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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 ------------------------------------------------------------------------------------------------------------- COPY TO: Page 1 of2 ITEMNO.~ G:\P A#\2003\03-063 Scarlett Court Specific Plan\CC 2nd Reading\CCSR Second Reading.doc 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). ~~~ ~ ~~~ ORDINANCE NO. XX - 07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN *~*~*~~~~*~~~:~**~~*~~~ 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: ~W~,~j Page 1 of 6 _~ ,'~:; _ _,, -~B ~~~~~,? ~iip;,~ , E•~l. ~~~~ 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. Page 2 of 6 ~ ~/~ 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. Page 3 of 6 "l ~ ~ 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. Page4of6 . , r` ~ ~,1 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: Page 5 of 6 '~~ ~~ ~ AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:~PA#\2003\03-063 Scarlett Court Specific Plan\CC May 1\CC Ord Amend ZO.DOC Page 6 of 6 Scarlett Court Overla Zonin District Ma y g p ~ ~ ~ ~. ~ ~ ~ ~ ~. ~