HomeMy WebLinkAboutOrd 09-03 AmendZoneDistPA03-020ORDINANCE NO. 9 - 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 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, 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
amended to read as follows:
Residential Use Type
Second Unit
RESIDENTIAL USE TYPES
Section 2.
Section 8.64.030, Limitations on Use, of the Dublin Municipal Code is amended to read as follows:
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.
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Outdoor Storage/Display. There shall be no outdoor storage or display of merchandise,
equipment, appliances, tools, materials, or supplies associated with a Home Occupation.
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.
Rented Property. If the Home Occupation is to be conducted on rental property, the property
owner's written authorization for the proposed use shall be obtained and submitted to the City
prior to the application for a Business License or Zoning Clearance.
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.
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.
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Storage. The storage of equipment, materials, wastes, and other items needed for, or produced by,
the construction, landscaping, or service trades is prohibited.
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.
Vehicular Trips/Delivery Trips. No Home Occupation shall generate more than five additional
pedestrian or vehicular trips in excess of that customarily associated with the zoning district in
which it is located, or more than two delivery trips per day. No deliveries shall be made between
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:
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 Unit~ 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:
C.
D.
E.
F.
G.
Allows for more efficient use of the City's existing hous. ing stock and underdeveloped
residential properties.
Does not negatively impact the family character of the neighborhood.
Does not negatively impact traffic in the neighborhood.
Has sufficient roadway access and_utility service.
Provides sufficient access and mobility for the handicapped or disabled.
Complies with all standards of Chapter 8.80, Second Units.
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.
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 ora 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.
Existing detached single-family dwelling unit. The lot on which a second unit is located
shall contain legal existing, detached, single-family dwelling unit.
Maximum of one second unit per lot. There shall be a maximum of_one second unit per
lot.
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% 0fthe total
floor area of the existing single-family residence.
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.
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.
Public utilities and services. Second units shall be sewed by public water and sewer and
shall have access to an improved street.
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.
Entrance visibility. The entrance of a second unit shall not be visible from the street.
Coverage. The principal residence and second unit combined shall not cOver more than 60%
of the lot.
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K. Occupancy.
1. 'Applications shall be limited to omer, 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 trait shall not be sold separately_.
6. A deed restriction shall be recorded setting forth the occupancy requirements.
No subdivision shall be allowed unless the division meets the applicable requirements of
Title 8 and Title 9 of the Municipal Code.
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:
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:
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, l~dicmethe !0cati0g ~d ~di~ens~one~
setbacks of all existing and proposed structures on the project site.
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.
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.
Utility and Service Information: Proyide information on available utility easements,
services and connections. Include ~nf0~igE pE..rgadx/vay access to the site.
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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.
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6. Deed Restriction: Provide the completed deed restriction as required, signed and ready
for recordation.
Building permit Issuance: The Community Development Department shall issue a
building permit for the second unit if all sub~.ttgl r~quirements 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 ~0r re2i~ed~ ne~e~s~t6 ~fi~6~°date and/or reflect the foregoing
amendments.
Section 11. Severability.
The provisions of this Ordinance are ~severable and i£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 ordi~c~e or their applicability to other persons
or circumstances.
Section 12. Effective Date and Posting of Ordinance
This ordinance shall take effect and bein forc~ 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 T~ CITY OF.DU~!~
on this 15t~ day of July, 2003, by the following votes:
AYES:
Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTES~/~,~ ,
k.~-~ City Clerk
K2/G/7-15-03/ord-granny.doc (Item 6.2)
gAPA#L2003\03-020\CC ORD-Final
Mayor