HomeMy WebLinkAbout7.1 Muni Code & Zone Ord Update(V ~ -~
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CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 21, 2009
SUBJECT: Status of Comprehensive Update to Dublin Municipal Code and
Zoning Ordinance
Report Prepared by: John D. Bakker, City Attorney
ATTACHMENTS: 1. List of Completed Chapters
2. List of Chapters Recommended to Be Completed If Update
Suspended
3. List of Chapters with Low Priority
RECOMMENDATION: 1)
2)
FINANCIAL STATEMENT:
Receive Staff Presentation; and
Provide direction on the Update process.
DESCRIPTION: At its March 22, 2006 Goals and Objectives meeting, the City
Council approved with high priority the comprehensive update of the Dublin Municipal Code (DMC or
Code). The DMC had not been comprehensively reviewed in more than ten years, and the City Attorney
recommended updating it to ensure that the Code is consistent with state law and does not contain
provisions which present a litigation risk to the City. The DMC update began in Fiscal Year 2006-07 but
has not yet been concluded.
During a discussion of Dublin's City Budget at the City Council meeting on November 18, 2008, then
Vice-Mayor Sbranti raised the possibility of suspending the comprehensive update (the Update) to the
Code as acost-saving measure.
The purpose of this Agenda Statement is to apprise the City Council of the current status of the Update
and to advise the City Council, should it choose to suspend the overall Update, of which portions of the
Code the City Council may want to update in the near term.
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COPY TO:
Page 1 of 4
ITEM NO. ! . i
Status of Update
The Update began in FY 2006-07 with the identification by Staff of certain chapters of the Code that Staff
wanted to update first. With Staff, the Update has been broken into three main parts: a) Titles 1-7); b) the
Zoning ordinance (Title 8), and c) the Subdivision ordinance (Title 9). In each case, the Update begins
with a review of the existing chapters and research of state and federal law to determine what portions of
the chapters should be deleted or modified or what should be added to ensure compliance or consistency
with state and federal law. The proposed modifications are sent to the relevant City Staff having
responsibility for administration of the chapter in question to learn from them where practical
modifications might be appropriate to ensure ease of administration or to address ambiguities that have
arisen in administration of the chapter. Following staff review, the City Attorney's Office prepares a final
version of the ordinance for presentation to the City Council.
Titles 1-7
In all, a review of 42 Chapters has been completed (see Attachment 1), although some of these chapters
have not yet been presented to the City Council. These include: Chapter 2.38 (Sale of Surplus Real
Property), Chapter 2.40 (Unclaimed Property), Chapter 5.12 (Parades) and several `nuisance ordinances'
including Chapter 5.64 (Property Maintenance) and Chapter 5.68 (Graffiti). Certain chapters had recently
been updated or added so they have not been reviewed (e.g., Chapter 7.90 [Universal Design] and Chapter
5.04 [Loitering]).
Most of the chapters that have been completed have been adopted by the City Council. Several are
completed and ready for review by the City Council. Work has also been completed on a new Film
Permit ordinance and on a revision to Chapter 6.76 (Taxicabs), both of which have been put on hold
pending discussion with other cities in the region regarding a single set of regulations regarding both
issues.
The City Attorney's Office has also worked with Staff on review of a number of other chapters.
Attachment 2 includes a list of these chapters and an estimate of how much additional time is needed to
complete the review and revision. The chapters have been listed in the order of priority for completion,
with the first chapter listed being the chapter recommended for completion first. The ranking is affected
by the fact that it maj~ be more economical to complete work on some chapters while fresh in the minds of
the staff members with whom the City Attorney's Office has coordinated the review. Please note that the
amount of time spent on each chapter will depend in part on the scope of Staff's comments on the
chapters. Moreover, these estimates do not include the Staff time required to review the recommendations
and provide comments on the chapters. Below is additional information regarding certain of the chapters.
The City Attorney's Office has worked with Dublin Police Services on a revision to Chapter 4.20
(Massage Establishments and Massage Services). Although a draft ordinance amending this Chapter has
been completed, recent state legislation that will take effect on September 1, 2009 has created a need to
modify the ordinance to ensure that the Code does not conflict with the new state statutes. It is not
anticipated that these modifications would require significant time from the City Attorney's Office,
although Dublin Police Services has indicated that they would likely seek input from local establishments
that would be affected by the ordinance.
A draft ordinance has also been completed for Chapter 5.104 (Newsracks), and we are waiting on Staff
comments and policy direction
Significant work has been done on a few other chapters, and believe that work on them could be
completed without requiring a significant amount of time. These Chapters are: 2.32 (Elections), 2.36
(Purchasing), 7.12 (Underground Utility Districts), and 7.30 (Waste Management Plan).
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Lastly, although a review has not begun on the encroachment ordinance (Chapter 7.04), the City
Attorney's Office believes that it should be reviewed and, if necessary, updated given the importance of
proper use of the public right-of--way. In particular, expensive disputes with right-of--way users, such as
telecommunications companies and other utilities, have been encountered in other communities that
would have been avoided if the community had a more modern encroachment permit ordinance.
The City Attorney's Office has also reviewed certain of the standard agreements and forms used by Staff.
These include the agreement signed by applicants for land use entitlements to assure payment of all costs;
the standard agreements and documents used for construction projects; and agreements and forms used by
the Parks and Community Services Department for its programs. The City Attorney's Office has also
reviewed and provided comments to staff on the standard conditions of approval for development
projects.
Title 8-Zoning
The last comprehensive zoning ordinance update was in 1997. The zoning landscape has changed
dramatically since then, with development in eastern Dublin and increasing requests for remodels in
western Dublin. The zoning ordinance update was intended to proceed in phases, with each phase
presented to the Planning Commission for recommendation to the City Council. Originally, the intent was
for all of the phases to be transmitted to the City Council in a single ordinance for introduction and
adoption at one time.
Certain chapters were pulled from the zoning ordinance update as priority items, notably the Site
Development Review chapter. This chapter was updated and approved by the City Council in the Spring
of 2008.
The following summarizes the status of the zoning ordinance update phases.
Phase 1: Phase 1 consists of 11 administrative and regulatory standards chapters, e.g.: Chapter 8.04 (Title,
Purpose, Authority and Administration), Chapter 8.20 (Residential Zoning Districts), Chapter 8.44
(Performance Standards). The Phase 1 amendments have been reviewed by the Planning Commission
which recommended approval to the City Council. Consistent with the current process, the Phase 1
amendments have not yet been forwarded to the City Council.
It is recommended that the Phase 1 amendments be forwarded to the City Council for final approval.
Phase 2: Phase 2 consists of chapters addressing particular uses, e.g.: Chapter 8.44 (Adult Business
Establishments Regulations), Chapter 8.54 (Condo Conversion Regulations). The majority of the Phase 2
amendments have been reviewed by staff and the City Attorney's office but have not yet been presented to
the Planning Commission for review and recommendation.
It is recommend that the Phase 2 work be completed in light of the extensive work already performed.
Phase 3: Phase 3 consists of permit and process related chapters, e.g., Chapter 8.96 (Permit Procedures),
Chapter 8.100 (Conditional Use Permit), Chapter 8.120 (Zoning Ordinance Amendment). This phase also
includes chapters not otherwise addressed in the other phases, e.g., Chapter 8.140 (Non-conforming
Structures and Uses). The chapters are largely procedural and are not generally expected to require
extensive review or research.
The City Attorney's Office recommends that the following Chapters in Phase 3 be reviewed and, if
necessary, updated: Chapter 8.120 (Zoning Ordinancce~Amendment) and Chapter 8.132 (Notice and
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Hearings). In addition, Chapter 8.140 (Non-conforming Structures and Uses) was adopted some time ago,
and may require updating to ensure that its provisions are adequate to allow Staff to deal with
nonconforming uses in light of changes in development in Dublin over the years.
Phase 4: Phase 4 consists of the Sign Regulations in Chapter 8.84 and the Definitions, currently in
Chapter 8.08. Some preliminary work has been done on these chapters by the City Attorney's office and
staff. Additional review and some legal research would likely be required before this phase is ready to be
presented to the Planning Commission for review and recommendation. The City Attorney's Office
recommends that Chapter 8.84 (Sign Regulations) be updated.
In light of the current fiscal situation, it is recommended that the City Attorney's Office be authorized to
1) present Phase 1 to the City Council, 2) complete work on Phase 2 and present Phase 2 to both the
Planning Commission and the City Council, and 3) review and update Chapters 8.120 (Zoning Ordinance
Amendment), 8.132 (Notice and Hearings) and 8.140 (Non-conforming Structures and Uses). It is
estimated that the City Attorney's Office could complete this work in no more than 43 hours, as well as
additional Staff time.
Title 9-Subdivisions
The City Attorney's Office has reviewed and updated Title 9, the Subdivision ordinance, based on
comments from Planning and Public Works staff. The Planning Division has returned comments, and
minor adjustments to the proposed ordinance will be made in response. The bulk of the staff review rests
with Public Works as they review the technical and procedural modifications in the proposed ordinance.
The Subdivision Map Act provides options for local agencies to include specified provisions and
processes. Public Works staff review will also include a recommendation on whether and which of the
options to retain in the updated ordinance. The options have been identified in the proposed ordinance, so
no further research should be required. Once staff comments have been received and reviewed, the City
Attorney's Office will make the appropriate modifications to the proposed ordinance. The proposed
ordinance will then be delivered to staff to set the matter for public hearing and adoption by the City
Council.
In light of the significant amount of work already performed on this Title, the City Attorney's Office
recommends that work on Title 9 be completed and presented to the City Council. The amount of work
required will depend on the feedback received from Public Works.
Conclusion
If the City Council chooses to suspend the Update project, Staff would recommend the list in Attachment
2 be completed, in order of precedence. Chapters that can be deferred are listed on Attachment 3.
RECOMMENDATION:
Staff recommends that the City Council; 1) receive Staff presentation; and 2) provide direction on the
Update process.
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Attachment 1
List of Competed Chapters
Chapters Reviewed by City Attorney
The City Attorney's Office has completed its review of the following Chapters:
Chapter 2.08 City Council*
Chapter 2.10 Director Of Finance*
Chapter 2.16 Parks And Community Services
Commission*
Chapter 2.18 Heritage And Cultural Arts
Commission*
Chapter 2.20 Personnel System
Chapter 2.24 Conflict Of Interest Code
Chapter 2.38 Sale Of Surplus Real Property
Chapter 2.40 Unclaimed Property
Chapter 2.44 Disaster Preparedness*
Chapter 2.46 Senior Advisory Committee*
Chapter 2.48 Youth Advisory Committee
Chapter 4.08 Fortunetelling
Chapter 4.12 Auctioneers And Secondhand
Dealers
Chapter 4.16 Peddlers
Chapter 4.18 Charitable Solicitation
Chapter 4.24 Drug Paraphernalia
Chapter 4.28 Kennels
Chapter 4.32 Private Patrols
Chapter 5.04 Loitering
Chapter 5.08 Fire Code
Chapter 5.12 Parades
Chapter 5.40 Hotel Registration
Chapter 5.44 Bingo
Chapter 5.48 Gaming
Chapter 5.52 Public Dances
Chapter 5.56 Smoking Pollution Control
Chapter 5.64 Property Maintenance
Chapter 5.68 Graffiti
Chapter 5.70 Weeds And Refuse
Chapter 5.72 Fly Control
Chapter 5.76 Solicitation At Accident Sites
Chapter 5.80 Indecent Exposure
Chapter 5.84 Use Of Corpus Data
Chapter 5.88 Dangerous Weapons
Chapter 5.92 Drinking In Public
Chapter 5.96 Cruising
Chapter 5.100 Parks And Recreation Areas And
Facilities
Chapter 6.76 Taxicabs
Chapter 7.28 Building Regulation
Administration
Chapter 7.52 Abatement Of Nuisances
Chapter 8.52 Density Bonus Regulations
Chapter 8.104 Site Development Review
Chapters Not Requiring Review Because They
Were Recently Adopted or Amended
Chapter 5.58 Medical Marijuana Dispensaries
Chapter 7.32 Building Code
Chapter 7.36 Electrical Code
Chapter 7.40 Plumbing Code
Chapter 7.44 Mechanical Code
Chapter 7.48 1997 Uniform Housing Code
Chapter 7.90 Universal Design
Chapter 8.54 Condo Conversion Regulations
Chapter 8.62 Historic Overlay Zoning District
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Attachment 2
List of Chapters Recommended to Be Completed If Update Suspended
(In Order of Precedence and with Estimates of City Attorney Time)
Chapter Hours to Complete
Zoning Ordinance Phase 1 4
Chapter 8.04 Title, Purpose, And Authority
Chapter 8.12 Zoning Districts And Permitted Uses Of Land
Chapter 8.16 Agricultural Zoning District (A)
Chapter 8.20 Residential Zoning Districts
Chapter 8.24 Commercial Zoning Districts
Chapter 8.28 Industrial Zoning Districts
Chapter 8.34 Scarlett Court Overlay Zoning District
Chapter 8.36 Development Regulations
Chapter 8.40 Accessory Structures And Uses Regulations
Chapter 8.62 Historic Overlay Zoning District
[New Chapter] Performance Standards
Zoning Ordinance Phase 2 25
Chapter 8.32 Planned Development Zoning District
Chapter 8.44 Adult Business Establishments Regulations
Chapter 8.48 Archaeological Resources Regulations
Chapter 8.52 Density Bonus Regulations
Chapter 8.54 Condo Conversion Ordinance
Chapter 8.56 Development Agreements Regulations
Chapter 8.58 Public Art Program
Chapter 8.60 Hazardous Waste Facilities Location Procedure
Chapter 8.64 Home Occupations Regulations
Chapter 8.68 Inclusionary Zoning Regulations
Chapter 8.72 Landscaping And Fencing Regulations
Chapter 8.76 Off Street Parking And Loading Regulations
Chapter 8.78 Garage Conversions
Chapter 8.80 Second Units Regulations
Chapter 8.88 Water-Efficient Landscaping Regulations
(New Chapter] Emergency Shelters and Transitional Housing
Chapter 4.20 Massage Establishments And Massage Services 6
Chapter 8.84 Sign Regulations 3
Chapter 5.104 Newsracks 6
Subdivisions Title 9 20
Chapter 9.04 General Provisions
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Chapter 9.06 Environmental Subdivisions
Chapter 9.08 Tentative Maps
Chapter 9.12 Design
Chapter 9.16 Improvements
Chapter 9.20 Surveys And Monuments
Chapter 9.24 Final Map And Parcel Map
Chapter 9.28 Dedication of Lands for Park and Recreation Purposes
Chapter 9.32 Underground Utilities
Chapter 9.36 School Facilities Dedication
Chapter 9.40 Vesting Tentative Map
Chapter 8.120 Zoning Ordinance Amendment 5
Chapter 8.132 Notice And Hearings 5
Chapter 8.140 Non-Conforming Structures And Uses 6
Chapter 7.30 Waste Management Plan 5
Chapter 7.12 Underground Utility Districts 5
Chapter 7.04 Encroachments g
Chapter 2.32 Elections 2
Chapter 2.36 Purchasing 3
Chapter 4.04 Business Registration 6
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Attachment 3
List of Chapters With a Low Priority
Chapter 1.01 Code Adoption Chapter 6.72 Bicycle Lanes
Chapter 1.04 General Provisions Chapter 6.80 Abatement Of Abandoned
Chapter 2.04 City Manager Vehicles
Chapter 2.12 Planning Commission Chapter 6.84 Oversized Truck Operations
Chapter 2.28 Campaign Contributions Chapter 6.88 Truck Routes
Chapter 3.04 Uniform Sales And Use Tax Chapter 6.92 Commercial Vehicles Prohibited
Chapter 3.08 Documentary Transfer Tax In Residential Districts
Chapter 3.12 Gas Tax Street Improvement Chapter 7.08 Street Address Numbering
Fund System
Chapter 3.20 Cable Television And Chapter 7.16 Grading Regulations
Communication Systems Chapter 7.20 Watercourse Protection
Chapter 3.24 Pacific Gas And Electric Chapter 7.24 Flood Control
Company Electricity Franchise Chapter 7.60 Wells
Chapter 3.28 Pacific Gas And Electric Chapter 7.64 Spark Arrestors
Company Gas Franchise Chapter 7.68 Establishing Right-Of-Way Lines
Chapter 3.32 Emergency Medical Services Chapter 7.72 Rights-Of-Way -Dedication And
Tax Improvement
Chapter 5.16 Sound Amplification Equipment Chapter 7.74 Stormwater Management And
Chapter 5.20 Alarm Systems Discharge Control
Chapter 5.24 Fireworks Chapter 8.08 Definitions
Chapter 5.32 Solid Waste Management Chapter 8.92 Wireless Communications
Chapter 5.36 Animal Control Facilities Regulations
Chapter 5.60 Heritage Trees Chapter 8.96 Permit Procedures
Chapter 5.61 Green Building Practices For Chapter 8.100 Conditional Use Permit
City Projects Chapter 8.108 Temporary Use Permit
Chapter 5.108 Trip Reduction Program Chapter 8.112 Variance
Chapter 5.112 Noise Mitigation Fee Chapter 8.116 Zoning Clearance
Chapter 6.04 General Provisions Chapter 8.124 Applications, Fees And Deposits
Chapter 6.08 Through Streets Chapter 8.136 Appeals
Chapter 6.64 Weight Limits Chapter 8.144 Enforcement
Chapter 6.68 Movement Of Vehicles And
Equipment
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