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HomeMy WebLinkAboutItem 6.1 Zoning Ord Amend Rec FacilitiesG~~~ OF~Dp~~~ ~9/ ~J_'-~ 82 ~~~~~% `O~LIFOR~~~ STAFF REPORT CITY C L E R K DUBLIN CITY COUNCIL File # ^®©0~-[~© DATE: November 3, 2009 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE ZOA 09-002: Zoning Ordinance Amendments (Legislative) -Amendments to the Dublin Municipal Code related to Indoor Recreational Facilities including 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 (Indoor Recreational Facilities) and Chapter 8.102 (Minor Use Permit), and amendments to the fee schedule for processing Indoor Recreational Facility applications. Prepared By: Kristi Bascom, Project Planner EXECUTIVE SUMMARY: 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. Staff is recommending several Zoning Ordinance Amendments that will modify the permit and parking requirements for Indoor Recreational Facilities and facilitate quicker processing of certain applications. This will allow those facilities with minimal impacts a much shorter review time at a lower up front cost to the Applicant. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that 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 reading and introduce an Ordinance amending Zoning Ordinance 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), Chapter 8.132 (Notice and Hearing) and the creation of two new Chapters: 8.70 (Indoor Recreational Facilities) and 8.102 (Minor Use Permit) relating to Indoor Recreational Facilities (ZOA 09-002); and (b) Adopt a Resolution amending Resolution 49-06 to revise the adopted fee schedule and add fees for the following applications: Zoning Clearance for Indoor Recreational Facilities, Minor Use Permit, Minor Amendment to a Minor Use Permit, d Major Amendment to a Minor Use Permit (ZOA 09-002) ubmitted By evi Community Development Director Assistant City Manager Page 1 of 8 ITEM NO. ~ ' ~ DESCRIPTION: Over the past few years, the City has received numerous applications for Indoor Recreational Facilities. While some of the applications included requests for variations to the development standards, and in particular, parking requirements, several of the recent applications were fairly straightforward from a land use planning perspective. However, all types of Indoor Recreational Facilities currently require a Conditional Use Permit (CUP), and each of the Applicants - no matter how small their proposed facility or how minor the impacts of their proposed use -must to go through the CUP process. The CUP process serves a valuable purpose: to be able to examine certain types of uses in more detail to ensure that the establishment of the use does not have detrimental impacts to the community. However, after reviewing several recent applications for Indoor Recreational Facilities, it is Staff's opinion that there are certain types of Indoor Recreational Facilities that could be exempted from the traditional CUP process, thereby enabling a much shorter review time at a lower up-front cost to the Applicant. ANALYSIS: Before beginning the Zoning Ordinance revisions, Staff examined the permit procedures and parking requirements of other jurisdictions in the Tri Valley. In comparing Dublin's requirements to those of Livermore, Pleasanton, and San Ramon, Staff found good examples of how other communities streamline the review of Indoor Recreational Facilities. The City of Livermore allows many Indoor Recreational Facilities by right (depending on the size of the facility), the City of Pleasanton allows many Indoor Recreational Facilities by right (depending on the number of students served by the facility), and the City of San Ramon allows some uses via a Minor CUP process while others need a traditional CUP. In considering the types of Indoor Recreational Facilities that were locating in Dublin, the San Ramon concept seemed an appropriate method to consider. After reviewing the recent applications for Indoor Recreational Facilities that the City of Dublin has received in the past few years and analyzing how to develop an easier process for future applications, Staff drafted two new chapters to the Zoning Ordinance: Chapter 8.70 (Recreational Facilities (Indoor)) and Chapter 8.102 (Minor Use Permit). These new chapters provide a streamlined process for review of applications for Indoor Recreational Facilities. In addition to the new Chapters, Staff has prepared revisions to several other chapters of the Zoning Ordinance to facilitate the establishment of Indoor Recreational Uses, including: 1) Chapter 8.08 (Definitions) 2) Chapter 8.12 (Zoning Districts and Permitted Uses) 3) Chapter 8.76 (Off Street Parking and Loading) 4) Chapter 8.116 (Zoning Clearance) 5) Chapter 8.132 (Notice and Hearing) The two new Chapters and the proposed modifications to the other Chapters of the Zoning Ordinance are discussed below in greater detail. Attachment 1 to this report is the proposed ordinance that contains the amended text in each chapter. Attachment 2 illustrates the proposed Zoning Ordinance text changes in underline and strikeout text so it is clear what exact changes have been made to the chapters. Page 2 of 8 Chapter 8.08 (Definitions) This Chapter is proposed to be modified to change the types of uses included in the definition of "Indoor Recreational Facility." In an effort to capture all of the similar recreational use types, several uses have been added to the definition, including: indoor play center (i.e. rock climbing wall, inflatable party place), drama/voice/instrument instructional studio, and badminton. Additionally, several uses that are less about recreation and more about entertainment have been removed from the definition, including: auditorium, billiard/pool hall, card room, nightclub, recording studio, and theater. These uses have different impacts from typical recreation uses in that they are mainly nighttime uses, can serve alcohol to patrons, are not instructional in nature, and typically serve an adult clientele. Because of these differences, these uses are now listed separately in Chapter 8.08 (Definitions). The intent of making these changes was to group together those uses which could be subject to a more streamlined review and approval process in the Indoor Recreational Facility definition, and to remove those uses which should get a more detailed review under the existing CUP process. The proposed Amendments to Chapter 8.08 are detailed in Sections 2 and 3 of the proposed Ordinance (Attachment 1). Chapter 8.12 (Zoning Districts and Permitted Uses) This Chapter is proposed to be modified to change the matrix of Permitted and Conditionally Permitted Uses. Indoor Recreational Facilities are proposed to be permitted in the C-1, C-2, M- P, M-1, and M-2 Zoning Districts with either a Zoning Clearance or Minor Use Permit, depending on whether the facility can comply with the Development Standards and Regulations of the Recreational Facility (Indoor) Chapter of the Zoning Ordinance (described in detail in the section on Chapter 8.70). For the uses that have been removed from the Recreational Facility (Indoor) definition, they are proposed to be listed individually in the matrix, and those uses continue to be permitted with a CUP approved by the Zoning Administrator in the C-1, C-2, M-P, M-1, and M-2 Zoning Districts - as they are currently. The uses now listed individually in the matrix are auditorium, billiard/pool hall, card room, comedy club, nightclub, recording studio, and theater. The proposed Amendments to Chapter 8.12 are detailed in Section 4 of the proposed Ordinance (Attachment 1). Chapter 8.76 (Off Street Parking and Loading) This Chapter is proposed to be modified to change the parking standards for several types of Indoor Recreation uses. In order to ensure that Dublin's standards are in line with other nearby communities, a comparison of the parking standards for the cities of Pleasanton, Livermore, and San Ramon was completed and reviewed by the City's Traffic Engineer. In general, the parking requirement calculations were simplified and, in the case of dance, martial arts, and exercise studios, the requirements were relaxed to reflect the actual usage of the facility type. The details of all proposed changes to the parking standards are reflected in Section 5 of the proposed Ordinance (Attachment 1). In addition to the changes proposed to the parking calculations, it is also proposed that the Community Development Director be permitted to grant a reduction in off-street parking requirements for shared parking for Indoor Recreational Facilities in compliance with Chapter Page 3 of 8 8.70. In most other cities surveyed, it was found that the Community Development Director is typically the approval body for a shared parking arrangement. If the shared parking arrangement that is proposed does not demonstrate evidence that no conflicts will exist, approval cannot be granted via the Minor Use Permit process. Reductions for shared parking for an Indoor Recreational Facility may be granted by the Community Development Director if a statement written by the Applicant, and signed by the Property Owner, demonstrates the following: 1. The required findings of Chapter 8.102 (Minor Use Permit) can be made. 2. A sufficient number of spaces are provided to meet the greatest parking demands of the participating use types and to ensure that there will not be a parking deficiency. 3. Satisfactory evidence is provided that the use types, by their natures and operating times, will not conflict with each other. 4. Overflow parking will not adversely affect any adjacent use. If the criteria above cannot be met, the Community Development Director may not grant the reduction and a CUP will be required. The proposed Amendments to Chapter 8.76 are detailed in Section 5 of the proposed Ordinance (Attachment 1). Chapter 8.116 (Zoning Clearance) This Chapter is proposed to be modified to note that a Zoning Clearance can be used to certify conformance of a Recreational Facility (Indoor) application with the requirements of the Zoning Ordinance, the General Plan, any applicable Specific Plans, and the terms and conditions of any applicable permits or variances. The Chapter is also being updated to note the application and approval procedures for Indoor Recreational Facility Zoning Clearances. The proposed Amendments to Chapter 8.116 are detailed in Section 6 of the proposed Ordinance (Attachment 1). Chapter 8.132 (Notice and Hearing) This Chapter is proposed to be modified to note that a Minor Use Permit can be considered without the requirement for a public hearing. It is also revised to state that a Notice of Decision shall be given once a Minor Use Permit application has been acted upon. The proposed Amendments to Chapter 8.132 are detailed in Section 7 of the proposed Ordinance (Attachment 1). New Chapters: Chapter 8.70 (Recreational Facilities (Indoor)) and Chapter 8.102 (Minor Use Permit These new chapters describe the proposed methods of processing an application for an Indoor Recreational Facility. The concept is that if a facility meets certain development standards and regulations related to parking, hours of operation, adherence to building and fire codes, then the impacts of the facility should be low and the use can be permitted with a minimum amount of application processing. If the facility cannot meet the development standards and regulations, then the facility can be reviewed through a modified use permit process. The development standards and regulations for Indoor Recreational Facilities are as follows: 1. The facility shall comply with all development standards and regulations for the zoning Page 4 of 8 district in which it is located as well as any other provisions of City Codes or regulations, including occupancy, accessibility, California Building Code, and Fire Code requirements. 2. The hours of operation are no earlier than 6:00 a.m. and no later than 10:00 p.m. 3. The facility meets the parking requirement for the use type in accordance with the requirements of Section 8.76.080 (Parking Requirements by Type) without any adjustments, reductions or variances. 4. The facility qualifies for an exemption for environmental review under the California Environmental Quality Act (CEQA). With these development standards playing a key role, the approval process for an Indoor Recreational Facility is filtered as follows: Can the proposed Indoor Recreational Facility meet the Development Standards and Regulations listed above? YES Apply for a Zoning Clearance. • Staff-level approval • No public hearing • Quicker timeframe • Lower application fee NO Apply for a Minor Use Permit. • Community Development Director review and approval • Shortened timeframe from traditional Conditional Use Permit process • No public hearing • Notice of Decision sent to surrounding properties and tenants within 300' (typical noticing process) A Zoning Clearance is a process to document the compliance of the Indoor Recreational Facility with the above development standards. The Zoning Clearance is a form that will be kept on file in the Community Development Department for the duration of the operation of the Indoor Recreational Facility. Unlike a Zoning Clearance that is issued in conjunction with a Building Permit, a Zoning Clearance for an Indoor Recreational Facility will not expire until the use ceases to operate. A Minor Use Permit would be a discretionary approval that is similar to a CUP, but does not have the same requirement for documentation and a public hearing. The Minor Use Permit process follows a similar review and approval process as Site Development Review applications that are eligible for review by the Community Development Director. 1. The application is reviewed by Planning Staff and routed to other departments and agencies for review as appropriate; 2. Conditions of Approval are prepared; 3. Planning Staff makes a recommendation to the Community Development Director; and 4. A Notice of Decision is prepared and circulated stating the Community Development Director's intent to act on the project ten days prior to date of the scheduled decision. The Notice of Decision is posted and mailed to property owners and tenants within 300' of the subject property in compliance with Section 8.132.050 of the Zoning Ordinance (Notice of Decision). Page 5 of 8 5. The Community Development Director's decision on a Minor Use Permit application can be appealed to the Planning Commission by any interested party in the same way the Zoning Administrator's decision on a Conditional Use Permit can be appealed. If the Community Development Director determines that the proposed Indoor Recreational Facility could have impacts that should be considered by the Planning Commission at a public hearing, the Community Development Director may refer decision making on the Minor Use Permit to the Planning Commission. The proposed Chapter 8.70 (Recreational Facility (Indoor)) is detailed in Section 8 of the proposed Ordinance (Attachment 1). The proposed Chapter 8.102 (Minor Use Permit) is detailed in Section 9 of the proposed Ordinance (Attachment 1). Administrative Procedures One of the benefits of the CUP process is that it allows other City departments such as Building, Fire Prevention, Public Works, and Police the opportunity to review the details of the proposed use. These departments could then draft Conditions of Approval to ensure that once the use was established, it would be operating in accordance with City codes and regulations. As is often the case with Indoor Recreational Facilities, the Fire Prevention and Building Division Staff, in particular, could be very involved in working with the Applicant through the CUP process to ensure that the building or tenant space they were planning to occupy could be safely used for their use. Due to the nature of Indoor Recreational Facilities and the number of people they can serve at any given time, it is often the case that changes need to be made to the building to comply with Building and Fire Codes as well as occupancy and accessibility requirements before the business can move in. If the changes proposed in this Staff Report take effect, many of the Indoor Recreational Facilities that would have gone through the CUP process in the past will no longer need to do so. Therefore, Staff is developing an administrative procedure to ensure that this coordination still takes place when the only approval needed is a Staff-level Zoning Clearance. The administrative procedure for the Zoning Clearance process will ensure that Applicants are made aware that although the actual Indoor Recreational Facility use may be permitted, they will still need to consult with Building, Fire Prevention, and Public Works Staff to be informed of code issues they must comply with in order to safely occupy the building for their use. Fee Schedule Modifications Because the proposed permitting process for Indoor Recreational Facilities includes new procedures and applications that are not yet in place, Staff is proposing that the City Council amend the Fee Schedule to include the fees for these application types. Based on the application processes proposed, fees need to be adopted for the following permits: Zoning Clearance for a Recreational Facility (Indoor), Minor Use Permit, Minor Amendment to a Minor Use Permit, and Major Amendment to a Minor Use Permit. Application fees to establish recreational facilities in surrounding cities vary widely. San Ramon uses the Minor Use Permit/Zoning Clearance process similar to the one being proposed in Dublin. San Ramon's application fees range from $150 for a Zoning Clearance to $750 (plus time and materials) for a Minor Use Permit. Livermore and Pleasanton both allow Indoor Recreational Facilities under a certain size by right in commercial and industrial zoning districts, while Indoor Recreational Facilities over a certain size are subject to the CUP process. Page 6 of 8 Livermore's application fee for a CUP is $10,590, and Pleasanton's application fee for a CUP is $150. Dublin's cost for many planning applications is for the actual time and materials spent in reviewing the application and facilitating the application through the City's approval process. Time and materials include all Staff time associated with processing a project application, which can often amount to a large sum of money. In many cases, the City will subsidize permit fees for applications. The application fee for a CUP is subsidized and is currently $1,000 for a CUP that is reviewed by the Zoning Administrator. The intent of subsidizing the fees is to keep the cost of the review process from being overly burdensome to the Applicants. Staff is proposing that the fees for Indoor Recreational Facilities also be subsidized in order to encourage their development. Staff has prepared the following estimates and recommended flat fee amounts for the processing of Indoor Recreational Facility applications: Est. Staff time Total Staff Cost Recommended Fee Zonin Clearance 8 hours $1,038.40 $250 Minor Use Permit 10 hours $1,298.00 $600 Minor Use Permit Minor Amendment 3 hours $389.40 $129 Minor Use Permit Ma~or Amendment 9 hours $1,168.20 $600 A Resolution amending the City's Fee Schedule to include fees for these new processes is included as Attachment 3. PLANNING COMMISSION: On October 13, 2009, Staff presented the draft Ordinance to the Planning Commission for review (Attachment 4). The recommended changes were discussed, and at the conclusion of the discussion, the Planning Commission adopted Resolution 09-039 recommending that the City Council adopt an Ordinance approving amendments 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), Chapter 8.132 (Notice and Hearing) and the creation of two new Chapters: Chapter 8.70 (Indoor Recreational Facilities) and Chapter 8.102 (Minor Use Permit). The minutes of the meeting are included as Attachment 5 to this report. 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) and City fee schedule could have a significant effect on the environment. Page 7 of 8 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. CONCLUSION: Several modifications are proposed to be made to the Zoning Ordinance in order to provide more streamlined and efficient processing of applications for Indoor Recreational Uses. By reducing the level of review required for uses that can meet minor development standards and regulations, the City will encourage Indoor Recreational Facilities that have minimal impacts on surrounding properties while ensuring the appropriate level of review for those that cannot meet the criteria. The proposed amendments will modify the permit and parking requirements for Indoor Recreational Facilities and facilitate quicker processing of the applications. This will allow those facilities with minimal impacts a much shorter review time at a lower up front cost to the Applicant. ATTACHMENTS: 1. Ordinance Amending Zoning Ordinance 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), Chapter 8.132 (Notice and Hearing) and the creation of two new Chapters: 8.70 (Indoor Recreational Facilities) and 8.102 (Minor Use Permit) relating to Indoor Recreational Facilities (ZOA 09-002) 2. Proposed Zoning Ordinance Text Changes shown in underline and strikeout text (for informational purposes only) 3. Resolution Amending Resolution 49-06 to revise the adopted fee schedule and add fees for the following applications: Zoning Clearance for Indoor Recreational Facilities, Minor Use Permit, Minor Amendment to a Minor Use Permit, and Major Amendment to a Minor Use Permit (ZOA 09-002) 4. October 13, 2009 Planning Commission Agenda Statement (without attachments). 5. Draft Minutes from the October 13, 2009 Planning Commission meeting. G:IZoning OrdIZOA 09-0021ndoor RecICCSR 11 03 09 FINAI.doc Page 8 of 8 •~ W ORDINANCE NO. xx - 09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING ZONING ORDINANCE 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), CHAPTER 8.132 (NOTICE AND HEARING) AND THE CREATION OF TWO NEW CHAPTERS: 8.70 (RECREATIONAL FACILITIES (INDOOR)) AND 8.102 (MINOR USE PERMIT) RELATING TO INDOOR RECREATIONAL FACILITIES 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, Staff has identified 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, the text amendments are shown in Sections 2 through Section 9 of this Ordinance; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project on October 13, 2009 and adopted Resolution 09-039 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 November 3, 2009; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Zoning Ordinance Amendments; and WHEREAS, pursuant to section 8.120.050.6 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: ~-t-e m ~ ~, ~ ~ ~ I3 I~q ATTACHMENT 1 Section 1: a ~ 3~ 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 significant effect on the environment. This adoption of this ordinance is exempt from CEQA because the ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. This ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. Section 2: The following new definitions are added to Chapter 8.08 (Definitions) of Title 8 of the Dublin Municipal Code to read as follows: 8.08.020 Definitions (A-Z) Auditorium (use type). The term Auditorium shall mean a large room to accommodate an audience in a building such as a school or theater. Billiard/Pool Hall (use type). The term Billiard/Pool Hall shall mean a place where people gather for playing pool and/or other cue sports. Such establishments often serve alcohol and may have gaming machines, darts, foosball and other games on the side. Card Room (use type). The term Card Room shall mean a gambling establishment that exclusively offers card games for play by the public. Comedy Club (use type). The term Comedy Club shall mean a commercial establishment that offers comedy stage shows and charges either a fee for admission or requires a purchase of item(s) at the venue. 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. Nightclub (use type). The term Nightclub can include any type of club with peak operating hours in the late evening and nighttime hours (typically after 8:00 p.m.). Nightclubs can include a comedy club, karaoke club, or other entertainment use that is determined to be substantially similar to the above by the Community Development Director. Recording Studio (use type). The term Recording Studio shall mean a studio where sound or video recordings are made. Theater (other than Adult Business Establishment) (use type). The term Theater shall mean a structure where movies are shown, theatrical works or plays are performed, or other performances such as musical concerts may be given. Page 2 of 10 3 ~ ~~ Section 3: The following definition in Chapter 8.08 (Definitions) of Title 8 of the Dublin Municipal Code is amended to read as follows: 8.08.020 Definitions (A-Z) Recreational Facility/Indoor (use type). The term Recreational Facility/Indoor shall mean establishments providing amusement, entertainment, or physical fitness services typically occurring indoors for a fee or admission charge, such as, but not limited to: arcades containing coin-operated amusements and/or electronic games (five or more such games or coin-operated amusements in any establishment constitutes an arcade pursuant to this definition, four or less are not considered a land use separate from the primary land use of the site); bowling alleys; laser tag businesses; ice skating and roller skating; art/dance/exercise studio; drama/voice/instrument instructional studio; indoor play center (rock climbing or inflatable party place); Health Club/Fitness Center; martial arts studios; tennis; handball; badminton, racquetball; indoor archery and shooting ranges; indoor soccer or hockey facilities; swimming pools; and other indoor sports activities determined to be substantially similar to the above by the Community Development Director. Recreational Facility/Indoor does not include a dance floor. Section 4: Section 8.12.050 of Chapter 8.12 (Zoning Districts and Permitted Uses) of Title 8 of the Dublin Municipal Code is amended to read as follows 8.12.050 Permitted and Conditionally Permitted Land Uses (Only those sections of the table which are proposed to be amended are shown. All use types not shown are proposed to remain as is.) 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 Auditorium - - - - - - C/ZA C/ZA C/ZA C/ZA - Billiard/Pool Hall - - - - - - C/ZA C/ZA C/ZA C/ZA - Card Room - - - - - - C/ZA C/ZA C/ZA C/ZA - Comed Club - - - - C/ZA C/ZA P P C/ZA C/ZA - Ni htclub - - - - C/ZA C/ZA C/ZA C/ZA C/ZA C/ZA - Recreational Facility/Indoor See Cha ter 8.70 - - - - - - ZC/ MUP ZC/ MUP ZC/ MUP ZC/ MUP ZC/ MUP Recordin Studio - - - - - - - - P P - Theater (other than Adult Business Establishment - - - - - P P P C/ZA C/ZA - KEY/DECISIONMAKER AUTHORITY Permitted P Not Permitted - Zonin Clearance ZC Minor Use Permit MUP Conditional Use Permit/Zonin Administrator C/ZA Conditional Use Permit/Plannin Commission C/PC Tem ora Use Permit TUP Page 3 of 10 ~ ~- 3~ Section 5: Subsection F of section 8.76.050 and subsection D of Section 8.76.080 of Chapter 8.76 (Off Street Parking and Loading Regulations) of Title 8 of the Dublin Municipal Code are amended to read as follows: Section 8.76.050 F. Parking Reductions for Shared Parking. When shared off-street parking is proposed between two or more adjacent use types, the Zoning Administrator may grant a reduction in off-street parking requirements (from the sum of the parking required by each use type) in compliance with Chapter 8.100, Conditional Use Permit. Reductions for shared parking may be granted if a report by a registered traffic engineer shows that requirements 1-4 below are met and if requirement 5 is met: The Conditional Use Permit findings can be made. 2. A sufficient number of spaces are provided to meet the greatest parking demands of the participating use types and to ensure that there will not be a parking deficiency. 3. Satisfactory evidence is provided that the use types, by their natures and operating times, will not conflict with each other. 4. Overflow parking will not adversely affect any adjacent use. 5. Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Zoning Administrator are executed to assure that the required parking spaces provided are maintained and that uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the documents, covenants, deed restrictions, or other agreements. The Community Development Director may grant a reduction in off-street parking requirements (from the sum of the parking required by each use type) for Indoor Recreational Facilities in compliance with Chapter 8.70, Indoor Recreational Facilities, Chapter 8.102, Minor Use Permit and this section. Reductions for shared parking for an Indoor Recreational Facility may be granted if the Community Development Director finds each of the following standards are met. The Applicant for any reduction under this provision shall submit a written statement, signed by the Property Owner, which demonstrates the following standards are met: The required findings of Chapter 8.102 (Minor Use Permit) can be made. 2. A sufficient number of spaces are provided to meet the greatest parking demands of the participating use types and to ensure that there will not be a parking deficiency. 3. Satisfactory evidence is provided that the use types, by their natures and operating times, will not conflict with each other. 4. Overflow parking will not adversely affect any adjacent use. 5. Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Community Development Director are executed to assure that the required parking spaces provided are maintained and that uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the documents, covenants, deed restrictions, or other agreements. Page 4 of 10 5of'3b If the standards above cannot be met, the Community Development Director may not grant the reduction. Section 8.76.080 (Only those sections of the table which are proposed to be amended are shown. All use types not shown are proposed to remain as is.) D. Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as follows: Billiard and Pool Hall 2 per pool table, plus 1 per 250 square feet of accessory uses s ace not devoted to ool tables Card Room 1 er 200 s uare feet Comedy Club If the club is to be located in an existing and operating Eating and Drinking Establishment, no additional parking spaces are required. Otherwise, 1 er 100 s uare feet Nightclub If the club is to be located in an existing and operating Eating and Drinking Establishment, no additional parking spaces are required. Otherwise, 1 er 100 s uare feet Recordin Studio 5 s aces lus one for each em to ee on the lar est shift Recreational Facili Indoor Arcade/Game Center 1 er 200 s uare feet Art, dance, or exercise studio 1 er 200 s uare feet Bowling Alleys 5 per lane, plus 1 per 250 square feet of accessory uses s ace not devoted to lanes Drama/voice/instrument instructional 1 per 200 square feet studio Handball, badminton, tennis, racquetball 2 per court, plus 1 per 3 fixed seats for spectator area, facilities plus 1 per 250 square feet of accessory uses (space not devoted to courts ors ectator area Health Clubs/Fitness Center 1 er 150 s uare feet Indoor play center (i.e. rock climbing 1 per 200 square feet wall, inflatable art lace Indoor sport arenas (soccer/volleyball) 50 per field or sports court, plus 1 per 3 fixed seats for spectator area, plus 1 per 250 square feet of accessory uses s ace not devoted to fields ors ectator area Martial Arts Studio 1 er 200 s uare feet Skating/Ice Rinks 1 per 175 square feet of rink area, plus 1 per 250 square feet of accesso uses s ace not devoted to skatin rink Recreational Facilit /Outdoor Swimming Pools 1 per 100 square feet of pool area, plus 1 per 3 fixed seats for spectator area, plus 1 per 250 square feet of accessory uses (space not devoted to pool or spectator area Section 6: Chapter 8..116 (Zoning Clearance) of Title 8 of the Dublin Municipal Code is amended to read as follows: CHAPTER 8.116 ZONING CLEARANCE 8.116.010 Purpose. The purpose of this Section is to establish a procedure for certifying Page 5 of 10 ~ ~f 3~ conformance of a Building Permit, Sign application, or Recreational Facility (Indoor) 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. Rev. Ord. xx-09 (November 2009) 8.116.020 Applications Requiring a Zoning Clearance. A. Building Permit. B. Signs. All signs which have been identified in Chapter 8.84, Sign Regulations, as requiring a Zoning Clearance. C. Recreational Facilities (Indoor) that meet the standards specified in Section 8.70.040A. Rev. Ord. xx-09 (November 2009) 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 Recreational Facility (Indoor), the Applicant shall submit a "Zoning Clearance for Recreational Facilities (Indoor)" form along with a site plan, written statement, and floor plan of the building or tenant space. Rev. Ord. xx-09 (November 2009) 8.116.040 Approval. The Director shall decide Zoning Clearance applications as follows: A. Building Permit. All building permit applications shall be reviewed for consistency with the regulations of this Title as required by Chapter 8.04, Title Purpose and Authority. The Zoning Clearance approval for a Building Permit shall be a signature and date on the Building Permit and an initialed and dated stamp of approval on the approved building plans. B. Signs. All signs identified in the Sign Regulations as requiring a Zoning Clearance shall be applied for and approved as in Section 8.116.040.A, Building Permit. C. Recreational Facility (Indoor). All Recreational Facilities (Indoor) shall be reviewed for compliance with Chapter 8.70 (Recreational Facilities (Indoor)). The Zoning Clearance approval for a Recreational Facility (Indoor) shall be a completed "Zoning Clearance for Recreational Facilities (Indoor)" form with the date and signature of the Community Development Director orhis/her designee. Rev. Ord. xx-09 (November 2009) 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) shall expire when the use is no longer operational or the facility is no longer in compliance with Chapter 8.70 (Recreational Facilities (Indoor)). Rev. Ord. xx-09 (November 2009) Section 7: Sections 8.132.040 and 8.132.050 of Chapter 8.132 (Notice and Hearing) of Title 8 of the Dublin Municipal Code are amended to read as follows: 8.132.040 Consideration of Minor Use Permit, Site Development Review, and Variance. Page 6 of 10 -~~3~ The Director or his/her designee may approve, conditionally approve or deny a Minor Use Permit or Site Development Review without a public hearing. The Zoning Administrator may approve, conditionally approve or deny a Variance without a public hearing. 8.132.050 Notice of Decision. Where the Director considers a Minor Use Permit or Site Development Review or the Zoning Administrator considers a Variance pursuant to this Title, a Notice of Decision shall be given as follows: Section 8: New Chapter 8.70 (Recreational Facility (Indoor)) is added to Title 8 of the Dublin Municipal Code to read as follows: CHAPTER 8.70 Recreational Facilities (Indoor) 8.70.010 Purpose. The purpose of this section is to provide regulations to guide the appropriate establishment of Recreational Facilities (Indoor). 8.70.020 Intent. The intent of this section is to ensure that Recreational Facilities (Indoor) meet all of the following objectives. That the facility: A. Allows for the safe and appropriate use of the building and/or space in which the facility is located. B. Does not negatively impact the character of the commercial or industrial neighborhood in which the facility is located. C. Does not negatively impact traffic or parking facilities in the neighborhood. D. Complies with all Building and Fire Code regulations for the use and occupancy type of the facility. E. Conforms to all provisions of the zoning district in which it is located. F. Complies with all Development Standards and Regulations of Chapter 8.70, Recreational Facilities (Indoor). 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. 8.70.040 Permitting Procedures. A. Zoning Clearance. A proposed Recreational Facility (Indoor) shall be approved ministerially with a Zoning Clearance and without discretionary review or a public hearing if it meets the following standards: 1. Meets all Development Standards and Regulations under Section 8.70.030. 2. The hours of operation are no earlier than 6:00 a.m. and no later than 10:00 p.m. 3. Meets the parking requirement for the use type in accordance with the requirements of Section 8.76.080 (Parking Requirements By Type) without any adjustments, reductions or variances. Page 7 of 10 ~~-3~ 4. The facility qualifies for an exemption for environmental review under the California Environmental Quality Act (CEQA). A Zoning Clearance form shall document the compliance of the Recreational Facility (Indoor) with the above requirements and shall be kept on file in the Community Development Department for the duration of the operation of the Recreational Facility (Indoor). B. Minor Use Permit. A proposed Recreational Facility (Indoor) that does not meet the requirements for approval by zoning clearance under Section 8.70.040A shall require approval of a Minor Use Permit under Chapter 8.102 (Minor Use Permit). Section 9: New Chapter 8.102 (Minor Use Permit) is added to Title 8 of the Dublin Municipal Code to read as follows: CHAPTER 8.102 MINOR USE PERMIT 8.102.010 Purpose. The purpose of this Chapter is to establish a procedure for approving or denying land uses that are subject to a minor use permit requirement under the City Code. Such uses would only be approved if their effect on the surrounding environment can be made acceptable through the application of conditions of approval. 8.102.020 Uses Requiring a Minor Use Permit. The uses and related structures requiring a Minor Use Permit shall be limited to those in Chapter 8.12, Zoning Districts and Allowable Uses of Land, for each zoning district, and elsewhere in this Ordinance. 8.102.030 Application. The Applicant shall submit a complete application pursuant to Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee and/or deposit and such materials as are required by the Community Development Director. 8.102.040 Concurrent Consideration. When a Minor Use Permit is required for a project which is also subject to a Zoning Ordinance Amendment, Specific Plan, Specific Plan Amendment, or General Plan Amendment, it shall be approved or denied by the same decision-maker or body for those actions. 8.102.050 Notice and Hearings. Minor Use Permit applications shall be considered by the Community Development Director with notice pursuant to Chapter 8.132, Notice and Hearings. A Notice of Decision shall be provided not less than 10 days before the date of a scheduled decision by the Community Development Director. 8.102.060 Required Findings. The following findings shall all be made in order to approve a Minor Use Permit and shall be stated in the Notice of Decision: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity. 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), which could include a parking reduction for shared parking. Page 8 of 10 ~ of 3~ C. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare. D. It will not be injurious to property or improvements in the neighborhood. E. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare. F. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed. G. The proposed use will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located. H. The proposed use is consistent with the Dublin General Plan and with any applicable Specific Plans. 8.102.070 Action. The decision maker for Minor Use Permits shall be the Community Development Director (or his/her designee). The decision maker may approve, conditionally approve, or deny a Minor Use Permit based on the required findings in Section 8.102.060. If the Community Development Director determines that the proposed use could have impacts that should be considered by the Planning Commission at a public hearing, the Community Development Director may refer decision making on the Minor Use Permit to the Planning Commission. 8.102.080 Amendments. A. Minor Amendment. The Community Development Director or his/her designee shall determine that a minor amendment to a Minor Use Permit is in substantial conformance with the Minor Use Permit if it is a minor project as described below, is Categorically Exempt from the California Environmental Quality Act, and is consistent with the conditions of approval for the permit. It is not the intent of this Chapter that a series of Minor Amendments be used to circumvent the need for a new Minor Use Permit. A minor project shall include any of the following: The cumulative physical expansion of any structure approved in the original Minor Use Permit by no more than 1,000 square feet. 2. The expansion or intensification of use by no more than 10% of the original use. 3. Relocation of a use within the same property or structure. 4. A maximum 25% increase or decrease in hours of operation. B. Other Amendments. The process for amending a Minor Use Permit shall be the same as the process for approving a Minor Use Permit except that the decision-maker for such Minor Use Permit shall be the same decision-maker that ultimately approved the Minor Use Permit including any approval on appeal, or by referral. 8.102.090 Building Permits. Building Permits shall not be issued except in accordance with the terms and conditions of the Minor Use Permit approval. Page 9 of 10 ~o ~ 3~ 8.102.100 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except as otherwise provided in this Chapter. Section 10: 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 11: 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 12: 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 BYthe City Council of the City of Dublin on this _ day of November, 2009, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Page 10 of 10 ~i ~- 3~ Attachment 2 Proposed Zoning Ordinance Text Changes shown with underline and strikeout text (Text to be removed is shown in and text to be added is shown as underlined.) The following new definitions are added to Chapter 8.08 (Definitions) of Title 8 of the Dublin Municipal Code to read as follows: 8.08.020 Definitions (A-Z) Auditorium (use type) The term Auditorium shall mean a large room to accommodate an audience in a building such as a school or theater. Billiard/Pool Hall (use type). The term Billiard/Pool Hall shall mean a place where people gather for playing pool and/or other cue sports. Such establishments often serve alcohol and may have gaming machines darts, foosball and other games on the side. Card Room (use type). The term Card Room shall mean a gambling establishment that exclusively offers card games for play by the public. Comedy Club (use type) The term Comedy Club shall mean a commercial establishment that offers comedy stage shows and charges either a fee for admission or requires a purchase of item(s) at the venue. 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 ec~ nerally 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. Nightclub (use type). The term Nightclub can include any type of club with peak operating hours in the late evening and nighttime hours (typically after 8:00 p.m.). Nightclubs can include a comedy club karaoke club or other entertainment use that is determined to be substantially similar to the above by the Director of Community Development. Recording Studio (use type) The term Recording Studio shall mean a studio where sound or video recordings are made. Theater (other than Adult Business Establishment) (use type). The term Theater shall mean a structure where movies are shown theatrical works or plays are performed, or other performances such as musical concerts may be given. ATTACHMENT 2 ~a ~~- 3~0 The following definition in Chapter 8.08 (Definitions) of Title 8 of the Dublin Municipal Code is amended to read as follows: 8.08.020 Definitions (A-Z) Recreational Facility/Indoor (use type). The term Recreational Facility/Indoor shall mean establishments providing amusement, entertainment, or physical fitness services typically occurring indoors for a fee or admission charge, such as, but not limited to: arcades containing coin-operated amusements and/or electronic games (five or more such games or coin-operated amusements in any establishment constitutes an arcade pursuant to this definition, four or less are not considered a land use separate from the primary land use of the site); , ~+Ilia~e/peel•-#alls-; bowling alleys; laser tag businesses; ice skating and roller skating; chase ' art/dance/exercise studio drama/voice/instrument instructional studio; indoor play center (rock climbing or inflatable party place ; Health Club/Fitness Center; , ;martial arts studios; tennis; handball; racquetball; ise-r+a~c~; indoor archery and shooting ranges; indoor soccer or hockey facilities; swimming pools; ;and other indoor sports activities determined to be substantially similar to the above by the Director of Community Development. Recreational Facility/Indoor does not include a dance floor. Section 8.12.050 of Chapter 8.12 (Zoning Districts and Permitted Uses) of Title 8 of the Dublin Municipal Code is amended to read as follows: 8.12.050 Permitted and Conditionally Permitted Land Uses (Only those sections of the table which are proposed to be amended are shown. All use types not shown are proposed to remain as is.) 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 Auditorium - - - - - - C/ZA C/ZA C/ZA C/ZA - Billiard/Pool Hall - - - - - - C/ZA C/ZA C/ZA C/ZA - Card Room - - - - - - C/ZA C/ZA C/ZA C/ZA - Comed Club - - - - C/ZA C/ZA P P C/ZA C/ZA - Ni htclub - - - - C/ZA C/ZA C/ZA C/ZA C/ZA C/ZA - Recreational Facility/Indoor (See Chapter 8.70) = _ _ _ _ _ ZC/ MUP ZC/ MUP ZC/ MUP ZC/ MUP ZC/ MUP ~ ~ ~ ~ ~ Recordin Studio - - - - - - - - P P - Theater (other than Adult _- - _- _- _- P P P C/ZA C/ZA - Business Establishment _ KEY/DECISIONMAKER AUTHORITY Permitted P Not Permitted - Zonin Clearance ZC Page 2 of 10 13 0~- 3~v KEY/DECISIONMAKER AUTHORITY Minor Use Permit MUP Conditional Use Permit/Zonin Administrator C/ZA Conditional Use Permit/Plannin Commission C/PC Tem ora Use Permit TUP Subsection F of section 8.76.050 and subsection D of Section 8.76.080 of Chapter 8.76 (Off Street Parking and Loading Regulations) of Title 8 of the Dublin Municipal Code are amended to read as follows: Section 8.76.050 F. Parking Reductions for Shared Parking. When shared off-street parking is proposed between two or more adjacent use types, the Zoning Administrator may grant a reduction in off-street parking requirements (from the sum of the parking required by each use type) in compliance with Chapter 8.100, Conditional Use Permit. Reductions for shared parking may be granted if a report by a registered traffic engineer shows that requirements 1-4 below are met and if requirement 5 is met: The Conditional Use Permit findings can be made. 2. A sufficient number of spaces is provided to meet the greatest parking demands of the participating use types and to ensure that there will not be a parking deficiency. 3. Satisfactory evidence is provided that the use types, by their natures and operating times, will not conflict with each other. 4. Overflow parking will not adversely affect any adjacent use. 5. Additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Zoning Administrator are executed to assure that the required parking spaces provided are maintained and that uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the documents, covenants, deed restrictions, or other agreements. The Community Development Director may grant a reduction in off-street parking requirements (from the sum of the parking required by each use type) for Indoor Recreational Facilities in compliance with Chapter 8.70, Indoor Recreational Facilities, Chapter 8.102, Minor Use Permit and this section. Reductions for shared parking for an Indoor Recreational Facility may be Granted if the Community Development Director finds each of the following standards are met. The Applicant for any reduction under this provision shall submit a written statement ,signed by the Property Owner, which demonstrates the following standards are met: 1. The required findings of Chapter 8.102 (Minor Use Permit) can be made. 2. A sufficient number of spaces are provided to meet the greatest parking demands Page 3 of 10 w ~~- 3~ of the participating use types and to ensure that there will not be a parking deficiency. 3. Satisfactory evidence is provided that the use types, by their natures and operating times, will not conflict with each other. 4. Overflow parking will not adversely affect any adjacent use. 5. Additional documents, covenants, deed restrictions, or other agreements as ma be deemed necessary by the Community Development Director are executed to assure that the required parking spaces provided are maintained and that uses with similar hours and parking requirements as those uses sharing the parking facilities remain for the life of the documents, covenants, deed restrictions, or other agreements. If the standards above cannot be met the Community Development Director may not Grant the reduction. Section 8.76.080 (Only those sections of the table which are proposed to be amended are shown. All use types not shown are proposed to remain as is.) D. Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as follows: Billiard and Pool Hall 2 per pool table, plus 1 per 250 square feet of accessory uses s ace not devoted to ool tables Card Room 1 er 200 s uare feet Comedy Club If the club is to be located in an existing and operating Eating and Drinking Establishment, no additional parking spaces are required. Otherwise 1 er 100 s uare feet Nightclub If the club is to be located in an existing and operating Eating and Drinking Establishment, no additional parking spaces are required. Otherwise 1 er 100 s uare feet Recordin Studio 5 s aces lus one for each em to ee on the lar est shift Theater/Auditorium 1 per 3 fixed seats or 1 per 50 square feet of non-fixed seatin Recreational Facilit Indoor Arcade/Game Center 1 er 200 s uare feet Art dance or exercise studio 1 er 200 s uare feet Bowling Alleys 5 per lane, plus 1 per 250 square feet of accessory uses space not devoted to lanes) ~ , ease Drama/voice/instrument instructional 1~er 200 square feet studio Handball, tennis, racquetball facilities 2 per court, plus 1 per 3 fixed seats for spectator area, plus 1 per 250 square feet of accessory uses (space not devoted to courts or spectator area) a~~OA-ref Page 4 of 10 15 ~~- 3~ Health Clubs/Fitness Center 1 per 150 square feet , cfi ,rlin ~rc~ nl„c '1 vi=0f P xe~r ~ r r o r ~ . . prcr i~-pe -v - v- . fie. ' Indoor play center (i.e rock climbing 1 per 200 square feet wall inflatable a lace Indoor sport arenas (soccer/volleyball) 50 per field or sports court, plus 1 per 3 fixed seats for spectator area, plus 1 per 250 square feet of accessory uses (space not devoted to fields or spectator area) X00 Martial Arts Studio 1 per 200 square feet ef#~ise Skating/Ice Rinks 1 per 175 square feet of rink area, plus 1 per 250 square feet of accessory uses (space not devoted to skating rink) r 100 SF~eF o;=ef Fetail lus 1 ; r ~0^ ; -p ~ de 0-- Other Per MUP ~ Recreational Facilit /Outdoor Swimming Pools 1 per 100 square feet of pool area, plus 1 per 3 fixed seats for spectator area, plus 1 per 250 square feet of accessory uses (space not devoted to pool or spectator area Chapter 8.116 (Zoning Clearance) of Title 8 of the Dublin Municipal Code is amended to reads as follows: CHAPTER 8.116 ZONING CLEARANCE 8.116.010 Purpose. The purpose of this Section is to establish a procedure for certifying conformance of a Building Permit, Sign application, or Recreational Facility (Indoor) 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. Rev. Ord. xx-09 (November 2009) 8.116.020 Applications Requiring a Zoning Clearance. A. Building Permit. B. Signs. All signs which have been identified in Chapter 8.84, Sign Regulations, as requiring a Zoning Clearance. C. Recreational Facilities (Indoor) that meet the standards specified in Section 8.70.040A. Rev. Ord. xx-09 (November 2009) 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 Recreational Facility (Indoor), the Applicant shall submit a "Zoning Clearance for Recreational Facilities (Indoor)" form along with a Page 5 of 10 ~~ ~- 3~ site plan written statement and floor plan of the building or tenant space. Rev. Ord. xx-09 (November 2009) 8.116.040 Approval. The Director shall decide Zoning Clearance applications as follows: A. Building Permit. All building permit applications shall be reviewed for consistency with the regulations of this Title as required by Chapter 8.04, Title Purpose and Authority. The Zoning Clearance approval for a Building Permit shall be a signature and date on the Building Permit and an initialed and dated stamp of approval on the approved building plans. B. Signs. All signs identified in the Sign Regulations as requiring a Zoning Clearance shall be applied for and approved as in Section 8.116.040.A, Building Permit. C. Recreational Facility (Indoor). All Recreational Facilities (Indoor) shall be reviewed for compliance with Chapter 8.70 (Recreational Facilities (Indoor)). The Zoning Clearance approval for an Recreational Facility (Indoor) shall be a completed "Zoning Clearance for Recreational Facilities (Indoor)" form with the date and signature of the Community Development Director or his/her designee. Rev. Ord. xx-09 (November 2009) 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) shall expire when the use is no longer operational or the facility is no longer in compliance with Chapter 8.70 (Recreational Facilities (Indoor)). Rev. Ord. xx-09 (November 2009 Sections 8.132.040 and 8.132.050 of Chapter 8.132 (Notice and Hearing) of Title 8 of the Dublin Municipal Code are amended to read as follows: (Text to be removed is shown in and text to be added is shown as underlined.) 8.132.040 Consideration of Minor Use Permit, Site Development Review, and Variance. The Director or his/her designee may approve, conditionally approve or deny a Minor Use Permit or Site Development Review without a public hearing. The Zoning Administrator may approve, conditionally approve or deny a Variance without a public hearing. 8.132.050 Notice of Decision. Where the Director considers a Minor Use Permit or Site Development Review or the Zoning Administrator considers a Variance pursuant to this Title, a Notice of Decision shall be given as follows: A. Timing. Notice shall be given not less than 10 days before the date of a scheduled decision by the Director or the Zoning Administrator. Page 6 of 10 ~~ ~- 3~ B. Content of notice. The Notice shall include, but not be limited to: 1. The date and time on or after which a decision will be made. 2. The place of the decision. 3. The name of either the Director or Zoning Administrator making the decision. 4. A general explanation of the matter to be considered. 5. A general description, in text or by diagram, of the location of the real property that is the subject of the decision. New Chapter 8.70 (Recreational Facility (Indoor)) is added to Title 8 of the Dublin Municipal Code to read as follows: CHAPTER 8.70 Recreational Facilities (Indoor) 8.70.010 Purpose. The purpose of this section is to provide regulations to guide the appropriate establishment of Recreational Facilities (Indoor). 8.70.020 Intent. The intent of this section is to ensure that Recreational Facilities (Indoor) meet all of the following objectives. That the facility: A. Allows for the safe and appropriate use of the building and/or space in which the facility is located. B. Does not negatively impact the character of the commercial or industrial neighborhood in which the facility is located. C. Does not negatively impact traffic or parking facilities in the neighborhood. D. Complies with all Building and Fire Code regulations for the use and occupancy type of the facility. E. Conforms to all provisions of the zoning district in which it is located. F. Complies with all Development Standards and Regulations of Chapter 8.70, Recreational Facilities (Indoor). 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. Page 7 of 10 1~ of 3~0 8.70.040 Permitting Procedures. A. Zoning Clearance. A proposed Recreational Facility (Indoor) shall be approved ministerially with a Zoning Clearance and without discretionary review or a public hearing if it meets the following standards: Meets all Development Standards and Regulations under Section 8.70.030. 2. The hours of operation are no earlier than 6:00 a.m. and no later than 10:00 p.m. 3. Meets the parking requirement for the use type in accordance with the requirements of Section 8.76.080 (Parking Requirements By Type) without any adjustments, reductions or variances. 4. The facility qualifies for an exemption for environmental review under the California Environmental Quality Act (CEQA). A Zoning Clearance form shall document the compliance of the Recreational Facility (Indoor) with the above requirements and shall be kept on file in the Community Development Department for the duration of the operation of the Recreational Facility (Indoor). B. Minor Use Permit. A proposed Recreational Facility (Indoor) that meets all Development Standards and Regulations under Section 8.70.040 but otherwise does not meet the requirements for approval by zoning clearance under Section 8.70.040A shall require approval of a Minor Use Permit under Chapter 8.102 (Minor Use Permit). New Chapter 8.102 (Minor Use Permit) is added to Title 8 of the Dublin Municipal Code to read as follows: CHAPTER 8.102 MINOR USE PERMIT 8.102.010 Purpose. The purpose of this Chapter is to establish a procedure for approving or denying land uses that are subject to a minor use permit requirement under the City Code. Such uses would only be approved if their effect on the surrounding environment can be made acceptable through the application of conditions of approval. 8.102.020 Uses Requiring a Minor Use Permit. The uses and related structures requiring a Minor Use Permit shall be limited to those in Chapter 8.12, Zoning Districts and Allowable Uses of Land, for each zoning district, and elsewhere in this Ordinance. 8.102.030 Application. The Applicant shall submit a complete application pursuant to Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee and/or deposit and such materials as are required by the Director of Community Development. 8.102.040 Concurrent Consideration. When a Minor Use Permit is required for a project which is also subject to a Zoning Ordinance Amendment, Specific Plan, Specific Page 8 of 10 ~~ ~ 3a Plan Amendment, or General Plan Amendment, it shall be approved or denied by the same decision-maker or body for those actions. 8.102.060 Notice and Hearings. Minor Use Permit applications shall be considered by the Community Development Director with notice pursuant to Chapter 8.132, Notice and Hearings. A Notice of Decision shall be provided not less than 10 days before the date of a scheduled decision by the Community Development Director. 8.102.060 Required Findings. The following findings shall all be made in order to approve a Minor Use Permit and shall be stated in the Notice of Decision: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity. 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), which could include a parking reduction for shared parking. C. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare. D. It will not be injurious to property or improvements in the neighborhood. E. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare. F. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed. G. The proposed use will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located. H. The proposed use is consistent with the Dublin General Plan and with any applicable Specific Plans. 8.102.070 Action. The decision maker for Minor Use Permits shall be the Community Development Director (or his/her designee). The decision maker may approve, conditionally approve, or deny a Minor Use Permit based on the required findings in Section 8.102.060. If the Community Development Director determines that the proposed Indoor Recreational Facility could have impacts that should be considered by the Planning Commission at a public hearing, the Community Development Director may refer decision making on the Minor Use Permit to the Planning Commission. Page 9 of 10 ao ~- 3b 8.102.080 Amendments. A. Minor Amendment. The Community Development Director or his/her designee shall determine that a minor amendment to a Minor Use Permit is in substantial conformance with the Minor Use Permit if it is a minor project as described below, is Categorically Exempt from the California Environmental Quality Act, and is consistent with the conditions of approval for the permit. It is not the intent of this Chapter that a series of Minor Amendments be used to circumvent the need for a new Minor Use Permit. A minor project shall include any of the following: The cumulative physical expansion of any structure approved in the original Minor Use Permit by no more than 1,000 square feet. 2. The expansion or intensification of use by no more than 10% of the original use. 3. Relocation of a use within the same property or structure. 4. A maximum 25% increase or decrease in hours of operation. B. Other Amendments. The process for amending a Minor Use Permit shall be the same as the process for approving a Minor Use Permit except that the decision-maker for such Minor Use Permit shall be the same decision-maker that ultimately approved the Minor Use Permit including any approval on appeal, or by referral. 8.102.090 Building Permits. Building Permits shall not be issued except in accordance with the terms and conditions of the Minor Use Permit approval. 8.102.100 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except as otherwise provided in this Chapter. Page 10 of 10 a~ ~- ae RESOLUTION NO. XX - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING RESOLUTION 49-06 TO REVISE THE ADOPTED FEE SCHEDULE AND ADD FEES FOR THE FOLLOWING APPLICATIONS: ZONING CLEARANCE FOR INDOOR RECREATIONAL FACILITIES, MINOR USE PERMIT, MINOR AMENDMENT TO A MINOR USE PERMIT, AND MAJOR AMENDMENT TO A MINOR USE PERMIT (ZOA 09-002) WHEREAS, the City Council has adopted Chapter 8.70, Recreational Facilities (Indoor) and Chapter 8.102 (Minor Use Permit), of Title 8, Zoning Ordinance of the Municipal Code establishing a process for reviewing applications for Indoor Recreational Facilities within the jurisdictional limits of the City of Dublin via a Zoning Clearance or Minor Use Permit; and WHEREAS, the City Council adopted the current fee schedule on April 18, 2006 by Resolution 49-06 and the fees took effect on July 1, 2006; and WHEREAS, there is currently no application fee amount listed in the fee schedule for a Zoning Clearance for Indoor Recreational Facilities, Minor Use Permit, Minor Amendment to a Minor Use Permit, and Major Amendment to a Minor Use Permit; and WHEREAS, a Staff Report was submitted outlining the staff time required for the processing of these application types and recommending subsidized fee amounts of $250 for a Zoning Clearance for Indoor Recreational Facilities, $600 for a Minor Use Permit, $129 for a Minor Amendment to a Minor Use Permit and $600 for a Major Amendment to a Minor Use Permit; and WHEREAS the City Council held a properly noticed public hearing on said fees on November 3, 2009; and NOW, THEREFORE, the City Council of the City of Dublin does RESOLVE to amend Resolution 49-06 to revise the adopted fee schedule and add new fees for the following applications: Zoning Clearance for Indoor Recreational Facilities - $250 Minor Use Permit - $600 Minor Amendment to a Minor Use Permit - $129 Major Amendment to a Minor Use Permit - $600. PASSED, APPROVED AND ADOPTED this 3rd day of November, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ATTACHMENT 3 as ~- 3b AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: October 13, 2009 SUBJECT: ZOA 09-002: Zoning Ordinance Amendments (Legislative) - Amendments to the Dublin Municipal Code related to Recreational Facilities (Indoor) including modifications to Chapter 8.08 (Def nitions), Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off Street Parking and Loading), Chapter 8.116 (Zoning Cleaaance), 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). Report prepared by Kristi Bascom, Project Planner ATTACHMENTS: 1. Resolution recommending the City Council adopt an Ordinance approving amendments 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), Chapter 8.132 (Notice and Hearing) and the creation of two new Chapters: 8.70 (Recreational Facilities (Indoor)) and 8.102 (Minor Use Permit), with draft City Council Ordinance attached as Exhibit A. 2. Chapter 8.08 (Definitions) with modifications to the text in strikethrough (remove) and underline (new). 3. Chapter 8.12 (Zoning Districts and Permitted Uses) with modifications to the text in strikethrough (remove) and underline. (new). 4. Chapter 8.76 (Off Street Parking and Loading) with modifications to the text in strikethrough (remove) and underline (new). 5. Chapter 8.116 (Zoning Clearance) with modifications to the text in strikethrough (remove) and underline (new). 6. Chapter 8.132 (Notice and Heazing) with modifications to the text in strikethrough (remove) and underline (new). 7. New Chapter 8.70 (Recreational Facilities (Indoor)). 8. New Chapter 8.102 (Minor Use Permit). RECOMMENDATION: 1. Receive the Staff presentation; 2. Open Public Hearing; 3. Take testimony from the Public; 4. Close Public Hearing and deliberate; 5. Adopt Resolution recommending that the City Council adopt an Ordinance approving amendments 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 COPIES TO: In House Distribution File G:1Zoning Ord~ZOA 09-002 Indoor Rec~PCSR.doc Page 1 of 8 ATTACHMENT 4 Clearance), Chapter 8.132 (Notice and Hearing) and the creation of two new Chapters: Chapter 8.70 (Recreational Facilities (Indoor)) and Chapter 8.102 (Minor Use Permit), with the draft Ordinance included as Exhibit A. a3 ~ ~~ BACKGROUND: 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. Over the past few years, the City has received numerous applications for Recreational Facilities (Indoor). While some of the applications included requests for variations to the development standards, and in particular, parking requirements, several of the recent applications were fairly straightforward from a land use planning perspective. However, all types of Recreational Facilities (Indoor) currently require a Conditional Use Permit (CUP), and each of the Applicants - no matter how small their proposed facility or how minor the impacts of their proposed use -must to go through the Conditional Use Permit process. The Conditional Use Permit process serves a valuable purpose: to be able to examine certain types of uses in more detail to ensure the establishment of the use does not have detrimental impacts to the community. However, after reviewing several recent applications for Recreational Facilities (Indoor), it appears that there are certain types of Recreational Facilities (Indoor) that could be exempted from the traditional Conditional Use Permit process. Staff has reviewed the various Chapters of the Zoning Ordinance and is recommending several Amendments that will modify the permit and parking requirements for Recreational Facilities (Indoor) and facilitate quicker processing of certain applications. This will allow those facilities with minimal impacts a much shorter review time at a lower up front cost to the Applicant. ANALYSIS: Before beginning the Zoning Ordinance revisions, Staff examined the permit procedures and parking requirements of other jurisdictions in the Tri Valley. In comparing Dublin's requirements to those of San Ramon, Livermore, and Pleasanton, Staff found good examples of how other communities streamline the review of Recreational Facilities (Indoor). The City of Livermore allows many Recreational Facilities (Indoor) by right (depending on the size of the facility), the City of Pleasanton allows many Recreational Facilities (Indoor) by right (depending on the number of students served by the facility), and the City of San Ramon allows some uses via a Minor CUP process while others need a traditional CUP. In considering the types of Recreational Facilities (Indoor) that were locating in Dublin, the San Ramon concept seemed an appropriate method to consider. After reviewing the recent applications for Recreational Facilities (Indoor) that the City of Dublin has received in the past few years and analyzing alternatives to streamline the process for future applications, Staff drafted two new chapters to the Zoning Ordinance: Chapter 8.70 (Recreational Facilities (Indoor)) and Chapter 8.102 (Minor Use Permit). These new chapters provide a streamlined process for review of applications for Indoor Recreational Facilities. In addition to the new Chapters, Staff has prepared revisions to several other chapters of the Zoning Ordinance to facilitate the establishment of Indoor Recreational Uses, including: Page 2 of 8 1) Chapter 8.08 (Definitions) 2) Chapter 8.12 (Zoning Districts and Permitted Uses) 3) Chapter 8.76 (Off Street Pazking and Loading) ~t"1 0~ ~(p 4) Chapter 8.116 (Zoning Clearance) 5) Chapter 8.132 (Notice and Hearing) The two new Chapters and the proposed modifications to the other Chapters of the Zoning Ordinance are discussed below in greater detail. Chanter 8.08 (Definitions This Chapter is proposed to be modified to change the types of uses included in the definition of "Indoor Recreational Facility." In an effort to capture all of the similar recreational use types, several uses have been added to the definition, including: indoor play center (i.e. rock climbing wall, inflatable party place), drama/voice/instrument instructional studio, and badminton. Additionally, several uses that aze less about recreation and more about entertainment have been removed from the definition, including: auditorium, billiazd/pool hall, cazd room, nightclub, recording studio, and theater. These uses have different impacts from typical recreation uses in that they are mainly nighttime uses, can serve alcohol to patrons, aze not instructional in nature, and typically serve an adult clientele. Because of these differences, these uses aze now listed separately in Chapter 8.08 (Definitions). The intent of making these changes was to group together those uses which could be subject to a more streamlined review and approval process in the Indoor Recreational Facility definition, and to remove those uses which should get a more detailed review under the existing Conditional Use Permit process. The proposed Amendments to Chapter 8.08 are illustrated in Attachment 2. Chanter 8.12 (Zoning Districts and Permitted Uses This Chapter is proposed to be modified to change the matrix of Permitted and Conditionally Permitted Uses. Recreational Facilities (Indoor) are proposed to be permitted in the C-l, C-2, M-P, M-l, and M-2 Zoning Districts with either a Zoning Clearance or Minor Use Permit, depending on whether the facility can comply with the Development Standards and Regulations of the Recreational Facility (Indoor) Chapter of the Zoning Ordinance (described in detail in the section on Chapter 8.70). For the uses that have been removed from the Recreational Facility (Indoor) definition (as discussed above), they are proposed to be listed individually in the matrix, and those uses continue to be permitted with a Conditional Use Permit approved by the Zoning Administrator in the C-1, C-2, M-P, M-1, and M-2 Zoning Districts - as they are currently, with the exception of a comedy club and theater which would be permitted in the C-1 and C-2 Zoning Districts. The uses now listed individually in the matrix are auditorium, billiazd/pool hall, card room, comedy club, nightclub, recording studio, and theater. The proposed Amendments to Chapter 8.12 are illustrated in Attachment 3. Chapter 8.76 (Off Street Pazkin~ and Loading) This Chapter is proposed to be modified to change the parking standards for several types of Indoor Recreation uses. In order to ensure that Dublin's standards are in line with other nearby communities, a comparison of the parking standards for the cities of Pleasanton, Livermore, and San Ramon was Page 3 of S completed and reviewed by the City's Traffic Engineer. Parking standards are proposed to be modified for the following uses: ~r~. D f 3 t w Use T e Existin Standard Pro osed Standard Billiard and Pool Hall 2 per table, plus 1 per 100 SF for 2 per pool table, plus 1 per 250 square eating drinking area, plus 1 per 250 SF of feet of accessory uses (space not devoted office to ool tables Card Club None 1 er 200 s uare feet Comedy Club None If the club is to be located in an existing and operating Eating and Drinking Establishment, no additional parking spaces are required. Otherwise, 1 per 100 s uare feet Nightclub None If the club is to be located in an existing and operating Eating and Drinking Establishment, no additional parking spaces are required. Otherwise, 1 per 100 s uare feet Recording studio None 5 spaces plus one for each employee on the lar est shift Art, dance, or exercise studio 1 er 50 SF lus 1 er 250 SF of office 1 er 200 s uare feet Bowling Alleys 5 per lane plus 1 per 300 SF of retail, plus 5 per lane, plus 1 per 250 square feet of 1 per 100 SF for eating/drinking area, plus accessory uses (space not devoted to 1 er 250 SF of office lanes Handball, tennis, racquetball 2 per court plus 1 per 300 SF of retail, plus 2 per court, plus 1 per 3 fixed seats for facilities 1 per 100 SF for eating/drinking area, plus spectator area, plus 1 per 250 square feet 1 per 250 SF of office of accessory uses (space not devoted to courts ors ectator area Health Club/Fitness Center 1 per 150 SF of weight room, pool, and spa 1 per 150 SF area plus 1 per 50 SF of exercise studio area plus 1 per tanning or massage station, plus 1 per 300 SF of retail, plus 1 per 100 SF for eating/drinking area, plus 1 per 250 SF of office. Indoor play center (i.e rock None 1 per 200 square feet climbin wall, inflatable a lace Indoor sport arenas 50 per field or sports court, plus 1 per 3 50 per field or sports court, plus 1 per 3 (soccer/volleyball) fixed seats for spectator areas plus 1 per fixed seats for spectator area, plus 1 per 300 SF of retail, plus 1 per 100 SF for 250 square feet of accessory uses (space eating/drinking area, plus 1 per 250 SF of not devoted to fields or spectator area) office Martial Arts studio 1 er 50 SF lus 1 er 250 SF of office 1 r 200 s uare feet Skating Ruilc (Ice or Roller) 1 per 175 SF plus 1 per 300 SF of retail, 1 per 175 square feet of rink area, plus 1 plus 1 per 100 SF for eating/drinking area, per 250 square feet of accessory uses lus 1 er 250 SF of office s ace not devoted to skatin rink Swimming Pool 1 per 100 square feet of pool area 1 per 100 square feet of pool area, plus 1 per 3 fixed seats for spectator area, plus 1 per 250 square feet of accessory uses (space not devoted to pool or spectator area Drama/voice/instrument 1 per 50 SF plus 1 per 250 SF of office 1 per 200 square feet instructional studio In addition to the changes proposed to the parking standards, it is also proposed that the Community Development Director be permitted to grant a reduction in off-street parking requirements for shared parking for Recreational Facilities (Indoor) in compliance with Chapter 8.70. In most other cities surveyed, it was found that the Community Development Director is typically the approval body for a Page 4 of 8 shared parking arrangement. If the shared parking arrangement that is proposed does not demonstrate evidence that no conflicts will exist,. approval cannot be granted via the Minor Use Permit process. ~.~ .~~ Reductions for shared parking for an Indoor Recreational Facility may be granted by the Comm nity Development Director if a statement written by the Applicant, and signed by the Property Owner, demonstrates the following: 1. The required findings of Chapter 8.102 (Minor Use Permit) can be made. 2. A sufficient number of spaces are provided to meet the greatest parking demands of the participating use types and to ensure that there will not be a parking deficiency. 3. Satisfactory evidence is provided that the use types, by their natures and operating times,. will not conflict with each other. 4. Overflow parking will not adversely affect any adjacent use. If the criteria above cannot be met, the Community Development Director may not grant the reduction and a Conditional Use Permit will be required. The proposed Amendments to Chapter 8.76 are illustrated in Attachment 4. Chapter 8.116 (Zoning Clearance) This Chapter is proposed to be modified to note that a Zoning Clearance can be used to certify conformance of a Recreational Facility (Indoor) application with the requirements of the Zoning Ordinance, the General Plan, any applicable Specific Plans, and the terms and conditions of any applicable permits or variances. The Chapter is also being updated to note the application and approval procedures for Indoor Recreational Facility Zoning Clearances. The proposed Amendments to Chapter 8.116 are illustrated in Attachment 5. Chapter 8.132 (Notice and Hearin This Chapter is proposed to be modified to note that a Minor Use Permit can be considered without the requirement for a public hearing. It is also revised to state that a Notice of Decision shall be given to property owners and tenants within 300' of the property 10 days before a scheduled decision by the Zoning Administrator or Community Development Director. The proposed Amendments to Chapter 8.132 are illustrated in Attachment 6. New Chapters• Chapter 8 70 Recreational Facilities (Indoor)) and Chapter 8.102 (Minor Use Permit) These new chapters describe the proposed methods of processing an application for an Indoor Recreational Facility. The concept is that if a facility meets certain development standards and regulations related to parking, hours of operation, and adherence to building and fire codes, then the impacts of the facility should be low and the use can be permitted with a minimum amount of application processing. If the facility cannot meet the development standards and regulations, then the facility can be reviewed through a modified use permit process. Page 5 of 8 The development standards and regulations for Indoor Recreational Facilities are as follows: 1. The facility shall comply with all development standards and regulations for the zoning district in which it is located as well as any other provisions of City Codes~or regulations, including occupancy, accessibility, California Building Code, and Fire Code requirements. ~'~ ~ ,;~~ 2. The hours of operation are no earlier than 6:00 a.m. and no later than 10:00 p.m. °-~ 3. The facility meets the parking requirement for the use type in accordance with the requirements of Section 8.76.080 (Parking Requirements By Type) without any adjustments, reductions or variances. 4. The facility qualifies for an exemption from environmental review under the California Environmental Quality Act (CEQA). With these development standards playing a key role, the approval process for an Indoor Recreational Facility is filtered as follows: Can the proposed Indoor Recreational Facility meet the Development Standards and Regulations listed above? YES Apply for a Zoning Clearance. • Staff-level approval • No public hearing • Quicker timeframe • Lower application fee NO Apply for a Minor Use Permit. • Community Development Director review and approval • Shortened timeframe from traditional Conditional Use Permit process • No public hearing • Notice of Decision sent to surrounding properties and tenants within 300' (typical noticing process) A Zoning Clearance is a process to document the compliance of the Indoor Recreational Facility with the above development standards. The Zoning Clearance is a form that is .kept on file in the Community Development Department for the duration of the operation of the Indoor Recreational Facility. A Minor Use Permit would be a discretionary approval that is similar to a Conditional Use Permit, but does not have the same requirement for a public hearing. The Minor Use Permit process follows a similar review and approval process as Site Development Review applications that are eligible for review by the Community Development Director: The application is reviewed by Planning Staff and routed to other departments and agencies for review as appropriate; 2. Conditions of Approval are prepared; 3. Planning Staff makes a recommendation to the Community Development Director; and 4. A Notice of Decision is prepared and circulated stating the Community Development Director's intent to act on the project ten days prior to date of the scheduled decision. The Notice of Decision is posted and mailed to property owners and tenants within 300' of the subject property in compliance with Section 8.132.050 of the Zoning Ordinance (Notice of Decision). 5. The Community Development Director's decision on a Minor Use Permit application can be appealed to the Planning Commission. Page 6 of 8 If the Community Development Director determines that the proposed Indoor Recreational Facility could have impacts that should be considered by the Planning Commission at a public hearing, the Community Development Director may refer decision making on the Minor Use Permit to the Planning Commission. The proposed Chapter 8.70 (Recreational Facility (Indoor)) is included as Attachment 7. The proposed Chapter 8.102 (Minor Use Permit) is included as Attachment 8. a ~ ~ j,,,_ 3~ Administrative Procedures One of the benefits of the Conditional Use Permit process is that it allows other City departments such as Building, Fire Prevention, Public Works, and Police the opportunity to review the details of the proposed use. These departments can advise the Applicant of necessary upgrades and draft Conditions of Approval to ensure that once the use was established, it would be operating in accordance with City codes and regulations. As is often the case with Recreational Facilities (Indoor), the Fire Prevention and Building Division Staff, in particular, can be very involved in working with the Applicant through the Conditional Use Permit process to ensure that the building or tenant space they are planning to occupy can be safely used for their use. Due to the nature of Recreational Facilities (Indoor) and the number of people they can serve at any given time, it is often the case that changes need to be made to the building to comply with Building and Fire Codes as well as occupancy and accessibility requirements before the business can move in. If the changes proposed in this Staff Report take effect, many of the Recreational Facilities (Indoor) that would have gone through the Conditional Use Permit process in the past will no longer need to do so. Therefore, Staff is developing an administrative procedure to ensure that this coordination with the Applicant still takes place when the only approval needed is a Staff-level Zoning Clearance. The administrative procedure for the Zoning Clearance process will ensure that Applicants are made aware that although the actual Indoor Recreational Facility use may be permitted, they will still need to consult with Building, Fire Prevention, and Public Works Staff to be informed of code issues they must comply with in order to safely occupy the building for their use. 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. PUBLIC NOTICING: In accordance with State law, a public notice was published in the Valley Times and posted at several locations throughout the City. A notice of this hearing was mailed to those requesting such notice ten days before the hearing and the Staff Report and attachments were made available for public review prior to the public hearing in accordance with Government Code Sections 65090 and 65091. CONCLUSION: At the request of the City Council, Staff has reviewed the Zoning Ordinance requirements for various business types in an effort to streamline the entitlement process and to promote business in Dublin. Based Page 7 of 8 on this review, several modifications are proposed to be made to the Zoning Ordinance in order to provide a more streamlined and efficient application process for Indoor Recreational Uses. By reducing the level of review required for uses that can meet minor development standards and regulations, the City will encourage Recreational Facilities (Indoor) that have minimal impacts on surrounding properties while ensuring the appropriate level of review for those that cannot meet the criteria. The proposed amendments will modify the permit and parking requirements for Recreational Facilities (Indoor) and facilitate quicker processing of these applications. This will allow those facilities with minimal impacts a much shorter review time at a Lower up front cost to the Applicant. ~~ ~ ~~ RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive the Staff presentation; 2) Open Public Hearing; 3) Take testimony from the Public; 4) Close Public Hearing and deliberate; and 5) Adopt Resolution recommending that the City Council adopt an Ordinance approving amendments 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), Chapter 8.132 (Notice and Hearing) and the creation of two new Chapters: Chapter 8.70 (Recreational Facilities (Indoor)) and Chapter 8.102 (Minor Use Permit), with the draft Ordinance included as Exhibit A. Page 8 of 8 RAFT ~~ 4~ ~3`~DRAFT Cm. ing felt there was a need for this type of facility in the City and parking would no a proble although he felt the Commission should monitor the situation. He state e is in support the project. Cm. Brown f~t that expanding the conditional uses to include a banquet faci~is appropriate. Cm. Swalwell felt e project is appropriate and his concern regarding parking agreement is something to watch d see if it becomes a problem. He stated he is ' support the project. Chair Wehrenberg felt e use is appropriate and that busine s need to be creative in these times. On a motion by Cm. King d seconded by Cm. S aub, on a vote of 5-0, the Planning Commission approved: RE LUTIO O. 09-37 A RESOLUTION OF PLANNING COMMISSION OF THE Y OF DUBLIN APPROVING ONDI NAL USE PERMIT FOR A MINOR AMENDMENT TO HE PLANN DEVELOPMENT ZONING DISTRICT (PA 98-047) TO EXPAND THE LI OF CONDITI AL USES TO INCLUDE A BANQUET FACILITY PA 09-006 RESOLUTION NO. 09 - 38 ABSOLUTION OF THE PLANNING COMMIS9~ON OF THE CITY OF DUBLIN APPROVING A NDITIONAL USE PERMIT TO OPERATE A BANQU FACILITY AT 4288 DUBLIN B LEVARD, SUITE 218 IN THE ULFERTS CENTER AND A OW THE USE OF OFF-SITE PARKING PA 09-006 8.2 ZOA 09-002: Zoning Ordinance Amendments -Amendments to the Dublin Municipal Code related to Indoor Recreational Facilities including 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 (Indoor Recreational Facilities) and Chapter 8.102 (Minor Use Permit). Kristi Bascom, Consulting Planner presented the project as outlined in the Staff Report. ~2'furzrzin~j (;'ommrssian C)i tufier X3, 2t?09 ~Kegu£ur:hteeting 172 Attachment 5 DRAFT 3~ ~ ~~DRAFT Cm. Schaub asked if the Commission could use this time as a study session to discuss these changes and additions to the Zoning Ordinances. Chair Wehrenberg agreed. Cm. King asked if an MUP is denied can the Applicant appeal to the Planning Commission. He also asked if the MUP is approved and there are problems what remedy does the City have to deal with the problem. Ms. Bascom answered the problem would be dealt with in the same way as a business found to be out of compliance with their use permit. Cm. King asked how the City would deal with a business that is not out of compliance but there is a problem with the approved plan, such as the parking need is found to be greater than what was anticipated. Ms. Bascom responded that as with any existing business if the written description of the business is accurate and if they meet the parking requirement then they are OK. Some businesses generate a greater parking need than others but the City must treat them according to the land use therefore as long as they are in compliance then they are OK. Mr. Baker stated that the MUP process would be similar to the CUP process and the remedies would be the same if the Applicant was not iri compliance with the Conditions of Approval the City has an enforcement mechanism to deal with that. He stated that as long as the user operates within the Conditions of Approval there are limits to the City's ability to enforce anything that is not a current condition. However, the MUP has a public notice so all surrounding users would be notified in advance and would have the opportunity to appeal to the Planning Commission if the application were approved by the Community Development Director. Cm. King asked for the definition of an "adult business establishment." Ms. Bascom answered that "adult business establishment" is specifically defined in the code currently and that definition was not proposed to change. Cm. King asked about the new definitions that were added which include "theater other than adult business establishment." Ms. Bascom stated that the reason it is a new definition is because previously "theater' was listed with the same text under the "indoor recreation facility' definition and under the proposed changes "theater' was no longer considered as an indoor recreation facility. She continued that uses such as billiard/pool hall, theater and card room were all taken out of the "indoor recreation facility" definition and given their own definition. r1'larzzziaz~ (;ammzssiorz -- O<-taFier 13, 21109 rKg~ufar ~fcetYng 173 DRAFT ~~ ~' RAFT Cm. King asked how the City would handle a theater that ran foreign art films in which there is nudity. Mr. Baker stated that an art theater would be permitted and as long as the content did not fall under the "adult business establishment" definition, nudity could be allowed in an R rated movie. However, if they fell under the "adult business establishment" definition they would not be considered a theater by the City. Chair Wehrenberg felt it would be up to the City to make that determination. Ms. Bascom stated that "theater other than adult business establishment" and "auditorium" were listed as indoor recreational uses but the same determination would still need to be made as to their definition. Cm. Schaub was concerned about day care facilities within health clubs and felt that it was important to look at those applications more specifically than an office use or tanning salon. He felt that simplifying the procedure for a health club was good, but felt it should be reviewed further if there will be significant day care within the facility. Mr. Baker asked if Cm. Schaub was concerned about parking requirements for health clubs with day care facilities. Cm. Schaub answered that the project is about simplifying the requirements for indoor recreation facilities and he was concerned about the day care component of health clubs. Chair Wehrenberg stated the City would typically require a Conditional Use Permit for a day care. Cm. Schaub was concerned with the safety of children in recreational facilities in the light industrial area. He felt it was more than a parking problem and felt that when children are involved the Planning Commission should review the project. The concern was how to get the children from the parking lot to the facility safely. He was concerned that when there are children involved and the business meets the conditions there could be a problem if the situation is not reviewed by the Planning Commission. Cm. Schaub continued he was unsure if the City has a specific percentage of parking shortages that necessitates the project coming to the Planning Commission. He felt that at 10% it would not be a problem. He mentioned a project that was under-parked by 35% and was approved by the Planning Commission. He felt the Planning Commission was correct in approving the project but it turned out to be problematic. He felt that the Planning Commission should review projects that will be significantly under-parked, particularly in areas close to residential. He felt there should be a requirement that any project over 10-15 % or significantly under parked should come to the Planning Commission for review. Ms. Bascom stated any proposal requesting a parking reduction or off-site parking would still go through the CUP process. tt'fannirt~ (;ommissiorr Octvfier I3, 2D09 {~eguCur ~feetirz~j 174 DRAFT 3j?j 0 ~ DRAFT 1 Cm. Schaub felt that the combination of parking and children are of great concern to the Planning Commission. Chair Wehrenberg added that parking issues upset the residents when it impacts them. Chair Wehrenberg felt that the MUP is appropriate as well as the modifications to the definitions and felt we may have to take another look at the boarding house definition when it comes up again. Cm. Brown commented that since the MUP is appealable to the Planning Commission is there any procedure whereby the Planning Commission will receive copies of all the MUPs that are approved. Mr. Baker answered that the Commission would be notified through the noticing process. Cm. Brown asked if there could be a separate section in the meeting binder with a report of Staff actions for a certain period. Mr. Baker answered any time there is an action scheduled to be taken the Planning Commission would be noticed. He stated that there would not be a list of Staff actions but they would receive a postcard notice. Cm. Brown stated he was not referring to the post cards but was requesting a list of Staff actions that were approved. Cm. Baker answered that when there is a Staff action there is no Staff Report, there are conditions but there is not as much paperwork which also speeds up the process and reduces the cost to the Applicant. Cm. King agreed with Cm. Schaub regarding his concern about children's safety and would support some kind of amendment that indicates that if there is a day care to watch children while the adults are busy that it comes to the Planning Commission for approval. Cm. Schaub commented that would slow down the whole idea of creating a quick and less expensive process. Cm. King agreed that whatever the City can do to speed up the process is good. He stated he had confidence that the Community Development Director as the approving body would be as good as the Planning Commission but he felt that most of the items that come for a MUP probably will not be done wrong and most will not have a need for children's facilities such as a pool hall. Mr. Baker stated that the process for those types of facilities that are not considered "indoor recreation' would not change. ~t'farrttitt~j Corrrmissiorr ~ctvber 13, 209 <K~gutur;YleeaYrs~ 175 DRAFT ~ '~ DRAFT Mr. Baker stated that Staff shared the Commission s concern regarding the safety of children and met with departments that review Conditional Use Permits. He stated that the new proposed process would still include the same level of review, i.e. Building, Fire, and Police wo~:ld all be involved in the use permit process. He stated that for a facility that would require a MUP Conditions of Approval could be placed on the project through the MUP process with the various. departments reviewing the application. He continued that with the Zoning Clearance there will be a mandatory meeting with the Applicant and the various departments. Cm. King asked how many applications would involve taking care of children on-site. Mr. Baker responded most of the indoor recreation facilities would involve children, i.e. a karate studio, dance studio or swim academy. Cm. Schaub stated his concern is not with the inside of the facility but he is concerned about the parking circulation, traffic and the compatible uses around the building. Cm. King asked how often in the last 7 years has the City had applications for indoor recreation facilities. Mr. Baker answered there has been quite a few. Ms. Bascom answered Staff had reviewed at last 3 years and found 10 applications for indoor recreation facility CUPS; some reviewed by the Zoning Administrator, some the Planning Commission and all but 1 or 2 had children as the clients. Mr. Baker mentioned that in Staff's research there were no extra Conditions of Approval that further addressed safety. He stated Staff also looked at what surrounding jurisdictions are doing and many have similar processes to what is being proposed. He continued that San Ramon allows indoor recreation in industrial areas with no issues. He also stated that Dublin has not had any safety problems with the existing indoor recreation facilities that have been approved. Cm. Swalwell stated he shares the concern regarding children and safety and felt that the purpose of the changes to the ordinance is to allow the decisions to be made at the Staff level. He felt the concerns regarding safety are valid but felt that those projects mentioned were unique and must be reviewed on a case-by-case basis. He stated it would be impossible to draw up an ordinance that would encompass the Planning Commission's concerns and felt that we need to trust the Community Development Director and Staff to refer anything controversial to the Commission. There was a discussion regarding parking and children in a facility and their safety. Jeri Ram, Community Development Director, gave some history regarding an application for a Karate day care center which was very unusual. It was not specifically a karate center and not specifically a day care center but a day care center with homework and karate. She stated Staff <~'furznin~ ~ammissiam C)ctu~er 13, 2t1t1iz ~~~guf~rYfeetYri~ 176 DRAFT ~~ DRAFT reviewed the application as something unique and different. She stated that if there were a similar application now it would not be considered as an indoor recreation use but it would be considered a day care use because they were picking the children up from school, supervising homework and teaching karate. Ms. Ram continued this type of use would not be considered indoor recreation, it would be something different. She continued the application would follow the process for a day care. She stated indoor recreation would be Ballet studios, martial arts studios where parents are standing outside watching and they are there for a class not for an extended period of time. Cm. Schaub was most concerned with having a day care center in an industrial area and the safe±y of the children versus a retail area where they are used to having children there. Ms. Ram stated that Staff's interpretation would not be indoor recreation; a child care center would be considered a different use. Chair Wehrenberg stated the CDD can determine the definition of the use. Chair Wehrenberg agreed with Cm. Swalwell regarding this issue and felt if there was a problem the application would be brought to the Planning Commission for review. Cm. King asked if this new process takes the burden off the Staff. Mr. Baker answered yes the processing time would be shortened for both the Applicant and Staff. Chair Wehrenberg opened the public hearing and hearing no comments closed the public hearing. On a motion by Cm. Schaub and seconded by Cm. Brown, on a vote of 5-0, the Planning Commission approved: RESOLUTION N0.09 - 39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING AMENDMENTS 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), CHAPTER 8.132 (NOTICE AND HEARING) AND THE CREATION OF TWO NEW CHAPTERS: 8.70 (RECREATIONAL FACILITIES (INDOOR)) AND 8.102 (MINOR USE PERMIT) RELATING TO INDOOR RECREATIONAL FACILITIES ZOA 09-002 2'Cannirc~ commission Octs~GerX3, 2t)C~t) `~gAutur ~teeti:z~ 177 r DRAFT ~ ~ ~DRA~T Cm. King asked about the Miracle Auto painting site. Ms. Morton responded that the site was purchased by the City for the "Eternal Ribbon' site. She added the other parcel was owned by Mr. Gill and the City took a partial "take" from that parcel then Mr. Gill Sr. sold the property to Dublin Honda. NEW OR UNFINISHED BUSINESS -NONE OTHER BUSINESS -NONE 10.1 Brief INFORMATION ONLY reports from the Planning .Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). 10.2 Mr. Baker reminded the Commission that the next meeting on 10-27+~ is canceled. Chair Wehrenberg stated she would not be present for the November 24~ meeting. 10.3 Cm. Swalwell stated he is asked often about vacancies and new businesses coming to the City. He asked if the Commission could receive regular emails updating them as to what is coming to the City. Mr. Baker answered the Planning Department does not tract that information but the Economic Development Department may have that type of information which can be shared with the Commission. Chair Wehrenberg suggested putting the information on the City's website. ADTOURNMENT -The meeting was adjourned at 8:36 p.m. Respectfully submitted, Doreen Wehrenberg Chair Planning Commission ATTEST: Jeff Baker Planning Manager G: ~ MINUTES ~ 2009 ~ PLANNING COMMISSIONS 10.13.09.doc il'lrinnin~ (,'ommissian October 73, ZCtO!I `K~tJuf~ar;l~feeiYttg 178