HomeMy WebLinkAboutItem 6.6 AmendMuniCode8.108 CITY CLERK
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 20, 2004
SUBJECT: PUBLIC HEARING: PA 04-004 Amendments to the Dublin Municipal
Code (Zoning Ordinance) - 2"d Reading. Amendments to Title 8 of the
Dublin Municipal Code, Zoning Ordinance Chapter 8.12, Zoning Districts
and Permitted Uses of Land; and, Chapter 8.108, Temporary Use Permit
regarding Automobile/Vehicle Storage Lots.
Report Prepared By: Marnie R. Waffle, Assistant Planner ~
ATTACHMENTS: 1. Ordinance amending Title 8 of the Dublin Municipal Code, Zoning
Ordinance Chapter 8.12, Zoning Districts and Permitted Uses of
Land; and, Chapter 8.108, Temporary Use Permit.
RECOMMENDATION: 1. Open the Public Heating and receive Staff's presentation.
i~2. Take testimony from the Public.
3. Question Staff and the Public.
4. Close the Public Heating and deliberate.
5. Waive the 2na reading and adopt the Ordinance (Attachment 1) to
amend Title 8 of the Dublin Municipal Code.
FINANCIAL STATEMENT: No financial impact.
PROJECT DESCRIPTION:
The Dublin Zoning Ordinance currently regulates Automobile/Vehicle Storage Lots by allowing them to
be established in the C-2, General Commercial and M-1, Light Industrial zoning districts with approval of
a Conditional Use Permit by the Planning Commission.
The proposed amendments to the Zoning Ordinance would make vehicle storage in the C-2 General
Commercial zoning district subject to a Temporary Use Permit rather than a Conditional Use Permit and
establish specific development standards for the temporary storage of vehicles. The development
standards proposed for the temporary storage of vehicles are as follows:
Vehicle storage would be limited to a maximum of 6 consecutive months. One three-month
extension could be granted upon written request, submitted at least 14 calendar days prior to the
expiration of the permit, to the Director of Community Development. The written request must
include a reason for needing an extension other than to simply continue the land use.
COPIES TO:
ITEM NO.
· The storage of vehicles would be limited to those vehicles belonging to an established Dublin
based business.
· The vehicle storage lot would not be permitted to be open to the public nor would any sales
transactions be allowed to take place at the storage lot location.
· A Temporary Use Permit granted for a vehicle storage lot could not be renewed once it had
expired.
· A maximum of one Temporary Use Permit could be granted per location. A location would be
defined as an address, a parcel, or a shopping center, whichever is larger, as determined by the
Director of Community Development.
· A Temporary Use Permit would be denied if it was determined that the temporary vehicle storage
would eliminate parking required for another use.
· A vehicle storage lot could not be located within 100 feet of a heavily traveled roadway.
· The establishment and operation of the use must comply with all standards developed by the
Director of Community Development.
The Temporary Use Permit process is an administrative process subject to review and approval by the
Director of Community Development. In order for a vehicle storage lot to be established in the C-2,
General Commercial zoning district a Temporary Use Permit would be required and the storage lot would
be subject to the development standards listed above.
Automobile/vehicle storage lots would continue to be a prohibited use in the C-N, Neighborhood
Commercial and C-l, Retail Commercial zoning districts. In the M-l, Light Industrial zoning district
vehicle storage would continue to be regulated by way of Conditional Use Permit by the Planning
Commission:
City Council Action
On April 6, 2004, the City Council heard a presentation from Staff and the Applicant for the project. The
City Council waived the reading and introduced an Ordinance amending Title 8 of the Dublin Municipal
Code, Zoning Ordinance Chapter 8.12, Zoning Districts and Permitted Uses of Land; and, Chapter 8.108,
Temporary Use Permit.
As required by the City of Dublin Municipal Code, a second reading of the proposed Ordinance is
necessary prior to final adoption of amendments to the Zoning Ordinance.
RECOMMENDATION:
Staff recommends that the City Council Open the Public Hearing and receive Staff's presentation; Take
testimony from the Public; Question Staff and the Public; Close the Public Hearing and deliberate; and,
Waive the 2nd reading and adopt an Ordinance (Attachment 1) approving Amendments to Title 8 of the
Dublin Municipal Code, Zoning Ordinance Chapter 8.12, Zoning Districts and Permitted Uses of Land;
and, Chapter 8.108, Temporary Use Permit.
2%,_
ORDINANCE NO. -04
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CHAPTER 8.12, ZONING DISTRICTS AND PERMITTED USES OF LAND; AND,
CHAPTER 8.108, TEMPORARY USE PERMIT RELATING TO AUTOMOBILE/VEHICLE
STORAGE LOTS OF TITLE 8 OF THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE),
PA 04-004
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 storage lots; 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 February 24, 2004, and did adopt Resolution 04-07 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 March 16, 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.
The "Land Use Matrix" contained in Chapter 8.12.050, Permitted and Conditionally Permitted Land Uses
of the Dublin Municipal Code (Zoning Ordinance) is amended to read as follows:
ATTACHMENT J
COMMERCIAL USE TYPES
COMMERCIAL A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
USE TYPE
Automobile/Vehicle CqgG C/PC
Storage Lot TUP
Section 2.
Subdivision B of Section 8.108.020, Uses Permitted With A Temporary Use Permit, of the Dublin
Municipal Code (Zoning Ordinance) is added to read as follows:
8.108.020.B Automobile/Vehicle Storage Lots. An Automobile/Vehicle Storage Lot (as defined in
Section 8.08.020, Definitions) may be permitted as a temporary land use in C-2, General
Commercial'zoning districts or comparable PD, Planned Development Zoning Districts,
for a period not to exceed six consecutive months. The Director of Community
Development or his/her designee may allow for one three-month extension upon written
request, submitted at least 14 calendar days prior to the expiration of the permit. The
written request must include a reason for the extension other than to simply continue the
use. Once a permit has expired, it shall not be renewed. A minimum waiting period of one
(1) continuous year between permits is required. The storage of vehicles shall be limited to
those vehicles belonging to an established Dublin based business. The storage lot shall not
be open to the public nor shall any sales transactions take place at the approved storage lot
location. A maximum of one temporary use permit shall be granted per location. For the
purposes of this subdivision, "location" shall refer to an address, a parcel, or a shopping
,' .. : %nter~ Whichever is larger, as determined by the DirectOr of Community Development~ A
temporary use permit shall be denied if it is determined that the Automobile/vehicle
Storage Lot would eliminate parking required for another use pursuant to Chapter 8.76 of
this Code. In no case shall an Automobile/vehicle Storage Lot be established within 100
feet of a heavily traveled roadway. Whether a roadway is heavily traveled shall be
determined by the DirectOr of Community Development. The establishment and operation
of the use must comply with all standards developed by the Director of Community
Development.
Section 3. Conforming Amendments.
Chapters 8.12 and 8.108 of the Dublin Municipal Code (Zoning Ordinance) shall be re-numbered and/or
re-lettered as necessary to accommodate and/or reflect the foregoing amendments.
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 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 thc 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 20t~ day of April 2004, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk