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HomeMy WebLinkAboutOrd 12-09 MuniCode Site Dev RevORDINANCE NO. 12-09 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. NOW, THEREFORE, 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 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. Page 1 of 9 SECTION 2. Chapter 8.104 of the Dublin Municipal Code is revised 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, 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. Page 2 of 9 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 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. Page 3 of 9 a. 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 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. Page 4 of 9 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. 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 any 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 any street or any 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. Page 5 of 9 12. Wireless Communications Facilities. Subject to the provisions of Chapter 8.92, Wireless Communications Facilities. 13. Facade Modifications. Facade modifications in the R-M, Commercial or Industrial Zoning Districts, or Planned Development Zoning Districts with multi-family or non-residential uses. 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 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. 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. 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. Page 6 of 9 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 with any applicable Specific Plans and design guidelines. Page 7 of 9 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. CF.("Ti(1N 2 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. CF.f Ti(1N d 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 this 21St day of July 2009, by the following vote: AYES: Councilmembers, Biddle, Hart, Scholz, and Mayor Sbranti NOES: None ABSENT: Vice Mayor Hildenbrand ABSTAIN: None ~~ f :~ /`.'.~ Mayor ATTEST: d~+'"(/ City Clerk Ord. No 12-09, Adopted 7-21-09, Item 4.4 Page 9 of 9