HomeMy WebLinkAboutCity of Dubln ComprehnsvZoningOrd Amndmt-Phase I 04-22-2008
AGENDA STATE1'1ENT
PLANNING COMMISSION MEETING DATE: April 22, 2008
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
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City of Dublin Comprehensive Zoning Ordinance Amendment - Phase
I (Legislative) - Phase I of the Comprehensive Zoning Ordinance
Amendment includes Chapter 8.04, Title Purpose, Authority and
Administration, Chapter 8.12, Zoning Districts and Permitted Uses of Land,
Chapter 8.16, Agricultural Zoning District, Chapter 8.20, Residential
Zoning Districts, Chapter 8.24 Commercial Zoning Districts, Chapter 8.28,
Industrial Zoning District, Chapter 8.34, Scarlett Court Overlay Zoning
District, Chapter 8.36, Historic District Overlay Zoning District, Chapter
8.40, Development Regulations, Chapter 8.44, Performance Standards and
Chapter 8.46, Accessory Structures.
Report prepared by: Erica Fraser, Senior Planner
1.
Resolution recommending the City Council adopt an Ordinance
approving a comprehensive update to Chapters Chapter 8.04, Title
Purpose, Authority and Administration, Chapter 8.12, Zoning
Districts and Permitted Uses (If Land, Chapter 8.16, Agricultural
Zoning District, Chapter 8.20, Residential Zoning Districts, Chapter
8.24 Commercial Zoning Districts, Chapter 8.28, Industrial Zoning
District, Chapter 8.34, Scarlett Court Overlay Zoning District,
Chapter 8.36, Historic Overlay Zoning District, Chapter 8.40,
Development Regulations, Chapter 8.44, Performance Standards and
Chapter 8.46, Accessory Structures with draft City Council
Ordinance attached as Exhibit A.
December 11, 2007 Planning Commission Study Session Agenda
Statement (without Attachments); and
Minutes from the December 11, 2007 Planning Commission Study
Session.
Revised Chapters in Phase I.
Chapters with Strikethrough and Bold Font Noting Modifications.
2.
3.
4.
5.
1.
2.
3.
4.
5.
Receive the Staff presentation;
Open Public Hearing;
Take testimony from the Public;
Close Public Hearing and delibe~ate;
Adopt Resolution (Attachment 1) recommending that the City
Council adopt an Ordinance (Exhibit A) approving a comprehensive
update to Chapters Chapter 8.04, Title Purpose, Authority and
Administration, Chapter 8.12, Zoning Districts and Permitted Uses
COPIES TO: In House Distribution
File
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G:\Zoning Ord\Comprehensive Update\Phase !\PC Agenda Statement - PH.DOC
ITEM NO. ii.L
of Land, Chapter 8.16, Agricultural Zoning District, Chapter 8.20,
Residential Zoning Districts, Chapter 8.24 Commercial Zoning
Districts, Chapter 8.28, Industrial Zoning District, Chapter 8.34,
Scarlett Court Overlay Zoning District, Chapter 8.36, Historic
Overlay Zoning District, Chapter 8.40, Development Regulations,
Chapter 8.44, Performance Staldards and Chapter 8.46, Accessory
Structures.
BACKGROUND:
The Planning Commission reviewed the Phase I comprehensive Zoning Ordinance amendments during a
Study Session on December 11, 2007. During the Study Session, th(: Planning Commission reviewed the
proposed changes to several chapters in the Zoning Ordinance (Attachment 2) and made several comments
and suggestions regarding the changes (Attachment 3). For additional background information please refer to
the December 11, 2007 Study Session Agenda Statement included as Attachment 2.
PROJECT DESCRIPTION:
The following Chapters of the Zoning Ordinance are included in Plase I of the comprehensive Zoning
Ordinance Update:
. Chapter 8.04, Title Purpose, Authority and Administration;
. Chapter 8.12, Zoning Districts and Permitted Uses of Land;
. Chapter 8.16, Agricultural Zoning District;
. Chapter 8.20, Residential Zoning Districts;
. Chapter 8.24 Commercial Zoning Districts;
. Chapter 8.28, Industrial Zoning District;
. Chapter 8.34, Scarlett Court Overlay Zoning District;
. Chapter 8.36, Historic Overlay Zoning District;
. Chapter 8.40, Development Regulations;
. Chapter 8.44, Performance Standards; and
. Chapter 8.46, Accessory Structures.
ANALYSIS:
Several changes have been made to the above Chapters in response to suggestions made by the Planning
Commission during the Study Session. Staff has also made some minor changes to the Chapters for
consistency and clarity. Staff has also underlined terms in each Cha}ter, rather than capitalize the terms
for better identification of the terms included in the Definitions Chapter. Staffs discussion of the changes
made since the Study Session is broken up by Chapter. For additional background information on all of
the changes that have been made to each Chapter, please refer to the Study Session Agenda Statement
included as Attachment 2.
Attachment 5 identified text which has been deleted with the strikethr<H:lgR font and new text with bold
font. Please note that although some items may be shown as new or removed, this text may have actually
been moved within a Chapter or from another Chapter.
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Chapter 8.04. Title Purpose. Authority and Administration
The Planning Commission did not request any changes to this Chapter during the Study Session. Staff has
made several edits to this chapter following the Study Session for clarity and grammar; however, no
significant changes have been made.
Chapter 8.12. Zoning Districts and Permitted Uses of Land
During the Study Session, Commissioner Tomlinson requested that 1he storage of petroleum products be
permitted in the Agricultural Zoning District with a Conditional Use Permit (reviewed by the Zoning
Administrator, to facilitate agricultural operations. Staff has revised this category to allow the storage of
petroleum products in the Agricultural Zoning District with a Conditional Use Permit from the Zoning
Administrator. Staff has also included film studios in the list of conditionally permitted uses in the M-1
Zoning District to provide additional clarification on where these studios are allowed in the City.
Chapter 8.16. Agricultural Zoning District
The Planning Commission did not request any changes to this Chaptu during the Study Session. Staffhas
made several edits to this chapter following the Study Session for clarity and grammar; however, no
significant changes have been made.
Chapter 8.20. Residential Zoning Districts
During the Study Session, Commissioner Tomlinson requested that the purpose statements in Section
8.20.010 be revised to include a statement similar to one of the purpose statements in Chapter 8.24,
Commercial Zoning Districts, which states that the purpose is to "promote high standards of site and
landscape design for commercial and office." Chapter 8.20 has been revised to include Section 8.20.01O.F
which states that one of the purposes of the residential district is to "promote high standards of site
planning and landscape design for residential developments within the City."
Staff has also further revised this chapter to include the intent of each zoning designation (for example
Section 8.20.030.A.I) to further explain the purpose of each of the residential zoning districts.
During the Study Session, there was considerable discussion on front yard paving restrictions. Based on
input from the Planning Commission during the Study Session, Staff has moved the regulations for front
yard paving out of this Chapter and these regulations will now be induded in Chapter 8.72, Landscaping
and Fencing Regulations, which will be reviewed by the Planning Commission during Phase IT of the
comprehensive update.
Chapter 8.24. Commercial Zoning Districts
The Planning Commission did not request any changes to this Chapter during the Study Session. Staffhas
made several edits to this chapter following the Study Session for clarity and grammar; however, no
significant changes have been made.
Staff has also further revised this chapter to include the intent of each zoning designation (for example
Section 8.24.030.A.1) to further explain the purpose of each of the commercial zoning districts.
Chapter 8.28. Industrial Zoning Districts
The Planning Commission did not request any changes to this Chapter during the Study Session. Staffhas
made several edits to this chapter following the Study Session for clarity and grammar; however, no
significant changes have been made.
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Chapter 8.34. Scarlett Court Overlay Zoning District
The Planning Commission did not request any changes to this Chapter during the Study Session. Staff has
made several edits to this chapter following the Study Session for clarity and grammar; however, no
significant changes have been made.
Chapter 8.36. Historic District Overlay Zoning District
The Planning Commission did not request any changes to this Chapter during the Study Session. Staff has
made several edits to this chapter following the Study Session for clarity and grammar; however, no
significant changes have been made.
Chapter 8.44. Development Regulations
During the Study Session, the Planning Commission requested that Figure 40-3 which provided an
explanation on the measurement of height be revised for clarity. Stafrhas updated this diagram which can
be found on page 41 of Exhibit A to Attachment 1.
The Planning Commission also requested that additional diagrams he included in this section and other
sections where appropriate. Two new diagrams have been added which include Figure 40-1 on page 37 of
Exhibit A to Attachment 1, which provides an explanation of the calculation for a compensating provision
of a rear yard, and Figure 40-3 on page 39, which provides an explanation of architectural feature
projections with respect to side yard setbacks.
Commissioner Tomlinson suggested that Staff review the diagrams in the Palo Alto Zoning Ordinance
and incorporate these diagrams where appropriate in the City's Zoning Ordinance. Staff reviewed the Palo
Alto Zoning Ordinance and determined that the diagrams included in this particular Zoning Ordinance
relate to design requirements. Design requirements will be discussed in the Community Design Element
of the General Plan (which is anticipated to be reviewed by the Plcnning Commission late spring/early
summer) and therefore Staff has determined that these diagrams should not be included to prevent
confusion and future conflicts with the Community Design Element.
Chapter 8.44. Performance Standard~
The Planning Commission did not request any changes to this Chapter during the Study Session. Staffhas
made several edits to this chapter following the Study Session for clarity and grammar; however, no
significant changes have been made.
Chapter 8.46. Accessory Structures and Uses
During the Study Session, the Planning Commission discussed accessory uses and whether accessory uses
should be limited in a tenant space before a Conditional Use Permit is required. In the draft Chapter, Staff
suggested that accessory uses comprise no more than 30 percent of a space before a Conditional Use
Permit is required. After considerable discussion regarding this, the PJ anning Commission determined that
30 percent was an appropriate limitation and the requirement has been left in the proposed Chapter.
The Planning Commission and Staff also discussed whether or not office space in the Industrial Zoning
District should be limited. After considerable discussion on this subject, the Planning Commission
determined that office space should be limited and agreed with Staff's recommendation that office space
in the Industrial Zoning District be limited to no more than 30 percent of the tenant's space. Projects
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which require a Conditional Use Permit are exempt from this requirement because the floor plan and
usage of the space is reviewed during the Conditional Use Permit pro::ess.
ENVIRONMENTAL REVIEW:
The project has been found to be exempt from the California Environmental Quality Act (CEQA),
according to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the
amendments to Title 8 (Zoning Ordinance) ofthe Dublin Municipal Code (Zoning Ordinance) may have a
significant effect on the environment.
NEXT STEPS:
Following tonight's meeting, Staff will bring Phase I of the comprehensive Zoning Ordinance
Amendments to the City Council during a public hearing (first reading). Following the first reading, Staff
will delay the second reading of these Chapters until all Chapter:; are ready for adoption so that all
Chapters of the new Zoning Ordinance take effect at the same time.
CONCLUSION:
Staff is recommending a significant number of modifications to the existing Zoning Ordinance to improve
the clarity of the Zoning Ordinance, ensure its effectiveness, ensure that the Zoning Ordinance is
consistent with current practices and to create a more user friendly Ordinance which will benefit Staff as
well as the community.
RECOMMENDATION:
Staff recommends that the Planning Commission receive the Staff presentation; open Public Hearing; take
testimony from the Public; close Public Hearing and deliberate; and adopt Resolution (Attachment 1)
recommending that the City Council adopt an Ordinance (Exhibit A) approving a comprehensive update
to Chapters Chapter 8.04, Title Purpose, Authority and Administratiol, Chapter 8.12, Zoning Districts and
Permitted Uses of Land, Chapter 8.16, Agricultural Zoning District, Chapter 8.20, Residential Zoning
Districts, Chapter 8.24 Commercial Zoning Districts, Chapter 8.28, Industrial Zoning District, Chapter
8.34, Scarlett Court Overlay Zoning District, Chapter 8.36, Histor,c Overlay Zoning District, Chapter
8.40, Development Regulations, Chapter 8.44, Performance Standards and Chapter 8.46, Accessory
Structures.
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