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HomeMy WebLinkAboutAttachment 3 DrftOrd AmdTitle 8 ORDINANCE NO. -04 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING TITLE 8 OF THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE), CHAPTER 8.76, OFF-STREET PARKING AND LOADING REGULATIONS; AND, CHAPTER 8.100, CONDITIONAL USE PERMIT RELATED TO PARKING RECREATIONAL VEHICLES WHEREAS, the City of Dublin has determined that Chapter 8.12, Zoning Districts and Permitted Uses of Land; and, Chapter 8.108 Temporary Use Permit, need to be revised to more effectively regulate the establishment of automobile/vehicle parking and storage; 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 documents be 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 November 23, 2004, and did adopt Resolution 04-xx 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 XX, 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 finds 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. 8.76.060(E), Uses, Off-Street Parking and Loading Regulations, of the Dublin Municipal Code (Zoning Ordinance) shall be modified to read as follows: Recreational Vehicle parking in residential areas. One Recreational Vehicle (RV) as defined in this Title may be parked on a driveway, or paved area between the driveway and the nearest Side Lot Line subject to the following requirements: Attachment 3 1. The RV plus any accessories shall not encroach to within one foot of the public right- of-way. 2. Paving. The area between the driveway and the nearest Side Lot Line used for RV parking shall be paved with an all-weather surface to the satisfaction of the Director of Community Development. 3. Curb Cut. A curb cut may be considered by the Director of Public Works for an RV parking space permitted pursuant to this Section. 4. Alternate location. In unusual situations where there is insufficient room between the driveway and the nearest Side Lot Line to park an RV, an exception to these requirements may be approved by the Zoning Administrator by means of a Conditional Use Permit that may permit parking for that purpose in an alternate location. 5. Ownership. An R V parked as required in this Section, shall be owned by and registered to the occupant of the premises upon which it is parked or stored. 6. Parking in Side Yard, Street Side Yard, and Rear Yard. A maximum of two vehicles, including RVs, may be parked at a residence in the following areas, if screened by a 6 foot high fence or wall: in the Side Yard, Street Side Yard, Rear Yard, or the area between the Rear Yard and the rear of the residence. A Recreational Vehicle parked within the paved area between the driveway and the nearest Side Lot Line may encroach into the Side Yard area without being screened, provided that the overall length of the vehicle does not exceed 25 feet. Section 2. Section 8.76.070(A)(14)(a), Uses Off-Street Parking and Loading Regulations, of the Dublin Municipal Code (Zoning Ordinance) shall be modified to read as follows: 8. 76.070(A)(14)(a)(1) Development Standards. 14. Location of Required Parking Spaces a. Single family lot. Principal residence. All parking spaces shall be located on the same parcel as the residence they serve, unless provided as a Residential Parking Lot by the Zoning Administrator pursuant to a Conditional Use Permit. The most distant parking space in a Residential Parking Lot shall be not more than 150 feet from the residences they serve. Parking spaces required by this Chapter shall be located within an enclosed garage. Other than the two required garaged parking spaces, a maximum of two vehicles (which shall include, but not be limited to, an automobile, car, truck, or Recreational Vehicle) may be parked in the following areas if screened by a 6 foot high fence or wall and if at least one side yard is unobstructed to a width of 36 inches: Areas I, 2, 3a, 3b and 4. Additional parking may occur in area 5a. Parking in area 5b shall be as required by Section 2 8.76.060.E.2. and Section 8.76.060.E.6. No parking shall occur in area 5c except as permitted by Section 8.76.060.E.4. See Figure 76-2. Parking in a driveway shall not compensate for required enclosed garage parking. No parking shall occur in Area 6. Section 3. Conformine Amendments. Section 8.100, Conditional Use Permit, of the Dublin Municipal Code (Zoning Ordinance) shall be modified to read as follows: 8.100.060 Required Findings. The following findings shall all be made in order to approve a Conditional Use Permit: 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 provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures are not 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 with the Dublin General Plan and with any applicable Specific Plans. H. For the conversion of single-family residential garages to living space, architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project and as conditions of approval to order to insure compatibility of this development with the development's design concept or theme and the character of adjacent buildings neighborhoods, and uses. I. For parking a Recreation Vehicle other than those parking spaces allowed in Section 8.76.070(A)(l4)(a)(l) the following findings shall be made in the affirmative: (1) the rear yard will be screened from views from the public right-of-way; (2) no adverse impacts to adjacent properties' enjoyment of light and air will result from the parked Recreational Vehicle; (3) 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 (4) no other suitable locations are available on the subject property. 3 Section 4. Severability. 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. Section 5. Effective Date and Postine 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 xx day of xx 2005, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 4