HomeMy WebLinkAbout06-24-1997 PC AgendaPLANNING COMMISSION
Regular Meeting - Dublin Civic Center Tuesday - 7:00 p.m.
100 Civic Plaza, Council Chambers June 24, 1997
1. CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE TO THE FLAG
4. ADDITIONS OR REVISIONS TO THE AGENDA
5. MINUTES OF PREVIOUS MEETINGS - May 27, 1997
ORAL COMMUNICATION - At this time, members of the audience are permitted to address the Planning
Commission on any item(s) of interest to the public; however, no ACTION or DISCUSSION shall take place on any
item which is NOT on the Planning Commission Agenda. The Commission may respond briefly to statements made
or questions posed, or may request Staff to report back at a future meeting concerning the matter. Furthermore, a
member of the Planning Commission may direct Staff to place a matter of business on a future agenda. Any person
may arrange with the Community Development Director (no later than 11:00 a.m., on the Tuesday preceding a regular
meeting) to have an item of concern placed on the agenda for the next regular meeting.
7. WRITTEN COMMUNICATIONS
8. PUBLIC HEARINGS
8.1
PA 97-017 Arcelon Day Spa & Salon Conditional Use Permit approval request to allow
for massage therapy use(massage establishment) as an additional service to the existing
business located at 6902 Village Parkway.
8.2
Capital Improvement Program (1996-2001) Conformance to General Plan (Govt.
Code 65402) Under the terms of Section 65402 of the Government Code, the Planning
Commission of each city or county is required to review any Capital Improvement
Program (CIP) of agencies within that jurisdiction as to conformance with that Agency's
adopted General Plan. This plan has been prepared to translate the need for major
infrastructure improvements as a result of anticipated growth into a five year plan of
improvements.
9. NEW OR UNFINISHED BUSINESS
9.1 Zoning Ordinance Update
10. OTHER BUSINESS (Commission/Staff Informational Only Reports)
11. ADJOURNMENT
(OVER FOR PROCEDURE SUMMARY)
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT for June 24, 1997
PROJECT: PA 97-017,Arcelon Day Spa & Salon CUP —PC--
PREPARED BY: Ralph Kachadourian,Assistant Planner/Zoning Investigator
DESCRIPTION: Request for Conditional Use Permit approval to allow for a massage
therapy use(massage establishment)as an additional service to the
existing business.
RECOMMENDATION: Approve Exhibit B, a Resolution approving the Conditional Use Permit
or give Staff and Applicant direction and continue the matter.
ANALYSIS:
Arcelon Day Spa& Salon is located within the Parkway Plaza center and has been in operation in Dublin
since 1991. In October 1996,the salon expanded is services and relocated into a larger 2,000 square foot
tenant space within the Plaza. The owner of Arcelon is requesting Conditional Use Permit approval to
allow a massage therapy use as an additional service for clients of the day spa and salon.
Section 8-49.2(A)(20), of the Zoning Ordinance states that a massage establishment in the C-2 Zoning
District is a conditional use requiring Planning Commission approval. A massage establishment is
defined in Section 8-21.14.2 of the Zoning Ordinance as any establishment having a fixed place of
business where any person engages in or carries on or permits to be engaged in or carried on any of the
activities described as"massage"defined by Dublin Municipal Code, Chapter 4.20 Massage
Establishments and Services.
The Municipal Code regulations require a massage establishment permit from Dublin Police Services for
the premises where the operation of the massage therapy use is conducted. A massage therapist is also
required to obtain a massage permit from Dublin Police Services prior to conducting any massage
therapy. As a condition of approval of the draft Resolution, Exhibit B,the owner and any employed
massage therapist(s)of the day spa and salon are required to obtain the necessary massage permits from
Dublin Police Services prior to establishment of the massage services use.
As shown by the Floor Plan Layout, Exhibit A,the day spa and salon facility is comprised of a reception
area, salon, manicure and pedicure areas, facial room , lounge and office. A 32 x 60 foot room with
shower will be used as the massage room. Per the Project Written Statement, Attachment 1, massage
services will be provided during normal business hours of the salon which is Tuesday through Saturday
from 10:00 a.m.to 6:00 p.m. The owner proposes to provide one massage therapist at this time with
future plans to provide two therapists for the salon.
Staff has prepared the draft Resolution with specific conditions regarding the massage establishment and
use within the day spa and salon. The use is consistent and compatible with the surrounding mixed
retail, office and service commercial uses. The use, as conditioned, meets the intent and requirements of
the Dublin Zoning Ordinance and will operate in compliance with the provisions of the Dublin Municipal
Code. The massage establishment is an appropriate use for the operation of a full service day spa and
salon.
COPIES TO: Applicant
Property Owner
ITEM NO. . I PA/Address File
Project Planner
PAGE l OF 1
GENERAL INFORMATION:
APPLICANT: Jesse Arceneaux
Arcelon Day Spa& Salon
6902 Village Parkway
Dublin, CA 94568
PROPERTY OWNER: Charlotte Fernandez
Alcosta Associates
6918 Village Parkway
Dublin, CA 94568
LOCATION: 6902 Village Parkway(Parkway Plaza)
EXISTING ZONING: C-2-B-40, General Commercial Combining District
DOWNTOWN SPECIFIC
PLAN DESIGNATION: Zone 10, Village Parkway Mixed Use
ENVIRONMENTAL
REVIEW: This project has been found to be Categorically Exempt from
CEQA under Section 15301, Class 1 of the California
Environmental Quality Act Guidelines. The project consists of a
use within an existing private facility, involving no expansion of
use beyond that previously existing.
ATTACHMENTS:
Exhibit A: Floor Plan Layout of Arcelon
Exhibit B: Draft Resolution approving the Conditional Use Permit
Attachment 1: Project Written Statement
Attachment 2: Location Plan
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PAGE 3._OF..7.......
RESOLUTION NO. 97-0
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 97-017,ARCELON DAY SPA & SALON CONDITIONAL USE PERMIT
WHEREAS, Jesse Arceneaux, owner of Arcelon Day Spa& Salon, filed an application for Conditional
Use Permit approval to allow for a massage therapy use(massage establishment)as an additional service to the
existing business, located at 6902 Village Parkway; and
WHEREAS,the Planning Commission held a public hearing on said Conditional Use Permit application
on June 24, 1997; and
WHEREAS,proper notice of said public hearing was given in all respects as required by law; and
WHEREAS,the application has been reviewed in accordance with the provisions of the California
Environmental Quality Act(CEQA)and was found to be Categorically Exempt under Section 15301, Class 1 of
the State CEQA Guidelines; and
WHEREAS,the Staff Report was submitted recommending that the application be conditionally
approved; and
WHEREAS, the Planning Commission did hear and consider all said reports,recommendations and
testimony hereinabove set forth and used their independent judgment to make a decision.
NOW,THEREFORE,BE IT RESOLVED THAT THE Planning Commission of the City of Dublin
does hereby find that:
A. The proposed massage therapy use will serve the public need by providing an additional service within
the day spa& salon that will enhance the health and well being of its clientele.
B. The proposed massage therapy use will be properly related to other land uses and transportation and
service facilities in the vicinity, as the proposed use will operate within the existing day spa& salon and
will be compatible with the surrounding retail and service commercial uses.
C. The proposed use will not materially adversely affect the health or safety of persons residing or working
in the vicinity, or be materially detrimental to the public welfare or injurious to property or
improvements in the neighborhood, as all applicable regulations and Conditions of Approval will be met.
D. The proposed use will not be contrary to the specific intent clauses or performance standards established
for the District in which it is to be located in that conditions have been applied to ensure conformance
with the applicable zoning and municipal code regulations, and the use is consistent with the character of
the surrounding area.
E. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan and the
Downtown Specific Plan.
BE IT FURTHER RESOLVED THAT THE Planning Commission of the City of Dublin does hereby
conditionally approve PA 97-017, Arcelon Day Spa& Salon Conditional Use Permit application as generally
depicted by the plan labeled Exhibit A, stamped approved and on file with the Dublin Community Development
Department, subject to the following conditions and restrictions:
EXHIBIT C�
PAGE L OF 1
CONDITIONS OF APPROVAL:
Unless stated otherwise,all Conditions of Approval shall be complied with and shall be subject to Community
Development Department review and approval. The following codes represent those departments/agencies
responsible for monitoring compliance of the conditions of approval. [PL] Planning, [B] Building, [PO] Police,
[PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [F] Dougherty Regional Fire
Authority, [DSR] Dublin San Ramon Services District, [CO] Alameda County.
1. This Conditional Use Permit approval is to allow a massage therapy use(massage establishment) within
an existing 2,000 square foot day spa& salon, located at 6902 Village Parkway. The location of the
massage therapy use shall be as shown on the approved Floor Plan Layout, labeled Exhibit A. [PL]
2. Prior to establishing the use,the owner of the day spa& salon and any massage therapist(s)shall obtain
massage permits from Dublin Police Services and shall comply with the massage requirements specified
in Chapter 4.20 of the Dublin Municipal Code. [PO]
3. Prior to establishing the use,the owner of the day spa& salon and the massage therapist(s)shall submit
evidence to the Planning Department that the permits specified in Condition#2 above have been
obtained. [PL, PO]
4. The owner of the day spa& salon shall control all business activity so as not to create a public or private
nuisance to the existing or surrounding businesses. [PO, PL]
5. The massage therapy use shall operate only within the day spa& salon facility in the location shown on
Exhibit A and shall provide services during normal business hours of the day spa& salon. [PO, PL]
6. Expansion,relocation or modification of the massage therapy use within the day spa& salon may be
considered by the Community Development Director, if the expansion,relocation or modifications
comply with Sections 8-94.2 of the Zoning Ordinance. [PL]
7. The massage therapy use shall operate in compliance with the Conditions of Approval of this use permit.
Any violation of the terms or conditions of this permit may be subject to enforcement action. The permit
shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. [PL]
PASSED,APPROVED AND ADOPTED this 24th day of June, 1997.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Community Development Director
- 2 -
PAGE.5,.OF
....... ...
.......„ RCELON
DAY SPA & SALON
Arcelon Day Spa&Salon exist to provide the highest caliber of total Salon service to it's
clientele,encompassing the Hair and Nail care we currently offer,aswell as the proposed
additional service Massage therapy.
Arcelon's business plan provides for hiring one massage therapist initially,with a second
employee to be added to the staff within a year,or as business demands grow.
Massage services will be offered during Arcelon's normal operational hours,
Tues.thru Saturday 10:00 am to 6:00 PM and will be promoted to the existing client base
as expanded salon service.
Arcelon's total well-being concept,stressing inner health aswell as external beauty,offers
Dublin and surrounding communities an oasis where clients can refresh their spirits and
renew their energy.The proven health benefits of massage therapy,provided in Arcelon's
upscale full service salon environment,compares favorably with locations in Danville and
the west bay and will attract a consistently high caliber business to Dublin.
Arcelon's proposed operation in no way presents any disruption to surrounding business
or residents,and in fact, increases the value of this property and all surrounding
properties.
Our goal is to enhance the health and well being of every client and all operations will be
conducted safely and in accordance with all State health requirements.The Location of
Arcelon Day Spa&Salon is an existing commercial area with no hazardous wastes or
substances.
Sincerely,
.ram i T RfA q7 OI1
• se Arceneaux 90
il6h. C1��;9e7 Pk
er 1
ATTACHMENTDUBLIN PLANNING /
PAGE fa_OFL
1 .800•A•R•C•E•L•0•N Fax: 510.803.1119 Tel: 510.803.1245
6902 Village Parkway, Dublin, California 94568
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0g9 ?". ATTACHME$12.
PAGE2 .of
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: June 24, 1997
PROJECT: 1997-98 Update to the 1996-2001 Capital Improvement Program
PREPARED BY: Eddie Peabody, Jr., Community Development Director W
ACREAGE: Entire City
OWNER/APPLICANT: City of Dublin
RECOMMENDATION: 1) Receive presentation from City Manager regarding proposed update to
the 1996-2001 Capital Improvement Program
2)Adopt Resolution of conformity with the City's General Plan
BACKGROUND:
Last year, the City Council adopted a new Five Year Capital Improvement Program(1996-2001)
which outlined the City's capital and infrastructure needs and financing for those needs during the five
year period. Prior to the City Council's adoption of the 1996-2001 Capital Improvement Program
(CIP),the Planning Commission reviewed the projects in the CIP and determined that the CIP was in
conformity with the City's General Plan.
This year, Staff has prepared an annual update to the CIP which proposes some adjustments to the CIP
that was adopted last year. There are several new projects proposed for incorporation into the CIP as
well as revisions to timelines and financing for some of the projects currently included in the CIP.
It would be appropriate for the Planning Commission to consider the Proposed Update as being in
conformance with the General Plan and its objectives.
Staff recommends that the Planning Commission hear the Staff presentation, review the update to the
Capital Improvement Program and adopt the Resolution of conformity with the City's General Plan.
ATTACHMENT 1 -1996-2001 Capital Improvement Plan
ATTACHMENT 2 -Government Code 65402
g:\agendas\96\65402CIP COPIES TO: Internal Distribution
ITEM NO. 8.2
RESOLUTION NO. 97-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN
FINDING THAT THE 1996-2001 CAPITAL IMPROVEMENT PLAN (CIP)
OF THE CITY OF DUBLIN IS CONSISTENT WITH THE
ADOPTED CITY OF DUBLIN GENERAL PLAN
WHEREAS,the City of Dublin has completed an update to the 1996-2001 Capital
Improvement Plan(CIP)outlining major infrastructure improvements; and
WHEREAS, Section 65402 of the Government Code requires that any CIP of agencies within
the jurisdiction of the City of Dublin must be submitted to the Planning Commission for review as to
conformance with the adopted City of Dublin General Plan; and
WHEREAS, this application is exempt from environmental review under State law; and
WHEREAS,the Planning Commission did review and consider the draft document and heard
recommendations at a public meeting on June 24, 1997.
NOW, THEREFORE, BE IT RESOLVED that the Dublin Planning Commission does
hereby find that the draft CIP of the City of Dublin dated June, 1997, complies with the General Plan
as adopted, and said Resolution shall be submitted to the City Council in accordance with the
Government Code.
PASSED,APPROVED AND ADOPTED this 24th day of June, 1997.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Community Development Director
g:agenda\97\6-24cip
., ,• 1,tUUAL, krLANNING .'... 65402
65402 PLANNING AND ZONING Title 7 ,'p L c
•••.-i
If the legislative body so provides, by ordinance or resolution ! the proposed acquisition,disposition,or public building or structure is
r' in conformity with said adopted general plan or part thereof. If the
the provisions of this subdivision shall not apply to: (1) the disposi- i.'.a: planning agency disapproves the location,purpose or extent of such
tion of the remainder of a larger parcel which was acquired and used acquisition,disposition,or the public building or structure,the rlisap-
in part for street purposes; (2) acquisitions, dispositions, or aban- ; -'' proval may be overruled by the local agency.
donments for street widening; or (3) alignment projects, provided , • Local agency as used in this paragraph (c) means an agency of
such dispositions for street purposes, acquisitions, dispositions, or the state for the local performance of governmental or proprietary
abandonments for street widening,or alignment projects are of a mi. functions within limited boundaries. Local agency does not include
nor nature. the state,or county,or a city.
(b) A county shall not acquire real property for any of the pur- (Added by Stats.1965, c. 1880, p. 4341, § 5. Amended by Stats.1967, c.
poses specified in paragraph (a),nor dispose of any real property,nor 1165,p.2850,§1; Stats.1974,c.700,p.1570,§3.)
construct or authorize a public building or structure,in another coun-
ty or within the corporate limits of a city,if such city or other coun-
'''(: historical Note
ty has adopted a general plan or part thereof and such general plan The 1997 amendment tided lost nen- rules nod records. It was iert,rd from
or part thereof is applicable thereto,and a cityshall not acquire real fence of nutnl.(I), former 165172 milled by 81atn.I9,t. c
4 ,, 8:(1 p. G91, I 1; Stnta.l!11i, R1r7, p.
property for any of the purposes specified in paragraph (a),nor dis- ,« The 1971 amendment rewrote the third lain 156, mm wms rrprnird ri,y Sin In.
j'" sentence of subd. (n), which formerly
pose of any real property,nor construct or authorize apublic building - rend: ID00,c.18Ra,n•d35I) g R. see,now. I
• m,s5).
or structure, in another city or in unincorporated territory, if such 'The Provisions of fills pn or nbe, (nl
nhnll not nPph-to negni+itlm,n or nbmmion- Derivation: Fonnrr II 1155a 1, 95552,
other city or the county in which such unincorporated territory is sit- mm,to for street widening or o6gnment added by Stnls.i958.e.138r,,p.2922,12,
uated has adopted a generalplan orpart thereof and such general projeeta of a minor nature if the'raisin- amended by Sint/la55,c.(Oil,p•2972,I
P rive body no Provides by onlinium or res- 38.
plan or part thereof is applicable thereto,until the location,purpose olotion"
and extent of such acquisition,disposition,or such public building or Corner 11)5102,added by Stnts.1983,e.
structure have been submitted to and reported upon by the planning 1355,p.21119, 12. relmcd to commlesimt
agency having jurisdiction,as to conformity with said adopted gener- Forms
al plan or part thereof. Failure of the planning agency to report
within forty (40) days after the matter has been submitted to it shall See West's Cnlifoe,,in Code Forma,Government.
be conclusively deemed a finding that the proposed acquisition,dispo- Cross References
sitlon, or public building or structure is in conformity with said r Eminent domain,see I 15850,aa„sl.art.t,I 1p.('ale or cl,n rrmcl„re I 1230.1110
adopted general plan or part thereof. The provisions of this pars „(„eg.
graph (b) shall not apply to acquisition or abandonment for street •j Local agencies,environmental input rei,,rts,mthnds„inn„„part or grurn,l Plan Preen,
nee 1'nblie Ile entrees Code 12imi.
widening or alignment projects of a minor nature if the legislative v'• +l Procedure for approval or eteetr!cnt transmission or distribution lines,see Iltlie Iltilt-
hotly having the real property within its boundaries so provides by l: Hen Code 12808.
5.
Rode,rimP,,,c„l amides,reporls,PI,n,•,ath mid Safety Gode 1333 s2.
ordinance or resolution. itrg,dnuan of iaenl agem'en by cammea awl elves.pr,einiuus prevnilmg mow thin n„•
limn,see 15309l.
(c) A local agency shall not acquire real property for any of the
purposes specified in paragraph (a) nor dispose of any real property, Law Review Commentaries
nor construct or authorize a public building or structure,in any coun- Duty of private portico to file eniron- Friends of Mammoth: Par popnti or ju-
ty or city,if such county or city has adopted a general plan or part f 'Dents!'Raiment. (1973) 61 C.L.R.apt/. db•Ial serial engineering. (111731 1 Pep-
thereof and such general plan or part thereof is applicable thereto, Estimating scope of envIrama,nnl In,.. I'er'I't'e liter.137.
until the location,purpose and extent of such acquisition,disposition, 1(e,do l'.t(m,e Clan.1973)48 lain Mtge- l•mtd use planning in lh,• nay area.
fen Bar null.RI. (1907)Grr(1.1,m.SIM
or such public building or structure have been submitted to and re-
ported upon by the planning agency having jurisdiction, as to con- Library References
formity with said adopted general plan or part thereof. Failure of ?;,
the planning agency to report within forty(40) days after the matter Eminent
min nttii��en n mn 8.in 1 oz. Words and Ph ruse.(rern,.E,i.)
has been submitted to it shall be conclusively deemed a finding that 607 ATTACHMENT Z
• 606
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT for June 24, 1997
PROJECT: PA 95-027, Zoning Ordinance Revision
PREPARED BY: 13r—Dennis Carrington, Senior Planner/Zoning Administrator
DESCRIPTION: Discussion of Draft Revised Zoning Ordinance sections, and
review of determinations made at May 6, 1997, Joint Planning
Commission/City Council Study Session.
RECOMMENDATION: 1) Staff recommends that the Planning Commission discuss
the proposed Draft Revised Zoning Ordinance and provide
Staff with a"Straw Vote"consensus on any revisions to the
Draft which will then be presented to the Planning
Commission at a Public Hearing on the Ordinance on July
8, 1997.
2) Staff further recommends that the Planning Commission
discuss the determinations that were made at the May 6,
1997, study session and provide staff with a"Straw Vote"
consensus on those determinations for inclusion in the
Draft.
ANALYSIS:
Background
On August 6, 1996, the Planning Commission directed Staff to revise eleven sections of
the Zoning Ordinance (see Attachment 1). At that meeting, the Planning Commission
established the Zoning Ordinance Steering Committee. That committee met with Staff several
times and reviewed and commented on the proposed revisions to determine initial drafts. Those
initial drafts were brought before the Planning Commission for"Straw Vote" consensus review
on September 24, 1996,November 12, 1996,November 26, 1996, and January 14, 1997. The
Planning Commission discussed an Initial Draft of the entire Ordinance and gave Staff a
consensus review on March 11, 1997. A joint Planning Commission/City Council study session
was held on the revised Ordinance on May 6, 1997. Staff has reviewed the input provided by the
Planning Commission and City Council and has prepared a Draft Revised Zoning Ordinance
(Attachment 2).
COPIES TO: PA 95-027 File
ITEM NO. 9. 1
There are two purposes for this meeting. The first is to review the Draft Ordinance with
the Planning Commission and receive comments. The second is to review the determinations
that were made at the May 6th joint Study Session and receive comments. These comments will
then be used to finalize the Draft Ordinance for the public hearing on the Ordinance before the
Planning Commission on July 8, 1997.
A. Draft Ordinance
The Ordinance revision process has taken several months, and was reviewed by several
individuals who are no longer on the Planning Commission. The revised Draft Ordinance
(Attachment 2) is being presented so that all members of the Planning Commission may have the
opportunity to hear a presentation on the document and comment on it. This report follows the
order of the items in the Table of Contents of the Ordinance and is summarized by Article.
Article 1. Title Purpose and Authority
This Article establishes the legal foundation for the Ordinance and establishes the Zoning
Ordinance as the name of Title 8 of the Municipal Code. It requires, for the purposes of the
Ordinance, its consistency with the General Plan, and determines its applicability. It determines
that the Ordinance is administered by the City Council, Planning Commission and Staff and
provides for the interpretation of the Ordinance.
Article 2. Definitions
This Article attempts to clearly define terms that are technical or specialized, or that may
not reflect common usage. Clear and understandable definitions have been prepared to enable
easier implementation of the Ordinance.
Article 3. Zoning Districts and Allowable Uses of Land
This Article establishes the Agricultural, Residential, Commercial, Industrial and Planned
Development zoning districts. It also establishes the Zoning Map, and provides a"Land Use
Matrix". The Land Use Matrix determines which use is permitted, conditionally permitted, or
not permitted in a given zoning district. If conditionally permitted, it determines which body is
the decision-maker authority for the Conditional Use Permit. The Land Use Matrix incorporates
many changes:
1. Elimination of The H-1 (Highway) and R-S (Suburban Residential)zoning districts.
These districts were eliminated because of the advent of Interstates 580 and 680, the more
general use of the C-1, Retail Commercial zoning district, and the use of Planned Development
zoning districts.
2. Making the Ordinance more current. Many uses such as "Abattoir", "Drive In
Theater", and"Flight Strip" are no longer applicable and have been deleted. Many new uses
such as "Commercial Vehicle Storage" and"Bed and Breakfast Ind'have come along that
should be included.
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3. Reflect current law. Many changes were made to definitions and procedures to make
the Ordinance reflect the changes to planning and zoning law that have occurred during the thirty
years since this Ordinance was last comprehensively revised. Examples include day care
facilities, homes for the mentally ill,half-way houses, hazardous wastes, and adult business
establishments.
Article 4. Development Regulations
This Article sets out the detailed regulations regarding land development such as lot area,
lot square footage per dwelling unit, lot frontages, number of dwellings per lot, setbacks, distance
between residences, and height limits. It provides detailed descriptions of the various types of
setbacks and yards and any exceptions. This Article is much more detailed and clearly laid out
compared to the former Ordinance.
Article 5. General Land Use Regulations
This Article includes several"stand alone" sections that were in need of updating or were
not included in the former Ordinance.
1. Accessory Structures and Uses. This chapter determines permitted accessory structures
in zoning districts, such as decks, entry features, greenhouses, guesthouses and gazebos and
provides regulations for their physical development. Accessory uses permitted in zoning
districts are garages, home occupations, rental and sales offices,repair and maintenance of
automobiles, and swimming pools and spas.
2. Adult Business Establishments. This issue was addressed in the former Ordinance, but
did not meet the requirements of current law. Ordinances on this subject must be based on
"narrow, objective, and definite standards". The proposed regulations have been reviewed by the
City Attorney and are consistent with similar Ordinances in other jurisdictions. A Conditional
Use Permit is required for an Adult Business Establishment. The typical findings for a
Conditional Use Permit are too broad for the purposes of regulating Adult Business
Establishments, so location requirements and regulations have been proposed that, if met, would
require approval of the permit.
3. Archaeological Resources Regulations. This issue was not addressed by the former
Ordinance. Regulations have been proposed which require cessation of construction activities in
the event archaeological resources are discovered. Procedures required by the California
Environmental Quality Act(CEQA)would be followed.
4. Density Bonus Regulations. These regulations were adopted in 1991 to provide
residential density bonuses to developers who provide affordable housing to lower income
families and seniors. It is being moved from its own section of the Municipal Code into the
Ordinance because it is so closely related to land use development. No substantive changes are
proposed.
5. Development Agreement Regulations. These regulations relate to contractual
agreements between developers and the City, and are also being moved from their own section of
the Municipal Code to this Ordinance. No substantive changes are proposed.
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6. Hazardous Waste Facilities Location Facilities. These regulations establish the
process for locating hazardous waste facilities, and were adopted by the City Council in 1996.
No substantive changes are proposed.
7. Home Occupations Regulations. The former Ordinance did not adequately address this
issue. New regulations are proposed to require a business license and a zoning clearance to
operate a home occupation. They would also regulate company vehicles, changes in fire
safety/occupancy, students of at-home teachers, vehicular trips, and construction or work
vehicles.
8. Inclusionary Zoning Regulations. These regulations require the provision of at least 5
percent of the housing built by a developer(for developments of 20 or more units)to be
affordable. An In-Lieu Fee may be paid if the developer does not wish to provide the units. This
Ordinance was revised this year and is being included in the Zoning Ordinance. No substantive
changes are proposed.
9. Landscaping and Fencing Regulations. Landscaping was not addressed by the former
Ordinance. Regulations are proposed which set standards for landscaping and fencing. These
regulations have been reviewed by a landscape architect and should enhance the design of
projects and of the City. Fencing regulations have been changed to allow a 2 foot lattice
extension above a typical 6 foot high fence.
10. Off-Street Parking and Loading Regulations. This section has been extensively
revised to establish design criteria for parking areas and more clearly establish parking
requirements. This section also addresses parking of recreational vehicles and parking for the
purposes of repair, dismantling or painting of vehicles in front of residences.
11. Second Units Regulations. These regulations allow"granny quarter" units to be
established in residential areas. This section of the Ordinance has been included from the former
Ordinance without substantive changes.
12. Sign Regulations. These regulations were updated in 1994. Changes include a revised
definition of a Shopping Center. This change would allow signage in shopping centers with
multiple ownerships to avoid be called Off-Site Advertising Signs (which are not permitted) even
if they are not located on the property where the business being advertised is located. The
Administrative Conditional Use Permit is being eliminated from the Ordinance and changes are
proposed to allow certain signage with a Zoning Clearance or Site Development Review instead.
Exceptions are proposed to Wall Sign height to allow a 4 foot by 4 foot sign when the typical
maximum height is 2 1/2 feet to allow businesses to have more flexibility in the types of signage
used.
13. Water Efficient Landscaping Regulations. These regulations were adopted as a
separate Ordinance in 1992 and are intended to insure that water usage in landscaping is
minimized. No substantive changes are proposed.
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Article 6. Permit Procedures
This section of the Ordinance has been extensively revised to more clearly establish
permit procedures. The Administrative Conditional Use Permit has been eliminated to conform
to Planning law and is replaced by a Temporary Use Permit. The Temporary Use Permit will be
used for most of the uses permitted by the Administrative Conditional Use Permit if they meet
clearly established criteria. For example, a carnival will be able to receive an over-the-counter
approval if certain criteria are met and standard conditions of approval are applied.
Article 7. Administration
This section of the Ordinance has been expanded to more clearly address applications,
fees, and deposits; the responsibilities of the Director of Community Development and the
Zoning Administrator; notices and hearing procedures; appeal procedures; non-conforming uses;
and enforcement.
A. Determinations Made at the May 6th Joint Study Session.
1. Parking of recreational vehicles (RV's) in front of residences. A consensus was
reached to limit the number of RV's to one per lot, to prohibit an RV or its accessories from
encroaching to within 1 foot of the public right-of-way, to allow parking in the area between the
driveway and the nearest side lot line if the area is paved and to consider allowing curb cuts. It
was recommended that that the Planning Commission discuss whether or not to regulate the
height of recreational vehicles. After looking at other Ordinances and inspecting recreational
vehicles, Staff recommends that height of RV's not be regulated because it will vary with the
length of the vehicle. Since length is not regulated (only encroachment) Staff believes the height
limitation is not appropriate. The following language is proposed on page 6 of the Off-Street
Parking and Loading regulations:
E. Recreational Vehicle parking in residential areas. One Recreational Vehicle as
defined in this Title may be parked on a driveway, or paved area between the
driveway and the nearest Side Lot Line subject to the following requirements:
1. Parking on a residential lot. The Recreational Vehicle plus any
accessories shall not encroach into one foot of the public right-of-way.
2. Paving. The area between the driveway and the nearest Side Lot Line
used for parking shall be paved with an all-weather surface to the
satisfaction of the Director of Community Development. No more than
50% of a Front Yard shall be paved for parking purposes.
3. Curb Cut. A curb cut may be considered by the Director of Public Works
for a Recreational Vehicle parking space between the driveway and the
nearest property line.
4. Ownership. A Recreational Vehicle parked as required in this Section,
shall be owned by the occupants of the premises upon which it is parked
or stored.
5
5. Parking in Side Yard, Street Side Yard, and Rear Yard. Recreational
Vehicles may be parked in a Side Yard, Street Side Yard, or Rear Yard if
screened by a 6 foot high fence.
2. Parking of motor vehicles in front of residences for repair, dismantling, or painting.
The consensus was to prohibit repair, dismantling or painting if the term"Repair"was better
defined. The following language is proposed on page 7 of the Off-Street Parking and Loading
regulations:
G. Repair, dismantling or painting of parked vehicle. No vehicle shall be parked
in the Front Setback, area in front of a residence but behind the Front Setback,
Street Side Setback in front of a fence, a Side Setback visible from the street, or
driveway for the purpose of repair, dismantling or painting. Repair shall mean
brake repair, engine or transmission repair,the replacement of parts under the
hood of a vehicle (with the exception of fluids, batteries, and filters), and the
replacement of parts under the vehicle.
3. Permit repair of motor vehicles within garages in residential zoning districts as an
accessory use if the vehicle is registered to an occupant of the residence, but prohibit
painting of motor vehicles or the repair or maintenance of tractor trucks. The consensus
was that the repair of motor vehicles within garages in residential zoning districts be allowed as
an accessory use if the vehicle is registered to an occupant of the residence. The painting of
motor vehicles and the repair or maintenance of tractor trailers would be prohibited. The
following language is proposed on page 10 of the Accessory Structures and Uses Regulations:
8. Repair and maintenance of automobiles. The repair and maintenance of
automobiles or other vehicles is permitted if work is being done on a vehicle
registered to the occupant of the premises. Notwithstanding the above, painting
of motorized vehicles, or the repair and maintenance of any tractor trucks or semi-
trucks is prohibited in any residential zoning district. No sound associated with
the repair or maintenance of automobiles shall be audible at the property line.
4. Chain link fencing. The consensus was to adopt the Planning Commission
recommendation. The following language is proposed on page 12 of the Landscaping and
Fencing Regulations:
1. C-2,M-P,M-1 and M-2 zoning districts. Chain link fencing is permitted along
a Side Lot Line if behind the Front Yard setback and along a Rear Lot Line, in the
C-2, M-P, M-1 and M-2 zoning districts, if planted with vegetation of sufficient
density and height to screen the fence from adjacent parcels and public areas. The
vegetation screening the fence shall be maintained in such a manner that the entire
fence is completely opaque. The use of slats instead of vegetation is not
permitted.
2. Conditional Use Permit/other laws or regulations. Chain link fencing may be
permitted pursuant to a Conditional Use Permit, or if required by a law or
regulation of the City,the State, or the Federal Government.
6
3. Construction sites/vacant properties. A 6 foot high chain link fence
(not vinyl coated)may be located around a construction site or vacant property
but shall be removed from locations where not permitted at the time of occupancy.
4. Tennis courts, swimming pools, playgrounds. Chain link fencing may be used
to enclose tennis courts, swimming pools,playgrounds.
5. Distances between single family detached residences. There was no consensus on this
issue. Several members of the City Council want to keep the current setback regulations which
vary the setback with the lot width. For example a 50 foot wide lot requires a 5 foot side yard
setback. A 70 foot wide lot requires a 7 foot side yard setback. They are concerned that a 15
foot distance between residences would drive up the cost of housing and be inflexible. Members
of the Planning Commission propose a 15 foot distance between residences. This distance is
proposed to allow for light and for fire safety. Staff has not modified the Development
Regulations chapter of the Ordinance from the Planning Commission recommendation of 10 feet
between non-inhabitable spaces and 15 feet between inhabitable spaces and any other space.
6. Enforcement. The question of whether enforcement of the provisions of the Zoning
Ordinance and Property Maintenance Ordinance should be on a complaint basis, enforced
selectively, or enforced by Staff on a proactive basis was not resolved. Members of the City
Council are concerned about property rights, but they are also concerned about property
maintenance issues being enforced. Some Councilmembers spoke of enforcing certain
provisions selectively depending on their importance to the community. Of concern to a
Councilmember was the length of time it takes to enforce the Ordinance. A series of letters and
waiting periods and the absence of fines makes the process too long. Members of the Planning
Commission were in favor of enforcing provisions selectively.
Staff requests clarification from the Planning Commission on the enforcement issue. The
means of enforcement is not addressed in the Zoning Ordinance but is addressed by a Resolution
that is separate from the Zoning Ordinance (Attachment 3).
7. Corner landscaping. The Councilmembers seemed to be in favor of encouraging corner
landscaping rather than requiring it. Staff has changed the wording to reflect the desires of the
Council. If the Planning Commission desires, it could change the wording to require corner
landscaping. The following language is proposed on page 9 of the Landscaping and Fencing
Regulations:
D. Corner Treatment Standards. Developments involving corner lots are
encouraged to incorporate corner treatment standards as follows:
1. Commercial developments. Landscaping of all corners (outside of the public
right-of-way) in commercial developments is encouraged. It is encouraged that
landscaping incorporate significant landscape and water features, including
specimen trees, coordination with wall breaks or openings, and special "city
entry" image treatment whenever appropriate. Maintenance would not be
provided by the City. The design shall ensure that any corner landscape plan
conforms with the Traffic Visibility Area requirements of this Section to protect
public safety.
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2. Residential developments. Landscaping of corners (outside of the public right-
of-way) at intersections in residential developments where both streets have a
design ADT (Average Daily Traffic) of 4,000 or more is encouraged.
Maintenance would not be provided by the City. The design shall ensure that any
corner landscape plan conform with the Traffic Visibility Area requirements of
this Section to protect public safety.
8. Removal or replacement of trees in parking lots in multi-family, commercial, office,
or industrial developments. The Councilmembers spoke about two different tree-related
sections of the Landscaping and Fencing Regulations. With regard to the removal of existing
large trees (see 4 below), they did not want to restrict tree removal in residential areas, and
wanted pine trees removed from the list of protected trees. Staff modified the language to
address Bay, Cypress, Maple, Oak, Redwood, and Sycamore trees. Removal would require an
arborist's report. With regard to the removal of trees in a parking lot(see 8.xx.060 below),the
Council was in favor of the Planning Commission recommendation. The following language is
proposed on pages 2 and 10 of the Landscaping and Fencing Regulations:
4. Existing Trees. Existing mature Bay, Cypress, Maple, Oak, Redwood, and
Sycamore trees shall be preserved in non-residential zoning districts if they are
over 24 inches in diameter measured 4 feet 6 inches above natural grade. Trees to
be preserved shall be shown on the Final Landscaping and Irrigation Plan and
detailed on a tree inventory chart on that plan. Trees meeting the above criteria
may be removed on a limited basis by the Director upon submittal of an arborist's
report which determines that the tree is in poor health and not likely to survive, or
if the trees constitute a high fire hazard or a threat to persons, structures, or
property.
8.xx.060 Tree removal/replacement. Where the majority of trees in a parking lot
(or proposed parking lot) in a multi-family, commercial, office, or industrial
development area are proposed to be removed for aesthetic reasons or for the
purpose of increasing visibility for signage, that removal or replacement shall be
pursuant to Site Development Review. Removal of trees in phases shall not
relieve the property owner of this obligation.
GENERAL INFORMATION:
APPLICANT(S): City of Dublin
LOCATION: Citywide
ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental
Quality Act (CEQA) because there is no possibility that
revising the Zoning Ordinance will have a significant
impact on the environment(Section 15061(a)(3)). All
discretionary permits which are based on the Zoning
Ordinance will receive environmental review pursuant to
CEQA.
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ATTACHMENTS:
Attachment 1: List of substantive issues of Zoning Ordinance needing revision.
Attachment 2: Draft Revised Zoning Ordinance (under separate cover)
Attachment 3: Resolution 104-95 of the City Council.
g:pa95027/624pcsr
9
ZONING ORDINANCE SECTIONS MOST NEEDING REVISION
1. PERMITTED AND CONDITIONAL USES. Revise permitted and
conditional uses in Residential,Commercial,and Manufacturing zones to
reflect new land use types,and current planning practice.
2. PARKING. Revise Parking regulations to meet current industry and
planning standards and to address the parking of commercial vehicles. The
current parking standards require more parking than is necessary.
3. ACCESSORY STRUCTURES AND ACCESSORY USES. Revise
Accessory Structures and Accessory Uses to more clearly state where
different types of accessory structures can be located,and to reflect
accessory structure types that were not in existence or commonly used at the
time this Ordinance was written,such as satellite dishes,hot tubs,and spas.
4. SETBACKS. Reexamine setback requirements for all zones. An
example would be to allow staggered front yard setbacks to provide
streetscape variety,or to require larger sideyard setbacks in residential areas.
5. LANDSCAPING. The current Ordinance does not address landscaping
for industrial or commercial lots,require continued landscape maintenance,or
the preservation of mature trees.
6. HEIGHT. Revise height requirements for residential zones. The
Ordinance now restricts the height of single family dwellings to a maximum of
25 feet. Most new homes average 32 feet in height.
7. HOME OCCUPATIONS. The current home occupation regulations do
not adequately address issues such as firearms sales,number of parked
commercial vehicles,employees,use of homes for mail order businesses
where multiple deliveries occur per day,and new types of appliances or
machines that should not be worked on in a single family home.
8. FENCE,WALLS AND HEDGES. Revise Fence,Walls and Hedges
regulations to make the Ordinance language more clear. Flexibility could be
allowed for lattice screens on top of walls.
9. NON-CONFORMITY. Revise Non-Conforming Uses and Structures
regulations to include the amortization of structures.
10. PLANNED DEVELOPMENT. Revise Planned Development regulations
to allow shell planned developments and to clarify the section.
11. ENFORCEMENT. Revise the Enforcement regulations to more clearly
state the enforcement policies of the City.
ATTACHMENT I
RESOLUTION NO.104-95
A RESOLUTION OF THE CITY COUNCIL
OF 1Hk.CITY OF DUBLIN
*********
ESTABLISHING A POLICY FOR ENFORCEMENT OF
ZONING,BUILDING,HOUSING,AND PROPERTY MAINTENANCE VIOLATIONS
AND RESCINDING RESOLUTION NO.63-88
WHEREAS, the City Council of the City of Dublin did by Resolution No.63-88 adopt a Resolution
establishing a policy for enforcement of Zoning,Building,Housing and Property Maintenance violations and
rescinding Resolution No.75-84;and
WHEREAS,the Resolution identified both Administrative Procedures and Enforcement Policies;and
WHEREAS, the City Council has recently adopted an ordinance amending the Zoning Ordinance
regarding Outdoor Sales and Activities;and
WHEREAS,the City Council is desirous of establishing an enforcement policy regarding Outdoor Sales
and activities which is consistent with the established policy for enforcement of Zoning,Building,Housing and
Property Maintenance violations;and
WHEREAS,the actual procedures for enforcing a particular law are already covered in City Ordinances
and applicable sections of the State Law;and
WHEREAS,it is necessary to rescind Resolution No.63-88 and adopt a new Resolution which includes
the Outdoor Sales and Activities.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt
the"Enforcement Policy for Zoning,Building,Housing,Construction Work Without Permit and Property
Maintenance Ordinance Violations",attached hereto and identified as Exhibit"A".
BE IT FURTHER RESOLVED,that the Resolution No.63-88 is hereby rescinded.
PASSED,APPROVED AND ADOPTED this 22nd day of August, 1995.
AYES: Councilmembers Barnes,Burton,Howard Moffatt and Mayor Houston
NOES: None
ABSENT: None ABSTAIN: None 4,4*L4
Mayor
TTEST: E C
- ity Jerk ATTACHMENT 3
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