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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 6, 2004
SUBJECT:
PUBLIC HEARING: PA 03-052 Amendments to the Dublin Municipal
Code (Zoning Ordinance) - Amendments to Title 8 of the Dublin
Municipal Code, Zoning Ordinance Chapter 8.08, Definitions; Chapter 8.40,
Accessory Structures and Uses Regulations; Chapter 8.64, Home
Occupation Regulations; and, Chapter 8.116, Zoning Clear_ar~v
Report Prepared by Marnie R. Waffle, Assistant Planner ~
ATTACHMENTS:
1. Ordinance amending Title 8 of the Dublin Mu~cipal Code, ZOning
Ordinance Chapter 8.08.020 Definitions, Chapfer 8.40 Accessory
Structures and Uses Regulations, Chapter 8.64 Home Occupation
Regulations, and Chapter 8.116 Zoning Clearance.
2. Planning Commission Resolution 03-54 recommending approval of
amendments to Title 8 of the Dublin Municipal Code.
3..Draft Planning Commission Meeting Minutes of December 9, 2003.
RECOMMENDATION:
1. Open Public Hearing and receive Staff presentation;
2. Question Staff;
3. Take testimony from the Public;
4. Close Public Hearing and deliberate;
5. Waive the reading and introduce the Ordinance (Attachment 1) to
amend Title 8 of the Dublin Municipal Code.
FINANCIAL STATEMENT: No financial impact.
BACKGROUND:
On September 2, 1997, the City Council adopted a comprehensive revision of the Dublin Zoning
Ordinance. Implementation of the Zoning Ordinance over the past few years has revealed some areas
where the Ordinance requires clarification, improvement, and further revision. Staff is recommending
amendments to the following Chapters for clarification and internal consistency: Chapter 8.08.020,
Definitions; Chapter 8.40, Accessory Structures and Uses Regulations; Chapter 8.64, Home Occupation
Regulations; and, Chapter 8.116, Zoning Clearance (Attachment 1).
COPIES TO:
In House Distribution
ITEM NO.
Definitions
Automobile/Vehicle Storage Lot
Background: The Dublin Zoning Ordinance currently regulates Automobile/Vehicle Storage Lots by
allowing them to be established in the C-2, General Commercial and M-l, Light Industrial zoning districts
with approval of a Conditional Use Permit by the Planning Commission. According to the definition of
an Automobile/Vehicle Storage Lot, vehicles being stored are required to be, 1) operable and, 2) stored
behind a 6-foot high solid wall or fence. Erecting a fence in a commercial or industrial zoning district
requires. Site Development Review according to Chapter 8.104 of the Dublin Zoning Ordinance.
Therefore, a request for an Automobile/Vehicle Storage Lot would require both a Conditional Use Permit
and Site Development Review.
Recently, it came to Staffs attention through the efforts of zoning enforcement that five vehicle storage
lots had been established by three of the City's automobile dealerships. These storage lots were located
off-site from the established dealership location and none had a Conditional Use Permit/Site Development
Review approval. All three automobile dealerships have since submitted an application for review by City
Staff.
In the process of reviewing the Conditional Use Permit applications, Staff has analyzed issues such as
'access and circulation, security, and fencing. In some of the proposed vehicle storage locations the
requirement for fencing created access and circulation conflicts as well as aesthetic issues.
Analysis: The purpose for amending the definition of an Automobile/Vehicle Storage Lot is to remove
the requirement that vehicles must be stored behind a 6-foot high solid wall or fence and to allow for more
discretion in approving automobile/vehicle storage lots on a project-specific basis.
The current need for off-site vehicle storage is primarily by local automobile dealerships and ranges from
surpluses in inventory to, on-site remodeling and renovation. In all cases, local automobile dealerships are
experiencing a shortage of on-site vehicle storage space to accommodate new and used vehicles.
For some dealerships, the need for off-site storage is short-term (in the case of on-site remodeling and
renovation of an existing facility and temporary surpluses in inventory); for others, there is a constant lack
of on-site vehicle storage space. To resolve this problem, opportunities to store vehicles off-site were
identified in underutilized parking lots throughout the City. Staff has evaluated these locations as part of
recent Conditional Use Permit applications to establish automobile/vehicle storage lots and found that the
requirement for a 6' high solid wall or fence can have negative impacts in certain locations by obstructing
vehicular access and circulation and creating aesthetically unpleasing environments.
Rather than deny recent requests for automobile/vehicle storage lots, Staff is requesting that the City
Council consider amending the Zoning Ordinance to remove the requirement that Automobile/Vehicle
Storage Lots be screened by a 6-foot high solid wall or fence. This amendment does not propose to
change the process by which an automobile/vehicle storage lot is reviewed and approved. As the decision
making body for automobile/vehicle storage lots, the Planning Commission would continue to have the
ability to approve or deny requests for automobile/vehicle storage lots and to require fencing as a
condition of approval on a project-specific basis if fencing was deemed appropriate for the location.
Community Facility
Background: On October 17, 2000 the City Council adopted Zoning Ordinance Chapter 8.92, Wireless
Communication Facilities. Within Chapter 8.92 certain words and phrases are defined, including
Community Use or Facility. 'This definition is inconsistent with the definition in Chapter 8.08.020,
Definitions which also defines a Community Facility.
The Wireless Communication Facility Ordinance (Chapter 8.92) did not include wireless communication
facilities in the definition of a Community Facility when the Ordinance was adopted in 2000. However,
the Definitions chapter of the Zoning Ordinance (8.08.020) continues to define wireless communication
facilities as a Community Facility. The process for reviewing and approving a wireless communication
facility differs depending on which definition is used.
Analysis: The proposed amendment to the definition of a Community Facility would remove an
inconsistency within the Zoning Ordinance between Chapters 8.08.020, Definitions and Chapter 8.92,
Wireless Communication Facilities.
Under the Definitions chapter, defining a wireless communication facility as a Community Facility
requires that a Conditional Use Permit be approved by the Planning Commission in all zoning districts.
Under the Wireless Communication Facilities chapter, a Conditional Use Permit and/or Site Development
Review may be required; the process is determined on a case by case basis. When the Wireless
Communication Facilities Ordinance was adopted in October of 2000 new procedures were established
for reviewing and approving wireless communication facilities. The new Ordinance allows for wireless
communication facilities to be established without a Conditional Use Permit if the facility meets certain
criteria.
Staff is requesting that the City Council consider amending the Zoning Ordinance to keep both definitions
of Community Facility's consistent and eliminate any confusion as to the review and approval process.
The amendment would bring the Definitions section into conformance with the more recently adopted
Wireless Communication Facility Ordinance.
Accessory Structures and Uses Regulations & Home Occupation RegulationS
Background:
On September 2, 1997, as part of the complete revision to the Dublin Zoning Ordinance, home
occupations were added to the Accessory Structures and Uses Regulations as a permitted accessory use in
residential zoning districts. This section clearly states that a home occupation may not be conducted in an
accessory structure with the exception of administrative or artistic activities of a commercial nature
conducted within a detached office, studio or workshop. The chapter on Home Occupation Regulations
(Chapter 8.64) clearly states that a home occupation may not be conducted in an accessory structure, but
does not make the same exception for administrative or artistic aCtivities of a commercial nature
conducted within a detached office, studio or workshop. These regulations are internally inconsistent
because administrative or artistic activities of a commercial nature are home occupations and a detached
office, studio, or workshop is an accessory structure.
Analysis: After reviewing the 1997 revisions to the Zoning Ordinance it is not clear why the Accessory
Structure and Uses Regulations allows for home occupations in an accessory structure while the Home
Occupation Regulations do not. In evaluating the impact of allowing home occupations in accessory
structures, Staff met with the Building & Safety Division and Fire Prevention Division; no impacts to life-
safety were identified as a result of allowing home occupations to be conducted within an accessory
structure as long as all building and fire codes were complied with.
Staff is requesting that the City Council consider amending the Zoning Ordinance to remove inconsistent
language from the Accessory Structures and Uses Regulations and relocate it to the Home Occupation
Regulations.
Other Amendments to the Home Occupation Regulations
Background: Also as part of the 1997 revisions to the Dublin Zoning Ordinance, the Home Occupation
Regulations were amended to address a variety of issues including, new types of home occupations,
commercial vehicles used in conjunction with a home occupation, employees associated with home
occupations, delivery of goods to a residence, and other impacts resulting from home occupations being
conducted in residential areas.
Recently, application and enforcement of the 1997 Home Occupation Regulations has highlighted some
areas of the Ordinance that need clarification. Vague and inconsistent language has resulted in varying
interpretations and applications of the Home Occupation Regulations.
Analysis: The proposed amendments to the Home Occupation Regulations would clarify the existing
language within this Chapter. The proposed changes are as follows:
8.64.030.H Fire Safety/Occupancy
Under Fire Safety/Occupancy, the nature of a home occupation cannot change the fire safety or occupancy
classifications of the residence. The proposed amendment to this Section would include accessory
structures.
8.64.030.J Indoors/Limited to one room
This Section requires that home occupations be conducted indoors and be limited completely to one room
within the residence or the garage. The proposed amendment would allow for a home occupation to be
conducted completely within an accessory structure as well.
8. 64. 030. 0 Rented Property
The Code currently requires that renters obtain written authorization from the property owner in order to
conduct a home occupation and requires that the renter (business owner) also obtain a business license and
a Zoning Clearance. The proposed amendment would delete the reference to a Zoning Clearance. The
1997 revision to the Zoning Ordinance removed the requirement that a Zoning Clearance be obtained for a
home occupation. A home occupation would still be subject to approval of a Business License.
8.64.030.P Repair or Dismantling of Vehicles Within a Garage
This Section of the code states that any vehicle being repaired or dismantled within a garage must be
owned by an occupant of the residence. Working on one's personal vehicle is not a business activity and
should not be included under the Home Occupation Regulations. The proposed amendment would delete
this Section as the activity described could not be a home occupation. This type of activity is regulated in
the Off-Street Parking and Loading Regulations (8.76.060.J) and the Accessory Structures and Uses
Regulations (8.40.030.E.8) of the Zoning Ordinance.
& 64.050 Violation
A new Section is proposed to be added to the Home OccUPation Regulations for enforcement purposes.
This Section would state that a violation of the Home Occupation Regulations could result in revocation
of the Business License. The purpose for adding this Section is to make it clear that violations cOuld
result in revocation of the permit. Currently there is no statement to this effect.
Zoning Clearance
Background: During the 1997 revisions to the Dublin Zoning Ordinance, Chapter 8.116, Zoning
Clearance was amended and home occupations were no longer subject to approval of a Zoning Clearance.
In the process of amending this chapter, some text was overlooked and references to home occupations
remain within the Ordinance.
Analysis: Staff is requesting this chapter be revised to remove all references to home occupations to bring
it into conformance with the previous amendment approved by the City Council in 1997.
PLANNING COMMISSION ACTION:
At the December 9, 2003 Planning Commission meeting, Staff presented the proposed Zoning Ordinance
amendments to the Commission (Attachment 3). The Planning Commission voted 3-0 (2 Commissioners
were absent) recommending City Council approval of an Ordinance to amend Title 8 of the Dublin
Municipal Code, the Zoning Ordinance.
ENVIRONMENTAL REVIEW:
This project has been found to be Exempt from the California Environmental Quality Act (CEQA),
pursuant to Section 15061(b)(3). It can be seen with certainty that there is no possibility that the proposed
amendments may have an impact on the environment.
RECOMMENDATION:
Staff recommends that the City Council open the Public Hearing and receive Staff presentation; question
Staff; take testimony from the Public; close the Public Hearing and deliberate; and, waive the reading and
introduce the Ordinance (Attachment 1) to amend Title 8 of the Dublin Municipal Code.
ORDINANCE NO. -03
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CHAPTER 8.08, DEFINITIONS; CHAPTER 8.40, ACCESSORY STRUCTuREs
AND USES REGULATIONS; CHAPTER 8.64, HOME OCCUPATION REGULATIONS; AND,
CHAPTER' 8.116, ZONING CLEARANCE OF THE DUBLIN MUNICIPAL CODE
(ZONING ORDINANCE), PA 03-052
WHEREAS, the City of Dublin has determined that Chapter 8.08, Definitions; Chapter 8.40,
Accessory Structures and Uses Regulations; Chapter 8.64, Home Occupation Regulations; and, Chapter
8.116, Zoning Clearance of the Dublin Municipal Code (Zoning Ordinance), must be revised to clarify
and improve the Ordinance; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations, require that certain projects be reviewed for environmental
impacts and that environmental documents be prepared; and
WHEREAS, the project has been found to be Exempt from the California Environmental Quality
Act (CEQA), according to Section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the amendments to the Dublin Municipal Code (Zoning Ordinance) may have a significant
effect on the environment; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project
on December 9, 2003, and did adopt Resolution 03-XX recommending that the City Council approve
amendments to the Dublin Municipal Code (Zoning Ordinance); and
WHEREAS, a properly noticed public hearing was held by the City Council on January 6, 2004;
WHEREAS, a Staff Report was submitted recommending that the City Council approve the
amendments to the Dublin Municipal Code (Zoning Ordinance); and
WHEREAS, pursuant to sectiOn 8.120.050.B of the Dublin Municipal Code, the City Council
finds that the amendments to the Dublin Municipal Code (Zoning Ordinance) are consistent with the
Dublin General Plan and all applicable Specific Plans; 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.
The definitions of Automobile/Vehicle Storage Lot (use type) and Community Facility (use type)
contained in Section 8.08.020, Definitions, of the Dublin Municipal Code (Zoning Ordinance) is
amended to read as follows:
Automobile/Vehicle Storage Lot (Use type). The term Automobile/Vehicle Storage Lot shall mean
an establishment providing for the storage, *'~*';-~.~.....~, a ~ ...,.~c^^* ---~-~';~*' ~,,..~°~;~ .... ,,~..." .,~ ~-.~,c .... of operable
ATTACHMENT I
automobiles, trucks, recr.eational vehicles, boats and trailers, and other vehicles determined to be
substantially similar to the above as determined by the Director of Community Development.
Community Facility (use type). The term Community Facility shall mean any of the following uses
or buildings: Place of Worship, rectory or convent; school attendance at which satisfies the
requirements of the Compulsory Education Law of the State; library; college; university; public
utility building or uses; pipelines and transmission lines, park-and-ride lots, publicly-owned storage
garage, repair shop, or corporation yard; water extraction and/or storage facility; w:.re!ess
c ............................... ~, ............... , or other similar use or structure determined to be
substantially similar to the above by the Director of Community Development.
Section 2.
Subdivision E.5 of Section 8.40.030, Home Occupations, of the Dublin Municipal Code (Zoning
Ordinance) is amended to read as follows:
, ......... ,.,,~,,~ Home Occupations are subjeCt to the provisions of Chapter 8.64, Home
Occupation Regulations.
Section 3.
Subdivision E.6 of Section 8.40.030, Offices, Studios, or Workshops, of the Dublin Mhnicipal Code
(Zoning Ordinance) is hereby deleted.
Section 4.
Subdivision A of 8.64.030, Accessory Structure/Temporary Structure, of the Dublin Municipal Code
(Zoning Ordinance) is amended to read as follows:
Accessory Structure/Temporary Structure. No HOme Occupation, except for detached offices,
studios, or workshops used to carry on administrative or artistic activities of a commercial nature,
may be conducted within an Accessory Structure or a temporary structure.
Section 5.
Subdivision H of Section 8.64.030, Fire Safety/Occupancy, of the Dublin Municipal Code (Zoning
Ordinance) is amended to read as follows:
Fire Safety/Occupancy. Activities conducted: and equipment or material used: as part of a Home
Occupation shall be restricted to residential occupancy classifications-.,.~^* ,~---~-e,,-~' .... .~.~..,.....~c- .... o.~,.~;c~*" ,..~-
.... v---~: ................................ as set forth in the Un;,fcm. Building Code. The Home
Occupation shall not reduce the fire safety classification of a residence or an accessory structure, or
employ the storage of flammable, explosive, or hazardous materials unless specifically approved
by the Alameda County Fire Department.
2
Section 6.
Subdivision J of Section 8.64.030, Indoors/Limited to one room, of the Dublin Municipal Code
(Zoning Ordinance) is amended to read as follows:
Indoors/Limited to one room. The Home Occupation shall be conducted indoors and shall be
limited completely to one room located within the residence, an accessory structure, or ~o-the
garage.
Section 7.
Subdivision O of Section 8.64,030, Rented Property, of the Dublin Municipal Code (Zoning OrdinanCe)
is amended to read as follows:
Rented Property. If the Home Occupation is to be conducted on rental property, the property
owner's written authorization for the proposed use shall be obtained and submitted to the City
prior to the application for a Business License ~'~ 7~,,~-~ r~ .......
Section 8.
Subdivision P of Section 8.64.030, Repair or Dismantling of Vehicles Within a Garage, of the Dublin
Municipal Code (Zoning Ordinance) is hereby deleted.
Section 9.
Chapter 8.64.050, Violation, of the Dublin Municipal Code (Zoning Ordinance) is added to read as
follows:
8.64.050
Section 10.
Violation. Any violation of the regulations of this chapter is cause for revocation of the
Business License issued pursuant to Section 8.96.020 of this Code.
Section 8.116.010, Purpose, of the Dublin Municipal Code (Zoning Ordinance) is amended to read as
follows:
8.116.010
Purpose. The purpose of this Section is to establish a procedure for certifying
conformance of a Building Permit,~...-~a^~ r~.~.~.w~w,,~^., or Sign, application with the
requirements of this Title, the General Plan, any applicable Specific Plans, and the terms
and conditions of any applicable permits or variances.
Section 11.
Section 8.116.030, Application, of the Dublin Municipal Code (Zoning Ordinance) is amended to read as
follows:
8.116.030
Application. The Applicant shall submit a complete application for a Building Permit (for
a structure or a s n,-~ * .............. v ........... vv ....................... v ......
3
Section 12. Conforming Amendments.
Chapters 8.08, 8.40, 8.64, and 8.116 of the Dublin Municipal Code (Zoning Ordinance) shall be re-
numbered and/or re-lettered as necessary to accommodate and/or reflect the foregoing amendments.
Section 14. 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.
Section 15. 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
Califomia."
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
DUBLIN on this 6th day of January 2004, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
4
RESOLUTION NO. 03 - 54
A RESOLUTION OF THE PLANNING COMMISSION
'OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF PA 03:052, AMENDMENTS TO THE
DUBLIN MUNICIPAL CODE (ZONING ORDINANCE), CHAPTER 8.08, DEFINITIONS;
CHAPTER 8.40, ACCESSORY STRUCTURES AND USES REGULATIONS; CHAPTER 8.64,
HOME OCCUPATION REGULATIONS; AND, CHAPTER 8.116, ZONING CLEARANCE
WHEREAS, the comprehensive revision to Title 8 of the Dublin Municipal Code (Zoning
Ordinance) (Ord. 20-97) was adopted by the City Council on September 2, 1997; and
WHEREAS, amendments to the Zoning Ordinance have been adopted since 1997 in order to
effectively regulate development within the City; and
WHEREAS, Chapter 8.08, Definitions; Chapter 8.40, Accessory Structures and Uses Regulations;
Chapter 8.64, Home Occupation Regulations; and, Chapter 8.116, Zoning Clearance, must be revised to
clarify and improve the Zoning Ordinance; and
WHEREAS, the Califomia Environmemal Quality Act (CEQA), together with the State
guidelines and City environmental regulations require that certain projects be reviewed for environmental
impacts and that environmental documents be prepared; and
WHEREAS, the project has been found to be Exempt from the Califomia Environmental Quality
Act (CEQA), according to Section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the amendments to the Dublin Municipal Code (Zoning Ordinance) may have a significant
effect on the environment; and
WHEREAS, the Planning Commission held a public hearing on said amendments to the Dublin
Municipal Code (Zoning Ordinance) on December 9, 2003, for which proper notice was given in
accordance with California State Law; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission
recommend City Council approval of the amendments to the Dublin Municipal Code (Zoning Ordinance);
and
WHEREAS, the Planning Commission at its September 9, 2003, meeting did hear and use its
independent judgment and consider all said reports, recommendations, and testimony hereinabove set
forth.
NOW, THEREFORE, BE IT RESOLVED THAT, the Dublin Planning Commission does
hereby find that, the amendments to Chapter 8.08, Definitions; Chapter 8.40, Accessory Structures and
Uses Regulations; Chapter 8.64, Home Occupation Regulations; and, Chapter 8.116, Zoning Clearance, of
the Dublin Municipal Code (Zoning Ordinance) do not represent changes that may have a significant
effect on the environment (CEQA, Section 15061(b)(3)); the amendments are consistent with the General
Plan and all applicable Specific Plans; and, recommends that the City Council amend said chapters of the
ATTACHMENT
Dublin Municipal Code (Zoning Ordinance) as shown in Attachment 2 to the December 9, 2003, Staff
Report for PA 03-052.
PASSED, APPROVED AND ADOPTED this 9th day of December 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
Cm. Jennings, Nassar, and Machtmes
Cm. Fasulkey, and King
ATTEST:
Planning Commission Chair' ~erson
Planning Manager
2
CALL TO ORDER
P anni g Commission .Mi ,utes
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, December
9, 2003, in the Council Chambers located at 100 Civic Plaza. Commissioner Jennings called the
meeting to order at 7:00 p.m.
ROLL CALL
Present: Commissioners Jennings, Nassar, and Machtmes; Jeri Ram, Planning Manager; Marnie
Waffle, Assistant Planner; and Maria Carrasco, Recording Secretary.
Absent: Commissioner Fasulkey & Commissioner King
ADDITIONS OR REVISIONS TO THE AGENDA - None
MINUTES OF PREVIOUS MEETINGS - November 12,. 2003 minutes were approved as
submitted.
ORAL COMMUNICATION - None
WRITTEN COMMUNICATIONS - None
PUBLIC HEARINGS
8.1
pA 03-054 Renewal of Crosswinds Church Conditional Use Permit is an
application to request renewal of an expired Conditional Use Permit to allow an
existing church to be located within an existing industrial building in a M-1 (Light
Industrial) zoning district located at 6444 Sierra Court. The existing church occupies
primarily 40,000 square feet of an industrial tenant space within an existing building.
Staff recommended continuing the public hearing to a date uncertain.
The Planning Commission unanimously agreed to continue PA 03-054 Renewal of Crosswinds
Church Conditional Use permit to a date uncertain.
8.2
PA 03-052 Amendments t° the Dublin Municipal Code (Zoning Ordinance)
Amendments to Chapter 8 of the Dublin Municipal Code, Zoning Ordinance
Chapter 8.08, Definitions Chapter 8.40, Accessory Structures and Uses
Regulations; Chapter 8.64, Home Occupation Regulations; and Chapter 8.116,
Zoning Clearance. The proposed amendments include revising the definition of
an Automobile/Vehicle Storage Lot (use type) and Community Facility (use type);
establishing internal consistency between the Accessory Structures and Uses
Regulations and Home Occupation Regulations; clarifying the regulation of
t6l
ATTACHMENT
Home Occupation in residential zoning districts; and removing Home
OccUpation from the types of activities that are subject to a Zoning Clearance.
Cm. Jennings asked for the staff report.
MarNe Waffle, Assistant Planner presented the staff report. Ms. Waffle gave an overview of
what will be amended in the Zoning Ordinance. There are four chapters o£ the Zoning
Ordinance that are proposed to be amended; Chapter 8.08.020, Definitions; Chapter 8.40,
Accessory Structures and Uses Regulations; Chapter 8.64, Home Occupation Regulations; and,
Chapter 8.116, Zoning Clearance. The proposed amendments to the Dublin Zoning Ordinance
include:
Revise the definition of an Automobile/Vehicle Storage Lot to remove the requirement
· that the' storage of operable vehicles 'be behind a 6-foot high solid wall or fence. Under
the current regulations, it is mandatory that a vehicle storage lot be behind a 6-foot high
solid wall or fence. The amendment proposes to remove this requirement and make it
optional on a site-specific basis.
Revise the definition of a Community Facility to remove wireless communications and
cellular telephone cell sites. The current definition of a Community Facility conflicts
with the definition provided in the chapter on Wireless Communication Facilities. The
proposed amendment would provide consistency between the two definitions.
Revise the chapter on Accessory Structures and Uses Regulations as it pertains to the
regulation of home occupations in accessory structures. Currently, the Accessory
Structures and Uses Regulations allow home occupations to be conducted in an
accessory structure. This conflicts with .the chapter on Home Occupations, which
explicitly prohibits home occupations in accessory structures. The proposed amendment
would relocate the text pertaining to home occupations from the Accessory Structures
and Uses Regulations to the Home Occupation Regulations allowing home occupations
to be conducted in an accessory structure.
Revise the Home Occupation Regulations to correct the internal conflict with the
Accessory Structures and Uses Regulations and ensure internal consistency within the
Home Occupation Regulations chapter. As mentioned above, there is an internal conflict
· between the Home Occupation Regulations and the Accessory Structures and Uses
Regulations in regards to whether a home occupation can be conducted in an accessory
structure. The proposed amendment would correct this internal conflict and allow home
occupations to be conducted in an accessory structure. Lastly, as a result of the
proposed changes to allow a home occupation to be conducted in an accessory structure,
other sections of the chapter must be revised to maintain internal consistency.
Ms. Waffle concluded her presentation and asked if there were any questions.
D1L4FT
Ms. Ram, Planning Manager, explained that approximately once a year, Staff tries to bring back
a group of dean up items that need' to be modified. Prior to 1997 the City was operating on a 20
year old Zoning Ordinance that was a patchwork document from Alameda County. It is Staff's
goal to have a well-maintained Zoning Ordinance.
Cm. Nassar asked if there are any significant changes.
Ms. Ram stated a few.
Cm. Nassar asked for an explanation on the change to fencing requirements for vehicle storage.
Ms. Waffle explained that under certain circumstances it makes sense to have a vehicle storage
lot screened. In the past the idea was to shield the vehicle storage lot from public view.
Recently circumstances have changed and the City has a lot of under utilized parking lots that
auto dealerships would like to use on a temporary basis. The requirement for fencing on an
existing parking lot has created issues with aesthetics and circulation. Staff would like to
remove the requirement and make fencing optional.
Cm. Nassar asked why not keep the fence requirement and remove it if there is a need for it.
Ms. Waffle said with it as a requirement it is not an option to remove it.
Cm. Jennings asked if there were any further questions for staff; hearing none she closed the
public hearing and asked for a motion.
On a motiOn by Cm. Nassar that was seconded by Cm. Machtmes, by a vote 3-0-2 with Cm.
· Fasulkey and Cm. King absent, the Planning Commission approved
RESOLUTION NO. 03 -54
A RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF PA 03-052, AMENDMENTS
TO THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE), CHAPTER 8.08,
DEFINITIONS; CHAPTER 8.40, ACCESSORY STRUCTURES AND USES
REGULATIONS; CHAPTER 8.64, HOME OCCUPATION REGULATIONS; AND,
CHAPTER 8.116, ZONING CLEARANCE
NEW OR UNFINISHED BUSINESS - none
OTHER BUSINESS (Commission/Staff Informational Only Reports)
,%~bvvmSer 12, 200,!;
D _,4FT
Ms. Ram asked the Commissioner how they felt about the special study session on Juvenile
Hall.
Cm. Jennings asked what they were supposed to accomplish at the study session.
Ms. Ram said that Staff has hoped that the study session would supply the applicant with early
comments so that applicant would know if they are going in the right direction.
ADIOURNMENT - The meeting was adjourned at 7:30 p.m.
Respectfully submitted,
Planning CommiSsion Chairperson
ATTEST:
Planning Manager
Man.,dn$I (.'om~:M~m 164