HomeMy WebLinkAboutPC Reso06-44 Amendmts to Zoning Ordinance PA06-054
RESOLUTION NO. 06 - 44
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS
TO VARIOUS CHAPTERS OF TITLE 8 (ZONING ORDINANCE) OF THE DUBLIN
MUNICIPAL CODE INCLUDING CHAPTER 8.08 (DEFINITIONS), CHAPTER 8.12 (ZONING
DISTRICTS AND PERMITTED USES OF LAND), CHAPTER 8.36, (DEVELOPMENT
REGULATIONS), CHAPTER 8.64 (HOME OCCUPATIONS REGULATIONS), CHAPTER 8.76
(OFF-STREET PARKING AND LOADING REGULATIONS), CHAPTER 8.84 (SIGN
REGULATIONS), AND CHAPTER 8.108 (TEMPORARY USE PERMIT REGULATIONS)
P A 06-054
WHEREAS, amendments to the Zoning Ordinance have been adopted from time to time since the
adoption of the City's original Zoning Ordinance in 1997 in order to effectively regulate development
within the City; and
WHEREAS, the previous comprehensive revision to Title 8 (Zoning Ordinance) of the Dublin
Municipal Code was adopted by the City Council on September 17, 2002 (Ordinance No.16-02); and
WHEREAS, since this time, Staff has determined that Chapter 8.08 (Definitions), Chapter 8.12
(Zoning Districts and Permitted Uses of Land), Chapter 8.36, (Development Regulations), Chapter 8.64
(Home Occupations Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter
8.84 (Sign Regulations), and Chapter 8.108 (Temporary Use Permit Regulations) of Title 8 (Zoning
Ordinance) of the Dublin Municipal Code, should be amended to more effectively regulate the
development of the City of Dublin; and
WHEREAS, the proposed amendments to the Zoning Ordinance are set forth in the proposed
Ordinance that is attached as Exhibit A to this Resolution; and
WHEREAS, pursuant to Section 8.120.050.B of the Dublin Municipal Code, the Planning
Commission finds that the Zoning Ordinance Amendment is consistent with the Dublin General Plan and
all applicable Specific Plans; and
WHEREAS, the project has been found to be 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 does not have the potential for causing a significant effect on the
environment; and
WHEREAS, the Planning Commission did hold a public hearing on said amendments to Title 8
(Zoning Ordinance) of the Dublin Municipal Code on October 10, 2006, for which proper notice was
given in accordance with California State Law; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission
recommend City Council approval of the amendments to Title 8 (Zoning Ordinance) of the Dublin
Municipal Code; and
WHEREAS, the Planning Commission at its October 10, 2006, 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 recommend that the City Council approve amendments to various Chapters of the Title 8 (Zoning
Ordinance) of the Dublin Municipal Code including Chapter 8.08 (Definitions), Chapter 8.12 (Zoning
Districts and Permitted Uses of Land), Chapter 8.36, (Development Regulations), Chapter 8.64 (Home
Occupations Regulations), Chapter 8.76 (Off-Street Parking and Loading Regulations), Chapter 8.84
(Sign Regulations), and Chapter 8.108 (Temporary Use Permit Regulations), as described in Exhibit A to
this Resolution.
PASSED, APPROVED AND ADOPTED this 10th Day of October 2006 by the following votes:
AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle and King
NOES: None
ABSENT: Commissioner Fasulkey
ABSTAIN: None
W r5Zt4---
Planning Commission Chairperson
ATTEST:
----
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2
ORDINANCE NO. XX - 06
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
************************************************
AMENDING CHAPTER 8.08 (DEFINITIONS), CHAPTER 8.12 (ZONING DISTRICTS AND
PERMITTED USES OF LAND), CHAPTER 8.36, (DEVELOPMENT REGULATIONS),
CHAPTER 8.64 (HOME OCCUPATIONS REGULATIONS), CHAPTER 8.76 (OFF-STREET
PARKING AND LOADING REGULATIONS), CHAPTER 8.84 (SIGN REGULATIONS), AND
CHAPTER 8.108 (TEMPORARY USE PERMIT REGULATIONS) OF TITLE 8 (ZONING
ORDINANCE) OF THE DUBLIN MUNICIPAL CODE
P A 06-054
WHEREAS, the City of Dublin has determined that the Definitions of the Dublin Municipal
Code (Chapter 8.08), Zoning Districts and Permitted Use Of Land of the Dublin Municipal Code
(Chapter 8.12); Development Regulations of the Dublin Municipal Code (Chapter 8.36); Home
Occupations Regulations of the Dublin Municipal Code (Chapter 8.64); Off-Street Parking And
Loading Regulations of the Dublin Municipal Code (Chapter 8.76); Sign Regulations of the Dublin
Municipal Code (Chapter 8.84); and the Temporary Use Permit Regulations ofthe Dublin Municipal
Code (Chapter 8.108) must be revised to more effectively regulate development within the City; and
WHEREAS, the exact text amendments are shown in Section 2 of this Ordinance; and
WHEREAS, the Planning Commission did hold a properly noticed pubic hearing on this project
on October 10, 2006, and did adopt Resolution 06-xx recommending that the City Council approve
amendments to Title 8 (Zoning Ordinance)ofthe Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council on November 7,
2006; and
WHEREAS, a Staff Report was submitted recommending that the City Council approve the
Zoning Ordinance Amendments; and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council
finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan; and
WHEREAS, the City Council did hear and use its independent judgment and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
Section 1.
RECITALS
Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this
ordinance is exempt from CEQA per CEQA Guidelines Section 15601(b) (3). Section 15601(b) (3) states
that CEQA applies only to those projects that have the potential to cause a significant effect on the
environment. This adoption of this ordinance is exempt from CEQA because the ordinance does not, in
itself, allow the construction of any building or structure, but it sets forth the regulations that shall be
followed if and when a building or structure is proposed to be constructed or a site is proposed to be
EXHIBIT A
developed. This ordinance of itself, therefore, has no potential for resulting in significant physical change
in the environment, directly or ultimately.
Section 2.
Zoning Ordinance Text Amendments: Title 8 (Zoning Ordinance) of the Dublin Municipal Code shall
be amended as set forth below, only in those sections so noted. Text to be removed is shown in
strikethrough and text to be added is shown as underlined.
Chapter 8.08, Definitions. The proposed amendments to Section 8.08.020 are as follows:
Community Facility (use type). The term Community Facility shall mean any of the following
uses or buildings: Place of Worship, rectory or convent; school attendance at which satisfies the
requirements of the Compulsory Education Law of the State; library; college; museum; university;
public utility building or uses; pipelines and transmission lines, park-and-ride lots, publicly-owned
storage garage, repair shop, or corporation yard; water extraction and/or storage facility; or other
similar use or structure determined to be substantially similar to the above by the Director of
Community Development."
Small Family Day Care Home /Small (use type). The term Small Family Day Care Home shall
mean a home which provides family day care to 8 or feY/er up to 8 children, including children
under the age of 10 who reside in the home. A Small Family Day Care Home shall be considered a
residential use of property. No permits or business license are required.
baFge Family Day Care Home /Lar2e (use type). The term Large Family Day Care Home shall
mean a home which provides family day care to 9 to 11 up to 14 children, inclusive, including
children under the age of 10 years who reside in the home.
Main Building. See Principal Structure Building.
Personal Services (use type). The term Personal Services shall mean a barber shop, nail salon,
beauty parlor, tattoo and body piercing, tanning salon, self-service laundry (coin-operated), full-
service laundry (not a dry cleaning plant) or other service determined to be substantially similar to
the above by the Director of Community Development.
Recreational Facility/Indoor (use type). The term Recreational Facility/Indoor shall mean
establishments providing amusement, entertainment, or physical fitness services typically
occurring indoors for a fee or admission charge, such as, but not limited to: arcades containing
coin-operated amusements and/or electronic games (five or more such games or coin-operated
amusements in any establishment constitutes an arcade pursuant to this definition, four or less are
not considered a land use separate from the primary land use of the site); card rooms, billiard and
pool halls, bowling alleys; laser tag businesses; ice skating and roller skating; dance
studios/schools; recording studios; fitness centers, gymnasiums, health and athletic clubs including
indoor sauna, spa or hot tub facilities; martial arts studios; tennis, handball, racquetball, ice rinks,
indoor archery and shooting ranges, indoor soccer or hockey facilities, swimming pools, theaters
(other than adult business establishments), auditoriums, and other indoor sports activities
determined to be substantially similar to the above by the Director of Community Development.
Recreational Facility/Indoor does not include a dance floor.
Page 2 of8
Recreational Vehicle. The term Recreational Vehicle shall mean a motor home, travel trailer,
utility trailer, boat on a trailer, horse trailer, camper where the living area overhangs the cab,
camping trailer, or tent trailer, with or without motive power, and other vehicles determined to be
substantially similar to the above by the Director of Community Development.
Salvage and Wrecking Yards (use type). The term Salvage and Wrecking Yards shall mean the
use of more than 200 square feet outside of a building on any lot for the handling or storage of
inoperable vehicles, scrap metal, paper, rags, or discarded, salvaged or waste materials of any kind.
The term includes automobile wrecking yards; used lumber yards; junk yards and storage of
salvaged house wrecking and structural steel materials and equipment. This term does not include
yards for the sale of operable used cars or machinery, Auction Yards, or the incidental processing
of used or salvaged materials where permitted as part of a lawful manufacturing or industrial use
on the same premises.
Traffic Visibility Area, of the Dublin Municipal Code is amended to be illustrated as follows:
-'Il ~I
. /1 ----,
II '8 ! I
i FRONT ~ I 30'
I.......Y~~DA"~ )~
SIDEWALK '
1_30,.-J
TRAFFIC VISI8L1TY AREA
Chapter 8.12, Zoning Districts and Permitted Uses of Land, Section 8.12.050, Permitted and
Conditionally Permitted Uses of Land, is amended to read as follows:
RESIDENTIAL USE TYPES
RESIDENTIAL USE TYPE A R-l R-2 R-M C-O C-N C-l C-2 M-P M-l M-2
bafge Family Day Care Home/ CIPC C/PC CIPC C/PC - - - - - - -
Large
(9-14 UP to 14 Children)
&Hall Family Day Care Home/ P P P P
Small
(+-& up to 8 Children)
Chapter 8.36, Development Regulations. The proposed amendments to Chapter 8.36 are as follows:
Section 8.36.050.B.3, Compensating Provision of Side Yard. Notwithstanding the yard
requirements of this Ordinance, a Side Yard may have a depth of not less than 5 feet if that portion
of the Side Yard that is covered by a structure is compensated for by open areas within the same or
adjacent yards on the same parcel that exceed Side and Rear Yard requirements by an area at least
equal to the extent of the building coverage of the Side Yard. The Compensating Provision of
Side Yard exception is not applicable to a Street Side Yard.
Page 3 0[8
Section 8.36.100.A, Applicability of coverage regulations. Maximum lot coverage regulations
are intended to establish the maximum lot area that may be covered with buildings and structures.
Buildings and structures include all land covered by principal buildings, garages and carports,
accessory structures (with the exception of one 120 square foot accessory structure, permitted on
lots less than 5,000 square feet in size, which shall be exempt from the coverage regulations),
covered decks and gazebos, and other enclosed and covered areas; but not standard roof
overhangs, cornices, eaves, uncovered decks, swimming pools, paved areas such as walkways,
driveways, patios, uncovered parking areas or roads.
Chapter 8.64, Home Occupations Regulations, Section 8.64.030.C, Construction Equipment/Work
Vehicles. No construction equipment or work vehicles such as plumbing vans, electronic repair vans, or
similar equipment or work vehicles (except a Company Vehicle permitted by Section 8.64.040.E
8.64.030.E below), as determined by the Director of Community Development, shall be stored which is
used by the occupant of the residence or his/her employees in connection with a Home Occupation.
Chapter 8.76, Off Street Parking and Loading Regulations, The proposed amendments to Chapter
8.76 are as follows:
Section 8.76.070.A.7.e, Minimum parking dimensions. Minimum parking dimensions in feet
shall be as indicated in Table 76-1 and as illustrated by Figure 76-1
Table 76-1
A (in B X C D E F A B X C D E F
degrees)
90C 8.0 17.0 17.0 24.0* 8.0 @.,() 45 C 8.0 17.0 17.7 16.0 11. 51.4
58.0 3
90F 9.0 20.0 20.0 24.0* 9.0 66,9 45 F 9.0 20.0 20.5 16.0 12. 57.0
64.0 7
80C 8.0 17.0 18.1 24.0* 8.1 ~ 30C 8.0 17.0 15A 16.0 16. 46.8
60.2 0
80 F 9.0 20.0 21.3 24.0* 9.1 ~ 30 F 9.0 20.0 17.8 16.0 18. 51.6
66.6 0
70C 8.0 17.0 18.7 20.0 8.5 57A 20C 8.0 17.0 13.3 16.0 23. 42.6
4
70 F 9.0 20.0 21.9 20.0 9.6 63.8 20F 9.0 20.0 15.3 16.0 26. 46.6
3
60C 8.0 17.0 18.7 19.0 9.2 56A OC 8.0 17.0 0.0 20.0 23. 20.0
0
60 F 9.0 20.0 21.8 19.0 lOA 62.6 OF 9.0 20.0 0.0 20.0 23. 20.0
0
A = Parking Angle, B = Stall Width, X = Stall Length, C = Compact Space, D = Aisle Width, E = Curb Length per Car, F =
Full Sized Space
* The Director of Public Works may require a larger back-up distance where sight distances are inadequate and for multi-family
residential developments."
Section 8.76.070.A.25, Vehicle Parking on posted private property is prohibited. It is
unlawful for any person to drive or park a motor vehicle upon land or premises where the owner or
the person occupying or having possession of or the agent thereof shall have posted on such
property or premises a notice as described in Municipal Code Section 6.04.200. It is also unlawful
for any person without permission of the owner or people entitled to the possession thereof to park
Page 4 of 8
or store any motor vehicles in or upon any private property for the purposes of sale or advertising
for sale and so as to interfere with the use thereof.
Section 8.76.080.B, Residential Use Types, of the Dublin Municipal Code is amended to read as
follows:
Residential Use Types Number of Parking Spaces Required
baFge Family Day Care Home 2 per dwelling, plus 1 space for every employee not residing in
ILarge t9-I41 (up to 14) the home, plus one loading space for every 4 children in the
facility
,Small Family Day Care Home Not regulated
ISmaIl 8-81 (up to 8)
Single Family/Duplex/Mobile Home
Chapter 8.84, Sign Regulations. The proposed amendments to Chapter 8.84 are as follows:
Section 8.84.020.NN. Temporary Promotional Signs. The term Temporary Promotional Signs
shall mean temporary banners, flags, balloons, and searchlights as regulated in section
8.84.050(T), seareh.lights and similar advertising devices when used for grand-opening events,
special promotional events, or promotional needs such as "Now Hiring" or "Help Wanted"
banners and other needs of a similar nature as determined by the Director of Community
Development.
Section 8.84.030. Sign Approvals and Decision making Authority by Zoning District. Matrix
A, of the Dublin Municipal Code is amended to read as follows:
Sign Type A R-l, R-2, C-N c-o C-l C-2 M-P, M-l,
R-M M-2
Coming Soon X X BP BP BPZC BPZC BPZC
ZC ZC
Permanent Banner X X X X SDR(ZA) SDR(ZA) SDR(Zl\)
Sign MSP/SDR MSP/SDR MSP/SDR
Section 8.84.040. Matrix B, Sign Development Regulations of the Dublin Municipal Code is
amended to read as follows:
Page 5 of8
Maximum Maximum Maximum Location Copy Additional
Number of Height Area per side Requirements Restrictions * Regulations *
siens in SQ. ft. *
Wall As Jlermitted 2 ft. 6 in. 1 sq. ft. per 1 per business NIA May project
Sec. 8.84.11 OV by-See. lineal ft. of or tenant 12 inches, 30
8.8UI0 f..7. Tenant frontage with inches wI SDR.
1 per business Frontage to maximum of Max. sign
or tenant maximum of three length 24 ft.
frontaee with 150 sq. ft. frontages.
maximum of (with SDR,
three 1.5/1ineal ft. to
frontaees. max of 250 sq.
ft.); 25%
bonus if tenant
space is 100 ft.
from Street.
Seetion 8.84.050.0. Pole Signs. Pole Signs Me permitted "'lith a Zoning Clearance.
Section 8.84.050.R. Service Station Price Signs. Service Station Price Signs indicating gasoline
prices, products offered for sale, methods of sale and types of available services offered are
permitted when accessory to an existing service station, provided:
1. One (1) price sign is permitted along each street frontage to a maximum of two (2) price signs.
2. Each price sign shall have a heavy type face and be clearly visible from adjacent streets and
may have a maximum area of sixteen (16) square feet per side for service stations offering
three (3) fuel products; or a maximum area of twenty-four (24) square feet per side for service
stations offering four (4) or more fuel products.
3. The maximum sign height shall not exceed six (6) feet.
4. A price sign may be attached to, combined with and made part of a Service Station Sign
Display Structure pursuant to Section 8.81.050.P 8.84.050.0.
5. All signage conforms to the requirements of Business and Professions Code Section 13530 et.
seq . "
Section 8.84.050.T, Temporary Promotional Signs. Temporary Promotional Signs permitted
pursuant to a Zoning Clearance may be placed on site for a maximum of fifteen (15) consecutive
calendar days per permit when used for special promotional events or needs. A minimum waiting
period of thirty (30) consecutive calendar days between permits is required, with the exception of
balloons as defined herein and temporary banners for apartment communities. A Banner Sign shall
not be larger than 30 inches by 24 feet in size.
One (1) temporary banner for apartment communities is permitted pursuant to a Zoning Clearance
and may be placed on site for a maximum of ten (10) consecutive calendar days per permit when
used for special promotional events or needs. A minimum waiting period of twenty (20)
consecutive calendar days between permits is required. In addition, the duration in which banners
may be displayed is limited to a maximum duration of 90-days per calendar year. A temporary
banner sign for apartment communities shall not be larger than 12-square feet (see Section
8.84.020.B for definition of apartment communities).
Any tethered or un-tethered balloon of greater than 15 inches in diameter shall be permitted only
as a temporary promotional sign and subject to a permit. All balloons shall be tethered to the
ground only with the bottom of the balloon on the ground and shall not be permitted to be attached
Page 6 of8
to any structure or vehicle. No permit(s) singularly or cumulative shall be issued that allows any
temporary promotional signs that include balloons for more than 21 days per calendar year. Zoning
clearance( s) may be issued for periods less than 15 days.
Up to 4 searchlights, attached to function as a single unit, are permitted as a Temporarv
Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulative shall be
issued that allows any temporary promotional sign( s) that include searchlights for more than 21
days per calendar year. Zoning clearance( s) may be issued for periods less than 15 days.
Section 8.84.110.A.7. Number of Building Frontages. Each business or tenant space may be
permitted a maximum of three (3) building frontages with maximum of one wall sign per frontage.
Section 8.84.140.C. Holiday Lights and Decorations. Holiday lights (if lighted) and decorations
commonly associated with any national, local or religious holiday erected no sooner than forty-five
(45) calendar days before the holiday and removed within fourteen (14) calendar days following
the holiday. Holiday balloons, including large balloons used in coni unction with a holiday event,
are exempt from obtaining a Sign Permit when located in a Residential Zoning District.
Chapter 8.108 Temporary Use Permit. The proposed amendments to Chapter 8.108 are as follows:
Section 8.108.010 Purpose. The purpose of this Chapter is to establish a procedure for approving
minor temporary land uses that meet established development review standards and are acceptable
because of their temporary nature. The ooly permitted minor temporary land uses permitted are
those specified in Section 8.108.020 and other temporary land uses determined to be similar by the
Director of Community Development.
Section 8.108.020.1. Outdoor Sales by Established Businesses. Each individual Outdoor Sale by
an Established Business shall be limited to a maximum of 4 consecutive days, with a maximum of
6 such events during a one-year period. and no business may participate in more than 6 events
during a one year period, A minimum waiting period of 3 consecutive calendar days between
Temporary Use Permits is required. Each Outdoor Sales event by an established business shall be
subject to standards established by the Director of Community Development.
Section 8.108.020.L. Temporary Construction Trailer. A Temporary Construction Trailer may
be permitted during the period of construction of the buildings or lots on a development site
subject to standards established by the Director of Community Development, on the same
premIses.
A Temporary Storage Container associated with construction in residential districts that meet the
following conditions may be permitted pursuant to this section:
1. Request is to locate a temporary storage container in coni unction with remodeling or
reconstruction work at the proiect site.
2. Container must be located on private property, not in the public right-of-way.
3. Container must be located on driveway or other paved surface, not in other front yard or
landscaped areas.
4. Container may be located in the rear yard
Page 7 of8
Section 3
Conforming Amendments: Chapters 8.08, 8.12, 8.36, 8.40, 8.64, 8.76, 8.84, and 8.108 of the Dublin
Municipal Code shall be re-numbered and/or re-Iettered as necessary to accommodate and/or reflect the
foregoing amendments.
Section 4.
Severability: 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 5.
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 , 2006, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
Attest:
City Clerk
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