HomeMy WebLinkAboutOrd 06-13 Zoning Ordinance Amendments ORDINANCE NO. 6 — 13
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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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
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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.B 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
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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
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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.
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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. 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.
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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.
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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.B.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).
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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, AutomobileNehicle Rental, AutomobileNehicle Repairs and Service, or
AutomobileNehicle Sales and Service use types that meet the standards specified in
Chapter 8.34 (Scarlett Court Overlay Zoning District).
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.
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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.
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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.
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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.
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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 •er Da within an Outdoor Pla Area
Distance from Center of
Play Area to Residentia!
Property Line ;k
(Distance "A") Max. Number of Children-Hours per Day
0-9 feet 0 0 0
10-14 feet 2 5 8
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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).
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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.F).
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.
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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.
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8.82.060 Figures
Figure 1.
CITY OFDUBLIN
CENTER OF PLAY AIWA
RESIDENTIAL COLLECTOR
PLAY AREA
DAY CARE
90.
CENTER (CP)
= ANLML
v
0
W
MEND
ANLML AMBIENT NOISE LEVEL MEASUREMENT LOCATION
•(CP) CENTER POINT OF PLAY AREA
DISTANCE A" FROM CENTER POINT OF PLAY AREA TO
RESIDENTIAL PROPERTY LINE
I? 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.
Page 16 of 19
Figure 2.
CITY OF DUBLIN
"QUIETER ENVIRONMENTT"
4.
BUILDING
N7y1L COLLECT
7''
DISTANCE Ts>_ 500'
a
PLAYAREA4 .
DISTANCE 'Y"a 200' DAY CA 'x
CENTER
-- - - �ANLML
LINE OF SIGHT (CP) s
TO FREEWAY
AND ARTERIAL
BLOCKED
RESIDENTIAL 1L'
BUILDING
II .,,.
1
MEM
ANLML AMBIENT NOISE LEVEL MEASUREMENT LOCATION
• (CP) CENTER POINT OF PLAY AREA
DISTANCE "X" FROM ANLML TO NEAREST FREEWAY
DISTANCE Y' FROM ANLML TO NEAREST ARTERIAL OR
CLASS I COLLECTOR
„----..... X 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.
Page 17 of 19
Figure 3.
CITY OF DUBLIN
"NOISIER ENVIRONMENT"
BUILDING
.111 -.- --DISTANCE "X° < 150' REMENWIL COLLECTOR
PLAY
-1-
1--
AREA
DISTANCE "Y" < 75=- DAY CARE
CENTER
441 - • ---71k--ANLML
dN•r••.
BUILDING
PARTIN! *�••,,•
tINE OF SIGHT
LEGEND
ANLML AMBIENT NOISE LEVEL MEASUREMENT LOCATION
• (CP) CENTER POINT OF PLAY AREA
DISTANCE "X" FROM ANLMI TO NEAREST FREEWAY
DISTANCE Y" FROM ANLML TO NEAREST ARTERIAL OR
CLASS I COLLECTOR
•• '''' WE OF Slat-IT FROM AN!MI
NOT TO SG4E
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.
Page 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 this 5th day of November, 2013, by the following
vote:
AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
ATTEST:
City Clerk
Ord. No.6-13,Adopted 11-5-13, Item 4.3
Page 19 of 19