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HomeMy WebLinkAboutItem 6.3 Off-St Parking (2)CITY CLERK FILE # 570-20 AGENDASTATEMENT CITY COUNCIL MEETING DATE: December 21, 1999 SUBJECT: PUBLIC HEARING: PA 99-018, Zoning Ordinance Amendment to Chapter 8.76, Off-Street Parking and Loading Regulations, of the Dublin Municipal Code (Zoning Ordinance). (Report Prepared by: Dennis Carrin~on Senior Planner/Zoning Administrator) ~ ' ATTACHEMENTS: 1) 2) Ordinance mending Chapter 8.76, Off-Street Parking and Loading Regulations of the Dublin Municipal Code. City Council Resolution establishing the enforcement policy for the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance; and rescinding Resolution 134-97 RECOMMENDATION: 1) 2) 3) 4) 4) 5) 6) Open public hearing and receive staff presentation Take testimony from the public Question staff and the public Close public hearing Deliberate Waive reading and adopt the Ordinance mending Chapter 8.76, Off -Street Parking and Loading Regulations of the Dublin Municipal Code (Zoning Ordinance) Adopt resolution establishing the enforcement policy for the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance; and rescinding Resolution 134-97. :FINANCIAL STATEMENT: No financial impact is anticipated. BACKGROUND: On December 7, 1999, the City Council introduced an ordinance revising Chapter 8.76, Off-Street Parking and Loading Regulations of the Dublin Municipal Code. This staff report brings the revised Chapter 8.76 back to the City Council for its second reading and adoption. g:pa99-018/CCSR2.DOC COPIES TO: PA 99-018 Project-File Project Planner ITEM NO. CITY COUNCIL RESOLUTION ON ENFORCEMENT The City Council directed that staff bring back a Resolution of the City Council establishing the enforcement policy for the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance; and rescinding Resolution 134~97. That resolution reflects the direction of the City Council that the following be enforced without a complaint: 1) 2) 3) 4) Living or sleeping in vehicles parked or stored on a lot. Location of required parking spaces. Parking 0funlicensed or inoperable vehicles. Parking within a designated parking space. Members of the City Council expressed a concern that par-king of recreational vehicles such as boats be enforced without a complaint. That requirement has already been included in an earlier version of the City Council's Resolution as "Off-street recreational vehicle parking". ENVIRONMENTAL REVIEW: On August 18, 1997, the City Council adopted Resolution 103-97 finding that the Comprehensive Revision to the Zoning Ordinance, including Chapter 8.76, Off-Street Parking and Loading Regulations, is exempt from the California Environmental Quality Act (CEQA). It can be seen with certainty that there is no possibility that revising the Zoning Ordinance in this manner would have a significant effect on the environment (Section 15061(b)(3). Various changes to the Off-Street Parking and Loading Regulations are proposed which would not increase or create environmental impacts. These changes will have no environmental impacts and are also exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that such amendments would have a significant effect on the environment. RECOMMENDATION: Staff recommends that the City Council open the public hearing, receive staff presentation, take testimony from the public, question staff and the public, close the public hearing, deliberate, waive reading and adopt the Ordinance mending Chapter 8.76, Off-Street Parking and Loading Regulations of the Dublin Municipal Code (Zoning Ordinance), and adopt the resolution establishing the enforcement policy for the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance; and rescinding Resoluti on 134 - 97. 2 ORDINANCE NO. AMENDING CHAPTER 8.76, OFF-STREET PARKING AND LOADING REGULATIONS OF THE MUNICIPAL CODE (ZONING ORDINANCE) PA99-018 WHEREAS, the City of Dublin has determined that the Parking Regulations of the Dublin Municipal Code (Chapter 8.76) must be revised to more effectively regulate parking within the City; and WHEREAS, On August 18, 1997, the City Council adopted Resolution 103-97 finding that the Comprehensive Revision to the Zoning Ordinance, including Chapter 8.76, Off-Street Parking and Loading Regulations, is exempt from the California Environmental Qualily Act (CEQA). It can be seen with certainty that there is no possibility that revising the Zoning Ordinance in this manner would have a significant effect on the environment (Section 15061 (b)(3). Various changes to the Off-Street Parking and Loading Regulations are proposed which would not increase or create environmental impacts. These changes will have no environmental impacts and are also exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainly that there is no possibility that such amendments would have a significant effect on the environment; and WHEREAS, the Planning Commission did hold a properly noticed pubic hearing on this project on November 9, 1999 and did adopt Resolution 99-32 recommending that the City Council approve an amendment to Chapter 8.76, Off-Street Parking and Loading Regulations of the Municipal Code; and WHEREAS, a properly noticed public hearings were held by the City Council on December 21, 1999 and January 4, 2000; and WHEREAS, the Staff Report was submitted recommending that the City Council approve the Ordinance Amendment; and WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council finds that the Ordinance Amendment is consistent with the Dublin General Plan; 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. Section 8.76.020, Applicability, of the Dublin Municipal Code is amended to read as follows: "8.76.020 Applicability. Every use hereafter commenced, every private parking facility or garage, and every building or structure hereafter erected or altered, shall have permanently maintained off-street parking facilities and vehicular loading spaces, as required by the provisions of this Chapter. These regulations do not apply to parking garages and facilities of governmental agencies." ATTACHMENT[ Section 2. Section 8.76,060.E.6, Parking in Side, Street Side Yard, and Rear Yard, of the Dublin Municipal Code is amended to read as follows: "6. Parking in Side, Street Side Yard, and Rear Yard. A maximum of two vehicles, including RV's, 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." Section 3. Section 8.76,060.E.7, Parking within a designated parking space, of the Dublin Municipal Code is added to the Dublin Municipal Code as follows: Parking within a designated parking space. All vehicles shall be parked within the confines of parking spaces as striped on the ground and as shown on an approved Off- Street Parking and Loading Plan." Section 4. Section 8.76,060.E.8.b, Living or sleeping in vehicle parked or stored on a lot, of the Dublin Municipal Code is amended to read as follows: ~6b. Living or sleeping in vehicle parked or stored on a lot. At no time shall a motorhome, recreational vehicle, utility trailer, mounted or un-mounted camper top, boat or other similar vehicle as determined by the Director of Community Development parked or stored on a lot be occupied for living, sleeping, or any other purposes except as permitted by a Temporary Use Permit or adjacent to a fireworks sales booth or as legally allowed in a bonafide trailer park, mobilehome park, or recreational vehicle park." Section 5. Section 8.76,060.F., Parking of unlicensed or inoperable ("Non-Op") vehicles prohibited, of the Dublin Municipal Code is amended to read as follows: Parking of unlicensed or inoperable ("Non-Op") vehicles prohibited. No unlicensed or inoperable vehicle shall be parked or stored in any zoning district unless otherwise permitted by a Conditional Use Permit or if legitimately stored while being actively repaired (not stored more than four weeks) by a permitted repair facility (non-residential zoning districts only) in a front setback, area in front of a residence or principal building but behind the front setback, street side setback in front of a fence, or on a driveway." Section 6. Section 8.76.060.1, Tandem Parking, of the Dublin Municipal Code is amended to read as follows: 2 Section 7. Tandem Parking. The Zoning Administrator may approve an off-street parking program by means of a Conditional Use Permit utilizing limited tandem (front to back) parking for commercial and industrial uses under unusual design constraints provided that the development requires 20 or more parking spaces. This may be accomplished by the use of tandem, wedge or other techniques approved by the Zoning Administrator. Tandem parking is permitted within single-family dwelling unit attached garages. The Zoning Administrator may require that an attendant be on duty during normal business hours." "Section 8.76.070.A.2, Bicycle Racks, of the Dublin Municipal Code is amended to read as follows: Bicycle Racks. Parking lots with 20 or more spaces in non-residential zoning districts shall provide one bicycle parking space in a bicycle rack for each 40 vehicular par'king spaces. In multi-family residential complexes, one bicycle storage space shall be provided within each residence or in lockable containers or spaces if not within the individual residence. Bicycle racks shall be designed to provide a minimum of four bicycle spaces in each rack, and so that a bicycle can be secured to the rack. The location of the bicycle rack shall not encroach into the sidewalk which would reduce the unencumbered width of the sidewalk to less than four (4) feet. Bicycle racks shall be placed in a location where they shall have adequate lighting and can be surveilled by the occupants." .~-qection 8. Section 8.76,070.A.7.a, Parking space sizes, of the Dublin Municipal Code is amended to read as follows: Parking space sizes. Full-size parking spaces shall be 9 feet in width and 20 feet in length. Compact parking spaces shall be 8 feet wide and 17 feet in length. The length of parking spaces may be reduced by 2 feet if the vehicles parked in them will overhang landscaping or a sidewalk such that the sidewalk is not reduced to an unencumbered width of less than 4 feet." Section 9. Section 8.76.070.A.7.e, Minimum parking dimensions, of the Dublin Municipal Code is amended to read as follows: Minimum parking dimensions. Minimum parking dimensions shall be as indicated in the following table as illustrated by Figure 76-1 Table 76-1 All values in feet unless otherwise specified A (in B X C D E F degrees) 90 C 8.0 17.0 17.0 26.0 8.0 60.0 90 F 9.0 20.0 20.0 26.0 9.0 66.0 A 45 C 45 F B 8.0 9.0 X 17.0 20.0 C 17.7 20.5 D 16.0 16.0 E 11.3 12.7 F 51.4 57.0 80 C 80F 8.0 17.0 18.1 26.0 8.1 62.2 9.0 20.0 21.3 26.0 9.1 68.6 70 C 8.0 -17.0 18.7 20.0 8.5 57.4 70 F 9.0 20.0 21.9 20.0 9.6 63.8 30 C 30 F 20 C 20 F 8.0 9.0 8.0 9.0 17.0 20.0 17.0 20.0 15.4 17.8 13.3 15.3 16.0 16.0 16.0 16.0 16.0 18.0 23.4 26.3 46.8 51.6 42.6 46.6 60 C 8.0 17.0 18.7 19.0 60 F 9.0 20.0 t 21.8 19.0 C = Compact Space, F = Full Sized Space" 9.2 56.4 10.4 62.6 OC OF 8.0 9.0 17.0 20.0 0.0 0.0 20.0 20.0 23.0 23.0 20.0 20.0 F -D PARKING STANDARDS A. PARKING ANGLE B. STALL ~DTH C. STALL DEPTH D. AISLE ~DTH E. CURB LENGTH PER CAR F. EDGE TO EDGE ~DTH OF- DOUBLE ROW AND AISLE. X. STALL LENGTH MEASUREMENT 'B' ANGLE 'A' ACTUAL PARKING STRIPE PATTERN Section 10. Figure 76-1 Section 8.76.070.A.8, Disabled Accessible Parking, of the Dublin Municipal Code is amended to read as follows: Section 11. Disabled Accessible Parking. The location and design of parking spaces for the disabled shall be as required by Title 24 of the California Code of Regulations.' S~,tion 8.76.070.A.14.a.1, Principal residence, of the Dublin Municipal Code is amended to read as ws: 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 1, 2, 3a, 3b and 4. Additional parking may occur in area 5a. Parking in area 5b shall be as required by Section 8.76.060.E.2. No parking shall occur in area 5c except as permitted by Section 8.76.060.E.4. See Figure 76-3. Parking in a driveway shall not compensate for required enclosed garage parking. No parking shall occur in Area 6. 1. Rear Yard 2. Area between Rear Yard and rear of residence 3. Side Yard a. Street Side Yard b. Side Yard 4. Area between Side Yard and side of residence 5. Front Yard a. Driveway b. Area between the driveway and nearest Side Lot Line c. Area between the driveway and the most distant Side Lot Line or Street Side Lot Line 6. Area between Front Yard and front of residence" // RESIDENCE 5c 5o 3b iSbl /Section 12. Section 8.76.070.A. 14.c, Non-residential lot, of the Dublin Municipal Code is amended to read as follows: Non-residential lot. All parking spaces shall be located on the same parcel as the primary structure or use, unless provided under Section 8.76.050, Adjustment to the Number of Parking Spaces, or as a Commercial Parking Lot by the Planning Commission pursuant to a Conditional Use Permit in the C-O, C-N, and M-P zones or as allowed in the C-l, C-2, M-I, and M-2 zones pursuant to Site Development Review. The most distant parking space in a Commercial Parking Lot or an on-site parking lot shall be not more than 400 feet from the use they serve. Parking may occur in the Side Yard, Street Side Yard, Front Yard, Rear Yard and areas between the structure and required yards if behind perimeter landscaping and screening pursuant to Site Development Review." Section 13. Section 8.76,080.B, Residential Use Types, of the Dublin Municipal Code is amended to modify parking requirements for Single Family/Duplex/Mobile Homes. The new language v~ll read as follows: Residential Use Types. Residential Use Types shall provide off-street par'king spaces as follows: RESIDENTIAL USE TYPES Single Family/Duplex/Mobile Home Lots of 4,000 square feet or less Lots greater than 4,000 square feet NUMBER OF PARKING SPACES REQUIRED 2 in enclosed garage per dwelling plus one on-street parking space per dwelling unit within 150 feet of that dwelling unit. 2 in enclosed garage per dwelling" Section 14. Section 8.76,080.D, Commercial Use Types, of the Dublin Municipal Code is amended to modify parking requirements for Automobile/Vehicle Sales and Service. The new language will read as follows: Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as follows: COMMERCIAL USE TYPES Sales and Service NUMBER OF PARKING SPACES REQUIRED 1 per 1,000 square feet of indoor/outdoor display area, 1 per 250 square feet of office space, 1 per 400 square feet of repair space and one per company vehicle" Section 15. Section 8.76,080.D, Commercial Use Types, of the Dublin Municipal Code is amended to add parking requirements for Outdoor Storage. The new language will read as follows: "D. Commercial Use Types. Commercial Use Types shall provide off-street parking spaces as follows: COMMERCIAL USE TYPES Outdoor storage NUMBER OF PARKING SPACES REQUIRED 1 per 1,000 square feet" Section 16. Conforming Amendments. Chapter 8.76 shall be re-numbered and/or re-lettered as necessary to accommodate and/or reflect the forgoing amendments. Section 17. Severabiliw. 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 illegatity, 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 18. 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 Califomia." PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this 21st day of December, 1999, by the following votes: Ayes: Noes: Absent: Abstain: Attest: Mayor City Clerk g:pa99018\ord ~ RESOLUTION NO. - 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Dublin ESTABLISHING THE ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, AND PROPERTY MAINTENANCE ORDINANCE; AND RESCINDING RESOLUTION 134-97. // WHEREAS, on November 4, 1997, the City Council of the City of Dublin did adopt Resolution No. 134- 97 establishing a policy for enforcement of Zoning, Building, Housing and Property Maintenance violations, and WHEREAS, Resolution 134-97 identified both Administrative Procedures and Enforcement Policies; and WHEREAS, the actual procedures for enforcing a particular law are already covered in City Ordinances and applicable sections of the State Law, however, this resolution provides additional clarification of enforcement provisions; and WHEREAS, the City Council is desirous of revising the Enforcement Policy for Zoning, Building, Housing and Property Maintenance Ordinance Violations; and WHEREAS, the City Council desires that certain enforcement issues be enforced without a complaint and that others be enforced on a complaint basis only; and WHEREAS, it is necessary to rescind Resolution No. 134-97 for minor amendments regarding parking regulations and adopt a new resolution. NOW THEREFORE BE IT RESOLVED: the City Council does hereby adopt the "Enforcement Policy for the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance", attached hereto and identified as Attachment 1. BE IT FURTHER RESOLVED: the City Council does hereby rescind Resolution No. 134-97. BE IT FURTHER RESOLVED: the City Council does hereby direct Staff to provide one verbal warning and one written warning (unless circumstances dictate more) on all enforcement issues regarding the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance, followed by citations and fees. PASSED, APPROVED AND ADOPTED this 21st day of December, 1999. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ATTACHMENT 2,, /D ':2/ tl Attachment "1" ENFORCEMENT POLICY FOR THE ZONING ORDINANCE, BUILDING CODE, HOUSING CODE, AND PROPERTY MAINTENANCE ORDINANCE '~ This procedure is to be followed in investigating complaints about and enforcing possible violations of the Zoning Ordinance, Building Code, Housing Code, and Property Maintenance Ordinance. THE FOLLOWING SHALL BE ENFORCED ON A COMPLAINT BASIS: 1. Home Occupations. 2. Sheds visible over fences and walls. 3. Sign Regulations with the exception of A-frame signs, and Banner Signs without a permit. THE FOLLOWING SHALL BE ENFORCED W'ITHOUT A COMPLAINT: Building work actually observed to be under construction without permits. Violations observed on property where the inspector has a legitimate reason to be on .the property, such as a routine follow-up on a Variance or Conditional Use Permit, or when inspecting construction under a permit. Conditions brought to the attention of the City in any manner which involve public health and safety. A-frame signs. Banner Signs without permits. Outdoor display of merchandise. Off-street recreational vehicle parking. 12. 13. 14. Property Maintenance Ordinance. Repair of automobiles or other vehicles which are not registered to the occupant of a residence. Repair or dismantling of a vehicle in front of a residence. 15. 16. Temporary political signs Violations of the Zoning Ordinance relating to Temporary Outdoor Sale Not Related To On-Site Established Business. Such a sale would be by a non-Dublin business that is not an on-site established Dublin business with all necessary licenses and permits. SIMILAR VIOLATIONS IN THE IMMEDIATE AREA FOR WHICH A COMPLAINT IS NOT RECEIVED. In establishing this policy, the City Council recognizes that a person whose property is being investigated may point out several similar violations in the immediate area. It may be inequitable to require abatement of a violation when the same violation may exist in the immediate vicinity and is not investigated because a complaint is not received. In such situations any violation in the immediate vicinity which is similar in nature and readily visible or which is pointed out to the investigator will be enforced as though a complaint had been registered. ANONYMOUS COMPLAINTS. All anonymous complaints will be investigated. However, no action will be taken on anonymous complaints where the City Manager, Community Development Director or Building Official determines that the matter does not warrant further action. These cases would be closed following the investigation and a determination by the City Manager, Community Development Director or Building Official. COMPLAINT INFORMATION Any person making a complaint shall give their name, address, and phone number. This is necessary so that the complainant can be contacted and advised of the status of the investigation. It may also be necessary to contact the complainant to secure additional information regarding the problem. INVESTIGATIONS OF COMPLAINTS ARE NOT PUBLIC RECORDS Section 6254 of the Government Code provides that records of investigations of complaints are not public records. Therefore, investigations of complaints will be kept confidential. and information will not be disclosed except as required by a court order.