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Home My WebLink AboutOrd 31-05 Amend Muni Code Garage Conversion ORDINANCE NO. 31 - 05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN 1: * * :tc:tc* ** **:tc1c ** ** :tc:tc1r:tc ** **** ** * ** ** * * **** AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ENACTING CHAPTER 8.78 OF mE DUBLIN MUNICIPAL CODE, RELATING TO GARAGE CONVERSIONS, AND AMENDING DUBLIN MUNICIPAL CODE SECTIONS 8.12.050, 8.76.070, 8.76.080 AND 8.100.060. WHEREAS, the City of Dublin has determined that, the Zoning Districts and Permitted Uses of Land of the Dublin Zoning Ordinance (Chapter 8.12); Off-street Parking and Loading Regulations of the Dublin Zoning Ordinance (Chapter 8.76); and Conditional Use Permit regulations of the Dublin Zoning Ordinance (Chapter 8.100), must be revised and Garage Conversion (Chapter 8.78) must be enacted 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 8.12 Zoning Districts and Permitted Uses of Land; Chapter 8.76 Off-street Parking and Loading Regulations; and Chapter 8.100 Conditional Use Permit regulations, is exempt from the California Environmental Quality Act (CEQA). The various changes to the Zoning Ordinance listed above would also not create environmental impacts. These changes are 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 public hearing on this project on October 25, 2005, and did adopt Resolution 05-56 recommending that the City Council repeal Ordinance 4-03, related to garage conversions, and disapprove amendments to the City of Dublin Zoning Ordinance, which would allow garage conversions as a ministerial approval; and WHEREAS, a properly noticed public hearing was held by the City Council on November 15, 2005; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Zoning Ordinance Amendments; and WHEREAS, pursuant to Section 8.120.050.B of the Zoning Ordinance, the City Council finds that the Ordinance Amendments are consistent with the Dublin General Plan; and 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: Chanter 8.78 Added to Dublin Municinal Code Ord No. 31-05, adopted 12/6/05, Item 6.1 Page 1 of4 Chapter 8.78 is added to the Dublin Municipal Code, to read as follows: 8.78010 Purpose. The purpose of this Chapter is to provide for the conversion by the owners of single-family dwellings of enclosed garages to living space. 8.78.020 Procedure. Issuance of a building permit for the conversion of an enclosed garage in a single family dwelling into living space shall be ministerial if the following criteria are all met: A. There are no modifications to the garage door or to the exterior of the dwelling except for the addition ofwindow(s) to the garage's walles) that do not front on the street. B. Two full-size unenclosed parking spaces will be available on the parcel following the conversion. Section 2: Amendment of Dublin Municioal Code section 8.12.040 Section 8.12.050, Permitted and Conditionally Permitted Land Uses, of the Dublin Zoning Ordinance is amended to read as follows: RESIDENTIAL USE TYPES Residential Use Type A R-1 R-2 R-3 R-4 C- C-N C-1 C-2 M- M-1 M-2 o P ~ Section 3: Amendment of Dublin Municipal Code section 8.76.070.A.14(a)(I) Section 8.76.070.A.14(a)(1) is modified to read as follows: a. Single family lot. 1. Principal residence. All parJcing spaces shall be located on the same parcel as the residence they serve, unless provided as a Residential Parking Lot by the Zoning Administrator pursuant to a Conditional Use Permit. The most distant parking space in a Residential Parking Lot shall be not more than 150 feet from the residences they serve. Parking spaces required by this Chapter shall be located within an enclosed garage, except that two, full-size, unenclosed parking spaces may be provided elsewhere on a lot for the purposes of converting a residential garage to living space pursuant to Chapter 8.78. Other than the two required garaged parking spaces, a maximum of two vehicles (which shall include, but not be limited to, an automobile, car, truck, or Recreational Vehicle) may be parked in the following areas if screened by a 6 foot high fence or wall and if at least one side yard is unobstructed to a width of36 inches: Areas 1,2, 3a, 3b and 4. Additional parking may occur in area Sa. Parking in area 5b shall be as required by Section 8.76.060.E.2. No parking shall occur in area 5c except as permitted by Section 8.76.060.E.4. See Figure 76-2. Parking in a driveway shall not compensate for required enclosed garage parking unless two, full-size, unenclosed parking spaces Ord. No. 31-05, adopted 12/6/05, Item 6.1 Page 2 of 4 are provided for the purposes of converting a residential garage to living space. No parking shall occur in Area 6. Section 4: Amendment of Dublin Municioal Code section 8.76.080.B Section 8.76.080.B is modified to read as follows: B. Residential Use Types. Residential Use Types shall provide off-street parking spaces as follows: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED 2 in enclosed garage per dwellingt'. 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 dwellingt'. * Except if two, full-size, unenclosed parking spaces are provided elsewhere on a lot for the purposes of converting a residential garage to living space pursuant to Chapter 8.78. Section 5: Amendment to Dublin Municipal Code section 8.100.060 Section 8.100.060.H, Required Findings, is deleted from the Dublin Zoning Ordinance to read as follows: H. Fer the cen'lersion of single family residential garages to living space. architectural considerations. iooluding the elta:raeter. seale aflcl ql:lality of the design. the a:rehiteetural relationship '.vith the site and other bl:lilElings. bl:lilEling materials ana eelors. sei'eeaing of ooerior ltllPl:lrtenances. ooerior lighting. and simila:r elements hWle Been ineorporated into the project and as eonaitiens of approval in order to inSl:lre compatiBility of this development with tHe development's design eoncept or theme and tHe eharacter of adiacent buildings. neighborhoeas. aHd uses. Section 6: Severabilitv 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. Ord No. 31-05, adopted 12/6/05, Item 6.1 Page 3 of4 Section 7: Effective Date and Postine: 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 6th of December 2005, by the following votes: AYES: Councilmembers Hildenbrand, McCormick and Oravetz, and Mayor Lockhart NOES: Councilmember Zika ABSENT: None ABSTAIN: None ATTEST: AA\\\>~ City Clerk - G:\P A#\2003103-002 Garage ConversionlGarage conversion2005\garage conv ord option l.DOC Ord. No. 31-05, adopted 12/6/05, Item 6.1 Page 4 of 4