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HomeMy WebLinkAboutOrd 23-82 Zon/Plan Matters ORDINANCE NO. 23 AN ORDINANCE OF THE CITY OF DUBLIN ESTABLISHING THE JURISDICTION OF THE PLANNING DIRECTOR AND THE PLANNING COMMISSION WITH REGARD TO VARIOUS ZONING AND PLANNING MATTERS The City Council of the City of Dublin does ordain as follows: Section 1. DEFINITIONS Variance: A variance is a per~it issued to a landowner which allows exception from the provisions of the zoning ordinance. A variance may be granted only when special circumstances apply to the property which deprive the property of parity with other properties in the same zone. A variance shall not'be granted for a use or activity not expressly auth- orized by the zoning ordinance. Conditional Use Permit: A conditional use permit is a permit issued-to a landowner to conduct a use in a zone in which the particular use is not allowed as a matter of right, but which may be necessary or desirable subject to careful regulation for the protection of the community. Site Development Review: A site development review is a review and approval of the development plans of uses and structures as they relate to their design, sites, surrounding · 'traffic circulation, and environmental setting. . Parcel Map: A parcel map refers generally to a map made for the purpose of showing the design and improve- ment of a proposed subdivision of four or less parcels or for those subdivisions defined in Government Code Section 66426(a), (b), (c) and (d). Tentative Map: A tentative map refers to a map made for the purpose of showing the design and improve- ment of a proposed subdivision and the existing conditions in and around it, and need not be based upon an accurate or detailed final survey of the property. Government Code Section 66424.5. Section 2. VARIANCES A request for a variance shall be submitted to the Planning Director. The Planning Director shall have the authority to approve or disapprove such requests. Appeals from the decision of the Planning Director regard- ing a variance shall be taken to the City Council by those parties and in the manner defined in Section 1. of Ordinance No. 11. SeCtion 3 CONDITIONAL USE PERMITS A request for a cOnditional use permit shall be submitted to the Planning commission, except as here- after set forth. The Planning Commission shall have the authority to approve or disapprove such requests. Appeals from the decision of the Planning Commission regarding a conditional use permit shall be taken, to the City Council by those parties' and in the manner defined in Section 1 of Ordinance No. 11. In'the event that the subject of a conditional use permit is a community care facility, van accessory use, an accessory unit or a temporary use and only in such event, the request for a conditional use permit shall be submitted to the Planning.Director. The Planning DirectOr shall have '.the authority to approve or disapprove'such requests. Appeals from the decision of the Planning Director regarding a conditional use permit shall be taken to the Planning Commission by those parties and in the manner defined in 'Section 1 of Ordinance No. 11. The decision of the Planning Commission maY, in turn, be appealed to the City Council by those parties and in the manner defined in Section 1 of Ordinance No. 11. _- . , Section 4. SITE DEVELOPMENT REVIEW A request for a site development review shall be submitted to the Planning Director. The Planning Director shall have the authority to approve or disapprove such requests. Appeals from the decision of the Planning Director regarding a site development review shall be taken to the Planning Commission by those parties and in the manner defined in Section 1 -of Ordinance No. 11. The decision of the Planning Commission may, in turn, be appealed to the City Council by those parties and in t~e manner defined in Section 1 of Ordinance No. 11. Section 5. PARCEL MAP Submission of a parcel map shall be made to the Planning Commission. The Planning Commission shall have the authority to approve or disapprove a parcel map. Appeals from the decision of the Planning Commission regarding a parcel map shall be taken to the City Council by those parties and in the manner defined in Section 1 of Ordinance No. 11. Section 6. TENTATIVE MAP Submission of a tentative map shall be made to the Planning Commission. The Planning Commission shall have the authority to approve or disapprove a tentative map. Appeals from the decision of the Planning Commission regarding a tentative map shall be taken to the City Council by those parties and in ~he manner defined in Section 1 of Ordinance No. 11. -2- Section 7, DISCRETION OF PLANNING DIRE'CTOR The Planning Director shall have the discre- tion to refer an.application for a variance or an application for a site development review.to the Planning Commission for initial determination. In such cases, an appeal from the decision.~of~the Planning Commission shall be taken to the City Council by those parties and in the manner defined in Section 1 of Ordinance No. 11. Section· 8. POSTING OF· ORDINANCE 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 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of.Dublin on this 13th'' day of December 1982, by the following votes: AYES: Cm. Burton, Hegarty, Jeffery, Moffatt & Mayor Snyder. NOES: None ABSENT: None MAYOR ATTEST: -3-