Loading...
HomeMy WebLinkAbout6.5 RepealDublinZnOrd . .... . . CITY CLERK File # DP7l~[QJ-[2J[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 20,1997 PUBLIC HEARING: PA 97-013, Ordinance repealing Articles of the Dublin Zoning Ordinance regarding Planned Development District regulations and adopting Article 2 and Article 4 of Chapter 2 of Title 8 of the Dublin Zoning Ordinance which modify the City of Dublin Planned Development District Regulations. ~ (Report prepared by: Dennis Carrington, Senior Planner/Zoning Administrator) SUBJECT: Draft revised Planned Development section of the Zoning Ordinance. Attachment 1) 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. EXHIBITS ATTACHED: Exhibit A) :.. 1J'f'/ RECOMMENDATION: 1) 2) 3) 4) 5) FINANCIAL STATEMENT: DESCRIPTION: - 6) Open Public hearing Receive staff presentation and public testimony Close public hearing Deliberate Waive reading and introduce revised Planned Development section of the Zoning Ordinance (Exhibit A). Continue public hearing to June 3, 1997 . No financial impact anticipated. Proposed amendment to the Planned Development section of the Zoning Ordinance to replace the Preliminary Plan and Land Use and Development Plan of the existing Ordinance with a Stage 1 and Stage 2 Development Plan. The Stage 1 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. ~:~------------------------------------------------------------------------------------------------------------------------------------------------ .. COPIES TO: P A File ITEM NO. 6.; BACKGROUND: As part of the update of the Zoning Ordinance the Planning Commission has reviewed proposed changes to t. Planned Developments section of the current Zoning Ordinance. Staffhas prepared a final draft of this 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 1) 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. 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 1 and Stage 2 Development Plans which may be adopted at the same time as a Zoning Ordinance amendment or adopted by means of separate Zoning Ordinance amendments. .:. The Stage 1 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 AIn.endment(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 portions of the property within the Planned Development Zoning District, however, ministerial and ~;:;;~:nary permits would be issued only for those portions for which a Stage 2 Development Plan has been. 2 Other changes to the Planned Development section of the Zoning Ordinance would include: .., 1. 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. INCORPORA TIONIN UPDATED ZONING ORDINANCE The revised Planned Development section of the Zoning Ordinance is proposed to be incorporated into the updated Zoning Ordinance when it is adopted and will be re-named the "Planned Development Zoning District" . ENVIRONMENT ALREVIEW 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 introduce revised Planned Development section of the Zoning Ordihance (Exhibit A). Continue the public hearing to June 3; 1997 g:pa970 13/c2izosr 1 - . 3 ORDINANCE NO. - 97 . AN ORDINANCE OF THE CITY OF DUBLIN REPEALING ARTICLE 2 AND ARTICLE 4 OF CHAPTER 2 OF TITLE 8 OF THE DUBLIN ZONING ORDINANCE REGARDING PLANNED DEVELOPMENT DISTRICT REGULATIONS AND ADOPTING ARTICLE 2 AND ARTICLE 4 OF CHAPTER 2 OF TILE 8 OF THE DUBLIN ZONING ORDINANCE WHICH MODIFIES THE CITY OF DUBLIN 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 areas 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 will promote amenities beyond those expected in conventional developments. . 1 EXHIBIT It B. 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. Sec. 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 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, improvement, 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 1 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. 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, arid accessory uses, Stage 2 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, 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 permits may be issued only for those portions of a Planned Development District for which a Stage 2 Development Plan has been adopted. 2 . . e. . 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: A. Stage 1 Development Plan. The Stage 1 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 within 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. e. 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. 'S. 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 with all elements of the General Plan and any applicable specific plans. . 3 7. IncIusionary Zoning Regulations. A written statement addressing compliance with 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. .: 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: -- 5. 1. Statement of compatibility with Stage 1 Development Plan. A written statement demonstrating compatibility of the Stage 2 Development Plan with the Stage 1 Development 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. 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. . 4 . .:.-. D. -- ..... E. . 6. Architectural Details. Area-wide and project-wide architectural concepts and themes. 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 nonresidential 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. 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. This Ordinance shall not apply to areas A through E of the Dublin Ranch Planned Development. Sec. 8-31.7 Action. The Planning Commission and the City Council shall review any proposed Planned Development Zoning District Ordinance in accordance 5 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 ofthis Chapter. 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 minor amendments to an adopted Development Plan upon a finding that the amendment substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning District Ordinance for the site. All other amendments to the adopted Planned Development Zoning District Ordinance shall be pursuant to Section 8-103.0, Amendments. Section 2. Repeal. Ordinance 4-94 is hereby repealed. Section 3. 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 day of , 1997, by the following votes: Ayes: Noes: Absent: Abstain: - Mayor Attest: City Clerk e.: 6 e-; .: -::... e: RESOLUTION NO. 97 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ------------------------------------------------------------------------------------------------------------- RECOMMENDING ADOPTION OF PA 97-013 ZONING ORDINANCE AMENDMENT RELATING TO THE PD (PLANNED DEVELOPMENT) DISTRICT 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 of the 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 Planning Commission Chairperson AITEST" G:pa970 13/reso Community Development Director ATTACHMENT -1