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HomeMy WebLinkAbout7.2 Grocery Uses by Conditional Use PermitG~~~ OF DUB~~L 19' ~~' `82 ~~~~.~% ~ ~ / ~4L1~'OR~~ STAFFREPORT CITY CLERK DUBLIN CITY COUNCIL File # ^[1~0~-0~ DATE: July 20, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE T: nformational report on regulating the establishment of grocery uses by way of a Conditional Use Permit Prepared By: Marnie R. Waffle, Senior Planner¢~ ~ EXECUTIVE SUMMARY: At the June 1, 2010 City Council meeting, the City Council added as a high priority Goal and Objective the review of grocery uses within shopping centers as a conditionally permitted use. Staff has reviewed the Zoning Ordinance as it relates to grocery uses as well as the requirements of other Tri-Valley cities and is seeking direction from the City Council on potential policies to regulate grocery uses. FINANCIAL IMPACT: Staff estimates that approximately preparing the necessary documents their time at a cost of $5,200. RECOMMENDATION: 60 hours of staff time will be spent researching and The City Attorney estimates approximately 21 hours of Staff recommends that the City Council receive the report and provide Staff with direction on policies that should be considered to regulate grocery uses. r r-= ~-~--_ ubmitted By: Community Development Director '/, Re ~ew d By: Assistant ity Manager Page 1 of 9 ITEM NO. .~ DESCRIPTION: At the City Council 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. On June 1, 2010, Staff presented a report on grocery uses (Attachment 1) and the City Council directed Staff to add the review of grocery uses within shopping centers as a conditionally permitted use as a high priority Goal and Objective (Attachment 2). Staff has researched grocery use regulations questions for the City Council's consideration. obtain policy direction from the City Council on to regulate grocery uses. throughout the Tri-Valley and has developed The purpose of this staff report is for Staff to how the Zoning Ordinance should be amended ANALYSIS: The Zoning Ordinance classifies a grocery use as Retail-General and Retail-Neighborhood use types and permits them by-right in commercial zoning districts (see Table 1) and prohibits them in all other zoning districts. Large format discount warehouses some of which sell groceries, such as Costco, are classified as a Retail-Service use type and are permitted by-right in the C-2 zoning district only. Table 1. ReQUlation of Grocerv Uses in Dublin A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Retail-General -- -- -- -- -- -- P P -- -- -- Retail- Nei hborhood -- -- -- -- -- P P P -- -- -- Retail-Service -- -- -- -- -- -- -- P -- -- -- Not Permitted (--), Permitted (P) There are also a number of Planned Development Zoning Districts ("PDs") throughout the City that allow retail uses. PDs create the "zoning" for individual sites that they cover. Although Staff has not reviewed all of the PDs in detail, Staff believes that many of the PDs for shopping centers and commercial areas allow grocery uses as a matter of right. The Zoning Ordinance also prohibits "Superstores", which generally will have a grocery component. A Superstore is a store greater than 170,000 square feet with at least 10% of the sales floor area devoted to non-taxable merchandise (i.e. groceries). Superstores are prohibited in all zoning districts. The parking requirements for general retail, neighborhood retail and service retail uses are 1 parking space for every 300 square feet of gross floor area (1/300). Grocery uses are typically found in shopping centers and share parking with a variety of other commercial uses. The parking requirement for multiple-use projects, such as a shopping center, is the sum total of the parking required for each use within the center. When the amount of parking required exceeds the amount of parking available, a parking exception may be requested. When reviewing a parking exception, Staff reviews the specific operating characteristics of the various uses within the center to determine whether adequate parking is available to meet the greatest demands of all uses within the center. Page 2 of 9 The Zoning Ordinance also provides that required parking for shopping centers could be determined through the Conditional Use Permit process. This provision of the Zoning Ordinance has not been utilized for new development projects as the Planned Development Zoning process is used to determine the appropriate mix of uses based on the amount of parking provided within the development. City of Dublin Grocery Uses As noted above, grocery uses in the City of Dublin are classified as Retail-General, Retail- Neighborhood or Retail-Service. Very little distinction is made befinreen different types of grocery uses with the exception of large format discount warehouses, which are only permitted in the C-2 (General Commercial) Zoning District. Existing grocery uses throughout the City include convenience stores (i.e. 7-11, mini-marts associated with service stations and liquor stores), specialty stores (i.e. Wonder Bread and various ethnic markets), supermarkets (i.e. Safeway and 99 Ranch) and large format discount stores such as Target which is currently adding a grocery component to the existing store on Amador Plaza Road. Currently, there are no service retail uses with a grocery component or Superstores within the City of Dublin. A typical convenience store in Dublin averages approximately 2,504 square feet with the smallest store being 840 square feet and the largest being 9,715 square feet (see Table 2 below). A typical specialty store in Dublin averages approximately 3,600 square feet with the smallest store being 2,300 square feet and the largest 6,200 square feet. A typical supermarket averages 46,085 square feet and Dublin's only large format retail store, Target, with a grocery component is 118,032 square feet; approximately 6,000 square feet is dedicated to grocery items. Table 2. Averaae Size of Grocerv Uses in Dublin Minimum Size Maximum Size Avera e Size Convenience Store 840 s. ft. 9,715 s. ft. 2,504 s. ft. S ecial Store 2,300 s. ft. 6,200 s. ft. 3,600 s. ft. Su ermarket 29,000 s. ft. 55,256 s. ft. 46,085 s. ft. Lar e Format Retail n/a n/a 118,032 s. ft. Tri-Valley Grocery Use Regulations The regulation of grocery uses throughout the Tri-Valley varies slightly among the various jurisdictions (see Table 3 below). Some of the similarities among Tri-Valley cities include: a) Defining grocery uses separate from retail uses; b) Establishing separate parking requirements for grocery uses; and, c) Requiring a Use Permit when grocery uses are of a certain size or are located within a certain zoning district. Page 3 of 9 As described above, Dublin regulates grocery uses in the same manner as other retail uses and requires the same amount of parking for grocery uses and retail uses. Table 3. Tri-Valley Grocery Use Regulations Cifiy Use Type Parking Land Use Decision Square Ratio Permit Making Body Footage Re uired Re uirements General Retail (Not of a 1/250 No n/a n/a Regional Nature) General Retail Conditional Planning (Regional 1/250 Use Permit Commission n/a Nature) Livermore Neighborhood <3,000 sq. ft. or Market 1/300 No n/a <10,000 sq. ft. Neighborhood 1/300 Conditional Planning >3,000 sq. ft. or Market Use Permit Commission >10,000 sq. ft. Supermarket 1/250 No n/a n/a Pleasanton Food Market 1/150 Conditional Planning <2,500 sq. ft. Use Permit Commission convenience Food and 1/200 Minor Use Zoning n/a San Beverage Sales Permit* Administrator Ramon Convenience 1/250 Minor Use ** Zoning <3,500 sq. ft. Store Permit Administrator Dublin Retail 1/300 No n/a n/a n/a = Not Applicable "Minor Use Permit required in certain commercial zoning districts. Permitted in Mixed Use and Redevelopment zoning districts. "`*Minor Use Permit required in certain commercial zoning districts. Permitted in Mixed Use zoning district. Citv of Livermore The City of Livermore's development code distinguishes between "General Retail (Not of a Regional Nature)", "Neighborhood Market", and "Supermarket". General Retail is defined as, stores and shops selling many lines of inerchandise including "Food Stores" and "Convenience Markets". A Food Store is defined as being greater than 2,500 square feet and a Convenience Market is defined as 2,500 square feet or less. Livermore allows General Retail (Not of a Regional Nature) as a permitted use in one commercial zoning district. Livermore's development code does not define a Supermarket but allows it as a permitted use in one commercial zoning district. Uses of a Regional Nature may be allowed in any zone subject to the granting of a Conditional Use Permit by the Planning Commission. Livermore's development code does not define Regional Nature but requires that the use be found to be essential and/or desirable for the public convenience and welfare. Page 4 of 9 The City of Livermore's development code defines Neighborhood Market as a neighborhood serving retail store which carries a range of inerchandise including food products oriented to daily convenience shopping needs. A Conditional Use Permit is required for a Neighborhood Market that is greater than 3,000 square feet or greater than 10,000 square feet depending on the commercial zoning district in which it is located. City of Pleasanton The City of Pleasanton's zoning code defines a"Food Market" as including "Supermarkets", "Convenience Markets" and "Specialty Stores". A Convenience Market is further defined as, a food market limited to 2,500 square feet in gross floor area which carries a limited inventory of food, beverages and convenience items. Supermarkets and Specialty Stores are not further defined. A Food Market requires a Conditional Use Permit by the Planning Commission in certain commercial zoning districts. City of San Ramon The City of San Ramon distinguishes between "Food and Beverage Sales" and "Convenience Store". Food and Beverage Sales is defined as a retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumption away from the store. Food and Beverage Sales includes the "Chain Grocery" type which are food markets operated by retail chains that carry a full range of food and household products and have three or more store locations. In Mixed Use and Redevelopment zoning districts, Food and Beverage Sales, including Chain Grocery, are permitted uses. In certain commercial zones Food and Beverage, Chain Grocery requires a Minor Use Permit by the Zoning Administrator. The City of San Ramon's zoning code defines Convenience Stores as neighborhood serving retail stores of 3,500 square feet or less in gross floor area which carry a range of inerchandise oriented to daily convenience shopping needs. A Convenience Store that is greater than 3,500 square feet is considered Food and Beverage Sales. In the Mixed Use zoning district, Convenience Stores are a permitted use. In certain commercial zones, a Convenience Store requires a Minor Use Permit by the Zoning Administrator. Citv of Dublin The City of Dublin includes grocery uses within the definition of retail uses, and they are permitted by-right in certain zoning districts and prohibited in others (see Table 1 above). A discretionary land use permit is not required, and no limitation on the size of grocery uses exists. The parking requirement for a grocery use is the same as a retail use, 1 parking space for every 300 square feet of building area. Discretionarv Land Use Permits In Livermore, Pleasanton and San Ramon, a discretionary land use permit is required in certain zoning districts before a grocery use can be established. In the City of Livermore and the City of Pleasanton, grocery uses that require a Conditional Use Permit are reviewed by the Planning Commission. In reviewing a Conditional Use Permit, the Planning Commission must make certain findings before taking action to approve or deny the permit. Although the Conditional Page 5 of 9 Use Permit process is similar among the finro jurisdictions, the required findings vary. In the City of San Ramon, a Minor Use Permit is reviewed by the Zoning Administrator and a public hearing is held only upon request. The Zoning Administrator must also make certain findings before taking action to approve or deny the permit. As noted above, the City of Dublin does not require a discretionary land use permit for grocery uses. Should the City Council decide that a discretionary land use permit is necessary, the Dublin Zoning Ordinance already provides a framework for requiring either a Conditional Use Permit or a Minor Use Permit. Conditional Use Permit The Zoning Ordinance provides that a Conditional Use Permit may be reviewed by the Zoning Administrator or the Planning Commission and is noticed and subject to a public hearing. The Dublin Zoning Ordinance grants the Zoning Administrator and the Planning Commission the authority to refer a project to a higher decision making body at any point in the application process. The decision making body reviewing a Conditional Use Permit must also make certain findings (Attachment 3). It takes approximately 8-10 weeks to process a Conditional Use Permit and the timeline is largely dependent on the how complete the application is when submitted and how responsive the applicant is in addressing the City's comments. Once an application is deemed complete, conditions of approval are prepared and a hearing date is scheduled. A Public Hearing Notice is published in the local newspaper 10 days prior to the hearing. A Staff Report and Resolution are prepared by Staff and submitted to the decision making body (either the Zoning Administrator or Planning Commission) with a recommendation for approval or denial of the permit. A 10 day appeal period commences following the approval or denial of a permit. The cost to the Applicant for the City to process a Conditional Use Permit that is reviewed by the Zoning Administrator is a flat fee of $750; a Conditional Use Permit that is reviewed by the Planning Commission is a flat fee of $1,000. These flat fee amounts cover approximately 6-8 hours of Staff time to process a Conditional Use Permit request. The cost associated with any additional Staff time is covered by the City. Thus, the City's general fund is subsidizing applicants for Conditional Use Permits. In addition to the application fee, the costs associated with preparing a traffic or parking study is charged to the Applicant. The cost of a traffic or parking study varies depending on the scale of the project and the scope of work. A typical traffic study could cost $40,000 and parking studies typically range from $3,000 - $15,000. Minor Use Permit A Minor Use Permit is reviewed by the Community Development Director, and, in contrast to a Conditional Use Permit, the application is noticed but a public hearing is not required. The Dublin Zoning Ordinance gives the Community Development Director the authority to refer a project to a higher decision making body at any point in the application process. The decision making body reviewing a Minor Use Permit must also make certain findings (Attachment 4). It takes approximately 6-8 weeks to process a Minor Use Permit and, similar to the Conditional Use Permit process, the timeline is largely dependent on the how complete the application is Page 6 of 9 when submitted and how responsive the applicant is in addressing the City's comments. Once an application is deemed complete conditions of approval are prepared. A Public Notice is published in the local newspaper 10 days prior to the Community Development Director taking action on the permit. A public hearing is not required for Minor Use Permits therefore no Staff Report or Resolution must be prepared. A 10 day appeal period commences following the approval or denial of a permit. The cost to the Applicant for the city to process a Minor Use Permit is $600. This flat fee amount covers approximately 5 hours of Staff time to process a Minor Use Permit. Similar to the Conditional Use Permit, the cost associated with any additional Staff time is covered by the City. Thus, the City's general fund is subsidizing applicants for Minor Use Permits. As described above, in addition to the application fee, the costs associated with preparing a traffic or parking study is charged to the Applicant. Other Findings As noted above in the discussion on Conditional Use Permits and Minor Use Permits, certain findings must be made by the decision making body prior to approving a discretionary land use permit. The City Council could consider requiring additional findings for grocery uses to address concerns expressed at the June 1, 2010 City Council meeting regarding parking, traffic and circulation (see Attachment 2). Effect of Zoning Ordinance Amendments on Existing and Proposed Uses The Zoning Ordinance includes provisions in Chapter 8.04 (Title, Purpose and Authority) to address the effects of Zoning Ordinance changes on projects in progress (Attachment 5). Section 8.04.040 provides that: 1) Applications for land use permits that are deemed complete prior to the effective date of any Zoning Ordinance amendments are processed in accordance with the provisions of the Zoning Ordnance in effect at the time that the application was deemed complete. 2) Structures authorized by the approval of a Conditional Use Permit, Site Development Review, Temporary Use Permit or Variance may be constructed in accordance with the approved permit, and without regard to any Zoning Ordinance amendments that became effective after the approval. 3) Structures that are under construction pursuant to a validly issued building permit may be completed notwithstanding any Zoning Ordinance amendments that may become effective after the building permit is issued. These "grandfathering" provisions of the Zoning Ordinance refer primarily to approvals for development as opposed to the establishment of new uses within existing structures. Thus, if the City were to enact a new regulation that required a discretionary land use permit for grocery uses, and a potential grocery user was in, but had not yet completed, the process of establishing a grocery use in a location where it is permitted as a matter of right, the "grandfathering" provisions of the Zoning Ordinance would not protect the proposed user. Page 7 of 9 Despite the "grandfathering" provisions in the Zoning Ordinance, a Zoning Ordinance amendment requiring discretionary land use approval for grocery uses could include special rules specifying that the amendments would not apply to projects that are in process. Zoninq Ordinance Amendments As described above, the Dublin Zoning Ordinance classifies grocery uses as a retail use and they are permitted by-right in certain commercial zoning districts. Other Tri-Valley cities currently require a discretionary land use permit for grocery uses when located within certain zoning districts. Staff is seeking direction from the City Council on the following: 1) Should a discretionary land use permit be required for grocery uses? If the City Council should decide that a discretionary land use permit requirement is appropriate for grocery uses, Staff would seek the Council's direction on the following items: 1) How should grocery uses be defined? Should the definition distinguish befinreen grocery uses based on square footage or area dedicated to non-taxable items? 2) Should the establishment of new grocery uses require a Conditional Use Permit or Minor Use Permit? a. Who should be the hearing body - the City Council, Planning Commission, Zoning Administrator or Community Development Director? b. Should there be an exemption for club stores? 3) Should the requirement for a Conditional Use Permit or Minor Use Permit be limited to a particular geographic area, such as Downtown? a. In which zoning districts should they be permitted, conditionally permitted or prohibited (see Attachment 6)? b. Should grocery uses in Planned Development Zoning Districts be regulated? If so, how? 4) Are the existing findings for a Conditional Use Permit (Attachment 3) or Minor Use Permit (Attachment 4) adequate or should additional findings be considered in the context of the establishment of new grocery uses? a. If additional findings should be considered, what should the additional findings focus on? 5) Should there be a restriction on the number of grocery uses within a single shopping center? Should each shopping center be permitted one grocery use and a Conditional Use Permit or Minor Use Permit required for a second grocery use? 6) Should new grocery uses that have submitted plans for building permits for tenant improvements and are in the building plan check process be exempt from a Conditional Use Permit or Minor Use Permit requirement? Page 8 of 9 7) Should new grocery uses that have obtained building permits for tenant improvements and are under construction but not complete be exempt from a Conditional Use Permit or Minor Use Permit requirement? 8) Should new grocery uses that have submitted a Planning Pre-Application or a Site Development Review application and are not yet deemed complete, be exempt from a Conditional Use Permit or Minor Use Permit requirement? 9) Should existing grocery uses be "grandfathered" or made legal nonconforming? 10)Should Staff consider whether grocery uses are sufficiently different from other retail uses such that the parking requirements for grocery uses should be amended? 11)Should the application fee for a Conditional Use Permit or Minor Use Permit be modified for grocery uses so as to eliminate the general fund subsidy for applications for grocery uses? With Council's direction on the above items, Staff would proceed with drafting Zoning Ordinance Amendments and present them to the Planning Commission in October/November 2010 for review and recommendation to the City Council. Following the Planning Commission's review and recommendation, Staff would return to the City Council in December 2010 with a draft Ordinance. ATTACHMENTS: 1. City Council Staff Report dated June 1, 2010. 2. City Council Draft Meeting Minutes of June 1, 2010. 3. Required Findings for a Conditional Use Permit. 4. Required Findings for a Minor Use Permit. 5. Section 8.04.040.D Effect of Zoning Ordinance changes on projects in progress. 6. Dublin Zoning Map as amended through March 18, 2008. Page 9 of 9 ~ ~~ l ~ ~ ~ STAFF REPORT C I T Y C L E R K DUBLIN CiTY COUNCIL File #^(~( j~~-D~ DATE: June 1, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJ . Discussion on the Possible Addition of Grocery Stor+es to uses regulatisd ^ with Conditional Use Permi~s Prepared 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 Attomey'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 priori of high, medium or low priority. ubmitted By evi ed y: Community Development Director Assistant Ci y Manager Page 1 of 2 ~. ~ _'~.. p~~- rV~ ATTACHMENT 1 ~ ~~ 1 ~ DESCRIPTION: At the City Council Meeting of May 4, 2010, Mayor Sbranti requested that an item be placed on a City Council Agenda to discuss the possibilit~r 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 whote 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 spec~c 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 Condfional Use Permit, Staif would: • Review the Zoning Ordinance and prepare amendments to the appropriate chapters to require a Conditional Use Permit for grocery uses; • Review applicable Spec~c Plans and Planned Developments to ensure that the documents will be consistent with the proposed change; • Perform any neoessary environmental review for the Amendment; and • Prepare the item for public hearings before the Planning Commission and City Council. It is estimated that Staff woutd spend approximately 60 hours researching and preparing the necessary documents. The City Attorney estimates that they would spend approximately 25 hours on the p~oject. 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:1Zoninq O~dIZOA 09-002 li-rJoor ReC1CCSR 11.17.08.dnc Page 2 of 2 ~ ~ ~~ DEF1NI71~ONS 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, lazger than 10,000 square feet in Gross Floor Area, which are involved in industrial, sciendfic, medical or other types of research, the development of products for eventual sale, and the manufacture of products for commercial sale or distributi.on. 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 wazes, specialty shops, sporting goods and equipment, stationery, toys aad 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 - Neighborhaod sha11 include retail sales which are compatible with nearby residential azeas. 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 services, or any other type of reta.il 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, gazdening 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 Pernut), 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 November 2l, 2006 8,3 6.~•~~ Attachment 1 ~ ~ l/ 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 similaz means, which is distinguished or chazacterized 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 shail mean any business, agency or person who, for any form of considerarion or gratuiry, provides a place where three or more persons, not a11 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 sha11 mean a commercial development on a single parcel or contiguous pazceis, 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, ma11 corridor or atrium. Also includes such commercial developments where individusl tenant spaces aze subdivided as a commercial condominium, with pazking 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 Califomia Health and Safety Code, Division 20, Chapter 6.5, Article 6. Wastes from any given generator must 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 DRAFT ~ vr~ ~U.~~ MINUTES OF THE CITY COUNCIL J OF THE CITY OF DUBLIN ~ -~-~ ,s~ `~~III~ ~ REGULAR MEETING - June 1. 2010 ~V _.~ CLOSED SESSION A closed session was held at 6:30 p.m., regarding: S~ ~3 I. CONFERENCE WITH LEGAL COUNSEL---ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1 case Existing facts and circumstances: Letter from Elite Landscaping, Inc., dated March 12, 2010 II. CONFERENCE WITH LEGAL COUNSEL---ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9: 1 case III. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: A portion of 6700 Dougherty Road (Assessor's Parcel Number 941-0007-001-07) Agency negotiator: Joni Pattillo, City Manager Negotiating parties: Eden Housing, Inc. Under negotiation: Price and terms of payment • A regular meeting of the Dublin City Council was held on Tuesday, June 1, 2010, in the Council Chambers of the Dublin Civic Center. The meeting was called to order at 7:11:24 PM , by Mayor Sbranti. ROLL CALL • PRESENT: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti ABSENT: None • PLEDGE OF ALLEGIANCE The pledge of allegiance to the flag was recited by the City Council, Staff and those present. • `- DUBLIN CITY COUNCIL MINUTES , VOLUME 29 G~~o~ REGULAR MEETING June 1, 2010 19~~'3~~~~ \\` ~ % ~~~~~s s ~r~r ~ ru~,r~~vm ~ DRAFT RESOLUTION NO. 84 -10 ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENT AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010 and RESOLUTION NO. 85 -10 ENCOURAGING CANDIDATES TO USE THE CODE OF FAIR CAMPAIGN PRACTICES • ~ ~~ '~ Discussion on the Possibie Addition of Grocerv Stores to Uses Requlated with Conditional Use Permits 10:17:51 PM 8.3 (410-20) Director of Community Development Jeri Ram presented the Staff Report and advised that the City Council would provide direction to Staff on whether a conditional use permit process should be studied to approve new grocery stores in the City of Dublin. Cm. Scholz asked the significance of making a decision of high, medium and low priorities for goals. City Manager Pattillo stated that through the Goals and Objectives process, the City Council did rate goals as High, Medium or Low priority. A High priority was usually always funded. Medium priority was something Staff kept on its radar. Mayor Sbranti stated this was not any different that what had been done previously. Mark Wolfe, land use lawyer, stated he had been working for several years with a number of different conservation organizations, labor organizations, and transportation advocacy groups on the issue of grocery related retail and land use issues and where those issues intersect. The grocery business was changing and the typical format was a supermarket in a neighborhood serving shopping center. That was, in their view, very good planning. There was a dispersal of high traffic generating uses that allowed neighborhoods to have access to grocery items. As that retail landscape had changed, there were large scale retail formats such as Wal-Mart, Target and K-Mart adding full service grocery components to their existing retail stores. That changed the land use planning dynamics appreciatively. Whereas there were larger numbers of neighborhood centers serving smaller segments of the population, there were now large, very powerFul draws DUBLIN CITY COUNCIL MINUTES 15 VOLUME 29 ~ G~~ OF REGULAR MEETING June 1, 2010 19~~~~~~ \~~~~% ~t~FOR~'~ DRAFT ~~ l3 that could have the effect of closing down the neighborhood shopping center anchoring supermarket and requiring people to drive much greater distances to meet their grocery needs. That might be fine for some cities. The question was whether the City here should provide a mechanism to retain at least some degree of control over proposals to add substantial grocery components in uses that the Zoning Ordinance probably did not contemplate when it was enacted. Several cities in the area had gone so far as to ban combination grocery store and big box stores. The landscape of grocery retailing had changed a lot. If the goal of the City was to foster the type of pedestrian oriented neighborhood diversity and look and feel of the City, it was important to recognize the role that locating grocery use plays in that. Mayor Sbranti stated he had brought up this issue. For example, at the WaterFord Center, there was a restaurant that required a particular amount of parking and the grocery store's parking requirements became an issue. When you zeroed in on the Conditional Use Permit process, ii defined requirements better on what ancillary uses could go there for a better integrated plan. You could see the expansion of the Target groceries. Adding groceries to other types of uses could fundamentally alter the fabric of an entire shopping center. Having an extra step of review in terms of parking, traffic, and circulation on surrounding businesses, required further review. He would like to move forward on this tonight as a High priority. Vm. Hildenbrand stated she believed the City should continue to look into this issue. She had concerns about larger retail stores adding on grocery. These types of stores changed the fabric of the community. Going through these permit processes allowed the City to look at these individually and give them approval or not based on the merit of what they were proposing. There were traffic issues that were a component of this. She supported moving forward with this. Cm. Biddle stated he was OK with taking a look at this. Cm. Scholz stated she was OK with it. She had concerns with big box stores and parking. She supported this. Cm. Hart asked what was broken. He was concerned about specific Staff time and City Attorney time. He did not see a specific problem that needed to be fixed. He did not agree to adding it as a High priority and having to move another goal down. Mayor Sbranti stated it was an intersection of planning and economic development. This issue became important now because the City was dealing with the Downtown Specific Plan. City Manager Pattillo asked for confirmation that the City Council wanted this item added as a new High Priority Goal and fully funded. By consensus, the City Council directed Staff to add this item as a High priority goal. • DUBLIN CITY COUNCIL MINUTES 16 VOLUME 29 G~~oFOU~~ REGULAR MEETING June 1, 2010 19~~~~~~ \\~ ~ %/ ~~~~~~s ~ i~ Conditional Use Permit Findinqs 8.100.060 Required Findings. The following findings shall all be made in order to approve a Conditional Use Permit: A. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity. B. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare. C. It will not be injurious to property or improvements in the neighborhood. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed. F. It will not be contrary to the specific intent clauses, development regulations, or perFormance standards established for the zoning district in which it is located. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans. ATTACHMENT 3 1 ~'` Minor Use Permit Findinqs 8.102.060 Required Findings. The following findings shall all be made in order to approve a Minor Use Permit and shall be stated in the Notice of Decision: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity. B. The proposed use meets the parking requirement for the use type in accordance with the requirements of Chapter 8.76 (Off-Street Parking and Loading), which could include a parking reduction for shared parking. C. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare. D. It will not be injurious to property or improvements in the neighborhood. E. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare. F. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed. G. The proposed use will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located. H. The proposed use is consistent with the Dublin General Plan and with any applicable Specific Plans. ATTACHMENT 4 r TITLE, PURPOSE, AND AUTHORITY /~~~ ~' Chapter 8.04 Section 65000 and subsequent sections of the California Government Code, the Housing Act, and the Health and Safety Code. B. It is the policy of the City of Dublin that the Zoning Ordinance be used to implement the General Plan and Specific Plans. The Dublin City Council intends that this Ordinance be consistent with the Dublin General Plan and Specific Plans, and that any land use or development approved in compliance with this Ordinance also be consistent with the Dublin General Plan and applicable Specific Plans. 8.04.040 Applicability of the Zoning Ordinance. This Ordinance applies to all land uses and development within the City of Dublin as follows: A. New land uses, building permits, structures, and changes to them. Compliance with all of the following requirements, to the satisfaction of the Director of Community Development, is necessary for any person or public agency to lawfully establish a new land use or structure, issue a building permit, or to alter or replace any land use or structure: 1. The proposed land use must be allowed within the zoning district that applies to the site. 2. The proposed use of land or structure, development, or related division of land must be legal or non-conforming and satisfy all applicable requirements and development regulations of this Ordinance, including but not limited to lot area, lot square footage per dwelling unit, lot dimensions, maatimum residential use per lot, setbacks, distance between residences, maximum lot coverage, common useable outdoor space, height limits, sign regulations, and all other requirements of this Title. 3. Any Permit or other approval required by the applicable zoning district or other provision of this Title must be obtained in compliance with the requirements of this Ordinance and any applicable conditions of approval of that Permit must be met to the satisfaction of the Director of Community Development. B. Continuation of an existing land use or structure. It is unlawful and a violation of the Dublin Municipal Code for anyone to maintain the use of a parcel that violates any provision of Title 8; provided, however, a land use or structure that was lawfully established before this Ordinance was enacted or before enactment of any applicable amendment to this Ordinance, may continue, provided no expansion or modification to said pre-existing non-conforming uses or structures shall be permitted, except as allowed by Chapter 8.140, Non- Conforming Structures and Uses. City of Dublin Zoning Ordinance 4_2 September 1997 Amended July 2008 ATTACHMENT 5 ~ _ TITLE, PURPOSE, AND AUTHORITY I'~ ',~ Chapter 8.04 C. Subdivision of land. Any subdivision of land within the City of Dublin occurring after the effective date of this Ordinance shall be consistent with the minimum lot size requirements, lot square footage per dwelling unit requirements, all other applicable requirements of this Ordinance, and with Chapter 9 of the Dublin Municipal Code relating to subdivisions. D. Effect of Zoning Ordinance changes on projects in progress. The enactment of this Ordinance or amendments to its requirements may have the effect of imposing different standards on new land uses, development and/or structures than those that applied to existing land uses, development and/or structures. Following the effective date of this Ordinance, or any amendments to this Ordinance, the following provisions shall apply: 1. Pending applications. All land use permit applications that have been determined by the Department to be complete before the effective date of this Ordinance or any amendment, will be processed according to the regulations in effect when the application was accepted as complete. 2. Approved projects not yet under construction. Any structure authorized by an Conditional Use Permit, Site Development Review, Temporary Use Permit, or Variance, for which construction has not begun as of the effective date of this Ordinance or any amendment, may still be constructed in compliance with the approved permit, as long as construction is completed and the approved land use is established before the expiration of the permit or, where applicable, before the expiration of any approved time extension. 3. Projects under construction. A structure that is under construction pursuant to a valid Building Permit on the effective date of this Ordinance or any amendment, may be completed and need not be changed to satisfy any new or different requirements of this Ordinance as long as construction is beyond the approval of the first inspection on the effective date of this Ordinance or any amendment, and provided that construction is diligently prosecuted to completion. Such a structure shall be deemed to be a lawfully existing building. 4. Other requirements may still apply. Nothing in this Ordinance shall eliminate the need for obtaining any other permits required by the City, or any permit, approval or entitlement required by other chapters of the City Municipal Code or by the regulations of any City Department or by any County, regional, State, or Federal agency. City of Dublin Zoning Ordinance 4-3 September 1997 Amended Ju/y 2008 TITLE, PURPOSE, AND AUTHORITY l~ °~ ~~ Chapter 8.04 5. Permits, approvals, and licenses issued in compliance with Ordinance. All permits and licenses shall be issued by the City in compliance with the provisions of this Ordinance, after the effective date of this Ordinance or any amendment. Any permit, approval, or license issued in conflict with this Ordinance shall be void. 8.04.050 Responsibility for Administration. This Ordinance shall be administered by the Dublin City Council, Planning Commission, Director of Community Development, Zoning Administrator, and the Department of Community Development, as provided in Chapter 8.128, Authority to Administer Title 8. 8.04.060 Interpretation. The Director of Community Development is assigned the responsibility and authority to interpret the requirements of this Ordinance. This Section provides rules for resolving questions about the meaning or applicability of any part of this Ordinance. A. Language. The meaning and construction of words and phrases as set forth shall apply throughout this Ordinance, except where the context of such words or phrases clearly indicates a different meaning or construction. Definitions contained in the Uniform Building Code shall be applicable except when in conflict with definitions contained in this Ordinance, in which case the Zor~ing Ordinance definition shall apply. The following general rules of construction shall apply to the textual provisions of this Ordinance: 1. Headings. The section and subsection headings of this Ordinance do not govern, limit, modify, or in any manner affect the scope, meaning or intent of any provision of this Ordinance. 2. Illustrations. In case of any difference of ineaning or implication between the text of any provision and any illustration, the text of the provision shall control. 3. Shall, May, and Should. "Shall" is always mandatory and not discretionary. "May" is permissive and discretionary. "Should" is advisory and not mandatory. 4. Tense, Number, and Gender. Words used in the present tense include the past and future tense. Words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary. The masculine and feminine genders are both inclusive of the masculine, feminine, and neuter. City of Dublin Zoning Ordinance 4~ September 1997 Amended July 2008 1.3~~ l3 General Residential A - Agriculture Single Famrly Residential R-1 (MinimumLotArea) PD F'~`; Planned Development Two Family Residential U Unclassifed R Z (Minimum Lot Area) Multi-Family Resrdentiaf R-M ~;..' (Minimum Lot Area) Commercial C-0 Commercia! Office C-N - Neighborhood Commercial G1 .=~ Retail Commercial G2 - Genera! Commercial Industrial M-P - Industria! Park M-1 - Lightlndustrial M-2 - Heavy Industrial Tri-Valley Region Jurisdiction Boundaries ~ Camp Parks RFTA Note Recent Amendments: ~ City of Dublin ^ ~ City of Dublin, Sphere of Influence L______.J ~,• •, •I SpecificPlanAreas e~~~~~~~~ L..~..r Attachment 6