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HomeMy WebLinkAboutItem 6.1 - 3214 DMC Amendments CC (2) Page 1 of 9 STAFF REPORT CITY COUNCIL DATE: May 19, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Dublin Municipal Code Amendments Repealing Chapter 8.66 and Amending Chapters 5.60, 8.08, 8.12, 8.16, 8.20, 8.40, 8.64, 8.76, 8.102, 8.104, 8.116, and 8.124 (PLPA-2020-00005) Prepared by: Amy Million, Principal Planner EXECUTIVE SUMMARY: The City Council will consider amendments to the Dublin Municipal Code to comply with State law pertaining to Large Family Day Care Homes, to bring greater clarity and consistency to existing regulations, and to expand upon uses in the Industrial zoning districts to encourage economic development. Amendments are proposed to repeal Chapter 8.66 and amend Chapters 5.60 (Herit age Trees); 8.08 (Definitions); 8.12 (Zoning Districts and Permitted Uses of Land); 8.16 (Agricultural Zoning District); 8.20 (Residential Zoning Districts); 8.40 (Accessory Structures); 8.64 (Home Occupations Regulations); 8.66 (Large Family Day Care Homes); 8.76 (Off-Street Parking and Loading Regulations); 8.102 (Minor Use Permit); 8.104 (Site Development Review); 8.116 (Zoning Clearance); and 8.124 (Applications, Fees and Deposits). STAFF RECOMMENDATION: Conduct the public hearing, deliberate, and waive the reading and INTRODUCE an Ordinance Approving Amendments to the Dublin Municipal Code Repealing Chapter 8.66 and Amending Chapters 5.60, 8.08, 8.12, 8.16, 8.20, 8.40, 8.64, 8.76, 8.102, 8.104, 8.116, and 8.124 Effective City-Wide, PLPA-2020-00005. FINANCIAL IMPACT: None. DESCRIPTION: Periodically, the City initiates amendments to the Dublin Municipal Code (DMC) to clarify, add or amend certain provisions to ensure that the DMC complies with State law, remains internally consistent, and addresses relevant changes occurring in the community. Staff is currently proposing such amendments to the DMC. Page 2 of 9 Attachment 1 provides a complete list of the proposed DMC Amendments shown in a redlined format where underlined text is proposed to be added and text with a strikethrough is proposed to be deleted. The draft Ordinance included as Attachment 2. ANALYSIS: Amendments to Comply with State Law Proposed Amendment 1: Large Family Day Care Homes The State Legislature continues to promote the development and e xpansion of family day care homes for children in residential settings. Senate Bill (SB) 234, the Keeping Kids Close to Home Act, became effective January 1, 2020, and requires local jurisdictions to treat a large family day care home the same way that any other residential use is treated, and allow the use by right in all Residential zoning districts. Under SB 234, large family day care homes that provide care for up to 14 children receive the same exemptions under local zoning and permitting laws as small family day care homes (small family day care homes can provide care for up to 7 children). DMC Chapter 8.66 (Large Family Day Care Homes) establishes the permitting procedures and development regulations for large family day care homes in Dublin. State law eliminated the ability to regulate large family day care homes any differently than a residential use, thus rendering the chapter unnecessary and inconsistent with State law. As such, Chapter 8.66 is proposed to be repealed in its entirety. Additional amendments are proposed to other chapters of the DMC to comply with State law and ensure internal consistency within the DMC. Large family day care homes are proposed to be listed as a permitted use in the Agricultural and Residential zoning districts (DMC Chapter 8.12), would have no permitting requirement (DMC Chapters 8.20, 8.64 and Chapter 8.116), no development standards, and no parking requirement (DMC Chapters 8.66 and 8.76). The various amendments would add or remove such references as applicable and would be consistent the requirements for small family day care homes. Minor Amendments to Clarify, Add or Amend Certain Provisions Proposed Amendment 2: Heritage Trees The City Council periodically conducts a fee study and adopts a fee schedule whi ch establishes the amount to be charged for various fees. The City Council adopted the current fee schedule on June 18, 2019, (Resolution No. 85-15) which among other things established a fee (currently $260) for a Heritage Tree Permit. However, DMC Section 5.60.060.A.5 states that a tree removal permit fee of twenty -five dollars ($25) is required, which is inconsistent with the current fee schedule adopted by the City Council. Therefore, Section 5.60.060.A.5 is proposed to be amended as follows (see Attachment 1, page 1): A.5. Application Fee. All applications shall be submitted with payment of a nonrefundable fee. A tree removal permit fee of twenty-five dollars ($25) to cover the cost of permit administration. An additional deposit may be required by the Director to retain a certified arborist to assist the city in assessing the condition of the trees; Page 3 of 9 Proposed Amendment 3: Health Club/ Fitness Center The DMC classifies a Health Club/Fitness Center as a “Recreational Facility/Indoor” Use Type. DMC Chapter 8.08 (Definitions) provides a definition for “Health Club/Fitness Center”. However, that definition incorrectly identifies a Health Club/Fitness Center as a separate Use Type. To correct this, Staff is proposing to amendment the definition of “Health Club/Fitness Center” to remove the reference to “(use type).” No modifications to the definition are proposed (see Attachment 1, page 1): Health Club/Fitness Center (use type). The term Health Club/Fitness Center shall mean a place which houses exercise equipment for the purpose of physical exercise. Often there are also group exercise courses for aerobics or the like offered. Health Club/Fitness Centers generally charge a fee to allow visitors to use the equipment, courses, and other provided services. A Health Club/Fitness Center may or may not include an indoor sauna, spa or hot tub facilities or other ancillary facilities such as a pool or sports courts. Proposed Amendment 4: Health Services and Office Uses Medical facilities, such as medical doctor, chiropractor and optometrist, are currently allowed under two different use types: “Health Services/Clinics” and “Office - Professional/Administrative.” “Health Services/Clinics” and “Office-Professional/ Administrative” uses are allowed in some but not al l of the same zoning districts, which can result in confusion or inconsistency in the establishment of these uses within the City. To clearly differentiate between the two use types, Staff is proposing amendments to the definition of “Office - Professional/Administrative” to eliminate all medical related uses that fall within the definition of “Health Services/Clinics” as follows (see Attachment 1, page 1): Office - Professional/Administrative (use type). The term Office - Professional/Administrative shall mean an office or office building for the conduct of business, administration or professional services, where these activities do not include the manufacture, storage, display except for samples, or sale at retail of any merchandise on the premise, including but not limited to the following types of occupancy: accountant, advertising agency, architect, attorney, broker (stock and bond), business consultant, business management, chiropodist, chiropractor, collecting agency, dentist, employment agency, engineer, financial services, industrial management, insurance, landscape architect, loan agency, medical doctor, mortgage company, optometrist, osteopath, philanthropic or charitable organization, public utilities, real estate, sales representative, secretarial, telephone answering, travel agent, telecommuting center or other uses determined to be substantially similar to the above by the Director of Community Development. The “Office - Professional/Administrative” use type is currently a permitted use in the Commercial Office (C-O), Commercial Neighborhood (C-N), Retail Commercial (C-1), General Commercial (C-2) and Industrial Park (M-P) Zoning Districts. However, “Health Services/Clinic” use type is not currently a permitted use in the C -O, C-N, and M-P zoning districts. Therefore, in order to continue to allow health services in all of the same zoning districts as currently allowed under the “Office - Professional/Administrative” use type and to avoid creating non -conforming uses, Staff Page 4 of 9 is proposing to amend the land use table in DMC Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) to permit the “Health Services/Clinics” use type in C-O, C-N and M-P zoning districts as follows (see Attachment 1, page 2): A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Health Services/ Clinics - - - - C/ZA P - P P P - P - - Proposed Amendment 5: Uses Requiring a Zoning Clearance or Minor Use Permit There are eight different use types that require either a Zoning Clearance or Minor Use Permit depending on the specific location and operation of the proposed use. For each of these uses, there is a corresponding chapter in the DMC that provides details on the specific requirements for that use. The land use matrix provided in DMC Section 8.12.050 provides references to the other chapters in the DMC that clarify applicable requirements. Of the eight uses, four do not reference their corresponding chapter. To ensure consistency and ease of implementation, the proposed amendment adds reference to the use type’s corresponding chapter. DMC Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) is proposed to be amended as follows (see Attachment 1, page 2): A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Cottage Food Operations (see Chapter 8.65) ZC/ MUP ZC/ MUP ZC/ MUP ZC/M UP - - - - - - - Automobile/Vehicle Rental (see Chapter 8.34) - - - - - - - P - C/PC ZC/MUP1 - Automobile/Vehicle Repairs and Service (see Chapter 8.34) - - - - - - - P - C/PC ZC/MUP1 - Automobile/Vehicle Sales and Service (see Chapter 8.34) - - - - - - - C/PC - C/PC ZC/MUP1 - Proposed Amendment 6: Flag Poles The DMC regulates flag poles as accessory structures and establishes maximum height and minimum setbacks; however, the number of flag poles is not currently regulated. DMC Section 8.40.020.D.2. (Flag Poles) within the Accessory Structures Chapter is proposed to be amended to include maximum number of flag poles allowed in each zoning district as follows (see Attachment 1, page 4): D. Requirements for Specific Accessory Structures that Apply City-wide. 2. Flag poles. Maximum height of 35 feet with a minimum 5- foot setback from any property line. Additional height may be authorized through Site Development Review approval by the Zoning Administrator. The maximum number of flag poles allowed per parcel or development, if comprised of multiple parcels, is as follows: Page 5 of 9 Zoning District Max. Flag Poles Allowed Agricultural 1 Residential 1 Commercial 3 Industrial 3 Planned Development Subject to the regulations of the closest comparable zoning district Proposed Amendment 7: Parking Reductions for an Individual Use Parking reductions for an individual use currently require a Conditional Use Permit by the Zoning Administrator while parking reductions for shared parking require a Min or Use Permit by the Community Development Director. There is no practical difference in the review or decision-making process for the two permit types. In some situations, for example where a proposed use does not meet the parking requirement, both a Mino r Use Permit and Conditional Use Permit may be required. To avoid needlessly triggering both a Minor Use Permit and a Conditional Use Permit for the same parking reduction, Staff is proposing to allow parking reductions for an individual use to follow the same permit process for parking reductions for shared parking, which require a Minor Use Permit. DMC Section 8.76.050 (Adjustment to the Number of Parking Spaces) and Section 8.102.060 (Required Findings) are proposed to be amended as follows (see Attachment 1, page 5 and 6): 8.76.050.E. Parking Reductions For An Individual Use. When a reduction of off-street parking is proposed because an applicant for a proposed use believes the number of parking spaces required for their use as specified in Section 8.76.080 is not applicable, because the use would function differently than the generic use type and associated parking standards established in this Chapter, the Zoning Administrator Community Development Director may grant a reduction in off-street parking requirements pursuant to Chapter 8.100 Conditional Use Permit Chapter 8.102, Minor Use Permit if: 1. Conditional The Minor Use Permit Findings can be made. 8.102.060.B. The proposed use meets the parking requirement for the use type in accordance with the requirements of Chapter 8.76 (Off -Street Parking and Loading Regulations), which could include a parking reduction for an individual use or shared parking. Proposed Amendment 8: Site Development Review for Fencing DMC Section 8.72.080 (Fencing, Walls, and Hedges) provides the maximum allowable height of fences and walls in Residential zoning districts and states that a fence or wall may exceed the maximum height with a Site Development Review Permit. However, this requirement is inconsistent with DMC Chapter 8.104 (Site Development Review) which exempts fences in the Single Family Residential (R-1) and Two Family Residential (R-2) zoning districts from the requirement to obtain a Site Development Review Permit. This current language requires an int erpretation that only fences and walls that comply with the height limit are exempt from a Site Development Review Permit. Consistent with current practice, Staff is proposing an amendment to clarify that fences and walls that comply with the height limits are exempt from Site Development Page 6 of 9 Review and requests for fences and walls that exceed the height limit are subject to a Site Development Review Permit approved by the Community Development Director. DMC Chapter 8.104 (Site Development Review) is proposed to be amended as follows (see Attachment 1, page 6): 8.104.020.B. Fences and Walls. Fences and walls that comply with the height limits provided in Section 8.72.080 in the R-1 or R-2 Zoning Districts or any Planned Development Zoning Districts which allow similar residential uses. 8.104.040.A. Community Development Director. 15. Fences and Walls. A fence or wall, in any zoning district, that exceeds the height limit of the district up to a maximum height of 12 feet. Proposed Amendment 9: Site Development Review Chapter for Condominium Conversions. DMC Chapter 8.54 (Condo Conversion Regulations) requires Site Development Review for condominium conversions; however, Chapter 8.104 (Site Development Review) does not provide a definitive path for the re view of condominium conversions. Staff proposes that Site Development Review for condominium conversions be subject to review by the Planning Commission to coincide with the Planning Commission’s review of the Condominium Conversion Permit. DMC Section 8.1 04.040 (Projects Subject to Site Development Review) is proposed to be amended as follows (see Attachment 1, page 6): C. Planning Commission. 5. Condominium Conversion. Any condominium conversion shall also be reviewed in accordance with and subject to Chapter 8.54, Condo Conversion Regulations. Proposed Amendment 10: Application Abandonment Policy It is the City's intent to move Planning applications through the review process in a timely manner, thus, the City wishes to discourage applications from be coming inactive for an extended period of time. In February 2020, the Community Development Director, in consultation with the City Manager, adopted a Planning Application Abandonment Policy to allow the Community Development Director to withdraw inactive applications. Staff is proposing to codify this policy in the DMC. Section 8.124.040 (Application Abandonment) and is proposed to be added as follows (see Attachment 1, page 8): 8.124.040 Abandonment of Application. A. If an applicant fails to make reasonable progress in either submitting the necessary information to deem a Planning application complete or responding to comments in order to move the application toward final action and the application becomes inactive for more than 90 days, the application may be considered abandoned and deemed withdrawn, without any further action by the City. B. The Community Development Director or designee may grant one or more 30 - day extensions if he/she determines that circumstances unique to the project justify each extension. Page 7 of 9 C. After the abandonment of an application, future City consideration shall require the submittal of a new, complete application and associated fees. Minor Amendments to Industrial Related Districts In recent years, there has been interest from businesses and the community to provide greater flexibility within the Industrial zoning districts to allow a larger variety of businesses and commercial use types. As an economic development tool, Staff is proposing to add and clarify certain commercial use type definitions and modify which zoning districts these use types are permitted. The amended uses are consistent with the purpose and intent of the Industrial zoning districts, which is to promote a mix of industrial uses such as, manufacturing, p rocessing, creating, assembly, office uses, etc., to provide the City with a sound and diverse industrial base. Proposed Amendment 11: Commercial Kitchen A new use type is proposed to be added regulating commercial kitchens. This proposed use type would be permitted in the Industrial Park (M-P) and Light Industrial (M-1) zoning districts. A new definition for Commercial Kitchen is proposed to be added to DMC Section 8.08.020 (Definitions (A-Z)), and Commercial Kitchen would be added to the land use matrix in DMC Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) and the parking table in DMC Section 8.76.080 (Parking Requirements by Use Type) as follows (see Attachment 1, pages 1, 3 and 6): Commercial Kitchen (use type). The term Commercial Kitchen shall mean a commercial facility in which food is processed or otherwise prepared for off -site sale or consumption. Facilities may be shared among various food processors, producers, or preparers. This use type may include cooking and food handling instruction as an accessory use. Use types may include, but are not limited to, commissary kitchen and catering. A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Commercial Kitchen - - - - - - - - P P - COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Commercial Kitchen 1 per 400 square feet Proposed Amendment 12: Industrial - Light and Office Uses The definition of “Industrial - Light” use type in DMC Section 8.08.020 (Definitions (A-Z)) includes “high-technology,” which is vague and applies to multiple use types. To better distinguish between “Industrial - Light” and “Office - Professional/Administrative” uses and clarify the “Office - Professional/Administrative” use, Staff is proposing to remove “high-technology” from the “Industrial - Light” definition and add to the definition of the “Office -Professional/Administrative” to include call centers, computer and internet programming and services, and data processing. DMC Section 8.08.020 (Definitions (A - Z)) is proposed to be amended as follows (see Attachment 1, page 1): Page 8 of 9 Industrial - Light (use type). The term Industrial-Light includes manufacturing, processing, assembly, high technology, research and development and storage uses conducted indoors, accessory restaurant and retail sales to serve the industrial area only, and other uses determined to be substantially similar to the above by the Director of Community Development. These uses must conform to the Industrial Performance Standards of this Title. Office - Professional/Administrative (use type). The term Office - Professional/Administrative shall mean an office or office building for the conduct of business, administration or professional services, where these activities do not include the manufacture, storage, display except for samples, or sale at retail of any merchandise on the premise, including but not limited to the following types of occupancy: accountant, advertising agency, architect, attorney, broker (stock and bond), business consultant, business management, call centers, chiropodist, chiropractor, collecting agency, computer and internet programming and services, data processing, dentist, employment agency, engineer, financial services, industrial management, insurance, landscape architect, loan agency, medical doctor, mortgage company, optometrist, osteopath, philanthropic or charitable organization, public utilities, real estate, sales representative, secretarial, telephone answering, travel agent, telecommuting center or other uses determined to be substantially similar to the ab ove by the Director of Community Development. Proposed Amendment 13: Commercial Schools The “School - Commercial” use type is currently not permitted in Industrial zoning districts (M-P, M-1 and M-2). Staff is proposing to expand the areas where commercia l schools are permitted to include Industrial zoning districts and make a minor edit to the definition. DMC Section 8.08.020 (Definitions (A -Z)) and Section 8.12.050 (Zoning Districts and Permitted Uses of Land) are proposed to be amended as follows (see Attachment 1, pages 2): School - Commercial (use type). The term School - Commercial shall mean a private business, beauty, cooking, language or trade school of a nonrecreational nature, or other school which is determined to be substantially similar to th e above by the Director of Community Development, located in a commercial zone, and which charges a fee for attendance. Facilities which teach sports or recreation such as martial arts or gymnastics are addressed by the Recreational Facility/Indoor Use Type. Public schools and private schools which meet the requirements of the Compulsory Education Law of the State are addressed by the Community Facility Use Type. A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 School - Commercial - - - - - - P P P/ MUP4 P/ MUP4 P/ MUP4 4 Permitted in M-P, M-1, and M-2 zoning districts when use type is conducted entirely within a building and permitted with approval of a MUP when use type is not entirely conducted within a building. Page 9 of 9 PLANNING COMMISSION REVIEW: On April 28, 2020, the Planning Commission held a public hearing to consider the proposed DMC amendments and adopted Resolution No. 20-07, by a 5-0 vote, recommending that the City Council adopt an Ordinance approving the proposed DMC amendments. The Planning Commission draft minutes from the April 28, 2020, meeting and Resolution No. 20-07 are included as Attachments 3 and 4, respectively. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The proposed DMC amendments are consistent with the Dublin General Plan and all applicable Specific Plans and the Zoning Ordinance in that the amendments are either necessary to comply with State law or bring greater clarity and consistency to existing zoning regulations which implement the General Plan and Specific Plans. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Pursuant to CEQA, 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 signif icant effect on the environment. The adoption of the proposed Ordinance is exempt from CEQA because it does not allow construction of any building or structure but sets forth the regulations that shall be followed if and when a building or structure is pro posed to be constructed or a site is proposed to be developed. Therefore, the Ordinance itself has no potential for resulting in significant physical change in the environment, directly or ultimately. STRATEGIC PLAN INITIATIVE: None. PUBLIC NOTICING: In accordance with State law, a notice regarding this Public Hearing was 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. ATTACHMENTS: 1. Amendments in Underline Strikeout Format 2. Draft Ordinance Amending the DMC 3. Planning Commission 4.28.20 Draft Minutes 4. Planning Commission Resolution No. 20-07 1 CHAPTER 5.60 HERITAGE TREES Section 5.60.060 (Tree removal permit procedures) of Title 5 of the Dublin Municipal Code is proposed to be amended as follows: A.5. Application Fee. All applications shall be submitted with payment of a nonrefundable fe e. A tree removal permit fee of twenty-five dollars ($25) to cover the cost of permit administration. An additional deposit may be required by the Director to retain a certified arborist to assist the city in assessing the condition of the trees; CHAPTER 8.08 DEFINITIONS Section 8.08.020 (Definitions (A-Z)) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: Commercial Kitchen (use type). The term Commercial Kitchen shall mean a commercial facility in which food is processed or otherwise prepared for off -site sale or consumption. Facilities may be shared among various food processors, producers, or preparers. This use type may include cooking and food handling instruction as an accessory use. Use types may include, but are not limited to, commissary kitchen and catering. Health Club/Fitness Center (use type). The term Health Club/Fitness Center shall mean a place which houses exercise equipment for the purpose of physical exercise. Often there are also group exercise courses for aerobics or the like offered. Health Club/Fitness Centers generally charge a fee to allow visitors to use the equipment, courses, and other provided se rvices. A Health Club/Fitness Center may or may not include an indoor sauna, spa or hot tub facilities or other ancillary facilities such as a pool or sports courts Industrial-Light (use type). The term Industrial-Light includes manufacturing, processing, assembly, high technology, research and development and storage uses conducted indoors, accessory restaurant and retail sales to serve the industrial area only, and other uses determined to be substantially similar to the above by the Director of Community Development. These uses must conform to the Industrial Performance Standards of this Title. Office - Professional/Administrative (use type). The term Office - Professional/Administrative shall mean an office or office building for the conduct of business, administration or professional services, where these activities do not include the manufacture, storage, display except for samples, or sale at retail of any merchandise on the premise, including but not limited to the following types of occupancy: accountant, advertising agency, architect, attorney, broker (stock and bond), business consultant, business management, call centers, chiropodist, chiropractor, collecting agency, computer and internet programming and services, data processing, dentist, employment agency, engineer, financial services, industrial management, insurance, landscape architect, loan agency, medical doctor, mortgage company, optometrist, osteopath, philanthropic or charitable organization, public utilities, real estate, sales representative, secretarial, telephone answering, travel agent, telecommuting center or other uses determined to be substantially similar to the above by the Director of Community Development. 2 School - Commercial (use type). The term School - Commercial shall mean a private business, beauty, cooking, language or trade school of a nonrecreational nature, or other school which is determined to be substantially similar to the above by the Director of Community Development, located in a commercial zone, and which charges a fee for attendance. Facilities which teach sports or recreation such as martial arts or gymnastics are addressed by the Recreational Facility/Indoor Use Type. Public schools and private schools which meet the requirements of the Compulsory Education Law of the State are addressed by the Community Facility Use Type. CHAPTER 8.12 ZONING DISTRICTS AND PERMITTED USES OF LAND Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Commercial Kitchen - - - - - - - - P P - Cottage Food Operations (see Chapter 8.65) ZC/MU P ZC/MU P ZC/MU P ZC/MU P - - - - - - - Family Day Care Home/Large (up to 14 children) ZC/MU P P ZC/MU P P ZC/MU P P ZC/MU P P - - - - - - - Automobile/Vehi cle Rental (see Chapter 8.34) - - - - - - - P - C/PC ZC/MU P1 - Automobile/Vehi cle Repairs and Service (see Chapter 8.34) - - - - - - - P - C/PC ZC/MU P1 - Automobile/Vehi cle Sales and Service (see Chapter 8.34) - - - - - - - C/PC - C/PC ZC/MU P1 - Health Services/Clinics - - - - C/ZA P - P P P - P - - Office - Professional/Ad ministrative - - - - P P P P P - P - School - Commercial - - - - - - P P P/MU P4 P/MUP4 P/MU P4 4 Permitted in M-P, M-1, and M-2 zoning districts when use type is conducted entirely within a building and permitted with approval of an MUP when use type is not entirely conducted within a building. 3 CHAPTER 8.16 AGRICULTURAL ZONING DISTRICT Section 8.16.020 (Agricultural Zoning District) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: A. Use types permitted in A zoning district. Animal Keeping - Residential, Community Care Facility/Small, Garage/Yard Sale, Mobile Home, Single Family Residence, Small Family Day Care Home; Large Family Day Care Home; similar and related uses; temporary uses; and conditional uses. All Agriculture use types as shown in the Land Use Matrix require a Conditional Use Permit by the Zoning Administrator. CHAPTER 8.20 RESIDENTIAL ZONING DISTRICT Section 8.20.020 (Residential Zoning District) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: A. R-1 (Single Family Residential Zoning District). 2. Use types permitted in R-1 zoning district. Animal Keeping - Residential, Community Care Facility/Small, Garage/Yard Sale, Mobile Home, Single Family Residence, Small Family Day Care Home; Large Family Day Care Home; similar and related uses; temporary uses; and conditional uses. B. R-2 (Two Family Residential Zoning District). 2. Use types permitted in R-2 zoning district. Animal Keeping - Residential, Community Care Facility/Small, Duplex, Garage/Yard Sale, Mobile Home, Multi -Family Residence, Single Family Residence, Small Family Day Care Home; Large Family Day Care Home; similar and related uses; temporary uses; and conditional uses. C. R-M (Multi-Family Residential Zoning District). 2. Use types permitted in R-M zoning district. The use types intended for the R-M zoning district include Animal Keeping - Residential, Community Care Facility/Small, Duplex, Garage/Yard Sale, Multi-Family Residence, Single Family Residence; Small Family Day Care Home; Large Family Day Care Home; similar and related uses; temporary uses; and conditional uses. 4 CHAPTER 8.40 ACCESSORY STRUCTURES AND USES REGULATIONS Section 8.40.020 (Accessory Structures) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: D. Requirements for Specific Accessory Structures that Apply City-wide. 2. Flag poles. Maximum height of 35 feet with a minimum 5 foot setback from any property line. Additional height may be authorized through Site Development Review approval by the Zoning Administrator. The maximum number of flag poles allowed per parcel or development, if comprised of multiple parcels, is as follows: Zoning District Max. Flag Poles Allowed Agricultural 1 Residential 1 Commercial 3 Industrial 3 Planned Development Subject to the regulations of the closest comparable zoning district Section 8.40.030 (Accessory Uses) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: E. Permitted Residential Accessory Uses. 5. Home Occupations, and Cottage Food Operations, Large Family Day Care Homes. Home Occupations are subject to the provisions of Chapter 8.64 (Home Occupations Regulations), and Cottage Food Operations are subject to the provisions of Chapter 8.65 (Cottage Food Operations) and Large Family Day Care Homes are subject to the provisions of Chapter 8.66 (Large Family Day Care Homes). CHAPTER 8.64 HOME OCCUPATIONS REGULATIONS Section 8.64.050 (Exclusions) of Title 8 of the Dublin Municipal Code is proposed to be deleted as follows: B. Large Family Day Care Homes. Large Family Day Care Homes are subject to the provisions of Chapter 8.66 (Large Family Day Care Homes). 5 CHAPTER 8.66 LARGE FAMILY DAY CARE HOMES Chapter 8.66 (Large Family Day Care Homes) of Title 8 of the Dublin Municipal Code is proposed to repealed from the Zoning Ordinance. CHAPTER 8.76 OFF-STREET PARKING AND LOADING REGULATIONS Section 8.76.050 (Adjustment to the Number of Parking Spaces) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: E. Parking Reductions For An Individual Use. When a reduction of off-street parking is proposed because an applicant for a proposed use believes the number of parking spaces required for their use as specified in Section 8.76.080 is not applicable, because the use would function differently than the generic use type and associated parking standards established in this Chapter, the Zoning Administrator Community Development Director may grant a reduction in off-street parking requirements pursuant to Chapter 8.100, Conditional Use Permit Chapter 8.102, Minor Use Permit if: 1. Conditional The Minor Use Permit Findings can be made. 2. The Applicant submits a parking study prepared by a qualified consultant analyzing the parking demands of the proposed use and the parking demands o f similar uses in similar situations, demonstrating that the required parking standards are excessive, and proposing alternate parking standards which are appropriate and ensure that there will not be a parking deficiency. 3. Overflow parking will not impact any adjacent use. Section 8.76.080 (Parking Requirements by Use Type) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: B. Residential Use Types. Residential Use Types shall provide off-street parking spaces as follows: RESIDENTIAL USE TYPE NUMBER OF PARKING SPACES REQUIRED Family Day Care Home/Large (up to 14) 2 in enclosed garage per dwelling, plus 1 space for every employee not residing in the home, plus one loading space for every 6 children in the facility; one loading space may occur on street if within 150 feet of the dwelling Not regulated 6 D. Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as follows: COMMERCIAL USE TYPE NUMBER OF PARKING SPACES REQUIRED Commercial Kitchen 1 per 400 square feet CHAPTER 8.102 MINOR USE PERMIT Section 8.102.060 (Required Finings) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: B. The proposed use meets the parking requirement for the use type in accordance with the requirements of Chapter 8.76 (Off-Street Parking and Loading Regulations), which could include a parking reduction for an individual use or shared parking. CHAPTER 8.104 SITE DEVELOPMENT REVIEW Section 8.104.020 (Exemptions from Site Development Review) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: B. Fences and Walls. Fences and walls that comply with the height limits provided in Section 8.72.080 in the R-1 or R-2 Zoning Districts or any Planned Development Zoning Districts which allow similar residential uses. Section 8.104.040 (Projects Subject to Site Development Review) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: A. Community Development Director. 15. Fences and Walls. A fence or wall, in any zoning district, that exceeds the height limit of the district up to a maximum height of 12 feet. Section 8.104.040 (Projects Subject to Site Development Review) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: C. Planning Commission. 5. Condominium Conversion. Any condominium conversion shall also be reviewed in accordance with and subject to Chapter 8.54, Condo Conversion Regulations. 7 CHAPTER 8.116 ZONING CLEARANCE Section 8.116.020 (Applications Requiring a Zoning Clearance) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: D. Large Family Day Care Home. Large family day care homes that meet the standards specified in Chapter 8.66 (Large Family Day Care Homes). Section 8.116.030 (Application) o f Title 8 of the Dublin Municipal Code is proposed to be amended as follows: D. Large Family Day Care Home. If the Zoning Clearance is for a Large Family Day Care Home, the Applicant shall submit a “Zoning Clearance for Large Family Day Care Homes” form along with such information requested on said form. Section 8.116.040 (Approval) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: D. Large Family Day Care Home. All large family day care homes shall be reviewed for compliance with Chapter 8.66 (Large Family Day Care Homes). The zoning clearance approval for large family day care homes shall be a completed “Zoning Clearance for Large Family Day Care Homes” application form and any pertinent attachments as require d on the form with the date and signature of the Community Development Director or his/her designee. Section 8.116.050 (Expiration of Zoning Clearance) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: D. Large Family Day Care Home. A Zoning Clearance issued in conjunction with a Large Family Day Care Home shall expire when the use is no longer operational. 8 CHAPTER 8.124 APPLICATIONS, FEES AND DEPOSITS Section 8.124.040 (Application Abandonment) of Title 8 of the Dublin Municipal Code is proposed to be added as follows: 8.124.040 Abandonment of Application. A. If an applicant fails to make reasonable progress in either submitting the necessary information to deem a Planning application complete or responding to comments in order to move the application toward final action and the application becomes inactive for more than 90 days, the application may be considered abandoned and deemed withdrawn, without any further action by the City. B. The Community Development Director or designee may grant one or more 30 -day extensions if he/she determines that circumstances unique to the project justify each extension. C. After the abandonment of an application, future City consideration shall require the submittal of a new, complete application and associated fees. ORDINANCE NO. XX-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AMENDMENTS TO THE DUBLIN MUNICIPAL CODE REPEALING CHAPTER 8.66 AND AMENDING CHAPTERS 5.60, 8.08, 8.12, 8.16, 8.20, 8.40, 8.64, 8.76, 8.102, 8.104, 8.116, AND 8.124 EFFECTIVE CITY-WIDE PLPA-2020-00005 WHEREAS, the City initiated amendments to the Dublin Municipal Code to clarify, add or amend certain provisions to ensure that the Dublin Municipal Code complies with State law and remains internally consistent and relevant to changes occurring in the community; and WHEREAS, amendments are proposed to Dublin Municipal Code Chapters 5 5.60 (Heritage Trees); 8.08 (Definitions); 8.12 (Zoning Districts and Permitted Uses of Land); 8.16 (Agricultural Zoning District); 8.20 (Residential Zoning Districts); 8.40 (Accessory Structures); 8.64 (Home Occupations Regulations); 8.66 (Large Family Day Care Homes); 8.76 (Off -Street Parking and Loading Regulations); 8.102 (Minor Use Permit); 8.104 (Site Development Review); 8.116 (Zoning Clearance); and 8.124 (Applications, Fees and Deposits); and WHEREAS, the proposed amendments relate to compliance with State law requirements for Large Family Day Care Homes (Senate Bill 234), minor amendments to procedures for heritage tree permits, existing definitions for office use, flag pole regulations, reduct ion of parking regulations and site development review for fencing, walls and condominium conversions, the addition of an application abandonment policy and amendments to expand upon allowed uses in the Industrial zoning districts; and WHEREAS, the Planning Commission held a duly noticed public hearing on the said application on April 28, 2020, during which all interested persons were heard, and adopted Resolution No. 20-07 recommending City Council adoption of the proposed Dublin Municipal Code Amendments; and WHEREAS, a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Dublin Municipal Code Amendments; and WHEREAS, the City Council held a public hearing on the proposed Dublin Municipal Code Amendments on May 19, 2020, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and 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 Dublin Municipal Code 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 of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Pursuant to CEQA Guidelines Section 15061(b)(3), the City Council finds that the proposed project is exempt from environmental review because it can be seen with certainty that the amendments to the Dublin Municipal Code will not have a significant effect on the environment. The adoption of the proposed Ordinance does not, in itself, allow the construction of any building or structure, but sets forth amendments to the Dublin Municipal Code to ensure that it is consistent with State law as well as internally consistent and meeting the needs of the community. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or indirectly. SECTION 3: Section 5.60.060 A.5 (Application Fee) of Title 5 (Public Welfare) of the Dublin Municipal Code is hereby amended to read as follows: Application Fee. All applications shall be submitted with payment of a nonrefundable fee . An additional deposit may be required by the Director to retain a cert ified arborist to assist the city in assessing the condition of the trees; SECTION 4: The definitions in Section 8.08.020 (Definitions (A-Z)) of Title 8 (Zoning) of the Dublin Municipal Code are hereby amended to read as follows: Health Club/Fitness Center. The term Health Club/Fitness Center shall mean a place which houses exercise equipment for the purpose of physical exercise. Often there are also group exercise courses for aerobics or the like offered. Health Club/Fitness Centers gene rally charge a fee to allow visitors to use the equipment, courses, and other provided services. A Health Club/Fitness Center may or may not include an indoor sauna, spa or hot tub facilities or other ancillary facilities such as a pool or sports courts Industrial-Light (use type). The term Industrial-Light includes manufacturing, processing, assembly, research and development and storage uses conducted indoors, accessory restaurant and retail sales to serve the industrial area only, and other uses determined to be substantially similar to the above by the Director of Community Development. These uses must conform to the Industrial Performance Standards of this Title. Office - Professional/Administrative (use type). The term Office - Professional/Administrative shall mean an office or office building for the conduct of business, administration or professional services, where these activities do not include the manufacture, storage, display except for samples, or sale at retail of any merchandise on the premise, including but not limited to the following types of occupancy: accountant, advertising agency, architect, attorney, broker (stock and bond), business consultant, business management, call centers, collecting agency, computer and internet programming and services, data processing, employment agency, engineer, financial services, industrial management, insurance, landscape architect, loan agency, mortgage company, philanthropic or charitable organization, public u tilities, real estate, sales representative, secretarial, telephone answering, travel agent, telecommuting center or other uses determined to be substantially similar to the above by the Director of Community Development. School - Commercial (use type). The term School - Commercial shall mean a private business, beauty, cooking, language or trade school of a nonrecreational nature, or other school which is determined to be substantially similar to the above by the Director of Community Development, and which charges a fee for attendance. Facilities which teach sports or recreation such as martial arts or gymnastics are addressed by the Recreational Facility/Indoor Use Type. Public schools and private schools which meet the requirements of the Compulsory Education Law of the State are addressed by the Community Facility Use Type. SECTION 5: Section 8.08.020 (Definitions (A-Z)) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to add the following definition: Commercial Kitchen (use type). The term Commercial Kitchen shall mean a commercial facility in which food is processed or otherwise prepared for off-site sale or consumption. Facilities may be shared among various food processors, producers, or preparers. This use type may include cooking and food handling instruction as an accessory use. Use types may include, but are not limited to, commissary kitchen and catering. SECTION 6: The following row and footnote in the table of Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 (Zoning) of the Dublin Municipal Code are hereby added to read as follows: COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Commercial Kitchen - - - - - - - - P P - 4 Permitted in M-P, M-1, and M-2 zoning districts when use type is conducted entirely within a building and permitted with approval of an MUP when use type is not entirely conducted within a building. SECTION 7: The following rows in the table of Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 (Zoning) of the Dublin Municipal Code are hereby amended to read as follows: RESIDENTIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Cottage Food Operations (see Chapter 8.65) ZC/MU P ZC/MU P ZC/MU P ZC/MU P - - - - - - - Family Day Care Home/Large (up to 14 children) P P P P - - - - - - - COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Automobile/Vehi cle Rental (see Chapter 8.34) - - - - - - - P - C/PC ZC/MU P1 - Automobile/Vehi cle Repairs and Service (see Chapter 8.34) - - - - - - - P - C/PC ZC/MU P1 - Automobile/Vehi cle Sales and Service (see Chapter 8.34) - - - - - - - C/PC - C/PC ZC/MU P1 - Commercial Kitchen - - - - - - - - P P - Health Services/Clinics - - - - P P P P P - - Office - Professional/Ad ministrative - - - - P P P P P P - School - Commercial - - - - - - P P P/MU P4 P/MUP4 P/MU P4 SECTION 8: Section 8.16.020.A (Use types permitted in A zoning district) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to read as follows: A. Use types permitted in A zoning district. Animal Keeping - Residential, Community Care Facility/Small, Garage/Yard Sale, Mobile Home, Single Family Residence, Small Family Day Care Home; Large Family Day Care Home; similar and related uses; temporary uses; and conditional uses. All Agriculture use types as shown in the Land Use Matrix require a Conditional Use Permit by the Zoning Administrator. SECTION 9: Section 8.20.020 (Residential Zoning District) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to read as follows: A. R-1 (Single Family Residential Zoning District). 2. Use types permitted in R-1 zoning district. Animal Keeping - Residential, Community Care Facility/Small, Garage/Yard Sale, Mobile Home, Single Family Residence, Small Family Day Care Home; Large Family Day Care Home; similar and related uses; temporary uses; and conditional uses. B. R-2 (Two Family Residential Zoning District). 2. Use types permitted in R-2 zoning district. Animal Keeping - Residential, Community Care Facility/Small, Duplex, Garage/Yard Sale, Mobile Home, Multi -Family Residence, Single Family Residence, Small Family Day Care Home; Large Family Day Care Home; similar and related uses; temporary uses; and conditional uses. C. R-M (Multi-Family Residential Zoning District). 2. Use types permitted in R-M zoning district. The use types intended for the R-M zoning district include Animal Keeping - Residential, Community Care Facility/Small, Duplex, Garage/Yard Sale, Multi-Family Residence, Single Family Residence; Small Family Day Care Home; Large Family Day Care Home; similar and related uses; temporary uses; and conditional uses. SECTION 10: Section 8.40.020 (Accessory Structures) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to read as follows: D. Requirements for Specific Accessory Structures that Apply City-wide. 2. Flag poles. Maximum height of 35 feet with a minimum 5 foot setback from any property line. Additional height may be authorized through Site Development Review approval by the Zoning Administrator. The maximum number of flag poles allowed per parcel or development, i f comprised of multiple parcels, is as follows: Zoning District Max. Flag Poles Allowed Agricultural 1 Residential 1 Commercial 3 Industrial 3 Planned Development Subject to the regulations of the closest comparable zoning district SECTION 11: Section 8.40.030.E.5. (Home Occupations, Cottage Food Operations, Large Family Day Care Homes.) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to delete Large Family Day Care Homes to read as follows: E. Permitted Residential Accessory Uses. 5. Home Occupations and Cottage Food Operations. Home Occupations are subject to the provisions of Chapter 8.64 (Home Occupations Regulations) and Cottage Food Operations are subject to the provisions of Chapter 8.65 (Cottage Food Operations) SECTION 12: Section 8.64.050 (Exclusions) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to delete Section 8.64.050 B (Large Family Day Care Homes). SECTION 13: Chapter 8.66 (Large Family Day Care Homes) of Title 8 (Zoning) of the Dublin Municipal Code is hereby repealed. SECTION 14: Section 8.76.050 E (Parking Reductions For an Individual Use) of Title 8 (Zoning) is hereby amended to read as follows: E. Parking Reductions For An Individual Use. When a reduction of off-street parking is proposed because an applicant for a proposed use believes the number of parking spaces required for their use as specified in Section 8.76.080 is not applicable, because the use would function differently than the generic use type and associated parking standards established in this Chapter, the Community Development Director may grant a red uction in off-street parking requirements pursuant to Chapter 8.102, Minor Use Permit if: 1. The Minor Use Permit Findings can be made. 2. The Applicant submits a parking study prepared by a qualified consultant analyzing the parking demands of the proposed use and the parking demands of similar uses in similar situations, demonstrating that the required parking standards are excessive, and proposing alternate parking standards which are appropriate and ensure that there will not be a parking deficiency. 3. Overflow parking will not impact any adjacent use. SECTION 15: The following rows in the table of Section 8.76.080 B (Residential Use Types) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to read as follows: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Family Day Care Home/Large (up to 14) Not regulated SECTION 16: The following rows in the table of Section 8.76.080 C (Commercial Use Types) of Title 8 (Zoning) of the Dublin Municipal Code is hereby added to read as follows: COMMERCIAL USE TYPE NUMBER OF PARKING SPACES REQUIRED Commercial Kitchen 1 per 400 square feet SECTION 17: Section 8.102.060 (Required Finings) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to read as follows: B. The proposed use meets the parking requirement for the use type in accordance with the requirements of Chapter 8.76 (Off-Street Parking and Loading Regulations), which could include a parking reduction for an individual use or shared parking. SECTION 18: Section 8.104.020 B (Fences) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to read as follows B. Fences and Walls. Fences and walls that comply with the height limits provided in Section 8.72.080 in the R-1 or R-2 Zoning Districts or any Planned Development Zoning Districts which allow similar residential uses. SECTION 19: Section 8.104.040 A (Community Development Director) of Title 8 of the Dublin Municipal Code is hereby amended add Subsection 15 (Fences and Walls) to read as follows: 15. Fences and Walls. A fence or wall, in any zoning district, that exceeds the height limit of the district up to a maximum height of 12 feet. SECTION 20: Section 8.104.040 C (Planning Commission) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to add Subsection 5 (Condominium Conversion) to read as follows: 5. Condominium Conversion. Any condominium conversion shall also be reviewed in accordance with and subject to Chapter 8.54, Condo Conversion Regulations. SECTION 21: Section 8.116.020 (Applications Requiring a Zoning Clearance) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to delete Section 8.116.020.D (Large Family Day Care Home) and renumber subsequent sections. SECTION 22: Section 8.116.030 (Application) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to delete Section 8.116.030.D. (Large Family Day Care Homes) and renumber subsequent sections. SECTION 23: Section 8.116.040 (Approval) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to delete Section 8.116.040.D. (Large Family Day Care Homes) and renumber subsequent sections. SECTION 24: Section 8.116.050 (Expiration of Zoning Clearance) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to delete Section 8.116.050.D. (Large Family Day Care Home) and renumber subsequent sections. SECTION 25: Chapter 8.124 (Applications, Fees and Deposits) of Title 8 (Zoning) of the Dublin Municipal Code is amended to add Section 8.124.040 (Application Abandonment) to read as follows: 8.124.040 Abandonment of Application. A. If an applicant fails to make reasonable progress in either submitting the necessary information to deem a Planning application complete or responding to comments in order to move the application toward final action and the application becomes inactive for more than 90 days, the application may be considered abandoned and deemed withdrawn, without any further action by the City. B. The Community Development Director or designee may grant one or more 30 -day extensions if he/she determines that circumstances unique to the project justify eac h extension. C. After the abandonment of an application, future City consideration shall require the submittal of a new, complete application and associated fees. SECTION 26: 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 27: 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 __ day of , 2020, by the following votes: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk PLANNING COMMISSION MINUTES Tuesday, April 28, 2020 Planning Commission April 28, 2020 Regular Meeting Page | 1 A Regular Meeting of the Dublin Planning Commission was held on Tuesday, April 28, 2020. In keeping with the guidelines provided by the State of California and Alameda County in response to the Cornavirus (COVID-19) Outbreak, the meeting was held as an online virtual meeting hosted by Zoom Video Communications. The meeting was called to order at 7:00 PM by Commission Chairperson Thalblum. 1. Call to Order and Pledge of Allegiance Attendee Name Title Status Janine Thalblum Planning Commission Chair Present Dawn Benson Planning Commission Vice Chair Present Amit Kothari Planning Commissioner Present Scott Mittan Planning Commissioner Absent Stephen Wright Planning Commissioner Present Catheryn Grier Alternate Planning Commissioner Present Dawn Plants Alternate Planning Commissioner Absent Commissioner Mittan presence announced at 7:54 PM. 2. Oral Communications 2.1. Public Comment No public comment provided. 3. Consent Calendar 3.1. Approve the Minutes of the February 25, 2020 Planning Commission Meeting RESULT: ADOPTED [UNANIMOUS] MOVED BY: Stephen Wright SECOND: Dawn Benson AYES: Janine Thalblum, Amit Kothari, Catheryn Grier 4. Written Communication - None. 5. Public Hearing 5.1 Cambria Hotel (PLPA-2019-00020, PLPA-2019-00044 and PLOC-2020-00053) Planning Commission April 28, 2020 Regular Meeting Page | 2 Amy Million, Principal Planner, made a presentation and responded to questions posed by the Commission. Obaid Khan, Transportation and Operations Manager, responded to questions posed by the Commission. Commission Chairperson Thalblum announced Commissioner Mittan is present and will be allowed to vote. Commission Chairperson Thalblum opened the public hearing. Jerry Hunt, representing Rubicon Property Group, made a presentation and responded to questions posed by the Commission. Ron Davidson, representing designcell Architecture, responded to questions posed by the Commission. Tom Evans, Dublin Resident, provided public comment. Shirley Lewandowski, Dublin Resident, provided public comment. Paige Fennie, representing the Laborer’s International Union of North America Local Union 304, provided public comment. Michael Urueta, Dublin Resident, provided public comment. Linda Knapp, Dublin Resident, provided public comment. Jeanine Gillengerten, Dublin Resident, provided public comment. Commission Chairperson Thalblum closed the public hearing. Kristie Wheeler, Assistant Community Development Director, informed Commissioners that the City Attorney has identified a code section that requires the Heritage Tree Removal Permit to be acted upon along with the other requested entitlements. Kristie Wheeler, Assistant Community Development Director, offered a condition of approval regarding the preservation of two heritage redwood trees. Amy Million, Principal Planner, read a condition of approval regarding protection of nesting birds that was inadvertently omitted from the draft Resolution. Commission Chairperson Thalblum re-opened the public hearing. Marlene Massetti, Dublin Resident, provided public comment. Planning Commission April 28, 2020 Regular Meeting Page | 3 Commission Chairperson Thalblum closed the public hearing. On a motion by Commissioner Thalblum, seconded by Commissioner Mittan, the Planning Commission took the following action, including the two additional conditions of approval provided by Staff: RESOLUTION NO. 20-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW PERMIT FOR THE CONSTRUCTION OF A 138-ROOM HOTEL, A MINOR USE PERMIT TO ALLOW A PARKING REDUCTION FOR SHARED PARKING AND A HERITAGE TREE REMOVAL PERMIT AT 7950 DUBLIN BOULEVARD APN: 941-1500-037-00 PLPA-2019-00020, PLPA-2019-00044 & PLOC-2020-00053 RESULT: ADOPTED [UNANIMOUS] MOVED BY: Janine Thalblum SECOND: Scott Mittan AYES: Stephen Wright, Dawn Benson, Amit Kothari, NOES: 5.2 Dublin Municipal Code Amendments (PLPA-2020-00005) Amy Million, Principal Planner, made a presentation and responded to questions posed by the Commission. Commission Chairperson Thalblum opened and closed the public hearing. On a motion by Commissioner Wright, seconded by Commissioner Kothari, the Planning Commission took the following action: RESOLUTION NO. 20-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO THE DUBLIN MUNICIPAL CODE REPEALING CHAPTER 8.66 AND AMENDING CHAPTERS 5.60, 8.08, 8.12, 8.16, 8.20, 8.40, 8.64, 8.76, 8.102, 8.104, 8.116, AND 8.124 EFFECTIVE CITY-WIDE PLPA-2020-00005 Planning Commission April 28, 2020 Regular Meeting Page | 4 RESULT: ADOPTED [UNANIMOUS] MOVED BY: Stephen Wright SECOND: Amit Kothari AYES: Janine Thalblum, Dawn Benson, Scott Mittan NOES: 5.3 Zoning Ordinance Amendments to Chapter 8.58 (Public Art Program) Shaun Chilkotowsky, Heritage and Cultural Arts Manager, made a presentation and responded to questions posed by the Commission. Commission Chairperson Thalblum opened and closed the public hearing. On a motion by Commissioner Benson, seconded by Commissioner Wright, the Planning Commission took the following action: RESOLUTION NO. 20-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUCIL APPROVAL OF AMENDMENTS TO THE ZONING ORDINANCE CHAPTER 8.58 (PUBLIC ART PROGRAM) RESULT: ADOPTED [UNANIMOUS] MOVED BY: Dawn Benson SECOND: Stephen Wright AYES: Janine Thalblum, Scott Mittan, Amit Kothari, NOES: 6. Unfinished Business - None. 7. New Business 7.1 Five-Year Capital Improvement Program 2020-2025, Finding of General Plan Conformance for Proposed Fiscal Year 2020-21 and Fiscal Year 2021-22 Laurie Sucgang, Assistant Public Works Director/City Engineer, made a presentation and responded to questions posed by the Commission. On a motion by Commissioner Benson, seconded by Commissioner Mittan, the Planning Commission took the following action: RESOLUTION NO. 20-09 A RESOLUTION OF THE PLANNING COMMISSION Planning Commission April 28, 2020 Regular Meeting Page | 5 OF THE CITY OF DUBLIN FINDING CONFORMITY WITH THE ADOPTED GENERAL PLAN FOR THE FISCAL YEAR 2020-21 AND FISCAL YEAR 2021-22 PROJECTS IN THE CITY OF DUBLIN FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM 2020-2025 RESULT: ADOPTED [UNANIMOUS] MOVED BY: Dawn Benson SECOND: Scott Mittan AYES: Janine Thalblum, Amit Kothari, Stephen Wright NOES: 8. Other Business Kristie Wheeler, Assistant Community Development Director, informed the Commission that the next Planning Commission meeting is scheduled for Tuesday, May 12, 2020, but there are no scheduled agenda items. Kristie Wheeler, Assistant Community Development Director, informed the Commission that there is an agenda item scheduled for the Tuesday, May 26, 2020, Planning Commission meeting. That meeting will likely also be a virtual meeting. Commissioner Wright requested public comments submitted after agenda publishing be sent out earlier than Tuesday afternoon. 9. Adjournment The meeting was adjourned by Commission Chairperson Thalblum at 9:50 p.m. Respectfully submitted, Planning Commission Chairperson ATTEST: Kristie Wheeler Assistant Community Development Director RESOLUTION NO. 20-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO THE DUBLIN MUNICIPAL CODE REPEALING CHAPTER 8.66 AND AMENDING CHAPTERS 5.60, 8.08, 8.12, 8.16, 8.20, 8.40, 8.64, 8.76, 8.102, 8.104, 8.116, AND 8.124 EFFECTIVE CITY-WIDE PLPA-2020-00005 WHEREAS, Staff initiated amendments to the Dublin Municipal Code to clarify, add or amend certain provisions to ensure that the Dublin Municipal Code complies with State law and remains internally consistent, and relevant to changes occurring in the community; and WHEREAS, amendments are proposed to Dublin Municipal Code Chapters 5.60 (Heritage Trees); 8.08 (Definitions); 8.12 (Zoning Districts and Permitted Uses of Land); 8.16 (Agricultural Zoning District); 8.20 (Residential Zoning Districts); 8.40 (Accessory Structures); 8.64 (Home Occupations Regulations); 8.66 (Large Family Day Care Homes); 8.76 (Off -Street Parking and Loading Regulations); 8.102 (Minor Use Permit); 8.104 (Site Development Review); 8.116 (Zoning Clearance); and 8.124 (Applications, Fees and Deposits); an d WHEREAS, the proposed amendments relate to compliance with State law requirements for Large Family Day Care Homes (Senate Bill 234), minor amendments to procedures for heritage tree permits, existing definitions for office use, flag pole regulations, reduction of parking regulations and site development review for fencing, walls and condominium conversions, the addition of an application abandonment policy and amendments to expand upon allowed uses in the Industrial zoning districts; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the Planning Commission recommends that the City Council find this project exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments to the Dublin Municipal Code will no t have a significant effect on the environment; and WHEREAS, the Planning Commission held a public hearing on the said application on April 28, 2020; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, a Staff Report dated April 28, 2020 was submitted to the City of Dublin Planning Commission recommending City Council approval of the proposed Municipal Code Amendments; and WHEREAS, the Planning Commission 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, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. 2 of 2 BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 28th day of April 2020 by the following vote: AYES: Mittan, Benson, Thalblum, Kothari, Wright NOES: ABSENT: ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ___________________________________ Assistant Community Development Director