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Home My WebLink AboutOrd 01-04 AmdMuniCode ORDINANCE NO. 1 - 04 AN .ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 8.08, DEFINITIONS; CHAPTER 8.40, ACCESSORY STRUCTURES AND USES REGULATIONS; CHAPTER 8.64, HOME OCCUPATION REGULATIONS; AND CHAPTER 8.116, ZONING CLEARANCE OF THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE), PA 03-052 WHEREAS, the City of Dublin has determined that Chapter 8.08, Definitions; Chapter 8.40, Accessory Structures and Uses Regulations; Chapter 8.64, Home Occupation Regulations; and, Chapter 8.116, Zoning Clearance of the Dublin Municipal Code (Zoning Ordinance), must be revised to clarify and improve the Ordinance; and ~ WHEREAS, the California Environmental Quality Act (CEQA), together with' the State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impacts and.that environmental docUment~°lSe prepared; and WHEREAS, the project has been found to be Exempt from the California Environmental Quality Act (CEQA), according to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the amendments to the Dublin Municipal Code (Zoning Ordinance) may have a significant effect on the environment; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project on December 9, 2003, and did adopt Resolution 03-54 recommending that the City Council approve amendments to the Dublin Municipal Code (Zoning Ordinance); and WHEREAS, a properly noticed public hearing was held by the City Council on January 6, 2004; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the amendments to the Dublin Municipal Code (Zoning Ordinance); and WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council fmds that the amendments to the Dublin Municipal Code (Zoning Ordinance)are consistent with the Dublin General Plan and all applicable Specific Plans; 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. The de£mitions of AutomobileNehicle Storage Lot (use type) and Community Facility (use type) contained in Section 8.08.020, Definitions, of the Dublin Municipal Code (Zoning Ordinance) is amended to read as follows: Automobile/Vehicle Storage Lot (use type). The term Automobile/Vehicle Storage Lot shall mean an establishment Providing for the storage of operable automobiles, tracks, recreational vehicles, boats and trailers, and other vehicles determined to be.~substantially similar to the above as determined by the Director of community Development. Community Facility (use type). The term Community Facility shall mean any of the following uses or buildings: Place of Worship, rectOry. or convent; school attendance at which satisfies the requirements of the Compulsory Education Law of the' State; library; college; tmiversity; public utility building or uses; pipelines and transmission lines, park-and-ride lots, publicly-owned storage garage, repair shop, or corporation yard; water extraction and/or storage facility; or other similar use ~or structure determined to be substantially similar to the abOve by the Director of Community 'Development. Section 2. Subdivision E.5 of Section 8.40.030, Home Occupations, of the Dublin Municipal Code (Zoning Ordinance) is amended to read as follows: Home Occupations. Home Occupations are subject to the provisions of Chapter 8.64, Home Occupation Regulations. Section 3. Subdivision E.6 of Section 8.40.030, Offices, Studios, or Workshops, of the Dublin Municipal Code (Zoning Ordinance) is hereby deleted. Section 4. Subdivision A of 8.64.030, Accessory Structure/Temporary Structure, of the Dublin Municipal Code (Zoning Ordinance) is amended to read as follows: Accessory Structure/Temporary Structure. No Home Occupation, except for detached offices, studios, or workshops used to carry on administrative or artistic activities of a commercial nature, may be conducted within an Accessory Structure or a temporary structure. Section 5. Subdivision H of Section 8.64.030, Fire Safety/Occupancy, of the Dublin Municipal Code (Zoning Ordinance) is amended to read as follows: Fire Safety/Occupancy. Activities conducted~ and equipment or material used~ as part of a Home Occupation shall be restricted to residential occupancy classifications as set forth in the Building Code. The Home Occupation shall not reduce the fire safety classification of a residence or an accessory structure, or_employ the storage of flammable, explosive, or hazardous materials unless specifically approved by the Alameda County Fire Department. 2 Section 6: Subdivision~J of Section 8.64.030, Indoors/Limited to one room, 'of the Dublin Mtmicipal Code (Zoning Ordinance) is amended to read as follows: Indoors/Limited to one room. The Home Occupation shall be conducted indoors and shall be limited completely to one room located within the residence, an accessory structure, or the garage. Se,ct. ion 7,~ Subdivision O of Section 8.64.030, Rented Property, of the Dublin Municipal Code (Zoning Ordinance) is amended to read as follows: 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. Section 8. Subdivision P of Section 8.64.030, Repair or Dismantling of Vehicles Within a Garage, of the Dublin Municipal Code (Zoning Ordinance) is hereby deleted. Section 9. Chapter 8.64.050, Violation, of the Dublin Municipal Code (Zoning Ordinance) is added to read as follows: 8.64.050 Violation. Any violation of the regulations of this chapter is cause for revocation of the Business License issued pursuant to Section 8.96.020 of this Code. Section 10. Section 8.116.010, Purpose, of the Dublin Municipal Code (Zoning Ordinance) is amended to read as follows: 8.116,010 Purpose. The purpose of this Section is to establish a procedure for certifying conformance of a Building Permit, or Sign, application with the requirements of this Title, the General Plan, any applicable Specific Plans, and the terms and conditions of any applicable permits or variances. Section 11. Section 8.116.030, Application, of the Dublin Municipal Code (Zorfing Ordinance) is amended to read as follows: 3 8.116.030 Application. The Applicant shall submit a complete application for a Building Permit (for a structure or a sign). Section 12. Conforming Amendments. Chapters 8.08, 8.40, 8.64, and 8.116 of the Dublin Municipal Code (Zoning Ordinance) shall be re- numbered and/or re-lettered as necessary to accommodate and/or reflect the foregoing amendments. Section 13. Severabili .ry., 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 circmstances, 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 14. 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 20m day of January 2004, by the following votes: AYES: Counciimembers McCormick, Oravetz, Sbranti and Mayor Pro Tempore Zika NOES: None ABSENT: Mayor Lockhart ABSTAIN: None ATTEST: K2/G/1_ Item 6.2)