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HomeMy WebLinkAboutOrd 01-19 Ammendments to Dublin Zoning Ordinance Chapters 8.08, 8.12, 8.40, 8.70, 8.72, 8.76, 8.80, 8.96 and 8.104 Effective City-Wide PLPA-2018-00030 ORDINANCE NO. 01 — 19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * ** APPROVING AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTERS 8.08, 8.12, 8.40, 8.70, 8.72, 8.76, 8.80, 8.96 and 8.104 EFFECTIVE CITY-WIDE PLPA-2018-00030 WHEREAS, the City occasionally 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; and WHEREAS, proposed amendments relate to amending Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses of Land), 8.40 (Accessory Structures and Uses Regulations), 8.70 (Recreational Facilities (Indoor)), 8.72 (Landscaping and Fencing Regulations), 8.76 (Off-Street Parking and Loading Regulations), 8.80 (Second Units Regulations), 8.96 (Permit Procedures), and 8.104 (Site Development Review); and WHEREAS, 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; and WHEREAS, pursuant to the CEQA, Staff is recommending that the Planning Commission recommend that the City Council find this project exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) will not have a significant effect on the environment; and WHEREAS, the Planning Commission held a duly noticed public hearing on the said application on November 13, 2018, during which all interested persons were heard, and adopted Resolution 18-27 recommending City Council adoption of the proposed Zoning Ordinance Amendments; and WHEREAS, a Staff Report was submitted to the Dublin City Council recommending approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the City Council held a public hearing on the proposing Zoning Ordinance Amendments on December 18, 2018, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations . and testimony herein above set forth and used its independent judgment to evaluate the project. • NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Ord No. 01-19, Adopted 1/8/2019, Item 4.5 Page 1 of 6 SECTION 1: Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable Specific Plans in that the Amendments are necessary to comply with State law and are consistent with applicable land use regulations and development policies. SECTION 2: 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 the CEQA, the City Council hereby finds the project exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) will not have a significant effect on the environment. The adoption of the proposed Ordinance does not, in itself, 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 developed. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. SECTION 3: Section 8.08.020 (Definitions (A-Z)) of the Dublin Municipal Code is hereby amended to replace the following definitions in their entirety: Eating and Drinking Establishment (use type). The term Eating and Drinking Establishment shall mean restaurants, banquet facilities, bars, microbreweries, and taverns and other establishments selling prepared foods and drinks for on-premise consumption, as well as drive-through restaurants, lunch counters and refreshment stands selling prepared food and drinks for either immediate or off- premise consumption, or other purveyors determined to be substantially similar to the above by the Director of Community Development. Boarding House (use type). The term Boarding House shall mean a housing unit used for residential purposes, other than a hotel, where lodging and meals for five or more non-transient persons, who are not living as a single housekeeping unit, are provided for compensation, whether direct or indirect. In determining the number of persons lodging in a boarding house, all residents shall be counted, including those acting as a manager, landlord or building superintendent. A Boarding House is considered to be a Multifamily Dwelling. Lot Coverage. The term Lot Coverage shall mean the maximum lot area which may be covered with buildings and structures. Buildings and structures include all land covered by Principal Buildings, garages and carports, Accessory Structures, covered decks and gazebos, and other enclosed and covered areas; but not standard roof overhangs, cornices, eaves, uncovered decks, swimming pools, paved areas such as walkways, driveways, patios, uncovered parking areas or roads. All areas of coverage are computed in terms of net lot area at ground level. Single-Family Residence (use type). The term Single-Family Residence shall mean a building designed for and/or occupied exclusively by a single housekeeping unit. Also includes factory-built housing, modular housing, manufactured housing, mobile homes, and the rental of bedrooms within a single-family dwelling to no more than four boarders. A residence with more than four boarders, Ord No. 01-19, Adopted 1/8/2019, Item 4.5 Page 2 of 6 where residents do not live as a single housekeeping unit, constitutes a boarding house, which is included within the definition of"Multi-Family Residence". SECTION 4: Section 8.08.020 (Definitions (A-Z)) of the Dublin Municipal Code is hereby amended to add the following definitions: Boarders. The term Boarders shall mean a person who receives regular lodging rights (including but not limited to a place to eat and sleep) in return for compensation, whether direct or indirect. Off-Street Loading Space. Off-Street Loading Space shall mean an area designated for temporary parking for purposes of on- and off-loading. Single Housekeeping Unit. The term Single Housekeeping Unit shall mean a residence with two or more members, whose members are a non-transient interactive group of persons jointly occupying a single dwelling unit, including but not limited to the joint use of common areas and sharing household activities and responsibilities such as meals, chores and expenses. SECTION 5: Section 8.12.050 (Permitted and Conditional Permitted Land Uses, Regulations, and Performance Standards) of the Dublin Municipal Code is hereby amended to replace "Family Day Care Home/Large (up to 14 children)" as follows: RESIDENTIAL USE TYPES RESIDENTIAL USE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 TYPE Family Day Care ZC/MUP ZC/MUP ZC/MUP ZC/MUP - - - - - - - Home/Large(up to 14 children) SECTION 6: Sections 8.40.020.F.1.d (Maximum square footage of detached accessory structures (excluding swimming pools) on a lot) and 8.40.020.F.2.e (Guesthouses) of the Dublin Municipal Code are hereby amended to read as follows: d. Maximum square footage of detached accessory structures (excluding swimming pools) on a lot. One accessory structure in the Rear Yard with a maximum of 120 square feet shall be exempt from the Coverage Requirements. For lots 5,000 square feet in size or larger, the combined maximum square footage of all accessory structures on a lot such as a detached accessory garage, workshop, studio, or office shall not exceed 1,000 square feet unless a larger size is approved by the Zoning Administrator by means of a Conditional Use Permit. Rev. Ord. 16-02 (October 2002) e. Guesthouses. A detached Guesthouse accessory structure may be established on the lot of a single-family residence, as follows: Ord No. 01-19, Adopted 1/8/2019, Item 4.5 Page 3 of 6 1. Permitted and prohibited spaces. A guesthouse may contain a sleeping space, bathroom and other living space, but may not contain kitchen facilities. 2. Floor area limitation. The maximum floor area allowed for a guesthouse is 50% of the habitable floor area of the main residence, up to a maximum of 840 square feet. SECTION 7: Section 8.70.030.A (Permitted in the C-1, C-2, M-P, M-1, M-2, and Certain Planned Development Zoning Districts) of the Dublin Municipal Code is hereby amended to read as follows: A. Permitted in the C-1, C-2, M-P, M-1, M-2, and Certain Planned Development Zoning Districts. An Indoor Recreation Facility may be established only in the C-1, C-2, M-P, M-1, M-2 Zoning Districts, Downtown Dublin Zoning District, and Dublin Crossing Zoning District. An Indoor Recreation Facility may also be established in a Planned Development (PD) Zoning District if not specifically prohibited by the PD regulations and if the project site has an underlying Commercial or Industrial General Plan Land Use designation. Any PD regulations which require a Conditional Use Permit for an Indoor Recreation Facility shall be superseded by this Chapter. Any Indoor Recreation Facility in a PD Zoning District, unless specifically prohibited or expressly permitted by right, shall be subject to the requirements of this Chapter. Rev. Ord. 4-10 (February 2010); Ord. 15-09 (November 2009) SECTION 8: Section 8.72.080.E (Prohibited Fence Materials) of the Dublin Municipal Code is hereby amended to read as follows: E. Prohibited fence materials. The use of barbed wire, electrified fence, razor wire fence, or other similar material as determined by the Director of Community Development, in conjunction with any fence, wall, or hedge, or by itself within any zoning district, is prohibited unless permitted by a Conditional Use Permit, or required by a law or regulation of the City, the State, or the Federal Government. SECTION 9: Section 8.76.070.A.7 (Dimensional Requirements) is hereby amended to spell out "Compact" and "Full" in column "A (in degrees)" of Table 76-1 and replace the wording below Table 76-1 in its entirely to read as follows: A = Parking Angle, B = Stall Width, X = Stall Length, C = Stall Depth, D = Aisle Width, E = Curb Length Per Car, F= Edge to Edge Width of Double Row.and Aisle *The Director of Public Works may require a larger back-up distance where sight distances are inadequate and for multi-family residential developments. SECTION 10: Section 8.76.090 (Loading Requirements) of the Dublin Municipal Code is hereby amended to read as follows: Ord No. 01-19, Adopted 1/8/2019, Item 4.5 Page 4 of 6 Off-street freight and equipment loading spaces shall be provided for offices, hospitals, institutions, hotels, senior group housing, schools, day care centers, and other commercial and industrial land uses. A minimum of one loading space shall be provided or as determined by the Director of Community Development based upon the requirements for comparable uses and upon the particular characteristics of the proposed use. SECTION 11: Section 8.80.040.A (Permitted in the R-1 District and Certain Planned Development Districts) of the Dublin Municipal Code is hereby amended to read as follows: 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 which specifically allows second units or in a Planned Development zoning district which is subject to underlying R-1 standards where second units are not specifically prohibited by the PD regulations. Any PD development regulations that are more restrictive than this Chapter shall be superseded by this Chapter and shall be subject to the requirements of this Chapter. SECTION 12: Section 8.96.020.E (Time Extension) of the Dublin Municipal Code is hereby amended to read as follows: E. Time Extension. The Director of Community Development may, upon the Applicant's written request for an extension of approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed 12 months. The Director of Community Development may grant a maximum of two extensions of approval, and additional extensions may be granted by the original decision maker. SECTION 13: Section 8.104.030.A.1.a (Single-Family and Two-Family Residential Improvements) of the Dublin Municipal Code is hereby amended to read as follows: A. Single-Family Residential Landscape Modification. In a Planned Development Zoning District with residential uses, the removal of a tree which is part of the streetscape of a development or is required by the Conditions of Approval, but which is proposed to be replaced with the same or a different species. SECTION 14: 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. Ord No. 01-19, Adopted 1/8/2019, Item 4.5 Page 5 of 6 • SECTION 15: 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 this 8th day of January 2019, by the following vote: AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert NOES: ABSENT: ABSTAIN: Ma or ATTEST: C-4-0 City Clerk Ord No. 01-19, Adopted 1/8/2019, Item 4.5 Page 6 of 6