HomeMy WebLinkAboutOrd 01-11 Zoning Downtown Dublin SPORDINANCE NO. 1 - 11
AN ORDINANCE OF THE CITY COUNCIL
OF THE CiTY OF DUBLIN
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APPROVING ZONING ORDINANCE AMENDMENTS TO CREATE A NEW CHAPTER: 8.30
(DOWNTOWN DUBLIN ZONING DISTRICT), REZONE ALL PROPERTIES WITHIN THE
DOWNTOWN DUBLIN SPECIFIC PLAN PROJECT AREA TO THE DOWNTOWN DUBLIN
ZONING DISTRICT, AMEND THE ZONING MAP TO IDENTIFY THE LOCATION OF THE
NEW ZONING DISTRICT AMEND ZONING ORDINANCE CHAPTER 8.12 (ZONING
DISTRICTS AND PERMITTED USES), AND AMEND CHAPTER 8.104 (SITE DEVELOPMENT
REVIEW)
PA 07-036
WHEREAS, the City initiated a Specific Plan study and related General Plan amendment
to plan for the City's Downtown. The results of this effort includes the Downtown Dublin
Specific Plan itself, General Plan Amendment, Zoning Ordinance Amendments, Rezoning
properties from various Planned Development Zoning Districts to a new Downtown Dublin
Zoning District, Environmental Impact Report, and other related actions. These planning and
implementing actions are collectively known as the "Downtown Dublin Specific Plan Project" or
the "Project"; and
WHEREAS, the Downtown Dublin Specific Pfan requires that certain amendments be
made to the Zoning Ordinance to assist in the implementation of the Downtown Dublin Specific
Plan; and
WHEREAS, the City Council certified the Final EIR and adopted related CEQA findings
for the Project on February 1, 2011, via Resolution 8-11; and
WHEREAS, the Downtown Dublin Specific Plan was adopfed by City Council on
February 1, 2011 via Resolution 9-11; and
WHEREAS, an implementing action of the Downtown Dublin Specific Plan is to create a
new Downtown Dublin Zoning District (Chapter 8.30) that wi{{ apply to alV of the properties
identified in Figure 1-1 of the Downtown Dublin Specific Plan. The new zoning district identifies
permitted, conditionally permitted, and prohibited uses as well as development standards for
properties within the project area; and
WHEREAS, the Dublin Zoning Map is amended to include the location of the new
Downtown Dublin Zoning District that will include all properties identified in Figure 1-1 of the
Downtown Dublin Specific Plan; and
WHEREAS, all properties identified in Figure 1-1 of the Downtown Dublin Specific Plan
shall be rezoned from their existing zoning district to Downtown Dublin Zoning District; and
WHEREAS, Staff has identified additional amendments to the Dublin Zoning Ordinance
(Chapters 8.12 (Zoning Districts and Permitted Uses of Land) and 8.104 (Site Development
Review)) that will further implement the Downtown Dublin Specific Pfan; and
Page 1 of 6
WHEREAS, the text amendments to Chapters 8.12 and 8.104 and the text of the new
zoning district (Chapter 8.30) are shown in Sections 3 through Section 6 of this Ordinance; and
WHEREAS, the Planning Commission did hoid a properly noticed public hearing on this
project on December 14, 201 ~ and adopted Resolution 10-59 recommending that the City
Council approve amendments to Title 8(Zoning Ordinance) of the Municipal Code and the
Zoning Map; and
WHEREAS, a properly noticed public hearing was held by the City Council on February
1, 2011; and
WHEREAS, a Staff Report was submitted recommending that the City Council approve
the Project, including the Zoning Ordinance Amendments and Zoning Map Amendment; and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City
Council finds that the Zoning Ordinance Amendments and Zoning Map Amendment are
consistent with the Dublin General Plan and the adopted Downtown Dublin Specific Plan; and
WHEREAS, the City Council did hear and use its independent judgment and consider
the FEIR, al~ said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
Section 1: CEQA
Compliance with California Environmental Quality Act ("CEQA"): In compliance with
CEQA, the City Council certified a Final EIR for the Project, including the zoning actions, on
February 1, 2011, via Resolution 8-11.
Section 2: Zoning Map Amendment
Pursuant to Chapter 8.32, Title 8 of the City of Dub{in Municipa{ Code, the Dublin Zoning Map is
amended to include a new zoning district: Downtown Dublin Zoning District. In approving this
Ordinance, the Dublin City Council does rezone the following project area ("the Property") to the
Downtown Dublin Zoning District:
Approximately 284 acres in size. The project area is generally bound by Village Pa~kway
to the east, Interstate 580 to the south, San Ramon Road to the west, and Amador
Valley Boulevard to the north. There are some partial boundary limits that extend
beyond those roadways, most notably for a portion of San Ramon Road, a portion of
Amador Valley Boulevard, and all of the Village Parkway within the Specific Plan area.
The amended Zoning Map (zoomed into the project area) is shown on the following page:
Page 2 of 6
D U B L 1 N Z O N 1 N G M A P
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Section 3:
New Chapter 8.30 (Downtown Dublin Zoning District) is added to Title 8 of the Dublin Municipal
Code to read as follows:
CHAPTER 8.30 DOWNTOWN DUBLIN ZONING DISTRICT
8.30.010 Purpose. The purpose of this Chapter is to establish a zoning district to
implement the Downtown Dublin Specific Plan and to ensure that all development
in the Downtown Dublin Specific Plan area is reviewed for substantial compliance
with the Downtown Dublin Specific Plan.
8.30.020 Downtown Dublin Specific Plan. The Downtown Dublin Specific Plan, adopted
by the City Council on February 1, 2011 by Resolution 9-11, and as may be
amended thereafter, shall be used to guide the review of Site Development
Review applications in the Downtown Dublin Zoning District. The Downtown
Dublin Specific Plan contains all information regarding permitted, conditionally
permitted, and prohibited uses, devefopment standards, and design guidelines to
direct the development and use of properties within the Specific Plan area. All
new development in the Downtown Dublin Zoning District shall be reviewed for
consistency with the Downtown Dublin Specific Plan.
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8.30.030 Applicability.
A. Zoning District. The Downtown Dublin Zoning District applies to all properties
within the Downtown Dublin Specific Plan area boundary as shown on the Dublin
Zoning Map.
B. Relation to Previous PD, Planned Development Zoning. All properties within
the Downtown Dublin Zoning District that were previously subject to the uses,
standards and other regulations set forth in a Planned Development Zoning
District, existing as of the adoption date of this ordinance, may continue to remain
in accordance with Chapter 8.140 (Non-Conforming Structures and Uses).
8.30.040 Site Development Review. Site Development Review is required for all
development in the Downtown Dublin Zoning District. The Applicant shall submit
a complete Site Development Review application pursuant to Chapter 8.104 (Site
Development Review) and Chapter 8.124 (Applications, Fees and Deposits),
accompanied by a fee and such materials as required by the Director of
Community Development.
8.30.050 Permitted Uses. Permitted, conditionally permitted, and prohibited uses are as
specified per district in the Downtown Dublin Specific Plan in Section 3.4. For any
uses not listed in the Downtown Dublin Specific Plan, their permissibility shall be
determined by the Community Development Director.
8.30.060 Development Standards. The development standards for the Downtown Dublin
Zoning District are as contained in Sections 4.1, 4.2, and 4.3 of the Downtown
Dublin Specific Plan.
8.30.070 Relation to Zoning Ordinance. Except as provided in Sections 3.4, 4.1, 4.2, and
4.3 of the Downtown Dublin Specific Plan, all development in the Downtown
Dublin Zoning District shall be subject to the zoning regulations of the closest
comparable zoning district, as determined by the Director of Community
Development, and the regulations of the Zoning Ordinance. In the event of
conflict between other zoning provisions and the Specific Plan, the Specific Plan
provisions shall controf.
Section 4:
Section 8.12.050 of Chapter 8.12 (Zoning Districts and Fermitted Uses of Land) of Title 8 of the
Dublin Municipal Code is amended to read as follows. All other sections of Chapter 8.12
remain unchanged and in full effect.
8.12.050 Permitted and Conditionally Permitted Land Uses.
The following "Land Use Matrix" lists the permitted and conditionally permitted Use Types, as
defined in Chapter 8.08, Definitions, in each Zoning District, and the decision making-authority.
Uses in the Downtown Dublin Zoning District are set forth in Chapter 8.30 (Downtown Dublin
Zoning District) of the Zoning Ordinance.
Page 4 of 6
(No changes made to the Land Use Matrix itself, so it is not reprinted here)
Section 5:
Section 8.104.030 of Chapter 8.104 (Site Development Review) of Title 8 of the Dublin
Municipal Code is amended to modify the first paragraph and to modify Section 8.104.030.A.3
to read as follows. All other sections of Chapter 8.104 remain unchanged and in full effect.
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, the improvement is consistent with the purposes of this Chapter,
with the General Plan and with any applicable Specific Plans and design guidelines; and as
specified below.
8.104.030.A.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, is in conformance with the General Plan and any applicable Specific Plans and design
guidelines, and is exempt from the California Environmental Quality Act.
Section 6:
Section 8.104.040 of Chapter 8.104 (Site Devefopment Review) of Title 8 of the Dublin
Municipal Code is amended to modify Section 8.104.040.F and add a new Section 8.104.040.G
as follows All other sections of Chapter 8.104 remain unchanged and in full effect.
F. Downtown Dublin Zoning District. All improvements within the Downtown Dublin Zoning
District shall be reviewed in accordance with and subject to Chapter 8.30, Downtown Dublin
Zoning District.
G. 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.
Section 7:
Severability. In the event any section or portion of this ordinance shall be determined invalid or
unconstitutional, such section or portion shall be deemed severable and all other ~sections or
portions hereof shall remain in full force and effect.
Page 5 of 6
Section 8:
Savings Clause. All code provisions, ordinances, and parts of ordinances in conflict with the
provisions of this chapter are repealed. The provisions of this chapter, insofar as they are
substantially the same as existing code provisions relating to the same subject matter shall be
construed as restatements and continuations thereof and not as new enactments. With respect,
however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective
date of this ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed
to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings,
with respect to any such violation, right, liability or appeal.
Section 9:
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
final 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 39633 of the
Government Code of California.
PASSED, APPROVED, AND ADOPTED this 15th day of February, 2011, by the following
vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
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Mayor
ATTEST:
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City Clerk
Ord No. 1-11, Adopted 2-15-11, Item 4.3 Page 6 of 6