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HomeMy WebLinkAbout6.1 Parking&Garage ZoneOrd CITY CLERK File # J--lJ-~ ~J 0 J-J__~J~ J AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 1, 2003 SUBJECT: Public Hearing, PA 03-002, City of Dublin Zoning Ordinance Amendment, Second Reading - Amendment to Chapters 8.12, 8.76, and 8.100 of the Dublin Zoning Ordinance. These amendments will allow for the conversion of garages to living space in R-l, Single Family Residential zoning districts by means of a Conditional Usc Permit. Report Prepared by: Jeri Ram, Planning Manag~ ,and_..Marnie R. Waffle, Assistant Planner ATTACHMENTS: 1. Ordinance Amending the Dublin Zoning Ordinance 2. City Council Agenda Statement (w/o attachments) dated March 18, 2003 RECOMMENDATION: 1. Open Public Hearing and receive Staff presentation; /z, rl~ff'~ 2. Question Staff; 3. Take testimony from the Public; ~ 4. Close Public Hearing and deliberate; 5. Waive the reading and adopt the Ordinance (Attachment 1) to amend the Dublin Zoning Ordinance. FINANCIAL STATEMENT: No financial impact. BACKGROUND: 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. The Zoning Ordinance currently requires that each residential dwelling provide two, off-street parking spaces in an enclosed garage. This parking requirement prevents the conversion of garages to living spaces unless two, enclosed parking spaces can be provided elsewhere on the lot. At the City Council's direction, Staff proceeded with an amendment to the Zoning Ordinance to remove the word "enclosed" from the parking requirement. On January 28, 2003, Staff presented a report to the Planning Commission to amend the off-street parking regulations of the Dublin Zoning Ordinance. The Planning Commission received Staff's presentation, received public testimony, deliberated, and directed Staff to provide alternatives and studies to address the following concerns regarding the conversion of garages to living space: 1) traffic and safety, 2) infrastructure/service impacts, 3) scope of conversions, 4) aesthetics and design standards, and 5) grand- fathering. COPIES TO: In House Distribution Staff returned to the Planning Commission on February 25, 2003 with a report that addressed the Planning Commission's concerns and recommending a Conditional Use Permit process, with the Planning Commission as the decision making body, to conditionally approve requests to convert garages into living space. The Planning Commission received Staff's presentation, received public testimony, deliberated, and indicated its support of Staff's recommendation by adopting a Resolution recommending that the City Council adopt an Ordinance to amend the Dublin Zoning Ordinance. At the March 28, 2003 City Council meeting, the City Council introduced an Ordinance to amend the Dublin Zoning Ordinance to allow for the conversion of residential garages to living spaces. After the public hearing, the Ordinance was scheduled for a second reading to be held at the April 1, 2003 City Council meeting. 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 Act (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 environment (Section 15061(b)(3). Various changes to the Zoning Ordinance listed above are proposed which would not increase or create environmental impacts. These changes will have no environmental impacts and are also exempt from the California Environmental Quality Act (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: The City Council directed Staff to prepare an Ordinance to amend the Dublin Zoning Ordinance by removing the word "enclosed" from the parking requirement in order to allow for the conversion of residential garages to living space. In accordance with the procedures for amending the Dublin Zoning Ordinance (Chapter 8.120), Staff presented a report to the Planning Commission and following a public hearing, the Plmming Commission directed Staff to conduct additional studies on the impacts of allowing garage conversions. Staff then presented the Planning Commission with an alternative to address their concerns by proposing a Conditional Use Permit process for reviewing and approving requests to convert garages to living space. The Pla_nning Commission heard the proposal and adopted a Resolution recommending that the City Council approve the amendments to the Zoning Ordinance to allow for the conversion of residential garages to living space. At a public hearing held on March 18, 2003, the City Council introduced an Ordinance to amend the Zoning Ordinance (Chapters 8.12; 8.76 and 8.100) to allow for the conversion of garages to living spaces in R-l, Single Family Residential zoning districts by means of a Conditional Use Permit. RECOMMENDATION: Staff recommends that the City Council, open the public hearing and receive Staff presentation, question Staff, take testimony from the Public, close the public heating and deliberate, waive the reading, and adopt the Ordinance (Attachment 1) to amend the Dublin Zoning Ordinance. 2 ORDINANCE NO. i ~'~ ~ AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 8.12 ZONING DISTRICTS AND PERMITTED USES OF LAND; CHAPTER 8.76 OFF-STREET PARKING AND LOADING REGULATIONS; AND, CHAPTER 8.100 CONDITONAL USE PERMIT, OF THE DUBLIN ZONING ORDINANCE, PA 03-002 WHEREAS, the City of Dublin has determined that, the Zoning Districts and Permitted Uses of Land of the Dublin Zoning Ordinance (Chapter 8.12); Off-street Parking and Loading Regulations of the Dublin Zoning Ordinance (Chapter 8.76); and Conditional Use Permit regulations of the Dublin Zoning Ordinance (Chapter 8.100), 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 8.12 Zoning Districts and Permitted Uses of Land; Chapter 8.76 Off-street Parking and Loading Regulations; and Chapter 8.100 Conditional Use Permit regulations, is exempt from the California Environmental Quality Act (CEQA). The various changes to the Zoning Ordinance listed above would also not create environmental impacts. These changes are 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 public hearing on this project on February 25, 2003, and did adopt Resolution 03- recommending that the City Council approve amendments to the Zoning Ordinance; and WHEREAS, a properly noticed public hearing was held by the City Council on April 1, 2003; 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 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 8.12.050, 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-1 R-2 R-3 R-4 C-O C-N C-1 C-2 M-P M-1 M-2 Residential Conversion of Garage to Living Space - C/PC .......... Section 2 ~ Section 8.76.070.A.14, Location of Required Parking Spaces, of the Dublin Zoning Ordinance is amended to read as follows: a. Single family lot. 1. Principal residence. All 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 be 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 permitted elsewhere on a lot pursuant to a Conditional Use Permit for the purposes of converting a residential garage to living space. Other than the two required garaged parking spaces, a maximum of two vehicles (which shall include, but not be limited to, an antomobile, car, truck, or Recreational Vehicle) may be parked in the following areas if screened by a 6 foot high fence or wall and if at least one side yard is unobstructed to a width of 36 inches: Areas 1, 2, 3a, 3b and 4. Additional parking may occur in area 5a. Parking in area 5b shall be as required by Section 8.76.060.E.2. No parking shall occur in area 5c except as permitted by Section 8.76.060.E.4. See Figure 76-2. Parking in a driveway shall not compensate for required enclosed garage parking unless two, full-size, unenclosed parking spaces are permitted pursuant to a Conditional Use Permit for the purposes of converting a residential garage to living space. No parking shall occur in Area 6. Section 3 Section 8.76.080, Parking Requirements by Use Type, of the Dublin Zoning Ordinance is amended 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 REQUIRED Single Family/Duplex/Mobile 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 permitted elsewhere on a lot pursuant to a Conditional Use Permit for the purposes of converting a residential garage to living space. Section 4 Section 8.100.060, Required Findings, of the Dublin Zoning Ordinance is amended to read as follows: H. For the conversion of single family residential garages to livin~ space, architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project and as conditions of approval in order to insure compatibility of this development with the development's design concept or theme and the character of adiacent buildings, neighborhoods, and uses. Section 5 - 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 6 - 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 1st day of April 2003, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor Attest: City Clerk G:\PA#k2003\03-002\CC-ord.doc CITY CLERK I' File # , AGENDA STATEMENT " CiTY COUNCIL MEETING DATE: March 'iS, 2003 SUBJECT: Public Hearing, PA 03-002, City of Dublin Zoning Ordinance Amendment, First Reading - Amendment to Chapter 8.12, Zoning Districts and Permitted Uses of Land; Chapter 8.76, Off-Street Parking and Loading Regulations; and Chapter 8.100, Conditional Use Permit of the Dublin Zoning Ordinance. These amendmems wilt allow for the conversion of garages to living space in R-l, Single Family Residential zoning districts by means of a Conditional Use Permit. Report Prepared by Jeri Ram, Planning Manager and Marnie R. Waffle, Assistant Planner ATTACHMENTS: 1. Draft Planning Commission Minutes, February 25, 2003 2. Planning Commission Staff Report, February 25, 2003 (includes Staff Report and Minutes from the January 28, 2003 Planning Commission meeting) 3. Planning Commission Resolution 03-04 recommending City Council approval of an amendment to Chapter 8.12, Zoning Districts and Permitted Uses of Land; Chapter 8.76, Off-Street Parking and Loading Regulations; and Chapter 8.100, Conditional Use Permit of the Dublin Zoning Ordinance 4. Ordinance Amending the Dublin Zoning Ordinance RECOMMENDATION: 1. Open Public Hearing and receive Staff presentation; 2. Question Staff; 3. Take testimony from the Public; 4. Close Public Hearing and deliberate; 5. Waive the reading and introduce the Ordinance to amend the Dublin Zoning Ordinance. FINANCIAL STATEMENT: No financial impact. BACKGROUND: 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. The Dublin Zoning Ordinance currently requires that each residential dwelling provide two, off-street parking spaces in an enclosed garage. This parking requirement prevents the conversion of garages to living spaces unless two, enclosed parking spaces can be provided elsewhere on the lot. ATTACHMENT COPIES TO: ITEM NO. At the City Council's direction, Staff proceeded with an amendment to the Dublin Zoning Ordinance"~o 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 received Staff's presentation, received public testimony, deliberated, and directed Staff to provide alternatives and studies to address the following concerns regarding the conversion of garages to living space: 1) traffic and. safety, 2) infrastructure/service impacts, 3) scope of conversions, 4) aesthetics and design standards, and 5) grand-fathering (Attachment 2, see February 25, 2003 Staff Report Attachment 2 for January 28, 2003 Planning Commission Minutes). At the February 25, 2003 Planning Commission meeting, Staff returned with a report that addressed the Planning Commission's concerns and presented a solution to address them (Attachment 2, see February 25, 2003 Staff Report). Staff recommended a Conditional Use Permit process, w/th the Planning Commission as the decision making body, to conditionally approve requests to convert garages ~nto living space. In order for the Planning Commission to approve a Conditional Use Permit, certain findings would have to be made to adch'ess 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. Under the Conditional Use Permit findings, traffic and safety would be reviewed for adverse impacts to, the subject site; adjacent properties; neighborhood improvements; and, the public health, safety, and welfare. Impacts to infrastructure or services, including street sweeping and waste receptacle placement, would be addressed by requiring that two, off-street parking spaces be provided. The scope of conversions would be bound by the development regulations for the R-t Single Family Residential Zoning District, including but not limited to, heights, setbacks, and lot coverage. The addition of a new finding, to the conditional use permit findings for garage conversions, would address design and architecture, allowing the Planning Commission to review and approve the physical appearance of a proposed garage conversion. This new finding would read: H. Archkectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project and as conditions of approval in order to insure compatibility of this development with the development's design concept or theme and the character of adjacent buildings, neighborhoods, and uses. The issue of grand-fathering is not applicable to the proposed Zoning Ordirtance amendments because the City of Dublin has never allowed the conversion of garages to living space. If the proposed amendments are adopted, illegal conversions could be legalized and permitted through the Conditional Use Permit and Building Permit processes. On February 25, 2003, the Plam~ing Commission received Staff' s presentation, received public testimony, deliberated, and indicated its support of Staff's recommendation by adopting a Resolution (Attachment 3) recommending that the City Council adopt an Ordinance (Attachment 4) to amend Chapter 8.12, Zoning Districts and Permitted Uses of Land; Chapter 8.76, Off-Street Parking and Loading Regulations; and Chapter 8.100, Conditional Use PelTnit of the Dublin Zoning Ordinance. Following the Planning Commission's action, Staff noted that clarification to the text of the new finding f$'r design and architecture was needed. The following pba'ase (in italics) was added to the new finding: H. For the conversion of single family residential garages' to living space, architectural considerations, including the character, scale and quality of the design, the architectural relationship w/th the site and other buildings, building materials and colors .... By clarifying that the new finding is for the conversion of single family residential garages only, other uses requiring a conditional use permit, i.e. martial arts studios, churches, massage establishments, will not be subject to the finding on design amd architecture. The City Attorney has reviewed the proposed clarification. to the new f'mding and determined that the change is minor in nature and does not need to go back to the Planning Commission for review. ENVIRONMENTAL REVIEW: On August 18, 1997, the City Cotmcil 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 Act (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 environment (Section 15061(b)(3). Various changes to the Zoning Ordinance listed above are proposed which would not increase or create environmental impacts. These changes will have no environmental impacts and are also exempt from the California Environmental Quality Act (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: The Zoning Ordinance (Chapter 8.120) requires that all zoning ordinance amendments 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 approve, approve with modifications, or disapprove the amendment. The Planning Commission reviewed the proposal to remove the word "enclosed" from the off-street parking regulations to allow for the conversion of garages to living space and determined that additional studies were needed in order to address concerns related to, traffic and safety; infrastructure/service impacts; the scope of conversions; aesthetic and design standards; and, grand-fathering. Staff presented the Planning Commission with an alternative that addressed their concerns by proposing a Conditional Use Permit process for reviewing and approving requests to convert garages to living space. The Planning Commission heard the proposal and recommended that the City Council approve an amendment to Chapter 8.12 Zoning Districts and Permitted Uses of Land; Chapter 8.76, Off-Street Parking and Loading Regulations; and Chapter 8.100 Conditional Use Permit. Therefore, Staff recommends that the City Co'uncil, open the public hearing and receive Staff presentation, close the public hearing, deliberate, waive the reading, introduce the Ordinance (Attachment 4) to amend the Dublin Zoning Ordinance, and continue the public hearing to the April 1, 2003, City Council Meeting.