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Home My WebLink AboutItem 8.1 Lucky Market Zoning Ordinance (2) CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 23, 1992 SUBJECT: PA 92-015 Lucky Market Shopping Center - Thomas Wilson - C-N District Zoning Ordinance Amendment Initiation REPORT PREPARED BY: Carol R. Cirelli, Associate Planner EXHIBITS ATTACHED: Attachment 1 : Letter from Thomas B. Wilson dated received March 2, 1992 Attachment 2 : C-N District Regulations Attachment 3 : City Zoning Map RECOMMENDATION: 4��1) Hear Staff presentation. 1•r- 2 ) Take testimony from Applicant. 3) Question Staff and the Applicant. 4 4 ) Deliberate and provide input. 5) Initiate C-N District Zoning Ordinance Amendment Study. FINANCIAL STATEMENT: The cost of processing a Zoning Ordinance Amendment that 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 Amendment. This project would impact some of the medium priority goals and objectives adopted by the City Council for 1992 . DESCRIPTION: The Applicant, Thomas Wilson of Duckett-Wilson Management Company, owner of the Lucky Shopping Center at the southeast corner of San Ramon Road and Alcosta Boulevard, is requesting the City Council to initiate an amendment to the Dublin Zoning Ordinance to allow commercial recreation uses, such as karate schools, dance schools, and health/fitness clubs as permitted uses in the C-N, Neighborhood Business District (C-N) . The Lucky Shopping Center is zoned C-N, which does not allow commercial recreation uses . Some of the uses that are permitted in the C-N District include beauty parlors, laundry/dry cleaning establishments, banks, book stores, drugstores and offices (see Attachment 2 ) . The Zoning Ordinance currently allows a commercial recreation facility as a conditional use in the C-1, Retail Business District ( if within a building) , C-2, General Commercial District and M-1, Light Industrial District (if within a building) . Some of the commercial --------- - ------------------------------------------------------ ITEM NO. COPIES TO: Applicant/Owner Senior Planner Project Planner Agenda File Application File CITY CLERK E Q � recreation uses include martial art schools, dance schools, billiard parlors, night clubs/restaurants with live entertainment/dancing, arcades and miniature golf courses, bowling alleys, and ice rinks . Staff recommends considering the Zoning Ordinance Amendment to classify certain low impact types of commercial recreation uses, such as karate schools, dance schools and health/fitness clubs, as conditional uses in the C-N District. These uses are generally compatible with other uses in a neighborhood shopping center and may be appropriate in the C-N District. There may be other types of commercial recreation uses, such as billiard parlors, arcades, or restaurants with live entertainment and dancing that could be considered as conditional uses in a C-N District. Since these other types of commercial recreation uses typically involve higher impacts, they might not be appropriate in a C-N District or there might need to be careful limitations established to avoid the higher impacts . Commercial recreation uses are conditional uses in the C-1, C-2 and M-1 Districts because there are potential concerns associated with these uses . For example, commercial recreation businesses must comply with all building code requirements for occupancy and, as with all businesses, must apply for a City business license. The Police Department may be concerned with business security, potential parking lot activities generated by the business and business management, or a martial arts school potentially selling illegal items . Certain types of commercial recreation uses may also generate noise, litter and trash. The intent of the C-N District is to provide small scale convenience shopping facilities in areas that are predominantly residential . As shown on the map (Attachment 3) , C-N Districts are typically located adjacent to residential areas . Generally, C-N Districts are located in areas more sensitive to the effects of commercial recreation uses than other commercial or industrial districts . Staff recommends that the City Council initiate the C-N District Zoning Ordinance Amendment Study. If the City Council initiates the Study, Staff requests direction on whether 1) only low impact commercial recreation uses should be considered as conditional uses in the C-N District or 2) all commercial recreation uses should be considered. -2- D UCKETT-W I LSO N MANAGEMENT COMPANY 11150 SANTA MONICA BOULEVARD •SUITE 760• LOS ANGELES, CALIFORNIA 90025-3314• (310)478-8757 February 27, 1992 Larry Tong Planning Director City of Dublin P. O. Box 2340 Dublin, Ca. 94568 Re: Application For Ordinance Amendment to CN Zone Dear Mr. Tong: As the owner of the Lucky Market anchored shopping center on the SEC of Alcosta Boulevard and San Ramon Road, I am writing to express our interest in obtaining an ordinance amendment that would allow recreational uses such as karate schools, dance schools and gyms to exist in CN zoned property. Specifically, we are interested in helping our tenant, Tri Valley Tae Kwon Do, to remain in our shopping center which is zoned CN. On a larger scale, however, we feel it is appropriate for certain recreational uses to exist within a shopping center. As the owner and manager of numerous shopping centers around California, we have found that karate studios, dance studios, workout studios, and gymboree type uses to be very compatible with the other stores in our centers. We find that many parents like to do their shopping in our centers while their children are taking classes at these facilities, and often will shop there before or after their own classes. I am sure that the City Council's review of the nature of the CN zone would confirm our opinions and result in more balanced and effective shopping centers in the City of Dublin. I have enclosed a check in the amount of$100.00,which I have been told is the appropriate fee to begin the zoning amendment procedure. I appreciate your help in this matter, and look forward to working with you further. Sincerely, DUCKETT-WILSON MANAGEMENT COMPANY omas B. Wilson DUBLIN PLANNING Director of Property Management TBW:cj Encl: cc: Mr. Ralph Kachadourian Planning Director Mr. Sang Kim -Tri Valley Tae Kwon Do 350-013-4 � l r C-N DINS § 8-47.0 NEIGHBORHOOD BUSINESS DISTRICTS: IN L>.T. Neighborhood Business - Districts hereinafter designated as C-N Districts, are established to provide for the development of small convenience shopping facilities • in areas which are predominantly residential, at locations where such acilities can be groupe wzt out e riment, and to protect them by excluding uses which would tend to reduce their effectiveness as a neighborhood service. •.•ru;Y,^:.�.._.�rj"-i-'�•..-;n:^..'s.;_� ... :c'w:_.:•ate-�-r.�..:..��- ;•J v•—. lr £":-; .. _�_. :• - - .;stc7lor?t:. '- •-- • ,—- ;wv•,: z;..`;��Prin'cipa U es section 8.47-1 of Title 8 of Ihe-Alameda County Ordi`nance'Code is hereby amend ad to read_i follows: -.+� y,:•`''' ?'' <:= "f =':�'-�'="^�' =:`._:.::::;_:r-;'; 8-47.1 Permitted Uses:C-N Districts.The following Principal Uses are permitted in a C=N=( 1 '�C ::.District. ;. ti.':': : °_.`.':i.: = :`_-=�:.'''=::: >':." ' .•.� i' -•:,r.. a) Bank,barber shop,beauty parlor,cleaning or laundry agency,restaurant,self-service 1 aund ag ne b)Store'for sale at retail of books:clothing, drugs,:flowers.-food.'hardware.musical?.1 — ::.goods;photographic supplies;pzckaged liquor,variety godds'or household supplies N, 5, f 1 We S, 4� y F., retail sales of auto parts,but not to include parts mac4ining or any non`retail serviLes:.rbp i e , acRaged� 7 r' -c) Office or office building. __ - __ ;•":.; •.- ��••., '`�vvu�'iii''iitiisacirviu' L1 D.1,1e5. C) Of 4 8-47. 2 CONDITIONAL USES: C-N DISTRICTS. In addition to the uses listed in Sections 8-60.60 and 8-61.0, the following are Conditional Uses in a C. C-N District and shall be permitted only if approved by the Zoning = Administrator as provided in Section 8-94.0: a) Public utility substation, not including service yard, storape of materials, or vehicles, oz' repair facilities; b) Parking lot; c) Service Station, Type A; d) Drive-in Business. (Amended by sec. 16, Ord. 70-57) A-47.21 Slte Development ttevlew GN Distric:s:Any structure 1,D00 sq.tt.or more or,:,�, DQ D• -77-4—t any construction aggregating 1,000 sq.tt--or more placed since July 9_1977,shall be ?, subject to Site Development Review pursuant to Section 8-95.0:unless zoning approval is granted upon the determination that the construction constitutes a minor project and that'-.; _� the Building Permit plans are in accord with the intent and objectives of the Site Develop; .,t [r r, V V/77 ment Review•procedure. i s i (Amended by sec. '4, Ord. 69-83) 8-47.3 YARDS: C-N DISTRICTS. The yard requirements in C-N Districts shall be as folbws, subject to the general provisions of Section 8-60.33: Depth of Front Yard - not less than twenty (20) feet; Depth of Rear Yard - none, except that where the abutting lot at the rear is in an R District there shall be Rear Yard having a depth not less than fifteen (15) feet; Width of Side Yard - none, except that where the abutting lot at the side is in any R District, there shall be Side Yard having a width not less than the minimum required in a• ks ri and the Side Yard or. the street side of a Corr o 11 e not less than ten (10) feet; § 8_47.4 HEIGHT OF BUILDING: C-N DISTRICT. No Building or Structure in a C-N District shall have a Height in excess of thirty-five (35) feet except as provided by Sections 8-60.9_ and 8-60.10. § 8-47.5 SIGNS: C-N DISTRICT. Signs permitted subject to Section 8-60.68. Type: Business Signs. Size: Area of all signs not to exceed one (1) square foot for each one (1) lineal foot of either Prima. Building Frontage or Secondary Building Frontage, *up to a maximum of one hundred (100) square feet for each business; provided, however, that twenty-five (25) square feet is guaranteed to each business. Location: Wall Signs only. Character: No sign shall be flashing or interrittent, contain moving parts, or be located so as to be directed towards lands in any ad- jacent R District. (Amended by sec. 3, Ord. 74-1) 8-47.5. 1 SERVICE STATION SIGN DISPLAY STRUCTURE: C-N DISTRICT. Subject to Section 8-60.68, one Service Station Sign Display Structure, 32 square feet ` total Brea or when combined with .the -Service Station Price Sign permitted by Section 8-60.65(p) , 64 square feet total for the entire structure, Such sign shall not exceed six (6) feet in height. The Business Sig-n portion shall be included as part of the aggregate sign area permitted on the property; however oo- o the supporting members and design elements shall not be so included and the sign may be freestanding and may be located within a required yard. Every such sign shall be subject to Site Develo=ent Review pursuant to Section 8-95.0. (rased on sec. •1, •Ord. 75-80;. aaended by sec. 1, Ord. 76 711) � § 8-47.6 OPEN IISES EXCLL�ED: C-N DISTRICTS: Al Principal Uses per- : - — o entirely r„i- •^itted in �Dfstricts anal oe co:.duct 3 e_: _�e_y wi ^_:. a Budding except a Parking Lot, an electrical substati6n', and the servicing oT automobiles with gasoline, oil, air and water. § 8-47.7 OTIT R REGLZATIONS: C-N DISTRICTS. All uses in C-N districts Shall conform to the performance standards of this Chapter for X-P districts as set forth in Section 8-50.1. (Amended by sec. 4, Ord. 69-84) :. 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