HomeMy WebLinkAboutItem 5.2 Calif Custom Carpet Zoning Ordinance CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 25, 1991
SUBJECT: Written Communication: California Custom
Carpet Zoning Ordinance Text Amendment
Initiation request to permit outdoor storage
within a C-2 General Commercial District as a
conditional use.
REPORT PREPARED BY: David K. Choy, Associate Planner �-
EXHIBITS ATTACHED: Attachment 1 : Location/Zoning Map
Attachment 2 : Site Plan
Attachment 3 : Letter from Applicant dated
October 11, 1991, requesting
Zoning Ordinance Text
Amendment Initiation
Attachment 4 : Map of C-2 General Commercial
Districts in Dublin.
Attachment 5 : Copy of C-2 General Commercial
District regulations .
Attachment 6 : Schemes prepared by the
Building Department for
relocating storage containers
2f011 on site.
RECOMMENDATION: 1) Receive staff report.
�}\ 2) Take testimony from Applicant
3) Question Staff and the Applicant
4 ) Deliberate and provide input
5 ) Deny request for initiation of the
Zoning Ordinance Text Amendment or give
Staff and Applicant direction by
adopting motion initiating study.
FINANCIAL STATEMENT: The cost of processing a Zoning Ordinance
Text Amendment which is initiated by the City
Council cannot be charged to the Applicant.
The City would incur the cost of the
estimated 70-90 staff hours needed to process
the Zoning Ordinance Text Amendment.
DESCRIPTION:
The Applicant, Mr. Greg Kent of California Custom Carpets, is
requesting the City Council to initiate a Zoning Ordinance Text
Amendment to permit outdoor storage, on his property at 6815 Dublin
Boulevard, as a conditional use within the C-2 General Commercial
District
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ITEM NO. ♦ COPIES TO: General/Agenda File
[ ] Applicant/Owner
Project Planner
Senior Planner
CITY CLERK
FILE JD
The existing C-2 District regulations limit outdoor storage to
that necessary and incidental to Conditional Uses associated with
automobile, boat, camper and trailer sales, storage or rental lots and
plant nursery uses .
Since March, 1991, when Staff became aware of the storage
containers at California Custom Carpets site, the number of containers
located on site has increased. A total of nine storage containers,
eight metal (six 8 ' x 35 ' and two 8 ' x 20 ' ) and one wooden ( 6 ' x 8 ' ) ,
totalling 2 , 048 square feet are currently located on the subject site.
The eighth metal container was moved onto the site within the last
week. These containers are used for storing recyclable material
(rubber/urethane) , remnant carpet pieces and scrap hardwood products .
Staff began researching the history of the existing storage
containers in response to a request by the Dougherty Regional Fire
Authority (DRFA) Fire Marshall, on August 15, 1990 . The Fire Marshall
was investigating a fire which occurred within a dumpster on site and
spread to one of the storage bins .
The existing non-sprinklered, concrete tilt up building was
completed in October of 1971, and cannot be increased in size to
provide additional interior storage space. The Uniform Building Code
limits this type of building, to a maximum of 12, 000 square feet.
But, because a sixty foot setback on three sides of the structure was
provided, the Uniform Building Code regulations allowed the maximum
size of the building to be doubled, to the existing 24, 000 square foot
size.
The property was zoned M-1, light industrial when the existing
building was constructed. Outdoor storage was allowed within the M-1
District with the issuance of a Conditional Use Permit. The Applicant
contends that he received approval from the County of Alameda to
locate the storage containers on site. The City records do not
indicate the issuance of a Conditional Use Permit for the storage
containers, nor is there any record of building permits for the
storage containers .
On November 15, 1974 , per Zoning Unit No. 1178, the property was
rezoned to the C-2-B-40 General Commercial Combining District. The
Zoning Ordinance does not allow outdoor storage within the C-2-B-40
District.
On March 11, 1991, the Zoning Investigator issued a Warning
Notice to Greg Kent of California Custom Carpets requiring the
Applicant to remove the containers from the property and to cease all
outdoor storage operations and activities within 30 days .
On April 15, 1991, the Zoning Investigator met with the Applicant
to determine why compliance had not been achieved. At that time staff
observed five metal containers and one wooden container on site.
Since then, three additional containers have been moved onto the site .
The Applicant informed Staff that he was looking for alternatives
which would allow him to keep the containers on-site.
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On July 19 , 1991, Staff sent a letter to the Applicant explaining
that the Zoning Ordinance Text would need to be amended to permit
outdoor storage. Staff further explained that a Zoning Ordinance Text
Amendment would need to be initiated by the City Council, and only
after a written request was submitted.
Should the Zoning Ordinance be amended to allow outdoor storage,
the existing containers would need to be relocated on site. Problems
with the existing location of the storage containers on site are as
follows :
1 . Containers need to be relocated to provide minimum Uniform
Building Code and Uniform Fire Code requirements for
building separation and exiting. Containers cannot be
placed in front of, or block, any exit doors .
2 . Containers need to be grouped together in clusters under
1, 000 square feet in order to be categorized as accessory
structures . If containers are grouped in clusters exceeding
1, 000 square feet, they are considered buildings and require
full compliance with Uniform Building Code requirements
( i .e. structural stability, handicap access, life and fire
safety) with which the Building Department has indicated
these types of structures could not comply.
3 . Containers need to be placed so as not to impede emergency
vehicle access on site.
The Building Department has prepared two schemes indicating
possible locations for the storage containers on site (see Attachment
6 ) . The Applicant would need to apply for Site Development Review
approval prior to relocating the storage containers on site.
Outdoor storage which is fenced and screened is allowed within
the M-1, Light Industrial District upon issuance of a Conditional Use
Permit. Outdoor storage appears to be appropriately associated with
industrial and manufacturing uses, but is not appropriate and should
not be allowed in conjunction with C-2 General Commercial uses such as
retail, office and restaurant uses, as is proposed by the Applicant.
Outdoor storage by definition is the placement and stacking of
goods and materials, including storage containers, in an open area
outside of a building. Outdoor storage activities, by their very
nature, typically involve a relatively high potential for noise,
vibration, dust, dirt, odors, flammable materials, hazardous
materials, spills , light and glare, and limited on-site circulation.
General Commercial Districts, pursuant to Section 8-49 . 0 of the
Zoning Ordinance, are intended to do the following :
1) To provide relatively large areas for a wide variety of
businesses and commercial activities .
2 ) To protect the areas from unsuitable activities of an
industrial character.
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Some typical General Commercial District locations and uses are:
On Dublin Boulevard:
Pak-N-Save Center
Murco Center
Carl ' s Jr. /Kragen Auto Parts Center
On Village Parkway:
Oil Changers
Villages Center
Wendy' s/Kentucky Fried Chicken Restaurants
The Light Industrial Districts, pursuant to Section 8-51 . 0 of the
Zoning Ordinance, are intended to do the following:
1) To provide and encourage light industrial, manufacturing and
processing uses in suitable areas .
2 ) To promote desirable and attractive working environments .
Some typical Light Industrial District locations and uses are:
On Scarlett Court:
Busick Air Conditioning area
U-Haul area
84 Lumber
On Sierra Court:
Trinity Center
Del Piso Tile, Brick and Masonry Company
California Pie Company
Outdoor storage is generally considered to be out of character
and image with the wide variety of businesses and commercial
activities of a general commercial area, such as retail and
eating/drinking establishment uses . For example, the outdoor storage
and stacking of merchandise and packing materials associated with a
furniture store could be very detrimental to surrounding restaurants
and small retail shops . General Commercial uses typically have a
higher amount of public contact and correspondingly have a higher
demand for parking area.
Outdoor storage is more acceptable to the character and image of
the working environment of a light industrial area. For example, the
outdoor storage and stacking of sign manufacturing materials would
generally have a minimum detriment to surrounding manufacturing,
processing and assembly uses .
Staff recommends that the City Council not initiate a Zoning
Ordinance Text Amendment to allow outdoor storage as a conditional use
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within the C-2 General Commercial District. The Zoning Ordinance Text
Amendment would affect all properties located within the C-2 General
Commercial District, approximately 55 parcels . Businesses conducted
within the General Commercial District are currently required to
contain all activity within an enclosed building. The Applicant could
expand the California Custom Carpets tenant space to include the
currently vacant portion of the building ( formerly occupied by Dublin
Office Supply) to store materials incidental to the business use.
Staff believes that if a Commercial business cannot contain its
entire operation within its building or tenant space, then a larger
building or tenant space should be utilized, rather than permitting
outdoor storage areas .
The M-1 District allows warehousing as a permitted use. Staff is
aware of several M-1 zoned properties in the general vicinity of the
subject site which are currently vacant, that the Applicant could
utilize in lieu of the outdoor storage containers .
If, however, the City Council decides to initiate the amendment,
it should give direction to Staff and the Applicant by adopting a
motion initiating the Zoning Ordinance Text Amendment Study to
consider outdoor storage in a C-2 General Commercial District as a
conditional use.
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�� a—on this shall not-o hori-d the •4;ld:ii � VP
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' shown on this plan unless�autheriyed by the Build�,.e � Q "' -''"'r •""•�' ::�,
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ATTACHMEIff Z
CALIFORNIti CUSTOM CARPETS, INC. RECEIVED
6815 DUBLIN BLVD. • DUBLIN, CALIFORNIA 94568 OCT 141991
(4 15) 828-7810 a CONTRACTOR'S LIC. NO. 330628
DUBLIN PLANNING
October 11 , 1991
City Council of Dublin
P. 0 . Box 2340
Dublin, CA 94568
RE: Outdoor Storage Containers
6815 Dublin Blvd. , Dublin (APN 941-205-1-36)
Dear City Council Members :
Please consider this letter our formal. request to have the
City Council initiate a study to change or amend the written
text of the zoning ordinance pertaining to the zoning district
C-2 B-40 (General Commercial Combining District) so it identifies
outside storage as a conditional use .
It would be a very positive gesture on the part of the City of
Dublin to instigate this study and waive the $2 , 000 planning
application deposit as this entire burden should not be put on
US . The result would create circumstances that will benefit not
only California Custom Carpets but all C-2 B-40 zoning districts .
Our check for the $100 processing fee was sent under separate
cover with our letter of August 9, 1991 , addressed to Ralph
Kachadourian, Zoning Investigator . Please begin the required
process so that we can apply for a conditional use permit .
Please let me emphasize the fact that the storage containers
located to the rear of our building have been in use since 1973
and they are an important and necessary part of California Custom
Carpets ' business.
We are hopeful for a favorable outcome.
Sincerely,
Gre Kent
EGK:dk ATTACHMENT
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C-2 DISTRICTS
J 8-49.0 GENERAL CCVI?ERCIAL DISTRICTS: INTENT. General Commercial
Districts, hereinafter designated as C-2 Districts, are established
i to provide locations for relatively large areas containing facil-
ities for a Wide variety of business. and commercial activities
needed to serve the community, and to provide a place for the business
uses excluded from the C-1 Districts and to protect these areas from
unsuitable activities of an industrial character.
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8-49.1. PER MI USED: C-2 DISTRICTS. The following
Principal Uses_are permitted in a C-2 District:
a) Any Principal Use Permitted in a C O District,
pursuant to Section 8-46.1, or a C-1 -District pursuant
to Section 8-48.1;
b) wholesale Business, storage of household goods, ��ja 7g-27
S fora;e Garage; 4/)378
c) Contractor's office for businesses that are charac-
terized by the installation of materials or egsipment 6 F 5113176
on the property of the purchaser; including interior
storage of equipment and materials;
d) -Retail service shops, including cabinet shop; furni-
ture repair and refinishing; upholstering of furniture
and automobiles; residential appliance repair; busi-
ness machine repair; small mechanical equipment
11' and component parts repair and service; bicycle,
motorcycle, lawnmower and locksmith shops; auto
repair garage and ti;e,�c ecapping;.
e) Ambulance service; automobile rental; clinic, cater-
ing, job printLng; interior decorating, tailoring,
laboratory; '
f) Trade school.
8.49.2 Condltlonal Uaaa:G2 OfatrlCU.In addition to the uses listed in Sections 8.60:60 and 8.61.0:te ,
following are Cdrtditional Uses in C-2 Dist&tc and sl+ae be permi,`,ed onryif approved try the Zcning
Administrator as provided in SecSon 8.94.0: _ —
a) Hospital
b) Animal Hospital,Ken nel; -
c) Mortuary
7i
.d) Community FaciR y
er ,Drive in Theatre.Drive Business,Reueatoh Facility = �rrr C�=( 17,
:Service Station.Type A a.nd Type 8: :;:•'•: ••:�.-'::
'g) •Automobile,camper,boat and trailer sales,storage or rental b1: •• , aa
Plant nursery iricfuding the sate of landscaping materials,excluding als are concrete sales,providing `/•
Tr :> all equipment,supplies and merchandise other than plant materials are kept within a cmpletely �� Q
'enclosed building; •• !/
I)•••Auto Sales and Service Agency .r?t ... ' •,••'. r .
a
Actverlising Sign.provided thatno single sign shall exceed thtee hundred(300)feet in area and no sign
shall be(lashing dr interinment,contain moving parts or De located so as to be directed towards lands in (,[
any adjacent R District:
U) Tavern: `••.
n Adult Entertainment Activity.provided.however•that no Adult Entertainment Activity shatl ca located
closer than 1,000 feet to the boundary of any residential zone or close,than 1,000 feet to any other .
Adult Entertainment activity:
'•,�, ml In and out patient health farifities as licensed by the State Department of Healtn Services.
ATTACHW" .5
8-49. 6.5 SERVICE STATION DISPLAY STRUCTURE: C-2 DISTRICTS. A Service Station
Sign Display Structure in accordance with Section 8-47.5.1 on a Service
Station site in lieu of the Low Profile Sign otherwise permitted.
(Based on sec. 1, Ord. 75-80)
8_49.7 OTHER RDGULATIONS: C-2 DISTRICTS.
a) All uses in C-2 Districts shall conform to the performance stan-
dards of this Chapter for M-P Districts as set forth in Section
8-50.1.
+b) ALIL Principal Uses in C-2 Districts and all fabricating, pro-
cessing or repa r uses accessory thereto -Gh _11 1,P conducted
within a Building, except an Advertising Sign, an automobile sales
o , ne ou door storage necessary and incidental to the uses
described in Section 8-49.2, subsections g), h), and i); a Parking
Lot, Drive-in Facility "or a recreation facility. Except as a Tempor-
ary Use regulated by Section 8-60.60, use of a Mobilehome is not
permitted.
(Amended by sec. 9) Ord. 68-58)
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