HomeMy WebLinkAboutOrd 04-03 AmendZonDist/LandUse ORDINANCE NO. 4 - 03
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 a Resolution 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- C-N C-1 C-2 M- M-1 M-2
O P
Residential Conversion of _ C/PC ..........
Garage to Living Space
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 automobile, 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 living 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 proiect 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.
Section 5 - Severabili~,
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: Councilmembers McCormick, Sbranti and Mayor Lockhart
NOES: Councilmembers Oravetz and Zika
ABSENT: None
ABSTAIN: None ~~/~/ C~// / /
:~ -' "-" " Mayor
City Clerk
K2/G/4- 1-03lord-garage-cony. doc (Item 6.1)
G:~PA#~2003\03-002\CC-ord.doc