HomeMy WebLinkAbout8.3 Attch 1 Exh B Draft Ordinance ORDINANCE NO. XX — 12
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ADDING CHAPTER 8.33 TO THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE)
ESTABLISHING THE COMMERCIAL CORRIDOR OVERLAY ZONING DISTRICT AND
AMENDING SECTION 8.104.040 RELATING TO THE COMMERCIAL CORRIDOR OVERLAY
ZONING DISTRCT SITE DEVELOPMENT REVIEW AND AMENDING THE ZONING MAP TO
ADD AN OVERLAY ZONING DISTRICT DESIGNATION TO THE
COMMERCIAL CORRIDOR AREA
PLPA-2012-00061
WHEREAS, one of the key initiatives of the City Council for Fiscal Year 2012-2013 is to
prepare design guidelines for new development along the City's commercial corridor; and
WHEREAS, the Commercial Corridor area consists of approximately 187 acres of land
generally comprised of parcels designated for commercial and industrial uses located on Dublin
Boulevard, San Ramon Road, Village Parkway, Clark Avenue, Sierra Court and Lane,
Dougherty Road; and Houston Place; and
WHEREAS, approval of the Commercial Corridor Design Guidelines and the creation of
Zoning Ordinance Chapter 8.33, Commercial Corridor Overlay Zoning District; an amendment to
Chapter 8.104, Site Development Review; and an amendment to the Zoning Map to add an
overlay zoning designation to the Commercial Corridor area will serve as an appropriate
mechanism to ensure that improvements in the area are designed and built in compliance with
the Commercial Corridor Design Guidelines; and
WHEREAS, the existing underlying standard zoning designations of each parcel in the
Commercial Corridor area will remain in full force and effect; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, the project has been found to be Exempt from CEQA, according to CEQA
Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility
that the proposed amendments to the Dublin Municipal Code (Zoning Ordinance) may have a
significant effect on the environment; and
WHEREAS, the Planning Commission held public hearings on said amendments to the
Zoning Ordinance on November 13, 2012 and adopted Resolution No. 12-xx recommending
that the City Council adopt this Ordinance; and
WHEREAS, a properly noticed public hearing was held by the City Council on
2012; and
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EXHIBIT B TO
ATTACHMENT 1
WHEREAS, pursuant to section 8.120.050.6 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 hear and use its independent judgment and consider all
said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
SECTION 1.
Addition of Chapter 8.33: Chapter 8.33 of the Dublin Municipal Code is hereby added to read as
follows:
CHAPTER 8.33 COMMERCIAL CORRIDOR OVERLAY ZONING DISTRICT
8.33.010 Purpose. The purpose of this Chapter is to establish a procedure to ensure that
all development in the Commercial Corridor Overlay Zoning District is reviewed for
substantial compliance with the Commercial Corridor Design Guidelines.
8.33.020 Intent. The intent of this chapter is to:
A. Enhance the aesthetics of properties in the Commercial Corridor area;
B. Guide the design of future development and improvements to reinforce the
Commercial Corridor Design Guidelines; and
C. Ensure that development in all of the commercial areas meets the community's
high standards and contributes to a positive image of the City of Dublin.
8.33.030 Applicability. The Commercial Corridor Overlay Zoning District is a designation
in addition to the standard zoning designation 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 Commercial Corridor Overlay provides a mechanism to review development on
any of the properties in the District for substantial compliance with the Commercial
Corridor Design Guidelines.
8.33.040 Projects subject to compliance with this Chapter:
A. New Construction. Any new construction or additions to an existing structure
within the Commercial Corridor 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 Commercial Corridor Overlay Zoning District,
including but not limited to, facade renovation, new and/or additional windows and
doors, and roof or ground-mounted mechanical equipment.
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C. Modification to Site Layout. Any modification to site layout or site improvements
in the Commercial Corridor Overlay Zoning District, including but not limited to,
parking, walls and fencing, circulation, landscaping, accessory structures, or trash
enclosures.
D. Signs. Installation of new signs or replacement of sign copy in the Commercial
Corridor Overlay Zoning District.
8.33.050 Application. The Applicant shall submit a complete Site Development Review
application pursuant to Chapters 8.104 (Site Development Review) and Chapter
8.124 (Applications, Fees and Deposits), accompanied by a fee and such
materials as are required by the Director of Community Development.
8.33.060 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.
8.33.070 Concurrent Consideration. When a Commercial Corridor 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.
8.33.080 Required Findings. The following findings shall all be made in order to approve
an application for Commercial Corridor Overlay Zoning District Site Development
Review:
A. Approval of the application is consistent with the purpose and intent of this
Chapter.
B. 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.
C. 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.
D. The design of the project will provide a desirable environment for the development
and an attractive environment for the public.
E. The project is in substantial compliance with the applicable chapters of the
Commercial Corridor Design Guidelines.
8.33.090 Action. The decision-maker for Commercial Corridor Overlay Zoning District Site
Development Review applications 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 Chapter 8.104 (Site Development Review).
The decision-maker may approve, conditionally approve, or deny a Commercial
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Corridor Overlay Zoning District Site Development Review based on the required
findings in Section 8.33.080.
8.33.100 Amendment. The process for amending a Commercial Corridor Overlay Zoning
District Site Development Review approval shall be the same as the process for
approving a Commercial Corridor Overlay Zoning District Site Development
Review application. The decision-maker for the Commercial Corridor Zoning
District Site Development Review amendment shall be the same decision-maker
that ultimately approved the Commercial Corridor Zoning District Site
Development Review including approval on appeal. The Community Development
Director or his/her designee may grant a Commercial Corridor 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 8.33.110, Waiver, to an approved
Commercial Corridor Overlay Zoning District Site Development Review.
8.33.110 Waiver to an approved Commercial Corridor Overlay Zoning District Site
Development Review. The Community Development Director or his/her
designee may allow a minor change to an approved Commercial Corridor Overlay
Zoning District Site Development Review as a Waiver upon determining the
following:
A. The proposed change is in substantial conformance with the approved
Commercial Corridor 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
Commercial Corridor Overlay Zoning District Site Development Review and is
substantially consistent with the Commercial Corridor Design Guidelines.
It is not the intent of this Chapter that a series of Commercial Corridor Overlay
Zoning District Site Development Review Waivers be used to circumvent the need
for full and complete Commercial Corridor Overlay Zoning District Site
Development Review.
8.33.120 Waiver for a project that does not have an approved Commercial Corridor
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 Commercial Corridor Overlay Zoning District that does not
have an approved Commercial Corridor 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
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C. The proposed change is substantially consistent with the Commercial Corridor
Design Guidelines.
It is not the intent of this Chapter that a series of Commercial Corridor Overlay
Zoning District Site Development Review Waivers be used to circumvent the need
for full and complete Commercial Corridor Overlay Zoning District Site
Development Review.
8.33.130 Commercial Corridor Design Guidelines. The Commercial Corridor Design
Guidelines adopted by the City Council on by Resolution ,
and as may be amended thereafter, shall be used to guide the review of
Commercial Corridor Overlay Zoning District Site Development Review
applications.
8.33.140 Building Permits. Building Permits shall not be issued except in accordance with
the terms and conditions of the Commercial Corridor Overlay Zoning District Site
Development Review approval.
8.33.150 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 Commercial Corridor 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.
8.33.160 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall
apply except as otherwise provided in this Chapter.
SECTION 2.
Amendment to Section 8.104.040.G: Section 8.104.040.G of the Dublin Municipal Code is
hereby amended to read as follows:
G Commercial Corridor Overlay Zoning District. All improvements within the
Commercial Corridor Overlay Zoning District shall be reviewed in accordance with and
subject to Chapter 8.33, Commercial Corridor Overlay Zoning District.
SECTION 3.
Addition of Section 8.104.040.H: Section 8.104.040.H of the Dublin Municipal Code is hereby
added to read as follows:
H. 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.
All other text in Chapter 8.104 not amended by this Ordinance remains unchanged.
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SECTION 4.
Amendment of Zoning Map: The Zoning Map is hereby amended to add an overlay designation
to the Commercial Corridor Design Guidelines project area as shown in Exhibit A. Staff is
hereby directed to amend the official Zoning Map of the City of Dublin to reflect the addition of
the Commercial Corridor Overlay Zoning District designation to the parcels shown on the map.
SECTION 5.
Compliance with California Environmental Quality Act ("CEQA'): The City Council declares that
this ordinance is exempt from CEQA based on the following findings: This ordinance is exempt
from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), which provides 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 an activity that is exempt from CEQA because
the ordinance does not, in itself, allow the construction of any building or structure. This
ordinance, therefore, has no potential for resulting in a significant effect on the environment,
directly or ultimately. Individual projects in the Scarlett Court area will be reviewed for
compliance with CEQA.
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. This Ordinance shall take effect and be enforced thirty (30) days following its
adoption.
SECTION 8.
Posting. 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
day of 2012, by the following votes:
AYES:
NOES:
ABSENT:
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ABSTAIN:
Mayor
ATTEST:
City Clerk
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