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HomeMy WebLinkAboutItem 4.3 Amend Various Zoning Ordor 19 82 /ii � 111 DATE: STAFF REPORT CITY COUNCIL November 5, 2013 CITY CLERK File #450 -20 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo City Manager""' " SUBJECT: 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) (PLPA -2012- 00037) Prepared by Mamie R. 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. On October 1, 2013 the City Council waived the reading and introduced an Ordinance approving the amendments. The City Council will consider waiving the second reading and adopting the Ordinance. FINANCIAL IMPACT: The cost to prepare these Zoning Ordinance Amendments was paid from the General Fund. The cost to process a Day Care Zoning Clearance would be offset by the Day Care Zoning Clearance application fee. RECOMMENDATION: Staff recommends that the City Council: 1) Waive the reading and adopt an Ordinance approving 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 Page 1 of 3 ITEM NO. 4.3 (Site Development Review), and 8.116 (Zoning Clearance) and the creation of Chapter 8.82 (Day Care Centers). Submitted By Director of Community Development DESCRIPTION: �?14 Reviewed By Assistant City Manager 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 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. 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. At the October 1, 2013 City Council meeting (Attachment 1), Staff presented the draft Zoning Ordinance Amendments and the City Council waived the reading and introduced an Ordinance amending 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). The City Council also adopted a Resolution amending the fee schedule to establish a fee for a Day Care Center Zoning Clearance. The City Council is being asked to waive the second reading and adopt the Ordinance (Attachment 2). 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 (Attachment 2), 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 Page 2 of 3 inconsistencies with the General Plan or any specific plans. The amendments include minor revisions for internal consistency within the Zoning Ordinance. 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. October 1, 2013 City Council Staff Report, with attachments 2. Draft Ordinance approving 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). Page 3 of 3 or 19 82 /ii � 111 DATE: October 1, 2013 STAFF REPORT CITY COUNCIL CITY CLERK File #450 -20 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo City Manager""' " SUBJECT: PUBLIC HEARING: 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); the creation of Chapter 8.82 (Day Care Centers); and, amendments to the fee schedule (Resolution 49 -06) for the processing of Day Care Center applications as a Zoning Clearance (PLPA- 2012 - 00037) Prepared by Mamie R. 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. FINANCIAL IMPACT: The proposed Zoning Ordinance Amendments would require amendments to the fee schedule to establish a fee for a Day Care Center Zoning Clearance and remove the current fee for a Day Care Center Conditional Use Permit. RECOMMENDATION: Staff recommends that the City Council conduct the public hearing, and deliberate, waive the reading and introduce an Ordinance approving 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 Page 1 of 14 ITEM NO. 6.2 Clearance) and the creation of Chapter 8.82 (Day Care Centers); and adopt Resolution amending Resolution 49 -06 to revise the adopted fee schedule and add a fee for a Day Care Center Zoning Clearance and remove the current fee for a Day Care Center Conditional Use Permit. Submitted By Director of Community Development DESCRIPTION: Background Reviewed By Assistant City Manager 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 Page 2 of 14 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 strokethro Leh and the new text shown in underline): Day Care Center (use type). The term Day Care Center shall mean any Eh+ld 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. other than a Large Family fled Care Herne or a Small Family fled Care Herne (flay care centers aGGOFnm date 15 or mere nhildren\ 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 strikethro gh 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+ - CIPC CIPC CIPC CIPC CIPC CIPC CIPC CIPC CIPC CIPC Ghi1dren erp sons) (see Chapter 8.82) ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP Chapter 8.76 (Off- Street Parking and Loading Regulations) Page 3 of 14 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 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. Page 4 of 14 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:OOpm 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:OOpm Monday through Friday. Additionally, the Day Care Center would 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:OOpm 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 Page 5 of 14 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 strokethro u ivh 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 La ;dsGape ModifiGations 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 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). Page 6 of 14 Fee Schedule Modifications Because the proposed entitlement process for a Day Care Center includes a new application process, the current Fee Schedule would need to be amended to include an application fee for a Day Care Center Zoning Clearance. With prescribed development standards, the review and approval process for a Zoning Clearance would be streamlined and the amount of Staff time spent processing the application would be reduced. Staff is recommending that the application fee be set at $250 consistent with the application fee for an Indoor Recreational Facility Zoning Clearance. An Applicant who does not meet the prescribed development standards for a Day Care Center Zoning Clearance could apply for a Minor Use Permit. The current application fee for a Minor Use Permit is $600; Staff is not recommending any changes to this application fee. A Resolution amending the City's Fee Schedule to establish a fee for a Day Care Center Zoning Clearance and remove the current fee for a Day Care Center Conditional Use Permit is included as Attachment 5. 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 6). 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 improvement 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 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 Page 7 of 14 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(s) 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 reauired aarkina. 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 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. Page 8 of 14 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 one -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. 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 Page 9 of 14 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 strokethro u ivh 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 GlearanGe 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 7) 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 Page 10 of 14 Services /Clinics would read as follows (with the deleted text shown in strikethro uivh and the new text shown in underline): COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Health Services /Clinics 1 per 450 250 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 strikethro unh 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. measured from the abetter fnn�n�to the of the wall and are nn�o�ired to obtain a nradia T. �"I 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 existina alass 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.H (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 strikethro uivh and the new text shown in underline): Agricultural Accessory Structures. All agriGUlture agricultural accessory structures. Page 11 of 14 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 8.104.040.13.1 (Exception to Accessory Structure Requirements) would read as follows (with the deleted text shown in strikethro uivh 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, GGessory Stri eS. 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). PLANNING COMMISSION RECOMMENDATION: The proposed amendments were presented to the Planning Commission on September 10, 2013. The Planning Commission adopted Resolution 13 -27 recommending that the City Council approve 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) (Attachment 8). Page 12 of 14 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 (Attachment 9) 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. 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 8.82 (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. City Council Resolution amending Resolution 49 -06 to revise the adopted fee schedule and add a fee for a Day Care Center Zoning Clearance and remove the current fee for a Day Care Center Conditional Use Permit 6. Chapter 7.98 (Solid Waste and Recycling Enclosure Standards) 7. Community Development Director Determination regarding the parking standard for Health Services /Clinics 8. Planning Commission Resolution 13 -27 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). Page 13 of 14 9. Ordinance approving 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) Page 14 of 14 or 19 82 /ii � 111 DATE: TO: STAFF REPORT CITY COUNCIL July 17, 2012 Honorable Mayor and City Councilmembers FROM: Joni Pattillo City Manager""' " SUBJECT: Informational Report on the City's Noise Regulations Prepared by Mamie R. Delgado, Senior Planner EXECUTIVE SUMMARY: CITY CLERK File # 530 -35 At the June 19, 2012 City Council meeting, Staff was directed to prepare a report on the City's noise regulations as they relate to the operation of day care facilities and the reuse of school sites. This report outlines the City's current noise regulations and provides options for the City Council's consideration. FINANCIAL IMPACT: None at this time. Depending on which option the City Council selects, a future budget adjustment may be required. RECOMMENDATION: Staff recommends that the City Council receive the Staff presentation; and provide direction. Submitted By Director of Community Development DESCRIPTION: Reviewed By Assistant City Manager 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, which includes the reuse of school sites for the operation of private day care facilities. This report summarizes the City's noise regulations contained in the Dublin General Plan, Title 8 of the Dublin Municipal Code (Zoning Ordinance) and Title 5 of the Dublin Municipal Code (Public Welfare) and includes options for amending these regulations to address to reuse of school sites for private day care facilities. City of Dublin Noise Regulations Dublin General Plan Page 1 of 6 ITEM NO. 8.2 One of the seven State mandated Elements of a General Plan is a Noise Element (Attachment 1). The Dublin General Plan Noise Element sets forth acceptable and unacceptable levels of noise exposure for a variety of land uses including residential. A noise exposure level of 60 decibels or less is considered normally acceptable for residential areas. The Noise Element identifies traffic as the primary source of continuous noise in Dublin and includes implementing policies that facilitate mitigating noise impacts. Title 8 of the Dublin Municipal Code (Zoning Ordinance) The Dublin Zoning Ordinance sets forth the types of uses that are permitted, conditionally permitted and prohibited in residentially zoned areas. Uses that are permitted generally have little to no impact on surrounding uses; uses that are conditionally permitted generally have the potential to create an adverse impact to surrounding uses but conditions of approval may mitigate those impacts and make the use acceptable. Day Care Centers (including preschools) are conditionally permitted uses that are allowed with approval of a Conditional Use Permit by the Planning Commission in all residential, commercial and industrial zoning districts. Day Care Centers are not permitted in the agricultural zoning district. In order for the Planning Commission to approve a conditionally permitted use, it must make certain findings regarding compatibility, health and safety, suitability, and compliance with the General Plan, among other things (Attachment 2). The Planning Commission must also make an environmental determination that the proposed project is either exempt from the California Environmental Quality Act (CEQA) or adopt an environmental document. In determining the level of environmental review appropriate for a proposed project, all potential impacts must be identified and analyzed to determine their significance. This is done through specialized studies such as noise studies, traffic and /or parking studies, etc. If a study reveals significant impacts, those impacts must be disclosed and, to the extent feasible, mitigated to an acceptable level. The thresholds for what is deemed acceptable vary depending on the type of study being conducted. For noise studies, the thresholds of acceptable noise exposure levels are contained in the Dublin General Plan Noise Element (see Attachment 1). Title 5 of the Dublin Municipal Code Chapter 5.28 of Title 5 of the Dublin Municipal Code is the City's Noise Ordinance which prohibits unreasonable noise (Attachment 3). Chapter 5.28 establishes general standards for determining whether noise is unreasonable. When the City receives a complaint regarding noise, Chapter 5.28 is utilized to determine whether the noise is unreasonable and thus a violation of the Dublin Municipal Code. If a complaint is received against a business that is conditionally permitted, the business's Conditional Use Permit or Minor Use Permit would also be reviewed to determine whether the business is operating in accordance with their permit including any conditions of approval. Day Care Centers (including Preschools) Day Care Centers are defined by the Dublin Zoning Ordinance as any child day care facility that accommodates 15 or more children. As noted above, Day Care Centers are conditionally permitted in all residential, commercial and industrial zoning districts with approval of a Conditional Use Permit by the Planning Commission. The two most common concerns expressed by Dublin residents regarding Day Care Centers are traffic and noise. The size, Page 2 of 6 location and operating characteristics of a day care center are evaluated in determining whether a traffic study is appropriate. For noise studies, the proximity of the day care center to residential uses is the determining factor. Day care centers which abut residential uses are subject to a noise study to determine whether the noise associated with outdoor play, when combined with the existing noise environment, will exceed the normally acceptable noise exposure thresholds in the Dublin General Plan. Over the past 5 years, five Day Care Centers have been approved and an additional three Day Care Centers are currently in Planning Review. Of the five Day Care Centers which were approved, three included noise studies at an average cost of approximately $4,000. After adding the City's overhead, the average cost to an applicant for a noise study to be prepared is approximately $7,400. The two remaining Day Care Centers did not include project specific noise studies; in reviewing prior environmental documents for each location, it was determined that noise impacts had been adequately analyzed and the Day Care Centers, as proposed, would not create a significant impact beyond what was previously analyzed. At the City Council's direction, Staff has prepared the following options for consideration. Oations for Consideration 1. Amend the General Plan to establish noise policies regarding the reuse of school sites with day care facilities. 2. Amend the Noise Ordinance to address noise generated by day care centers. 3. Amend the Zoning Ordinance to establish a ministerial process for the review and approval of day care centers if they can meet established development standards. 4. Continue with the current entitlement process for Day Care Centers. Option 1 The Dublin General Plan Noise Element could be amended to include policies regarding the reuse of school sites with day care facilities. Staff is currently working on an update to the General Plan to reflect changes that have occurred in the community, most notably since the adoption of the Eastern Dublin Specific Plan. The General Plan update was not intended to revisit and revise policy direction but rather to refresh and reformat the General Plan to make it more relevant, readable and user friendly. However, as part of the General Plan update effort, the City Council could direct Staff to look at noise policies for the reuse of school sites with day care facilities. The costs associated with this option would include Staff time and City Attorney time in preparing the General Plan Amendment. Staff estimates spending approximately 80 hours on the project and the City Attorney estimates spending 22 hours for a total cost of approximately $15,000. Additionally, Staff would need to retain the services of a noise consultant to prepare draft policies and a technical noise analysis including an assessment of environmental impacts. The consultants cost to accomplish this task is estimated to be $7,600. The costs associated with the environmental review are assumed to be included in the current budget for the entire General Plan update project. A budget adjustment for the General Plan update project in the amount of $22,600 would be required to accomplish this Option. Additional Staff time to complete the General Plan update would also need to be allocated. It is estimated that this Page 3 of 6 Option would take 8 weeks to complete. Currently, the General Plan update, including the new Economic Development Element, is planned to go to public hearing for adoption in February 2013; this Option would extend the completion of the project by approximately 2 months, delaying the adoption hearings to April 2013. Option 2 Chapter 5.28 (Noise) of the Dublin Municipal Code could be amended to address noise generated by private day care facilities. Currently the Noise Ordinance does not address specific sources of noise but rather establishes general regulations for when noise generated is detrimental and unreasonable. The City Council could direct Staff to look at amending the Noise Ordinance to address noise generated by Day Care Centers and exempt them as a source of noise that could be considered detrimental and unreasonable. As such, Staff would not evaluate potential noise impacts related to Day Care Centers when reviewing applications for a Conditional Use Permit. This option could apply to the reuse of school sites or City -wide. The costs associated with this option would include Staff time and City Attorney time in preparing the Municipal Code Amendment. Staff estimates spending 100 hours on the project and the City Attorney estimates spending 22 hours for a total cost of approximately $17,600. Additionally, Staff would need to retain the services of a noise consultant to prepare a technical noise analysis including an assessment of environmental impacts. The consultants cost to accomplish this task is estimated to be $7,600. Staff would also need to retain the services of an environmental consultant to prepare the required California Environmental Quality Act review. The consultants cost to prepare the environmental document is estimated to be $8,000. A budget adjustment would be required for this Option in the amount of $33,200. It is estimated that this Option would take 4 -6 months to complete. Option 3 The Zoning Ordinance could be amended to establish a ministerial process for the review and approval of Day Care Centers, similar to the process for Large Family Day Cares and Indoor Recreational Facilities. Both Large Family Day Cares and Indoor Recreational Facilities used to require approval of a Conditional Use Permit. The Zoning Ordinance was amended to make both permitted uses subject to approval of a Zoning Clearance if certain development standards could be met. A similar process could be evaluated for Day Care Centers. This would require that Staff create development standards to evaluate a proposed Day Care Center. A Day Care Center that met the developments standards could be approved with a Zoning Clearance which would not require a public notice or a public hearing. A Day Care Center that did not meet the development standards could be approved through a Minor Use Permit which would require a public notice but not a public hearing or a Conditional Use Permit which would require both a public notice and a public hearing. This option could apply only to the reuse of school sites or it could apply City -wide. The costs associated with this option would include Staff time and City Attorney time in preparing the Municipal Code Amendment. Staff estimates spending 100 hours on the project and the City Attorney estimates spending 22 hours for a total cost of approximately $17,600. Additionally, Staff would need to retain the services of a noise consultant to prepare a technical noise analysis including an assessment of environmental impacts. The consultants cost to accomplish this task is estimated to be $7,600. Staff would also need to retain the services of an environmental consultant to prepare the required California Environmental Quality Act review. The consultants cost to prepare the environmental document is estimated to be $8,000. A Page 4 of 6 budget adjustment would be required for this Option in the amount of $33,200. It is estimated that this Option would take 4 -6 months to complete. Option 4 Continue processing Day Care Centers as a conditional use and perform a noise study when a Day Care Center is located adjacent to residential uses regardless of whether the Day Care Center is located on private property or property owned by the Dublin Unified School District. Next Steps Staff requests that the City Council provide direction on how to proceed. Should the City Council select one of the four options outlined in this report, Staff proposes to proceed as follows- Option 1 — Amend the General Plan Noise Element: • Solicit a scope of work, budget and timeline from a noise consultant. • Commence work on preparing draft policies. • Prepare a technical noise analysis based on draft policies. • Complete a draft technical noise analysis report. • Review report and finalize. • Incorporate into environmental document for the General Plan update project. Option 2 — Amend Chapter 5.28 (Noise) of the Dublin Municipal Code: • Solicit a scope of work, budget and timeline from a noise consultant. • Solicit a scope of work, budget and timeline from an environmental consultant. • Commence work on preparing draft amendments. • Prepare a technical noise analysis based on draft amendments. • Complete a draft technical noise analysis report. • Review report and finalize. • Prepare environmental document. • Public review of environmental document. • Planning Commission hearing. • Two City Council hearings. Option 3 — Amend Title 8 of the Municipal Code (Zoning Ordinance): • Solicit a scope of work, budget and timeline from a noise consultant. • Solicit a scope of work, budget and timeline from an environmental consultant. • Commence work on preparing draft amendments. • Prepare a technical noise analysis based on draft amendments. • Complete a draft technical noise analysis report. • Review report and finalize. • Prepare environmental document. • Public review of environmental document. • Planning Commission hearing. • Two City Council hearings. Option 4 — Continue with the current entitlement process for Day Care Centers. Page 5 of 6 NOTICING REQUIREMENTS /PUBLIC OUTREACH: This is an informational report to the City Council at their request. No action will be taken to amend or adopt any policy, ordinance or regulation. As such, a public hearing is not required and therefore a public notice is not required. ATTACHMENTS: 1. Dublin General Plan Noise Element 2. Chapter 8.100 (Conditional Use Permit) 3. Chapter 5.28 (Noise) Page 6 of 6 EnvironmentalKesources Management Noise Liement Government Code sec, 65302(f) outlines statutory requirements for noise elements. Recognizing the State Office of Noise Control (ONC) guidelines, noise elements must quantil'y current and projected noise levels for local noise sources. Among the noise sources to be evaluated are highways, freeways, arterials and major streets, railroads and rapid transit systems, airports and heliports, industrial plants, and any other local sources, Traffic noise and potential light rail noise are the only major noise sources in Dublin's planning area. The focus of this noise element, therefore, is the effect of traffic and transit noise on locating categories of land use and developing projects within those categories. Information supporting the adopted noise policies is located in the corresponding Noise Element section of the Technical Supplement. The planning area contains no railroads, airports, heliports or industrial plants. Since these noise sources are not a factor in Dublin's planning, they are not addressed. Traffic is the primary source of continuous noise in Dublin. Noise exposure contours have been plotted for 1983 (based on noise measurements and current traffic data) and projected to 2005 based on traffic volume increases (see Figures 9 -1 and 9 -2), The Community Noise Equivalent Level (CNEL) described 24 -hour average noise levels measured in decibels (dB) taking account of the increased sensitivity of people to noise during evening and nighttime hours. Sound levels between 7:00 and 10:00 p.m: are penalized 5 dB and those between 10:00 p.m. and 7:00 a.m. are penalized 10 dB. The dB scale is logarithmic, a 3 dB difference normally is discernable and a 10 dB increase is subjectively heard as a doubling in loudness. The other potential significant noise source is the two proposed BART stations. Based on best available information (as of January 1992) one station will be located in downtown Dublin, near existing commercial development. The other station will be located on Alameda County property, west of the Hacienda interchange. Noise impacts from these two stations were addressed in the "Draft Environmental Impact Report Dublin I Pleasanton Extension Project," September 1989. This document was certified on February 8, 1990. A copy of this document is available from the City Public Works Department. No areas near the Dublin stations were identified where noise or vibration would exceed acceptable standards. The Land Use Compatibility Table provides the basis for decisions on location of land uses in relation to noise sources, and for determining noise mitigation needs. For noise issues in the Western and Eastern Dublin Extended Planning Areas, refer to the individual specific plan and environmental documents being prepared for.these areas. These documents are expected to be completed and adopted in 1992. Guiding Policy A. Where feasible, mitigate traffic noise to levels indicated by Table 91: Land Use Compatibility for Community Noise Environments. Implementing Policies B. Request Caltrans to provide noise walls at least seven feet high along both sides of 1 -680 between Amador Valley Boulevard and the Alcosta interchange when additional freeway lanes are constructed. Page a-1 Future noise, if not mitigated, will subject about 2,700 residents to levels exceeding 65 CNEL. The noise wall would reduce noise by 10 dB, making this the most cost- effective noise reduction project in Dublin. Actual wall height would be determined during project design. C. Encourage homeowners west of San Ramon Road who are affected by 1 -580 noise to construct noise barriers on their proporties where these would be effective and require such barriers for new development. This policy also applies to sites adjoining the west side of San Ramon Road at higher elevations. Where the noise source is below the receptors, only barriers near the receptor will be effective. About 5 dB noise reduction could be achieved, D. Support unified action by residential owners on the east side of San Ramon Road and along Village Parkway to install, repair, or extend noise barriers. Much of this frontage was developed before effective noise barriers were required as a condition of subdivision approval. Because construction for a single lot is costly, relatively ineffective, and potentially unattractive, the City should assist in the formation of assessment districts or otherwise promote group action where there is consensus that a problem exists. E. Design Dougherty Road improvements and adjoining residential development for compliance with noise standards. This corridor offers the opportunity to do it right the first time without continuous walls. Berms, open space, garages near the road, and noise - conscious site planning can be used. F. Noise impacts related to all new development shall be analyzed by a certified acoustic consultant. G. Request demonstration of ability to mitigate noise prior to approval of light rail or bus service in the Southern Pacific Right -of -Way Transportation Corridor. A depressed rail line or noise walls close to the tracks could make light rail a good neighbor. H. Review all multi - family development proposals within the projected 60 CNEL contour for compliance with noise standards (45 CNEL in any habitable room) as required by State law. Because the General Plan designates almost all residential sites subject to 60 or greater CNEL. for multifamily development, this standard will be effective in Dublin, Project designers may use one or more of four available categories of mitigation measures: site planning, architectural layout (bedrooms away from noise source, for example), noise barriers, or construction modifications. Page 9 -2 TABLE 9.1 LAND USE COMPATIBILITY FOR COMMUNITY NOISE ENVIRONMENTS COMMUNITY NOISE EXPOSURE (dB) Land Use Category Normally Conditionally Normally Clearly Acceptable Acceptable Unacceptable Unacceptable (Noise Insulation) Features Required Residential 60 or less 60-70 70-75 Over 75 Motels, hotels 60 or less 60-70 70-80 Over 80 Schools, churches, nursing 60-70 70-80 Over 80 homes 60 or less Neighborhood parks 60 or less 60-66 65-70 Over 70 Offices: retail commercial 70 or less 70-75 75-80 Over 80 Industrial 70 or less 70-75 Over 75 Conditionally acceptable exposure requires noise insulation features in building design. Conventional construction, but with closed windows and fresh air supply systems or air conditioning will normally suffice. Source, California Office of Noise Control, 1976, as modified by Charles M. Salter Associates, Inc. Page 9 -3 V Figure 9-1 tA c B, ZZ: 4; C6 10 C6 Cj OM, C, b cr) wj 8 , P IT It P", ts I N 1 ol rn L j � 1 � t r l ! S � 1/ d c .. v U O N N Q N U) V1 i V U v 3 D aj Figure 9 -Z Q 6 M Q i fl O f �3 G? O Q x w 'o Z CD U N Q CL LO O Q N Chapter 8.100 CONDITIONAL USE PERMIT Chapter 8.100 CONDITIONAL USE PERMIT 8.100.010 Purpose. The purpose of this Chapter is to establish a procedure for conditionally approving or denying land uses, including related structures, that are not clearly permitted or prohibited because of their unique nature. Such uses and related structures would only be approved if their effect on the surrounding environment can be made acceptable through the application of conditions of approval. 8.100.020 Uses Requiring a Conditional Use Permit. The uses and related structures requiring a Conditional Use Permit shall be limited to those in Chapter 8.12, Zoning Districts And Allowable Uses Of Land, for each zoning district, and elsewhere in this Ordinance. 8.100.030 Application. The Applicant shall submit a complete application pursuant to Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee and/or deposit and such materials as are required by the Director of Community Development. 8.100.040 Notice and Hearings. Conditional Use Permit applications shall be considered at a public hearing with notice pursuant to Chapter 8.132, Notice and Hearings. 8.100.050 Concurrent Consideration. When a Conditional Use Permit is required for a project which is also subject to a Zoning Ordinance Amendment, Specific Plan, Specific Plan Amendment, or General Plan Amendment, it shall be approved, conditionally approved, or denied by the same decision -maker or body for those actions. 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 Chapter 8.100 CONDITIONAL USE PERMIT 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 8.100.070 Action. The decision- makers for Conditional Use Permits shall be the Zoning Administrator or the Planning Commission, as specified in the Land Use Matrix in Chapter 8.12, Zoning Districts And Permitted Uses Of Land. The Planning Commission or the Zoning Administrator shall hold a public hearing, and after the public hearing is closed may, based on evidence in the public record, and the findings above, approve, conditionally approve, or deny a Conditional Use Permit by resolution. 8.100.080 Amendments. A. Minor Amendment. The Community Development Director or his/her designee shall determine that a minor amendment to a Conditional Use Permit is in substantial conformance with the Conditional Use Permit if it is a minor project as described below, is Categorically Exempt from the California Environmental Quality Act, and is consistent with the conditions of approval for the permit. It is not the intent of this Chapter that a series of Minor Amendments be used to circumvent the need for a new Conditional Use Permit. A minor project shall include any of the following: 1. The cumulative physical expansion of any structure approved in the original Conditional Use Permit by no more than 1,000 square feet. 2. The expansion or intensification of use by no more than 10% of the original use. 3. Relocation of a use within the same property or structure. 4. A maximum 25% increase or decrease in hours of operation. B. Other Amendments. The process for amending a Conditional Use Permit shall be the same as the process for approving a Conditional Use Permit except that the decision -maker for such Conditional Use Permit shall be the same decision -maker that ultimately approved the Conditional Use Permit including any approval on appeal, or by referral. 8.100.090 Building Permits. Building Permits shall not be issued except in accordance with the terms and conditions of the Conditional Use Permit approval. 8.100.100 Procedures. The procedures set forth in Chapter 8.98, Permit Procedures, shall apply except as otherwise provided in this Chapter. Print Preview Chapter 5.28 NOISE Sections: 5.28.010 Findings. 5.28.020 Unreasonable noise prohibited. 5.28.030 Violation — Penalty. Page 1 of 1 5.28.010 Findings. The City Council finds that the making, creation or maintenance of loud, unnecessary, unnatural, unusual or habitual noises which are prolonged, unusual, and unnatural in their time, place and use affect and are a detriment to the public health, comfort, safety, welfare, and prosperity of the residents of the city. The provisions of this chapter are enacted for the purpose of securing and promoting the public health, comfort, safety, welfare, and prosperity and the peace and quiet of the city and its inhabitants. (Ord. 4 -84 § 1) 5.28.020 Unreasonable noise prohibited. A. It is unlawful and a nuisance for any person within the city persistently to maintain, emit, cause, mechanically or otherwise, or permit any animal owned by him or in his possession or control to make any loud, or disturbing, or unnecessary, or unusual or habitual noise or any noise which annoys or disturbs or injures or endangers the health, repose, peace or safety of any reasonable person of normal sensitivity present in the area. B. The standards which shall be considered in determining whether a violation of the provisions of this chapter exists shall include, but shall not be limited to the following: The level, intensity, character and duration of the noise; 2. The level, intensity and character of background noise, if any; 3. The time when and the place and zoning district where the noise occurred; 4. The proximity of the noise to residential sleeping facilities; and 5. Whether the noise is recurrent, intermittent or constant. (Ord. 4 -84 § 2) 5.28.030 Violation — Penalty. Each violation of this chapter shall constitute a separate offense, and persons violating this chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not to exceed five hundred dollars ($500) or by imprisonment in the county jail for a period not exceeding thirty (30) days, or both such fine and. imprisonment. (Ord. 4 -84 § 3) http: / /vAw.codepublishing. corn /ca/Dublin/egi/N4enuCompile.pl 6/27/2012 DAY CARE CENTERS Chapter 8.82 CHAPTER 8.82 DAY CARE CENTERS 8.82.010 Purpose. The purpose of this Chapter is to establish regulations for the location and operation of Day Care Centers. 8.82.020 Intent. The intent of this Chapter is to: A. Establish a ministerial process for the review and approval of Day Care Centers. B. Establish development standards and regulations for the location and operation of Day Care Centers within the City. C. Reduce the potential for noise impacts from Day Care Centers when located adjacent to a residential land use. 8.82.030 Permitting Procedure. A. A Day Care Center that meets the Development Standards and Regulations contained in this Chapter shall be subject to approval of a Zoning Clearance by the Community Development Director and shall be processed in accordance with Chapter 8.116 (Zoning Clearance). B. A Day Care Center that does not meet the Development Standards and Regulations contained in this Chapter shall be subject to approval of a Minor Use Permit and shall be processed in accordance with Chapter 8.102 (Minor Use Permit). 8.82.040 Development Standards and Regulations. An application for a Zoning Clearance to establish a Day Care Center shall comply with the following development standards and regulations: A. Permitted in all Zoning Districts except A (Agricultural) and comparable PD (Planned Development) Zoning Districts. A Day Care Center may be established in all Zoning Districts with the exception of the A (Agricultural) Zoning District and comparable PD (Planned Development) Zoning Districts with similar agricultural uses. A Day Care Center may be established in other PD (Planned Development) Zoning Districts if not specifically prohibited by the PD regulations and if the project site does not have a Rural Residenti al /Agri cultural or Open Space General Plan Land Use designation. Any PD regulations which require a Conditional Use Permit for Day Care Centers shall be superseded by this Chapter and shall be subject to the requirements of this Chapter. City of Dublin Zoning Ordinance 82 -1 September 2013 DAY CARE CENTERS Chapter 8.82 B. Parking. The Day Care Center shall provide the amount of parking required in Section 8.76.080 (Parking Requirements by Use Type) of the Off - Street Parking and Loading Regulations. C. Drop- Off /Pick -Up. A Day Care Center that provides care for non - school aged children shall have staggered drop -off and pick -up of children across a minimum 1 -hour time period. D. Hours of Operation. Hours of operation for a Day Care Center shall be limited to between 6:00 a.m. and 9:00 p.m. Monday through Friday. E. Outdoor Play Activity Hours. Outdoor play activities involving children associated with a Day Care Center that is located on a parcel of land that either shares a property line with a residential use or borders a vacant parcel that shares a property line with a residential use shall be limited to between 9:00 a.m. and 6:00 p.m. Monday through Friday. Outdoor play activities involving children associated with a Day Care Center that does not share a property line with a residential use or border a vacant parcel that shares a property line with a residential use shall be limited to between 8:00 a.m. and 7:00 p.m. Monday through Friday. F. Outdoor Play Area. 1. Site Development Review Required. Modifications to existing outdoor play area(s) or the establishment of new outdoor play area(s) for use by children associated with a Day Care Center shall be subject to Chapter 8.104 (Site Development Review). 2. Day Care Center Adjacent to Residential Land Use. A Day Care Center that is located on a parcel of land that shares a property line with a residential land use or borders a vacant parcel that shares a property line with a residential land use and proposes to use an existing outdoor play area(s) or establish a new outdoor play area(s) shall be limited in the amount of outdoor play as set forth in Table 1, Number of Children -Hours per Day within an Outdoor Play Area and section 8.82.050. 3. Day Care Center Across from a Residential Land Use. A Day Care Center that proposes to use an existing outdoor play area(s) or establish a new outdoor play area(s) and is not adjacent to a residential land use as defined above in 8.82.040.F.2 but is located along a residential street or residential collector street (as defined in the Dublin General Plan) that has residential land uses shall be reviewed by the Community Development Director to determine whether a Zoning Clearance or Minor Use Permit shall be required. City of Dublin Zoning Ordinance 82 -2 September 2013 DAY CARE CENTERS Chapter 8.82 Table 1. Number of Children -Hours Der Dav within an Outdoor Plav Area Distance from Center of Play Area to Residential Property Line (Distance "A ") 1181 ftl! Max. Number of Children -Hours per Day 0 -9 feet 0 0 0 10 -14 feet 2 5 8 15 -19 feet 4 12 18 20 -24 feet 7 20 33 25 -29 feet 10 35 50 30 -39 feet 16 50 75 40 -49 feet 28 90 130 50 -59 feet 45 140 200 60 -74 feet 60 200 300 75 -99 feet 100 300 450 100+ feet 180 500 800 Note: A distance that results in a fraction of 0.5 or greater shall be rounded up to the nearest whole foot. G. Noise/Nuisance. All outdoor activities involving children shall occur within a designated Outdoor Play Area(s) and shall be monitored and controlled so as not to create unusual or unnecessary noise that may disturb or annoy persons living or working in the vicinity. H. Signs. All signs associated with a Day Care Center shall conform to Chapter 8.84 (Sign Regulations). L State of California Licensing. Any Day Care Center that is required to obtain a license from the State of California to operate shall submit a copy to the Community Development Department prior to establishment of the Day Care Center and shall keep said license current and valid throughout the life of the Day Care Center. If a Day Care Center is exempt from licensing by the State of California as a child care center because they are registered as a Heritage School, proof of registration shall be submitted to the Community Development Department prior to the establishment of the Day Care Center and shall be kept current and valid throughout the life of the Day Care Center. City of Dublin Zoning Ordinance 82 -3 September 2013 DAY CARE CENTERS Chapter 8.82 J. Business License. The operator of the Day Care Center shall obtain a City of Dublin Business License prior to establishing the Day Care Center. The Business License shall remain current and valid throughout the life of the Day Care Center. K. Compliance with Local Ordinances. The operator of the Day Care Center shall comply with all applicable City of Dublin Ordinances including, but not limited to, Chapter 5.56 (Smoking Pollution Control); Chapter 5.64 (Property Maintenance); and, Chapter 7.32 (Building Security). 8.82.050 Determining the Number of Children -Hours per Day within an Outdoor Play Area. A. Procedures. In order to determine the allowable "Maximum Number of Children -Hours per Day" as set forth in Table 1 (refer to Section 8.82.040.F) the following procedures shall apply: 1. Identify the location of the outdoor play area on the Applicant's Site Plan and determine the center of the play area (refer to Section 8.82.050.B). 2. Measure the distance from the center of the play area to the nearest residential property line (refer to Section 8.82.050.C). Mark the location on the nearest residential property line as the "Ambient Noise Level Measurement Location" or "ANLML ". 3. Measure the distance from the ANLML to the edge of the nearest freeway (refer to Section 8.82.050.D) and nearby roadways (refer to Section 8.82.050.E). Based on the measured distances and visibility of the nearest freeway and nearby roadways, determine the Ambient Noise Level (Quieter, Moderate or Noisier) at the ANLML (refer to Section 8.82.050.17). 4. Locate the applicable Distance "A" in Table 1 and the applicable Ambient Noise Level (Quieter, Moderate or Noisier). Where the row and column intersect is the maximum number of children -hours per day allowed (refer to Section 8.82.050.G). 5. Calculate the Applicant's proposed number of children -hours per day (refer to Section 8.82.050.H). Compare this number with the maximum number of children - hours per day allowed from Table 1 (refer to Section 8.82.050.A.4). If the Applicant's number is less than the number obtained from Table 1, the project meets the required development standard. If the Applicant's number is more than the number obtained from Table 1, the Applicant may choose to reduce their number of children -hours or apply for a Minor Use Permit. City of Dublin Zoning Ordinance 82 -4 September 2013 DAY CARE CENTERS Chapter 8.82 B. Determining the Center of the Play Area. The center of the play area is determined by drawing two diagonal lines from opposite corners of the play area. The center of the play area is the location where the two lines intersect. Any portion of a play area that is blocked from the nearest residential property line by a building shall be disregarded when determining the center of the play area. Refer to Section 8.82.060, Figure 1. C. Determining the Distance from the Center of the Play Area to a Residential Property Line (Distance "A "). Distance "A" shall be measured as the shortest, straight -line distance between the center of the play area to the nearest residential property line. The location on the nearest residential property line shall be the "Ambient Noise Level Measurement Location" or "ANLML ". Refer to Section 8.82.060, Figure 1. D. Determining the Distance from the Ambient Noise Level Measurement Location (ANLML) to the Nearest Freeway (Distance "X "). Distance "X" shall be measured as the shortest, straight -line distance from the ANLML to the edge of the traveled way of the nearest freeway. Refer to Section 8.82.060, Figures 2 and 3. E. Determining the Distance from the Ambient Noise Level Measurement Location (ANLML) to the Nearest Roadway(s) (Distance "Y "). Distance "Y" shall be measured as the shortest, straight -line distance from the ANLML to the edge of the traveled way of the nearest Arterial or Class I Collector, as defined in the Dublin General Plan. Refer to Section 8.82.060, Figures 2 and 3. F. Determining the Ambient Noise Level. The existing noise environment is defined by one of three Ambient Noise Level categories: Quieter, Moderate and Noisier. Each category describes the existing noise environment based on the proximity and visibility of freeways and /or roadways to the "Ambient Noise Level Measurement Location" (refer to 8.82.050.C). The following describes the characteristics of each Ambient Noise Level category: 1. Quieter Noise Environment. A "Quieter" noise environment is when the "Ambient Noise Level Measurement Location" meets all of the following criteria: 1) is at least 500 -feet from the edge of the traveled way of a freeway; 2) is at least 200 -feet from the edge of the traveled way of an Arterial or Class I Collector (as defined in the Dublin General Plan); and, 3) the line -of -sight to all freeways and roadways (except Residential and Residential Collector streets, as defined in the General Plan) is blocked by buildings and /or terrain (not including vegetation). Refer to Section 8.82.060, Figure 2. 2. Moderate Noise Environment. A location shall be considered a "Moderate" noise environment if it does not meet the criteria for a "Quieter" noise environment or a "Noisier" noise environment. 3. Noisier Noise Environment. A "Noisier" noise environment is when the "Ambient Noise Level Measurement Location" meets the following criteria: 1) is City of Dublin Zoning Ordinance 82 -5 September 2013 DAY CARE CENTERS Chapter 8.82 within 150 -feet of the edge of the traveled way of a freeway or within 75 -feet of the traveled way of an Arterial or Class I Collector (as defined in the Dublin General Plan); and, 2) there is at least a partial line -of -sight to the freeway, Arterial or Class I Collector street. Refer to Section 8.82.060, Figure 3. G. Determining the Maximum Number of Children -Hours per Day Allowed. The maximum number of children -hours per day allowed within the outdoor play area is set forth in Table 1 and shall be determined based on the distance between the center of the play area and the closest residential property line (Distance "A ") and the Ambient Noise Level (Quieter, Moderate or Noisier). H. Calculating the Applicant's Number of Children -Hours per Day. The Applicant's Number of Children -Hours per Day shall be calculated by multiplying the number of children in the outdoor play area at any given time by the number of outdoor play periods per day by the duration of the outdoor play period(s). For example, if 30 children use the outdoor play area 4 times a day for 45- minutes each time then the total "children -hours per day" is calculated as follows: 30 children x 4 play times x .75 (45 minutes equals .75 of 1 hour) = 90 Children -Hours per day. If the number of children and /or the duration of play varies throughout the day then each play period shall be calculated individually and summed for the total Children -Hours per day. 8.82.060 Figures City of Dublin Zoning Ordinance 82 -6 September 2013 DAY CARE CENTERS Chapter 8.82 Figure 1. P h- f� M w NOT TO SCALE Lamm ANLML - - - -- AMBIENT NOISE LEVEL MEASUREMENT LOCATION * {CP} CENTER POWT OF PLAT AREA DISTANCE '; ...... FROM CENTER POINT OF PLAY AREA TO RESIDEN77AL PROPERTY LINE PROPERTY LINE y Note: Adjacent street types are shown as examples to illustrate the development standards contained in the text of this Chapter and do not represent a requirement that Day Care Centers be located along Arterial or Class I Collector Streets or be adjacent to Residential Collector Streets. City of Dublin Zoning Ordinance 82 -7 September 2013 Figure 2. CffY OF DUBLIN DAY CARE CENTERS Chapter 8.82 PLAY AREA DISTANCE "Y" � 200 DA E IJ 1' C EN TER wJ .. -ANLML LPFPE Cf 'SdGFi i ..,.,. TO FREEWAY AND AR7EMAL BLOCKED k{ `.. RESITRENR7AL BUILDING 1 U ND ANLML ..... AMBIENT NORSE LEVEL MEASUREMENT LOCATION 0 (CL") DISTANCE "X" DISTANCE "Y" NOT TO SCALE CENTER POINT OF PLAY AREA FROM ANLML TO NEAREST FREEWAY FROM ANLML TO NEAREST ARTERIAL OR CLASS I COLLECTOR LINE OF SIGHT TO NEAREST FREEWAY AND NEAREST ARTERIAL OR CLASS R COLLECTOR BLOCKED Note: Adjacent street types are shown as examples to illustrate the development standards contained in the text of this Chapter and do not represent a requirement that Day Care Centers be located along Arterial or Class I Collector Streets or be adjacent to Residential Collector Streets. City of Dublin Zoning Ordinance 82 -8 September 2013 DAY CARE CENTERS Chapter 8.82 e3. ANLML AMBIENT NOISE LEVEL MEASUREMENT LOCATION 0 (CP) ..... CENTER POINT OF PLAY AREA OfSTANCE Y' FROM ANLML TO NEAREST FREEWAY D)STANCE "Y . ..... FROM ANLML TO NEAREST ARTERIAL OR CLASS I COLLECTOR X -- LINE OF SRGH'T FROM ANLML NOT TO, SCALE Note: Adjacent street types are shown as examples to illustrate the development standards contained in the text of this Chapter and do not represent a requirement that Day Care Centers be located along Arterial or Class I Collector Streets or be adjacent to Residential Collector Streets. City of Dublin Zoning Ordinance 82-9 September 2013 DEFINTIONS Chapter 8.08 8.08.010 Purpose and Intent. The purpose and intent of this chapter is to provide definitions of the terms and phrases used in this Title that are technical or specialized, or that may not reflect common usage. Section 8.04.060, Interpretation, determines how language used throughout the Title is interpreted and sets forth general rules of construction that apply to the textual provisions of this Title. Where any of the definitions in this Chapter may conflict with definitions in the other chapters of the Dublin Municipal Code, these definitions prevail for the purposes of this Title. 8.08.020 Definitions (A -Z) Day Care Center (use type). The term Day Care Center shall mean any els.i.:l.d day care facility vhv Bch provides �.op� -� ecl��cal care and su. e�visiom_ for 15 or more persons i1r thNdin gttil�l gtn,_�e niors a)r_pgESQIns � ith clisa -- -i— g5L fQ leis than 24 Il ours � c��.y_._A Da Care Center inc]andes. but is not linuitedto infant centers. reschools. sick - child centers before or after 5chc�ot ria ral ns fair scboot aged chi ➢d� °en with or without an educational component, adult day are facilities. and similar uses as deteranin�. the Communit,Development Director. (-ntin r tea a -6-rgd anit arforn..- `isaliii - r�...1 .,s;n f .cloin -i -m late..... -n' - -)i ; �-itdfen+ Personal Services (use type). The term Personal Services shall mean a barber shop, nail salon, beauty parlor, tattoo and body piercing, tanning salon, tutoriP 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. School - Commercial (use type). The term School - Commercial shall mean a private business, beauty, cooking, lane 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 _pjiv_at,.�L 5. ghocyl5_whic� meet the Lggp ncijLgnts of the onnpulsony 1F�hA.ca.tian haw oftbe State are addressed by the Community Facility Use Type. !:u.toring Center. 'the term 'l utonin�Center shall mean a frlace of business where a stUdent who is worh:in � towards sa.tisf in 7 the re unnemerrts of the (� "onnr� ulsor t�ducation taw of the State e civ rivale instructj(n outside of a school on° other a.cas e �u r7 n am to develop or enhance their shills in one or more educational subiects. City of Dublin Zoning Ordinance 8 -1 September 2013 ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8.12 8.12.050 Permitted and Conditionally Permitted Land Uses. The following "Land Use Matrix" lists the permitted and conditionally permitted Use Types, as defined in Chapter 8.08, Definitions, in each Zoning District, and the decision - making authority. Uses in the Downtown Dublin Zoning District are set forth in Chapter 8.30 (Downtown Dublin Zoning District) of the Zoning Ordinance. COMMERCIAL USE TYPES COMMERCIAL USE TYPE A R -1 R -2 R -M C -O C -N C -1 C -2 M -P M -1 M -2 :�c G � /P .1 C /Pl ✓�t /2 t.�44 Day Care Center (15+ - t ti t � (sg CfLa -P qr S�!Z) C/ lbw/ zC/ Z�C�/ IC / ZC�/ zC/ zC/ zC/ zC/ KEY /DECISIONMAKER AUTHORITY Permitted P Not Permitted - Zoning Clearance ZC Minor Use Permit MUP Conditional Use Permit /Zoning C /ZA Conditional Use Permit /Planning C /PC Temporary Use Permit TUP City of Dublin Zoning Ordinance 12 -1 September 2013 OFF - STREET PARKING AND LOADING REGULATIONS Chapter 8.76 8.76.050 Adjustment to the Number of Parking Spaces D. Parking Exception. Tl e— Dii:e -et Ir -_ 74 ")M�u�a � .. ..De + " Afiva a -'an - � - , .... (p/ , l v d asp ee 1� nu t.� lid.. { .w..A.. :t °1kk$4y..sh sar -(1( 4.�y .. ...truff ° °°effit " th- e C *n i s its -..0 e e -4 -o -; -t Urii :eet 1. Unusual Design Situations. The Director of Community DevelODment may grant 2. Trash Enclosures. 'hhe Director of Cormnunnit Deek mm rant a. arl r IF�xcei7t�uonu ic)r �, reda�ctlo�n inu the anaumher of re c ulred pEki_i s aces when a. ne�actiom s necessary a a result the construction ci � _ new _ s_� _ _en_cl _ a sure or - is _ the modification of al _e__�t_ng t� s� enclosure inom ______ ____________________ __ __ ______________p1jancc with-Dublin M!Mic,ipa] (_`ode Chapter 7.�) Solid /a.ste and P.ec ;elan g l enclosure Standards The Parldn ,, Exception shall be limited. to the number of rep uired arkin s aces that are lost dare to the construction of a new or modification of an exist 1:1's enclosure but in no case shall exceed 10% of the re�aAired narking. 8.76.060 Special Regulations 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 Neer -lnn fr; Site c_v_ lc� flruent Review Waiver. 8.76.080 Parking Requirements by Use Type. The number of off - street parking spaces required for the Use Types in this Chapter shall be as provided in this Section. Square footage requirements are in terms of Gross Floor Area. D. Commercial Use Types. Commercial Use Types shall provide off - street parking spaces as noted in the table below, with the exception of uses located on properties in the Village Parkway District of the Downtown Dublin Specific Plan. Uses in the Village Parkway District are not required to provide a prescribed number of parking spaces for any use that is permitted or conditionally permitted in the Downtown Dublin Zoning District. City of Dublin Zoning Ordinance 76 -1 September 2013 OFF - STREET PARKING AND LOADING REGULATIONS Chapter 8.76 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 Health Services /Clinics 1 per 444 250 square feet City of Dublin Zoning Ordinance 76 -2 September 2013 SITE DEVELOPMENT REVIEW Chapter 8.104 8.104.020 Exemptions from Site Development Review. The permit requirements of this Chapter do not apply to the following: G. Retaining Walls. Retaining walls (retaining earth only) that do not exceed four feet in height above g[ ;.� c ar0 are_exetnp from a build n& i1ji N rig cas i ., ° ... of .g...ai ai..e. got f - Eftfif -Od . 0434a -in a g i -n -"efm4- 8.104.030 Waiver. The Community Development Director or his /her designee may approve a Site Development Review Waiver to allow a minor physical change to a site or structure, with or without a previously approved Site Development Review, or minor modifications to approved Site Development Reviews, where the improvement is categorically exempt from the California Environmental Quality Act, the improvement is consistent with the purposes of this Chapter, with the General Plan and with any applicable Specific Plans and design guidelines, and as specified below. It is not the intent of this Chapter that a series of Site Development Review Waivers be used to circumvent the need for a new Site Development Review. The Community Development Director shall determine if a Site Development Review Waiver is appropriate for the review of the proposed improvement and may transfer hearing jurisdiction of the project at any time. A. Site Development Review Waiver. The following projects are subject to a Site Development Review Waiver: 1. Single - Family and Two -Famil y Residential L , ,, . fw Moffifiefttmns Iml rove m� nts. The follow* ��m���y�a�ents bra the - n or R-2 7or�irng ><= districts or compara�r�le Planned J[�eve�lor�merrt Zonin Districts with single -famil or two - family residential uses. . Single - Family Residential Landscape Modification. In a Planned Development Zoning District with residential uses, the removal of a tree which is part of the streetscape of a development or is required by the City of Dublin Zoning Ordinance 104 -1 September 2013 SITE DEVELOPMENT REVIEW Chapter 8.104 Conditions of Approval, but which is proposed to be replaced or is proposed to be replaced with a different species. 1 . Day Care Center Outdoor PI Areas. Modifications to am existirw aaa tclo areas} or the estabinshauen�t of a n ew ��a�.t�lc>or pl area for use env children associated with a Dav Cane Center. 2. Multi - family, Commercial and Industrial Improvements. The following improvements in the R -M, Commercial or Industrial Zoning Districts, or onupara 5le 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 n�nrioclified outdoor lllwdren associated. wiwth a DaY C are Center or other similar improvements as determined by the Community Development Director. h. Window Modifications. Window modifications which include new and replacement windows unless otherwise exezu ed under Minor Exterior Modifications „,,,_tcl „_ lass,,,,,, Storefronts, frosting, tinting or the addition of other materials which may obscure a window as determined by the Community Development Director. j�Ixah ]ncQosures. Modicatiora5 to.p� existupxtsh ernc�osaAre(s) or the construction of a new trash enclosures} that complies with Dublin an nn i a -ll C;a? c ha -tQ 7-98-L5, c�lt Waste and �c�°�y� ling Enclosure Staudards�. notwithstanditi an exce Lions that ma be xrarnted b the 1 ublic Works Director and the modified or new trash enclosures) will not nesult in the loss of rewired o ki.n suan.t to Section 8.76.050.D-(-P A1SJk9ExsLgP-tioiD. 8.104.040 Projects Subject to Site Development Review. The following projects are subject to Site Development Review. When a project which typically requires a Site Development Review Waiver is combined with a project subject to a Site Development Review, the review and project type shall be the highest level. In accordance with Chapter 8.96, Permit Procedures, the Community Development Director and the Zoning Administrator may refer decision making to the Planning Commission at any time. A. Community Development Director. The following projects are subject to a Site Development Review, and shall be reviewed by the Community Development Director or his /her designee: 1. Accessory Structures. Accessory structures, ex Iudin trash enclosures., which are greater than 120 square feet in size in the R -M, Commercial, or Industrial City of Dublin Zoning Ordinance 104 -2 September 2013 SITE DEVELOPMENT REVIEW Chapter 8.104 Zoning Districts, or Planned Development Zoning Districts with multifamily or nonresidential uses and are visible from any street or located adjacent to a property in the R -1 or R -2 Zoning District or a Planned Development Zoning District with similar residential uses. 3. Agricultural Accessory Structures. All agr� gricultaA.ral accessory structures. 7. 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. 8. 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. 14. '-Trash Enclosures. Modifications to an existing brash enclosure(s) or the construction of a new trash e nc1[Osu12eJ5J 1hgt does not c�an�u�ly with Dublin M!MJ..cJ ail Code C�uapter 7.�) Sollid Waste and l�.ec ;cI t g l nclosure Standards) notwithstanding an.y exceptions that inay be nafjje, b� the l�arblic Wa7rl�s Direct or_Dr Luio�lificati ris to an ex�st�r CtiO1 Of �1c�� h� _c a 1 a new trash enclosures that results in the loss of snore than 10% of the rea aAired liii& Zoning Administrator. The following projects are subject to a Site Development Review, and shall be reviewed by the Zoning Administrator during a Public Hearing: 1. Exception to Accessory Structure Requirements. An exception to the requirements of ectiion_ 8.4_0.020:x.2 of Ch t(L . __ 0 cssclry Structure.; hnirei. City of Dublin Zoning Ordinance 104 -3 September 2013 ZONING CLEARANCE Chapter 8.116 8.116.010 Purpose. The purpose of this Chapter is to establish a procedure for certifying conformance of a Zoning Clearance bEt �. ��� . w - _ ll fi ta,a44 -iior ° , ;..4 -Fi f... r-h- fit-- -' a f- t, , -r-i ...:L� application with the requirements of this Title, the General Plan, any applicable Specific Plans, and the terms and conditions of any applicable permits or variances. 8.116.020 Applications Requiring a Zoning Clearance. A. Building permit. B. Signs. All signs which have been identified in Chapter 8.84, Sign Regulations, as requiring a zoning clearance. C. Recreational Facility tlndoorl. Recreational facilities (indoor) that meet the standards specified in Chapter 8.70 (Recreational Facilities (Indoor)). D. Larne Famniny Day Care Home. Large family day care homes that meet the standards specified in Chapter 8.66 (Large Family Day Care Homes). E. Reasonable Accommodations for Persons with Disabilities. Requests for reasonable accommodation that meet the development standards and regulations contained in Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities). F. Emergency Shelters. Requests to establish and operate an Emergency Shelter that meets the development standards and regulations contained in Chapter 8.45 (Emergency Shelters). G. Auto - Related Uses in the Scarnett Court Overlay Zoning District:. Automobile/ Vehicle Brokerage, Automobile /Vehicle Rental, Automobile/Vehicle Repairs and Service, or Automobile/Vehicle Sales and Service use types that meet the standards specified in Chapter 8.34 (Scarlett Court Overlay Zoning District). H. Tobacco Retainers. Tobacco retailers that meet the standards specified in Chapter 8.43 (Tobacco Retailers). 1. lla (. "are Centers. D .y C "are �� "enters th�.t meet the standards specified in C "h�.l�ter 8.82 8.116.030 Application. A. Building Permit. The Applicant shall submit a complete application for a Building Permit for a structure or a sign. City of Dublin Zoning Ordinance 116 -1 September 2013 ZONING CLEARANCE Chapter 8.116 lEl. Signs. The Applicant shall submit a. complete applica.tic>n for a. "Zoning Clearance for Permanent Signs" a:lona with such information requested on sale. fora. .C. Recreational Facility (Indoor). If the Zoning Clearance is for a Recreational Facility (Indoor), the Applicant shall submit a "Zoning Clearance for Indoor Recreational Facility" form along with such information requested on said form. ., ....... .✓" °t — e, ° $e° % :... :.,t� °°r C q� .s °° .;;�C: i e u ...r�V c�q�.°t o{ ° n-et "-b, &ve-4..i...th crl tt rtv °ria Zsr�o-,,...�i -111 a�t..lo-all...sut...a ` Zg -14- m- n ...al oi+ -w-i -ti=p Saa b in- tl said D. Large Family Day Care Homes. If the Zoning Clearance is for a Large Family Day Care Home, the Applicant shall submit a "Zoning Clearance for Large Family Day Care Homes" form along with such information requested on said form. E. Reasonable Accommodations for Persons with Disabilities. If the Zoning Clearance is for a Reasonable Accommodation for Persons with Disabilities, the Applicant shall submit the appropriate Zoning Clearance application form provided by the Community Development Department along with the items required in Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities). F. Emergency Shelters. If the Zoning Clearance is for an Emergency Shelter, the Applicant shall submit the appropriate Zoning Clearance application form provided by the Community Development Department along with the items required in Chapter 8.45 (Emergency Shelters). G. Auto- Related Uses in the Scarlett Court Overlav Zoning District. If the Zonill Clearance is for an auto - related use noted above in_ the Scarlett Court Cverla Zoning C�iSt �t�t1'I;t 1 pdz at s t dl ailbmit_a JZorrij x G le � nce_for Auto-Related 1Jses in the Scarlett Court Overlay ZiLij district" t`c�r al�a�p�� with such information �°e��auc sted on said Form. H. Tobacco Retailer. If the Zoning Clearance is for a tobacco retailer, the Applicant shall submit a "Zoning Clearance for Tobacco Retailer" form along with such information requested on said form. 1. Day Care Centers. If the Zonino Clearance is for a Day Care Center, the Applicant shawl �jLiLu i jtj� pLgpriate ZoniD C 1gAE�4. �g Mpjica.ti o u Corm pEj7v_j�tcL b_y_ th C"omrna:llity Development Department along with such information requested on said form. 8.116.040 Approval. The Director shall decide zoning clearance applications as follows: City of Dublin Zoning Ordinance 116 -2 September 2013 ZONING CLEARANCE Chapter 8.116 A. Building Permit. All building permit applications shall be reviewed for consistency with the regulations of this Title as required by Chapter 8.04, Title, Purpose and Authority. The zoning clearance approval for a building permit shall be a signature and date on the building permit and an initialed and dated stamp of approval on the approved building plans. B. Signs. All signs identified in the sign regulations as requiring a Zoning Clearance shall be applied for and approved as in subsection A of this section, Building Permit. C. Recreational Facility (Indoor). All recreational facilities (indoor) shall be reviewed for compliance with Chapter 8.70 (Recreational Facilities (Indoor)). The zoning clearance approval for a recreational facility (indoor) shall be a completed "Zoning Clearance for Recreational Facilities (Indoor)" g.12pLication form gnd any-p itinent �attaehirient�sas rep aired on the fontn with the date and signature of the (a.Community dD.evelopment dDirector or his/her designee. D. Large Family Day Care Homes. All large family day care homes shall be reviewed for compliance with Chapter 8.66 (Large Family Day Care Homes). The zoning clearance approval for large family day care homes shall be a completed "Zoning Clearance for Large Family Day Care Homes" gp_pEt�gtjon form and I.tiy_p�[tLtieiit-atta.chmeiits as re abed ont the form with the date and signature of the Community Development Director or his/her designee. E. Reasonable Accommodations for Persons with Disabilities. All requests for reasonable accommodations shall be reviewed for compliance with Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities). The Zoning Clearance approval for a reasonable accommodation request shall be a completed Zoning Clearance application form and any pertinent attachments as re mired on the fonn with th .L, _at ired on the tonn with e and ifieluding a date and the signature of the Community Development Director or his/her designee. F. Emergency Shelters. All requests for Emergency Shelters shall be reviewed for compliance with Chapter 8.45 (Emergency Shelters). The Zoning Clearance approval for an Emergency Shelter shall be a completed Zoning Clearance application form and any pertinent attachments.a.s required on the forin with the ifiel-ai-ling-a date and the signature of the Community Development Director or his/her designee. G. Auto-Related Uses in the Scarlett Court Overlav Zoninf, District. L ypee ifi the Se-&Flt Xei-ling Distliet, Auto-related uses in the Scarlett Court Overlay Zoning District shall be reviewed for compliance with Chapter 8.34 (Scarlett Court Overlay Zoning District). The Zoning Clearance approval shall be a completed "Zoning Clearance for Auto-Related Uses in the Scarlett Court Overlay Zoning District" gpplication form grid and p�qn naent .ttachmentts as a °e�Mjred on the form with the date and signature of the Community Development Director or his/her designee. City of Dublin Zoning Ordinance 116-3 September 2013 ZONING CLEARANCE Chapter 8.116 H. Tobacco Retailer. All tobacco retailers shall be reviewed for compliance with Chapter 8.43 (Tobacco Retailers). The zoning clearance approval for a tobacco retailer and an shall be a completed "Zoning Clearance for Tobacco Retailers" M)Tlication form A nq m p�grtirnernt attachments as reclunn ed c>nn the form with the date and signature of the Community Development Director or his/her designee. 1. Day Care Centers. All Dav Care Centers shall be reviewed for conlDliance with Ch—ter &8 (Day Care Centers). The Zoning Clearatigge approval for Da: Care Centers shall be a co fete d"'Zonitly Clearance for Day Care Centers" a licationfort P-21 _pertjnent attachments as LUc.Li.ired on the form with. the date_and sj IL gL_gftleCommum -------------------- ------------------------------------- ----- _g 41 , Q fl- I --------------- ly DeLvegilgpMgnt Director or his/,hercdlesj ..-Ynee. 8.116.050 Expiration of Zoning Clearance. A. Building Permit. A Zoning Clearance issued in conjunction with a Building Permit shall expire when the Building Permit expires. B. S:19 imam -AL,(2nhr!& Clearance issqgdj 111-��graqLi�IjQtj_wiflLa i i shall exp lig --------------- jgL ---------- - --sig-qjs removed. ------------- C. Recreational Facility (Indoor)F--L-ii-iiu lgf,---F-aff+il-y D*y--(,,'-air-e A Zoning Clearance issued in conjunction with a Recreational Facility (Indoor)-74,,wge shall expire when the use is no longer operational eF4he-u.,,.,, ' gei� in eoff+ftk,+� ur4 (4v --r Da-y (-Ih-apte-r gm- eori 4i r n-al D. Large Fanifly Day CaKe Home. A Zoning Clearance issued in con unction with ge Fai i�y Day Care Home shalL_pxire when the use is no long� E _oerational. Reasonable Accommodation for Persons with Disabilities. A Zoning Clearance issued in conjunction with a Reasonable Accommodation for Persons with Disabilities shall expire when ia-pli-r 8,3-8 (-j4-(7mk-4r+a4.,-4e Zx*+i-rig the lawfully established reasonable accommodation is no longerbeit", person s) ith isabilit as -'hap � -3 8 b -i s for J_ Chapter le Accommodatioi .Persons with Disabilities'). A lawfully established. reasonable accommodation may remain in place as a legal nonconforming structure subject to Chapter 8.140 (Nonconforming Structures and Uses). -D-,..F...,. Emergency Shelters. A Zoning Clearance issued in conjunction with an Emergency Shelter shall expire when the use is no longer operational of City of Dublin Zoning Ordinance 116-4 September 2013 ZONING CLEARANCE Chapter 8.116 .G. Auto-Related I.Jses in the Scarlett Court Overh1 ,onina District. A Zorni Clearatice issued Wn cor _Cunction with an aUt0-relafed use in the Scarlett Court, Overlay use is no lomL)=_W_erational.. H. Tobacco Retailers. A Zonir.gy Clearatice issued in cot 'uttctjorn with a tobacco retailer shall ex ire where the use is no lots g y er rN,,,-rA f c n-al 1. Day Care Centers. A Zonifig Clelrance issued iD c2fljqn�etic7ra w�tln a >�ay C:a� °e C "e�n� shaaflLexpire when the use is no lot-111— — rational. City of Dublin Zoning Ordinance 116-5 September 2013 ENVIRONMENTAL NOISE ANALYSIS FOR: Dublin Day Care Ordinance Dublin, CA RGDL Project #- 12-090 PREPARED FOR: City of Dublin 100 Civic Plaza Dublin, CA 94568 PREPARED BY: Harold S. Goldberg, P.E. Principal Consultant DATE: 1 April 2013 1100 Larkspur Landing Circle #375 o Larkspur CA 94939 * Tel 415 464 01 so * Fax 415 464 0155 * RGDLacoustics.corn Dublin Day Care Ordinance, Dublin, CA Environmental Noise Analysis 1. Introduction Page 1 1 April 2013 The City of Dublin, California is proposing a Zoning Ordinance Amendment to allow for the establishment of Day Care Centers as a permitted use. The purpose of the Amendment is to adopt a set of development standards that would allow the City to streamline the approval process for Day Care Centers without a Conditional Use Permit review. Currently, Day Care Centers that are proposed adjacent to residential areas are typically required to prepare a site specific noise report addressing the potential impact of outdoor play area noise on the surrounding residential uses. It is envisioned that with the Zoning Ordinance Amendment, the noise study would not be required if the proposed Day Care Center meets adopted Development Standards. This report summarizes the current City noise standards and policies and recommends new development standards. The new standards are derived from the noise level generated by children in an outdoor play area with consideration of the existing ambient noise level at the nearby noise sensitive land use. In addition, the recommended development standards consider the physical attributes of the proposed Day Care Center including location, site layout and operating conditions. In essence, these new standards can be applied by the City Planning Staff without the need for acoustical measurements or noise modeling. 2. Environmental Noise Fundamentals Noise can be defined as unwanted sound. It is commonly measured with an instrument called a sound level meter. The sound level meter captures the sound with a microphone and converts it into a number called a sound level. Sound levels are expressed in units of decibels. To correlate the microphone signal to a level that corresponds to the way humans perceive noise, the A- weighting filter is used. A- weighting de- emphasizes low- frequency and very high- frequency sound in a manner similar to human hearing. The use of A- weighting is required by most local General Plans as well as federal and state noise regulations (e.g. Caltrans, EPA, OSHA and HUD). The abbreviation dBA is sometimes used when the A- weighted sound level is reported. Because of the time - varying nature of environmental sound, there are many descriptors that are used to quantify the sound level. Although one individual descriptor alone does not fully describe a particular noise environment, taken together, they can more accurately represent the noise environment. The maximum instantaneous noise level (Lmax) is often used to identify the loudness of a single event such as a car passby or airplane flyover. To express the average noise level the Leq (equivalent noise level) is used. The Leq can be measured over any length of time but is typically reported for periods of 15 minutes to 1 hour. The background noise level (or residual noise level) is the sound level during the quietest moments. It is usually generated by steady sources such as distant ®SEN GOLDBERG ER & LEWITZ, INC. 1100 Larkspur Landing Circle 4375 o- Larkspur CA 94939 o, Tel 415 464 0150 o- Fax 415 464 0155 4,- RGDLacoustics.corn Dublin Day Care Ordinance, Dublin, CA Environmental Noise Analysis Page 2 1 April 2013 freeway traffic. It can be quantified with a descriptor called the 1-90 which is the sound level exceeded 90 percent of the time. To quantify the noise level over a 24 -hour period, the Day /Night Average Sound Level (DNL or Ldn) or Community Noise Equivalent Level (CNEL) is used. These descriptors are averages like the Leq except they include a 10 dB penalty during nighttime hours (and a 5 dB penalty during evening hours in the CNEL) to account for peoples increased sensitivity during these hours. In environmental noise, a change in noise level of 3 dB is considered a just noticeable difference. A 5 dB change is clearly noticeable, but not dramatic. A 10 dB change is perceived as a halving or doubling in loudness. 3. Acoustical Criteria 3.1. City of Dublin General Plan The Noise Element of the City's General Plan has policies regarding noise and land use compatibility. Table 1 provides guidelines for the compatibility of land uses with various noise exposures. The City uses the Community Noise Equivalent Level (CNEL) descriptor. A CNEL of 60 CIBA or less is considered normally acceptable for residential land use. It should be noted that the City's compatibility standards are normally intended to be used for traffic and transit noise. Table 1: Land Use Compatibility for Community Noise Environments 1100 Larkspur Landing Circle 4375 o- Larkspur CA 94939 o, Tel 415 464 0150 o- Fax 415 464 0155 4,- RGDLacoustics.corn COMMUNITY NOISE EXPOSURE (0) Land Use Cate o Normally Conditionally Normally Clearly Acceptable Acceptable !Unacce able Unacceptable (Noise insulation) Features Required Residential 60 or Ness 60.70 70-75 Over 75 Motels,, hotels 60 or less 60.70 70.80 Over 80 Schools, churches, nursing 60 or less 60-70, 70-80 Over 80 homes Neighborhood parrs 60 or less 60.65 65-70 Over 70 Offices: retail commercial 70 or less 70-75 75 - 80 Over 80 Industrial 70 or less 70.75 Over 75 Conditionally acceptable exposure requires noise insulation features in building design. Conventional construction, but with closed windows and fresh air supply systems or air conditioning will normally suffice. 1100 Larkspur Landing Circle 4375 o- Larkspur CA 94939 o, Tel 415 464 0150 o- Fax 415 464 0155 4,- RGDLacoustics.corn Dublin Day Care Ordinance, Dublin, CA Environmental Noise Analysis 3.2. City of Dublin Noise Ordinance Page 3 1 April 2013 Chapter 5.28 of the City of Dublin's Municipal Code prohibits "...loud, or disturbing, or unnecessary, or unusual or habitual noise or any noise which annoys or disturbs or injures or endangers the health, repose, peace or safety of any reasonable person of normal sensitivity present in the area ". The noise ordinance states that it is appropriate to consider the level and character of the noise as well as the level and character of the background noise. Since the City's Noise Ordinance does not contain quantifiable noise level limits, it is not possible to apply the noise ordinance as a threshold for assessing project generated noise in the context of this noise study. 3.3. Increase in Noise The California Environmental Quality Act Guidelines require the determination of whether a project will generate a substantial increase in noise levels in the project vicinity above levels existing without the project. CEQA does not specify a method for determining when a project would cause a significant increase in noise. Likewise, the City of Dublin does not have criteria for determining when a noise increase is significant. A recent FAA Draft Policy discusses screening and impact thresholds for increases in aircraft noise. For the purposes of this analysis, these thresholds are used to assess the significance of noise increases due to the Day Care Centers as follows — an increase in CNEL is significant if it is; • 5 dBA or greater and the future CNEL is less than 60 dBA or 3 dBA or greater and the future CNEL is 60 dBA or greater and less than 65 dBA or • 1.5 dBA or greater and the future CNEL is 65 dBA or greater. 4. Development Standards The intent of the development standards is to identify whether a proposed Day Care Center would result in a "less than significant" noise impact. This determination requires that the noise from the outdoor play area not exceed a CNEL of 60 dBA at the property line of the nearby residential land use and that the increase in noise is less than the thresholds presented in Section 3.3. When this analysis is conducted by an acoustical specialist for a site specific noise study, it normally entails the calculation of play area noise levels based on previous acoustical measurements of other play areas, as well as on -site ambient acoustical measurements. To derive a set of development standards to screen for potentially significant noise impacts, typical parameters that are used in a noise impact analysis were reduced to their related physical attributes as follows: 1100 Larkspur Landing Circle 4375 o- Larkspur CA 94939 o, Tel 415 464 0150 o- Fax 415 464 0155 4,- RGDLacoustics.c®rn Dublin Day Care Ordinance, Dublin, CA Page 4 Environmental Noise Analysis 1 April 2013 0 Factors related to Project Generated Noise: • Distance between outdoor play area and residences. • Number of children using the play area. • Duration of play area usage. • Presence of intervening buildings or terrain (between play area and residences). 0 Factors related to Ambient Noise Levels: • Distance between residences and major roadways. • Presence of intervening buildings or terrain (between residences and roadways) To derive the various development standards, a series of hypothetical Day Care Center scenarios were assessed using previously measured data. The Day Care Center play area was assumed to generate an average noise level (Leq) of 67.5 dBA at a distance of 50 feet from the center of the play area when there are 50 children using the play area. This relationship was developed over the course of several previous site specific Day Care Center noise studies and is based on acoustical measurements of similar facilities. Distance effects are based on the standard attenuation rate of 6 dBA per doubling of distance between the source and receiver. To account for the number of children, a rate of 3 dBA per doubling of children was used. The duration of play was accounted for through the use of the CNEL, which is the average noise level over an entire day. For example, there will be a 3 dBA increase in CNEL for each doubling in duration of play area use and a 3 dBA decrease for each halving in the duration of play area. The ambient noise levels are accounted for by considering the location of the existing residences near the day care play area relative to major roadways. Since there can be a relatively large variation in ambient noise levels for seemingly similar locations, generalizations are made based on RGDL's experience with ambient noise level measurements with an effort to maintain a conservative analysis. This means that ambient noise levels are assumed to be on the lower end of the anticipated range since noise impacts are more likely to occur when ambient noise levels are lower. The recommended development standards are presented in Table 1. This table presents the number of children and duration of play area usage depending on the distance to the nearest residential property line and the location relative to ambient noise sources (roadways). Tables 2 and 3 provide guidance for the numeric input needed to use the Table 1. The recommended development standards do not include a factor for the sound attenuation provided by a solid fence or wall that might exist at the residential property line. Though a solid fence or wall might provide noise reduction for ®SEN GOLDBERG ER & LEWITZ, INC. 1100 Larkspur Landing Circle 4375 o- Larkspur CA 94939 o, Tel 415 464 0150 o- Fax 415 464 0155 4,- RGDLacoustics.corn Dublin Day Care Ordinance, Dublin, CA Environmental Noise Analysis Page 5 1 April 2013 neighboring residents at the first floor elevation, it might not have an effect because second floor rooms could overlook the wall. Also, the wall could block both the play area noise and the ambient noise. If the ambient noise is reduced by the same amount as the play area noise, then the increase in noise is the same whether or not there is a wall. To help minimize the potential for complaints, the City should consider requiring a solid fence or wall separating the play area from the residential lot in addition to the recommended standards in Table 1. Table 1: Maximum Number of "Children x Hours per Day "" for the Outdoor Play Area of a Day Care Center Ambient Noise Level Quieter Moderate Noisier Distance from Play Area to Residence 15 — 19 feet 4 12 18 20 - 24 feet 7 20 33 25 — 29 feet 10 35 50 30 — 39 feet 16 50 75 40 — 49 feet 28 90 130 50 — 59 feet 45 140 200 60 — 74 feet 60 200 300 75 — 99 feet 100 300 450 100 feet or greater 180 500 800 Notes: 1. "Children -Hours per Day" is calculated by multiplying the number of children in the play area by the duration of the play periodand is summed over the course of the day. For example if 30 children use the play area for four 45- minute periods per day then the total "children -hours per day" is equal to 90 (the calculation is 30 x 4 x3/4). See example in Table 2. 2. Ambient noise level is divided into three categories and refers to the ambient noise level at the existing residential property line nearest to the proposed outdoor play area. Most locations are "Moderate." A location is "Quieter" if it is at least 500 feet from the edge of a freeway, at least 200 feet from the edge of an arterial or Class I collector, and the line of sight to all roadways (except residential and residential collector streets) is blocked by buildings or terrain (vegetation is not included). A location is "Noisier" if it is within 150 feet of the edge of a freeway (with or without a soundwall), or within 75 feet of an arterial 1100 Larkspur Landing Circle 4375 o- Larkspur CA 94939 o, Tel 415 464 0150 o- Fax 415 464 0155 4,- RGDLacoustics.corn Dublin Day Care Ordinance, Dublin, CA Environmental Noise Analysis Page 6 1 April 2013 or major collector street and the property line location has at least partial line -of -sight to the roadway. All other locations are considered "Moderate ". 3. The distance (rounded to the nearest foot) from the play area to the residence is the shortest, straight -line distance between the nearest residential property line and the center of the play area. If a portion of the play is blocked from the property line by the building then disregard the blocked portion in the distance measurement and pro -rate the "Children -Hours per Day" by the percentage area that is not blocked. If all of the play area is blocked from the property line by the building then multiply the actual distance by a factor of 2 to obtain distance from play area to residence. Table 2: Example Calculation for Children x Hours per Day Play Period First Second Third Fourth Duration (Hours) 1 (0.75 0,5 TOTAL Number of Children 70 40 X 30 Number of Children Children x Hours 0 ry 30 15 115 Example: + There are three play periods per day. 0 The first is 60 minutes long and there are 70 children outdoors 0 The second is 45 minutes long and there are 40 children outdoors 0 The third is 30 minutes long and there are 30 children outdoors. The table is used by entering the duration and number of children for each play period column. The duration is converted from minutes to hours before entering. The bottom row is calculated for each play period column by multiplying the duration by the number of children. Then the Total is calculated by adding all the Children x Hours in the bottom row together. Table 3: Blank Table for Calculation of Children x Hours per Day Play Period First Second Third Fourth Fifth Duration (Hours) TOTAL Number of Children Children x Hours 1100 Larkspur Landing Circle 4375 o- Larkspur CA 94939 o, Tel 415 464 0150 o- Fax 415 464 0155 4,- RGDLacoustics.corn RESOLUTION NO. XX - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** AMENDING RESOLUTION 49 -06 TO REVISE THE ADOPTED FEE SCHEDULE AND ADD A FEE FOR A DAY CARE CENTER ZONING CLEARANCE AND REMOVE THE CURRENT FEE FOR A DAY CARE CENTER CONDITIONAL USE PERMIT (PLPA- 2012 - 00037) WHEREAS, the City Council has adopted amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) amending 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); and WHEREAS, together, these amendments establish a process for reviewing applications for Day Care Centers within the jurisdictional limits of the City of Dublin via a Zoning Clearance; and WHEREAS, the City Council adopted the current fee schedule on April 18, 2006 by Resolution 49 -06 and the fees became effective on July 1, 2006; and WHEREAS, no application fee is currently listed in the fee schedule for a Day Care Center Zoning Clearance; and WHEREAS, the recommended application fee is $250.00 consistent with the current application fee for an Indoor Recreational Facility Zoning Clearance; and WHEREAS, the City Council held a properly noticed public hearing on said fees on October 1, 2013. NOW, THEREFORE, BE IT RESOLVED, that Resolution 49 -06 is hereby amended to add a new fee for a Day Care Center Zoning Clearance and delete the existing fee for a Day Care Center Conditional Use Permit as follows: Day Care Center Zoning Clearance - $250.00 Day Care Center Conditional Use Permit BE IT FURTHER RESOLVED, that the adoption of a new fee for a Day Care Center Zoning Clearance and the removal of the existing fee for a Day Care Center Conditional Use Permit shall take effect when Ordinance XX -13 becomes effective. 1 of 2 PASSED, APPROVED AND ADOPTED this 1St day of October, 2013, by the following vote: AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk 2of2 Mayor Chapter 7.98 SOLID WASTE AND RECYCLING ENCLOSURE STANDARDS Sections: 7.98.010 Applicability. 7.98.020 Definitions. 7.98.030 General construction and design standards. 7.98.040 Multifamily requirements. 7.98.050 Compactors. 7.98.060 Roll -off boxes. 7.98.070 Stormwater pollution prevention. 7.98.080 Permits. 7.98.090 Exceptions. 7.98.010 Applicability. A. The requirements of this chapter shall apply to all building or development permits for: 1. New commercial development projects. 2. New multifamily development projects with five (5) units or more that will utilize shared waste and recycling enclosures. 3. Commercial development projects that trigger a planning entitlement (such as a site development review or conditional use permit) and consist of uses including but not limited to grocery stores, restaurants, markets, auto repair /use and daycares that generate food waste, grease and /or vehicle fluids, and packaging material in addition to uses that have the potential to pollute stormwater as determined by the Director of Public Works. 4. Any other project, including but not limited to tenant improvements, where the Public Works Department concludes that the use has the potential to discharge pollution into the city's storm sewer system. When this chapter applies to a tenant improvement, the property owner or applicant shall be responsible for making improvements only to the solid waste and recycling enclosure used by the tenant. (Ord. 13 -12 § 2: Ord. 9 -11 § 2 (part)) 7.98.020 Definitions. The terms used in this chapter have the meanings set forth below: "Collection" means the removal and transportation of solid waste, recycling and organics by the collector from the place of delivery to a disposal facility approved under the collector's agreement with the city or by a nonexclusive franchise agreement. "Collector" means that person or business having an exclusive franchise agreement with the city granting to him /her or it the exclusive privilege of collecting or causing to be collected or transported for a fee any solid waste within the city or any portion thereof. "Commercial development" means construction of buildings consisting of retail, professional, wholesale, or industrial facilities. "Compactor" means any roll -off container or bin which has a compaction mechanism, whether stationary or mobile. "Discharge" means (A) any addition of any pollutant that has potential to enter navigable waters from any point source or (B) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft. "Food service establishments" include restaurants, markets, bakeries, grocery stores and all other establishments that prepare and /or serve fresh food on the premises. "Illicit discharge" means any discharge to the city storm sewer system that is not composed entirely of stormwater, except discharges pursuant to a NPDES permit and discharges resulting from firefighting activities. "Mixed recycling" consists of any clean, dry paper, plastic and glass (bottles, jars and jugs only), and metal cans (tin and aluminum) placed in a single container. Note: cardboard is also accepted in mixed recycling bins and carts; however, recycling boxes in the carts is often impractical due to the limited capacity and tendency for even flattened boxes to get jammed in the carts. "National Pollutant Discharge Elimination System ( NPDES)" means a national program under Section 402 of the Clean Water Act for regulation of discharges of pollutants from point sources to waters of the United States. Discharges are illegal unless authorized by a NPDES permit. "Organics" means all types of green waste including grass and weed clippings, shrub and tree prunings, branches (less than four (4) feet in length and four (4) inches in diameter), leaves, plants, flowers, food scraps and food - soiled paper products. "Owner" means the owner or owners of real property having fee title to the property as identified in the most recent equalized assessment roll of the Alameda County Assessor. "Point source pollution" means a single identifiable localized source of air, water, thermal, noise or light pollution. A point source has negligible extent, distinguishing it from other pollution sources. "Pollutant" means dredged soil, solid waste, incinerator residue, sewage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, dirt and industrial, municipal and agricultural waste discharge into water. "Public Works Director" means the city of Dublin Public Works Director or his or her designee. "Recyclable materials," for the purpose of this document, means all items accepted in the city's commercial recycling program, including mixed recycling (paper, bottles and cans), cardboard and food waste /organics. "Recycling" means processing recovered used resources (waste) into new products to prevent waste of potentially useful resources, reduce the consumption of virgin materials, reduce energy usage, reduce greenhouse gas emissions and water pollution (from landfilling), by reducing the need for solid waste disposal. "Roll -off container" means a metal container that is normally loaded onto a motor vehicle and transported to an appropriate facility. "Solid waste" means all putrescible and nonputrescible solid waste (garbage), including paper, ashes, industrial or commercial wastes, demolition and construction wastes, discarded home and industrial appliances, animal solid and semi -solid wastes other than fecal matter, vegetable wastes, and other discarded solid and semi -solid wastes, but does not include hazardous waste, as herein defined, sewage, or abandoned automobiles. "Stormwater" means stormwater runoff, snow melt runoff, surface runoff and drainage. "Tenant" means any person or persons other than the owner occupying or in possession of the residence or commercial space. (Ord. 9 -11 § 2 (part)) 7.98.030 General construction and design standards. The location, design and construction of enclosures for the set out and collection of garbage, recyclables, food waste, landscaping debris or other discarded materials shall conform to all applicable regulations set out in these standards and to all other provisions of the Dublin Municipal Code. A development may have multiple solid waste and recycling enclosures to meet the required amount of capacity. The Public Works Director shall review the design of all enclosures. All enclosures are subject to a site development review permit. Standard enclosures shall have a minimum inside usable floor and wall dimension of eighteen (18) feet wide by ten (10) feet deep, to allow tenant and collector access to the bins /carts and placement of bins sideways in the enclosure if necessary. In some instances, the required enclosure size may be greater than eighteen (18) feet by ten (10) feet. All commercial uses within the city must at a minimum provide adequate space for separate garbage bins, cardboard -only bins and mixed recycling bins. In addition, food service establishments shall provide adequate space for food waste /organics. If a food establishment will generate grease, fat or tallow, adequate space for those containers is also required. The types and size of bins shall be based on the volume of tonnage generated by the development activity, as estimated by the Public Works Director, and with the aim of reducing, as much as possible, the number of service trips per week by the collector. A. Height Clearance of the Enclosure Approach. The entire approach to and from the front of the enclosure shall have at least eighteen (18) feet of vertical clearance to accommodate refuse truck height. The area immediately in front of the enclosure itself, or the location where the bin will be serviced, shall have at least thirty -two (32) feet of vertical clearance to accommodate the servicing of the bin. All projects shall provide clearance for front end loading vehicles, as defined below: Vertical (approach and exit) 18 feet high Vertical (when dumping bin) 32 feet high Lateral 15 feet wide B. Driveways. An asphalt or concrete driveway with fifty (50) feet of straight, direct access that leads to and from the enclosures to the bin is required and shall be built to withstand trucks weighing up to sixty -two thousand (62,000) pounds gross vehicle weight (GVW). The driveway shall be built in accordance with the city standard plans and specifications. C. Concrete Apron at the Approach. 1. The apron surface shall be the same elevation as the enclosure pad threshold and the surrounding surfaces, with a minimum slope of one - eighth (1/8) inch (one percent (1 %) grade) per foot away from the enclosure pad so as to direct runoff away from the enclosure. 2. The apron shall extend ten (10) feet from the enclosure pad and be the width of the enclosure opening. To prevent damage to the asphalt paving caused by receptacle impact, the enclosure base shall be designed to withstand up to twenty thousand (20,000) pounds of direct force from a single truck axle. A sufficient strength concrete shall be used to prevent chipping. D. Concrete Enclosure Pad. 1. The enclosure pad shall be engineered to withstand up to twenty thousand (20,000) pounds of direct force from a single truck axle for any portion of the pad that is subject to vehicle traffic. 2. The enclosure pad surface shall be the same elevation as the apron threshold. 3. On the open side of the enclosure, a grade break line shall be constructed at the inside edge of the wall with the slab sloping inwards on the inside of the structure and away from the structure on the outside. 4. The ground on all other sides of the structure shall be sloped away from the structure E. Enclosure Design. Enclosures shall be designed to provide adequate space for collecting and storing solid waste and recyclable materials, including mixed recycling, separated cardboard and food waste /organics (when appropriate). All solid waste and recycling enclosures shall be designed to provide for adequate capacity, based on the volume and tonnage generated by the development activity, as estimated by the Public Works Director, and with the aim of reducing, as much as possible, the number of service trips per week by the collector. 1. Material. The design of the enclosure shall incorporate the same materials used for the primary buildings for a coordinated look and feel to the development. 2. Landscaping. In instances where the enclosure is visible from roadways or other public spaces, an irrigated five (5) foot wide landscape strip running the length of the three (3) nongated enclosure walls shall be provided to allow for vines or large shrubs to shield the walls and discourage graffiti. 3. Height of Walls. All enclosures shall have walls with a minimum height of six (6) feet. 4. Roof. All solid waste and recycling area enclosures that are not located inside a building shall have roofs to prevent contaminants from washing into the storm drain system. The lowest part of the ceiling cannot be lower than nine (9) feet high. The roof shall extend past any open sides. Additionally, the roof shall not overhang the front gate so that the garbage trucks can access the bins. 5. Inside Dimension. a. All enclosures must have sufficient space for at least one (1) bin for solid waste, a second bin of at least equal size for storing and collecting separated cardboard, and either a mixed recycling bin or cart for mixed paper, bottles and cans of sufficient size to collect mixed recycling items generated on site. Enclosures that will be used by food establishments must also allow space for a separate food waste /organics bin of sufficient size to collect food waste generated on site. b. The required interior dimensions shall not include space required for protective curbs or bumpers and shall allow for pairing of trash and recycling container(s) in the same enclosure. All bins must be configured inside the enclosure so as to ensure full access to the entire front area of the bin. c. If the enclosure will service food service establishments, adequate space must also be provided for waste cooking oil storage containers, which must be placed so that they will not interfere with the collector's ability to service the enclosure, either by blocking access or as a result of leaking oil that creates a hazard for drivers. d. The enclosure shall be large enough to provide a minimum of twenty -four (24) inches on each side of the bins, twenty -four (24) inches between bins placed side by side and thirty -six (36) inches from the front of the bin to the gate. If bins are placed facing each other, a minimum of thirty -six (36) inches between bins is required. A protective buffer (cement curb, bollards or wood /rubber bumper) is required around all interior walls, including partial walls on the gated side, to prevent damage to the enclosure during servicing. Enclosure dimensions will increase depending on the size and number of required bins, which are dependent upon the use. Multiple enclosures may also be required, depending on the size of the development and type(s) of use. If there are multiple enclosures required, each enclosure shall have enough space to pair trash and recycling containers in the same enclosure, to ensure optimum diversion and to minimize contamination of recycling loads. All enclosures shall conform to the standards listed above. 6. Recycling -Only Enclosures. Smaller "recycling- only" enclosures may be allowed in certain cases where an existing site has adequate enclosure space for trash, but it is not possible to locate the required recycling containers within the trash enclosure, based on the Public Works Director's estimate 4 of required volume. Drainage requirements for recycling -only enclosures will depend on the types of materials stored for recycling. Recycling -only enclosures designated for separated nonputrescible waste (i.e., cardboard -only or mixed recycling bins or carts) shall be subject to a site development review permit. 7. Gates and Pedestrian Doors. a. Double gates are required for enclosures that contain two (2) or more trash or recycling bins. b. Gates shall be free hanging with no center pole. The gates /doors shall be designed to ensure access and removal of each bin from the enclosure without having to move another bin. c. Gates shall be solid metal painted to incorporate the overall design theme of the development with outside handles on each door and a slide latch to secure the doors. The solid waste and recycling area should not be visible through the gates. In addition, gates must be approximately the same size as the enclosure walls. d. The gated opening shall be a minimum of sixteen (16) feet wide. Gate posts shall be placed outside this span. e. Bolts shall be used to secure the gate to the poles or walls. f. The gate doors must be constructed with a mechanism that will provide a means of securing the gate doors in both an opened and closed position. All gates must be lockable using a standard padlock. g. A pedestrian entrance shall be provided for all enclosures. All pedestrian doors shall open outward to avoid interfering with placement of, and access to, containers. h. An accessible path of travel shall be provided from the main building to the pedestrian entrance door described above. 8. Lighting. The area around and inside the enclosure must be lit with a minimum of one (1) foot - candle. A motion sensor is required. 9. Storage inside the Enclosure— Maintenance. a. The enclosure is for the storage of solid waste, mixed recycling, cardboard, organics and grease containers only. b. Enclosures shall be kept clean, with all recyclables and garbage to be placed in the proper receptacle. No trash or recyclables may be stored on the enclosure floor on either a temporary or permanent basis. Storage of hazardous materials is not allowed in the enclosure. c. All solid waste, mixed recycling, cardboard, organics and grease containers are required to have lids that must be closed when not in use to contain litter and to prevent odor, pests and possible stormwater pollution. In addition, all waste cooking oil storage containers must be leakproof and /or have secondary containment that does not interfere with access to cooking oil, trash or recycling containers. In addition, the waste oil hauler or property manager shall keep a supply on hand of material designed to absorb oil near the container in case there is a spill. 10. Waste Water Pollution Prevention. a. Solid waste and recycling enclosures, with the exception of industrial uses, shall have a drain connected to the sanitary sewer. A hose bib shall be available for periodic wash down. b. The applicant must contact the Dublin San Ramon Services District (DSRSD) for specific sanitary sewer connection and discharge requirements. Sanitary sewer connections and inclusion of a grease or sand /oil interceptor shall be in accordance with DSRSD standard specifications. c. In accordance with DSRSD discharge regulations, solid waste and recycling enclosures servicing industrial uses are prohibited from draining into the sanitary sewer system. Waste generated from these uses shall be directly taken to the appropriate waste facility. d. Stormwater is prohibited from entering the sanitary sewer system; therefore, all solid waste and recycling enclosures that are connected to the sanitary sewer system shall have a roof to prevent stormwater from entering the sanitary system. Grading around the solid waste and recycling enclosure shall be designed to drain stormwater away from the enclosure. F. Enclosure Location and Accessibility. 1. All solid waste, recycling and organics receptacles shall be placed so as to be readily accessible for removal and emptying by the collector, but they shall not be placed within the vehicle traveled portion of any street, road, avenue, way or alley, or at any location so as to constitute a nuisance, pursuant to Section 5.32.070. 2. All bins /enclosures are required to have direct access for collection trucks during normal solid waste, recycling and organics collection days and hours. Direct access means the collection truck can directly access the bin, and insert the forks into the sides of the bin without the driver having to get out of the truck to move the bin. A minimum straight approach of fifty (50) feet is necessary to line up directly with the bin. 3. Provide a turnaround or separate exit that allows the truck to move forward rather than backwards Maximum back -up distance is fifty (50) feet (unless a greater distance is approved by the franchise hauler) for any maneuver and shall be in a straight line. 4. Solid waste and recycling enclosures shall not be placed in front of fire hydrants and no enclosure shall be placed within five (5) feet of a combustible building wall, opening, or combustible roof eave line. 5. Solid waste and recycling enclosures shall not be installed behind parking spaces except for instances with unusual site constraints. 6. For safety reasons, the turning radius shall be adequate for a three (3) axle truck and shall have a minimum outside turning radius of forty -five (45) feet. A turnaround must be provided for any street, driveway or travel aisle that would otherwise require the collection truck to back up a distance greater than one hundred fifty (150) feet. 7. Truck Specifications. a. Front end loader vehicles need a minimum of fifty (50) feet of unobstructed clearance to access the solid waste and recycling enclosure. Commercial collection vehicles access the solid waste and recycling enclosure at the front of the vehicle. b. Vehicles servicing roll -off containers need a minimum of one hundred thirty -two (132) feet to approach and load the container, and thirty (30) feet of overhead clearance. Roll -off containers are twenty (20) feet in length and eight (8) feet wide. The weight of a roll -off container cannot exceed ten (10) tons when full. G. Existing Development. If an existing development does not have an existing trash enclosure, the development may be required to install a trash enclosure that meets the requirements of this section. (Ord. 13 -12 § 3: Ord. 9 -11 § 2 (part)) 7.98.040 Multifamily requirements. A. Multifamily complex enclosures in the city of Dublin are required to contain space for separate collection of solid waste, mixed recycling and organics as shown in the table below. Front loader bins shall be used to collect mixed recycling, so that the large quantities of cardboard typically generated at multifamily complexes can be easily recycled by residents. B. Solid waste and recycling enclosures for collection of solid waste, recyclables and organics at multifamily apartment and condominium housing shall observe the requirements of the California Building Code and the requirements of CCR Title 24, regarding accessibility to solid waste and recycling collection containers for persons with disabilities (CCR Title 24, Part 2). C. Minimum requirements for an enclosure or multiple enclosures by dwelling units are as follows: Dwelling Units ( #) Garbage (sq. ft.) Mixed Recyclables (sq. ft.) Organics (sq . ft.) Total Enclosure Area (sq. ft.) 2 -6 30 30 30 90 7 -15 60 60 60 180 16 -25 100 100 100 300 26 -50 200 200 200 600 51 -75 300 300 300 900 76 -100 400 400 400 1,200 101 -125 490 490 490 1,470 126 -150 590 590 590 1,770 151 -175 690 690 690 2,070 176 -200 790 790 790 2,370 > 200 Every additional 25 dwelling units shall require an additional 100 square feet for solid waste, 100 square feet for recyclables and 100 square feet for organics. (Ord. 9 -11 § 2 (part)) 7.98.050 Compactors. A. Compactors are generally not permitted unless preapproved by the Public Works Director. Inclusion of a compactor shall not supplant the requirement that a site provide adequate enclosure space for recycling. If a compactor is installed, space for recycling (including organics if applicable) shall be provided in accordance with the requirements discussed above. B. Compactors may require additional space and electrical connections, as well as separate building permits. C. Compactors are required to be covered and shall include plumbing to capture possible leaks and spills. D. Compactors containing solid waste must be serviced at least once per week. The applicant must provide written confirmation from the collector that servicing of the compactor is feasible. E. In order to allow adequate space to hook and unhook the compactor from the roll -off truck, a backup distance of three (3) times the length of the thirty -five (35) foot truck is required (minimum one hundred five (105) feet). This distance must extend straight ahead from the end of the compactor. For safety reasons, a site plan requiring a backup distance less than one hundred five (105) feet to service the compactor will not be approved. Width must be at least twelve (12) feet to allow room to maneuver and to provide clearance from objects /structures /vehicles on either side of the backup length. Immediate approach (minimum thirty (30) feet) to a compactor or roll -off box should be on a flat, level surface. Adequate room for backing up and turning shall be provided on site, and shall not require use of the public right -of -way. (Ord. 9 -11 § 2 (part)) 7.98.060 Roll -off boxes. A. Roll -off boxes for ongoing uses are generally not permitted. B. Roll -off containers shall be placed directly behind a building where space is available at a loading dock to allow loading from above. C. Roll -off containers shall be placed on a level surface, unless roll -away protection is required. Placement of roll -off boxes shall be subject to approval by the Public Works Director. D. Loading docks shall be equipped with bumper pads or eight (8) inch high curbs to avoid undue dock damage from heavy containers. E. All projects shall provide clearance for roll -off vehicles as follows: 1. Vertical (approach and exit): fourteen (14) feet high; 2. Vertical (rails raised with bin): twenty -five (25) feet high; 3. Lateral: ten (10) feet wide; 4. Service area length minimum: seventy -five (75) feet long. (Ord. 9 -11 § 2 (part)) 7.98.070 Stormwater pollution prevention. A. All properties shall comply with the federal Clean Water Act and the provisions of Chapter 7.74. B. Solid waste and recycling enclosures within the city that are subject to these standards must have a roof to comply with the city of Dublin's National Pollution Discharge Elimination System (NPDES) stormwater permit. (Ord. 9 -11 § 2 (part)) 7.98.080 Permits. All necessary permits shall be obtained prior to the construction of any enclosures within the city of Dublin. (Ord. 9 -11 § 2 (part)) 7.98.090 Exceptions. Applicants that believe they need a smaller enclosure than required in the city's enclosure design standards may request an exception from the Public Works Department. The Public Works Director or his or her designee shall have the authority to grant exceptions to the requirements of this chapter including, but not limited to, the requirement to connect to the sanitary sewer, and the location, design and construction requirements. The Public Works Director or his or her designee shall review the requests for exceptions on a case -by -case basis. In instances where the Public Works Director or designee waives the requirement to connect to the sanitary sewer, alternative options may be required, including but not limited to the installation of filters in the storm drain inlets. The determination of the Public Works Director may be appealed to the City Manager. (Ord. 13 -12 § 4: Ord. 9 -11 § 2 (part)) The Dublin Municipal Code is current through Ordinance 4 -13, passed August 20, 2013. Disclaimer: The City Clerk's Office has the official version of the Dublin Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. City Website: http: / /www.ci.dublin.ca.us/ (http: / /www.ci.dublin.ca.us /) City Telephone: (925) 833 -6600 Code Publishing Company ( http: / /www.codepublishing.com /) eLibrary (http: / /www.codepublishing.com /elibrary.html) Date: December 5, 2007 To: Planning Division From: Jeri Ram, Community Development Director Subject: Zoning Ordinance Interpretation, Parking Requirements for Medical and Dental Offices Chapter 8.76, Off - Street Parking and Loading Regulations, indicates parking requirements by use type. Section 8.76.080.D includes parking requirements for both professional office uses and health services /clinics. The parking requirements for each use is identified below: Office — 1 space per 250 square feet (the requirement decreases based on the size of the project) Health Services /Clinics — 1 space per 150 square feet Chapter 8.08, Definitions, of the Zoning Ordinance includes definitions of both professional office and health services /clinics. The definitions are as follows: "Health Services /Clinics (use type). The term Health Services /Clinics shall mean service establishments primarily engaged in providing outpatient medical, mental health, surgical and other personal health services including: medical, dental, psychiatric, medical and health care such as acupressurists, acupuncturists, chiropractors, chiropodists, dentists, doctors of oriental medicine, herbalists, medical doctors, physical therapists, podiatrists, psychiatrists, optometrists, or other health professionals determined to be substantially similar to the, above by the Director of Community Development. Clinics may include accessory retail pharmacies." "Office ® Professional /Administrative - (use type). The term Office Professional /Administrative shall mean an office or, office building for the conduct of business, administration or professional services, where these activities do not include the manufacture, storage, display except for samples,. or sale at retail of any merchandise on the premise, including but not limited to the following types of occupancy: accountant, advertising agency, architect, attorney, broker (stock and bond), business consultant,, business management, chiropodist, chiropractor, collecting agency, dentist, employment agency, engineer, financial services, industrial management, insurance, landscape architect, loan agency, medical doctor, mortgage company, optometrist, osteopath, philanthropic or charitable Page 1 of 2 organization, public utilities, real estate, sales representative, secretarial, telephone answering, travel agent, telecommuting center or other uses determined to be substantially similar to the above by the Director of Community Development." As shown above, both the "Off' ice - Profess ion al/Ad ministrative" and the "Heath Services /Clinics" use types include doctor, dental and sinp,ilar medical offices. As a result, parking requirements may have been applied inconsistently in the past. Most medical and dental offices in the City have been approved with a parking requirement of one parking stall per 250 sq. ft. A review of the APA Parking Standards book indicates that most cities have a parking requirement of one parking stall per 250 sq. ft. In accordance with Section 8.04.060 of the Dublin Zoning Ordinance, the Community Development Director has made the following interpretation All Health Services /Clinics shall have a parking requirement of one parking stall for every 250 sq. ft. of floor area regard less of the'size of the building. This interpretation is based on the fact that the City currently has two different parking - equirements for health services /clinics, typical parking requirements in other cities, recent - nedical buildings have been constructed with a parking ration of 1/250 sq. ft. and due to the 1`act that by requiring a parking ratio of one parking stall for ever 150 sq. ft., it is unlikely that medical or dental offices would be permitted in this City. This interpretation will be incorporated into the next round of Zoning Ordinance updates scheduled for 2008. Page, 2 of 2 RESOLUTION NO. 13 -27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN 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), 8.116 (ZONING CLEARANCE) AND THE CREATION OF CHAPTER 8.82 (DAY CARE CENTERS) EFFECTIVE CITY -WIDE PLPA- 2012 -00037 WHEREAS, 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; and WHEREAS, on July 17, 2012, Staff presented the report to the City Council and were directed 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; and WHEREAS, based on the City Council's direction, Staff has prepared a new Zoning Ordinance chapter to regulate the establishment of Day Care Centers; and WHEREAS, 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; and WHEREAS, 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; and WHEREAS, pursuant to the CEQA, Staff is recommending that the Planning Commission recommend that the City Council find this project 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; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending City Council approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the Planning Commission held a public hearing on the project on September 10, 2013 at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 10th day of September 2013 by the following vote: AYES: O'Keefe, Bhuthimethee, Goel, Kohli NOES: ABSENT: Do ABSTAIN: ATTEST: Assistant Community Development Director Planning Commission Chair 2of2 ORDINANCE NO. xx — 13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * ** APPROVING 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), 8.116 (ZONING CLEARANCE) AND THE CREATION OF CHAPTER 8.82 (DAY CARE CENTERS) EFFECTIVE CITY -WIDE PLPA- 2012 -00037 WHEREAS, 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; and WHEREAS, on July 17, 2012, Staff presented the report to the City Council and were directed 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; and WHEREAS, based on the City Council's direction, Staff has prepared a new Zoning Ordinance chapter to regulate the establishment of Day Care Centers; and WHEREAS, 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; and WHEREAS, the Planning Commission held a public hearing on September 10, 2013 and adopted Resolution 13 -27 recommending City Council adoption of the proposed Zoning Ordinance Amendments; and WHEREAS, a Staff Report was submitted to the City of Dublin City Council recommending approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the City Council held a public hearing on the project on October 1, 2013, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: SECTION 1: Pursuant to Section 8.120.050.13 of the Dublin Municipal Code, the City Council hereby finds that the Zoning Ordinance Amendments 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. SECTION 2: Compliance with California Environmental Quality Act ( "CEQA "): 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, the City Council hereby finds the project 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. SECTION 3: Section 8.08.020 (Definitions (A -Z)) of Title 8 of the Dublin Municipal Code is hereby amended to revise the following definitions to read as follows: Day Care Center (use type). The term Day Care Center shall mean any 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. 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. 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 2of19 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. SECTION 4: Section 8.08.020 (Definitions (A -Z) of Title 8 of the Dublin Municipal Code is hereby amended to add the following definition: 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. SECTION 5: Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the Dublin Municipal Code is hereby amended to revise the Day Care Center Commercial Use Type to read as follows: 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 - ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ (15+ persons) MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP (see Chapter 8.82) SECTION 6: Section 8.76.050.D (Parking Exception) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: D. Parking Exception. 1. Unusual Design Situations. The Director of Community Development may grant a Parking Exception of up to 10% of the required parking spaces when necessary due to unusual design situations. A study shall be prepared by a traffic engineer addressing the request for a Parking Exception. Any approval of a Parking Exception shall be subject to the approval of that study by the Community Development Director. 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 3 of 19 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. SECTION 7: Section 8.76.060.K (Re- Striping of Parking Lots) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 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 Site Development Review Waiver. SECTION 8: Section 8.76.080.D (Commercial Use Types) of Title 8 of the Dublin Municipal Code is hereby amended to revise the Number of Parking Spaces Required for the Commercial Use Types Day Care Center and Health Services /Clinics as follows: 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 Health Services /Clinics 1 per 250 square feet SECTION 9: Section 8.104.020.G (Retaining Walls) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 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. SECTION 10: Section 8.104.020 (Exemptions from Site Development Review) of Title 8 of the Dublin Municipal Code is hereby amended to add the following section: H. Minor Exterior Modifications to Glass Storefronts. Modifications to existing glass storefronts in Commercial and Industrial Zoning Districts 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. 4 of 19 SECTION 11: Section 8.104.030.A.1 (Single Family Residential Landscape Modification) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 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 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. SECTION 12: Section 8.104.030.A.2 (Multifamily, Commercial and Industrial Improvements) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 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. SECTION 13: Section 8.104.030.A.2.g (Minor Site Layout Modification) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: g. Minor Site Layout Modification. A minor modification to the layout of the site including new paving areas, sidewalks, new or modified outdoor play areas for use by children associated with a Day Care Center or other similar improvements as determined by the Community Development Director. SECTION 14: Section 8.104.030.A.2.h (Window Modifications) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: h. Window Modifications replacement windows, Modifications to Glass materials which may of Development Director. Window modifications which include new and unless otherwise exempted under Minor Exterior Storefronts, frosting, tinting or the addition of other )scure a window as determined by the Community 5 of 19 SECTION 15: Section 8.104.030.A.2 (Multifamily, Commercial and Industrial Improvements) of Title 8 of the Dublin Municipal Code is hereby amended to add the following subsection: 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). SECTION 16: Section 8.104.040.A.1 (Accessory Structures) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 1. Accessory Structures. Accessory structures, excluding trash enclosures, which are greater than 120 square feet in size in the R -M, Commercial, or Industrial Zoning Districts, or Planned Development Zoning Districts with multifamily or nonresidential uses and are visible from any street or located adjacent to a property in the R -1 or R -2 Zoning District or a Planned Development Zoning District with similar residential uses. SECTION 17: Section 8.104.040.A.3 (Agricultural Accessory Structures) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 3. Agricultural Accessory Structures. All agricultural accessory structures. SECTION 18: Section 8.104.040.A.7 (Residential Additions) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 7. 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 19: Section 8.104.040.A.8 (Residential Demolition and Construction) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 8. 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. 6 of 19 SECTION 20: Section 8.104.040.A (Community Development Director) of Title 8 of the Dublin Municipal Code is hereby amended to add the following subsection: 14.Trash Enclosures. Modifications to an existing trash enclosure(s) or the construction of a new trash enclosure(s) 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. SECTION 21: Section 8.104.040.13.1 (Exception to Accessory Structure Requirements) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 1. Exception to Accessory Structure Requirements. An exception to the requirements of Section 8.40.020.F.2 of Chapter 8.40 (Accessory Structures). SECTION 22: Chapter 8.116 (Zoning Clearance) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 8.116.010 Purpose. The purpose of this Chapter is to establish a procedure for certifying conformance of a Zoning Clearance application with the requirements of this Title, the General Plan, any applicable Specific Plans, and the terms and conditions of any applicable permits or variances. 8.116.020 Applications Requiring a Zoning Clearance. A. Building permit. B. Signs. All signs which have been identified in Chapter 8.84, Sign Regulations, as requiring a zoning clearance. C. Recreational Facility (Indoor). Recreational facilities (indoor) that meet the standards specified in Chapter 8.70 (Recreational Facilities (Indoor)). D. Large Family Day Care Home. Large family day care homes that meet the standards specified in Chapter 8.66 (Large Family Day Care Homes). E. Reasonable Accommodations for Persons with Disabilities. Requests for reasonable accommodation that meet the development standards and regulations contained in Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities). 7 of 19 F. Emergency Shelters. Requests to establish and operate an Emergency Shelter that meets the development standards and regulations contained in Chapter 8.45 (Emergency Shelters). G. Auto - Related Uses in the Scarlett Court Overlay Zoning District. Automobile/ Vehicle Brokerage, Automobile /Vehicle Rental, Automobile /Vehicle Repairs and Service, or Automobile /Vehicle Sales and Service use types that meet the standards specified in Chapter 8.34 (Scarlett Court Overlay Zoning District). H. Tobacco Retailers. Tobacco retailers that meet the standards specified in Chapter 8.43 (Tobacco Retailers). I. Day Care Centers. Day Care Centers that meet the standards specified in Chapter 8.82 (Day Care Centers). 8.116.030 Application. A. Building Permit. The Applicant shall submit a complete application for a Building Permit for a structure or a sign. B. Signs. The Applicant shall submit a complete application for a "Zoning Clearance for Permanent Signs" along with such information requested on said form. C. Recreational Facility (Indoor). If the Zoning Clearance is for a Recreational Facility (Indoor), the Applicant shall submit a "Zoning Clearance for Indoor Recreational Facility" form along with such information requested on said form. D. Large Family Day Care Homes. If the Zoning Clearance is for a Large Family Day Care Home, the Applicant shall submit a "Zoning Clearance for Large Family Day Care Homes" form along with such information requested on said form. E. Reasonable Accommodations for Persons with Disabilities. If the Zoning Clearance is for a Reasonable Accommodation for Persons with Disabilities, the Applicant shall submit the appropriate Zoning Clearance application form provided by the Community Development Department along with the items required in Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities). F. Emergency Shelters. If the Zoning Clearance is for an Emergency Shelter, the Applicant shall submit the appropriate Zoning Clearance application form provided by the Community Development Department along with the items required in Chapter 8.45 (Emergency Shelters). G. Auto - Related Uses in the Scarlett Court Overlay Zoning District. If the Zoning Clearance is for an auto - related use noted above in the Scarlett Court Overlay Zoning District, the Applicant shall submit a "Zoning Clearance for Auto - Related Uses in the Scarlett Court Overlay Zoning District" form along with such information requested on said form. H. Tobacco Retailer. If the Zoning Clearance is for a tobacco retailer, the Applicant shall submit a "Zoning Clearance for Tobacco Retailer' form along with such information requested on said form. 8 of 19 I. Day Care Centers. If the Zoning Clearance is for a Day Care Center, the Applicant shall submit the appropriate Zoning Clearance application form provided by the Community Development Department along with such information requested on said form. 8.116.040 Approval. The Director shall decide zoning clearance applications as follows: A. Building Permit. All building permit applications shall be reviewed for consistency with the regulations of this Title as required by Chapter 8.04, Title, Purpose and Authority. The zoning clearance approval for a building permit shall be a signature and date on the building permit and an initialed and dated stamp of approval on the approved building plans. B. Signs. All signs identified in the sign regulations as requiring a Zoning Clearance shall be applied for and approved as in subsection A of this section, Building Permit. C. Recreational Facility (Indoor). All recreational facilities (indoor) shall be reviewed for compliance with Chapter 8.70 (Recreational Facilities (Indoor)). The zoning clearance approval for a recreational facility (indoor) shall be a completed "Zoning Clearance for Recreational Facilities (Indoor)" application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his /her designee. D. Large Family Day Care Homes. All large family day care homes shall be reviewed for compliance with Chapter 8.66 (Large Family Day Care Homes). The zoning clearance approval for large family day care homes shall be a completed "Zoning Clearance for Large Family Day Care Homes" application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his /her designee. E. Reasonable Accommodations for Persons with Disabilities. All requests for reasonable accommodations shall be reviewed for compliance with Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities). The Zoning Clearance approval for a reasonable accommodation request shall be a completed Zoning Clearance application form and any pertinent attachments as required on the form with the date and the signature of the Community Development Director or his /her designee. F. Emergency Shelters. All requests for Emergency Shelters shall be reviewed for compliance with Chapter 8.45 (Emergency Shelters). The Zoning Clearance approval for an Emergency Shelter shall be a completed Zoning Clearance application form and any pertinent attachments as required on the form with the date and the signature of the Community Development Director or his /her designee. G. Auto - Related Uses in the Scarlett Court Overlay Zoning District. Auto - related uses in the Scarlett Court Overlay Zoning District shall be reviewed for compliance with Chapter 8.34 (Scarlett Court Overlay Zoning District). The Zoning Clearance approval shall be a completed "Zoning Clearance for Auto - Related Uses in the Scarlett Court Overlay Zoning District" application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his /her designee. 9 of 19 H. Tobacco Retailer. All tobacco retailers shall be reviewed for compliance with Chapter 8.43 (Tobacco Retailers). The zoning clearance approval for a tobacco retailer shall be a completed "Zoning Clearance for Tobacco Retailers" application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his /her designee. I. Day Care Centers. All Day Care Centers shall be reviewed for compliance with Chapter 8.82 (Day Care Centers). The Zoning Clearance approval for Day Care Centers shall be a completed "Zoning Clearance for Day Care Centers" application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his /her designee. 8.116.050 Expiration of Zoning Clearance. A. Building Permit. A Zoning Clearance issued in conjunction with a Building Permit shall expire when the Building Permit expires. B. Signs. A Zoning Clearance issued in conjunction with a sign shall expire when the sign is removed. C. Recreational Facility (Indoor). A Zoning Clearance issued in conjunction with a Recreational Facility (Indoor) shall expire when the use is no longer operational. D. Large Family Day Care Home. A Zoning Clearance issued in conjunction with a large Family Day Care Home shall expire when the use is no longer operational. E. Reasonable Accommodation for Persons with Disabilities. A Zoning Clearance issued in conjunction with a Reasonable Accommodation for Persons with Disabilities shall expire when the lawfully established reasonable accommodation is no longer being used by a person(s) with a disability as required by Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities). A lawfully established reasonable accommodation may remain in place as a legal nonconforming structure subject to Chapter 8.140 (Nonconforming Structures and Uses). F. Emergency Shelters. A Zoning Clearance issued in conjunction with an Emergency Shelter shall expire when the use is no longer operational. G. Auto - Related Uses in the Scarlett Court Overlay Zoning District. A Zoning Clearance issued in conjunction with an auto - related use in the Scarlett Court Overlay Zoning District shall expire when the use is no longer operational. H. Tobacco Retailers. A Zoning Clearance issued in conjunction with a tobacco retailer shall expire when the use is no longer operational. I. Day Care Centers. A Zoning Clearance issued in conjunction with a Day Care Center shall expire when the use is no longer operational. 10 of 19 SECTION 23: Title 8 of the Dublin Municipal Code is hereby amended to add the following Chapter: CHAPTER 8.82 DAY CARE CENTERS 8.82.010 Purpose. The purpose of this Chapter is to establish regulations for the location and operation of Day Care Centers. 8.82.020 Intent. The intent of this Chapter is to: A. Establish a ministerial process for the review and approval of Day Care Centers. B. Establish development standards and regulations for the location and operation of Day Care Centers within the City. C. Reduce the potential for noise impacts from Day Care Centers when located adjacent to a residential land use. 8.82.030 Permitting Procedure. A. A Day Care Center that meets the Development Standards and Regulations contained in this Chapter shall be subject to approval of a Zoning Clearance by the Community Development Director and shall be processed in accordance with Chapter 8.116 (Zoning Clearance). B. A Day Care Center that does not meet the Development Standards and Regulations contained in this Chapter shall be subject to approval of a Minor Use Permit and shall be processed in accordance with Chapter 8.102 (Minor Use Permit). 8.82.040 Development Standards and Regulations. An application for a Zoning Clearance to establish a Day Care Center shall comply with the following development standards and regulations: A. Permitted in all Zoning Districts except A (Agricultural) and comparable PD (Planned Development) Zoning Districts. A Day Care Center may be established in all Zoning Districts with the exception of the A (Agricultural) Zoning District and comparable PD (Planned Development) Zoning Districts with similar agricultural uses. A Day Care Center may be established in other PD (Planned Development) Zoning Districts if not specifically prohibited by the PD regulations and if the project site does not have a Rural Residential /Agricultural or Open Space General Plan Land Use designation. Any PD regulations which require a Conditional Use Permit for Day Care Centers shall be superseded by this Chapter and shall be subject to the requirements of this Chapter. B. Parking. The Day Care Center shall provide the amount of parking required in Section 8.76.080 (Parking Requirements by Use Type) of the Off - Street Parking and Loading Regulations. 11 of 19 C. Drop- Off/Pick -Up. A Day Care Center that provides care for non - school aged children shall have staggered drop -off and pick -up of children across a minimum 1 -hour time period. D. Hours of Operation. Hours of operation for a Day Care Center shall be limited to between 6:00 a.m. and 9:00 p.m. Monday through Friday. E. Outdoor Play Activity Hours. Outdoor play activities involving children associated with a Day Care Center that is located on a parcel of land that either shares a property line with a residential use or borders a vacant parcel that shares a property line with a residential use shall be limited to between 9:00 a.m. and 6:00 p.m. Monday through Friday. Outdoor play activities involving children associated with a Day Care Center that does not share a property line with a residential use or border a vacant parcel that shares a property line with a residential use shall be limited to between 8:00 a.m. and 7:00 p.m. Monday through Friday. F. Outdoor Play Area. 1. Site Development Review Required. Modifications to existing outdoor play area(s) or the establishment of new outdoor play area(s) for use by children associated with a Day Care Center shall be subject to Chapter 8.104 (Site Development Review). 2. Day Care Center Adjacent to Residential Land Use. A Day Care Center that is located on a parcel of land that shares a property line with a residential land use or borders a vacant parcel that shares a property line with a residential land use and proposes to use an existing outdoor play area(s) or establish a new outdoor play area(s) shall be limited in the amount of outdoor play as set forth in Table 1, Number of Children -Hours per Day within an Outdoor Play Area and section 8.82.050. 3. Day Care Center Across from a Residential Land Use. A Day Care Center that proposes to use an existing outdoor play area(s) or establish a new outdoor play area(s) and is not adjacent to a residential land use as defined above in 8.82.040.F.2 but is located along a residential street or residential collector street (as defined in the Dublin General Plan) that has residential land uses shall be reviewed by the Community Development Director to determine whether a Zoning Clearance or Minor Use Permit shall be required. Table 1. Number of Children -Hours per Dav within an Outdoor Plav Area Distance from Center of Play Area to Residential Property Line (Distance "A ") ' Quieter ' Moderate Noisier ' , Max. Number of Children -Hours per Day 0 -9 feet 0 0 0 10 -14 feet 2 5 8 12 of 19 15 -19 feet 4 12 18 20 -24 feet 7 20 33 25 -29 feet 10 35 50 30 -39 feet 16 50 75 40 -49 feet 28 90 130 50 -59 feet 45 140 200 60 -74 feet 60 200 300 75 -99 feet 100 300 450 100+ feet 180 500 800 Note: A distance that results in a fraction of 0.5 or greater shall be rounded up to the nearest whole foot. G. Noise /Nuisance. All outdoor activities involving children shall occur within a designated Outdoor Play Area(s) and shall be monitored and controlled so as not to create unusual or unnecessary noise that may disturb or annoy persons living or working in the vicinity. H. Signs. All signs associated with a Day Care Center shall conform to Chapter 8.84 (Sign Regulations). I. State of California Licensing. Any Day Care Center that is required to obtain a license from the State of California to operate shall submit a copy to the Community Development Department prior to establishment of the Day Care Center and shall keep said license current and valid throughout the life of the Day Care Center. If a Day Care Center is exempt from licensing by the State of California as a child care center because they are registered as a Heritage School, proof of registration shall be submitted to the Community Development Department prior to the establishment of the Day Care Center and shall be kept current and valid throughout the life of the Day Care Center. J. Business License. The operator of the Day Care Center shall obtain a City of Dublin Business License prior to establishing the Day Care Center. The Business License shall remain current and valid throughout the life of the Day Care Center. K. Compliance with Local Ordinances. The operator of the Day Care Center shall comply with all applicable City of Dublin Ordinances including, but not limited to, Chapter 5.56 (Smoking Pollution Control); Chapter 5.64 (Property Maintenance); and, Chapter 7.32 (Building Security). 13 of 19 8.82.050 Determining the Number of Children -Hours per Day within an Outdoor Play Area. A. Procedures. In order to determine the allowable "Maximum Number of Children -Hours per Day" as set forth in Table 1 (refer to Section 8.82.0405) the following procedures shall apply: 1. Identify the location of the outdoor play area on the Applicant's Site Plan and determine the center of the play area (refer to Section 8.82.050.13). 2. Measure the distance from the center of the play area to the nearest residential property line (refer to Section 8.82.050.C). Mark the location on the nearest residential property line as the "Ambient Noise Level Measurement Location" or "ANLML ". 3. Measure the distance from the ANLML to the edge of the nearest freeway (refer to Section 8.82.050.D) and nearby roadways (refer to Section 8.82.050.E). Based on the measured distances and visibility of the nearest freeway and nearby roadways, determine the Ambient Noise Level (Quieter, Moderate or Noisier) at the ANLML (refer to Section 8.82.0505). 4. Locate the applicable Distance "A" in Table 1 and the applicable Ambient Noise Level (Quieter, Moderate or Noisier). Where the row and column intersect is the maximum number of children -hours per day allowed (refer to Section 8.82.050.G). 5. Calculate the Applicant's proposed number of children -hours per day (refer to Section 8.82.050.H). Compare this number with the maximum number of children -hours per day allowed from Table 1 (refer to Section 8.82.050.A.4). If the Applicant's number is less than the number obtained from Table 1, the project meets the required development standard. If the Applicant's number is more than the number obtained from Table 1, the Applicant may choose to reduce their number of children -hours or apply for a Minor Use Permit. B. Determining the Center of the Play Area. The center of the play area is determined by drawing two diagonal lines from opposite corners of the play area. The center of the play area is the location where the two lines intersect. Any portion of a play area that is blocked from the nearest residential property line by a building shall be disregarded when determining the center of the play area. Refer to Section 8.82.060, Figure 1. C. Determining the Distance from the Center of the Play Area to a Residential Property Line (Distance "A "). Distance "A" shall be measured as the shortest, straight - line distance between the center of the play area to the nearest residential property line. The location on the nearest residential property line shall be the "Ambient Noise Level Measurement Location" or "ANLML ". Refer to Section 8.82.060, Figure 1. D. Determining the Distance from the Ambient Noise Level Measurement Location (ANLML) to the Nearest Freeway (Distance "X "). Distance "X" shall be measured as the shortest, straight -line distance from the ANLML to the edge of the traveled way of the nearest freeway. Refer to Section 8.82.060, Figures 2 and 3. 14 of 19 E. Determining the Distance from the Ambient Noise Level Measurement Location (ANLML) to the Nearest Roadway(s) (Distance "Y "). Distance "Y" shall be measured as the shortest, straight -line distance from the ANLML to the edge of the traveled way of the nearest Arterial or Class I Collector, as defined in the Dublin General Plan. Refer to Section 8.82.060, Figures 2 and 3. F. Determining the Ambient Noise Level. The existing noise environment is defined by one of three Ambient Noise Level categories: Quieter, Moderate and Noisier. Each category describes the existing noise environment based on the proximity and visibility of freeways and /or roadways to the "Ambient Noise Level Measurement Location" (refer to 8.82.050.C). The following describes the characteristics of each Ambient Noise Level category: 1. Quieter Noise Environment. A "Quieter" noise environment is when the "Ambient Noise Level Measurement Location" meets all of the following criteria: 1) is at least 500 -feet from the edge of the traveled way of a freeway; 2) is at least 200 -feet from the edge of the traveled way of an Arterial or Class I Collector (as defined in the Dublin General Plan); and, 3) the line -of -sight to all freeways and roadways (except Residential and Residential Collector streets, as defined in the General Plan) is blocked by buildings and /or terrain (not including vegetation). Refer to Section 8.82.060, Figure 2. 2. Moderate Noise Environment. A location shall be considered a "Moderate" noise environment if it does not meet the criteria for a "Quieter' noise environment or a "Noisier" noise environment. 3. Noisier Noise Environment. A "Noisier' noise environment is when the "Ambient Noise Level Measurement Location" meets the following criteria: 1) is within 150 -feet of the edge of the traveled way of a freeway or within 75 -feet of the traveled way of an Arterial or Class I Collector (as defined in the Dublin General Plan); and, 2) there is at least a partial line -of -sight to the freeway, Arterial or Class I Collector street. Refer to Section 8.82.060, Figure 3. G. Determining the Maximum Number of Children -Hours per Day Allowed. The maximum number of children -hours per day allowed within the outdoor play area is set forth in Table 1 and shall be determined based on the distance between the center of the play area and the closest residential property line (Distance "A ") and the Ambient Noise Level (Quieter, Moderate or Noisier). H. Calculating the Applicant's Number of Children -Hours per Day. The Applicant's Number of Children -Hours per Day shall be calculated by multiplying the number of children in the outdoor play area at any given time by the number of outdoor play periods per day by the duration of the outdoor play period(s). For example, if 30 children use the outdoor play area 4 times a day for 45- minutes each time then the total "children -hours per day" is calculated as follows: 30 children x 4 play times x .75 (45 minutes equals .75 of 1 hour) = 90 Children -Hours per day. If the number of children and /or the duration of play varies throughout the day then each play period shall be calculated individually and summed for the total Children -Hours per day. 15 of 19 8.82.060 Figures Figure 1. CITY 4F DUBLIN v NOT TO SCALE DAY CARE CENTER (CP) I PLAY AREA bil fl 1 90, ANLML ..... AMBIENT NOISE LEVEL MEASUREMENT LOCATION 0 (CP) ..... CENTER POINT OF PLAY AREA DISTANCE °A" ..... FROM CENTER POINT OF PLAY AREA TO RESIDENTIAL PROPERTY LINE �L ..... PROPERTY LINE Note: Adjacent street types are shown as examples to illustrate the development standards contained in the text of this Chapter and do not represent a requirement that Day Care Centers be located along Arterial or Class I Collector Streets or be adjacent to Residential Collector Streets. 16 of 19 Figure 2. CITY of DUBLIN "QUIETER ENVIRONMENT" BUILDING U10IhfYLC A = avv DISTANCE Y >_ 200' DAY CARE CENTER COLLECTOR LEGEND ANLML ..... AMBIENT NOISE LEVEL MEASUREMENT LOCATION 0 (CP) ..... CENTER POINT OF PLAY AREA DISTANCE "X ..... FROM ANLML TO NEAREST FREEWAY DISTANCE "Y" ..... FROM ANLML TO NEAREST ARTERIAL OR CLASS I COLLECTOR ..... LINE OF SIGHT TO NEAREST FREEWAY AND NEAREST ARTERIAL OR CLASS I COLLECTOR NOT TO SCALE BLOCKED Note: Adjacent street types are shown as examples to illustrate the development standards contained in the text of this Chapter and do not represent a requirement that Day Care Centers be located along Arterial or Class I Collector Streets or be adjacent to Residential Collector Streets. 17 of 19 Figure 3. DISTANCE 'Y*:� 150' DISTA�NCI PARPAI, Cod OF 91SH7 NOT TO SrAE ALL RUh DING LBAW ANLML ... AMWENT N06E LEVEL WASUREMENT LOCA770N 0 CENTER O�VWT Of' HAY AREA DSTANCE '*X" ... FROM AM W 70 NEAREST FREEWAY PSTANCE "Y" FROM ANiML TO NEAREST APTERIAL OR 0ASS f COLLECTOR i)NE OF Sh,^;�47 FROU AM W I 11 Note- Adjacent street types are shown as examples to illustrate the development standards contained in the text of this Chapter and do not represent a requirement that Day Care Centers be located along Arterial or Class I Collector Streets or be adjacent to Residential Collector Streets. 18 of 19 Effective Date and Posting of Ordinance This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of California. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this _ 15th day of October, 2013, by the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 19 of 19 Mayor ORDINANCE NO. xx — 13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * ** APPROVING 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), 8.116 (ZONING CLEARANCE) AND THE CREATION OF CHAPTER 8.82 (DAY CARE CENTERS) EFFECTIVE CITY -WIDE PLPA- 2012 -00037 WHEREAS, 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; and WHEREAS, on July 17, 2012, Staff presented the report to the City Council and were directed 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; and WHEREAS, based on the City Council's direction, Staff has prepared a new Zoning Ordinance chapter to regulate the establishment of Day Care Centers; and WHEREAS, 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; and WHEREAS, the Planning Commission held a public hearing on September 10, 2013 and adopted Resolution 13 -27 recommending City Council adoption of the proposed Zoning Ordinance Amendments; and WHEREAS, a Staff Report was submitted to the City of Dublin City Council recommending approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the City Council held a public hearing on the project on October 1, 2013, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: SECTION 1: Pursuant to Section 8.120.050.13 of the Dublin Municipal Code, the City Council hereby finds that the Zoning Ordinance Amendments 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. SECTION 2: Compliance with California Environmental Quality Act ( "CEQA "): 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, the City Council hereby finds the project 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. SECTION 3: Section 8.08.020 (Definitions (A -Z)) of Title 8 of the Dublin Municipal Code is hereby amended to revise the following definitions to read as follows: Day Care Center (use type). The term Day Care Center shall mean any 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. 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. 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 2of19 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. SECTION 4: Section 8.08.020 (Definitions (A -Z) of Title 8 of the Dublin Municipal Code is hereby amended to add the following definition: 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. SECTION 5: Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the Dublin Municipal Code is hereby amended to revise the Day Care Center Commercial Use Type to read as follows: 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 - ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ ZC/ (15+ persons) MUP MUP MUP MUP MUP MUP MUP MUP MUP MUP (see Chapter 8.82) SECTION 6: Section 8.76.050.D (Parking Exception) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: D. Parking Exception. 1. Unusual Design Situations. The Director of Community Development may grant a Parking Exception of up to 10% of the required parking spaces when necessary due to unusual design situations. A study shall be prepared by a traffic engineer addressing the request for a Parking Exception. Any approval of a Parking Exception shall be subject to the approval of that study by the Community Development Director. 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 3 of 19 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. SECTION 7: Section 8.76.060.K (Re- Striping of Parking Lots) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 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 Site Development Review Waiver. SECTION 8: Section 8.76.080.D (Commercial Use Types) of Title 8 of the Dublin Municipal Code is hereby amended to revise the Number of Parking Spaces Required for the Commercial Use Types Day Care Center and Health Services /Clinics as follows: 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 Health Services /Clinics 1 per 250 square feet SECTION 9: Section 8.104.020.G (Retaining Walls) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 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. SECTION 10: Section 8.104.020 (Exemptions from Site Development Review) of Title 8 of the Dublin Municipal Code is hereby amended to add the following section: H. Minor Exterior Modifications to Glass Storefronts. Modifications to existing glass storefronts in Commercial and Industrial Zoning Districts 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. 4 of 19 SECTION 11: Section 8.104.030.A.1 (Single Family Residential Landscape Modification) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 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 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. SECTION 12: Section 8.104.030.A.2 (Multifamily, Commercial and Industrial Improvements) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 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. SECTION 13: Section 8.104.030.A.2.g (Minor Site Layout Modification) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: g. Minor Site Layout Modification. A minor modification to the layout of the site including new paving areas, sidewalks, new or modified outdoor play areas for use by children associated with a Day Care Center or other similar improvements as determined by the Community Development Director. SECTION 14: Section 8.104.030.A.2.h (Window Modifications) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: h. Window Modifications replacement windows, Modifications to Glass materials which may of Development Director. Window modifications which include new and unless otherwise exempted under Minor Exterior Storefronts, frosting, tinting or the addition of other )scure a window as determined by the Community 5 of 19 SECTION 15: Section 8.104.030.A.2 (Multifamily, Commercial and Industrial Improvements) of Title 8 of the Dublin Municipal Code is hereby amended to add the following subsection: 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). SECTION 16: Section 8.104.040.A.1 (Accessory Structures) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 1. Accessory Structures. Accessory structures, excluding trash enclosures, which are greater than 120 square feet in size in the R -M, Commercial, or Industrial Zoning Districts, or Planned Development Zoning Districts with multifamily or nonresidential uses and are visible from any street or located adjacent to a property in the R -1 or R -2 Zoning District or a Planned Development Zoning District with similar residential uses. SECTION 17: Section 8.104.040.A.3 (Agricultural Accessory Structures) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 3. Agricultural Accessory Structures. All agricultural accessory structures. SECTION 18: Section 8.104.040.A.7 (Residential Additions) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 7. 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 19: Section 8.104.040.A.8 (Residential Demolition and Construction) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 8. 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. 6 of 19 SECTION 20: Section 8.104.040.A (Community Development Director) of Title 8 of the Dublin Municipal Code is hereby amended to add the following subsection: 14.Trash Enclosures. Modifications to an existing trash enclosure(s) or the construction of a new trash enclosure(s) 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. SECTION 21: Section 8.104.040.13.1 (Exception to Accessory Structure Requirements) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 1. Exception to Accessory Structure Requirements. An exception to the requirements of Section 8.40.020.F.2 of Chapter 8.40 (Accessory Structures). SECTION 22: Chapter 8.116 (Zoning Clearance) of Title 8 of the Dublin Municipal Code is hereby amended to read as follows: 8.116.010 Purpose. The purpose of this Chapter is to establish a procedure for certifying conformance of a Zoning Clearance application with the requirements of this Title, the General Plan, any applicable Specific Plans, and the terms and conditions of any applicable permits or variances. 8.116.020 Applications Requiring a Zoning Clearance. A. Building permit. B. Signs. All signs which have been identified in Chapter 8.84, Sign Regulations, as requiring a zoning clearance. C. Recreational Facility (Indoor). Recreational facilities (indoor) that meet the standards specified in Chapter 8.70 (Recreational Facilities (Indoor)). D. Large Family Day Care Home. Large family day care homes that meet the standards specified in Chapter 8.66 (Large Family Day Care Homes). E. Reasonable Accommodations for Persons with Disabilities. Requests for reasonable accommodation that meet the development standards and regulations contained in Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities). 7 of 19 F. Emergency Shelters. Requests to establish and operate an Emergency Shelter that meets the development standards and regulations contained in Chapter 8.45 (Emergency Shelters). G. Auto - Related Uses in the Scarlett Court Overlay Zoning District. Automobile/ Vehicle Brokerage, Automobile /Vehicle Rental, Automobile /Vehicle Repairs and Service, or Automobile /Vehicle Sales and Service use types that meet the standards specified in Chapter 8.34 (Scarlett Court Overlay Zoning District). H. Tobacco Retailers. Tobacco retailers that meet the standards specified in Chapter 8.43 (Tobacco Retailers). I. Day Care Centers. Day Care Centers that meet the standards specified in Chapter 8.82 (Day Care Centers). 8.116.030 Application. A. Building Permit. The Applicant shall submit a complete application for a Building Permit for a structure or a sign. B. Signs. The Applicant shall submit a complete application for a "Zoning Clearance for Permanent Signs" along with such information requested on said form. C. Recreational Facility (Indoor). If the Zoning Clearance is for a Recreational Facility (Indoor), the Applicant shall submit a "Zoning Clearance for Indoor Recreational Facility" form along with such information requested on said form. D. Large Family Day Care Homes. If the Zoning Clearance is for a Large Family Day Care Home, the Applicant shall submit a "Zoning Clearance for Large Family Day Care Homes" form along with such information requested on said form. E. Reasonable Accommodations for Persons with Disabilities. If the Zoning Clearance is for a Reasonable Accommodation for Persons with Disabilities, the Applicant shall submit the appropriate Zoning Clearance application form provided by the Community Development Department along with the items required in Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities). F. Emergency Shelters. If the Zoning Clearance is for an Emergency Shelter, the Applicant shall submit the appropriate Zoning Clearance application form provided by the Community Development Department along with the items required in Chapter 8.45 (Emergency Shelters). G. Auto - Related Uses in the Scarlett Court Overlay Zoning District. If the Zoning Clearance is for an auto - related use noted above in the Scarlett Court Overlay Zoning District, the Applicant shall submit a "Zoning Clearance for Auto - Related Uses in the Scarlett Court Overlay Zoning District" form along with such information requested on said form. H. Tobacco Retailer. If the Zoning Clearance is for a tobacco retailer, the Applicant shall submit a "Zoning Clearance for Tobacco Retailer' form along with such information requested on said form. 8 of 19 I. Day Care Centers. If the Zoning Clearance is for a Day Care Center, the Applicant shall submit the appropriate Zoning Clearance application form provided by the Community Development Department along with such information requested on said form. 8.116.040 Approval. The Director shall decide zoning clearance applications as follows: A. Building Permit. All building permit applications shall be reviewed for consistency with the regulations of this Title as required by Chapter 8.04, Title, Purpose and Authority. The zoning clearance approval for a building permit shall be a signature and date on the building permit and an initialed and dated stamp of approval on the approved building plans. B. Signs. All signs identified in the sign regulations as requiring a Zoning Clearance shall be applied for and approved as in subsection A of this section, Building Permit. C. Recreational Facility (Indoor). All recreational facilities (indoor) shall be reviewed for compliance with Chapter 8.70 (Recreational Facilities (Indoor)). The zoning clearance approval for a recreational facility (indoor) shall be a completed "Zoning Clearance for Recreational Facilities (Indoor)" application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his /her designee. D. Large Family Day Care Homes. All large family day care homes shall be reviewed for compliance with Chapter 8.66 (Large Family Day Care Homes). The zoning clearance approval for large family day care homes shall be a completed "Zoning Clearance for Large Family Day Care Homes" application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his /her designee. E. Reasonable Accommodations for Persons with Disabilities. All requests for reasonable accommodations shall be reviewed for compliance with Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities). The Zoning Clearance approval for a reasonable accommodation request shall be a completed Zoning Clearance application form and any pertinent attachments as required on the form with the date and the signature of the Community Development Director or his /her designee. F. Emergency Shelters. All requests for Emergency Shelters shall be reviewed for compliance with Chapter 8.45 (Emergency Shelters). The Zoning Clearance approval for an Emergency Shelter shall be a completed Zoning Clearance application form and any pertinent attachments as required on the form with the date and the signature of the Community Development Director or his /her designee. G. Auto - Related Uses in the Scarlett Court Overlay Zoning District. Auto - related uses in the Scarlett Court Overlay Zoning District shall be reviewed for compliance with Chapter 8.34 (Scarlett Court Overlay Zoning District). The Zoning Clearance approval shall be a completed "Zoning Clearance for Auto - Related Uses in the Scarlett Court Overlay Zoning District" application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his /her designee. 9 of 19 H. Tobacco Retailer. All tobacco retailers shall be reviewed for compliance with Chapter 8.43 (Tobacco Retailers). The zoning clearance approval for a tobacco retailer shall be a completed "Zoning Clearance for Tobacco Retailers" application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his /her designee. I. Day Care Centers. All Day Care Centers shall be reviewed for compliance with Chapter 8.82 (Day Care Centers). The Zoning Clearance approval for Day Care Centers shall be a completed "Zoning Clearance for Day Care Centers" application form and any pertinent attachments as required on the form with the date and signature of the Community Development Director or his /her designee. 8.116.050 Expiration of Zoning Clearance. A. Building Permit. A Zoning Clearance issued in conjunction with a Building Permit shall expire when the Building Permit expires. B. Signs. A Zoning Clearance issued in conjunction with a sign shall expire when the sign is removed. C. Recreational Facility (Indoor). A Zoning Clearance issued in conjunction with a Recreational Facility (Indoor) shall expire when the use is no longer operational. D. Large Family Day Care Home. A Zoning Clearance issued in conjunction with a large Family Day Care Home shall expire when the use is no longer operational. E. Reasonable Accommodation for Persons with Disabilities. A Zoning Clearance issued in conjunction with a Reasonable Accommodation for Persons with Disabilities shall expire when the lawfully established reasonable accommodation is no longer being used by a person(s) with a disability as required by Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities). A lawfully established reasonable accommodation may remain in place as a legal nonconforming structure subject to Chapter 8.140 (Nonconforming Structures and Uses). F. Emergency Shelters. A Zoning Clearance issued in conjunction with an Emergency Shelter shall expire when the use is no longer operational. G. Auto - Related Uses in the Scarlett Court Overlay Zoning District. A Zoning Clearance issued in conjunction with an auto - related use in the Scarlett Court Overlay Zoning District shall expire when the use is no longer operational. H. Tobacco Retailers. A Zoning Clearance issued in conjunction with a tobacco retailer shall expire when the use is no longer operational. I. Day Care Centers. A Zoning Clearance issued in conjunction with a Day Care Center shall expire when the use is no longer operational. 10 of 19 SECTION 23: Title 8 of the Dublin Municipal Code is hereby amended to add the following Chapter: CHAPTER 8.82 DAY CARE CENTERS 8.82.010 Purpose. The purpose of this Chapter is to establish regulations for the location and operation of Day Care Centers. 8.82.020 Intent. The intent of this Chapter is to: A. Establish a ministerial process for the review and approval of Day Care Centers. B. Establish development standards and regulations for the location and operation of Day Care Centers within the City. C. Reduce the potential for noise impacts from Day Care Centers when located adjacent to a residential land use. 8.82.030 Permitting Procedure. A. A Day Care Center that meets the Development Standards and Regulations contained in this Chapter shall be subject to approval of a Zoning Clearance by the Community Development Director and shall be processed in accordance with Chapter 8.116 (Zoning Clearance). B. A Day Care Center that does not meet the Development Standards and Regulations contained in this Chapter shall be subject to approval of a Minor Use Permit and shall be processed in accordance with Chapter 8.102 (Minor Use Permit). 8.82.040 Development Standards and Regulations. An application for a Zoning Clearance to establish a Day Care Center shall comply with the following development standards and regulations: A. Permitted in all Zoning Districts except A (Agricultural) and comparable PD (Planned Development) Zoning Districts. A Day Care Center may be established in all Zoning Districts with the exception of the A (Agricultural) Zoning District and comparable PD (Planned Development) Zoning Districts with similar agricultural uses. A Day Care Center may be established in other PD (Planned Development) Zoning Districts if not specifically prohibited by the PD regulations and if the project site does not have a Rural Residential /Agricultural or Open Space General Plan Land Use designation. Any PD regulations which require a Conditional Use Permit for Day Care Centers shall be superseded by this Chapter and shall be subject to the requirements of this Chapter. B. Parking. The Day Care Center shall provide the amount of parking required in Section 8.76.080 (Parking Requirements by Use Type) of the Off - Street Parking and Loading Regulations. 11 of 19 C. Drop- Off/Pick -Up. A Day Care Center that provides care for non - school aged children shall have staggered drop -off and pick -up of children across a minimum 1 -hour time period. D. Hours of Operation. Hours of operation for a Day Care Center shall be limited to between 6:00 a.m. and 9:00 p.m. Monday through Friday. E. Outdoor Play Activity Hours. Outdoor play activities involving children associated with a Day Care Center that is located on a parcel of land that either shares a property line with a residential use or borders a vacant parcel that shares a property line with a residential use shall be limited to between 9:00 a.m. and 6:00 p.m. Monday through Friday. Outdoor play activities involving children associated with a Day Care Center that does not share a property line with a residential use or border a vacant parcel that shares a property line with a residential use shall be limited to between 8:00 a.m. and 7:00 p.m. Monday through Friday. F. Outdoor Play Area. 1. Site Development Review Required. Modifications to existing outdoor play area(s) or the establishment of new outdoor play area(s) for use by children associated with a Day Care Center shall be subject to Chapter 8.104 (Site Development Review). 2. Day Care Center Adjacent to Residential Land Use. A Day Care Center that is located on a parcel of land that shares a property line with a residential land use or borders a vacant parcel that shares a property line with a residential land use and proposes to use an existing outdoor play area(s) or establish a new outdoor play area(s) shall be limited in the amount of outdoor play as set forth in Table 1, Number of Children -Hours per Day within an Outdoor Play Area and section 8.82.050. 3. Day Care Center Across from a Residential Land Use. A Day Care Center that proposes to use an existing outdoor play area(s) or establish a new outdoor play area(s) and is not adjacent to a residential land use as defined above in 8.82.040.F.2 but is located along a residential street or residential collector street (as defined in the Dublin General Plan) that has residential land uses shall be reviewed by the Community Development Director to determine whether a Zoning Clearance or Minor Use Permit shall be required. Table 1. Number of Children -Hours per Dav within an Outdoor Plav Area Distance from Center of Play Area to Residential Property Line (Distance "A ") ' Quieter ' Moderate Noisier ' , Max. Number of Children -Hours per Day 0 -9 feet 0 0 0 10 -14 feet 2 5 8 12 of 19 15 -19 feet 4 12 18 20 -24 feet 7 20 33 25 -29 feet 10 35 50 30 -39 feet 16 50 75 40 -49 feet 28 90 130 50 -59 feet 45 140 200 60 -74 feet 60 200 300 75 -99 feet 100 300 450 100+ feet 180 500 800 Note: A distance that results in a fraction of 0.5 or greater shall be rounded up to the nearest whole foot. G. Noise /Nuisance. All outdoor activities involving children shall occur within a designated Outdoor Play Area(s) and shall be monitored and controlled so as not to create unusual or unnecessary noise that may disturb or annoy persons living or working in the vicinity. H. Signs. All signs associated with a Day Care Center shall conform to Chapter 8.84 (Sign Regulations). I. State of California Licensing. Any Day Care Center that is required to obtain a license from the State of California to operate shall submit a copy to the Community Development Department prior to establishment of the Day Care Center and shall keep said license current and valid throughout the life of the Day Care Center. If a Day Care Center is exempt from licensing by the State of California as a child care center because they are registered as a Heritage School, proof of registration shall be submitted to the Community Development Department prior to the establishment of the Day Care Center and shall be kept current and valid throughout the life of the Day Care Center. J. Business License. The operator of the Day Care Center shall obtain a City of Dublin Business License prior to establishing the Day Care Center. The Business License shall remain current and valid throughout the life of the Day Care Center. K. Compliance with Local Ordinances. The operator of the Day Care Center shall comply with all applicable City of Dublin Ordinances including, but not limited to, Chapter 5.56 (Smoking Pollution Control); Chapter 5.64 (Property Maintenance); and, Chapter 7.32 (Building Security). 13 of 19 8.82.050 Determining the Number of Children -Hours per Day within an Outdoor Play Area. A. Procedures. In order to determine the allowable "Maximum Number of Children -Hours per Day" as set forth in Table 1 (refer to Section 8.82.0405) the following procedures shall apply: 1. Identify the location of the outdoor play area on the Applicant's Site Plan and determine the center of the play area (refer to Section 8.82.050.13). 2. Measure the distance from the center of the play area to the nearest residential property line (refer to Section 8.82.050.C). Mark the location on the nearest residential property line as the "Ambient Noise Level Measurement Location" or "ANLML ". 3. Measure the distance from the ANLML to the edge of the nearest freeway (refer to Section 8.82.050.D) and nearby roadways (refer to Section 8.82.050.E). Based on the measured distances and visibility of the nearest freeway and nearby roadways, determine the Ambient Noise Level (Quieter, Moderate or Noisier) at the ANLML (refer to Section 8.82.0505). 4. Locate the applicable Distance "A" in Table 1 and the applicable Ambient Noise Level (Quieter, Moderate or Noisier). Where the row and column intersect is the maximum number of children -hours per day allowed (refer to Section 8.82.050.G). 5. Calculate the Applicant's proposed number of children -hours per day (refer to Section 8.82.050.H). Compare this number with the maximum number of children -hours per day allowed from Table 1 (refer to Section 8.82.050.A.4). If the Applicant's number is less than the number obtained from Table 1, the project meets the required development standard. If the Applicant's number is more than the number obtained from Table 1, the Applicant may choose to reduce their number of children -hours or apply for a Minor Use Permit. B. Determining the Center of the Play Area. The center of the play area is determined by drawing two diagonal lines from opposite corners of the play area. The center of the play area is the location where the two lines intersect. Any portion of a play area that is blocked from the nearest residential property line by a building shall be disregarded when determining the center of the play area. Refer to Section 8.82.060, Figure 1. C. Determining the Distance from the Center of the Play Area to a Residential Property Line (Distance "A "). Distance "A" shall be measured as the shortest, straight - line distance between the center of the play area to the nearest residential property line. The location on the nearest residential property line shall be the "Ambient Noise Level Measurement Location" or "ANLML ". Refer to Section 8.82.060, Figure 1. D. Determining the Distance from the Ambient Noise Level Measurement Location (ANLML) to the Nearest Freeway (Distance "X "). Distance "X" shall be measured as the shortest, straight -line distance from the ANLML to the edge of the traveled way of the nearest freeway. Refer to Section 8.82.060, Figures 2 and 3. 14 of 19 E. Determining the Distance from the Ambient Noise Level Measurement Location (ANLML) to the Nearest Roadway(s) (Distance "Y "). Distance "Y" shall be measured as the shortest, straight -line distance from the ANLML to the edge of the traveled way of the nearest Arterial or Class I Collector, as defined in the Dublin General Plan. Refer to Section 8.82.060, Figures 2 and 3. F. Determining the Ambient Noise Level. The existing noise environment is defined by one of three Ambient Noise Level categories: Quieter, Moderate and Noisier. Each category describes the existing noise environment based on the proximity and visibility of freeways and /or roadways to the "Ambient Noise Level Measurement Location" (refer to 8.82.050.C). The following describes the characteristics of each Ambient Noise Level category: 1. Quieter Noise Environment. A "Quieter" noise environment is when the "Ambient Noise Level Measurement Location" meets all of the following criteria: 1) is at least 500 -feet from the edge of the traveled way of a freeway; 2) is at least 200 -feet from the edge of the traveled way of an Arterial or Class I Collector (as defined in the Dublin General Plan); and, 3) the line -of -sight to all freeways and roadways (except Residential and Residential Collector streets, as defined in the General Plan) is blocked by buildings and /or terrain (not including vegetation). Refer to Section 8.82.060, Figure 2. 2. Moderate Noise Environment. A location shall be considered a "Moderate" noise environment if it does not meet the criteria for a "Quieter' noise environment or a "Noisier" noise environment. 3. Noisier Noise Environment. A "Noisier' noise environment is when the "Ambient Noise Level Measurement Location" meets the following criteria: 1) is within 150 -feet of the edge of the traveled way of a freeway or within 75 -feet of the traveled way of an Arterial or Class I Collector (as defined in the Dublin General Plan); and, 2) there is at least a partial line -of -sight to the freeway, Arterial or Class I Collector street. Refer to Section 8.82.060, Figure 3. G. Determining the Maximum Number of Children -Hours per Day Allowed. The maximum number of children -hours per day allowed within the outdoor play area is set forth in Table 1 and shall be determined based on the distance between the center of the play area and the closest residential property line (Distance "A ") and the Ambient Noise Level (Quieter, Moderate or Noisier). H. Calculating the Applicant's Number of Children -Hours per Day. The Applicant's Number of Children -Hours per Day shall be calculated by multiplying the number of children in the outdoor play area at any given time by the number of outdoor play periods per day by the duration of the outdoor play period(s). For example, if 30 children use the outdoor play area 4 times a day for 45- minutes each time then the total "children -hours per day" is calculated as follows: 30 children x 4 play times x .75 (45 minutes equals .75 of 1 hour) = 90 Children -Hours per day. If the number of children and /or the duration of play varies throughout the day then each play period shall be calculated individually and summed for the total Children -Hours per day. 15 of 19 8.82.060 Figures Figure 1. NOT TO SCALE Note: Adjacent street types are shown as examples to illustrate the development standards contained in the text of this Chapter and do not represent a requirement that Day Care Centers be located along Arterial or Class I Collector Streets or be adjacent to Residential Collector Streets. 16 of 19 CIT Y OF DUBLIN CENTER OFPLAYAREA RMENM COLLECTOR PLAY AREA ° J r DAY CARE 90. �o CENTER ` (CP) g _ _ ANLML W Z � ' o z w W LEGM ANLML ..... AMBIENT NOISE LEVEL MEASUREMENT LOCATION 0 (CP) ..... CENTER POINT OF PLAY AREA DISTANCE °A" ..... FROM CENTER POINT OF PLAY AREA TO RESIDENTIAL PROPERTY LINE �L ..... PROPERTY LINE NOT TO SCALE Note: Adjacent street types are shown as examples to illustrate the development standards contained in the text of this Chapter and do not represent a requirement that Day Care Centers be located along Arterial or Class I Collector Streets or be adjacent to Residential Collector Streets. 16 of 19 Figure 2. CITY of DUBLIN "QUIETER ENVIRONMENT" BUILDING U10IhfYLC A = avv DISTANCE Y >_ 200' DAY CARE CENTER COLLECTOR LEGEND ANLML ..... AMBIENT NOISE LEVEL MEASUREMENT LOCATION 0 (CP) ..... CENTER POINT OF PLAY AREA DISTANCE "X ..... FROM ANLML TO NEAREST FREEWAY DISTANCE "Y" ..... FROM ANLML TO NEAREST ARTERIAL OR CLASS I COLLECTOR ..... LINE OF SIGHT TO NEAREST FREEWAY AND NEAREST ARTERIAL OR CLASS I COLLECTOR NOT TO SCALE BLOCKED Note: Adjacent street types are shown as examples to illustrate the development standards contained in the text of this Chapter and do not represent a requirement that Day Care Centers be located along Arterial or Class I Collector Streets or be adjacent to Residential Collector Streets. 17 of 19 Figure 3. .. IS TANCE 'Y*:� 150' DISTA�NCI PARPAI, Od OF 91SH7 NOT TO SrAE ALL RUh DING LBAW ANLML ... AMWENT N06E LEVEL WASUREMENT LOCA770N 0 CENTER O�VWT Of' HAY AREA DSTANCE '*X" ... FROM AM W 70 NEAREST FREEWAY PSTANCE "Y" FROM ANiML TO NEAREST APTERIAL OR 0ASS f COLLECTOR i)NE OF Sh,^;�47 FROU AM W I 11 Note: Adjacent street types are shown as examples to illustrate the development standards contained in the text of this Chapter and do not represent a requirement that Day Care Centers be located along Arterial or Class I Collector Streets or be adjacent to Residential Collector Streets. 18 of 19 Effective Date and Posting of Ordinance This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of California. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this 5th day of November, 2013, by the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 19 of 19 Mayor