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Home My WebLink About8.3 Grocery Store CUP~ o~ ori ~ ~ G ~ ~L ~9`~'~~~ STAFFREPORT CITY CLERK `~~IC~~ ~ DUBLIN CITY COUNCIL File #^(~~ D[~-~[~] DATE: June 1, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJ . Discussion on the Possible Addition of Grocery Stores to uses regulated with Conditional Use Permits Prepaned By: Jeri Ram, Community Development Director EXECUTIVE SUMMARY: The City Council will provide direction to Staff on whether a conditional use permit process should be studied to approve new grocery stores in the City of Dublin. FINANCIAL IMPACT: Staff estimates that the City Attorney's costs would be approximately $5,200 to complete this task. RECOMMENDATION: Staff recommends that the City Council provide Staff with direction on whether or not to work on a Conditional Use Permit process for grocery uses. Should the City Council wish to have Staff work on this, Staff also requests that this work be assigned a priority of high, medium or low priority. ubmitted By evi ed y: Community Development Director Assistant City Manager ~ Page 1 of 2 ITEM NO. ~• 3 ~9~n C~ DESCRIPTION: At the City Councii Meeting of May 4, 2010, Mayor Sbranti requested that an item be placed on a City Council Agenda to discuss the possibility of requiring Conditional Use Permits for grocery uses. The Zoning Ordinance currently allows grocery uses as a permitted use in both General Commercial and Neighborhood Commercial zoned land in the City of Dublin. Grocery uses are considered "Retail - General (use type)" or "Retail - Neighborhood (use type)" as defined in the Zoning Ordinance (Attachment 1). Grocery uses require the same amount of parking as other similar retail uses, 1 space per 300 square feet of store area. All of the larger grocery stores within the City are located within shopping centers. The Zoning Ordinance requires that shopping centers receive Conditional Use Permits. This type of Conditional Use Permit is for the center as a whole and primarily looks at parking for the shopping center. It should be noted, however, that many of the shopping centers within the City are within Specific Plan and Plan Development Zoning Districts that do not require Conditional Use Permits because the specific plan and associated zoning address the parking needs of the center. If the City Council would like Staff to study this issue and prepare an Amendment to the Zoning Ordinance to require grocery uses to obtain a Conditional Use Permit, Staff would: • Review the Zoning Ordinance and prepare amendments to the appropriate chapters to require a Conditional Use Permit for grocery uses; • Review applicable Specific Plans and Planned Developments to ensure that the documents will be consistent with the proposed change; • Perform any necessary environmental review for the Amendment; and • Prepare the item for public hearings before the Planning Commission and City Council. It is estimated that Staff would spend approximately 60 hours researching and preparing the necessary documents. The City Attorney estimates that they would spend approximately 25 hours on the project. Should the City Council desire to have Staff work on this Amendment, it would be added to the City's 2010 - 2011 Goals and Objectives. Therefore, as part of City Council direction, Staff would request that this project be given a high, medium or low priority. ATTACHMENTS: 1. Zoning Ordinance Chapter 8.08 Definitions (Pages 8-24, and 8- 27). G:IZoning OrdIZOA 09-002 Indoor Rec1CCSR 11.17.09.doc Page 2 of 2 ~~ ~w DEFINIT NS Chapter 8.08 incidental and accessory to retail sales. Does not include businesses serving the repair needs of heavy equipment. Research and Development Laboratory (use type). The term Research and Development Laboratory shall mean establishments, larger than 10,000 square feet in Gross Floor Area, which are involved in industrial, scientific, medical or other types of research, the development of products for eventual sale, and the manufacture of products for commercial sale or distribution. This use includes offices incidental to the work being done and i~door storage of materials and equipment. These uses must conform to the Industrial Performance Standards of this Title. Residential Use Secondary to Commercial Use (use type). The term Residential Use Secondary to Commercial Use sha11 mean a residence located above the ground floor commercial uses. Retail - General (use type). The term Retail - General shall mean retail trade establishments selling many lines of new and used merchandise directly to consumers. Such types of stores and lines of merchandise include but are not limited to: artist's supplies, artisan, auto parts (not auto repair or machine shops or any non-retail auto services) bicycles, books, cameras and photographic supplies, clothing and accessories, department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores (indoors or if enclosed by a partition), general stores, gifts, groceries, handicraft items, hardware, hobby materials, jewelry, locksmith, luggage and leather goods, mini-marts, musical instruments, novelties and souvenirs, newsstands, orthopedic supplies, parts and _ accessories, pet store, religious goods, small wares, specialty shops, sporting goods and equipment, stationery, toys and games, thrift stores, and variety stores, and other goods determined to be substantially similar to the above by the Director of Community Development. Retail sales shall not include sales of new or used automobiles, trucks, recreational vehicles, boats or trailers, nor shall it include auto brokerages. Retail - Neighborhood (use type). The term Retail - Neighborhood shall include retail sales which are compatible with nearby residential areas. Typical uses include but are not limited to a store for sale at retail of books, clothing, drugs, flowers, food, furniture, hardware, nurseries, musical goods, pets and supplies, photographic supplies, packaged liquor, variety goods or household supplies, and retail sales of auto parts directly to the public, but not to include parts machining or any non-retail seivices, or any other type of retail determined to be substantially similar to the above by the Director of Community Development. Retail - Outdoor Storage (use type). The term Retail - Outdoor Storage sha11 mean outdoor storage and sales of materials for Retail - General, and Retail - Service uses such as the sale of building materials, fertilizer, gardening supplies, lumber, and plants. Retail - Service (use type). The term Retail - Service shall mean retail trade establishments and non- industrial services that may require larger sites, may have outdoor storage (subject to a Conditional Use Pertnit), may create objectionable noises or smells, or may be visually unappealing. Retail - Service establishments s include but are not limited to: building materials sales, caterers, air- City of Dublin Zoning Ordinance 8-24 September, 1997 Amended Novembe~ 21, 2006 • i~ ~,~ ~ - ~ Attachment 1 ~ ~~ ~ DEFINITIONS Chapter 8.08 below), for observation by patrons therein, or any establishment, determined to be substantially similar to the above by the Director of Community Development. See Adult Business Establishment. Sex oriented Motion Picture Theater. The term Sex-oriented Motion Picture Theater shall mean an enclosed or unenclosed building or structure or portion thereof used for presenting material in the form of motion picture film, video tape, slides or other similar means, which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," (as defined below), for observation by patrons therein, or any establishment, determined to be substantially similar to the above by the Director of Community Development. See Adult Business Establishment. Sexual Encounter Center. The term Sexual Encounter Center shall mean any business, agency or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in "specified sexual activities" or exposing "specified anatomical areas", or any establishment, determined to be substantially similar to the above by the Director of Community Development. See Adult Business Establishment. Shopping Center (use type). The term Shopping Center shall mean a commercial development on a single parcel or contiguous parcels, containing five or more retail stores, service uses, or other tenants, where each have individual entrances from a common public area such as a parking lot, mall corridor or atrium. Also includes such commercial developments where individual tenant spaces are subdivided as a commercial condominium, with parking and pedestrian circulation areas owned in common. Single-Family Residence (use type). The term Single-Family Residence shall meari a building designed for and/or occupied exclusively by one family. Also includes factory-built housing, modular housing, manufactured housing, mobile homes, and the rental of bedrooms within a single-family dwelling to no more than four borders. A residence with more than four boarders constitutes a boarding house, which is included within the definition of "Multi-Family Residence". Small-Scale Transfer and Storage Facility (use type). The term Small-Scale Transfer and Storage Facility sha11 mean facilities with wastestreams small enough to be exempt from manifest requirements as described in California Health and Safety Code, Division 20, Chapter 6.5, Article 6. Wastes from any given generator rnust not exceed a total volume of five gallons or a total weight of 50 pounds. A household hazardous waste collection facility is considered to be a small-scale transfer and storage facility. Specified Anatomical Areas. The term Specified Anatomical Areas shall mean: a. Less than completely and opaquely covered human genitals or pubic region, buttock, female breast below a point immediately above the top of the areolae; and/or, City of Dublin Zoning Ordinance 8-27 September, 1997 Amended November 21, 2006