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HomeMy WebLinkAboutItem 4.4 - 2682 Zoning Ordinance Amendments to Chapter 8.66 Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: June 4, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Zoning Ordinance Amendments to Chapter 8.66 (Large Family Day Care Homes) (PLPA-2018-00030) Prepared by: Jeff Baker, Community Development Director EXECUTIVE SUMMARY: The City is initiating amendments to Chapter 8.66 of the Zoning Ordinance to bring greater clarity and consistency to the regulation of Large Family Day Care Homes. The proposed amendment allows administrative approval of a Zoning Clearance if the day care meets established development standards, and a Minor Use Permit from the Community Development Director if it does not meet those standards. On May 21, 2019, the City Council waived the reading and introduced this Ordinance. Tonight, the City Council will consider adopting the Ordinance amending Zoning Ordinance Chapter 8.66. STAFF RECOMMENDATION: Waive the reading, and adopt an Ordinance Approving Amendments to Dublin Zoning Ordinance Chapter 8.66 (Large Family Day Care Homes) Effective City-W ide. FINANCIAL IMPACT: None. DESCRIPTION: On January 8, 2019, the City Council adopted a streamlined permitting process for Large Family Day Care Homes which provide care for up to 14 children. The intent of the amendment was to require that such a use obtain an administratively approved Zoning Clearance if it meets established development standards, and a Minor Use Permit from the Community Development Director if it does not meet those st andards (instead of a Conditional Use Permit as previously required). Surrounding residents would continue to be notified of such application in the same manner as required under the Conditional Use Permit process. This streamlined permitted process was implemented by way of an amendment to Chapter 8.12 of the Zoning Ordinance. Page 2 of 2 The City Council is currently being requested to similarly amend Chapter 8.66 of the Zoning Ordinance to be consistent with the streamlined permitting process adopted for Chapter 8.12. This change would correct an oversight and implement the prior intent to streamline the permitting process for new Large Family Day Care Homes to help meet the ongoing childcare needs within the community. Attachment 2 provides the Zoning Ordinance Amendment language shown in underline/strikethrough format. Attachment 3 provides the proposed Ordinance necessary to amend the Zoning Code. On May 21, 2019, the City Council waived the first reading and introduced an Ordinance approving the proposed amendments to Chapter 8.66 of the Zoning Ordinance. The City Council is being asked to waive the second reading and adopt the proposed Zoning Ordinance provided as Attachment 3. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with State CEQA Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Staff is recommending that the proposed Ordinance be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that may have the potential to cause a significant effect on the environment. The Ordinance does not 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, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. ATTACHMENTS: 1. City Council Staff Report dated May 21, 2019 without Attachments 2. Zoning Ordinance Amendments in Underline Strikethrough Format 3. Ordinance Approving Amendments to Zoning Ordinance Chapter 8.66 Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: May 21, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Zoning Ordinance Amendments to Chapter 8.66 (Large Family Day Care Homes) (PLPA-2018-00030) Prepared by: Winston Rhodes AICP, Planning Manager EXECUTIVE SUMMARY: On January 8, 2019, the City Council adopted several amendments to the Zoning Ordinance, including a streamlined permitting process for Large Family Day Care Homes. The Zoning Ordinance Amendments included a change to Chapter 8.12 (Zoning Districts and Permitted Uses of Land) allowing administrative approval of a Zoning Clearance if the day care meets established development standards, and a Minor Use Permit from the Community Development Director if it does not meet those standards. Subsequently, Staff recognized that directly related text within Zoning Ordinance Chapter 8.66 requires the same amendment to provide internal consistency with Chapter 8.12 and meet the intent of the January 8 City Council action. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, waive the reading, and INTRODUCE an Ordinance Approving Amendments to Dublin Zoning Ordinance Chapter 8.66 (Large Family Day Care Homes) effective city-wide. FINANCIAL IMPACT: None. DESCRIPTION: On January 8, 2019, the City Council adopted a streamlined permitting process for Large Family Day Care Homes which provide care for up to 14 children (Attachment 1). The intent of the amendment was to require that such a use obtain an administratively approved Zoning Clearance if it meets established development standards, and a Minor Use Permit from the Community Development Director if it does not meet those standards (instead of a Conditional Use Permit from the Planning Commission, as previously required). Surrounding residents would continue to be notified of such application in the same manner as required under the Conditional Use Permit process. Page 2 of 3 This streamlined permitted process was implemented by way of an amendment to Chapter 8.12 of the Zoning Ordinance. The City Council is now being asked to similarly amend Chapter 8.66 of the Zoning Ordinance to be consistent with the streamlined permitting process adopted for Chapter 8.12. This change would correct an oversight and implement the prior intent to streamline the permitting process for new Large Family Day Care Homes to help meet the ongoing childcare needs within the community. Attachment 2 provides the Zoning Ordinance Amendment language shown in underline/strikethrough format. Attachment 3 provides the Ordinance necessary to amend the Zoning Code. The proposed changes to Chapter 8.66 are consistent with the previous Planning Commission review of the ordinance change to Chapter 8.12 and their previous action adopting Resolution 18-27 (Attachment 4). CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The proposed Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable Specific Plans by bringing greater clarity and consistency to existing zoning regulations for large family day care homes which help implement the General Plan and Specific Plans. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a notice regarding this Zoning Code Amendment w as published in the East Bay Times and posted at several locations throughout the City. The Staff Report for this public hearing was also available on the City’s website. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together wi th State CEQA Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Staff is recommending that the proposed Ordinance be found exempt from CEQA per C EQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that may have the potential to cause a significant effect on the environment. The Ordinance does not 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, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. ATTACHMENTS: 1. Ordinance 01-19 Approving Amendments to Dublin Zoning Ordinance 2. Proposed Zoning Ordinance Amendments in Underline Strikethrough Format 3. Ordinance Approving Zoning Code Amendments to Chapter 8.66 4. Planning Commission Resolution 18-27 Page 3 of 3 1 of 1 Attachment 2 ATTACHMENT 2 Large Family Day Care Homes Chapter 8.66 EXCERPT 8.66.020 Permitting Procedure. A. Any proposed Large Family Day Care Home shall conform to the Development Standards and Regulations contained in this Chapter (Section 8.66.030) and shall be subject to a Zoning Clearance to be reviewed by the Community Development Director as described in Chapter 8.116 (Zoning Clearance). B. Any proposed Large Family Day Care Home that does not meet the Development Standards and Regulations contained in this Chapter (Section 8.66.030), shall be subject to a Minor Conditional Use Permit to be reviewed by the Community Development Director Planning Commission as described in Chapter 8.1002 (Minor Conditional Use Permit). Rev. Ord. 3-10 (February 2010) 8.66.040 Zoning Clearance. A Zoning Clearance shall document the compliance of the Large Family Day Care Home with the above requirements and shall be kept on file in the Community Development Department for the duration of the operation of the Large Family Day Care Home. If it is determined at any time that the Large Family Day Care Home does not meet all of the Development Standards and Regulations in Section 8.66.030, a Minor Conditional Use Permit for the Large Family Day Care Home shall be required. Rev. Ord. 3-10 (February 2010) 1 of 3 Attachment 3 ATTACHMENT 3 ORDINANCE NO. XX-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTER 8.66 (LARGE FAMILY DAY CARE HOMES) EFFECTIVE CITY-WIDE PLPA-2018-00030 WHEREAS, the City occasionally initiates amendments to the Zoning Ordinance to clarify, add or amend certain provisions to ensure that the Zoning Ordinance remains internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS, the City Council approved amendments to Chapter 8.12 (Zoning Districts and Permitted Uses of Land) on January 8, 2019 allowing review of large family day care homes subject to a Zoning Clearance or a Minor Use Permit; and WHEREAS, amendments to Chapter 8.66 (Large Family Day Care Homes) are now required to be consistent with Chapter 8.12 and reflect the intent of the amendments to Chapter 8.12 approved by the City Council on January 8, 2019; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, Staff is recommending that the City Council find this project exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments to Chapter 8.66 of the Dublin Municipal Code (Zoning Ordinance) will not have a significant effect on the environment; and WHEREAS, a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Zoning Ordinance Amendments to Chapter 8.66; and WHEREAS, the City Council held a public hearing on the proposing Zoning Ordinance Amendments on May 21, 2019, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects a s required by law; and 2 of 3 Attachment 3 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 hereby 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 are necessary to comply with State law and are consistent with applicable land use regulations and development policies. SECTION 2: The California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects b e 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 CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments to Chapter 8.66 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 buil ding 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 8.66.020 B. of the City of Dublin Municipal Code is hereby amended to read as follows: B. Any proposed Large Family Day Care Home that does not meet the Development Standards and Regulations contained in this Chapter (Section 8.66.030), shall be subject to a Minor Use Permit to be reviewed by the Community Development Director as described in Chapter 8.102 (Minor Use Permit). SECTION 4: Section 8.66.040 of the City of Dublin Municipal Code is hereby amended to read as follows: A Zoning Clearance shall document the compliance of the Large Family Day Care Home with the above requirements and shall be kept on file in the Community Development Department for the duration of the operation of the Large Family Day Care Home. If it is determined at any time that the Large Family Day Care Home does not meet all of the Development Standards and Regulations in Section 8.66.030, a Minor Use Permit for the Large Family Day Care Home shall be required. 3 of 3 Attachment 3 SECTION 5: 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 6: 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 4th day of June 2019, by the following votes: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk