HomeMy WebLinkAbout8.1 Attch 2 AmendedCh8.34ZOSCARLETT COURT OVERLAY ZONING DISTRICT
Chapter 8.34
CHAPTER 8.34 SCARLETT COURT OVERLAY ZONING DISTRICT
8.34.010 Purpose. The purpose of this Chapter is to establish a procedure to ensure that
all development in the Scarlett Court Overlay Zoning District is reviewed for
substantial compliance with the Scarlett Court Design Guidelines and to ensure
that proposed uses in the area are reviewed for compliance with the appropriate
development standards and regulations. The intent of the Chapter is also a+W-to
A. Enhance the aesthetics the Scarlett Court Area;
B. Guide the design of future development and improvements to reinforce the Scarlett Court
Design Guidelines; and
C. Improve the public realm to create a positive pedestrian experience, enhance the area's
image, and create a unique sense of place.
8.34.030020 Applicability. The Scarlett Court Overlay Zoning District is a designation in
addition to the M-1 (Light Industrial), C-2 (General Commercial) Zoning District
that each property in the area retains. The standard Zoning District contains all
information regarding permitted and conditionally permitted uses, development
standards, and regulations, while the Scarlett Court Overlay provides a
mechanism to review development on any of the properties in the District for
substantial compliance with the Scarlett Court Design Guidelines.
8.34.040030 Projects subject to compliance with this Chapter:
A. New Construction. Any new construction or additions to an existing structure
within the Scarlett Court Overlay Zoning District that alters the exterior appearance
of the building. Internal tenant improvements are not subject to compliance with
this Chapter.
B. Exterior Modification of an Existing Structure. Any exterior modification of an
existing structure located within the Scarlett Court Overlay Zoning District,
including but not limited to, facade renovation, new and/or additional windows and
doors, and roof or ground-mounted mechanical equipment.
C. Modification to Site Layout. Any modification to site layout or site improvements
in the Scarlett Court Overlay Zoning District, including but not limited to, parking,
walls and fencing, circulation, landscaping, accessory structures, or trash
enclosures.
D. Signage. Installation of new signage or replacement of sign copy in the Scarlett
Court Overlay Zoning District.
E Auto-related uses in the Scarlett Court Overlay Zoning District. Auto-related
uses requiring either a Zoning Clearance or Minor Use Permit in the Scarlett Court
Overlay Zoning District in accordance with Chapter 8.12 (Zoning Districts and
Permitted Uses of Land).
City of Dublin Zoning Ordinance 34-1 NGvembGF une. 2011
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8.34.080040 Application. The Applicant shall submit the following, as appropriate:
A A complete Zoning Clearance or Minor Use Permit application, in compliance with
Chapter 8.12 (Zoning Districts and Permitted Uses of Land), Chapter 8.102 (Minor
Use Permit) or Chapter 8.116 (Zoning Clearance), as appropriate; or,
B Unless waived in accordance with Section 8.34.110, a complete Site Development
Review application pursuant to Chapter 8.124, Applications, Fees and Deposits,
accompanied by a fee and such materials as are required by the Director of
Community Development.
8.34.060050 Notice Of Decision. A Notice of Decision shall be given consistent with Chapter
8.132, Notice and Hearings. No public hearing is required for Scarlett Court
Overlay Zoning District Site Development Review unless the application is being
considered is a permit which requires a public hearing pursuant to Chapter 8.132.
8.34.07-0060 Concurrent Consideration. When a Scarlett Court Overlay Zoning District Site
Development Review is required for a project that 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.
8.34.080070 Required Findings.
A. The following findings shall all be made in order to approve an application for
Scarlett Court Overlay Zoning District Site Development Review:
A:1. Approval of the application is consistent with the purpose and intent of this
Chapter..
C2. Any approval complies with the policies of the General Plan, with any
applicable Specific Plans, with the development regulations or performance
standards established for the standard Zoning District in which it is located,
and with all other requirements of the Zoning Ordinance.
0.3. The approval will not adversely affect the health or safety of persons
residing or working in the vicinity, or be detrimental to the public health, safety
and general welfare.
8A. The design of the project will provide a desirable environment for the
development and an attractive environment for the public.
E5. The project is in substantial compliance with the applicable chapters of the
Scarlett Court Design Guidelines.
B The findings for approval for a Minor Use Permit in the Scarlett Court Overlav
Zoning District shall be as specified in Section 8.102.060 (Minor Use Permit -
Required Findings).
8.34.080 Permitting Procedures.
City of Dublin Zoning Ordinance 34-2 Nevembff 2007-June, 2011
SCARLETT COURT OVERLAY ZONING DISTRICT
Chapter 8.34
A. Zonina Clearance. Uses requiring a Zoning Clearance in compliance with
Chapter 8.12 (Zoning Districts and Permitted Uses of Land) shall be approved
ministerially with a Zoning Clearance and without discretionary review or a public
hearing if it meets the following standards:
1. Meets all Development Standards and Regulations for the Zoning District in
which it is located and any other applicable provisions of the City Code or
regulations including occupancy, accessibility, California Building Code, and
Fire Code requirements.
2. Meets the parking requirement for the use type in accordance with the
requirements of Section 8.76.080 (Parking Requirements by Type) without any
adjustments, reductions or variances.
3. The use qualifies for an exemption for environmental review under the
California Environmental Quality Act (CEQA).
4. The hours of operation are no earlier than 7:00 a.m. and no later than 10:00
p.m. for AutomobileNehicle Sales and no earlier than 7:00 a.m. and no later
than 7:00 p.m. for AutomobileNehicle Service or Repair.
5. All service and/or repair work shall be conducted inside the building.
6. No outdoor storage of vehicles being repaired.
7. No amplified sounds or loudspeakers outside the building.
8 Any AutomobileNehicle washing or detailing shall be done in compliance with
applicable water pollution control standards.
A Zoning Clearance form shall document the compliance of the use with the
above requirements and shall be kept on file in the Community Development
Department for the duration of the operation of the use.
B Minor Use Permit. A proposed use that does not meet the requirements for
approval by a Zoning Clearance under subsection A of this section shall require
approval of a Minor Use Permit under Chapter 8.102 (Minor Use Permit).
8.34.090 Action.
A. The decision maker for Scarlett Court Overlay Zoning District Site Development
Review applications shall be the Director of Community Development (or his/her
designee), except as provided in Section 8.34.97-9060, Concurrent Consideration,
of this Chapter. The Director of Community Development may, based on
evidence in the public record, and on the findings above, make an administrative
decision to approve, conditionally approve, or deny a Scarlett Court Overlay
Zoning District Site Development Review application.
City of Dublin Zoning Ordinance 34-3 NevembOF une. 2011
SCARLETT COURT OVERLAY ZONING DISTRICT
Chapter 8.34
B. The decision maker for a Zoning Clearance or Minor Use Permit, in compliance
with the Scarlett Court Overlay Zoning District, shall be as specified by Chapter
8.102 (Minor Use Permit) and Chapter 8.116 (Zoning Clearance).
8.34.100 Amendment.
A. The process for amending a Scarlett Court Overlay Zoning District Site
Development Review approval shall be the same as the process for approving a
Scarlett Court Overlay Zoning District Site Development Review application. The
decision-maker for the Scarlett Court Zoning District Site Development Review
amendment shall be the same decision-maker that ultimately approved the
Scarlett Court Zoning District Site Development Review including approval on
appeal. The Community Development Director or his/her designee may grant a
Scarlett Court Overlay Zoning District Site Development Review Waiver for
applications approved by another decision-maker or body upon the determination
that the modification is a minor project and in accordance with Section 8.34.110,
Waiver, to an approved Scarlett Overlay Zoning District Site Development Review.
B The process for amending a Minor Use Permit in the Scarlett Court Overlay
Zoning District shall be as stated in Section 8.102.080 (Minor Use Permit -
Amendments).
C Zoning clearance approvals shall be amended through submittal and approval of a
new application pursuant to Chapter 8.116 (Zoning Clearance).
8.34.110 Waiver to an approved Scarlett Court Overlay Zoning District Site
Development Review. The Community Development Director or his/her
designee may allow a minor change to an approved Scarlett Court Overlay Zoning
District Site Development Review as a Waiver upon determining the following:
A. The proposed change is in substantial conformance with the approved Scarlett
Court Overlay Zoning District Site Development Review;
B. The proposed change is minor in scope;
C. The proposed change is exempt from or not otherwise subject to the California
Environmental Quality Act; and
D. The proposed change is consistent with the conditions of approval for the Scarlett
Court Overlay Zoning District Site Development Review and is substantially
consistent with the Scarlett Court Design Guidelines.
It is not the intent of this Chapter that a series of Scarlett Court Overlay Zoning
District Site Development Review Waivers be used to circumvent the need for full
and complete Scarlett Court Overlay Zoning District Site Development Review.
8.34.120 Waiver for a project that does not have an approved Scarlett Court Overlay
Zoning District Site Development Review. The Community Development
City of Dublin Zoning Ordinance 34-4 NGIFeMbeff 2007-June, 2011
SCARLETT COURT OVERLAY ZONING DISTRICT
Chapter 8.34
Director or his/her designee may allow
building in the Scarlett Court Overlay
approved Scarlett Court Overlay Zoning
Waiver upon determining the following:
a minor change to an existing site or
Zoning District that does not have an
District Site Development Review as a
A. The proposed change is minor in scope;
B. The proposed change is Categorically Exempt from the California Environmental
Quality Act; and
C. The proposed change is substantially consistent with the Scarlett Court Design
Guidelines. It is not the intent of this Chapter that a series of Scarlett Court
Overlay Zoning District Site Development Review Waivers be used to circumvent
the need for full and complete Scarlett Court Overlay Zoning District Site
Development Review.
8.34.130 Scarlett Court Design Guidelines. The Scarlett Court Design Guidelines
adopted by the City Council on May 1, 2007 by Resolution 54-07, and as may be
amended thereafter, shall be used to guide the review of Scarlett Court Overlay
Zoning District Site Development Review applications.
8.34.140 Building Permits. Building Permits shall not be issued except in accordance with
the terms and conditions of the Scarlett Court Overlay Zoning District Site
Development Review approval.
8.34.150 Ordinary Maintenance and Repair. Nothing in this section shall be construed to
prevent the ordinary maintenance or repair of any existing exterior architectural
feature on any property in the Scarlett Court Overlay Zoning District that does not
involve a change in design, material, or exterior appearance and when such
maintenance or repair is conducted in accordance with Chapter 8.140, Non-
conforming Structures and Uses.
8.34.160 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall
apply except as otherwise provided in this Chapter.
City of Dublin Zoning Ordinance 34-5 2007-June, 2011