HomeMy WebLinkAboutItem 4.02 Zone Ord Sec Storage~~,~ OF DpBl~
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19~~ ~~~ STAFF REPORT C I T Y C L E R K
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~4LIFOR~~ DUBLIN CITY COUNCIL File # ^[~J000 -~~
DATE: December 21, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE • PLPA-2010-00005 Dublin Security Storage Zoning Ordinance Amendments
Report prepared by Marnie Waffle, Senior Planner
EXECUTIVE SUMMARY:
Dublin Security Storage is requesting a Zoning Ordinance Amendment to allow Mini-Storage as
a permitted use in the M-1 (Light Industrial) Zoning District. A Zoning Ordinance Amendment is
also proposed to identify the M-1 (Light Industrial) Zoning District as being consistent with the
Business Park/Industrial and Outdoor Storage General Plan Land Use designation. A Negative
Declaration for the project has been prepared and was circulated for public review from October
2, 2010 to October 22, 2010. No public comments were received. On November 9, 2010 the
Planning Commission approved a Site Development Review for the construction of a new 8,160
square foot mini-storage building and the conversion of 4,650 square feet of an existing
warehouse building for mini-storage uses. That approval is contingent upon City Council
approval of the Zoning Ordinance Amendments and Negative Declaration. On December 7,
2010 the City Council introduced an Ordinance approving the Zoning Ordinance Amendments
and adopted the Negative Declaration. A second reading of the Ordinance is required prior to
adoption.
FINANCIAL IMPACT:
No financial impact.
RECOMMENDATION:
Staff recommends that the City Council: 1) Waive the reading and adopt an Ordinance
amending Zoning Ordinance Chapter 8.12 (Zoning Districts and Permitted Uses of Land) to
allow Mini-Storage as a permitted use in the M-1 (Light Industrial) Zoning District and Chapter
8.28 (Industrial Zoning Districts) to identify the M-1 (Light Industrial) Zoning District as
consistent with the Business Park/Industrial and Outdoor Storage General Plan Land Use.
ubmitted by: eviewe y:
Community Development Assistant City anager
Director
Page 1 of 3 ITEM NO.
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G: IPA#120101PLPA-2010-00006 Dublin Securiry Storage Re=_SDRICC 12.21.l0 2nd ReadrnglCCSR 2nd 12.2/. /O.doc ~
DESCRIPTION:
Dublin Security Storage is an existing
mini-storage facility located at 6005/6015
Scarlett Court. The project site is located
on a flag lot north of the existing Hyundai
dealership (see Figure 1). Access to the
site is obtained from a driveway off of
Scarlett Court, east of the Hyundai
dealership. Dublin Security Storage does
not have direct frontage on Scarlett Court.
Dublin Security Storage is comprised of
two parcels. The southern parcel is
developed with seven (7) mini-storage
buildings and the northern parcel is
developed with one, 2-story mini-storage
building and two warehouse buildings.
Parking for customers, employees and for
vehicle storage is provided throughout the
site.
I
N
The project site has a General Plan Land Use Designation of "Business Park/Industrial and
Outdoor Storage" and is located in the M-1 (Light Industrial) Zoning District.
The mini-storage facility was originally approved through a Site Development Review by the
Alameda County Planning Director in 1978. Public storage facilities where items are stored
indoors have historically been a permitted use at the project site.
In 1997, the City of Dublin completed a comprehensive update to the Zoning Ordinance. It
appears that Mini-Storage inadvertently became a prohibited use in the M-1 Zoning District. As
a result, Dublin Security Storage has a legal non-conforming status. As a legal non-conforming
use, Dublin Security Storage is not allowed to expand or intensify the mini-storage facility.
The proposed project is Zoning Ordinance Amendments to allow Mini-Storage as a permitted
use in the M-1 (Light Industrial) Zoning District and to identify the M-1 (Light Industrial) Zoning
District as being consistent with the Business Park/Industrial and Outdoor Storage General Plan
Land Use designation.
At the December 7, 2010 City Council meeting, Staff presented the proposed Zoning Ordinance
Amendments and Negative Declaration to the City Council (Attachment 1). After deliberating,
the City Council waived the reading and introduced an Ordinance amending Zoning Ordinance
Chapter 8.12 (Zoning Districts and Permitted Uses of Land) to allow Mini-Storage as a
permitted use in the M-1 (Light Industrial) Zoning District and Chapter 8.28 (Industrial Zoning
Districts) to identify the M-1 (Light Industrial) Zoning District as consistent with the Business
Park/Industrial and Outdoor Storage General Plan Land Use, and adopted the Negative
Declaration. The City Council is currently requested to waive the second reading and adopt the
Ordinance (Attachment 2).
ATTACHMENTS: 1) December 7, 2010 City Council Staff Report (without
attachments).
Page 2 of 3
Figure 1. Dublin Security Storage Project Site
2) Ordinance amending Zoning Ordinance Chapter 8.12
(Zoning Districts and Permitted Uses of Land) to allow
Mini-Storage as a permitted use in the M-1 (Light
Industrial) Zoning District and Chapter ~8.28 (Industrial
Zoning Districts) to identify the M-1 (Light Industrial)
Zoning District as consistent with the Business
Park/Industrial and Outdoor Storage General Plan
Land Use.
Page 3 of 3
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STAFF REPORT
DUBLIN CITY COUNCIL
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CITY CLERK
F~ie # ^~~ 0^-0~
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DATE: December 7, 2010
TO: Honorable Mayor and City Councilmembers
FROM: - Joni Pattillo, City Manager
SUBJEC : UBLIC HEARING: PLPA-2010-00005 Dublin Security Storage Zoning O~dinance
Amendments and Negative Declaration
Report prepared by Mamie Waffle, Senior Planner~
EXE~UTIVE SUMMARY: ~
Dublin Security Storage is requesting a Zoning Ordinance Amendment to allow Mini-Storage as
a permitted use in the M-1 (Light Industrial) Zoning District. A Zoning Ordinance Amendment is
also proposed to identify the M-1 (Light Industrial) Zoning District as being consistent with the
Business Park/Industrial and Outdoor Storage General Plan Land Use designation. A Negative
Declaration for the project has been prepared and was circulated for public review from October
2, 2010 to October 22, 2010. No public comments were received. On November 9, 2010 the
Planning Commission approved a Site Development Review for the construction of a new 8,160
square foot mini-storage building and the conversion of 4,650 square feet of an existing
warehouse building for mini-storage uses. That approval is contingent upon City Council
approval of the Zoning Ordinance Amendments and Negative Declaration.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the public
hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and
deliberate; 5) Adopt a Resolution adopting a Negative Declaration to amend Zoning Ordinance
Chapter 8.12 (Zoning Districts and Permitted Uses of Land) to allow Mini-Storage as a
permitted use in the M-1 (Light Industrial) Zoning District and Chapter 8.28 (Industrial Zoning
Districts) to identify the M-1 (Light Industrial) Zoning District as consistent with the Business
Park/Industrial and Outdoor Storage General Plan Land Use and Site Development Review for
the construction of a new 8.160 square foot mini-storage building and the conversion of 4,650
square feet of an existing warehouse building to mini-storage uses at Dublin Security Storage;
and, 6) Waive the reading and introduce an Ordinance amending Zoning Ordinarice Chapter
8.12 (Zoning Districts and Permitted Uses of Land) to allow Mini-Storage as a permitted use in
the M-1 (Light Industrial) Zoning District and Chapter 8.28 (Industrial Zoning Districts) to identify
the M-1 (Light Industrial) Zoning District as consistent with the Business Park/InduStrial and
Outdoor Storage General Plan Land Use. ~_ ~J
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S mitted By Rev ewed y "
Community Development Director Assistant ~ anager
~~_ tit-i~s
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Page 1 of 5 _ _ _ . ,_ _~.--:--- _ _ i
ATTACHMENT 1 ~
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DESCRIPTION:
Dublin Security Storage is an existing
mini-storage facility located at 6005/6015
Scarlett Court. The project site is located
on a flag lot north of the existing Hyundai
dealership (see Figure 1). Access to the
site is obtained from a driveway off of
Scarlett Court, east of the Hyundai
dealership. Dublin Security Storage does
not have direct frontage on Scarlett Court.
Dublin Security Storage is comprised of
finro ~ parcels. The southern parcel is
developed with seven (7) mini-storage
buildings and the northern parcel is
developed with one, 2-story mini-storage
building and finro warehouse buildings.
Parking for customers, employees and for
vehicle storage is provided throughout the
site.
I
N
The project site has a General Plan Land Use Designation of "Business Park/Industrial and
Outdoor Storage" and is located in the M-1 (Light Industrial) Zoning District.
The mini-storage facility was originally approved through a Site Development Review by the
Alameda County Planning Director in 1978. Public storage facilities where items are stored
indoors have historically been a permitted use at the project site.
In 1997, the City of Dublin completed a comprehensive update to the Zoning Ordinance. ft
appears that Mini-Storage inadvertently became a prohibited use in the M-1 Zoning District. As
a result, Dublin Security Storage has a legal non-conforming status. As a legal non-conforming
use, Dublin Security Storage is not allowed to expand or intensify the mini-storage facility.
The proposed project is Zoning Ordinance Amendments to allow Mini-Storage as a permitted
use in the M-1 (Light Industrial) Zoning District and fo identify the M-1 (Light Industrial) Zoning
District as being consistent with the Business Park/Industrial and Outdoor Storage General Plan
Land Use designation.
ANALYSIS:
Zoning Ordinance Amendments
Amendment No. 1
Chapter 8.12 (Zoning Districts and Permitted Uses of Land) sets forth the permitted, conditional
and prohibited uses for all Zoning Districts. Mini-Storage is currently permitted in the C-2
(General Commercial) Zoning District and prohibited in the M-1 (Light Industrial) Zoning District.
,. . ~ ~
Figure 1. Dublin Security Storage Project Site
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There are finro Mini-Storage facilities in Dublin that are located in the M-1 Zoning District and
both are located on Scarlett Court (there are three additional mini-storage facilities in Dublin and
they are located in commercial zoning districts). Dublin Security Storage is located at 6005/6015
Scarlett Court and U-Haul is located at 6265 Scarlett Court. In accordance with Chapter 8.140
(Non-Conforming Structures and Uses) both Mini-Storage facilities are legal non-conforming.
Expansion or intensification of a non-conforming use is prohibited.
Mini-Storage is an appropriate use in the M-1 (Light Industrial) Zoning District which is intended
to provide for the continued use, expansion and new development of light industrial use types
including storage uses.
The Dublin Zoning Map identifies those areas of the City where the M-1 Zoning District is
located (Attachment 1). The proposed Zoning Ordinance Amendment would aNow Mini-Storage
as a~permitted use in these areas as well as within PD (Planned Development) Zoning Districts
which have underlying M-1 (Light Industrial) uses. Attachment 2 shows the proposed
amendment in strikethrough/underline and Attachment 3 is the draft Ordinance adopting the
proposed amendment.
Amendment No. 2
The Zoning Ordinance (Chapter 8.28 Industrial Zoning Districts) sets forth consistency between
the Zoning Ordinance. and General Plan. The Zoning Ordinance currently identifies the M-1
Zoning District as consistent with the "Business Park/Industrial" and "Industrial Park" Land Use
Designations of the General Plan (Section 8.28.020.B.4) but falls silent regarding the "Business
Park/Industrial and Outdoor Storage" General Plan Land Use. The majority of Scarlett Court,
including the project site, has an existing General Plan Land Use Designation of "Business
Park/Industrial and Outdoor Storage" and is zoned M-1 (Light Industrial).
The "Business Park/Industrial and Outdoor Storage" General Plan Land Use includes all land
uses allowed under the "Business Park/Industrial" General Plan Land Use such as, non-retail
businesses that do not involve heavy trucking or generate nuisances, due to emissions, noise or
open uses; Scarlett Court is given as an example. In addition to these uses, outdoor storage is
also allowed. Mini-Storage is consistent with the General Flan Land Use.
The intent of the M-1 (Light Industrial) Zoning District is to provide for the continued use,
expansion and new development of light industrial use types in proximity to major transportation
corridors and to ensure compatibility with adjacent residential and commercial uses. Use Types
permitted in the M-1 Zoning District include laboratories, contractor's office, commercial parking
lots or garages, light industrial, printing and publishing, research and development, warehousing
and distribution, and other similar and related uses. These Use Types are consistent with the
"Business Parkllndustrial and Outdoor Storage" General Plan Land Use. Therefore, Staff is
recommending a Zoning Ordinance Amendment to identify the M-1 Zoning District as also being
consistent with the ``Business Park/Industrial and Outdoor Storage" General Plan Land Use.
Attachment 3 is the draft Ordinance adopting the proposed amendment and Attachment 4
shows the proposed amendment in strikethrough/underline.
Planning Commission Meeting
At the November 9, 2010 Planning Commission meeting the Planning Commission adopted a
Resolution recommending City Council approval of the Zoning Ordinance Amendments
t. ~
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(Attachment 5) and adopted a Resolution approving a Site Development Review (see
Attachment 6) for the construction of a new 8,160 square foot mini-storage building, one
exterior modification to convert 4,650 square feet of an existing warehouse building for mini-
storage uses and associated site improvements. The Site Development Review approval is
contingent upon City Council approval of the Zoning Ordinance Amendments and Negative
Declaration. For a complete discussion of the Site Development Review, please refer to the
Planning Commission Staff Report (Attachment 7) and Meeting Minutes (Attachment 8).
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with the State Guidelines and City
Environmental Regulations require that certain projects be reviewed for environmental impacts
and when applicable, environmental documents prepared. An Initial Study/Negative
Declaration was prepared and circulated for public review from October 2, 2010 to October 22,
2010 (Attachment 9, Exhibit A). No public comments were received.
CONSISTENCY WITH THE GENERAL PLAN APID ZONING ORDINANCE:
The project site is designated Business Park/Industrial and Outdoor Storage in the General
Plan and has a permitted Floor Area Ratio of .25-.40. The project proposes a.34 Floor Area
Ratio which is consistent with the General Plan. The project site is located in an M-1 (Light
Industrial) Zoning District. The Zoning Ordinance, as amended, would allow Mini-Storage as a
permitted use in the M-1 Zoning District. The project complies with the development standards
for the M-1 Zoning District including building setbacks and heights.
NOTICING REQUIREMENTS/PUBL(C OUTREACH:
In accordance with State law, a Public Notice was mailed to all property owners and occupants
within 300-feet of the proposed Project (Dublin Security Storage). The Public Notice was also
mailed to all property owners and occupants within 300-feet of other mini-storage facilities in the
M-1 (Light Industrial) Zoning District (U-Haul) and to ali other mini-storage facilities City-wide.
The Public Notice was also published in the Valley Times and posted at several locations
throughout the City. To date, the City has received no objections from surrounding property
owners regarding the Project. A copy of this Staff Report was provided to the
Applicant/Property Owner.
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ATTACHMENTS: 1) Dublin Zoning Map.
2) Draft Zoning Ordinance amendments to Chapter 8.12 (Zoning
Districts and Permitted Uses of Land) with changes shown in
strikethroug hlunderline.
3) Ordinance amending Zoning Ordinance Chapter 8.12 (Zoning
Districts and Permitted Uses of Land) to allow Mini-Storage as a
permitted use in the M-1 (Light Industrial) Zoning District and
Chapter 8.28 (In,dustrial Zoning Districts) to identify the M-1 (Light
Industrial) Zoning District as consistent with the Business
Park/Industrial and Outdoor Storage General Plan Land Use.
4) Draft Zoning Ordinance amendments to Chapter 8.28 (Industrial
, Zoning Districts) with changes shown in.strikethrough/underline.
5) Planning Commission Resolution 10-53 recommending City Council
adoption of Zoning Ordinance amendments to allow Mini-Storage as
a permitted use in the M-1 (Light Industrial) Zoning District and to
identify the M-1 (Light Industrial) Zoning District as consistent with
the Business Park/Industrial and Outdoor Storage General Plan
Land Use.
6) Planning Commission Resolution 10-54 approving a Site
~ Development Review for the construction of a new 8,160 square foot
mini-storage building and the conversion of 4,650 square feet of an
existing warehouse building to mini-storage uses at 6005/6015
Scarlett Court, with Project Plans attached as Exhibit A and Color &
Material Palette as Exhibit B.
7) Planning Commission Staff Report of November 9, 2010, without
attachments.
8) Draft Planning Commission Meeting Minutes of November 9, 2010.
9) Resolution adopting a Negative Declaration to amend Zoning
Ordinance Chapter 8.12 (Zoning Districts and Permitted Uses of
Land) to allow Mini-Storage as a permitted use in the M-1 (Light
Industrial) Zoning District and Chapter 8.28 (Industrial Zoning
Districts) to identify the M-1 (Light Industrial) Zoning District as
consistent with the Business Park/Industrial and Outdoor Storage
General Plan Land Use and Site Development Review for the
construction of a new 8.160 square foot mini-storage building and
the conversion of 4,650 square feet of an existing warehouse
building to mini-storage uses at Dublin Security Storage, with
Negative Declaration attached as Exhibit A.
~ ~.
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 USE OF LAND) TO ALLOW MINI-STORAGE AS A PERMITTED USE IN THE
M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT AND CHAPTER 8.28 (INDUSTRIAL
ZONING DISTRICTS) TO IDENTIFY THE M-1 (LIGHT INDUSTRIAL) ZONING DISTRICT
AS CONSISTENT WITH THE BUSINESS PARK/INDUSTRIAL AND OUTDOOR STORAGE
GENERAL PLAN LAND USE
PLPA 2010-00005
WHEREAS, Glenn Kierstead, property owner and business owner of Dublin Security
Storage located at 6005/6015 Scarlett Court has requested a Zoning Ordinance Amendment to
allow Mini-Storage as a permitted use in the M-1 (Light Industrial) Zoning District; and
WHEREAS, the requested Amendment would also have the effect of permitting Mini-
Storage uses in PD (Planned Development) Zoning Districts that allow M-1 (Light Industrial)
uses; and ~
WHEREAS, Staff is also recommending a Zoning Ordinance Amendment to Section
8.28.020.B.4 (General Plan Consistency) to identify the M-1 (Light Industrial) Zoning District as
being consistent with the Business Park/Industrial and Outdoor Storage General Plan Land Use;
and
WHEREAS, Mr. Kierstead has also requested approval of a Site Development Review to
construct a new 8,160 square foot mini-storage building and convert 4,650 square feet of an
existing warehouse building to mini-storage uses at Dublin Security Storage (the "Project"); and
WHEREAS, the Project is located in an M-1 (Light Industrial) Zoning District; and
WHEREAS, in accordance with Chapter 8.12 (Zoning Districts and Permitted Uses of
Land), Mini-Storage is not permitted in the M-1 Zoning District; and
WHEREAS, the Mini-Storage facility now known as Dublin Security Storage was
constructed in 1978 with approval from Alameda County and is therefore considered a legal
non-conforming use; and
WHEREAS, in accordance with Chapter 8.140 (Non-Conforming Uses and Structures)
the expansion or intensification of a non-conforming use is prohibited; and
WHEREAS, approval of the Site Development Review request is contingent upon City
Council approval of a Zoning Ordinance Amendment to allow Mini-Storage as a permitted use in
the M-1 Zoning District and a related CEQA Negative Declaration.
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 adopted
a Negative Declaration on December 7, 2010 through Resolution , incorporated herein by
reference.
ATTACHMENT 2
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Section 2:
Section 8.12.050 of Chapter 8.12 (Zoning Districts and Permitted Uses of Land) of Title 8 of the
Dublin Municipal Code is hereby amended to read as follows:
COMMERCIAL USE TYPES
COMMERCIAL
USE TYPE A R-1 R-2 R-M C-O C-N C-1 , C-2 M-P M-1 M-2
Mini-Stora e - - - - - - - P - P -
Section 3:
Section 8.28.020.B.4 of Chapter 8.28 (Industrial Zoning Districts) of Title 8 of the Dublin
Municipal Code is hereby amended to read as follows:
4. General Plan Consistency. The M-1 Zoning District is consistent with the
Business Park/Industrial, Business Park/Industrial and Outdoor Storage and
Industrial Park designations of the General Plan.
Section 4: Effective Date and Postinq 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 2010, by the following votes: ~
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G: IPA#120101PLPA-2010-00006 Dublin Securiry Storage Rez_SDRICC 12.21.10 2nd ReadinglAtt 2_CC Ord.doc
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