HomeMy WebLinkAboutItem 6.6 Ordinance Revising Planned Dev Dist Regulations (2)
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CITY CLERK
File # @]rn~~-~~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 3, 1997
SUBJECT:
PUBLI C HEARING: P A 97-013, Ordinance revising the Planned Development
District Regulations.
~ (Report prepared by: Dennis Carrington, Senior Planner/Zoning Administrator)
EXHIBITS ATTACHED: Exhibit A) Draft revised Planned Development Regulations section oftht
Zoning Ordinance.
Attachment I) Resolution of the Planning Commission recommending that the City
Council adopt an Ordinance repealing existing articles in the Zoning
Ordinance regarding Planned Developments and adopting new
Article 2 and 4 of Chapter 2 of Title 8 of the Dublin Zoning
Ordinance which modifY the City of Dublin Planned Development
Regulations.
.... RECOMMENDATION: I)
... ... 2)
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5)
Open Public hearing
Receive staff presentation and public testimony
Close public hearing
Deliberate
Waive reading and Adopt revised Planned Development Regulations
(Exhibit A).
FINANCIAL STATEMENT:
No financial impact anticipated.
DESCRIPTION:
Proposed amendment to the Planned Development section of the Zoning Ordinance to replace the Prelimina--y
Plan and Land Use and Development Plan of the existing Ordinance with a Stage I and Stage 2 Development
Plan. The Stage I Development Plan would be general in nature and apply to the entire Planned Development
Zoning District. The Stage 2 Development Plans would be more detailed and would apply to a portion of the
Planned Development Zoning District.
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COPIES TO: PA File
ITEM NO. (5!J (6
BACKGROUND:
As part of the update ofthe Zoning Ordinance the Planning Commission has reviewed proposed changes to the
Planned Developments section of the current Zoning Ordinance. Staff has prepared a final draft ofthis section
of the Ordinance based on input received from the Planning Commission and the City Attorney. This portion of
the Zoning Ordinance update is being accelerated ahead of the remainder of the Zoning Ordinance update in
order to provide the benefits of the revised Planned Development procedure for large planned developments
which are, or soon will be, submitted for review.
On May 13, 1997, the Planning Commission approved a resolution (Attachment I) recommending that the City
Council adopt an Ordinance repealing existing articles in the Zoning Ordinance regarding Planned Developments
and adopting new Article 2 and 4 of Chapter 2 of Title 8 of the Dublin Zoning Ordinance which modif)' the City of
Dublin Planned Development Regulations.
On May 20, 1997, the City Council introduced the revised Planned Development Regulations of the Zoning
Ordinance (Exhibit A).
ANALYSIS:
REVISIONS TO ORDINANCE
The major difference between the existing Planned Development section of the Ordinance and the proposed.
section is the replacement of the Preliminary Plan and Land Use and Development Plan of the existing
Ordinance with a Stage 1 and Stage 2 Development Plan. The Stage I and Stage 2 Development Plans WIlich
may be adopted at the same time as a Zoning Ordinance amendment or adopted by means of separate Zoning
Ordinance amendments.
The Stage I Development Plan would be adopted for the entire Planned Development District site when the
rezone occurs. That plan would establish the permitted, conditionally permitted and accessory uses,
development plan, site area and proposed densities, maximum number of residential units and non residential
square footages, consistency with Inclusionary Zoning regulations, and consistency with the General Plan and
Specific Plans. The plan would include a phasing plan and a Master Landscaping Plan.
The Stage 2 Development Plan for all or a portion of the entire Planned Development District site could be
adopted with the Stage 1 Development Plan at the time of the Zoning Ordinance Amendment, or could be
adopted at a subsequent time as a separate Zoning Ordinance Amendment(s). A Stage 2 Development Plan
would set forth proposed uses, site plan, site area and proposed densities, exact numbers of residential units by
type and non residential square footages for each use, development regulations, architectural details, preliminary
landscape plan, preliminary grading plan, improvement plans, and shall include any required development
agreements or other information.
It would be required that all Subdivision Maps, Conditional Use Permits, and Site Development Reviews within:.:.
a Stage 2 development area be consistent with that Stage 2 Development Plan. Where phased development of
the Planned Development Zoning District is proposed, Stage 2 Development Plans could be requested for
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portions of the property within the Planned Development Zoning District, however, ministerial and
,'discretionary permits would be issued only for those portions for which a Stage 2 Development Plan has been
adopted.
Other changes to the Planned Development section of the Zoning Ordinance would include:
I. The requirement that the minimum area of a Planned Development be 4 acres.
2. The Community Development Director, in addition to the Planning Commission, may approve minor
amendments to a Development Plan.
INCORPORATION IN UPDATED ZONING ORDINANCE
The revised Planned Development regulations of the Zoning Ordinance is proposed to be incorporated into the
updated Zoning Ordinance when it is adopted and ",<ill be re-named the "Planned Development Zoning
District".
ENVIRONMENTAL REVIEW
The proposed zoning ordinance amendment to revise the Planned Development section of the Zoning Ordinance
would not create new development potential beyond that of the existing Zoning Ordinance because, like the
ordinance section in would replace, it does not facilitate development, but merely provides a means for planned
, ,,::development analysis and review for projects which would themselves be subject to subsequent environmental
. ':review. Therefore the Planned Development Zoning Ordinance Amendment is exempt from the California
Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment.
RECOMMENDATION
Staff recommends that the City Council Open Public hearing, receive staff presentation and public testimony, close
the public hearing, deliberate, waive reading and Adopt the revised Planned Development Regulations of the
Zoning Ordinance (Exhibit A).
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ORDINANCE NO. - 97
AN ORDINANCE OF THE CITY OF DUBLIN REVISING THE
PLANNED DEVELOPMENT DISTRICT REGULATIONS
The City Council of the City of Dublin does ordain as follows:
Section 1. Section 8-31.0 through Section 8--31.19 are hereby amended to
read as follows:
Sec. 8-31.0 Purpose. The purpose of this Chapter is to:
A. Establish a Planned Development Zoning District through which one or more
properties are planned as a unit with development standards tailored to the site.
B. Provide maximum flexibility and diversification in the development of property.
C. Maintain consistency with, and implement the provisions of, the Dublin General
Plan and applicable Specific Plans.
D. Protect the integrity and character of both residential and non-residential areas of
the City.
E. Encourage efficient use of land for preservation of sensitive environmental areas
such as open space '!Teas and topographic features.
F. Provide for effective development of public facilities and services for the site.
G. Encourage use of design features to achieve development that is compatible with
the area.
H. Allow for creative and imaginative design that v.<ill promote amenities beyond those
expected in conventional developments.
Sec. 8-31.2 Intent. The intent of this Chapter is to create a more desirable use of the
land, a more coherent and coordinated development, and a better physical
environment than would otherwise be possible under a single zoning district
or combination of zoning districts.
See. 8-31.3 Applicability. The provisions of this Chapter shall be applicable to
property only upon designation of the site as a Planned Development
Zoning District pursuant to procedures set forth in Section 8-103.0,
Amendments. A Planned Development Zoning District shall be established
by the adoption of an Ordinance reclassifYing the property to such district
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EXHIBIT A
and adopting a Development Plan. A Development Plan shall constitute a
District Planned Development Plan as required by Chapter 11.2.7 of the
Eastern Dublin Specific Plan. The Development Plan shall establish
regulations for the use, development, irnprovement, and maintenance of the
property within the requested Planned Development Zoning District, and
may be adopted in stages, as follows:
A. Stage 1 Development Plan. A Stage 1 Development Plan shall be adopted for the
entire Planned Development District site with the reclassification of the property to
the Planned Development Zoning District. The plan shall establish the permitted,
conditionally permitted, and accessory uses, Stage I site plan, site area and
proposed densities, maximum number of residential units and non residential
square footages, a phasing plan and a Master Landscaping Plan; statements
regarding consistency with General Plan and Specific Plans, and consistency with
Inclusionary Zoning regulations, an aerial photo, other information necessary for
the review of the proposed project; and any provisions as further described in the
Application section below.
B.
Stage 2 Development Plan. A Stage 2 Development Plan for all or a portion of the
entire Planned Development District site may be adopted with the Stage 1
Development Plan at the time of the zoning ordinance amendment, or may be
adopted at a subsequent time as a separate Zoning Ordinance Amendment(s)
pursuant to Section 8-103.0, Amendments. A Stage 2 Development Plan shall
establish permitted, conditionally permitted, and accessory uses, Stage 2 site plan,
site area and maximum proposed densities, maximum numbers of residential units
by type and non residential square footages for each use, development regulations,
architectural standards, preliminary landscape plan, other information necessary for
the review of the proposed project; and any provisions as further described in the
Application section below. All Subdivision Maps, Conditional Use Permits, and
Site Development Reviews within a Stage 2 development area shall be consistent
with that Stage 2 Development Plan. Where phased development of the Planned
Development Zoning District is proposed, Stage 2 Development Plans may be
requested by the developer for portions of the property within the Planned
Development Zoning District. Ministerial and discretionary p=its may be issued
only for those portions of a Planned Development District for which a Stage 2
Development Plan has been adopted.
Sec. 8-31.4 Application. The Planned Development Zoning District may be requested
pursuant to Section 8-103.0, Amendments, in the form specified by the City
of Dublin. The application shall be sufficient to demonstrate compliance
with the Dublin General Plan and applicable Specific Plans, and shall
(subject to modification by the Director of Community Development and or
the Planning Commission) include the following:
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A. Stage 1 Development Plan. The Stage I Development Plan shall include all of the
following information and materials for the entire Planned Development Zoning
District site:
1. Statement of proposed uses. A written Statement of Proposed Uses,
including permitted, conditional, and accessory uses.
2. Stage 1 Site Plan. A Stage 1 Site Plan showing the location and
arrangement of existing and proposed land uses, and proposed development
stages for the entire Planned Development Zoning District, and uses and
structures v.<ithin 300 feet beyond the district boundary; location of public
uses including but not limited to parks, schools, and trails; proposed entry
monuments; existing and proposed locations of freeways, arterials and
collector streets.
3. Site area, proposed densities. Gross and net area of site; maximum
densities for residential and non-residential development, minimum
densities where applicable for compliance with the Dublin General Plan or
applicable specific plans; and maximum number of residential units and or
maximum non-residential square footage.
4. Phasing Plan. A phasing plan shall show the boundaries, timing and
sequencing, gross and net areas and densities, and non-residential square
footages, for development within the entire Planned Development Zoning
District. It shall also include existing and proposed land uses; major
features of the circulation system including any existing and proposed
freeways, arterials, and collector streets; other infrastructure requirements
including water supply, wastewater collection, treatment and disposal, and
drainage systems. .
5. Master Neighborhood Landscaping Plan. Provide a Master
Neighborhood Landscaping Plan showing parks, pedestrian circulation,
landscaping, and hardscape proposed at the neighborhood level.
6. General Plan and Specific Plan Consistency. A written statement
addressing consistency v.<ith all elements of the General Plan and any
applicable specific plans.
7. Inclusionary Zoning Regulations. A written statement addressing
compliance v.<ith the Inclusionary Zoning Regulations for the provision of
affordable housing. This statement should supplement any statement
regarding compliance with the Housing Element of the General Plan.
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8. Aerial Photo. An aerial photo of the proposed district and 300 feet beyond
the district boundary showing sufficient topographic data to indicate clearly
the character of the terrain; the type, location, and condition of mature trees,
and other natural vegetation; and the location of existing development.
9. Other information. Other information as required by the Department of
Community Development as necessary for the substantive and
environmental review of the proposed project.
B. Stage 2 Development Plan. The Stage 2 Development Plan shall include the
following detailed information and materials for all or a portion of the site, as
applicable under any proposed or adopted phasing plan:
1. Statement of compatibility with Stage 1 Development Plan. A written
statement demonstrating compatibility of the Stage 2 Development Plan
with the Stage 1 Developrnent Plan.
2. Statement of proposed uses. A written Statement of Proposed Uses,
including permitted, conditional, and accessory uses.
3.
Stage 2 Site Plan. A detailed site plan for all or a portion of the Planned
Development Zoning District showing the location and arrangement of
existing and proposed land uses on the site and within 100 feet beyond its
boundary; existing and proposed circulation system; existing structures and
proposed general building areas; contours; parking areas, driveways and
loading areas in general; limits of grading; and phasing boundaries per the
Stage 1 Development Plan.
4. Site area, proposed densities. Gross and net area of the Stage 2 site;
maximum densities for residential and non-residential development by type,
minimum densities where applicable for compliance with the Dublin
General Plan or applicable specific plans; and maximum numbers of
residential units by type and or maximum non-residential square footage for
each use.
5. Development Regulations. Development regulations for lot areas, lot
square footage per dwelling unit, lot width and frontage, lot depth, setbacks,
distances between residences, maximum lot coverage, common useable
outdoor space, floor area ratios, height limits, parking, driveways, loading
areas, signage, grading standards, and trash enclosures, accompanied by any
necessary diagrams.
6.
Architectural Standards. Area-wide and project-wide architectural
standards, concepts, and themes.
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7. Preliminary Landscaping Plan. A Preliminary Landscaping Plan
implementing the Master Neighborhood Landscaping Plan.
8. Other information. Other information as required by the Department of
Community Development as necessary for the substantive and
environmental review of the proposed project.
Sec. 8-31.5 Permitted Uses. No use other than an existing use is permitted in a
Planned Development Zoning District except in accordance with a Development
Plan adopted pursuant to this Chapter.
Sec. 8-31.6 General.
A. Minimum Area. The minimum area for a Planned Development Zoning District
shall be 4 acres, however, a district may be less than 4 acres in size upon a fmding
by the Director of Community Development that there is a unique character to the
site, to the proposed land use, or to the proposed improvements for which the
Planned Development Zoning District is better suited than conventional zoning.
B.
Densities, floor area ratios, and square footages. The densities in residential
areas, and floor area ratios and square footages in nomesidential areas may not
exceed the densities, floor area ratios, or square footages permitted in the Dublin
General Plan and applicable Specific Plans for such uses.
C. Other Zoning Regulations. Except as specifically modified by a Planned
Development District Ordinance, all development in the Planned Development
District site shall be subject to the regulations of the closest comparable zoning
district as determined by the Director of Community Development, and of the
Zoning Ordinance.
D. Maintenance. Maintenance of all lands included within a Planned Development
not utilized for building sites, public roads and public uses shall be assured by
recorded land agreements, covenants, proprietary control or other stated devices
which attain this objective. The proposed method of assuring the maintenance of
such lands shall be included as part of the provisions of the Planned Development
District Ordinance.
Sec. 8-31.7 Action. The Planning Commission and the City Council shall review any
proposed Planned Development Zoning District Ordinance in accordance
with the provisions of Section 8-103.0, Amendments, and shall make the
following additional findings:
A. The Proposed Planned Development Zoning District meets the purpose and intent
of this Chapter.
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B. Development under the Planned District Development Plan would be harmonious
and compatible with existing and future development in the surrounding area.
Sec. 8-31.8 Amendments. The Director of Community Development by administrative
action and or the Planning Commission by means of a Conditional Use Permit may
approve rninor amendments to an adopted Development Plan upon a finding that the
amendment substantially complies with and does not rnaterially change the provisions or
intent of the adopted Planned Development Zoning District Ordinance for the site. All
other amendments to the adopted Plarmed Development Zoning District Ordinance shall be
pursuant to Section 8-103.0, Amendments.
Section 2.
Repeal. Ordinance 4-94 is hereby repealed.
Section 3. Projects currently being processed under Ordinance 4 -94 are not subject to
this Ordinance. These projects include Dublin Ranch areas A - E and the Villas at Santa
Rita. These projects will continue to be processed under the requirements of Ordinance 4 -
94.
Section 4.
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 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 the State of California.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
DUBLIN on this 3rd day of June, 1997, by the following votes:
Ayes:
Noes:
Absent:
Abstain:
Mayor
Attest:
Deputy City Clerk
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RESOLUTION NO. 97 -] 0
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN
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RECOMMENDING ADOPTION OF PA 97.013 ZONING ORDINANCE AMENDMENT RELATING
TO THE PD (PLANNED DEVELOPMENT) DISTRlCT
WHEREAS, the City Council has given the update of the Zoning Ordinance a high priority; and
WHEREAS, it is necessary to consider the Planned Developments section of the Zoning
Ordinance separately from the remainder of the Zoning Ordinance Update in order to provide the
benefits of the revised Planned Development procedure for large planned developments which are, or
soon will be, submitted for review; and
WHEREAS, a draft ordinance amending the Planned Developments section ofthe Zoning
Ordinance has been prepared; and
WHEREAS, the Planning Commission did hold a public hearing on said ordinance amending
the Planned Developments section of the Zoning Ordinance; and
WHEREAS, the proposed zoning ordinance amendment to revise the Planned Development
section of the Zoning Ordinance is a modification of an existing section of a zoning ordinance and would
not create new development potential beyond that of the existing Zoning Ordinance because, like the
ordinance section in would replace, it does not facilitate development, but merely provides a means for
planned development analysis and review for projects which would themselves be subject to subsequent
environmental review. Therefore the Planned Development Zoning Ordinance Amendment is exempt
from the California Environmental Quality Act (CEQA) because it can be seen with certainty that there
is no possibility that the activity in question may have a significant effect on the environment; and
WHEREAS, a staff report was submitted recommending that the Planning Commission
recommend City Council approval of the draft Ordinance; and .
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations
and testimony hereinabove set forth.
NOW, THEREFORE BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby recommend the City Council adoption ofPA 97-013 Zoning Ordinance Amendment relating to
the Planned Development District.
PASSED, APPROVED AND ADOPTED this 13th day of May, 1997.
AYES:
NOES:
ABSENT:
Commissioners Jennings, Johnson, Oravetz, Hughes, and Fasulkey
Planning Commission Chairperson
A ITEST'
Community Development Director
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