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HomeMy WebLinkAboutItem 4.05 Zone Ord AmendG~~~ OF DU~~~ ~i ~9~~;~~82 STAFF REPORT CITY C L E R K ~~ ~ ~ DUBLIN CITY COUNCIL File # ^[~]®©-©~ O~LIFOR~~ DATE: February 2, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE ZOA 09-003: Zoning Ordinance Amendments (Legislative) -Amendments to the Dublin Municipal Code related to Large Family Day Care Homes including modifications to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street Parking and Loading), and Chapter 8.116 (Zoning Clearance) and the creation of Chapter 8.66 (Large Family Day Care Homes). At the request of the Planning Commission, a modification to Chapter 8.70 (Indoor Recreational Facilities) is also proposed. Prepared By: Marnie R. Waffle, Senior Planner EXECUTIVE SUMMARY: The City Council will hold a second reading of City-initiated amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to Large Family Day Care Homes and Recreational Facilities (Indoor). The proposed amendments to Large Family Day Care Homes would modify the permit and parking requirements in order to streamline the application process. The amendments include modifications to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off Street Parking and Loading) and Chapter 8.116 (Zoning Clearance) and the creation of Chapter 8.66 (Large Family Day Care Homes). The proposed amendments to Recreational Facilities (Indoor) are at the request of the Planning Commission and include a minor modification to Chapter 8.70 as it relates to Indoor Recreational Facilities within Planned Development Zoning Districts. FINANCIAL IMPACT: The proposed Zoning Ordinance Amendments require amendments to the fee schedule to establish a fee for a Large Family Day Care Home Zoning Clearance and to amend the current fee for a Large Family Day Care Home Conditional Use Permit. The City Council adopted a Resolution amending the fee schedule at the January 19, 2010 meeting. RECOMMENDATION: Staff recommends that the City Council: 1) Waive the reading and adopt the Ordinance approving Zoning Ordinance Amendments to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street Parking and Loading) and Chapter 8.116 (Zoning Clearance) and the creation of Chapter 8.66 (Large Family Day Care Homes); and 2) Waive the reading and adopt an Ordinance amending Zoning Ordinance Chapter 8.70 (Recreational Facilities (Indoor)) relating to Planned Development Zoning Districts. Page 1 of 3 ITEM NO. ~'' ~ G ubmitted By Community Development Director DESCRIPTION: v` Revie y: Assistant City Manager At the request of the City Council, Staff has been reviewing the Zoning Ordinance regulations for various business types in an effort to streamline the entitlement process for development applications and to promote business in Dublin. Large Family Day Care Homes have been identified as an entitlement process that could be streamlined to facilitate and encourage the establishment of day care facilities within the City. A Large Family Day Care Home provides infant and child care for 9-14 children, including school age children, within a residential dwelling. In an effort to streamline the entitlement process for Large Family Day Care Homes, Staff examined the permit procedures of other jurisdictions in the Tri-Valley. Staff also examined past Conditional Use Permit applications approved by the Planning Commission and utilized the Conditions of Approval placed on these applications to prepare development standards for Large Family Day Care Homes. At the November 10, 2009 Planning Commission meeting, Staff presented proposed Zoning Ordinance Amendments for Large Family Day Care Homes to the Planning Commission. The proposed amendments included establishing a Minor Use Permit process with prescribed development standards. The Planning Commission adopted Resolution 09-47 recommending City Council approval of Zoning Ordinance Amendments to Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off-Street Parking and Loading) and the creation of Chapter 8.66 (Large Family Day Care Homes). At the December 1, 2009 City Council meeting, Staff presented the proposed Zoning Ordinance Amendments for Large Family Day Care Homes to the City Council. After deliberating, the City Council directed Staff to revise the proposed Zoning Ordinance Amendments to establish a ministerial process by which Applicants who met prescribed development standards could obtain a Zoning Clearance for a Large Family Day Care Home. Applicants who could not meet prescribed development standards would be required to apply for a Conditional Use Permit to be reviewed by the Planning Commission. On January 19, 2010, Staff returned to the City Council with the proposed Zoning Ordinance Amendments which establish a Zoning Clearance process for Large Family Day Care Homes that meet prescribed development standards (Attachment 1). The City Council waived the reading and introduced the Ordinance approving Zoning Ordinance Amendments to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street Parking and Loading), and Chapter 8.116 (Zoning Clearance) and the creation of Chapter 8.66 (Large Family Day Care Homes) (Attachment 2). Page 2 of 3 Indoor Recreational Facilities On November 17, 2009 the City Council adopted Amendments to the Dublin Municipal Code related to Indoor Recreational Facilities. These Amendments included, in part, the creation of Chapter 8.70 (Recreational Facilities (Indoor)) and the new Minor Use Permit process (Chapter 8.102). As adopted, Chapter 8.70 (Recreational Facilities (Indoor)) states that an Indoor Recreational Facility shall comply with all development standards and regulations for the zoning district in which it is located. This statement can be generally interpreted to apply to Planned Development (PD) Zoning Districts; however, some existing Planned Development Zoning Districts may prohibit an Indoor Recreational Facility while others may permit it by-right. At the request of the Planning Commission, an Amendment to Chapter 8.70 (Recreational Facilities (Indoor)) is being proposed. The proposed amendment clarifies the regulation of Indoor Recreational Facilities across all Planned Development Zoning Districts in the same manner as Large Family Day Care Homes. At the January 19, 2010 City Council meeting, the City Council waived the reading and introduced the Ordinance amending Chapter 8.70 (Recreational Facilities (Indoor)) relating to Planned Development Zoning Districts (Attachment 3). ATTACHMENTS: 1. January 19, 2010 City Council Staff Report (without attachments). 2. Ordinance approving Zoning Ordinance Amendments to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street Parking and Loading) and Chapter 8.116 (Zoning Clearance) and the creation of Chapter 8.66 (Large Family Day Care Homes). 3. Ordinance amending Zoning Ordinance Chapter 8.70 (Recreational Facilities (Indoor)) relating to Planned Development Zoning Districts. Page 3 of 3 ~ i4 ~~ ,,, ,,, 1; STAFF REPORT DUBLIN CITY COUNCIL CITY CLERK File # ~~®Q-Q© DATE: January 19, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE ZOA 09-003: Zoning Ordinance Amendments (Legislative) -Amendments to the Dublin Municipal Code related to Large Family Day Care Homes including modifications to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street Parking and Loading), and Chapter 8.116 (Zoning Clearance) and the creation of Chapter 8.66 (Large Family Day Care Homes), and amendments to the fee schedule as it relates to Large Family Day Care Homes. At the request of the Planning Commission, a modification to Chapter 8.70 (Indoor Recreational Facilities) is also being proposed. Prepan:d By: Mamie R. Waffle, Senior Planner EXECUTIVE SUMMARY: The City Council will review City-initiated amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to Large Family Day Care Homes. The proposed amendments will modify the permit and parking requirements for Large Family Day Care Homes in order to streamline the application process. The amendments include modifications to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off Street Parking and Loading) and Chapter 8.116 (Zoning Clearance) and the creation of Chapter 8.66 (Large Family Day Care Homes). Amendments to the fee schedule are also proposed relating to Large Family Day Care Homes. At the request of the Planning Commission, a minor modification to the recently approved Chapter 8.70 (Recreational Facilities (Indoor)) is proposed as it relates to Indoor Recreational Facilities within Planned Development Zoning Districts. FINANCIAL IMPACT: The proposed Zoning Ordinance Amendments would require amendments to the fee schedule to establish a fee for a Large Family Day Care Home Zoning Clearance and amend the current fee for a Large Family Day Care Home Conditional Use Permit. RECOMMENDATION: Staff recommends the City Council: 1) Receive the Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Take the following actions: a) Waive the reading and introduce an Ordinance approving Zoning Ordinance Amendments to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street Parking and Loading) and Chapter 8.116 (Zoning Clearance) and the creation of Chapter 8.66 (Large Family Day Care Homes); b) Waive the reading and introduce an Page 1 of 7 ITEM NO. ~ _ ~ aJa)io ATTACHMENT 1 a of iL Ordinance amending Zoning Ordinance Chapter 8.70 (Recreational Facilities (Indoor)) relating to Planned Development Zoning Districts; and, c) adopt a Resolution amending Resolution 49- 06 to revise the adopted Fee Schedule and add a fee for a Large Family Day Care Home Zoning Clearance and amend the current fee for a Large Family Day Care Home Conditional Use Permit. u mitt By ' Reviewed By Community Development irector Assistant City Manager DESCRIPTION: At the request of the City Council, Staff has been reviewing the Zoning Ordinance requirements for various business types in an effort to streamline the entitlement process for development applications and to promote businesses in Dublin. Large Family Day Care Homes have been identified as an entitlement process that could be streamlined to facilitate and encourage the establishment of day care facilities within the City. A Large Family Day Care Home provides infant and child care for 9-14 children, including school age children, within a residential dwelling. According to the State of California Community Care Licensing Division, a total of nine (9) Large Family Day Care Homes are currently operating within the City of Dublin. Since 2005, the City has approved five (5) Conditional Use Permit applications for Large Family Day Care Homes and a sixth application was approved in November 2009 by the Planning Commission. Two additional Small Family Day Care Homes (up to 8 children) have expressed interest in expanding to Large Family Day Care Homes once the new regulations take effect. Large Family Day Care Homes are a much needed service within the community. In an effort to streamline the entitlement process for Large Family Day Care Homes, Staff examined the permit procedures of other jurisdictions in the Tri-Valley (Attachment 1, Page 3 of 12). Staff also examined past Conditional Use Permit applications approved by the Planning Commission and utilized the Conditions of Approval placed on these applications to prepare development standards for Large Family Day Care Homes. At the November 10, 2009 Planning Commission meeting, Staff presented proposed Zoning Ordinance Amendments for Large Family Day Care Homes. The proposed amendments included establishing a Minor Use Permit process with prescribed development standards. The Planning Commission adopted Resolution 09-47 (Attachment 2) recommending City Council approval of Zoning Ordinance Amendments to Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off-Street Parking and Loading) and the creation of Chapter 8.66 (Large Family Day Care Homes). At the December 1, 2009 City Council meeting, Staff presented the proposed Zoning Ordinance Amendments for Large Family Day Care Homes. After deliberating, the City Council directed Staff to revise the proposed Zoning Ordinance Amendments to establish a ministerial process by which Applicants who meet prescribed development standards could obtain a Zoning Clearance for a Large Family Day Care Home. Applicants who could not meet the prescribed development standards would be required to apply for a Conditional Use Permit. Page 2 of 7 3 of i~ Analysis: Based on the direction that Staff received from the City Council at the December 1, 2009 meeting, Staff has revised the proposed entitlement process to establish a ministerial process for Large Family Day Care Homes. This ministerial process is similar to the recently approved process for Indoor Recreational Facilities. An Applicant would apply for a Zoning Clearance to establish a Large Family Day Care Home. Staff would review the application for compliance with prescribed development standards. If the application met all the prescribed development standards the Zoning Clearance would be approved. If the application did not meet the prescribed development standards the Applicant would be required to apply for a Conditional Use Permit to be reviewed by the Planning Commission. The prescribed development standards that would apply to a Zoning Clearance application would be as follows: A. Permitted in the A, R-1, R-2, R-M and certain Planned Development Zoning Districts. A Large Family Day Care Home may be established only in the A, R-1, R-2 and R-M Zoning Districts. A Large Family Day Care Home may also be established in a Planned Development (PD) Zoning District if not specifically prohibited by the PD regulations and if the project site has an underlying Agricultural or Residential General Plan Land Use designation. Any PD regulations which require a Conditional Use Permit for Large Family Day Care Homes shall be superseded by this Chapter and any Large Family Day Care Home in a PD Zoning District, unless specifically prohibited, shall be subject to the requirements of this Chapter. B. Parking. A Large Family Day Care Home shall comply with the following parking regulations: 1. The use shall meet the parking requirements contained in Section 8.76.080 of the Off-Street Parking and Loading Regulations. 2. One required loading space may occur on-street in accordance with Section 8.76.080 of the Off-Street Parking and Loading Regulations. Guardians dropping off or picking up children shall first use an available off-street loading space. 3. At no time shall the Large Family Day Care Home operator's personal vehicles interfere with required loading spaces or employee parking. 4. The operator of the Large Family Day Care Home shall facilitate staggered drop-off and pick-up of children by allowing drop-off and pick-up of children to occur over a minimum 1-hour time period. C. Hours of Operation. Hours of operation for the Large Family Day Care Home shall be no earlier than 7:00 a.m. and no later than 7:00 p.m. Monday through Friday. D. Outdoor Play Activities. Outdoor play activities associated with the Large Family Day Care Home shall not occur earlier than 9:00 a.m. or after 6:00 p.m. Page 3 of 7 y~i~ E. Outdoor Play Area. The outdoor play areas associated with the Large Family Day Care Home shall be located in the rear and/or side yards of the dwelling and shall be fully enclosed with a 6-foot fence or wall made of materials that provide solid screening from public view. F. Signage. No signage shall be displayed on-site or off-site at any time advertising the Large Family Day Care Home. G. Minimum Separation. A minimum 300-foot separation is required between all Large Family Day Care Homes located on the same street. A Large Family Day Care Home located within a cul-de-sac shall maintain a 500-foot separation from any other Large Family Day Care Home located within the same cul-de-sac. The separation shall be measured from the property lines. H. State of California Licensing. A copy of the State of California child care license shall be submitted to the Community Development Department prior to establishment of the Large Family Day Care Home and shall remain current and valid throughout the life of the Large Family Day Care Home. I. Business License. The operator of the Large Family Day Care Home shall obtain a City of Dublin Business License prior to opening the Large Family Day Care Home. The Business License shall remain current and valid throughout the life of the Large Family Day Care Home. J. Compliance with Local Ordinances. The operator of the Large Family Day Care Home shall comply with all applicable City of Dublin Ordinances including, but not limited to, Chapter 5.56 (Smoking Pollution Control); Chapter 5.64 (Property Maintenance); and Chapter 7.32 (Building Security). The prescribed development standards would be contained in a new Chapter of the Dublin Zoning Ordinance, Chapter 8.66 (Large Family Day Care Homes). In addition to the creation of Chapter 8.66 (Large Family Day Care Homes), amendments to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street Parking and Loading) and Chapter 8.116 (Zoning Clearance) would also be required. The new chapter and proposed amendments can be found in the draft ordinance included as Attachment 3. Chapter 8.12 (Zoning Districts and Permitted Uses) Chapter 8.12 is proposed to be modified to change the matrix of Permitted and Conditionally Permitted Uses. Large Family Day Care Homes would continue to be permitted in the A, R-1, R-2 and R-M Zoning Districts. The approval process would be modified to require approval of a Zoning Clearance by the Community Development Director so long as the prescribed development standards could be met. As noted above, if the development standards could not be met a Conditional Use Permit would be required and would be reviewed by the Planning Commission. The Planning Commission's decision could be appealed to the City Council. Page 4 of 7 S~~~o Chapter 8.76 (Off Street Parking and Loading) Chapter 8.76 is proposed to be modified to change the parking standards for Large Family Day Care Homes. The parking standards are proposed to be modified as shown in Table 1 below. Table 1. Exlstina and Prouosed Parkins Standard for Large Family Day Care Homes Use T Existin Standard Pro sed Standard Large Family Day Care 2 in enclosed garage per dwelling, plus 2 in enclosed garage per dwelling, plus Home (up to 14 1 space for every employee not 1 space for every employee not children) residing in the home, plus one loading residing in the home, plus one loading space for every 4 children in the facility space for every 6 children in the facility; one loading space may occur on-street if within 150 feet of the dwellin The proposed amended parking standard for Large Family Day Care Homes reduces the number of loading spaces required from 1 space for every 4 children to 1 space for every fi children. This reduces the loading space requirement from 4 spaces to 2 spaces for a Large Family Day Care Home with 14 children. (Note: In accordance with the Off-Street Parking and Loading Regulations, where the number of required parking spaces results in a fraction of 0.50 or higher, the parking requirement is rounded up to the next whole space. Conversely, where the number of required parking spaces results in a fraction of less than 0.50, the parking requirement is rounded down to the next whole space.) The proposed amended parking standards also allow for a loading space to be provided on- street if it is within 150 feet of the residential dwelling where the Large Family Day Care Home is proposed to be established. Allowing an on-street loading space would eliminate the need to process a Conditional Use Permit for an Off-Street Parking Reduction. Chapter 8.116 (Zoning Clearance) Chapter 8.116 would also be modified to add Large Family Day Care Homes to the list of projects requiring a Zoning Clearance. FEE SCHEDULE MODIFICATIONS: Because the proposed entitlement process for Large Family Day Care Homes includes a new application process, the current Fee Schedule would need to be amended to include an application fee for Large Family Day Care Homes Zoning Clearance. With prescribed development standards, the application process for a Zoning Clearance would be streamlined and the amount of Staff time spent reviewing the application would be reduced. Staff estimates that approximately 3 hours would be spent processing the application at a cost of $387.81. Based on City Council direction at the December 1, 2009 City Council meeting, it is proposed that the Applicant pay 25% of the actual cost to process an application for a Large Family Day Care Home. 25% of $387.81 is $96.95. Staff proposes that the application fee be rounded up to $100.00 (see Table 2 below). This proposed fee, for a Large Family Day Care Home Zoning Clearance, would be the same as the current fee for a Large Family Day Care Home Conditional Use Permit even though the process would be significantly streamlined. This is a Page 5 of 7 ~o~i~ result of the current fee being heavily subsidized by the City. While the fee that the Applicant would pay remains the same, the amount of subsidy provided by the City would be significantly reduced due to the streamlined process. An Applicant who does not meet the development standards for a Large Family Day Care Home Zoning Clearance would be required to apply for a Conditional Use Permit to be reviewed by the Planning Commission. Currently, a Large Family Day Care Home Conditional Use Permit is subsidized by the City and Applicants pay a flat fee of $100.00. Staff estimates that approximately 20 hours would be spent processing the application at a cost of $2,585.40. Based on the City Council's direction that Applicants pay 25% of the actual cost to process an application, the fee would be $646.35. Staff proposes that the fee be rounded up to $650.00. Table 2. Proposed Amendments to the City's Fee Schedule Staff Hours Cost to the Ci 25% of Ci Cost Pro osed Fee Zoning 3 $387.81 $96.95 $100.00 Clearance Conditional 20 $2,585.40 $646.35 $650.00 Use Permit A Resolution amending the City's Fee Schedule to establish a fee for a Large Family Day Care Home Zoning Clearance and amend the current fee for a Large Family Day Care Home Conditional Use Permit is included as Attachment 4. INDOOR RECREATIONAL FACILITIES: At the request of the City Council, Planning Division Staff has been reviewing the Zoning Ordinance requirements for various business types in an effort to streamline the entitlement process for development applications and to promote businesses in Dublin. On November 17, 2009 the City Council adopted Amendments to the Dublin Municipal Code related to Indoor Recreational Facilities. These Amendments included, in part, the creation of Chapter 8.70 (Recreational Facilities (Indoor)) and the new Minor Use Permit process (Chapter 8.102). As adopted, Chapter 8.70 (Recreational Facilities (Indoor)) states that an Indoor Recreational Facility shall comply with all development standards and regulations for the zoning district in which it is located. This statement can be generally interpreted to apply to Planned Development (PD) Zoning Districts; however, some existing Planned Development Zoning Districts may prohibit an Indoor Recreational Facility while others may permit it by-right. At the request of the Planning Commission, an Amendment to Chapter 8.70 (Recreational Facilities (Indoor)) is being proposed. The proposed amendment clarifies the regulation of Indoor Recreational Facilities across all Planned Development Zoning Districts in the same manner as Large Family Day Care Homes, as described in this Staff Report. The proposed amendment to Chapter 8.70 is as follows: 8.70.030.A Permitted in the C-1, C-2, M-P, M-1, M-2, and certain Planned Development Zoning Districts. An Indoor Recreational Facility may be established only in the C-1, C-2, M-P, M-1, and M-2 Zoning Districts. An Indoor Recreational Facility may also be Page 6 of 7 7d i~ established in a Planned Development (PD) Zoning District if not specifically prohibited by the PD regulations and if the project site has an underlying Commercial or Industrial General Plan Land Use designation. Any PD regulations which require a Conditional Use Permit for an Indoor Recreational Facility shall be superseded by this Chapter. Any Indoor Recreational Facility in a PD Zoning District, unless specifically prohibited or expressly permitted by right, shall be subject to the requirements of this Chapter. A draft Ordinance (Attachment 5) has been prepared for City Council consideration that adds Section 8.70.030A to address the Planning Commission's direction. ENVIRONMENTAL REVIEW: The project has been found to be exempt from the California Environmental Quality Act (CEQA), according to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the amendments to Title 8 (Zoning Ordinance) of the Dublin Municipal Code (Zoning Ordinance) may have a significant effect on the environment. The proposed Ordinance does not allow any new uses, but rather simplifies the permitting process for an already permitted use. In addition, CEQA Guidelines section 15274 explicitly exempts from CEQA the establishment or operation of Large Family Day Care Homes. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a public notice was published twice in the Valley Times and posted at several locations throughout the City. A notice of this hearing was mailed to those requesting such notice 14 days before the hearing and the Staff Report and attachments were made available for public review 10 days prior to the public hearing in accordance with Government Code Sections 66016 and 66017. ATTACHMENTS: 1. December 1, 2009 City Council Staff Report, without attachments. 2. Planning Commission Resolution 09-47 recommending City Council approval of Zoning Ordinance Amendments to Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off-Street Parking and Loading) and the creation of Chapter 8.66 (Large Family Day Care Homes). 3. Ordinance approving Zoning Ordinance Amendments to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street Parking and Loading) and Chapter 8.116 (Zoning Clearance) and the creation of Chapter 8.66 (Large Family Day Care Homes). 4. Resolution amending Resolution 49-06 to revise the adopted fee schedule and add fees for the following applications: Large Family Day Care Homes Zoning Clearance and Large Family Day Care Homes Conditional Use Permit. 5. Ordinance amending Zoning Ordinance Chapter 8.70 (Recreational Facilities (Indoor)) related to Planned Development Zoning Districts. Page 7 of 7 0 d1 ~~4 ORDINANCE NO. XX -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING ZONING ORDINANCE CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES), CHAPTER 8.76 (OFF-STREET PARKING AND LOADING) AND CHAPTER 8.116 (ZONING CLEARANCE) AND THE CREATION OF CHAPTER 8.66 (LARGE FAMILY DAY CARE HOMES) ZOA 09-003 WHEREAS, at the request of the City Council, Staff has been reviewing the Zoning Ordinance for ways to streamline the entitlement process for development applications and to promote businesses in Dublin; and WHEREAS, Staff has identified proposed amendments to the Dublin Zoning Ordinance to modify the permit and parking requirements for Large Family Day Care Homes (up to 14 children) in order to streamline the application process for this type of use. The amendments include modifications to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off- Street Parking and Loading) and Chapter 8.116 (Zoning Clearance) and the creation of a new chapter, Chapter 8.66 (Large Family Day Care Homes) (together, the "Zoning Ordinance Amendments"); and WHEREAS, the exact text amendments are shown in Section 2 through Section 4 of this Ordinance; and WHEREAS, the Planning Commission did hold a properly noticed public hearing to consider these amendments on November 10, 2009 and adopted Resolution 09-47 recommending that the City Council approve amendments to Title 8 (Zoning Ordinance) of the Municipal Code; and WHEREAS, a properly noticed public hearing was held by the City Council on December 1, 2009; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Zoning Ordinance Amendments; and WHEREAS, at the December 1, 2009 City Council meeting the City Council directed Staff to modify the Zoning Ordinance Amendments to change the permitting process for Large Family Day Care Homes from the proposed Minor Use Permit process to a Zoning Clearance process with prescribed development standards; and WHEREAS, a properly noticed public hearing was held by the City Council on January 19, 2010; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Zoning Ordinance Amendments; and . Page 1 of 6 Attachment 2 ~~~~~ WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan; and WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, be it resolved that the City Council of the City of Dublin does ordain as follows: SECTION 1. Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this Ordinance is exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. Adoption of this Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the amendments to Title 8 (Zoning Ordinance) of the Dublin Municipal Code may have a significant effect on the environment. The proposed Ordinance does not allow any new uses, but rather simplifies the permitting process for an already permitted use, and brings the parking requirements and other regulations for Large Family Day Care Homes more in line with those of neighboring jurisdictions. In addition, CEQA Guidelines section 15274 explicitly exempts from CEQA the establishment or operation of Large Family Day Care Homes. SECTION 2. Chapter 8.12 (Zoning Districts and Permitted Uses) of the Dublin Municipal Code is hereby amended to read as follows: (Text to be removed is shown in and text to be added is shown as underlined. Only those Sections of the Ordinance which are proposed to be amended are shown.) RESIDENTIAL USE TYPES RESIDENTIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Family Day G/RO 6./R~ E/RC C/RG - - - - - - - Care Home/ ZC/ ZC/ ZC/ ZC/ Large (up to 14 CUP CUP CUP CUP children) (See Cha ter 8.66 SECTION 3. Chapter 8.76.070.B (Off-Street Parking and Loading Regulations) of the Dublin Municipal Code is hereby amended to read as follows: (Text to be removed is shown in c*r~'-°*"''^~ ~^" and text to be added is shown as underlined. Only those Sections of the Ordinance which are proposed to be amended are shown.) 2of6 Iaef Ire B. Residential Use Types. Residential Use Types shall provide off-street parking spaces as follows: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Family Day Care Home/ Large 2 in enclosed garage per dwelling, plus 1 space for (up to 14) every employee not residing in the home, plus one loading space for every 4 6 children in the facility; one loading space may occur on-street if within 150 feet of the dwellin SECTION 4. Chapter 8.116 (Zoning Clearance) of the Dublin Municipal Code is hereby amended to read as follows: (Text to be removed is shown in and text to be added is shown as underlined. Only those Sections of the Ordinance which are proposed to be amended are shown.) 8.116.010 Purpose. The purpose of this Section is to establish a procedure for certifying conformance of a Building Permit, Sign application, er Recreational Facility (Indoor) or Large Family Day Care Home application with the requirements of this Title, the General Plan, any applicable Specific Plans, and the terms and conditions of any applicable permits or variances. 8.116.020 Applications Requiring a Zoning Clearance. D. Large Family Dav Care Homes that meet the standards specified in Chapter 8.66 (Carpe Family Dav Care Homes). 8.116.030 Application. The Applicant shall submit a complete application for a Building Permit for a structure or a sign. Rev. Ord. 1-04 (January 2004) If the Zoning Clearance is for a Large Family Dav Care Home, the Applicant shall submit a "Zoning Clearance for Large Family Dav Care Homes" form along with such information requested on said form. 8.116.040 Approval. The Director shall decide Zoning Clearance applications as follows: D. Larae Family Dav Care Homes. All Large Family Dav Care Homes shall be reviewed for compliance with Chapter 8.66 (Large Family Dav Care Homes). The Zoning Clearance approval for Large Family Day Care Homes shall be a completed "Zoning Clearance for Large Family Dav Care Homes" form with the date and signature of the Community Development Director orhis/her designee. 8.116.050 Expiration of Zoning Clearance. A Zoning Clearance issued in conjunction with a Building Permit shall expire when the Building Permit expires. A Zoning Clearance issued in conjunction with a Recreational Facility (Indoor) or Large Family Day Care Home shall expire when the use is no longer operational or the #asi~y use is no longer in compliance with Chapter 8.70 (Recreational Facilities 3of6 11 d lea (Indoor)) or Chapter 8.66 (Large Family Day Care Homes). Rev. Ord. xx-09 (November 2009) SECTION 5. Chapter 8.66 (Large Family Day Care Homes) of the Dublin Municipal Code is hereby added to read as follows: CHAPTER 8.66 LARGE FAMILY DAY CARE HOMES 8.66.010 Purpose and Intent. The purpose of this Chapter is to provide for the establishment of Large Family Day Care Homes for up to 14 children within a residential home. 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 Conditional Use Permit to be reviewed by the Planning Commission as described in Chapter 8.100 (Conditional Use Permit). 8.66.030 Development Standards and Regulations. An application for a Zoning Clearance to establish a Large Family Day Care Home shall comply with the following development standards and regulations: A. Permitted in the A, R-1, R-2, R-M and certain Planned Development Zoning Districts. A Large Family Day Care Home may be established only in the A, R-1, R-2 and R-M Zoning Districts. A Large Family Day Care Home may also be established in a Planned Development (PD) Zoning District if not specifically prohibited by the PD regulations and if the project site has an underlying Agricultural or Residential General Plan Land Use designation. Any PD regulations which require a Conditional Use Permit for Large Family Day Care Homes shall be superseded by this Chapter and any Large Family Day Care Home in a PD Zoning District, unless specifically prohibited, shall be subject to the requirements of this Chapter. B. Parking. The Large Family Day Care Home shall comply with the following parking regulations: 1. The use shall meet the parking requirements contained in Section 8.76.080 of the Off-Street Parking and Loading Regulations. 2. One required loading space may occur on-street in accordance with Section 8.76.080 of the Off-Street Parking and Loading Regulations. Guardians 4of6 is ~ ~e dropping off or picking up children shall first use an available off-street loading space. 3. At no time shall the Large Family Day Care Home operator's personal vehicles interfere with required loading spaces or employee parking. 4. The operator of the Large Family Day Care Home shall facilitate staggered drop-off and pick-up of children by allowing drop-off and pick-up of children to occur over a minimum 1-hour time period. C. Hours of Operation. Hours of operation for the Large Family Day Care Home shall be no earlier than 7:00 a.m. and no later than 7:00 p.m. Monday through Friday. D. Outdoor Play Activities. Outdoor play activities associated with the Large Family Day Care Home shall not occur earlier than 9:00 a.m. or after 6:00 p.m. E. Outdoor Play Area. The outdoor play areas associated with the Large Family Day Care Home shall be located in the rear and/or side yards of the dwelling and shall be fully enclosed with a 6-foot fence or wall made of materials that provide solid screening from public view. F. Signage. No signage shall be displayed on-site or off-site at any time advertising the Large Family Day Care Home. G. Minimum Separation. A minimum 300-foot separation is required between all Large Family Day Care Homes located on the same street. A Large Family Day Care Home located within a cul-de-sac shall maintain a 500-foot separation from any other Large Family Day Care Home located within the same cul-de-sac. The separation shall be measured from the property lines. H. State of California Licensing. A copy of the State of California child care license shall be submitted to the Community Development Department prior to establishment of the Large Family Day Care Home and shall remain current and valid throughout the life of the Large Family Day Care Home. I. Business License. The operator of the Large Family Day Care Home shall obtain a City of Dublin Business License prior to opening the Large Family Day Care Home. The Business License shall remain current and valid throughout the life of the Large Family Day Care Home. J. Compliance with Local Ordinances. The operator of the Large Family Day Care Home shall comply with all applicable City of Dublin Ordinances including but not limited to, Chapter 5.56 (Smoking Pollution Control); Chapter 5.64 (Property Maintenance); and, Chapter 7.32 (Building Security). 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 5 of 6 I, of Ib Section 8.66.030, a Conditional Use Permit for the Large Family Day Care Home shall be required. SECTION 6. Severability. In the event that any section or portion of this Ordinance is determined to be invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 7. Savings Clause. All code provisions, ordinances, and parts of ordinances in conflict with the provisions of this chapter are repealed. The provisions of this chapter, insofar as they are substantially the same as existing code provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this Ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal. SECTION 8. 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 passage. 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 36933 of the Government Code of the State of California. PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this day of 2010, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 6 of 6 ly gf ~~ ORDINANCE NO. xx -10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING ZONING ORDINANCE CHAPTER 8.70 (RECREATIONAL FACILITIES (INDOOR)) RELATING TO PLANNED DEVELOPMENT ZONING DISTRICTS ZOA 09-002 WHEREAS, at the request of the City Council, Staff has been reviewing the Zoning Ordinance for ways to streamline the entitlement process for development applications and to promote businesses in Dublin; and WHEREAS, on November 3, 2009 and November 17, 2009, Staff presented to the City Council a series of proposed amendments to the Dublin Zoning Ordinance to modify the permit and parking requirements for Indoor Recreational Facilities in order to streamline the application process for these types of uses. The amendments include modifications to Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off Street Parking and Loading), Chapter 8.116 (Zoning Clearance), and Chapter 8.132 (Notice and Hearing). Amendments also include the creation of two new Chapters: Chapter 8.70 (Recreational Facilities (Indoor)) and Chapter 8.102 (Minor Use Permit); and WHEREAS, a properly noticed public hearing was held by the City Council on November 3, 2009 and November 17, 2009 and Ordinance No. xx-09 was approved by the City Council on November 17, 2009; and WHEREAS, at a Planning Commission meeting held on November 10, 2009 where the Planning Commission was reviewing proposed Zoning Ordinance amendments related to Large Family Daycare Homes, the request was made by the Planning Commission to ensure that the recently-approved Indoor Recreational Facility Zoning Ordinance amendments included provisions similar to those in the Large Family Day Care Homes amendments that would allow the Indoor Recreational Facility use in Planned Development Zoning Districts; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Zoning Ordinance Amendments; and WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan; and WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: Section 1: Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this Ordinance is exempt from CEQA per CEQA Guidelines Section 15601(b)(3). Section 15601(b)(3) states that CEQA applies only to those projects that have the potential to cause a ATTACHMENT 3 l5af l~ significant effect on the environment. Adoption of this Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the amendments to Title 8 (Zoning Ordinance) of the Dublin Municipal Code may have a significant effect on the environment. The proposed Ordinance does not allow any new uses, but rather simplifies the permitting process for an already permitted use. Section 2: Chapter 8.70 (Recreational Facility (Indoor)) of Title 8 of the Dublin Municipal Code is amended to include new section 8.070.030.A to read as follows (new text underlined): 8.70.030 Development Standards and Regulations. An Indoor Recreation Facility shall comply with all development standards and regulations for the zoning district in which it is located and any applicable other provisions of the City Code or regulations, including occupancy, accessibility, California Building Code, and Fire Code requirements. A. Permitted in the C-1. C-2. M-P. M-1, M-2, and certain Planned Development Zonin Districts. An Indoor Recreation Facility may be established only in the C-1, C-2. M-P, M-1, and M-2 Zoning Districts. An Indoor Recreation Facility may also be established in a Planned Development (PD) Zoning District if not specifically prohibited by the PD regulations and if the project site has an underlying Commercial or Industrial General Plan Land Use designation. Any PD regulations which require a Conditional Use Permit for an Indoor Recreation Facility shall be superseded by this Chapter. Any Indoor Recreation Facility in a PD Zoning District, unless specifically prohibited or expressly permitted by right, shall be subject to the requirements of this Chapter. Section 3: Severability. In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Section 4: Savings Clause. All code provisions, ordinances, and parts of ordinances in conflict with the provisions of this chapter are repealed. The provisions of this chapter, insofar as they are substantially the same as existing code provisions relating to the same subject matter shall be construed as restatements and continuations thereof and not as new enactments. With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal. Section 5: 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 Page 2 of 3 ~~ ~- ib Government Code of California. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this _ day of , 2010, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Page 3 of 3