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Home My WebLink AboutOrd 05-10 Zoning Ord AmendmentsORDINANCE NO. 5 -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************** AMENDING ZONING ORDINANCE 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) ZOA 09-004 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 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. 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) and Chapter 8.104 (Site Development Review); and WHEREAS, the exact text amendments are shown in Section 2 through Section 5 of this Ordinance; and WHEREAS, the Planning Commission did hold a properly noticed public hearing to consider these amendments on March 9, 2010 and adopted Resolution 10-14 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 April 6, 2010; 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, be it resolved that the City Council of the City of Dublin does ordain as follows: Page 1 of 5 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 distinguishes between the various types of eating and drinking uses which are already permitted uses and establishes appropriate parking standards. SECTION 2. The following definitions are hereby added to Section 8.08.020 (Definitions) of the Dublin Municipal Code. In any Planned Development (PD) Zoning District with regulations that allow Eating and Drinking Establishments, the following use types shall also be allowed. 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. 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. SECTION 3. Portions of Section 8.12.050 of the Dublin Municipal Code are hereby amended as follows, with deletions shown in c~riLefhr~i,n~ and additions shown as underlined. No other portion of Section 8.12.050 shall be affected by this amendment. Notwithstanding anything to the contrary, Outdoor Seating shall be permitted in any Planned Development (PD) Zoning District in which Eating and Drinking Establishments are allowed. Page 2 of 5 COMMERCIAL USE TYPES COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Eatinq and - - - C/ZA P P P C/ZA C/ZA - Drinkinq Establishment - Take Out Eatinq and - - - C/ZA P P P C/ZA C/ZA Drinkinq Establishment - S ecialt Outdoor Seatin - - - - G~RG P G~R~ P ~RG P ~FRG P - P - P - SECTION 4. Portions of Section 8.76.080.D (Off-Street Parking and Loading Regulations) of the Dublin Municipal Code are hereby amended to read as follows, with deletions shown in ~#~+~+~k~ and additions shown as underlined. No other portion of Section 8.76.080.D shall be affected by this amendment. The following amendment shall also apply to any Planned Development (PD) Zoning District that allows Eating and Drinking Establishments and that has Off-Street Parking regulations that would require a greater number of parking spaces than is required pursuant to this amendment. D. Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as follows: COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Eating and Drinking Establishment 1 parking space per 100 square feet of floor area accessible to customers plus 1 parkina space per 300 s uare feet of floor area not accessible to customers ~~ ~n con,~~o Eating and Drinkinq Establishment - 1 per 300 square feet of qross floor area Take Out Eatinq and Drinkinq Establishment - 1 per 200 square feet of qross floor area Specialtv Outdoor Seating 1 nor ~nn ~n,,,ro foo+ 1-12 seats: no parkinq required 13 or more seats: 1 er 3 seats Page 3 of 5 SECTION 5. Subsection 8.104.030.A.2 is hereby added to the Dublin Municipal Code to read as follows: a. Accessory Structures. Accessory structures which are less than or equal to 120 square feet in size and accessory structures which are not visible from any street and not located a adjacent to a property in the R-1 or R-2 Zoning District or a Planned Development Zoning District with similar uses. ~ b. Color Modifications. Repainting of an existing building with a color(s) which is different from existing or approved color(s). b: c. Fences and Walls. The replacement, reconstruction or construction of fences and walls. s: d. Parking Lot Restriping. The restriping of a parking lot. ~: e. Roof. A modification to the roof of a structure, including new roofing materials (when the roof is visible from the street), modifications to the parapet or the roof screen or a new parapet or roof screen. Changes to the style or roof type (i.e. gable to a mansard), are considered to be a fa~ade modification and require a Site Development Review. e: f. Minor Landscape Modifications. Minor landscape modifications. ~ g_ Minor Site Layout Modification. A minor modification to the layout of the site including new paving areas, sidewalks or other similar improvements as determined by the Community Development Director. g h. Window Modifications. Window modifications which include new and replacement windows, frosting, tinting or the addition of other materials which may obscure a window as determined by the Community Development Director. i. Outdoor Seatinq. The establishment of Outdoor Seatinq associated with an Eatinq and Drinking Establishment. This provision shall apply to anv Planned Development Zonina District where Eatinq and Drinkinq Establishments are allowed. 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 Page 4 of 5 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 20th day of April 2010, by the following votes: AYES: Councilmembers Biddle, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: Councilmember Hart ABSTAIN: None N .vw-~- !~~r ~..~ Mayor ATTEST: ~ b~,ptltvl City Clerk Ord No. 5-10, Adopted 4-20-10, Item 42 Page5of5