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Home My WebLink About8.1 PCSR ZOA Cptr 8.08, 8.40, 8.76 or Doi:e. r°ie�� STAFF REPORT i9� sz PLANNING COMMISSION DATE: June 23, 2015 TO: Planning Commission SUBJECT: PUBLIC HEARING: PLPA-2015-00028 Amendments to Dublin Zoning Ordinance Chapters 8.08 (Definitions), 8.40 (Accessory Structures and Uses Regulations), and 8.76 (Off-Street Parking and Loading Regulations) Report prepared by Kristi Bascom, Principal Planner EXECUTIVE SUMMARY: The City is initiating amendments to the Zoning Ordinance to bring greater clarity and consistency to existing regulations. Amendments are proposed to Chapters 8.08 (Definitions), 8.40 (Accessory Structures and Uses Regulations), and 8.76 (Off-Street Parking and Loading Regulations). The amendments include clarifying the allowed accessory uses and activities in residential zoning districts, amending existing definitions and creating new definitions for several residential use types in the definitions chapter, and clarifying the parking requirements for each residential use type in the parking chapter. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution recommending City Council approval of amendments to Dublin Zoning Ordinance Chapters 8.08 (Definitions), 8.40 (Accessory Structures and Uses Regulations), and 8.76 (Off-Street Parking and Loading Regulations). V-1,1 Submitted By Reviewird By Principal Planner Assistant Community Development Director COPIES TO: File ITEM NO.: S. I Page 1 of 4 DESCRIPTION: Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or amend certain provisions to ensure that the Zoning Ordinance remains internally consistent, simple to understand and implement, and relevant to changes occurring in the community. The changes proposed at this time relate to clarifying the allowed accessory uses and activities in residential zoning districts, amending existing definitions and creating new definitions for several residential use types in the definitions chapter, and clarifying the parking requirements for each residential use type in the parking chapter. ANALYSIS: The following discussion summarizes the proposed amendments to each of these chapters. Underlined text is proposed to be added and text with a is proposed to be deleted. Proposed Amendment 1: Remove the definition for "Conditional Use Permit". Chapter 8.08 (Definitions) currently contains a definition to describe a Conditional Use Permit. However, Conditional Use Permits are addressed in Chapter 8.100 of the Zoning Ordinance. No other permit types (such as Site Development Review, Zoning Clearance, etc.) are defined in Chapter 8.08. Additionally, Chapter 2.12.060 of the DMC does not define a Conditional Use Permit. Because this definition is not needed, and as written it is internally inconsistent with another chapter of the Municipal Code, Staff proposes to remove the following definition. - •_ .. ' e - - - ' - - - - .e=e of the Dublin Municipal Code. Proposed Amendment 2: Add definitions for "Apartment", "Condominium", "Senior Citizen Apartment", and "Townhouse", and revise the definition for "Duplex". Chapter 8.76 (Off-Street Parking and Loading) provides parking requirements by use type. This Chapter refers to residential product types such as apartments, condominiums, and single- family homes, but there are definitions for only a few of these. In order to aid in the implementation of the City's parking requirements, Staff proposes to add the following definitions to Chapter 8.08 (Definitions): Apartment. The term Apartment shall mean a multi-family building of three or more individual residential units that is under single ownership. Condominium. The term Condominium shall mean a multi-family building where the units are individually owned and the common space is owned collectively by condominium unit owners. Senior Citizen Apartment. The term Senior Citizen Apartment shall mean a multi-family building of three or more residential units that is under single ownership where all units are restricted to occupants aged 62 and above. Townhouse. The term Townhouse shall mean a single-family unit constructed in a group of three or more attached units in which each unit extends from the foundation to the roof and with its own front and rear access to the outside. A townhouse unit can be individually owned. 2 of 4 Staff proposes to amend the following existing definition in Chapter 8.08: Duplex. See Multifamily Residence A building on a single lot containing two dwelling units each of which is totally separated from the other by a shared wall that extends from the foundation to the roof. Proposed Amendment 3: Painting of vehicles in residential districts. The painting of vehicles in a residential district is currently prohibited by the Zoning Ordinance. Staff is proposing amendments to Section 8.40.030.E.7 and Section 8.76.060.J to bring further clarity to these regulations which seek to maintain the residential character of neighborhoods by eliminating the potential for unsightly conditions and the odor and noise associated with such activities. The following are the proposed amendments to the existing language. The proposed amendment to Section 8.40.030.E.7 will remove the word "motorized" from the description to clarify that whether it is an automobile, boat, trailer, or other type of vehicle, whether motorized or not, is not allowed to be painted in a residential area. Section 8.40.030.E.7 (Repair and maintenance of automobiles or other vehicles). The repair and maintenance of automobiles or other vehicles is permitted if work is being done on a vehicle registered to the occupant of the premises. Notwithstanding the above, painting of-metered vehicles, or the repair and maintenance of any tractor trucks or semi- trucks is prohibited in any residential zoning district. No sound associated with the repair or maintenance of automobiles shall be audible at the property line." Section 8.76.060.J (Repair; or dismantling of parked vehicles). No vehicle shall be parked in the Front Setback, area in front of a residence but behind the Front Setback, Street Side Setback in front of a fence, a Side Setback visible from the street, or driveway for the purpose of repair or dismantling or painting. Repair shall mean brake repair, engine or transmission repair or replacement, the replacement of parts under the hood of a vehicle (with the exception of fluids, batteries, and filters), and the replacement of parts under the vehicle. The proposed amendment will remove all reference to "painting" in this section. The Accessory Uses Section (Section 8.40.030.E.7) specifically prohibits the painting of vehicles in residential zoning districts, yet by referencing painting, Section 8.76.060.J seems to imply that there are locations in which someone could paint a vehicle at a residence. That is not the case. Proposed Amendment 4: Clarify parking requirements. Amend Section 8.76.080.B (Parking Requirements by Use Type — Residential Use Types) to add "townhouse" to the category of residential use types that require two enclosed garage parking spaces per unit and clarify where unenclosed/guest parking may be accommodated. Only the following rows in the table for this section are proposed to be changed, as follows: RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED Single-Family/Duplex/Townhouse 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* plus one parking space per dwelling unit provided in the driveway or on- street within 150 feet of that dwelling unit. 3 of 4 Staff has prepared draft Zoning Ordinance Amendments to address the proposed amendments described above, which are detailed in Exhibit A to Attachment 1. The Planning Commission is being asked to review the proposed Amendments and to provide a recommendation to the City Council (Attachment 1). CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The proposed Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable Specific Plans in that the General Plan and applicable Specific Plans include policies which support the development of residential uses and the proposed Zoning Ordinance Amendments facilitate residential development by bringing greater clarity and consistency to existing regulations. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A Public Notice was published in the Valley Times and posted at several locations throughout the City and provided to all parties who have requested such notice. The Staff Report for this public hearing was also made available on the City's website. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Pursuant to CEQA, Staff is recommending that the proposed Ordinance be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that may have the potential to cause a significant effect on the environment. The adoption of the proposed Ordinance is exempt from CEQA because the Ordinance does not allow the establishment of any use or the construction of any building or structure, but sets forth the regulations that shall be followed if and when a use is proposed to be established, or a building or structure is proposed to be constructed, or a site is proposed to be development. This Ordinance, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. ATTACHMENT: 1) Resolution recommending City Council approval of amendments to Dublin Zoning Ordinance Chapters 8.08 (Definitions), 8.40 (Accessory Structures and Uses Regulations), and 8.76 (Off-Street Parking and Loading Regulations), with the draft City Council Ordinance attached as Exhibit A. 4 of 4