HomeMy WebLinkAbout87-015 Zoning Ordinance Amendment-Sleeping in Vehicles
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: February 17, 1987
FROM:
Planning Commission \I~
Planning Staff ~ ~f\
TO:
SUBJECT:
PA 87-015 Zoning Ordinance Amendment - Sleeping
in Vehicles.
GENERAL INFORMATION:
PROJECT:
Amendment to the City Zoning Ordinance relating
to Sleeping in Vehicles in all zoning districts
within the City.
APPLICANT:
City of Dublin.
LOCATION:
Citywide
ZONING:
All Zoning Districts
ENVIRONMENTAL REVIEW:
A Negative Declaration has been prepared for this
project pursuant to the provisions of CEQA. The
project will not have a significant effect on the
environment.
NOTIFICATION:
published
in public
Public Notice of the February 17, 1987, hearing was
in The Herald, mailed to adjacent property owners, and
buildings.
posted
ANALYSIS:
The Police Department recently encountered a problem with enforcing the
City's Zoning Ordinance regulating Sleeping in Vehicles on commercial lots,
Section 8-60.33 (General Requirements - Yard Regulations) of the City's
Zoning Ordinance states in part that:
"No mobilehome, recreational vehicle, utility trailer,
unmounted camper top, boat, car, truck, or other vehicle
parked or stored on a lot, shall be occupied for living,
sleeping, or any other purpose except as legally allowed in a
bona fide trailer park.
No mobilehome, recreational vehicle, utility trailer,
unmounted camper top, boat, car, truck, or other vehicle
parked upon any public right-of-way, shall be occupied for
living or sleeping purposes."
The District Attorney felt that the Ordinance does not clearly prohibit
sleeping in vehicles on commercial lots in that the Ordinance does not
explicitly state that it is prohibited in commercially zoned districts.
- - - - - - - - - - - - - - - -- - - - - - - - - - - - - --- - - - - - - - - - -- --- - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - --
ITEM NO.
<a.s
COPIES TO: File PA 87-015
The Assistant City Attorney reviewed the existing Ordinance and proposes
an Ordinance Amendment to include the phrase "in any Zoning District".
"No mobilehome, recreational vehicle, utility trailer, unmounted
camper top, boat, car, truck, or other vehicle parked or stored
on a lot in any zoning district shall be occupied for living,
sleeping, or any other purpose except as legally allowed in a
bona fide trailer park, mobilehome park, or recreational vehicle
park.
No mobilehome, recreational vehicle, utility trailer, unmounted
camper top, boat, car, truck, or other vehicle parked upon any
public right-of-way, in any zoning district shall be occupied
for living or sleeping purposes.
Violation of the provisions of this section shall constitute a
misdemeanor."
It is expected that the prosecution of individuals sleeping in vehicles
will be easier with adoption of this amendment to the Ordinance,
In conjunction with this Amendment relating to Sleeping in Vehicles, Staff
has reorganized and established section numbers for Section 1. E of City
Ordinance No. 3 - 86 (adopted March 10, 1986) which previously amended Section
8-60.33 of the City's Zoning Ordinance (see Attachment 1). The reorganization
proposed in the draft Ordinance is intended to enhance the usability and
readability of the existing Ordinance, and does not amend the content or meaning
of the Ordinance,
RECOMMENDATION:
FORMAT:
1)
2)
3)
4)
5)
Open public hearing.
Hear Staff presentation.
Hear public presentations.
Close public hearing.
Adopt Resolutions relating to Zoning Ordinance Amendment.
ACTION:
Staff recommends the Planning Commission adopt the attached
Resolutions recommending approval of PA 87-015 Zoning Ordinance
Amendment regulating Sleeping in Vehicles and recommending approval
of the associated Negative Declaration.
ATTACHMENTS:
Exhibit A - Draft Zoning Ordinance Amendment
Exhibit B - Resolution recommending approval of a Negative Declaration for
PA 87-015 Zoning Ordinance Amendment.
Exhibit C - Resolution recommending approval of PA 87-015 Zoning Ordinance
Amendment.
Attachment 1: City Council Ordinance No.3 - 86 regarding Recreational
Vehicles
-2-
ORDINANCE NO. - 87
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE CITY ZONING ORDINANCE
RELATING TO SLEEPING IN VEHICLES WITHIN ANY ZONING DISTRICT
AND REORGANIZING SECTION 8-60.33 - YARD REGULATIONS
The City Council of the City of Dublin does ordain as follows:
Section 1. That Section 8-60.33 YARD REGULATIONS of the Dublin Zoning Ordinance
(as previously amended under City of Dublin Ordinance No. 3 - 86) is hereby
amended to read as follows:
"8.60.33 YARD REGULATIONS. In order to secure minimum basic
provision for light, air, privacy, and safety from fire
hazards, it is required that every building shall be upon a
building site of dimensions such as to provide for the yards
specified for the zoning district in which the lot is
located, and the following sections shall apply and control.
Every such yard shall be open and unobstructed from the
ground upward, except as otherwise provided for accessory
buildings in Sections 8-60.27, 8-60.31, and 8-60.32, for
fences in Sections 8-60.53 and for other buildings in Section
8-60.37, and for signs as regulated by Section 8-60.65 and
Section 8-60.59 (b)."
Section 2. That Section 8-60.33.1 STORAGE OF VEHICLES IN YARDS of the Dublin
Zoning Ordinance is hereby added to read as follows:
"8-60.33.1 STORAGE OF VEHICLES IN YARDS. The following
regulations shall relate specifically to the parking or
storage of a mobilehome, recreational vehicle, utility
trailer, unmounted camper top, boat, car, truck, or other
vehicle in any zoning district. Violation of the provisions
of this section shall constitute a misdemeanor.
a) A mobilehome, recreational vehicle, utility trailer,
unmounted camper top, boat, car, truck, or other vehicle
stored as herein provided shall be owned by the
occupants of the premises upon which it is stored.
b) At no time shall the stored item be located on a corner
lot within thirty (30) feet of the intersection of the
street lot lines or projection of such lines.
c) At no time shall the stored or parked item encroach in,
over, across or upon the sidewalk.
d) At no time shall the stored or parked item be located
within twenty (20) feet of the corner common to a corner
lot and a key lot in any R District.
-1-
~Y~~'~i'l A-
.. ~V...,A '
. h~\' c,;, "I
J"",j'~~ ~~D~ ~
e) At no time shall a mobilehome, recreational vehicle,
utility trailer, unmounted camper top, boat, car, truck,
or other vehicle parked or stored on a lot in any zoning
district be occupied for living, sleeping, or any other
purpose except as legally allowed in a bona fide trailer
park, mobilehome park, or recreational vehicle park.
f) At no time shall a mobilehome, recreational vehicle,
utility trailer, unmounted camper top, boat, car, truck,
or other vehicle parked upon any public right-of-way in
any zoning district be occupied for living or sleeping
purposes.
g) Figure 1 of Section 8-60.33.1 entitled "Areas On A
Typical Residential Lot" is made a part of this
Ordinance and the numerical designations of areas of the
typical corner lot shall be used to define the areas for
storage of recreational vehicles as hereafter set forth.
1. Front: A mobilehome, recreational vehicle, utility
trailer, unmounted camper top, boat, car, truck or
other vehicle may be parked or stored in:
a. Areas 5, 5b or 6 - provided that:
1) the parking or storage is on a concrete
pad, or similar all weather surface; and
2) the parking or storage is accessed by a
curb cut in conformance with the Standard
Plans of Alameda County as adopted and
established by the City Engineer; and
3) that the parked or stored item is validly
licensed and operable at all times; and
4) only one item may be parked or stored in
the combined areas of 5, 5b or 6.
b. Area Sa - provided that the parked or stored
item is validly licensed and operable at all
times.
2. Rear or Side: A mobilehome, recreational vehicle,
utility trailer, unmounted camper top, boat, car,
truck, or other vehicle may be parked or stored in:
a. Areas 1, 2 and 3 - provided that:
1) the parked or stored item is screened
from view from the street and adjoining
lots by a six foot high fence, wall,
hedge or equivalent screening; and
2) an access and curb cut is provided for
the parking or storage in conformance
with the Standard Plans of Alameda County
as adopted and established by the City
Engineer; and
3) there is one unobstructed sideyard at all
times.
-2-
8-60.33.1
Figure 1
'CY
1
. - -- -:1"
0' ., - ~ -=-- 0~ __~I-I@)
\.!.J .' . .., 'm, .
~~
,~
I I
~-
II
l0J
r:'
I
I
.,
MAIN BUILDING
- ~-li~' ',IU
(10 .
@ -r-I-\ f
..\ II
I I Ii
._1:,; ! L t=::---
I s:.-.---. - ,
. , 1(8::',
lit
,
@ ~,
1_- -- -.I -
J..-~-"
. . '...
- .
.
,
~
Q
K'
.
.
,
.
.
o
1
-~ .
k-- 30' ._-~
I,
11
SIDEWALK
AREAS ON A TYPICAL
RESIDENTIAL LOT
1) Rear Yard
2) Area between Rear Yard'
and rear of Main Building
3) Side Yard
'4) Area. between Side 'Yard
and adjacent side wall
5) Fr,ont Yard
a) Front Yard = driveway
b) Front Yard = narrowe~
of two areas along
side of drive\'/'ay
6) Area between Front Yard
and front of Main
Buiiding
J I
. .
{ ~~=l' '1
f-.J-=t,l
~-J==-l }
-3-
Section 3. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase of this Ordinance, or any part thereof, is for any reason held to
be unconstitutional, the validity of the remaining portions of this
Ordinance shall not be affected thereby.
Section 4. This Ordinance shall take effect and be in force thirty (30) days
from and after the date of its passage. 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 36933 of the
Government Code of the State of California.
PASSED AND ADOPTED by the City Council of the City of Dublin on this
day of , 1987, by the following votes:
AYES
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
-4-
RESOLUTION NO. 87-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION FOR PA 87-015
ZONING ORDINANCE AMENDMENT REGULATING SLEEPING IN VEHICLES
WHEREAS, the Dublin Police Department encountered a problem with
individuals sleeping in vehicles on commercially zoned parking lots; and
WHEREAS, the District Attorney has determined the City's existing
Zoning Ordinance does not explicitly state that sleeping in vehicles on lots
within a commercial district is prohibited; and
WHEREAS, a draft Ordinance amending the City's Zoning Ordinance
regarding Sleeping in Vehicles in any zoning district and reorganizing Section
8-60.33 YARD REGULATIONS has been prepared; 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 impact and that environmental
documents be prepared; and
WHEREAS, an Initial Study was conducted finding that the project,
as proposed, would not have a significant effect on the environment; and
WHEREAS, a Negative Declaration has been prepared for this
applicaton; and
WHEREAS, public notice of the Negative Declaration was given in all
aspects as required by State Law; and
WHEREAS, the Planning Commission did review and consider the
Negative Declaration at a public hearing on February 17, 1987;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby find:
1. That the project will not have a significant effect on the environment.
2. That the Negative Declaration has been preprared and processed in
accordance with State and local environmental laws and guideline
regulations.
3. That the Negative Declaration is complete and adequate.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission hereby
recommends that the City Council adopt the Negative Declaration for PA 87-015
Zoning Ordinance Amendment relating to Sleeping in Vehicles.
PASSED, APPROVED AND ADOPTED this 17th day of February, 1987.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
r.....~.!
. '"; /-~1
'oj:;'
.
~;.:... ~~ ..r;.#
e
RESOLUTION NO. 87-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING ADOPTION OF PA 87-015 ZONING ORDINANCE AMENDMENT
REGULATING SLEEPING IN VEHICLES
WHEREAS, the Dublin Police Department encountered a problem with
individuals sleeping in vehicles on commercially zoned parking lots; and
WHEREAS, the District Attorney determined the City's existing
Zoning Ordinance does not explicitly state that sleeping in vehicles on lots
within a commercial district is prohibited; and
WHEREAS, a draft Ordinance amending the City's Zoning Ordinance
regarding Sleeping in Vehicles in any zoning district and reorganizing Section
8-60.33 YARD REGULATIONS has been prepared; and
WHEREAS, the Planning Commission held a public hearing on said
draft Ordinance on February 17, 1987; and
WHEREAS, notice of said public hearing was provided in all respects
as required by law; and
WHEREAS, said draft Ordinance has been reviewed in accordance with
the provisions of the California Environmental Quality Act and a Negative
Declaration of Environmental Significance has been prepared for this project as
it will not have a significant effect on the environment; and
WHEREAS, a Staff Report was submitted regarding said draft
Ordinance; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations, and testimony as hereinabove set forth; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby find that the draft Ordinance Amendment is consistent with the
City's General Plan.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby recommend the City Council adopt the Zoning Ordinance Amendment relating
to Sleeping in Vehicles in any zoning district (Exhibit A).
PASSED, APPROVED AND ADOPTED this 17th day of February, 1987.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Director
-1-
-VI~'('
:Jt",;::
~!P.\'/'~
e
(,..
-.('-.
(,,'
ORDllWik:E NO. 3-86
AN ORDllWik:E OF '!HE CITY OF DUBLIN
AMENDING CERTAIN PROVISIONS OF CHAPTER 2 OF TITLE 8
OF 'lIiE DUBLIN ZONIN:; ORDnmR:E
REGAPJHNG ROCREATIONAL VF?-:IICLES (R. V. QP.DINMa:)
The City Council of the City of Dublin does ordain as follows:
SECTION 1 AMENDMENTS:
A. Section 8-21. 2 . 2 is added to read as follows:
"Section 8-21.2.2 HOUSE CAR. A 'house car' is a rotor vehicle which
was originally designed, or pennanently altered, to l::le equipped for
human habitation, or to which a canper has been permanently. attached."
B. Section 8-22.12.7 is added to read as follows:
"Section 8-22 .12 . 7 S'IDPJl.GE. The term I storage I or I store I shall mean
to place or keep an item on a lot for not less than seventy-t\o.o (72)
consecutive hours."
C. Section 8-22.51 is arrended to read as follows:
"Section 8-22.51 RECREATIONAL VEHICLE. 'Recreational vehicle I means a
vehicle with or without rrotive power, designed for human habitation for
recreational or emergency occupancy. The term I recreational vehicle I
includes, but is not limited to, carrp cars, uotor hcmes, travel
trailers, . tent trailers, pickup truck callipers, and house cars. For the
purposes of. this section, references to types of conveyances shall have
the sarre meanings as defined in the California State Vehicle Code,
where such definitions are available."
D. Section 8-23.2.1 is added to read as follows:
"Section 8-23.2.1 VEHICLE. A I vehicle' is a device by which any person
or property may be propelled, TIOved, or drawn upon a highway, excepting
a device rroved by human power or used exclusively upon stationary rails
or tracks."
E. Section 8-60.33 is amended to read as follows:
"Section 8-60.33 YA."ID REGULATIONS. In order to secure llllm.mtlJ.'1I basic
provision for light, air, privacy, a~d safety from fire hazards, it is
required that every building shall be upon a Building Site of
dimensions such as to provide for the yards specified for the District
in which the lot is located, and the following sections shall apply a'1d
control. Every such Yard shall be open and unobstructed from the
ground upward, except as otherwise provided for Accessory Buildings in
Sections 8-60.27, 8-60.31, and 8-60.32, for fences in Section 8-60.53
and for other buildings in Section 8-60.37 &'1d for signs as regulated
by Section 8-60.65 and Section 8-60.59(b).
-.
,.
.,,', T ~!I(:. ,I' :,"" '~':1'7!l 1
~ t~L~ij~i'l~ j,
-1-
~,'1 -:~i
~~"
, " M
..,,,
~'.:'.".-.."
~ ..;::,;.,
',t~
(--O~
\.,;:- -.~'
The diagram entitled "Areas On A Typical Residential Lot" is made
a part of this Ordinance and the numerical designations of areas of the
typical corner lot shall be used to define the areas for storage of
recreational vehicles as hereafter set forth.
A rnobilehome, recreational vehicle, utility trailer, unmounted
camper top, boat, car, truck or other vehicle may be stored in the rear
yard (designation number 1), the area between the rear yard and the
rear of the main building (designation number 2) and a sideyard
(designation number 3) provided that there is at all times one
unobstructed sideyard, and provided furt.'1er, that the stored item (1)
is screened from view from the street and adjoining lots by a six foot
high fence, wall, hedge or equivalent screening, and (2) is provided
with access and a curb cut in conformance with the Standard Plans of
Alameda County as adopted and established by the City Engineer.
No M)bilehorne, Recreational Vehicle, utility trailer, unmounted
carrper top, boat, car, truck, or other vehicle shall be parked or
stored in the Front Yard (designation nurnber 5), in the area between
.the Front Yard and the front of the Main Building (designation number
6), or within t\Venty (20) feet of the corner cam'On to a Corner Lot and
a Key Lot in any R District except as follows:
a) A M)bilehorne, Recreational Vehicle, utility trailer,
unmounted camper top, boat, car, t...""Uck, or other vehicle may be
parked or stored in the drive.V<iY (designation number Sa) for an
indefinite period of time, provided that it is at all ti.rnes
validly licensed and operable.
.b) Provided that the parking or storage (l) is on a concrete
"pad, and (2) is accessed by a curb cut in conformance with the
Standard Plans of Alameda COlmty as adopted and established by
the City Engineer, a single ~bbilehome, Recreational Vehicle,
utili ty trailer, unmounted canper top, boat, car, truck, or other
vehicle may be parked or stored in the front yard (designation
numbers 5 and 5b) and in the area bet\~en the front yard and tIle
front of the main building (designation number 6), provided that
it is at all times validly licensed and operable.
c) At no time shall the stored ite.'1I be located on a corner lot
within thirty (30) feet of G'1e intersection of the street lot
lines or projection of such lines.
d) At no time shall the stored or parked item encroach ln, over,
across or upon the sidewalk.
No M)bilehome, Recreational Vehicle, utility trailer, UTh'1lOunted
carrper top, boat, car, truck, or other vehicle parked or stored on a
lot shall be occupied for living: sleeping, or any other purpose except
as legally allowed in a bona-fide trailer park.
--
No VDbilehorne, Recreational Vehicle, utility trailer, unmounted
carnper top, boat, car, truck, or other vehicle parked upon any public
right-of-way shall be occupied for living or sleeping pUl?Oses.
-2-
~
r:'~"!;;~~
.~~?'
0l.4.'
. ~~..'~~
'-"
A l-bbilehome; Recreational Vehicle, utility trailer, unrrounted
canper top, boat, car, truck, or other -vehicle stored as herein
provided shall be owned by the occupants of the premises upon which it
is stored.
F. Section 8-63.2 is arrended to read as follows:
"Section 8-63.2 PARKING SPACES: PCCESSIBILITY. These regulations are
intended to provide off-street spaces for the parking of the
automobiles of tenants of the premises and visitors in the cases of
residential uses, and for clients, custarers, ertployees and callers in
the case of nonresidential uses. Off-street spaces are required to be
kept accessible for these purposes continuously, and ~~e use of any
such required space or spaces, or of any driveway or maneuvering space
necessary to provide access thereto for the storage of inoperable rrotor
vehicles, structures, materials or goods of any kind shall constitute
discontinuance thereof in violation of Section 8-63.1."
SECITON 2 EFFECTIVE DATE AND POSTING OF ORDINMa:
'!his Ordinance shall take effect and be in force ninety (90) days from and
after the date of its passage. 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 36933 of the Government Code of the State of
California.
PASSED AND ADOPTED BY '!HE CITY C()(,JOCIL OF 'IHE CITY OF DUBLIN on this lOth day
of r13.rch, 1986, by the following votes:
AYES: Councilmembers Hegarty, Jeffery, M:lffatt, Vonheeder &'1d
Mayor Snyder
IDES: None
ABSENT: t-bne
ATI'EST ~
~~C.I
City Clerk
".
-3-
Q
Lii,;J
L::'}'''::'
. ,.
-
1
. -
....- - - ~. -- -- -- 1-.
,. 0 ' -.0
(}) ------ -----=-I
- - -, -11
MAIN BUILDING I
\01
I I
~-
,I
lV\J
r:
I
I
"
@ I'
, .
,'- - -. I':"
, .
.1.>< .
-.. . ....
~
o
c<'
1
-k-- 30'
'(9
.~
-~-I!'
.. 1.....
, )10 .' " . _
@ ~~I It
..1 !
. \'.\ I.
!' .., I
. I. 1
--.-.
!
\
\
, ([j;'"
:.!.:;-.;
>i;f"-
AREAS ON A TYPICAL
RESIDENTIAL LOT
1) Rear Yard
2) Area between Rear Yard-
and rear of Main Building
3) Side Yard
. 4) Area between Side
Yard
and adjacent side wall
5) Ft'ont Yard
a) Front Yard = driveway
b) Front Yard = narrower
of two areas along
side of driveway
6) Area between Front Yard
and front of Main
Buiiding
I,
11
J .
SIDEWALK
t- 'J==-l~
~'J=:l }
.
.
@,
'.
.
.
-.
.
~~-~
{_~~=l' .~
"1 ,"'t.-"'("'~:':'W''''''''t:~.",,1'I:>"-:' ;-"". .;~ ';"~:-~-';., .-:,,:~~-'"'o.- ...~.., ...~~..:T.":-:-'><:': '.I
"';:-::-.:--:y-~;:t.'c,,:,-,;,;,'i<~!:..I~:~."\?<:VttS~~'f-:::-."""J:.1;.~.:;'... -:......~.:-;~tI~~.Jj.~?~.:.~.,t,,;:~..:..: ,- ";. ;.~ '.".1 ~ ..:.........;.:~-. ~~:.:.-:.;.,;,........, c:"..-""'>';- ;':';".~-: .~-- :~