HomeMy WebLinkAbout4.09 Community Dev Handouts 42-0 0
CITY OF DUBLIN
AGENDA STATEMENT.
City Council Meeting Date: September 8, 1986
SUBJECT: Community Development Handouts
EXHIBITS ATTACHED: Draft Community Development Handouts as follows:
(1) Variance; (2) Planned Development; (3) Zone
Change; (4) Use Permit; (5) General Plan Amendment;
(6) Subdivision; (7) Site Development Review; (8)
Environmental Assessment.
RECOMMENDATION: ir (1) Review Draft Community Development Handouts
(2) Direct Staff to finalize and have printed.
FINANCIAL STATEMENT: Sufficient funds have been budgeted for printing.
DESCRIPTION:
As part of the 1986 City Council Goals and Objectives, Staff has worked
on a number of Community Development Handouts. The Handouts are intended to
help the public understand the various planning application processes.
Staff has worked with Robert Schubert, Planning Consultant, in
developing eight handouts relating to (1) Variances, (2) Planned Developments,
(3) Zone Changes, (4) Use Permits, (5) General Plan Amendments, (6)
Subdivisions, (7) Site Development Review, and (8) Environmental Assessments.
The handouts utilize a question-and-answer format. Each begins with a
question asking what a particular application is about; e. g. , "What is a
variance?" or -"What is a use permit?". The question is then followed by an
answer. The.•remaining questions and answers vary slightly with each handout,
generally asking whether a particular permit is required, who makes the
decision, what steps are involved in processing the permit, how long it will
take, and who should be contacted for additional information.
The handouts attached are drafts, which have been reviewed by
Development Services Staff for content; the final format and layout may differ
slightly in that the handouts will be sent out for printing.
F
ITEM NO. ` C► COPIES TO: Planning Department
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THE LAYPERSON'S GUIDE TO APPLYING FOR A VARIANCE
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WHAT IS A VARIANCE?
If you want to build a project that does not conform to certain City zoning
standards, a variance application must be processed before a building permit can be
issued. Since approval of a variance takes additional time and expense, you should
consider redesigning the project to meet all zoning standards before submitting an
application for a variance. Here are some examples of typical variance requests:
1. Can I build a fence which is taller than allowed?
2. Can I build an addition which is closer to my property line than allowed?
3. Can I build an addition which is larger than allowed?
HOW CAN I FIND OUT WHETHER A VARIANCE IS NEEDED?
You should first check with a planner to find out if you need a variance and
whether a variance could be granted. The planner can tell you everything you need to
know about variances, including what you need to submit, time estimates, and the
filing fee: 11.
HOW DOES THE CITY DECIDE WHETHER TO APPROVE A VARIANCE?
Variance requests are usually decided by the Zoning Administrator at a public
hearing. Some variance requests are heard by the Planning Commission in conjunction
with another application that requires a Planning Commission decision. Each variance
is a special case which must be decided on its own merits. The Zoning
Administrator's decision must be based on three legal findings, supported by factual
evidence. These findings are (1) that there is a unique physical situation, (2) that
the variance would only grant parity with similar properties, and (3) that the
variance would not be detrimental to the neighborhood. Four slightly different
findings are required for sign variances. Inconvenience and cost are not grounds for
granting any type of variance. The Zoning Administrator may impose conditions of
approval such as time limitations, architectural and site approval, street
dedications, and street and drainage improvements.
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WHAT STEPS ARE INVOLVED IN PROCESSING A VARIANCE?
When a variance is needed, construction cannot begin until the variance is
approved by the Zoning Administrator and a building permit is obtained. Here are the
steps:
1. Pre-application meeting: Before preparing detailed plans, you should set
up a meeting with a planner to discuss your project. It's best if you bring a rough
draft of your plan to this initial meeting. At the meeting, you should (1) explain
your project to the planner, (2) determine any preliminary issues or concerns, (3)
receive detailed submittal requirements, and (4) discuss the review process.
2. Application submittal: Consult a planner and a copy of the General
Submittal Requirements to determine the items you need to submit for a complete
application. An important item to include in your application submittal is a written
statement. This statement should describe your variance request and should provide
factual evidence to support each of the three mandatory findings which the Zoning
Administrator must make in order to approve your request. Submit the application
package to the Planning Department.
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3. Staff review: A Project Planner will be assigned to help coordinate the
application review process. The Project Planner will determine whether your
submittal is complete. State Law requires the City to notify you within 30 days as
to the status of your application submittal (whether it is complete or incomplete) .
If it is complete, it will be referred to other public agencies (police, fire,
building, engineering, etc. ) for review and comment. If it is incomplete, processing
will be delayed. Staff will also determine whether your proposal will need an
environmental assessment. Typically, minor variances do not have a significant
environmental impact. Upon completion of staff review, a Zoning Administrator
hearing will be scheduled.
4. Zoning Administrator hearing: State Law requires that at least 10 days
prior to the hearing, notices be sent to you and all property owners within 300 feet
of your property. During the public hearing, the Zoning Administrator will accept
testimony from you, Staff, and the public. The Zoning Administrator will then make a
decision on the application.
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5. Appeal period: After the Zoning Administrator makes a decision, it may be
appealed to the Planning Commission within 10 days of the decision. Appeals may be
filed by you or by any other person affected by the decision. This may be done by
submitting a letter to the Planning Department which states the specific reasons for
the appeal. The Planning Commission acts on an appeal at a public hearing. The
decision of the Planning Commission may be appealed to the City Council in the same
manner.
6. Building permit: If no appeal is filed and the appeal period expires, the
decision becomes final. If the application was approved, you may apply for a
building permit and must comply with any conditions of approval.
HOW LONG WILL IT TAKE TO PROCESS A VARIANCE?
The length of time involved in processing a variance depends upon the
completeness of the application, the complexity of the request, and various State and
local processing requirements. For example, public notice needs to be given at least
10 days before the public hearing, and there is a 10-day appeal period after action
is taken. Staff review, interagency coordination, and discussion with the applicant
and general public need to be considered. An environmental assessment or appeal
would lengthen the processing time.
As a rough time estimate, recent variance applications have gone to public
hearing within an average of eight weeks after the submittals were found complete.
Allowing two additional weeks for the appeal period, the estimated time for overall
processing of a variance would be ten (10) weeks from the time that the application
submittal was completed.
WHEN.MUST THE VARIANCE BE USED?
If the approved variance is not established within one year of the date of
approval( it will expire and become invalid.
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THE LAYPERSON'S GUIDE TO APPLYING FOR A PLANNED DEVELOPMENT
WHAT IS A PLANNED DEVELOPMENT?
A Planned Development (PD) is a special type of zoning that establishes its own
unique zoning requirements including building setbacks, building heights, and the
types of uses permitted.
A Planned Development does not need to follow standard zoning requirements. It
allows a development plan to have greater flexibility based on superior design and
amenities. For example, the development plan may cluster single-family homes,
townhouses, and apartments along with community facilities in a pattern that is best
suited to preserve the natural environment. •
WHY HAVE A PLANNED DEVELOPMENT REZONING RATHER THAN A STANDARD REZONING?
A Planned Development is intended to provide the community with:
- .a better design
. F.- more common and usable open space
- enhanced natural features •
- more development amenities
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It provides the developer with a chance to:
- design a development without being constrained by standard zoning
requirements
- provide a mixture of different kinds of uses
- obtain a few more dwelling units or some additional floor space
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HOW IS A PLANNED DEVELOPMENT PROCESSED?
A Planned Development typically involves a change in zoning and a site
development review, which are often processed concurrently. All Planned Development
proposals must be considered during public hearings before the Planning Commission
and the City Council.
There are typically five steps involved in processing a Planned Development
proposal:
1. Pre-application meeting: Prior to submitting a Planned Development
application, you should set up a meeting with a planner to discuss your project. It
is best if you bring a rough draft of your plan to this initial meeting. At the
meeting, you should (1) explain your project to the planner, (2) determine any
preliminary issues or concerns, (3) receive detailed submittal requirements, and (4)
discuss the review process.
2. Application submittal: Consult a planner and a copy of the Planned
Development Rezoning Submittal Requirements to determine what items are needed for a
complete application submittal. The planner can tell you which submittal
requirements- can be waived for your project. The application packet must be filed
with the Planning Department. The plan must show that a civil engineer, an
architect, or a landscape architect participated in its preparation. A Project
Planner will be assigned to help coordinate the application review process.
3. Staff review: The Project Planner will determine whether your submittal is
complete. State Law requires the City to notify the applicant of the submittal
status (whether it is complete or incomplete) within 30 days of the submittal. If
the application is complete, it will be referred to other public agencies (police,
fire, building, engineering, etc. ) for review and comment. If it is incomplete,
processing will be delayed. A planner will also determine whether your project will
require an environmental document. Typically, Planned Developments require the
preparation of either a Negative Declaration or an Environmental Impact Report (EIR) .
Upon completion of Staff review and the environmental document, a Planning Commission
hearing on the Planned Development proposal will be scheduled.
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4. Planning Commission hearing: State Law requires that, at least 10 days
prior to the Planning Commission hearing, notices be sent to you and the surrounding
property owners. During the hearing, the Planning Commission will accept testimony
from you, Staff, and the general public. Upon completion of the public hearing, the
Planning Commission will recommend that the City Council either approve, deny, or
conditionally approve the project.
5. City Council hearing: At least 10 days prior to holding a public hearing
to consider the Planning Commission's recommendation, a hearing notice will be sent
to you and surrounding property owners. The City Council will accept testimony from
you, Staff, and the public during the hearing. Because a Planned Development
involves rezoning property, the City Council must consider the item at two public
hearings (referred to as the First and Second Readings) . After the second reading,
if the City Council approves the Planned Development, it becomes effective 30 days
later.
6. Building Permit: - Once the 30 days have passed, you may apply for a
building permit and must comply with any conditions of approval.
HOW LONG WILL .,IT TAKE TO PROCESS A PLANNED DEVELOPMENT?
The length of time involved in processing a Planned Development depends upon
the completeness of the application, the complexity of the request, and various State
and local processing requirements. For example, public notice needs to be given at
least 10 days before the public hearing, and there is a 10-day appeal period after
action is taken. Staff review, the environmental assessment, interagency
coordination, and discussion with the applicant and general public need to be
coordinated.
As a rough time estimate, recent Planned Development applications have gone to
public hearing within about one and one-half months after the submittals were found
complete. Allowing two additional months for City Council hearings and the 30-day
effective period, the estimated time for overall processing of a Planned Development
would be four and one-half months from the time that the application submittal was
completed.
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WHEN MUST CONSTRUCTION BEGIN?
You must begin construction within two years of the Planned Development -
approval. If construction is not started within this period, or if construction is
not in accordance with approved plans, the Planning Commission can review the Planned
Development and recommend rezoning the site.
WHO DO I CALL FOR ADDITIONAL INFORMATION?
Call or visit the Dublin Planning Department at 6500 Dublin Blvd. , Suite D,
Dublin, California 94568, tel. (415)829-4916.
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THE LAYPERSON'S GUIDE TO APPLYING FOR A ZONE CHANGE
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WHAT IS A ZONE OR DISTRICT?
The City is divided into several Zoning Districts. Each District is
established to encourage and regulate the location of specific uses. Some areas of
the City are zoned for residential uses, while other areas are zoned for commercial
or. industrial uses. Examples include:
R-l: Single-Family Residential District
C-0: Administrative Office District
C-N: Neighborhood Business District
C-1: Retail Business District
C-2: General Commercial District
M-l: Light Industrial District
WHAT IS A ZONE CHANGE?
A zone change or rezoning is a procedure whereby you may request the City to
change the zoning classification of your property from one district to another. An
example would be a request to change a property from the Single Family Residential
District to a Multi-Family Residential District.
DO I NEED A ZONE CHANGE?
You should first check with a planner to find out whether your project requires
a zone change.
WHAT STEPS ARE INVOLVED IN PROCESSING A ZONE CHANGE?
A zone change involves a public hearing before both the Planning Commission and
the City Council. If a zone change is required, construction or operation of a use
cannot begin until the zone change request is approved and any necessary building
permits are obtained. Here are the steps:
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1. Pre-application meeting: You should set up a meeting with a planner to
discuss your project before preparing any detailed plans. At the meeting, you should
(1) explain your project to the planner, (2) determine any preliminary issues or
concerns, (3) receive detailed submittal requirements, and (4) discuss the review
process. The planner can advise you as to whether a General Plan Amendment is also
required. The General Plan Amendment application can be processed either
concurrently with or prior to the zone change request. A planner can tell you
everything you need to know about zone changes, including past zoning history of the
site or similar zone change requests in the City to help you decide whether you want
to apply.
2. Application submittal: Application forms can be obtained from and
submitted to the Planning Department. Ask a planner what items are required for
submittal, or check the General Submittal Requirements list available in the Planning
Department.
3. Staff review: Once you've submitted your application packet, a Project
Planner will be assigned to help coordinate the application review process. The
Project Planner will determine whether your submittal is complete. State Law
requires the City to notify you within 30 days as to whether your application is
complete or incomplete. If it is complete, your application will be referred to
other publip agencies (police, fire, building, engineering, etc.) for review and
comment. A planner will also determine whether your proposal will require an .
environmental assessment. Depending upon the particular project, either a Negative
Declaration or an Environmental Impact Report (EIR) will be required. Upon
completion of the Staff review and the environmental document, a Planning Commission
public hearing will be scheduled.
4. Planning Commission hearing: State Law requires that, at least 10 days
prior to the Planning Commission hearing, notices be sent to you and surrounding
property owners. During the hearing, the Planning Commission will accept testimony
from you, Staff, and the public. The Planning Commission will then make a
recommendation to the City Council.
5. City Council hearing: At least 10 days prior to holding a public hearing
to consider the Planning Commission's recommendation, a hearing notice will be sent
to you and surrounding property owners. The City Council will accept testimony from
you, Staff, and the public during the hearing. In order to rezone property, the City
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Council must consider the item at two public hearings (referred to as the First and
Second Readings) . After the second reading, if the City Council approves the zone
change, it becomes effective 30 days later.
6. Building permit: Once the 30 days have passed, you may apply for a
building permit and must comply with any conditions of approval.
HOW LONG WILL IT TAKE TO PROCESS A ZONE CHANGE?
The length of time involved in processing a zone change depends upon the
completeness of the application, the complexity of the request, and various State and
local processing requirements. For example, public notice needs to be given at least
10 days before the public hearing, and there is a 10-day appeal period after action
is taken. Staff review, the environmental assessment, interagency coordination, and
discussion with the applicant and -general public need to be considered.
As a rough time estimate, recent zone change applications have gone to public
hearing within about one month after the submittals were found complete. Allowing
two additional months for City Council hearings and the 30-day effective period, the
estimated time for overall processing of a zone change would be four months from the
time that the application submittal was completed.
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WHEN MUST THE ZONE CHANGE BE USED? •
Once the City Council approves a zone change, it becomes effective 30 days
later. A zone change remains in effect indefinitely or until the City Council
approves another zone change for the same property.
WHO DO I CALL FOR ADDITIONAL INFORMATION?
Call or visit the Dublin Planning Department at 6500 Dublin Blvd. Suite D,
Dublin, California 94568, tel. (415)829-4916.
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THE LAYPERSON'S GUIDE TO APPLYING FOR A USE PERMIT
WHAT IS A USE PERMIT?
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Some uses of property require careful review so that the use will not create
problems to their surroundings. These are called conditional uses. They require a
Use Permit, which is a discretionary permit that may or may not be allowed according
to the intent of the Zoning District. There are two types of Use Permits within the
City of Dublin.
1) A Conditional Use Permit requires approval by the City Planning Commission
for such uses as:
- a pre-school or church in a Residential District
- a recycling center or hotel in a Retail Business District
- a gas station or kennel in a General Commercial District
- a concrete batching plant or auto dealership in a Light Industrial
District.
2) An Administrative Conditional Use Permit requires approval by the City's
Planning Director for temporary uses such as Christmas Tree lots, pumpkin patches, or
special promotional signs or balloons.
HOW CAN I FIND OUT IF I NEED A USE PERMIT?
Look in the City of Dublin Zoning Ordinance at the list of conditional uses for
the Zoning District in which your property is located. If the use you wish to
establish is listed as a conditional use, a Use Permit is required. Another way to
find out is to ask a planner.
HOW DOES THE CITY DECIDE WHETHER TO APPROVE A USE PERMIT?
Conditional Use Permit requests are decided by the Planning Commission at a
public hearing. Administrative Conditional Use Permit requests are decided by the
Planning Director and do not require a public hearing. The decision must be based on
findings supported by factual evidence that the use (1) would be required by the
public need, (2) would be properly related to other uses of property and services in
the area, (3) would not adversely affect the health or safety of persons living or
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working in the neighborhood, and (4) would meet the standards established for the
particular Zoning District in which the property is located. The Planning Commission
or Planning Director may approve the application, deny it, or approve it subject to
conditions of approval. A condition of approval may, for example, set limitations on
the time of day for the conduct of the requested activities.
WHAT ARE THE STEPS INVOLVED IN PROCESSING A USE PERMIT?
When a Conditional Use Permit or Administrative Conditional Use Permit is
needed, construction or operation of the use or business cannot begin until the Use
Permit is approved and any needed building permit is obtained. The Planning
Commission acts on Conditional Use Permits, and the Planning Director acts on
Administrative Conditional Use Permits. Here are the steps:
1. Pre-application meeting: You should set up a meeting with a planner to
discuss your project before preparing detailed plans. At the meeting, you should (1)
explain your project to the planner, (2) determine any preliminary issues or
concerns, (3) receive detailed submittal requirements, and (4) discuss the review
process.
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2. Application submittal: Consult a planner or a copy of the General
Submittal Requirements to determine what items are needed for a complete application.
An important- item to include in your application submittal is a written statement.
This statement should describe your Use Permit request and should provide factual
evidence to support each of the mandatory findings which the Planning
Commission/Planning Director must make in order to approve your request. Submit the
application package to the Planning Department.
3. Staff review: A Project Planner will be assigned to help coordinate the
application review process. The Project Planner will determine whether your
submittal is complete. State Law requires the City to notify you within 30 days as
to the status of your application submittal (whether it is complete or incomplete) .
If it is complete, it will be referred to other public agencies (police, fire,
building, engineering, etc. ) for review and comment. If it is incomplete, processing
will be delayed. The Project Planner will also determine whether your proposal will
need an environmental assessment. Typically, minor Conditional Use Permits and
Administrative Conditional Use Permits do not have a significant environmental
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impact. Upon completion of staff review, a Planning Commission hearing will be
scheduled for a Conditional Use Permit, or the Planning Director will act on an
Administrative Conditional Use Permit.
4. Planning Commission hearing: State Law requires that at least 10 days
prior to the hearing, notices be sent to you and all property owners within 300 feet
of your property. During the public hearing, the Planning Commission will accept
testimony from you, Staff, and the public. The Planning Commission will then make a
decision on the application.
5. Appeal period: After the Planning Commission makes a decision, it may be
appealed to the City Council within 10 days of the decision. (In the case of an
Administrative Conditional Use Permit, the Planning Director's decision may be
appealed to the Planning Commission within five days.) Appeals may be filed by you
or by any other person affected by the decision. This may be done by submitting a
letter to the Planning Department which states the specific reasons for the appeal.
6. Building permit: If no appeal is filed and the appeal period expires, the
decision becomes final. If the application was approved, you may apply for a
building permit and must comply with any conditions of approval.
HOW LONG DOES•IT TAKE TO PROCESS A USE PERMIT?
The length of time involved in processing a Conditional Use Permit depends upon
the completeness of the application, the complexity of the request, and various State
and local processing requirements. For example, public notice needs to be given at
least 10 days before the public hearing, and there is a 10-day appeal period after
action is taken. Staff review, interagency coordination, and discussion with the
applicant and general public need to be considered. An environmental assessment or
appeal would lengthen the processing time.
As a rough time estimate, recent Conditional Use Permit applications have gone
to public hearings within about five weeks after the submittals were found complete.
Allowing two additional weeks for the appeal period, the estimated time for overall
processing of a Conditional Use Permit would be seven weeks from the time that the
application submittal was completed.
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An Administrative Conditional Use Permit typically does not take as long as a
Conditional Use Permit in that no public hearing is required. The estimated
processing time is two weeks, plus one additional week for the appeal period. A
minor Administrative Conditional Use Permit such as a grand opening advertising
display takes a minimum of 10 days including the appeal period.
WHEN MUST THE USE PERMIT BE USED?
If the approved use permit is not used within one year of the date of approval,
it will expire and become invalid.
WHAT HAPPENS IF I START WORK WITHOUT A USE PERMIT AND A BUILDING PERMIT?
The City of Dublin Zoning Ordinance states that anyone who violates the
Ordinance is guilty of a misdemeanor and upon conviction can be fined up to $500 and
jailed up to six months. Each day the violation exists is considered a separate
offense.
WHO DO I CALL FOR ADDITIONAL INFORMATION?
Call or visit the Dublin Planning Department at 6500 Dublin Blvd., Suite D,
Dublin, California 94568, tel. (415)829-4916.
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THE LAYPERSON'S GUIDE TO APPLYING FOR A GENERAL PLAN AMENDMENT
WHAT IS THE GENERAL PLAN?
The General Plan is a long-range, comprehensive plan to guide the day-to-day
physical development decisions that shape the social, economic, and environmental
character of the City. The City of Dublin adopted its General Plan in 1985. The
General Plan contains maps and policies directing the arrangement of land uses and
circulation systems to serve the City at full development.
WHAT IS A GENERAL PLAN AMENDMENT?
A General Plan Amendment is a procedure whereby you may request the City to
modify the policies or land use designations contained in the General Plan. The
General Plan can be amended as often as four times a year. Here are some examples of
General Plan Amendment requests:
1. Can the land use designation of my property be changed from Medium Density
Residential to Retail/Office?
2. Ch a major street proposed in the General Plan be extended to provide
access to my property?
3. Can the land use designation of my property be changed from Single-Family
Residential to Medium Density Residential?
DO I NEED A GENERAL PLAN AMENDMENT?
You should first check with a planner to find out whether your proposed project
is consistent with the General Plan. Most projects do not need a General Plan
Amendment. If a General Plan Amendment is required, the City Council will need to •
decide whether or not to authorize a General Plan Amendment Study. If the City
Council authorizes a study and you are requesting that the General Plan map
designation of your property be changed to another land use, a rezoning may be
required. The rezoning application can be processed either together with the General
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Plan Amendment request or after it is approved. A planner can tell you everything
you need to know about General Plan Amendments, including whether a rezoning is
required, what you need to submit, filing deadlines, and the filing fee.
WHAT STEPS ARE INVOLVED IN PROCESSING A GENERAL PLAN AMENDMENT?
If a General Plan Amendment is required and authorized by the City Council,
construction cannot begin until the request is approved and a building permit is
obtained. Here are the steps:
1. Pre-application meeting: You should set up a meeting with a planner to
discuss your project before preparing any detailed plans. At the meeting, you should
(1) explain your project to the planner, (2) determine any preliminary issues or
concerns, (3) receive detailed submittal requirements, and (4) discuss the review
process.
2. Application submittal: Consult a planner and a copy of the General
Submittal Requirements to determine the items you need to submit for a complete
application. Submit the application package to the Planning Department.
3. Staff review: A Project Planner will be assigned to help coordinate the
application review process. The Project Planner will determine whether your
submittal is complete. State Law requires the City to notify you within 30 days as
to whether your application submittal is complete or incomplete. If it is complete,
it will be referred to other public agencies (police, fire, building, engineering,
etc. ) for review and comment. If it is incomplete, processing will be delayed.
Staff will also determine whether your proposal will need an environmental
assessment. A General Plan Amendment will either require a Negative Declaration or
an Environmental Impact Report. Upon completion of Staff review and the
environmental document, a Planning Commission hearing will be scheduled.
4. Planning Commission hearing: At least 10 days prior to the hearing,
notices will be sent to you and surrounding property owners. During the public
hearing, the Planning Commission will accept testimony from you, Staff, and the
public. The Planning Commission does not make the final decision on a General Plan
Amendment; rather, they make a reconunendation to the City Council.
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5. City Council hearing: Following the Planning Commission recommendation on
the General Plan Amendment, a City Council public hearing will be scheduled. The
City Council may approve, modify, or deny the recommendation of the Planning -
Conmission.
HOW LONG WILL IT TAKE TO PROCESS A GENERAL PLAN AMENDMENT?
The length of time involved in processing a General Plan Amendment depends upon
the completeness of the application, the complexity of the request, and various State
and local processing requirements. For example, public notice needs to be given at
least 10 days before the public hearing, and there is a 10-day appeal period after
action is taken. Staff review, the environmental assessment, interagency
coordination, and discussion with the applicant and general public need to be
considered. Staff may be able to further discuss potential processing time with you.
WHEN MUST THE GENERAL PLAN AMENDMENT BE USED? •
A General Plan Amendment becomes effective immediately after City Council
adoption. A General Plan Amendment remains in effect indefinitely or until the City
Council adopts another General Plan Amendment for the same property.
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WHO DO I CALL FOR ADDITIONAL INFORMATION?
Call or visit the Dublin Planning Department at 6500 Dublin Blvd. Suite D,
Dublin, California 94568, tel. (415)829-4916.
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THE LAYPERSON'S GUIDE TO
APPLYING FOR A SUBDIVISION
WHAT IS A SUBDIVISION?
A subdivision is a procedure for dividing property into smaller areas of land
called parcels or lots. Normally, a subdivision is requested for the purposes of
selling, leasing, or financing the parcels.
WHAT'S THE DIFFERENCE BETWEEN A MINOR SUBDIVISION MAP, A MAJOR SUBDIVISION MAP,
A TENTATIVE MAP, A FINAL MAP, A PARCEL MAP, AND AN AIR SPACE SUBDIVISION?
A Minor Subdivision is a subdivision of four or fewer lots. A Parcel Map is a
map that creates a Minor Subdivision.
A Major Subdivision is a subdivision of five or more lots. A Final Map (also
called a Tract Map) is a map that creates a Major Subdivision.
A Tentative Map is a map showing the design of a proposed Major (also called a
Tentative Tract Map) or Minor (also called a Tentative Parcel Map) Subdivision.
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An Air Space Condominium Subdivision involves the interior subdivision . of a
building into, units for individual ownership. This type of subdivision may include
residential, commercial, office, or industrial buildings. Regardless of the number
of units involved, an Air Space Subdivision is processed as a Major Subdivision even
though they usually involve a single parcel of land.
WHAT.PROCESSING STEPS ARE INVOLVED?
The subdivision process involves two phases. The first phase requires the
preparation of a Tentative Map. The Planning Commission considers a Tentative Map at
a public hearing and makes changes or adds conditions of approval. The second phase
requires the subdivider to prepare a Final Map or Parcel Map in accordance with the
conditions of approval on the Tentative Map. When approval of a subdivision is
needed, parcels may not be sold until the Final Map or Parcel Map is approved by the
City Council and recorded at the County Recorder's office. Building permits may not
be issued until the Final Map or Parcel Map is recorded. Here are the specific
steps:
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1. Pre-application meetings: If you wish to subdivide property, you should
first discuss your proposed subdivision with a planner in the City's Planning
Department. At the meeting, you should (1) explain your project to the planner, (2)
determine any preliminary issues or concerns, (3) receive detailed submittal
requirements, and (4) discuss the review process. The planner can let you know
whether your subdivision meets the requirements of the City's General Plan, Zoning
Ordinance, Subdivision Ordinance, and the State Subdivision Map Act. Following the
initial meeting with a planner, you should meet with an engineer in the Engineering
Department to discuss the public improvements that will be required. You will be
responsible for all improvements necessary to serve all new parcels. These
improvements may include streets, street lights, storm drains, water, sewage
disposal, and any other improvements which are necessary for the project. In
addition, park dedication requirements must be met for all residential subdivisions.
2. Application submittal: Application forms and pertinent filing information
may be obtained from and submitted to the Planning Department. All Subdivision Maps
must be prepared by a registered civil engineer or licensed land surveyor.
3. Staff review: A Project Planner will be assigned to help coordinate the
application review process. The Project Planner will determine whether your
Tentative Map application package is complete. State Law requires the City to notify
you within 30 days as to whether your application submittal is complete or
incomplete. If it is complete, it will be referred to other public agencies (police,
fire, engineering, building, etc. ) for review and comment. If it is incomplete,
processing will be delayed. A planner will also determine whether your subdivision
will require an environmental document. Upon completion of Staff review and the
environmental document (if required) , a Planning Commission hearing will be
scheduled.
4. Planning Commission hearing: At least 10 days prior to the hearing,
notices will be sent to you and the surrounding property owners. During the public
hearing, the Planning Commission will accept testimony from you, Staff, and the
public.
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5. Appeal period: After the Planning Commission makesa decision, it may be
appealed to the City Council within 15 days. Appeals may befiled by submitting a
letter to the Planning Department stating the nature, extent, and reasons for the
appeal. The City Council acts on an appeal at a public hearing. •
6. Final Map or Parcel Map: Following approval of the Tentative Map, you must .
satisfy all conditions of approval and file improvement plans and a Final Map or
Parcel Map with the Engineering Department. After all the Tentative Map conditions
are satisfied, the Engineering Department will schedule the Final Map or Parcel Map
for review and approval by the City Council. Following City Council approval of the
Final Map or Parcel Map, it must be recorded at the County Recorder's Office.
HOW LONG WILL IT TAKE TO PROCESS A SUBDIVISION?
The length of time involved in processing a subdivision depends upon the
completeness of the application, the complexity of the request, and various State 'and
local processing requirements. For example, public notice needs to be given at least
10 days before the public hearing, and there is a 10-day appeal period after action
is taken. Staff review, interagency coordination, and discussion with the applicant
and general public need to be considered. An environmental assessment or appeal
would lengthen the processing time.
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As a rough time estimate, recent subdivision applications have gone to public
hearing within about two months after the submittals were found complete. Allowing
two additional weeks for the appeal period, the estimated time for overall processing
of a major subdivision would be two and one-half months from the time that the
application submittal was completed. •
WHEN MUST THE FINAL MAP OR PARCEL MAP BE APPROVED? •
An approved Tentative Map expires 2-1/2 years after its approval. During the
effective period of the Tentative Map, you may apply to extend the effective period
by up to three years. To obtain approval of an extension of the effective period,
you must show that the circumstances under which the Map was approved have not
changed to the extent that a ' change in the design or improvements shown on the
Tentative Map would be warranted.
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THE LAYPERSON'S GUIDE TO APPLYING FOR A SITE DEVELOPMENT REVIEW
WHAT IS A SITE DEVELOPMENT REVIEW?
The Site Development Review process regulates the architecture, landscaping,
signing, circulation, grading, and similar physical features of a project. When you
propose to construct a new building or change the exterior features of a developed
piece of property, Site Development Review is required. Site Development Review is
known in other communities as Precise Development Plans, Architectural Review or
Design Review. It is intended to promote orderly, attractive, and harmonious
development within the City.
DO I NEED A SITE DEVELOPMENT REVIEW?
All non-residential and multi-family projects require Site Development Review
approval. Typically, single-family houses do not need Site Development Review
approval. Under very special circumstances, a Site Development Review may be waived.
You should first check with a planner to find out whether your project requires a
Site Development Review.
WHAT STEPS ARE INVOLVED IN PROCESSING A SITE DEVELOPMENT REVIEW?
No public hearing is required for Site Development Review unless your project
also involves a Variance or a Conditional Use Permit. Here are the steps:
1. Pre-application meeting: You should set up a meeting with a planner to
discuss your project before preparing detailed plans. It is best to bring a rough
draft of your plan to this initial meeting. At the meeting, you should (1) explain
your project to the planner, (2) determine any preliminary issues or concerns, (3)
receive detailed submittal requirements, and (4) discuss the review process.
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2. Application submittal: Consult a planner or the General Submittal
Requirements to find out what items are needed for a complete application submittal.
Submit your application package to the Planning Department. It must include a site
plan prepared by either a licensed civil engineer, land surveyor, architect, or
landscape architect.
3. Staff review: A Project Planner will be assigned to help coordinate the
application review process. The Project Planner will determine whether your
application package is complete. State Law requires the City to notify the applicant
within 30 days as to whether the application submittal is complete or incomplete. If
it is complete, it will be referred to other public agencies (police, fire, building,
engineering, etc.) for review and comment. If it is incomplete, processing will be
delayed. A planner will also determine whether your proposal will require the
preparation of an environmental document. Depending upon the particular development,
the project may be categorically exempt or may require a Negative Declaration or an
Environmental Impact Report (EIR) .
Finally, the Planning Director will determine whether or not your proposal
conforms with or may be conditioned to conform fully to the regulation of the Zoning
Ordinance. If, in the opinion of the Planning Director, the proposal may cause the
admission .cif dangerous or objectionable noise, odors, lights, dust, smoke, or
vibrations, the Planning Director may refer the application to a consultant qualified
to advise as to whether the proposal would conform with the applicable performance
standards. The consultant prepares a written report. You will be required to pay
the fee for the consultant's services.
4. Planning Director's action: At the conclusion of the staff review, the
Planning Director will either approve, conditionally approve, or deny your proposal.
5. Appeal period: After the Planning Director makes a decision, it may be
appealed to the Planning Commission within 10 days. Appeals may be filed by
submitting a letter to the Planning Department stating the nature, extent, and
reasons for the appeal.
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THE LAYPERSON'S GUIDE
TO ENVIRONMENTAL ASSESSMENTS
WHAT IS AN ENVIRONMENTAL ASSESSMENT?
An environmental assessment is a written evaluation of the effects of a project
on the natural and man-made environment. All projects require review for compliance
with the California Environmental Quality Act (CEQA) . Many small projects are
categorically exempt. Other projects require an initial study which may result in
the issuance of a Negative Declaration (ND) or may require the preparation of an
Environmental Impact Report (EIR) .
CEQA? INITIAL STUDY? ENVIRONMENTAL IMPACT REPORT?
WHAT DOES IT ALL MEAN?
There are a lot of terms associated with an environmental assessment. The
following is a list of some of the most commonly used terms and their meanings: •
California Environmental Quality Act (CEQA) : This was enacted by the State in
1970. CEQA establishes policies and guidelines for governmental agencies to follow,
with the in ent of maintaining and preserving a high quality environment for both
present and future generations.
Categorical Exemption: The CEQA guidelines include a list of project
categories which were determined not to have a significant effect on the environment
and are therefore exempt from the provisions of CEQA. Projects which. are
categorically exempt include minor changes and small additions to existing buildings,
interior alterations, demolition of small buildings, and the construction of a new
single-family home.
Initial Study: An initial study typically consists of a project description,
environmental setting, a checklist used in identifying possible environmental
effects, and a discussion of ways to mitigate any significant effects identified.
The purpose of an initial study is to identify environmental impacts early in the
design of the project and to determine whether a Negative Declaration or an
Environmental Impact Report is necessary. •
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Negative Declaration: This, is a written statement describing why a project
will not have a significant effect on the environment and will not . require an
Environmental Impact Report. A Negative Declaration is prepared for projects when -
the initial study shows that there is no evidence that the project will have a
significant effect on the environment. A Negative Declaration is also prepared when
the initial study identified potentially significant effects but the project plans
were revised or the applicant proposes to eliminate or mitigate the effects so that •
they are no longer considered significant.'
Environmental Impact Report (EIR) : This is an informational document providing
the decision-makers and the general public with detailed information about the
effects a project is likely to have on the environment. It lists ways to minimize
the significant effects and it indicates alternatives to the proposed project. An
EIR is typically prepared when the initial study shows there is substantial potential
that the project may have a significant effect on the environment.
HOW DO I KNOW IF MY PROJECT .NEEDS
A NEGATIVE DECLARATION OR AN ENVIRONMENTAL IMPACT REPORT?
A planner will determine whether your project is categorically exempt or
whether it requires preparation of a Negative Declaration or an Environmental Impact
. , Report. AsIIpart of the environmental review of your project, additional information
or special studies may be required to adequately evaluate the project and determine
the environmental impact, if any.
DO I NEED TO APPLY SEPARATELY FOR ENVIRONMENTAL REVIEW?
WILL IT ADD TO THE PROCESSING TIME FOR MY PROJECT?
The environmental review is not a separate process;, it is carried out in
conjunction with _ the processing of the planning application submittal for your
project. The preparation of a simple Negative Declaration typically does not delay
action on the project. However, special studies for a Negative Declaration or an EIR
typically involve additional costs and time for preparation and .review of the
document.
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WHAT ARE THE BASIC PROCESSING STEPS IF A NEGATIVE DECLARATION IS REQUIRED?
If the initial study determines that your project will not have a significant -
effect on the environment, a planner will prepare a draft Negative Declaration. A
notice that the Negative Declaration has been prepared is typically provided to the
newspaper and to surrounding property owners within 300 feet of the project. A
Negative Declaration has at least a 10-day public review period during which time the
public may submit comments. After the review period is complete, the City may adopt
the Negative Declaration and take action on your project.
WHAT ARE THE BASIC STEPS INVOLVED IF AN EIR IS REQUIRED?
If the initial study determines there is substantial potential that your
project may have a significant effect on the environment, the City will select a
consultant to prepare an EIR. You will then be required to make a deposit with the
City to cover the costs of preparing the EIR. A preliminary draft EIR will then be
prepared by the consultant. -The preliminary draft EIR is reviewed by the City staff.
The consultant will then prepare a draft EIR for public distribution and review.
Public review period for a draft EIR is not less than 30 days and not more than 90
days. Following completion of the public review period on the draft EIR, the
consultant will evaluate comments received and prepare a written response which may
be included as a revision to the draft EIR or may be included in .the final EIR. The
consultant prepares the final EIR, which must be approved by the City prior to
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acting upon your project.
HOW LONG WILL IT TAKE?
If your project is exempt, no additional time will be required beyond the
normal processing time. However, if a Negative Declaration or EIR is required, the
time required to process your project will be increased according to the amount of
time required to prepare the environmental document.
WHO DO I CALL FOR ADDITIONAL INFORMATION?
Call or visit the Dublin Planning Department at 6500 Dublin Blvd. , Suite D,
Dublin, California 94568, tel. (415)829-4916.
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