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HomeMy WebLinkAbout1-Planning Commission . ~. !- . - PLANNING COMMISSION e I. A) Discuss City's Development Design Review Policies and Guidelines The Planning Commission has requested that the City Council discuss the process of design review for projects coming before the staff, Commission and Council. In particular, Vice Chair Don Johnson has expressed the desire on behalf of the Planning Commission to discuss the following issues: 1. Who should be involved in design review (staff only as now in the Ordinance) or some modification of present procedures. 2. Are there particular design review issues that the City Council believes are important to focus attention? (elevations of tall buildings, residential architecture, colors, materials, etc.) 3. Are there ways where staff can display site development drawings to allow Planning Commission and City Council members to review architectural, landscaping and site conditions before public hearings on the project? 4. Are the present Ordinance provisions adequate or should changes be made for more Planning Commission or City Council involvement in SDR; recognizing that more processing time may result? At present, design review (architectural, landscape and site conditions) of projects is normally handled by staff through the Site Development Review process after the Planning Commission and City Council have approved zoning or tentative maps for various projects. Only when a project includes both a rezoning request (PD usually) and a Site Development Review at the same time does the Planning Commission review such issues. The City Council has only reserved final approval of a Site Development Review for the Hacienda Crossings Commercial project. A copy of the SDR guidelines and the section of the Zoning Ordinance detailing what is required to be submitted to staff to start the Site Development Review process is attached B) Discuss City's Code Enforcement Policy The Planning Commission, as expressed by Vice Chairman Johnson, would like to discuss present enforcement policy with regard to proactive or complaint basis enforcement in various categories. A copy of the present City Council policy on enforcement of Zoning Ordinance regulations (signs, property management, uses, etc.) is attached C) Discuss City Council's philosophy on residential (adult/child) care facilities in residential neighborhoods The Planning Commission has asked that the City Council discuss their philosophy on residential (adultlchild) care facilities in residential neighborhoods. - 1 - .-. - ." '0. .'. ~ __-_ . ',.' .". I ~ .... -. - ~ - .' ...... " ".' : I .. .: " . . . . "- e e Planner Date /~ ;G~+,\ 0'1' /:\. \t~ /'. \~ f~ 4.l1FOR~\ CITY OF DUBLIN APPLICATION SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT REVIEW (SDR) On a case by case basis, a City Planner will place a checlanark (..J) next to" the information required to be submitted. The City Planner may determine that specific information is not needed to process a particular application. If the City Planner decides to waive certain information, the City Planner will initial the waived information and keep a copy of the form for City records. Incomplete application submittals will not be accepted unless a Planner has signed a submittal requirement waiver specifically identifying those items waived. Incomplete or inaccurate information may result in processing delays or denial of the project. Checking off the Quick Check box does not necessarily mean that all the required application items have been submitted. Staffwill do a thorough review of the submittal for completeness and environmental determination, often involving an on- (site visit. Staffwill send a notice to you within 30 days listing the needed items if the application is incomplete. To comply with State law, the following represents a comprehensive list of information which must be submitted prior to acceptance of the application for a Site Development Review: . C~NERAL INFORMATION Project Street Address/Location: Project Name: Project Description: Zoning District: Specific Plan Designation: Applicant Name: APN: General Plan Designation: Phone: Submittal Reauired Quick Check Completed Application FormfProcessinr Fee Arreement Form including the address and signatures of Applicant(~) and Property Owner(s). Completed Environmental Information Form (Initial Study) including signatures of Applicant(s) and Property Owner(s). Apolication Fee and Processinr Deposit All Districts = $140 (Cash or check payable to City of Dublin) Fee $140 Il.'P!~ Environmental FiJino FeesIDeposits _ Count\! Adminstrative Fees ($25.00) (check payable to Alameda Coun(l' Qerk) Initial Study Fee ($25.00) (payable 10 Clry of Dublin) Environmentallmpact Reoort Deposit (payable /0 CII)' of Dublin) Special Srudies Deposti (traffic noise ete.) (payable 10 Ciry oj Dublin) $ N/A N/A N/A N/A .. TOTAL FEE $ .! ...r_.-~ .' , " .' . ..... " . Submittal Reauired .. _.',' '0:..;' .~~.:'. .. "w Quick Check ,.". .... e e Written Statement/description of proposal (1 copy) describe the requested use in detail and give reasons why the application should be approved. Provide factual information supporting the following necessary findings and indicating whether the project is located on a hazardous waste and substances site (pursuant to Government Code Section 2.65962.5). If the site is included on a list of hazardous waste and substance sites, the list shall be specified on the statement: a WiI\ the approval of this application be consistent with the intent/purpose of Section 8-95.0 Site Development Review? b. Will the approval of this application, as conditioned, comply with the General Plan and with District (or Planned Development) Regulations and the General Requirements established in the Zoning Ordinance? . c. Will the approval of this application, as conditioned, be in the best interests of the public health, safety and general welfare? d. WiJl the proposed site development, including site layout, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements designed provide a desirable environment for the development? e. Will architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and lighting, and similar elements be incorporated into the project in order to insure compatibility of this development with the development's design concept or theme and the character of adjacent building and uses? f. Will landscape considerations, including the locations, type, size, color; texture and coverage of plant materials, provisions and similar elements be considered to insure visual relief and an attractive environment for the public? Preliminarv Title ReportlPropertv Profile (1 copy) to document ownership prepared within three months of application submittal. Public Notice Materials: a. Reproduced copy of Alameda County Assessor's Parcel Number (APN) showing the proje(:t parcel(s) outlined in red and a 300-foot radius in blue drawn from the perimeter of the parcel(s), b. Two sets of mailing labels; one set addressed to current property owners by name; and another set addressed to all current occupants/tenants. The labels need to show the addresses and AP)~, within 300 feet of the parcel(s) typed on 8Y:," x 11" sheet labels. (Example of how these labels sho;,:ld be typed:) J. Doe (property Owner) APN: 941-042-0003 1010 Main Street Any town, CA 91234 Occupantffenant APN: 941-012-3456 1010 Dublin Blvd. Dublin, CA 94568 c. Plain envelopes (1 set) 4W'x9Y:," with fIrst class postage (no return address) with labels affixed on envelopes. Vicinity Map (1 copy) showing the site in relation to nearest cross streets. c:\planning\forms\quiksdr(1-95) -2- '-. -:.:.:. .~. . ~ .. .."'" .". . '. '.,..0'. Submittal ReQuired ~; Quick Check e e Site Plan L- copies) drawn to I" = 20' scale and fully dimensioned (folded, 9" x II" maximum size). The plans IDJm be prepared and signed by a licensed civil engineer, surveyor, architect, or designer. The plans ~ graphically and understandably describe the proposal. The plans IlliID show the following: a. b. c. d. e. north arrow and scale; dimensioned property lines, easements and adjacent streets. location and setbacks of all existing and proposed structures and parking on the site; location and dimensions of existing and proposed parking, driveways and loading areas; location, setbacks and dimensions of all existing and proposed structures, parking driveways, walkways,landscape areas, fences, retaining walls, signage and trash enclosures on and within 50 feet of the project site; summary of development calculations including site area (gross and net, each floor and total) floor area of all buildings and uses, number of parking stalls (required and proposed), lot area coverage (allowed and proposed), percent oflandscaping and when appropriate, number of beds, students, dining seats, auditorium/church seats, occupants, employees of largest work shift, or square feet of assembly floor area. f. Gradinr Plan L- copies) showing existing (dashed line) and proposed or finish grade (solid line) contours at two~foot intervals, boundaries of all cut and fill areas, cross-sectic.ns of site where topographic c;ir:nges exceed 5%, and direction and path of drainage on, through and off the site (indicate any proposed and existing drainage channels or facilities) (folded, 9" x II" maximum size). Preliminarv Land!icaDe Plan, L- copies) showing locations of proposed plant materials (folded, 9" x I]" maximum size), including the following: a. plant palette with the name of the proposed plants (both common and botanical), quantities, spacing and containers sizes, and growth rate; b. locations of proposed plants, berms, concrete curbs, paths, fencing, and miscellaneous structures (including above grade utility structures such as PG&E transformers). Building- Elevations L- copies) fully dimensioned and drawn to a liS" = I' scale of all sides of all proposed structures. Elevations must include building materials, colors, trash enclosures, fencing, roof screening details and signage. Colored Buildinr Elevations. (1 set, full size and mounted) Color and Material Palette (1 set) indicating the proposed finishes of all exterior materials (including roof and walls) and color samples of paint or manufactured products to be applied on the building exterior (including fascia and trim). Floor Plans L- copies) fully dimensioned, drawn to scale, shov'ing exterior doors and windov ~. stairways, mechanical rooms and hallways (folded, 9" x 11 ", maximum size). Roof Plan L- copies) drawn to scale showing the direction of slope of roof elements and location of mechanical equipment, ducts and vents (folded, 9" X II" maximum size). Reduced Copies (2 copies each, 11" :x 17") of each plan. Special Information or information in such form and number as may be required by the Planning Department. c:\planning\forms\quiksdr(1-95) -3- .'. ~._.. .', ..-.:;....:....,'.',.'......',..,:. ..':". ..~.'._.,.~........~.,.... e e Submittal Reauired Quick Check This application submittal is incomDlete and cannot be accepted. Planner Date This application appears to be comDlete and processinf will bef'in. The estimated TARGET DATE for action on the project is by the: Planning Staff Zoning Administrator Planning Commission City Council Namerritle Date . For assistance or questions regarding this form, please contact: PLANNING DEPARTMENT STAFF, CITY OF C"UBLIN, 100 CIVlC PLAZA, DUBLIN, CA 94568, (510) 833-6610. -4- c:\planning\forms \quiksdr(1-95) ._:+-_--0: :_. -. - - ~ "'_-0' .' e e SITE DEVELOPMENT REVIEW Chapter 8.104 CHAPTER 8.104 SITE DEVELOPMENT REVIEW 8.104.010 Purpose. The purpose of this Chapter is to establish a procedure for approving, conditionally approving, or denying Site Development Review permits. 8.104.020' Intent. The intent of this Chapter is: A. To promote orderly, attractive and harmonious site and structural development compatible with individual site environmental constraints and compatible with surrounding properties and neighborhoods. B. To resolve major project-related issues including, but not limited to, building location, architectural and landscape design and theme; vehicular and pedestrian access and on-site circulation, parking and traffic impacts. c. To ensure compliance with development regulations and the requirements of zoning districts, including but not limited to, setbacks, heights, parking, landscaping and fences, accessory structures, and signage. D. To stabilize property values. E. To promote the general welfare. 8.104.030 Projects subject to Site Development Review: A. Addition. An addition to an existing structure, where the addition involves 1,000 gross square feet or more, located within a C-O, C-N, C-1, C-2, M-P, M-1 or M-2 Zoning District. B. Agricultural structures. All structures in the Agricultural Zoning District shall be subject to Site Development Review with the exception of a single family home. C. Exterior Modification Of Existing Structure. Any e},.'terior modification of an existing structure with a gross floor area of 1,000 square feet or more located within a C-O, C-N, C-l, C-2, M-P, M-1 or M-2 Zoning District, including but not limited to, facade renovation, new and/or additional windows and doors (with frames), and roof or ground-mounted mechanical equipment. This does not include painting, window glass replacement or tinting, replacement of sign copy, and similar minor modifications. City of Dublin Zoning Ordinance 1 04-1 September, 1997 .. e e SITE DEVELOPMENT REVIEW Chapter 8.104 ..:;..-. D. Modification To Site Layout. Any modification to site layout or improvements in a C-O. C-N. C-l. C-2. M-P. M-l or M-2 Zoning District, including but not limited to. parking. fencing. circulation, landscaping, accessory structures, or trash enclosures. E. New Construction. Any new construction with a gross floor area of 1.000 square feet or more located within a C-O. C-N. C-l, C-2. M-P. M-l or M-2 Zoning District. F. Planned Developments. Pursuant to Development Plans approved for a Planned Development district. G. Sign age. Pursuant to the Sign Ordinance where applicable. H. 8.104.040 8.104.050 8.104.060 8.104.070 Where Site Development Review Is Otherwise Required By This Title. Examples include fann buildings, signage. enclosed accessory structures in multi- family districts, security gates, commercial accessory structures. encroachment of living spaces on Front Lot Line. tree removal/replacement, vehicle stacking, non- residential parking lot, parking in Front Yard Setbacks of a non-residential lot, and perimeter landscaping. Application. The Applicant shall submit a complete 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 a Site Development Review unless the application is being considered concurrently with another permit requiring a public hearing. Concurrent Consideration. When a Site Development Review is required for a project which 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 a Site Development Review: A. Approval of this application is consistent with the purpose and intent of this Chapter. . . ~.~. ~ .; :~:-:-.. .- ., 104-2 September, 1997 City of Dublin Zoning Ordinance . I '. I' e e SITE DEVELOPMENT REVIEW Chapter 8.1 04 " .- B. Any approval complies with the policies ofthe General Plan, with any applicable Specific Plans, with the development regulations or performance standards established for the zoning district in which it is located, and with all other requirements of the Zoning Ordinance. C. 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 approved site development, including site layout, structures, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements, has been designed to provide a desirable environment for the development. E. The subject site is physically suitable for the type and intensity of the approved development. F. Impacts to views are addressed. G. Impacts to existing slopes and topographic features are addressed. H. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project and as conditions of approval in order to insure compatibility of this development with the development's design concept or theme and the character of adjacent buildings, neighborhoods, and uses. ~. .... - - :.:".::-: 1. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to ensure visual relief and an attractive environment for the public. ' J. The approval of the Site Development Review is consistent with the Dublin General Plan and with any applicable Specific Plans. 8.104.080 Action. The decisionmaker for Site Development Reviews shall be the Director of Community Development (and hislher designee). The Director of Conununity Development may, based on evidence in the public record, and the findings above, make an administrative decision to approve, conditionally approve, or deny a Site Development Review. . ~ .-- .. ~- ;;:~~i-:.! City of Dublin Zoning Ordinance 1 04-3 September, 1997 e e SITE DEVELOPMENT REVIEW Chapter 8.104 8.104.090 Amendment. The process for amending a Site Development Review shall be the same as the process for approving a Site Development Review except that the decision-maker for such Site Development Review shall be the same decision-maker that ultimately approved the Site Developme~t Review including approval on appeal. The Community Development Director or his/her designee may grant a 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 8.104.100. Waiver. 8.104.100 Waiver. The Community Development Director or his/her designee shall determine that a Site Development Review Waiver is in substantial conformance with the Site Development Review if it is a minor project as described below, is Categorically Exempt from the California Environmental Quality Act, and is consistent with the conditions of approval for the Site Development Review. It is not the intent of this Chapter that a series of Site Development Review Waivers be used to circumvent the need for a new Site Development Review. A minor project shall include any of the following: 1. The physical expansion of a structure by no more than 1000 square feet. " ,:. 2. The exterior modification of no more than 100 square feet of surface area of an existing structure. 8.104.11 0 Guidelines. Site Development Review Guidelines adopted by the City Council on May II, 1992 shall be used to guide the review of Site Development Review applications. 8.104.120 Building Permits. Building Permits shall not be issued except in accordance with the terms and conditions of the Site Development Review approval. 8.104.130 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 1 04-4 September, 1997 .: e e RESOLUTION NO. 134 - 97 {}~: 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 104-97. WHEREAS, on August 19, 1997, the City Council of the City of Dublin did adopt Resolution No. 104-97 establishing a policy for enforcement of Zoning, Building, Housing and Property Maintenance violations, and WHEREAS, Resolution 104-97 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, 104-97 for minor amendments regarding temporary political signs 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. 104-97. 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 4th day of November, 1997. AYES: NOES: Councilmembers Burton, Howard, Lockhart and Mayor Houston None ATTEST. ~~ ABSENT: Councilmember Barnes ABSTAIN: iNone }C2/G/11-4-97/resoenfdoc ~ e e Attachment 4<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 ofthe 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 pennit. THE FOLLOWING SHALL BE ENFORCED WITHOUT A CONWLAINT: 1. Building work actually observed to be under construction without permits. 2. 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. 3. Conditions brought to the attention of the City in any manner which involve public health and safety. 4. A-frame signs. 5. Banner Signs without permits. 6. Outdoor display of merchandise. 7. Off-street recreational vehicle parking. 8. Property Maintenance Ordinance. 9. Repair of automobiles or other vehicles which are not registered to the occupant of a residence. 10. Repair or dismantling of a vehicle in front of a residence. r~~~.F-~~T. "-:;:-"~..~~"'I~.--r'~""~~"~li7.-;mcal"i~:' ~-~-;":~T;.~m Jl.'.''''d'' emporary"po, tl, SleDS_,-:;.,;;! 12. 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. 1 ;.' e e SIMILAR VIOLATIONS IN THE IM:MEDIATE 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 inunediate 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 Govenunent 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. ".' 'J ..! .... " e e CODE ENFORCEMENT PROCEDURE Stage One: Receive Complaint . Speak to customer and clarify complaint (within 24 hours) . Educate customer as to: _ relevant city ordinances and policies - enforcement procedures - time frames <- t I Stage Two: Investigate (with 48 hours of receiving complaint) . Conduct field inspections . Communicate with property owners and tenants . Research . Determine if a violation exists _ If no violation exists - notify customer (within 48 hours) _ If violation exists seek voluntary compliance (within 48 hours) Stage Three: Seek Voluntary Compliance . Establish and maintain open communication lines with violator .. Educate violator as to: _ Relevant city ordinances and policies - Enforcement procedures . Conduct inspections . Determine if violator will voluntary comply _ If violator complies - notify customer (within 48 hours) _ If violator refuses to comply - take enforcement action (within 48 hours) Stage Four: ' Enforcement . Issue a warning notice (NCR form or certified letter) . Issue a citation . Work with courts to reach final resolution of the problem Stage Five: Notification . Contact customer with final disposition of complaint (within 48 hours) Miscellaneous . Return all phone calls within 24 hours . Provide a written case history to the City Manager within 24 hours (when requested) . When cases are open for an extended period of time, customers will be contacted and updated on a monthly basis.