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Home My WebLink About8.1 PLPA-2011-00019 Scarlett Ct ZOA Amend.G~?? Of DUB?y 82 ?'1LIFpRN? DATE: TO: April 26, 2011 Planning Commission SUBJECT: PUBLIC HEARING - PLPA-2011-00019 Scarlett Court Zoning Ordinance Amendments (Legislative) - Amendments to the Dublin Municipal Code related to the Scarlett Court Overlay Zoning District (Chapter 8.34) Report prepared by Kristi Bascom, Principal Planner EXECUTIVE SUMMARY: One of the high priority Economic Development Goals and Objectives for the 2010-2011 Fiscal Year is to examine appropriate locations to permit automotive repair businesses within the City. Staff has been identifying locations in the City where additional auto-related uses would be appropriate, and has drafted changes to the Zoning Ordinance to facilitate their development. Staff is proposing amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to the Scarlett Court Overlay Zoning District. The proposed amendments would allow auto-related uses in the Scarlett Court Overlay Zoning District by means of a Zoning Clearance or Minor Use Permit. The amendments include modifications to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.34 (Scarlett Court Overlay Zoning District), and Chapter 8.116 (Zoning Clearance). RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive 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 that the City Council adopt an Ordinance approving Amendments to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.34 (Scarlett Court Overlay Zoning District), and Chapter 8.116 (Zoning Clearance) of the Zoning Ordinance for auto-related uses in the Scarlett Court Overlay Zoning District. -? Submitted By Principal Planner COPIES TO: File 1 ei y Plan nin anager ITEM NO.: Z? Page 1 of 6 STAFF REPORT PLANNING COMMISSION G:1PA#120111PLPA-2011-00019 Scarlett Court ZOAIPCSR SC ZOA.doc DESCRIPTION: Background One of the high priority Economic Development Goals and Objectives for the 2010-2011 Fiscal Year is to examine appropriate locations to permit automotive repair businesses within the City. As areas that have traditionally accommodated auto-related uses such as auto repair, sales, and service transition to other types of more-intensive development, City Staff have been examining locations where it would be feasible to encourage auto-related uses to re-establish. Staff has been identifying locations in the City where additional auto-related uses would be appropriate, and has drafted changes to the Zoning Ordinance to facilitate their development. The Scarlett Court area is a logical area due to the number of auto-related uses already in operation. This area is zoned M-1 (Light Industrial) except for a portion of one parcel, as shown below. Staff recommends amending the Zoning Ordinance to remove the requirement for auto-related uses to be permitted by a Conditional Use Permit approved by the Planning Commission and instead allow them to be permitted by means of a Zoning Clearance or Minor Use Permit within the Scarlett Court area. ANALYSIS: The proposed Zoning Ordinance Amendments would establish development standards and allow auto-related uses in the Scarlett Court area with approval of a Zoning Clearance or a Minor Use Permit. The City has used this approach for several different use types in recent years, including Indoor Recreational Facilities and Large Family Daycares, with the intent of facilitating the quicker processing of certain applications. This will allow auto-related uses in the Scarlett Court area, which should have minimal impacts to surrounding uses based on the proliferation of existing auto-related uses, a shorter planning review time and a lower up-front cost to the Applicant. 2 of 6 Staff is proposing changes to three chapters of the Zoning Ordinance: Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.34 (Scarlett Court Overlay Zoning District), and Chapter 8.116 (Zoning Clearance). The City Council Ad Hoc Economic Development Committee reviewed the proposed-Zoning Ordinance Amendments to require a Zoning Clearance or Minor Use Permit instead of the current requirement for a Conditional Use Permit approved by the Planning Commission. The Economic Development Committee concurred with the proposed Zoning Ordinance amendments as discussed below. Chapter 8.12 (Zoning Districts and Permitted Uses of Land) Staff is proposing to amend Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) to note that auto-related uses are permitted in the portion of the M-1 Zoning District that is located in the Scarlett Court Overlay Zoning District, by means of a Zoning Clearance or Minor Use Permit. The Permit requirements for auto-related uses in other zoning districts would not change. The following rows of the "Land Use Matrix" table in Section 8.12.050 are proposed to be amended as follows (the underlined text is new): COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 AutomobileNehicle - - - - P P P P - - - Brokerage ZC/MUP' AutomobileNehicle Rental - - - - - - - P - C/PC - ZC/MUPl AutomobileNehicle Repairs - - - - - - - P - C/PC - and Service ZC/MUP' AutomobileNehicle Sales - - - - - - - C/PC - C/PC - and Service ZC/MUP? Permitted with a Zoning Clearance/Minor Use Permit in the Scarlett Court Overlay Zoning District. The means of permitting an AutomobileNehicle Storage Lot is not proposed to change. This use type will still require a Conditional Use Permit approved by the Planning Commission in any M-1 (Light Industrial) Zoning District. Sections 2 of the draft Ordinance, which is included as Exhibit A to Attachment 1 of this Staff Report, shows the amended Section 8.12.050 in its final form, with all of the changes incorporated. Chapter 8.34 (Scarlett Court Overlay Zoning District) Staff is proposing to amend Chapter 8.34 to note that the auto-related uses noted above will be permitted with approval of a Zoning Clearance or a Minor Use Permit in the M-1 (Light Industrial) Zoning District if the property is in the Scarlett Court Overlay Zoning District. The main change to the Chapter is the proposed addition of Section 8.34.080 (Permitting Procedures), which describes the standards for approving Zoning Clearances and Minor Use Permits, as follows: 8.34.080 Permitting Procedures. A. Zoning Clearance. Uses requiring a Zoning Clearance in compliance with Chapter 8.12 (Zoning Districts and Permitted Uses of Land) shall be approved ministerially with a Zoning Clearance and without discretionary review or a public hearing if it meets the following standards: 3of6 1. Meets all Development Standards and Regulations for the Zoning District in which it is located and any other applicable provisions of the City Code or regulations, including occupancy, accessibility, California Building Code, and Fire Code requirements. 2. Meets the parking requirement for the use type in accordance with the requirements of Section 8.76.080 (Parking Requirements by Type) without any adjustments, reductions or variances. 3. The use qualifies for an exemption for environmental review under the California Environmental Quality Act (CEQA). 4. The hours of operation are no earlier than 7:00 a.m. and no later than 10:00 p.m. for AutomobileNehicle Sales and no earlier than 7:00 a.m. and no later than 7:00 p.m. for AutomobileNehicle Service or Repair. 5. All service and/or repair work shall be conducted inside the building. 6. No outdoor storage of vehicles being repaired. 7. No amplified sounds or loudspeakers outside the building. 8. Any AutomobileNehicle washing or detailing shall be done in compliance with applicable water pollution control standards. A Zoning Clearance form shall document the compliance of the use with the above requirements and shall be kept on file in the Community Development Department for the duration of the operation of the use. B. Minor Use Permit. A proposed use that does not meet the requirements for approval by a Zoning Clearance under subsection A of this section shall require approval of a Minor Use Permit under Chapter 8.102 (Minor Use Permit). Section 3 of the draft Ordinance, which is included as Exhibit A to Attachment 1 of this Staff Report, shows the amended Chapter 8.34 in its final form, with all of the changes incorporated. Attachment 2 to this Staff Report is the amended Chapter 8.34, showing text additions and deletions in underline and strikeout. Chapter 8.116 (Zoning Clearance) Staff is proposing amendments to this Chapter of the Zoning Ordinance to note that the following types of uses are now subject to a Zoning Clearance: AutomobileNehicle Brokerage, AutomobileNehicle Rental, AutomobileNehicle Repairs and Service, or AutomobileNehicle Sales and Service use types that meet the standards specified in Chapter 8.34 (Scarlett Court Overlay Zoning District). Section 4 of the draft Ordinance, which is included as Exhibit A to Attachment 1 of this Staff Report, shows the amended Chapter 8.116 in its final form, with all of the changes incorporated. 4of6 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 notice of this hearing was mailed to all property owners and tenants in the Scarlett Court Overlay Zoning District, to those within 300 feet of the subject area, and to those requesting such notice, ten days before the hearing. 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. Additionally, Staff solicited input on the proposed Zoning Ordinance Amendments from all affected properties within the Scarlett Court Overlay Zoning District. A letter outlining the proposed chances was sent to all property owners, and no comments were received. Staff met with one of the property owner representatives to discuss the proposed changes, and Staff received support for the proposed changes. ENVIRONMENTAL REVIEW: The project has been found to be exempt from the California Environmental Quality Act (CEQA), according to Section 15061(b)(3) 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 (Zoning Ordinance) may have a significant effect on the environment. ATTACHMENTS: 1) Resolution recommending that the City Council adopt an Ordinance approving Amendments to Chapters 8.12 (Zoning Districts and Permitted Uses), 8.34 (Scarlett Court Overlay Zoning District), and 8.116 (Zoning Clearance) of the Zoning Ordinance for auto-related uses in the Scarlett Court Overlay Zoning District, with the draft Ordinance included as Exhibit A. 2) Amended Chapter 8.34 of the Zoning Ordinance (with proposed additions and deletions shown). 5of6 GENERAL INFORMATION: PROPERTY OWNERS: Multiple APPLICANT: City of Dublin LOCATION: Scarlett Court Overlay Zoning District (All properties on Scarlett Drive and Scarlett Court and properties on the south side of Dublin Boulevard between Dougherty Road and the Iron Horse Trail) ZONING: M-1 (Light Industrial), with one parcel partially zoned C-2 (General Commercial). GENERAL PLAN LAND USE DESIGNATION: Business Park/Industrial, with one parcel designated Retail/Office and Automotive SPECIFIC PLAN/ LAND USE DESIGNATION: n/a SURROUNDING USES: Varied 6of6