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HomeMy WebLinkAbout8.2 Attmt 5 Chapter 8.104 Site Developmt Revw (existing)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 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, fa<<ade 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, fagade length, roof form, colors, materials and architectural details of structures in the vicinity. C. To ensure that projects enhance. their sites and are harmonious with high standards of improvements in the surrounding arE!a. D. To enhance the residential and business property values within the City. E. To ensure compliance with development regulations and the requirements of zoning districts, including but not limited ?-o, setbacks, height, parking, landscaping, public art, fences, accessory structures and signage. F. 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. G. To promote the health, safety and general welfam. H. To ensure that projects provide adequate circulation for automobiles as well as pedestrians and bicyclists to create a pedestrian friendly environment. 8.104.020 Exemptions From Site Development Review. -he 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-1 or R-2 Zoning Districts or any Planned Development Zoning Districts which allow similar residential 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 residential USES. City of Dublin Zoning Ordinance 104-1 July 2008 Attachment 5 SITE DEVELOPMENT REVIEW Chapter 8.104 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 shall not require Site Development Review. All landscape modifications in the R-1 and R-2 Zoning Districts, excluding Heritage Trees, are exE!mpt from review. Landscape modifications in the Planned Development Zoning District with single family uses shall not require review, except where review is required pursuant to Section 8.104.030.A.1. G. Interior Alterations. 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. H. Repairs and Maintenance. Ordinary repairs and maintenance are exempt 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. I. Retaining Walls. Retaining walls (retaining earth only) that do not exceed four feet in height measured from the bottom of the looting to the top of the wall and are not required to obtain a grading permit. 8.104.030 Waiver. The Community Development Director or his/her designee may approve a Site Development Review Waiver to allow a minor physical change to a site or structure, with or without a previously approved Site Development Review, or minor modifications to approved Site Development Reviews, where the improvement is Categorically Exempt from the California Environmental Quality Act and 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 do;termine 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 Landscapes Modification. In a Planned Development Zoning District 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, but which is proposed to be replaced or is proposed to be replaced with a different species. City of Dublin Zoning Ordinance 104-2 July 2008 SITE DEVELOPMENT REVIEW Chapter 8.104 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 facade modification and require a Site Development Review. f. Minor Landscape Modifications. Minor landscape modifications. 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 in this section), 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. City of Dublin Zoning Ordinance 104-3 July 2008 SITE DEVELOPMENT REVIEW Chapter 8.104 8.104.040 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 followi ig 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 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 c istrict, which are over 35 feet in height. 6. Major Landscape Modifications. Major landscape modifications in the R- M, Industrial and Commercial Zoning Districts and Planned Development Zoning Districts with multi-family, industrial or commercial uses. 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 at the entrance(s) to a residential or office development. City of Dublin Zoning Ordinance 104-4 July 2008 SITE DEVELOPMENT REVIEW Chapter 8.104 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 signif cant increase in paving areas, circulation, light fixtures, parking or other similar improvements as determined by the Community Development Director. 12. Wireless.Communications Facilities. Su:)ject to the provisions of Chapter 8.92, Wireless Communications Facilities. 13. Minor Facade Modifications. Minor facade modifications in the R-M, Commercial or Industrial Zoning Districts, or Planned Development Zoning Districts with multi-family or non-residential uses. Minor fagade 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 foi 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 Plannirg Commission during a Public Hearing: 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. City of Dublin Zoning Ordinance 104-5 July 2008 SITE DEVELOPMENT REVIEW Chapter 8.104 3. Multi-Family, Commercial and Industrial Improvements. The following improvements in the R-M, Commercial or Industrial Zoning Districts, or Planned Development Zoning Districts wi-:h multi-family or non-residential uses: a. Additions. Additions which are 1,000 square feet or more, or greater than 15 percent of the floor area of the structure. b. Major Fagade Modifications. Major fagade modifications include projects where the character o- 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 Zoning District, and any structure which is to be demolished and reconstructed. D. 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 Distr ct. 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 Developme -it Review, as determined by the Community Development Director. 8.104.050 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. 8.104.060 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 8.104.090. 8.104.070 Concurrent Consideration. When a Site Deve opment 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 during the same public hearing. City of Dublin Zoning Ordinance 104-6 July 2008 SITE DEVELOPMENT REVIEW Chapter 8.104 8.104.080 Notice Of Decision, Public Hearing. The following notice requirements shall apply to decision makers for Site Development REwiew: A. 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. B. 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. C. 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. 8.104.090 Required Findings. All of the following findings shall all be made in order to approve a Site Development Review and sh<<II 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 cesign guidelines. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance. C. The design of the project is appropriate to th a City, the vicinity, surrounding properties and the lot in which the project is proposed. D. The subject site is physically suitable for the type and intensity of the approved development. E. Impacts to existing slopes and topographic features are addressed. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship 'Nith 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. 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. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles. City of Dublin Zoning Ordinance 104-7 July 2008 SITE DEVELOPMENT REVIEW Chapter 8.104 8.104.100 Construction Permits. Building and Grading Permits shall not be issued except in accordance with the terms and conditions of the Site Development Review approval. 8.104.110 Procedures. The procedures set forth in ChaptE!r 8.96, Permit Procedures, shall apply except as otherwise provided in this Chapter. 8.104.120 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 Review applications for that site or area. City of Dublin Zoning Ordinance 104-8 July 2008