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HomeMy WebLinkAbout04-004 AmndmtsDubZOA 03-09-2004 AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: March 9, 2004 SUBJECT: 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: o Resolution 04-05 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. Draft Minutes from Planning Commission Meeting of February 24, 2004 Planning Commission Staff Report dated February 24, 2004 RECOMMENDATION: Review the modified language; and, Direct Staff to take Resolution 04-05 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, with the modified language, to the City Council. BACKGROUND: At the February 24, 2004 Planning Commission meeting Staff presented proposed amendments to Chapter 8.12 Zoning Districts and Permitted Uses of Land and Chapter 8.108 Temporary Use Permit. The proposed amendments to the Zoning Ordinance included: 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. COPIES TO: In-house distribution ITEM NO. ~/, Create a new category under the Temporary Use Permit Chapter for automobile/vehicle storage lots and establish regulations for such storage lots. 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. After receiving Staff's presentation, the Planning Commission deliberated on the proposed amendments and, with modifications to the language, adopted Resolution 04-05 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. At the request of the Planning Commission, Staff has brought the modified language back for review prior to taking the recommendation to the City Council. The modified language reads as follows, with the changes underlined: 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. A minimum waiting period of one (1) continuous year between permits is required. 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 .... ~, .......... .~ .... 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. RECOMMENDATION: Staff recommends that the Planning Commission review the modified language; and, direct Staff to take Resolution 04-05 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, with the modified language, to the City Council. 2 RESOLUTION NO. 04 - 05 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 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: Cm. Fasulkey, Nassar, King, and Machtmes Cm. Jennings ATTEST: Planning Commission Chairperson Planning Manager 2 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 California 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 and WHEREAS, a properly noticed public hearing was held by the City Council on March 16, 2004; 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 GAuG 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. A minimum waiting period of one (1) continuous year between permits is required. 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. 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. 2 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 20th day of April 2004, by the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk CALL TO ORDER A regular meeting of the City of Dublin Planning Commission was held on Tuesday, February 24, 2004, in the Council Chambers located at 100 Civic Plaza. Commissioner Fasulkey called the meeting to order at6:00 p.m. ROLL CALL Present: Commissioners Fasulkey, Nassar, Jennings, King, and Machtmes; Jeri Ram, Planning Manager; Michael Porto, Planning Consultant; Janet Harbin, Senior Planner; Kristi Bascom, Associate Planner; Pierce Macdonald, Associate Planner; and Renuka Dhadwal, Recording Secretary. Absent: Commission Jennings ADDITIONS OR REVISIONS TO THE AGENDA - None MINUTES OF PREVIOUS MEETINGS - February 10, 2004 were approved as submitted. ORAL COMMUNICATION - None WRITTEN COMMUNICATIONS 7.1 Goals & Objectives Mr. Peabody presented the Goals & Objectives to the Planning Commission. The City Council has scheduled the Annual Goals and Objectives Study Session for Monday, April 19, 2004 at 5:00 p.m. This Study Session provides the City Council with an opportunity to reach consensus on the primary direction and allocation of City resources for the upcoming year. As has been done in past years, the Planning Commission has been asked to provide input on the preliminary Goals and Objectives for Planning. The adopted FY 2003-2004 Goals and Objectives included 28 objectives that were assigned to the Planning function. Of those objectives, 17 objectives were given high priority, seven objectives were given medium priority and four objectives were given a low priority. Staff prepared a status report that outlines the level of accomplishment for the 28 objectives assigned to Planning (Attachment 1). Of the 28 objectives, five are complete or will be complete by the end of the fiscal year (June 30, 2004), 14 are underway and will be carried over to next fiscal year and nine have had no progress. In preparation for the City Council Goals and Objectives Study Session, and in order to have a dialogue with the City Commissions, the City Council has scheduled a City Council/Commission Workshop for Saturday March 20, 2004 at 8:00 a.m. The purpose of the workshop is to provide the Commission with an opportunity to discuss Goals and Objectives under their purview and the reason(s) for their respective Goals and Objectives rankings with the City Council. The City Council will take no action until the City Council Goals and Objectives Study Session. It is recommended that the Planning Commission receive the staff report, deliberate and prioritize the Preliminary Goals and Objectives for FY 2004-2005. The Planning Commission discussed with Staff prioritizing projects related to the Goals & Objectives for the City. Mr. Peabody thanked the Planning Commission for their efforts. Joni Pattillo, Assistant City Manager, stated that during the Saturday, March 20, 2004 meeting with the City Council, the Planning Commission can ask any questions related to the Goals & Objectives and Strategic Planning at that time. PUBLIC HEARINGS 8.1 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. The proposed amendments would make the establishment of automobile/vehicle storage lots in C-2, General Commercial zoning districts subject to a Temporary Use Permit and would establish development review standards for more effective regulation of automobile/vehicle storage lots. Cm. Fasulkey asked for the staff report. Ms. Waffle presented the staff report. The Dublin Zoning Ordinance currently regulates Automobile/Vehicle Storage Lots by allowing them to be established in the C-2, General Commercial and M-l, 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. 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. 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. Create a new category under the Temporary Use Permit Chapter for automobile/vehicle storage lots and establish regulations for such storage lots 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 City Council's concerns 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. 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 consecu tire 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. 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 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. Ms. Waffle stated that City Staff received a letter from Guidotti and Lee, Attorneys at Law, opposing the Zoning Ordinance Amendment. She concluded her presentation and was available for questions. Cm. Fasulkey closed the public hearing to deliberate. Cm. King stated that the permit, once expired, could not be renewed but the wording states one permit can be issued each calendar year. He asked for clarification on the wording. Ms. Waffle stated Staff can change the language but as it is currently proposed, it is one permit per calendar year. Cm. Fasulkey asked if a temporary permit pass with title or not pass with title if the property sells. Mr. Peabody explained it is good for the length of the permit. Cm. Fasulkey asked if anyone from the audience wished to speak on the subject; hearing none he closed the public hearing. Cm. King had concerns about the wording on the length of time for the permit. Ms. Waffle stated language could be added stating a new permit could not be applied for until one continuous year had passed. They get one six-month permit per calendar year and it cannot be renewed. Cm. King stated that would accomplish the objective. The Planning Commission asked Staff to return with the amended language on the length of time for the permit. Cm. Nassar asked Staff their opinion on the letter received opposing the amendment. Ms. Waffle stated that Mr. Guidotti's concerns are related to Crown Chevrolet currently storing vehicles off site adjacent to Mr. Guidotti's property. On a motion by Cm. King seconded by Cm. Machtmes with the amended language by a vote 4- 0-1 with Cm. Jennings absent, the Planning Commission approved RESOLUTION NO. 04 - 05 A RESOLUTION OF THE PLANNING COMMISSION 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 8.2 PA 02-003 Legacy Partners/AMB Properties - West Dublin Transit Village Planned Development Rezoning & Stage 2 Development Plan, Tentative Parcel Map, Site Development Review, and Development Agreement for development of a mixed-use project consisting of a maximum of 308 high density apartments (4 stories over 2 levels of parking), neighborhood retail and service uses on the ground floor, and a 150,000 square foot office building Cm. Fasulkey asked for the staff report. Ms. Harbin, Senior Planner, presented the staff report and a PowerPoint for the Planning Commission. She explained that Legacy Partners has submitted a project application consisting of a Planned Development Rezoning and Stage 2 Development Plan, Vesting Tentative Parcel Map, Site Development Review and a Development Agreement for a mixed-use project transit village consisting of a four and 1/2 story structure containing a maximum of 304 multi-family residences, a small amount of neighborhood retail uses on the ground floor, and a 150,500 square foot office building on the southern portion of the site closest to the Alameda County Flood Control Channel and freeway corridor. The approximately 9.06 acre property is owned by AMB Properties, and located north of the 1-580 freeway, south of the extension of St. Patrick Way in the West Dublin BART Specific Plan area of Dublin. Adjacent to the west boundary of the property are light industrial and professional/administrative office uses. Additionally, the site is adjacent to the west boundary of the residential project proposed by Orix on the BART property, recently approved by the Planning Commission for high-density residential land use and commercial development. This application has been reviewed by the applicable City Departments and agencies, and their comments have been incorporated into the Stage 2 Development Plan (see Resolution, Attachment 2) and the conditions of approval for the Vesting Tentative Parcel Map and Site Development Review (see Resolution, Attachment 3). The proposed project is consistent with the Dublin General Plan, West Dublin BART Specific Plan, and Stage I Development Plan rezoning previously approved, and represents an appropriate and well-planned transit-oriented project for the site, which will assist in revitalizing the West Dublin BART Specific Plan area and the economic viability of the area. A letter was received from the law firm of Adams Broadwell Joseph & Cardozo regarding the environmental portion of the project. The City has fully covered all the environmental issues 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 StafFs 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 v~Sth approval of a Conditional Use Permit by the Planning Commission. Recently, it came to StafFs 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 ITEM ~'~~1 q 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 lots and establish regulations for such storage lots. Currently, there are no categories for automobile/vehicle storage lots as tempora~' 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 temporau, 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 tots 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 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-1, Retail Commercial zoning districts. The regulation of automobile/vehicle storage lots in M-l, 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-l, 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 Staffs 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 MUqNICIPAL 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 QualiD, 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 California Environmental Quali¢' Act (CEQA), according to Section 15061(b)(3) because it can be seen with certainD' that there is no possibility that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) ma3' have a significant effect on the environment; and WHEREAS, the Planning Commission did hold a public hearing on said amendments to Title 8 o£ 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, Temporal, 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 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 Ci~ environmental regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; mad WHEREAS, the project has been found to be Exempt from the California 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 Ci~ 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: ATTACI-IEENT J COMMERCIAL USE TYPES COMMERCIAL A R-1 [ R-2 R-M C-O C-N C-1 C-2 M-PI M-1 [M-2 USE TYPE Automobile/vehicle ~ [ C4P-C C/PC Storage Lot 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 tempora~ use permit shall be ~anted 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. Conformin~ Amendments. Chapters 8.12 and 8.108 of the Dublin Municipal Code (Zoning Ordinance) shall be re-numbered and/or re-lettered as necessas' to accommodate and/or reflect the foregoing amendments. Section 4. Severabilitn~. 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 Ci~Clerk