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HomeMy WebLinkAboutItem 4.04 Zoning Ord Sign & Permit^~~~ I1 ~~ ~' -~ ~~/ CITY CLERK File#^~}^0^O^-3^OO ~/0' 30 ~tSD " 20 -<,~IFpul" AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 21, 2009 SUBJECT: ZOA 09-001: Zoning Ordinance Amendments (Legislative) - Amendment to the Sign Regulations and the Permit Procedures Chapters (Chapter 8.84 and Chapter 8.96) of the Zoning Ordinance to be effective for aone-year period, and amendment to the Site Development Review Chapter (Chapter 8.104) of the Zoning Ordinance. Report prepared by Erica Fraser, Senior Planner ATTACHMENTS: 1) July 7, 2009 City Council Staff Report (without attachments). 2) Ordinance amending Dublin Municipal Code Chapter 8.84 relating to Sign Regulations and Chapter 8.96 relating to Permit Procedures for aone-year period - ZOA 09-001. 3) Ordinance amending Dublin Municipal Code Chapter 8.104 relating to Site Development Review - ZOA 09-001. RECOMMENDATION: 1) Waive the Reading and adopt the Ordinance amending Dublin Municipal Code Chapter 8.84 relating to Sign Regulations and Chapter 8.96 relating to Permit Procedures for aone-year period - ZOA 09-001; and 2) Waive the Reading and adopt the Ordinance amending Dublin Municipal Code Chapter 8.104 relating to Site Development Review - ZOA 09-001. FINANCIAL STATEMENT: No financial impact. DESCRIPTION: Background At the request of the City Council, Staff has been reviewing the Zoning Ordinance for ways to provide a stimulus to the business community and property owners in the City during the current economic climate. The Planning Division identified several alternatives to streamline the entitlement process for development applications and to promote businesses in Dublin. These alternatives included temporary modifications, for atwo-year period, related to the display of Promotional Banners and Balloons, and the extension of the effective period of permits, and "permanent" modifications related to the hearing body and type of review for minor projects. COPIES TO: Page 1 of 2 G:17.oning Ord~.LO,~ 09-OOi ICC 7-ZI ICC Agenda Statement Second Reading 7-21.doc ITEM NO. ~• l On May 5, 2009, Staff presented the proposed Zoning Ordinance modifications to the City Council for discussion. The City Council unanimously agreed with Staff's recommendations regarding the proposed "permanent" modifications to Chapter 8.104, Site Development Review and the temporary modification to Chapter 8.96, Permit Procedures. The City Council had considerable discussion regarding the proposed temporary modifications to the Sign Ordinance related to Temporary Promotional Banners and Balloons. The City Council ultimately decided to move forward with Staff's recommendations regarding Promotional Banners, however, the City Council decided the proposed modifications should only be in effect for one year (and requested that Staff bring this item back for discussion in one year). The City Council decided not to make any changes regarding Temporary Promotional Balloons. The City Council directed Staff to bring a draft Ordinance to the Planning Commission, modifying Chapters 8.84, 8.96 and 8.104, for the Commission's recommendation to City Council. Staff then prepared a draft Ordinance to address direction by the City Council. The proposed Zoning Ordinance amendments include modifications to the Site Development Review Chapter (Chapter 8.104) regarding the level of review required for projects, modifications to the Sign Regulations Chapter (Chapter 8.84) to facilitate the use of Banner Signs and modifications to the Permit Procedures Chapter (Chapter 8.96) to increase the effective period of Permits. On May 26, 2009, Staff presented the draft Ordinances to the Planning Commission for their review. The Planning Commission discussed the proposed modifications to the Zoning Ordinance and requested that a few minor modifications be made to the Ordinance. The Planning Commission adopted Resolution 09-24 recommending that the City Council approve temporary amendments to Chapter 8.84, Sign Regulations, and Chapter 8.96, Permit Procedures, and adopted Resolution 09-25 recommending that the City Council approve amendments to Chapter 8.104, Site Development Review with minor modifications. At the July 7, 2009 City Council meeting, the Council conducted a public hearing, waived the reading and introduced an Ordinance approving amendments to the Sign Ordinance and Permit Procedures (Chapters 8.84 and 8.93 of the Zoning Ordinance) for a temporary one-year period. The City Council also made several permanent changes to Chapter 8.104, Site Development Review. The City Council also adopted a Resolution approving an amendment to the City's fee schedule for residential additions over 500 square feet in size, and residential demolition and construction projects which require Site Development Review. The Staff Report from the July 7, 2009 City Council meeting is attached for additional information (Attachment 1). CONCLUSION: Several modifications are proposed to be made to the Zoning Ordinance in order to improve its effectiveness and to provide temporary relief from some of the provisions of the Zoning Ordinance during the current economic climate. All of the proposed modifications are aimed at assisting property owners and businesses in the City and to help ease them through these difficult times. The City Council reviewed the proposed amendments during a public hearing on July 7, 2009 and introduced two Ordinances (Attachments 2 and 3) to amend the Zoning Ordinance. RECOMMENDATION: Staff recommends that the City Council: 1) Waive the Reading and adopt the Ordinance amending Dublin Municipal Code Chapter 8.84 relating to Sign Regulations and Chapter 8.96 relating to Permit Procedures for aone-year period - ZOA 09-001; and 2) Waive the Reading and adopt the Ordinance amending Dublin Municipal Code Chapter 8.104 relating to Site Development Review - ZOA 09-001. Page 2 of 2 `~~o~DU~~t CITY CLERK. ~ ;, File # ^©® 00-3 D~ ~- ~ -~ 8z Lf l0 - 30 ~' ~ ~~-~ O~LIFOR~I~ I ~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 7, 2009 SUBJECT: PUBLIC HEARING: ZOA 09-001: Zoning Ordinance Amendment and Site Development Review Permit Fee (Legislative) -Amendment to the Sign Regulations and the Permit Procedures Chapters (Chapter 8.84 and Chapter 8.96) of the Zoning Ordinance to be effective for aone-year period, and amendment to the Site Development Review Chapter (Chapter 8.104) of the Zoning Ordinance and a Site Development Review fee for residential additions and residential tear downs. Report prepared by Erica Fraser, Senior Planner ATTACHMENTS: 1) May 5, 2009 City Council Agenda Statement (without attachments). 2) Ordinance amending Dublin Municipal Code Chapter 8.84 relating to Sign Regulations and Chapter 8.96 relating to Permit Procedures for aone-year period - ZOA 09-001. 3) •June 17, 2008 City Council Agenda Statement (without attachments). 4) Minutes from the June 17, 2008 City Council meeting. 5) Ordinance amending Dublin Municipal Code Chapter 8.104 relating to Site Development Review - ZOA 09-001. 6) Resolution Amending Resolution 49-06 to revise the adopted fee schedule for residential additions over 500 square feet in size and residential demolition and construction projects which require site development review. 7) May 26, 2009 Planning Commission Agenda Statement (without attachments). 8) Minutes from the May 26, 2009 Planning Commission meeting. RECOMMENDATION: 1) Receive the Staff presentation; 2) Open the Public Hearing; ~~ 3) Take testimony from the Public; 4) Close the Public Hearing and deliberate; 5) Take the following actions: a) Waive reading and introduce an Ordinance amending the Dublin Municipal Code Chapter 8.84 relating to Sign Regulations and Chapter 8.96 relating to Permit Procedures for aone-year period - ZOA 09-001; COPY TO: File--------------------------------------------------------------------- ~ `~ 1 ~ ~ --~~ `~ " Page 1 of 9 Attachment 1 ~1 (~ b) Waive reading and introduce an Ordinance amending ~he Dublin Municipal Code Chapter 8.104 relating to Site Development Review - ZOA 09-001; and c) Adopt a Resolution amending Resolution 49-06 to revise the adopted fee schedule for residential additions over 500 square feet in size and residential demolition and construction projects which require site development review. PROJECT DESCRIPTION: At the request of the City Council, Staff has been reviewing the Zoning Ordinance for ways to provide a stimulus to the business community and property owners in the City during the current economic climate. The Planning Division identified several alternatives to streamline the entitlement process for development applications and to promote businesses in Dublin. These alternatives included temporary modifications, for atwo-year period, related to the display of Promotional Banners and Balloons, and the extension of the effective period of permits, and "permanent" modifications related to the hearing body and type of review for minor projects. On May 5, 2009, Staff presented the proposed Zoning Ordinance modifications to the City Council for discussion (Attachment 1). The City Council unanimously agreed with Staff's recommendations regarding the proposed "permanent" modifications to Chapter 8.104, Site Development Review and the temporary modification to Chapter 8.96, Permit Procedures. The City Council had considerable discussion regarding the proposed temporary modifications to the Sign Ordinance related to Temporary Promotional Banners and Balloons. The City Council ultimately decided to move forward with Staff's recommendations regarding Promotional Banners, however, the City Council decided the proposed modifications should only be in effect for one year (and requested that Staff bring this item back for discussion in one year). The City Council decided not to make any changes regarding Temporary Promotional Balloons. The City Council directed Staff to bring a draft Ordinance to the Planning Commission, modifying Chapters 8.84, 8.96 and 8.104, for the Commission's recommendation to City Council. Staff then prepared a draft Ordinance to address direction by the City Council. The proposed Zoning Ordinance amendments include modifications to the Site. Development Review Chapter (Chapter 8.104} regarding the level of review required for projects, modifications to the Sign Regulations Chapter (Chapter 8.84) to facilitate the use of Banner Signs and modifications to the Permit Procedures Chapter (Chapter 8.96) to increase the effective period of Permits. The proposed Amendments are discussed in the Analysis Section of this Staff Report. ANALYSIS: The proposed modifications to the Zoning Ordinance are discussed below. Temporary Modifications to the Zoning Ordinance Sign Regulations (Chapter 8.84) Temporary Promotional Banners are regulated by the Sign Regulations Chapter of the Zoning Ordinance (Chapter 8.84). Section 8.84.OSO.S of the Zoning Ordinance includes regulations related to the display of Promotional Banners which advertise special events, sales and promotional needs of businesses. Several temporary modifications are proposed to provide some relief from the current regulations in order to expand the. advertising opportunities available to businesses in the City. 2of9 ~~ t:~r-- The Zoning Ordinance currently regulates the time frame in which a Banner maybe displayed, the waiting period between Banner displays and the size of Promotional Banners. Staff proposes to modify these Regulations in order to promote businesses in Dublin. The proposed modifications would increase the number of days Banners aze allowed to be displayed, reduce the waiting period between Banner displays and modify the size requirements. - The following table illustrates the existing and proposed regulations for Temporary Promotional Banners. Table 1: Temnnrarv Prmm~tinn al Ran Hare _ Fv:a+:.,., n., rl D.......~..,,a n,......1..aL..~,. Existing Regulation Proposed Regulation Display Period Maximum of 15 consecutive Maximum of 21 consecutive calendar days calendar days Waiting Period 30 days 21 days Size Maximum of 30" tall x 24' long 60 square feet Location None Signs may not be located above Re uirement the eave By increasing the time a Banner may be installed on a property and decreasing the waiting period in between Banners, businesses will be allowed additional days throughout the year in which they can advertise special events and sales occurring at their location. The maximum size for Promotional Banners is proposed to be changed to 60 square feet, which is the maximum overall size currently allowed; however, by utilizing a maximum overall size rather than a maximum height and length, businesses will have more flexibility to design a Banner to suit their needs. In order to prohibit businesses from placing their signs so that they project above the roof of the building, the regulations are proposed to be amended to prohibit signs from being located so that the sign is above the eave of the building in which the business is located. The proposed Regulations would be effective for a period of one year. Prior to the expiration of the Amendments, Staff will bring the Ordinance back to the City Council for discussion. The City Council will then determine if they want to allow the Amendments to remain in effect for an additional period of time or if they would like the Ordinance to expire. Once the Ordinance has expired, the Zoning Ordinance will revert back to the current Regulations. The proposed Amendments are included on Pages 7 and 8 of Attachment 2. Permit Procedures (Chapter 8 96) The proposed Amendment to the Permit Procedures Chapter (Chapter 8.96) of the Zoning Ordinance is also a temporary Amendment. Section 8.96.O10.D of the Zoning Ordinance establishes the length of time a permit (typically Conditional Use Permits and Site Development Review permits) is valid and currently states that "construction or use shall commence within one (1) year of permit approval, or the permit shall lapse and become null and void." The Zoning Ordinance allows Applicants to apply for one 6-month extension prior to expiration of a permit. Today's economic climate has made it difficult for Developers to obtain financing prior to expiration of their permits. Additionally, some Developers would like to begin the Planning process but have expressed concerns that the economic climate may not be right for them to begin construction prior to expiration of their permits. z ~fo y ~ ~~ In order to assist Developers and to encourage Developers to stay in the Planning process, a temporary modification to Section 8.96.O10.D is proposed to extend the effective period for Planning Permits. Please refer to the table below for the existing and proposed regulations. This modification would be retroactive to extend the approvals of existing, valid permits. T~hlp 7• Permit F..rniratinn _ F.xictinu and PrnnOSed Regulations Existing Regulation Proposed Regulation 1 year from permit 2 years from permit Permit Expiration approval approval Permit Extension 6 Months 6 Months The proposed regulations would be effective for a period of one year. Prior to the expiration of this Amendment, Staff will bring the Ordinance back to the City Council for discussion. The City Council will then determine if they want to adopt an Ordinance allowing the modification to continue or if they would like the Ordinance to expire. Once the Ordinance has expired, the Zoning Ordinance will revert back to the current regulations The proposed Amendment is included on Pages 8 and 9 of Attachment 2. Permanent Modifications to the Zoning Ordinance Site Development Review (Chapter 8.104) On June 17, 2008, the City Council adopted an Ordinance amending the Site Development Review Chapter (Chapter 8.104) of the Zoning Ordinance to improve the clarity of the Chapter, to ensure its effectiveness and to ensure that the Site Development Review Chapter was consistent with current practices (Staff Report and Minutes included as Attachments 3 and 4) .The amended Site Development Review Chapter has been in effect for approximately 11 months. As part of the City's effort to assist business owners through the current economic climate and streamline our processes, several additional changes are proposed to the Site Development Review Chapter (Chapter 8.104) of the Zoning Ordinance. The proposed Amendments would reduce the time and costs associated with obtaining Planning approval for minor projects. Modifications are proposed to the regulations for accessory structures, additions to principal structures and the reviewing body for facade modifications and the regulations are discussed in more detail below. The discussion includes a comparison of the current regulations, the regulations that were in effect prior to the 2008 Amendment, and the proposed Amendments. Accessory Structures -Multi-Family, Commercial and Industrial The Site Development Review Chapter establishes the level of review (Site Development Review Waiver or Site Development Review) that is required for accessory structures in the Single-Family, and the Multi- Family, Commercial, and Industrial Zoning Districts. The level of review is based on the size of the accessory structure. A Site Development Review requires notification of property owners and tenants within 300 feet of the project site, can take up to one month to process and the cost is based on Staff time and materials associated with the review of the project. A Site Development Review Waiver does not require notification of property owners, has a flat fee of $250 and is typically processed in one to three business days. 4 of 9 c ,~. ,~ ~ a, ~, The following table illustrates the regulations that were in effect prior to the 2008 Zoning Ordinance Amendment, the existing regulations, and Staff s proposed modifications to the regulations for accessory structures in the Multi-Family, Commercial, and Industrial Zoning Districts. Table 3: Accessory Structure Regulations -Multi-Family, (`nmmPrt~ial and inrlnctrial 7,nninu nictricts Required Permit Type Previous Regulations (Prior to July 2008) Existing Regulations Proposed Regulations Accessory Structures <120 square feet Site Development As determined by the Community Accessory Structures or Review Waiver Development Director < 120 square feet Accessory Structures that are not visible from any street Accessory Structures that are visible from any Site Development Review As determined by the Accessory Structures street, located on a (by Community Community Development Director > 120 square feet property adjacent to a residentially zoned Development Director) property and > 120 square feet For example, if these modifications are enacted, a retail business that wanted to construct a 1,000 square foot accessory structure at the rear of the store (which is not visible from the street), would be reviewed pursuant to a Site Development Review Waiver. If the business wanted to construct a 1,000 square foot accessory structure at the front of the store (which would be visible from the street) the accessory structure would be reviewed pursuant to a Site Development Review. Accessory Structures which are not visible from the street are not typically controversial projects and do not typically have significant impacts. By decreasing the level of review required for minor accessory structures and accessory structures which are not visible from the street, this Amendment would reduce the permitting burden on property owners. The proposed modifications are shown on pages 4 and 5 of Attachment S. Accessory Structures -Residential The following table illustrates the regulations for accessory structures in the Single-Family Residential Zoning District that were in effect prior to the 2008 Amendment, the existing regulations, and Staff's proposed modifications to the regulations. Table 4: Accessory Structures Regulations -Single Family Residential Zoning Districts Required Permit Previous Regulations Existing Regulations Proposed Regulations Type (Prior to July 2008) Site Development No permit required for No permit required for Review Accessory Structures that Accessory Structures Accessory Structures that (by Community comply with the > 120 square feet comply with the Develo ment Director Develo ment Re ulations Develo ment Re ulations 5 of 9 ~ ~~`~ a ~ Single-family residential accessory structures are required to comply with the existing development regulations in the Zoning Ordinance. The development regulations establish the maximum size, height, and setback for accessory structures. Single-family residential accessory structures that do not comply with the development regulations require approval of a Site Development Review. Site Development Review would no longer be required for single-family residential accessory structures that are greater than 120 square feet provided that they comply with the development regulations for accessory structures. The proposed modifications are consistent with the regulations in place prior to the 2008 Zoning Ordinance Amendment. The proposed modifications are shown on pages 4 and 5 of Attachment 5. Multi-Family, Commercial and Industrial Additions The Site Development Review Chapter of the Zoning Ordinance establishes the reviewing body for additions to the principal structure in the Multi-Family, Commercial and Industrial Zoning Districts and Planned Development Zoning Districts with similar uses. Staff is proposing a modification to the types of additions that can be reviewed by the Community Development Director. The following table illustrates the regulations that were in effect prior to the 2008 Zoning Ordinance Amendment, the existing regulations, and proposed regulations with respect to additions. Table 5: Regulation of Additions to Principal Structures - Multi-Family, Commercial and Industrial Zoning Districts Required Permit Previous Regulations Existing Regulation Proposed Regulation Type (Prior to July 2008) Site Development As determined by the Review Waiver Community Development -- -- Director Additions < 1,000 square Site Development 000 square Additions < 1 feet in size or <15% of the Review As determined by the , feet in size or <15 /o of the building floor area (by Community Community Development building floor area (whichever is greater) Development Director (whichever is greater). or Director) Any addition which is not visible from any street Site Development As determined by the Additions > 1,000 square Additions that are visible Review (by Planning Community Development feet in size or >15 /o of the from any street and > 1,000 Commission Review) Director building floor area square feet in size or >I S /° (whichever is greater). of the building floor area Typically, additions which are less than 1,000 square feet in size or are not visible from the street do not have significant impacts. By allowing Staff to review these types of additions, Applicants will save time and money while trying to improve their property. For example, if a property owner with a large building wanted to construct a 2,000 square foot addition to their building which was visible from the street, the addition would be less than 15% of the overall floor area of the building (total building size is 139,410 square feet), this addition would be reviewed by the Community Development Director. If the property owner wanted to construct a 21,000 square foot addition, this addition would be larger than IS% of the floor area of the building and would be visible from the street and therefore would be reviewed by the Planning Commission. Finf9 ~"I ~~- a1 The modifications are shown on pages 5 and 6 of Attachment 5. Facade Modifications The current Site Development Review Chapter of the Zoning Ordinance divides facade modifications into two categories: Major and Minor (Sections 8.104.040.A.13 and 8.104.040.0.3}. The Site Development Review for Minor Facade Modifications are reviewed by the Community Development Director and the Site Development Review for Major Facade Modifications are reviewed by the Planning Commission. The Community Development Director determines which types of facade improvements are Major and which are Minor. In order to reduce the burden on the Applicant and encourage property owners to improve their properties, Staff is recommending that the Site Development Review for all facade remodels be reviewed by the Community Development Director. This would be consistent with the procedures that were in place prior to the Zoning Ordinance update approved in 2008. Prior to issuing a decision on facade modifications, the Community Development Director would send out a notice to all tenants and property owners within 300 feet of the project site and would also notify the Planning Commission and City Council of the proposed project. The Community Development Director can transfer hearing jurisdiction on a project at any time to the Planning Commission, should a proposal be controversial. The following table illustrates the pre 2008 Amendment, existing, and proposed reviewing body for facade modifications. Tahle (~ Facade Mnditicatinns Existing and Proposed Regulations Required Permit Type Previous Regulations (Prior to July 2008) Existing Regulation Proposed Regulation Site Development Review (by Minor Facade Community All Facade Remodels Remodel All Facade Remodels Development Director) Site Development Major Facade Review (by Planning None Remodel None Commission) The modifications are shown on pages 5 and 6 of Attachment 5. Residential Permit Fee (500 square foot addition and demolition and reconstruction} At the June 17, 2008 City Council meeting, the City Council directed Staff to include a flat fee of $500 for residential additions and residential demolition and construction projects which require a Site Development Review with the next fee update (Attachments 3 and 4). A fee update has not yet occurred, therefore, Staff is proposing that the City Council amend the Fee Schedule to include this flat fee at this time. Typically, Staff charges on a time and materials basis for Site Development Review applications. Time and materials include all Staff time associated with processing a project application which can amount to a large sum of money. However, the City would not want to discourage homeowners from improving their property due to a high permit cost. The City does not typically fully subsidize permit fees for improvements. The City does currently subsidize the fee for certain permits, such as large family daycares (the application fee is $100) in order to encourage these types of facilities. 7 of 9 r~ r ~- ~~' a~ Staff estimates that it would take approximately four hours to process a Site Development Review for these types of improvements. The City currently charges $129.27 per hour for Planning staff time. This would result in a cost of approximately $517 or more, if more time were needed, if the City charged for actual time spent. Staff acknowledges that some permits may take longer to process, however in order to encourage homeowners to continue to improve their property, Staff is recommending a flat fee of $500 for the Site Development Review for residential additions which are 500 square foot (or more) and the demolition and reconstruction of a residential home. A Resolution amending the City's Fee Schedule to include a flat fee for these types of improvements is included as Attachment 6. Pi,ANNING C011'IMiSSiON: On May 26, 2009, Staff presented the draft Ordinances to the Planning Commission for their review (Attachment 7). The Planning Commission discussed the proposed modifications to the Zoning Ordinance (Attachment 8) and requested that the following modifications be incorporated into the City Council Ordinances: • Include a requirement in Section 8.84.OSO.S of the Zoning Ordinance to prohibit businesses from displaying banners above the eave of the building; • Change the statement "visible from the street" to "visible from any street" for accessory structures and additions for clarity; and • Require Site Development Review for accessory structures, in the R-M, Commercial and Industrial Zoning Districts, which are larger than 120 square feet and adjacent to properties in the R-1 a~ld R-2 Zoning Districts and Planned Development Zoning Districts with similar uses. At the meeting, the Planning Commission adopted Resolution 09-24 recommending that the City Council approve temporary amendments to Chapter 8.84, Sign Regulations, and Chapter 8.96, Permit Procedures, and adopted Resolution 09-25 recommending that the City Council approve amendments to Chapter 8.104, Site Development Review with the modifications noted above. 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) of the Dublin Municipal Code (Zoning Ordinance) may have a significant effect on the environment. PUBLIC NOTICING: In accordance with State law, a public notice was published twice in the Valley Times and posted at several locations throughout the City. A notice of this hearing was mailed to those requesting such notice 14 days before the hearing and the Staff Report and attachments were made available for public review 10 days prior to the public hearing in accordance with Government Code Sections 66016 and 66017. CONCLUSION: Several modifications are proposed to be made to the Zoning Ordinance in order to improve its effectiveness and to provide temporary relief from some of the provisions of the Zoning Ordinance during the current economic climate. The proposed temporary modifications to the Sign Ordinance will expand 8 of 9 will increase the effective period of Planning permits. By reducing the level of review required for some projects that require Site Development Review, the City will encourage continual improvement of properties by making the process easier for minor projects and will also reduce the amount of money spent by Applicants due to a reduction in Staff time spent on a project. The flat fee for residential additions and demolition and construction projects which require Site Development Review will reduce homeowner costs in order to encourage property owners to improve their property. All of the proposed modifications are aimed at assisting property owners and businesses in the City and to help ease them through these difficult times. RECOMMENDATION: Staff recommends that the City Council: 1) Receive the Staff presentation; 2) Open the Public Hearing; 3) Take testimony from the Public; 4) Close the Public Hearing and deliberate; 5) Take the following actions: a) Waive reading and introduce an Ordinance amending the Dublin Municipal Code Chapter 8.84 relating to Sign Regulations and Chapter 8.96 relating to Permit Procedures for aone-year period; b) Waive reading and introduce an Ordinance amending the Dublin Municipal Code Chapter 8.104 relating to Site Development Review - ZOA 09-001; and c) Adopt a Resolution amending Resolution 49-06 to revise the adopted fee schedule for residential additions over 500 square feet in size and residential demolition and construction projects which require site development review - ZOA 09-001. Q..ro ORDINANCE NO. XX - 09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE DUBLIN MUNICIPAL CODE CHAPTER 8.84 RELATING TO SIGN REGULATIONS AND CHAPTER 8.96 RELATING TO PERMIT PROCEDURES FOR AONE- YEAR PERIOD ZOA 09-001 WHEREAS, at the request of the City Council, Staff has reviewed the Zoning Ordinance for ways to provide a stimulus to businesses and property owners in the City during the current economic climate; and WHEREAS, the City Council has identified temporary modifications to Chapter 8.84, Sign Regulations, and Chapter 8.96, Permit Procedures, of the Zoning Ordinance which will provide assistance to business and property owners during the current economic climate; and WHEREAS, the proposed modifications would be in effect for a period of one year from the effective date of the Ordinance adopted by the City Council; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on this Project on May 26, 2009 and adopted Resolution 09-24 recommending that the City Council approve temporary modifications to Title 8 (Zoning Ordinance) of the Municipal Code; and WHEREAS, a properly noticed public hearing was held by the City Council on July 7, 2009; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Zoning Ordinance Amendments; and WHEREAS, pursuant to section 8.120.OSO.B of the Dublin Municipal Code, the City Council finds that the 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, 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 developed. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. ATTACHMENT 2 r~ ~-~ a~ CF.(`Ti(1N ~ Section 8.84.030 of Chapter 8.84 of the Dublin Municipal Code, entitled "Sign Regulations," is hereby amended as follows, with deletions indicated in strikethrough (s~l~'~~ and additions indicated in underline (underline "Section 8.84.030 Sign Approvals and Decisionmaker Authority by Zoning District. Matrix A, Sign Approvals and Decisionmaker Authority prescribes the necessary permits and the decisionmaker authority applicable to the specified signs for each zoning district: Matrix A Sign Approvals and Decisionmaker Authority by Zoning District* Si n T e A R-1, R-2, R-M C-N C-O C-1 C-2 M-P, M-1, M-2 Awnin E X ZC ZC ZC ZC ZC Bulletin Board BP BP BP BP BP BP BP Comin Soon X X ZC ZC ZC ZC ZC Communit ID X ZC ZC ZC ZC ZC ZC Electronic Readerboard X X CUP(PC) CUP(PC) CUP(PC) CUP(PC CUP PC) Freestandin 20' or less in ht. E X ZC X BP BP BP Freestanding greater than 20' in hei ht X X X X SDR SDR SDR Grand-O enin X X ZC ZC ZC ZC ZC Identification ** ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR Master Sign Program SDR(ZA X SDR(ZA) SDR(ZA) SDR(ZA) SDR(ZA) SDR(ZA) Office Buildin Master ID X X ZC ZC ZC ZC ZC Off-Site Residential Develo ment Directional BP BP BP BP BP BP BP Off-Site Temporary For Sale or Lease E X ZC ZC ZC ZC ZC O en-House X Permitted X X X X X Permanent Banner Sign X X X X MSP/SDR MSP/SD R MSP/SDR Pro'ectin E X BP BP BP BP BP Service Station Display Structure X X ZC X ZC ZC ZC Service Station Price Si X X ZC X ZC ZC ZC S ecial Easement E X ZC ZC ZC ZC ZC Temporary Promotional (21 ~5-Da s) X ZC*** ZC ZC ZC ZC ZC Tenant Director X X BP BP BP BP BP Wall E X BP BP BP BP BP Window X X BP BP BP BP BP Notes for Matrix A: E Business Signs not exceeding an area often (10) square feet per side are permitted per Section 8.84.090. and subject to Building Permit BP Permitted and subject to Building Permit CUP Conditional Use Permit Approval Required and subject to Building Permit SDR Site Development Review Approval by Staff Required and subject to Building Permit PC Planning Commission is decision maker authority ZA Zoning Administrator is decision maker authority ZC Zoning Clearance by Staff Required and subject to Building Permit X Not Permitted Page 2 of 9 ~,.' * Matrix A does not reflect Exempt Signs in Section 8.84.140 ** A sign of up to 24 square feet on a side is allowed with a Zoning Clearance and a sign of up to 36 square feet on a side is allowed with a Site Development Review. *** Only Temporary Banners, not exceeding 12-square feet, are allowed for apartment communities (see Section 8.84.020.B for definition). All other temporary promotional signs are not allowed in this zoning district. Planned Development signage is permitted by Section 8.84.100. A Sign Exception to a regulation in this Chapter may be applied for per Section 8.84.200. SECTION 3. Section 8.84.040 of Chapter 8.84 of the Dublin Municipal Code, entitled "Sign Regulations," is hereby amended as follows, with deletions indicated in strikethrough (°*^'~°*'~r^~~^''' and additions indicated in underline (underline "Section 8.84.040 Matrix B, Sign Development Regulations. The following Matrix B, Sign Development Regulations, prescribes required development regulations for permitted signs. The information in Matrix B is subordinate to and supplementary to the information in Section 8.84.050, Signs Subject To Permits." Matrix B Sign Development Regulations ** Sign Type Maximum Maximum Maximum Area per Location Copy Restrictions * Additional Section No. Number of Height side Requirements * Regulations si ns ins . ft. Awning 1 per business 2 ft. 6 in. 1 sq. ft. per lineal ft. 1 per business N/A May project 36 Sec. or tenant of Tenant Frontage to or tenant inches. More 8.84.OSO.A frontage as maximum of 150 sq. frontage with than 36 inches permitted by ft. (with SDR, maximum of with SDR. Sec. 8.84.110 1.5/lineal ft. to max of three frontages. Max. sign length B.4. 250 sq. ft.); 25% of 24 ft. bonus if tenant space is 100 ft. from Street. Bulletin l 6 ft. 24 sq. ft. 10 ft. from Announcements Board front property pertaining to an on- Sec. line; Must meet site church, school, 8.84.OSO.B all other yard community center, requirements. park, hospital or institutional buildin . Coming Soon 2 8 ft. 32 sq. ft. On construction Opening date, May only be Sec. site. architect, engineer, placed during 8.84.OSO.C contractor, future time period business, or lender. between building permit and final occu anc . Community l 20 ft. 120 sq. ft. Service club names Illumination shall ID and emblems and not be Sec. community slogans intermittent; 8.84.OSO.D Means of support shall be concealed. * Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.84.110 and 8.84.120. ** Matrix B does not reflect Exempt Signs in Sec. 8.84.140 Page 3 of 9 ~~ C~ _. Sign Type , Maximum Maximum Maximum Location Copy Restrictions Additional Section No. Number of Height Area per side Requirements * * Regulations si ns ins . ft. Electronic Per Sec. Per Sec. Per Sec. Per Sec. Per Sec. 8.84.110 if Per Sec. 8.84.110 Readerboard 8.84.110 if 8.84.110 if 8.84.110 if wall 8.84.110 if wall wall sign; 8.84.120 if wall sign; Sec. 8.84.050.E wall sign; wall sign; sign; 8.84.120 sign; 8.84.120 if if freestanding 8.84.120 if 8.84.120 if 8.84.120 if if freestanding freestanding sign. freestanding sign. free- freestanding sign. sign. standing sign. si n. Freestanding 1 per parcel; 10 ft. at 15 sq. ft. per In a planter of Must indicate Must have 20' or less in 2 or more property side at appropriate building address or minimum height; with Master line; May be property line; dimension; Not address range. clearance of 14 Freestanding Sign increased .5 May increase closer than 50 feet if greater than Program. ft. for every 2.5 sq. feet per feet from R-O- overhanging 20' in height. 1 ft. the sign side for each 1 W of Interstate vehicular way; Sec. 8.84.120. is set back ft. sign is set Highway; Must not project from the back from Permitted into a public nearest street nearest street within required right-of--way. frontage frontage yards; At one property line property line. or more main up to a Maximum of entrances with maximum of 150 sq. ft. Master Sign 20 ft.; Up to Program. 35 ft. with SDR. Grand- 1 No limit. No limit. Must be Only effective Opening displayed on within 60 days of Sec. 8.84.OSO.G the site on initial occupancy; which grand- 30-day maximum. opening will occur. Identification 1 6 ft. 24 sq. ft. with None. Name and/or use of Means of support Sec. 8.84.OSO.H Zoning building. shall be Clearance; concealed. 36 sq. ft. with SDR. Office Building 1 8 ft. 25 sq. ft. None. Name of office 100 ft. minimum Master ID building, parcel frontage Sec. 8.84.OSO.I institutional use required; Means and address of support shall be concealed. * Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.84.110 and 8.84.120. ** Matrix B does not reflect Exempt Signs in Sec. 8.84.140 Page 4 of 9 tj ,,,~ '~ ~\_ ~ i Sign Type Maximum Maximum Maximum Location Copy Restrictions Additional Section No. Number of Height Area per side Requirements * * Regulations si ns ins . ft. Off-Site Determined Determined Determined Determined by Determined by Determined by Residential by Director by Director by Director Director of Director of Director of Development of of of Community Community Community Directional Community Community Community Development Development Development Sec. Development Development Development 8.84.050.) Off-Site 1 per 100 ft. 8 ft. l6 sq. ft. Off-site sign is For sale or lease; Must be Temporary of street located in Name and phone constructed of For sale or frontage; immed. vicinity number of agent wood, plywood, lease Up to 2 per of advertised and/or agency. metal or other Sec. parcel. premises w/o rigid material. 8.84.OSO.K direct access to ublic road. Open-House Maximum of 3 ft. 4 sq. ft. On sidewalk and Not attached to Sec. 4 per landscaping strip any public sign, 8.84.050.E property; but cannot post, traffic Up to 8 per disrupt normal signal or utility inter-section. vehicular flow, pole; No One per block views, additional tags, property block ingress or riders, being egress to any streamers, advertised at residence or balloons or other a given business, or attachments; intersection restrict a Permitted on sidewalk to less Holidays, than 32 inches. Saturdays and Prohibited in Sundays and one center divider or agent tour day traffic islands of each week from public streets; 10:00 a.m. to Cannot be sunset. within 5 ft. radius of a call box, fire hydrant or mail box. Pedestrian/ 1 N/A 5 sq. ft. Suspended from None. 8 ft. vertical Shingle canopy over a clearance; Sec. sidewalk directly Perpendicular to 8.84.OSO.M in front of the business building door of the wall. business. * Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.84.110 and 8.84.120. ** Matrix B does not reflect Exempt Signs in Sec. 8.84.140 Page 5 of 9 Sign Type Maximum Maximum Maximum Area Location Copy Restrictions Additional Section No. Number of Height per side in sq. ft. Requirements * * Regulations si ns Permanent N/A Per Per MSP/SDR Per MSP/SDR Name of shopping Maintain in good Banner MSP/SDR center, business or condition; Sec. logo. Subject to semi- 8.84.OSO.N annual review; Replace if in poor maintenance. Projecting 1 per 2 ft. 6 in.; 16 sq. ft.; May In middle l/3 of N/A Sec. 8.84.110 (C) Sec. business. May be be increased front wall of 8.84.050.P increased through SDR. building. through SDR. Service 1 8 ft. 16 sq. ft. None. Name of service Maybe Station station. combined with Display Service Station Structure Price Signs; Sec. Placed in 8.84.OSO.Q landscape lanter Service 2 6 ft. 16 sq. ft for 3 1 per street Gasoline prices. May be Station Price fuel products; 24 frontage. combined with Signs sq. ft for 4 fuel Service Station Sec. products. Display 8.84.OSO.R Structure. Special 1 4 ft. 24 sq. ft. Within Name of business In-lieu of Easement immediate and/or center. Freestanding Sec. vicinity of the Sign; Business 8.84.OSO.S business the sign located on parcel advertises. w/o direct access or frontage on _ improved ROW; must be connected by roadway/access easement. * Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.84.110 and 8.84.120. ** Matrix B does not reflect Exempt Signs in Sec. 8.84.140 Page 6 of 9 1~ r Sign Type Maximum Maximum Maximum Area Location Copy Restrictions Additional Section No. Number of Height per side in sq. ft. Requirements * * Regulations * si ns Temporary Per Zoning Per Zoning Per Zoning Only on site on Per Zoning Maximum of ~ Promotional Clearance. Clearance. Clearance. which business is Clearance. 21 consecutive Sec. located and shall calendar days 8.84.050.4=S not be located so per permit; 39 Banner signs that the sign is 21 consecutive shall not be hieher than the calendar day larger than 30 eave of the waiting period lnehes-b~34-feet structure in between permits. 60 square feet which the business is located. Temporary Temporary One (1) Temporary Banners for Promotional Banner for Apartment Banner for Apartment Communities Apartment Communities shall be allowed Sec. which shall not 10 consecutive 8.84.OSO.~S exceed 12 square days per permit; feet 20 consecutive calendar days waiting period between permits. The duration in which banners may be displayed is limited to a maximum duration of 90- days per calendar ear. Tenant 1 N/A 12 sq. ft. At entrance of Listing of tenant None Directory building on an names and suite Sec. exterior wall. numbers/letters. 8.84.OSO.U Wall 1 per 2 ft. 6 in. 1 sq. ft. per 1 per business or N/A May project 12 Sec. business or lineal ft. of tenant frontage inches, 30 inches 8.84.110V tenant Tenant Frontage with maximum w/ SDR. Max. frontage to maximum of of three sign length 24 ft. Rev. Ord. 20- with 150 sq. ft. (with frontages. 06 (November maximum of SDR, 1.5/lineal 2006) three ft. to max of 250 frontages sq. ft.); 25% bonus if tenant space is 100 ft. from Street. Window N/A N/A N/A Inside a N/A Not more than Sec. building. 25% of 8.84.050.W contiguous window area. * Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections 8.84.1 l0 and 8.84.120. ** Matrix B does not reflect Exempt Signs in Sec. 8.84.]40 Page 7 of 9 SECTION 4. Subsection S of Section 8.84.050 of Chapter 8.84 of the Dublin Municipal Code, entitled "Temporary Promotional Signs," is hereby amended as follows, with deletions indicated in strikethrough (s~il~+~~ and additions indicated in underline (underline Section 8.84.OSO.S is hereby amended as follows: S. Temporary Promotional Signs. Temporary Promotional Signs permitted pursuant to a Zoning Clearance may be placed on-site for a maximum of ~~_~ twenty-one (21) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of tl~i~} twent.~21) consecutive calendar days between permits is required, with the exception of balloons as defined herein and temporary banners for apartment communities. A Banner Sign shall not be larger than 60 square feet in size and the si ng_ shall not be located so that the sign is taller than the eave of the structure in which the business is ln~ata~l One (1) temporary banner for apartment communities is permitted pursuant to a Zoning Clearance and may be placed on-site for a maximum of ten (10) consecutive calendar days per permit when used for special promotional events or needs. A minimum waiting period of twenty (20) consecutive calendar days between permits is required. In addition, the duration in which banners may be displayed is limited to a maximum duration of 90 days per calendar year. A temporary banner sign for apartment communities shall not be larger than 12 square feet (see Section 8.84.020.B for definition of apartment communities). Any tethered or un-tethered balloon of greater than 15 inches in diameter shall be permitted only as a temporary promotional sign and subject to a permit. All balloons shall be tethered to the ground only with the bottom of the balloon on the ground and shall not be permitted to be attached to any structure or vehicle. No permit(s) singularly or cumulative shall be issued that allows any temporary promotional signs that include balloons for more than 21 days per calendar year. Zoning clearance(s) maybe issued for periods less than 15 days. Up to 4 searchlights, attached to function as a single unit, are permitted as a Temporary Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulative shall be issued that allows any temporary promotional sign(s) that include searchlights for more than 21 days per calendar year. Zoning clearance(s) maybe issued for periods less than 15 days. SECTION 5. Section 8.96.020.D of Chapter 8.96, of the Dublin Municipal Code, entitled "Permit Procedures," is hereby amended as follows, with deletions indicated in strikethrough (s~il~~~ and additions indicated in underline (underline "D. Permit Expiration. Notwithstanding any conditions of approval of permits approved prior to the effective date of Ordinance No. ,construction or use shall commence within two (2 years of Permit approval, or the Permit shall lapse and become null and void. Commencement of construction or use means the actual construction or use pursuant to the Permit approval, or, demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing Page 8 of 9 t to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. SECTION 6. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Ordinance or their applicability to other persons or circumstances. SECTION 7. Effective Date, Term and Posting of Ordinance. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its adoption. This Ordinance shall expire one year from the effective date and following its expiration, the provisions of Dublin Municipal Code sections 8.84.040, 8.84.OSO.S and 8.96.020.D as they existed on the day preceding the effective date of this ordinance shall become effective. 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 BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this 21St day of July 2009, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IZoning OrdIZOA 09-OOIICC 6-161CC Ord Temp Mod.DOC Page 9 of 9 ~ ~ c'~. ~ 1 ORDINANCE NO. XX - 09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE DUBLIN MUNICIPAL CODE CHAPTER 8.104 RELATING TO SITE DEVELOPMENT REVIEW ZOA 09-001 WHEREAS, the City Council has identified modifications to Chapter 8.104, Site Development Review, of Title 8 (Zoning Ordinance) of the Dublin Municipal Code to provide a stimulus to business and property owners in the City; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on this Project on May 26, 2009 and adopted Resolution 09-25 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 on July 7, 2009; and WHEREAS, pursuant to section 8.120.OSO.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 hold a public hearing on the proposed modifications on July 7, 2009 for which proper notice was given in accordance with California State Law; and WHEREAS, a Staff Report was submitted recommending that the City Council recommend City Council approval of the proposed amendments to Title 8 (Zoning Ordinance) of the Dublin Municipal Code; and WHEREAS, the City Council at its June 16, 2009 meeting did hear and use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; and NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: CF.f Ti(1N 1 Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this Ordinance is exempt from CEQA pursuant to 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. The 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 developed. This Ordinance of itself, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. SECTION 2. Chapter 8.104 of the Dublin Municipal Code is revised as follows, with deletions indicated in strikethrough and additions indicated in underline: Attachment 3 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, facade 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, facade 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 area. 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 to, 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 welfare. 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. 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-lor 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. 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 Page 2 of 9 -~. ~{ a~ landscape modifications in the R-1 and R-2 Zoning Districts, excluding Heritage Trees, are exempt 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 footing 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 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 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. 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. Miner Accessory Structures. Accessory structures which are less than or equal to 120 square feet in size and accessory structures which are not visible from any street and not located a adjacent to a property in the R-1 or Page 3 of 9 ~,~ f~ ~-~ R-2 Zoning District or a Planned Development Zoning District with similar uses. a. Color Modifications. Repainting of an existing building with a color(s) which is different from the existing or approved color(s). b. Fences and Walls. The replacement, reconstruction or construction of fences and walls. c. Parking Lot Restriping. The restriping of a parking lot. d. Roof. A modification to the roof of a structure, including new roofing materials (when the roof is visible from the street), 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. e. Minor Landscape Modifications. Minor landscape modifications. f. 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. g. 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. 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 following projects are subject to a Site Development Review, and shall be reviewed by the Community Development Director or his/her designee: Page 4 of 9 ~^g ~ 'n( t~~ ~ ~ V \~ 1. Ma~e~ Accessory Structures. Accessory structures which are greater than 120 square feet in size in the R-M, Commercial, or Industrial Zoning Districts, or Planned Development Zoning Districts with multi-family or non-residential uses and are visible from anv street or located adjacent to a property in the R-1 or R-2 Zoning District or a Planned Development Zoning District with similar residential uses. 2. Addition. ~ All additions which are not visible from anv street or anv 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 district, 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. 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. Page 5 of 9 13. 1~4iner Facade Modifications. Myer Facade modifications in the R-M, Commercial or Industrial Zoning Districts, or Planned Development Zoning Districts with multi-family or non-residential uses. Mier Facade 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, other modifications which change the character or design of a building or any other improvements as determined *e~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: 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. ~-4u-1ti ~'~; ~erere~tl--a-~d-~n-d~s#ial-I~~~~~ne-€ 'errs ts-Additions. Additions which are 1,000 square feet or more, or greater than 15 percent of the floor area of the structure and visible from any street in the R-M, Commercial or Industrial Zoning Districts, or Planned Development Zoning Districts with multi-family or non-residential uses. 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. Page 6 of 9 ~~~'- ~~ 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 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. 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 Development 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. 8.104.080 Notice Of Decision, Public Hearing. The following notice requirements shall apply to decision makers for Site Development Review: 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 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 Page 7 of 9 ~~~~~~~ with any applicable Specific Plans and design guidelines. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance. C. The design of the project is appropriate to the 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 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. 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. 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 Chapter 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. SECTION 3. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the Prdinance or their applicability to other persons or circumstances. SECTION 4. Effect of Ordinance on projects in progress. The provisions of Dublin Municipal Code section 8.04.040.D shall apply to land uses, development and/or structures. Page 8 of 9 SECTION 5. 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 adoption. 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 BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this 21S` day of July 2009, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G.•IZoning OrdIZOA 09-00/ICC 6-161CC Ordinance (SDR).DOC Page 9 of 9