HomeMy WebLinkAbout6.6 ZonOrdAmendPA02-040 CITY CLERK FILE #450-20
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 17, 2002
SUBJECT: PUBLIC HEARING PA 02-040 City of Dublin, Zoning Ordinance
Amendment - Amendment to various Chapters of the Dublin Municipal
Code (Zoning Ordinance) including Chapter 8.08, Definitions; Chapter
8.12, Zoning Districts and Permitted Use Of Land; Chapter 8.36,
Development Regulations; Chapter 8.40, Accessory Structures And Uses
Regulations; Chapter 8.64, Home Occupations Regulations; Chapter 8.76,
Off-Street Parking And Loading Regulations; Chapter 8.84, Sign
Regulations; Chapter 8.104, Site Development Review Regulations;
Chapter 8.108, Temporary Use Permit Regulations; and, Chapter 8.144,
Enforcement Regulations.
Prepared by Dennis Carrington, Consultant & .Janet Harbin, Senior
Planner
ATTACHMENTS: 1. Ordinance amending the Dublin Municipal Code
2. Planning Commission Staff Report and Minutes for August 27, 2002
3. Planning Commission Resolution 02-33
RECOMMENDATION: 1. Open Public Hearing and receive Staff presentation.
2. Question Staff.
1/ 3. Take from the Public.
testimony
4. Close Public Hearing and deliberate.
5. Waive the reading and introduce the Ordinance (Attachment 1) to
amend the Dublin Municipal Code.
PROJECT DESCRIPTION:
On September 2, 1997, the City Council adopted a comprehensive revision of the Dublin Zoning
Ordinance. Implementation of the Zoning Ordinance during the past five years has revealed several areas
where the Ordinance requires clarification, improvement, and further revision to conform to changes in
related municipal codes and State law. Staff is recommending several amendments to various chapters of
the Zoning Ordinance (see attached Ordinance, Attachment 1). The amendments are summarized below
according to whether they clarify language, or pertain to accessory structures, land uses, setbacks or signs.
Zoning Ordinance Amendments
Clarification of Language:
· Section 8.08.020, Accessory Structure. This Section defines the term Accessory Structure. The
proposed amendment would add the words "as determined by the Director of Community
COPIES TO: PA File
ITEM NO.
G:\PA#~002\02-040\CCSR. DOC
Development" to provide clarity as to who the decision maker is regarding which accessory structures
are necessarily and customarily associated with, and are appropriate, incidental, and subordinate to,
the lawfully established Principal Structure.
· Section 8.08.020, Fireworks Sales (use type). The added language "as regulated by the Fire
Marshall" makes clear which official regulates fireworks sales.
· Section 8.64.030.E, Company Vehicle. This change clarifies that "3/4 ton" refers to the weight
capacity of the vehicle, not the vehicle itself.
· Section 8.76.060E.7, Parking within a designated parking space. This section is proposed to be
re-designated to give it its own heading and separated from the language referencing recreational
vehicle parking in residential areas as it applies to all vehicles and not just recreational vehicles.
· Section 8.76.060E.8, Prohibited parking. The two categories under this heading are being given
titles of their own and this heading is, therefOre, not necessary.
· Section 8.76.060.E.8.a, Living or sleeping in vehicle parked upon any public right-of-way. This
section is proposed to be re-designated to give it its own heading separate from recreational vehicles
parking in residential areas as it applies City-wide, and not just in residential areas
· Section 8.108.020.F, Fireworks Sales. The Ordinance currently shows Fireworks Sales as being
permitted by a Temporary Use Permit. The Fire Marshall regulates Fireworks Sales and therefore the
language regarding a Temporary Use Permit should be deleted.
· Section 8.144.070, Criminal Remedies. The Enforcement chapter of the Ordinance currently allows
the City to fine any person, firm or corporation guilty of an infraction upon a first conviction, second
conviction and for a third or any subsequent conviction. This language is not consistent with Section
36900(a) of the Government Code that permits a jurisdiction to require a fine for each violation
determined to be an infraction. It is proposed that the word "infraction" be substituted for the word
"conviction" to bring the Ordinance into consistency with state law.
· Section 8.40.020,C.4, Inhabitable space. The existing language exempts Guesthouses from the
requirement that accessory structures may not provide year-round habitable space. The change to this
section would add Second Units to this exemption
Changes to Permitted Land Uses:
The Zoning Ordinance presently allOws cafeterias, delicatessens and .food vending of less than 1,000
square feet as Commercial and IndUstrial Accessory Uses. Although other eating and drinking places are
permitted in commercial zoning districts, they are not allowed in any industrial zoning district. The City
has received several requests in the past to allow eating and drinking places larger than 1,000 square feet
(such as coffee houses) in M-l, Light Industrial, and M-P, Industrial Park, zoning districts to serve the
surrounding industrial uses, their employees, and their clients. The following change in the matrix of
permitted and conditionally permitted land uses is proposed to allow small cafes, restaurants, coffee
houses and deli's in these zoning districts for the convenience of employees, clients and other business
users.
· Section 8.12.050, Permitted and Conditionally Permitted Land Uses. To permit this type of use
in a space greater than 1,000 square feet, the Land Use Matrix has been revised to allow eating and
drinking places as conditional uses subject to Zoning Administrator review and approval under
2
Commercial Type Uses. The review and approval by the Zoning Administrator would make these
businesses subject to a discretionary permit in industrially zoned areas.
Changes to Accessory Structure Regulations
During the implementation of'the Zoning Ordinance Over the past 5 years, Staff has been made aware of
several requirements contained within the Accessory Structure Regulations that have proven difficult to
employ, due to various lots sizes and the variety of accessory structures applicants desire to construct.
Included are the proposed changes to the Accessory Structure regulations:
· Section 8.36.100.A, Applicability of coverage regulations. The only modification, other than a
grammatical correction, is the addition of a provision allowing one 120 square foot building on lots
less than 5,000 square feet in size to be exempted from the coverage regulations. This will allow
owners of homes with small back yards to have at least one small accessory structure such as a shed.
· Section 8.40.020.C.8, Separation of detached accessory structure from other structures on the
same lot. The existing language reflects the 1997 Uniform Building Code (UBC) separation
requirement of 6 feet between detached accessory structures and other structures on the same lot. The
UBC has subsequently been changed to require a lesser separation of 3 feet between structures. The
modification related to the separation between structures would be language generally stating that the
separation is per the requirements of the UBC. This will avoid having to revise the Ordinance every
time this portion of the UBC is modified.
· Section 8.40.20.F.l.e, Maximum square footage of detached accessory structures (excluding
swimming pools) on a lot. The existing language limits the total combined square footage of a
detached garage, workshop, studio or office to 1,000 square feet. This language should be revised to
clarify that these types of accessory structures are given as examples, and that the total of 1,000
square feet is for all accessory structures on the lot. Two changes are proposed: 1) language would be
'added for lots less than 5,000 square feet in size to allow one accessory structure in the Rear Yard
with a maximum of 120 square feet to be exempted from the coverage requirements of the Ordinance.
Small lots could then have a small storage structure in the backyard, but may not be able to have
additional accessory structures because the 30% maximum coverage requirement could not be met;
and, 2) for lots 5,000 square feet and larger, the combined square footage limitation of 1,000 square
feet is. for all accessory structures such as a detached accessory garage, workshop, studio or office.
· Section 8.40.20.F.l.a, Adjacent a fence or wall. It is proposed to delete Section 8.40.20.F. 1.a,
Adjacent a fence or wall, and include it (with a modification) in the revised tables in Section
8.40.20.F.2.h. The existing language addresses how visible accessory structures would be over a
fence or wall. Currently, any accessory structure .within 6 feet of a fence or wall may not be taller
than 8 feet. Additionally, the current Zoning Ordinance requires structures that are greater than the
fence height to be setback from property lines equal to the height of the structure. An example would
be a garden shed that is 12-feet height would be required to be setback 12-feet from the property line.
The existing accessory structure setback charts are inconsistent and unclear.
Modifications are proposed related to lots less than 5,000 square feet and also those over 5,000
square feet. The smaller lots will have smaller setbacks to preserve useable lot space. Setbacks for
swimming pools, spas, hot tubs and their associated equipment are proposed to be moved from
Section 8.40.20.F.2.j. 1, Setbacks, to a table. Changes are proposed to the setback regulations for
swimming pools, spas, hot tubs and their associated equipment. Currently, spas and swimming pools
must now be 6 feet from the principal residence and 5 feet from the side property line or rear property
line. The smaller lots in Eastern Dublin often have rear yards only 10 to 15 feet deep. Residents in
3
this area are often unable to have spas in their back yards under the current regulations.
Changes are Proposed for lots under 5,000 square feet to allow spas and pools, and any accessory
structures under 8 feet in height to be located within the side yard, street side yard and rear yard areas
without respect to setback restrictions. Additional changes are proposed for lots over 5,000 square
feet to allow swimming pools, spas, hot tubs and their associated equipment to be located within 3
feet of the side and rear property line. Together with a change to allow accessory structures to be
located 3 feet from the principal residence per the UBC (as previously discussed), these changes
would allow for a spa and gazebo, in many instances where they are not currently permitted.
· 8.40.20.F.2.j.1, Setbacks. The proposed modification would decrease the setback distance from 6
feet to 5 feet for an accessory structure with a maximum height of 15 feet. This change would be
applicable to lots 5,000 square feet or larger. For the new category pertaining to lots less than 5,000
square feet, the maximum height for an accessory structure is 10 feet with a 3-foot required setback.
The shorter maximum height is based on the premise that these lots are smaller and there is less
distance between structures on the lots. An accessory structure at 15 feet in height on a small lot
would seem more visually intrusive to neighboring property owners than one at 10 feet in height.
A change is also proposed in this section of the ordinance that the setback distance be measured from
a side lot line or rear lot line rather than a fence or wall, which could conceivably not be located on a
lot line but rather somewhere inside the lot. Included below is a table with the existing regulations in
strike-out text and the new text underlined:
For lots less than 5,000 square feet in size..
Shade Enclosed Enclosed Swimming
Structures, Structure Structure less pools, spas, hot
Gazebos, greater than 8 than or equal to tubs and
Covered Patios feet in height 8 feet in height associated
and equipment
Unenclosed
Structures
Height (max) 10 feet 10 feet 8 feet 8 feet
Front Yard Not allowed Not allowed Not allowed Not allowed
Setback except for
Entry features
permitted by
Section
8.40.20.F.2.c
Side Yard 3 feet 3 feet 0 feet 0 feet
Setback
Street Side Yard 3 feet 3 feet 3 feet 0 feet
Setback
Rear Yard 3 feet 3 feet 0 feet 0 feet
Setback
4
For lots 5,000 square feet in size or larger.
Shade Enclosed Enclosed Swimming
Structures, Structure Structure less pools, spas, hot
Gazebos ~,~nd greater than _8 than or equal to tubs and
Covered Patios feet in fence eight feet in associated
and unenclosed height fence height equipment
structures
Height (max) 15 feet 15 feet 8 feet 8 feet
Front Yard ! 5 feet Not allowed Not allowed Not allowed
Setback Not allowed
except for
Entry features
permitted by
Section
8.40.20.F.2.c
Side Yard 5 feet 5 feet 0 feet 3 feet *
Setback (!)
Street Side Yard 5 feet 5 feet 5 feet 3 feet *
Setback
Rear Yard 5 feet 5 feet 0 feet 3 feet *
Setback
· Measurec at waterline
8.40.20.F.2.j.1, Setback. ~is section, ~ described above, is proposed to be moved to the tables in
Section 8.40.20.F.2.h. ~e text would be ch~ged to allow pools, spas, hot tubs ~d their associated
equipment to be located anywhere within the side or rem yard meas for lots less th~ 5}000 squme
feet in size. Additionally, the setback woUld be 3 feet from the side Ymd prope~y line and 3 feet
from the re~ yard prope~y line for lots 5,000 square feet in size or l~ger for accessou structures
~der 8 feet in height.
Changes to Required Setbacks
· Section 8.36.050.B.3, Compensating Provision of Side Yard. The Zoning Ordinance presently
contains language allowing the compensating provision of a Rear Yard where a structure can intrude
into the Rear Yard Setback as long as the area-covered in the Rear Yard is compensated for by an
equal area left open in other portions of the lot such as the Side Yard. This flexibility allows homes
to be placed on irregularly shaped lots without negatively impacting the design of the homes. This
amendment would provide similar flexibility where a structure could intrude into a required Side
Yard if compensating area is left open in other portions of the lot.
Changes in Sign Regulations:
During the implementation of the Zoning Ordinance over the past 5 years, Staff has been made aware of
several requirements contained within the Sign Regulations that have proven difficult to interpret or
enforce due to lack of clarity or the advent of a new method of sign display, such as human held signs.
Included are the proposed changes to the Accessory Structure regulations:
· Section 8.84.020.MM, Temporary Promotional signs. The use of Temporary Promotional Signs is
proposed to be expanded from only advertising devices used solely for special promotional events to
include promotional needs such as "Now Hiring" or "Help Wanted" banners and other needs of a
similar nature as determined by the Director of Community Development.
· Section 8.84.040, Matrix B, Sign Development Regulations. This 'change would limit the size of
Banner Signs used as Temporary Promotional Signs to the dimensions of 30 inches by 24 feet. This
change would make the size of banner signs consistent with the dimensions of Wt~ll Signs.
· Section 8.84.050.T, Temporary Promotional Signs. A change is proposed to the Temporary
'Promotional Signs text of the Ordinance to limit the maximum size of Banner Signs used as
Temporary Promotional Signs to the dimensions of 30 inches by 24 feet.
· Section 8.84.150.L, Rotating, Moving signs. This section is proposed to be expanded to include
Human Held Signs for commercial advertising purposes in the category of prohibited rotating and
moving signs. This change would address signs that are held by persons and that are typically waived
or moved to attract the attention of the public, and can be distracting to drivers.
Changes to Parking Regulations:
Changes are proposed for clarification of parking regulations in the Zoning Ordinance related to living or
sleeping in vehicles, and the parking of unlicensed or inoperable vehicles, to facilitate enforcement of this
section of the Ordinance. Additionally, the section related to minimum parking dimensions is proposed
to be revised to allow a reduced back-up distance dimension in certain cases to reduce the amount of
imperious coverage on a site and allow flexibility in the design of parking areas.
· Section 8.76.060E.8.b, Living or sleeping in a vehicle parked or stored on a lot. This section is
proposed to be re-designated to give it its own heading separate from recreational vehicles parking in
residential areas as it applies City-wide, and not just in residential areas.
· Section 8.76.060.F, Parking of unlicensed or inoperable ("Non-Op") vehicles prohibited.
Language referencing where on a residential lot "Non-Op" vehicles may not be parked is proposed to
be deleted because this section prohibits parking or storing of these vehicles in any zoning district,
not just in residential zoning districts. This change would also allow the City to restrict vehicle
6
storage in back yards that has been a problem. The change stating that "Non-Op" vehicles are not
considered to be registered vehicles for the purposes of the Ordinance would address situations where
individuals with "Non-Op" registrations from the DMV are parking their vehicles long term in
locations visible to the public.
· Section 8.76.070.A.7.e, Minimum parking dimensions. The back-up distance for vehicles in right-
angle parking spaces is proposed to be reduced from 26 feet to 24 feet. The 24-foot dimension is the
standard for most cities and counties. The change would save space in developments, provide more
area for parking, and also reduce storm water run-off by reducing the amount of impervious surfaces.
The change would allow theDirector of Public Works flexibility to require larger back up distances
where needed.
Additional Changes
· Section 8.36.060.C.3, Enclosure of equipment required. The amendment provides clarification
related to lots less than 5,000 square foot lot and lots greater than 5,000. The less than 5,000 square'
foot lot category would require swimming pool, spa and air conditioning equipment at any location
on the property to be enclosed as necessary to reduce noise at the property line to 50 dBA at all times.
This change is proposed because spas in very small back yards could be sources of irritating levels of
noise for neighbors. The 5,000+ lot category is not substantially changed. The only modifications
related to that category are to the title and a change in the structure of the sentence.
· Section 8.104.100, Waiver. The Ordinance currently permits the Director of Community
Development or his/her designee to waive provisions of an approved Site Development if it is a
"minor change". A minor change is currently determined by the Ordinance to be:
1. The physical eXPansion of a structure by no more than 1,000 square feet.
2. The exterior modification of no more than 100 square feet of surface area of an existing
structure.
Approved Site Development Reviews often are not sufficiently detailed and do not anticipate
design detail changes that are required during construction. The Site Development Review Waiver
process is intended to provide flexibility during construction when minor necessary changes are
required. The Ordinance defines "minor change" so strictly that Staff is often unable to allow
minor changes to be made where they do not meet the rigid dimensional requirements of the
Ordinance. The Developer is often required to file an application for a new Site Development
Review with associated costs and delays of over a month. These costs and delays can potentially
make projects financially infeasible. 'It is proposed that the language be modified to delete the
rigid dimensional requirements and permit the Director of Community Development or hi.s/her
designee to interpret when a "minor change" is appropriate using his/her best professional
judgment.
Planning Commission Action: On August 27, 2002, the Planning Commission adopted a Resolution
(No. 02-33, Attachment 4) recommending that the City Council adopt the ordinance to amend the Dublin
Municipal Code as proposed in Attachment 1. The Planning Commission agenda report is contained in
Attachment 2 and the Planning Commission Resolution is attached as Attachment 3.
ENVIRONMENTAL REVIEW
On August 18, 1997, the City Council adopted Resolution 103-97 finding that the Comprehensive
Revision to the Zoning Ordinance, including Chapter 8.08, Definitions; Chapter 8.12, Zoning Districts
7
and Permitted Use Of Land; Chapter 8.36, Development Regulations; Chapter 8.40, Accessory Structures
And Uses Regulations; Chapter 8.64, Home Occupations Regulations; Chapter 8.76, Off-Street Parking
And Loading Regulations; Chapter 8.84, Sign Regulations; Chapter 8.104, Site Development Review
Regulations; Chapter 8.108, Temporary Use Permit Regulations; and, Chapter 8.144, Enforcement
Regulations, is exempt from the California Environmental Quality Act (CEQA). Various changes to the
Municipal Code listed above would also not create environmental impacts. These changes are also
exempt from CEQA because it can be seen with certainty that there is no possibility that such
amendments would have a significant effect on the environment (CEQA Guidelines, Section
15061(b)(3)).
RECOMMENDATION
Staff recommends that the City Council: 1) open the 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 the Dublin Municipal Code.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CHAPTER 8.08, DEFINITIONS; CHAPTER 8.12, ZONING DISTRICTS AND
PERMITTED USE OF LAND; CHAPTER 8.36, DEVELOPMENT REGULATIONS; CHAPTER
8.40, ACCESSORY STRUCTURES AND USES REGULATIONS; CHAPTER 8.64, HOME
OCCUPATIONS REGULATIONS; CHAPTER 8.76, OFF-STREET PARKING AND LOADING
REGULATIONS; CHAPTER 8.84, SIGN REGULATIONS; CHAPTER 8.104, SITE
DEVELOPMENT REVIEW REGULATIONS; CHAPTER 8.108, TEMPORARY USE PERMIT
REGULATIONS; AND, CHAPTER 8.144, ENFORCEMENT REGULATIONS, OF THE
MUNICIPAL CODE (ZONING ORDINANCE)
PA 02-040
WHEREAS, the City of Dublin has determined that the Definitions of the Dublin Municipal
Code (Chapter 8.08), Zoning Districts and Permitted Use Of Land of the Dublin Municipal Code
(Chapter 8.12); Development Regulations of the Dublin Municipal Code (Chapter 8.36); the Accessory
Structures and Uses Regulations of the Dublin Municipal Code (Chapter 8.40); Home Occupations
Regulations of the Dublin Municipal Code (Chapter 8.64); Off-Street Parking And Loading
Regulations of the Dublin Municipal Code (Chapter 8.76); Sign Regulations of the Dublin Municipal
Code (Chapter 8.84); Site Development Review Regulations of the Dublin Municipal Code (Chapter
8.104); the Temporary Use Permit Regulations of the Dublin Municipal Code (Chapter 8.108); and, the
Enforcement Regulations of the Dublin Municipal Code (Chapter 8.144), must be revised to more
effectively regulate development within the City; and
WHEREAS, On August 18, 1997, the City Council adopted Resolution 103-97 finding that the
Comprehensive Revision to the Zoning Ordinance, including Chapter 8.08, Definitions; Chapter 8.12,
Zoning Districts and Permitted Use Of Land; Chapter 8.36, Development Regulations; Chapter 8.40,
Accessory Structures And Uses Regulations; Chapter 8.64, Home Occupations Regulations; Chapter 8.76,
Off-Street Parking And Loading Regulations; Chapter 8.84, Sign Regulations; Chapter 8.104, Site
Development Review Regulations; Chapter 8.108, Temporary Use Permit Regulations; and, Chapter
8.144, Enforcement Regulations, is exempt from the California Environmental Quality Act (CEQA).
Various changes to the Municipal Code listed above would also not create environmental impacts. These
changes are also exempt from CEQA because it can be seen with certainty that there is no possibility that
such amendments would have a significant effect on the environment (CEQA Guidelines, Section
15061(b)(3)); and
WHEREAS, the Planning Commission did hold a properly noticed pubic hearing on this project
on August 27, 2002, and did adopt Resolution 02-33 recommending that the City Council approve
amendments to Title 8 (Zoning Ordinance) of the Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council on September 17,
2002; and
WHEREAS, a Staff Report was submitted recommending that the City Council approve the
Ordinance Amendment; and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council
finds that the Ordinance Amendment is consistent with the Dublin General Plan; and
ATTACHMENT 1
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.
Section 8.08.020, Accessory Structure, of the Dublin Municipal Code is amended to read as follows:
"Accessory Structure, The term Accessory Structure shall mean a detached structure or building
accessory and subordinate to a lawfully established Principal Structure on the same lot, and such
other accessory structures, as determined by the Director of Community Development, which are
necessarily and customarily associated with, and are appropriate, incidental, and subordinate to,
such lawfully established Principal Structure and which does not change the character of the
Principal Structure."
Section 2.
Section 8.08.020, Fireworks Sales (use type), of the Dublin Municipal Code is amended to read as
follows:
"Fireworks Sales (use type). The term Fireworks 'Sales shall mean the temporary sale of
fireworks as regulated by the Fire Marshall."
Section 3.
Section 8.12.050, Permitted and Conditionally Permitted Land Uses, of the Dublin MUnicipal Code is
amended to read as follows:
"COMMERCIAL USE TYPES
COMMERCIAL USE TYPE A R-1 R-2 R-3 R-4 C-O C-N C-1 C-2 M-P M-1 M-2
Eating and Drinking - C/ZA C/ZA P P -"
Establishment C/ZA C/ZA
Section 4.
Section 8.36.050.B.3, Compensating Provision of Side Yard, is added to the Dublin Municipal Code as
follows:
"3. Compensating Provision of Side Yard. Notwithstanding the yard requirements of this
Ordinance, a Side Yard may have a depth of not less than 5 feet if that portion of the Side
Yard that is covered by a structure is compensated for by open areas within the same or
adjacent yards on the same parcel that exceed Side and Rear Yard requirements by an area
at least equal to the extent of the building coverage of the Side Yard."
Section 5.
2
Section 8.36.060,C.3, Enclosure of equipment required, of the Dublin Municipal Code is amended to
read as follows:
"3. Enclosure of equipment required.
For lots less than 5,000 square feet in size, mechanical equipment that generates noise
(such as swimming pool, spa and air conditioning equipment) on the property shall be
enclosed as necessary to reduce noise at thc property line to a maximum of 50 dBA at any
time.
For lots 5000 square feet in size or larger, mechanical equipment that generates noise (such
as swimming pool, spa and air conditioning equipment) w3~Zhen located within a required
setback as allowed by this subsection, and within 10 feet of an existing or Potential
residence, or an existing paved patio area on adjoining property, mecho~iea! equ'.'?ment
· h~, ...... , .... ~o~ r .... h oo sw:mm:ng ~"-'-~ -,,--~ ...... ~,, .......... ; .... *~ shall be
enclosed as necessary to reduce noise at the property line to a maximum of 50 dBA at any
time."
Section 6.
Section 8.36.100.A, Applicability of coverage regulations, of the Dublin Municipal Code is amended to
read as follows:
"A. Applicability of coverage regulations. Maximum lot coverage regUlations are intended to
establish the maximum lot area that w?~ch may be covered with buildings and structures.
Buildings and structures include all land covered by principal buildings, garages and
carports, accessory structures (with the exception of one 120 square foot accessory
structure, permitted on lots less than 5,000 square feet in size, which shall be exempt from
the coverage regulations), covered decks and gazebos, and other enclosed and covered
areas; but not standard roof overhangs, cornices, eaves, uncovered decks, swimming pools,
paved areas such as walkways, driveways, patios, uncovered parking areas or roads."
Section 7.
Section 8.40.020.C.4, Inhabitable space, of the Dublin Municipal Code is amended to read as follows:
"4. Inhabitable space. Accessory structures, with the exception of Guesthouses and Second
Units, shall not be constructed so as to provide year-round inhabitable space."
Section 8.
Section 8.40.020.C.8, Separation of detached accessory structure from other structures on the same
lot, of the Dublin Municipal Code is amended to read as follows:
"8. Separation of detached accessory structure from other structures on the same lot. Ne
s°~me !et The distance of a detached accessou struct~e from ~y other s~cture on ~e
sine lot shall be as dete~ined by the Unifo~ Building Code."
3
Section 9.
Section 8.40.20.F.l.a, Adjacent a fence or wall, of the Dublin Municipal Code is hereby deleted.
Section 10.
Section 8.40.20.F.l.e, Maximum square footage of detached accessory structures (excluding
swimming pools) on a lot, of the Dublin Municipal Code is amended to read as follows:
"e. Maximum square footage of detached accessory structures (excluding swimming
pools) on a lot.
For lots less than 5,000 square feet in size, one accessory structure in the Rear Yard with
maximum of 120 square feet shall be exempt from the Coverage Requirements.
For lots 5,000 square feet in size or larger, tZghe combined maximum square footage of all
accessory structures on a lot such as a detached accessory garage, workshop, studio, or
office shall notexceed 1,000 square feet unless a larger size is approved by the Zoning
Administrator by means of a Conditional Use Permit."
Section 11.
Section 8.40.20.F.2.h, Heights and Setbacks, of the Dublin Municipal Code is' amended to read as
follows:
"h. Heights and Setbacks. Heights and setbaCks for detached shade structures, gazebos,
covered patios and enclosed structures are as follows:
For lots less than 5,000 square feet in size.
Shade Enclosed Enclosed Swimming
Structures, Structure Structure less pools, spas, hot
Gazebos, greater than 8 than or equal to tubs and
Covered Patios feet in height 8 feet in height associated
and equipment
Unenclosed
Structures
Height (max) 10 feet 10 feet 8 feet 8 feet
Front Yard Not allowed Not allowed Not allowed Not allowed
Setback except for
Entry features
permitted by
Section
8.40.20.F.2.c
Side Yard 3 feet 3 feet 0 feet 0 feet
Setback
4
Street Side Yard 3 feet 3 feet 3 feet 0 feet
Setback
Rear Yard 3 feet 3 feet 0 feet 0 feet
Setback
For lots 5,000 square feet in size or larger.
: Shade Enclosed Enclosed Swimming
Structures, Structure Structure less pools, spas, hot
Gazebos o~d greater than _8 than or equal to tubs and
Covered Patios feet in fence eight feet in associated
and unenclosed height fence height equipment
structures
Height (max) 15 feet 15 feet 8 feet 8 feet
Front Yard ! 5 feet Not allowed Not allowed Not allowed
Setback Not allowed
except for
Entry. features
permitted by
Section
8.40.20.F.2.c
Side Yard 5 feet 5 feet 0 feet 3 feet *
Setback (4)
~'*'" ' "'+' '"":" f-rom
Street Side Yard 5 feet 5 feet 5 feet 3 feet *
Setback
Rear Yard 5 feet 5 feet 0 feet 3 feet *
Setback
°{"'"'* .... from
* Measured at waterline
Section 12.
5
Section 8.40.20.F.2.j.1, Setbacks, of the Dublin Municipal Code is hereby deleted.
Section 13.
Section 8.64.030.E, Company Vehicle, of the Dublin Municipal Code is amended to read as follows:
"E. Company Vehicle. One company vehicle (a truck, van, or automobile only) no larger than
3/4 ton in capacity (whether or not marked with a company name or logo) may be parked
in a residential zoning district and used by the occupant directly or indirectly in connection
with a Home Occupation."
Section 14.
Section 8.76.060E.7, Parking within a designated parking space, of the Dublin Municipal Code is
amended to read as follows:
"Section 8.76.060.TF.Parking within a designated parking space. All vehicles shall be parked
within the confines of parking spaces as striped on the ground and as shown on an approved Off-
Street Parking and Loading Plan."
Section 15.
Section 8.76.060E.8, Prohibited parking, of the Dublin Municipal Code is hereby deleted.
Section 16.
Section 8.76.060.E.8.a, Living or sleeping in vehicle parked upon any public right-of-way, of the
Dublin Municipal Code is amended to read as follows:
"aG. Living or sleeping in vehicle parked upon any public right-of-way. At no time shall a
motorhome, recreational vehicle, mobilehome or similar vehicle as determined by the
Director of Community Development, parked upon any public right-of-way in any zoning
district be occupied for living or sleeping purposes."
Section 17.
Section 8.76.060E.8.b, Living or sleeping in a vehicle parked or stored on a lot, of the Dublin
Municipal Code is amended to read as follows:
"bH. Living or sleeping in vehicle parked or stored on a lot. At no time shall a motorhome,
recreational vehicle, utility trailer, mounted or un-mounted camper top, boat or other similar
vehicle as determined by the Director of Community Development parked or stored on a lot be
occupied for living, sleeping, or any other purposes except as permitted by a Temporary Use
Permit or adjacent to a fireworks sales booth or as legally allowed in a bonafide trailer park,
mobilehome park, or recreation, al vehicle park."
Section 18.
Section 8.76.060.F. Parking of unlicensed or inoperable ("Non-Op") vehicles prohibited, of the
Dublin MuniciPal Code is amended to read as followS:
"Section 8.76.060.t~I, Parking of ualic-ensed unregistered or inoperable ("Non-Op") vehicles
prohibited. No 'm~icense~ unregistered or inoperable vehiCle shall be parked or stOred in any
zoning district unless otherwise permitted by a Conditional Use Permit or if legitimately stored
while being actively repaired (not stored more than four weeks) by a permitted repair facility (non-
residential, zoning districts only) ;- a frent setback, area in ~cnt cf a res'~dence er principal
Vehicles registered with the Department of Motor Vehicles as "Non-Op" are not considered to be
registered vehicles for the purpose of this Ordinance."
Section 19.
Section 8.76.070.A.7.e, Minimum parking dimensions, of the Dublin Municipal Code is amended to
read as follows:
"e. Minimum parking dimensions. Minimum parking dimensions in feet shall be as
indicated in the following table as illuStrated by Figure 76-1
Table 76-1
A (in B X C D E F A B X C D E F
degrees)
90 C 8.0 17.0 17.0 26.0 8.0 60.0 45 8.0 17.0 17.7 16.0 11. 51.4
24.0* C 3
90F 9.0 20.0 20.0 26.0 9.0 66.0 45 9.0 20.0 20.5 16.0 12. 57.0
24,0* F 7
80C 8.0 17.0 18.1 26.0 8.1 62.2 30 8.0 17.0 15.4 16.0 16. 46.8
24.0* C 0
80F 9.0 20.0 21.3 26.0 9.1 68.6 30 9.0 20.0 17.8 16.0 18. 51.6
24.0* F 0
70C 8.0 17.0 18.7 20.0 8.5 57.4 20 8.0 17.0 13.3 16.0 23. 42.6
C 4
70F 9.0 20.0 21.9 20.0 9.6 63.8 20 9.0 20.0 15.3 16.0 26, 46.6
F 3
60C 8.0 17.0 18.7 19.0 9.2 56.4 0C 8.0 17.0 0.0 20.0 23. 20.0
0
60F 9.0 20.0 21.8 19.0 10.4 62.6 0F 9.0 20.0 0.0 20.0 23. 20.0
0
C = Compact Space, F = Full Sized Space
* The Director of Public Works may require a larger back-up distance where sight distances are
inadequate and for multi-family residential developments."
Section 20.
7
Section 8.84.020.MM, Temporary Promotional signs, of the Dublin Municipal Code is amended to
read as follows:
"MM. Temporary Promotional Signs. The term Temporary Promotional Signs shall mean
temporary banners, flags, balloons as regulated in section 8.84.050(T), searchlights and similar
advertising devices when used en!y for special promotional events or promotional needs such
as "Now Hiring" or "Help Wanted" banners and other needs of a similar nature as determined
by the Director of Community Development."
Section 21.
Section 8.84.040: Matrix B, Sign Development Regulations, Temporary Promotional, of the Dublin
Municipal Code is amended to read as follows:
Temporary Per Zoning Per Zoning Per Zoning Per Zoning Maximum of
Promotional Clearance. Clearance. Clearance. which business Clearance. 15~consecutive
Sec. 8.84.050.S Banner signs is located, calendar days
shall not be per permit; 30
larger than 30 consecutive
inches by 24 calendar day
feet. waiting period
between
permits."
Section 22.
Section 8.84.050.T: Temporary Promotional Signs, of the Dublin Municipal Code is amended to read
as follows:
· "T. Temporary Promotional Signs. Temporary Promotional Signs permitted pursuant to a
Zoning Clearance may be placed on site for a maximum of fifteen (15) consecutive calendar
days per permit when used for special promotional events or needs. A minimum waiting
period of thirty (30) consecutive calendar days between permits is required, with the exception
of balloons as defined herein. A Banner Sign shall not be larger than 30 inches by 24 feet in
size. Any tethered or un-tethered balloon of greater than 15 inches in diameter shall be
permitted only as a temporary promotional sign and subject to a permit. All balloons shall be
tethered to the ground only with the bottom of the balloon on the ground and shall not be
permitted to be attached to any structure or vehicle. No permit(s) singularly or cumulative
shall be issued that allows any temporary promotional signs that include balloons for more
than 21 days per calendar year. Zoning clearance(s) may be issued for periods less than 15
days."
Section 23.
8
Section 8.84.150~L, Rotating, Moving Signs, of the Dublin Municipal Code is amended to read as
fOllows:
"L. Rotating, Moving and Human Held Signs. Any sign which that rotates, moves, o~ contains
moving parts, o~ depicts animation in any manner, or any sign that is held by a human being in
any manner for a commercial purpose, including but not limited to advertiSing a product, real
property, or service."
Section 24.
Section 8.104.100, Waiver, of the Dublin Municipal Code is amended to read as follows:
"8.104.100 Waiver. The Community Development Director or his/her designee sba!!
~dete---mine may allow a minor physical change to an approved Site Development
Review as a Waiver upon determineding that a Site Development Review Waiver is
in substantial conformance with the Site Development Review if it, is a minor
project,.~° ~-w~ ~ .... ~r,~ ,,~..~ .... .., is Categorically Exempt from the California
Environmental Quality Act, and is consistent with the conditions of approval for
the Site Development Review. It is not the intent of this Chapter that a series of
Site Development Review Waivers be used to circumvent the need for a new Site
Development Review. ^
Section 25.
Section 8.108.020.F, Fireworks Sales, of the Dublin Municipal Code is hereby deleted.
Section 26.
Section 8.144.070; Criminal Remedies, of the Dublin Municipal Code is amended to read as follows:
"8.144.070 Remedies.
B. Criminal Remedies. Any person, firm or corporation guilty of an infraction under the provisions
of Title 8 shall be punishable upon a first cenv'.'ctien infraction of a fine of not more than $100.00,
and for a second cznv'~ctien infraction within a period of one year by a fine of not more than
$200.00, and for a third or any subsequent cenvictien infraction within a one-year period by a fine
of not more than $500.00. Any violation beyond the third cen;'iction infraction within a one-year
period may be charged as a misdemeanor and the penalty for conviction of the same shall be
subject to fine or imprisonment or both not to exceed the limits set forth in California Penal Code
Section 19."
Section 27. Conforming Amendments. Chapters 8.08, 8.12~ 8.36, 8.40, 8.64, 8.76, 8.84, 8.104, and
8.108 of the Dublin Municipal Code shall be re-numbered and/or re-lettered as necessary to accommodate
9
and/or reflect the foregoing amendments.
Section 28. 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 29. 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
California."
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this 17th day of
2002, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
Attest:
City Clerk
g:pa02040\CC-ord.doc
l0
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: August 27, 2002
SUBJECT: PA 02-040 City of Dublin, Zoning Ordinance Amendment-
~,.ndm.ent.~Io_.xario.us_Chapters...~f the_D_ublia_MunicipaLC.ode.(Zoning ...................
Ordinance) including Chapter 8.08, Definitions; Chapter 8.12, Zoning
Districts and Permitted Use Of Land; Chapter 8.36, Development
Regulations; Chapter 8.40, Accessory Structures And Uses Regulations;
Chapter 8.64, Home Occupations Regulations; Chapter 8.76, Off-Street
Parking And Loading Regulations; Chapter 8.84, Sign Regulations; Chapter
8.104, Site Development Review Regulations; Chapter 8.108, Temporary
Use Permit Regulations; and, Chapter 8.144, Enforcement Regulations.
Prepared by Dennis Carrington, Consultant & Janet Harbin, Senior Planner
ATTACHMENTS: 1. Resolution recommending the City Council adopt the ordinance
amending the Dublin.Municipal Code. {Zoning Ordinance),
2. Ordinance amending the Dublin Municipal Code (Exhibit A).
RECOMMENDATION: 1. Open Public Hearing and receive Staff presentation.
2. Take testimony from the Applicant and the Public.
3. Question Staff, Applicant and the Public.
4. Close Public Hea~ng and deliberate.
5. Adopt resolution (Attachment 1) recommending the City Council
adOpt the Ordinance (Attachment 2) to amend the Dublin Municipal
Code.
PROJECT DESCRIPTION:
On Septembe?'2, 1997, the City Council adopted a comprehensive revision of the Dublin Zoning
Ordinance. Implementation of the Zoning Ordinance during the past five years has revealed several areas
where the Ordinance requ/res clarification, improvement, and further revision to conform to changes in
related municipal codes and State law. Staff:is recommending several amendments to varioUs chapters of
the Zoning Ordinance (See attached Ordinance, Attachment 2) as follows:
Zoning Ordinance Amendments
1. Section 8~08.020, Accessory Structure. This section defines the term Accessory Structure. The
proposed'amendment would add the words "as determined by the-Director of Commtmity
Development" to provide clarity as to who the decision maker is regarding which accessory
structures are necessarily and customarily associated with, and are appropriate, incidental, and
subordinate to, the lawfully established Principal Structure.
2. Section 8.08.020, Fireworks Sales (use type). The added language "as regulated by the Fire
MarShall" makes clear which official regulates fireworks sales.
COPIES TO: In House Distribution
Project Manager
ITEMNO. ~7, /
g:paO2040/pcsr
_.. TI C HENT
3. Section 8.12.050, Perm_.~ed and Conditionally Permitted LaL Uses. The Zoning Ordinance
presently allows cafeterias, delicatessens and food vending of less than 1,000 square feet as
Commercial and Industrial Accessory Uses. Although other eating and drinking places are
permitted in commercial zoning districts, they are not allowed in any industrial zoning district.
The City has received several requests in the past to allow eating and drinking places larger than
I';'0'00--g~fi'~-f~'~[" (~ii~h-"if§'~ ~'//f'fe-~" IffS~i~§~yifi "M: 1~ ' L i'~fiYI~/Ih-~/-n~F-~8" i~~p~-if~-d-ff~-~H'~''~i~
zoning districts to serve the surrounding industrial uses, their employees, and their clients. To
permit this type of use in a space greater than 1,000 square feet, the Land Use Matrix has been
revised to allow eating and drinking places as conditional uses subject to Zoning Administrator
review and approval under Commercial Type Uses. The review and approval by the Zoning
Administrator would make these businesses subject to a discretionary permit in industrially zoned
4. Section 8.36.050.B.3, Compensating Provision of Side Yard. The Zoning Ordinance presently
contains language allowing the compensating provision of a Rear Yard where a structure can
intrude into the Rear Yard Setback as long as the area covered in the Rear Yard is compensated for
by an equal ar~'~"'i~'~'~'i'~ ~r"P'~i'~s"~f'the~ ia"~i~ as ~e' g'ia~"Y'a~d~ "Tii~' flexibility allows
homes to be placed on irregularly shaped lots without negatively impacting the design of the
homes. This amendment would provide similar flexibility where a structure could intrude into a
required Side Yard if compensating area is left open in other portions of the lot.
5. Section 8.36.060.C.3, Enclosure of equipment required. The amendment provides clarification
related to lots less than 5,000 square foot 10t and lots greater than 5,000. The less than 5,000
square foot lot category would require swimming pool, spa and air conditioning equipment at any
location on the property to be enclosed as necessary to reduce noise at the property line to 50 dBA
at all times. This change is proposed because spas in very small back yards could be sources of
irritating levels of noise for neighbors. The 5,000+ lot category is not substantially changed. The
only modifications related to that category are to the title and a change in the structure of the'
sentence.
6. Section 8.36.100.A, Applicability of coverage regulations. The 0nly modification, other than a
grammatical correction, is the addition of a provision 'allowing one 120 square foot building on
lots less than 5,000 square feet in size to be exempted from the coverage regulations. This will
allow owners of homes with small back yards to have at least one small accessory structure such
as a shed.
7. Section 8.40.020.C.4, Inhabitable space. The existing language exempts Guesthouses from the
reqUirement that accessory structures may not provide year,round habitable space. The change to
this section would add Second Units to this exemption.
8. Section 8.40.020.C.8, Separation of detached accessory structure from other structures on
the same lot. The existing language reflects the 1997 Uniform Building Code (UBC) separation
requirement of 6 feet between detached accessory structures and other structures on the same lot.
The UBC has subsequently been changed to require a lesser separation of 3 feet between
structures. The modification related to the separation between structures would be language
generally stating that the separation is per the requirements of the UBC. This will avoid having to
revise the Ordinance every time this portion of the UBC is modified.
9. Section 8.40.20.F.l.a, Adjacent a fence or wall. It is proposed to delete Section 8.40.20.F.l.a,
2
Adjacent a fence or wm,, and include it (with a modification) in'~..~ revised tables in Section
8.40.20.F.2.h. The existing language addresses how visible accessory structures would be over a
fence or wall. Currently, any accessory structure within 6 feet of a fence or' wall may not be taller
than 8 feet. Where the setback is greater than 6 feet, an accessory structure can be up to 15 feet in
height.
The proposed modification would decrease the setback distance from 6 feet to 5 feet for an
accessory structure up to a maximum height of 15 feet. This change Will bring the dimensions into
conformity with the other tables in Section 8.40.20.F.1 .a. and is applicable .to lots 5,000 square
feet or larger. For the new category pertaining to lots less than 5,000 square feet, the maximum
height for an accessory structure is 10 feet with a minimal 3-foot setback. The shorter maximum
height is based on the premise that these lots are smaller and there is less distance between
structures on the lots. An accessory structure at 15 feet in height on a small tot would seem more
visually intrusive to neighboring property owners than one at 10 feet in height.
A change is also proposed..~n.th!~ s.~c~ior~ of.~?pr~I!pan~e t~at ~he.s.etb. a.ck ..distance be measured
from a side lot line or rear lot line rather than a fence or wall, which could conceivably not be
located on a lot line but rather somewhere inside the lot.
10. Section 8.40.20.F.l.e, Maximum. square footage of detached accessory structures (excluding
swimming pools) on a lot. The existing language limits the total combined square footage of a
detached garage, workshop, studio or office to !,000 square feet. This language should be revised
to clarify that these types of accessory structures are given as examples, and' that the total of 1,000
square feet is for all- accessory structures on the lot. Two changes, are proposed: 1) language would
be added for lots less than 5~0.00 square feet in size to allow one accessory structure in the Rear
Yard with a maximum of 120 square'feet to be exempted from the coverage requirements of the
Ordinance. Small lots could then have a small storage structure in the backyard, but may not be
able to have additional accessory structures because the 30.0./o maximum coverage requirement
could not be met; and, 2) for lots 5,000 square feet and larger, the combined square footage
limitation of 1,000 square feet is for ail_ accessory structures such as a detached accessory garage,
workshop, studio or office.
11. Section 8,40.20,.F..2.h, Heights and Setbacks. The existing accessory structure setback charts are
inconsistent and unclear. Modifications 'are proposed related to lots less than 5,0'00 square feet and
also those over 5,000 square feet. The smaller lots will have smaller setbacks to preserve useable
lot space. Setbacks for swimming pools, spas, hot tubs and their associated equipment are
proposed to be moved from Section 8.40,20.F.2.j:. 1, Setbacks, to this table. Changes are proposed
to the setbacks for swimming.pools, spas~ hot mbs and their, associated equipment. Currently, spas
and swimming pools must now be 6 feet from the principal residence and .5 feet'from the side
property line or rear property tine. The 'smaller lots in Eastern Dublin often have rear yards only
10 to 15 feet deep. Homebuyers in this area are often'unable to have spas in their back yards under
the current regulations. Changes are proposed for lots under 5,000 square feet to allow spas and
pools, and any accessory structure under 8 feet in height to be located within the Side Yard and
Street Side Yard setback areas established by the zoning district, and also in the required .Rear
Yard setback area without setback restrictions. Changes are proposed for lots over 5,000 square
.feet to allow swimming pools, spas, hot tubs and their associated equipment to be located within 3
feet of the side and rear property.line. Together with a change to allow accessory structures to be 3
feet from the principal residence per the UBC, listed earlier, these changes would allow for a spa ·
and gazebo in many instances where they are not currently permitted.
3
12. 8.40.20.F.2.j.l., Setbacks. This section, as described above, is proposed to be moved to the tables
in Section 8.40.20.F.2.h. The text would be changed to allow pools, spas, hot tubs and their
associated equipment to be located within the Side Yard setback area and also within the Rear
Yard setback area established by the zoning district for lots less than 5,000 square feet in size. The
.............................. -~b~/~ i(' ~$ii1~"15~":3' ' fe-6~ "fr-6'~"ihe' ~S-id~'~'Y ~d "S~lS~k-~[-3-'f~-ff6i,Z-th-~-K~"Y~t~-~b-~/~k' ii~"' I6~ ...................... 5,000 square feet in size or larger for accessory structures under 8 feet in height.
13. Section 8.64.030.E, Company Vehicle. This change clarifies that "% ton" refers to the weight
capacity of the vehicle, not the vehicle itself.
I4. Section 8.76.060E.7, Parking within a designated parking space. This section is proposed to
be re-designated to give it its own heading and separated from the language referencing
recreational vehicle parking in residential areas as it applies to ail vehicles and not just recreational
vehicles.
15. Section 8.76.060E.8, Prohibited parking. The two categories under this heading are being given
titles of their own and this heading is, therefore, not necessary.
16. Section 8.76.060.E.8.a, Living or sleeping in vehicle parked upon any public right-of-way.
This section is proposed to be re-designated to give it its own heading separate from recreational
vehicles parking in residential areas as it applies City-wide, and not just in residential areas.
17. Section 8,76.060E.8.b, Living or sleeping in a vehicle parked or stored on a lot. This section
is proposed to be re-designated ~o give it its own heading separate from recreational vehicles
parking in residential areas as it applies City-wide, and not just in residential areas.
18. Section 8.76.060.F, Parking of unlicensed or inoperable ("Non-OP??) vehicles prohibited.
Language referencing where on a residential itt "Non-Op" vehicles may not be parked is proposed
to be deleted because this section prohibits parking, or stohng of these vehicles in any zoning
district, not just in residential zoning districts. This change would also allow the City to restrict
vehicle storage in back yards that has been a problem. The change stating that "Non-Op" vehicles
are nor considered to be registered vehicles for the purposes of the Ordinance would address
situations Where individuals with '.'Nort-Op".registrations from the DMV are parking their vehicles
long mrm in locations visible to the public.
19. Section 8.76.070.A,7,e, Minimum parking.dimensions. The back,up distance for vehicles in
right-angle parking spaces is proposed to be reduced from 26 feet to 24 feet. The 24-foot
dimension is the standard for .most cities and counties. The change would save space in
developments, provide more area for parking, and also reduce storm water 'run-off by reducing the
amount of impervious surfaces. The change would allow the Director 'of Public Works flexibility
to require larger back up distances where needed.
20. Section 8,84.020.'MM, Temporary Promotional signs. The use of Temporary Promotional
Signs is proposed to be expanded from only advertising devices used solely for special
promotional events to include promotional needs such as "Now Hiring" or "Help Wanted" banners
and other needs of a similar nature as determined by the Director of Community Development.
21. Section 8.84.040, Matrix B, Sign DeveloPment Regulations. This change would limit the size
4
of Banner Signs used ~-~ ~ emporary Promotional Signs to the di~_.asions of 30 inches by 24 fee~:'
This change would make the size of banner signs consistent with the dimensions of Wall Signs.
22. Section 8.84.050.T, Temporary Promotional Signs. A change is proposed to the Temporary
Promotional Signs text of the Ordinance to limit the maximum size of Banner Signs used as
............................... T~i56~-p-~6~iS~i6-h~.' Si'~' '~6'~'~'~ii5~i4'§i'i5~-i5i~-3-0-iii~h~"15~2-4"" efe-~.
23. Section 8.84.150.L, Rotating, Moving Signs. This section is proposed to be expanded to include
Human Held Signs for commercial advertising purposes in the category of prohibited rotating and
moving signs. This change would address signs that are held-by persons and that are typically
waived or moved to attract the attention of the public, and can be distracting to drivers.
24. Section 8.104.100, Waiver. The Ordinance currently permits the Director of Community
Development or his/her designee to waive provisions of an approved Site Development if it is a
"minor change". A minor change is currently determined by the Ordinance to be:
1. "The physi;ai 'exPansi0ii 0f a' sm~ture by no mor~'thaii"i;o'oo"~q~e'f~ee~ ..........
2. The exterior modification of no more than 100 square feet of surface area of an existing
structure.
Approved Site Development Reviews often are not sufficiently detailed and do not anticipate
design detail changes that are required during construction. The Site Development Review Waiver
process is intended to provide flexibility during construction when minor necessary changes are
required. The Ordinance defines "minor change" so strictly that Staff is often unable to allow
minor changes to be made where they do not meet the rigid dimensional requirements of the
Ordinance. The Developer is often required to file an application for a new Site Development
Re-ciew with associated costs and delays of over a month. These costs and delays can potentially
make projects financially infeasible. It is proposed that the language be modified to delete the
rigid dimensional requirements and permit the Director of Community Development or his/her
designee to interpret when a "minor change" is appropriate using his/her best professional
judgment.
24, Section 8.108.020.F, Fireworks Sales. The Ordinance currently shows Fireworks Sales as being
permitted by a Temporary Use Permit. The Fire Marshall regulates Fireworks Sales and therefore
the language regarding a Temporary Use Permit should be deleted..
25. Section 8.144.070, Criminal Remedies. The Enforcement chapter of the Ordinance currently
allows the City to fine any person, firm or corporation guilty of an infraction upon a first
conviction, second conviction and for a third or any subsequent conviction. This language is not
consistent with Section 36900(a) of the Government Code that permits a jurisdiction to require a
fine for each violation determined to be an infraction. It is proposed that the word "infraction" be
substituted for the word "conviction" to bring the Ordinance into consistency with state law.
ENVIRONMENTAL REVIEW
On August 18, 1997, the City Council adopted Resolution 103-97 finding that the Comprehensive
Revision to the Zoning Ordinance, including Chapter 8.08, Definitions; Chapter 8.12, Zoning Districts
and Permitted Use Of Land; Chapter 8.36, Development Regulations; Chapter 8.40, Accessory StrUctures
5
And Uses Regulations; Chapter ~,.o4, Home Occupations Regulations; Ch~,ter 8.76, Off-Street Parking
And Loading Regulations; Chapter 8.84, Sign Regulations; Chapter 8.104, Site Development Review
Regulations; Chapter 8.108, Temporary Use Permit Regulations; and, Chapter 8.144, Enforcement
Regulations, is exempt from the California Environmental Quality Act (CEQA). Various changes to the
Municipal Code listed above would also not creme environmental impacts. These changes aref}!..s0.
ex~iSif'~fr6m CEQ;~ tS'~'~au~ 'ii~' can be ~en ~i~h'"~rfiiii/~'-hS~i'f th~f~--i§"fi6'p6~'§ibil-if~-flSiif-§[i~I5
amendments would have a significant effect on the environment (CEQA Guidelines, Section
t5061(b)(3)).
RECOMMENDATION
Staff recommends that the Plarming Commission: 1. Open the Public Hearing and receive Staff presentation.
2. Take testimony from the Applicant and the Public.
3. Question Staff, Applicant and the Public.
4. Close Public Hearing and deliberate.
5. Adopt resolution (Attachment 1) recommending that the City Council adopt the Ordinance
(Attachment 2) to amend the Dublin Municipal Code (Zoning Ordinance).
GENERAL INFORMATION
APPLICANT: City of Dublin
100 Civic Plaza
......................................... k Dub[in;.C~.-94568
LOCATION: Citywide
ASSESSOR PARCELS: Various
GENERAL PLAN/
SPECIFIC PLAN
DESIGNATION: Various
EXISTING ZONING
AND LAND USE: Various
7
A regular meeting of the City of Dublin Planning Commission was held on Tuesday, August 27, 2002, in the
Dublin Civic Center City Council Chambers. Chairperson Johnson called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Commissioners, Johnson, Musser, and Jennings; Jeri Ram, Plarming Manager; Janet Harbin, Senior
Planner; and Renuka Dhadwal, Recording Secretary.
Absent: Cm. Nassar & Cm. Fasulkey
PLEDGE OF ALLEGIANCE TO THE FLAG
Cm. Johnson led the Commission, Staff, and those pr6sent in the pledge of allegiance to the flag.
ADDITIONS OR REVISIONS TO THE AGENDA - None
Minutes of August 13, 2002 meeting were not approved due to lack of quorum.
ORAL COMMUNICATIONS - None
WRITTEN COMMUNICATIONS - None
PUBLIC HEARING
8.1 PA 02-040 Zoning Ordinance Amendment to Chapter 8.08, Definitions; Chapter 8.12,
Zoning Districts and Permitted Use of Land, Chapter 8.36; Development Regulations;
Chapter 8.40, Accessory Structures And Uses Regulations; Chapter 8.64, Home
OcCupations RegUlations; Chapter 8.76, Off-Street Parking And Loading RegUlations;
Chapter 8.84, Sign Regulations; Chapter 8.104, Site Development Review Regulations;
Chapter 8.108, Temporary Use Permit Regulations; and, Chapter 8,144, Enforcement
Regulations.
Cm. Johnson asked Staff to present the staff report according to subject matter rather than individually. Janet
Harbin, Senior Planner presented the staff report and gave a presentation describing each of the Chapters in
the Zoning Ordinance that are being amended.
®fanning Commission 16 ~ul]ust 27, 2002
q(etlu[ar ~4eeting
The amendments to Chapter 8.12 Zoning Districts and permitted Use of Land to allow eating & drinking
establishments in the M-1 & M-P districts, was welcomed by the Commissioners as a good change.
Cm. Johnson sought clarification on Chapter 8.36 enclosure of equipment. He wanted to know if someone
had a Spa which was a few years older with the heating equipment located in the side yard, would that be
required to be enclosed. Ms. Harbin responded that only the new proposed spas would be required to be
enclosed; the others would be grand fathered in.
Cm. Musser asked why the equipment in a larger lot would not be required to enclose. Ms. Harbin responded
that in a larger lot there would be greater setbacks. However, the noise level for a standard lot size is 50 dba
and, hence, equipment might be required to be enclosed in some instances. Ms. Ram stated that based on the
location of the equipment in a larger lot, the equipment would be enclosed due to the noise level regulation.
As Ms. Harbin explained the section on setback requirements, Cm. Jennings asked what are the ramifications
for lots with zero foot setbacks. Ms. Harbin explained that the homeowner could have an accessory structure,
spa or pool close to the property line. She then showed an example of a home in San Vicente Loop with a
· zero foot setback for an accessory structure (spa). Cm. Jennings expressed concerns regarding zero ft. lot lines
that they can cause some hazards. She asked Staff if there was any danger if a homeowner located a spa or an
accessory structure so close to the fence? Ms. Harbin responded that other than practical issues there were no
perceived dangers. Cm. Jermings asked for the Fire Marshall's comments. Ms. Harbin responded that the
Fire Marshall did not perceive any danger as long as the structure was within the 8 ft height requirement.
On the amendments to the section on Temporary and Promotional signs, Cm. Musser asked the reasoning for
adding the words "human held signs" to the section on rotating, moving signs. Ms. Ram responded that the
genesis for this amendment was that during a court hearing the Judge dismissed the City's citation due to the
ambiguity in the Zoning Ordinance regarding the description of hand held signs and, therefore, Staff has
addressed this issue by including the words "human held signs".
Cm. Musser had some concerns regarding the amendments to the company vehicles section of the Ordinance.
Ms. Harbin stated that this regulation clarifies the capacity of the company truck that could be parked in a
residential area for a home occupation. This regulation is currently not very specific in the Zoning Ordinance
and, hence, Staff has added the reference to capacity for the vehicle to eliminate ambiguity.
Cm. Johnson opened the public hearing and asked if anyone in the audience would like to address the
Commission. Hearing none, he closed the public hearing.
Cm. Johnson asked for a motion. On a motion from Musser, seconded by Jennings, and by a vote of 3-0-2,
with Cm. Nassar and Cm. Fasulkey absent, the Planning Commission adopted:
RESOLUTION NO. 02-33
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT
®[annint7 Commission 16 j~utIust 27, 2002
q(e~Iufar St4eeting
TO CHAPTER 8.08, DEFINITIONS; CHAPTER 8.12, ZONING DISTRICTS AND PERMITTED
USE OF LAND; CHAPTER 8.36, DEVELOPMENT REGULATIONS; CHAPTER 8.40,
ACCESSORY STRUCTURES AND USES REGULATIONS; CHAPTER 8.64, HOME
OCCUPATIONS REGULATIONS; CHAPTER 8.76, OFF-STREET PARKING AND LOADING
REGULATIONS; CHAPTER 8.84, SIGN REGULATIONS; CHAPTER 8.104, SITE
DEVELOPMENT REVIEW REGULATIONS; CHAPTER 8.108, TEMPORARY USE PERMIT
REGULATIONS; AND, CHAPTER 8.144, ENFORCEMENT REGULATIONS, OF THE
MUNICIPAL CODE (ZONING ORDINANCE)
NEW OR UNFINISHED BUSINESS
None
OTHER BUSINESS
Ms. Ram stated that the Commission received a copy of the draft Housing Element, which is scheduled for a
hearing in October and to enable them to review it prior to that meeting.
Ms. Ram informed the Commission regarding the Mayor's Appeal of the Planning Commission decision on'
the Dublin Ranch Clubhouse. She stated that the Mayor had some concerns on the design.
ADJOURNMENT
The meeting was adjourned at 7:51 p.m.
Respectfully submitted,
Planning Commission Chairperson
ATTEST:
Planning Manager g:\minutes\02\8-27-02 pc minutes
&[anning Commission 16 ~ugust 27, 2002
q(egufar g4eeting
RESOLUTION NO. 02-33
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT
TO CHAPTER 8.08, DEFINITIONS; CHAPTER 8.12, ZONING DISTRICTS AND
PERMITTED USE OF LAND; CHAPTER 8.36, DEVELOPMENT
REGULATIONS; CHAPTER 8.40, ACCESSORY STRUCTURES AND USES
REGULATIONS; CHAPTER 8.64, HOME OCCUPATIONS REGULATIONS;
CHAPTER 8.76, OFF-STREET PARKING AND LOADING REGULATIONS;
CHAPTER 8.84, SIGN REGULATIONS; CHAPTER 8.104, SITE
DEVELOPMENT REVIEW REGULATIONS; CHAPTER 8.108, TEMPORARY
USE PERMIT REGULATIONS; AND, CHAPTER 8.144, ENFORCEMENT
REGULATIONS, OF THE MUNICIPAL CODE (ZONING ORDINANCE)
WHEREAS, the comprehensive revision to the Zoning Ordinance (Ordinance 20-
97) was adopted by the City Council 'on September 2, 1997; and
WHEREAS, Chapter 8.08, Definitions; Chapter 8.12, Zoning Districts and
Permitted Use of Land; Chapter 8.36, Development Regulations; Chapter 8.40,
Accessory Structures And Uses Regulations; Chapter 8.64, Home Occupations
Regulations; Chapter 8.76, Off-Street Parking And Loading Regulations; Chapter 8.84,
Sign Regulations; Chapter 8.104, Site Development Review Regulations; Chapter 8.108,
Temporary Use Permit Regulations; and, Chapter 8.144, Enforcement Regulations, must
be revised to more effectively regulate the development of the City of Dublin; and
WHEREAS, On August 18, 1997, the City Council adopted Resolution 103-97
finding that the Comprehensive Revision to the Zoning Ordinance, including Chapter
8.08, Definitions; Chapter 8.12, Zoning Districts and Permitted Use Of Land; Chapter
8.36, Development Regulations; Chapter 8.40, Accessory Structures And Uses
Regulations; Chapter 8.64, Home Occupations Regulations; Chapter 8.76, Off-Street
Parking And Loading Regulations; Chapter 8.84, Sign Regulations; Chapter 8.104, Site
Development Review Regulations; Chapter 8.108, Temporary Use Permit Regulations;
and, Chapter 8.144, Enforcement Regulations, is exempt from the California
Environmental Quality Act (CEQA). Various changes to the Municipal Code listed
above would also not create environmental impacts. These changes are also exempt from
CEQA because it can be seen with certainty that there is no possibility that such
amendments would have a significant effect on the environment (CEQA Guidelines,
Section 15061 (b)(3)); and
WHEREAS, Staff has prepared a Staff report dated August 27, 2002 analyzing
the amendment to the Municipal Code (Zoning Ordinance); and
ATTACItI ENT 5
WHEREAS, the Planning Commission held a public hearing on said
amendments to the Municipal Code (Zoning Ordinance), on August 27, 2002, for which
proper notice was given in accordance with California State Law; and
WHEREAS, the Planning Commission at its August 27, 2002, meeting
considered all written and oral testimony submitted at the public hearing.
NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning CommissiOn
does hereby recommend that the City Council find that the proposed amendments to
Chapter 8.08, Definitions; Chapter 8.12, Zoning Districts and Permitted Use Of Land;
Chapter 8.36, Development Regulations; Chapter 8.40, Accessory Structures And Uses
Regulations; Chapter 8.64, Home Occupations Regulations; Chapter 8.76, Off-Street
Parking And Loading Regulations; Chapter 8.84, Sign Regulations; Chapter 8.104, Site
Development Review Regulations; Chapter 8.108, Temporary Use Permit Regulations;
and, Chapter 8.144, Enforcement Regulations (PA 02-040), have no possibility for a
significant effect on the environment (CEQA, Section 15061(b)(3)), that the amendments
are consistent with the General Plan, and does recommend that the City Council amend
said chapters of the Municipal Code (Zoning Ordinance) as shown in Attachment 2 to the
August 27, 2.002, staff report for PA 02-040.
PASSED, APPROVED AND ADOPTED this 27th Day Of August 2002.
AYES: Johnson, Musser, Jennings
NOES:
ABSENT: Nassar, Fasulkey
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
g:pa02040\pcres
2