HomeMy WebLinkAboutOrd 17-06 Dublin Village Historic Guidelines
ORDINANCE NO. 17 - 06
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING 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 RESCINDING 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 Section 2 of this Ordinance, 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, a Staff Report was submitted recommending that the City Council approve the
amendments to the Dublin Municipal Code (Zoning Ordinance); and
WHEREAS, the Planning Commission reviewed and considered this item at its meeting on
August 22, 2006 and recommended approval of the Ordinance to the City Council via Planning
Commission Resolution No. 06-035; 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. Compliance with California Environmental Quality Act ("CEQA"): The City Council
declares this ordinance is exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section
15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant
effect on the environment. This adoption of this ordinance is exempt from CEQA because the ordinance
Ord No. 17-06, Adopted 9/19/06, Item 4.11
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does not, in itself, allow the construction of any building or structure, but it sets forth the design
guidelines that shall be followed if and when a building or structure is proposed to be constructed or a site
is proposed to be developed under existing entitlements. This ordinance, therefore, has no potential for
resulting in significant physical change in the environment, directly or ultimately.
Section 2. Amendment of Chapter 8.62: Chapter 8.62 of the Dublin Municipal Code, entitled
"Historic Overlay Zoning District Site Development Review," shall be amended as set forth below only in
those sections so noted. Text to be removed is shown in strikethrough and text to be added is shown
underlined.
8.62.010
8.62.030
8.62.080
8.62.110
8.62.120
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 Design Guidelines Specific Plan.
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 Design Guideline
Specific Plan.
Required Findings. The following findings shall all be made in order to approve an
application for Historic Overlay Zoning District Site Development Review:
B. Any approval complies with the policies of the General Plan, with any applicable
the Dublin Village Historic Area Specific Plans, with the development regulations
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 of the Zoning
Ordinance.
E. The project is in substantial compliance with the applicable chapters of the Dublin
Village Historic Area Design Guidelines Specific Plan.
Waiver to an approved Historic Overlay Zoning District Site Development Review.
The Community Development Director or his/her designee may allow a minor change to
an approved Historic Overlay Zoning District Site Development Review as a Waiver upon
determining the following:
D. 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 Design Guidelines Specific Plan.
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
Ord No. 17-06, Adopted 9/19/06, Item 4.11
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District that does not have an approved Historic Overlay Zoning District Site Development
Review as a Waiver upon determining the following:
C. The proposed change is substantially consistent with the Dublin Village Historic
Area Design Guidelines Specific Plan.
8.62.130
Dublin Village Historic Area Design Cuidelines Soecific Plan. The Dublin Village
Historic Area Design Guidelines Specific Plan, adopted by the City Council on January 18,
~ August L 2006 through Resolution No. ~ 149-06, and as may be amended
thereafter, shall be used to guide the review of Historic Overlay Zoning District Site
Development Review applications.
Section 3. Severability: In the event any section or portion of this ordinance shall be determined
invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or
portions hereof shall remain in full force and effect.
Section 4: 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 passage. The City Clerk ofthe City of Dublin shall cause
the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with
Section 36933 of the Government Code of the State of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 19th day of
September 2006, by the following votes:
AYES: Councilmembers Hildenbrand, Oravetz and Zika, and Mayor Lockhart
NOES: None
ABSENT: Councilmember McCormick
ABSTAIN: None
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Ord No. 17-06, Adopted 9/19/06, Item 4.11
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