HomeMy WebLinkAboutOrd 27-08 Zoning Ord Amend
ORDINANCE NO. 27 - 08
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**********************
AMENDING ZONING ORDINANCE CHAPTER 8.04, TITLE, PURPOSE, AND AUTHORITY,
CHAPTER 8.36, DEVELOPMENT REGULATIONS, CHAPTER 8.40, ACCESSORY
STRUCTURES AND USES REGULATIONS AND CHAPTER 8.104, SITE DEVELOPMENT
REVIEW
ZOA 07-002
WHEREAS, the City Council, as a high priority goal for Fiscal Year 2007/2008, requested Staff
and the Planning Commission review Chapter 8.104, Site Development Review, of the Zoning Ordinance
and determine if any changes should be made to increase the effectiveness of the Chapter; and
WHEREAS, this update is separate from the comprehensive update to the Zoning Ordinance
which is currently being reviewed by the City; and
WHEREAS, the exact text amendments are shown in Section 2 through Section 5 of this
Ordinance; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project
on June 10,2008 and adopted Resolution No. 08-10 recommending that the City Council approve
modifications to Title 8 (Zoning Ordinance )of the Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council onJune 26, 2008;
and
WHEREAS, a Staff Report was submitted recommending that the City Council approve the
Zoning Ordinance Amendments; and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council
finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan; 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, BE IT RESOLVED that 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 15601(b) (3). Section 15601(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 does not, in
itself, allow the construction of any building or structure, but it sets forth the regulations that shall be
followed if and when a building or structure is proposed to be constructed or a site is proposed to be
Ord No. 27-08, Adopted 6/26/08, Item 4.6
Page 1 of 13
developed. This ordinance of itself, therefore, has no potential for resulting in significant physical change
in the environment, directly or ultimately.
SECTION 2.
Chapter 8.04, Title, Purpose, and Authority of the Dublin Municipal Code is hereby amended only in
those sections so noted below.
Chapter 8.04 TITLE, PURPOSE AND AUTHORITY
8.04.070 Exemptions From Permit Requirements. The permit requirements of this Ordinance do
not apply to the following activities, uses of land and structures, which are allowed in all
zoning districts:
A. Film and theater productions. Structures and related development required for temporary
motion picture, television and theater stage sets and scenery, and still photographic sessions,
provided that the development does not require alterations of the natural environment, i.e., removal
of vegetation, grading or earthwork.
B. Governmental activities. Activities of the City, State or an agency of the State, or Federal
Government on leased or federally owned land.
C. School facilities. Certain school facilities as provided by Government Code Sections 53091 et.
seq.
D. Solar collectors. The addition of solar collection systems to the roofs of existing structures.
E. Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency
of underground or overhead utilities (i.e., water, gas, electric, telecommunication, supply or
disposal systems, including poles, towers, wires, mains, drains, sewers, pipes, conduits, cables,
fire-alarm boxes, police call boxes, traffic signals, etc.), but not including structures, shall be
permitted in any zoning district, provided that the route of any electrical transmission line( s)
having the potential of 50,000 volts or more shall be subject to City Council review and approval
prior to acquisition of rights-of-way.
SECTION 3.
Chapter 8.36. Chapter 8.36, Development Regulations, of the Dublin Municipal Code is hereby amended
only in those sections so noted below.
CHAPTER 8.36
DEVELOPMENT REGULATIONS
8.36.020
Agricultural and Residential Development Regulations. It is required that every
building shall be built upon a site which conforms to the General Plan, applicable Specific
Plans, and the following development regulations:
Ord No. 27-08, Adopted 6/26/08, Item 4.6
Page 2 of 13
A. Development Regulations are minimums unless stated as maximums. All areas are given in
net square feet.
STANDARD A R.4 '. R..2 R..,M
.. . "
LOT AREA < ...
Interior lot 100 acres 4,000 8,000 5,000
SQ. ft. sq. ft. SQ. ft.
Comer lot 100 acres 5,000 9,000 6,000
sq. ft. sq. ft. SQ. ft.
LOTSQUARE NA 4,000 sq. ft. and 4,000 sq. ft. and 750 sq. ft. and larger
FOOTAGE larger as consistent larger as consistent as consistent with
PER DU with General Plan with General Plan. General Plan
LOT WIDTH & < ;,'
FRONTAGE .' < .. ..
Interior lot 300 feet 50 feet 80 feet 50 feet
Comer lot 300 feet 60 feet 90 feet 60 feet
LOT DEPTH NA .', too feet 7} t OOfeet 100 feet, . < .;
RESIDENTIAL 1 duo 1 du 2 du's 1 du per full 750 sq.
USE 1 Second Unit 1 Second Unit ft. (and larger as
(maximum per consistent with
lot) General Plan)
SETBACKS , ..., ! "'. > .;
....
Front 50 feet 20 ft. avg. 20 ft. avg. 18 ft. 20 ft.
18 ft minimum to minimum
garage (1)
Side 30 feet (2) 10 feet 10 feet (3)
Street Side 50 feet 10 feet 10 feet 10 feet
Rear 50 feet 20 feet 20 feet 30 feet
(1) Living spaces may encroach to 15 ft. from Front Lot Line with Site Development Review on lots
up to 6,000 square feet in size.
(2) Side Yard setbacks in the R-1 zoning district shall be a minimum of 5 feet plus one foot for each
full 1 0 feet by which lot width exceeds minimum lot width up to a maximum of 10 feet.
(3) Buildings with 4 or more residences in the R-M zoning district shall have a 15 foot Side Yard on
one side.
STANDARD A B.-I R-2 R..M <
DISTANCE BETWEEN 100 feet 10 feet 20 feet 20 feet
RESIDENCES
MAXIMUM LOT NA 40% 1 story, 40% 1 story, 40% 1 story,
COVERAGE 35% 2 stories 35% 2 stories 35% 2 stories
COMMON USEABLE NA NA NA 30 % of net site
OUTDOOR SPACE area
HEIGHT LIMITS (1) (1) (1) (2)
(1) West of Dougherty Road 25 feet and 2 stories; may be increased to 35 feet and 2 stories pursuant
to a Site Development Review approval by the Zoning Administrator. East of Dougherty Road;
35 feet and 2 stories.
(2) 35 feet if 4 or fewer du.; 45 feet if 5 or more du.; 75 feet if 5 or more duo and lot coverage does not
Ord No. 27-08, Adopted 6/26/08, Item 4.6 Page 3 of 13
exceed 35%.
8.36.050.A Front setback exceptions:
1. Future Right-Of-Way lines. Future Right-Of-Way lines may hereby be established by the
City of Dublin to determine special building setbacks from certain street or highway right~
of-way, including future road rights-of-way. In any case where a Future Right-Of-Way
Line is established, the Front Setback shall be measured from the Future Right-Of-Way
Line instead of the existing right-of-way line required by this Title, provided that the
exceptions for sloping lots in subsection A2 below shall also apply.
2. Sloping lots of 40,000 square feet or less. Where an existing sloping lot contains 40,000
square feet or less in net area and setback requirements are not specified on a recorded
subdivision map, the required Front Setback may be determined as set forth in this
subsection instead of as otherwise required by Chapter 8.36, Development Regulations.
This section is not intended to allow the placement of any structure within any easement
without explicit permission from all parties to the easement. This section is not intended to
allow the creation of new lots that do not satisfy all applicable standards of this Zoning
Ordinance.
a. Reduced setback for buildings. Where the average slope of an existing lot is one
vertical foot for every four horizontal feet (1 :4) or more in the first 60 feet of the lot
measured perpendicularly between the edge of the pavement or traveled way and
the proposed building, the Front Setback may be reduced by no more than 50
percent of the amount required for other lots in the same zoning district. Any
structure placed at the reduced setback shall satisfy the requirements of subsection
A.2.c. below.
b. Reduced setback for parking. Where the average slope of the front 30 feet of the
lot is one vertical foot for every five horizontal feet (1 :5) or more as measured
between the edge of pavement and the proposed building, a private garage, carport,
uncovered paved parking pad or deck with at least 2 parking spaces may be built to
the property line at the street Right-Of-Way, provided that it is located at least 8 feet
from the nearest Side Lot Line of the front half of an adjacent lot, and also satisfies
the requirements of subsection A.2.c. below.
c. Restrictions on structures at reduced setbacks. Any building or structure
approved for construction at the reduced Front Setbacks provided by this section
shall satisfy the following:
1. Approved by Department of Public Works. Any proposed construction
requiring a building permit shall first have been approved by the Department
of Public Works.
2. Encroachment Permit. No structure or improvement shall be allowed
within any City road right-of-way without first obtaining an encroachment
permit from the Department of Public Works.
Ord No. 27-08, Adopted 6/26/08, Item 4.6
Page 4 of 13
3. Living Area. No living area shall be permitted above any garage or other
structure located within the Front Setback area, except as provided in this
section, unless specifically approved by the Zoning Administrator or the
Planning Commission in response to a Site Development Review
application and at a legally noticed public hearing.
8.36.110
Height Limits and Exceptions
C Exceptions to height limits. The height limits for buildings and structures established by this
Chapter are subject to the following exceptions:
1. Public and quasi-public buildings and structures. In a zoning district with a height limit
of less than 75 feet, public and quasi-public buildings, communications equipment
buildings, schools, churches, hospitals, and other institutions permitted in the zoning
district, may be erected to a maximum height of75 feet, provided that all required setbacks
shall be increased by one foot for each foot of height that the building exceeds the normal
height limit established by the zone.
2. Residential exception - Sloping lots. The maximum height allowed for a dwelling may be
increased when the average natural slope of a proposed building envelope is 15 percent or
more, as follows:
15 percent
22.5 percent
30 percent or more
Max. Mlow~d Height ,.".
Incr~as~
5 feet
10 feet
15 feet
Building Site. Slope
The maximum allowed height for a dwelling on a site with slope between 15 and 22.5
percent may be increased over the five feet specified above by the same proportion that the
actual site slope exceeds 15 percent. The maximum allowed height for a dwelling on a site
with slope between 22.5 and 30 percent may be increased over the 10 feet specified above
by the same proportion that the actual site slope exceeds 22.5 percent.
3. Exceptions for specific types of structures:
a. Architectural features, mechanical equipment. Chimneys, vents, and other
architectural or mechanical appurtenances on buildings may be a maximum of 15
percent higher than the height limit of the applicable zone.
b. Freestanding structures. Towers, poles, water tanks, and similar structures may
be constructed higher than the height limit of the applicable zone if the additional
height is authorized through Site Development Review approval by the Zoning
Administrator.
c. Utility and communications facilities. Individual radio and television receiving
antennas, satellite dishes, transmission and distribution poles and towers for public
utilities are not subject to the height limits of this Chapter. See Chapter 8.92,
Ord No. 27-08, Adopted 6/26/08, Item 4.6 Page 5 of 13
Wireless Communication Facilities Regulations, regarding land use approvals for
those facilities.
SECTION 4.
Chapter 8.40. Chapter 8.40, Accessory Structures and Uses Regulations, of the Dublin Municipal Code is
hereby amended only in those sections so noted below.
CHAPTER 8.40
ACCESSORY STRUCTURES AND USES REGULATIONS
8.40.020
Accessory Structures
D. Requirements for Specific Accessory Structures that Apply City-wide.
1. Antennae. Antennae are subject to the provisions of Chapter 8.92, Wireless
Communications Facility Regulations.
2. Flag poles. Maximum height of 35 feet with a minimum 5 foot setback from any property
line. Additional height may be authorized through Site Development Review approval by
the Zoning Administrator.
F. Permitted Residential Accessory Structures.
1. General Requirements.
a. Exceptions to Accessory Structure Requirements. An exception to the
requirements of this section may be approved by the Zoning Administrator by
means of a Site Development Review.
SECTION 5.
Chapter 8.104. Chapter 8.104, Site Development Review, of the Dublin Municipal Code is hereby
amended to read as follows:
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 and to ensure the
following:
A.
To preserve the architectural character and scale of neighborhoods and the community.
B.
To ensure that development is well designed in relation to surrounding properties,
including that the design, character, height, fa9ade length, roof forms, colors, materials,
roof mounted equipment and architectural details of a proposed structure or remodeled
structure are compatible with the design, character, height, fa9ade length, roof form, colors,
materials and architectural details of structures in the vicinity.
Ord No. 27-08, Adopted 6/26/08, Item 4.6
Page 6 of 13
c.
D.
E.
F.
G.
H.
8.104.020
To ensure that projects enhance their sites and are harmonious with high standards of
improvements in the surrounding area.
To enhance the residential and business property values within the City.
To ensure compliance with development regulations and the requirements of zoning
districts, including but not limited to, setbacks, height, parking, landscaping, public art,
fences, accessory structures and signage.
To ensure that each project is designed to comply with the intent and purpose of the zoning
district in which it is located and with the General Plan and applicable Specific Plan.
To promote the health, safety and general welfare.
To ensure that projects provide adequate circulation for automobiles as well as pedestrians
and bicyclists to create a pedestrian friendly environment.
Exemptions From Site Development Review. The permit requirements of this Ordinance
do not apply to the following:
A.
Decks, Paths and Driveways. Decks, platforms, on-site paths, and driveways in the R-10r
R-2 Zoning Districts or any Planned Development Zoning Districts which allow similar
uses, are not over 30 inches above the walking surface, and are not over any basement or
story below.
B.
Fences. Fences in the R-1 or R-2 Zoning Districts or any Planned Development Zoning
Districts which allow similar uses.
c.
Irrigation. The installation of irrigation lines.
D.
Landscaping. The replacement of landscape species with the same species in the R-M,
Commercial or Industrial Zoning Districts, or Planned Development Zoning Districts that
allow multi-family or non-residential uses. All landscape modifications in the R-1 and R-2
Zoning Districts, excluding Heritage Trees, are exempt from review. Landscape
modifications in Planned Developments with single family uses shall not require review,
except where review is required pursuant to Section 8. 104.030.A. 1.
E.
Interior Modifications. Interior alterations that do not result in an increase in the gross
floor area within the structure, a change in the permitted use of the structure or the
modification of the existing configurations and uses of each room.
F.
Repairs and Maintenance. Ordinary repairs and maintenance, if the work does not result
in any change in the approved land use of the site or structure, or the addition to,
enlargement or expansion of the structure, and if any exterior repairs employ the same
materials and design as originally used.
G.
Retaining Walls. Retaining walls (retaining earth only) that do not exceed four feet in
height measured from the bottom of the footing to the top of the wall and are not required
Ord No. 27-08, Adopted 6/26/08, Item 4.6
Page 7 of 13
to obtain a grading permit.
8.104.030
Waiver. The Community Development Director or hislher designee may approve a Site
Development Review Waiver to allow a minor physical change to a site or structure, with
or without an approved Site Development Review, or minor modifications to approved Site
Development Reviews, where the improvement is Categorically Exempt from the
California Environmental Quality Act, as specified below.
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.
The Community Development Director shall determine if a Site Development Review
Waiver is appropriate for the review of the proposed improvement and may transfer
hearing jurisdiction of the project at any time.
A. Site Development Review Waiver. The following projects are subject to a Site
Development Review Waiver:
1. Single Family Residential Landscape Modification. In a Planned Development
with residential uses, the removal of a tree which is part of the streetscape of a
development or is required by the conditions of approval which is proposed to be
replaced or is proposed to be replaced with a different species.
2. Multi-Family, Commercial and Industrial Improvements. The following
improvements in the R-M, Commercial or Industrial Zoning Districts, or Planned
Development Zoning Districts with multi-family, commercial or industrial uses.
a. Minor Accessory Structures. Accessory structures which are less than or
equal to 120 square feet in size.
b. Color Modifications. Repainting of an existing building with a color(s)
which is different from the existing or approved color(s).
c. Fences and Walls. The replacement, reconstruction or construction of
fences and walls.
d. Parking Lot Restriping. The restriping of a parking lot.
e. Roof. A modification to the roof of a structure, including new roofing
materials, modifications to the parapet or the roof screen or a new parapet or
roof screen. Changes to the style or roof type (i.e. gable to a mansard, are
considered to be a fa9ade modification and require a Site Development
Review).
f. Minor Landscape Modifications. Minor landscape modifications in the R-
M, Industrial and Commercial Zoning Districts and Planned Developments
with multi-family, industrial or commercial uses.
Ord No. 27-08, Adopted 6/26/08, Item 4.6
Page 8 of 13
8.104.040
g. Minor Site Layout Modification. A minor modification of the layout of
the site including new paving areas, sidewalks or other similar
improvements as determined by the Community Development Director.
h. Window Modifications. Window modifications which include new and
replacement windows, frosting, tinting or the addition of other materials
which may obscure a window as determined by the Community
Development Director.
3. Minor Modifications to Approved Site Development Review. Minor
modifications to an approved Site Development Review (other than what is listed
here), where the modification is in substantial conformance with the approved Site
Development Review, is consistent with the conditions of approval for the Site
Development Review, and is exempt from the California Environmental Quality
Act.
4. Other Improvements. All other improvements determined by the Community
Development Director to be minor in nature and requiring review.
Projects Subject to Site Development Review. The following projects are subject to Site
Development Review. When a project which typically requires a Site Development Review
Waiver is combined with a project subject to a Site Development Review, the review and
project type shall be the highest level. In accordance with Chapter 8.96, Permit Procedures,
the Community Development Director and the Zoning Administrator may refer decision
making to the Planning Commission at any time.
A.
Community Development Director. The following projects are subject to a Site
Development Review, and shall be reviewed by the Community Development Director or
his/her designee:
1. Major Accessory Structures. Accessory structures which are greater than 120
square feet in size.
2. Addition. An addition which is less than 1,000 gross square feet in size or less than
15 percent of the total floor area of the structure (whichever is greater) to an
existing structure in the R-M, Commercial, or Industrial Zoning Districts, or
Planned Development Zoning Districts with multi-family or non-residential uses.
3. Agricultural Accessory Structures. All agriculture accessory structures.
4. Custom House. A new house in any Residential Zoning District or Planned
Development Zoning District with single family residential uses.
5. Flag Poles. All flag poles in any zoning district, which are over 35 feet in height.
6. Major Landscape Modifications. Major landscape modifications in the RooM,
Industrial and Commercial Zoning Districts and Planned Developments with multi-
family, industrial or commercial uses.
Ord No. 27-08, Adopted 6/26/08, Item 4.6
Page 9 of 13
7. Residential Additions. Residential additions which are over 500 square feet in size
in the R-1 or R-2 Zoning Districts or any Planned Development Zoning Districts
with residential uses.
8. Residential Demolition and Construction. A residential demolition and
construction which includes the demolition of 50 percent or more of the existing
exterior walls of the Principal Structure and the reconstruction, remodel or
construction of a new house in the R-1 or R-2 Zoning Districts or any Planned
Development Zoning Districts with residential uses.
9. Security Gates. Security gates and gate houses at project entrance(s) to a residential
or office development.
10. Signage. Signs which require a Site Development Review pursuant to Chapter 8.84,
Sign Regulations.
11. Major Site Layout Modification. A major modification of the layout of the site
including but not limited to a significant increase in paving areas, circulation, light
fixtures, parking or other similar improvements as determined by the Community
Development Director.
12. Wireless Communications Facilities. Subject to the provisions of Chapter 8.92,
Wireless Communications Facilities.
13. Minor Fa~ade Modifications. Minor fa9ade modifications in the RooM,
Commercial or Industrial Zoning Districts, or Planned Development Zoning
Districts with multi-family or non-residential uses. Minor fa9ade modifications
include, but are not limited to, trellises, arbors, arcades, building materials,
architectural details, a combination of improvements which would typically require
a Site Development Review Waiver if constructed separately, or any other
improvements determined to be minor by the Community Development Director.
B. Zoning Administrator. The following projects are subject to a Site Development Review,
and shall be reviewed by the Zoning Administrator during a Public Hearing:
1. Exception to Accessory Structure . Requirements. An exception to the
requirements of Chapter 8.40, Accessory Structures.
2. Front Yard Setback Encroachment for Living Area. As permitted by Chapter
8.36, Development Regulations, an encroachment for living area above the garage
or for any structure within the Front Yard Setback area.
3. Height Increase. An increase in the height of the Principal Structure, as permitted
by the regulations for the Agricultural, R-1 and R-2 Zoning Districts.
C. Planning Commission. The following projects are subject to a Site Development Review
and shall be reviewed by the Planning Commission during a Public Hearing:
Ord No. 27-08, Adopted 6/26/08, Item 4.6
Page 10 of 13
D.
8.104.050
8.104.060
8.104.070
1. Height Increase for Public and Semi Public Structures. A height increase for
public and semi public principal structures, as permitted by Chapter 8.36,
Development Regulations.
2. Height Increase for Towers and Water Tanks. A height increase for towers,
poles, water tanks and similar structures, as permitted by Chapter 8.36,
Development Regulations.
3. Multi-Family, Commercial and Industrial Improvements. The following
improvements in the R-M, Commercial or Industrial Zoning Districts, or Planned
Development Zoning Districts with multi-family or non-residential uses:
a. Additions. Additions which are 1,000 gross square feet or more, or greater
than 15 percent of the floor area of the structure.
b. Major Fa~ade Modifications. Major fa9ade modifications include projects
where the character or design of the building will significantly change as
determined by the Community Development Director.
4. New Principal Structures. All new principal structures, including principal
structures in a Planned Development, and any structure which is to be demolished
and reconstructed.
Historic Overlay Zoning District. All improvements within the Historic Overlay Zoning
District shall be reviewed in accordance with and subject to Chapter 8.62, Historic Overlay
Zoning District.
E.
Scarlett Court Overlay Zoning District. All improvements within the Scarlett Court
Overlay Zoning District shall be reviewed in accordance with and subject to Chapter 8.34,
Scarlett Court Overlay Zoning District
F.
All Other Improvements. All other improvements to structures or a site, which are not
otherwise mentioned in this Chapter, shall be subject to a Site Development Review
Waiver or Site Development Review, as determined by the Community Development
Director.
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 Community Development Director.
Action. The decision maker for Site Development Reviews shall be the Community
Development Director (or his/her designee), the Zoning Administrator (or his/her designee)
or the Planning Commission as set forth in this Chapter. The decision maker may approve,
conditionally approve, or deny a Site Development Review based on the required findings
in Section 8.104.100.
Concurrent Consideration. When a Site Development Review is required for a project
Ord No. 27-08, Adopted 6/26/08, Item 4.6
Page 11 of 13
8.104.080
A.
B.
8.104.090
8.104.100
c.
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
during the same public hearing.
Notice Of Decision, Public Hearing. The following notice requirements shall apply to
decision makers for Site Development Review:
Notice of Decision. The Community Development Director shall provide notice that a Site
Development Review decision is being considered, consistent with the Notice of Decision
provisions of Chapter 8.132, Notice and Hearings.
Public Hearing. A public hearing is required for decisions by the Zoning Administrator or
Planning Commission, with notice provided consistent with the provisions of Chapter
8.132, Notice and Hearings.
Notice for Concurrent Processing. Where a Site Development Review is being
considered concurrently with another permit requiring a public hearing, the notice and
public hearing requirements of the other permit shall apply.
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 that
ultimately approved the Site Development 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
8.104.030, Waiver.
Required Findings. All of the following findings shall all be made in order to approve a
Site Development Review and shall be supported by substantial evidence in the public
record:
A.
The proposal is consistent with the purposes of this Chapter, with the General Plan and
with any applicable Specific Plans and design guidelines.
The proposal is consistent with the provisions of Title 8, Zoning Ordinance.
The design of the project is appropriate to the City, the vicinity, surrounding properties and
the lot in which the project is proposed.
The subject site is physically suitable for the type and intensity of the approved
development.
Impacts to existing slopes and topographic features are addressed.
Architectural considerations including the character, scale and quality of the design, site
layout, the architectural relationship with the site and other buildings, screening of
unsightly uses, lighting, building materials and colors and similar elements result in a
project that is harmonious with its surroundings and compatible with other development in
the vicinity.
B.
c.
D.
E.
F.
G.
Landscape considerations, including the location, type, size, color, texture and coverage of
plant materials, and similar elements have been incorporated into the project to ensure
visual relief, adequate screening and an attractive environment for the public.
Ord No. 27-08, Adopted 6/26/08, Item 4.6
Page 12 of 13
H.
The site has been adequately designed to ensure proper circulation for bicyclists,
pedestrians and automobiles.
Construction Permits. Building and Grading Permits shall not be issued except in
accordance with the terms and conditions of the Site Development Review approval.
Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall apply
except as otherwise provided in this Chapter.
Design Guidelines. Any design guidelines which are approved for a particular site or area
shall apply to all Site Development Review Waivers and Site Development Ryview
applications for that site or area.
8.104.110
8.104.120
8.104.130
SECTION 6.
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 7.
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.
SECTION 8.
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 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, APPROVED AND ADOPTED this 26th day of June, 2008, by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
A(!:l t: ~
Deputy City Cletk
Ord No. 27-08, Adopted 6/26/08, Item 4.6
Page 13 of 13