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HomeMy WebLinkAboutOrd 11-07 Scarlett Court Overlay ORDINANCE NO. 11 - 07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********************** ADDING CHAPTER 8.34 TO THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE) ESTABLISHING THE SCARLETT COURT OVERLAY ZONING DISTRICT AND ADDING SECTION 8.104.030.J TO THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE) RELATING TO THE SCARLETT COURT OVERLAY ZONING DISTRCT SITE DEVELOPMENT REVIEW AND AMENDING THE ZONING MAP TO ADD AN OVERLAY ZONING DISTRICT DESIGNATION TO THE SCARLETT COURT AREA P A 03-063 WHEREAS, the Scarlett Court area consists of approximately 52 acres of land and is bounded on the west by Dougherty Road, the north by Dublin Boulevard, the south by 1-580 right-of-way, and the east by the Iron Horse Trail right-of-way; and WHEREAS, during the Goals and Objectives session for Fiscal Year 2002/2003, the City Council requested Staff, as a high priority item, to initiate a Specific Plan for the Scarlett Court Area; and WHEREAS, on June 20, 2006, the City Council directed Staff to divide the Specific Plan preparation into two phases with the first phase of the Scarlett Court Specific Plan to include landscape, signage and design guidelines; and WHEREAS, as part of this first phase, amendments to the Zoning Ordinance and Zoning Map are proposed as set forth herein, and no land use changes are proposed at this time; and WHEREAS, the existing underlying zoning designations of M-l, Light Industrial, and C-2 General Commercial (APN: 941-0550-012-11 only) will remain in full force and effect; 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 CEQA, according to CEQA Guidelines Section 15061(b)(3) because it can 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, the Planning Commission held public hearings on said amendments to the Zoning Ordinance on March 27,2007 and April 10, 2007, and adopted Resolution No. 07-18 recommending that the City Council adopt this Ordinance; and WHEREAS, the City Council of the City of Dublin does hereby find that the proposed Ordinance is consistent with the Dublin General Plan and all applicable Specific Plans. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby ordain as follows: Page 1 of6 Section 1. Addition a/Chapter 8.34: Chapter 8.34 of the Dublin Municipal Code is hereby added to read as follows: CHAPTER 8.34 8.34.010 8.34.020 A. B. 8.34.030 8.34.040 A. 8.34.050 SCARLETT COURT OVERLAY ZONING DISTRICT C. Purpose. The purpose of this Chapter is to establish a procedure to ensure that all development in the Scarlett Court Overlay Zoning District is reviewed for substantial compliance with the Scarlett Court Design Guidelines. Intent. The intent of this chapter is to: Enhance the aesthetics the Scarlett Court Area; Guide the design of future development and improvements to reinforce the Scarlett Court Design Guidelines; and Improve the public realm to create a positive pedestrian experience, enhance the area's image, and create a unique sense of place. Applicability. The Scarlett Court Overlay Zoning District is a designation in addition to the M-l (Light Industrial), C-2 (General Commercial) Zoning District that each property in the area retains. The standard Zoning District contains all information regarding permitted and conditionally permitted uses, development standards, and regulations, while the Scarlett Court Overlay provides a mechanism to review development on any of the properties in the District for substantial compliance with the Scarlett Court Design Guidelines. B. Projects subject to compliance with this Chapter: New Construction. Any new construction or additions to an existing structure within the Scarlett Court 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 Scarlett Court Overlay Zoning District, including but not limited to, facade renovation, new and/or additional windows and doors, and roof or ground-mounted mechanical equipment. Modification to Site Layout. Any modification to site layout or site improvements in the Scarlett Court Overlay Zoning District, including but not limited to, parking, walls and fencing, circulation, landscaping, accessory structures, or trash enclosures. C. D. Signage. Installation of new signage or replacement of sign copy in the Scarlett Court Overlay Zoning District. 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. Page 2 of6 8.34.060 8.34.070 8.34.080 8.34.090 8.34.100 Notice Of Decision. A Notice of Decision shall be given consistent with Chapter 8.132, Notice and Hearings. No public hearing is required for Scarlett Court Overlay Zoning District Site Development Review unless the application is being considered is a permit which requires a public hearing pursuant to Chapter 8.132. Concurrent Consideration. When a Scarlett Court 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. A. B. Required Findings. The following fmdings shall all be made in order to approve an application for Scarlett Court 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 any applicable Specific Plans, with the development regulations or performance standards established for the standard Zoning District in which it is located, and with all other requirements of the 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. The design of the project will provide a desirable environment for the development and an attractive environment for the public. The project is in substantial compliance with the applicable chapters ofthe Scarlett Court Design Guidelines. Action. The decision maker for Scarlett Court Overlay Zoning District Site Development Review applications shall be the Director of Community Development (or his/her designee), except as provided in Section 8.34.070, Concurrent Consideration, of this Chapter. The Director of Community 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 Scarlett Court Overlay Zoning District Site Development Review application. c. D. E. Amendment. The process for amending a Scarlett Court Overlay Zoning District Site Development Review approval shall be the same as the process for approving a Scarlett Court Overlay Zoning District Site Development Review application. The decision-maker for the Scarlett Court Zoning District Site Development Review amendment shall be the same decision-maker that ultimately approved the Scarlett Court Zoning District Site Development Review including approval on appeal. The Community Development Director or his/her designee may grant a Scarlett Court 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 8.34.110, Waiver, to an approved Scarlett Overlay Zoning District Site Development Review. Page 3 of6 8.34.110 A. 8.34.120 8.34.130 8.34.140 8.34.150 B. C. Waiver to an approved Scarlett Court Overlay Zoning District Site Development Review. The Community Development Director or his/her designee may allow a minor change to an approved Scarlett Court Overlay Zoning District Site Development Review as a Waiver upon determining the following: The proposed change is in substantial conformance with the approved Scarlett Court Overlay Zoning District Site Development Review; The proposed change is minor in scope; The proposed change is exempt from or not otherwise subject to the California Environmental Quality Act; and The proposed change is consistent with the conditions of approval for the Scarlett Court Overlay Zoning District Site Development Review and is substantially consistent with the Scarlett Court Design Guidelines. It is not the intent of this Chapter that a series of Scarlett Court Overlay Zoning District Site Development Review Waivers be used to circumvent the need for full and complete Scarlett Court Overlay Zoning District Site Development Review. D. Waiver for a project that does not have an approved Scarlett Court 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 Scarlett Court Overlay Zoning District that does not have an approved Scarlett Court Overlay Zoning District Site Development Review as a Waiver upon determining the following: A. B. 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 Scarlett Court Design Guidelines. It is not the intent of this Chapter that a series of Scarlett Court Overlay Zoning District Site Development Review Waivers be used to circumvent the need for full and complete Scarlett Court Overlay Zoning District Site Development Review. C. Scarlett Court Design Guidelines. The Scarlett Court Design Guidelines adopted by the City Council on May 1, 2007 by Resolution No. 54 - 07, and as may be amended thereafter, shall be used to guide the review of Scarlett Court 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 Scarlett Court 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 Scarlett Court Overlay Zoning District that does not involve a change in design, material, or exterior appearance and when such maintenance or repair is conducted in accordance with Chapter 8.140, Non-conforming Structures and Uses. Page 4 of6 8.34.160 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except as otherwise provided in this Chapter. Section 2. Addition a/Section 8.104.030.J: Section 8.104.030.J of the Dublin Municipal Code is hereby added to read as follows: Scarlett Court Overlay Zoning District Site Development Review. Any development in the Scarlett Court Overlay Zoning District (as indicated on the Zoning Map) shall be reviewed in accordance with and subject to Chapter 8.34, Scarlett Court Overlay Zoning District, in addition to this Chapter. Section 3. Amendment a/Zoning Map: The Zoning Map is hereby amended to add an overlay designation to the Scarlett Court Area as shown in Exhibit A. Staff is hereby directed to amend the official Zoning Map of the City of Dublin to reflect the addition of the Scarlett Court Overlay Zoning District designation to the Scarlett Court Area. Section 4. Compliance with California Environmental Quality Act ("CEQA ''): The City Council declares that this ordinance is exempt from CEQA based on the following findings: This ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), which provides 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 an activity that is exempt from CEQA because the ordinance does not, in itself, allow the construction of any building or structure. This ordinance, therefore, has no potential for resulting in a significant effect on the environment, directly or ultimately. Individual projects in the Scarlett Court area will be reviewed for compliance with CEQA. Section 5. 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 6. Savings Clause: All code provisions, ordinances, and parts of ordinances in conflict with the provisions of this chapter are repealed. The provisions of this chapter, insofar as they are substantially the same as existing code provisions relating to the same subject matter shall be construed as restatements and continuations thereof and not as new enactments. With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violation, right, liability or appeal. Page 5 of6 Section 7. 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 of the 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, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 15th day of May 2007 by the following vote: AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Mayor Lockhart NOES: None ABSENT: Councilmember Scholz ABSTAIN: None CC-MTGS/5-15-07 lOrd 11-07 Scarlett Ct Amend ZO 4.3 G:\PA#\2003\03-063 Scarlett Court Specific Plan\CC May 1\CC Ord Amend ZO.DOC Page 6 of6 Scarlett Court Overlay Zoning District Map ~ ~ l:r' _. c:r -. .... > Scarlett Court Overlay Zoning District ~ c/4. ~