Title
Staff Report for Proposed Amendments to the City of San Leandro Zoning Code Related to Increasing Flexibility in Industrial and Commercial Uses; Adding Community Gardens; Revising Regulations for Telecommunications, Hazardous Materials, Recycling, Signs, and Parking; Clarifying and Revising Planning Entitlement Processing; and Conducting General Text Updates in Zoning Code Article 3 Definitions; Article 5 Residential Districts; Article 6 Commercial and Professional Districts; Article 7 Industrial Districts; Article 8 Open Space District; Article 9 Public and Semipublic District; Article 16 Development Regulations; Article 17 Off-Street Parking and Loading Regulations; Article 18 Signs; Article 21 Zoning Permits Required, Environmental Review, Fees and Deposits; Article 22 Use Permits, Variances, and Parking Exceptions; Article 27 Amendments; and Article 28 Appeals
Staffreport
SUMMARY AND RECOMMENDATIONS
As the City of San Leandro continues its efforts to transform its industrial core into a center for innovation for the 21st Century and beyond, a need has arisen to adjust the City's Zoning Code to keep up with changing technologies and the latest land-use trends. In 2013, City staff began an extensive internal review of the Zoning Code to modernize the code, streamline the review process for new development, and increase flexibility. Concurrently, the Next Generation Workplace District Study was adopted by the City Council in October 2013. Staff also examined ways to streamline permit processing for uses in certain commercial districts as well as update and clarify definitions and regulations for Telecommunications Facilities, Hazardous Materials, Recycling, Signs, and Parking.
To accomplish these goals, a series of changes are proposed to the Use Regulations within Article 6 Commercial and Professional Districts and Article 7 Industrial Districts as well as Article 5 Residential Districts, Article 8 Open Space District, and Article 9 Public and Semi-Public District. Other proposed changes in Article 16 include adding regulations for Community Gardens; updating the City's parking requirements in Article 17 Off-Street Parking and Loading Regulations; and planning entitlement processing in Zoning Code Part V - Administration within Articles 21, 22, 27 and 28. Finally, Article 18 Signs has been reviewed and updated to provide clearer guidelines for signage.
This comprehensive set of changes were initially reviewed and commented upon at a January 2014 joint worksession with the Planning Commission and Board of Zoning Adjustments. After making revisions in response to the input, staff presented the changes for comment to the Board of Zoning Adjustments and then made a formal proposal to amend the code at a public hearing with the Planning Commission in April 2014.
At the April 17, 2014 meeting, the Planning Commission voted 5-0 to recommend approval of Resolution 2014-003PC, with four revisions to the staff proposal which have been incorporated into the attached Ordinance. Staff recommends that the City Council take public testimony on the proposed amendments and:
A. Adopt the findings that this item is exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines.
B. Adopt the Ordinance amending the City of San Leandro Zoning Code Article 3 Definitions; Article 5 Residential Districts; Article 6 Commercial and Professional Districts; Article 7 Industrial Districts; Article 8 Open Space District; Article 9 Public and Semipublic District; Article 16 Development Regulations; Article 17 Off-Street Parking and Loading Spaces Regulations; Article 18 Signs; Article 21 Zoning Permits Required; Article 22 Use Permits, Variances, and Parking Exceptions; Article 27 Amendments; and Article 28 Appeals.
BACKGROUND
In order to make San Leandro's industrial area a better place in which to work, the City seeks to encourage the development of more amenities such as restaurants, certain types of retail establishments, and other business-serving uses.
The proposed changes to the Zoning Code resulted from research into what other jurisdictions are doing with their Zoning Codes, as well as discussion with staff from Community Development, the City Attorney's office, the Police Department and Public Works, Environmental Services Section.
The full set of proposed Zoning Code changes can be found in the attached Ordinance, in Exhibits A through M (proposed amended Zoning Code Articles 3, 5, 6, 7, 8, 9, 16, 17, 18, 21, 22, 27, and 28.) Please note that the changes proposed to the Zoning Code text follow the protocol for formal ordinances, i.e. underline and bolded text represents new text proposed to the Zoning Code; strike-through text represents text to be eliminated.
Attached to this staff report is Exhibit A, Matrix of Use Classifications and Zoning Districts which shows in red font the proposed use changes in a summary table under each respective commercial and industrial zoning district. We've also included an Exhibit B, San Leandro Zoning Map for referencing the location of the various zoning districts.
Analysis
Article 3 Definitions, Amendments for General Clarification
A number of changes to the Zoning Code are proposed to clean up outdated language and for general clarification purposes. Please see the attached Ordinance, Exhibit A Proposed Amended Article 3 Definitions for the corresponding changes to the following definitions, listed below:
· Activity
· Activity type
· Administrative Review
· Arcade Games (deleted)
· Attached
· Attached structure
· Attic
· Automobile Washing, Attended
· Automobile Washing, Unattended
· Basement
· Bedroom
· Bed and Breakfast Inns
· Conditional Use Permit
· Convalescent Facilities
· Coverage, Lot or Site
· Covered porch
· Day Care, Child or Adult
· Drive-up Facility
· Habitable accessory structure
· Dwelling Unit
· Family
· Fence
· Fortunetelling Establishment
· Garage, private
· Garage, storage
· Hedge
· Home occupation
· Horticulture, Limited
· Hotels, Motels, and Time-Share Facilities
· Industry, General
· Industry, Research and Development
· Manufactured Home
· Mortuaries
· Nonconforming Structure
· Nonhabitable accessory structure
· Outdoor sales
· Pervious Surfaces
· Residential Congregate Care Facilities
· Secondhand Sales
· Street
· Tattoo Studios
· Temporary Use
· Use
· Use, allowed
· Utilities, Major
Article 6 Commercial and Professional Districts and Article 7 Industrial Districts: Amendments to Allow Greater Flexibility in Use Regulations
The Community Development Department proposes revisions to the Zoning Code to implement the Next Generation Workplace District Study, as well as promote general business development goals in both commercial and industrial zoning, to accomplish two main objectives:
1. To create more opportunities for commercial uses in industrial areas; and
2. To reduce barriers for certain uses in the commercial and industrial zones, where appropriate.
These changes will make certain uses that were previously approved only with a Conditional Use Permit, which is a costly and time-consuming process for small businesses, to instead be approved through an administrative decision by the Zoning Enforcement Official, i.e. through the Administrative Review process provided in Article 21 of the Zoning Code. Further, some of the proposed changes expand certain permitted uses into more zoning districts where such uses have no significant impacts.
The Administrative Review process is similar to the Conditional Use Permit process in that it enables staff to place conditions on projects and affords the same detailed level of staff review and may include supplemental noticing, as appropriate. However, it places less of a burden on the applicant in terms of time and expense, as it does not involve a public hearing before the Board of Zoning Adjustments. A formal Agreement to Conditions for an Administrative Review includes conditions of approval to address potential impacts and incorporates technical requirements by other City departments.
Please refer to Exhibit A, Matrix of Use Classifications and Zoning Districts to cross reference how each of the affected Use Classifications definitions, if approved, will be handled in each zoning district. Please refer to the attached Ordinance Exhibit A, Proposed Amended Article 3 Definitions for the existing and proposed definition of the use.
· Animal Boarding
· Animal Grooming
· Animal Hospitals
· Artist's Studios
· Automobile Parts Sales
· Bars
· Building Materials and Services
· Business and Trade Schools
· Cafés
· Catering Services
· Cultural Institutions
· Drugstore
· Fast Food Establishments, Small Scale
· Group Housing
· Instruction and Improvement Services
· Live-Work
· Research and Development Services
· Restaurants, Full Service
· Swap Meets
Amendments containing substantive changes
A series of in-depth, substantive changes are proposed to respond to Planning staff experience interpreting the Zoning Code and to provide more flexibility for certain types of land uses. The proposed substantive changes are as follows, organized alphabetically by use category:
Ambulance Services, Emergency & Non-Emergency
Staff proposes to create a new definition for Ambulance Services uses that does not involve the use of sirens, defined as Ambulance Services, Non-Emergency. The existing definition would then be retitled and redefined as Ambulance Services, Emergency.
Ambulance Services, Emergency. Provision of emergency medical care or transportation for critically injured or ill patients, including incidental storage and maintenance of vehicles and residential quarters for employees.
Ambulance Services, Non-Emergency. Provisions of non-emergency ambulance services to transport residents home from the hospital or to meet routine medical needs, including incidental storage and maintenance of vehicles. Siren use is not practiced.
Ambulance Services are currently permitted outright in all Industrial zones and in the SA-3 and CC districts. A Conditional Use Permit is required if an Ambulance Services land use is proposed within 1,000 feet of a residential use. Staff proposes to add Ambulance Service, Non-Emergency in these districts under the same basis, except that it would be subject to Administrative Review (AR), if proposed on a site within 1,000 feet of a residential use.
Beer and Wine Stores
Staff proposes to amend the existing Beer and Wine Stores definition as follows:
Beer and Wine Stores. A retail store principally involved in the business of selling alcoholic beverages, excluding sales of "hard liquor," "fortified wine", or distilled spirits for the consumption off the premises where sold. Stores shall be managed by a certified wine expert (sommelier or oenologist) or a certified beer expert (cicerone.)This classification includes beer- or wine-only shops or facilities that are covered by a State license for "beer and wine" (Class 20 ABC license). This classification includes beer or wine tasting as an accessory use, only, but does not allow for the establishment of a Bar. This classification allows for accessory food sales, but does not include retail sales of food and other items as defined as a Convenience Store in this Code.
Staff proposes that Beer and Wine Stores should be allowed through a Conditional Use Permit (UP) in the C-RM and DA-1 Districts where it is currently Not Permitted (-). It is currently allowed with a UP in SA-1, SA-2, SA-3 and CC districts, with locational limits of 1,000 feet from public or private schools, parks, libraries, or recreational facilities. Note that Beer and Wine Stores in the DA-1 would be allowed only with these same locational restrictions and with a time limit for stores to be open only between the hours of 7 a.m. and 10 p.m.
Brewpub
Currently, the Zoning Code does not have a definition for a brewpub. Brewpubs, as defined below, would operate much the same as a restaurant with beer or wine service, so staff proposes that brewpubs should be allowed on the same basis as a full-service restaurant.
Brewpub. A small brewery attached to a restaurant and producing beer that is sold for consumption at a bona fide eating place, plus a limited amount of brewing of beer for consumption on the premises. Additionally, the sale of beer for consumption off the premises where sold is also allowed.
Staff proposes that Brewpubs should be Permitted (P) in the SA-1, SA-3, CN, CC, CS, CR, C-RM, P, PHD, NA-1, NA-2, DA-1, DA-2, DA-5, and DA-6 Districts. Staff proposes that Brewpubs should be allowed through an Administrative Review (AR) process in the SA-2, IL, IG, IP, IL(AU), IG(AU), and IP(AU) Districts; and allowed through a Conditional Use Permit (UP) in the DA-3 and DA-4 Districts.
Commercial Roll-Up Doors
Amends commercial development standards to ensure that commercial security systems retain an enhanced appearance along commercial street fronts. The following addition is proposed:
Security Roll-Up Doors. Retractable security gates, window bars, and mall-style roll-up doors shall be installed to the inside of existing windows or glass doors for installation of physical security measures on a building façade. A mall-style roll-up door must not be visible during business hours. Metal gates, stored in a wall pocket or similar enclosure so as not to be visible during business hours, and scissor-style security grilles, retracted into casing during business hours, are subject to the review and approval of the Community Development Director.
Community Gardens
Community gardens would provide an amenity to San Leandro residents, businesses and employees who seek access to local food sources and recreation through gardening and agriculture. Adding a Community Gardens use and allowing Community Gardens in Commercial and Industrial Districts implements the 2009 City of San Leandro Climate Action Plan, specifically Policy, 4.6.1 related to Urban Agriculture. The proposed definition is as follows:
Community Gardens. A site that occupies less than 1 acre for non-commercial raising for family or community use of vegetables, berries, trees, fruits, vines, flowers, ornamental trees or shrubs. Crops from community gardens are limited to personal or group consumption, or for donation, only. Community Garden uses may include communally-managed gardens. Community Gardens may be the principal or accessory use. Community Gardens may not grow cannabis or any other federally-controlled substances. Such use may not keep bees or any other animals unless allowed by Chapter 4-11 of the San Leandro Municipal Code.
The full set of regulations for management of Community Gardens is found on pages 68-70 of the attached Ordinance, Exhibit G Proposed Amended Article 16. These regulations cover a range, including: identification of a responsible party for the Community Garden, management of chemicals and other gardening products and equipment, deliveries, height of planting in the required setbacks, and compost and structure placement.
Staff proposes that Community Gardens should be allowed through an Administrative Review (AR) process in the SA-1, SA-2, SA-3, CN, CC, CR, C-RM, NA-1, NA-2, DA-1, DA-2, DA-3, DA-4, DA-5, DA-6, IL, IG, IP, IL(AU), IG(AU), and IP(AU) Districts. Staff proposes that Community Gardens should be Not Permitted (-) in the CS, P, and PHD Districts. Staff received recommendations at the January 30 worksession to allow Community Gardens in Residential Districts with an Administrative Review (AR), which has been incorporated in the attached Ordinance.
Dance Clubs
Staff seeks to modernize and clarify the title of this definition. Staff's proposed amendment would effectively narrow the scope of the activity to establishments that operate primarily as dance clubs rather than the current broad definition that links any dancing activities to other established uses where alcohol is sold, such as a restaurant or bar.
Staff proposes that the Zoning Code's definition for Dance Hall should be changed to "Dance Club" for clarity. Staff proposes a new definition for Dance Club as follows:
Dance Club Hall. Any establishment where the primary use is a person or persons dance and where either: (i) such persons pay admission to each dance except where admission charges are to be used for charitable, eleemosynary, educational, religious, or social groups which do not include the distribution of profits to the sponsors or members thereof.; or (ii) such place is connected to a place where alcoholic beverages are sold. This definition includes, but is not limited to, any business establishment identified in San Leandro Municipal Code Section 4-4-100. See "Entertainment" for dancing at establishments other than dance halls.
Electronic Cigarette-related products
Staff proposes to add a new definition in the Zoning Code for electronic cigarettes and their related products. This new definition will be listed along with other products specified in the definition for Tobacconist/Cigarette Store, which is a land use that is tightly restricted. The proposed change will assist staff's interpretation of e-cigarettes and related product sales.
Proposed new definition:
Electronic Cigarette-Related Products. Any electronic device that can provide an inhalable dose of nicotine by delivering a vaporized solution, as defined by California Health and Safety Code Section 119405(b), or any electronic device designed to vaporize a liquid solution that releases flavored vapor and the use or inhalation of such device simulates smoking. This definition shall include any substance containing nicotine or a flavored liquid solution for vaporization through an electronic cigarette, including any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
Please see section below on Tobacconist/Cigarette Store for discussion of use regulations.
Entertainment Activities
In reviewing initial policy proposals with the Planning Commission and Board of Zoning Adjustments at the January 2014 worksession, where staff presented a proposal to regulate Entertainment operations in the Municipal Code instead of the current policy of regulating Entertainment in the Zoning Code, it was made clear that further study and discussion are required prior to proposing major changes to regulate entertainment activities.
In the interim, staff proposes a minor amendment to the Zoning Code's existing definition of entertainment, to focus on events rather than background activities, and to increase the number of yearly events to six from three events allowed without requirement of a Conditional Use Permit. This will create greater flexibility for establishments such as restaurants and bars that wish to have music or large screen television viewing as a background amenity, for example. The proposed revision to the definition is as follows:
Entertainment Events Activities. Regulations pertaining to Entertainment Events Activities, defined as a use classification by this Code, apply to the following events activities where they occur on a scheduled basis more than six (6) three (3) or more days during a calendar year on the site of any permitted or conditionally permitted use, excluding events activities for the non-profit, charitable or educational proposes of public or private institutional uses. Entertainment events are further defined as events advertised as a stand-alone event with a set start or end time, or where separate admission is charged.
A. A musical, theatrical, wrestling, dance recital, cabaret, or comedy act performed by one (1) or more persons, regardless of whether performers are compensated;
B. Any form of dancing by patrons or guests at a business establishment not otherwise regulated as either a "Dance Hall" or an "Instruction and Improvement Services" use classification;
B.C. A fashion show, except when conducted within an enclosed building used primarily for the manufacture or sale of clothing;
D. Any form of recorded entertainment using amplified recorded music, such as karaoke systems;
C.E. Televised events. or with such features as "big screen" projection systems.
Staff proposes that Entertainment Events be allowed in the C-RM Commercial Regional Mall zoning district (Bay Fair Shopping Center) with approval of a Conditional Use Permit (UP).
Game Center
Certain Game Centers have recently evolved into gambling establishments. The proposed change in definition would explicitly provide that gambling is not allowed, which would assist Planning Division staff to interpret and determine legitimate Game Centers featuring recreational arcade gaming or tournament play versus those uses that involve illegal gambling activities. The current Zoning Code definition for Game Center should be amended to keep up with changing technology and the emergence of electronic gaming. Clarification is necessary to specify that game centers do not include gambling-type activities.
Proposed amended definition:
Game Center. An commercial establishment, which contains more than four (4) pinball machines, computer games, electronic video games, or any other similar games or devices, for the use of which fees are paid directly into the machines or to an operator regardless of whether the devices constitute the primary use or accessory or incidental use of the premises. This does not include games of chance, internet sweepstakes, or any gambling activities, which are not permitted in any zoning district in the City. arcade games. This includes activities or establishments that provide a simulated war or battle experience.
Game Center uses are allowed with a Conditional Use Permit (UP) in the SA-3 and CC District. Staff proposes that Game Center uses should be allowed through an Administrative Review (AR) process in the C-RM, and DA-6 Districts. Game Center uses should be allowed through a Conditional Use Permit (UP) in the SA-1, SA-3, CC, DA-1, IL, IL(AU), IG and IG(AU) Districts. Staff recommends that Game Center uses should be Not Permitted (-) in the SA-2, CN, CS, CR, P, PHD, NA-1, NA-2, DA-2, DA-3, DA-4, DA-5, IP and IP(AU) Districts.
Hazardous Waste Facilities
As part of this Zoning Code update, portions of Article 16 relating to Hazardous Waste Facilities have been reviewed and updated by the Environmental Services Department in order to update and clarify regulations. Please see the associated clean-up changes in Section 4-1634(C); Section 4-1636(A); Section 4-1636(B); Section 4-1636(C); Section 4-1638(B)(3); Section 4-1684(F)(3)(a)(iii); Section 4-1684(F)(3)(b); Section 4-1684(G)(3)(d)(iv); and Section 4-1684(G)(4)(b) of the attached Ordinance, Exhibit G: Proposed Amended Article 16.
Health and Fitness Centers
Staff proposes that the Zoning Code's definition for Health and Fitness Centers be amended to add additional sports activities that have become popular in recent years as alternative fitness activities to gyms.
Health and Fitness Centers. Establishments with equipment for exercise and physical conditioning. This classification includes spas, gyms, tennis clubs, racquet ball clubs, pools, sports courts and fields, climbing walls, skating rinks, batting cages, diet centers, reducing salons, fitness studios, health studios, and massage therapy as an accessory use to another health and fitness center use. Any such facilities that offer alcoholic beverage service shall be defined as Commercial Recreation.
Staff proposes that Health and Fitness Centers should be allowed through an Administrative Review (AR) process in the CN, DA-3, and DA-4 Districts instead of a Conditional Use Permit (UP). Staff also proposes that Health and Fitness Centers should be a Permitted (P) use in the DA-6 District.
Internet Sweepstakes Center
Staff proposes adding a new definition to the Zoning Code for Internet Sweepstakes Center. Per the State's Bureau of Gaming Control, such uses are considered a form of gambling. By defining the activity as a separate use, and then not including this use in any districts as a permitted or discretionary use, staff believes that this strengthens the City's ability to restrict the use and activity.
Proposed new definition:
Internet Sweepstakes Center. A commercial establishment which sells a service -- such as the ability to browse the world wide web or Internet, create and print documents, shop online, play games, watch video and video-related media, fax documents, use telephone services -- and also provides customers with promotional sweepstakes entries to obtain a prize through predetermined odds via simulated casino-style games on a computer or other electronic device or via immediate disclosure on a computer or other electronic device or via immediate disclosure from an employee.
Mobile Food Vendor/Mobile Food Vending
An update to the Municipal Code to establish a permitting process and performance standards for Mobile Food Vendors is currently underway. Such proposed regulations are on a parallel track with these proposed Zoning Code amendments. Staff proposes that the Zoning Code definition be changed to focus on the use rather than the individual vendor. Additionally, the zoning districts in which staff recommends Mobile Food Vendors be allowed should be expanded and clarified so that Mobile Food Vending is allowed in more zoning districts.
Mobile Food Vendingor. A person engaged in tThe sale of food from a handcart or other small, self-propelled, or tow-able cart. any motorized or trailer vehicle, designed to be portable and not permanently attached to the ground, from which only food and beverages are sold, served free or sampled, displayed or offered for sale, as regulated by the San Leandro Municipal Code.
Staff recommends that Mobile Food Vending should be allowed through an Administrative Review (AR) process in the IL, IG, IP, IL(AU), IG(AU) and IP(AU) Districts. Per Planning Commission recommendation, staff proposes that Mobile Food Vending should be Not Permitted (-) in the SA-1, SA-2, SA-3, CN, P, PHD, DA-1, DA-2, DA-3, DA-4, DA-5, and DA-6 Districts.
Outdoor Facility Permits in Industrial Zones
Staff proposes to add clarifications to Article 16, Section 4-1662 to explicitly allow an Outdoor Facility Permit and clarify the time frame for a Temporary Use Permit as 90 days. Staff also corrected the Temporary Use definition in Article 3 to state a timeframe of 90 days to be consistent with Article 22, Section 5-2222 Temporary Use Permits.
Recycling Facilities
Staff proposes updating the definition of a Recycling Facility so that it more closely resembles the guidelines established by the State and administered through CalRecycle (formerly, California Integrated Waste Management Board). Changes are also proposed to allow certain types of recycling uses that take place indoors only through an Administrative Review (AR) process rather than the Conditional Use Permit (UP) process, such as Bulk Reverse Vending Machines, Large Collection and Light Processing. Additionally, any specific references to State certification or State Codes have been eliminated so that the City's Code does not have to be updated each time the State makes changes.
Proposed amended definition:
Recycling Facility. A center for the collection and/or processing of recyclable materials, and includes facilities for the drop-off, buyback, deposit, or return for redemption, of recyclable material. Recyclable material is reusable material including but not limited to aluminum, glass, plastic and paper which is intended for remanufacture or reconstitution for the purpose of using the altered form. A recycling facility consists of a reverse vending machine, collection facility, or processing facility, as defined in Section 4-1646 "Recycling Facilities". A recycling collection facility may also consist of a facility for the collection of reusable household goods or clothes by a charitable organization.
Under Article 16, Section 4-1646, the above general definition of Recycling Facility is further defined in several sub-categories as follows:
· Single Feed Reverse Vending Machine
· Bulk Reverse Vending Machine
· Small Collection
· Small Scale Hazardous Waste Center
· Large Collection
· Light Processing
· Heavy Processing
Please see pages 6 through 11 in Exhibit G: Proposed Amended Article 16, Section 4-1646, including the summary table on page 8 for the series of proposals for regulating recycling.
Retail Sales
Staff proposes that this use should be changed to allow for clothing and consignment stores that were evaluated as Secondhand Sales, which is only permitted with a CUP. Clean-up of certain outdated terms are also proposed.
Proposed amended definition:
Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes, but is not limited to clothing stores, consignment stores, and businesses retailing the following goods: toys, hobby supplies, handcrafted items, gift items, jewelry, books, cameras, photographic supplies, music media records, videos, compact discs, laser discs, cassettes, sporting goods (excluding uses where gun and ammunition sale are the primary use - see Gun or Weapon Shop definition), kitchen utensils, hardware, antiques and vintage clothing stores, art supplies and services, musical instruments, supplies, and services, office supplies, and bicycles.
This use is currently allowed in all Commercial Districts. Staff proposes that Retail Services should be allowed through an Administrative Review (AR) process in the IL, IG, IP, IL(AU), IG(AU) and IP(AU) Districts where it is currently Not Permitted (-).
Retail Services
Staff recommends that the definition for Retail Services be changed in order to allow for tattoo studios to be regulated as a personal service, where it currently is only allowed as a Tattoo Parlor with a Conditional Use Permit in the SA-1, SA-3, and CC Districts. The Board of Zoning Adjustments, after an in-depth discussion of this proposal and presentation of various options, fully supported this proposal, per the attached Excerpt of the Board of Zoning Adjustments Meeting Minutes of April 3, 2014.
Proposed amended definition:
Retail Services. Provision of services of a personal nature. This classification includes barber and beauty shops, tattoo studios, seamstresses, tailors, shoe repair shops, dry cleaning businesses (excluding large-scale plants), photocopying, and self-service laundries. Retail Services excludes coin-operated self-service laundries and coin-operated dry cleaning businesses.
Staff proposes Retail Services should be allowed through an Administrative Review (AR) process in the IL, IG, IL(AU) and IG(AU) Districts where it is currently Not Permitted (-).
Tobacconist/Cigarette Stores and Tobacco-related Products
The Zoning Code definition for Tobacconist/Cigarette Stores should be amended to include "tobacco-related products" and a new definition proposed for Tobacco-related Products that will explicitly list all products related to tobacco and nicotine use should be adopted. Staff proposes that such uses should be allowed with a CUP, but only in the SA-1, SA-3, and CC Districts. (Please note that tobacco and cigarette stores have additional locational requirements to maintain a 1,500-foot separation from sensitive uses such as schools and parks.) No changes are proposed to the corresponding zoning districts for Tobacconist/Cigarette Stores.
This new definition will also clarify that an e-cigarettes store will be considered a Tobacconist/Cigarette Store.
Definitions:
Tobacconist/Cigarette Stores. Businesses devoted primarily to the sale of tobacco-related and e-cigarettes, and e-cigarette-related products, as defined by 1) devoting twenty percent (20%) or more of total floor area or display area to or 2) deriving seventy-five percent (75%) or more of gross sale receipts from, the sale or exchange of tobacco-related products.
Tobacco-related products. Any substance containing tobacco including but not limited to cigarettes, cigars, chewing tobacco and dipping tobacco; cigarette papers; vaporizers; or any other instrument or paraphernalia for the smoking or ingestion of tobacco and products prepared from tobacco.
Wind Farms
Wind Turbines. Devices that convert kinetic energy from the wind into electrical power.
Staff recommends that Wind Farms should be allowed with a Conditional Use Permit (UP) in the IG and IG(AU) Districts, only. As stated in the definition above, a single wind turbine would be considered an accessory use.
Article 16 (Section 4-1686) of the Zoning Code should be updated to reflect recent changes in federal law, technological advancements, and what other jurisdictions do to regulate these types of uses. The updated Wireless Telecommunications Facilities regulations also have corresponding changes to where they must be allowed in various zoning districts. Changes are recommended to clean up related definitions that were affected by the Ordinance changes (Please see the attached Ordinance, Exhibit A Proposed Amended Article 3 Definitions), such as those for the following:
· Antenna
· Telecommunications Antennas and Towers
· Wireless Telecommunications Facility
Proposed amended definition:
Wireless Telecommunication Facility. An unstaffed communications facility containing communication towers and/or antennas and any related equipment for the purpose of transmitting or receiving electromagnetic radio frequency waves, including antennas and all ancillary equipment. It does not include radio and television towers, antennas or related equipment for commercial broadcast or amateur use; citizens band and any other miscellaneous telemetric and control communications systems.
The definition for "Telecommunications Antennas and Towers" is proposed to be eliminated from Article 3 Definitions because staff proposes it be replaced with "Wireless Telecommunication Facilities" as part of the update to the City's Wireless Telecommunications Ordinance described above.
A comprehensive breakdown of which zoning districts Wireless Telecommunication Facilities are allowed in can be found in the attached Ordinance, Exhibit G: Proposed Amended Article 16, in Section 4-1686, Table 1 (page 58 of 68).
Article 17 Off-Street Parking and Loading
Staff proposes a revision to clarify the code language in areas that have been difficult to interpret, such as the paving of front yards. In addition, staff proposes implementing the reduced parking requirements of the Downtown TOD Strategy for senior housing.
Paving in Front Yards
Article 17 defines the allowable amount of paving within front yards, which was set at 50 percent in a set of Zoning Code amendments adopted in 2012. Because it has been interpreted very strictly by both staff and residents, staff is now proposing to eliminate the phrase "related to parking", to ensure that there is clarity on this topic. The intent of the 2012 amendment was to prohibit paving over more than 50% of a front yard, regardless of whether there would be parking or not.
Section 4-1718, C. Allowable Paving in the Required Front Yard. Paving or impervious surfaces for walkways, parking areas and vehicular access shall not collectively occupy more than fifty percent (50%) of the required front setback area.
Senior Parking
Currently, new senior residential development of three or more units in the DA Districts must comply with the same parking requirements as non-senior residential development, which is: 1.0 to 1.5 spaces per unit (0.25 to 0.50 spaces/unit may be unbundled flex parking). In the SA Districts, the senior residential parking ratio is 0.6 spaces per unit plus one space per employee. Given the available commercial/retail activity and convenient public transit options, the senior housing parking standards in the DA Districts near BART should have lowered parking standards in comparison to the SA Districts. Therefore, staff recommends creating the following parking requirements in the DA Districts:
Senior Housing (DA Districts adjacent to BART): 0.4 spaces per unit plus one space per employee
Relaxed Triggers for Parking Exceptions
Staff proposes that a greater degree of flexibility for parking be provided in the Zoning Code, by allowing the maximum parking deficiency to be increased from 15 percent to 20 percent before a formal parking analysis would be triggered under Section 4-1702. This could allow for some additional use changes between commercial and industrial uses to proceed without a Parking Exception.
Article 18 Signs
Staff proposes a series of amendments to the sign code to allow staff to control the aesthetic quality of signage within the City. Changes are shown on the attached Ordinance Exhibit I, Proposed Amended Article 18 Signs. Notable changes include:
· Ruling out the use of extraneous information that clutters signs (e.g. phone numbers, listing of products, etc.);
· Protecting landmark signs;
· Clarifying that signs in all DA districts should conform to the Downtown Sign Regulations;
· Prohibiting cabinet or "box-type" signs in commercial districts;
· Tightening regulations for window signs;
· Allowing for reader boards for institutions that offer classes, only.
In addition, the City Attorney's Office has added the following amendment to the ordinance related to temporary political signs, in Article 18, Section 4-1806(I) to better align the temporary sign policy with federal law:
Temporary Political Signs. The maximum size of temporary political signs shall be sixteen (16) square feet unless the sign meets structural and design requirements prescribed by the Uniform Sign Code for signs other than temporary signs. This requirement is intended to prevent installation of structurally unsafe signs. Temporary political signs shall be removed within ten (10) days following the election pertaining to a candidate, ballot measure or issue addressed by the sign. Prior to the installation of any temporary political sign anywhere in the City, the person intending to install the sign or the person on whose behalf the signs are to be installed shall, at least two (2) days prior to the installation, file a declaration of intent to install with the Zoning Enforcement Official or the Zoning Enforcement Official's designee. The declaration shall contain an agreement to remove any sign that is installed in violation of any provisions of the Zoning Code or the Municipal Code, such signs within ten (10) days after the election and to pay the City's costs of removal. any costs incurred by the City as a result of the declarant. If a person installs temporary political signs without having filed a declaration of intent, that person or the person on whose behalf the signs are installed, shall be notified to remove the signs and shall immediately remove such signs or pay the cost of removal by the City.
Articles 21, 22, 27, and 28: Process Changes
Staff proposes amendments to Part V of the Zoning Code, which governs the processing of applications. In general, the bulk of the Zoning Code amendments shift requirements from a Conditional Use Permit to an Administrative Review, which helps to streamline new development. However, staff believes that the current description of an Administrative Review in the Zoning Code lacks detail and omits any form of public notice. While staff believes that streamlining is needed, there should be some instances where public notice is conducted.
In the area of Appeals and Amendments, a series of clarifications are needed for process descriptions. In addition, the timelines specified for hearings to be conducted, currently set at 45 days, is not practical under current deadlines for scheduling items on City Council meeting agendas. As such, staff recommends allowing for up to 60 days.
The following summarizes the changes proposed:
Article 21 Zoning Permits Required; Environmental Review; Fees and Deposits
· Specifies that conditions of approval may be placed on a development application for a Zoning Permit, as outlined in Article 21 Zoning Permits.
· Adds supplemental noticing requirements to the Administrative Review process so that property owners adjacent to a subject property would be notified of certain proposed projects, upon the determination of the Zoning Enforcement Official.
· Specifies that the decisions of the Zoning Enforcement Official related to determinations of uses may be appealed to the Board of Zoning Adjustments. Currently the Zoning Code provides that such decisions be appealed to the Planning Commission which is not consistent with Article 27.
· Adds language to Section 5-2108 to clarify that non-applicants are allowed to appeal a Zoning Enforcement Official decision.
Article 22 Use Permits, Variances, and Parking Exceptions
· Adds clarification language to the definition of a Use Permit.
· Extends the period from one to two years for renewal of a use permit, variance, height exception or parking exception. In recent years, applicants have fallen on difficult financial situations that have prevented them from carrying out a development approval. This will allow for more flexibility in time lines.
Article 27 Amendments
Amends language in Article 27 as follows:
· Allow for the Community Development Director to initiate Zoning Code amendments, which will memorialize current Planning staff practice dating back to at least 2003;
· Remove the 45-day deadline to schedule a public hearing for a Zoning Code or zoning map amendment after receipt of an application; and
· Expand the timeframe for a City Council public hearing to be conducted after the Planning Commission has made a recommendation from 45 days to 60 days.
Article 28 Appeals
Adds clarification language under the Procedures for Appeals, including expansion of the timeframe for a public hearing to be conducted after the receipt of an appeal application from 45 days to 60 days; and clean up the paragraphs related to Hearing and Decision and Notice to eliminate confusing phraseology.
Current Agency Policies
· Downtown Transit Oriented Development Strategy
· Next Generation Workplace District Study
Applicable General Plan Policies
In 2002, the City of San Leandro adopted a new General Plan, which states that "the San Leandro General Plan aspires to reshape the industrial areas of West and Central San Leandro to meet the demands of the new economy." Furthermore, the General Plan states that "the guiding objectives in the City's large business districts are to promote business retention and diversification".
The proposed Zoning Code Update seeks to correct and clarify sections of the Code to keep up with changing technologies and land use trends. By tightening up the regulations for Telecommunications, Hazardous Materials and Recycling, the City will follow more closely what other jurisdictions are doing and comply more closely with State regulatory changes. Staff believes that the proposed changes, through modifications to parking requirements, as well as Administrative Review and public hearing noticing changes and updates to signage regulations, provide clearer administrative approvals, oversight and design guidelines. Finally, staff believes that the General Plan goals and policies related to economic development will be implemented by allowing a greater range of uses in various commercial and industrial zoning designations.
The following broad policies in the General Plan promote retail diversity and job opportunities:
Policy 6.02 Retail-Service Improvements - Develop and implement business development strategies that improve the mix of retail and service businesses Downtown, with an emphasis on higher-end retail shops, sit-down restaurants, and entertainment uses.
Policy 8.02 Retail Diversity - Encourage a diverse range of commercial uses in the City, offering goods and services that fully meet the needs of San Leandro residents and businesses
Policy 12.03 Job Opportunities for Residents - Promote opportunities for San Leandro residents to find suitable employment within the community
The General Plan fosters the development of a strong and healthy industrial and office employment base in the City. The Next Generation Workplace District Study encourages the City to allow greater business-serving amenities in the industrial areas. The following General Plan policies support the proposed changes to Articles 6 and 7.
Policy 7.02 Economic Diversity - Promote economic diversity and the growth of new and emerging industries. Target businesses that will provide higher-paying jobs for San Leandro residents.
Policy 7.03 Sustainable Manufacturing - Promote environmentally sustainable manufacturing practices by San Leandro businesses and focus business attraction efforts on clean, environmentally-friendly businesses.
Policy 7.04 Tech-Sector Recruitment - Attract and retain technology ("high tech") companies by improving technology infrastructure, targeting such companies through marketing, supporting incubator and start-up firms, and maintaining development regulations which facilitate the adaptive reuse of older industrial buildings.
Policy 7.06 Adaptive Reuse - Encourage private reinvestment in vacant or underutilized industrial and commercial real estate to adapt such property to changing economic needs, including the creation of flex/office space.
The General Plan encourages the establishment of excellent community and neighborhood-serving retail and entertainment uses. The following General Plan policy fosters cultural arts and entertainment uses.
Policy 8.07 Cultural Arts and Entertainment - Provide additional opportunities for cultural, recreational, and entertainment uses in the City, including cinemas, theaters, live-performance venues, sports facilities, and art galleries.
Promoting the positive image of the City as a desirable place in which to do business consists in part on attracting emerging technologies. The following General Plan policy encourages the enhancement of these qualities.
Policy 11.03 Technology/Telecommunication Recruitment - Implement programs to attract businesses in economic sectors that are emerging or underrepresented in San Leandro. This should include the development of infrastructure to facilitate the growth of technology and telecommunication firms within the City.
Protecting local residents and workers from the risks associated with hazardous materials is an important General Plan policy. The following policy encourages regulatory compliance.
Policy 33.01 Regulatory Compliance - Work with the appropriate county, regional, state, and federal agencies to develop and implement programs for hazardous waste reduction, hazardous material facility siting, hazardous waste handling and disposal, public education, and regulatory compliance.
The General Plan encourages quality design and construction, as well as signage that will enhance the public streetscape. The following policy encourages quality signage.
Policy 43.08 Signage - Encourage commercial signage that is compatible with the building and streetscape, enhances the character of the surrounding area, and is not intrusive to nearby residential uses.
And, the General Plan proactively addresses the special housing needs of the community, including seniors. The following General Plan policy addresses senior housing.
Policy 58.01 Senior Housing - In accordance with the needs analysis conducted as part of this Housing Element, encourage the production of housing targeted to San Leandro seniors. Both non-profit and for-profit developers in the City should incorporate supportive services for seniors and design features which respond to the needs of seniors and others with limited mobility - such as single story floor plans, wheelchair ramps, bathrooms and grab bars, and buildings with elevators.
The proposed amendments to the Zoning Code would allow more amenities in the industrial and commercial zones and will implement business development goals by allowing greater business-serving amenities in the industrial and commercial areas. Additionally, they would comply more closely with Federal and State regulatory guidelines concerning hazardous waste, recycling, and telecommunications.
Environmental Review
The proposed amendments to the Zoning Code are exempt from the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section 15061(b)(3) because the General Rule exemption states that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment that the activity is not subject to CEQA. In addition, CEQA defines "project" as an activity that may result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment (Public Resources Code Section 21065). Updating the City of San Leandro Zoning Code in the manner described herein does not alter the existing zoning regulations in any substantive manner such that there is a possibility for the amendments to result in any direct or indirect physical change in the environment or cause any significant environmental effects. Any potential indirect secondary impacts from the proposed amendments on the physical environment are speculative and are not reasonably foreseeable, and are, therefore, not subject to review under CEQA.
Board/Commission Review and Actions
On January 30, 2014, Planning staff conferred with the Planning Commission and the Board of Zoning Adjustments in a joint worksession on the proposed Zoning Code Amendments. Consensus was reached on the majority of proposed changes, with recommendations made on a number of topics that were brought back to both bodies in April.
On April 3, 2014, the Board of Zoning Adjustments reviewed the changes and provided support for the proposed changes.
On April 17, 2014, the Planning Commission held a public hearing and reviewed the final set of proposed changes. The Commission made four revisions to the staff proposal, which included:
A) Add to the Entertainment Event language text that defines a televised stand-alone event as one including a set start and/or end time in the advertising
B) Omit Dance Club from C-RM District uses
C) Restore "Bowling Alley" and the word "participant" to the Commercial Recreation definition
D) Delete "recurrently needed" from the description of "services of a personal nature" in the definition of Retail Services
With the above changes to the staff proposal, the Planning Commission voted to recommend approval of the Zoning Code Amendments to City Council by a vote of 5-0.
All of the above changes have been included in the attached Ordinance recommended for City Council adoption. Staff expanded item A to include the definition for "stand-alone event" to apply to all of the forms of Entertainment Events rather than limit that sub-definition only to televised events.
Summary of Public Outreach Efforts
A press release was issued prior to the January 30, 2014 Board of Zoning Adjustments - Planning Commission joint worksession, along with a courtesy notice to all neighborhood associations and to the San Leandro Chamber of Commerce. News articles covering the proposed Zoning Code amendments were published in the San Leandro Times and the Daily Review. Public comment at the work session was opposed to the proposal to modify entertainment regulations through the Municipal Code. A comprehensive update to entertainment policy is not proposed at this time.
Community Development staff, with the consultant team that wrote up the Next Generation Workplace District Study, conducted a series of meetings with the community where the proposal to increase flexibility within industrial regulations in the Zoning Code was presented. These included: a presentation to City Council in September 2013; a community meeting and a City Council worksession in October 2013; an Industrial Area Working Group meeting in January 2014; and a City Council worksession on the next steps for implementing the Next Generation plan in February 2014. Business Development and Planning staff presented the proposed amendments to the Chamber of Commerce Entrepreneurs Business Forum on May 20, 2014.
Subsequent to the January 2014 joint worksession, representatives from Madison Marquette, the owner of Bayfair Shopping Center, met with City staff to review the current uses allowed in the C-RM zoning district. They requested that staff look at the C-RM Commercial Regional Mall zoning uses to make them more consistent with CC Commercial Community, which is the underlying zoning for the Kaiser north parcel site, slated for mixed-use retail development. Staff considered the request and added certain uses to the C-RM zoning that staff believes will enhance the shopping center environment. The full set of changes is found in the attached Proposed Amended Article 6, Section 2-616.
Notification of the April 17, 2014 Planning Commission and the June 2, 2014 City Council meetings included a legal ad in the Daily Review and posting of the meetings at City Hall a minimum of 72 hours in advance of the meeting dates. In addition, a courtesy notice was sent to all Neighborhood Associations listed on the City's roster and to the San Leandro Chamber of Commerce. No public comments have been received as of the writing of this report.
Legal Analysis
The proposed Zoning Code amendments were analyzed by the City Attorney's Office and found to be in conformance with the California Government Code as well as the local General Plan and Zoning Code.
ATTACHMENTS
Attachments to Staff Report
· Exhibit A: Matrix of Industrial and Commercial Use Classifications and Zoning Districts
· Exhibit B: San Leandro Zoning Map
· Exhibit C: Excerpt of the Minutes of the Planning Commission Meeting, April 17, 2014
· Exhibit D: Excerpt of the Minutes of the Board of Zoning Adjustments Meeting, April 3, 2014
· Exhibit E: Excerpt of the Minutes of the Planning Commission and Board of Zoning Adjustments Joint Worksession, January 30, 2014
Attachments to Ordinance
· Exhibit A: Proposed Amended Article 3 Definitions
· Exhibit B: Proposed Amended Article 5 Residential Districts (excerpt, only)
· Exhibit C: Proposed Amended Article 6 Commercial and Professional Districts
· Exhibit D: Proposed Amended Article 7 Industrial Districts
· Exhibit E: Proposed Amended Article 8 Open Space District
· Exhibit F: Proposed Amended Article 9 Public and Semipublic District
· Exhibit G: Proposed Amended Article 16 Development Regulations
· Exhibit H: Proposed Amended Article 17 Off-Street Parking and Loading Requirements
· Exhibit I: Proposed Amended Article 18 Signs
· Exhibit J: Proposed Amended Article 21 Zoning Permits Required; Environmental Review; Fees and Deposits
· Exhibit K: Proposed Amended Article 22 Use Permits, Variances, and Parking Exceptions
· Exhibit L: Proposed Amended Article 27 Amendments
· Exhibit M: Proposed Amended Article 28 Appeals
PREPARED BY: Sally Barros, Principal Planner, Community Development Department