HomeMy WebLinkAbout4.03 Amend Zoning Ordinance zOYnor.
1y� `� CITY CLERK
� STAFF REPORT _2
r� �� CITY COUNCIL File #450-20
DATE: August 18, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager ////,
J
SUBJECT: 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) - PLPA-2015-00028
Prepared by Kristi Bascom, Principal Planner
EXECUTIVE SUMMARY:
The City is initiating amendments to the Zoning Ordinance to bring greater clarity and
consistency to existing regulations. Amendments are proposed to Chapters 8.08 (Definitions),
8.40 (Accessory Structures and Uses Regulations), and 8.76 (Off-Street Parking and Loading
Regulations). The amendments include 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.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council waive the reading and adopt the Ordinance 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).
,
Submitted By Reviewed By
Community Development Director Assistant City Manager
DESCRIPTION:
Periodically, the City 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. The changes
proposed at this time relate to clarifying the allowed accessory uses and activities in residential
Page 1 of 3 ITEM NO 4.3
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.
On July 21, 2015, Staff presented the City Council with a Staff Report that outlined amendments
to the following chapters of the Zoning Ordinance:
Chapter 8.08 (Definitions) is proposed to be amended to add definitions for "Apartment",
"Condominium", "Senior Citizen Apartment", and "Townhouse", revise the definitions for
"Duplex" and "Massage Establishment", and remove the definition for "Conditional Use
Permit".
Section 8.40.030.E.7 (in the Accessory Structures and Uses chapter) and Section
8.76.060.J (in the Off Street Parking and Loading chapter) are proposed to be amended
to clarify the prohibition on painting vehicles in residential zoning districts.
Section 8.76.080.B (in the Off Street Parking and Loading chapter) is proposed to be
amended to add "Townhouse" to the category of residential use types that require two
enclosed garage parking spaces per unit and clarify where unenclosed/guest parking may be
accommodated.
The Staff Report from July 21, 2015 (Attachment 1) is included to provide additional detail on
the exact text amendments being proposed.
The City Council is being asked to waive the second reading and adopt the Ordinance
(Attachment 2).
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE:
The proposed Zoning Ordinance Amendments are consistent with the Dublin General Plan and
all applicable Specific Plans in that the General Plan and applicable Specific Plans include
policies which support the development of residential uses and the proposed Zoning Ordinance
Amendments facilitate residential development by bringing greater clarity and consistency to
existing regulations.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Public Notice was published in the Valley Times and posted at several locations throughout
the City and provided to all parties who have requested such notice. The Staff Report for this
public hearing was also made available on the City's website.
ENVIRONMENTAL REVIEW:
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, Staff is recommending that
the proposed Ordinance be found exempt from CEQA per CEQA Guidelines Section
15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that may have
the potential to cause a significant effect on the environment. The adoption of the proposed
Ordinance is exempt from CEQA because the Ordinance does not allow the establishment of
any use or the construction of any building or structure, but sets forth the regulations that shall
Page 2 of 3
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 development. This Ordinance, therefore,
has no potential for resulting in significant physical change in the environment, directly or
ultimately.
ATTACHMENTS: 1. Staff Report dated July 21, 2015 (without attachments)
2. Ordinance 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)
Page 3 of 3
or
19 82 STAFF REPORT CITY CLERK
` CITY COUNCIL File #450-20
DATE: July 21, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: 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) - PLPA-2015-00028
Prepared by Kristi Bascom, Principal Planner
EXECUTIVE SUMMARY:
The City Council will consider amendments to the Zoning Ordinance to bring greater clarity and
consistency to existing regulations in Chapters 8.08 (Definitions), 8.40 (Accessory Structures
and Uses Regulations), and 8.76 (Off-Street Parking and Loading Regulations). The
amendments include clarifying the allowed accessory uses and activities in residential zoning
districts, amending existing definitions and creating new definitions for several residential use
types and massage establishments in the definitions chapter, and clarifying the parking
requirements for each residential use type in the parking chapter.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council conduct the public hearing, deliberate, waive the
reading, and INTRODUCE an Ordinance 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).
Submitted By 'Reviewed By
Community Development Director Assistant City Manager
DESCRIPTION:
Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or amend
certain provisions to ensure that the Zoning Ordinance remains internally consistent, simple to
Page 1 of 5 ITEM NO. 6.2
understand and implement, and relevant to changes occurring in the community. The changes
proposed at this time 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.
ANALYSIS:
The following discussion summarizes the proposed amendments to each of these chapters.
Underlined text is proposed to be added and text with a strikethro u ryh is proposed to be deleted.
Proposed Amendment 1: Remove the definition for "Conditional Use Permit".
Chapter 8.08 (Definitions) currently contains a definition to describe a Conditional Use Permit.
However, Conditional Use Permits are addressed in Chapter 8.100 of the Zoning Ordinance. No
other permit types (such as Site Development Review, Zoning Clearance, etc.) are defined in
Chapter 8.08. Additionally, Chapter 2.12.060 of the DMC does not define a Conditional Use
Permit. Because this definition is not needed, and as written it is internally inconsistent with
another chapter of the Municipal Code, Staff proposes to remove the following definition.
CondWonal Use Oe nit The term Gonditnal Use Perms defined in Chapter ') 06
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of the Dubhin MuniGipal Code.
Proposed Amendment 2: Add definitions for "Apartment", "Condominium", "Senior
Citizen Apartment", and "Townhouse", and revise the definitions for "Duplex" and
"Massage Establishment".
Chapter 8.76 (Off-Street Parking and Loading) provides parking requirements by use type. This
Chapter refers to residential product types such as apartments, condominiums, and single-
family homes, but there are definitions for only a few of these. In order to aid in the
implementation of the City's parking requirements, Staff proposes to add the following
definitions to Chapter 8.08 (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.
Staff proposes to amend the following existing definition in Chapter 8.08:
Page 2 of 5
Duplex. See h4ulfifamfiy Resklon„o q 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.
Another definition that requires revisions to ensure compliance with recently-proposed
amendments is the definition of Massage Establishment. On June 16, 2015, the City Council
introduced an Ordinance amending Chapter 4.20 and Chapter 8 related to the regulation of
massage establishments. To ensure that the definition of Massage Establishment is in
conformance with the amended regulations, Staff proposes to amend the definition in Chapter
8.08 as follows:
Massage Establishment (use type). The term Massage Establishment shall moan an
establishment having a fixed plaGe of business where any per-son engages in OF Garn.es on
OF penngs to be engaged in OF Gan4eed on any of the aGfivities inGluded in the definition o
massa.ge and b-athhouse shag be deemed a massage establishment A Conditional Use
-hag not be required for a Massage Establishment if it �s lOGated within a hospital,
home, or sanitarium, OF for per-sons holding an unrevoked Ged&ate to praGUGe
the heahing alls under the laws of the State of Gahifornia, or per-sons working under th
direGfiOn of any SUGh per-sons in any sUGh establishments, nor shag it be required fe
holding a vaW, unrevoked hic-ense OF GeltifiGate of registration issued by the state o
Galifeia The term Massage Establishment shall mean any establishment having a fixed
place of business where any person engages in or carries on or permits to be engaged in
or carried on any of the activities described in the definition of"Massage"
Proposed Amendment 3: Painting of vehicles in residential districts.
The painting of vehicles in a residential district is currently prohibited by the Zoning Ordinance.
Staff is proposing amendments to Section 8.40.030.E.7 and Section 8.76.060.J to bring further
clarity to these regulations which seek to maintain the residential character of neighborhoods by
eliminating the potential for unsightly conditions and the odor and noise associated with such
activities. The following are the proposed amendments to the existing language.
The proposed amendment to Section 8.40.030.E.7 will remove the word "motorized" from the
description to clarify that whether it is an automobile, boat, trailer, or other type of vehicle,
whether motorized or not, is not allowed to be painted in a residential area.
Section 8.40.030.E.7 (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 m^t ad 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 8.76.060.)(Repair; or dismantling or painting-of parked vehicles).
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 r "fig. 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.
Page 3 of 5
The proposed amendment will remove all reference to "painting" in this section. The Accessory
Uses Section (Section 8.40.030.E.7) specifically prohibits the painting of vehicles in residential
zoning districts, yet by referencing painting, Section 8.76.060.J seems to imply that there are
locations in which someone could paint a vehicle at a residence. That is not the case.
Proposed Amendment 4: Clarify parking requirements.
Amend Section 8.76.080.13 (Parking Requirements by Use Type — Residential Use Types) to
add "townhouse" to the category of residential use types that require two enclosed garage
parking spaces per unit and clarify where unenclosed/guest parking may be accommodated.
Only the following rows in the table for this section are proposed to be changed, 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.
Staff has prepared draft Zoning Ordinance Amendments to address the proposed amendments
described above, which are detailed in Attachment 1.
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE:
The proposed Zoning Ordinance Amendments are consistent with the Dublin General Plan and
all applicable Specific Plans in that the General Plan and applicable Specific Plans include
policies which support the development of residential uses and the proposed Zoning Ordinance
Amendments facilitate residential development by bringing greater clarity and consistency to
existing regulations.
PLANNING COMMISSION REVIEW
The Planning Commission reviewed the proposed Zoning Ordinance Amendments at a public
hearing on June 23, 2015 (Attachment 2). After discussion and deliberation, the Planning
Commission adopted Resolution 15-05 recommending approval of the Ordinance to the City
Council (Attachment 3).
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Public Notice was published in the Valley Times and posted at several locations throughout
the City and provided to all parties who have requested such notice. The Staff Report for this
public hearing was also made available on the City's website.
ENVIRONMENTAL REVIEW:
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, Staff is recommending that
the proposed Ordinance be found exempt from CEQA per CEQA Guidelines Section
Page 4 of 5
15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that may have
the potential to cause a significant effect on the environment. The adoption of the proposed
Ordinance is exempt from CEQA because the 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.
ATTACHMENTS: 1. Ordinance 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).
2. June 23, 2015 Planning Commission Meeting Minutes (Draft)
3. Planning Commission Resolution 15-05
Page 5 of 5
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 15-05 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 July 21, 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 8.120.050.13 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
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 definitions are 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.
Massage Establishment. Any establishment having a fixed place of business where any
person engages in or carries on or permits to be engaged in or carried on any of the activities
described in the definition of"Massage."
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.
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SECTION 5:
Section 8.76.060.J is hereby amended to read as follows:
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 8.76.080.13 (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 8.76.080.13 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 , 20157 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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