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HomeMy WebLinkAboutPC Reso 20-07 Amendments to DMC Repealing Ch 8.66 and Amending Ch 5.60, 8.08, 8.12, 8.16, 8.20, 8.40, 8.64, 8.76, 8.102,8.104,8.116,8.124RESOLUTION NO. 20-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO THE DUBLIN MUNICIPAL CODE REPEALING CHAPTER 8.66 AND AMENDING CHAPTERS 5.60, 8.083 8.12, 8.16, 8.20, 8.4018.64, 8.76, 8.1023 8A0418.116, AND 8.124 EFFECTIVE CITY-WIDE PLPA-2020-00005 WHEREAS, Staff inated amendments to the Dublin Municipal Code to clarify, add or amend certain provisions to ensure that the Dublin Municipal Code complies with State law and remains internally consistent, and relevant to changes occurring in the community; and WHEREAS, amendments are proposed. to Dublin Municipal Code Chapters 5.60 (Heritage Trees); 8.08 (Definitions); 8.12 (Zoning Districts and Permitted Uses of Land); 8.16 (Agricultural Zoning District); 8.20 (Residential Zoning Districts); 8.40 (Accessory Structures); 8.64 (Home Occupations Regulations); 8.66 (Large Family Day Care Homes); 8.76 (Off -Street Parking and Loading Regulations); 8.102 (Minor Use Permit); 8.104 (Site Development Review); 8.116 (Zoning Clearance); and 8.124 (Applications, Fees and Deposits); and WHEREAS, the proposed amendments relate to compliance with State law requirements for Large Family Day Care Homes (Senate Bill 234), minor amendments to procedures for heritage tree permits, existing definitions for office use, flag pole regulations, reduction of parking regulations and site development review for fencing, walls and condominium conversions, the addition of an application abandonment policy and amendments to expand upon allowed uses in the Industrial zoning districts; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the Planning Commission recommends that the City Council find this project exempt from the requirements %J CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments to the Dublin Municipal Code will not have a significant effect on the environment; and WHEREAS, the Planning Commission held a public hearing on the said application on April 28, 2020; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, a Staff Report dated April 28, 2020 was submitted to the City of Dublin Planning Commission recommending City Council approval of the proposed Municipal Code Amendments; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 28t" day of April 2020 by the following vote: AYES: Mlttan, Benson, Thalblum, Kothoil iI Wright ABSENT: ABSTAIN: ATTEST: Assi C rig Commission Chair 2of2 ORDINANCE NO. XX-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO THE DUBLIN MUNICIPAL CODE REPEALING CHAPTER 8.66 AND AMENDING CHAPTERS 5.60, 8.08, 8.12, 8.16, 8.20, 8.40, 8.64, 8.76, 8.102, 8.104, 8.116, AND 8.124 EFFECTIVE CITY-WIDE PLPA-2020-00005 WHEREAS, the City initiated amendments to the Dublin Municipal Code to clarify, add or amend certain provisions to ensure that the Dublin Municipal Code complies with State law and remains internally consistent and relevant to changes occurring in the community; and WHEREAS, amendments are proposed to Dublin Municipal Code Chapters 5 5.60 (Heritage Trees); 8.08 (Definitions); 8.12 (Zoning Districts and Permitted Uses of Land); 8.16 (Agricultural Zoning District); 8.20 (Residential Zoning Districts); 8.40 (Accessory Structures); 8.64 (Home Occupations Regulations); 8.66 (Large Family Day Care Homes); 8.76 (Off -Street Parking and Loading Regulations); 8.102 (Minor Use Permit); 8.104 (Site Development Review); 8.116 (Zoning Clearance); and 8.124 (Applications, Fees and Deposits); and WHEREAS, the proposed amendments relate to compliance with State law requirements for Large Family Day Care Homes (Senate Bill 234), minor amendments to procedures for heritage tree permits, existing definitions for office use, flag pole regulations, reduction of parking regulations and site development review for fencing, walls and condominium conversions, the addition of an application abandonment policy and amendments to expand upon allowed uses in the Industrial zoning districts; and WHEREAS, the Planning Commission held a duly noticed public hearing on the said application on April 28, 2020, during which all interested persons were heard, and adopted Resolution No. 20-xx recommending City Council adoption of the proposed Dublin Municipal Code Amendments; and WHEREAS, a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Dublin Municipal Code Amendments; and WHEREAS, the City Council held a public hearing on the proposed Dublin Municipal Code Amendments on at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: SECTION 1: Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that the Dublin Municipal Code Amendments are consistent with the Dublin General Plan and all applicable Specific Plans in that the amendments are necessary to comply with State law and are consistent with applicable land use regulations and development policies. SECTION 2: The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Pursuant to CEQA Guidelines Section 15061(b)(3), the City Council finds that the proposed project is exempt from environmental review because it can be seen with certainty that the amendments to the Dublin Municipal Code will not have a significant effect on the environment. The adoption of the proposed Ordinance does not, in itself, allow the construction of any building or structure, but sets forth amendments to the Dublin Municipal Code to ensure that it is consistent with State law as well as internally consistent and meeting the needs of the community. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or indirectly. SECTION 3: Section 5.60.060 A.5 (Application Fee) of Title 5 (Public Welfare) of the Dublin Municipal Code is hereby amended to read as follows: Application Fee. All applications shall be submitted with payment of a nonrefundable fee. An additional deposit may be required by the Director to retain a certified arborist to assist the city in assessing the condition of the trees; SECTION 4: The definitions in Section 8.08.020 (Definitions (A-Z)) of Title 8 (Zoning) of the Dublin Municipal Code are hereby amended to read as follows: Health Club/Fitness Center. 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 Industrial -Light (use type). The term Industrial -Light includes manufacturing, processing, assembly, research and development and storage uses conducted indoors, accessory restaurant and retail sales to serve the industrial area only, and other uses determined to be substantially similar to the above by the Director of Community Development. These uses must conform to the Industrial Performance Standards of this Title. Office - Professional/Administrative (use type). The term Office - Professional/Administrative shall mean an office or office building for the conduct of business, administration or professional services, where these activities do not include the manufacture, storage, display except for samples, or sale at retail of any merchandise on the premise, including but not limited to the following types of occupancy: accountant, advertising agency, architect, attorney, broker (stock and bond), business consultant, business management, call centers, collecting agency, computer and internet programming and services, data processing, employment agency, engineer, financial services, industrial management, insurance, landscape architect, loan agency, mortgage company, philanthropic or charitable organization, public utilities, real estate, sales representative, secretarial, telephone answering, travel agent, telecommuting center or other uses determined to be substantially similar to the above by the Director of Community Development. School - Commercial (use type). The term School - Commercial shall mean a private business, beauty, cooking, language or trade school of a nonrecreational nature, or other school which is determined to be substantially similar to the above by the Director of Community Development, and which charges a fee for attendance. Facilities which teach sports or recreation such as martial arts or gymnastics are addressed by the Recreational Facility/Indoor Use Type. Public schools and private schools which meet the requirements of the Compulsory Education Law of the State are addressed by the Community Facility Use Type. SECTION 5: Section 8.08.020 (Definitions (A-Z)) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to add the following definition: Commercial Kitchen (use type). The term Commercial Kitchen shall mean a commercial facility in which food is processed or otherwise prepared for off -site sale or consumption. Facilities may be shared among various food processors, producers, or preparers. This use type may include cooking and food handling instruction as an accessory use. Use types may include, but are not limited to, commissary kitchen and catering. SECTION 6: The following row and footnote in the table of Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 (Zoning) of the Dublin Municipal Code are hereby added to read as follows: COMMERCIAL A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 USE TYPE Commercial - - - - - - - - P P - Kitchen 4 Permitted in M-P, M-1, and M-2 zoning districts when use type is conducted entirely within a building and permitted with approval of an MUP when use type is not entirely conducted within a building. SECTION 7: The following rows in the table of Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 (Zoning) of the Dublin Municipal Code are hereby amended to read as follows: RESIDENTIAL A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 USE TYPE Cottage Food ZC/MU ZC/MU ZC/MU ZC/MU - - - - - - - Operations P P P P (see Chapter 8.65) Family Day Care Home/Large (up P P P P - - - - - - to 14 children) COMMERCIAL A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 USE TYPE Automobile/Vehi - - - - - - - P - C/PC - cle Rental ZC/MU (see Chapter P' 8.34) Automobile/Vehi - - - - - - - P - C/PC - cle Repairs and ZC/MU Service P' (see Chapter 8.34) Automobile/Vehi - - - - - - - C/PC - C/PC - cle Sales and ZC/MU Service P' (see Chapter 8.34) Commercial - - - - - - - - P P - Kitchen Health - - - - P P P P P - - Services/Clinics Office - - - - - P P P P P P - Professional/Ad ministrative School - - - - - - - P P P/MU P/MUP4 P/MU Commercial P4 P4 SECTION 8: Section 8.16.020.A (Use types permitted in A zoning district) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to read as follows: A. Use types permitted in A zoning district. Animal Keeping - Residential, Community Care Facility/Small, Garage/Yard Sale, Mobile Home, Single Family Residence, Small Family Day Care Home; Large Family Day Care Home; similar and related uses; temporary uses; and conditional uses. All Agriculture use types as shown in the Land Use Matrix require a Conditional Use Permit by the Zoning Administrator. SECTION 9: Section 8.20.020 (Residential Zoning District) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to read as follows: A. R-1 (Single Family Residential Zoning District). 2. Use types permitted in R-1 zoning district. Animal Keeping - Residential, Community Care Facility/Small, Garage/Yard Sale, Mobile Home, Single Family Residence, Small Family Day Care Home; Large Family Day Care Home; similar and related uses; temporary uses; and conditional uses. B. R-2 (Two Family Residential Zoning District). 2. Use types permitted in R-2 zoning district. Animal Keeping - Residential, Community Care Facility/Small, Duplex, Garage/Yard Sale, Mobile Home, Multi -Family Residence, Single Family Residence, Small Family Day Care Home; Large Family Day Care Home; similar and related uses; temporary uses; and conditional uses. C. R-M (Multi -Family Residential Zoning District). 2. Use types permitted in R-M zoning district. The use types intended for the R-M zoning district include Animal Keeping - Residential, Community Care Facility/Small, Duplex, Garage/Yard Sale, Multi -Family Residence, Single Family Residence; Small Family Day Care Home; Large Family Day Care Home; similar and related uses; temporary uses; and conditional uses. SECTION 10: Section 8.40.020 (Accessory Structures) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to read as follows: D. Requirements for Specific Accessory Structures that Apply City-wide. 2. Flag poles. Maximum height of 35 feet with a minimum 5 foot setback from any property line. Additional height may be authorized through Site Development Review approval by the Zoning Administrator. The maximum number of flag poles allowed per parcel or development, if comprised of multiple parcels, is as follows: Zoning District Max. Flag Poles Allowed Agricultural 1 Residential 1 Commercial 3 Industrial 3 Planned Development Subject to the regulations of the closest comparable zoning district SECTION 11: Section 8.40.030.E.5. (Home Occupations, Cottage Food Operations, Large Family Day Care Homes.) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to delete Large Family Day Care Homes to read as follows: E. Permitted Residential Accessory Uses. 5. Home Occupations and Cottage Food Operations. Home Occupations are subject to the provisions of Chapter 8.64 (Home Occupations Regulations) and Cottage Food Operations are subject to the provisions of Chapter 8.65 (Cottage Food Operations) SECTION 12- Section 8.64.050 (Exclusions) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to delete Section 8.64.050 B (Large Family Day Care Homes). SECTION 13: Chapter 8.66 (Large Family Day Care Homes) of Title 8 (Zoning) of the Dublin Municipal Code is hereby repealed. SECTION 14: Section 8.76.050 E (Parking Reductions For an Individual Use) of Title 8 (Zoning) is hereby amended to read as follows: E. Parking Reductions For An Individual Use. When a reduction of off-street parking is proposed because an applicant for a proposed use believes the number of parking spaces required for their use as specified in Section 8.76.080 is not applicable, because the use would function differently than the generic use type and associated parking standards established in this Chapter, the Community Development Director may grant a reduction in off-street parking requirements pursuant to Chapter 8.102, Minor Use Permit if: 1. The Minor Use Permit Findings can be made. 2. The Applicant submits a parking study prepared by a qualified consultant analyzing the parking demands of the proposed use and the parking demands of similar uses in similar situations, demonstrating that the required parking standards are excessive, and proposing alternate parking standards which are appropriate and ensure that there will not be a parking deficiency. 3. Overflow parking will not impact any adjacent use. SECTION 15: The following rows in the table of Section 8.76.080 B (Residential Use Types) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to read as follows: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Family Day Care Home/Large (up to 14) Not regulated SECTION 16: The following rows in the table of Section 8.76.080 C (Commercial Use Types) of Title 8 (Zoning) of the Dublin Municipal Code is hereby added to read as follows: COMMERCIAL USE TYPE NUMBER OF PARKING SPACES REQUIRED Commercial Kitchen 1 per 400 square feet SECTION 17: Section 8.102.060 (Required Finings) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to read as follows: 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 Regulations), which could include a parking reduction for an individual use or shared parking. SECTION 18: Section 8.104.020 B (Fences) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to read as follows B. Fences and Walls. Fences and walls that comply with the height limits provided in Section 8.72.080 in the R-1 or R-2 Zoning Districts or any Planned Development Zoning Districts which allow similar residential uses. SECTION 19: Section 8.104.040 A (Community Development Director) of Title 8 of the Dublin Municipal Code is hereby amended add Subsection 15 (Fences and Walls) to read as follows: 15. Fences and Walls. A fence or wall, in any zoning district, that exceeds the height limit of the district up to a maximum height of 12 feet. SECTION 20: Section 8.104.040 C (Planning Commission) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to add Subsection 5 (Condominium Conversion) to read as follows: 5. Condominium Conversion. Any condominium conversion shall also be reviewed in accordance with and subject to Chapter 8.54, Condo Conversion Regulations. SECTION 21: Section 8.116.020 (Applications Requiring a Zoning Clearance) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to delete Section 8.116.020.D (Large Family Day Care Home) and renumber subsequent sections. SECTION 22: Section 8.116.030 (Application) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to delete Section 8.116.030.D. (Large Family Day Care Homes) and renumber subsequent sections. SECTION 23: Section 8.116.040 (Approval) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to delete Section 8.116.040.D. (Large Family Day Care Homes) and renumber subsequent sections. SECTION 24: Section 8.116.050 (Expiration of Zoning Clearance) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to delete Section 8.116.050.D. (Large Family Day Care Home) and renumber subsequent sections. SECTION 25: Chapter 8.124 (Applications, Fees and Deposits) of Title 8 (Zoning) of the Dublin Municipal Code is amended to add Section 8.124.040 (Application Abandonment) to read as follows: 8.124.040 Abandonment of Application. A. If an applicant fails to make reasonable progress in either submitting the necessary information to deem a Planning application complete or responding to comments in order to move the application toward final action and the application becomes inactive for more than 90 days, the application may be considered abandoned and deemed withdrawn, without any further action by the City. B. The Community Development Director or designee may grant one or more 30-day extensions if he/she determines that circumstances unique to the project justify each extension. C. After the abandonment of an application, future City consideration shall require the submittal of a new, complete application and associated fees. SECTION 26: The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. SECTION 27: Effective Date and Posting of Ordinance. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its 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 , 2020, by the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor