HomeMy WebLinkAbout6.3 ZonOrdAmendPA02-040 CITY CLERK FILE #450-20
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 1, 2002
SUBJECT: PUBLIC HEARING PA 02-040 City of Dublin, Zoning Ordinance
Amendment - (Second Reading) Amendment to various Chapters of the
Dublin Municipal Code (Zoning Ordinance) including Chapter 8.08,
Definitions; Chapter 8.12, Zoning Districts and Permitted Use Of Land;
Chapter 8.36, Development Regulations; Chapter 8.40, Accessory
Structures And Uses Regulations; Chapter 8.64, Home Occupations
Regulations; Chapter 8.76, Off-Street Parking And Loading Regulations;
Chapter 8.84, Sign Regulations; Chapter 8.104, Site Development Review
Regulations; Chapter 8.108, Temporary Use Permit Regulations; and,
Chapter 8.144, Enforcement Regulations.
Prepared by Janet Harbin, Senior PlannerO~×~
ATTACHMENTS: 1. City Council Ordinance amending the Dublin Municipal Code
(Zoning Ordinance)
RECOMMENDATION:/ 1. Open Public Hearing
2. Receive Staff presentation and public testimony.
3. Close Public hearing and deliberate.
4. Waive the second reading and adopt the Ordinance (Attachment 1)
to amend the Dublin Municipal Code.
PROJECT DESCRIPTION:
On September 2, 1997, the City Council adopted a comprehensive revision of the Dublin Zoning
Ordinance. Implementation of the Zoning Ordinance during the past five years has revealed several areas
where the Ordinance requires clarification, improvement, and further revision to conform to changes in
related municipal codes and State law. Staff is recommending several amendments to various chapters of
the Zoning Ordinance (see attached Ordinance, Attachment 1). The amendments clarify language and
pertain to accessory structures, land uses, setbacks, parking or sign regulations. The chapters covered by
this revision are as follows:
· Cha ~ter 8.08, Definitions;
· Cha>ter 8.12, Zoning Districts and Permitted Use Of Land;
· Cha>ter 8.36, Development Regulations;
· Cha' >ter 8.40, Accessory Structures And Uses Regulations;
· Cha' >ter 8.64, Home Occupations Regulations;
· Cha >ter 8.76, Off-Street Parking And Loading Regulations;
· Cha'~ter 8.84, Sign Regulations;
COPIES TO: PA File
ITEM NO.
G : lpaO2-O4OlOrdinance2ndreading . doc
· Chapter 8.104, Site Development Review Regulations;
· Chapter 8.108, Temporary Use Permit Regulations; and,
· Chapter 8.144, Enforcement Regulations.
Further details of the changes and specific sections affected by the amendments are contained in
Attachment 1.
ANALYSIS:
As required by the City of Dublin Municipal Code, a second reading of the proposed Ordinance is
necessary prior to final adoption of the-- amendment of the zoning regulations. ~
Planning Commission Action
On August 27, 2002, the Planning Commission adopted Resolution No. 02-33 recommending that the
City Council adopt the ordinance to amend the Dublin Municipal Code as proposed in Attachment 1.
City Council Action
On September 17, 2002, the City Council heard a presentation from Staff summarizing the revisions to the
Zoning Ordinance. At the public hearing, the City Council waived the first reading of the Ordinance
(Attachment 1) to amend the Dublin Municipal Code.
RECOMMENDATION
Staff recommends that the City Council: 1) open the Public Hearing and receive Staff presentation; 2)
question Staff; 3) take testimony from the Public; 4) close Public Hearing and deliberate; 5) Waive the
second reading and adopt the Ordinance (Attachment 1) to amend the Dublin Municipal Code.
ORDINANCE NO. XX-02
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CHAPTER 8.08, DEFINITIONS; CHAPTER 8.12, ZONING DISTRICTS AND
PERMITTED USE OF LAND; CHAPTER 8.36, DEVELOPMENT REGULATIONS; CHAPTER
8.40, ACCESSORY STRUCTURES AND USES REGULATIONS; CHAPTER 8.64, HOME
OCCUPATIONS REGULATIONS; CHAPTER 8.76, OFF-STREET PARKING AND LOADING
REGULATIONS;CHAPTER 8.84, SIGN REGULATIONS; CHAPTER 8.104, SITE
DEVELOPMENT REVIEW REGULATIONS; CHAPTER 8.108, TEMPORARY USE PERMIT
REGULATIONS; AND, CHAPTER 8.144, ENFORCEMENT REGULATIONS, OF THE
MUNICIPAL CODE (ZONING ORDINANCE)
PA 02-040
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. I2); Development Regulations of the Dublin Municipal Code (Chapter 8.36); the Accessory
Structures and Uses Regulations of the Dublin Municipal Code (Chapter 8.40); 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); Site Development Review Regulations of the Dublin Municipal Code (Chapter
8.104); the Temporary Use Permit Regulations of the Dublin Municipal Code (Chapter 8.108); and, the
Enforcement Regulations of the Dublin Municipal Code (Chapter 8.144), must be revised to more
effectively regulate development within the City; and
WHEREAS, On August 18, 1997, the City Council adopted Resolution 103-97 finding that the
Comprehensive Revision to the Zoning Ordinance, including Chapter 8.08, Definitions; Chapter 8.12,
Zoning Districts and Permitted Use Of Land; Chapter 8.36, Development Regulations; Chapter 8.40,
Accessory Structures And Uses Regulations; Chapter 8.64, Home Occupations Regulations; Chapter 8.76,
Off-Street Parking And Loading Regulations; Chapter 8.84, Sign Regulations; Chapter 8.104, Site
Development Review Regulations; Chapter 8.108, Temporary Use Permit Regulations; and, Chapter
8.144, Enforcement Regulations, is exempt from the California Environmental Quality Act (CEQA).
Various changes to the Municipal Code listed above would also not create environmental impacts. These
changes are also 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
WHEREAS, the Planning Commission did hold a properly noticed pubic hearing on this project
on August 27, 2002, and did adopt Resolution 02-33 recommending that the City Council approve
amendments to Title 8 (Zoning Ordinance) of the Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council on September 17,
2002; and
WHEREAS, a Staff Report was submitted recommending that the City Council approve the
Ordinance Amendment; and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council
finds that the Ordinance Amendment is consistent with the Dublin General Plan; and
ATTACHMENT 1 ~//~
cc-or . oc /_.. t
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.
Section 8.08.020, Accessory Structure, of the Dublin Municipal Code is amended to read as follows:
"Accessory Structure. The term Accessory Structure shall mean a detached structure or building
accessory and subordinate to a lawfully established Principal Structure on the same lot, and sUch
other accessory structures, as determined by the Director of Community Development, which are
necessarily and customarily associated with, and are appropriate, incidental, and subordinate to,
such lawfully established Principal Structure and which does not change the character of the
Principal Structure."
Section 2.
Section 8.08.020, Fireworks Sales (use type), of the Dublin Municipal Code is amended to read as
follows:
"Fireworks Sales (use type). The term Fireworks Sales shall mean the temporary sale of
fireworks as regulated by the Fire Marshall."
Section 3.
Section 8.12.050, Permitted and Conditionally Permitted Land Uses, of the Dublin Municipal Code is
amended to read as follows:
"COMMERCIAL USE TYPES
COMMERCIAL USE TYPE A R-1 R-2 R-3 R-4 C-O C-N C-1 C-2 M-P M-I M-2
Eating and Drinking - C/ZA C/ZA PP - -"
Establishment C/ZA C/ZA
Section 4.
Section 8.36.050.B.3, Compensating Provision of Side Yard, is added to the Dublin Municipal Code as
follows:
"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."
.2
Section 5.
Section 8,36.060.C.3, Enclosure of equipment required, of the Dublin Municipal Code is amended to
read as follows:
"3. Enclosure of equipment required.
For lots less than 5,000 square feet in size, mechanical equipment that generates noise
(such as swimming pool, spa and air conditioning equipment) on the property shall be
enclosed as necessary to reduce noise at the property line to a maximum of 50 dBA at any
time.
For lots 5000 square feet in size or larger, mechanical equipment that generates noise (such
as swimming pool, spa and air conditioning equipment) w3~'hen located within a required
setback as allowed by this subsection, and within 10 feet of an existing or potential
residence, or an existing paved patio area on adjoining property, mechan'~ca! equipment
· ip nt)
· --^^~ ~'-~ ~'~ cendifi~n'~ng equ me shall be
enclosed as necess~ to reduce noise at the prope~y line to a m~imm of 50 dBA at ~y
time."
Section 6.
Section 8.36.100.A, Applicability of coverage regulations, of the Dublin Municipal Code is amended to
read as follows:
"A. Applicability of coverage regulations. Maximum lot coverage regulations are intended to
establish the maximum lot area that which, may be covered with buildings and structures.
Buildings and structures include all land covered by principal buildings, garages and
carports, accessory structures (w/th 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."
Section 7.
Section 8.40.020.C.4, Inhabitable space, of the Dublin Municipal Code is amended to read as follows:
"4. Inhabitable space. Accessory structures, with the exception of Guesthouses and Second
Units, shall not be constructed so as to provide year-round inhabitable space."
Section 8.
Section 8.40.020.C.8, Separation of detached accessory structure from other structures on the same
lot, of the Dublin Municipal Code is amended to read as follows:
"8. Separation of detached accessory structure from other structures on the same lot. Ne
3
s~m~ !o~ The distance of a detached a¢¢esso~ structure from any other s~ructure on the
same ~ot shall be as determined by the Unifom~ Buildin~ Code."
Section 9.
Section 8.40.20.F.l.a, Adjacent a fence or wall, of the Dublin Municipal Code is hereby deleted.
Section 10.
Section 8.40.20.F.l.e, Maximum square footage of detached accessory structures (excluding
swimming pools) on a lot, of the Dublin Municipal Code is amended to read as follows:
"e. Maximum square footage of detached accessory structures (excluding swimming
pools) on a lot.
For lots less than 5,000 square feet in size, one accessory structure in the Rear Yard with a
maximum of 120 square feet shall be exempt from the Coverage Requirements.
For lots 5,000 square feet in size or larger, tZghe combined maximum square footage of all
accessory structures on a lot such as a detached accessory garage, workshop, studio, or
office shall not exceed 1,000 square feet unless a larger size is approved by the Zoning
Administrator by means of a Conditional Use Permit."
Section 11.
Section 8.40.20.F.2.h, Heights and Setbacks, of the Dublin Municipal Code is amended to read as
follows:
'h. Heights and Setbacks. Heights and setbacks for detached shade structures, gazebos,
covered patios and enclosed structures are as follows:
For lots less than 5,000 square feet in size.
Shade Enclosed Enclosed Swimming
Structures, Structure Structure less pools, spas, hot
Gazebos, greater than 8 than or equal to tubs and
Covered Patios feet in height 8 feet in height associated
and equipment
Unenclosed
Structures
Height (max) 10 feet 10 feet 8 feet 8 feet
4
From Yard Not allowed Not allowed Not allowed Not allowed
Setback except for
Entry features
permitted by
Section
8.40.20.F.2.c
Side Yard 3 feet 3 feet 0 feet 0 feet
Setback
Street Side Yard 3 feet 3 feet 3 feet 0 feet
Setback
Rear Yard 3 feet 3 feet 0 feet 0 feet
Setback
For lots 5,000 square feet in size or larger.
5
Shade Enclosed Enclosed Swimming
Structures, Structure Structure less pools, spas, hot
Gazebos and greater than _8 than or equal to tubs and
Covered Patios feet in fence eight feet in associated
and unenclosed height fence height equipment
structures
Height (max) 15 feet 15 feet 8 feet 8 feet
Front Yard ! 5 feet Not allowed Not allowed Not allowed
Setback Not allowed
except for
Entry features
permitted by
Section
8.40.20.F.2.c
Side Yard 5 feet 5 feet 0 feet 3 feet *
Setback {1-) r~;
Street Side Yard 5 feet 5 feet 5 feet 3 feet *
Setback
Re~ Yard 5 feet 5 feet 0 feet 3 feet *
Setback
* Measured at waterline
Section 12.
Section 8.40.20.F.2.j.1, Setbacks, of the Dublin Municipal Code is hereby deleted.
Section 13.
Section 8.64.030.E, Company Vehicle, of the Dublin MuniciPal Code is amended to read as follows:
6
"E. Company Vehicle. One company vehicle (a truck, van, or automobile only) no larger than
3/4 ton in capacity (whether or not marked with a company name or logo) may be parked
in a residential zoning district and used by the occupant directly or indirectly in connection
with a Home Occupation."
Section 14.
Section 8.76.060E.7, Parking within a designated parking space, of the Dublin Municipal Code is
amended to read as follows:
"Section 8.76.060.gF.Parking within a designated parking space. All vehicles shall be parked
within the confines of parking spaces as striped on the ground and as shown on an approved Off-
Street Parking and Loading Plan."
Section 15.
Section 8.76.060E.8, Prohibited parking, of the Dublin Municipal Code is hereby deleted.
Section 16.
Section 8.76.060.E.8.a, Living or sleeping in vehicle parked upon any public right-of-way, of the
Dublin Municipal Code is amended to read as follows:
"aG. Living or sleeping in vehicle parked upon any public right-of-way. At no time shall a
motorhome, recreational vehicle, mobilehome or similar vehicle as determined by the
Director of Community Development, parked upon any public right-of-way in any zoning
district be occupied for living or sleeping purposes."
Section 17.
Section 8.76.060E.8.b, Living or sleeping in a vehicle parked or stored on a lot, of the Dublin
Municipal Code is amended to read as follows:
"bH. Living or sleeping in vehicle parked or stored on a lot. At no time shall a motorhome,
recreational vehicle, utility trailer, mounted or un-mounted camper top, boat or other similar
vehicle as determined by the Director of Community Development parked or stored on a lot be
occupied for living, sleeping, or any other purposes except as permitted by a Temporary Use
Permit or adjacent to a fireworks sales booth or as legally allowed in a bonafide trailer park,
mobilehome park, or recreational vehicle park."
Section 18.
Section 8.76.060.F. Parking of unlicensed or inoperable ("Non-Op") vehicles prohibited, of the
Dublin Municipal Code is amended to read as follows:
7
"Section 8.76.060.izi, Parking of indic-eased unregistered or inoperable ("Non-Op") vehicles
prohibited. N° un!'~censed unregistered or inoperable vehicle shall be parked or Stored in any
zoning district unless otherwise permitted by a Conditional Use Permit or if legitimately stored
while being actively repaired (not stored more than four weeks) by a permitted repair facility (non-
residential zoning districts only) ~'' ° front setback. ~ea ~'' ffor~ of a ~o~'~ .... or princiPal
Vehicles registered with the Department of Motor Vehicles as "Non-Op" are not considered to be
registered vehicles for the purpose of this Ordinance.".
Section 19.
Section 8.76.070.A.7.e, Minimum parking dimensions, of the Dublin Municipal Code is amended to
read as follows:
"e. Minimum parking dimensions. Minimum parking dimensions in feet shall be as
indicated in the following table 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 26.0 8.0 60.0 45 8.0 17.0 17.7 16.0 11. 51.4
24.0* C 3
90F 9.0 20.0 20.0 26.0 9.0 66.0 45 9.0 20.0 20.5 16.0 12. 57.0
24.0* F 7
80C 8.0 17.0 18.1 26.0 8.1 62.2 30 8.0 17.0 15.4 16.0 16. 46.8
24.0* C 0
80F 9.0 20.0 21.3 26.0 9.1 68.6 30 9.0 20.0 17.8 16.0 18. 51.6
24.0* F 0
70C 8.0 17.0 18.7 20.0 8.5 57.4 20 8.0 17.0 13.3 16.0 23. 42.6
C 4
70F 9.0 20.0 21.9 20.0 9.6 63.8 20 9.0 20.0 15.3 16.0 26. 46.6
F 3
60C 8.0 17.0 18.7 19.0 9.2 56.4 0C 8.0 17.0 0.0 20.0 23. 20.0
0
60F 9.0 20.0 21.8 19.0 10.4 62.6 0F 9.0 20.0 0.0 20.0 23. 20.0
0
C = Compact Space, 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 20.
Section 8.84.020,MM; Temporary Promotional signs, of the Dublin Municipal Code is amended to
read as follows:
"MM. Temporary Promotional Signs. The term Temporary Promotional Signs shall mean
temporary banners, flags, balloons as regulated in section 8.84.050(T), searchlights and similar
advertising devices when used en!y for 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 21.
Section 8.84.040, Matrix B, Sign Development Regulations, Temporary Promotional, of the Dublin
Municipal Code is amended to read as follows:
Temporary Per Zoning Per Zoning Per Zoning Only on site on Per Zoning Maximum of
Promotional Clearance. Clearance. Clearance. which business Clearance. l~onsecutive
Sec. 8.84.050.S Banner signs is located, calendar days
shah not be per permit; 30
larger than 30 consecutive
inches by 24 calendar day
feet. waiting period
between
permits."
Section 22.
Section 8.84.050.T, Temporary Promotional Signs, of the Dublin Municipal Code is amended to read
as follows:
"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. A Banner Sign shall not be larger than 30 inches by 24 feet in
size. 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 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."
Section 23.
Section 8.84.150.L, Rotating, Moving Signs, of the Dublin Municipal Code is amended to read as
follows:
"L. Rotating, Moving and Human Held Signs. Any sign which that rotates, moves, o~ contains
moving parts: or depicts animation in any manner, or any sign that is held by a human being in
any manner for a commercial purpose, including but not limited to advertising a product, real
property, or service."
Section 24.
Section 8.104.100, Waiver, of the Dublin Municipal Code is amended to read as follows:
"8.104.100 Waiver. The Community Development Director or his/her designee shall
dete~rmine may allow a minor physical change to an approved Site Development
Review as a Waiver upon determine, ding that a Site Development Review Waiver is
in substantial conformance with the Site Development Review if it: is a minor
project as described below, is Categorically Exempt frOm the Califomia
Environmental Quality Act, and is consistent with the conditions of approval for
the Site Development Review. It is not the intent of this Chapter that a series of
Site Development Review Waivers be used to circumvent the need for a new Site
Development Review. ^ ,~; ...... ;,~,,~ o,,~, ;.,,,h,~ ...... r.h,~ fo!!oYAng:
~e~ti~ ~.
Section 8.108.020.F, Fireworks Sales, of the Dublin Municipal Code is hereby deleted.
Section 26.
Section 8.144.070, Criminal Remedies, of the Dublin Municipal Code is amended t° read as follows:
"8.144.070 Remedies.
B. CriminalRemedies. Any person, firm or corporation guilty of an infraction under the provisions
of Title 8 shall be punishable upon a first con;'ictien infraction of a fine of not more than $100.00,
and for a second cen¥iction infraction within a period of one year by a fine of not more than
$200.00, and for a third or any subsequent conviction infraction within a one-year period by a fine
of not more than $500.00. Any violation beyond the third con:'icfion infraction within a one-year
period may be charged as a misdemeanor and the penalty for conviction of the same shall be
subject to fine or imprisonment or both not to exceed the limits set forth in California Penal Code
Section 19."
Section 27. Conforming Amendments. Chapters 8.08, 8.12, 8.36, 8.40, 8.64, 8.76, 8.84, 8.104, and
8.108 of the Dublin Municipal Code shall be re-numbered and/or re-lettered as necessary to accommodate
and/or reflect the foregoing amendments.
10
Section 28. 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 29. 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 1 st day of
October 2002, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
Attest:
City Clerk
g:pa02040\CC-ord.doc