HomeMy WebLinkAboutItem 6.4 Amend Muni Code CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: APRTL, 6, 2004
SUBJECT: PUBLIC HEARING: PA 04-004 Amendments to the Dublin Municipal
Code (Zoning Ordinance) - Amendments to Title 8 of the Dublin
Municipal Code, Zoning Ordinance Chapter 8.12, Zoning Districts and
Permitted Uses of Land; and, Chapter 8.108, Temporary Use Permit
regarding Automobile/Vehicle Storage Lots.
Report Prepared By: Marnie R. Waffle, Assistant Planner ~
ATTACHMENTS: 1. Ordinance amending Title 8 of the Dublin Municipal Code, Zoning
Ordinance Chapter 8.12, Zoning Districts and Permitted Uses of
Land; and, Chapter 8.108, Temporary Use Permit.
2. Planning Commission Meeting Minutes of February 24, 2004.
3. Planning Commission Resolution 04-07 recommending approval of
amendments to Title 8 of the Dublin Municipal Code.
4. March 9, 2004 Planning Commission Staff Report, without
attachments.
5. Draft Planning Commission Meeting Minutes of March 9, 2004.
RECOMMENDATION: 1. Open the Public Hearing and receive Staff's presentation.
2. Take testimony from the Public.
,~~ 3. Question Staff and the Public.
4. Close the Public Hearing and deliberate.
5. Waive the reading and introduce the Ordinance (Attachment 1). to
amend Title 8 of the Dublin Municipal Code.
FINANCIAL STATEMENT: N° financial impact.
BACKGROUND:
The Dublin Zoning Ordinance currently regulates Automobile/Vehicle Storage Lots by allowing them to
be established in the C-2, General Commercial and M-l, Light Industrial zoning districts with approval of
a Conditional Use Permit by the Planning Commission.
Recently, it came to Staff's attention through the efforts of zoning enforcement that five
automobile/vehicle storage lots had been established by three of the City's automobile dealerships. These
storage lots were located off-site from the established dealership location and none had obtained a
Conditional Use Permit approval by the Planning Commission. All three automobile dealerships have
COPIES TO:
ITEM NO. ~
since submitted an application for review by City Staff. In the process of reviewing the Conditional Use
Permit applications, Staff noted that in some of the proposed vehicle storage locations the Zoning
Ordinance requirement for fencing created access and circulation conflicts as well as aesthetic issues.
At the December 9, 2003 Planning Commission meeting, Staff proposed an amendment to the Zoning
Ordinance to remove the requirement that an automobile/vehicle storage lot be screened by a 6-foot high
solid wall or fence. The Planning Commission recommended approval of the amendment and Staff took
the recommendation to the City Council on January 6, 2004.
At the January 6, 2004 City Council meeting, the Council approved the Zoning Ordinance amendment
however, they also expressed three primary concerns over the current regulation of automobile/vehicle
storage lots. Those concerns are as follows: 1) setting a precedent in the community that allows vehicle
storage in shopping center parking lots for an unlimited amount of time; 2) the aesthetic impact to the
community when a storage lot is proposed along a major arterial road; and, 3) the potential for land
owners to be less interested in redeveloping their land when it is profitable to use it for vehicle storage.
The Council directed Staff to prepare a subsequent amendment to the Zoning Ordinance to address these
concerns.
The proposed amendments to the Zoning Ordinance include:
· Changing the review and approval process for an automobile/vehicle storage lot in the C-2,
General Commercial Zoning District to a Temporary Use Permit. Under the current regulations,
automobile/vehicle storage lots are subject to a Conditional Use Permit by the Planning
Commission in the C-2, General Commercial zoning district. The amendment proposes to change
this to a Temporary Use Permit process.
· Create a new category under the Temporary Use Permit Chapter for automobile/vehicle storage
lots and establish regulations for such storage lots. Currently, there are no categories for
automobile/vehicle storage lots as temporary uses. The amendment proposes to create a new
category as well as regulations for the temporary storage of automobile/vehicle storage lots in C-2,
General Commercial zoning districts.
ANALYSIS:
The City Council's direction to Staff was to evaluate the current regulation of automobile/vehicle storage
lots and propose an amendment to the Zoning Ordinance to address the three concerns outlined above. In
response to those concerns, Staff is proposing that automobile/vehicle storage lots located in C-2, General
Commercial zoning districts be subject to a Temporary Use Permit rather than a Conditional Use Permit
and that certain regulatory criteria be established to effectively regulate them as temporary land uses. The
new regulations would require that an automobile/vehicle storage lot be located a minimum of 100 feet
from any heavily traveled road and be limited to a maximum of 6 consecutive months (one 3 month
extension could be granted under special circumstances).
A Conditional Use Permit process is used for land uses that are not clearly permitted or prohibited because
of their unique nature. Such uses could only be approved if their effect on the surrounding environment
can be made acceptable through application of conditions of approval. The approval of a Conditional Use
Permit is decided at a public heating before the Zoning Administrator or the Planning Commission.
Certain findings must be made to ensure that the use will not have a negative effect on surrounding uses or
properties. A Temporary Use Permit process is used for temporary land uses that are acceptable because
of their temporary nature. In order for a land use to qualify for a Temporary Use Permit it must meet
certain development standards. These standards ensure that the land use will only be temporary and not
have a negative impact on surrounding uses or properties. The Director of Community Development
approves Temporary Use Permits.
Staff is proposing that automobile/vehicle storage lots located in C-2, General Commercial zoning
districts be subject to a Temporary Use Permit process subject to the following development standards:
· The establishment of an automobile/vehicle storage lot would be limited to a maximum of 6
consecutive months.
· One three-month extension could be granted upon written request, submitted at least 14 calendar
days prior to the expiration of the permit, to the Director of Community Development. The
written request must include a reason for needing an extension other than to simply continue the
land use.
· The storage of vehicles would be limited to those vehicles belonging to an established Dublin
based business.
· The storage lot would not be permitted to be open to the public nor would any sales transactions be
allowed to take place at the storage lot location.
· A Temporary Use Permit granted for an automobile/vehicle storage lot could not be renewed once
it had expired.
· A maximum of one Temporary Use Permit could be granted per location within a single calendar
year. A location would be defined as an address, a parcel, or a shopping center, whichever is
larger, as determined by the Director of Community Development.
~' '·' A Temporary USe Permit would be denied if it was determined that the Automobile/Vehicle
Storage Lot ~voUld eliminate parking required for another use.
· An automobile/vehicle storage lot could not be located within 100 feet of a heavily traveled
roadway.
· The establishment and operation of the use must comply with all standards developed by the
Director of Community Development.
The Temporary Use Permit process is an administrative process subject to review and approval by the
Director of Community Development. If the amendments proposed by Staff are approved,
automobile/vehicle storage lots proposed in C-2, General Commercial zoning districts would be subject to
the Temporary Use Permit process and could no longer be reviewed and approved by way of Conditional
Use Permit. In order for an automobile/vehicle storage lot to be established in the C-2, General
Commercial' zoning district a Temporary Use Permit would have to be approved and the storage lot would
have to meet the development standards listed above.
The proposed development standards are intended to ensure that the storage of automobiles in C-2,
General Commercial zoning districts are for a limited duration of time to assist automobile dealerships
with the occasional storage of excess vehicles. Because C-2, General Commercial zoning districts lay
along arterial streets within the City, a 100-foot setback from heavily traveled roadways would be required
to reduce the potential for adverse visual impacts. Automobile/vehicle storage lots would continue to be a
prohibited use in the C-N, Neighborhood Commercial and C-l, Retail Commercial zoning districts.
The regulation of automobile/vehicle storage lots in M-l, Light Industrial zoning districts are not part of
the proposed amendments and would continue to be regulated by way of Conditional Use Permit by the
Planning Commission. The purpose for not including the M-l, Light Industrial zoning district in this
amendment is that M-1 zoning districts are located in areas that are not highly visible from heavily
traveled streets within the City and their industrial nature makes them a more practical location for long
term vehicle storage.
Planning Commission Action
At the February 24, 2004 Planning Commission meeting, Staff presented the proposed Zoning Ordinance
amendments to the Commission. While deliberating, the Planning Commission expressed some concern
over language that limits Temporary Use Permits to being issued to one location per calendar year
(Attachment 2). The concern was that someone could potentially obtain two consecutive permits (June -
December and January - June). Staff indicated that the language could be clarified to read that one
continuous year was required between permits and removed the reference to a calendar year. The
Planning Commission voted 4-0-1 (1 Commissioner was absent) recommending City Council approval of
an Ordinance, with the modified language, to amend Title 8 of the Dublin Municipal Code, the Zoning
Ordinance (Attachment 3). The Planning Commission asked Staff to return with the amended language
on the length of time for a permit.
On March 9, 2004 Staff brought the modified language to the proposed amendments to Title 8 of the
Dublin Municipal Code back to the Planning Commission as a consent item (Attachment 4 & 5). The
Planning Commission agreed that the modified language was satisfactory.
RECOMMENDATION:
Staff recommends that the City Council Open the Public Heating and receive Staff's presentation; Take
testimony from the Public; Question Staff and the Public; Close the Public Hearing and deliberate; and,
Waive the reading and introduce an Ordinance (Attachment 1) approving Amendments to Title 8 of the
Dublin Municipal Code, Zoning Ordinance Chapter 8.12, Zoning Districts and Permitted Uses of Land;
and, Chapter 8.108, Temporary Use Permit.
ORDINANCE NO. -04
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CHAPTER 8.12, ZONING DISTRICTS AND PERMITTED USES OF LAND; AND,
CHAPTER 8.108, TEMPORARY USE PERMIT RELATING TO AUTOMOBILENEHICLE
STORAGE LOTS OF TITLE 8 OF THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE),
PA 04-004
WHEREAS, the City of Dublin has determined that Chapter 8.12, Zoning Districts and Permitted
Uses of Land; and, Chapter 8.108 Temporary Use Permit, need to be revised to more effectively regulate
the establishment of automobile/vehicle storage lots; and
WHEREAS, the Califomia Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations, require that certain projects be reviewed for environmental
impacts and that environmental documents be prepared; and
WHEREAS, 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 the Dublin Municipal Code (Zoning Ordinance) may have a significant
effect on the environment; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project
on February 24, 2004, and did adopt Resolution 04-07 recommending that the City Council approve
amendments to the Dublin Municipal Code (Zoning Ordinance); and
WHEREAS, a properly noticed public hearing was held by the City Council on March 16, 2004;
and
WHEREAS, a Staff Report was submitted recommending that the City Council approve the
amendments to the Dublin Municipal Code (Zoning Ordinance); and
WHEREAS, pursuant t° section 8.120.050.B of the Dublin Municipal Code, the City Council
finds that the amendments to the Dublin Municipal Code (Zoning Ordinance) are consistent with the
Dublin General Plan and all applicable Specific Plans; 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.
.The "Land Use Matrix" contained in Chapter 8.12.050, Permitted and Conditionally Permitted Land Uses
of the Dublin Municipal Code (Zoning Ordinance) is amended to read as follows:
ATTACHMENT
COMMERCIAL USE TYPES
COMMERCIAL A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
USE TYPE
Automobile/Vehicle C-/gC C/PC
Storage Lot TUP
Section 2.
Subdivision B of Section 8.108.020, Uses Permitted With A Temporary Use Permit, of the Dublin
Municipal Code (Zoning Ordinance) is added to read as follows:
8.108.020.B Automobile/Vehicle Storage Lots. An Automobile/Vehicle Storage Lot (as defined in
Section 8.08.020, Definitions) may be permitted as a temporary land use in C-2, General
Commercial zoning districts or comparable PD, Planned Development Zoning Districts,
for a. period not to exceed six consecutive months. The Director of Community
Development or his/her designee may allow for one three-month extension upon written
request, submitted at least 14 calendar days prior to the expiration of the permit. The
written request must include a reason for the extension other than to simply continue the
use. Once a permit has expired, it shall not be renewed. A minimum waiting period of one
(1) continuous year between permits is required. The storage of vehicles shall be limited to
those vehicles belonging to an established Dublin based business. The storage lot shall not
be open to the public nor shall any sales transactions take place at the approved storage lot
location. A maximum of one temporary use permit shall be granted per location. For the
purposes of this subdivision, "location" shall refer to an address, a parcel, or a shopping
center, whichever is larger, as determined by the Director of Community Development. A
temporary use permit shall be denied' if it is determined that the Automobile/Vehicle
Storage Lot would eliminate parking required for another use pursuant to Chapter 8.76 of
this Code. In no case shall an Automobile/Vehicle Storage Lot be established within 100
feet of a heavily traveled roadway. Whether a roadway is heavily traveled shall be
determined by the Director of Community Development. The establishment and operation
of the use must comply with all standards developed by the 'Director of Community
Development..
Section 3. Conforming Amendments.
Chapters 8.12 and 8.108 of the Dublin Municipal Code (Zoning Ordinance) shall be re-numbered and/or
re-lettered as necessary to accommodate and/or reflect the foregoing amendments.
Section 4. Severability.
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof
is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality,
invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions,
clauses, sentences, sections, words or parts thereof of the Ordinance or their applicability to other persons
or circumstances.
Section 5. Effective Date and Posting of Ordinance.
This Ordinance shall take effect and be in force thirty (30) days from and after thc date of its final
adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 39633 of the Government Code of
California."
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
DUBLIN on this 20th day of April 2004, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
?Ianning Commission .Minutes
CALL TO ORDER
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, February
24, 2004, in the Council Chambers located at 100 Civic Plaza. Commissioner Fasulkey called the
meeting to order at6:00 p.m.
ROLL CALL
Present: Commissioners Fasulkey, Nassar, King, and Machtmes; Eddie Peabody, Jr.
Community Development Director; Joni Pattillo, Assistant City Manager; Michael Porto,
Planning Consultant; Janet Harbin, Senior Planner; Andy Byde, Senior Planner; Marnie Waffle,
Assistant Planner; and Maria Carrasco, Recording Secretary.
Absent: Commission Jennings
ADDITIONS OR REVISIONS TO THE AGENDA - None
MINUTES OF PREVIOUS MEETINGS - February 10, 2004 were approved as submitted.
ORAL COMMUNICATION - None
WRITTEN COMMUNICATIONS
7.1 Goals & Objectives
Mr. Peabody presented the Goals & Objectives to the Planning Commission, The City Council
has scheduled the Annual Goals and Objectives Study Session for ~Monday, April 19, 2004 at
5:00 p.m. This Study Session provides the City Council with an opportunity to reach consensus
on the primary direction and allocation of City resources for the upcoming year.
As has been done in past years, the Planning Commission has been asked to provide input on
the preliminary Goals and Objectives for Planning.
The adopted FY 2003-2004 Goals and Objectives included 28 objectives that were assigned to the
Planning function. Of those objectives, 17 objectives were given high priority, seven objectives
were given medium priority and four objectives were given a low priority.
Staff prepared a status report that outlines the level of accomplishment for the 28 objectives
assigned to Planning (Attachment 1). Of the 28 objectives, five are complete or will be complete
by the end of the fiscal year (June 30, 2004), 14 are underway and will be carried over to next
fiscal year and nine have had no progress.
In preparation for the City Council Goals and Objectives Study Session, and in order to have a
dialogue with the City Commissions, the City Council has scheduled a City
Council/Commission Workshop for Saturday March 20, 2004 at 8:00 a.m. The purpose of the
workshop is to provide the Commission with an opportunity to discuss Goals and Objectives
under their purview and the reason(s) for their respective Goals and Objectives rankings with
the City Council. The City Council will take no action until the City Council Goals and
Objectives Study Session.
It is recommended that the Planning Commission receive the staff report, deliberate and
prioritize the Preliminary Goals and Objectives for FY 2004-2005.
The Planning Commission disCussed with Staff prioritizing prOjects related to the Goals &
Objectives for the City.
Mr. Peabody thanked the Planning Commission for their efforts.
Joni Pattillo, Assistant City Manager, stated that during the Saturday, March 20, 2004 meeting
with the City Council, the Planning Commission can ask any questions related to the Goals &
Objectives and Strategic Planning at that time.
PUBLIC HEARINGS
8.1 PA 04-004 Amendments to Title 8 of the Dublin Municipal Code, Zoning Ordinance
Chapter 8.12, Zoning Districts and Permitted Uses of Land; and, Chapter 8.108, Temporary
Use Permit. The proposed amendments would make the establishment of
automobile/vehicle storage lots in C-2, General Commercial zoning districts subject to a
Temporary Use Permit and would establish development review standards for more
effective regulation of automobile/vehicle storage lots.
Cm. Fasulkey opened the Public hearing and asked for the staff report.
Ms. Waffle presented the staff report. The Dublin Zoning Ordinance currently regulates
Automobile/Vehicle Storage Lots by allowing them to be established in the C-2, General
Commercial and M-l, Light Industrial zoning districts with approval of a Conditional Use
Permit by the Planning Commission.
Recently, it came to Staff's attention through the efforts of zoning enforcement that five
automobile/vehicle storage lots had been established by three of the City's automobile
dealerships. In the process of reviewing the Conditional Use Permit applications, Staff noted
that in some of the proposed vehicle storage locations the zOning Ordinance requirement for
fencing created access and circulation conflicts as well as aesthetic issues.
The proposed amendments to the Zoning Ordinance include:
· Changing the review and approval process for an automobile/vehicle storage lot in the C-2,
General Commercial Zoning District to a Temporary Use Permit.
· Create a new category under the Temporary Use Permit Chapter for automobile/vehicle storage
lots and establish regulations for such storage lots
The City Council's direction to Staff was to evaluate the current regulation of
automobile/vehicle storage lots and propose an amendment to the Zoning Ordinance to
address the City Council's concerns as follows: 1) setting a precedent in the community that
allows vehicle storage in shopping center parking lots for an unlimited amount .of time; 2) the
aesthetic impact to the community when a storage lot is proposed along a major arterial road;
and, 3) the potential for land owners to be less interested in redeveloping their land when it is
profitable to use it for vehicle storage. Staff is proposing that automobile/vehicle storage lots
located in C-2, General Commercial zoning districts be subject to a Temporary Use Permit
process subject to the following development standards:
· The establishment of an automobile/vehicle storage lot would be limited to a maximum of 6
consecutive months.
· One three-month extension could be granted upon written request, submitted at least 14 calendar
days prior to the expiration of the permit, to the Director of Community Development. The
written request mUst include a reason for needing an extension other than to simply continue the
land use.
The storage of vehicles would be limited to those vehicles belonging to an established Dublin based
business.
· The storage lot would not be permitted to be open to the public nor would any sales transactions
be allowed to take place at the storage lot location.
· A temporary use permit granted for an automobile/vehicle storage lot could not be renetOed once it
had expired.
· A maximum of one temporary use permit could be granted per location within a single calendar
year. A location would be defined as an address, a parcel, or a shopping center; whichever is
larger, as determined by the Director of Community Development.
· A temporary use permit would be denied if it were determined that the Automobile/Vehicle
Storage Lot would eliminate parking required for another use.
· An automobile/vehicle storage lot could not be located within 100 feet of a heavily traveled
roadway.
· The establishment and operation of the use must comply with all standards developed by the
Director of Community Development.
Staff recommends that the Planning Commission open the Public Hearing and receive Staff's
presentation; Take testimony from the Public; Question Staff and the Public; Close the Public
Hearing and deliberate; and, Adopt a Resolution recommending City Council approval of
Amendments to Title 8 of the Dublin Municipal Code, Zoning Ordinance Chapter 8.12, Zoning
Districts and Permitted Uses of Land; and, Chapter 8.108, Temporary Use Permit.
Ms. Waffle stated that City Staff received a letter from Guidotti and Lee, Attorneys at Law,
opposing the Zoning Ordinance Amendment. She concluded her presentation and was.
available for questions.
Cm. Fasulkey closed the public hearing to deliberate.
Cm. King stated that the permit, once expired, could not be renewed but the wording states one
permit can be issued each calendar year. He asked for clarification on the wording.
Ms. Waffle stated Staff can change the language but as it is currently proposed, it is one permit
per calendar year.
Cm. Fasulkey asked if a temporary permit pass with title or not pass with title if the property
sells.
Mr. Peabody explained it is good for the length of the permit.
Cm. Fasulkey asked if anyone from the audience wished to speak on the subject; hearing none
he closed the public hearing.
Cm. King had concerns about the wording on the length of time for the permit.
Ms. Waffle stated language could be added stating a new permit could not be applied for until
one continuous year had passed. They get one six-month permit per calendar year and it cannot
be renewed.
Cm. King stated that would accomplish the objective.
The Planning Commission asked Staff to return with the amended language on the length of
time for the permit.
Cm. Nassar asked Staff their opinion on the letter received opposing the amendment.
Ms. Waffle stated that Mr. Guidotti's concerns are related to Crown Chevrolet currently storing
vehicles off site adjacent to Mr. Guidotti's property.
On a motion by Cm. King seconded by Cm. Machtmes with the amended language by a vote 4-
0-1 with Cm. Jennings absent, the Planning Commission approved
RESOLUTION NO. 04 - 07
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF PA 04-004, AMENDMENTS TO
TITLE 8 OF THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE), CHAPTER 8.12,
ZONING DISTRICTS AND PERMITTED USES OF LAND; AND, CHAPTER 8.108,
TEMPORARY USE PERMIT REGARDING AUTOMOBILE/VEHICLE STORAGE LOTS
RESOLUTION NO. 04 - 07
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF PA 04-004, AMENDMENTS TO
TITLE 8 OF THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE), CHAPTER 8.12,
ZONING DISTRICTS AND PERMITTED USES OF LAND; AND, CHAPTER 8.108,
TEMPORARY USE PERMIT REGARDING AUTOMOBILE/VEHICLE STORAGE LOTS
WHEREAS, the comprehensive revision to Title 8 of the Dublin Municipal Code (Zoning
Ordinance) (Ord. 20-97) was adopted by the City Council on September 2, 1997; and
WHEREAS, amendments to the Zoning Ordinance have been adopted since 1997 in order to
effectively regulate development within the City; and
WHEREAS, Chapter 8.12, Zoning Districts and Permitted Uses of Land; and, Chapter 8.108
Temporary Use Permit, are being revised to more effectively regulate the establishment of
automobile/vehicle storage lots; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations require that certain projects be reviewed for environmental
impacts and that environmental documents be prepared; and
WHEREAS, the project has been found to be Exempt from the California Environmental Quality
Act (CEQA), according to Section 1506!(b)(3) because it can be seen with certainty that there is no
possibility that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) may have a
significant effect on the environment; and
WHEREAS, the Planning Commission did hold a public hearing on said amendments to Title 8 of
the Dublin Municipal Code (Zoning Ordinance) on February 24, 2004, 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 amendments to Title 8 of the Dublin Municipal Code (Zoning
Ordinance); and
WltEREAS, the Planning Commission at its February 24, 2004, meeting did hear and use its
independent judgment and considered all said reports, recommendations, and testimony hereinabove set
forth.
NOW, THEREFORE, BE IT RESOLVED THAT, the Dublin Planning Commission does
hereby find that, the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) Chapter
8.12, Definitions; Chapter 8.108, Temporary Use Permit do not represent changes that may have a
significant effect on the environment (CEQA, Section 15061(b)(3)); the amendments are consistent with
the General Plan and all applicable Specific Plans; and, recommends that the City Council amend said
ATTACHMENT
chapters of Title 8 of the Dublin Municipal Code (Zoning Ordinance) as shown in Attachment 2 to the
February 24, 2004, Staff Report for PA 04-004.
PASSED, APPROVED AND ADOPTED this 24th day of February 2004.
AYES: Cm. Fasulkey, Nassar, King, and Machtmes
NOES:
ABSENT: Cm. Jennings
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Community Development Director
2
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: March 9, 2004
SUBJECT: PA 04-004 Amendments to the Dublin Municipal Code (Zoning
Ordinance) - Amendments to Title 8 of the Dublin Municipal Code,
Zoning Ordinance Chapter 8.12, ZOning Districts and Permitted Uses of
Land; and, Chapte~ 8.108, Temporary Use Permii regarding
Automobile/Vehicle Storage Lots.
Report Prepared By: Marnie R. V~affie, Assistant Planner
ATTACHMENTS: 1. Resolution 04-05 recommending City Council approval of
amendments to Title 8 of the Dublin Municipal Code, Zoning
Ordinance Chapter 8.12, Zoning Districts and permitted Uses of
Land; and, Chapter 8.i08, TemPorary Use Permit.
2. Ordinance ameriding Title 8 of the Dublin Municipal Code, Zoning
Ordinance Chapter 8.12, Zoning Districts a~td Permitted Uses of
Land; and, Chapter 8.108,' Temporary Use Permit.
3. Draft Minutes from Planning commission Meeting of February 24,
2004
4. Planning Commission Staff Report dated February 24, 2004
RECOMMENDATION: 1. Review the modified language; and,
2. Direct Staff to take Resolution 04-05 recommending City Council
apPrOval of amendments to Title 8 of the Dublin Municipal Code,
Zoning Ordinance Chapter 8.12, Zoning Districts and Permitted
Uses of Land; and, Chapter 8.108, Temporary Use Permit, with the
modified language, to the City Council.
BACKGROUND:
At the February 24, 2004 Planning Commission meeting Staff presented proposed amendments to Chapter
8.12 Zoning Districts and Permitted Uses of Land and Chapter 8.108 Temporary Use Permit. The
proposed amendments to the Zoning Ordinance included:
· Changing the review and approval process for an automobile/vehicle storage lot in the C-2,
General Commercial Zoning District to a Temporary Use Permit. Under the current regulations,
automobile/vehicle storage lots are subject to a Conditional Use permit by the Planning
Commission in the C-2, General Commercial zoning district. The amendment proposes to change
this to a Temporary Use Permit process.
COPIES TO: In-house distribution
ATTACHMENT
· Create a new category under the Temporary Use Permit Chapter for automobile/vehicle storage
lots and establish' regUlations for StrOh storage lots~ Currently, there are no categories for
automobile/vehicle storage lots as. temporary uses. The amendment proposes to create a new
category as well as regUlations for the temporary storage of automobile/vehicle storage lots in C-2,
General Commercial zoning districts.
After receiving-'Staf~s presentation, the Planning Commission deliberated, on the proposed amendments
and, With modifications to the language, adoPted'Resolution 04,05 rec0~ending City Council approval
of amendments tO Title 8 of the Dublin Municipal Code~ Zoning Ordinance Chapter 8.12, Zoning Districts
and Permitted Uses of Land; and, Chapter 8.108~ TemPoraw Use Permit,
At the request of the Planning CO--ssi0n, Staff has brought th~ modified language back for review prior
to taking the recommendation to the City Council. The modified language reads as follows, with the
changes underlined:
8.108.020.B AutomObileFv'ehicle Storage Lots. An AutomObile/VehiCle Storage Lot (as defined in
Section 8.08.020;. DefinitiOns) may be pe~itted as a temporary land use in C-2, General
Commercial zoning digtriCts or comparable pD, Planned Development Zoning Districts,
for .a period not to exceed six conseCUtive moitths. The Director of Community
Development or his/her designee m~y al.low for one three-month extenSion upon written
requ~s!, submitted at least 1:4 ca!endarl days prior to the expiration of the permit. The
written request must include a reason for Ne extension other than tO simply continue the
use. Once a permit has expired, it ~hall not be renewed. A minimum waiting period of one
(1) continuous year between permits is required. The storage Of vehicles shall be limited to
those vehicles' belonging to ..an estabiished DUblin based business. The storage lot shall not
be open to the PUblic nor slaall any sales transactions take place at the appt0V~d storage lot
location. A maximum of one temp0r~ use permit shall be granted per location. ,-~+~ .~
s~-~ ~"'~ ....... For the p~o~es of this subdivision, "lOcation" shal:I refer to an
address, a par~e!, or a shopping center, Whichever is larger, as determined by the Director
of Community Development. A temporary use permit shall be denied if it is determined
that the Automobile/Vehicle Stgrage Lot Would eliminate parking required for another use
pursuant to Chapter 8.76 of this COde. In no case shall an Automobile/vehicle Storage Lot
be established within 100 feet of a heavily traveled roadway. Whether a roadway is heavily
traveled shall be determined by the Director of Community Development. The
establishment and operation 'of the use must comply with all standards developed by the
Director of Community Development.
RECOMMENDATION:
Staff recommends that the Planning Commission review the modified language; and, direct Staff to take
ReSOlUtion 04-05 recommending City COuncil approval of amendments to Title 8 of the Dublin Municipal
Code, Zoning Ordinance Chapter 8.12, Zoning Districts and Permitted Uses of Land; and, Chapter 8.108,
Temporary Use Permit, with the modified language, to the City Council.
2
Commission .M'i tes
CALL TO ORDER
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, March 9,
2004, in the Council Chambers located at 100 Civic Plaza. Commissioner Fasulkey called the
meeting to order at 7:00 p.m.
ROLL CALL
Present: Commissioners Fasulkey, Nassar, Jennings, King, and Machtmes; Jeri Ram, Planning
Manager; Michael Porto, Planning Consultant; Deborah Ungo McCormick, Planning
Consultant; Janet Harbin, Senior Planner; Marnie Waffle, Assistant Planner; and Maria
Carrasco, Recording Secretary.
ADDITIONS OR REVISIONS TO THE AGENDA - None
MINUTES OF PREVIOUS MEETINGS
February 24, 2004 minutes were approved with modifications requested by Cm. Machtmes. He
stated that he would like to enter into the minutes the reasoning he gave because they are
significant and for the City Council to have the benefit to understand his reasoning.
For the record, regarding the Legacy project, Cm. Machtmes had a concern with the small
amount of retail for the project since the intent of the project is to create a vibrant urban
environment. A key element of such an environment is a significant retail presence.
Regarding the IKEA project, Cm. Machtmes wanted read into the record the following changes:
Cm. Machtmes noted that the Specific Plan states that a cornerstone of the Specific Plan is to
locate employment centers next to public transit, meaning BART. He asked the applicants why
the City should change the Specific Plan and General Plan designation.
Staff had informed him they expect 15% of neighboring office users to use BART, which would
equal about 450 people if the current approved use of a 3,000-employee office development
were maintained. He asked how many people we could expect to use BART to get to IKEA and
asked if there is any data from the Emeryville store that tracks customers using BART.
The projected uses that maximizes the transit center orientation is high density residential.
How will IKEA compliment the existing nearby residential and the high density residential
planned for 600' to the west in the transit village?
He asked if it is the plan to buffer those two sites rather than incorporate them, and how is that
complimentary?
He stated he could not read the sign displayed on the PowerPoint slide, which was taken
· beyond the exit for Hacienda and asked how will the' 99 foot sign signal the driver of the
(~?~mni~5 Comtt,£*sio~ 43
location. It seems drivers will have already passed the exit so it doesn't serve the purpose for
which is intended.
Cm. Machtmes asked if it is the plan to buffer those two sites rather than incorporate them, and
how is that complimentary.
Cm. Machtmes stated he could not read the sign displayed on the PowerPoint slide, which was
taken beyond the exit for Hacienda and asked how will the 99 foot sign signal the driver of the
location. It seems drivers will have already passed the exit so it doesn't serve the purpose it's
intended for.
Cm. Machtmes stated that it would seem to argue that the sign isn't necessary.
Cm. Machtmes stated that the application states the architecture has a European influence. He
asked what about IKEA's 600' long, 70' high blue and yellow building that evokes European
influence.
Cm. Machtmes asked since the City is being asked to change the planned use, is there a reason
to think that the City won't end up with the same situation in the future to accommodate a Wal-
Mart type use in a neighboring parcel.
Cm. Machtmes stated he does not agree with .37 miles being greater than what people are
willing to walk and so doesn't agree with the proposition that the IKEA parcel is not within
walking distance to BART. Comparisons were made to shops in downtown Palo Alto and
Walnut Creek, which have shopping districts much longer and people enjoy the walks. If we
are going to change the designation then we should do it to create the pedestrian oriented,
vibrant environment we all say we want and which Phase 2 acknowledges in a smaller way. He
feels it would be a terrible misuse of a piece of property that is closely related to the BART
station, and that the IKEA portion does not complement existing and planned neighboring
residential.
ORAL COMMUNICATION - None
WRITTEN COMMUNICATIONS
7.1 PA 04-004 Amendments to the Dublin Municipal Code (Zoning Ordinance) -
Amendments to Title 8 of the Dublin Municipal Code, Zoning Ordinance Chapter 8.12,
Zoning Districts and Permitted Uses of Land; and, Chapter 8.108, Temporary Use Permit
regarding Automobile/Vehicle Storage Lots.
Ms. Ram stated that Staff is bringing back the amended language in relation to the Temporary
Use Permits for Vehicle Storage Lots. Ms. Ram asked that the Planning Commission direct Staff
to go forward to City Council or whether there are remaining issues that need to be addressed.
Cm. Fasulkey asked the Planning Commission if there was a consensus on the amended
language.
There was a consensus from the Planning Commission that the language does comply.
PUBLIC HEARINGS
8.1 PA 99-062 - Sybase Corporate Headquarters Facility Site Development Review
Amendment - Perimeter Fence (Continued from February 10, 2004 meeting)
Cm. Fasulkey asked for the staff report.
Michael Porto, Planning Consultant explained that the Planning Commission, at its meeting of
February 10, 2004, reviewed a Staff Report detailing the finer points of a request from Sybase to
construct a decorative fence around the perimeter of their parking lot and to connect it across
the Dublin Boulevard frontage from Building A to the far corner of Building B.
Three relevant issues were identified for the Planning Commission in the Staff Report of
February 10, 2004: aesthetics, perception and precedent. At the public hearing on February 10,
2004 on this item, these issues were discussed. In addition, there was an extended discussion
regarding the security needs of Sybase as well as other methods that were considered to achieve
Sybase's security needs. Following the public hearing, the Planning Commission requested
additional information on other types of security that were considered as part of the initial
application review.
Mr. Porto made a PowerPoint presentation for the Planning Commission.
The Planning Commission options are to approve fencing as submitted, deny fencing or modify
their proposal.
Ernest Piccone, Director of Real Estate and Facilities for Sybase, stated that they have had a lot
of strange and unusual things happen in their parking lot, including unauthorized access,
attempted auto theft, drug use and pan handling. The security staff has always handled the
occurrences without any problems. They have a daycare center authorized for up to 60
children. The data Center, which is the heart of Sybase, has 1,500 computers to serve Sybase
worldwide. The data center is critical to many of their customers such as the IRS, the National
Security Agency, and the State of California. They recently had the president of the Philippines
visit their site. He explained they spent a lot of time with City Staff on the design and tried to
make the fence non-intrusive. It is a million dollar investment but well worth the expenditure.
He thanked the Planning Commission.
Cm. Fasulkey asked about their interaction with the Dublin Police Department.
Mr. Piccone referred that question to Sybase's head of security.
¢~nn~q Cvmmixsior~ 45 5~arc['i 9, 2004