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HomeMy WebLinkAbout5.3 Zoning Ordinance Amendments—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 (OfPage 1 of 5 STAFF REPORT PLANNING COMMISSION DATE: November 13, 2018 TO: Planning Commission SUBJECT: Zoning Ordinance Amendments—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), (PLPA-2018-00030) Prepared by:Mandy Kang, Senior Planner EXECUTIVE SUMMARY: The City is initiating amendments to the Zoning Ordinance to bring greater clarity and consistency to existing regulations. Amendments are proposed to 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). The Planning Commission will review the proposed Zoning Ordinance Amendments and make a recommendation to the City Council. RECOMMENDATION: Conduct the public hearing, deliberate and adop t a Resolution Recommending City Council approval of amendments to Dublin Zoning Ordinance 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)), 8.76 (Off- Street Parking and Loading Regulations), 8.80 (Second Units Regulations), 8.96 (Permit Procedures), and 8.104 (Site Development Review). PROJECT DESCRIPTION: Periodically, the City 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. Staff is currently proposing minor amendments to the Zoning Ordinance to clarify certain policies, address errors in the Zoning Ordinance, align policies for similar uses, and to streamline processes. 5.3 Packet Pg. 41 Page 2 of 5 ANALYSIS The following is a brief overview of the proposed Zoning Ordinance Amendments. For ease of understanding, a detailed list of the proposed amendments in underline/strikethrough format (where underlined text is proposed to be added and text with a strikethrough is proposed to be deleted) is included as Attachment 1. A Resolution recommending City Council approval of the proposed Zoning Ordinance Amendments is included as Attachment 2, with the Draft Ordinance included as Exhibit A. Definitions (Section 8.08.020) Eating and Drinking Establishment (use type): This amendment is proposed to clarify that a microbrewery is considered an “Eating and Drinking Establishment”. Boarders, Boarding House (use type), Single Family Residence and Single Housekeeping Unit: Amendments to these definitions are proposed to clarify and define what the difference is between a “Boarding House” and a “Single-Family Residence”. Maximum Lot Coverage: This amendment is proposed to facilitate the use of the Zoning Ordinance and make it easier to find this definition by removing the word “Maximum” from the title. The definition of the term itself will not change with this amendment. Off-Street Loading Space: The Zoning Ordinance references the term “Off -Street Loading Space” but the term is not defined. The proposed amendment would add a definition for “Off-Street Loading Space”. Zoning Districts and Permitted Uses of Land (Section 8.12.050) In 2010 the City Council adopted streamlined permitting for Day Care Centers (center which provide care to 15+ children). A Day Care Center is required to obtain an administratively approved Zoning Clearance if it meets established development standards, and a Minor Use Permit from the Community Development Director if it does not. Staff proposes to amend the Zoning Ordinance to provide this same streamlined permitting for Large Family Day Care Homes which provide care for up to 14 children. The Zoning Ordinance currently requires that a Large Family Day Care Home obtain an administratively approved Zoning Clearance if it meets established development standards, and a Conditional Use Permit f rom the Planning Commission if it does not. This amendment would align with and provide the same streamlined permitting process for a Day Care Center and a Large Family Day Care Home by requiring approval of a Minor User Permit from the Community Developme nt Director if the use does not meet the development standards. Surrounding residents would continue to be notified of such application in the same manner as required for a Conditional Use Permit. Accessory Structures and Use Regulations (Chapter 8.40) Lot Coverage Exemptions (Section 8.40.020.F.1.d) 5.3 Packet Pg. 42 Page 3 of 5 In 2006, the City Council adopted an amendment to Section 8.36.100.A of the Zoning Ordinance to allow one 120 square foot residential accessory structure to be exempt from the lot coverage regulations regardless of lot size. However, Section 8.40.020.F.1.d of the Zoning Ordinance, which also contains lot coverage requirements, was inadvertently not amended to provide consistent language. Therefore, the proposed amendment would modify the language in Section 8 .40.020.F.1.d to provide the same 120 square foot exemption and eliminate the inconsistency between the code sections. Guesthouses (Section 8.40.020.F.2.e) This amendment is proposed to clarify the setback requirement for a guesthouse since it is already defined in Section 8.40.020.F.2.h (Heights and Setbacks). Indoor Recreational Facilities (Section 8.70.030.A) An Indoor Recreational Facility is required to obtain an administratively approved Zoning Clearance if it meets established development standards, and a Minor Use Permit from the Community Development Director if it does not. This permitting process also applies to such uses in the Downtown Dublin Zoning District and Dublin Crossing Zoning District. The proposed text amendment would provide clarity by adding these zoning districts to the list of applicable zoning districts in Section 8.70.030.A. Landscaping and Fencing Regulations (Section 8.72.080.E) The list of prohibited fence materials is proposed to be modified to include other materials similar in nature to barbed wire, razor wire, etc. This amendment is proposed to provide greater clarity and assist staff with enforcing the intent of this existing regulation. Off Street Parking and Loading Regulations (Chapter 8.76) Table 76-1 The Dimensional Requirements Table 76-1 currently lists the letters “C” and “F” in both the columns and rows, which makes it confusing when the letters are defined below the table. This amendment is proposed to clarify and define each of the letters in Figure 76- 1, so they coincide with the dimensions. Loading Requirements (Section 8.76.090) The Zoning Ordinance requires a minimum of 1 loading spaces for certain use types regardless of the operating characteristics and need generated by the use. The proposed amendment would provide flexibility in the number of required loading spaces for a project. Second Units Regulations (Section 8.80.040.A) Second units are heavily regulated by State law. The proposed amendment will ensure consistency with State law by clarifying that the existing Zoning Ordinance Regulations supersede any Planned Development Zoning District regulations which are more restrictive. 5.3 Packet Pg. 43 Page 4 of 5 Permit Procedures (Section 8.96.020.E) The amount of work and financial investment by an applicant to bri ng a project to fruition can be substantial and take an extended period of time. However, Planning permits (i.e. Site Development Review, Conditional Use and Minor Use Permits , Minor Use Permits, etc.) typically expire after one year unless construction or use has begun, or an applicant has demonstrated substantial progress toward doing so (Section 8.96.020.D). The Zoning Ordinance does provide a mechanism for the original decision maker to extend the life of the permit for up to 6 months upon a determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met (Section 8.96.020.E). The proposed amendment would provide the Community Development Director with the authority to approve a permit extension of up to one year. This amendment would streamline the current procedure while providing greater certainty to applicants while they expend substantial resources . Site Development Review (Section 8.104.030.A.1.a) The proposed amendment would simplify the language regarding landscape modifications and tree replacements. The proposed language would not change the intent of the existing policy. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The proposed Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable Specific by bringing greater clarity and consistency to existing Zoning regulations which implement the General Plan and Specific Plans. NOTICING REQUIREMENTS/PUBLIC OUTREACH In accordance with State law, a notice regarding this Public Hearing was published in the East Bay Times and posted at several locations throughout the City. The Staff Report for this public hearing was also available on the City’s website. ENVIRONMENTAL REVIEW 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 CEQA, Staff is recommending that the proposed Ordinance be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that may have the potential to cause a significant effect on the environment. The adoption of the proposed Ordinance is exempt from CEQA because the Ordinance does not 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 development. This Ordinance, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. 5.3 Packet Pg. 44 Page 5 of 5 ATTACHMENTS: 1. Zoning Ordinance Amendments in Underline/strikethrough Format 2. Resolution Recommending City Council Approval of Amendments to the Dublin Zoning Ordinance 3. Exhibit A to Attachment 2 - Draft City Council Ordinance 5.3 Packet Pg. 45 1 of 10 Attachment 1 CHAPTER 8.08 DEFINITIONS Section 8.08.020 (Definitions (A-Z)) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: 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. 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. 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 single-family dwelling where bedrooms are rented to five or more people persons, who are not living as a single housekeeping unit, are provided for compensation, whether direct or indirect. and at least one common meal is offered each day. 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. Maximum Lot Coverage. The term Maximum 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. Off-Street Loading Space. Off-Street Loading Space shall mean an area designated for temporary parking for purposes of on- and off-loading. Single-Family Residence (use type). The term Single-Family Residence shall mean a building designed for and/or occupied exclusivel y 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, where residents do not live as a single housekeeping unit, constitutes a boarding house, which is included within the definition of “Multi-Family Residence”. 5.3.a Packet Pg. 46 Attachment: 1. Zoning Ordinance Amendments in Underline/strikethrough Format (Zoning Ordinance Amendments (PLPA-2018-00030)) 2 of 10 Attachment 1 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. 5.3.a Packet Pg. 47 Attachment: 1. Zoning Ordinance Amendments in Underline/strikethrough Format (Zoning Ordinance Amendments (PLPA-2018-00030)) 3 of 10 Attachment 1 CHAPTER 8.12 ZONING DISTRICTS AND PERMITTED USES OF LAND Section 8.12.050 (Permitted and Conditional Permitted Land Uses, Regulations, and Performance Standards) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: RESIDENTIAL USE TYPES RESIDENTIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Family Day Care Home/Large (up to 14 children) ZC/CUP ZC/MUP ZC/CUP ZC/MUP ZC/CUP ZC/MUP ZC/CUP ZC/MUP - - - - - - - 5.3.a Packet Pg. 48 Attachment: 1. Zoning Ordinance Amendments in Underline/strikethrough Format (Zoning Ordinance Amendments (PLPA-2018-00030)) 4 of 10 Attachment 1 CHAPTER 8.40 ACCESSORY STRUCTURES AND USES REGULATIONS Section 8.40.020.F.1.d. (Maximum square footage of detached accessory structures (excluding swimming pools) on a lot.) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: d. Maximum square footage of detached accessory structures (excluding swimming pools) on a lot. For lots less than 5,000 square feet in size, o 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) Section 8.40.020.F.2.e (Guesthouses) of Title 8 of the Dublin Municipal Code is hereby amended as follows: e. Guesthouses. A detached Guesthouse accessory structure may be established on the lot of a single-family residence, as follows: 1. Not located in setback area. A guesthouse shall not be located within any required setback area. 12. Permitted and prohibited spaces. A guesthouse may contain a sleeping space, bathroom and other living space, but may not contain kitchen facilities. 23. 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. 5.3.a Packet Pg. 49 Attachment: 1. Zoning Ordinance Amendments in Underline/strikethrough Format (Zoning Ordinance Amendments (PLPA-2018-00030)) 5 of 10 Attachment 1 CHAPTER 8.70 RECREATIONAL FACILITIES (INDOOR) 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 Title 8 of the Dublin Municipal Code is proposed to be amended 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, and 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) 5.3.a Packet Pg. 50 Attachment: 1. Zoning Ordinance Amendments in Underline/strikethrough Format (Zoning Ordinance Amendments (PLPA-2018-00030)) 6 of 10 Attachment 1 CHAPTER 8.72 LANDSCAPING AND FENCING REGULATIONS Section 8.72.080.E (Prohibited Fence Materials) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: E. Prohibited fence materials. The use of barbed wire, electrified fence, or 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. 5.3.a Packet Pg. 51 Attachment: 1. Zoning Ordinance Amendments in Underline/strikethrough Format (Zoning Ordinance Amendments (PLPA-2018-00030)) 7 of 10 Attachment 1 CHAPTER 8.76 OFF-STREET PARKING AND LOADING REGULATIONS Section 8.76.070.A.7 (Dimensional Requirements) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: Table 76-1 *In Table 76-1, A (in degrees) Column, spell out “Compact” and “Full” instead of “C” and “F” A = Parking Angle, B = Stall Width, X = Stall Length, C = Compact Space, F = Full Sized Space, 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 8.76.090 (Loading Requirements) of Title 8 of the Dublin Municipal Code is hereby amended as follows: Off-street freight and equipment loading spaces shall be provided for all offices, hospitals, institutions, hotels, senior group housing, schools, day care centers, and other commercial and industrial land uses. The following minimum number of loading spaces shall be provided for each use: Commercial, industrial, office, institutional, hospital, hotel, schools: *Remove chart A minimum of one loading space shall be provided or as Requirements for uses not specifically listed shall be determined by the Director of Community Development based upon the requirements for comparable uses and upon the particular characteristics of the proposed use. 5.3.a Packet Pg. 52 Attachment: 1. Zoning Ordinance Amendments in Underline/strikethrough Format (Zoning Ordinance Amendments (PLPA-2018-00030)) 8 of 10 Attachment 1 CHAPTER 8.80 SECOND UNITS REGULATIONS Section 8.80.040.A (Permitted in the R-1 District and Certain Planned Development Districts) of Title 8 of the Dublin Municipal Code is proposed to be amended 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. 5.3.a Packet Pg. 53 Attachment: 1. Zoning Ordinance Amendments in Underline/strikethrough Format (Zoning Ordinance Amendments (PLPA-2018-00030)) 9 of 10 Attachment 1 CHAPTER 8.96 PERMIT PROCEDURES Section 8.96.020.E (Time Extension) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows: E. Time Extension. The original approving decision-maker 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 6 12 months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. 5.3.a Packet Pg. 54 Attachment: 1. Zoning Ordinance Amendments in Underline/strikethrough Format (Zoning Ordinance Amendments (PLPA-2018-00030)) 10 of 10 Attachment 1 CHAPTER 8.104 SITE DEVELOPMENT REVIEW Section 8.104.030.A.1.a (Single-Family and Two-Family Residential Improvements) of Title 8 of the Dublin Municipal Code is proposed to be amended 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 or is proposed to be replaced with the same or a different species. 5.3.a Packet Pg. 55 Attachment: 1. Zoning Ordinance Amendments in Underline/strikethrough Format (Zoning Ordinance Amendments (PLPA-2018-00030)) Attachment 2 RESOLUTION NO. 18-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO THE DUBLIN ZONING ORDINANCE 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 an d 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 public hearing on the said application on November 13, 2018; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, a Staff Report dated November 13, 2018 was submitted to the City of Dublin Planning Commission recommending City Council approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the Planning Commission 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, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. 5.3.b Packet Pg. 56 Attachment: 2. Resolution Recommending City Council Approval of Amendments to the Dublin Zoning Ordinance (Zoning Ordinance 2 of 2 BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 13th day of November 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ___________________________________ Assistant Community Development Director 5.3.b Packet Pg. 57 Attachment: 2. Resolution Recommending City Council Approval of Amendments to the Dublin Zoning Ordinance (Zoning Ordinance ORDINANCE NO. XX-18 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 signi ficant 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-XX recommending City Council adoption of the proposed Zoning Ordinance Amendments; and WHEREAS, the City Council held a public hearing on the proposing Zoning Ordinance Amendments on XXX, 2018, at which time all interested parties had the opportunity to be hard; 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 judg ment to evaluate the project. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: 5.3.c Packet Pg. 58 Attachment: 3. Exhibit A to Attachment 2 - Draft City Council Ordinance (Zoning Ordinance Amendments (PLPA-2018-00030)) 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 b e 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 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. 5.3.c Packet Pg. 59 Attachment: 3. Exhibit A to Attachment 2 - Draft City Council Ordinance (Zoning Ordinance Amendments (PLPA-2018-00030)) 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, 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 TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2 Family Day Care Home/Large (up to 14 children) ZC/MUP ZC/MUP ZC/MUP ZC/MUP - - - - - - - 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. 5.3.c Packet Pg. 60 Attachment: 3. Exhibit A to Attachment 2 - Draft City Council Ordinance (Zoning Ordinance Amendments (PLPA-2018-00030)) For lots 5,000 square feet in size or larger, the combined maximum square foo tage 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: 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: 5.3.c Packet Pg. 61 Attachment: 3. Exhibit A to Attachment 2 - Draft City Council Ordinance (Zoning Ordinance Amendments (PLPA-2018-00030)) 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: 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 upo n 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. 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. 5.3.c Packet Pg. 62 Attachment: 3. Exhibit A to Attachment 2 - Draft City Council Ordinance (Zoning Ordinance Amendments (PLPA-2018-00030)) 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 impa ir any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. 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 Gover nment Code of California. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this day of , 2018, by the following votes: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk 5.3.c Packet Pg. 63 Attachment: 3. Exhibit A to Attachment 2 - Draft City Council Ordinance (Zoning Ordinance Amendments (PLPA-2018-00030))