HomeMy WebLinkAbout03-028 ZOrd Amd RecVeh
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: NOVEMBER 23,2004
SUBJECT:
P A 03-028, Zoning Ordinance Amendment Regarding Off-Street
Parking of Recreational VehicIes Regulations
(Report Prepared by: Andy Byde, Senior Planner) ~
ATTACHMENTS:
1. Location of Allowed Parking Spaces on a Residential Lot;
2. Resolution Recommending City Council Adopt a Zoning Ordinance
Amendment;
3. Draft Ordinance amending Title 8 of the Dublin Municipal Code;
4. Zoning Ordinance, Off-Street Parking and Loading Regulations,
Recreational Vehicle Parking in Residential Area, Section
8.76.060.£ and 8.76.070(A)(14)(a).
5. City Council Agenda Statement without Attachments of November
4,2003;
6. City Council Minutes of November 4,2003; and
RECOMMENDATION: 1.
2.
2.
3.
4.
Open Public Hearing; and receive Staff presentation;
Take testimony from the public;
Question Staff and the public;
Close Public Hearing, deliberate; and
Adopt Resolution (Attachment 2) recommending the City Council
Amend the Zoning Ordinance regarding Off-Street Parking of
Recreational Vehicle Regulations.
BACKGROUND:
Off-Street Parkin>! Re>!ulations:
A recreational vehicle, as defined by the Zoning Ordinance, includes motor homes, travel trailers, utility
trailers, boats on trailers, horse trailers, campers where the living area overhangs the cab, camping trailers,
or tent trailers, with or without motive power.
Chapter 8.76 of the Dublin Zoning Ordinance regulates the location of required parking spaces on a
residential lot and allows recreational vehicles to be parked in the following areas: (1) the driveway (gray
area shown on Attachment 1); (2) the area between the driveway and the nearest side lot line (yellow area
shown on Attachment 1); and (3) the side yard, and the rear yard (the blue area shown on Attachment 1).
A maximum of one recreational vehicle may be parked/stored in the driveway or the area between the
driveway and the nearest side lot line (the gray or yellow area shown on Attachment 1), provided that: (1)
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the vehicle does not encroach within one foot of the public right-of-way; (2) does not cross from the
driveway and the nearest side lot line into the side yard area (the area shown as blue on Attachment I); (3)
is parked on a paved, all-weather surface; (4) is owned and registered to the occupants of the premises
upon which it is parked/stored; and (5) is not used for living or sleeping purposes. A maximum of two
recreational vehicles are allowed to be parked in the required side or rear yards (the blue area shown on
Attachment 1) if screened by a 6-foot high fence.
Previous Citv Council Hearinf!s and Direction
At the October 15, 2002, City Council meeting, the City Council directed Staff to prepare a report
regarding the off-street parking of recreational vehicles in residential areas. In January of 2003, Staff
returned to the City Council with a general report on recreational vehicles. The report discussed the
history of regulating recreational vehicles within Dublin; the current regulations for off-street parking as
they relate to recreational vehicles; and an inventory of existing recreational vehicles parked in off-street
locations. At the conclusion of the January meeting, the City Council directed Staff to return with
examples of heights and lengths of recreational vehicles and some potential size limitations for evaluation.
On June 17, 2003, Staff returned to the City Council with examples of heights and lengths of recreational
vehicles with potential size limitations for evaluation. At the conclusion of the June meeting, the City
Council directed Staff to evaluate modifying the current regulations for recreational vehicle parking to
allow for more flexibility in parking a recreational vehicle on a single family lot and to evaluate the
resulting impacts from modifying the regulations.
Specifically. the City Council directed Staff to evaluate modifying the requirement that recreational
vehicles cannot cross from the nearest side lot line area into the side yard area (from the yellow into the
blue area as shown on Attachment 1). Currently, the recreational vehicle regulations state that a 6-foot
fence must screen any vehicles parked within the side yard.
As part of evaluating the contemplated change to the recreational vehicle parking regulations, the City
Council requested the Planning Commission to provide input to the contemplated changes and any other
modifications it felt were appropriate.
At the August 12, 2003, Planning Commission meeting, the Planning Commission discussed the
appropriateness of modifying the current regulations. The Planning Commission voted to continue the
discussion until the August 26th meeting in order to allow the Commissioners the ability to conduct some
field visits to the various neighborhoods to view recreational vehicles parked off-street.
At the conclusion of the August 26th Planning Commission meeting, the Planning Commission voted
unanimously that no changes be made to the ordinance, with a request to the City Council to direct Staff
to more pro actively enforce the current recreational vehicle regulations.
Staff returned to the City Council on November 4, 2003, with the requested information and the Planning
Commission recommendation. At the conclusion of the meeting, the City Council unanimously directed
Staff to prepare a Zoning Ordinance amendment which modifies the Off-Street Parking and Loading
Regulations Section for recreational vehicles as follows: (1) modify the "blue/yellow" line as shown on
Attachment I to extend a minimum of 26 feet from the edge of the front property line (to accommodate a
vehicle 25 feet in length, the "blue/yellow" line would need to extend a minimum of 26 feet from the edge
of the front property line to allow for the I-foot setback from the public right-of-way); (2) allow
deviations to the permitted locations for parking of recreational vehicles off-street, through a Conditional
Use Permit as (see Attachment 3 for a draft Ordinance of the proposed Zoning Ordinance Amendment).
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ANALYSIS:
One of the proposed amendments would allow any resident to park a recreation vehicle 25 feet in length
within the nearest side lot line area; while the other amendment would allow deviations from the existing
recreational vehicle parking regulations through a Conditional Use Permit. Currently, the Zoning
Ordinance allows a Variance for an applicant that wishes to deviate from any current development
standard, including parking of a recreational vehicle. However, there are 5 required findings to approve a
Variance which often prove very difficult to find in the affirmative. A Conditional Use Permit would
allow deviations to be requested regarding the parking location of recreational vehicles; those requests
would be heard in a public hearing. Staff recommends the public hearing to be heard by the Zoning
Administrator. The Conditional Use Permit process would also require a public notice to be sent to all
property owners and tenants within 300 feet of the subject property.
Additionally, the City Council directed Staff to develop a Conditional Use Permit process which also
included design criteria and findings. Pursuant to the Zoning Ordinance (Chapter 8.1 00), approving a
Conditional Use Permit requires the following findings to be found in the affirmative:
A. The proposed use and related structures is compatible with other land uses, transportation
and service facilities in the vicinity.
B. It will not adversely affect the health or safety of persons residing or working in the
vicinity, or be detrimental to the public health, safety and welfare.
C. It will not be injurious to property or improvements in the neighborhood.
D. There are adequate provision for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental to
the public health, safety and welfare.
E. The subject site is physically suitable for the type, density, and intensity of the use and
related structures being proposed.
F. It will not be contrary to the specific intent clauses, development regulations, or
performance standards established for the zoning district in which it is located.
G. It is consistent wit the Dublin General Plan and with any applicable Specific Plans.
In addition to the above findings, Staff recommends additional findings to be added to the required
findings within the Conditional Use Permit section (Chapter 8.100) to approve a deviation to the parking
regulations of a recreational vehicle. Specifically, Staff recommends the following findings be made in
the affirmative in order to approve a modification to permitted parking areas of Recreational.Vehicles:
· The rear yard will be screened from views from the public right-of-way;
· No adverse impacts to adjacent properties enjoyment of light and air will result from the parked
Recreation Vehicle;
· No adverse impacts to vehicular visibility to adjacent properties and the ability for vehicles to back
out on to the road way safely, will be maintained; and
· No other suitable locations are available on the subject property.
In addition to the City Council directed amendments, Section 8.76.060(E)(4) and 8.76.070(A)(14)(a) of
the Zoning Ordinance authorizes the Director of Community Development to grant alternate parking
locations within the green area as shown on Attachment 1. As part of this amendment, Staff recommends
that this section be changed to eliminate the Director's authority and allow alternate parking locations to
be authorized by the Conditional Use Permit process for the purpose of consistency.
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At the Planning Commission meeting, Staff will present a PowerPoint presentation, which summarizes
the information within this and the other attached reports.
RECOMMENDATION:
Staff recommends that the Planning Commission open Public Hearing; receive Staff presentation and
public testimony; question Staff and the public; close the Public Hearing; deliberate; and adopt a
Resolution (Attachment 2) recommending the City Council Amend the Zoning Ordinance regarding Off-
Street Parking of Recreation Vehicle Regulations.
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