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Home My WebLink About6.2 AmendMunicipalCode CITY CLERK File # I 4 [~-~--~-~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 20, 2004 SUBJECT: PUBLIC HEARING: PA 03-052 Amendments to the Dublin Municipal COde (Zoning Ordinance) 2na Reading - 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 Clearance. Report Prepared by Marnie R. l/Vaffle, Assistant Planner GS~ ATTACHMENTS: 1. Ordinance amending Title 8 of the Dublin Municipal Code, Zoning Ordinance 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. 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 2nd reading and adopt 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). Planning Commission meeting o_f December 9, 2003 The Planning Commission, at their meeting of December 9, 2003, approved Resolution 03-54 recommending City Council approval of 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 Clearance. COPIES TO: In-house distribution ITEM NO. ~ City Council meeting of January 6, 2004 At the City Council meeting of January 6, 2004, Staff presented the proposed Zoning Ordinance amendments to the City Council along with the Planning Commission recommendation. The City Council waived the reading and introduced an Ordinance mending 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 Clearance. Prior to introducing the new Ordinance, the City Council expressed concern over the proposed amendment to Chapter 8.08, Definitions with respect to amending the definition of an Automobile/Vehicle Storage Lot; this amendment would remove the requirement that such storage lots be screened by a 6' high solid wall or fence. The Council expressed three primary concerns related to automobile/vehicle storage lots: 1) setting a precedent in the community that allows vehicle storage in shopping center parking lots for an unlimited amount of time; 2) the aesthetic impact to the community when a storage lot is proposed along a major arterial road; 3) the potential for land owners to be less interested in redeveloping their land when it is profitable to use it for vehicle storage. In response to these concerns, the Council expressed an interest in amending the Zoning Ordinance to limit the duration of~ automobile/vehicle storage lot by making it a temporary land use and establishing regulations to prevent the location of a storage lot along a major arterial road. At the direction of City Council, Staff has started the process of preparing a subsequent amendment to the Zoning Ordinance that would address the concerns of the Council. The proposed amendment will be presented to the Planning Commission in February and the City Council in March. Current Conditional Use Permit Applications The four Conditional Use Permit applications received by the City for the establishment of automobile/vehicle storage lots will be scheduled for hearing dates before the Planning Commission once the current amendments take effect and the applications have been deemed complete. Staff will continue to work with the Applicant's to ensure that the storage lots meet the expectations of the Council while the subsequent amendment is being processed. 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 2nd reading and adopt 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 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 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 heating was held by the City Council on January 6, 2004; and 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: AutomobileNehicle Storage Lot (use type). The term Automobile/Vehicle Storage Lot shall mean tabli *'~';"~ ~ 5 c^^+ ,.;~. ~;~ ....n ~ c .... of operable an es shment providing for the storage, ~ ............. ~ ................... , ATTACHMENT I automobiles, trucks, recreational 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; v6r-etess ............................... v ............... , 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 u^~,~ ~ ...... ,; ......... · ~. .... ~..~,~ ..~,~.~ ............. ~.~.+ ...... · ......... ~.~..~ 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 Municipal 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 not change **'~,~.,. _.,. ~: .... o,-~--.,c~ .... ,~ .... v,~,~.~ ...........................-,. as set forth in the T.~T~;C^..~zz~.~,~ 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 to 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 ^~ *~:~'~ 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 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 10. 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, ........... }, ...... , 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 sign), or for a Home c, 3 Section 12. ConforminA 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. Severability. 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 thc date of its final adoption. The City Clerk of thc 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 20th day of January 2004, by the following.votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 4