HomeMy WebLinkAbout04-004 ZOA Ch8.12 AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: February 24, 2004
SUBJECT:
PUBLIC HEARING: PA 04-004 Amendments to the Dublin Municipal
Code (Zoning Ordinance) - Amendments to Title 8 of the Dublin
Municipal Code, Zoning Ordinance Chapter 8.12, Zoning Districts and
Permitted Uses of Land; and, Chapter 8.108, Temporary Use Permit
regarding Automobile/Vehicle Storage Lots.
Report Prepared By: Marnie R. Waffle, Assistant Planner ~
ATTACHMENTS:
Resolution recommending City Council approval of amendments to
Title 8 of the Dublin Municipal Code, Zoning Ordinance Chapter
8.12, Zoning Districts and Permitted Uses of Land; and, Chapter
8.108, Temporary Use Permit.
Ordinance amending Title 8 of the Dublin Municipal Code, Zoning
Ordinance Chapter 8.12, Zoning Districts and Permitted Uses of
Land; and, Chapter 8.108, Temporary Use Permit.
RECOMMENDATION:
2.
3.
4.
5.
Open the Public Hearing and receive Staff's presentation.
Take testimony from the Public.
Question Staff and the Public.
Close the Public Hearing and deliberate.
Adopt Resolution (Attachment 1) recommending City Council
approval of amendments to Title 8 of the Dublin Municipal Code,
Zoning Ordinance Chapter 8.12, Zoning Districts and Permitted
Uses of Land; and, Chapter 8.108, Temporary Use Permit.
BACKGROUND:
The Dublin Zoning Ordinance currently regulates Automobile/Vehicle Storage Lots by allowing them to
be established in the C-2, General Commercial and M-1, Light Industrial zoning districts with approval of
a Conditional Use Permit by the Planning Commission.
Recently, it came to Staff's attention through the efforts of zoning enforcement that five
automobile/vehicle storage lots had been established by three of the City's automobile dealerships. These
storage lots were located off-site from the established dealership location and none had obtained a'
Conditional Use Permit approval by the Planning Commission. All three automobile dealerships have
since submitted an application for review by City Staff. In the process of reviewing the Conditional Use
Permit applications, Staff noted that in some of the proposed vehicle storage locations the Zoning
Ordinance requirement for fencing created access and circulation conflicts as well as aesthetic issues.
............................................................................................................
COPIES TO: In-house distribution
ITEMNO. ¢~ {
At the December 9, 2003 Planning Commission meeting, Staff proposed an amendment to the Zoning
Ordinance to remove the requirement that an automobile/vehicle storage lot be screened by a 6-foot high
solid wall or fence. The Planning Commission recommended approval of the amendment and Staff took
the recommendation to the City Council on January 6, 2004.
At the January 6, 2004 City Council meeting, the Council approved the Zoning Ordinance amendment
however, they also expressed three primary concerns over the current regulation of automobile/vehicle
storage lots. Those concerns are as follows: 1) setting a precedent in the community that allows vehicle
storage in shopping center parking lots for an unlimited amount of time; 2) the aesthetic impact to the
community when a storage lot is proposed along a major arterial road; and, 3) the potential for land
owners to be less interested in redeveloping their land when it is profitable to use it for vehicle storage.
The Council directed Staff to prepare a subsequent amendment to the Zoning Ordinance to address these
concerns.
The proposed amendments to the Zoning Ordinance include:
Changing the review and approval process for an automobile/vehicle storage lot in the C-2,
General Commercial Zoning District to a Temporary Use Permit. Under the current regulations,
automobile/vehicle storage lots are subject to a Conditional Use Permit by the Planning
Commission in the C-2, General Commercial zoning district. The amendment proposes to change
this to a Temporary Use Permit process.
Create a new category under the Temporary Use Permit Chapter for automobile/vehicle storage
lot; and establish regulations for such storage lot,'. Currently, there are no categories for
automobile/vehicle storage lots as temporary uses. The amendment proposes to create a new
category as well as regulations for the temporary storage of automobile/vehicle storage lots in C-2,
General Commercial zoning districts.
ANALYSIS:
The City Council's direction to Staff was to evaluate the current regulation of automobile/vehicle storage
lots and propose an amendment to the Zoning Ordinance to address the three concerns outlined above. In
response to those concerns, Staff is proposing that automobile/vehicle storage lots located in C-2, General
Commercial zoning districts be subject to a Temporary Use Permit rather than a Conditional Use Permit
and that certain regulatory criteria be established to effectively regulate them as temporary land uses. The
new regulations would require that an automobile/vehicle storage lot be located a minimum of 100 feet
from any heavily traveled road and be limited to a maximum of 6 consecutive months (one 3 month
extension could be granted under special circumstances).
A conditional use permit process is used for land uses that are not clearly permitted or prohibited because
of their unique nature. Such uses could only be approved if their effect on the surrounding environment
can be made acceptable through application of conditions of approval. The approval of a conditional use
permits is decided at a public hearing before the Zoning Administrator or the Planning Commission.
Certain findings must be made to ensure that the use will not have a negative effect on surrounding uses or
properties. A temporary use permit process is used for temporary land uses that are acceptable because of
their temporary nature. In order for a land use to qualify for a temporary use permit it must meet certain
development standards. These standards ensure that the land use wilt only be temporary and not have a
2
negative impact on surrounding uses or properties. The Director of Community Development approves
temporary use permits.
Staff is proposing that automobile/vehicle storage lots located in C-2, General Commercial zoning
districts be subject to a Temporary Use Permit process subject to the following development standards:
· The establishment of an automobile/vehicle storage lot would be limited to a maximum of 6
consecutive months.
One three-month extension could be granted upon written request, submitted at least 14 calendar
days prior to the expiration of the permit, to the Director of Community Development. The
written request must include a reason for needing an extension other than to simply continue the
land use.
· The storage of vehicles would be limited to those vehicles belonging to an established Dublin
based business.
· The storage lot would not be permitted to be open to the public nor would any sales transactions be
allowed to take place at the storage lot location.
· A temporary use permit granted for an automobile/vehicle storage lot could not be renewed once it
had expired.
A maximum of one temporary use permit could be granted per location within a single calendar
year. A location would be defined as an address, a parcel, or a shopping center, whichever is
larger, as determined by the Director of Community Development.
· A temporary use permit would be denied if it was determined that the Automobile/Vehicle Storage
Lot would eliminate parking required for another use.
· An automobile/vehicle storage lot could not be located within 100 feet of a heavily traveled
roadway.
· The establishment and operation of the use must comply with all standards developed by the
Director of Community Development.
The Temporary Use Permit process is an administrative process subject to review and approval by the
Director of Community Development. If the amendments proposed by Staff are approved,
automobile/vehicle storage lots proposed in C-2, General Commercial zoning districts would be subject to
the Temporary Use Permit process and could no longer be reviewed and approved by way of Conditional
Use Permit. In order for an automobile/vehicle storage lot to be established in the C-2, Commercial
zoning district a Temporary Use Permit would have to be approved and the storage lot would have to meet
the development standards listed above.
The proposed development standards are intended to ensure that the storage of automobiles in C-2,
General Commercial zoning districts are for a limited duration of time to assist automobile dealerships
with the occasional storage of excess vehicles. Because C-2, General Commercial zoning districts lay
along arterial streets within the City, a 100-foot setback from heavily traveled roadways would be required
3
to reduce the potential for adverse visual impacts. Automobile/vehicle storage lots would continue to be a
prohibited use in the C-N, Neighborhood Commercial and C-I, Retail Commercial zoning districts.
The regulation o£ automobile/vehicle storage lots in M-I, Light Industrial zoning districts are not part of
the proposed amendments and would continue to be regulated by way of Conditional Use Permit by the
Planning Commission. The purpose for not including the M-I, Light Industrial zoning district in this
amendment is that M-1 zoning districts are located in areas that are not highly visible from heavily
traveled streets within the City and their industrial nature makes them a more practical location for long
term vehicle storage.
RECOMMENDATION:
Staff recommends that the Planning Commission Open the Public Hearing and receive Staff's
presentation; Take testimony from the Public; Question Staff and the Public; Close the Public Hearing and
deliberate; and, Adopt a Resolution (Attachment 1) recommending City Council approval of Amendments
to Title 8 of the Dublin Municipal Code, Zoning Ordinance Chapter 8.12, Zoning Districts and Permitted
Uses of Land; and, Chapter 8.108, Temporary Use Permit.
4
RESOLUTION NO. 04 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF PA 04-004, AMENDMENTS TO
TITLE 8 OF THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE), CHAPTER 8.12,
ZONING DISTRICTS AND PERMITTED USES OF LAND; AND, CHAPTER 8.108,
TEMPORARY USE PERMIT REGARDING AUTOMOBILE/VEHICLE STORAGE LOTS
WHEREAS, the comprehensive revision to Title 8 of the Dublin Municipal Code (Zoning
Ordinance) (Ord. 20-97) was adopted by the City Council on September 2, 1997; and
WHEREAS, amendments to the Zoning Ordinance have been adopted since 1997 in order to
effectively regulate development within the City; and
WHEREAS, Chapter 8.12, Zoning Districts and Permitted Uses of Land; and, Chapter 8.108
Temporary Use Permit, are being revised to more effectively regulate the establishment of
automobile/vehicle storage lots; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations require that certain projects be reviewed for environmental
impacts and that environmental documents be prepared; and
WHEREAS, the project has been found to be Exempt from the Califomia Environmental Quality
Act (CEQA), according to Section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) may have a
significant effect on the environment; and
WHEREAS, the Planning Commission did hold a public hearing on said amendments to Title 8 of
the Dublin Municipal Code (Zoning Ordinance) on February 24, 2004, for which proper notice was given
in accordance with California State Law; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission
recommend City Council approval of the amendments to Title 8 of the Dublin Municipal Code (Zoning
Ordinance); and
WHEREAS, the Planning Commission at its February 24, 2004, meeting did hear and use its
independent judgment and considered all said reports, recommendations, and testimony hereinabove set
forth.
NOW, THEREFORE, BE IT RESOLVED THAT, the Dublin Planning Commission does
hereby find that, the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) Chapter
8.12, Definitions; Chapter 8.108, Temporary Use Permit do not represent changes that may have a
significant effect on the environment (CEQA, Section 15061(b)(3)); the amendments are consistent with
the General Plan and all applicable Specific Plans; and, recommends that the City Council amend said
ATTACHMENT I
chapters of Title 8 of the Dublin Municipal Code (Zoning Ordinance) as shown in Attachment 2 to the
February 24, 2004, Staff Report for PA 04-004.
PASSED, APPROVED AND ADOPTED this 24th day of February 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Planning Commission Chairperson
Planning Manager
ORDINANCE NO. -04
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CHAPTER 8.12, ZONING DISTRICTS AND PERMITTED USES OF LAND; AND,
CHAPTER 8.108, TEMPORARY USE PERMIT RELATING TO AUTOMOBILE/VEHICLE
STORAGE LOTS OF TITLE 8 OF THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE),
PA 04-004
WHEREAS, the City of Dublin has determined that Chapter 8.12, Zoning Districts and Permitted
Uses of Land; and, Chapter 8.108 Temporary Use Permit, need to be revised to more effectively regulate
the establishment of automobile/vehicle storage lots; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations, require that certain projects be reviewed for environmental
impacts and that environmental documents be prepared; and
WHEREAS, the project has been found to be Exempt from the Califomia Environmental Quality
Act (CEQA), according to Section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the amendments to the Dublin Municipal Code (Zoning Ordinance) may have a significant
effect on the environment; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project
on February 24, 2004, and did adopt Resolution 04-__ recommending that the City Council approve
amendments to the Dublin Municipal Code (Zoning Ordinance); and
WHEREAS, a properly noticed public hearing was held by the City Council on March 16, 2004;
and
WHEREAS, a Staff Report was submitted recommending that the City Council approve the
amendments to the Dublin Municipal Code (Zoning Ordinance); and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council
finds that the amendments to the Dublin Municipal Code (Zoning Ordinance) are consistent with the
Dublin General Plan and all applicable Specific Plans; and
WHEREAS, the City Council did hear and use its independent judgment and consider all said
reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
Section 1.
The "Land Use Matrix" contained in Chapter 8.12.050, Permitted and Conditionally Permitted Land Uses
of the Dublin Municipal Code (Zoning Ordinance) is amended to read as follows:
ATTACHMENT&
COMMERCIAL USE TYPES
COMMERCIAL A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
USE TYPE
Automobile/Vehicle C-/P--G C/PC
Storage Lot TUP
Section 2.
Subdivision B of Section 8.108.020, Uses Permitted With A Temporary Use Permit, of the Dublin
Municipal Code (Zoning Ordinance) is added to read as follows:
8.108.020.B
Automobile/Vehicle Storage Lots. An Automobile/vehicle Storage Lot (as defined in
Section 8.08.020, Definitions) may be permitted as a temporary land use in C-2, General
Commercial zoning districts or comparable PD, Planned Development Zoning Districts,
for a period not to exceed six consecutive months. The Director of Community
Development or his/her designee may allow for one three-month extension upon written
request, submitted at least 14 calendar days prior to the expiration of the permit. The
written request must include a reason for the extension other than to simply continue the
use. Once a permit has expired, it shall not be renewed. The storage of vehicles shall be
limited to those vehicles belonging to an established Dublin based business. The storage
lot shall not be open to the public nor shall any sales transactions take place at the
approved storage lot location. A maximum of one temporary use permit shall be granted
per location within a single calendar year. For the purposes of this subdivision, "location"
shall refer to an address, a parcel, or a shopping center, whichever is larger, as determined
by the Director of Community Development. A temporary use permit shall be denied if it
is determined that the Automobile/Vehicle Storage Lot would eliminate parking required
for another, use pursuant to Chapter 8.76 of this Code. In no case shall an
Automobile/Vehicle Storage Lot be established within 100 feet of a heavily traveled
roadway. Whether a roadway is heavily traveled shall be determined by the Director of
Community Development. The establishment and operation of the use must comply with
all standards developed by the Director of Community Development.
Section 3. Conforming Amendments.
Chapters 8.12 and 8.108 of the Dublin Municipal Code (Zoning Ordinance) shall be re-numbered and/or
re-lettered as necessary to accommodate and/or reflect the foregoing amendments.
Section 4. Severability.
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof
is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality,
invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions,
clauses, sentences, sections, words or parts thereof of the Ordinance or their applicability to other persons
or circumstances.
Section 5. 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 6th day of April 2004, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
3