/10, Item 4.5 Page 6 of 6