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HomeMy WebLinkAbout8.4 ZOA 09-004 Amend. to Eating & Drinking Establishments Park/LoadSTAFF REPORT PLANNING COMMISSION DATE: March 9, 2010 TO: Planning Commission SUBJECT: PUBLIC HEARING: ZOA 09-004: Zoning Ordinance Amendments (Legislative) - Amendments to the Dublin Municipal Code related to Eating and Drinking Establishments including modifications to Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street Parking and Loading) and Chapter 8.104 (Site Development Review). Report prepared by Mamie R. Waffle, Senior Planner EXECUTIVE SUMMARY: 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. Staff has reviewed Eating and Drinking Establishments and Outdoor Seating and prepared Zoning Ordinance amendments which would redefine an Eating and Drinking Establishment, clarify where Eating and Drinking Establishments and Outdoor Seating are permitted, modify the approval process for Outdoor Seating, and modify the parking requirements for Eating and Drinking Establishments and Outdoor Seating. RECOMMENDATION: Staff recommends that the Planning Commission: 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) Adopt a Resolution recommending City Council approval of Zoning Ordinance Amendments to Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street Parking and Loading) and Chapter 8.104 (Site Development Review), with the draft Ordinance attached as Exhibit A. Submitted By: evi ed By: Senior Planner Planning Manager COPIES TO: File ITEM NO.: Page 1 of 10 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. Recent Zoning Ordinance amendments included modifications to Indoor Recreational Facilities and Large Family Day Care Homes. In keeping with the City Council's direction, Staff has reviewed Eating and Drinking Establishments and Outdoor Seating and prepared Zoning Ordinance amendments which would redefine an Eating and Drinking Establishment, clarify where Eating and Drinking Establishments and Outdoor Seating are permitted, modify the approval process for Outdoor Seating, and modify the parking requirements for Eating and Drinking Establishments and Outdoor Seating. Eating and Drinking Establishments Currently, the Dublin Zoning Ordinance contains one definition for Eating and Drinking Establishments which encompasses all establishments which provide food or drink, regardless of whether the food or drink is consumed on-site or off-site (i.e. sit-down, take-out or delivery). The current definition of an Eating and Drinking Establishment is as follows: Eating and Drinking Establishment (use type). The term Eating and Drinking Establishment shall mean restaurants, banquet facilities, bars, and taverns and other establishments selling prepared foods and drinks for on-premise consumption, as well as drive-through restaurants, lunch counters and refreshment stands selling prepared food and drinks for either immediate or off- premise consumption, or other purveyors determined to be substantially similar to the above by the Director of Community Development. Eating and Drinking Establishments are permitted or conditionally permitted in the Commercial and Industrial Zoning Districts as shown in Table 1 below. An Eating and Drinking Establishment that has a Drive-Through is subject to approval of a Conditional Use Permit by the Planning Commission and is limited to specific Commercial Zoning Districts (see Table 1 below). Table 1. Zonina Districts and Permitted Uses of Land COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Drive-in/Drive- - - - - - C/PC C/PC C/PC - - - through Business Eating and - - - - C/ZA C/ZA P P C/ZA C/ZA - Drinking Establishment Chapter 8.76 (Off-Street Parking and Loading Regulations) of the Zoning Ordinance sets forth the parking requirements by Use Type. The off-street parking requirements for an Eating and Drinking Establishment distinguish between Fast Food with Drive-Through, Convenience and Full Service restaurants (see Table 2 below). The Zoning Ordinance does not provide a definition for Convenience or Full Service restaurants; however, because the parking requirements are the same and they are not treated as separate Use Types in Chapter 8.12 (Zoning Districts and Permitted Uses), a definition has not been needed. 2 of 10 Table 2. Off-Street Parking and Loading Regulations: Eating and Drinking Establishments and Outdoor Seating COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Eating and Drinking Establishment Fast Food with drive-through 1 per 50 square feet Convenience 1 per 100 square feet Full Service 1 per 100 square feet Outdoor Seating 1 per 100 square feet The Off-Street Parking and Loading Regulations require that all parking be calculated based on the gross floor area of the business and that required parking resulting in a fraction of 0.50 or higher be rounded up to the next whole space. Outdoor Seating Outdoor Seating is a separate Use Type and is allowed only in conjunction with an Eating and Drinking Establishments. Outdoor Seating is defined as follows: Outdoor Seating (use type). The term Outdoor Seating shall mean outdoor seating for the purposes of dining for patrons of an Eating and Drinking Establishment. Outdoor seating is subject to approval of a Conditional Use Permit by the Planning Commission in the Commercial Zoning Districts (see Table 3 below). In recent years, adopted Development Plans for commercially zoned PD (Planned Development) Zoning Districts have required approval of a Site Development Review Waiver for the layout of outdoor seating areas in place of a Conditional Use Permit. Table 3. Zoning Districts and Permitted Uses of Land: Outdoor Seating COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Outdoor Seating - - - - C/PC C/PC C/PC C/PC - - - The off-street parking requirement for Outdoor Seating is 1 parking space for every 100 square feet of gross dining area (see Table 2 above). Proposed Amendments Staff is recommending amendments to the Zoning Ordinance that would redefine Eating and Drinking Establishments, clarify where Eating and Drinking Establishments and Outdoor Seating are permitted, modify the approval process for Outdoor Seating, and modify the parking requirements for Eating and Drinking Establishments and Outdoor Seating. The proposed amendments would create greater flexibility for locating Eating and Drinking Establishments within existing shopping centers and reduce the amount of Staff time spent on conducting shopping center parking studies and processing Conditional Use Permits for parking exceptions. The proposed amendments would also facilitate the establishment of Outdoor Seating and reduce the amount of Staff time spent on processing Conditional Use Permits for this Use Type. 3of10 ANALYSIS: Eating and Drinking Establishments In evaluating the applicability of the current parking requirements for Eating and Drinking Establishments, Staff researched the parking requirements of other Tri-Valley cities including Livermore, Pleasanton, San Ramon and Danville. The parking requirements vary across each city with Dublin and Danville being among the most restrictive (see Table 4). Table 4. Tri-Valley Cities Eating and Drinking Establishments Parking Requirements City Off-Street Parking . 1 parking space per 3 seats unless in a shopping center Livermore • Per Zoning District when in shopping center • 1 parking space per seat in a shopping center with more than 25% of floor area devoted to restaurants Pleasanton • 1 parking space per 3 seats or 1 parking space per 200 square feet, whichever is greater San Ramon • 1 parking space per 100 square feet of floor area accessible to customers • 1 parking space per 2 employees on the largest shift Danville • 1 parking space per 3 seats or 1 parking space per 100 square feet, whichever is greater Dublin . 1 parking space per 100 square feet City of Livermore The City of Livermore distinguishes between "stand alone" restaurants and restaurants located within a shopping center. A "stand alone" restaurant is parked on a per seat basis (1 parking space for every 3 seats within the restaurant). When a restaurant is located within a shopping center, the City of Livermore applies a shopping center parking standard. The shopping center parking standard varies by Zoning District. In order to ensure that adequate parking is available for all Use Types, the City of Livermore limits the total square footage of restaurants within a shopping center to 25% of the total floor area of the shopping center. A shopping center parking standard applies to all Use Types within a shopping center regardless of the type of business and is beneficial because it is common for people to patronize multiple uses within the same shopping center in one visit. City of Pleasanton The City of Pleasanton requires 1 parking space for every 3 seats in a restaurant or 1 parking space for every 200 square feet of floor area, whichever is greater. For example, a 1,100 square foot sandwich shop with 32 seats would yield 6 parking spaces (at 1 per 200 square feet) or 11 parking spaces (at 1 per 3 seats). In Pleasanton, the parking requirement for the sandwich shop would be 11 spaces, the greater of the two parking requirements. 4of10 City of San Ramon The City of San Ramon requires 1 parking space for every 100 square feet of floor area accessible to customers (as opposed to the gross floor area of the entire restaurant). San Ramon also requires 1 parking space for every 2 employees on the largest shift. This parking requirement addresses both customer and employee parking demand. Town of Danville The Town of Danville, like Pleasanton, requires the greater of two parking standards. Danville requires 1 parking space for every 3 seats or 1 parking space for every 100 square feet of floor area, whichever is greater. Using the example above of a 1,100 square foot sandwich shop with 32 seats, the parking requirement would be 11 spaces (at 1 per 100 square feet) or 11 spaces (at 1 per 3 seats). Outdoor Seating Outdoor Seating is allowed only in conjunction with an Eating and Drinking Establishment and provides outdoor dining opportunities for patrons of the establishment. Outdoor Seating can vary from just a few tables and chairs to a designated outdoor patio that is either enclosed with a low fence or wall or completely open (unenclosed). While Outdoor Seating is typically provided year-round, it tends to be more heavily used on a seasonal basis in the Spring and Summer months when outdoor dining is a more pleasant experience. In evaluating the applicability of the current parking requirements for Outdoor Seating, Staff again researched the parking requirements of Livermore, Pleasanton, San Ramon and Danville. Similar to the parking requirements for Eating and Drinking Establishments, the requirements for Outdoor Seating vary across each city (see Table 5). Table 5. Tri-Valley Cities Outdoor Seating Parking Requirements City Parking Requirements Livermore • Only allowed in Downtown Specific Plan Area No Requirement) Pleasanton • Reviewed on a case-by case basis 1-12 seats = no parking required San Ramon • 13+ seats = 1 per 3 seats • First 25% of interior seat count = free Danville . Second 25% of interior seat count = 1/6 seats • Remaining interior seat count = 1/3 seats Dublin . 1 parking space per 100 square feet City of Livermore The City of Livermore only allows outdoor seating in the Downtown Specific Plan Area and limits the duration to a period of 8 months beginning on March 15tH and ending on November 15tH Livermore provides the furniture for outdoor seating and does not require additional parking and actually permits up to 25% of the total number of parking spaces to be converted to outdoor dining use. 5 of 10 City of Pleasanton The City of Pleasanton reviews outdoor seating on a case-by-case basis. In the downtown area of Pleasanton a permit is required to ensure that accessibility requirements are met; however, no additional parking is required for an outdoor dining area. City of San Ramon The City of San Ramon employs a tiered approach to requiring parking for outdoor seating. Between 1 and 12 outdoor seats do not require any additional parking; 13 or more seats require 1 parking space for every 3 outdoor seats. Town of Danville The Town of Danville also employs a tiered approach to requiring parking for outdoor seating but to a slightly greater degree. Danville looks at the interior seat count of an eating and drinking establishment and allows up to 25% of the interior seat count to be provided as outdoor seating without imposing an additional parking requirement. For example, a restaurant that has 40 indoor seats could provide up to 10 outdoor seats without having to provide additional parking. If this restaurant wanted to provide 20 outdoor seats, the first 10 would not require additional parking however the second 10 would be required to be parked at 1 space for every 6 seats (2 parking spaces). If this restaurant wanted more than 20 seats, the additional outdoor seats would be required to be parked at 1 space for every 3 seats. Proposed Amendments After reviewing a variety of Eating and Drinking Establishments in Dublin and evaluating the parking requirements of surrounding jurisdictions, Staff is proposing amendments that would accomplish the following: 1) Redefine an Eating and Drinking Establishment; 2) Clarify where Eating and Drinking Establishments and Outdoor Seating are permitted; 3) Modify the approval process for Outdoor Seating; and, 4) Modify the parking requirements for Eating and Drinking Establishments and Outdoor Seating. In order to accomplish the objectives above, the following Zoning Ordinance Chapters would need to be amended: 1) Chapter 8.08 (Definitions) 2) Chapter 8.12 (Zoning Districts and Permitted Uses) 3) Chapter 8.76 (Off Street Parking and Loading) 4) Chapter 8.104 (Site Development Review) Chapter 8.08 (Definitions) In recent years, Dublin has seen a variety of new Eating and Drinking Establishments which operate differently than a traditional restaurant or fast-food establishment. For example, Papa John's, located at Dublin Corners (adjacent to Hacienda Crossings) is a take-out pizzeria that also provides pizza delivery service. No tables or chairs are provided for on-premise consumption of food or drink. However, because the Zoning Ordinance does not differentiate take-out/delivery establishments from other restaurant uses, the parking requirement for Papa 6of10 John's is the same as for a sit-down restaurant (1 parking space for every 100 square feet of gross floor area). Papa John's is 1,220 square feet and requires 12 parking spaces. Another recent example is Nothing Bundt Cakes, located at The Shops @ Tralee, which also meets the definition of an Eating and Drinking Establishment but does not provide any tables or chairs for on-premise consumption. Nothing Bundt Cakes is parked at 1 parking space for every 100 square feet of gross floor area; at 1,909 square feet, Nothing Bundt Cakes requires 19 parking spaces. Chapter 8.08 is proposed to be amended to create a new definition for an eating and drinking establishment that provides food as take-out. The new definition is as follows: Eating and Drinking Establishment - Take Out (Use Type). The term Eating and Drinking Establishment - Take Out shall mean an establishment that sells prepared food and/or drink for off-premise consumption. An Eating and Drinking Establishment - Take Out may have up to 4 seats for on-premise consumption and includes establishments with take-out service only, or other establishments determined to be substantially similar by the Director of Community Development. In addition to an eating and drinking establishment that provides food as take-out, there are other Eating and Drinking Establishments which operate differently than a traditional restaurant or fast-food establishment. These establishments include Baskin Robbins, Jamba Juice, Yogurtland and similar uses which provide seating for on-premise consumption but do not have traditional lunch or dinner peak parking demands. Therefore, Chapter 8.08 is also proposed to be amended to create a new definition for an eating and drinking establishment that provides a single type of food item not considered to be a traditional meal. The new definition is as follows: Eating and Drinking Establishment - Specialty (Use Type). The term Eating and Drinking Establishment - Specialty shall mean an establishment that primarily sells a single type of prepared food or drink not considered to be a traditional meal for immediate on-premise or off-premise consumption or other establishments determined to be substantially similar by the Director of Community Development. An Eating and Drinking Establishment - Specialty does not include coffee shops or establishments with take-out service only. The existing definition for an Eating and Drinking Establishment is not proposed to be amended. Chapter 8.12 (Zoning Districts and Permitted Uses Chapter 8.12 is proposed to be amended to modify the matrix of Permitted and Conditionally Permitted Uses and add an Eating and Drinking Establishment - Take Out and Eating and Drinking Establishment - Specialty (see Attachment 2 and Table 6 below). The newly proposed Eating and Drinking Establishment - Take Out and Eating and Drinking Establishment - Specialty are proposed to be permitted or conditionally permitted in the same Zoning Districts as Eating and Drinking Establishments with one exception, the C-N (Neighborhood Commercial) Zoning District. Staff is proposing that the new Eating and Drinking Establishment - Take Out and Eating and Drinking Establishment - Specialty be permitted (rather than conditionally permitted) in the C-N district due to the operational characteristics of these types of establishments. Both would 7 of 10 generate a parking demand similar to a retail commercial use and thus seems appropriate as a permitted use within the C-N (Neighborhood Commercial) Zoning District. The C-N district is characterized by small scale, low intensity commercial use types which serve, and are in proximity to, residential neighborhoods. Table 6. Zoning Districts and Permitted Uses for Eating and Drinking Establishments and Outdoor Seating COMMERCIAL A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 USE TYPE Eating and - - - - C/ZA C/ZA P P C/ZA C/ZA - Drinking Establishment Eating and - - - - C/ZA P P P C/ZA C/ZA - Drinking Establishment - Take Out Eating and - - - - C/ZA P P P C/ZA C/ZA - Drinking Establishment - Specialty Outdoor Seating - - - - P P P P P P - Outdoor Seating Outdoor Seating is currently a permitted use with approval of a Conditional Use Permit by the Planning Commission in the Commercial Zoning Districts. Staff is proposing that Outdoor Seating be amended to be a permitted use (without the requirement for a Conditional Use Permit) in the Commercial and Industrial Zoning Districts where Eating and Drinking Establishments are either permitted or conditionally permitted (see Table 6 above). A Site Development Review Waiver process is proposed for the review and approval of Outdoor Seating and is further described below. Chapter 8.76 (Off Street Parking and Loading) Chapter 8.76 is proposed to be amended to modify the parking standards for Eating and Drinking Establishments and create new parking standards for an Eating and Drinking Establishment - Take Out and Eating and Drinking Establishment - Specialty (see Attachment 1 and Table 7 below). The parking standard for an Eating and Drinking Establishment would be 1 parking space for every 100 square feet of floor area accessible to customers and 1 parking space for every 300 square feet of floor area not accessible to customers. The separate categories of Fast Food with Drive Through, Convenience and Full Service would be removed. The parking standard for Eating and Drinking Establishment - Take Out would be 1 parking space for every 300 square feet of gross floor area (see Table 7 below) and the parking standard for Eating and Drinking Establishment - Specialty would be 1 parking space for every 200 square feet of gross floor area (see Table 7 below). These types of Eating and Drinking Establishments function more like retail uses and therefore a parking standard comparable to a retail use is appropriate. 8of10 Table 7. Existing and Proposed Parking Standards: Eating and Drinking Establishments and Outdoor Seatina Use Type Existing Standard Proposed Standard Eating and Drinking See below 1 parking space per 100 square feet of Establishment floor area accessible to customers plus 1 parking space per 300 square feet of floor area not accessible to customers Fast Food with Drive- 1 parking space per 50 Delete (see Eating and Drinking Through square feet Establishment above Convenience 1 parking space per 100 Delete (see Eating and Drinking square feet Establishment above Full Service 1 parking space per 100 Delete (see Eating and Drinking square feet Establishment above Eating and Drinking None 1 parking space per 300 square feet of Establishment - gross floor area Take Out Eating and Drinking None 1 parking space per 200 square feet of Establishment - gross floor area Specialty Outdoor Seating 1 parking space per 100 1-12 seats: no parking required square feet 13 or more seats: 1 per 3 seats The parking standard for Outdoor Seating would also be amended to allow no parking requirement for the first 12 outdoor seats; 13 or more seats would require 1 parking space for every 3 seats. For example, an Eating and Drinking Establishment with 12 outdoor seats would not be required to provide parking. However, a restaurant with 21 outdoors seats would be required to provide 3 parking spaces (1 per 3 seats). Haveli Indian Cuisine at Dublin Corners places approximately 7 seats for outdoor dining at their restaurant. Based on the proposed Outdoor Seating parking requirements, they would not be required to provide any additional parking for their Outdoor Seating. Tomatina, also located at Dublin Corners, has an outdoor dining patio with approximately 40 seats for outdoor dining. A ratio of one parking space for every three seats would require 9 parking spaces. Chapter 8.104 (Site Development Review) Chapter 8.104 is proposed to be amended to add Outdoor Seating to the list of projects requiring a Site Development Review Waiver (see Attachment 1). The Site Development Review Waiver process allows the City to review the layout of the outdoor seating area to ensure that it is safe, meets the parking requirements, and complies with all accessibility requirements. Planned Development Zoninq Districts The amendments to the Zoning Ordinance outlined above would also be applicable to comparable Planned Development (PD) Zoning Districts where Eating and Drinking Establishments and Outdoor Seating are allowed. In such cases where the Planned Development (PD) Zoning District has a less restrictive parking standard for Eating and Drinking Establishments, the PD standard would be utilized to calculate required parking. Conversely, where the Zoning Ordinance parking standards, as amended, are less restrictive than the PD, the Zoning Ordinance standard would be utilized to calculate required parking. 9 of 10 NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice was published in the Valley Times and posted at several locations throughout the City. A Public Notice of this hearing was also mailed to those requesting such notice ten (10) days before the Public Hearing and the Staff Report and attachments were made available for public review prior to the Public Hearing in accordance with Government Code Sections 65090 and 65091. ENVIRONMENTAL REVIEW: The project has been found to be exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3) because the proposed Zoning Ordinance Amendments do not have the potential for causing a significant effect on the environment. ATTACHMENTS: 1) Resolution recommending City Council approval of Zoning Ordinance Amendments to Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street Parking and Loading), and Chapter 8.104 (Site Development Review) with the draft Ordinance attached as Exhibit A. 10 of 10