HomeMy WebLinkAboutItem 4.03 Scarlett Court Overlay Zoning
CITY CLERK
File # D[i]~[(i]-[2][(iJ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 15,2007
SUBJECT:
Scarlett Court P A 03-063 Amendments to Title 8, Zoning
Ordinance, of the Dublin Municipal Code to create Chapter 8.34,
Scarlett Court Overlay Zoning District; amend Chapter 8.104, Site
Development Review; and amend the Zoning Map to depict an
overlay zoning designation for the Scarlett Court area. (Legislative
Action)
Report prepared by Erica Fraser, Senior Planner
ATTACHMENTS:
Ordinance amending Title 8 of the Dublin Municipal Code to create
Chapter 8.34, Scarlett Court Overlay District, amendment to Chapter
8.104, Site Development Review, and an amendment to the Zoning
Map to depict an overlay zoning designation for the Scarlett Court
area (attached as Exhibit A).
RECOMMENDATION: ~ Waive reading and adopt Ordinance amending Title 8 of the Dublin
c:/' ~ Municipal Code to create Chapter 8.34, Scarlett Court Overlay
District, amendment to Chapter 8.104, Site Development Review,
and an amendment to the Zoning Map to depict an overlay zoning
designation for the Scarlett Court area (attached as Exhibit A).
FINANCIAL STATEMENT: None
PROJECT DESCRIPTION:
The Scarlett Court area is approximately 52 acres in size and consists of approximately 26 parcels. The
area is bounded on the west by Dougherty Road, the north by Dublin Boulevard, the south by 1-580, and
the east by the Iron Horse Trail right-of-way.
The area has a General Plan land use designation of Business Park/Industrial: Outdoor Storage (F.A.R: .25
to .40) and Retail/Office and Automotive (F.A.R. .25 to .50). The General Plan designation anticipates
retail and manufacturing activities conducted outdoors such as construction materials storage. The zoning
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district for the area is M-1 (Light Industrial), which allows warehousing, industrial, and other similar uses
and C-2 (General Commercial), which allows auto related and retail uses.
The Scarlett Court area currently contains a variety of industrial uses including: building material sales,
light industrial uses, outdoor storage, mini storage, auto repair, and new/used automobile sales. Currently,
the predominant use within the area is auto-related.
The Scarlett Court Design Guidelines represent Phase I of the Scarlett Court Specific Plan. Phase I of the
Specific Plan includes design guidelines and the necessary amendments to the Zoning Ordinance and
General Plan only.
Phase I includes the following:
. Scarlett Court Design Guidelines;
. Amendment to the Zoning Ordinance to create Chapter 8.34, Scarlett Court Overlay Zoning
District;
. Amendment to the Zoning Ordinance to amend Chapter 8.1 04, Site Development Review;
. Amendment to the Zoning Map to add an overlay zoning designation to the Scarlett Court area;
and
. Amendment to the General Plan to include a Policy for the Scarlett Court area.
Phase II is anticipated to occur in the future and may include policies and a change in the existing land use
designations including permitted and conditionally permitted uses of land as part of a Specific Plan.
On May 1, 2007, the City Council discussed the Scarlett Court Design Guidelines and the associated
Zoning Ordinance and Zoning Map amendments and General Plan amendment during a Public Hearing.
During the Public Hearing, the City Council did not request any changes to the Design Guidelines or the
associated Zoning and General Plan Amendments. At the May 1, 2007 meeting, the City Council adopted
a Resolution approving the Scarlett Court Design Guidelines, a Resolution approving an amendment to
the General Plan to include a Policy for the Scarlett Court area and waived the reading and introduced an
Ordinance amending the Zoning Ordinance and Zoning Map.
RECCOMENDATION:
Staff recommends that the City Council waive reading and adopt Ordinance amending Title 8 of the
Dublin Municipal Code to create Chapter 8.34, Scarlett Court Overlay District, amendment to Chapter
8.104, Site Development Review, and an amendment to the Zoning Map to depict an overlay zoning
designation for the Scarlett Court area (attached as Exhibit A).
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ORDINANCE NO. XX - 07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN
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ADDING CHAPTER 8.34 TO THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE)
ESTABLISHING THE SCARLETT COURT OVERLAY ZONING DISTRICT AND ADDING
SECTION 8.104.030.J TO THE DUBLIN MUNICIPAL CODE (ZONING ORDINANCE)
RELATING TO THE SCARLETT COURT OVERLAY ZONING DISTRCT SITE
DEVELOPMENT REVIEW AND AMENDING THE ZONING MAP TO ADD AN OVERLAY
ZONING DISTRICT DESIGNATION TO THE SCARLETT COURT AREA
PA 03-063
WHEREAS, the Scarlett Court area consists of approximately 52 acres of land and is bounded on
the west by Dougherty Road, the north by Dublin Boulevard, the south by I-580 right-of-way, and the east
by the Iron Horse Trail right-of-way; and
WHEREAS, during the Goals and Objectives session for Fiscal Year 2002/2003, the City Council
requested Staff, as a high priority item, to initiate a Specific Plan for the Scarlett Court Area; and
WHEREAS, on June 20, 2006, the City Council directed Staff to divide the Specific Plan
preparation into two phases with the first phase of the Scarlett Court Specific Plan to include landscape,
signage and design guidelines; and
WHEREAS, as part of this first phase, amendments to the Zoning Ordinance and Zoning Map are
proposed as set forth herein, and no land use changes are proposed at this time; and
WHEREAS, the existing underlying zoning designations of M-1, Light Industrial, and C-2
General Commercial (APN: 941-0550-012-11 only) 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 March 27, 2007 and April 10, 2007, and adopted Resolution No. 07-18 recommending that
the City Council adopt this Ordinance; and
WHEREAS, the City Council of the City of Dublin does hereby find that the proposed Ordinance
is consistent with the Dublin General Plan and all applicable Specific Plans.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
ordain as follows:
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Section 1. Addition of Chapter 8.34: Chapter 8.34 of the Dublin Municipal Code is hereby
added to read as follows:
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.
8.34.020 Intent. The intent of this chapter is 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.
8.34.030 Applicability. The Scarlett Court Overlay Zoning District is a designation in addition to
the M-1 (Light Industrial), G2 (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.
8.34.040 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.
8.34.050 Application. The Applicant shall submit 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 Directar of Community Development.
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8.34.060 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.
8.34.070 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.
8.34.080 Required Findings. The following findings shall all be made in order to approve an
application for Scarlett Court 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 Scarlett Court
Design Guidelines.
8.34.090 Action. 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 8.34.070, 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.
8.34.100 Amendment. 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.
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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 Director or hislher
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 Des' Guidelines. The Scarlett Court Design Guidelines adopted by the
City Council on ~.r'j' / O by Resolution p..5~-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.
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8.34.160 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall apply
except as otherwise provided in this Chapter.
Section 2. Addition of Section 8.104.030.J: Section 8.104.030.J of the Dublin Municipal Code
is hereby added to read as follows:
Scarlett Court Overlay Zoning District Site Development Review. Any development in the
Scaxlett Court Overlay Zoning District (as indicated on the Zoning Map) shall be reviewed in
accordance with and subject to Chapter 8.34, Scarlett Court Overlay Zoning District, in addition to
this Chapter.
Section 3. Amendment of Zoning Map: The Zoning Map is hereby amended to add an overlay
designation to the Scarlett Court 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 Scarlett Court Overlay Zoning
District designation to the Scarlett Court Area.
Section 4. 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 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.
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. Effective Date and Posting of Ordinance: This ordinance shall take effect and be in
force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall
cause the 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 15t"
day of May 2007 by the following vote:
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AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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