HomeMy WebLinkAbout6.2 Zoning Investigation 450—(PD
AGENDA STATEMENT
MEETING DATE: August 22 , 1983
SUBJECT: Mr . Grison, 7177 Rosita Ct. , Review of
Zoning Investigation
EXHIBITS ATTACHED: July 25, 1983 , Letter from Zoning
Investigator
August 4 , 1983 , Letter from Zoning
Investigator
Photos of 7177 and 7189 Rosita Ct.
Zoning Ordinance Sections : 8-60 . 55,
8-60 . 21, 8-63 . 1, 8-63 . 2
RECOMMENDATION: IT See Recommendation below
FINANCIAL STATEMENT: None
DESCRIPTION: I . BACKGROUND
- July 20 , 1983 : City received complaint regarding fence being
constructed at 7189 Rosita Ct . (see photos) . Complaint
was that fence was too high and would .block views .
Zoning investigation found that fence .was permitted;
3 ' high where 4 ' permitted, and 6 ' high where 6 '
permitted (Section 8-60 . 55)
- July 25, 1983 : Zoning investigation received complaint
regarding inoperable auto frame in the front driveway
at 7177 Rosita Ct. (see photos) . Zoning investigation
found that an inoperable auto frame was stored in the
front driveway and blocking access to the required
off-street parking spaces . Zoning investigation sent a
letter to Mr. Grison, the property owner, explaining
the violation, citing sections of the Zoning Ordinance,
and requesting corrections within one week.
- July 28, 1983 : Mr. Grison contacted Planning Department
inquiring whether it was permissible to restore a pick-
up truck in the front driveway. Planning Staff
explained that the Zoning Ordinance provisions did not
allow restoration in the front yard or driveway. Staff
suggested that Mr . Grison use the garage for the
restoration work.
- August 4 , 1983 : Zoning Investigation checked site and found no
corrections . Zoning Investigator requested an Office
Hearing for August 11, 1983, and sent letter to
property owner .
- August 8, 1983 : Mr . Grison complained to City Council
regarding restriction on restoring car in driveway and
zoning investigation procedures . Council directed that
Office Hearing date be extended until after September
12, 1983 .
ITEM NO. (O •,t) COPIES TO: Mr. Roland Grison
Mr . & Mrs . Adams
(:)
II. ISSUES
1 . Use of front yard for restoration of vehicles . The Zoning
Ordinance (Section 8-60 .21) does not permit the repair,
dismantling, or painting of motor vehicles or the storage of
equipment, or materials in the front yard ( includes
driveway) of any residential district. Restoration of
vehicles has typically been considered a use prohibited in
the front yard of residential neighborhoods . The intent of
the Zoning Ordinance is to maintain front yards free and
clean of auto repair and restoration, to keep the yards neat
and orderly, and to protect the neighborhood character of
the residential districts .
If the Council feels that it is reasonable to prohibit
restoration of vehicles in the front yard, in order to
maintain the quality of reidential areas, the ordinance
should be maintained.
If the Council decides that the restoration of vehicles in
the front yard will not impact the quality of residential
area, the Council should direct Staff to draft an amendment
to the Zoning Ordinance to reflect the decision.
2 . Use of driveways leading to required parking spaces . The
Zoning Ordinance (Sections 8-63 .1, 8-63 . 2) requires a
property owner to provide parking spaces and to keep the
required parking spaces accessible. The Zoning Ordinance
does not permit the storage of any goods, including an
inoperable auto frame, in the driveway.
If clear access to the required parking space is reasonable,
no change in the Zoning Ordinance is needed..
If maintaining clear access to required parking spaces is
not essential, the Council should direct Staff to draft an
amendment to the Zoning Ordinance .
3 . Zoning Investigation and enforcement procedures . Staff has
been performing zoning investigation under two situations :
a. When an official complaint is filed.
b. When a planning, building permit, or other application
for City approval is filed.
If this level of zoning investigation is adequate, Staff will
maintain it. If a more proactive zoning investigation program is
needed, Council should direct Staff to review additional staffing
needs and report back to the Council .
III. RECOMMENDATION
Staff recommends that the City Council :
1 . Maintain the existing Zoning Ordinance provisions that
prohibit restoration of vehicles in the front yard of
residential districts .
2 . Maintain the existing Zoning Ordinance provisions that
require clear access to required parking spaces .
3 . Request Mr . Grisonito comply with the Zoning Ordinance
within three weeks (September 12, 1983 . )
4 . Determine whether or not a more proactive Zoning
Investigation program should be studied.
0
,`a,on • Buda_ COUNTY OF ALAMEDA .
O
Q° ''s PUBLIC WORKS AGENCY
'° : BUILDING INSPECTION DEPARTMENT
,- = ? 399 Elmhurst Street, Room 141 • Hayward. CA 94544
`. -u r__PUBLICv' (415) 881-6423 or (415) 881-6651
'.. _, '` WORKS ".\
Source /' .z
C q\ , //'17 I /2 -----`
July 25, 1983 �•
Mr. Roland Grison •
7177 Rosita Court
Dublin, Ca. -
/ / - •
Re: Parking Accessible from Street at all time- I, '- '
It has come to our attention that an old inoperable auto frame was stored
in driveway blocking access to off-street parking in violation of the
Zoning Ordinance in a R-1 residential area, at the above address.
Section( 8-63.1, -63.2, and 8-107.0 are enclosed for your information.
You are ' equested to omply with the Ordinance within 1 week by removing
the auto frame now stored in your driveway at 7177 Rosita Ct.
If you have any questions regarding this matter feel at ease to contact
this office.
VICTOR L. TAUGHER .
BUILDING OFFICIAL
•
A C .) /6.■-<.‹- Z.e,,4-‘,-\,/
Ray Chalifour K r4 I-
Zoning Investigator ,-_.ii
/bw - �'� - � 19- ... --->
.-
r°n • Bu„ COUNTY OF ALAMEDA
y� PUBLIC WORKS AGENCY
Y''' ` .., BUILDING INSPECTION DEPARTMENT
"` ZAS4i1 399 Elmhurst Street, Room 141 • Hayward, CA 94544
dP WOR S�`` (415) 881-6423 or (415) 881-6651 / /E 8'j
esource� CCC�/
August 4 , 1983
Roland Grison
7177 Rosita Ct.
Dublin , CA 94568
7177 ROSITA CT. , DUBLIN
On July 25 , 1983 you were notified to remove an inoperable auto
frame from the driveway at the subject address . The vehicle is
being stored in violation of Sections 8-63 . 1 and .8-63 . 2 of the
Alameda County Zoning Ordinance
You are therefore requested to appear at the Public Works
Building , 399 Elmhurst St. , Rm. 141 , Hayward, CA on August 11 , 1983
at 4 : 00 p .m.
Your presence is requested to show cause why this office should
not request the District Attorney to prepare a criminal complaint
for the above violation .
6SAMES A. DOWD
R. ZONING INVESTIGATOR
dv
cc : Investigator Chalifour
iggraT '+ H15lib S
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8-60.52 YARDS: OFFICIAL LINES. No Building or Structure shall be located
on any Lot or Building Site in the area between a Street Lot Line and
any Official Right-of-Way Line, Future Width Line or Special Building
Line along the street which has been established by ordinance.
.8-60.53 FENCES, WALLS AND HEDGES. Fences, walls and hedges, as regulated
in this and the following sections may occupy any yard and are required
where specified in this Chapter. The term "wall" as used in this
connection shall not be deemed to apply to the wall of a Building, or
to the supporting portion of a retaining wall . The term "hedge"
means cultivated plant growth along a line which is sufficiently dense -
to obstruct passage and visibility from one side to the other. a
8-60.54 -HEDGES. Where the Side Yard or Rear Yard of a C or M use abuts \
an R District, there shall be planted and maintained a hedge approximately
four (4) feet wide and six (6) feet high along that property,:line of
that C or M District parcel , except that within twenty (20) feet of a
Street Lot Line, the required hedge shall not exceed four (4) feet
in height.
.8-60.55 SAME: HEIGHT LIMITATIONS. The maximum permitted height of fences,
.0.11+ walls and hedges, except as otherwise provided in Section _8-60.51l.and
8-60.56 shall be as follows:
a) When located in a required Yard on a 'Corner Lot and within thirty
(30) feet of the intersection of the Street Lot, Lines or of the
projections of such lines -- two (2) feet, measured upward from
the centerline grade of the Street opposite thereto;
b) When located in a required Rear or Street Side Yard of a
Corner Lot and within twenty (20) feet of the corner common to such
a lot and a Key Lot at the rear -- four (4) feet;
1 • ,a4 c) .. When located in a required Front Yard other than as specified in
- V= subparagraph (a) hereof four (4) feet;
:.d) When located in any A or R District other than as specified
>_ hereinabove, six (6) feet;
e) When located in any C or M District and within five (5) feet of_
the boundary of any A or R District, six (6) feet.
8-66,36 SAME: EXCEPTIONS TO HEIGHT LIMITATIONS. The limitations on •
height specified in -Section 8-60.55 shall not apply:
a) Where a higher fence is required by any other ordinance of the
county or by State or Federal regulation;
b) Where a higher fence is made a condition of approval of a
Conditional Use or a Variance pursuant to this Chapter, provided
that no such condition shall require or permit a fence having a
height in excess of twelve (12) feet;
c) To a fence around all or part of a tennis court, a playground or
a swimming pool which is, at least in that portion which exceeds
the applicable limitation, constructed of open wire or steel mesh
capable of admitting not less than ninety (50) per cent light as
measured by a reputable light meter;
d) An open wire fence up to six (6) feet high in an A District.
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8-60. 18 SAME: ENFORCEMENT. It shall be the duty of the Sheriff to enforce `
the provisions of Section 8-60.16 whenever the vehicle involved is parked
upon a public street. It shall be the duty of the Building Official to
enforce the provisions of Section 8-60. 16 whenever the vehicle involved
is parked on any private premises in an R District and for such purpose
he shall have the power of a peace officer and may enter upon any such
}`• • premises for the purpose of determining whether or not there has been
a violation of said Section.
8-60. 19 SAME: PRIMA FACIE ASSUMPTION. In any prosecution charging a
violation of this ordinance by conducting an unauthorized commercial
use in a Residential District, proof by the people of the State of California
that a particular vehicle described in the complaint was parking contrary •
to the provisions of Section 8-60.16 by the operator or driver of said
vehicle, truck or trailer, or by the owner, lessee, tenant or other
occupant of the; property so zoned, shall constitute a prima facie
presumption that an unauthorized commercial use was made of the property.
• (Amended by Sec. 2, Ord. 76-18) '
8-60.20. ACCESSORY USES. In any District, an Accessory Use is permitted,
subject to any special regulations for the District, and to the limitations
set forth in this and the following sections, when located on the same premises
as a lawfully existing Principal Use. to which it is incidental and subordinate 7--
except as otherwise ,provided in Section 8-25.3 (o). No Use shall be deemed to
be or permitted as .an Accessory Use which increases the number of Dwelling Units
in any Building or on any Lot beyond that which is permitted in the District.
Home Operations shall be governed by Section 8-60.23. The keeping of livestock
or pets shall be governed by Sections 8-60.23 and 8-60.25.
(Amended by Sec. 2, Ord. 76-22) •
r
8-60.20.5.1 BOARDING STABLE. Boarding Stable means any premises where more
\,,,)) § than four horses not owned by the owner or occupant .of the premises are ;
-' boarded, kept, or otherwise maintained as contrasted with the open grazing or
pasturing of horses. 1
- !
(Based on Sec. 2, Ord. 75-29) _ • 1
8-60.21 SAME: RESTRICTION'FROM CERTALN YARDS. No Accessory Use conducted
. illui+ under provisions of Section 8-60.20, above, involving any of the follow-
ing, shall be conducted within a Front Yard or within a Street Side Yard •
on a corner lot in any R or any A District:
......), , a) The repair, dismantling, or painting of motor vehicles or of
electrical refrigerators; washers, dryers or other household .
appliances;
b) • Storage or display of equipment, appliances, tools, materials or
supplies.
(See also. Sec. 8-60.33)
G •:y8-60.22"Home Occupations.No Home Occupation shall be deemed to be.or permitted as an
7 .•Accessory Use to a Dwelling in any R or in any A District which involves or requires any of the following: I •
a): The employment of outside help in the dwelling or on the premises other than domestic servants:•
b) Any alteration or installation of appliances.equipment or factkty of a non-residential character to a
Dwelling or to an Accessory Building: . i rr•.�
c) Any outdcor storage or display of equipment.appliances.tools.materials or sup s: . I tJlf7 U1 — ye G
' d)• Maintenance on the premises for'sale or rental of any stock of goods which are nbme made: • //11'`J�v v VV
e) Results m on-street parking or the generation of pedestrian or vehicular traffic beyond that normal
.'to the District.or the parking of any commercial vehicle in violatrori of Section 8.60.16: (�.
-f) The generation of noise glare.eibration.odor or electrical disturbance perceptible at or beyond the lot �� i" t
foes:
g) Any use of the Front Yard or Side Yard for construction or repair of dismantling or the use in the •(Q�.. , aggregate of an area greater than une•lourth t'.)of the area of the Dv;elkng Unit. �.r 1 12'1
.h) Any sign other than the name plate permitted in the District: _ • . 1
I) Conduct of a barber shop beauty shop or real estate office.raising for sale of animals.bees or birds.or
••
the leaching of dancing.music or swimming Or an assembled class of more than two 121 pupils: I
j) The repair.servicing painting or dismantling of motor vehicles or of electrical refrigerators.washers. )
—dryers•.or other household appliances: . 1 •'
Iii The renting of rooms and the providing of table board for more than four(4)persons.or if licensed by the I
CO(;)
§ 8-63.1 CONTINUING CHARACTER OF OBLIGATION. The maintenance of the parking
r and loading spaces required shall be a continuing obligation of the owner....4 of the real estate upon which the Building or Structure is located as
long as the building or structure exists and the use requiring such
space continues. It shall be unlawful for an owner of a building or
structure affected by these requirements to discontinue, change or
dispense with or to cause t“e discontinuance, sale or transfer of such
building or structure, without establishing alternative spaces which
conform to those requirements; or tor any person, firm, or corporation
• ...4 to use such building or structure without providing such required parking
or loading spaces, incompliance with these regulations.
§ - 8-63.2 PARKING SPACES: ACCESSIBILITY. These regulations are intended
to provide off-street spaces for the parking of the automobiles of .
..4 tenants of the premises and visitors in the case of residential uses, -
. and for clients, customers, employees and callers in the case_•of
nonresidential uses. They are required to be kept accessible for .
these purposes continuously, and the use of any such required space or_
Ammibspaces, or of any driveway or maneuvering space necessary to provide access
thereto for the storage of a trailer coach, boat, vehicle trailer,
unmounted camper unit, or goods of any kind shall constitute discontinuance
thereof in violation of Section 8-b3.1.
§ 8-63.4 PARKING SPACES: SIZE lAND .LOCATION.'• Every required parking space
shall have an area not less than one hundred eighty (180) square feet and
shall have a width not less than nine (9) feet, and a length of not less
than eighteen (18) feet exclusive of maneuvering space and driveways -
which shall be provided as required to make each parking space independently
accessible from the street at all times. No required parking space shall
occupy any required Front Yard,or any required Street Side Yard of a Corner
Lot, or any required setback from a driveway or any part of a required load-
ing space. : .A`required parking spaces shall be provided on the same Building
; .Site as the Use or Building for which they are required. :
(Amended by sec. 5, Ord. 69-83; amended by sec. 14, Ord. 71-41) .
§ 8-63.5 PARKING SPACES. ACCESS DRIVEWAYS. In an R or A District, the
width of the driveway hereafter provided shall not be less than shown in
the following table opposite the number of off-street parking spaces
served; provided that where a driveway is divided by a center strip, the
width shall be not less than ten feet on each side, and provided that where
a site plan is required to be approved a greater width of driveway may be
required as a condition of approval:
NUMBER OF PARKING SPACES MINIMUM WIDTH
• SERVED . DRIVEWAY REQUIRED
Four, (4) or less . Twelve (12) feet
Five (5) or more Twenty (20) feet
(Amended by sec. 6, Ord. 68-33; amended by sec. 25, Ord. 70-57)
•