HomeMy WebLinkAbout8.2 PCSR Zoning Ordinance Amendments � STAFF REPORT
s2 PLANNING COMMISSION
DATE: September 10, 2013
TO: Planning Commission
SUBJECT: PUBLIC HEARING: PLPA-2012-00037 Amendments to Dublin
Zoning Ordinance Chapters 8.08 (Definitions), 8.12 (Zoning Districts
and Permitted Uses of Land), 8.76 (Off-Street Parking and Loading
Regulations), 8.104 (Site Development Review) and 8.116 (Zoning
Clearance) and the creation of Chapter 8.82 (Day Care Centers)
Report prepared by Mamie Delgado, Senior Planner
EXECUTIVE SUMMARY:
On July 17, 2012, the City Council directed Staff to prepare Zoning Ordinance Amendments to
establish a ministerial process for the review and approval of Day Care Centers. Based on the
City Council's direction, Staff has prepared a new Zoning Ordinance chapter to regulate the
establishment and operation of Day Care Centers. Staff is also proposing other Zoning
Ordinance Amendments to: 1) streamline the review and approval of trash enclosures; 2) allow
parking exceptions for new or modified trash enclosures; 3) define tutoring centers and establish
them as Personal Services (use type); 4) identify language schools and private schools in the
School-Commercial (use type); 5) clarify that parking lot restriping is subject to approval of a Site
Development Review Waiver; 6) revise the parking requirement for Health Services/Clinics
based on a Community Development Director determination; 7) clarify how the height of a
retaining wall is measured; 8) allow minor exterior modifications to glass storefronts to be
exempt from Site Development Review; 9) minor grammatical corrections and clarifications in
the Site Development Review Chapter; and 10) revisions to the Zoning Clearance chapter to
establish consistency and clarity among the various types of permits subject to a 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 City Council approval of amendments to Dublin
Zoning Ordinance Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses of
Land), 8.76 (Off-Street Parking and Loading Regulations), 8.104 (Site Development Review),
and 8.116 (Zoning Clearance) and the creation of Chapter 8.82 (Day Care Centers).
9:�Rfta cto nl
Submitted By viewed By
Senior Planner Assistant Community Development Director
COPIES TO: File
ITEM NO.: �+
Page 1 of 12
DESCRIPTION:
Background
At the June 19, 2012 City Council meeting, Staff was directed to prepare an informational report
on the City's noise regulations and develop options regarding day care facilities for the City
Council's consideration, including the reuse of school sites for the operation of private day care
facilities. On July 17, 2012, Staff presented the report to the City Council (Attachment 1) and the
City Council directed Staff to prepare Zoning Ordinance Amendments to establish a ministerial
process for the review and approval of day care centers if they can meet established
development standards.
Based on the City Council's direction, Staff has prepared a new Zoning Ordinance chapter to
regulate the establishment and operation of Day Care Centers (Attachment 2). Staff is also
proposing other Zoning Ordinance Amendments that would: 1) streamline the review and
approval of trash enclosures; 2) allow parking exceptions for new or modified trash enclosures;
3) define tutoring centers and establish them as Personal Services (use type); 4) identify
language schools and private schools in the School-Commercial (use type); 5) clarify that
parking lot restriping is subject to approval of a Site Development Review Waiver; 6) revise the
parking requirement for Health Services/Clinics based on a Community Development Director
determination; 7) clarify how the height of a retaining wall is measured; 8) allow minor exterior
modifications to glass storefronts to be exempt from Site Development Review; 9) minor
grammatical corrections and clarifications in the Site Development Review Chapter; and 10)
revisions to the Zoning Clearance chapter to establish consistency and clarity among the various
types of permits subject to a Zoning Clearance. Each of the proposed amendments is described
in further detail below and can be found in Attachment 3.
ANALYSIS:
Day Care Centers
The proposed Zoning Ordinance Amendments related to Day Care Centers include: 1) revising
the definition of Day Care Center (use type) in Chapter 8.08 (Definitions); 2) revising the
Commercial Use Types table in Chapter 8.12 (Zoning Districts and Permitted Uses of Land) to
reflect a Zoning Clearance or Minor Use Permit instead of a Conditional Use Permit; 3) revising
the Commercial Use Type description for Day Care Centers in Chapter 8.76 (Off-Street Parking
and Loading Regulations) to be consistent with the revised definition of a Day Care Center; 4)
creating Chapter 8.82 (Day Care Centers) to regulate the establishment and operation of new
Day Care Centers; 5) revising Chapter 8.104 (Site Development Review) to allow new or
modified outdoor play areas with approval of a Site Development Review Waiver; and 6) revising
Chapter 8.116 (Zoning Clearance) to include Day Care Centers.
Chapter 8.08 (Definitions)
The definition of a Day Care Center (use type) is proposed to be amended to clarify the various
types of facilities that are subject to the proposed new chapter regulating Day Care Centers.
These revisions to the definition bring the text current with changes that have occurred in the
community over time and utilize terminology that is more prevalent in the community today. The
definition for Day Care Center (use type) is proposed to be amended as follows (with the
deleted text shown in strikethFough and the new text shown in underline):
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Day Care Center (use type). The term Day Care Center shall mean any Gh4d day care
facility which provides non-medical care and supervision for 15 or more persons including
children, seniors or persons with disabilities, for less than 24 hours a day. A Day Care
Center includes, but is not limited to, infant centers, preschools, sick-child centers, before
or after-school programs for school aged children with or without an educational
component, adult day care facilities, and similar uses as determined by the Community
Development Director.-etheF than a Large Family Day Care Horne er a Small Family Day
Chapter 8.12 (Zoning Districts and Permitted Uses of Land)
Day Care Centers are currently subject to approval of a Conditional Use Permit by the Planning
Commission in all Zoning Districts except the Agricultural Zoning District. Under the proposed
amendments, a Day Care Center would continue to be allowed in all Zoning Districts except the
Agricultural Zoning District and would be subject to approval of a Zoning Clearance or Minor Use
Permit. A Day Care Center could be approved ministerially with a Zoning Clearance if the project
meets the development standards and regulations contained in the proposed Chapter 8.82 (Day
Care Centers), which is discussed in further detail below. A Day Care Center that does not meet
the development standards and regulations would be subject to a Minor Use Permit. Chapter
8.12 (Zoning Districts and Permitted Uses of Land) is proposed to be amended to change the
permit type for Day Care Centers from a Conditional Use Permit by the Planning Commission to
a Zoning Clearance or Minor Use Permit. The proposed amendments to Section 8.12.050
(Permitted and Conditionally Permitted Land Uses) for the Commercial Use Type "Day Care
Centers" are as follows (with the deleted text shown in StFikethmugh and the new text shown in
underline):
COMMERCIAL USE
TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Day Care Center (15+ - G/PG G/PG G/PC G/PG G/PG G/PG G/PG G/PG C/PC G/PG
en-7 erp sons)
(see Chapter 8.82) ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/
MUP I MUP I MUP MUP I MUP I MUP I MUP I MUP I M U P MUP
Chapter 8.76 (Off-Street Parking and Loading Regulations)
The Off-Street Parking and Loading Regulations set forth the number of parking spaces required
for various Commercial Use Types including Day Care Centers. The number of parking spaces
required for a Day Care Center is not proposed to be modified; however, the description is
proposed to be amended to reflect the revised definition of Day Care Centers which includes
both children and adults. The revised description of the number of parking spaces required for a
Day Care Center in Section 8.76.080.D (Commercial Use Types) is proposed to be amended as
follows (with the new text shown in underline):
COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Day Care Center (15+) 1 per employee, plus 1 per company vehicle, plus
a loading space for every 5 children or clients at
the facility
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New Chapter 8.82 (Day Care Centers)
A new chapter regulating Day Care Centers is proposed to streamline the review and approval
process of new Day Care Centers that meet certain established development standards (see
Attachment 2). The proposed development standards are based on a review of all Conditional
Use Permits approved for existing Day Care Centers including their operating characteristics
and the conditions of approval placed on them. Additionally, Staff engaged the services of
Rosen, Goldberg, Der & Lewitz to prepare a noise study and derive specific development
standards to evaluate Day Care Centers that are proposed adjacent to residential land uses to
ensure that impacts are less than significant thereby eliminating the need for future Day Care
Centers to undertake site specific noise studies. The various elements of the new chapter are
described in further detail below. The full text of the new chapter can be found in Attachment 2.
Permitting Procedure
Day Care Centers are currently subject to approval of a Conditional Use Permit at a public
hearing before the Planning Commission. Under the proposed amendments, a Day Care Center
could be approved ministerially with a Zoning Clearance if the project met established
development standards and regulations (which are described in further detail below). Zoning
Clearances are approved by the Community Development Director and do not require a public
hearing or a public notice.
If a Day Care Center could not meet all of the established development standards and
regulations, a Minor Use Permit may be applied for. Minor Use Permits are discretionary permits
that can only be approved if their effect on the surrounding environment can be made
acceptable through the application of conditions of approval and all required findings can be
made. Minor Use Permits are approved by the Community Development Director and require a
public notice prior to action being taken on the permit.
Development Standards and Regulations
ZONING DISTRICTS:
Under the proposed amendments, a Day Care Center would continue to be allowed in all Zoning
Districts except the Agricultural Zoning District and comparable Planned Development (PD)
Zoning Districts with agricultural uses. Day Care Centers would be allowed in other Planned
Development (PD) Zoning Districts if not specifically prohibited by the PD regulations and if the
site does not have a Rural Residential/Agricultural or Open Space General Plan Land Use
designation.
PARKING AND DROP-OFF/PICK-UP:
A Day Care Center would need to provide the amount of parking required in Chapter 8.76 (Off-
Street Parking and Loading Regulations) — 1 parking space per employee plus 1 parking space
per company vehicle plus 1 loading space for every 5 clients at the facility. Additionally, a Day
Care Center providing care for non-school aged children would be required to have staggered
drop-off and pick-up of children across a minimum 1-hour time period.
HOURS OF OPERATION &OUTDOOR PLAY ACTIVITIES:
The permitted hours of operation for a Day Care Center would be 6:00am to 9:00pm Monday
through Friday. A Day Care Center that provides outdoor play activities for children and is
located adjacent to a residential land use would have their outdoor play activities limited to the
hours of 9:00am and 6:00pm Monday through Friday. Additionally, the Day Care Center would
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be limited in the amount of outdoor play (i.e. number of children, number of play periods and
duration of play periods). For Day Care Centers that are not located adjacent to residential land
uses, outdoor play activities would be allowed between the hours of 8:00am and 7:00pm
Monday through Friday. All outdoor activities involving children would be required to occur within
a designated play area and controlled so as not to create a nuisance to persons living or working
in the vicinity of the Day Care Center.
LICENSES, REGISTRATION & LOCAL ORDINANCES:
Lastly, all Day Care Centers would be required to obtain, and keep current, any applicable
licenses or registration with the State of California as well as a City of Dublin Business License
and adhere to all applicable local ordinances including, but not limited to, Dublin Municipal Code
Chapters 5.56 (Smoking Pollution Control), 5.64 (Property Maintenance) and 7.32 (Building
Security).
NOISE STUDY:
In order to streamline the review and approval of Day Care Centers and reduce the need for site
specific noise studies for future Day Care Centers, a noise study was undertaken (Attachment 4)
and development standards have been proposed to ensure that noise associated with a
proposed Day Care Center's outdoor play activities would not create an adverse impact to
surrounding residential land uses. The development standards include identifying the existing
noise environment and determining the maximum number of children and maximum amount of
outdoor play time that could occur throughout the day.
The existing noise environment reflects the amount of noise that residential land uses are
currently exposed to, based on their proximity to existing freeways and roadways. A quieter
environment is characterized as being farther away from traffic noise whereas a noisier
environment is characterized as being closer to traffic noise. The quieter the existing
environment, the more restricted a new Day Care Center would be in the amount of outdoor
play.
Chapter 8.104 (Site Development Review)
A Day Care Center that proposes to occupy an existing building and provide an outdoor play
area for children may need to make minor site modifications in order to establish a new play
area or modify an existing play area. Site modifications often require Site Development Review.
As part of streamlining the review and approval of Day Care Centers, Chapter 8.104 is proposed
to be amended to allow for new or modified outdoor play areas for use by children associated
with a Day Care Center to be reviewed and approved under a Site Development Review Waiver.
The proposed amendments to Section 8.104.030 (Waiver) would read as follows (with the
deleted text shown in s#ikethroug# and the new text shown in underline):
A. Site Development Review Waiver. The following projects are subject to a Site
Development Review Waiver:
1. Single-Family and Two-Family Residential
Improvements. The following improvements in the R-1 or R-2 Zoning Districts
or comparable Planned Development Zoning Districts with single-family or two-
family residential uses.
a. Single-Family Residential Landscape Modification. In a Planned
Development Zoning District with residential uses, the removal of a tree
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which is part of the streetscape of a development or is required by the
Conditions of Approval, but which is proposed to be replaced or is proposed
to be replaced with a different species.
b. Day Care Center Outdoor Play Areas. Modifications to an existing outdoor
Play area(s) or the establishment of a new outdoor play area(s) for use by
children associated with a Day Care Center.
2. Multi family, Commercial and Industrial Improvements. The following
improvements in the R-M, Commercial or Industrial Zoning Districts, or
comparable Planned Development Zoning Districts with multi-family, commercial
or industrial uses.
g. Minor Site Layout Modification. A minor modification to the layout of the
site including new paving areas, sidewalks, new or modified outdoor play
area(s) for use by children associated with a Day Care Center or other
similar improvements as determined by the Community Development
Director.
Chapter 8.116 (Zoning Clearance)
The Zoning Clearance Chapter establishes the procedure for certifying conformance of certain
land uses with the requirements of Title 8 of the Dublin Municipal Code (Zoning Ordinance). Day
Care Centers would be added to Chapter 8.116 as a land use requiring a Zoning Clearance. The
application, approval and expiration of a Zoning Clearance would also include Day Care Centers
(Attachment 3, Chapter 8.116).
Trash Enclosures
Dublin Municipal Code Chapter 7.98 (Solid Waste and Recycling Enclosure Standards) was
adopted by the City Council in June 2011 and amended in August 2012. The standards
establish design criteria and size requirements for new enclosures within the City (Attachment
5). The purpose of the standards are to ensure that there is adequate space in newly
constructed enclosures for solid waste and recycling, including organics if applicable, and to
comply with clean water requirements. The Solid Waste and Recycling Enclosure Standards
apply to: 1) new development projects; 2) remodeled commercial development projects that
trigger a planning entitlement and consist of grocery stores, restaurants, markets, day care
centers and auto repair/use; and 3) tenant improvements, where no planning entitlement is
required, if the use has the potential to pollute stormwater.
Trash enclosures that are required as part of new development projects, or as part of remodeled
commercial development projects that are subject to a planning entitlement, would be reviewed
and approved as part of the Planning entitlement being sought. However, trash enclosures
required as part of tenant improvements, where no planning entitlement is required, may actually
trigger a planning entitlement under the current Site Development Review regulations. In an
effort to streamline Planning review of tenant improvements projects that require new or
modified trash enclosures and are consistent with the Solid Waste and Recycling Enclosure
Standards, Staff is proposing an amendment to the Site Development Review Regulations.
Chapter 8.104 (Site Development Review Regulations) is proposed to be amended to allow
trash enclosures to be approved through a Site Development Review Waiver when the trash
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enclosure meets the requirements of the Solid Waste and Recycling Enclosure Standards and
does not result in the loss of required parking, unless a Parking Exception is granted. The
proposed amendment to Section 8.104.030.A.2 (Multi-Family, Commercial and Industrial
Improvements) would read as follows (with the new text shown in underline):
j. Trash Enclosures. Modifications to an existing trash enclosure(s) or the construction
of a new trash enclosure(s) that complies with Dublin Municipal Code Chapter 7.98
(Solid Waste and Recycling Enclosure Standards), notwithstanding any exceptions that
may be -granted by the Public Works Director, and the modified or new trash
enclosure(s) will not result in the loss of required parking except pursuant to Section
8.76.050.D (Parking Exception).
Chapter 8.76 (Off-Street Parking and Loading Regulations) is proposed to be amended to allow
for a Parking Exception to be granted by the Community Development Director when a new or
modified trash enclosure is required pursuant to the Solid Waste and Recycling Enclosure
Standards and results in the loss of required parking. The Parking Exception would allow for a
reduction in required parking for the number of spaces lost due to a new or modified trash
enclosure up to a maximum of 10% of the required number of parking spaces. The proposed
amendment to Section 8.76.050.D (Parking Exception) would read as follows (with the new text
shown in underline):
2. Trash Enclosures. The Director of Community Development may grant a Parking
Exception for a reduction in the number of required parking spaces when a reduction is
necessary as a result of the construction of a new trash enclosure or the modification
of an existing trash enclosure in compliance with Dublin Municipal Code Chapter 7.98
(Solid Waste and Recycling Enclosure Standards). The Parking Exception shall be
limited to the number of required parking spaces that are lost due to the construction of
a new or modification of an existing trash enclosure but in no case shall exceed 10% of
the required parking.
Any new or modified trash enclosure that results in a loss of more than 10% of the required
number of parking spaces or does not meet the requirements of the Solid Waste and Recycling
Enclosure Standards would be subject to full Site Development Review (i.e. would not be eligible
for the Site Development Review Waiver described above). The proposed amendment to
Section 8.104.040.A (Community Development Director) would read as follows (with the new
text shown in underline):
14. Trash Enclosures. Modifications to an existing trash enclosure(s) or the construction
of a new trash enclosure() that does not comply with Dublin Municipal Code Chapter
7.98 (Solid Waste and Recycling Enclosure Standards), notwithstanding any
exceptions that may be -granted by the Public Works Director. Or, modifications to an
existing trash enclosure(s) or the construction of a new trash enclosure(s) that results
in the loss of more than 10% of the required parking.
Other Zoning Ordinance Amendments
In addition to the proposed amendments related to Day Care Centers and trash enclosures,
Staff is proposing other Zoning Ordinance amendments to Chapter 8.08 (Definitions), Chapter
8.76 (Off-Street Parking and Loading Regulations), Chapter 8.104 (Site Development Review)
and Chapter 8.116 (Zoning Clearance). These amendments are minor in nature and have been
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proposed in order to clarify certain provisions of the Zoning Ordinance. Each of the proposed
amendments are described in further detail below and are included in Attachment 3.
Chapter 8.08 (Definitions)
Tutoring Centers and Personal Services
In recent years, Staff has received an increasing number of requests to establish tutoring
centers throughout the community. Because the Zoning Ordinance does not specifically address
tutoring centers they have historically been categorized as a School-Commercial use type which
is defined as, "a private business, beauty, cooking or trade school of a non-recreational nature".
As a School-Commercial use type, tutoring centers are permitted by-right in the C-1 (Retail
Commercial) and C-2 (General Commercial) Zoning Districts and require 1 parking space for
every 50 square feet of instructional area; this parking standard assumes a classroom setting
where groups of individuals gather to receive instruction.
Staff has evaluated numerous requests for tutoring centers and, based on a review of their
operating characteristics, has consistently found that tutoring centers offer specialized
educational services to school-aged children which are provided one-on-one with the student
rather than in a group or classroom setting. As a result, Staff believes that a tutoring center
operates more consistently with the Personal Services use type due to the one-on-one nature of
the service provided. The Personal Services use type includes businesses such as a barber
shop, nail salon, beauty parlor, tattoo and body piercing, and tanning salon. The parking
standard for the Personal Services use type is 1 parking space for every 300 square feet of floor
area.
As a Personal Services use type, tutoring centers would continue to be permitted by-right in the
C-1 (Retail Commercial) and C-2 (General Commercial) Zoning Districts and would also be
permitted by-right in the C-N (Neighborhood Commercial) Zoning District. Allowing tutoring
centers in the C-N zoning district would be consistent with the intent of the district which is to
provide for small scale, low-intensity neighborhood commercial use types which serve, and are
in proximity to, the residential neighborhoods throughout the City.
Additionally, as a Personal Services use type; tutoring centers would be required to provide 1
parking space for every 300 square feet of floor area consistent with other businesses in the
Personal Services use type category. This parking requirement is appropriate for tutoring
centers which provide on-on-one tutoring services rather than the School-Commercial parking
standard of 1 parking space for every 50 square feet of instructional area which is more
consistent with a classroom setting.
Therefore, Staff is proposing that tutoring centers be included in the definition for the Personal
Services use type. The definition of Personal Services (use type) in Section 8.08.020
(Definitions A-Z) is proposed to be amended as follows (with the new text shown in underline):
Personal Services (use type). The term Personal Services shall mean a barber shop,
nail salon, beauty parlor, tattoo and body piercing, tanning salon, tutoring center, self-
service laundry (coin-operated), full-service laundry (not a dry cleaning plant) or other
service determined to be substantially similar to the above by the Director of Community
Development.
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A new definition for Tutoring Center is also proposed to be added to ensure that a tutoring center
is clearly defined and distinguished from an after-school program which cares for children but
may also have an educational component. A new definition for a tutoring center is proposed to
be added to Section 8.08.020 (Definitions A-Z) as follows (with the new text shown in underline):
Tutoring Center. The term Tutoring Center shall mean a place of business where a
student who is working towards satisfying the requirements of the Compulsory Education
Law of the State receives private instruction outside of a school or other academic
program to develop or enhance their skills in one or more educational subjects.
Language Schools and Private Schools
The definition for School-Commercial (use type) has been revised to specifically include
language schools and to clarify that private schools, similar to public schools, which meet the
compulsory education laws of the State, are considered a Community Facility. The definition of
School-Commercial (use type) in Section 8.08.020 (Definitions A-Z) is proposed to be
amended as follows (with the new text shown in underline):
School - Commercial (use type). The term School - Commercial shall mean a private
business, beauty, cooking, language or trade school of a non-recreational nature, or other
school which is determined to be substantially similar to the above by the Director of
Community Development, located in a commercial zone, and which charges a fee for
attendance. Facilities which teach sports or recreation such as martial arts or gymnastics
are addressed by the Recreational Facility/Indoor Use Type. Public schools and private
schools which meet the requirements of the Compulsory Education Law of the State are
addressed by the Community Facility Use Type.
Chapter 8.76 (Off-Street Parking and Loading Regulations)
Parking Lot Restriping
Section 8.76.060.K (Re-striping of Parking Lots) has been revised to reflect approval subject to a
Site Development Review Waiver rather than a Zoning Clearance. This revision is consistent
with Chapter 8.104 (Site Development Review) which requires a Site Development Review
Waiver for the re-striping of parking lots (refer to Section 8.104.030.A.2.d). The proposed
amendment to Section 8.76.060.K (Re-striping of Parking Lots) would read as follows (with the
deleted text shown in StFikethFaugh and the new text shown in underline):
K. Re-striping of Parking Lots. Parking lots are periodically resurfaced and re-
striped. In order to ensure that parking lots retain the same parking space sizes
and locations, and the same circulation locations and dimensions, all parking lots
shall be re-striped pursuant to a Zoning GleaFannc Site Development Review
Waiver.
Health Services/Clinics Parking Requirement
Section 8.76.080.D (Commercial Use Types) has been revised consistent with a Community
Development Director determination (Attachment 6) that the parking requirement for Health
Services/Clinics be consistent with the Office-Professional parking requirement of 1 parking
space for every 250 square feet due to the similar definitions between the two use types. The
proposed amendment to Section 8.76.080.D (Commercial Use Types) for Health
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Services/Clinics would read as follows (with the deleted text shown in stF+lethrough and the new
text shown in underline):
COMMERCIAL USE TYPES NUMBER OF PARKING SPACES
REQUIRED
Health Services/Clinics 1 per 459 250 square feet
Chapter 8.104 (Site Development Review)
Section 8.104.020.G (Retaining Walls) has been revised to clarify that the height measurement
of a retaining wall is from above grade not the footing below grade. The proposed amendment to
Section 8.104.020.G (Retaining Walls) would read as follows (with the deleted text shown in
strikethrsug-h and the new text shown in underline):
G. Retaining Walls. Retaining walls (retaining earth only) that do not exceed four feet
in height above grade and are exempt from a building permit.
permit.
Section 8.104.020.H (Minor Exterior Modifications to Glass Storefronts) has been added to
exempt minor changes to existing glass storefronts from Site Development Review. The
proposed amendment to Section 8.104.020.H (Minor Exterior Modifications to Glass Storefronts)
would read as follows (with the new text shown in underline):
Minor Exterior Modifications to Glass Storefronts. Modifications to existing glass
storefronts in Commercial Industrial and comparable Planned Development Zoning
Districts including removing an existing window and replacing it with a glass door,
removing an existing glass door and replacing it with a glass window, or removing and
replacing glass doors so long as the new doors and/or windows match in color, design
and material other exterior doors and windows within the same building and the
modifications do not include frosting tinting or the addition of other materials that would
otherwise obscure the window.
Section 8.104.030.A.2.h (Window Modifications) has been revised consistent with the new
Section 8.104.020.1-1 (Minor Exterior Modifications to Glass Storefronts) described above to
ensure internal consistency. The proposed amendment to Section 8.104.030.A.2.h (Window
Modifications) would read as follows (with the new text shown in underline):
Window Modifications. Window modifications which include new and replacement
windows, unless otherwise exempted under Minor Exterior Modifications to Glass
Storefronts, frosting, tinting or the addition of other materials which may obscure a
window as determined by the Community Development Director.
Section 8.104.040.A.3 (Agricultural Accessory Structures) is revised to correct a grammatical
error. The proposed amendment to Section 8.104.040.A.3 (Agricultural Accessory Structures)
would read as follows (with the deleted text shown in strikethrough and the new text shown in
underline):
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Agricultural Accessory Structures. All awe agricultural accessory structures.
Section 8.104.040.A.7 (Residential Additions) is revised to add clarifying language regarding
Planned Development Zoning Districts. The proposed amendment to Section 8.104.040.A.7
(Residential Additions) would read as follows (with the new text shown in underline):
Residential Additions. Residential additions which are over 500 square feet in size in
the R-1 or R-2 Zoning Districts or any Planned Development Zoning Districts with similar
residential uses.
Section 8.104.040.A.8 (Residential Demolition and Construction) is revised to clarify that a
demolition is subject to Site Development Review even if no reconstruction or new construction
is proposed concurrently with the demolition and to add clarifying language regarding Planned
Development Zoning Districts. The proposed amendment to Section 8.104.040.A.8 (Residential
Demolition and Construction) would read as follows (with the new text shown in underline):
Residential Demolition and Construction. A residential demolition and construction
which includes the demolition of 50 percent or more of the existing exterior walls of the
principal structure and the reconstruction, remodel or construction of a new house in the
R-1 or R-2 Zoning Districts or any Planned Development Zoning Districts with similar
residential uses.
Section 8.104.040.13.1 (Exception to Accessory Structure Requirements) has been revised to
correct the section reference. The proposed amendment to Section 8.104.040.B.1 (Exception to
Accessory Structure Requirements) would read as follows (with the deleted text shown in
GtFikethFG inh and the new text shown in underline):
Exception to Accessory Structure Requirements. An exception to the requirements of
Section 8.40.020.F.2 of Chapter 8.40 (Accessory Structures). Chapter 8.40, AGGesSGFY
StFUGtUres.
Chapter 8.116 (Zoning Clearance)
A number of revisions are proposed to establish consistency and clarity among the various types
of permits subject to a Zoning Clearance. The revisions include adding section titles, re-ordering
the list of uses to be consistent in each section, and, establishing consistent language for
approving a Zoning Clearance and when a Zoning Clearance expires (Attachment 3, Chapter
8.116).
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE:
The proposed Zoning Ordinance Amendments, as outlined in this Staff Report and the draft City
Council Ordinance included as Attachment 7, Exhibit A, are consistent with the Dublin General
Plan and all applicable Specific Plans in that the Amendments relating to uses such as day care
centers and tutoring centers are consistent with applicable land use designations and general
development policies. The other amendments propose procedural, clean-up and minor revisions
and raise no inconsistencies with the General Plan or any specific plans. The amendments
include minor revisions for internal consistency within the Zoning Ordinance.
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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.
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 project be found exempt in accordance with Section 15061(b)(3) because it can be seen
with certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance)
will not have a significant effect on the environment. The adoption of the proposed Ordinance
does not, in itself, allow the establishment of any use or the construction of any building or
structure, but sets forth the regulations that shall be followed if and when a use is proposed to be
established, or 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.
ATTACHMENTS:
1) City Council Staff Report dated July 17, 2012.
2) Proposed Chapter 8.28 (Day Care Centers).
3) Amendments to various Zoning Ordinance Chapters in strikethrough/underline format.
4) Environmental Noise Analysis for the Dublin Day Care Ordinance, prepared by Rosen,
Goldberg, Der & Lewitz dated 1 April 2013.
5) Chapter 7.98 (Solid Waste and Recycling Enclosure Standards).
6) Community Development Director Determination regarding the parking standard for
Health Services/Clinics.
7) Resolution recommending City Council approval of amendments to Dublin Zoning
Ordinance Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses of
Land), 8.76 (Off-Street Parking and Loading Regulations), 8.104 (Site Development
Review), and 8.116 (Zoning Clearance) and the creation of Chapter 8.82 (Day Care
Centers).
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