HomeMy WebLinkAboutPC Reso05-56 Garage Conv Ord
RESOLUTION NO. 05 - 056
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL TO REPEAL ORDINANCE 4-03 RELATED
TO GARAGE CONVERSIONS; AND RECOMMENDING AMENDMENTS TO
CHAPTER 8.12, ZONING DISTRICTS AND PERMITTED USES OF LAND;
CHAPTER 8.76, OFF-STREET PARKING AND LOADING REGULATIONS;
AND CHAPTER 8.100, CONDITONAL USE PERMITS, OF TITLE 8, THE CITY OF DUBLIN
MUNICIPAL CODE TO PROHIBIT GARAGE CONVERSIONS
PA 03-002
WHEREAS, a comprehensive revision to the Zoning Ordinance (Ordinance 20-97) was adopted
by the City Council on September 2, 1997; and
WHEREAS, on November 19, 2002, City Council requested that Staff consider modification of
the City's enclosed parking requirement by eliminating the requirement for two off-street parking spaces
in an enclosed garage to allow for the conversion of garages to living space; and
WHEREAS, on November 19,2002, Staff presented a report to the City Council regarding the
City's current requirements for residential off-street parking; and
WHEREAS, on November 19, 2002, the City Council directed Staff to prepare an amendment to
the Zoning Ordinance to remove the requirement for two off-street parking spaces in an enclosed garage
to allow for the conversion of garages to living space; and
WHEREAS, on January 28, 2003, Staff presented a report to the Planning Commission regarding
an amendment to Chapter 8.76, Off-street Parking and Loading Regulations of the Dublin Zoning
Ordinance; and
WHEREAS, on January 28, 2003, the Planning Commission directed Staff to provide alternatives
and studies regarding the amendment to Chapter 8.76, Off-street Parking and Loading Regulations of the
Dublin Zoning Ordinance and its impact on garage conversions; and
WHEREAS, on February 25, 2003, the Planning Commission adopted a Resolution
recommending that City Council adopt an ordinance that would allow garage conversions with a
Conditional Use Permit; and
WHEREAS, on March 28, 2003, the City Council conducted the first reading to introduce the
Ordinance to amend the Dublin Zoning Ordinance to allow for conversion of residential garage space to
living space with a Conditional Use Permit; and
WHEREAS, on April 1, 2003, the City Cound approved Ordinance No. 4-03 amending Chapter
8.12 Zoning Districts and Permitted Uses of Land; Chapter 8.76 Off-Street Parking and Loading
Regulations; and Chapter 8.100 Conditional Use Permit, of the Dublin Zoning Ordinance; and
WHEREAS, on May 3, 2005, the City Council heard an appeal of the Planning Commission
approval of a conditional use permit for a garage conversion at 7697 Canterbury Lane (PA 04-036); and
WHEREAS, on May 3, 2005, the City Council requested that Staff place an item on a future
agenda to discuss garage conversions in general; and
WHEREAS, on July 19,2005, Staff presented a status report to the City Council on garage
conversions that have been approved or denied since Ordinance No. 4-03 was adopted in 2003; and
I
WHEREAS, on July 19,2005, the City Council directed Staff to prepare an ordinance to revoke
the Garage Conversion Ordinance No. 4-03 and develop a new ordinance that better met the City
Council's intent; and
WHEREAS, Staff prepared a Staff Rcport for the Planning Commission dated October 25,2005
analyzing the amendments to the Dublin Zoning Ordinance; and
WHEREAS, on October 25, 2005, the Planning Commission held a public hearing on said
amendments to the Dublin Zoning Ordinance for which proper notice was given in accordance with
California State Law; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth.
WHEREAS, Ordinance 4-03 must be repealed and Chapter 8.12, Zoning Districts and Permitted
Uses of Land; Chapter 8.76, Off-street Parking and Loading Regulations; and Chapter 8.100, Conditional
Use Permit, must be revised and Chapter 8.78 Garage Conversion must be enacted to more effectively
regulate off-street parking and the conversion of garages in the City of Dublin; and
WHEREAS, on August 18, 1997, the City Council adopted Resolution 103-97 finding that the
Comprehensive Revision to the Zoning Ordinance, including Chapter 8.12 Zoning Districts and Permitted
Uses of Land; Chapter 8.76 Off-street Parking and Loading Regulations; and Chapter 8.100 Conditional
Use Permit regulations, is exempt from the California Environmental Quality Act (CEQA). The various
changes to the Zoning Ordinance listed above would also not create environmental impacts. These
changes are exempt from CEQA because it can be seen with certainty that there is no possibility that such
amendments would have a significant effect on the environment (CEQA Guidelines, Section 15061 (b)
(3)); and
NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does
hereby recommend that the City Council find that the revocation of Ordinance 4-03 has no possibility for
a significant effect on the environment (CEQA, Section 15061 (b) (3)), that the amendments are
consistent with the General Plan, and does recommend that the City Council repeal Ordinance 4-03 ,
which established a conditional use permit process for garage conversions, as shown in Attachment 2 to
the October 25, 2005 Staff Report for PA 03-002, and that no new Garage Conversion Ordinance is
enactcd. The Planning Commission does not recommend the proposed amendments as shown in
Attachment 4, which would create a ministerial process for garage conversions to the October 25,2005
Staff Report for P A 03-002.
PASSED, APPROVED, AND ADOPTED this 25th day of October 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chair Schaub, Cm.Wehrenberg and Fasulkey
Cm. King and Biddle
PI~~'
annmg ommlSSlOn alrperson
ity Development Director
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