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CITY CLERK
File # D[!±J~[Q]-LZJ~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 6, 2005
SUBJECT:
A TT ACHMENTS:
RECOMMENDATION:
J
PUBLIC HEARING: City of Dublin, Zoning Ordinance Amendment -
Amendment to Chapter 8.12, Zoning Districts and Permitted Uses of Land;
Chapter 8.76, Off-Street Parking and Loading Regulations; Chapter 8.100,
Conditional Use Permit and enact Chapter 8.78 Garage Conversion of the
Dublin Zoning Ordinance, PA 03-002
Report Prepared by; Linda Ajello, Associate planner
1.
Ordinance repealing Ordinance 4-03, which established a
conditional use permit procedure for Garage Conversions.
Ordinance amending the Zoning Ordinance to create a new
ministerial process for Garage Conversions based on performance
standards.
November 15, 2005 City Council Agenda Statement (w/o
attachments)
2.
3.
1.
2.
3.
4.
5.
6.
Open Public Hearing;
Receive StaffPrescntation;
Receive Public Testimony;
Close Public Hearing;
Deliberate;
Waive the reading and adopt Ordinance (Attachment I) repealing
Ordinance 4-03; and
Waive the reading and adopt Ordinance option I (Attachment 2), to
allow Garage Conversions as a ministerial action.
7.
FINANCIAL STATEMENT: None
DESCRIPTION:
At the November 19,2002 City Council meeting, the City Council directed Staff to review an amendment
to the Off-Street Parking and Loading Regulations of the Dublin Zoning Ordinance. At that time, the
Dublin Zoning Ordinance required that each residential dwelling provide two oft~street parking spaces in
an enclosed garage. This parking requirement prevented the conversion of garages to living spaces unless
two enclosed parking spaces could be provided elsewhere on the lot.
COPY TO: In-House Distribution
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Page 1 of3
G.L
ITEM NO.
At the City Council's direction, Staff proceeded with an amendment to the Dublin Zoning Ordinance to
remove the word "enclosed" from the parking requirement. Staff prepared a report and presented the
proposed amendment to the Planning Commission on January 28, 2003. The Planning Commission
directed Staff to provide alternatives and studies to address the following concerns regarding the
conversion of garagcs to living space: 1) traffic and safety, 2) infrastructure/service impacts, 3) scope of
conversions, 4) aesthetics and design standards, and 5) grandfathering.
At the February 25,2003 Planning Commission meeting, Staffretumed with a report that addressed the
Planning Commission's concerns and recommended a Conditional Use Permit process with the Planning
Commission as the dccision-making body. In order for the Planning Commission to approvc a
Conditional Use Permit, certain findings would have to be made to address issues such as compatibility
with adjacent properties; adverse impacts to health, safety and welfare; impacts on property or
improvements in the neighborhood; whether the site is physically suitable for the changes being proposed;
and consistency with development regulations for the zoning district in which the project is located.
The Planning Commission adopted Resolution No. 03-04 recommending that the City Council adopt an
Ordinance that would allow garage conversions witb a conditional use permit process that included the new
finding referenced above.
On March 18, 2003 and April 1, 2003, the City Council held public hearings on this item and approved
Ordinancc No. 4-03 amending the Zoning Ordinance and thereby allowing tor garage conversions with a
conditional use permit to be heard by the Planning Commission.
On May 3, 2005, the City Council heard an appeal of the Planning Commission approval of a proposed
conditional use permit for a garage conversion at 7697 Canterbury Lane (P A 04-036). By a unanimous
vote, the City Council overturned the Planning Commission's decision, denying the conditional use
permit for a garage conversion at 7697 Canterbury Lane. During the deliberation on that appeal, the City
Council requested that an item be placed on a future agenda to discuss garage conversions in general.
On July 19, 2005, the City Council received a status report from Staff on garage conversions that have
becri approved or denied since the inception of Ordinance 4-03 in April 2003. The City Council
discussed the intent of allowing garage conversions and reached a consensus that the Ordinance was not
achieving the City Council's intent. At that meeting, the City Council directed Staff to prepare a future
agenda item to have the Garage Conversion Ordinance 4-03 revoked and to develop a new Ordinancc that
better met the City Council's intent.
October 25, 2005 Planning Commission Action
On October 25, 2005, the Planning Commission received Staff's presentation regarding the proposed
amendments to the Garage Conversion Ordinance. The majority of the Planning Commission e;<pressed
concerns regarding thc absence of a neighbor sign-off or notification process for garage conversion
applications, as well as concerns regarding on-street and off-street parking in the neighborhood.
Following deliberations, the Planning Commission adopted a Resolution recommending that the City
Council adopt an ordinance to repeal Ordinance 4-03, which allows garage conversions with a conditional
use permit, and that the City Council not adopt any new ordinance to allow garage conversions.
November 15, 2005 City Council Meeting
On November 15, 2005, the City Council introduced an Ordinance to repeal Ordinance 4-03, and
introduced an Ordinance to amend the Dublin Zoning Ordinance to allow for the conversion of residential
garages to living spaces as a ministerial action. After the public hearing, the Ordinances were scheduled
for a second reading to be held at the December 6, 2005 City Council meeting.
Page 2 of3
ENVIRONMENTAL REVIEW:
On August 18, 1997, the City Council adopted Resolution 103-97 finding that the Comprehensive Revision
to the Zoning Ordinance, including Chapter 8.76, Off-Street Parking and Loading Regulations is exempt
from the California Environmental Quality Ad (CEQA). It can be seen with certainty that there is no
possibility that revising the Zoning Ordinance in this manner would have a significant effect on the
environm.ent (Section 15061 (b) (3)). Various changes to the Municipal Code listed above are proposed
which would not increase or create environmental impads. These changes will have no environmental
impacts and are also cxempt from the California Environmental Quality Ad (CEQA) because it can be seen
with certainty that there is no possibility that such amendments would have a significant effect on the
environment.
CONCLUSION:
In July 2005, the City Council directed Staff to prepare an Ordinance to repeal Ordinance 4-03 and create a
new garage conversion ordinance that better met City Council's intent. The Zoning Ordinance (Chapter
8.120) requires that all zoning ordinance amendments (such as the addition of Chapter 8.78 Garage
Conversions and proposed amendments to Chapter 8.76, Off-Street Parking and Loading Regulations) be
heard by the Planning Commission and following a public hearing, the Planning Commission shall make a
written recommendation to the City Council whether to approvc, approve with modifications, or disapprove
the amendment.
At a public hearing held on November 15, 2005, the City Council introduced two Ordinances: I) to repeal
Ordinance 4-03; and 2) to amend the Dublin Zoning Ordinance (Chapters 8.12; 8.76, 8.100 and enact
8.78) to allow for thc convcrsion of garages to living spaces in R-l, Single Family Residential zoning
districts by means of a building (ministerial) permit, providcd that certain performance standards are met.
RECOMMENDA nON:
Staff recommends that the City Council: 1) Open Public Hearing; 2) Receive Staff presentation; 3) Receivc
Public Testimony; 4) Close Public Hearing; 5) Deliberate; 6) Waive the reading and adopt Ordinance
(Attachment I) repealing Ordinance 4-03; and 7) Waive the reading and adopt Ordinance option I
(Attachment 2), to allow Garab'C Conversions as a ministerial action.
Page 3 on
16bC\
ORDINANCE NO. XX·OS
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***************************************
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN REPEALING
ORDINANCE NO. 4-03, RELATING TO GARAGE CONVERSIONS
WHEREAS, on April I ,2003, the City Council adopted Ordinance 4-03 of the Municipal Code,
entitled "Amending Chapter 8.12 Zoning Districts and Permittcd Uses of Land; Chapter 8.76 on~
Street and Loading Regulations; and Chapter 8.100 Conditional Use Permit, (¡fthe Dublin Zoning
Ordinance, P A 03-002" for the purpose of regulating development within the City.
WHEREAS, the City Council desires to repeal Ordinance 4-03.
NOW, THEREFORE, The City Council of the City of Dublin does ordain as fol1ows:
Section 1:
Repeal of Ordinance No. 4-03
Ordinance No. 4-03 of the City of Dublin Municipal Code, relating to garage conversions, is hereby
repealed.
Section 2:
Effective Date and Postine: of Ordinance
This Ordinance shall take effect and be in forcc thirty (30) days from and after the date of its final
adoption. The City Clerk ofthe City of Dublin, shall cause this Ordinance to be posted in at least three
(3) public places in thc 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 6t~
day of December 2005, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
ATTACHMENT I
lot I / :;'-fD-o~
G:\J'A#\2tYß\03-002 ûara!Z(: (:"'nver~i(ln\G~r.\I J.¢ ~\lnverHinn200~\nrd repeøJin¡¡ garage con'/l9'Sion anI.DOC
:i- 6b Cj
ORDINANCE NO. XX - 05
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***************************************
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ENACTING
CHAPTER 8.78 OF THE 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 Pcrmitted Uses of
Land of the Dublin Zoning Ordinance (Chapter 8.12); Off-street Parking and Loading Regulations of the
Dublin Zoning Ordinancc (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 bc cnacted to
more effectively regulate development within thc 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 OfÌ~street Parking and Loading Regulations; and Chapter 8.100 Conditional
Use Pennit regulations, is exempt fTom the California Environmental Quality Act (CEQA). The various
changcs to the Zoning Ordinance listed above would also not create environmental impacts. These
changes are exempt fTom 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 Guidelincs, 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 aU said
reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, thc City Council of the City of Dublin does ordain as follows:
Section 1:
Chanter 8.78 Added to Dublin Municinal Code
ATTACHMENT 2
Chapter 8.78 is added to the Dublin Municipal Code, to read as follows:
36bq
8.78010 Purpose. The purpose of this Chapter is to provide for thc conversion by the owners of
single-family dwcllings of encloscd garages to living spacc.
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 tor
the addition ofwindow(s) to the garage's wall(s) that do not front on the street.
B. Two full-sizc 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-l R-l R-3 R-4 C- C-N C-l C-l M- M-l M-2
0 P
Resid¡ptial çonversioll of -
- ~ - - - . - - - - - -
Garal!e to T ,ivilll! Space - - - - - - - - - - -
Section 3:
Amendment of Dublin Municipal Code section 8.76.070.A.14(a)(1)
Section 8.76.070.A.14(a)(1) is modified to read as tallows:
a. Single family lot.
I. Principal residencc. An parking 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 bc 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 rcquired
garaged parking spaccs, a maximum of two vehiclcs (which shall include, but not
be limited to, an automobile, car, truck, or Recreational Vehicle) may he parked in
the following areas jf screened by a 6 foot high fence or wall and if at least one side
yard is unohstructed to a width of36 inches: Areas 1,2, 3a, 3b and 4. Additional
parking may occur in area 5a. Parking in area 5b shall bc as required by Section
8.76.060.E.2. No parking shall occur in area 5c except as permitted by Section
8.76.060.EA. See Figure 76-2. Parking in a driveway shall not compensate for
required enclosed garage parking unless two, full-size, unenclosed parking spaces
are provided for the purposes of converting a residential garage to living space. No
parking shall occur in Area 6.
Section 4: Amendment of Du bUn Municipal Code section 8.76.080.B 4Cbq
.
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 RÊOUIRED
Single FamilyIDuplexIMobile Home
Lots of 4,000 square feet or less 2 in enclosed garage per dwelling! 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 dwelling!
* Except if two, full-size, unenclosed parking spaces are provided elsewherc 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. t 00.060
Section 8.1 00.060.H, Required Findings, is deleted from the Dublin Zoning Ordinance to read as
follows:
H. For the eOßwF6isa sf siagls fÈm'lÎly residential garages ta li-..ial/: s !ase. lifoo.iteetural
cÐl15idemtiøas. iaeluding the eharaeter. seale ailS. Eiüalitv ofthe desi£f1. the IIfskitesrnml
relatioßshi13 \\'ilh tke site !Ifill øtker büildine:s. building materials B.all sølom. sereening øf
e)[terior I113IJurtenaRees. e!l-teFÎsr li¡¡1Hial!:. lIflll simillif elemeflts Rave Besa iaesl'Bsmted iffio
the IJroieet and as eül1ditiofls eflll'JIJl8YB.1 la sider to iamHe cømIJatibility øflftis
develøÐmeat with the develo13meRt's desi~ ssase 3t sr theme !Ifill the oo.araetsr of B.s.iB.s8flt
Büildiae:s. aeicllèørfløøds. Wid ¡weB..
Section 6: 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 7: Effective Date and Postinl!: of Ordinance
This Ordinance shall take effcct and be in force thirty (30) days from and after the date of its final
adoption. The City Clerk of the City of Dublin shaH cause this Ordinance to be posted in at least three (3)
public placcs in the City of Dublin in accordance with Section 39633 of the Government Code of
California.
6ðbq
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this 611> of
Dcccmbcr 2005, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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G:\P A#\2003\OJ-û02 Garage Conversion\Gamge c.onversîonZOO5\garage cony 000 optíon 1 ,DOC
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File # DODD-DO
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 15, 2005
SUBJECT:
ATTACHMENTS:
P A 03-002 City of Dublin, Zoning Ordinance Amendment - Amcndment
to Chapter 8.12, Zoning Districts and Permitted Uses of Land; Chapter 8.76,
Off-Street Parking and Loading Regulations; Chapter 8.100, Conditional
Use Permit and enact Chapter 8.78 Garage Conversion of the Dublin Zoning
Ordinance. These amendments would revoke the regulations that allow for
Garage Conversions with a ConditionallJsc Pcrmit and revise the procedure
to allow for Garage Conversions (without a Conditional Use Pcrmit) in
certain residential zoning districts if certain performance standards can be
met.
Report Prepared by: Linda Aiello, Associate Planner
1.
Ordinance repealing Ordinance 4-03, which established a
conditional use permit procedure for Garage Conversions.
Option I - Ordinance amending thc Zoning Ordinance to create a
new ministerial process for Garage Conversions based on
perfomlance standards.
Option 2 - Ordinancc amcnding thc Zoning Ordinancc to eliminate
the conditional use permit process for Garage Conversions and not
adopt a new garage conversion ordinance, as recommended by the
Planning Commission.
City of Dublin Ordinance No. 4-03 Amendment to Chapter 8.12,
Zoning Districts and Pcrmittcd Uses of Land; Chapter 8.76, Off:
Street Parking and Loading Regulations; and Chapter 8.100,
Conditional Use Penllit ofthe Dublin Zoning Ordinance adopted on
April I, 2003.
Planning Commission Resolution 05-056, dated October 25. 2005,
recommending that the City Council adopt the Ordinance repealing
Ordinancc 4-03, which established a conditional usc pcrmit
procedure for Garage Conversions; and to not adopt a new
Ordinance which would amend the Zoning Ordinance to create a
new procedure based on performance standards for Garage
Conversions.
Staff Report and Minutes for City Council Meetings:
2.
3.
4.
5.
6.
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COpy TO: In-House Distribution
(i:\PA#\2003\03-001 (;srage C:onvcHion\(ìarage conver~ion20{}5\(:(:SR I] -15-05 1 !:it rear.ling.doc
RECOMMENDATION:
FINANCIAl" STATEMENT:
DESCRIPTION:
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7,
a. November 19, 2002
b. March 18,2003
c. April 1 ,2003
d. July 19,2005
Staff Report and MinlItes for Planning Commission Meetings:
a. January 28,2003
b. February 25, 2003
c. October 25, 2005
Minutes for May 3, 2005, City Council Hcaring on Appeal of PA
04-036.
8.
1.
2.
3.
4.
5.
6.
Open Public Hearing
Receive Staff Presentation
Receive Public Testimony
Close Public Hearing
Deliberate
Waive the rcading and introducc Ordinance (Attachment 1)
rcpcaling Ordinance 4-03 and to waive the reading and introduce
Ordinance option I (Attachment 2), which would alIow for Garage
Conversions as a ministerial action or to waivc thc rcading and
introduce option 2 (Attachment 3), which would amend the City of
Dublin Zoning Ordinance 10 eliminate the ability to convert garages to
living area in most instances.
None
At thc November 19,2002 City Council meeting, the City COlIncil directed Staff to review an amendment
to the Off-Street Parking and Loading Regulations of the Dublin Zoning Ordinance. At that timc, thc
Dublin Zoning Ordinancc rcquired that each residential dwelling provide two off-street parking spaces in
all cncloscd garage. This parking requirement prevented the conversion of garages to living spaces unless
two enclosed parking spaces could he provided elsewhere on the lot.
At the City Council's direction, Staff proceeded with an amcndmcnt to the Dublin Zoning Ordinancc to
remove the word "cncloscd" from thc parking requirement. Staff prepared a report and presented the
proposed amendment to the Plalming Commission on January 28, 2003. The Planning Commission
directed Staff to provide alrcmativcs and studics to address the following concerns regarding the
convcrsion of garages to living space: I) traffic and safety, 2) infrastructurelservice impacts, 3) scope of
conversions, 4) aesthetics and design standards, and 5) grand-fàthering.
At thc February 25, 2003 Planning Commission meeting, Staff returned with a report that addressed the
Planning Commission's concerns and recommended a Conditional Use Permit proccss with thc Planning
Commission as the decision-making body_ Tn order for the Planning Commission to approvc a
Conditional Use Permit, certain findings would have to be madc to address issues such as compatibility
with adjacent properties; adverse impacts to hcalth, safety and welfare; impacts on property or
improvemcnts in thc ncighborhood; whcther the site is physically suitable for the changes being proposed;
and, consistcncy with devclopmcnt regulations for the zoning district in which the project is located.
Additionally, Staff recommended that a ncw conditional use permit finding be added for residential garage
conversIOns:
H. Architectural considcrations, including the character, scale and quality of the deSig~ab'1
thc architcctural rclationship with the site and othcr buildings, building matcrials and
colors, screening of exterior appurtenances, .exterior lighting, and similar elements
havc bccn incorporatcd into the project and as conditions of approval in order to
insure compatibility of this development with the development's design concept or
thcmc and thc character of adjacent buildings, ncighborhoods, and uscs.
The Planning Commission adoptcd Resolution No. 03~04 recommending that the City Conneil adopt an
Ordinancc that would allow garage conversions with a conditional usc pcrmit process that included the new
finding referenced above.
On March 18, 2003 and April I, 2003, the City Council held puhlic hearings on this item and approved
Ordinance No. 4-03 amending the Zoning Ordinance and thereby allowing for garage conversions with a
conditional use pen11itto he heard by the Planning Commission.
On May 3, 2005, the City Council heard an appeal of the Planning Commission approval of a proposed
conditional usc pcrmit for a garage convcrsion at 7697 Canterbury Lanc (P A 04-036). By a unanimous
vote, the City Council overturned the PlalUlÎng Commission's decision, denying the conditional usc
pernlÎt for a garage conversion at 7697 Canterbury Lane. During the deliberation on that appeal, the City
Council requested that an item he placed on a future agenda to discuss garage conversions in general.
On July 19, 2005, thc City Council rcccivcd a status report from Staff on garagc convcrsions that have
been approved or denied since the inception of Ordinance 4-03 in April 2003. The City Council discussed
the intent of allowing garage convcrsions and reached a consensus that the Ordinance was not achieving
the City Council's intent. At that meeting, the City Council directed Staffto prepare a future agenda itcm
to have the Garage Conversion Ordinance 4-03 revoked and to develop a new Ordinance that better met
the City Council's intent, while considering the following issues:
· Amount of off-street parking
· Subjectivity
· Requirement to maintain garagc door
· Legality of sign-off of radius neighbors
· Scope ofthe appeal process
· Whcthcr a CUP would bc rcquircd
On October 25, 2005 the Planning Commission received Staffs presentation regarding the proposed
amendmcnts to the Garagc Convcrsion Ordinancc. Thc majority of the Planning Commission cxpressed
concerns regarding the absence of a neighbor sign-off or notification process for garage conversion
applications, as well as concerns regarding on-street and off-street parking in the neighborhood.
Following deliberations, the Plarming Commission adopted a Resolution recommending that the City
Council adopt an ordinance (0 repeal Ordinance 4-03, which allows garage conversions with a conditional
use permit, and that the City Council not adopt any new ordinance to allow garage conversions
(Attachmcnt 5).
Amendment:
Staff has prepared draft ordinances that were designed to address the concerns ofthe City Council. The draft
ordinances would repeal Ordinancc 4-03, which estahlishcd a conditional usc pcrmit for garagc convcrsions
(Attachment 1), and amcnd Chapter 8 of thc Municipal Code to allow garage conversions as a ministcrial
action (Attaclunent 2). The new ordinance would enact Chapter 8.78 pertaining to garage conversions to
1 +
amend the Municipal Code. The new code section would allow garage conversions with the issuance of a
building permit, provided that the Jollowing perJormancc standards arc met: y 6b q
A. There are no modi fications to the garage door or to thc cxtcrior of the dwelling except for the
addition ofwindow(s) to thc garagc's wall(s) that do not front on the street.
B. Two full-size unenclosed parking spaces will be available on the parcel fol1owing the conversi(Jn.
Since the approval pmcess would be a ministerial action, thcrc would bc no right to appeal.
The City AttonJey reviewed the legality of requiring neighbor sign-on' from properties within the required
radius of a property applying for a ministerial garage convcrsion pcrmit. The City Attorney concludcd that
such a requirement would violatc thc due process of rights of the owner of the subject property and would bc
an lmlawful delegation of powcr. It is the opinion of the City AttonJey that, if challenged, such a provision
would not bc upheld in a court of law.
Staff has also prepared a draft ordinance to support the Planning Commission's recommendation to repeal
the current ordinance (4-03) and to not adopt a ncw garage conversion ordinance (Attachment 3). Thc City
Council's selection of this option would have the effect of repealing Ordinance 4-03 and amending Chapter
8 of the Municipal Code in order to remove the provisions which al10w garage conversions as a
Conditionally Pennitted Use. Garage Conversions would then only be possible if thc propcrty owner could
provide two enclosed parking spaces elsewhere on the propcrty.
Environmental Review:
On August] 8, 1997, the City Council adoptcd Resolution 103-97 finding that the Comprehensive Revision
to the Zoning Ordinance, including Chapter 8.76, Off-Street Parking and Loading Regulations is exempt
fÌom the California Environmental Quality Act (CEQA). It can bc sccn with ccrtainty that thcrc is no
possibility that revising the Zoning Ordinancc in this manner would have a significant effect on the
cnvironmcnt (Scction 15061(b) (3). Various changes to the Municipal Code listed above are proposed which
would not increase or create environmental impacts. These changes will have no cnvironmcntal impacts and
are also exempt from the California Environmental Quality Act (CEQA) because it can be seen with
ccrtainty that thcrc is no possibility that such amendments would have a significant effect on the
environment.
CONCLUSION:
The Zoning Ordinance (Chapter 8.120) rcquircs that all zoning ordinance amendments (such as the addition
of Chaptcr 8.78 Garagc Conversions and proposed anlendments to Chapter 8.76, Off-Street Parking and
Loading Regulations) be heard by the P ¡l1ming Commission and following a public hcaring, thc Planning
Commission shaH make a wrillen recommendation to the City Council whether to approve, approve with
modifications, or disapprove the amendment. The proposed Ordinancc option 1 (Attachment 3) follows
City Council's direction, while proposed Ordinancc option 2 (Attachment 4) would implement the Plmming
Commission's recommcndation.
RECOMMENDATION:
Staff recommends that the City Council open thc public hcaring and receive Staff presentation, take
testimony fÌom the public, close the puhlic hearing, delibcratc, waive the reading, introduce the Ordinance to
repeal Ordinance 4-03, and eithcr waive the reading and introduce Ordinance option I (Attachment 2), which
would allow for Garage Conversions as a ministerial action or waivc the reading and introduce option 2
(Attachment 3), which would amend thc City of Dublin Zoning OrdinmlCe to eliminate the ability to convert
garages to living spacc in most instances.