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HomeMy WebLinkAbout6.2 Zon Ord Amend PA03-020 CITY CLERK File # 450-20 AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 15, 2003 SUBJECT: Public Hearing: PA 03-020 City of Dublin, Zoning Ordinance Amendment Second Reading- Amendment to Chapter 8.12, Zoning Districts and Permitted Use Of Land; Chapter 8.64, Home Occupations Regulations; Chapter 8.76, Off-Street Parking And Loading Regulations; and, Chapter 8.80, Second Unit Regulations of the Municipal Code (Zoning Ordinance) Prepared by Janet Harbin, Senior Planner~k-~~ ATTACHMENTS: 1. Ordinance amending the Dublin Municipal Code (Zoning Ordinance) 2. City Council Agenda Statement w/o attachments dated July 1, 2003 RECOMMENDATION: 1. Open Public Hearing and receive Staff presentation. '~~"~ii Question Staff · Take testimony from the Public. Close Public Hearing and deliberate. 5. Waive the second reading, and adopt the Ordinance (Attachment 1) to amend the Dublin Municipal Code (Zoning Ordinance). PROJECT DESCRIPTION: The proposed ordinance amendment includes revisions to the regulations for second dwelling units based on recent changes in the State law and home occupation regulations. On April 22, 2002, Assembly Bill (AB) 1866 (Wright) was adopted by the State legislature amending Government Code Section 65852.2 requiring that cities establish a review and approval process for second units providing for a ministerial review and approval process, and prohibiting discretionary review through a Conditional Use Permit. The legislative amendment is effective on July 1, 2003. The legislation does allow a City to establish a procedure and specific criteria in its zoning ordinance for evaluating second units relative to parking, height, setbacks and other matters, but prohibits the local jurisdiction from requiring discretionary or more subjective review of second units. The proposed ordinance amendment first presented to the City Council on July 1, 2003, modifies the existing City regulations for the dwelling units and the associated parking standards for the units. COPIES TO: In House Distribution Project Manager ITEM NO. __~__O~ g:pa03020/PCSR Additionally, implementation of the Zoning Ordinance over the past years has revealed some areas where the Ordinance requires clarification, improvement, and further revision to conform to changes in related municipal codes, technology changes and State law. Staff is also recommending an amendment to various other chapters of the Zoning Ordinance (see attached Ordinance, Attachment 1) to modify the ordinance in relation to home occupations and for internal consistency. ANALYSIS: As required by the City of Dublin Municipal Code, a second reading of the proposed Ordinance is necessary,, prior to final adoption of the amendment of the zoning regulations. The first reading of the Ordinance took place on July 1, 2003 (see City Council Agenda Statement, Attachment 2). Planning Commission Action On June 10, 2003, the Planning Commission adopted Resolution No. 03-30 recommending that the City Council adopt the ordinance to amend the Dublin Municipal Code as proposed in Attachment 1. City Council Action On July 1, 2003, the City Council heard a presentation from Staff summarizing the revisions to the Zoning Ordinance. At the public hearing, the City Council waived the first reading of the Ordinance (Attachment 1) to amend the Dublin Municipal Code. Environmental Review On August 18, 1997, the City Council adopted Resolution 103-97 finding that the Comprehensive Revision to the Zoning Ordinance, including Chapter 8.12, Zoning Districts and Permitted Use Of Land; Chapter 8.64, Home Occupations Regulations; Chapter 8.76, Off-Street Parking And Loading Regulations; and, Chapter 8.80, Second Unit Regulations, is exempt from the California Environmental Quality Act (CEQA). Various changes to the Municipal Code in Attachment 1 would also not create enviromnental 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)). Additionally, the proposed amendment relating to second units are further exempt under CEQA Guidelines Section 15282(i) as second units on developed lots would have no possibility of having an adverse effect on the environment, and the amendment is consistent with the General Plan and all applicable Specific Plans. CONCLUSION: The Zoning Ordinance (Chapter 8.120), requires that all zoning ordinance amendments (such as the proposed amendment to the Zoning Districts and Permitted Uses of Land, Home Occupations, Off-Street Parking Regulations, and Second Unit Regulations chapters) be heard by the Planning Commission and following a public hearing, the Planning Commission must make a written recommendation to the City Council whether to approve, approve with modifications or disapprove the amendment. The Planning Commission has recommended the Ordinance to the City Council for approval, and the City Council first considered approval of the Ordinance on July 1, 2003. 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 second reading and adopt the Ordinance (Attachment 1) to amend the Dublin Municipal Code. ORDINANCE NO. - 03 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 8.12, ZONING DISTRICTS AND PERMITTED USES OF LAND; CHAPTER 8.64, HOME OCCUPATIONS; CHAPTER 8.76, OFF-STREET PARKING AND LOADING REGULATIONS AND, CHAPTER 8.80, SECOND UNIT REGULATIONS, OF THE MUNICIPAL CODE (ZONING ORDINANCE), PA 03-020 WHEREAS, the City of Dublin has determined that the Zoning Districts And Permitted Uses Of Land of the Dublin Municipal Code (Chapter 8.12); Home Occupations (Chapter 8.64) of the Dublin Municipal Code; Off-Street Parking And Loading Regulations (Chapter 8.76); and, Second Unit Regulations (Chapter 8.80) of the Dublin Municipal Code, 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 Use Of Land; Chapter 8.64, Home Occupations Regulations; Chapter 8.76, Off-Street Parking And Loading Regulations and, Chapter 8.80, Second Unit Regulations, is exempt fi.om 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 fi.om 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, this ordinance is intended to comply with the requirements of Government Code section 65852.2 pursuant to AB 1866 regarding regulation of second units. The ordinance regulates second unit parking, height, setbacks and other matters in accordance with the statute; and, WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project on June 10, 2003, and did adopt Resolution 03-20 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 July 1, 2003 and July 15, 2003; 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 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 Municipal Code is ~,~ !~:'~_ ATTACHMENT I amended to read as follows: RESIDENTIAL USE TYPES [ Residential Use Typesecond Unit A R~I R-2 R-3 R-4 C-O C-N C-1 C-2 [ M-P M-1 M-2 ........... Section 2. Section 8.64.030, Limitations on Use, of the Dublin Municipal Code is amended to read as follows: L. Nuisances. No Home Occupation shall create or cause traffic, noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, electrical interference, or other hazards or nuisances beyond those normal for a residential area or which may be perceptible at or beyond the lot line as determined by the Director of Community Development. M. Outdoor Storage/Display. There shall be no outdoor storage or display of merchandise, equipment, appliances, tools, materials, or supplies associated with a Home Occupation. N. Parking. No vehicle used for a Home Occupation shall occupy a required parking space of a residence. No Home Occupation shall occupy a required parking space of a residence. One off- street parking space (other than in the driveway) shall be provided for a vehicle used for the Home Occupation. O. Rented Property. If the Home Occupation is to be conducted on rental property, the property owner's written authorization for the propose.d use shall be obtained and submitted to the City prior to the application for a Business License or Zoning Clearance. P. Repair or Dismantling of Vehicles Within a Garage. Any vehicle being repaired or dismantled within a residential garage shall be owned by an occupant of the residence and shall be carried out in full compliance with all applicable laws and regulations. Q. Signs. There shall be no advertising sign, window display, or other identification of the Home Occupation on the premises other than a house number and nameplate as permitted by Section 8.84.140.D House Numbers and Name Plates. R. Storage. The storage of equipment, materials, wastes, and other items needed for, or produced by, the construction, landscaping, or service trades is prohibited. S. Students. No more than two students may be given instruction in music, academics, dance, swimming, or other subjects as determined by the Community Development Director in a residence at one time. No students may be given instruction between the hours of 9:00 p.m. and 8:00 a.m. T. Vehicular Trips/Delivery Trips. No Home Occupation shall generate more than five additional pedestrian or vehicular trips in excess of that customarily associated w/th the zoning district in which it is located, or more than two delivery trips per day. No deliveries shall be made between 2 the hours of 9:00 p.m. and 8:00 a.m. Section 3. Section 8.76.070.A.14, Location of Required Parking Spaces, of the Dublin Municipal Code is amended to read as follows: a. Single family lot. 2. Second Unit parking. Parking for a Second Unit shall be provided in accordance With this Chapter except as provided in Section 8.80.040.F. Section 4. Section 8.76.080, Parking Requirements by Use Type, 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 Second Unit 1 parking space, see Section 8.80.040.F relating to Second Units parking Section 5. Section 8.80.010, Purpose, of the Dublin Municipal Code is amended to read as follows: The purpose of this section is to establish regulations for approving second units designed to meet the special needs of individuals and families, particularly the elderly, disabled, and those of low and very- low income; which meet the requirements of the Housing Element and are compatible with existing dwellings. Section 6. Section 8.80.020, Intent, of the Dublin Municipal Code is amended to read as follows: The intent of this section is to ensure that second units meet all of the following objectives. That the second unit: A. Allows for more efficient use of the City's existing housing stock and underdeveloped residential properties. B. Does not negatively impact the family character of the neighborhood. C. Does not negatively impact traffic in the neighborhood. D. Has sufficient roadway access and_utility service. E. Provides sufficient access and mobility for the handicapped or disabled. F. Complies with all standards of Chapter 8.80, Second Units. G. Meets the standards established by_Chapter 8.80, Second Units, and complies with State Law as may be appropriate to further the purposes of this Title. 3 Section 7. Section 8.80.030, Permitting Procedures, is added to the Dublin Municipal Code to read as follows: Any application for a second unit that meets the Development Standards and Regulations contained in this Chapter, shall be approved ministerially without discretionary review or a public hearing. Section 8. Section 8.80.030, Regulations, of the Dublin Municipal Code is amended to read as follows: Section 8.80.040, Development Standards and Regulations. A building permit for a second unit will only be issued if it complies with the following development standards: A. Permitted in the R-1 district and certain Planned Development districts. A second unit may only be permitted in the R-1 zoning district and in a Planned Development zoning district (if not specifically prohibited by the PD regulations) which is subject to underlying R-1 standards. B. Existing detached single-family dwelling unit. The lot on which a second unit is located shall contain legal existing, detached, single-family dwelling unit. C. Maximum of one second unit per lot. There shall be a maximum of_one second unit per lot. D. Unit size. The total floor area of a second unit shall be not less than 275 square feet, nor more than 1,000 square feet. Further, in no case shall a second unit exceed 35% of the total floor area of the existing single-family residence. E. R-1 development standards. The second unit shall conform to the development standards of the R-1 zoning district including, but not limited to, setbacks and height, but excluding density standards. F. Parking. The second unit shall be provided with one additional off-street parking space in accordance with the requirements of Chapter 8.76, Off-Street Parking and Loading, except that the space may be compact, may be uncovered, and may be in tandem with the required parking of the principal dwelling unit. A curb cut shall be provided to City Standards. The second unit parking shall be in addition to parking required for the principal dwelling unit. G. Public utilities and services. Second units shall be served by public water and sewer and shall have access to an improved street. Il. Design Compatibility. The second unit shall incorporate the same or similar design features, building materials, colors, and landscaping as the_existing residence to give the appearance of a single-family residence. I. Entrance visibility. The entrance of a second unit shall not be visible from the street. J. Coverage. The principal residence and second unit combined shall not cover more than 60% 4 of the lot. K. Occupancy. 1. Applications shall be limited to owner- occupants. 2. No more than one dwelling unit on the parcel shall be rented or leased. 3. The owner of the lot may occupy either the principal residence or the second unit. 4. Either of the units may remain vacant. 5. The second unit shall not be sold separately_. 6. A deed restriction shall be recorded setting forth the occupancy requirements. 7. No subdivision shall be allowed unless the division meets the applicable requirements of Title 8 and Title 9 of the Municipal Code. O. Building setbacks. If the second unit is detached from the principal residence on the site, the distance between the structures shall be as determined by the Uniform Building Code, but no more than 100 feet from the principal residence on the site. Section 9. Section 8.80.050, Permitting Procedures, is added to the Dublin Municipal Code to read as follows: A. Submittal: The application for a second unit shall be submitted to the Community Development Department with submittal of an application for a building permit. In addition to the standard submittal requirements for a building permit, the second dwelling unit application package shall include the following: 1. Site Plan: The plan shall be drawn to scale, showing the dimensions of the perimeter of the parcel on which the second unit will be located. Indicate the location and dimensioned setbacks of all existing and proposed structures on the project site. 2. Lot Coverage: Calculations indicating the square footage of the structure and the lot, and include calculations on the plan for the percentage of lot area covered by the foundation of the new and existing dwelling units. 3. Elevations: North, south, east and west elevation which show all openings, exterior finishes, original and finish grades, stepped footing outline, roof pitch, materials and color board for the existing residence and the proposed second unit. 4. Utility and Service Information: Provide information on available utility easements, services and connections. Include information on roadway access to the site. 5. Color Photographs: Provide color photographs of the site. The photos shall be taken 5 from each of the property lines of the project site to show the site. Label each photograph and reference to a separate site plan indicating the location and direction of the photograph. 6. Deed Restriction: Provide the completed deed restriction as required, signed and ready for recordation. B. Building Permit Issuance: The Community Development Department shall issue a building permit for the second unit if all submittal requirements are met, and if it conforms to the specific standards contained in Section 8.80.040, Development Standards and Regulations. Section 10. Conforming Amendments. Chapters 8.12, 8.64, 8.76, and 8.80 of the Dublin Municipal Code shall be re-numbered and/or re-lettered as necessary to accommodate and/or reflect the foregoing amendments. Section 11. Severabilitv,. 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 12. 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 15th day of July, 2003, by the following votes: Ayes: Noes: Absent: Abstain: Mayor Attest: City Clerk 6 CITY CLERK File #1 0 AGENDA STATEMENT CITY COUNCIL MEETING DATE: JUly 1, 2003 SUBJECT: Public Hearing: PA 03-020 City of Dublin, Zoning Ordinance Amendment- Amendment to Chapter 8.12, Zoning Districts and Permitted Use Of Land; Chapter 8.64, Home Occupations Regulations; Chapter 8.76, Off-Street Parking AndLoading Regulations; and, Chapter 8.80, Second Unit Regulations of the Municipal Code (Zoning Ordinance) ~ Prepared by Janet Harbin, Senior Planner ATTACHMENTS: 1. Ordinance amending the Dublin Municipal Code (Zoning Ordinance) 2. Planning Commission Staff Report and minutes of June 10, 2003 3. Planning Commission Resolution 03-30 recommending City Council approval of an amendment to Chapter 8.12, Zoning Districts and Permitted Uses of Land; Chapter 8.64, Home Occupations Regulations; Chapter 8.76, Off-Street Parking and Loading Regulations; and, Chapter 8.80, Second Unit Regulations of the Dublin Zoning Ordinance 4. Chapter 8.80, Second Unit Regulations of the Dublin Zoning Ordinance (current Ordinance text) . 5. Chapter 8.64, Home Occupation Regulations of the Dublin Zoning Ordinance (current Ordinance text) 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 (Attachment 1) to  amend the Dublin Municipal Code (Zoning Ordinance). PROJECT DESCRIPTION: The proposed ordinance amendment includes revisions to the regulations for second dwelling units based on recent changes in the State laTM and home occupation regulations. On April 22, 2002, Assembly Bill (AB) 1866 (Wright) was adopted by the State legislature amending Government Code Section 65852.2 requiring that cities establish a review and approval process for second units providing for a ministerial review and approval process, and prohibiting discretionary review through a Conditional Use Permit. In adopting AB 1866, the State Legislature amended Government Code Section 65852.2 with the intent of · ' coPIEs TO: In House Distribution' Project Manager ITEM NO. g:pa03020/PCSR ATTACHMENT promoting the approval of second units as a valuable housing tool using established development standards similar to the ministerial review for a building permit. The amendment is effective on July i, 2003 and eliminates the discretionary review or hearing process for approVal of a second unit. The State Legislature believed the Conditional Use permit process utilized by most municipalities in approving the development of second units in residential zoning districts was "excessive" and "burdensome? and unreasOnably restrictive to homeowners. The legislation does allow a City to establish a procedure and specific criteria in its zoning ordinance for evaluating second units relative to parking, height, setbacks' and other matters, but prohibits the local jurisdiction from requiring discretionary or more subjective review of second unks. The State Legislature has been concerned that municipalities have been utilizing the discretionary review process to restrict property Owners from developing second units. If a City does not have a ministerial review process for second units established, the State law will establish the review process and standards which must be followed. On September 2, 1997, the City Council adopted a comprehensive revision of the Dublin Zoning Ordinance. Implementation of the Zoning Ordinance over the past years has. revealed some areas where the Ordinance requires clarification, improvement, and further revision to conform to changes in related municipal codes,'teclmology changes and State law'. Staff is also recommending an amendment to various other chapters of the Zoning Ordinance (see attached Ordinance, Attachment 1) to modify the ordinance in relation to home occupations and for internal consistency. SECOND UNIT ZONING ORDINANCE AMENDMENTS: The Zoning Ordinance presently allows the construction of Second Units only with a Conditional Use Permit approved by the Zoning Administrator (see Attachment 4, current ordinance regulations for Second Units). A Second Unit is defined in the Zoning Ordinance of the Municipal Code as a residential unit with separate kitchen, sleeping, and bathroom facilities, which is part of, an extension to, or detached from, a detached single-family residence, and is subordinate to the principal residence. Pursuant to the recent changes in State law, the Land Use Matrix in Chapter 8.12, Zoning Districts and Permitted Use Of Land, Section 8.12.050, Permitted and Conditionally Permitted Land Uses, has been revised to designate a Second Unit as a permitted use in the Single Family Residential Zoning District. The process of reviewing and approving Second Units would no longer require a discretionary permit, but would be subject to isSuance of a building permit if it meets the established standards of Chapter 8.80, Second Unit Regulations of the Zoning Ordinance, as discussed below. Proposed Second Unit Regulation Modifications: To implement the new State law regarding second units, the City of Dublin is required to revise the Zoning Ordinance to ensure compliance with newly enacted regulations. Section 8.80.030, Regulations of the Zoning Ordinance related to second units is required to be modified. This section's title is proposed to be revised to 'Section 8.80.040, Development Standards and Regulations,' and would allow a second unit to be permitted within the R-1 Residential District and Planned Development Districts (if not prohibited by the PD regulations) with issuance of a building permit if it complies with certain recommended development standards (which are discussed in more detail below). It also eliminates the requirement of obtaining a Conditional Use Permit approval from the Zoning Administrator, and revises the numbering of the section. In addition to the revised section mentioned above, Staff is recommending adding Section 8.80.050, Permitting Procedures, to the Zoning Ordinance. This would be a new section added to Chapter 8.80, Second Unit Regulations, of the Zoning Ordinance to establish the application procedure for a request for a building permit for second units..7!2is Section includes the standard application submittal requirements, which must be met when submitting for a building permit for a second unit to determine if a building permit can be issued. 'In. addition to the standard submittal requirements for a building permit, Staff is · recommending that additional criteria be added in order to determine consistency with the City's General Plan and any applicable Specific Plan. This criteria is similar to the information currently required by the Second Unit regulations, however the criteria has been modified in order to be consistent with the neTM State law, as follows: 1. Site Plan: The plan is to be drawn to scale, showing the dimensions of the perimeter Of the parcel on which the second unit will be located. The locationand dimensioned setbacks of all existing and proposed structures on the project site are to be indicated on the plan. 2. Lot Coverage: Calculations indicating the square footage of the structure and the lot are to be included.on the plan, and also calculations for the percentaget of lot area covered by the foundation of the new and existing structures on the lot. The maximum lot coverage for all structures on the lot would remain 60%. Elevations: North, south, east and west elevations showing all oPenings, exterior finishes, original and finish grades, stepped footing outline, roof pitch, materials and color board for the existing residence and the proposed second unit are to be submitted to'ensure that the unit will be compatible with the existing dwelling unit on the lot. 4. Utility and Service Information: Information on available utility easements~ services and connections, and roadway access to the site is to be included in the submittal to ensure the second unit will be. served by utilities and infrastructure. 5. Color Photographs: Provide color photographs of the site. The photos shall be taken from each of the property lines of the project site to show the site. Label each photograph and reference to a separate site plan indicating the location and direction of the photograph. 6. Deed Restriction: Provide the completed deed restriction as required, signed and ready for recordation. The deed restriction is to stipulate that the second unit will not be sold separately; is restricted to a maximum size based on lot coverage; is allowed as long as the owner of record occupies either the primary residence or the second unit on the property; and, the restrictions are binding on all successors in ownership of the property. SeCond Unit Parking: The revision to this section would modifY the reference to the subsection for Second Unit parking to be consistent with the previous revisions. The ordinance Currently allows the required parking space for the second unit to be located in the Side Yard Setback if specifically permitted by a Conditional Use Permit (see Attachment 4). This requirement is no longer valid based on the amendment to the State law, as a Conditional Use Permit cannot be required for any aspect relative to the second unit. Because of that, Staff believes that some flexibility in the type of pm'king space is appropriate. With respect to yard setbacks and location of parking, the location of the parking for the second unit would follow the same standards as those established for the principal residence. Additionally, the Off-Street and Loading Regulations for Second Units on single family lots is proposed for modification to reference Section 8.80.040.F, which requires one additional off-street parking space to be provided for the dWelling unit. The second unit parking space would be in addition to'the parking spaces required for the principal residence. The modification in the language of this subsection will also provide some flexibility in the type of parking space to be provided by allowing it to be compact, uncovered, or in tandem with the required parking for the principal dwelling unit. Another change in this subsection of the ordinance relates to the requirement of an Encroachment Permit for a curb cut to access the parking for the second unit. Presently, the ordinance states an Encroachment Permit granted by the Director of Public Works must be obtained for the curb cut; however, if a new driveway is needed for any dwelling unit, an Encroaclmaent Permit is usually required at the time of building permit issuance. However, this is not addressed by the zoning ordinance but rather by the Article IV, Sidewalk, Driveways, Curbs of Title 7 (Public Works), Section 7.04.390, of the Dublin Municipal Code. Staff has modified the language in the zoning ordinance to delete the wording addressing Encroachment Permits for curb cuts for second units for consistency with the other sections of the zoning ordinance. A curb cut, if needed for access to the parking for the second unit, would still be required to meet City standards and obtain any necessary permits from the Building and Safety Division and the Public Works Department. Based on the proposed revisions, if all the above requirements are met and the proposed second unit conforms to the specific standards contained in Section 8.80.040, Development Standards and Regulations, the Community Development Department must then issue a building.permk for the second dwelling unit. HOME OCCUPATIONS ZONING ORDINANCE AMENDMENT: The amendment to the Zoning Ordinance' in Attachment 1 also addresses a modification in Chapter 8.64, Home Occupation Regulations. The City has received letters and comments from. residents who would like to have more than two home occupation permits to conduct businesses out of their homes. The Zoning Ordinance regulations related to home occupations currently restricts the number of home occupations for one residence to no more than two per residence (see Attachment 5, current ordinance regulations for home occupations). Staff proposes that this restriction be deleted from the regulations, as there is no evidence that having more than two home occupations in one residence is detrimental to the neighborhood or community. This would allow an unlimited number of home occupation permits per residence. Based on Staff research, it appears that the number of home occupations per residence may have been restricted for-practical reasons, as each business could potentially use a portion of the square footage of the residence. However, with the advent of internet based businesses, a resident could work out of their home and presumably conduct several businesses at one time within a minimal amount of floor area or space. Because of this, Staff suggests deleting this section of the Home Occupation Regulations to remove the restriction. ENVIRONMENTAL REVIEW: On August 18, ! 997, the City Council adopted Resolution 103-97 finding that the Comprehensive Revision to the Zoning Ordinance, including Chapter 8.12, Zoning Districts and Permitted Use Of Land; Chapter g.64, Home Occupations Regulations; Chapter g.76, Off-Street Parking And Loading Regulations; and, Chapter g.g0, Second Unit Regulations, is exempt from the California Enviroumental 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)). Additionally, the proposed amendment relating to second units are further exempt under CEQA Gttidelines Section 15282(i) as second units on developed lots would have no possibility of having an adverse effect on the environment, and the amendment is consistent with the General Plan and all applicable Specific Plans. PLANNING COMMISSION ACTION: On June 10, 2003, the Planning Commission adopted a Resolution (No. 03-30, Attachment 3) 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. '. CONCLUSION: The Zoning Ordinance (Chapter g. 120), requires that all zoning ordinance amendments (such as the proposed amendment to the Zoning Districts and Permitted Uses of Land, Home Occupations, Off-Street Parking Regulations, and Second Unit Regulations chapters) be heard by the Planning Gornmission and following a public hearing, the Planning Commission must make a written recommendation to the City Council whether to approve, approve with modifications or disapprove the am-endment. The Planning Commission has recommended the Ordinance to the City Council for approval. 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 hearing and deliberate, waive the reading, and introduce the Ordinance (Attachment 1) to amend the Dublin Municipal Code (Zoning Ordinance).