HomeMy WebLinkAboutOrd 15-09 Amend Muni CodeORDINANCE NO. 15 - 09
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AMENDING ZONING ORDINANCE CHAPTER 8.08 (DEFINITIONS), CHAPTER 8.12 (ZONING
DISTRICTS AND PERMITTED USES), CHAPTER 8.76 (OFF STREET PARKING AND
LOADING), CHAPTER 8.116 (ZONING CLEARANCE), CHAPTER 8.132 (NOTICE AND
HEARING) AND THE CREATION OF TWO NEW CHAPTERS: 8.70 (RECREATIONAL
FACILITIES (INDOOR)) AND 8.102 (MINOR USE PERMIT) RELATING TO INDOOR
RECREATIONAL FACILITIES
ZOA 09-002
WHEREAS, at the request of the City Council, Staff has been reviewing the Zoning
Ordinance for ways to streamline the entitlement process for development applications and to
promote businesses in Dublin; and
WHEREAS, Staff has identified proposed amendments to the Dublin Zoning Ordinance
to modify the permit and parking requirements for Indoor Recreational Facilities in order to
streamline the application process for these types of uses. The amendments include
modifications to Chapter 8.08 (Definitions), Chapter 8.12 (Zoning Districts and Permitted Uses),
Chapter 8.76 (Off Street Parking and Loading), Chapter 8.116 (Zoning Clearance), and Chapter
8.132 (Notice and Hearing). Amendments also include the creation of two. new Chapters:
Chapter 8.70 (Recreational Facilities (Indoor)) and Chapter 8.102 (Minor Use Permit); and
WHEREAS, the text amendments are shown in Sections 2 through Section 9 of this
Ordinance; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this
project on October 13, 2009 and adopted Resolution 09-039 recommending that the City
Council approve amendments to Title 8 (Zoning Ordinance) of the Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council on November
3, 2009; and
WHEREAS, a Staff Report was submitted recommending that the City Council approve
the Zoning Ordinance Amendments; and
WHEREAS, pursuant to section 8.120.050.6 of the Dublin Municipal Code, the City
Council finds that the Zoning Ordinance Amendments are consistent with the Dublin General
Plan; and
WHEREAS, the City Council did hear and use its independent judgment and consider all
said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
Page 1 of 10
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. This adoption of this ordinance is exempt from CEQA
because the ordinance does not, in itself, allow the construction of any building or structure, but
it sets forth the regulations that shall be followed if and when a building or structure is proposed
to be constructed or a site is proposed to be developed. This ordinance of itself, therefore, has
no potential for resulting in significant physical change in the environment, directly or ultimately.
Section 2:
The following new definitions are added to Chapter 8.08 (Definitions) of Title 8 of the Dublin
Municipal Code to read as follows:
8.08.20 Definitions (A-Z)
Auditorium (use type). The term Auditorium shall mean a large room to accommodate an audience in
a building such as a school or theater.
Billiard/Pool Hall (use type). The term Billiard/Pool Hall shall mean a place where .people, gather for
playing pool and/or other cue sports. Such establishments often serve alcohol and may have gaming
machines, darts, foosball and other games on the side.
Card Room (use type). The term Card Room shall mean a gambling establishment that exclusively
offers card games for play by the public.
Comedy Club (use type). The term Comedy Club shall mean a commercial establishment that offers
comedy stage shows and charges either a fee for admission or requires a purchase of item(s) at the
venue.
Health Club/Fitness Center (use type). The term Health Club/Fitness Center shall mean a place
which houses exercise equipment for the purpose of physical exercise. Often there are also group
exercise courses for aerobics or the like offered. Health Club/Fitness Centers generally charge a fee to
allow visitors to use the equipment, courses, and other provided services. A Health Club/Fitness Center
may or may not include an indoor sauna, spa or hot tub facilities or other ancillary facilities such as a
pool or sports courts.
Nightclub (use type). The term Nightclub can include any type of club with peak operating hours in the
late evening and nighttime hours (typically after 8:00 p.m.). Nightclubs can include a comedy club,
karaoke club, or other entertainment use that is determined to be substantially similar to the above by
the Community Development Director.
Recording Studio (use type). The term Recording Studio shall mean a studio where sound or video
recordings are made.
Theater (other than Adult Business Establishment) (use type). The term Theater shall mean a
structure where movies are shown, theatrical works or plays are performed, or other performances such
as musical concerts may be given.
Page 2 of 10
Section 3:
The following definition in Chapter 8.08 (Definitions) of Title 8 of the Dublin Municipal Code is
amended to read as follows:
8.08.020 Definitions (A-2)
Recreational Facility/Indoor (use type). The term Recreational Facility/Indoor shall mean
establishments providing amusement, entertainment, or physical fitness services typically occurring
indoors for a fee or admission charge, such as, but not limited to: arcades containing coin-operated
amusements and/or electronic games (five or more such games or coin-operated amusements in any
establishment constitutes an arcade pursuant to this definition, four or less are not considered a land
use separate from the primary land use of the site); bowling alleys; laser tag businesses; ice skating and
roller skating; art/dance/exercise studio; drama/voice/instrument instructional studio; indoor play center
(rock climbing or inflatable party place); Health Club/Fitness Center; martial arts studios; tennis;
handball; badminton, racquetball; indoor archery and shooting ranges; indoor soccer or hockey facilities;
swimming pools; and other indoor sports activities determined to be substantially similar to the above by
the Community Development Director. Recreational Facility/Indoor does not include a dance floor.
Section 4:
Section 8.12:050 of Chapter 8.12 (Zoning Districts and Permitted Uses) of Title 8 of the Dublin
Municipal Code is amended to read as follows
8.12.050 Permitted and Conditionally Permitted Land Uses (Only those sections of the table.
which are proposed to be amended are shown. All use types not shown are proposed to remain
as is.)
COMMERCIAL USE TYPES
COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Auditorium - - - - - - C/ZA C/ZA C/ZA C/ZA -
Billiard/Pool Hall - - - - - - C/ZA C/ZA C/ZA C/ZA -
Card Room - - - - - - C/ZA C/ZA C/ZA C/ZA -
Comed Club - - - - C/ZA C/ZA P P C/ZA C/ZA -
Ni htclub - - - - C/ZA C/ZA C/ZA C/ZA C/ZA C/ZA -
Recreational Facility/Indoor
See Cha ter 8.70 - - - - - - ZC/
MUP ZC/
MUP ZC/
MUP ZC/
MUP ZC/
MUP
Recordin Studio - - - - - - - - P P -
Theater (other than Adult
Business Establishment - - - - - P P P C/ZA C/ZA -
KEY/DECISIONMAKER AUTHORITY
Permitted P
Not Permitted -
Zonin Clearance ZC
Minor Use Permit MUP
Conditional Use Permit/Zonin Administrator C/ZA
Conditional Use Permit/Plannin Commission C/PC
Tem ora Use Permit TUP
Page 3 of 10
Section 5:
Subsection F of section 8.76.050 and subsection D of Section 8.76.080 of Chapter 8.76 (Off
Street Parking and Loading Regulations) of Title 8 of the Dublin Municipal Code are amended
to read as follows:
Section 8.76.050
F. Parking Reductions for Shared Parking. When shared off-street parking is proposed between
two or more adjacent use types, the Zoning Administrator may grant a reduction in off-street
parking requirements (from the sum of the parking required by each use type) in compliance with
Chapter 8.100, Conditional Use Permit. Reductions for shared parking may be granted if a
report by a registered traffic engineer shows that requirements 1-4 below are met and if
requirement 5 is met:
1. The Conditional Use Permit findings can be made.
2. A sufficient number of spaces are provided to meet the greatest parking demands of the
participating use types and to ensure that there will not be a parking deficiency.
3. Satisfactory evidence is provided that the use types, by their natures and operating times,
will not conflict with each other.
4. Overflow parking will not adversely affect any adjacent use.
5. Additional documents, covenants, deed restrictions, or other agreements as may be.
deemed necessary by the Zoning Administrator are executed to assure that the required
parking spaces provided are maintained and that uses with similar hours and parking
requirements as those uses sharing the parking facilities remain for the life of the
documents, covenants, deed restrictions, or other agreements.
The Community Development Director may grant a reduction in off-street parking requirements
(from the sum of the parking required by each use type) for Indoor Recreational Facilities in
compliance with Chapter 8.70, Indoor Recreational Facilities, Chapter 8.102, Minor Use Permit
and this section. Reductions for shared parking for an Indoor Recreational Facility may be
granted if the Community Development Director finds each of the following standards are met.
The Applicant for any reduction under this provision shall submit a written statement, signed by
the Property Owner, which demonstrates the following standards are met:
1. The required findings of Chapter 8.102 (Minor Use Permit) can be made.
2. A sufficient number of spaces are provided to meet the greatest parking demands of the
participating use types and to ensure that there will not be a parking deficiency.
3. Satisfactory evidence is provided that the use types, by their natures and operating times,
will not conflict with each other.
4. Overflow parking will not adversely affect any adjacent use.
5. Additional documents, covenants, deed restrictions, or other agreements as may be
deemed necessary by the Community Development Director are executed to assure that
the required parking spaces provided are maintained and that uses with similar hours and
parking requirements as those uses sharing the parking facilities remain for the life of the
documents, covenants, deed restrictions, or other agreements.
Page 4 of 10
If the standards above cannot be met, the Community Development Director may not grant the
reduction.
Section 8.76.080 (Only those sections of the table which are proposed to be amended are shown.
All use types not shown are proposed to remain as is.)
D. Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as
follows:
Billiard and Pool Hall 2 per pool table, plus 1 per 250 square feet of accessory
uses s ace not devoted to ool tables
Card Room 1 er 200 s uare feet
Comedy Club If the club is to be located in an existing and operating
Eating and Drinking Establishment, no additional parking
spaces are required.
Otherwise, 1 er 100 s uare feet
Nightclub If the club is to be located in an existing and operating
Eating and Drinking Establishment, no additional parking
spaces are required.
Otherwise, 1 er 100 s uare feet
Recordin Studio 5 s aces lus one for each em to ee on the lar est shift
Recreational Facilit Indoor
Arcade/Game Center 1 er 200 s uare feet
Art, dance, or exercise studio 1 er 200 s uare feet
Bowling Alleys 5 per lane, plus 1 per 250 square feet of accessory uses
s ace not devoted to lanes
Drama/voice/instrument instructional 1 per 200 square feet
studio
Handball, badminton, tennis, racquetball 2 per court, plus 1 per 3 fixed seats for spectator area,
facilities plus 1 per 250 square feet of accessory uses (space not
devoted to courts ors ectator area
Health Clubs/Fitness Center 1 er 150 s uare feet
Indoor play center (i.e. rock climbing 1 per 200 square feet
wall, inflatable art lace
Indoor sport arenas (soccer/volleyball) 50 per field or sports court, plus 1 per 3 fixed seats for
spectator area, plus 1 per 250 square feet of accessory
uses s ace not devoted to fields ors ectator area
Martial Arts Studio 1 er 200 s uare feet
Skating/Ice Rinks 1 per 175 square feet of rink area, plus 1 per 250 square
feet of accesso uses s ace not devoted to skatin rink
Recreational Facilit /Outdoor
Swimming Pools 1 per 100 square feet of pool area, plus 1 per 3 fixed
seats for spectator area, plus 1 per 250 square feet of
accessory uses (space not devoted to pool or spectator
area
Chapter 8.116 (Zoning Clearance) of Title 8 of the Dublin Municipal Code is amended to read
as follows:
Page 5 of 10
CHAPTER 8.116 ZONING CLEARANCE
8.116.010 Purpose. The purpose of this Section is to establish a procedure for certifying
conformance of a Building Permit, Sign application, or Recreational Facility (Indoor)
application with the requirements of this Title, the General Plan, any applicable Specific
Plans, and the terms and conditions of any applicable permits or variances. Rev. Ord.
15-09 (November 2009)
8.116.020 Applications Requiring a Zoning Clearance.
A. Building Permit.
B. Signs. All signs which have been identified in Chapter 8.84, Sign Regulations, as
requiring a Zoning Clearance.
C. Recreational Facilities (Indoor) that meet the standards specified in Section 8.70.040A.
Rev. Ord. 15-09 (November 2009)
8.116.030 Application. The Applicant shall submit a complete application for a Building Permit for
a structure or a sign. Rev. Ord. 1-04 (January 2004)
If the Zoning Clearance is for a Recreational Facility (Indoor), the Applicant shall submit a
"Zoning Clearance for Recreational Facilities (Indoor)" form along with a site plan, written
statement, and floor plan of the building or tenant space. Rev. Ord. 15-09 (November
2009)
8.116.040 Approval. The Director shall decide Zoning Clearance applications as follows:
A. Building Permit. All building permit applications shall be reviewed for consistency with
the regulations of this Title as required by Chapter 8.04, Title Purpose and Authority. The
Zoning Clearance approval for a Building Permit .shall be a signature and date on the
Building Permit and an initialed and dated stamp of approval on the approved building
plans.
B. Signs. All signs identified in the Sign Regulations as requiring a Zoning Clearance shall
be applied for and approved as in Section 8.116.040.A, Building Permit.
C. Recreational Facility (Indoor). All Recreational Facilities (Indoor) shall be reviewed for
compliance with Chapter 8.70 (Recreational Facilities (Indoor)). The Zoning Clearance
approval for a Recreational Facility (Indoor) shall be a completed "Zoning Clearance for
Recreational Facilities (Indoor)" form with the date and signature of the Community
Development Director or his/her designee. Rev. Ord. 15-09 (November 2009)
8.116.050 Expiration of Zoning Clearance. A Zoning Clearance issued in conjunction with a
Building Permit shall expire when the Building Permit expires. A Zoning Clearance issued
in conjunction with a Recreational Facility (Indoor) shall expire when the use is no longer
operational or the facility is no longer in compliance with Chapter 8.70 (Recreational
Facilities (Indoor)). Rev. Ord. 15-09 (November 2009)
Page 6 of 10
Section 7:
Sections 8.132.040 and 8.132.050 of Chapter 8.132 (Notice and Hearing) of Title 8 of the
Dublin Municipal Code are amended to read as follows:
8.132.040 Consideration of Minor Use Permit, Site Development Review, and Variance.
The Director or his/her designee may approve, conditionally approve or deny a Minor Use
Permit or Site Development Review without a public hearing. The Zoning Administrator
may approve, conditionally approve or deny a Variance without a public hearing.
8.132.050 Notice of Decision. Where the Director considers a Minor Use Permit or Site
Development Review or the Zoning Administrator considers a Variance pursuant to this
Title, a Notice of Decision shall be given as follows:
Section 8:
New Chapter 8.70 (Recreational Facility (Indoor)) is added to Title 8 of the Dublin Municipal
Code to read as follows:
CHAPTER 8.70 Recreational Facilities (Indoor)
8.70.010 Purpose. The purpose of this section is to provide regulations to guide the appropriate
establishment of Recreational Facilities (Indoor).
8.70.020 Intent. The intent of this section is to ensure that Recreational Facilities (Indoor) meet all of
the following objectives. That the facility:
A. Allows for the safe and appropriate use of the building and/or space in which the facility is located.
B. Does not .negatively impact the character of the commercial or industrial neighborhood in which the
facility is located.
C. Does not negatively impact traffic or parking facilities in the neighborhood.
D. Complies with all Building and Fire Code regulations for the use and occupancy type of the facility.
E. Conforms to all provisions of the zoning district in which it is located.
F. Complies with all Development Standards and Regulations of Chapter 8.70, Recreational Facilities
(Indoor).
8.70.030 Development Standards and Regulations. An Indoor Recreation Facility shall comply
with all development standards and regulations for the zoning district in which it is located
and any applicable other provisions of the City Code or regulations, including occupancy,
accessibility, California Building Code, and Fire Code requirements.
8.70.040 Permitting Procedures.
A. Zoning Clearance. A proposed Recreational Facility (Indoor) shall be approved ministerially
with a Zoning Clearance and without discretionary review or a public hearing if it meets the
following standards:
Page 7 of 10
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 does not meet the
requirements for approval by zoning clearance under Section 8.70.040A shall require approval of
a Minor Use Permit under Chapter 8.102 (Minor Use Permit).
Section 9'
New Chapter 8.102 (Minor Use Permit) is added to Title 8 of the Dublin Municipal Code to read
as follows:
CHAPTER 8.102 MINOR USE PERMIT
8.102.010 Purpose. The purpose of this Chapter is to establish a procedure for approving or
denying land uses that are subject to a minor use permit requirement under the City
Code. Such uses would only be approved if their effect on the surrounding environment
can be made acceptable through the application of conditions of approval.
8.102.020 Uses Requiring a Minor Use Permit. The uses and related structures requiring a Minor
Use Permit shall be limited to those in Chapter 8.12, Zoning Districts and Allowable Uses
of Land, for each zoning district, and elsewhere in this Ordinance.
8.102.030 Application. The Applicant shall submit a complete application pursuant to Chapter
8.124, Applications, Fees and Deposits, accompanied by a fee and/or deposit and such
materials as are required by the Community Development Director.
8.102.040 Concurrent Consideration. When a Minor Use Permit is required for a project which is
also subject to a Zoning Ordinance Amendment, Specific Plan, Specific Plan Amendment,
or General Plan Amendment, it shall be approved or denied by the same decision-maker
or body for those actions.
8.102.050 Notice and Hearings. Minor Use Permit applications shall be considered by the
Community Development Director with notice pursuant to Chapter 8.132, Notice and
Hearings. A Notice of Decision shall be provided not less than 10 days before the date of
a scheduled decision by the Community Development Director.
8.102.060 Required Findings. The following findings shall all be made in order to approve a Minor
Use Permit and shall be stated in the Notice of Decision:
Page 8 of 10
A. The proposed use and related structures are compatible with other land uses, transportation and
service facilities in the vicinity.
B. The proposed use meets the parking requirement for the use type in accordance with the
requirements of Chapter 8.76 (Off-Street Parking and Loading), which could include a parking
reduction for shared parking.
C. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be
detrimental to the public health, safety and welfare.
D. It will not be injurious to property or improvements in the neighborhood.
E. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental to the
public health, safety, and welfare.
F. The subject site is physically suitable for the type, density and intensity of the use and related
structures being proposed.
G. The proposed use will not be contrary to the specific intent clauses, development regulations, or
performance standards established for the zoning district in which it is located.
H. The proposed use is consistent with the Dublin General Plan and with any applicable Specific
Plans.
8.102.070 Action. The decision maker for Minor Use Permits shall be the Community Development
Director (or his/her designee).. The decision maker may approve, conditionally approve,
or deny a Minor Use Permit based on the required findings in Section 8.102.060. If the
Community Development Director determines ,that the proposed use could have impacts
that should be considered by the Planning Commission at a public hearing, the
Community Development Director may refer decision making on the Minor Use Permit to
the Planning Commission.
8.102.080 Amendments.
A. Minor Amendment. The Community Development Director or his/her designee shall determine
that a minor amendment to a Minor Use Permit is in substantial conformance with the Minor Use
Permit if it is a minor project as described below, is Categorically Exempt from the California
Environmental Quality Act, and is consistent with the conditions of approval for the permit. It is
not the intent of this Chapter that a series of Minor Amendments be used to circumvent the need
for a new Minor Use Permit. A minor project shall include any of the following:
The cumulative physical expansion of any structure approved in the original Minor Use
Permit by no more than 1,000 square feet.
2. The expansion or intensification of use by no more than 10% of the original use.
3. Relocation of a use within the same property or structure.
4. A maximum 25% increase or decrease in hours of operation.
Page 9 of 10
B. Other Amendments. The process for amending a Minor Use Permit shall be the same as the
process for approving a Minor Use Permit except that the decision-maker for such Minor Use
Permit shall be the same decision-maker that ultimately approved the Minor Use Permit including
any approval on appeal, or by referral.
8.102.090 Building Permits. Building Permits shall not be issued except in accordance with the
terms and conditions of the Minor Use Permit approval.
8.102.100 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall apply
except as otherwise provided in this Chapter.
Section 10:
Severability. In the event any section or portion of this ordinance shall be determined invalid or
unconstitutional, such section or portion shall be deemed severable and all other sections or
portions hereof shall remain in full force and effect.
Section 11:
Savings Clause. All code provisions, ordinances, and parts of ordinances in conflict with the
provisions of this chapter are repealed. The provisions of this chapter, insofar as they are
substantially the same as existing code provisions relating to the same subject matter shall be
construed as restatements and continuations thereof and not as new enactments. With respect,
however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective
date of this ordinance, under any. chapter, ordinance, or part of an ordinance shall be deemed
to remain in full force for the purpose of sustaining any proper suit, action, orother-proceedings,
with respect to any such violation, right, liability or appeal
Section 12:
This Ordinance shall take effect and be in force thirty. (30) days from and after the date of its
final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 39633 of the
Government Code of California.
PASSED, APPROVED, AND ADOPTED this 17th day of November, 2009, by the following
vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
'' U ,.
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Mayor
AT ST:
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City Clerk
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