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Home My WebLink AboutPC Reso 15-05 ZOA Chapters 8.08, 8.40, 8.76 RESOLUTION NO. 15-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTERS 8.08 (DEFINITIONS), 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), AND 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS) EFFECTIVE CITY-WIDE PLPA-2015-00028 WHEREAS, the City occasionally initiates amendments to the Zoning Ordinance to clarify, add or amend certain provisions to ensure that the Zoning Ordinance remains internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS, proposed amendments relate to clarifying the allowed accessory uses and activities in residential zoning districts, amending existing definitions and creating new definitions for several residential use types in the definitions chapter, and clarifying the parking requirements for each residential use type in the parking chapter; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, Staff is recommending that the Planning Commission recommend that the City Council find this project exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) will not have a significant effect on the environment; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending City Council approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the Planning Commission held a public hearing on said application on June 23, 2015; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 23rd day of June 2015 by the following vote: AYES: Goel, Do, Mittan, Bhuthimethee NOES: ABSENT: Kohli ABSTAIN: Planning Commission Chair ATTEST:1 Assista C munity Development Director 2 of 2 ORDINANCE NO. xx — 15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * APPROVING AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTERS 8.08 (DEFINITIONS), 8.40 (ACCESSORY STRUCTURES AND USES REGULATIONS), AND 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS) EFFECTIVE CITY-WIDE PLPA-2015-00028 WHEREAS, the City occasionally initiates amendments to the Zoning Ordinance to clarify, add or amend certain provisions to ensure that the Zoning Ordinance remains internally consistent, simple to understand and implement, and relevant to changes occurring in the community; and WHEREAS, proposed amendments relate to clarifying the allowed accessory uses and activities in residential zoning districts, amending existing definitions and creating new definitions for several residential use types in the definitions chapter, and clarifying the parking requirements for each residential use type in the parking chapter; and WHEREAS, the Planning Commission held a public hearing on June 23, 2015 and adopted Resolution 14-xx recommending City Council adoption of the proposed Zoning Ordinance Amendments; and WHEREAS, a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the City Council held a public hearing on the project on , 2015, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: SECTION 1: Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable Specific Plans in that the amendments propose procedural, clean-up and minor revisions and raise no inconsistencies with the General Plan or any specific plans. SECTION 2: The California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Pursuant to CEQA, the City Council hereby EXHIBIT A TO ATTACHMENT 1 finds the project exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) will not have a significant effect on the environment. The adoption of the proposed Ordinance does not allow the establishment of any use or the construction of any building or structure, but sets forth the regulations that shall be followed if and when a use is proposed to be established, or a building or structure is proposed to be constructed, or a site is proposed to be developed. This Ordinance, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. SECTION 3: Section 8.08.020 is hereby amended to add the following definitions: Apartment. The term Apartment shall mean a multi-family building of three or more individual residential units that is under single ownership. Condominium. The term Condominium shall mean a multi-family building where the units are individually owned and the common space is owned collectively by condominium unit owners. Senior Citizen Apartment. The term Senior Citizen Apartment shall mean a multi-family building of three or more residential units that is under single ownership where all units are restricted to occupants aged 62 and above. Townhouse. The term Townhouse shall mean a single-family unit constructed in a group of three or more attached units in which each unit extends from the foundation to the roof and with its own front and rear access to the outside. A townhouse unit can be individually owned. The following definition is proposed to be amended to read as follows: Duplex. A building on a single lot containing two dwelling units each of which is totally separated from the other by a shared wall that extends from the foundation to the roof. The definition for a "Conditional Use Permit" is proposed to be removed from Chapter 8.08. SECTION 4: Section 8.40.030.E.7 is hereby amended to read as follows: Repair and maintenance of automobiles or other vehicles. The repair and maintenance of automobiles or other vehicles is permitted if work is being done on a vehicle registered to the occupant of the premises. Notwithstanding the above, painting of vehicles, or the repair and maintenance of any tractor trucks or semi-trucks is prohibited in any residential zoning district. No sound associated with the repair or maintenance of automobiles shall be audible at the property line. SECTION 5: Section 8.76.060.J is hereby amended to read as follows: 2 of 3 Repair or dismantling of a parked vehicle. No vehicle shall be parked in the Front Setback, area in front of a residence but behind the Front Setback, Street Side Setback in front of a fence, a Side Setback visible from the street, or driveway for the purpose of repair or dismantling. Repair shall mean brake repair, engine or transmission repair or replacement, the replacement of parts under the hood of a vehicle (with the exception of fluids, batteries, and filters), and the replacement of parts under the vehicle. SECTION 6: The following rows in the table of Section 8.76.080.B (Parking Requirements by Use Type — Residential Use Types) are hereby amended to read as follows: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Single-Family/Duplex/Townhouse Lots of 4,000 square feet or less 2 in enclosed garage per dwelling* plus one on-street parking space per dwelling unit within 150 feet of that dwelling unit. Lots greater than 4,000 square feet 2 in enclosed garage per dwelling* plus one parking space per dwelling unit provided in the driveway or on- street within 150 feet of that dwelling unit. All other rows in Section 8.76.080.B shall remain as is. SECTION 7: 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 , 2015, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 3 of 3