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HomeMy WebLinkAbout6.09 Sleeping in Vehicles Ordinance • L-3U --c; AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 13, 1987 SUBJECT: Public Hearing: PA 87-015 Zoning Ordinance Amendment - Sleeping in Vehicles EXHIBITS ATTACHED: Exhibit A: Draft Zoning Ordinance Relating to Sleeping in Vehicles Exhibit B: Resolution Adopting Negative Declaration PA 87-015 Zoning Ordinance Amendment - Sleeping in Vehicles Background Attachments: 1. Planning Commission Resolution No. 87-008 Recommending Adoption of Zoning Ordinance Amendment 2. Memo from Assistant City Attorney and Attachment Dated February 23, 1987 3. City Council Ordinance No. 3-86 Regarding Recreation Vehicles RECOMMENDATION: 1. Open public hearing. 2. Receive Staff presentation. 3. Receive public testimony. 4. Close public hearing and deliberate. 5. Adopt Resolution for Negative Declaration for PA 87-015 Zoning Ordinance Amendment Sleeping in Vehicles. 6. Waive reading and introduce Ordinance Amending City Zoning Ordinance Relating to Sleeping in Vehicles. FINANCIAL STATEMENT: None. DESCRIPTION: The Police Department recently encountered a problem with enforcing the City's Zoning Ordinance regulating Sleeping in Vehicles on commercial lots. Section 8-60.33 (General Requirements - Yard Regulations) of the City's Zoning Ordinance states in part that: • "No mobilehome, recreational vehicle, utility trailer, unmounted camper top, boat, car, truck, or other vehicle parked or stored on a lot, shall be occupied for living, sleeping, or any other purpose except as legally allowed in a bona fide trailer park. No mobilehome, recreational vehicle, utility trailer, unmounted camper top, boat, car, truck, or other vehicle parked upon any public right-of-way, shall be occupied for living or sleeping purposes." The District Attorney felt that the Ordinance does not clearly prohibit sleeping in vehicles on commercial lots in that the Ordinance does not explicitly state that it is prohibited in commercially zoned districts. ITEM NO. 609 COPIES TO: File PA 87-015 . ;�a-7 r 'sG,•titr^Y'S� v F-*.r ^" <;; a'£'°y"�4:?c ,a$'r.� '"."''"+9"ns"f` �vi"'-_',. .Sr v t' AT^a .� ..`-_`7-:.,..."z a....,3..:..:�.<... ._a ,..-,ot.i .�..r.->.; .t`K!:.'ec.SE'z-....::.. ., z',as8'S. a...�?'?:.c•,,�"'_fIi€e' {- `"'�:,cd_.�;.. .. b _`. K., . 9t.'s'. f'�,�",'�.arv�c -` i1.'�+ .... The Assistant City Attorney reviewed the existing Ordinance and proposes an Ordinance Amendment to include the phrase "in any Zoning District" . "No mobilehome, recreational vehicle, utility trailer, unmounted camper top, boat, car, truck, or other vehicle parked or stored on a lot in any zoning district shall be occupied for living, sleeping, or any other purpose except as legally allowed in a bona fide trailer park, mobilehome park, or recreational vehicle park. No mobilehome, recreational vehicle, utility trailer, unmounted camper top, boat, car, truck, or other vehicle parked upon any public right-of-way, in any zoning district shall be occupied for living or sleeping purposes. Violation of the provisions of this section shall constitute a misdemeanor." It is expected that the prosecution of individuals sleeping in vehicles will be easier with adoption of this amendment to the Ordinance. In conjunction with this Amendment relating to Sleeping in Vehicles, Staff has reorganized and established section numbers for Section 1. E of City Ordinance No. 3 - 86 (adopted March 10, 1986) which previously amended Section 8-60.33 of the City's Zoning Ordinance (see Attachment 1) . The reorganization proposed in the draft Ordinance is intended to enhance the usability and readability of the existing Ordinance, and does not amend the content or meaning of the Ordinance. At the February 17, 1987, Planning Commission meeting, the Commission considered the proposed Ordinance Amendment and adopted a Resolution recommending approval of the Ordinance. The Assistant City Attorney subsequently reviewed the draft Ordinance and recommended minor word changes which have been incorporated in the Ordinance (Exhibit A) . Staff recommends the City Council: 1) adopt the Resolution (Exhibit B) adopting the Negative Declaration; and 2) waive the reading and adopt the Ordinance Amending the Zoning Ordinance Regarding Sleeping in Vehicles (Exhibit A) . • ..--..... ._ ._....�.......a...r..•re... _ 'z.. -rr.n__ .....t�TO.3�.5^'.;'h.SC! .A,..m.�i Y^:Mn-i?.N.+N'_c:!•W .. ..-. -.... i.. f_.. .... .._a..r __ .. _ • • ORDINANCE NO - 87 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE CITY ZONING ORDINANCE RELATING TO SLEEPING. IN VEHICLES WITHIN ANY ZONING DISTRICT, AND AMENDING SECTION 8-60.33 - YARD REGULATIONS The City Council of the City of Dublin does ordain as follows: Section 1. That Section 8-60.33 YARD REGULATIONS of the Dublin Zoning Ordinance (as previously amended under City of Dublin Ordinance No. 3 - 86) is hereby amended to read as follows: "8.60.33 YARD REGULATIONS. In order to secure minimum basic provision for light, air, privacy, and safety from fire hazards, it is required that every building shall be upon a building site of dimensions such as to provide for the yards specified for the zoning district in which the lot is located, and the following sections shall apply and control. Every such yard shall be open and unobstructed from the ground upward, except as otherwise provided for accessory buildings in Sections 8-60.27, 8-60.31, and 8-60.32, for fences in Sections 8-60.53 and for other buildings in Section 8-60.37, and for signs as regulated by Section 8-60.65 and Section 8-60.59 (b) ." Section 2. That Section 8-60.33.1 STORAGE OF VEHICLES IN YARDS of the Dublin. Zoning Ordinance is hereby added to read as follows: "8-60.33.1 STORAGE OF VEHICLES IN YARDS. The following provisions shall relate specifically to the parking or storage of a mobilehome, recreational vehicle, utility trailer, unmounted camper top, boat, car, truck, or other vehicle (referred to herein collectively as a "vehicle") in any zoning, district. Violation of the provisions of this section shall constitute a misdemeanor. a) A mobilehome, recreational vehicle, utility trailer, unmounted camper top, boat, car, truck, or other vehicle stored as herein provided shall be owned by. the occupants of the premises upon which it is stored. b) At no time shall a stored vehicle be located on a corner lot within thirty (30) feet of the intersection of the street lot lines or projection of such lines. c) At no time shall a stored or parked vehicle encroach in, over, across or upon the sidewalk. d) At no time shall a stored or parked vehicle be located within twenty (20) feet of the corner common to a corner lot and a key lot in any R District. -1- . ..4.-4,4,4. ,r eil"'.d-I""" e sr_'' ,}4 e) At no time shall a mobilehome, recreational vehicle, utility trailer, unmounted camper top, boat, car, truck, or other vehicle parked or stored on a lot in any zoning district be occupied for living, sleeping, or any other purpose except as legally allowed in a bona fide trailer park, mobilehome park, or recreational vehicle park. f) At no time shall a mobilehome, recreational vehicle, utility trailer, unmounted camper top, boat, car, truck, or other vehicle parked upon any public right-of-way in any zoning district be occupied for living or sleeping purposes. ' • g) Figure 1 of Section 8-60.33.1 entitled "Areas On A Typical Residential Lot" is made a part of this Ordinance and the numerical designations of areas of the. typical corner lot shall be used to define the areas for storage of recreational vehicles as hereafter set forth. 1. Front: A mobilehome, recreational vehicle, utility trailer, unmounted camper top, boat, car; truck or other vehicle may be parked or stored in: a. Areas 5, 5b or 6 - provided that: 1) the parking or storage is on a concrete pad, or similar all weather surface; and 2) the parking or storage is accessed by a curb cut in conformance with the Standard Plans of Alameda County as adopted and established by the City Engineer; and 3) that the parked or stored item is validly licensed and operable at all times; and 4) only one item may be parked or stored in the combined areas of 5, 5b or 6. b. Area 5a - provided that the parked or stored item is validly licensed and operable at all times. 2. Rear or Side: A mobilehome, recreational vehicle, utility trailer, unmounted camper top, boat, car, truck, or other vehicle may be parked or stored in: a. Areas 1, 2 and 3 - provided that: 1) the parked or stored item is screened from view from the street and adjoining lots by a six foot high fence, wall, hedge or equivalent screening; and 2) an access and curb cut is provided for the parking or storage in conformance with the Standard Plans of Alameda County as adopted and established by the City Engineer; and 3) there is one unobstructed sideyard at all times. -2- 8-60.33.1 Figure 1 • AREAS ON A TYPICAL - 2 - • 3 RESIDENTIAL LOT 0 ' . ... .117-,1------. ---...* . ' - - I) Rear Yard •' 2) Area between Rear Yard- . 1 • ( _� and rear of Main Building MAIN BUILDING 4 3) Side Yard I 4) Area. between Side Yard and adjacent side wall >_1 5) Front. Yard _,1 — a) Front Yard = driveway h. - b) Front Yard = narrower I 1,1 �1_ of two areas along 0(I) I side of driveway f I i - -)C - ,,1 1 6) Area between Front Yard I I 1 - and front of Main i = � ' Building • • 0 • - i 0 . ! I . • • •. ta 1 . • a) _. . - 1 . K 30' J. / k SIDEWALK • [ - t 1 } _ ..... it___:__ ..AJ - --J I. • -3- Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, the validity of the remaining portions of this Ordinance shall not be affected thereby. . Section 4. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. 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 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this day of , 1987, by the following votes: AYES NOES: ABSENT: Mayor ATTEST: City Clerk • -4- • a. t .. .._r, : :.. - T- 7 77 7:77 , :_.<r, s„ H4[TIaC 4:?14 , ys -c g 77 _... RESOLUTION NO. - 87 A RESOLUTION OF THE CITY COUNCIL , OF THE CITY OF DUBLIN ADOPTING A NEGATIVE DECLARATION FOR PA 87-015 ZONING ORDINANCE AMENDMENT - SLEEPING IN VEHICLES WHEREAS, the Dublin Police Department encountered a problem with individuals sleeping in vehicles on commercially zoned parking lots; and WHEREAS, the District Attorney has determined the City's existing Zoning Ordinance does not explicitly state that sleeping in vehicles on lots within a commercial district is prohibited; and WHEREAS, a draft Ordinance amending the City's Zoning Ordinance regarding Sleeping in Vehicles in any zoning district and reorganizing Section 8-60.33 YARD REGULATIONS has been prepared; and WHEREAS, on February 17, 1987, the Planning Commission recommended City Council approval of the Draft Ordinance relating to Sleeping in Vehicles . in any zoning district; 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 impact and that environmental. documents be prepared; and WHEREAS, an Initial Study was conducted finding that the project, as proposed, would not have a significant effect on the environment; and WHEREAS, a Negative Declaration has been prepared for this applicaton; and WHEREAS, public notice of the Negative Declaration was given in all aspects as required by State Law; and WHEREAS, the City Council did review and consider the Negative Declaration at a public hearing on April 13, 1987; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find: 1. That the project will not have a significant effect on the environment. 2. That the Negative Declaration has been prepared and processed in accord- ance with State and local environmental laws and guideline regulations. 3. That the Negative Declaration is complete and adequate. BE IT FURTHER RESOLVED THAT THE Dublin City Council hereby adopts the Negative Declaration for PA 87-015 Zoning Ordinance Amendment. - Sleeping in Vehicles. PASSED, APPROVED AND ADOPTED this 13th day of April, 1987. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk yrnrr _ T: f r---N , , K__y ,_., RESOLUTION NO. 87 - 008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING ADOPTION OF PA 87-015 ZONING ORDINANCE AMENDMENT • REGULATING SLEEPING IN VEHICLES : WHEREAS, the Dublin Police Department encountered a problem with individuals sleeping in vehicles on commercially zoned parking lots; and WHEREAS, the District Attorney determined the City's existing Zoning Ordinance does not explicitly state that sleeping in vehicles on lots within a commercial district is prohibited; and WHEREAS, a draft Ordinance amending the City's Zoning Ordinance regarding Sleeping in Vehicles in any zoning district and reorganizing Section 8-60.33 YARD REGULATIONS has been prepared; and WHEREAS, the Planning Commission held a public hearing on said draft Ordinance on February 17, 1987; and WHEREAS, notice of said public hearing was provided in all respects as required by law; and WHEREAS, said draft Ordinance has been reviewed in accordance with the provisions of the California Environmental Quality Act and a Negative Declaration of Environmental Significance has been prepared for this project as it will not have a significant effect on the environment; and WHEREAS, a Staff Report was submitted regarding said draft Ordinance; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations, and testimony as hereinabove set forth; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that the draft Ordinance Amendment is consistent with the • City's General Plan. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend the City Council adopt the Zoning Ordinance Amendment relating to Sleeping in Vehicles in any zoning district (Exhibit A) . PASSED, APPROVED AND ADOPTED this 17th day of February, 1987. • AYES: Commissioners Burnham, Mack, Petty and Raley NOES: None ABSENT: Commissioner Barnes ...7- 6(:)-4 . Planning Commission Chairpe94n ATTEST: I l.....4 111.1.L_Is: T . - 'Planning Director 111 ;a ....3 i r,, i 1 L 9 MEYERS, NAVE; RIBACK &WEST MICHAEL R.NAVE ATTORNEYS AT LAW STEVEN R.MEYERS PENINSULA OFFICE S STEVE E E.WEST CIVIC CENTER COMPLEX 1220 HOWARD AVE.,SUITE 250 ELIZABETH H.SILVER 835 EAST 14TH STREET BURLINGAME,CA 94010 MICHAEL S.RIBACK . SAN LEANDRO,CALIFORNIA 94577 (415)348-7730 (415)577-3333 OF COUNSEL R E C E I V E D MARIN OFFICE THOMAS F.BERTRAND 1202 GRANT AVE.,SUITE E (� 7 NOVATO.CA 94947 FEB 2 4 1987 (415)892.8878 DUBLIN PLANNING REPLY TO: MEMORANDUM TO: Maureen O'Halloran, Associate Planner DATE:' 2/23/87 • FROM: Elizabeth H. Silver, Assistant City Attorney- RE: Sleeping in Vehicles I have reviewed the proposed order you sent by memo dated February 20 , 1987 and have made a few changes (on the first page only) which are indicated in red ink on the enclosed copy of the ordinance. Elizabeth H. Silver EHS:dp Enclosure • • • ^tee ?1Sa:4 a' ;:a i 4 a wri-, • eft RECEIVED FEB p 41087 • ORDINANCE NO. - 87 DUBLIN PLANNING • AN ORDINANCE OF THE CITY OF- DUBLIN AMENDING THE CITY ZONING ORDINANCE RELATING TO SLEEPING IN VEHICLES WITHIN ANY ZONING DISTRICT AND G SECTION 8-60.33 - YARD REGULATIONS i4/77eW6/4/cr The City Council of the City of Dublin does ordain as follows: Section 1. That Section 8-60.33 YARD REGULATIONS of the Dublin Zoning Ordinance (as previously amended under City of Dublin Ordinance No. 3 - 86) is hereby amended to read as follows: "8.60.33 YARD REGULATIONS. In order to secure minimum basic provision for light, air, privacy, and safety from fire hazards, it is required that every building shall be upon a building site of dimensions such as to provide for the yards specified for the zoning district in which the lot is located, and the following sections shall apply and. control. Every such yard shall be open and unobstructed from the ground upward, except as otherwise provided for accessory buildings in Sections 8-60.27, 8-60.31, and 8-60.32, for fences. in Sections 8-60.53 and for other buildings in Section 8-60.37, -and for signs as regulated by Section 8-60.65 and Section 8-60.59 (b) ." Section 2. That Section 8-60.33.1 STORAGE OF VEHICLES IN. YARDS of the Dublin Zoning Ordinance is hereby added to read as follows: �ov�l�?n"8-60.33.1 STORAGE OF VEHICLES IN YARDS. The following r s shall relate specifically to the parking or storage of a mobilehome, recreational vehicle, utility trailer, unmounted camper top, boat, car, truck, or other (A efcrred to vehicl) in any zoning district. Violation of the provisions hercih cDllec/iut(1 of this section shall constitute a misdemeanor. G..s . '`Vth,'Cic.")1 a) A mobilehome, recreational vehicle, utility trailer, • unmounted camper top, boat, car, truck, or other vehicle stored as herein provided shall be owned by the occupants of the premises upon which it is stored. veh e b) At no time shall titre stored ism be located on a corner lot within thirty (30) feet of the intersection of the street lot lines or projection of such lines. Vehocie c) At no time shall tins stored or parked i-cen encroach in, over, across or upon the sidewalk. vekecf d) At no time shall tht stored or parked i-tern be located within twenty (20) feet of the corner common to a corner lot and a key lot in any R. District. • -1- • ORDINANCE NO. 3-86 AN ORDINANCE OF 'iliE QTY OF DUBLIN AMENDING CERTAIN PROVISIONS OF CHAPTER 2 OF TITLE 8 OF THE DUBLIN ZONING ORDINANCE REGARDING..P.I °EATIONAL VEHICLES (R. V. ORDINANCE) The City Council of the City of Dublin does ordain as follows: SECTION 1 AMENDMENTS: A. Section 8-21.2.2 is added to read as follows: "Section 8-21.2.2 HOUSE CAR. A 'house car' is a motor vehicle which was originally designed, or permanently altered, to be equipped for • human habitation, or to which a camper has been permanently attached." • B. Section 8-22.12.7 is added to read as follows: "Section 8-22.12.7.STORAGE. The term 'storage' or 'store' shall mean to place or keep an item on a lot for not less than seventy-two (72) consecutive hours." C. Section 8-22.51 is amended to read as follows: "Section 8-22.51 RECREATIONAL VEHICLE. 'Recreational vehicle' means a vehicle with or without motive power, designed for human habitation for recreational or emergency occupancy. The term 'recreational vehicle' includes, but is not limited to, camp cars, motor homes, travel trailers, tent trailers, pickup truck carvers, and house cars. For the purposes of this section, references to types of conveyances shall have the same meanings as defined in the California State Vehicle Code, where such definitions are available." D. Section 8-23.2.1 is added to read as follows: "Section 8-23.2.1 VEHICT.F . A 'vehicle' is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationa=ry rails or tracks." • E. Section 8-60.33 is amended to read as follows: "Section 8-60.33 YARD REGULATIONS. In order to secure minimum basic provision for light, air, privacy, and safety from fire hazards, it is required that every building shall be upon a Buildina Site of dimensions such as to provide for the yards specified for the District in which the lot is located, and the following sections shall apply and control. Every such Yard shall be open and unobstructed from the ground upward, except as otherwise provided for Accessory Buildings in Sections 8-60.27, 8-60.31, and 8-60.32, for fences in Section 8-60.53 and for other buildings in Section 8-60.37 and for signs as regulated by Section 8-60.65 and Section 8-60.59(b) . • -1- akaawm , i; � • • • A Mobilehome, Recreational Vehicle, utility trailer, unmounted camper top, boat, car, truck, or other-vehicle stored as herein provided shall be owned by the occupants of the premises upon which it is stored. • F. Section 8-63.2 is amended to read as follows: "Section 8-63.2 PARKING SPACES: ACCESSIBILITY. These regulations are intended to provide off-street spaces for the parking of the automobiles of tenants of the premises and visitors in the cases of residential uses, and for clients, customers, employees and callers in the case of nonresidential uses:. Off-street spaces are required.to be kept accessible for these purposes continuously, and the use of any such required space or spaces, or of any driveway or maneuvering space • necessary to provide access thereto for the storage of inoperable motor vehicles, 'structures, materials or goods of any kind shall constitute discontinuance thereof in violation of Section 8-63.1." SECTION 2 EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be. in force ninety, (90) days from and after the date of its passage. 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 36933 of the Government Code of the State of California. • PASSED AND ADOPTED BY THE CITY COUNCIL.OF THE CIT`_' OF DUBLIN on this 10th day of to rch, 1986, by the following votes: • AYES: Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and Mayor Snyder NOES: None ABSENT: None 7 t:ayo- • • ATTEST: City Clerk • • • -3- . • • • —_ i ...44, ..---- ......., ...;,...., ,...;- v/./.I . AREAS ON A TVPICAL 1 . RESIDENTIAL LOT O d 3 - •1O -�— 1) Rear Yard l !'' 2) Area between Rear Yard- a, . nd rear of Main Building MAIN BUILDING 3) Side Yard 1 •i. �4) Area. between Side Yard ` and adjacent side wall • 1 5) Front Yard i,. . I i It a) Front Yard = driveway li= •� b) Front Yard = narrower—t��— � of two of along © ® •; • f -` I.1 r side of driveway - \ _ _ • 1 I ?1 l 6) Area. between Front Yard I . and f front -•; Building 3 •. • . 11) • ! • / . iN \\ a 1 . ',..mrr , _ © - i• 1 ® • N. i . I . 1: 3&' > A N SIDEWALK • . _ — � . —,......n. . 4- . _ i 4 . _ 1 i . : • . , , , . , , . ...�..._.._..- ..—__. -.-�.-._. -+w _.�.e.. w•nnrr.rr tca�F.1xN.:+7!'>='Ff7ueh:r:.%•!:ti.:Y+T:�:31.i::4�«:..__•:9i J% s':':>!r.•. . . :,•._ • _ ..- .