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Home My WebLink AboutAttachmt 3 Reso Recmd CC Appv Amendmt to Sec. 8.62 RESOLUTION NO. 06- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO SECTION 8.62 (HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIEW) OF THE ZONING ORDINANCE TO REMOVE REFERENCE TO THE "DUBLIN VILLAGE HISTORIC AREA DESIGN GUIDELINES", REPLACE WITH REFERENCE TO THE "DUBLIN VILLAGE HISTORIC AREA SPECIFIC PLAN," AND RESCIND THE DUBLIN VILLAGE DESIGN GUIDELINES PA (02-074) WHEREAS, on January 21, 2005 the City Council simultaneously adopted the Dublin Village Design Guidelines, created an Overlay Zoning District, and adopted a new section of the Zoning Ordinance: Section 8.62 (Historic Overlay Zoning District Site Development Review), which was developed to guide the implementation of the Design Guidelines; and WHEREAS, on August 1, 2006, when the Dublin Village Historic Area Specific Plan was adopted by the City Council, the Design Guidelines were incorporated into the Specific Plan document as Section 7; and WHEREAS, the intent is to have all of the guidelines, regulations, and requirements pertaining to the Historic Area in one place. Now that the Design Guidelines have been incorporated into the Specific Plan, the Zoning Ordinance Chapter 8.62 (Historic Overlay Zoning District Site Development Review), which refers to the Design Guidelines as a separate and distinct document, needs to be revised; and WHEREAS, the exact text amendments are shown in Exhibit A attached to this Resolution, but can be summarized by stating that all references in Section 8.62 to the "Dublin Village Design Guidelines" have been replaced with "Dublin Village Historic Area Specific Plan; and WHEREAS, the project was found to be Exempt from CEQA, according to CEQA Guidelines Section 15061(b)(3) because it could be seen with certainty that there is no possibility that the proposed amendments to the Dublin Municipal Code (Zoning Ordinance) may have a significant effect on the environment; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend City Council approval of the amendments to the Dublin Municipal Code (Zoning Ordinance); and WHEREAS, the Planning Commission did hear and use its independent judgment and consider all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby recommend that the City Council find that the proposed amendments to the Dublin Municipal Code (Zoning ATTACHMENT 3 Ordinance) do not represent changes that may have a significant effect on the environment (CEQA, Section 15061(b)(3)); that the amendments are consistent with the General Plan and all applicable Specific Plans; and, recommends that the City Council amend Chapter 8.62 of the Dublin Municipal Code (Zoning Ordinance) as shown in attached Exhibit A (incorporated herein by reference). PASSED, APPROVED AND ADOPTED this 22nd day of August 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Planning Manager G:IP A#\2002102-074 Historical StudylSpecific PlanlFollow up actionslPC 8.22.06IPC _Reso _ Text_ Amendment.doc 2 HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIEW Chapter 8.62 CHAPTER 8.62 HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIEW Projects subject to compliance with this Chapter: New Construction. Any new construction or additions to an existing structure within the Historic Overlay Zoning District that alters the exterior appearance of the building. Internal tenant improvements are not subject to compliance with this Chapter. Exterior Modification of an Existing Structure. Any exterior modification of an existing structure located within the Historic Overlay Zoning District, including but not limited to, facade renovation, new and/or additional windows and doors (with frames), and roof or gronnd- mounted mechanical equipment. Re-roofing or repainting an existing building that is not undergoing any other modifications with like materials and/or colors is not subject to compliance with this Chapter. Signage. Installation of new signage or replacement of sign copy in the Historic Overlay Zoning District. City of Dublin Zoning Ordinance 62-1 September, 1997 Ch{t[1tcr .1doptcd BY CC Ordi/'UlI1cc 01 (15, cjfecti~'e da.'c Afar-c/: 3, 2()()5 I Chapter Amended bv CC Ordinance xx-06, effective date October 19.2006 8.62.010 8.62.020 A. B. 8.62.030 8.62.040 Purpose. The purpose of this Chapter is to establish a procedure to ensure that all development in the Historic Overlay Zoning District is reviewed for substantial compliance with the Dublin Village Historic Area Specific PlanDcsign Guidelines. c. Intent. The intent of this chapter is to: Preserve and enhance the remaining historic resources within the Dublin Village Historic Area; Guide the design of future development to reinforce the unique historic qualities and design elements that once defined Dublin Village; and Improve the public realm to create a positive pedestrian experience, enhance the area's image as a historic district, and create a unique sense of place. Applicability. The Historic Overlay Zoning District is a designation in addition to the standard Zoning District that each property in the Historic District retains (C-O, C-l, PD, R-M, etc.). The standard Zoning District contains all information regarding permitted and conditionally permitted uses, development standards, and regulations, while the Historic Overlay provides a mechanism to review development on any of the properties in the District for substantial compliance with the Dublin Village Historic Area Specific Plan DesigR GuideliBes. A. B. C. EXHIBIT A HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIEW Chapter 8.62 8.62.050 8.62.060 8.62.070 8.62.080 D. Modification To Site Layout. Any modification to site layout or site improvements in the Historic Overlay Zoning District, including but not limited to, parking, fencing, circulation, landscaping, accessory structures, or trash enclosures. Application. The Applicant shall submit a complete Site Development Review application pursuant to Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee and such materials as are required by the Director of Community Development. Notice Of Decision. A Notice of Decision shall be given consistent with Chapter 8.132, Notice and Hearings. No public hearing is required for Historic Overlay Zoning District Site Development Review unless the application is being considered concurrently with another permit requiring a public hearing. Concurrent Consideration. When Historic Overlay Zoning District Site Development Review is required for a project that is also subject to a Conditional Use Permit and/or Variance, it shall be approved, conditionally approved, or denied by the same decision-maker or body for those actions. Required Findings. The following findings shall all be made in order to approve an application for Historic Overlay Zoning District Site Development Review: Approval of the application is consistent with the purpose and intent of this Chapter. Any approval complies with the policies of the General Plan, with llft:Y applieable the Dublin Village Historic Area Specific Plans, with the development regnlations or performance standards established for the standard Zoning District (C-O, C-l, PD, R-M, etc.) in which it is located, and with all other requirements ofthe Zoning Ordinance. The approval 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 general welfare. D. The design of the project will provide a desirable environment for the development and an attractive environment for the public. E.The pr(}ject is in substantial eomplianee with the applicable chapters of the Dublin Village Histerie Area Design Guidelines. A. B. C. City of Dublin Zoning Ordinance 62-2 September, 1997 c.'1aptcr Ad-opted 8)' CC Or-dinance OJ 05, cffcctive dRtc A!-a/'C,!; 3. 2005 Chavter Amended bv CC Ordinance xx-06, effective date October 19,2006 HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIEW Chapter 8.62 8.62.090 8.62.100 8.62.110 Action. The decision maker for Historic Overlay Zoning District Site Development Review applications shall be the Director of Commnnity Development (or hislher designee), except as provided in Section 8.62.070, Concurrent Consideration. The Director of Commnnity Development may, based on evidence in the public record, and on the findings above, make an administrative decision to approve, conditionally approve, or deny a Historic Overlay Zoning District Site Development Review application. Amendment. The process for amending a Historic Overlay Zoning District Site Development Review approval shall be the same as the process for approving a Historic Overlay Zoning District Site Development Review application. The decision-maker for the Historic Overlay Zoning District Site Development Review amendment shall be the same decision-maker that ultimately approved the Historic Overlay Zoning District Site Development Review including approval on appeal. The Commnnity Development Director or hislher designee may grant a Historic Overlay Zoning District Site Development Review Waiver for applications approved by another decision-maker or body upon the determination that the modification is a minor project and in accordance with Section 8.62.110, Waiver to an approved Historic Overlay Zoning District Site Development Review. A. Waiver to an approved Historic Overlay Zoning District Site Development Review. The Community Development Director or hislher designee may allow a minor change to an approved Historic Overlay Zoning District Site Development Review as a Waiver upon determining the following: The proposed change is in substantial conformance with the approved Historic Overlay Zoning District Site Development Review; The proposed change is minor in scope; The proposed I change is Categorically Exempt from the California Environmental Quality Act; and The proposed change is consistent with the conditions of approval for the Historic Overlay Zoning District Site Development Review and is substantially consistent with the Dublin Village Historic Area Specific PlanDesign GHidelines. It is not the intent of this Chapter that a series of Historic Overlay Zoning District Site Development Review Waivers be used to circumvent the need B. C. D. City of Dublin Zoning Ordinance 62-3 September, 1997 Chapter .1doptcd by CC OfflinlJ.ltcc 01 Q5, cjfcc:h'e da:e M&1'Ch 3. 20()5 Chavter Amended bv CC Ordinance xx-06, effective date October 19, 2006 HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIEW Chapter 8.62 8.62.120 8.62.130 8.62.140 8.62.150 8.62.160 for full and complete Historic Overlay Zoning District Site Development Review. A. B. Waiver for a project that does not have an approved Historic Overlay Zoning District Site Development Review. The Community Development Director or his/her designee may allow a minor change to an existing site or building in the Historic Overlay Zoning District that does not have an approved Historic Overlay Zoning District Site Development Review as a Waiver upon determining the following: The proposed change is minor in scope; The proposed change is Categorically Exempt from the California Environmental Quality Act; and The proposed change is substantially consistent with the Dublin Village Historic Area Specific PlanDesigH. Guidelines. c. It is not the intent ofthis Chapter that a series of Historic Overlay Zoning District Site Development Review Waivers be used to circumvent the need for full and complete Historic Overlay Zoning District Site Development Review. Dublin Village Historic Area Specific PlanDesign Caidelines. The Dublin Village Historic Area DesigH. GuidelincsSpecific Plan. adopted by the City Council on August 1. 2006J aflUary 18, 2005 through Resolution ~ 149-06, and as may be amended thereafter, shall be used to guide the review of Historic Overlay Zoning District Site Development Review applications. Building Permits. Building Permits shall not be issued except in accordance with the terms and conditions of the Historic Overlay Zoning District Site Development Review approval. Ordinary Maintenance and Repair. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any existing exterior architectural feature on any property in the Historic Overlay Zoning District that does not involve a change in design, material, or exterior appearance. Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except as otherwise provided in this Chapter. City of Dublin Zoning Ordinance 62-4 September, 1997 Chapter Adopted by CC Ol"fiinanee {)1 05, effceti':e date Af.an:/: 3. 2005 Chavter Amended hv CC Ordinance xx-06, effective date October 19.2006