HomeMy WebLinkAbout8.1 ZOA ChptSTAFF REPORT
PLANNING COMMISSION
DATE: August 23, 2011
TO: Planning Commission
SUBJECT: PUBLIC HEARING: PLPA-2011-00026 Zoning Ordinance Amendments
to Chapter 8.40 (Accessory Structures and Uses Regulations), Chapter
8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign
Regulations) and Chapter 8.108 (Temporary Use Permit)
Report prepared by Marnie R. Waffle, Senior Planner~~
EXECUTIVE SUMMARY:
The City is initiating amendments to the Zoning Ordinance to bring greater clarity and
consistency to existing regulations. Amendments are proposed to, Chapter 8.40 (Accessory
Structures and Uses Regulations) as it relates to Eating and Drinking Establishments as an
accessory use to retail sales; to Chapter 8.76 (Off-Street Parking and Loading Regulations) as it
relates to tenant spaces with multiple functions and parking requirements for other Indoor
Recreational Facilities not specifically listed in Section 8.76.080. D; to Chapter 8.84 (Sign
Regulations) as it relates to flags, temporary promotional signs, and the regulation of signage in
the Downtown Dublin Zoning District; and to Chapter 8.108 (Temporary Use Permit) as it relates
to other temporary land uses not specifically defined and deviating from established
development standards. The Planning Commission will review the proposed Zoning Ordinance
Amendments and make a recommendation to the City Council.
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 City Council adoption of amendments to Chapter 8.40
(Accessory Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading
Regulations), Chapter 8.84 (Sign Regulations) and Chapter 8.108 (Temporary Use Permit) of
the Zoning Ordinance.
G:1PA#120111PLPA-2011-00026 Zoning Ordinance Amendments, Update 11PCSR ZOA 08.23.11.doc
DESCRIPTION:
Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or amend
certain provisions to ensure that the Zoning Ordinance remains internally consistent and
relevant to changes occurring in the community. Amendments to Chapter 8.40 (Accessory
Structures and Uses Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations),
Chapter 8.84 (Sign Regulations), and Chapter 8.108 (Temporary Use Permit) of the Zoning
Ordinance are proposed and are outlined in further detail below. A strikethrough/underline
version of the proposed Zoning Ordinance Amendments is included as Attachment 1.
ANALYSIS:
Chapter 8.40 (Accessory Structures and Uses Regulations)
Section 8.04.060.E (Official Interpretations) of the Zoning Ordinance allows the Community
Development Director to make official interpretations of the Zoning Ordinance when the
applicability or meaning of any of the requirements of the Zoning Ordinance is unclear generally
or as applied to a specific case. On June 10, 2011 the Community Development Director issued
an official interpretation regarding Eating and Drinking Establishments as an accessory use to
retail sales (Attachment 2). Section 8.04.060.E also requires that when the Community
Development Director issues an official interpretation for an unclear provision of the Zoning
Ordinance, that the unclear provision be corrected by amending the Zoning Ordinance as soon
as practical. Section 8.40.030.G (Permitted Commercial and Industrial Accessory Uses) is
proposed to be amended to add the following regulation (see Attachment 1, page 1):
8. Eating and Drinking Establishments. An Eating and Drinking
Establishment incidental to retail sales in Commercial Zoning Districts
where the Eating and Drinking Establishment, including food preparation
areas and seating areas, is 10% or less of the entire tenant space.
Chapter 8.76 (Off-Street Parking and Loading Regulations)
Tenant Space with Multiple Functions
The official interpretation issued by the Community Development Director on June 10, 2011 (see
Attachment 2) also addressed an unclear provision in Section 8.76.040.M (Tenant Space with
Multiple Functions). This section is proposed to be amended as follows (see Attachment 1,
page 2):
M. Tenant Space with Multiple Functions. When a tenant space contains
several Use Types, the amount of parking to be provided shall be the total
of that required by Section 8.76.080 for each Use Type, except as
otherwise provided by Section 8.76.050 (Adjustment to the Number of
Parking Spaces).
1. When a tenant space contains several Use Types for the exclusive use
of those engaged in the primary use and not otherwise available to the
general public, the amount of parking to be provided shall be the total
of that required by Section 8.76.080 for the primary Use Type.
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2. When a tenant space contains permitted accessory uses pursuant to
Section 8.40.030 (Accessory Uses), additional parking shall not be
required.
Off-Street Parking Table: Indoor Recreational Facilities
Section 8.76.080 (Parking Requirements by Use Type) is also proposed to be amended as it
relates to parking requirements for "Other" Indoor Recreational Facilities for which a parking
requirement is not specifically listed. Currently, a Conditional Use Permit is required to
establish a parking requirement for "Other" Indoor Recreational Facilities. The proposed
amendment would change the process to a Minor Use Permit (see Attachment 1, page 2)
consistent with the regulation of Indoor Recreational Facilities through the Minor Use Permit
process and thus streamlining the permitting process.
Chapter 8.84 (Sign Regulations)
Flags -Seasonal
A new sign type is proposed to be added to the Sign Regulations Chapter to allow for the
display of seasonal flags. Anew definition of Flags -Seasonal would be added to Section
8.84.020 (Definitions) of the Sign Regulations Chapter to read as follows (see Attachment 1,
page 3):
P. Flags -Seasonal. The term Flags -Seasonal shall mean a sign
constructed of cloth, canvas or another light fabric with or without a rigid
frame intended to be displayed for a limited period of time and/or changed
on a regular basis to coincide with holidays or the four seasons of the
year.
This proposed sign type would be included in the current exemption for flags in Section 8.84.140
(Exempt Signs) and would not require a permit (see Attachment 1, page 6), as follows:
B. Flags. The flag or insignia of any charitable, educational, philanthropic,
civic, professional or religious organization, or seasonal flags.
Flags - AutomobileNehicle Sales
A new sign type is proposed to be added to the Sign Regulations Chapter regulating the display
of flags on light poles at automobile/vehicle sales establishments. This proposed sign type
would be allowed subject to approval of a Zoning Clearance in Commercial and Industrial
Zoning Districts where automobile/vehicles sales is permitted (see Attachment 1, page 3). The
following definition would be added to Section 8.84.020 (Definitions) of the Sign Regulations
Chapter (see Attachment 1, page 3):
O. Flags - Automobile/Vehicle Sales. The term Flags -Automobile/
Vehicle Sales shall mean a sign constructed of cloth, canvas or another
light fabric with or without a rigid frame intended to be displayed on a
regular basis to advertise the business name.
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This proposed sign type would also be added to Section 8.84.050. (Signs Subject to Permits)
and would be required to adhere to the following standards in order to obtain approval of a
Zoning Clearance (see Attachment 1, pages 5-6):
F. Flags - Automobile/Vehicles Sales. AutomobileNehicle Sales Flags
are permitted in those Zoning Districts where AutomobileNehicle Sales
are permitted subject to approval of a Zoning Clearance.
AutomobileNehicle Sales Flags are subject to the following:
1. AutomobileNehicle Sales Flags shall be located on the site where
the business being advertised is conducted.
2. The location of AutomobileNehicle Sales Flags shall be limited to
private property light poles and shall not extend above the top of the
light pole.
3. The number of AutomobileNehicle Sales Flags shall be limited to
one (1) flag per light pole, up to one-half of all light poles located on
the site.
4. AutomobileNehicle Sales Flags shall be limited to a maximum of 20
square feet and maybe single sided or double sided.
5. AutomobileNehicle Sales Flags shall have a clearance of eight (8)
feet above the ground and fourteen (14) feet above a driveway, alley
or other vehicular access way. No flag shall project into a public
right-of-way.
6. AutomobileNehicle Sales Flags shall be maintained in good
condition at all times. Any flag that is faded, tom or otherwise
determined by the Community Development Director to not be in
good condition shall be removed upon request and maybe replaced
subject to compliance with Section 8.84.050. F.
Many of the City's auto dealerships already display flags on light poles; this amendment would
provide standards to regulate the display of these flags. Staff worked with the auto dealerships
and solicited input on the proposed standards. The auto dealerships were supportive of the
proposed amendments and their input was taken into consideration in drafting the standards.
Temporary Promotional Signs
The regulations pertaining to Section 8.84.050.S (Temporary Promotional Signs) are proposed
to be amended to limit the number of signs that can be displayed at any one time to a maximum
of two (2) signs. One sign may be displayed on the tenant's building frontage and a second sign
may be displayed on the street frontage. In a situation where a tenant has two street frontages,
the tenant may display an additional sign along the street frontage in lieu of their building
frontage. However, only one (1) sign would be allowed per street frontage, up to two frontages.
and the signs must be a minimum of 200-feet apart. (See Attachment 1, pages 4-6).
Downtown Dublin Zoning District
Matrix A in Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) is
proposed to be amended to include the new Downtown Dublin Zoning District. The sign types
allowed in the Downtown Dublin Zoning District (DDZD) and the Decisionmaker authority for
those signs (i.e. Community Development Director, Zoning Administrator, Planning Commission)
is the same as what is allowed for the C-2 (General Commercial) Zoning District. (See
Attachment 1, pages 3-4).
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Non-Substantive Changes to the Sign Regulations
Matrix A in Section 8.84.030 (Sign Approvals and Decisionmaker Authority by Zoning District) is
proposed to be amended to remove Open House signs and Window signs from the matrix (see
Attachment 1, pages 3-4). Matrix A sets forth those signs which are subject to permits and
Open House signs and Windows signs are exempt signs pursuant to Section 8.84.140 (Exempt
Signs).
Chapter 8.108 (Temporary Use Permit)
The Temporary Use Permit Chapter of the Dublin Zoning Ordinance contains regulations and
development standards for a variety of temporary land uses. A temporary land use that meets
established development standards and is temporary in nature may be approved for a limited
duration of time.
The current Temporary Use Permit Chapter was adopted by the City Council Ordinance 21-10 in
November 2010 (Attachment 3) to provide greater flexibility in the establishment of temporary
land uses. Anew category in Section 8.108.020 was created for Similar Uses and reads as
follows:
O. Similar Uses. A use that is, in the determination of the Community
Development Director, similar to any of the specific uses contained in
Section 8.108.020, temporary in nature, and is compatible with the
surrounding area and the Zoning District in which the use is located. Such
similar uses shall also be subject to any provisions applicable to the specific
use contained in Section 8.108.020.
The Similar Uses category requires that the temporary land use adhere to the provisions for the
specific use that it is "similar" to including number of events, duration of events and all other
development standards and regulations established for the specific use. The Temporary Use
Permit Chapter does not address temporary land uses that are not specifically listed and are not
similar to a specifically listed temporary land use.
The proposed Zoning Ordinance Amendment would create a new "other" category with the
following development standards (see Attachment 1, page 7):
K Other Temporary Uses. A temporary land use that is not otherwise
defined in Section 8.108.020 nor determined by the Community
Development Director to be similar to any of the specific uses contained in
Section 8.108.020, may be approved as a temporary use of land subject
to the following conditions:
1. The use is temporary in nature and would not exceed 30 calendar
days.
2. The use was not established by means of a Temporary Use Permit
within the last six (6) months.
3. The hours of operation are between: gam and 9pm Monday through
Friday; gam and 11 pm Saturday; and gam and 6pm Sunday. Event
set-up may begin no earlier than Sam. Loudspeakers or amplified
music shall be limited to between 10am and 9pm Monday through
Saturday.
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4. The use would be compatible with the surrounding area and the
Zoning District in which it is located.
5. The use complies with the standard conditions established by the
Community Development Director.
A temporary land use that meets the above development standards would be processed through
a Temporary Use Permit.
Another proposed revision to the Temporary Use Permit chapter is to allow for deviations from
established development standards through a Minor Use Permit process (see Attachment 1,
page 7). Any temporary land use, including temporary land uses within the "other" category,
that cannot meet an established development standard may apply for a Minor Use Permit.
FINDINGS:
The proposed Zoning Ordinance Amendments are consistent with the Dublin General Plan and
all applicable Specific Plans in that the General Plan and applicable Specific Plans include
policies which support the development of commercial uses and the proposed Zoning Ordinance
Amendments facilitate commercial development by bringing greater clarity and consistency to
existing commercial regulations related to accessory uses, parking, signage and temporary land
uses.
CONCLUSION:
Staff is recommending that the Planning Commission adopt a Resolution recommending City
Council approval of the proposed amendments to Chapter 8.40 (Accessory Structures and Uses
Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84 (Sign
Regulations) and Chapter 8.108 (Temporary Use Permit) of the Zoning Ordinance (Attachment
4). The proposed amendments bring greater clarity and consistency to the existing regulations
and address the needs of the community.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Public Notice was published in the Valley Times and posted at several locations throughout
the City. The Public Notice was provided to all persons who have expressed an interest in being
notified of meetings. The Staff Report for this public hearing was also made available on the
City's website. The City. has received one letter of concern by a Dublin resident regarding the
regulation of signage throughout the City (Attachment 5).
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State Guidelines and City
Environmental Regulations require that certain projects be reviewed for environmental impacts
and that environmental documents be prepared. Pursuant to the CEQA, Staff is recommending
that the proposed Ordinance be found 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. The adoption of the proposed
Ordinance is exempt from CEQA because the Ordinance does not, in itself, allow the
construction of any building or structure, but it sets forth the regulations that shall be followed if
and when a building or structure is proposed to be constructed or a site is proposed to be
developed. This Ordinance of itself, therefore, has no potential for resulting in significant
physical change in the environment, directly or ultimately.
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ATTACHMENTS:
1)
2)
3)
4)
5)
Proposed Zoning Ordinance Amendments in
Strikethrough/Underline.
Community Development Director Determination and
Interpretation Letter dated June 10, 2011.
City Council Ordinance 21-10.
Planning Commission Resolution recommending City
Council adoption of amendments to Chapter 8.40
(Accessory Structures and Uses Regulations), Chapter
8.76 (Off-Street Parking and Loading Regulations),
Chapter 8.84 (Sign Regulations) and Chapter 8.108
(Temporary Use Permit) of the Zoning Ordinance, with
the draft City Council Ordinance attached as Exhibit A.
Letter dated August 16, 2011 from Dublin resident
Bruce Fiedler.
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