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HomeMy WebLinkAbout6.1 Scarlett Ct Zone AmendG~~~ OF Dp~~2 '~i 19;~;~12 STAFF REPORT C I T Y C L E R K `~ ~ ~ DUBLIN CITY COUNCIL File # ^000-~DO ~~LIFOR~~~ DATE: May 17, 2011 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE . PLPA-2011-00019 Scarlett Court Zoning Ordinance Amendments - Amendments to the Dublin Municipal Code related to the Scarlett Court Overlay Zoning District (Chapter 8.34) Prepared By: Kristi Bascom, Principal Planner jG~j EXECUTIVE SUMMARY: One of the high priority Economic Development Goals and Objectives for the 2010-2011 Fiscal Year is to examine appropriate locations to permit automotive repair businesses within the City. Staff has been identifying locations in the City where additional auto-related uses would be appropriate, and has drafted changes to the Zoning Ordinance to facilitate their development. Staff is proposing amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to the Scarlett Court Overlay Zoning District. The proposed amendments would streamline the process to allow auto-related uses in the Scarlett Court Overlay Zoning District by means of a Zoning Clearance or Minor Use Permit. The amendments include modifications to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.34 (Scarlett Court Overlay Zoning District), and Chapter 8.116 (Zoning Clearance). - FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Waive the reading and introduce an Ordinance amending Chapters 8.12 (Zoning Districts and Permitted Uses), 8.34 (Scarlett Court Overlay Zoning District), and 8.116 (Zoning Clearance) of the Zoning Ordinance for auto-related uses in the Scarlett Court Overlay Zoning District. ~ Sub itted y Community Development Director Rev ed By Assistant City Manager Page 1 of 5 ITEM ~10. f~J ~ ~ESCRIPTION: ~ackground One of the high priority Economic Development Goals and Objectives for the 2010-2011 Fiscal Year (I{-E-15) is to "examine appropriate locations to permit automotive repair businesses within the City". As areas that have traditionally accommodated auto-related uses, such as auto repair, sales, and service transition to other types of more-intensive development, City Staff has been examining locations where it would be feasible to encourage auto-related uses to re- establish. Staff has been identifying locations in the City where additional auto-related uses would be appropriate, and has drafted changes to the Zoning OrdinancE The Scarlett Court area is a logical area due to the number operation. This area is zoned M-1 (Light Industrial) except for a below. to facilitate their development. ~f auto-related uses already in portion of one parcel, as shown Staff recommends amending the Zoning Ordinance to remove the requirement for~auto-related uses to be permitted by a Conditional Use Permit approved by the Planning Commission and instead allow them to be permitted by means of a Zoning Clearance or Minor Use Permit within the Scarlett Court area. ~ ~.Y~A~YSIS: The proposed Zoning Ordinance Amendments would streamline the permit process by establishing development standards and allowing auto-related uses in the Scarlett Court area with approval of a Zoning Clearance or a Minor Use Permit. The City has used this approach for several different use types in recent years, including Indoor Recreational Facilities and Large Family Daycares, with the intent of facilitating the quicker processing of certain applications: This will allow auto-related uses in the Scarlett Court area, wfiich should have minimal impacts to surrounding uses based on the prolife,r.ation of existing auto-related uses, a shorter planning review time and a lower up-front cost to the Applicant. ~ Page 2 of 5 Staff is proposing~ changes to three chapters of the Zoning Ordinance: Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.34 (Scarlett Court Overlay Zoning District), and Chapter 8.116 (Zoning Clearance). The City Council Economic Development Ad Hoc Committee reviewed the proposed Zoning Ordinance Amendments to require a Zoning Clearance or Minor Use Permit instead of the current requirement for a Conditional Use Permit approved by the Flanning Commission. The Committee concurred with the proposed Zoning Ordinance amendments as discussed below. Chapter 8.12 (Zoning Districts and Permitted Uses of Land) Staff is proposing to amend Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) to note that auto-related uses are permitted in the portion of the M-1 Zoning District that is located in the Scarlett Court Overlay Zoning District by means of a Zoning Clearance or Minor Use Permit. The Permit requirements for auto-related uses in other zoning districts would not change. The following rows of the "Land Use Matrix" table in Section 8.12.050 are proposed to be amended as follows (the underlined text is new): COMMERCIAL USE TYPE A R-1 R-2 R-M C-O GN C-1 G2 M-P M-1 M-2 Automobile/Vehicle - - - - ~'' P P ~ P P - - - Brokera e ZC/MUP' Automobile/Vehicle Rental - - - -. - - - P - C/PC - ZC/MUP' Automobile/Vehicle Repairs - - - - - - - P - C/PC - and Service ~ ZC/MUP' AutomobileNehicle Sales - - - - - - - C/PC - C/PC - and Service - ZC/MUP' ' Permitted with a Zoninq Clearance/Minor Use Permit in the Scarlett Court ~verlay Zonfnq Dfstnct. The means of permitting an Automobile/Vehicle Storage Lot is not proposed to change. This use type will still require a Conditional Use Permit approved by the Planning Commission in any M-1 (Light Industrial) Zoning District. Sections 2 of the draft Ordinance, which is included as Attachment 1 to this Staff Report, shows the amended Section 8.12.050 in its final form, with all. of the changes incorporated. . .. ,. . . ., , . .,-. Chapter 8.34 (Scarlett Court Overlay Zondng District) Staff is proposing to amend Chapter 8.34 to note that the auto-related uses noted above will be permitted with approval of a Zoning Cfearance or a Minor Use Permit in the M-1 (Light Industrial) Zoning District if the property is in the Scarlett Court Overlay Zoning District. The main change to the Chapter is the proposed addition of Section 8.34.080 (Permitting Procedures), which describes the standards for approving Zoning Clearances and Minor Use Permits, as follows: 8.34.080 Permitting Procedures. A. Zoning Clearance. Uses requiring a Zoning Clearance in compliance with Chapter 8.12 (Zoning Districts and Permitted Uses of Land) shall be approved ministerially with a Zoning Clearance and without discretionary review or a public hearing if it meets the following standards: Page3of5 1. Meets all Development Standards and Regulations for the Zoning District in which it is located and any other applicable provisions of the City Code or regulations, including occupancy, accessibility, California Building Code, and Fire Code requirements. 2. 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. 3. The use qualifies for an exemption for environmental review under the California Environmental Quality Act (CEQA). 4. The hours of operation are no earlier than 7:00 a.m. and no later than 10:00 p.m. for Automobile/Vehicle Sales and no earlier than 7:00 a.m. and no later than 7:00 p.m. for AutomobileNehicle Service or Repair. 5. All service and/or repair work shall be conducted inside the building. 6. No outdoor storage of vehicles being repaired. - 7. No amplified sounds or loudspeakers outside the building. _ . . 8: Any~ Automobile/Vehicle washing or detailing shall 'be done in compliance with ' ~ - _ applicable water pollution control standards. ' ~ ' A Zoning Clearance form shall document the compliance of the use with the : above requirements and shall be kept on file in the Community Development Department for the duration of the operation of the use. -- B; ~- Minor Use Permit. A proposed use that does not meet the requirements for approval by a Zoning Clearance under subsection A of this section shall require . approval of a Minor Use Permit under Chapter 8.102 (Minor Use Permit). Section 3 of the draft Ordinance, which is included as Attachment 1 to this Staff Report, shows the amended Chapter ~8.34 in its final form, with all of the changes incorporated. Attachment 2 to this Staff Report is the amended Chapter 8.34, showing text additions and deletions in underline and strikeout, for reference only. Chapter 8.116 (Zoning Clearance) Staff is proposing amendments to this Chapter of the Zoning Ordinance to note that the following types of uses are now subject to a Zoning Clearance: AutomobileNehicle Brokerage, AutomobileNehicle Rental, Automobile/Vehicle Repairs and Service, or Automobile/Vehicle Sales and Service use types that meet the standards specified in Chapter 8.34 (Scarlett Court Overlay Zoning District). Section 4 of the draft Ordinance, which is included as Attachment 1 to this Staff Report, shows the amended Chapter 8.116 in its final form, with all of the changes incorporated. Page 4 of 5 PLANNING COMMISSION ACTION: The Planning Commission reviewed the project at a public hearing on April 26, 2011. The Planning Commission Staff Report and draft minutes for this meeting are included as Attachments 3 and 4 to this Staff Report. At the meeting, the Planning Commission discussed the merits of the proposed Zoning Ordinance Amendment and heard testimony from a Scarlett Court property owner's representative in favor of the proposed amendments. After a brief discussion, the Planning Commission adopted a Resofution recommending that the City Council approve amendments to Chapters 8.12 (Zoning Districts and Permitted Uses), 8.34 (Scarlett Court Overlay Zoning District), and 8.116 (Zoning Clearance) of the Zoning Ordinance for auto- related uses in the Scarlett Court Overlay Zoning District. The Planning Commission approved Resolution 11-15 (Attacliment 5) by a unanimous vote. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a public notice was published in the Valley Times and posted at several locations throughout the City. A notice of this hearing was mailed to all property owners and tenants in the Scarlett Court Overlay Zoning District, to those .within 300 feet of the subject area,.and to those requesting such notice, ten days before the hearing. The Staff Report and attachments were made available~for public. review prior to the public-hearing:in accordance with ~ 'Government Code Sections 65090 and 65091. ~ . _ . ' Additionally, Staff solicited input on the proposed Zoning Ordinance Amendments from all affected properties within the Scarlett Court Overlay Zoning District. A letter outlining the proposed changes was sent to all property owners, and no comments were received. Staff met with one of the property owner representatives to discuss the proposed changes; and Staff; received support for,the. proposed changes. ENVIRONMENTAL REVIEW: The project has been found to be exempt from the California Environmental Quality Act (CEQA), according to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the amendments to Title 8(Zoning Ordinance) of the Dublin Municipal Code (Zoning Ordinance) may have a significant effect on the environment. ATTACHMENTS: 1) Ordinance amending Chapters 8.12 (Zoning Districts and Permitted Uses), 8.34 (Scarlett Court Overlay Zoning District), and 8.116 (Zoning Clearance) of the Zoning Ordinance for auto-related uses in the Scarlett Court Overlay Zoning District. 2) Amended Chapter 8.34 of the Zoning Ordinance (with proposed additions and deletions shown). 3) Planning Commission Staff Report, dated April 26, 2011 ~ 4) Draft Planning Commission meeting minutes, dated April 26, 2011 5) Planning Commission Resolution 11-15 Page 5 of 5 - a5 ORDINANCE NO. XX -11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN **~*********** AMENDING CHAPTERS 8.12 (ZONING DISTRICTS AND PERMITTED USES), 8.34 (SCARLETT COURT OVERLAY ZONING DISTRICT), AND 8.116 (ZONING CLEARANCE) OF THE ZONING ORDINANCE FOR AUTO-RELATED USES IN THE SCARLETT COURT OVERLAY ZONING DISTRfCT PLPA-2011-00019 WHEREAS, one of the high priority Economic Development Goals and Objectives for the 2010-2011 Fiscal Year is to examine appropriate locations to permit automotive repair businesses within the City; and ~ WHEREAS, the City Council has directed Staff to identify locations in the City where additional auto-related uses would be appropriate, and to identify changes to the Zoning Ordinance to facilitate their development; and WHEREAS, amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to the Scarlett Court Overlay Zoning District will allow auto-related uses in the Scarlett Court Overlay Zoning District by means of a Zoning Clearance or Minor Use Permit; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project on April 26, 2011 and adopted Resolution 11-15 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 May 17, 2011; and ~WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that the amendments to the Zoning Ordinance are consistent with the Dublin General Plan; and WHEREAS, the City Council did hear and use its independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: Section 1: Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b) (3). Section 15061(b) (3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of this ordinance is exempt from CEQA because the ordinance does not, in itself, allow the construction of any building or structure or allow a use to be established, but rather sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed, a site is proposed to be developed, or a use is proposed to be established. ~-t+2w-~6 ~ 0 . s~/_? ~l.l. , ATTACHMENT 1 ~ ~ ~~ Therefore, this ordinance of itself, has no poteritial for resulting in significant physical change in the environment, directly or ultimately. Section 2: Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Chapter 8.12 is hereby amended to read as follows (Only those rows of the table that are being amended by this Ordinance are shown here. All other rows of the table in Section 8.12.050 remain unchanged and in full effect.): 8.12.050 Permitted and Conditionally Permitted Land Uses. COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 AutomobileNehicle - - - - P P P P - - - Brokera e ZC/MUP' AutomobileNehicle Rental - - - - - - - P - C/PC - ~ ZC/MUP' Automobile/Vehicle Repairs - - - - - - - P - C/PC - and Service ZC/MUP' Automobile/Vehicle Sales - - - - - - - C/PC - C/PC - and Service ZC/MUP' Automobile/Vehicle Storage - - - - - - - TUP - . C/PC - Lot Permitted with a Zoning Clearance/Minor Use Permit in the Scarlett Court Overlay Zoning District. Section 3: Chapter 8.34 (Scartett Court Overlay Zoning District) is hereby amended to read as follows: CHAPTER 8.34 SCARLETT COURT OVERLAY ZONING DISTRICT 8.34.010 Purpose. The purpose of this Chapter is to establish a procedure to ensure that all development in the Scarlett Court Overlay Zoning District is reviewed for substantial compliance with the Scarlett Court Design Guidelines and to ensure that proposed uses in the area are reviewed for compliance with the appropriate development standards and regulations. The intent of the Chapter is also to: A. Enhance the aesthetics the Scarlett Court Area; B. Guide the design of future development and improvements to reinforce the Scar{ett Court Design Guidelines; and ~ ~ C. Improve the public realm to create a positive pedestrian experience, enhance the area's image, and create a unique sense of place. 8.34.020 Applicability. The Scarlett Court Overlay Zoning District is a designation in addition to the M-1 (Light Industrial), C-2 (General Commercial) Zoning District that each property in the area retains. The standard Zoning District contains a!I information regarding permitted and conditionally permitted uses, development standards, and regulations, while the Scarlett Court Overlay provides a Page 2 of 9 ~ ~ d5 mechanism to review development on any of the properties in he District for substantial compliance with the Scarlett Court Design Guidelines. 8.34.030 Projects subject to compliance with this Chapter: A. New Construction. Any new construction or additions to an existing structure within the Scarlett Court Overlay Zoning District that alters the exterior appearance of the building. Internal tenant improvements are not. subject to compliance with this Chapter. B. Exterior Modification of an Existing Structure. Any exterior modification of an existing structure located within the Scarlett Court Overlay Zoning District, including but not limited to, facade renovation, new and/or additional windows and doors, and roof or ground-mounted mechanical equipment. C. Modification to Site Layout. Any modification to site layout or site improvements in the Scarlett Court Overlay Zoning District, including but not limited to, parking, walls and fencing, circulation, landscaping, accessory structures, or trash enclosures. . . - D. ~Signage. Installation of new signage or replacement of.sign copy in the Scarlett . t. :; ~Caurt.Overlay,Zoning District: ~; . s . E. Auto-related uses in the Scarlett Court Overlay Zoning District. Aufo=related ~ uses requiring. either a Zoning Clearance or Minor Use Permit in the Scarlett Court' , Overlay , Zoning District in accordance with Chapter 8.12 (Zoning Districts ~and Permitted Uses .of Land). ~ 8.34.040 ' Applicafion. T.he Applicant.shall submit the following, as appropriate: A. A complete Zoning~ Clearance or Minor Use Permit application, in compliance with Chapter 8.12 (Zoning Districts and Permitted Uses of Land); or B. Unless waived in accordance with Section 8.34.110, a complete Site Development, Review applicatibn pursuant to Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee and such materials as are required by the Director of Community.Development. 8.34.050 Nofice Of Decision. A Notice of Decision shall be given consistent with Chapter 8.132, Notice and Hearings. No public hearing is required for Scariett Court Overlay Zoning District Site Development Review unless the application is being considered is a permit which requires a public hearing pursuant to Chapter 8.132. 8.34.060 Concurrent Consideration. When a Scarlett Court Overlay Zoning District Site Development Review is required for a project that is also subject to a Conditional Use Permit and/or Variance, it shall be approved, conditionally approved, or denied by the same decision-maker or body for those actions. 8.34.070 Required Findings. A. The following findings shall all be made in order to approve an application for Scarlett Court Overlay Zoning District Site Development Review: Page 3 of 9 ~~~~ 1. Approval of the application is `consistent with the purpose and intent of this Chapter 2. Any approval complies with the policies of the General Plan, with any applicable Specific Plans, with the development regulations or performance standards established for the standard Zoning District in which it is located, and with all other requirements of the Zoning Ordinance. 3. The approval 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 general welfare. 4. The design of the project will provide a desirable environment for the development and an attractive environment for the public. 5. The project is in substantial compliance with the applicable. chapters of the Scarlett Court Design Guidelines. B. The findings for approval for a Minor Use Permit in the Scarlett Court Overlay Zoning District shall be as specified in Section 8.102.060 (Minor Use Permit - Required Findings). ~ 8.34.080 Permitting Procedures. A. Zoning Clearance. Uses requiring a Zoning Clearance in ~compliance with Chapter 8.12 (Zoning Districts and Permitted Uses of Land) shall be approved ministerially with a Zoning Clearance and without discretionary review or a public hearing if it meets the following standards: ~ 1. Meats all Development Standards and Regulations for the Zoning District in . which it is located and any other applicable provisions of the City Code or regulations, including occupancy, accessibility, California Building Code, and Fire Code requirements. 2. Meets the parking requirement for the use type in accordance with the requirements of Section 8.76.080 (Parking Requirements by Type) withoufi any adjustments, reductions or variances. ~~` ~' ` 3. The use ~~qualifies for an exemption for environmental review ~ under the California Environmental Quality Act (CEQA). 4. The hours of operation are no earlier than 7:00 a.m. and no later than 10:00 p.m. for Automobile/Vehicle Sales and no earlier than 7:00 a.m. and no later than 7:00 p.m. for Automobile/Vehicle Service or Repair. 5. All service and/or repair work shall be conducted inside the building. 6. No outdoor storage of vehicles being repaired. 7. No amplified sounds or loudspeakers outside the building. 8. Any Automobile/Vehicle washing or detailing shall be done in compliance with applicabie water pollution control standards. Page 4 of 9 " ~ o~~ A Zoning Clearance form shall~ document the compliance of the use with the above requirements and shall be kept on file in the Community Development Department for the duration of the operation of the use. B. Minor Use Permit. A proposed use that does not meet the requirements for approval by a Zoning Clearance under subsection A of this section shall require approval of a Minor Use Permit under Chapter 8.102 (Minor Use Permit). 8.34.090 Action. A. The decision maker for Scarlett Court Overlay Zoning District Site Development Review applications shall be the Director of Community Development (or his/her designee); except as provided in Section 8.34.060, Concurrent Consideration, of this Chapter. The Director of Community Development may, based on evidence in the public record, and on the findings above, make an administrative decision to approve, conditionally approve, or deny a Scarlett Court Overlay Zoning District Site Development Review application. B. The decision maker for a Zoning Clearance or Minor Use Permit, in compliance with the Scarlett Court Overlay Zoning District, shall be as specified by Chapter 8.102 (Minor Use Permit) and Chapter 8.116 (Zoning Clearance). 8.34.100 Amendment. ~ ` A. The process for amending a Scarlett Court Overlay Zoning District Site . ~ Devebpment Review approval shall be the same as the process for approving a' Scarlett Court Overlay Zoning District Site Development Review application. The decision-maker for the Scarlett Court Zoning District Site Development Review. amendment shall be the same decision-maker that ultimately approved the Scarlett Court Zoning District Site Development Review including approval on appeal. The. Community Development Director or his/her designee may grant a Scarlett Court Overlay Zoning District Site Development Review Waiver for applications approved by another decision-maker or body upon the determination ~ that the modification is a minor project and in accordance wifh Section 8.34.110, Waiver, to an approved Scarlett Overlay Zoning District Site Development Review. , B. The process for amending a Minor Use Permit in the Scarlett Court Overlay Zoning District shall be as stated in Section 8.102.080 (Minor Use Permit - Amendments). C. Zoning clearance approvals shall be amended through submittal and approva{ of a new application pursuant to Chapter 8.116 (Zoning Clearance). 8.34.110 Waiver to an approved Scarlett Court Overlay Zoning District Site Development Review. The Community Development Director or his/her designee may allow a minor change to an approved Scarlett Court Overlay Zoning District Site Development Review as a Waiver upon determining the following: A. The proposed change is in substantial conformance with the approved Scarlett Court Overlay Zoning District Site Development Review; B. The proposed change is minor in scope; Page 5 of 9 ~ ~J C. The proposed change is exempt~from or not otherwise subject to the California Environmental Quality Act; and D. The proposed change is consistent with the conditions of approval for the Scarlett Cou~t Overlay Zoning District Site Development Review and is substantially consistent with the Scarlett Court Design Guidelines. It is not the intent of this Chapter that a series of Scarlett Court Overlay Zoning District Site Development Review Waivers be used to circumvent the need for full and complete Scarlett Court Overlay Zoning District Site Development Review. 8.34.120 Waiver for a project that does not have an approved Scarlett Court Overlay Zoning District Site Development Review. The Community Development Director or his/her designee may allow a minor change to an existing site or building in the Scarlett Court Overlay Zoning District that does not have an approved Scarlett.Court Overlay Zoning District Site Development Review as a Waiver upon determining the following: A., The proposed change is minor in scope; ,. , B. The proposed change is CategoricaVly Exempt from the California Environmental Quality Act; and C. The proposed change is substantially consistent with the Scarlett Court Design ~Guidelines. Ifi is not the intent of this Chapter that a series of Scarlett Court Overlay Zoning District Site Development Review Waivers be used to circumvent ~the need for full and complete Scarlett Court Overlay Zoning District` "Site Development Review. . 8.34.130 , Scarlett Court Design Guidelines. The Scarlett Court Design Guidelines adopted by the City Council on May 1, 2007 by Resolution 54-07, and as may be amended thereafter, shall be used to guide the review of Scarlett Court Overlay Zoning Disfrict Site Development Review applications. 8.34.140 Building Permits. Building Permits shall not be issued except in accordance with ~ the terms and conditions of the Scarlett Court Overlay Zoning District Site ~ Devefopment Review approval. 8.34.150 Ocdinary Maintenance and Repair. Nothing in this section shall be construed to prevent the ord'+nary maintenance or repair of any existing exterior architectural feature on any property in the Scarlett Court Overlay Zoning District that does not involve a change in design, material, or exterior appearance and when such maintenance or repair is conducted in accordance with Chapter 8.140, Non- conforming Structures and Uses. 8.34.160 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except.as otherwise provided in this Chapter. Page 6 of 9 ~ a5 Section 4: Chapter 8.116 (Zoning Clearance) is hereby amended to read as follows: CHAPTER 8.116: ZONING CLEARANCE 8.116.010 Purpose. The purpose of this Chapter is to establish a procedure for certifying • conformance of a Building Permit, Sign application, Recreational Facility (Indoor}, Large Family Day Care Home, or auto-related use in the Scarlett Court Overlay Zoning District 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. 8.116.020 Applications Requiring a Zoning Clearance. A. Building Fermit. 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 .Chapter 8.70 ~ (Recreational Facilities (Indoor)) . D. Large Family Day Care Homes that meet the standards specified in Chapter 8.66 (Large Family Day Care Homes). E: Automo.bileNehicle Brokerage; AutomobileNehicle Rental, AutomobilelVehicle:.: Repairs and Service, or Automobile/Vehicle Sales and Service use types that meet the standards speeified in Chapter 8.34 (Scarlett Court Overlay Zoning District). , . ~ 8.116.030 Application. . The Applicant sHall submit a complete application for a Building Permit for a structure or a sign, If the Zoning Clearance is for a Recreational Facility (Indoor), the Applicant shall submit a"Zoning Clearance for Indoor Recreational Facility" form along with such information requested on said form: If - ~ th~e Zoning Clearance is for an auto-related~use.noted above in the'Scarlett CoUrt~~' ~~° ~ Overlay Zoning District, the Applicant shalf submit a"Zoning Clearance for Auto- Related Uses in the Scarlett Court Overlay Zoning District" form along with such information requested on said form. If the Zoning Clearance is for a Large Family Day Care Home, the Applicant shall submit a"Zoning Clearance for Large Family Day Care Homes" form along with such information requested on said form. 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. Page 7 of 9 ~ ~ ~5 B. Signs. All signs identified in the Sign Regulations as requiring a Zoning Clearance shall be applied for and approved as in subsection A of this section, 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. D. Large Family Day Care Homes. All Large Family Day Care Homes shall be reviewed for compliance with Chapter 8.66 (Large Family Day Care Homes). The Zoning Clearance approval for Large Family Day .Care Homes shall be a completed "Zoning Clearance for Large Family Day Care Homes" form with the date and signature of the Community Development Director or his/her designee. Rev. Ord. 3-10 (February 2010); Ord. 15-09 (November 2009) -. E. Automobile/Vehicle Brokerage, AutomobileNehicle Rental, Automobile/ Vehicle Repairs and Service, or Automobile/Vehicle Sales and Service use types in the Scarlett Court Overfay Zoning District. Auto-related uses in the Scarlett ~:Court _ Overlay ~oning District shall . be reviewed for compliance with Chapter 8.34 ~` . (Scarlett Court Overlay Zoning District). The Zoning Clearance approval shall.be a completed "Zoning Clearance for Auto-Related Uses in the Scarlett Court Overlay . Zoning District" .form with.the date and signature of the Community Development ` Director or hislher designee. 8.116.050 Expir.ation 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), Large Family Day Care Home, or auto-related use in the Scarlett Court Overlay Zoning District shall expire when the use is no longer operational or the use is no longer in compliance with Chapter 8.34 (Scarlett Court Overlay Zoning District), Chapter 8:66 (Large Family Day Care Homes), or Chapter 8.70 (Recreational Facilities (Indoor). 4a,r_+inn 5• 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. Spr_fiinn fi~ 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 Page 8 of 9 ~ ~~~ date of this ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal. Section 7: 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 BY the City Council of the City of Dublin on this day of , 2011, by the following votes: AYES: ~ NOES:. . ,t . ABSENT: : :, :, . ;. : ABSTAIN: . . Mayor ATTEST: . City Clerk. G:\PA#\2011\PLPA-2011-00019 Scarlett Court ZOA\CC Mtg 05.17.11~,4tt 1- CC Ord.doc Page 9 of 9 SCARLETT COURT OVERLAY ZONING DISTRICT Chapter 8.34 CHAPTER 8.34 SCARLETT COURT OVERLAY ZONING DISTRICT ~a 8.34.010 Purpose. The purpose of this Chapter is to establish a procedure to ensure that all development in the Scarlett Court Overlay Zoning District is reviewed for substantial compliance with the Scarlett Court Design Guidelines and to ensure that ~roqosed uses in ~he area are reviewed for compliance with the apqrapriate devefopment standards and requlations. The intent of the Chapter is also a-pd-to A. Enhance the aesthetics the Scarlett Court Area; B. Guide the design of future development and improvements to reinforce the Scarlett Court Design Guidelines; and C. Improve the public realm to create a positive pedestrian experience, enhance the area's image, and create a unique sense of place. 8.34.~020 Applicability. The Scarlett Court Overlay Zoning District is a designation in addition to the. M-1 (Light Industrial),. G2 (General Commercial) Zoning District ~ that each property in .the area retains.- The standard Zoning District contains all information regarding' permitted and conditionally permitted uses, development standards, and regulations, while the Scarlett Court Overlay provides a mechanism to review development on any of the properties in the District for substantial compliance with the Scarlett Court Design Guidelines. 8.34.040030 Projects subject to compliance with this Chapter: A. New Construction. Any new construction or additions to an existing structure within the Scarlett Court Overlay Zoning District that alters the exterior appearance of the building. Internal tenant improvements are not subject to compliance with this Chapter. B. Exterior Modification of an Existing Structure. Any exterior modification of an existing structure located within the Scarlett Gourt Overlay Zoning District, including but not limited to, facade renovation, new and/or additional windows and doors, and roof or ground-mounted mechanical equipment.-. - C. Modification to Site Layout. Any modification to site layout or site improvements in the Scarlett Court Overlay Zoning District, including but not limited to, parking, walls and fencing, cireulation, landscaping, accessory structures, or trash enclosures. D. Signage. Installation of new signage or replacement of sign copy in the Scariett Court Overlay Zoning District. E. Auto-related uses in the Scarlett Court Overlav Zoninq District. Auto-related uses requirinq either a Zoninq Clearance or Minor Use Permit in the Scarlett Court Overlav Zonina District in accordance wi#h Cha~ter 8.12 tZonin~ Districts and Permitted Uses af Land). I City of Dublin Zoning Ordinance 34-1 ~ae~~~tbe+=-~4}~7June, 2011 ATTACHMENT 2 SCARLETT COURT OVERLAY ZONING DISTRICT Chapter 8.34 8.34.8~0040 Application. The Applicant shall submit the fol(owinq, as appropriate: ?~ ~~S A. A complete Zoning Clearance or Minor Use Permit application, in compliance with Chapter 8.12 (Zoninq Districts and Permitted Uses of Land~, Chapter 8.102 (Minor Use Permit), or Chapter 8.116 (Zoninq Clearance), as appro~riate; or, B. Unless waived in accordance with Section 8.34.110, a complete Site Development Review application pursuant to Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee and such materials as are required by the Director of Community Development. ~ 8.34.~~050 Notice Of Decision. A Notice of Decision shall be given consistent with Chapter 8.132, Notice and Hearings. No public hearing is required for Scarlett Court Overlay Zoning District Site Development Review unless the application is being considered is a permit which requires a public hearing pursuant to Chapter 8.132. I 8.34.9~0060 Concurrent Consideration.. When a Scarlett Court Overlay Zoning District Site Development Review is required for a project that is also subject to a Conditional Use Permit and/or Variance, it shall be approved, conditionally approved, or denied by the same decision'=maker_or body fo~ those actions. ' 8.34.98A070 Required Findings. ', A. The following findings shall all be made in order to~ approve an applicafion for Scarlett Court Overlay Zoning District Site Development Review: ~1. Approval of the application is consistent with the purpose and intent of this Chapter.- .. 8:2. Any approval complies with the policies of the General Plan, with any applicable Specific Plans, with the development regulations or performance standards established for the standard Zoning District in which it is located, and with all other requirements of the Zoning Ordinance. G3. The approval will not adversely affect the health or safety of persons . ~ ~. residing or working in the vicinity;.or be detcirnental to the public.health, safety and general welfare. ~:4. The design of the project will provide a desirable environment for the development and an attractive environment for the public. ~-:5. The project is in substantial compliance with the applicable chapters of the Scarlett Court Design Guidelines. B. The findings for approval #or a Minor Use Permit in the Scarlett Court Uverlay Zoninq District shall be as specified in Section 8.102.06~ (Minor Use Permit - Required Findinqs). 8.34,080 Permittinc~ Procec~urss. I City of Dublin Zoning Ordinance 34-2 , ~e~b~~2-0(-~June, 2011 '~ ~i~~ SCARLETT COURT OVERLAY ZONING DIS-TRICT Chapter 8.34 A. . Zaninq Clearance. Uses requirinq a Zoninq Ciearance in compli~ance with Chapter 8.12 (Zoning Districts ~nd Permitted Uses of Land) shall be approved ministeriailv ~~th a Zoning Clearance and without discretionary review or a pubiic hearinq if it meets the following standards: 1. Meets all Development Standards and Regul~tions for the Zoninq District in which it is located and an~other applicable provisions of the City Code or regulations ineluding oecupancy, accessibility, California Buifding Code, and Fire Code requirements. ~ 2. Meets the parkinq requirernent for the use ty~e in accordance with the requirements of Section 8.76:080 {Parkinq ReQuirements bv Type) without any adjustments, reductions ar variances. 3. The use auaiifies fior an exem~tion for environmental review under the California Environmental Quafity Act {C~QA~ 4. The hours of operation are no earlier than 7:00 a.m. and no later than 10:00 ', p.rn. for Automobile/Vehicle Sales an~ no earlier than 7:00 a.m. and no later thari 7:00 p.m. for Automobile/Vehicle Service or Repair: 5. All service and/or repair work shall be conducted ir~side the buildin 6. No outdoor storaqe of vehicles being repaired. 7. No amplified sounds or loudspeakers oufside the buildinq. 8. Any AutomobileNehicle washing or detailirig shall be done 'rn comp{'sance with a~plicable water pollution contral standards. A Zoninq Clearance farm shall documer~t the compliance of the use with the above requirements and shall be kept on file i~ the Communitv Devefopment Department far the duratian of the o~era#ion of the use. . B. ~linor Use Permit. A proqosed use that does not meet the requirements for approval by a Zoning C4earance under subsection A of this section shaN requi ~' `~ ao~iroval of a Minor Use Permit under Chai~ter 8.102 (Minar~Use Permitl. 8.34.090 Action. A. The decision maker for Scarlett Court Overlay Zoning District Site Development Review applications shall be the Director of Community Development (or his/her designee), except as provided in Section 8.34.8~8060, Concurrent Consicieration, of this Chapter. The Director of Community Development may, based on evidence in the public record, and on the findings above, make an administrative decision to approve, conditionally approve, or deny a Scarlett Court Overlay Zoning District Site Development Review application. I City of Dublin Zoning Ordinance 34-3 ~J~av~b~~~June, 2011 ~ SCARLETT COURT OVERLAY ZONING DI~RICT Chapter 8.34 ~. The decision maker for a Zoning Clearance or Minor Use Permit, in comqliance with the Scarlett Court Overlav Zoning District, shall be as specified by Chapter 8.102 (Minor Use Permit) and Chapter 8.116 (Zoninq Clearance). 8.34.100 Amendment. A. The process for amending a Scarlett Court Overlay Zoning District Site Development Review approval shall be the same as the process for approving a Scarlett Court Overlay Zoning District Site Development Review application. The decision-maker for the Scarlett Court Zoning District Site Development Review amendment shall be the same decision-maker that ultimately approved the Scarfett Court Zoning District Site Development Review including approval on appeal. The Community Development Director or his/her designee may grant a Scarlett Court Overlay Zoning District Site Development Review Waiver .for applications approved by another decision-maker or body upon the determination that the modification is a minor project and in accordance with Section 8.34.110, Waiyer; to an approved Scarlett Overlay Zoning District Site Development Review. ~. The process f Zoninq Districi Amendments). ~oninq ciearance ~ new application au Waiver to an approved Scarlett Court Overlay Zoning District Site Development Review. The Community Development Director or his/her designee may allow a minor change to an approved Scarlett Court Overlay Zoning District Site Development Review as a Waiver upon determining the following: ~ The proposed change is in substantial conformance with the approved Scarlett Court Overlay Zoning District Site Development Review; The proposed change is minor in scope; The proposed change is exempt from or~not otherwise~~subject~to the California Environmental Quality Act; and D. The proposed change is consistent with the conditions of approval for the Scarlett Court Overlay Zoning District Site Development Review and is substantially consistent with the Scarlett Court Design Guidelines. It is not the intent of this Chapter that a series of Scarlett Court Overlay Zoning District Site Development Review Waivers be used to circumvent the need for full and complete Scarlett Court Overlay Zoning District Site Development Review. 8.34.120 Waiver for a project that does not have an approved Scarlett Court Overlay Zoning District Site Development Review. The Community Development ior Use. Permit in the Scarlett Court Overla ~II be as stated in Section 'f ~rovals shall be amended through su to C City of Dublin Zoning Ordinance 34-4 ~ll~vex~be~~9Q~J u ne. 2011 ~ ~~ a5 SCARLETT COURT OVERLAY ZONING DIS~ICT. Chapter 8.34 Director or his/her designee may allow a minor change to an existing site or building in. the Scarlett Court Overlay Zoning District that does not have an approved Scarlett Court Overlay Zoning District Site Development Review as a Waiver upon determining the following: A. The proposed change is minor in scope; B. The proposed change is Categorically Exempt from the California Environmental Quality Act; and C. The proposed change is substantially consistent with the Scarlett Court Design Guidelines. It is not the intent of this Chapter that a series of Scarlett Court Overlay Zoning District Site Development Review Waivers be used to circumvent the need for full and complete Scarlett Court Overlay Zoning District Site Development Review. 8.34.130 Scarlett Court Design Guidefines. The Scarlett Court~ Design Guidelines adopted by the City Council on May 1; 2007 by Resolution 54=07, and as may be , amended thereafter, shall be used to guide the review of Scarlett Court Overlay - :Zoning District Site Development Review~°applications. : ~ . 8.34.140 Building Permits. Building Permits shall not be issued except in accordance with the terms and conditions of the Scarlett Court , Overlay ,Zoning District Site Development Review approval. 8.34.150 Ordinary Maintenance and Repair. Nothing in this section shall be construed to . ` ~ prevent fhe ordinary maintenance or repair of any existing exterior architectural feature on any property in the Scarlett Court Overlay Zoning District that does not ~ inVolve a change in design, material, or exterior appearance and when such maintenance or repair is conducted in accordance with Chapter 8.140, IVon- conforming Structures and Uses. 8.34.160 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except as otherwise provided in this Chapter.. .. . , . _ ,. . . ~. ~ . ~ _ , . . _ ... , City of Dublin Zoning Ordinance 34-5 ~~~~40~June, 2011 ~`~~ OF DU~~2 //J/~ ~~\ 19 C~=' =ir~ 82 ~`v~~.~/l ~~LIFO~~~~ DATE: April 26, 2011 TO: Planning Commission ; SUBJECT: PUBLIC HEARING - PLPA-2011-00019 Scarlett Court Zoning Ordinance Amendments (Legislative) - Amendments to the Dublin Municipal Code related to the Scarlett Court Overlay Zoning District (Chapter 8.34) Report prepared by Kristi Bascom, Principal Planner EXECUTIVE SUMMARY: One of the high priority Economic Development Goals and Objectives for the 2010-2011 Fiscal Year is to examine appropriate locations to permit automotive repair businesses within the City. Staff has been identifying locations in the City where additional auto-related uses would be appropriate, and has drafted changes to the Zoning Ordinance to facilitate their development. Staff is proposing amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to the Scarlett Court Overlay Zoning District. The proposed amendments would allow auto-related uses in the Scarlett Court Overfay Zoning District by means of a Zoning Clearance or Minor Use Permit. The amendments include modifications to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.34 (Scarlett Court Overlay Zoning District), and Chapter 8.116 (Zoning Clearance). RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution recommending that the City Council adopt an Ordinance approving Amendments to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8.34 (Scarlett Court Overlay Zoning District), and Chapfer 8.116 (Zoning ~Clearance) of the Zoning Ordinance for auto-related uses in the Scarlett Court Overlay Zoning District. ~ ` ' ~ ~5~-.~- Submitted By Principal Planner COPIES TO: File Page 1 of 6 G:IPA#120111PLPA-2011-00019 Scarlett Court ZOAIPCSR SC ZOA.doc STAFF REPORT ~~ ~ ~~ PLANNING COMMISSION . ~ ~ evie y Plannin anager f , .,~ - ~ - - ATTACHMENT 3 DESCRIPTION: . ~(o~~.~ ~~~~~~-~un~ One of the high priority Economic Development Goals and Objectives for the 2010-2011 Fiscal Year is to examine appropriate locations to permit automotive repair businesses within the City. As areas that have traditionally accommodated auto-related uses such as auto repair, sales, and service transition to other types of more-intensive development, City Staff have been examining locations where it would be feasible to encourage auto-related uses to re-establish. Staff has been identifying locations in the City where additional auto-related uses would be appropriate, and has drafted changes to the Zoning Ordinance to facilitate their development. The Scarlett Court area is a logical area due to the number of auto-related uses already in operation. This area is zoned IVI-1 (Light Industrial) except for a portion of one parcel, as shown below. Staff recommends amending the Zoning Ordinance to remove the requirement for auto-related uses to be permitted by a Conditional Use Permit approved by the Planning Commission and instead allow them to be permitted by means of a Zoning Clearance or Minor Use Permit within the Scarlett Court area. ~ ~ ~: .~ ~: ~ ~. ~ : - , ,~i~ALVSIS: The proposed Zoning Ordinance Amendments would establish development standards and allow auto-related uses in the Scarlett Court area with approval of a Zoning Clearance or a Minor Use Permit. The City has used this approach for several different use types in recent years, including Indoor Recreational Facilities and Large Family Daycares, with the intent of facilitating the quicker processing of certain applications. This will allow auto-related uses in the Scarlett Court area, which should have minimal impacts to surrounding uses based on the proliferation of existing auto-related uses, a shorter planning review time and a lower up-front cost to the Applicant. 2 of 6 Staff is proposing changes to three chapters of the Zoning Ordinance: Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.34 (Scarlett Court Overlay Zoning District), and Chapter 8.116 (Zoning Clearance). ( `' ~Q.~ ~,, The City Council Ad Hoc Economic Development Committee reviewed the proposed Zoning Ordinance Amendments to require a Zoning Clearance or Minor Use Permit instead of the current requirement for a Conditional Use Permit approved by the Planning Commission. The Economic Development Committee concurred with the proposed Zoning Ordinance amendments as discussed below. Chapter 8.12 (Zoning Districts and Permitted Uses of Land) Staff is proposing to amend Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) to note that auto-related uses are permitted in the portion of the M-1 Zoning District that is located in the Scarlett Court Overlay Zoning District, by means of a Zoning Clearance or Minor Use Permit. The .Permit requirements for auto-related uses in other zoning districts would not change. The following rows of the "Land Use Matrix" table in Section 8.12.050 are proposed to be amended as follows (the underlined text is new): . COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 ' M-2 AutorriobileNehicle - - - - P P P P - - ~ - B~okera e . - , ~ ~ ZC/MUP' Automobile/Vehicle Rental - - - - - - - P - : C/PC: - ZC/MUP' Automobile/Vehicle Repairs - - - - - - -' P - C/PC - and Service ZC/MUP' AutomobileNehicle Sa1es - - - - - - - C/PC - C/PG ~ - and Service ~ ZC/MUP' ' Permitted with a Zoning Clearance/Minor Use Permit in the Scarlett Court Overlav Zoninq Distnct. ,. The means of permitting an Automobile/Vehicle Storage Lot is not proposed to change. This use type will 'still require a Conditional Use Permit approved by the Planning Commission in any M-1 (Light Industrial) Zoning District. ~ Sections 2. of the draft Ordinance, which is included as Exhibit A to Attachment 1 of this Staff Report, shows the amended Section 8.12.050 in its final form, with all of the changes incorporated. Chapter 8,34~(Scarlett Court Overlay Zoning District) ~ Staff is proposing to amend Chapter 8.34 to note that the auto-related uses noted above will be permitted with approval of a Zoning Clearance or a Minor Use Permit in the M-1 (Light IndustriaV) Zoning District if the property is in the Scarlett Court Overlay Zoning District. The main change to the Chapter is the proposed addition of Section 8.34.080 (Permitting Procedures), which describes the standards for approving Zoning Clearances and Minor Use Permits, as follows: 8.34.080 Permitting Procedures. A. Zoning Clearance. Uses requiring a Zoning Clearance in compliance with Chapter 8.12 (Zoning Districts and Permitted Uses of Land) shall be approved ministerially with a Zoning Clearance and without discretionary review or a public hearing if it meets the following standards: 3 of 6 1. Meets all Development Standards and Regulations for the Zoning District in which it is located and any other applicable provisions of the City Code or regulations, including occupancy, accessibility, California Building Code, and Fire Code requirements. ~~ ~~ ~ 2. 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. 3. The use qualifies for an exemption for environmental review under the California Environmental Quality Act (CEQA). 4. The hours of operation are no earlier than 7:00 a.m. and no later than 10:00 p.m. for AutomobileNehicle Sates and no earlier than 7:00 a.m. and no later than 7:00 p.m. for Automobile/Vehicle Service or Repair. 5. All service and/or repair work shall be conducted inside the building. 6. No outdoor storage of vehicles being repaired. 7. No amplified sounds or loudspeakers outside the building._, R: ` ~~:8 ~Any Automobile/Vehicle washing or detailing, shall be done~~in coi~npliance .with' ` applicable water pollution control standards. A Zoning Clearance form shall document the compliance of the use with the above .. requirements'and shall be kept on file in the Community Development Department for the. duration of the operation of the use. B., Minor, Use Permit. A proposed use that does not meet the requirements for approval by a Zoning Cleararice under subsection A of this section shall require approval of a Minor Use Permit under Chapter 8.102 (Minor Use Permit). Section 3 of the draft Ordinance, which is included as Exhibit A to Attachment 1 of this Staff Report, shows the amended Chapter 8.34 in its final form, with all of the changes incorporated: Attachment 2 to this Staff Report is the amended Chapter 8.34, showing text additions and deletions in underline and strikeout. ~ ~ . ~ ~ °~~ - Chapter 8.116 (Zoning Clearance) Staff is proposing amendments to this Chapter of the Zoning Ordinance to note that the following types of uses are now subject to a Zoning Clearance: Automobile/Vehicle Brokerage, Automobile/Vehicle Rental, Automobile/Vehicle Repairs and Service, or Automobile/Vehicle Sales and Service use types that meet the standards specified in Chapter 8.34 (Scarlett Court Overlay Zoning District). Section 4 of the draft Ordinance, which is included as Exhibit A to Attachment 1 of this Staff Report, shows the amended Chapter 8.116 in its final form, with all of the changes incorporated. 4of6 NOTICING REQUIREMENTS/PUBLIC OUTREACH: F~~ a C ~ ,7 In accordance with State law, a public notice was published in the Valley Times and posted at several locations throughout the City. A notice of this hearing was mailed to all property owners and tenants in the Scarlett Court Overlay Zoning District, to those within 300 feet of the subject area, and to those requesting such notice, ten days before the hearing. The Staff Report and attachments were made available for public review prior to the public hearing in accordance with Government Code Sections 65090 and 65091. Additionally, Staff solicited input on the proposed Zoning Ordinance Amendments from all affected properties within the Scarlett Court Overlay Zoning District. A letter outlining the proposed chances was sent to all property owners, and no comments were received. Staff met with one of the property owner representatives to discuss the proposed changes, and Staff received support for the proposed changes. ENVIRONMENTAL REVIEW: The project has been found to be exempt from the California Environmental Quality Act (CEQA), according to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the amendments to Title 8(Zoning Ordinance) of the Dublin Municipal Code (Zoning Ordinance) may have a significant effect on the environment. ATTACHMENTS: ,: - ; ~ 1~) 2) Resolution recommending that the City Couneil adopt an :-..- ~ Ordinance approving Amendments to Chapters 8.12 (Zoning Districts and Permitted Uses), 8.34 (Scarlett Court Overlay Zoning District), and 8.116 (Zoning Clearance) of the Zoning < Ordinance for auto-related uses in the Scarlett Court Overlay Zoning. District, with the draft Ordinance included as Exhibit A. Amended Chapter 8.34 of the Zoning Ordinance (with proposed additions and deletions shown). ~ .. 5 of 6 GENERAL INFORMATION: ~ ~~ ~ PROPERTY OWNERS: Multiple . APPLICANT: City of Dublin LOCATION: Scarlett Court Overlay Zoning District (All properties on Scarlett Drive and Scarlett Court and properties on the south side of Dublin Boulevard between Dougherty Road and the Iron Horse Trail) ZONING: M-1 (Light Industrial), with one parcel partially zoned C-2 (General Commercial). GENERAL PLAN LAND USE DESIGNATION: Business Park/Industrial, with one parcel designated Retail/Office and Automotive SPECIFIC PLAN/ . LAND USE DESIGNATION: n/a SURROUNDING USES: . ::, - . Varied :, ...: ~ -. :.:;:;:.. . 6 of 6 DR.AFT DRAFT Cm. Schaub was concerned that so of the members of the current Commission would not be members when this issue came again and wanted to make it clear that the environmental review is an obstacle that nee to be acldressed. ~ ~ ~~~~ On a motion by Vice C r Wehrenberg, seconded by Cm. Schaub the minutes of the April 12, 2011 meeting were ap oved as amended. )RAL COMMU; CATIONS - NONE CONSENT C~LENDAR - NONE f~COMMUNICATIONS - NONE PUBLIC HEARINGS - 8.1 ZOA-2011-001 Scarlett Court Zoning Ordinance Amendments (Legislative) - Amendments to the Dublin Municipal Code related to the Scarlett Court Overlay Zoning District (Chapter 8.34) Kristi Bascom, Principal Planner, presented the project as outlined in the Staff Report. Cm. Schaub asked to clarify the area that the .Ordinance will cover. Ms: Bascom indicated the area outliried by a red dash on :the map. She stated fhat the only properties affected are those that front onto Scarlett Drive or Scarlett Court. Cm. Schaub felt the Commission should indicate the reason a.project is exempt from CEQA in their action. Ms. Bascom answered that Staff must indicate whether or not the project is in compliance with certain standards on the Zoning Clearance application and if the project is exempt from CEQA they must note the CEQA section that applies. Cm. Schaub asked why there is a restriction on the hours of business and asked if the City needs that regulation. He asked if that restriction would hinder small businesses. Ms. Bascom answered that the business hour restriction is intended that the auto sales hours would be from 7:OOam to 10:OOpm and that service hours would be from 7:OOam to 7:OOpm. , She continued that service tends to be noisier, with more impacts to surrounding businesses. She stated that a typical auto service center's hours are 7-5, 7-6, 7-7; typically not working later. She continued that if the business wanted to have earlier or later hours, they would need to obtain a Minor Use Permit, not a Zoning Clearance. Chair Brown asked why a vehicle brokerage is different from an auto sales/service facility and does it require a CUP. Ms. Bascom explained that a vehicle brokerage is considered an office use where most sales are done on the internet or by phone and they dori t keep a fleet of cars on site; it does not require a Fz'Crann~nq ('raxrrrrrssacg*z ~'~r~r~~sr ~•.fet t tr~,g ~~r;~t'i "ti; ~~11 73 ATTACHMENT 4 DRAFT DRAFT CUP. She continued that a brokerage is permitted in all Commercial Zoning districts by right, but had been prohibited in the light industrial zoning district. She stated that since this Scarlett Court Zoning Ordinance is geared towards auto sales and service it was logical to include auto brokerages. ~ o2~j ~ Chair Brown asked if there are any brokerages in the area currently. Ms. Bascom answered no, there are none because they were prohibited in the M1 Zoning District; therefore, this Ordinance will allow something that is currently not allowed. Chair Brown asked how would the Minor Use Permit/Zoning Clearance (MUP/ZC) process impact signage/lighting issues within the district. Ms. Bascom answered that the signage requirements and the permitting process for signs would not change. She stated the proposed changes apply only to the use itself and it wouldn't change how signs and lighting are reviewed. Cm. O'Keefe asked if there is a demand for this type of business in the area. Ms. Bascom referred the question to the property,, owner's representative in attendance. She stated that in the past there have been applications for auto-related uses in the Scarlet Court area; soine have had easier times than others going through the approval process. She stated it was difficult to say what the demand is in the area but felt it would be easier to lease space if the application & review process was more streamlined. Chair Brown opened the public hearing. Doreen Green, Manager of Busick-Gearing Properties, spoke in support of the proposal. She felt that any additional uses they can have in the area would help fill the vacant spaces. She felt the area should be for automotive and is in full support of the proposal passing. Chair Brown closed public hearing. Cm. O'Keefe was in support of the project. Vice Chair Wehrenberg was also in support of the project. Cm. Bhuthimethee was in support of the project and liked that the process will be streamlined. Cm. Schaub was in support of the project. On a motion by Vice Chair Wehrenberg and seconded by Cm. O'Keefe, on a vote of 5-0, the Planning Commission unanimously adopted: RESOLUTION N0.11-15 ~'C~snrti~c~ (,'ommz~savaz '4~riC~h, 2tJ.TX ~~~pu~=r ~iteetirrq 74 DRAFT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN p'~~.~j DRAFT RECOMMENDING THAT THE CITY COUlVCIL ADOPT AN ORDINANCE APPROVING AMENDMENTS TO CHAPTERS 8.12, 8.34, AND 8.116 OF THE ZONING ORDINANCE RELATED TO AUTO-RELATED USES IN THE SCARLETT COURT OVERLAY ZONING DISTRICT ZOA-2011-001 NEW OR UNFII~SHED BUSINESS - NONE OTHER BUSINE Vice Chair Wehrenberg~tated there have been a lot f emails and discussion regarding projects that may have been appealed to City Council. Sh felt that the Planning Corrimission has been ~ consistent regarding large ~,ED signs. She aske if the Plannirig Commission could encourage the City Council to review and discuss enacti regulations/processes regardirig these types of ~ large signs before another application is sub itted. ~ ' ~ ~ Mr. Baker answered that all read'er boar signs require a Conditional Use Permit (CUP) which would come to the Planning Commi ion for approval. He continued that creating policies regarding these signs would be a de sion initiated by the City Council. The City Council will review the minutes which will incl de the statements by the Commission regarding policies for LED signs. ~ Cm. Schaub stated he has res rched code~ planner in one city that has ery workable ~ He felt that the concept f"readable out signage. He stated that a Green City, the be dealt with. He felt ~ was important to ~ lighting in the future. 80 different areas of the country and talked with a licies that the City could adopt for future projects. or lighting" is more about lighting than about i and power consumption of LED signs needs to to \ow to manage these types of signs/outdoor Cm. Schaub felt t ere is a lot `of information that n~eds to be learned to make an informed decision regardi g these types of signs/lighting. \ Vice Chair W hrenberg felt it was difficult to have an op ion unless an engineered lighting study is req red so that the Commission can understand mor of the issue. Mr. Baker stated that in the absence of adopting policies the dire ion; comments and feedback received from the Commission at the last meeting would help in evaluating future projects barring any development of policies in the meantime. Chair Brown asked if there is a qualified lighting engineer on Staff. - -- -- - - __ __ _ ~i'kerzning C;ontn<asrfs}r~ ~~~a.>rif,?ri; 2~.f 1 ~~~'~~r ;~~n~=tira,r~ 7S a~ a~ RESOLUTiON NO. 11-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING AMENDMENTS TO CHAPTERS 8.12 (ZONING DISTRICTS AND PERMITTED USES), 8.34 (SCARLETT COURT OVERLAY ZONING DISTRICT), AND 8.116 (ZONING CLEARANCE) OF THE ZONING ORDINANCE FOR AUTO-RELATED USES IN THE SCARLETT COURT OVERLAY ZONING DISTRICT PLPA-2011-00019 WHEREAS, one of the high priority Economic Development Goals and Objectives for the 2010-2011 Fiscal Year is to examine appropriate locations to permit automotive repair businesses within the City; and WHEREAS, .the City Council has .directed Staff to identify locations in the City where additional auto-related uses would be appropriate, and to identify changes to the Zoning Ordinance to facilitate,their development; and . WHEREAS, amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to the Scarlett Court Overlay Zoning District will allow auto-related uses in the Scarlett Court Overlay Zoning District by means of a Zoning Clearance or Minor Use Permit; and WHEREAS, the project is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3) because the amendments to Title 8(Zoning Ordinance) of the Dublin Municipal Code do not have the potential #or causing a significant effect on the environment; and WHEREAS, the Planning Commission did hold a public hearing on the proposed modifications on April 26, 2011, for which proper notice was given in accordance with California State Law; and . WHEREAS, the Planning Commission at its.April 26, 2011, 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 Zoning Ordinance Amendment is consistent with the Dublin General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council approve the proposed Zoning Ordinance Amendments, as described in Exhibit A to this Resolution. ATTACHMENT 5 ' ~~ ~,~s PASSED, APPROVED AND ADOPTED this 26th Day of April 2011 by the following votes: ~ AYES: Brown, Wehrenberg, Schaub, O'Keefe, Bhuthimethee NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Planning Manager G:IPA#120111PLPA-2011-00019 Scar/ett Court ZOAIPC Att 1- Reso.DOC 2