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Item 6.2 Zone Ord Lg Fam Day Care
G~~y OF Dp~~ 19' ~~ `82 ~~~~~/ ~C~/ ~~rFOR~ STAFF REPORT DUBLIN CITY COUNCIL CITY CLERK File # ^©®©-©© DATE: December 1, 2009 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJEC ZOA 09-003: Zoning Ordinance Amendments (Legislative) -Amendments to the Dublin Municipal Code related to Large Family Day Care Homes including modifications to Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off-Street Parking and Loading), the creation of a new chapter, Chapter 8.66 (Large Family Day Care Homes) and amendments to the fee schedule as it relates to Large Family Day Care Homes. At the request of the Planning Commission, a modification to Chapter 8.70 (Indoor Recreational Facilities) is also being proposed. Prepared By: Marnie R. Waffle, Senior Planner EXECUTIVE SUMMARY: The City Council will review City-initiated amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to Large Family Day Care Homes. The proposed amendments will modify the permit and parking requirements for Large Family Day Care Homes in order to streamline the application process. The amendments include modifications to Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off Street Parking and Loading) and the creation of a new chapter, Chapter 8.66 (Large Family Day Care Homes). Amendments to the fee schedule are also proposed to establish application fees for a Large Family Day Care Home. At the request of the Planning Commission, a minor modification to the recently approved Chapter 8.70 (Indoor Recreational Facilities) is included in the aforementioned amendments as it relates to Indoor Recreational Facilities within Planned Development Zoning Districts. FINANCIAL IMPACT: The proposed Zoning Ordinance Amendments include amendments to the fee schedule to establish fees for a Large Family Day Care Home Minor Use Permit and amendments to a Large Family Day Care Home Minor Use Permit. RECOMMENDATION: Staff recommends the City Council: 1) Receive the Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Take the following actions: a) Waive the reading and introduce an Ordinance amending Zoning Ordinance Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off-Street Parking and Loading) and the creation of Chapter 8.66 (Large Family Day Care Homes); b) Waive the reading and introduce an Ordinance amending Zoning Ordinance Chapter 8.70 Page 1 of 12 ITEM NO. • Z a~ J 1 l (Recreational Facilities (Indoor)) relating to Planned Development Zoning Districts; and c) amend Resolution 49-06 to revise the adopted Fee Schedule and add fees for the following applications: Large Family Day Care Homes Minor Use Permit; Large Family Day Care Home Minor Amendment to a Minor Use Permit; and, Large Family Day Care Homes Major Amendment to a Minor Use Permit. Su, miffed By Community Development Director DESCRIPTION: Rev d By Assistant City Manager At the request of the City Council, Staff has been reviewing the Zoning Ordinance requirements for various business types in an effort to streamline the entitlement process for development applications and to promote businesses in Dublin. According to the State of California Community Care Licensing Division, a total of nine (9) Large Family Day Care Homes are currently operating in the City of Dublin. Since 2005, the City has approved five Conditional Use Permit (CUP) applications for Large Family Day Care Homes and a sixth application is currently being reviewed by Staff. Large Family Day Care Homes provide infant and child care for 9-14 children within a private residence. The Conditional Use Permit allows the City to evaluate Large Family Day Care Homes for compatibility with surrounding residences. This typically includes an evaluation of noise and parking impacts. Conditions of Approval are imposed on Large Family Day Care Homes to address noise and parking and to ensure on-going compatibility within a residential neighborhood. Due to the requirement that all parking and loading spaces for pick-up and drop-off of children be provided off-street, all Conditional Use Permit applications for Large Family Day Care Homes also include requests for a reduction in off-street parking requirements. In each case there has been adequate parking immediately adjacent to the Large Family Day Care Home to meet the demands of the use. From a land use planning perspective, the Conditional Use Permit applications were otherwise fairly straightforward. While, historically, Large Family Day Care Homes have had minimal impacts, all have been subject to the Conditional Use Permit requirement/process. The Conditional Use Permit process serves a valuable purpose: it allows Staff to examine certain types of uses in more detail to ensure the establishment and operation of the use does not have detrimental impacts to the community. However, after reviewing recent Conditional Use Permit applications for Large Family Day Care Homes, it appears that many, if not all, could have been properly examined without being subject to the traditional Conditional Use Permit process. Each of these applications was found to be compatible with surrounding properties. Staff has reviewed the Zoning Ordinance and is recommending Amendments that would modify the permit and parking requirements for Large Family Day Care Home applications to streamline the processing of applications. This would allow Large Family Day Care Homes to Page 2 of 12 be reviewed in a much shorter time frame and allow the establishment of a much needed service, infant and child care, within the community. 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, San Ramon and Danville, Staff found good examples of how other jurisdictions streamline the review of Large Family Day Care Homes. Table 1 below demonstrates the permit procedures and parking requirements for these jurisdictions. T~hla 1 Tri_Vallpv chips Large Family Dav Care Permit Procedures and Parking Requirements ^~ Permit Permit Off-Street Parking Overconcentration City Re uired Process does not include SFR Ordinance • 1 per nonresident 300-feet from other Livermore Home Day • No Notice employee large family day Care Permit . No Hearing • 1 for dro -off/ ick-u cares • Public Notice 1 loading space in 300-feet from other Pleasanton Use Permit • Hearing upon driveway 2nd loading space large family day (~) request curbside cares or nursery • Appeal to PC • Em to ees on street schools • Public Notice 300-feet from other San Ramon Minor Use • Hearing upon • 1 per 6 children large family day Permit (ZA) request • 1 per employee cares • A eal to PC Danville Land Use • Public Notice Hearing required ' 1 per teacher None Permit (PC) l t CC A • 1 per 10 children ~ o ea Conditional • Public Notice 1 per 4 children Dublin Use Permit • Hearing Required • 1 per nonresident None (PC) • A eal to CC emplo ee SFR=Single Family Residence; ZA=Zoning Administrator, PC=Planning Commission; CC=C~ty Counc-I The Town of Danville regulates Large Family Day Care Homes similar to Dublin's current process requiring approval of a Conditional Use Permit by the Planning Commission. The Cities of Pleasanton and San Ramon require approval of a staff-level Use Permit which can be appealed to the Planning Commission; this process is similar to the Minor Use Permit process that has been approved for Dublin in conjunction with Indoor Recreational Facilities. The City of Livermore has a ministerial process in place for the approval of Large Family Day Care Homes with established development standards that Applicants must meet in order to obtain a permit. Approval of a Home Day Care Permit in the City of Livermore is not appealable. If an Applicant is not able to meet the development standards, approval of a Use Permit is required by the Zoning Administrator. An action of the Zoning Administrator can be appealed to the Planning Commission. The Livermore process is similar to the new process the City of Dublin recently adopted for Indoor Recreational Facilities. Dublin's process allows the establishment of Indoor Recreational Facilities with approval of a Zoning Clearance if the project meets certain development standards. This is a ministerial action that is not appealable. For projects that do not meet the development standards, a Minor Use Permit is required. The Page 3 of 12 Minor Use Permit process is discretionary and requires that a public notice be mailed to all property owners and tenants within 300-feet of the project and a public hearing is not required. The decision on a Minor Use Permit is, however, appealable to the Planning Commission. After reviewing applications for Large Family Day Care Homes that the City of Dublin has received over the past 5 years, and analyzing alternatives to streamline the process for future applications, Staff drafted a new Chapter to the Zoning Ordinance: Chapter 8.66 (Large Family Day Care Homes). This new Chapter provides a streamlined process for review of applications for Large Family Day Care Homes and is discussed below. In addition, Staff proposes amendments to the following Zoning Ordinance Chapters: 1) Chapter 8.12 (Zoning Districts and Permitted Uses) 2) Chapter 8.76 (Off Street Parking and Loading) These Amendments would provide a streamlined process for review of applications for Large Family Day Care Homes and are further discussed below. 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 (Attachment 1). Large Family Day Care Homes would continue to be permitted in the A, R-1, R-2 and R-M Zoning Districts. The approval process would be modified to require approval of a Minor Use Permit by the Community Development Director. The Minor Use Permit is described in the newly-proposed Chapter 8.102 of the Zoning Ordinance which is discussed further below. Large Family Day Care Homes would also be permitted with approval of a Minor Use Permit by the Community Development Director in Planned Development (PD) Zoning Districts if not specifically prohibited and if the project site has an underlying Agricultural or Residential General Plan Land Use designation. This allowance for Large Family Day Care Homes in PD Zoning Districts is included in the proposed new chapter, 8.66 (Large Family Day Care Homes) which is discussed further below. Chapter 8 76 (Off Street Parking and Loading) This Chapter is proposed to be modified to change the parking standards for Large Family Day Care Homes (Attachment 2). 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 Livermore, Pleasanton, San Ramon and Danville was completed (see Table 1 above) and reviewed by the City's Traffic Engineer. Dublin's parking standards are proposed to be modified as follows: T bl 2 Existin and Pro osed Parkin Standard for Lar a Famil Da Care Homes a e Use T . e Existin Standard Pro osed Standard Large Family Day Care 2 in enclosed garage per dwelling, 2 in enclosed garage per dwelling, Home (up to 14 children) plus 1 space for every employee plus 1 space for every employee not residing in the home, plus one not residing in the home, plus one loading space for every 4 children loading space for every 6 children in the facility in the facility; one loading space may occur on-street if within 150- feet of the dwellin Page 4 of 12 The proposed amended parking standard for Large Family Day Care Homes reduces the number of loading spaces required from 1 space for every 4 children to 1 space for every 6 children. This reduces the loading space requirement for a Large Family Day Care Home with 14 children from 4 spaces to 2 spaces. (Note: In accordance with the Off-Street Parking and Loading Regulations, where the number of required parking spaces results in a fraction of 0.50 or higher, the parking requirement is rounded up to the next whole space. Conversely, where the number of required parking spaces results in a fraction of less than 0.50, the parking requirement is rounded down to the next whole space.) The proposed amended parking standards also allow for a loading space to be provided on- street if it is within 150-feet of the residential dwelling where the Large Family Day Care Home is proposed to be established. Allowing an on-street loading space is consistent with what surrounding Tri-Valley cities currently allow and would eliminate the need to process a Conditional Use Permit for a Parking Reduction. New Chapter: Chapter 8.66 (Carpe Family Day Care Homes) In addition to the aforementioned Amendments to the Dublin Zoning Ordinance, Staff is proposing the creation of Chapter 8.66 (Large Family Day Care Homes) (Attachment 3). This new Chapter sets forth certain development standards and regulations such as parking, hours of operation, hours of outdoor play and other regulations customary to Large Family Day Care Homes. Additionally, the new Chapter proposes a 300-foot separation between Large Family Day Care Homes located on the same street and a 500-foot separation between Large Family Day Care Homes located within the same cul-de-sac. The proposed separation requirement would prevent an over-concentration of Large Family Day Care Homes. Of the nine Large Family Day Care Homes in Dublin which are currently licensed by the State of California Community Care Licensing Division, all meet the proposed 300-foot and 500-foot separation: The concept behind the development standards and regulations is that if Large Family Day Care Homes can meet these standards then the impacts of the Day Care Home would be low and the use can be permitted with a minimal amount of application processing. If Large Family Day Care Homes are able to meet the development standards and regulations, then a Minor Use Permit would be granted by the Community Development Director. If the development standards and regulations cannot be met, then a Conditional Use Permit would be considered by the Planning Commission at a public hearing. The proposed development standards and regulations for Large Family Day Care Homes are as follows: A. Permitted in the A, R-1, R-2, R-M and certain Planned Development Zoning Districts. A Large Family Day Care Home may be established only in the A, R-1, R-2 and R-M Zoning Districts. A Large Family Day Care Home may also be established in a Planned Development (PD) Zoning District if not specifically prohibited by the PD regulations and if the project site has an underlying Agricultural or Residential General Plan Land Use designation. Any PD regulations which require a Conditional Use Permit for Large Family Day Care Homes shall be superseded by this Chapter and any Large Family Day Care Home in a PD Zoning District, unless specifically prohibited, shall be subject to the requirements of this Chapter. Page 5 of 12 B. Parking. A Large Family Day Care Home shall comply with the following parking regulations: 1. The use shall meet the parking requirements contained in Section 8.76.080 of the Off-Street Parking and Loading Regulations. 2. One required loading space may occur on-street in accordance with Section 8.76.080 of the Off-Street Parking and Loading Regulations. Guardians dropping off or picking up children shall first use an available off-street loading space. 3. At no time shall the Large Family Day Care Home operator's personal vehicles interfere with required loading spaces or employee parking. 4. The operator of the Large Family Day Care Home shall facilitate staggered drop-off and pick-up of children by allowing drop-off and pick-up of children to occur over a minimum 1-hour time period. C. Hours of Operation. Hours of operation for the Large Family Day Care Home shall be no earlier than 7:00 a.m. and no later than 7:00 p.m. Monday through Friday. D. Outdoor Play Activities. Outdoor play activities associated with the Large Family Day Care Home shall not occur earlier than 9:00 a.m. or after 6:00 p.m. E. Outdoor Play Area. The outdoor play areas associated with the Large Family Day Care Home shall be located in the rear and/or side yards of the dwelling and shall be fully enclosed with a 6-foot fence made of materials that provide solid screening from public view. F. Signage. No signage shall be displayed on-site or off-site at any time advertising the Large Family Day Care Home. G. Minimum Separation. A minimum 300-foot separation is required between all Large Family Day Care Homes located on the same street. A Large Family Day Care Home located within a cul-de-sac shall maintain a 500-foot separation from any other Large Family Day Care Home located within the same cul-de-sac. The separation shall be measured from the property lines. H. State of California Licensing. A copy of the State of California child care license shall be submitted to the Community Development Department prior to establishment of the Large Family Day Care Home and shall remain current and valid throughout the life of the Large Family Day Care Home. I. Business License. The operator of the Large Family Day Care Home shall obtain a City of Dublin Business License prior to establishing the Large Family Day Care Home. The Business License shall remain current and valid throughout the life of the Large Family Day Care Home. Page 6 of 12 J. Compliance with Local Ordinances. The operator of the Large Family Day Care Home shall comply with all applicable City of Dublin Ordinances including, but not limited to, Chapter 5.56 (Smoking Pollution Control); Chapter 5.64 (Property Maintenance); and Chapter 7.32 (Building Security). Minor Use Permit nth these development standards playing a key role, the approval process for Large Family Day Care Homes would be as follows: Chart 1. Proposed Approval Process for Large Family Day Care Homes Can the proposed Large Family Day Care Home meet the Development Standards and Regulations listed above? YES Minor Use Permit • Community Development Director approval • Ability to apply Conditions of Approval, if necessary • 300-foot radius Public Notice • No Public Hearing • Quicker timeframe • Appealable to the Planning Commission liL•7 Conditional Use Permit • Planning Commission approval • Ability to apply Conditions of Approval • 300-foot radius Public Hearing Notice • Public Hearing • Appealable to the City Council The Minor Use Permit process is a new process that was approved by the City Council in conjunction with amendments to the Zoning Ordinance as it relates to Indoor Recreational Facilities. The Minor Use Permit is described in the newly-adopted, Chapter 8.102 to the Zoning Ordinance (Attachment 4). It is 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, if necessary, to ensure on-going compatibility with surrounding properties. 3. Planning Staff makes a recommendation to the Community Development Director. 4. A Public Notice (also known as a Notice of Decision) is prepared and circulated to: the property owner; the applicant; local agencies providing facilities and services; any person who specifically requests notice; owners of real property within 300-feet of the project; occupants of property contiguous to the project; and any additional persons the Director deems necessary. Page 7 of 12 5. The Public Notice includes information such as: the date and time that the decision will be made; the name of the body making the decision; a general explanation of the matter to be considered; and a general description of the property that is the subject of the decision. The Public Notice is distributed ten (10) days before the date of the scheduled decision. 6. The Community Development Director's decision on a Minor Use Permit application can be appealed to the Planning Commission. If an application for a Large Family Day Care Home does not meet the development standards and regulations described above, approval of a Conditional Use Permit by the Planning Commission would be required. If, at any time during the review process, the Community Development Director determines that the proposed Large Family Day Care Home 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. PLANNING COMMISSION MEETING: On November 10, 2009, Staff presented the proposed Zoning Ordinance amendments to the Planning Commission for their review and consideration. The Planning Commission discussed the zoning text changes and adopted a Resolution (Attachment 5) recommending City Council approval of the Zoning Ordinance amendments to Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off-Street Parking and Loading) and the creation of Chapter 8.66 (Large Family Day Care Homes). Included in the Planning Commission's motion is a recommendation to the City Council that the General Public Appeal Fee of a Minor Use Permit to the Planning Commission be reduced (Attachment 6). Additional discussion on this topic is provided below in the section on Fee Schedule Modifications. In addition to discussing the amendments related to Large Family Day Care Homes, Planning Commission Chair Wehrenberg also asked about the recent Zoning Ordinance amendments related to Indoor Recreational Facilities. Additional discussion on this topic is provided below in the section on Indoor Recreational Facilities. FEE SCHEDULE MODIFICATIONS: Because the proposed permitting process for Large Family Day Care Homes includes a new application process which is not yet in place, Staff is proposing that the City Council amend the Fee Schedule to include fees for the new Large Family Day Care Minor Use Permit application and for Minor and Major amendments to a Large Family Day Care Home Minor Use Permit. Minor amendments and Major amendments to a Minor Use Permit are described in Chapter 8.102 (Minor Use Permit) (see Attachment 4). Application fees to establish Large Family Day Care Homes in surrounding cities vary widely. Livermore requires a Home Day Care Permit which requires no notice or hearing; the application fee is $270. Pleasanton requires a Use Permit with a public notice and hearing upon request; the application fee is $15. San Ramon requires a Minor Use Permit process with a public notice and hearing upon request; the application fee is $1,335. The Town of Danville requires a Conditional Use Permit to be approved by the Planning Commission; the application fee is $1,320. Page 8 of 12 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 ends up subsidizing permit fees for applications. The current application fee for a Large Family Day Care Conditional Use Permit (CUP) is subsidized and is currently $100 for a CUP that is reviewed by the Planning Commission. 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 Large Family Day Care Homes continue to be subsidized in order to encourage the continued establishment of this service within the community. Staff has prepared the following estimates and is recommending flat fee amounts for the processing of Large Family Day Care Home applications. Est. Staff time Total Staff Cost Recommended Fee Minor Use Permit 8 hours $1,034.16 $100 Minor Use Permit Minor Amendment 2 hours $258.54 $25 Minor Use Permit Ma'or Amendment 8 hours $1,034.16 $100 At the November 10, 2009 Planning Commission meeting, the Planning Commission discussed the appeal process for a Large Family Day Care Minor Use Permit. Members of the Planning Commission expressed concerns that a Minor Use Permit approved by the Community Development Director creates a process by which two appeals could be filed (one appealing the Director's decision to the Planning Commission and the second appealing the Commission's decision to the City Council) and the cost that would be incurred by an appellant. The current General Public Appeal fee is $175 whereas an Applicant who files an appeal is required to pay time and materials for the processing of the appeal. Some Commissioners expressed concerns that applications for a Large Family Day Care Home Minor Use Permit would be appealed due to the absence of a public hearing where residents could voice their concerns. Staff researched all prior Large Family Day Care Home applications and found that no General Public Appeal has ever been filed for a Large Family Day Care Home. One application was appealed by the Applicant to the City Council after being denied by the Planning Commission; however, all other Large Family Day Care Homes have been approved by the Planning Commission and none have ever been appealed. It is possible that a Large Family Day Care Home Minor Use Permit could be appealed by a concerned resident(s) and in such cases Staff believes that a General Public Appeal fee would be appropriate. According to Staff estimates, up to 20 hours could be spent in processing an appeal at a cost to the City of $2,585.40. The General Public Appeal fee is a subsidized fee that does not cover the cost of processing an appeal; however, it does encourage more thoughtful appeals that include legitimate concerns about the project. In adopting Resolution 09-47 (see Attachment 5), the Planning Commission recommended that the City Council approve the amendments to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off-Street Parking and Loading) and the creation of Chapter 8.66 (Large Page 9 of 12 Family Day Care Homes) with a recommendation that the General Public Appeal fee be reduced (see Attachment 6). Should the City Council decide that a reduced General Public Appeal fee is appropriate, the City Council could direct Staff to modify the draft Resolution (Attachment 7) amending Resolution 49-06 to revise the adopted fee schedule and add a reduced fee for the General Public Appeal of a Minor Use Permit to the Planning Commission. INDOOR RECREATIONAL FACILITIES: At the request of the City Council, Planning Division Staff has been reviewing the Zoning Ordinance requirements for various business types in an effort to streamline the entitlement process for development applications and to promote businesses in Dublin. On November 17, 2009 the City Council adopted Amendments to the Dublin Municipal Code related to Indoor Recreational Facilities. These Amendments included, in part, the creation of Chapter 8.70 (Recreational Facilities (Indoor)) (Attachment 8) and the new Minor Use Permit process (see Attachment 4). As adopted, Chapter 8.70 (Recreational Facilities (Indoor)) states that an Indoor Recreational Facility shall comply with all development standards and regulations for the zoning district in which it is located. This statement can be generally interpreted to apply to Planned Development (PD) Zoning Districts; however, some existing Planned Development Zoning Districts may prohibit an Indoor Recreational Facility while others may permit it by-right. At the request of the Planning Commission, an Amendment to Chapter 8.70 (Recreational Facilities (Indoor)) is being proposed (Attachment 9). The proposed amendment clarifies the regulation of Indoor Recreational Facilities across all Planned Development Zoning Districts in the same manner as Large Family Day Care Homes, as described in this Staff Report. The proposed amendment is as follows: 8.70.030.A Permitted in the C-1, C-2, M-P, M-1, M-2, and certain Planned Development Zoning Districts. An Indoor Recreational Facility may be established only in the C-1, C-2, M-P, M-1, and M-2 Zoning Districts. An Indoor Recreational Facility may also be established in a Planned Development (PD) Zoning District if not specifically prohibited by the PD regulations and if the project site has an underlying Commercial or Industrial General Plan Land Use designation. Any PD regulations which require a Conditional Use Permit for an Indoor Recreational Facility shall be superseded by this Chapter. Any Indoor Recreational Facility in a PD Zoning District, unless specifically prohibited or expressly permitted by right, shall be subject to the requirements of this Chapter. A draft Ordinance (Attachment 10) has been prepared for City Council consideration that adds Section 8.70.030A to address the Planning Commission's direction. ENVIRONMENTAL REVIEW: The project has been found to be exempt from the California Environmental Quality Act (CEQA), according to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the amendments to Title 8 (Zoning Ordinance) of the Dublin Municipal Code (Zoning Ordinance) may have a significant effect on the environment. The proposed Ordinance does not allow any new uses, but rather simplifies the permitting process for an already permitted use, and brings the parking requirements and other regulations for Large Family Day Care Homes more in line with those of neighboring jurisdictions. In addition, CEQA Guidelines Page 10 of 12 section 15274 explicitly exempts from CEQA the establishment or operation of Large Family Day Care Homes. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a public notice was published twice in the Valley Times and posted at several locations throughout the City. A notice of this hearing was mailed to those requesting such notice 14 days before the hearing and the Staff Report and attachments were made available for public review 10 days prior to the public hearing in accordance with Government Code Sections 66016 and 66017. 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 businesses in Dublin. Based on this review, modifications are proposed to be made to the Zoning Ordinance in order to provide a more streamlined and efficient application process for Large Family Day Care Homes. By reducing the level of review required for this use, the City would encourage Large Family Day Care Homes which have minimal impacts on surrounding properties while maintaining the appropriate level of review for those that may generate more significant impacts. In evaluating the proposed Zoning Ordinance amendments to modify the permit and parking requirements for Large Family Day Care Homes, and in an effort to facilitate quicker processing of these applications, Staff reviewed the permit and parking requirements of other jurisdictions in the Tri-Valley area. The proposed Amendments incorporate the concept of establishing development standards, similar to the City of Livermore's ministerial process, while retaining the public noticing and appeal procedures that are required for a discretionary review process. The development standards provide Applicants with more certainty in obtaining approval of a Large Family Day Care Home while the Minor Use Permit process requires a public notice to provide concerned residents an opportunity to participate in the approval process by submitting comments during the public noticing period; concerned residents also have the ability to appeal the Community Development Director's decision on a Minor Use Permit. Additionally, a minor modification is proposed to Chapter 8.70 (Recreational Facilities (Indoor)) to clarify the establishment of Indoor Recreational Facilities within existing Planned Development Zoning Districts in the same manner as proposed for Large Family Day Care Homes. ATTACHMENTS: 1. Chapter 8.12 (Zoning Districts and Permitted Uses) with modifications to the text in strikethrough (remove) and underline (new) (for informational purposes only). 2. Chapter 8.76 (Off-Street Parking and Loading) with modifications to the text in strikethrough (remove) and underline (new) (for informational purposes only). 3. Proposed New Chapter 8.66 (Large Family Day Care Homes) (for informational purposes only). 4. Chapter 8.102 (Minor Use Permit). 5. Planning Commission Resolution 09-47 recommending City Council approval of Zoning Ordinance Amendments to Page 11 of 12 Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off- Street Parking and Loading) and the creation of Chapter 8.66 (Large Family Day Care Homes). 6. Draft Planning Commission Meeting Minutes, November 10, 2009. 7. Resolution amending Resolution 49-06 to revise the adopted fee schedule and add fees for the following applications: Large Family Day Care Homes Minor Use Permit, Large Family Day Care Homes Minor Amendment to a Minor Use Permit, and Large Family Day Care Homes Major Amendment to a Minor Use Permit. 8. Chapter 8.70 (Recreational Facilities (Indoor)). 9. Revised Chapter 8.70 (Recreational Facilities (Indoor)) with modifications to the text in strikethrough (remove) and underline (new) (for informational purposes only). 10. Ordinance amending Zoning Ordinance Chapter 8.70 (Recreational Facilities (Indoor)) related to Planned Development Zoning Districts. 11. Ordinance approving Zoning Ordinance Amendments to Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off-Street Parking and Loading) and the creation of Chapter 8.66 (Large Family Day Care Homes). Page 12 of 12 1~ 31 ZONING DISTRICTS AND PERMITTED USES F LAND Chapter 8.12 CHAPTER 8.12 ZONING DISTRICTS AND PERMITTED USES OF LAND 8.12.010 Purpose. The purpose of this Chapter is to establish zoning districts, adopt an official Zoning Map, show equivalent zoning districts between the new Zoning Ordinance and the former Zoning Ordinance, determine permitted land uses and conditionally permitted land uses, and establish decision maker authority for such conditionally permitted land uses. Intent. The intent of this Chapter is to ensure the protection of the public health, safety, and welfare; and to classify and regulate the use of land, buildings and structures within the City of Dublin that will consistently implement the General Plan and specific plans. 8.12.020 Zoning Districts Established. The City of Dublin shall be divided into zoning districts which consistently implement the General Plan and specific plans. The following zoning districts (which may be commonly referred to as "Zones") are established, and shall be shown on the official Zoning Map, Section 8.12.030. A Agricultural Zoning District R-1 Single Family Residential Zoning District R-2 Two Family Residential Zoning District R-M Multi-Family Residential Zoning District PD Planned Development Zoning District C-O Commercial Office Zoning District C-N Neighborhood Commercial Zoning District C-1 Retail Commercial Zoning District C-2 General Commercial Zoning District M-P Industrial Park Zoning District M-1 Light Industrial Zoning District M-2 Heavy Industrial Zoning District 8.12.030 Zoning Map Adopted. A. The boundaries of the zoning districts established by Section 8.12.020 shall be shown upon the map designated as the "City of Dublin Zoning Map" (hereafter referred to as the "Zoning Map", on file with the City Clerk, and available at the Department of Community Development. B. The Zoning Map, together with all legends, symbols, notations, references, zoning district boundaries, map symbols, and other information on the map has been adopted by the City Council in compliance with Government Code Sections 65800 et seq., and is hereby incorporated into this Ordinance by reference as though it were fully set forth here. City of Dublin Zoning Ordinance 12-1 September, 1997 Amended November 2009 ~-~ ~ ~, ~ 4`~~I ~~ ATTACHMENT 1 ~ ~ 3~ ZONING DISTRICTS AND PERMITTED USES O LAND Chapter 8.12 C. The Zoning Map shall implement the adopted General Plan and specific plans. D. Amendments to the Zoning Map shall follow the process established in Chapter 8.120, Zoning Ordinance Amendment. 8.12.040 Zoning District Conversion Table. The following zoning district conversion table shows the equivalent zones of the new Zoning Ordinance and of the former Zoning Ordinance: New Zoning Ordinance A Agricultural District Former Zoning Ordinance A Agricultural District R-1 Single Family Residential District R-1 Single Family Residence District R-2 Two Family Residential District R-2 Two Family Residence District R-M Multi-Family Residential District R-3 Four Family Dwelling District R-M Multi-Family Residential District R-4 Multiple Residence District PD Planned Development District PD Planned Development District C-O Commercial Office District C-O Administrative Office District C-N Neighborhood Commercial District C-N Neighborhood Business District C-1 Retail Commercial District C-1 Retail Business District C-2 General Commercial District C-2 General Commercial District M-P Industrial Park District M-P Industrial Park District M-1 Light Industrial District M-1 Light Industrial District M-2 Heavy Industrial District M-2 Heavy Industrial District 8.12.050 Permitted and Conditionally Permitted Land Uses. The following "Land Use Matrix" lists the permitted and conditionally permitted Use Types, as defined in Chapter 8.08, Definitions, in each Zoning District, and the decision maker authority: AGRICULTURAL USE TYPES AGRICULTURAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Animal Kee in - A ricultural C/ZA - - - - - - - - - - Animal Kee in -Commercial C/ZA - - - - - - - - - - A ricultural Processin C/ZA - - - - - - - - - - Bird Kee in -Commercial C/ZA - - - - - - - - - - Cro Production C/ZA - - - - - - - - - - Horse Stable/Ridin Academ C/ZA - - - - - - - - - - Horsekee in C/ZA - - - - - - - - - - City of Dublin Zoning Ordinance 12-2 September, 1997 Amended November 2009 ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8.12 ~~ 31 RESIDENTIAL USE TYPES RESIDENTIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 A ricultural Housin C/ZA - - - - - - - - - - Animal Kee in -Residential P P P P - - - - - - - Boardin House - C/ZA C/ZA C/ZA - - - - - - - Caretaker Residence C/ZA - - - - - C/PC C/PC C/PC C/PC C/PC Communi Care Facili /Small P P P P - - - - - - - Du lex - - P P - - - - - - - Family Day Care Home/Large (up to 14 children) (See Chapter GAG MUP/ GCE MUP/ C-/~E MUP/ CMG MUP/ - - - - - - - 8.66) Rev. Ord 20-06 ovember 2006 CUP CUP CUP CUP Family Day Care Home/ Small (up to 8 children) Rev. Ord. 20- 06 November 2006 P P P P - - - - - - - Farm Mobile Home C/ZA - - - - - - - - - - Gara e/Yard Sale P P P P - - - - - - - Home Occu ation P P P P - - - - - - - Mobile Home P P P - - - - - - - - Mobile Home /Manufactured Home Park - C/PC C/PC - - - - - - - - Multi-Famil Residence - - P P - - - - - - - Parkin Lot -Residential - C/ZA C/ZA C/ZA - - - - - - - Residential Use Secondary to Commercial Use - C/PC - - - - C/PC - - - - Residential Conversion of Gara e to Livin S ace - P - - - - - - - - - Second Unit - C/ZA - - - - - - - - - Sin le Famil Residence P P P P - - - - - - - Temporary Mobile Home/ Manufactured Home TUP TUP TUP - - - - - - - - Tract and Sales Office/ Model Home Com lex - TUP TUP TUP - - - - - - - Transitional Housing Rev. Ord. 25-04 - - C/PC C/PC - - - - - - - CIVIC USE TYPES CIVIC USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Communi Clubhouse - C/PC C/PC C/PC - - C/PC - - - - Communi Facili C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC Hos ital/Medical Center - - - C/PC - - C/PC C/PC - - - Industrial Transfer/Storage/ Treatment Facili - - - - - - - - - C/PC C/PC News a er Rec clip Bin TUP TUP TUP TUP TUP TUP TUP TUP - - - Small Scale Transfer and Stora a Facili - - - - - - - - - C/PC C/PC City of Dublin Zoning Ordinance 12-3 September, 1997 Amended November 2009 ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8.12 COMMERCIAL USE TYPES ""1 0'~ 3~1 COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Adult Business Establishment - - - - - - C/PC C/PC - - - Ambulance Service - C/PC - - - - - P - P - Animal Sales and Services C/ZA - - - - - C/PC C/PC - C/PC C/PC Arcade - - - - - - C/PC - - - - Arts and Crafts Fair TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP - Auction Yard - - - - - - - C/PC C/PC C/PC - Auditorium - - - - - - C/ZA C/ZA C/ZA C/ZA - Automobile/Vehicle Brokera e - - - - P P P P - - - AutomobileNehicle Rental - - - - - - - P - C/PC - Automobile/Vehicle Repairs and Service - - - - - - - P - C/PC - Automobile/Vehicle Sales and Service - - - - - - - C/PC - C/PC - AutomobileNehicle Stora e Lot - - - - - - - TUP - C/PC - Banks and Financial Services - - - - P P P P - - - Bed and Breakfast Inn C/PC C/PC C/PC C/PC - - C/PC C/PC C/PC C/PC C/PC Billiard/Pool Hall - - - - - - C/ZA C/ZA C/ZA C/ZA - Buildin Materials Sales - - - - - - P P - - - Car Wash/Detailin - - - - - - - C/ZA - - - Card Room - - - - - - C/ZA C/ZA C/ZA C/ZA - Carnival - - - - - - TUP TUP - - - Cemeteries, Columbariums and Mortuaries C/PC - - - - - C/PC C/PC - C/PC - Christmas Tree Sales Lot - - - - TUP TUP TUP TUP - - - Comed Club - - - - C/ZA C/ZA P P C/ZA C/ZA - Communi Care Facili /Lar e - C/PC C/PC C/PC - - C/PC C/PC C/PC C/PC - Co in and Blue rintin - - - - P P P P - - - Dance Floor - - - - - - C/PC C/PC - C/PC - Da Care Center 15+ children) - C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC Drive-in/Drive-throu h Business - - - - - C/PC C/PC C/PC - - - Eating and Drinking Establishment Rev. Ord. 16-02 - - - - C/ZA C/ZA P P C/ZA - C/ZA ' - Emergency Shelters Rev. Ord. 25-04 - - - - C/PC C/PC C/PC C/PC C/PC C/PC C/PC Farmer's Market - - - - TUP TUP TUP TUP - - - FestivaUStreet Fair TUP TUP TUP TUP TUP TUP TUP TUP - - - Fireworks Sales - - - - - - TUP TUP - - - Fortunetellin - - - - - - C/PC C/PC - - - Health Services/Clinics - - - - C/ZA - P P - - - HoteUMotel - - - - - - C/PC C/PC - - - Housemover's Stora e Lot - - - - - - - - - - C/PC Im ound Yard - - - - - - - - - C/PC C/PC Laborato - - - - P - - P P P P Massa a Establishment - - - - - C/PC C/PC C/PC - - - Mini-Stora e - - - - - - P - Ni htclub - - - - C/ZA C/ZA C/ZA C/ZA C/ZA C/ZA - Office -Contractor's - - - - - - - P P P P City of Dublin Zoning Ordinance 12-4 September, 1997 Amended November 2009 ~,~ ~1 ZONING DISTRICTS AND PERMITTED USES O LAND Chapter 8.12 COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Office - ProfessionaUAdministrative - - - - P P P P P - - Office Trailer -Commercial - - - - TUP TUP TUP TUP TUP TUP TUP Outdoor Mobile Vendor - - - - C/ZA C/ZA C/ZA C/ZA C/ZA C/ZA C/ZA Outdoor Sale b Est. Dub. Bus. - - - - TUP TUP TUP TUP - - - Outdoor Seatin - - - - C/PC C/PC C/PC C/PC - - - Parkin Lot/Gara e-Commercial - - - - C/PC C/PC P P C/PC P P Personal Services - - - - - p p p _ _ _ Plant Nurse C/PC C/PC - - - - C/PC C/PC - - - Pum kin Sales Lot - - - - TUP TUP TUP TUP _ _ _ Recreational Facility/Indoor (See Cha ter 8.70 - - - - - - ZC/ MUP ZC/ MUP ZC/ M[JP ZC/ MUP ZC/ MUp Recreational Facili /Outdoor C/PC - - - - - C/PC C/PC C/PC C/PC C/PC Recordin Studio - - - - - - _ _ p p _ Re air Sho - - - - - p p p _ _ _ Retail -General - - - - - _ p p _ _ _ Retail -Nei hborhood - - - - - P p p _ _ _ Retail -Outdoor Stora e - - - - - - C/PC C/PC - - - Retail -Service - - - - - - _ p _ _ _ School -Commercial - - - - - _ p p _ _ _ Service Station - - - - - C/PC C/PC C/PC - C/PC C/PC Sho in Center - - - - - - C/PC C/PC - - - Su erstore - - - _ _ _ _ _ _ _ _ Tem or Construction Trailer TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP Temporary Outdoor Sale Not Related to On-Site Established Business Sidewalk Sale - - - - C/ZA C/ZA C/ZA C/ZA C/ZA C/ZA C/ZA Theater (other than Adult Business Establishment) - - - - - P P P C/ZA C/ZA - Vehicle Stora e Yd-Commercial - - - - - - - - - C/ZA C/ZA INDUSTRIAL USE TYPES INDUSTRIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Equipment and materials Storage Yard - - - - - - - C/PC - C/PC - Industrial - Hea - - - - _ _ _ _ _ _ p Industrial - Li ht - - - - - _ _ _ p p p Printin and Publishin - - - - - _ _ _ p p _ Rec clip Facili -Commercial - - - - - - C/PC C/PC C/PC C/PC C/PC Research and Development Laborato - - - - - - _ _ p p p Salva e and Wreckin Yard - - - - - - - - - C/PC C/PC Stora a Container - - - - _ _ _ _ ~p ~p ~p Storage of Petroleum Products for On-Site Use - - - - - - _ p p p p Truckin Terminal - - - - - _ _ _ _ p p Warehousin and Distribution - - - - - - _ p p p p City of Dublin Zoning Ordinance 12-5 September, 1997 Amended November 2009 ZONING DISTRICTS AND PERMITTED USES OF LAND Chapter 8.12 KEY/DECISIONMAKERRUTHORITY 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 ~ ~ ~~ City of Dublin Zoning Ordinance 12-6 September, 1997 Amended November 2009 'I 31 OFF-STREET PARKING AND LOADING REGULATI NS Chapter 8.76 9. Surfacing. Loading areas shall be surfaced with a minimum thickness of 4 inches of asphaltic concrete over a minimum thickness of 5 inches of an aggregate base material or an equivalent structural section to be approved by the Director of Public Works. 10. Wheel Stops/Curbing. Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided for all loading spaces, and shall be set back at least 3 feet from any wall, fence, property line, walkway or structure. 8.76.080 Parking Requirements by Use Type. The number of off-street parking spaces required for the Use Types in this Chapter shall be as provided in this Section. Square footage requirements are in terms of Gross Floor Area. A. Agricultural Use Types. Agricultural Use Types shall provide off-street parking spaces as follows: AGRICULTURE USE TYPES NUMBER OF PARKING SPACES REQUIRED A ricultural Processin 1 er 1,500 s uare feet Horse stable/Ridin Academ 1 er 4 stalls Winery 1 per 400 square feet of tasting room, plus 1 per 1,500 s uare feet of roduction area B. Residential Use Types. Residential Use Types shall provide off-street parking spaces as follows: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES RE UIRED A ricultural Housin 2 er dwellin Boardin House 2 er dwellin , lus .5 er slee in room Caretaker Residence 2 er dwellin Communi Care Facili /Small 2 er dwellin Farm Mobile Home 2 er dwellin Family Day Care Home/ Large (up to 14) Rev. Ord. 20-06 (November 2006) 2 in enclosed garage per dwelling, plus 1 space for every employee not residing in the home, plus one loading space for every 4 6 children in the facility; one loading space may occur on-street if within 150-feet of the dwellin Family Day Care/Small (up to 8) Rev. Ort~ 20-06 ovember 2006 Not regulated Mobile Home 2 er dwellin Mobile Home Park 2 per dwelling, plus 1 guest space for every 2 dwellin s Residences City of Dublin Zoning Ordinance 76-23 September, 1997 Amended November 2009 ATTACHMENT 2 g a~-- 3~1 D ~;AF T LARGE FAMILY DAY CARE HOME Chapter 8.66 CHAPTER 8.66 LARGE FAMILY DAY CARE HOMES 8.66.010 Purpose and Intent. The purpose of this Chapter is to provide for the establishment of Large Family Day Care Homes for up to 14 children within a residential home. 8.66.020 Permitting Procedure. A. Any proposed Large Family Day Care Home shall conform to the Development Standards and Regulations contained in this Chapter (Section 8.66.030) and shall be subject to a Minor Use Permit to be reviewed by the Community Development Director as described in Chapter 8.102 (Minor Use Permit).. Approval of a Minor Use Permit is a discretionary action that does not require a public hearing (per Section 8.132.040 -Notice and Hearing). The decision of the Community Development Director is appealable in accordance with Chapter 8.136 (Appeals). B. Any proposed Large Family Day Care Home that does not meet the Development Standards and Regulations contained in this Chapter (Section 8.66.030), shall be subject to a Conditional Use Permit to be reviewed by the Planning Commission as described in Chapter 8.100 (Conditional Use Permit). Approval of a Conditional Use Permit is a discretionary action that requires a public hearing (per Section 8.132.020 -Notice and Hearing). The decision of the Planning Commission is appealable in accordance with Chapter 8.136 (Appeals). 8.66.030 Development Standards and Regulations. An application for a Minor Use Permit to establish a Large Family Day Care Home shall comply with the following development standards and regulations: 8.66.010 Purpose and Intent. The purpose of this Chapter is to provide for the establishment of Large Family Day Care Homes for up to 14 children within a residential home. 8.66.020 Permitting Procedure. A. Any proposed Large Family Day Care Home shall conform to the Development Standards and Regulations contained in this Chapter (Section 8.66.030) and shall be subject to a Minor Use Permit to be reviewed by the Community Development Director as described in Chapter 8.102 (Minor Use Permit). Approval of a Minor Use Permit is a discretionary action that does not require a public hearing (per Section 8.132.040 -Notice and Hearing). The decision of the Community Development Director is appealable in accordance with Chapter 8.136 (Appeals). B. Any proposed Large Family Day Care Home that does not meet the Development Standards and Regulations contained in this Chapter (Section 8.66.030), shall be subject Ciry of Dublin Zoning Ordinance 78-1 January 2010 ATTACHMENT 3 ~ 31 D R:AF T LARGE FAMILY DAY CARE HO E Chapter 8.66 to a Conditional Use Permit to be reviewed by the Planning Commission as described in Chapter 8.100 (Conditional Use Permit). Approval of a Conditional Use Permit is a discretionary action that requires a public hearing (per Section 8.132.020 -Notice and Hearing). The decision of the Planning Commission is appealable in accordance with Chapter 8.136 (Appeals). 8.66.030 Development Standards and Regulations. An application for a Minor Use Permit to establish a Large Family Day Care Home shall comply with the following development standards and regulations: A. Permitted in the A, R-1, R-2, R-M and certain Planned Development Zoning Districts. A Large Family Day Care Home may be established only in the A, R-1, R-2 and R-M Zoning Districts. A Large Family Day Care Home may also be established in a Planned Development (PD) Zoning District if not specifically prohibited by the PD regulations and if the project site has an underlying Agricultural or Residential General Plan Land Use designation. Any PD regulations which require a Conditional Use Permit for Large Family Day Care Homes shall be superseded by this Chapter and any Large Family Day Care Home in a PD Zoning District, unless specifically prohibited, shall be subject to the requirements of this Chapter. B. Parking. The Large Family Day Care Home shall comply with the following parking regulations: 1. The use shall meet the parking requirements contained in Section 8.76.080 of the Off-Street Parking and Loading Regulations. 2. One required loading space may occur on-street in accordance with Section 8.76.080 of the Off-Street Parking and Loading Regulations. Guardians dropping off or picking up children shall first use an available off-street loading space. 3. At no time shall the Large Family Day Care Home operator's personal vehicles interfere with required loading spaces or employee parking. 4. The operator of the Large Family Day Care Home shall facilitate staggered drop-off and pick-up of children by allowing drop-off and pick-up of children to occur over a minimum 1-hour time period. C. Hours of Operation. Hours of operation for the Large Family Day Care Home shall be no earlier than 7:00 a.m. and no later than 7:00 p.m. Monday through Friday. D. Outdoor Play Activities. Outdoor play activities associated with the Large Family Day Care Home shall not occur earlier than 9:00 a.m. or after 6:00 p.m. City of Dublin Zoning Ordinance 78-2 January 2010 1~ a~ 3~ D ~;AF T LARGE FAMILY DAY CARE HOME Chapter 8.66 E. Outdoor Play Area. The outdoor play areas associated with the Large Family Day Care Home shall be located in the rear and/or side yards of the dwelling and shall be fully enclosed with a 6-foot fence made of materials that provide solid screening from public view. F. Signage. No signage shall be displayed on-site or off-site at any time advertising the Large Family Day Care Home. G. Minimum Separation. A minimum 300-foot separation is required between all Large Family Day Care Homes located on the -same street. A Large Family Day Care Home located within a cul-de-sac shall maintain a 500-foot separation from any other Large Family Day Care Home located within the same cul-de-sac. The separation shall be measured from the property lines. H. State of California Licensing. A copy of the State of California child care license shall be submitted to the Community Development Department prior to establishment of the Large Family Day Care Home and shall remain current and valid throughout the life of the Large Family Day Care Home. I. Business License. The operator of the Large Family Day Care Home shall obtain a City of Dublin Business License prior to establishing the Large Family Day Care Home. The Business License shall remain current and valid throughout the life of the Large Family Day Care Home. J. Compliance with Local Ordinances. The operator of the Large Family Day Care Home shall comply with all applicable City of Dublin Ordinances including but not limited to, Chapter 5.56 (Smoking Pollution Control); Chapter 5.64 (Property Maintenance); and, Chapter 7.32 (Building Security). 8.66.040 Minor Use Permit. A Minor Use Permit shall document the compliance of the Large Family Day Care Home with the above requirements and shall be kept on file in the Community Development Department for the duration of the operation of the Large Family Day Care Home. If it is determined at any time that the Large Family Day Care Home does not meet all of the Development Standards and Regulations in Section 8.66.030, a Conditional Use Permit for the Large Family Day Care Home shall be required. 8.66.050 Conditional Use Permit. A Large Family Day Care Home that does not meet all of the Development Standards and Regulations contained in this Chapter (Section 8.66.030) shall be subject to the Conditional Use Permit process to be reviewed by the Planning Commission in compliance with Chapter 8.100 (Conditional Use Permit). City of Dublin Zoning Ordinance 78-3 January 2010 ~ ~- 3~ DRAFT: ADOPTED NOVEMBER 17, 2009 MINOR USE PERMIT EFFECTIVE DECEMBER 18, 2009 Chapter 8.102 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 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. City of Dublin Zoning Ordinance 100-1 November 2009 ATTACHMENT 4 ~~ a~ ~~ DRAFT: ADOPTED NOVEMBER 17, 2009 MINOR USE PERMIT . EFFECTIVE DECEMBER 18, 2009 Chapter 8.102 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. 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: 1. 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 City of Dublin Zoning Ordinance 100-2 November 2009 i 3 ~~ 3~ DRAFT: ADOPTED NOVEMBER 17, 2009 MINOR USE PERMIT EFFECTIVE DECEMBER 18, 2009 Chapter 8.102 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. City of Dublin Zoning Ordinance 100-3 November 2009 I~1 ~~ 31 RESOLUTION N0.09 - 47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENTS TO CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES) AND CHAPTER 8.76 (OFF-STREET PARKING AND LOADING) AND THE CREATION OF CHAPTER 8.66 (LARGE FAMILY DAY CARE HOMES) ZOA 09-003 WHEREAS, at the request of the City Council, Staff has been reviewing the Zoning Ordinance for ways to streamline the entitlement process for development applications and to promote businesses in Dublin; and WHEREAS, Staff has identified proposed amendments to the Dublin Zoning Ordinance to modify the permit and parking requirements for Large Family Day Care Homes (up to 14 children) in order to streamline the application process for this type of use. The amendments include modifications to Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off-Street Parking and Loading) and the creation of a new chapter, Chapter 8.66 (Large Family Day Care Homes) (together, the "Zoning Ordinance Amendments"); and WHEREAS, the proposed Zoning Ordinance amendments are set forth in the proposed Ordinance that is attached as Exhibit A to this Resolution; and WHEREAS, pursuant to Section 8.120.OSO.B of the Dublin Municipal Code, the Planning Commission finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable Specific Plans; and WHEREAS, the project has been found to be exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3) because the proposed Zoning Ordinance Amendments do not have the potential for causing a significant effect on the environment; and WHEREAS, the proposed amendments for Large Family Day Care Homes would be contingent upon City Council approval of the proposed amendments for Indoor Recreational Facilities which would create a Minor Use Permit process by which Large Family Day Care Homes would be subject to; and WHEREAS, the Planning Commission did hold a public hearing on the proposed Zoning Ordinance amendments on November 10, 2009, for which proper notice was given in accordance with California State Law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend City Council approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the Planning Commission at its November 10, 2009, meeting did hear and use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. ATTACHMENT 5 ~ 5 ~ 3`i NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council approve the proposed Zoning Ordinance Amendments as described in Exhibit A to this Resolution. PASSED, APPROVED AND ADOPTED this 10`h day of November 2009 by the following votes: AYES: Wehrenberg, Brown, Schaub, King and Swalwell NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Planning Manager 2 of 2 DRAFT DRAFT _ `~~-3~ ,~~ -~-'" ~~~~ Plannin Commission Minutes ~. ~. ~~: g _ Tuesday, November 10, 2009 CALL TO ORDER/ROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, November 10, 2009, in the City Council Chambers located at 100 Civic Plaza. Chair Wehrenberg called the meeting to order at 7:02 p.m. Present: Chair Wehrenberg; Vice Chair King; Commissioners Schaub, Brown, and Swalwell; Jeff Baker, Planning Manager; Kit Faubion, City Attorney; Martha Aja, Environmental Specialist; Mike Porto, Consulting Planner; Mamie Waffle, Senior Planner; and Debra LeClair, Recording Secretary. Absent: None ADDITIONS OR REVISIONS TO THE AGENDA -NONE MINUTES OF PREVIOUS MEETINGS - On a motion by Cm. Swalwell, seconded by Cm. Schaub the minutes of the October 13, 2009 meeting were approved with modifications. ORAL COMMUNICATIONS -NONE CONSENT CALENDAR -NONE WRITTEN COMMUNICATIONS -NONE PUBLIC HEARINGS - PA 06-031 Site Development Review for East Bay Regional Park District Trailhea 'ntenance Staging Area, including Restroom Facilities on a 1.9-acre sites ed by Mike Porto, Consulting r presented the project as outlined ' e Staff Report. Cm. Schaub asked if the horse trailers ark in t avel area. Mr. Porto answered yes; the gravel hor ailer par ea was a requirement. Cm. Schaub was concer out not continuing the stone aro the back of the restroom building. He felt t ter time the stucco would be damaged. Cm.sked Mr. Porto to point out on the map/slide where the trail connects to Planning Commission November 10, 2009 ~gularMeeting 179 ATTACHMENT 6 DRAFT DRAFT 8.3 ZOA 09-003: Zoning Ordinance Amendments -Amendments to the Dublin Municipal Code related to Large Family Day Care Homes including modifications to Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off-Street Parking and Loading) and the creation of a new chapter, Chapter 8.66 (Large Family Day Care Homes). ~~ ~~ Marnie Waffle, Senior Planner presented the project as outlined in the Staff Report. Cm. Schaub asked if the City requires the Applicant to enclose a view fence in the back of a particular large family day care home. ' Mr. Baker responded that the Ordinance is written that as long as the area is screened from public view it meets the requirements. Cm. Schaub stated the City could not force the Applicant to do something the Fire Department would not allow. Chair Wehrenberg mentioned that if there is a view fence there could be a requirement that the view cannot be blocked. Cm. Schaub asked Ms. Waffle to explain the appeal process for the new large family day care Ordinance. He felt that these applications will most likely be appealed to the Planning Commission. He also asked who pays for the appeal and the Staff time. He was concerned that this new process would end up costing the City more when trying to streamline the process. Ms. Waffle explained that in researching the Ordinance change Staff reviewed the history of large family day care applications and found that only one was appealed to the City Council. She continued that with most of the applications the neighbors had concerns regarding traffic, parking and noise but ultimately the Planning Commission has approved the applications. She stated there was only one situation where the applicant was denied by the Planning Commission and appealed the decision to the City Council. Cm. Schaub did not recall denying an application. Chair Wehrenberg remembered one application that was denied by the Planning Commission and the Mayor waived the appeal fees and it was appealed to the City Council. Mr. Baker mentioned that Staff reviewed the history and the potential risk of an application being appealed to the Planning Commission and then to the City Council therefore adding an extra appeal. He stated that another alternative is the procedure that Livermore uses. He stated that because of the lack of appeals for this type of project, the Planning Commission could consider reviewing day cares approved at the Staff level as a ministerial action which is not appealable which would take out the process of appeals. Cm. Schaub suggested that the appeal go directly to the City Council because if the application meets the MUP standards it is not a planning issue. Manning Commission November 10, 2009 ~gular 9bteeting 191 DRAFT DRAFT Chair Wehrenberg suggested making it mandatory for the Applicant to hold a neighborhood meeting and work out issues one-on-one before the application can be approved. She stated that at present a neighborhood meeting is recommended but she felt it should be a Condition of Approval. ~ ~~~ ~ ~1 Cm. Schaub agreed and felt that the appeals would be just dumped on the City Council. Cm. King felt it was important to give the community an opportunity to speak out. He continued that even though the Commission has approved almost every application only one had been appealed. He feels that having a large family day care home in the middle of a residential neighborhood is not the best use of land. Cm. Schaub stated that nobody has ever complained about day care homes in residential areas. Chair Wehrenberg asked Ms. Waffle how this project is similar to the Indoor Recreation Zoning Ordinance and would apply to existing Planned Development Zoning. Ms. Waffle answered the Minor Use Permit process that was created in conjunction with the Indoor Recreation Facility amendments would be the same for Large Family Day Care Homes. Mr. Baker added that there are two significant differences and both are attempts to streamline the application review process: 1) Indoor Recreation allows zoning clearance at Staff level if the application meets the development standards whereas in this Ordinance there is both. a CUP and MUP; 2) this Ordinance applies to all existing PD's but the Indoor Recreation Ordinance does not apply to existing PD's. He mentioned that the Planning Commission could recommend to the City Council that they include existing PD's in the Indoor Recreation Facility Ordinance so that the new Ordinance would apply to all existing PD's. Cm. Brown stated he would like to see all of the Minor Use Permits not only apply to the large family day cares but also include community care homes for assisted living which is also approved by the State of California under the same licensing. He mentioned that most have 5-6 residents living in the home. He felt that all of the concerns regarding a large family day care home would be the same when considering the application. He felt that Staff should review all of the types of businesses that are similar in residential areas and include them in the process. Ms. Waffle answered that the reason Staff selected the Large Family Day Care Home is because there has been the most activity with them. She stated that the small family day care homes and the community care facilities that have 8 or fewer children or individuals do not have to go through any process with the city. They are considered a residential use and must only obtain a State license. She continued that there has been an increase in the number of Conditional Use Permit applications for large family day cares and felt this would be a good candidate for the Minor Use Permit process. She stated that there are the same issues with each application. She also noted that most of the applications are from small day cares that are successful and want to grow. She felt that this new ordinance would help streamline the process. 1~'lanning Commission ~ November 10, 2009 1~gular Meeting 192 DRAFT DRAFT Cm. Brown asked if the assisted living facilities with up to 8 residents do not require approval from the City. Ms. Waffle answered correct. ~~~ ~~ ~~ Cm. Brown asked if more than 8 residents would. Ms. Waffle answered correct. Cm. Brown mentioned a development with secondary units for rent. He felt that with the population aging there will be more businesses to come from that type of service and it should be included in the streamlining process. He stated that he supports business and streamlining the process. Mr. Baker stated that the code states that the community care home is permitted by right with 6 or less residents. If the applicant wanted to have more than 6 residents they would have to apply for a Conditional Use Permit through the Planning Commission. He felt that the Large Family Day Care Home Ordinance does not transfer directly to a community care home because of the 24/ 7 operation, but he stated that Staff could review and try to develop standards and a more efficient process. Cm. Brown mentioned on Page 8 of the Staff Report, Item D -Outdoor Play Activities - he was concerned about the "after 6:OOp.m." time. He felt it was not safe to have children playing outside in the dark. Cm. Schaub suggested changing the time to read "6:OOpm or sunset." Mr Baker noted that this standard was pulled from Conditions of Approval from previous large family day care homes that were approved by the Planning Commission in the past and have allowed children to be outside until 6:OOp.m. and they are required to be within a fenced yard area. Cm. Brown mentioned that he did not see any condition requiring lighting when it is dark outside which is a safety issue. Cm. Schaub stated that the Planning Commission does not review licensing requirements. Cm. Brown liked the "6:OOpm or sunset" suggested by Cm. Schaub. Chair Wehrenberg commented that it's common sense and the Planning Commission does not get into the technical points of the Conditions of Approval. Cm. Brown asked why the minimum separation of 300 ft and 500 ft is adequate. He felt that in a cul-de-sac there could be another large family day care home across the street. Planning Commission November 10, 2009 ~gular 9~teeting 193 DRAFT ~,~ ~ ~1 DRAFT Ms. Waffle stated that Staff looked at existing conditions throughout the City for parking or trip generation and addressing that concern. She stated that Staff looked at the depth of a cul-de-sac and found that if Staff applied the 300ft separation there is a limited number of homes that would be exposed to more traffic and less on-street parking would be available. She continued that at 500 ft would be outside of the cul-de-sac therefore limiting the cul-de-sac to one large family day care home. She stated that on a regular street 300 ft seemed more than sufficient for adequate parking spaces for loading and unloading children. Cm. King stated the cul-de-sacs within Dublin currently are all within the 500ft diameter. Cm. Schaub stated that if the limit is 500 ft no more than one day care would be allowed on any one cul-de-sac. Chair Wehrenberg opened public hearing and having no speakers closed the public hearing. Chair Wehrenberg stated she would support adding the word "sunset" suggested by Cm. Brown s concern regarding the safety of the Outdoor Play Activities time. She felt that any unsafe situation would be handled through the State license. She did not feel they need to make the change but would agree if the rest of the Commission felt it necessary. She also felt the 300 ft separation makes sense. Cm. Brown was concerned about the City's liability if a parent brought suit if child was hurt while playing outside in the dark. Ms. Faubion responded they could raise the issue but did not feel it would get very far. She continued that the restriction on time is primarily related to noise; safety is regulated through the State licensure. Chair Wehrenberg suggested adding a mandatory neighborhood meeting for the large family day care home applications. She felt that would make it easier on Staff and would streamline the process. Cm. Schaub did not agree. He felt it would make it harder on the Applicant and Staff. Chair Wehrenberg agreed it could be contentious and then it would be the opposite of the idea of streamlining. She stated that she would like to see neighbors' concerns vetted out before they are brought to the Planning Commission. Mr. Baker suggested a handout for Large Family Day Care Homes and encourage the community outreach to potential Applicants. Cm. Brown agreed that was a good suggestion. Chair Wehrenberg asked the Commission if they wanted to include existing PD's in the Indoor Recreation Facility. Manning Commission November 10, 2009 ~guCar 9Keeting 194 DRAFT ~ ` ~~" ~~ DRAFT Mr. Baker stated the Commission reviewed the Indoor Recreation Facility Ordinance changes and recommended them to the City Council but one piece that was not included was applying those standards to the existing PD's. The new regulations would only apply to the all new PD's. Cm. Schaub asked why existing PD's were not included in the Indoor Recreation Facility Ordinance but was included in the Large Family Day Care Home Ordinance. Mr. Baker answered that Staff recognized that it would be useful in this ordinance and also could be useful in the Indoor Recreation Facility Ordinance. Chair Wehrenberg asked how the Commission would address that. Mr. Baker stated that the Commission could include language in their recommendation to the City Council to address applying the proposed Indoor Recreation Facility Ordinance procedures to existing Planned Development Zoning Districts. Cm. King agreed there is a need in the community to streamline the process but he feels that a citizen should not be denied the right to speak their concerns. He felt that it is different than a commercial area that wants to add a day care center where there could be safety issues. But in a residential district it should be the homeowner's right to be notified and given the opportunity to speak. Chair Wehrenberg asked if there is the potential that an application could be problematic would the Planning Manager/Community Development Director have the ability.to refer the project to the Planning Commission. Mr. Baker answered that the Ordinance does allow the Community Development Director to refer items to the Planning Commission. Ms. Waffle stated that the MUP chapter refers to permit procedures which do have provisions for referral at any point in the process. Cm. Schaub asked who pays for an appeal. Ms. Waffle answered the appellant pays the $175 fee. Mr. Baker added that the City Council adopts fees for various actions and included in that is the fee for any sort of appeal which is $175. Cm. Swalwell stated there is a fee waiver for individuals who show need. Cm. Schaub mentioned that the mayor can waive the fee also. Cm. King felt that if anyone within the neighborhood wanted to appeal the decision to the Planning Commission they should not be required to pay the fee. ~'lanning Commission November 10, 2009 [~gular 94teeting 195 DRAFT Cm. Schaub feels that the best process Commission and not the City Council. DRAFT is to bring the appeals directly to the Planning ~a °~' ~~ Cm. Schaub stated that as the Ordinance is written now if the application meets all the criteria for the Minor Use Permit it goes to the Community Development Director who approves the application or not. If it is approved, the decision would be final unless someone files an appeal and pays the fee. It would then be put on the Planning Commission Agenda and the Commission would approve the application or not. The next step would be the City Council where they would have to pay the fee again. Ms. Waffle answered that is correct. Cm. Schaub was in support of the ordinance and felt that the 6:OOpm outdoor play was appropriate. Cm. Brown accepted the City attorney's answer regarding the outdoor play time. Ms. Waffle stated that the community care facility category includes more than assisted living. Cm. Schaub felt that there was not enough discussion to include community care facilities which would be a 24-hour facility as opposed to a day care facility. Cm. Brown agreed and supported not adopting the language for assisted living and understands the difference between assisted living and skilled care. He stated that "assisted living' are people who can self motivate and usually have no limitations on daily activities. There was a discussion regarding the difference between "assisted living' and "skilled nursing facility" and their licensing and requirements. Chair Wehrenberg felt that the City would not see application such as assisted living. Cm. Brown disagreed and stated that he has visited such a home in Redwood City where a home with six bedrooms has residents living there. Cm. Schaub commented that would be a small community care home which would not come to the City for approval. Cm. King was not in support of the project because he felt that it was depriving the citizens of their opportunity to appeal the decision. Ms. Waffle stated that this is a discretionary permit and a noticed is sent out 10 days prior to the action where comments are received and would be taken into consideration when the CDD makes their decision, but once the decision is made they would have to appeal it in order to have a public hearing. ~1'lanning Commission November 10, 2009 ~gular Meeting 196 DRAFT DRAFT There was a discussion regarding the fees for an appeal and if they could be waived for Planning Commission but not for the City Council. ~ ^~, ~ -~ On a motion by Cm. Schaub and seconded by Cm. Brown, on a vote of 5-0, the Planning Commission approved, with the addition to recommend that they reduce the appeal fee from the CDD level to the Planning Commission level and add the existing PD component to the Indoor Recreation Facility MUP Ordinance that was approved on October 13, 2009: RESOLUTION N0.09 - 47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENTS TO CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES) AND CHAPTER 8.76 (OFF-STREET PARKING AND LOADING) AND THE CREATION OF CHAPTER 8.66 (LARGE FAMILY DAY CARE HOMES) ZOA 09-003 NEW OR UNFINISHED BUSINESS -NONE OTHER BUSINESS - 10.1 Informed Planning Commission regarding the two Study Sessions: 1) November 16, 2009, 6:OOpm in the Council Chambers for the East County Hall of Justice; and 2) November 17, 2009 at 6:OOpm for the DDSP, dinner will be served on Tuesday before the CC meeting. Chair Wehrenberg will not be in attendance at either meeting. ADTOURNMENT -The meeting was adjourned at 9:29 p.m. Respectfully submitted, Doreen Wehrenberg Chair Planning Commission ATTEST: Jeff Baker Planning Manager G: ~ MINUTES ~ 2009 ~ PLANNING COMMISSION ~ 11.10.09.doc Planning Commission November 10, 2009 ~guCarMeeting 197 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: LARGE FAMILY DAY CARE HOMES MINOR USE PERMIT, LARGE FAMILY DAY CARE HOMES MINOR AMENDMENT TO A MINOR USE PERMIT, AND LARGE FAMILY DAY CARE HOMES MAJOR AMENDMENT TO A MINOR USE PERMIT (ZOA 09-003) WHEREAS, the City Council has adopted amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) amending Chapter 8.12 (Zoning Districts and Permitted Uses of Land) and Chapter 8.76 (Off-Street Parking and Loading) as it relates to Large Family Day Care Homes and has adopted the new Chapter 8.66 (Large Family Day Care Homes); and WHEREAS, together, these amendments establish a process for reviewing applications for Large Family Day Care Homes within the jurisdictional limits of the City of Dublin via a 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 Large Family Day Care Home Minor Use Permit, a Large Family Day Care Home Minor Amendment to a Minor Use Permit, or a Large Family Day Care Home Major Amendment to a Minor Use Permit; and WHEREAS, a Staff Report was submitted outlining the staff time estimated in processing these types of applications and recommending subsidized fees as follows: $100 for a Large Family Day Care Home Minor Use Permit; $25 for a Large Family Day Care Home Minor Amendment to a Minor Use Permit; and, $100 for a Large Family Day Care Home Major Amendment to a Minor Use Permit; and WHEREAS, the City Council held a properly noticed public hearing on said fees on December 1, 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: Large Family Day Care Home Minor Use Permit - $100 Large Family Day Care Home Minor Amendment to a Minor Use Permit - $25 Large Family Day Care Home Major Amendment to a Minor Use Permit - $100 ATTACHMENT 7 ~ J ~- ~`1 PASSED, APPROVED AND ADOPTED this 1St day of December, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor 2of2 DRAFT: ADOPTED NOVEMBER 17, 2009 Recreational Facilities (Indoor) EFFECTIVE DECEMBER 18, 2009 Chapter 8.70 CHAPTER 8.70 Recreational Facilities (Indoor) °2~ ~ ~ ~ 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 other applicable 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. City of Dublin Zoning Ordinance 70-1 November 2009 ATTACHMENT 8 a1 a~- ~~ DRAFT: ADOPTED NOVEMBER 17, 2009 Recreational Facilities (ndoor) EFFECTIVE DECEMBER 18, 2009 Chapter 8.70 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 8.70.030 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). City of Dublin Zoning Ordinance 70-2 November 2009 Recreational Facilities (Indoor) Chapter 8.70 CHAPTER 8.70 Recreational Facilities (Indoor) ~-~ °~J~ 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 other applicable provisions of the City Code or regulations, including occupancy, accessibility, California Building Code, and Fire Code requirements. A. Permitted in the C-1. C-2. M-P. M-1. M-2. and certain Planned Development Zonin Districts. An Indoor Recreation Facility may be established only in the C-1, C-2, M-P, M-1, and M-2 Zoning Districts. An Indoor Recreation Facility may also be established in a Planned Development (PD) Zoning District if not specifically prohibited by the PD regulations and if the project site has an underlying Commercial or Industrial General Plan Land Use designation. Any PD regulations which require a Conditional Use Permit for an Indoor Recreation Facility shall be superseded by this Chapter. Any Indoor Recreation Facility in a PD Zoning; District, unless specificallyprohibited or expresslypermitted by right, shall be subject to the requirements of this Chapter. City of Dublin Zoning Ordinance 70-1 November 2009 ATTACHMENT 9 Recreational Facilities (Indoor) Chapter 8.270 8.70.040 Permitting Procedures. ~ ~ °~ 3~ 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. 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 8.70.030 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). City of Dublin Zoning Ordinance 70-2 November 2009 ORDINANCE NO. xx - 09 ~ ~ ~~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING ZONING ORDINANCE CHAPTER 8.70 (RECREATIONAL FACILITIES (INDOOR)) RELATING TO PLANNED DEVELOPMENT ZONING DISTRICTS ZOA 09-002 WHEREAS, at the request of the City Council, Staff has been reviewing the Zoning Ordinance for ways to streamline the entitlement process for development applications and to promote businesses in Dublin; and WHEREAS, on November 3, 2009 and November 17, 2009, Staff presented to the City Council a series of proposed amendments to the Dublin Zoning Ordinance to modify the permit and parking requirements for Indoor Recreational Facilities in order to streamline the application process for these types of uses. The amendments include modifications to Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.76 (Off Street Parking and Loading), Chapter 8.116 (Zoning Clearance), and Chapter 8.132 (Notice and Hearing). Amendments also include the creation of two new Chapters: Chapter 8.70 (Recreational Facilities (Indoor)) and Chapter 8.102 (Minor Use Permit); and WHEREAS, a properly noticed public hearing was held by the City Council on November 3, 2009 and November 17, 2009 and Ordinance No. xx-09 was approved by the City Council on November 17, 2009; and WHEREAS, at a Planning Commission meeting held on November 10, 2009 where the Planning Commission was reviewing proposed Zoning Ordinance amendments related to Large Family Daycare Homes, the request was made by the Planning Commission to ensure that the recently-approved Indoor Recreational Facility Zoning Ordinance amendments also included similar provisions to allow the use in Planned Development Zoning Districts; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Zoning Ordinance Amendments; and WHEREAS, pursuant to section 8.120.050.6 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: Section 1: Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this Ordinance is exempt from CEQA per CEQA Guidelines Section 15601(b)(3). Section 15601(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. Adoption of this Ordinance is exempt from CEQA because A tt~~hmPnt l n 31 ~~ 3l it can be seen with certainty that there is no possibility that the amendments to Title 8 (Zoning Ordinance) of the Dublin Municipal Code may have a significant effect on the environment. The proposed Ordinance does not allow any new uses, but rather simplifies the permitting process for an already permitted use, and brings the parking requirements and other regulations for Indoor Recreational Facilities more in line with those of neighboring jurisdictions. Section 2: Chapter 8.70 (Recreational Facility (Indoor)) of Title 8 of the Dublin Municipal Code is amended to include new section 8.070.030.A to read as follows (new text underlined): 8.70.030 Development Standards and Regulations. An Indoor Recreation Facility shall comply with all development standards and regulations for the zoning district in which it is located and any applicable other provisions of the City Code or regulations, including occupancy, accessibility, California Building Code, and Fire Code requirements. A. Permitted in the C-1, C-2, M-P, M-1, M-2, and certain Planned Development Zoning Districts. An Indoor Recreation Facility may be established only in the C-1, C-2, M-P, M-1, and M-2 Zoning Districts. An Indoor Recreation Facility may also be established in a Planned Development (PD) Zoning District if not specifically prohibited by the PD regulations and if the project site has an underlying Commercial or Industrial General Plan Land Use designation. Any PD regulations which require a Conditional Use Permit for an Indoor Recreation Facility shall be superseded by this Chapter. Any Indoor Recreation Facility in a PD Zoning District, unless specifically prohibited or expressly permitted by right, shall be subiect to the requirements of this Chapter. Section 3: Severability. In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Section 4: Savings Clause. All code provisions, ordinances, and parts of ordinances in conflict with the provisions of this chapter are repealed. The provisions of this chapter, insofar as they are substantially the same as existing code provisions relating to the same subject matter shall be construed as restatements and continuations thereof and not as new enactments. With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal. Section 5: This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Page 2 of 3 Government Code of California. 3a ~ 3~ PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this 15th day of December, 2009, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Page 3 of 3 ~~ r ~~ ORDINANCE NO. XX - 09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING ZONING ORDINANCE CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES) AND CHAPTER 8.76 (OFF-STREET PARKING AND LOADING) AND THE CREATION OF CHAPTER 8.66 (LARGE FAMILY DAY CARE HOMES) ZOA 09-003 WHEREAS, at the request of the City Council, Staff has been reviewing the Zoning Ordinance for ways to streamline the entitlement process for development applications and to promote businesses in Dublin; and WHEREAS, Staff has identified proposed amendments to the Dublin Zoning Ordinance to modify the permit and parking requirements for Large Family Day Care Homes (up to 14 children) in order to streamline the application process for this type of use. The amendments include modifications to Chapter 8.12 (Zoning Districts and Permitted Uses) and Chapter 8.76 (Off-Street Parking and Loading) and the creation of a new chapter, Chapter 8.66 (Large Family Day Care Homes) (together, the "Zoning Ordinance Amendments"); and WHEREAS, the exact text amendments are shown in Section 2 through Section 4 of this Ordinance; and WHEREAS, the Planning Commission did hold a properly noticed public hearing to consider these amendments on November 10, 2009 and adopted Resolution 09-47 recommending that the City Council approve amendments to Title 8 (Zoning Ordinance) of the Municipal Code; and WHEREAS, a properly noticed public hearing was held by the City Council on December 1, 2009; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Zoning Ordinance Amendments; and WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan; and WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, be it resolved that the City Council of the City of Dublin does ordain as follows: SECTION 1. Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this Ordinance is exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a Page 1 of 5 Attachment 11 ~`I °~ 31 significant effect on the environment. Adoption of this Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the amendments to Title 8 (Zoning Ordinance) of the Dublin Municipal Code may have a significant effect on the environment. The proposed Ordinance does not allow any new uses, but rather simplifies the permitting process for an already permitted use, and brings the parking requirements and other regulations for Large Family Day Care Homes more in line with those of neighboring jurisdictions. In addition, CEQA Guidelines section 15274 explicitly exempts from CEQA the establishment or operation of Large Family Day Care Homes. SECTION 2. Chapter 8.12 (Zoning Districts and Permitted Uses) of the Dublin Municipal Code' is hereby amended to read as follows: (Text to be removed is shown in and text to be added is shown as underlined.) RESIDENTIAL USE TYPES RESIDENTIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Family Day 6./R~ G/R6 6/RC C/RC - - - - - - - Care Home/ MUP/ MUP/ MUP/ MUP/ Large (up to 14 CUP CUP CUP CUP children) (See Cha ter 8.66 SECTION 3. Chapter 8.76.070.A (Off-Street Parking and Loading Regulations) of the Dublin Municipal Code is hereby amended to read as follows: (Text to be removed is shown in effike##reeg# and text to be added is shown as underlined. Only those Sections of the Ordinance which are proposed to be amended are shown.) B. Residential Use Types. Residential Use Types shall provide off-street parking spaces as follows: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Family Day Care Home/ Large 2 in enclosed garage per dwelling, plus 1 space for (up to 14) every employee not residing in the home, plus one loading space for every 4 6 children in the facility; one loading space may occur on-street if within 150-feet of the dwellin SECTION 4. Chapter 8.66 (Large Family Day Care Homes) of the Dublin Municipal Code is hereby added to read as follows: 2 of 5 3~ ~ 31 CHAPTER 8.66 LARGE FAMILY DAY CARE HOMES 8.66.010 Purpose and Intent. The purpose of this Chapter is to provide for the establishment of Large Family Day Care Homes for up to 14 children within a residential home. 8.66.020 Permitting Procedure. A. Any proposed Large Family Day Care Home shall conform to the Development Standards and Regulations contained in this Chapter (Section 8.66.030) and shall be subject to a Minor Use Permit to be reviewed by the Community Development Director as described in Chapter 8.102 (Minor Use Permit). Approval of a Minor Use Permit is a discretionary action that does not require a public hearing (per Section 8.132.040 -Notice and Hearing). The decision of the Community Development Director is appealable in accordance with Chapter 8.136 (Appeals). B. Any proposed Large Family Day Care Home that does not meet the Development Standards and Regulations contained in this Chapter (Section 8.66.030), shall be subject to a Conditional Use Permit to be reviewed by the Planning Commission as described in Chapter 8.100 (Conditional Use Permit). Approval of a Conditional Use Permit is a discretionary action that requires a public hearing (per Section 8.132.020 -Notice and Hearing). The decision of the Planning Commission is appealable in accordance with Chapter 8.136 (Appeals). 8.66.030 Development Standards and Regulations. An application for a Minor Use Permit to establish a Large Family Day Care Home shall comply with the following development standards and regulations: A. Permitted in the A, R-1, R-2, R-M and certain Planned Development Zoning Districts. A Large Family Day Care Home may be established only in the A, R-1, R-2 and R-M Zoning Districts. A Large Family Day Care Home may also be established in a Planned Development (PD) Zoning District if not specifically prohibited by the PD regulations and if the project site has an underlying Agricultural or Residential General Plan Land Use designation. Any PD regulations which require a Conditional Use Permit for Large Family Day Care Homes shall be superseded by this Chapter and any Large Family Day Care Home in a PD Zoning District, unless specifically prohibited, shall be subject to the requirements of this Chapter. B. Parking. The Large Family Day Care Home shall comply with the following parking regulations: 1. The use shall meet the parking requirements contained in Section 8.76.080 of the Off-Street Parking and Loading Regulations. 2. One required loading space may occur on-street in accordance with Section 8.76.080 of the Off-Street Parking and Loading Regulations. Guardians dropping off or picking up children shall first use an available off-street loading space. 3 of 5 3~ ~ ~ _.T 3. At no time shall the Large Family Day Care Home operator's personal vehicles interfere with required loading spaces or employee parking. 4. The operator of the Large Family Day Care Home shall facilitate staggered drop-off and pick-up of children by allowing drop-off and pick-up of children to occur over a minimum 1-hour time period. C. Hours of Operation. Hours of operation for the Large Family Day Care Home shall be no earlier than 7:00 a.m. and no later than 7:00 p.m. Monday through Friday. D. Outdoor Play Activities. Outdoor play activities associated with the Large Family Day Care Home shall not occur earlier than 9:00 a.m. or after 6:00 p.m. E. Outdoor Play Area. The outdoor play areas associated with the Large Family Day Care Home shall be located in the rear and/or side yards of the dwelling and shall be fully enclosed with a 6-foot fence made of materials that provide solid screening from public view. F. Signage. No signage shall be displayed on-site or off-site at any time advertising the Large Family Day Care Home. G. Minimum Separation. A minimum 300-foot separation is required between all Large Family Day Care Homes located on the same street. A Large Family Day Care Home located within a cul-de-sac shall maintain a 500-foot separation from any other Large Family Day Care Home located within the same cul-de-sac. The separation shall be measured from the property lines. H. State of California Licensing. A copy of the State of California child care license shall be submitted to the Community Development Department prior to establishment of the Large Family Day Care Home and shall remain current and valid throughout the life of the Large Family Day Care Home. Business License. The operator of the Large Family Day Care Home shall obtain a City of Dublin Business License prior to establishing the Large Family Day Care Home. The Business License shall remain current and valid throughout the life of the Large Family Day Care Home. J. Compliance with Local Ordinances. The operator of the Large Family Day Care Home shall comply with all applicable City of Dublin Ordinances including but not limited to, Chapter 5.56 (Smoking Pollution Control); Chapter 5.64 (Property Maintenance); and, Chapter 7.32 (Building Security). 8.66.040 Minor Use Permit. A Minor Use Permit shall document the compliance of the Large Family Day Care Home with the above requirements and shall be kept on file in the Community Development Department for the duration of the operation of the Large Family Day Care Home. If it is determined at any time that the Large Family Day Care Home does not meet all of the Development Standards and Regulations in Section 8.66.030, a Conditional Use Permit for the Large Family Day Care Home shall be required. 4 of 5 31 ~- 3~ 8.66.050 Conditional Use Permit. A Large Family Day Care Home that does not meet all of the Development Standards and Regulations contained in this Chapter (Section 8.66.030) shall be subject to the Conditional Use Permit process to be reviewed by the Planning Commission in compliance with Chapter 8.100 (Conditional Use Permit). SECTION 5. Severability. In the event that any section or portion of this Ordinance is determined to be invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 6. 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 7. Effective Date and Posting of Ordinance. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this 15t" day of December 2009, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 5 of 5