Loading...
HomeMy WebLinkAboutOrd 08-11 Scarlett Ct Overlay ZoningORDINANCE NO. 8 -11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN *~***~~**~*** AMENDING CHAPTERS 8.12 (ZONING DISTRICTS AND PERMITTED USES), 8.34 (SCARLETT COURT OVERLAY ZONING DISTRICT), AND 8.116 (ZONING CLEARANCE) OF THE ZONING ORDINANCE FOR AUTO-RELATED USES IN THE SCARLETT COURT OVERLAY ZONING DISTRICT PLPA-2011-00019 WHEREAS, one of the high priority Economic Development Goals and Objectives for the 2010-2011 Fiscal Year is to examine appropriate locations to permit automotive repair businesses within the City; and WHEREAS, the City Council has directed Staff to identify locations in the City where additional auto-related uses would be appropriate, and to identify changes to the Zoning Ordinance to facilitate their development; and WHEREAS, amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) related to the Scarlett Court Overlay Zoning District will allow auto-related uses in the Scarlett Court Overlay Zoning District by means of a Zoning Ctearance or Minor Use Permit; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on this pcoject on April 26, 2011 and adopted Resolution 11-15 recommending that the City Council approve amendments to Title 8(Zoning Ordinance) of the Municipal Code; and WHEREAS, a properly noticed public hearing was held by the City Council on May 17, 2011; and WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that the amendments to the Zoning Ordinance are consistent with the Dublin General Plan; and WHEREAS, the City Council did hear and use its independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, the City Council of ~he 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 the California Environmental Quality Act (CEQA} pursuant to CEQA Guidelines Section 15061(b) (3). Section 15061(b) (3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The Page 1 of 9 adoption of this ordinance is exempt from CEQA because the ordinance does not, in itself, allow the construction of any building or structure or allow a use to be established, but rather sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed, a site is proposed to be developed, or a use is proposed to be estab{ished. Therefore, this ordinance of itself, has no potential for resulting in significant physical change in the environment, directly or ultimately. Section 2: Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Chapter 8.12 is hereby amended to read as follows (Only those rows of the table that are being amended by this Ordinance are shown here. All other rows of the table in Section 8.12.050 remain unchanged and in full effect.): 8.12.050 Permitted and Conditionally Permitted Land Uses. COMMERCIAL USE TYPE A R-1 R-2 R-M C-O ~ C-N C-1 G2 M-P M-1 M-2 AutomobileNehicle - - - - P - P P P - - - Brokera e ZC/MUP' Automobile/Vehicle Rental - - - - - - - P - C/PC - ZC/MUP~ Automobile/Vehicle Repairs - - - - - - - P - C/PC - ~ and Service ZC/MUP' Automobile/Vehicle Sales - - - - - - - C/PC - C/PC - and Service ZC/MUP' AutomobileNehicle Storage - - - - - - - TUP - C/PC - Lot Permitted with a Zoning Clearance/Minor Use Permit in the Scarlett Court Overlay Zoning District. Section 3: Chapter 8.34 (Scarlett Court Overlay Zoning District) is hereby amended to read as ~ollows: 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 devefopment standards and regulations. The intent of the Chapter is also 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 pubfic realm to create a positive pedestrian experience, enhance the area's image, and create a unique sense of place. 8.34.020 Applicabiiity. The Scarlett Court Overlay Zoning District is a designation in Page 2 of 9 addition ~o 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. 8.34.030 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 iimited 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 iayout 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). 8.34.040 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); 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. 8.34.050 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 Distric~ Site Development Review unless the application is being considered is a permit which requires a public hearing pursuant to Chapter 8.132. 8.34.060 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. 8.34.070 Required Findings. Page 3 of 9 A. The following findings shall all be made in order to approve an application for Scarlett Court Overlay Zoning District Site Development Review: 1. Approval of the application is consistent with the purpose and intent of this Chapter 2. 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 ~oning Ordinance. 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. 4. The design of the project will provide a desirable environment for the development and an attractive environment for the public. 5. 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 Overlay Zoning District shall be as specified in Section 8.102.060 (Minor Use Permit - Required Findings}. 8.34.080 Permitting Procedures. A. Zoning 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 Automobile/Vehicle Sales and no earlier than 7:00 a.m. and no later than 7:00 p.m. for AutomobileNehic{e 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. Page 4 of 9 8. Any Automobile/Vehicle 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 Deve(opment Review applications shall be the Director of Community Development (or his/her designee), except as provided in Section 8.34.060, 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. B. The decision maker for a Zoning Clearance or Minor Use Permit, in compliance with the Scarlett Court Overlay ~oning 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 Scarfett Court Overiay 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 ~oning 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: Page 5 of 9 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 substantia~ly 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 Director or his/her designee may allow a minor change to an existing site or building in the Scarlett Court Overlay Zoning District that does not have an approved Scarlett Court Overlay Zoning District Site Development Review as a Waiver upon determining the following: 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. Page6of9 8.34.160 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except as otherwise provided in this Chapter. Section 4: Chapter 8.116 (Zoning Clearance) is hereby amended to read as follows: CHAPTER 8.116: ZONING CLEARANCE 8.116.010 Purpose. The purpose of this Chapter is to establish a procedure for certifying conformance of a Building Permit, Sign application, Recreational Facility (Indoor), Large Family Day Care Home, or auto-related use in the Scarlett Court Overlay Zoning District application with the requirements of this Title, the General Plan, any applicable Specific Plans, and the terms and conditions of any applicable permits or variances. 8.116.020 Applications Requiring a Zoning Clearance. A. Building Permit. B. Signs. All signs which have been identified in Chapter 8.84, Sign Regulations, as requiring a Zoning Clearance. C. Recreational Facilities (Indoor) that meet the standards specified in Chapter 8.70 (Recreational Facilities (Indoor)) D. Large Family Day Care Homes that meet the standards specified in Chapter 8.66 (Large Family Day Care Homes). E. Automobile/Vehicle Brokerage, Automobile/Vehicle Rental, Automobile/Vehicle Repairs and Service, or Automobile/Vehicle Sales and Service use types that meet the standards specified in Chapter 8.34 (Scarlett Court Overlay Zoning District). 8.116.030 Application~ The Applicant shall submit a complete application for a Building Permit for a structure or a sign. If the Zoning Clearance is for a Recreational Facility (fndoor), the Applicant shall submit a"Zoning Clearance for Indoor Recreational Facility" form along with such information requested on said form. If the Zoning Clearance is for an auto-related use noted above in the Scarlett Court Overlay Zoning District, the Applicant shall submit a"Zoning Clearance for Auto- Related Uses in the Scarlett Court Overlay Zoning District" form along with such information requested on said form. If the Zoning Clearance is for a Large Family Day Care Home, the Applicant shall submit a"Zoning Clearance for Large Family Day Care Homes" form along with such information requested on said form. Page 7 of 9 8.116.040 Approval. The Director shall decide Zoning Clearance applications as follows: A. Building Permit. All building permit applications shall be reviewed for consistency with the regulations of this Title as required by Chapter 8.04, Title, Purpose and Authority. The Zoning Clearance approval for a Building Permit shall be a signature and date on the Building Permit and an initialed and dated stamp of approval on the approved building plans. B. Signs. All signs identified in the Sign Regulations as requiring a Zoning Clearance shall be applied for and approved as in subsection A of this section, Building Permit. C. Recreational Facility (Indoor). All Recreational Facilities (Indoor) shall be reviewed for compliance with Chapter 8.70 (Recreational Facilities (Indoor)). The Zoning Clearance approval for a Recreational Facility (Indoor) shall be a completed "Zoning Cfearance for Recreational Facilities (Indoor)" form with the date and signature of the Community Development Director or his/her designee. D. Large Family Day Care Homes. All Large Family Day Care Homes shall be reviewed for compliance with Chapter 8.66 (Large Family Day Care Homes). The Zoning Clearance approval for Large Family Day Care Homes shall be a completed "Zoning Clearance for Large Family Day Care Homes" form with the date and signature of the Community Development Director or his/her designee. Rev. Ord. 3-10 (February 2010); Ord. 15-09 (November 2009) E. Automobile/Vehicle Brokerage, AutomobileNehicle Rental, Automobile/ Vehicle Repairs and Service, or Automobile/Vehicle Sales and Service use types in the Scarlett Court Overlay Zoning District. Auto-related uses in the Scarlett Court Overlay Zoning District shall be reviewed for compliance with Chapter 8.34 (Scarlett Court Overlay Zoning District). The Zoning Clearance approval shall be a completed "Zoning Clearance for Auto-Related Uses in the Scarlett Court Overlay Zoning District" form with the date and signature of the Community Development Director or his/her designee. 8.116.050 Expiration of Zoning Clearance. A Zoning Clearance issued in conjunction with a Building Permit shall expire when the Building Permit expires. A Zoning Clearance issued in conjunction with a Recreational Facility (Indoor), Large Family Day Care Home, or auto-related use in the Scarlett Court Overlay Zoning District shall expire when the use is no longer operational or the use is no longer in compliance with Chapter 8.34 (Scarlett Court Overlay Zoning District), Chapter 8.66 (Large Family Day Care Homes), or Chapter 8.70 (Recreational Facilities (Indoor). Section 5: 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. Page8of9 Section 6: 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 7: 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 on this 7th day of June, 2011, by the following vots: AYES: Councilmembers Biddle, Hart, Swalwell, and Mayor Sbranti NOES: None ABSENT: Councilmember Hildenbrand ABSTAIN: None ATTEST: ~ ~pPUT~ ity Clerk Ord No. 8-11, Adopted 6-7-11, Item 4.4 ~.~~ , Mayor Page9of9