HomeMy WebLinkAbout01-14-1997 PC AgendaPLANNING COMMISSION
Regular Meeting - Dublin Civic Center Tuesday - 7:30 p.m.
100 Civic Plaza, Council Chambers January 14, 1997
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CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG
ADDITIONS OR REVISIONS TO THE AGENDA
MINUTES OF PREVIOUS MEETINGS - December 10, 1996
ORAL COMMUNICATION - At this time, members of the audience are permitted to address the
Planning Commission on any item(s) of interest to the public; however, no ACTION or
DISCUSSION shall take place on any item which is NOT on the Planning Commission Agenda.
The Commission may respond briefly to statements made or questions posed, or may request Staff
to report back at a future meeting concerning the matter. Furthermore, a member of the Planning
Commission may direct Staff to place a matter of business on a future agenda. Any person may
arrange with the Community Development Director (no later than 11:00 a.m., on the Tuesday
preceding a regular meeting) to have an item of concern placed on the agenda for the next regular
meeting.
6.1 Oath of Officers
6.2 Election of Officers
WRITTEN COMMUNICATIONS
PUBLIC HEARINGS
None
NEW OR UNFINISHED BUSINESS
9.1 Update on the Zoning Ordinance Revision
9.2 Upcoming Planning Schedule
OTHER BUSINESS (Commission/Staff Informational Only Reports)
ADJOURNMENT
(OVER FOR PROCEDURE SUMMARY)
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT for January 14,1997
PROJECT: PA 95-027,Zoning Ordinance Revision
DESCRIPTION: Revision of Zoning Ordinance sections relating to Non-
Conforming Structures and Uses,Planned Development
Zoning District,and Enforcement.
RECOMMENDATION: Staff recommends that the Planning Commission discuss
the proposed changes to the Non-Conforming Structures
and Uses,Planned Development Zoning District,and
Enforcement sections of the Zoning Ordinance and give
Staff direction on those sections. Further,Staff
recommends that the Planning Commission take a"Straw
Vote"giving the consensus of the Planning Commission on
these sections of the Ordinance.
PREPARED BY: ennis Carrington,Senior Planner/Zoning Administrator
ANALYSIS:
On August 6,1996,the Planning Commission directed Staff to revise ten sections
of the Zoning Ordinance(see Attachment A). At that meeting,the Planning Commission
established the Zoning Ordinance Steering Committee. That committee has met with
Staff and has reviewed and commented on the first eight items. The Planning
Commission has received reports from the Zoning Ordinance Steering Committee and
Staff on the first eight items and has approved them(with modifications)in concept by
consensus. This staff report addresses the final two items,Non-Conforming Structures
and Uses and Planned Development Zoning District and a third item,Enforcement,that
members of the Planning Commission and Zoning Ordinance Steering Committee
requested be added. It is Staff's recommendation that the Planning Commission discuss
the proposed changes to the Non-Conforming Structures and Uses,Planned Development
Zoning District,and Enforcement sections of the Zoning Ordinance and give Staff
direction on those sections. Further,Staff recommends that the Planning Commission
take a"Straw Vote"giving the consensus of the Planning Commission on these sections
of the Ordinance.
The Zoning Ordinance Steering Committee was not able to meet to review these
sections of the Zoning Ordinance prior to this meeting due to scheduling difficulties.
COPIES TO: Maureen Nokes
PA 95-027 File
ITEM NO. ' J
This meeting will end the process of drafting the Zoning Ordinance sections that
were of greatest concern to the Planning Commission. The "nuts and bolts"remainder of
the Ordinance has been updated by Staff and will be sent, together with all previously
reviewed sections, to the Planning Commission when the preliminary draft is finalized.
A joint City Council Planning Commission meeting is tentatively scheduled for March
11, 1997. At that meeting Staff will review the progress to date in revising the
Ordinance, and outline those proposed changes to the Ordinance which could possibly be
controversial, given past history in the community. It is Staff's goal to receive guidance
from the City Council and Planning Commission on the direction to take in revising the
Ordinance. Staff will use that guidance to prepare a final draft of the Ordinance and bring
it before the Planning Commission and City Council for consideration in public hearings.
NON-CONFORMING STRUCTURES AND USES
A Legal Non-Conforming Structure is a structure that was legally constructed
prior to the effective date of this Ordinance but which does not conform to the current
provisions of the zoning district in which it is located. An example would be an
industrial facility which was allowed in the past when the land was unzoned or zoned
Industrial and later became non-conforming because the City rezoned the land it was on
to a residential zoning district.
A Legal Non-Conforming use is a use of a structure or land that was legally
established prior to the effective date of this Ordinance but which does not conform to the
current provisions of the zoning district in which it is located. An example would be a
Dental Office or Real Estate Brokerage which was allowed in a residential area in the past
but later becomes non-conforming because the City changed the Ordinance to prohibit
such uses as home occupations. Quite often non-conforming structures and uses will be
combined. At present, Dublin does not have many legal non-conforming uses. Estimates
are that there may only be 5-10 such uses.
The Non-Conforming Structures and Uses section of the Zoning Ordinance
establishes regulations under which non-conforming structures and uses may be
maintained, restored, replaced, repaired, altered, changed, expanded, or amortized
(removed). The intent of these regulations is to prevent the expansion of non-conforming
structures or uses and to amortize them over time. Changes that could be of interest to
the Planning Commission are:
1. The maximum threshold of damage or repairs that can be made to a non-
conforming structure is proposed to be changed from 75%to 50%. In other
words, if a structure catches fire and is damaged up to 51%of its value, it could
not be repaired under the revised Ordinance but could under the old Ordinance
which allowed a higher threshold. The purpose of the change is to encourage the
removal of non-conforming structures and their replacement with conforming
structures of greater benefit to the City.
2. Destroyed legal non-conforming residences could be reconstructed up to
the original size,placement, and density. This was not addressed under the old
Ordinance. `'
2 0 Z
3. Seismic repairs could be made to reinforce unreinforced masonry or
otherwise seismically unsafe structures may occur without replacement cost
limitations if it is done exclusively to comply with earthquake safety standards.
This was not addressed under the old Ordinance.
4. Amortization. The old Ordinance did not address the amortization or
removal of non-conforming structures or uses. It is proposed that the City
Council hold a public hearing and determine if the structure or use should be
amortized and over what period.
5. Exemption. It is proposed that all commercial uses that are not illegal uses
that are established in commercial zoning districts at the time this Ordinance
becomes effective be determined to be legal non-conforming land uses. This
would ensure that existing legal uses would not become non-conforming due to
some oversight by the revised Ordinance.
PLANNED DEVELOPMENT ZONING DISTRICT
The revised Planned Development Zoning District section more clearly
establishes a procedure that allows development standards to be tailored to a project with
the maximum flexibility while maintaining consistency with adopted specific plans and
the Dublin General Plan. Changes that could be of interest to the Planning Commission
are:
1. Phasing. The revised Ordinance would allow for a two step development
approach. A very general development plan(Phase 1 Development Plan)would
address permitted uses,maximum densities,location of public uses,and
roadways;and a more detailed development plan(Phase 2 Development Plan)
would establish detailed standards at a later date.
2. Minimum area. A change is proposed to restrict the use of the Planned
Development Zoning District to a four acre minimum parcel in order to encourage
use of the concept for significant projects of benefit to the City. Provision would
be made for use for smaller parcels if findings could be made.
3. Amendments. Changes to the Development Plans of Planned
Developments currently require a Conditional Use Permit or another rezone.
Proposed changes would allow the Director of Community Development to make
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. Significant changes would still require a Zoning
Ordinance Amendment.
3 •
ENFORCEMENT
The enforcement of the provisions of the Zoning Ordinance is of great concern to
the Planning Commission and the Zoning Ordinance Steering Committee. Enforcement
was addressed under the Old Ordinance primarily to require conformity of permits with
the Ordinance, assign responsibility for enforcement , state that a violation is a
misdemeanor, determine penalties, and state that the remedies are cumulative. Other
policies of the City Council relating to enforcement have been adopted by resolution but
were never part of the Ordinance. The revised Ordinance addresses enforcement in
greater detail. Changes that could be of interest to the Planning Commission are:
1. The City Council may establish policies, rules and regulations relating to
enforcement (see Attachment B). The major change is to state that the rules and
regulations are incorporated in the Ordinance by reference and that any violation of them
is a violation of the Ordinance.
2. Abatement. It is proposed that the Director of Community Development
be able to commence actions to abate or remove a structure or use of land which does not
conform to the Ordinance.
3. Criminal remedies are more clearly spelled out. A first conviction is
punishable by a fine of not more than $100.00. A second conviction within one year is
punishable by a fine of not more than $200.00. A third or any subsequent violation
within a one-year period is punishable by a fine of not more than$500.00. Any violation
beyond the third conviction within a one-year period may be charged as a misdemeanor.
ZONING ORDINANCE STEERING COMMITTEE
Staff wishes to thank the members of the Zoning Ordinance Steering Committee
for providing recommendations to Staff on draft revisions to sections of the Zoning
Ordinance. They have spent many hours reviewing draft revisions to the Ordinance and
in evening meetings providing valuable input on the drafts.
GENERAL INFORMATION:
APPLICANT(S): City of Dublin
LOCATION: Citywide
ENVIRONMENTAL REVIEW: This project is exempt from the California
Environmental Quality Act (CEQA) because there
is no possibility that revising the Zoning Ordinance
will have a significant impact on the environment
(Section 15061(a)(3)). All discretionary permits
which are based on the Zoning Ordinance will
receive environmental review pursuant to CEQA.
4 � a�
ATTACHMENTS:
Attachment 1: List of substantive issues of Zoning Ordinance needing revision.
Attachment 2: Resolution 104-95 of the City Council establishing a policy for
enforcement of zoning,building,housing,and property
maintenance violations.
Attachment 3: Draft Non-Conforming Structures and Uses Regulations of the
Zoning Ordinance.
Attachment 4: Draft Planned Developments Section of the Zoning Ordinance.
Attachment 5: Draft Enforcement Section of the Zoning Ordinance.
g:pa95027/pcncpnen
5 PAGE1 OF. ,
1. PERMITTED AND CONDITIONAL USES. Revise permitted and conditional
uses in Residential, Commercial, and Manufacturing zones to reflect new land use types,
and current planning practice.
2. PARKING. Revise Parking regulations to meet current industry and planning
standards and to address the parking of commercial vehicles. The current parking
standards require more parking than is necessary.
3. ACCESSORY STRUCTURES AND ACCESSORY USES. Revise Accessory
Structures and Accessory Uses to more clearly state where different types of accessory
structures can be located, and to reflect accessory structure types that were not in existence
or commonly used at the time this Ordinance was written, such as satellite dishes, hot tubs,
and spas.
4. SETBACKS. Reexamine setback requirements for all zones. An example would
be to allow staggered front yard setbacks to provide streetscape variety, or to require larger
sideyard setbacks in residential areas.
5. LANDSCAPING. The current Ordinance does not address landscaping for
industrial or commercial lots, require continued landscape maintenance, or the
preservation of mature trees.
6. HEIGHT. Revise height requirements for residential zones. The Ordinance now
restricts the height of single family dwellings to a maximum of 25 feet. Most new homes
average 32 feet in height.
7. HOME OCCUPATIONS. The current home occupation regulations do not
adequately address issues such as firearms sales, number of parked commercial vehicles,
employees, use of homes for mail order businesses where multiple deliveries occur per
day, and new types of appliances or machines that should not be worked on in a single
family home.
8. FENCE, WALLS AND HEDGES. Revise Fence, Walls and Hedges regulations
to make the Ordinance language more clear. Flexibility could be allowed for lattice
screens on top of walls.
9. NON-CONFORMITY. Revise Non-Conforming Uses and Structures regulations
to include the amortization of structures.
10. PLANNED DEVELOPMENT. Revise Planned Development regulations to
allow shell planned developments and to clarify the section.
11. ENFORCEMENT. Revise the Enforcement regulations to more clearly state the
enforcement policies of the City.
TN3MME63AI3A
RESOLUTION NO.104-95
A RESOLUTION OF THE CITY COUNCIL
OF I kth CITY OF DUBLIN
ESTABLISHING A POLICY FOR ENFORCEMENT OF
ZONING,BUILDING,HOUSING,AND PROPERTY MAINTENANCE VIOLATIONS
AND RESCINDING RESOLUTION NO.63-88
WHEREAS, the City Council of the City of Dublin did by Resolution No.63-88 adopt a Resolution
establishing a policy for enforcement of Zoning,Building,Housing and Property Maintenance violations and
rescinding Resolution No.75-84;and
WHEREAS,the Resolution identified both Administrative Procedures and Enforcement Policies;and
WHEREAS, the City Council has recently adopted an ordinance amending the Zoning Ordinance
regarding Outdoor Sales and Activities;and
WHEREAS,the City Council is desirous of establishing an enforcement policy regarding Outdoor Sales
and activities which is consistent with the established policy for enforcement of Zoning,Building,Housing and
Property Maintenance violations;and
WHEREAS,the actual procedures for enforcing a particular law are already covered in City Ordinances
.:and applicable sections of the State Law;and
WHEREAS,it is necessary to rescind Resolution No.63-88 and adopt a new Resolution which includes
the Outdoor Sales and Activities.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt
the"Enforcement Policy for Zoning,Building,Housing,Construction Work Without Permit and Property
Maintenance Ordinance Violations",attached hereto and identified as Exhibit"A".
BE IT FURTHER RESOLVED,that the Resolution No.63-88 is hereby rescinded.
PASSED,APPROVED AND ADOPTED this 22nd dayQf AutYust,1995_
AYES: Councilmembers Barnes,Burton,Howard Moffatt and Mayor Houston
NOES: None
ABSENT: None
ABSTAIN: None
Mayor
itv lerk ATTACHMENT oz.
'18-23-95:iesornt:.doc
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CITY OF DUBLIN
MEMORANDUM
TO: Libby Silver, Assistant City Attorney
FROM: Larry Tong, Planning Director
SUBJECT: Zoning Complaint and Enforcement Procedures
DATE: June 14, 1988
Several zoning complaints and enforcement procedure questions have been
recently asked that need legal opinions. To assist in your review of these
questions, enclosed with this Memorandum are copies of:
A. Resolution No. 63-88 regarding zoning enforcement policy, which was
adopted in April, 1988, and which basically left administrative
procedures up to Staff.
B. Ordinance No. 7-87 regarding infractions, which was adopted in January,
1987.
C. Resolution No. 75-84 regarding zoning enforcement procedures, which was
adopted in July 1984.
D. Warning Notice form.
With these policy statements in mind, please provide answers to the following
legal questions:
1. If a Planning Commissioner or City Councilmember sees a transient-type
zoning violation occur on a weekend, then notifies Staff about the
situation during the following week, would that be enough information for
the City Zoning Investigator to issue a Warning Notice or a Citation? For
example, if a rock concert occurred in a shopping center parking lot
without a Conditional Use Permit, or if an outdoor sale occurred in a
shopping center parking lot, and a Planning Commissioner saw the event,
could the Zoning Investigator issue a Warning Notice or a Citation after
the fact? See Resolution No. 75-84, page 4 of Exhibit A, for discussion
of transient-type zoning violations.
2. In the above situation, what should the Planning Commissioner or City
Councilmember do if they see a transient-type zoning violation occurring
on the weekend?
3. Among City Staff, Planning Commissioners, and City Councilmembers, who
can and cannot file a zoning complaint? For example, can a Staff
Secretary file a zoning complaint, even if she works directly with the
Zoning Investigator? Can a Planner, or the Planning Director/Zoning
Administrator file a zoning complaint, even if they administer the zoning
code? Can a member of the Police Department or Fire Department file a
zoning complaint? Can a Planning Commissioner or City Councilmember file
a zoning complaint, even though if the Staff's interpretation of the
zoning regulations is appealed (Ordinance Sections 8-92.0 and 8-102.0),
the Planning Commission and the City Council would act on the appeal?
4. If a person asks the Staff about a zoning regulation, is told what can
and cannot be done, then goes ahead and commits the zoning violation, can
the Zoning Investigator issue a Citation without a Warning Notice and
without a complaint being filed? For example, a person asks the Planning
Staff if they can hold an outdoor sale in their parking lot and Staff
tells them they cannot. If the person goes ahead with the outdoor sale,
can the Zoning Investigator issue a Citation without a Warning Notice and
without a complaint being filed?
If you need any additional information on this matter, please contact me.
LLT/df
cc: Mike Nave, City Attorney
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NA ALUE E.WEST BURLINGAME.CA 9+010-4211
- ABET H.SILVER 835 EAST 14TH STREET 01513+6.7130
AEL S.RIBACN SAN LEANDRO.CALIFORNIA 94577 FAS 0 1 51 2 4 2-088S
LESLIE OSTER (415)577-3333
A1ICHAEL F.RODRIOUEZ FAX(415)577-3365 L•ARIN OFFICE
R E C E I Y E D. 120NOV CA_+95bANT AVE ATO. SUITE E
OF COUNSEL
THOMAS F.BERTRAND (:1 E1 E92-8675
RANCIS J STILLMAN JUL + `Tom^
REP LV TO:
D.UB4[LI y- San Leandro
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MEMORANDUM
To: Larry Tong, Planning Director Date: July 6, 1988
From: Elizabeth H. Silver
Assistant City Attorney
• Re: Zoning Complaint and Enforcement Procedures
(Your Memorandum of June 14, 1988)
.-� I have reviewed your memorandum of June 14, 1988, and the
enclosures included with the memorandum. Following are my answers
to the specific questions posed in your memorandum:
1. The Zoning_ Investigator cannot issue a citation based on
information provided by a Planning Commissioner or City
• Councilmember of a transient-type zoning violation which the
• Zoning Investigator did not himself or herself personally
observe. Although violations of the Zoning Ordinance are in
general infractions, the fact that an infraction may be
initiated by issuance.of a citation does not change the
applicable law. In particular, Penal Code section 19(d)
provides that all provisions of law relating to misdemeanors
shall apply to infractions. Included among these provisions
of law is Penal Code section 836.5(a) which authorizes a
public officer or employee to arrest a person without a
warrant whenever the public officer or employee "has
reasonable cause to believe that the person to be arrested
has committed a misdemeanor in his Presence. Consequently,
the Zoning Investigator must personally observe the violation
of the Zoning Ordinance in order issue a citation or warning
notice:
• 2. If a Planning Commission member or a City Councilmember
observes a transient-type zoning violation occurring during
t e weekend, he or she should contact the Zoning
Inve. igator. If the Zoning Investigator then personally
Larry Tong
Re: Zoning Complaint and Enforcement Procedures
(Your Memorandum of June 14, 1988)
July 6, 1988
Page 2
•
observes the violation, he or she can issue a citation.
Alternatively, the Planning Commission member or
Councilmember could contact the Police Department and an
officer could issue a citation (assuming he knew which
provision of the zoning ordinance was violated).
3. Resolution No. 63-88 adopted a policy for enforcement of
zoning, building, housing and property maintenance
violations. The enforcement policy adopted by Resolution No.
63-88 provides that "any person" may make a complaint of
violation of any of the various codes. Consequently, there
is no reason that a member of the City staff, a Planning
Commissioner or a City Councilmember cannot file a zoning
complaint in their individual, as opposed to official
capacities. This is true even if an appeal from the staff's
action on such a complaint may eventually come before the
Planning Commission or the City Council. In that situation,
the Planning Commissioner or Councilmember may wish to
disqualify himself or herself but there is no reason that he
or she cannot initiate a complaint. Likewise, a member of
the Police Department or Fire Department can also file a
zoning complaint. The same holds true for the Planning
Director/Zoning Administrator although it woul be prudent if
he were not to initiate zoning complaints inasmuch as he has
`speci` ic es under the Zoning Code with respect to
enforcement. Likewise, the Zoning Investigator should, as a
matter of prudence, not file a complaint with staff of a
ot pential zoning violation. Again, such complaints could be
filed by these persons as individuals and not in their
official capacities.
4. If an individual has asked the staff whether a particular
activity would violate the zoning ordinance and is told that
it would but proceeds with the activity, the Zoning
Investigator can issue a citation without a warning notice
and without mo ain being filed. The Zoning Investigator
•must o course personally observe the violation of the zoning
ordinance see iscusslon in Paragraph 1 above) .
pp�g. A7?�L1
Larry Tong
Re: Zoning Complaint and Enforcement Procedures
(Your Memorandum of June 14 , 1988)
July 6, 1988
Page 3
Please contact me if you wish clarification regarding these
issues.
MEYERS, NAVE, RIBACK & WEST
Elizabeth H. Silver
EHS:dsp
CC: Mike Nave
EXHIBIT"A"
ENFORCEMENT POLICY FOR ZONING,BUILDING,HOUSING,
•
CONSTRUCTION OF WORK WITHOUT PERMIT,AND
PROPERTY MAINTENANCE VIOLATIONS
This procedure is to be followed in investigating complaints regarding possible violations of building regulations,
construction work without permit,zoning ordinances,housing codes,and violations of the Property Maintenance Ordinance.
GENERAL POLICY-INVESTIGATION ON COMPLAINT BASIS
These ordinances generally will be enforced on a complaint basis except that
1. Building work actually observed to be under construction without permits will be investigated without a complaint
2. Violations observed on property where the inspector has a legitimate reason to be on property,such as a routine
follow-up inspection on a Variance or Conditional Use Permit,or when inspecting construction under a permit,
violations observed on the property will be investigated without a complaint.
3. Conditions brought to the attention of the City in any manner which involves public health and safety.
COMPLAINT INFORMATION
Any person making a complaint shall give their name,address,and telephone number. This is necessary so that the
complainant can be contacted and advised of the status of the investigation. It may also be necessary to contact the
complainant to secure additional information regarding the problem.
section 6254,of the Government Code,provides that records of investigations of complaints are not public records.
Therefore,investigations of complaints will be kept confidential.and information will not be disclosed except as required by a
court order.
EXCEPTIONS TO COMPLAINT INFORMATION
In establishing this policy,the City Council recognizes that a person whose property is being investigated may point out
several similar violations in the immediate area. It may be inequitable to require abatement of a violation when the same
violation may exist in the immediate vicinity and are not investigated because a complaint is not received.
4. Therefore,whenever the situation discussed above occurs,any violation in the immediate vicinity which is similar in
nature and readily visible or which is pointed out to the investigator will be processed as though a complaint had
been registered.
S. In addition,violations of the Zoning Ordinance relating to outdoor sales and activities by non-Dublin businesses
will be processed as though a complaint had been registered.A non-Dublin business refers to one that is not an on-
site,established Dublin business with all necessary business licenses and permits.
ANONYMOUS COMPLAINTS
All anonymous complaints will be investigated. However,no action will be taken on anonymous complaints where the City
Manager,Planning Director or Building Official determines the matter does not warrant further action. These cases would be
closed following the investigation and a determination by the City Manager,Planning Director or Building Official.
-.s agendi.=Igsvm „
NON-CONFORMING STRUCTURES AND USES
Section 8.04.010
CHAPTER 8.04.010 TITLE,PURPOSE AND AUTHORITY
8.04.010.010 Purpose. The purpose of this Chapter is to establish regulations relating
to non-conforming structures and uses and to establish conditions under
which non-conforming structures and uses may be maintained,restored,
replaced,repaired,altered,changed,expanded,or amortized.
8.04.010.020 Intent. The intent of this Chapter is to prevent the expansion of non-
conforming structures and uses and to amortize them over time.
8.04.010.030 Legal Non-Conforming Structure. A Legal Non-Conforming Structure
is a structure that was legally constructed prior to the effective date of this
Ordinance but which does not conform to the current provisions of the
zoning district in which it is located.
8.04.010.040 Non-Conforming Structure Regulations. All non-conforming structures
shall conform to the following regulations:
A. Conformity to this Ordinance,all City Codes,and other regulations and
laws. All work performed on a non-conforming structure shall be pursuant to a
building permit,meet all the requirements of this Ordinance and all City Codes,
and conform to any other health or safety regulations or laws imposed by local,
County,State,regional,or Federal agencies in effect at the time of the work and
shall not expand any non-conformity.
B. Maintenance. Ordinary maintenance and minor repair of non-conforming
structures is permitted if the aggregate cost of the work done in any period of 12
consecutive months does not exceed 25%of the replacement value of the structure
as determined by the building official and provided further that the size of the
structure or number of dwelling units is not increased.
C. Restoration. A legal non-conforming structure which is damaged to an extent of
50%or less of its replacement cost as determined by the Building Official
immediately prior to such damage may be restored only if made to conform to all
provisions of this Ordinance. A legal non-conforming structure which is damaged
to an extent of more than 50%of its replacement cost shall not be restored.
D. Replacement of destroyed legal non-conforming residence. Any residential
structure(s),including multi-family structures,in a residential zoning district
destroyed by a catastrophe,including fire,may be reconstructed up to the original
size,placement,and density. The Director of Community Development may
require changes to the plans for the residence if necessary to protect the public
health,safety and welfare. Reconstruction shall commence within two years after
the catastrophe and shall be diligently prosecuted.
City of Dublin Zoning Ordinance 1 97
/LI A A1TRéHAIENT 3
4 m,*
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414 * •
NON-CONFORMING STRUCTURES AND USES
Section 8.04.010
E. Repairs and alterations to legal non-conforming residence. Repairs and
alterations may be made to legal non-conforming residences without replacement
cost limitations,including multi-family structures,if located in a residential
zoning district and if the requirements of"A"above are met.
F. Repairs,interior modifications,and alterations to legal non-conforming
commercial,institutional,or industrial structures. Repairs,interior
modifications,and alterations to legal non-conforming commercial,institutional,
or industrial structures may be made provided that no structural alterations shall
be made which would prolong the life of the supporting members of a structure,
such as bearing walls,columns,beams,or girders. Structural elements may be
modified or repaired only if the Building Official determines that such
modification or repair is immediately necessary to protect the public health,safety
and welfare or occupants of the non-conforming structure,or adjacent property
and the cost of all repairs or alterations does not exceed 50%of the replacement
cost of the legal non-conforming structure immediately before such repairs or
alterations as determined by the Building Official.
G. Seismic repairs. Reconstruction required to reinforce unreinforced masonry or
otherwise seismically unsafe structures shall be permitted without replacement
cost limitations,provided the retrofitting is limited exclusively to comply with
earthquake safety standards.
H. Loss of legal non-conforming structure status. If the use(legal or legal non-
conforming)of a legal non-conforming structure is discontinued for a period of
six or more consecutive calendar months,the structure shall lose its legal non-
conforming structure status,and shall be removed or altered to conform to the
provisions of this Ordinance. Such removal or alteration to conform to the
provisions of this Ordinance shall occur within 12 months of the date that loss on
non-conforming structure status is determined. Failure to remove or alter the
structure beyond that period,without written approval of the Director of
Community Development due to unusual circumstances,would constitute a
violation of this Ordinance and be subject to Section 8.04.xxx.xxx(Enforcement).
A use of a legal non-conforming structure shall be considered abandoned or
discontinued whenever any of the following apply:
1. A non-conforming use is replaced by a conforming use.
2. Removal of components of the use. The actual removal of characteristic
furnishings,equipment,structures,machinery,or other components of the
use occurs during the six month period.
3. No business receipts or records are available for the six month period.
City of Dublin Zoning Ordinance 2 January 8, 1997
PAGE OF 21
NON-CONFORMING STRUCTURES AND USES
Section 8.04.010
4. Utility bills indicate that no use has occurred during the six month
period.
I. Building Permits or Certificates of Occupancy prohibited. When any non-
conforming structure or use is no longer permitted pursuant to the provisions of
this Ordinance,no building permit shall thereafter be issued for further
continuance,alteration,or expansion. Any building permit issued in error shall
not be construed as allowing the continuation of the non-conforming structure or
use.
8.04.010.050 Legal Non-Conforming Use. A Legal Non-Conforming use is a use of a
structure or land that was legally established prior to the effective date of
this Ordinance but which does not conform to the current provisions of the
zoning district in which it is located.
8.04.010.060 Non-Conforming Use Regulations. All non-conforming uses shall
conform to the following regulations:
A. Change of ownership or tenancy. The change of ownership,tenancy,or
management of a non-conforming use shall not affect its legal non-conforming
status,provided that the use and intensity of use does not change.
B. Residential uses in a non-residential zoning district. A non-conforming
residential use in a non-conforming residential structure in a non-residential
zoning district may continue to be used as a residence subject to the requirements
of the R-1 zoning district until such time as the building is amortized,condemned,
removed,or converted.
C. Expansion or modification of a non-residential use in a residential zoning
district. No expansion or modification of a non-residential use in a residential
zoning district shall be permitted.
D. Loss of legal non-conforming use status. If the legal non-conforming use of a
structure(legal or legal non-conforming)is discontinued for a period of six or
more consecutive calendar months,the use shall lose its legal non-conforming use
status,and all rights to reestablish or continue the non-conforming use shall
terminate regardless of any reservation of an intent not to abandon or of an intent
to resume active operations. Abandonment or discontinuance of use shall be
deemed to have occurred whenever any of the following apply:
1. A non-conforming use is replaced by a conforming use.
City of Dublin Zoning Ordinance 3 January 8, 1997
�� --1
NON-CONFORMING STRUCTURES AND USES
Section 8.04.010
2. Removal of components of the use. The actual removal of characteristic
furnishings,equipment,structures,machinery,or other components of the
use occurs during the six month period.
3. No business receipts or records are available for the six month period.
4. Utility bills indicate that no use has occurred during the six month
period.
E. Replacement of a non-conforming use with another non-conforming use is
prohibited.
F. Expansion or intensification of a non-conforming use is prohibited.
8.04.010.070 Amortization. When non-conformity of a structure or use is determined
by the Director of Community Development,a public hearing shall be
held by the City Council pursuant to Section 8.04.xxx.xxx(Hearings and
Appeals). At that hearing the City Council shall hear a report by the
Director of Community Development on the issue and shall determine if
the structure or use should be amortized and over what period. The legal
non-conforming structure or use shall be discontinued within the
amortization period determined by the City Council.
8.04.010.080 Illegal Structures and Uses. Nothing contained in this Ordinance shall
be construed or implied so as to allow for the continuation of illegal non-
conforming structures and uses. Structures and Uses which are not legally
constructed or established shall be removed and/or discontinued
immediately,pursuant to Section 8.04.xxx.xxx(Enforcement)and State
Law.
8.04.010.090 Appeals. Appeals of decisions regarding non-conforming uses shall be
according to the requirements of Section 8.04.xxx.xxx(Hearings and
Appeals).
8.04.010.100 Exemption. All commercial uses that are not illegal uses that are
established in commercial zoning districts at the time this Ordinance
becomes effective are hereby determined to be legal non-conforming land
uses.
City of Dublin Zoning Ordinance 4 January 8, 1997
PLANNED DEVELOPMENT ZONING DISTRICT
Section 8.04.010
CHAPTER 8.04.010 PLANNED DEVELOPMENT ZONING DISTRICT
8.04.000.010 Purpose. The purpose of this Chapter is to establish a Planned
Development Zoning District through which one or more properties are
planned as a unit with development standards tailored to the site. This
district provides maximum flexibility and diversification in the development
of property while maintaining consistency with adopted Specific Plans and
the Dublin General Plan. Integrated planning though this district will
protect the integrity and character of both residential and non-residential
areas of the City,will encourage efficient use of land for preservation of
sensitive environmental areas such as open space areas and topographic
features,will provide for effective development of public facilities and
services for the site,will encourage use of design features to achieve
development that is compatible with the area,and will allow for creative
and imaginative design that will promote amenities beyond those expected
in conventional developments.
8.04.000.020 Intent. The intent of this Chapter is to create a more desirable use of the
land and a better physical environment than would otherwise be possible
under a single zoning district or combination of zoning districts.
8.04.000.030 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 8.04.xxx.xxx
(Zoning Ordinance Amendment). 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 for the property.
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 phases,as follows:
A. Phase 1 Development Plan. A Phase 1 Development Plan shall be adopted with
the reclassification of the property to the Planned Development Zoning District and
shall set forth the permitted uses,maximum development densities,location of
public uses,and basic circulation features,sufficient to determine consistency with
applicable Specific Plans and the Dublin General Plan,and as further described in
the Application section below.
B. Phase 2 Development Plan. A Phase 2 Development Plan may be adopted with
the Phase 1 Development Plan at the time of the zoning ordinance amendment,or
may be adopted at a subsequent time as a Zoning Ordinance Amendment pursuant
to Section 8.04.xxx.xxx. A Phase 2 Development Plan shall set forth detailed
development standards to be included in any subsequent Tentative Map and/or Site
City of Dublin Zoning Ordinance 1 January 9, 1997
ATTACHMENT
PLANNED DEVELOPMENT ZONING DISTRICT
Section 8.04.010
Development Review applications submitted for the property. Where phased
development of the Planned Development Zoning District is proposed,Phase 2
Development Plans may be requested for portions of the property within the
Planned Development District,however,development permits may be issued only
for those portions for which a Phase 2 Development Plan has been adopted.
8.04.000.040 Application. The Planned Development Zoning District may be requested
pursuant to Section 8.04.xxx.xxx(Zoning Ordinance Amendment),and
Section 8.04.xxx.xxx(Applications,Fees,and Deposits),in the form
specified by the City of Dublin. The application shall be sufficient to
demonstrate compliance with applicable Specific Plans and the Dublin
General Plan and shall(subject to modification by the Director of
Community Development)include the following:
A. Boundaries Map. A map showing the proposed district boundaries and the
relationship of the district to uses and structures within a 300-foot radius of the
district boundaries;
B. Map or Aerial Photo. A map or aerial photo of the proposed district and 100 feet
beyond its 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;
C. Phasing Plan. A phasing plan showing the timing and sequence for development
within the Planned Development Zoning District,including existing and proposed
uses,gross and net area and density,and major features of the circulation system
including any existing and proposed freeways,arterials,and collector streets;
D. Phase 1 Development Plan. The Phase 1 Development Plan shall include the
following information and materials for the entire Planned Development Zoning
District site:
1. Statement of proposed uses. A Statement of Proposed Uses,permitted
and conditional;gross and net area of site;maximum densities for
residential and nonresidential development;
2. Site Plan. A Site Plan showing maximum densities for residential and
nonresidential development;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. Design Standards. Area wide design standards including architectural,site
layout,landscape,sign and theme standards;if appalicable
City of Dublin Zoning Ordinance 2 January 9, 1997
PLANNED DEVELOPMENT ZONING DISTRICT
Section 8.04.010
E. Phase 2 Development Plan. The Phase 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. Site Plan. A site plan showing existing and proposed uses;existing and
proposed structures with gross floor area;gross and net acreage of
development site;lot coverage;parking,driveways and loading areas;trash
enclosures;building setbacks and/or building envelopes;lotting patterns;
and phasing lines per the Phase 1 Development Plan;
2. Architectural Details. Architectural details including floor plans,sections,
exterior elevations,building heights,colors,and materials;
3. Preliminary Landscaping Plan. A Preliminary Landscaping Plan as
described in Section 8.04.xxx.xxx(Landscaping and Fencing Regulations);
4. Preliminary Grading Plan. A Preliminary Grading Plan showing
contours,finished floor elevations,and limits of grading;
5. Development Guidelines. Written Development Guidelines accompanied
by any necessary diagrams for the physical development of the property,
including illustrations of proposed architectural,urban design,and
landscape concepts;and
6. Other information. Other information as required by the Application
Submittal Requirements form prepared by the Department of Community
Development.
8.04.000.050 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.
8.04.000.060 Development Regulations.
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 finding
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. Density. The total number of dwelling units in residential areas,and the floor area
ratio or square footage in nonresidential areas may not exceed the densities,floor
area ratios,or square footages permitted in applicable Specific Plans and the Dublin
General Plan for such uses.
City of Dublin Zoning Ordinance 3 January 9, 1997
PLANNED DEVELOPMENT ZONING DISTRICT
Section 8.04.010
C. Other Development Regulations. All adopted zoning,subdivision and other
development regulations not otherwise addressed in the Planned Development
Zoning District Ordinance apply to the Planned Development District site.
8.04.000.070 Action. The Planning Commission and the City Council shall review any
proposed Planned Development Zoning District in accordance with the
provisions of Section 8.04.xxx.xxx(Zoning Ordinance Amendment)and
shall make the following additional findings:
A. The Proposed Planned Development Zoning District meets the purpose and intent
of this Chapter.
B. Development under the Planned District Development Plan would be harmonious
and compatible with existing and future development in the surrounding area.
8.04.000.080 Amendments. The Director of Community Development 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 District Ordinance shall be pursuant to Section 8.04.xxx.xxx
(Zoning Ordinance Amendment).
City of Dublin Zoning Ordinance 4 January 9, 1997
>21
ENFORCEMENT
Section 8.xx.xx
CHAPTER 8.XX.XX.00 ENFORCEMENT
8.xx.xx.010 Purpose. The purpose of this Chapter is to establish procedures for
Enforcement of the provisions of Title 8 of the Dublin Municipal Code.
Intent. The intent of this Chapter is to ensure compliance with the
provisions of Title 8 of the Dublin Municipal Code and any conditions of
approval of a permit;to promote the City's planning and building efforts;
and to protect the public health,safety,and welfare of the City.
8.xx.xx.020 Enforcement It shall be the duty of the City Manager and his/her designee
to enforce the provisions of Title 8 of the Dublin Municipal Code.
8.xx.xx.030 Compliance.
A. Actions contrary to Title 8 are unlawful and a public nuisance. Any building or
structure set up,erected,constructed,altered,enlarged,converted,moved or
maintained contrary to Title 8;or any use or occupancy of any land,building or
premises established,conducted,operated or maintained contrary to Title 8 is
unlawful and is hereby declared to be a public nuisance and may be summarily
abated as such.
B. Compliance with provisions of Title 8. Every department and employee of the
City of Dublin authorized to issue permits or licenses affecting the use or
occupancy of land or of a building or structure within the City shall comply with
the provisions of Title 8.
C. No issuance of permit or license until action taken and time for appeal expired.
Where any action of referral or on an appeal is required by Title 8,no permit or
license involved shall be issued unless and until such action has been taken and the
time within which any further appeal could have been taken has expired.
D. Permit or license contrary to provisions of Title 8 is null and void. Any permit
or license hereafter issued for a building,structure,use or occupancy contrary to the
provisions of Title 8 shall be null and void and of no effect.
8.xx.xx.040 Duty of the City Council. It is the duty of the Dublin City Council to
assure the proper administration of Title 8,and the City Council shall have
the power to establish from time to time such policies,rules and regulations
not in conflict with Title 8 as are necessary for that purpose. Said policies,
rules and regulations shall be adopted by the City Council by resolution and
are hereby incorporated into this Chapter by reference. Any violation of
said policies,rules and regulations is a violation of this Chapter.
City of Dublin Zoning Ordinance 1 December 18, 1996
A ATIACRWNT
5
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i Villii; ,.'i;t1 i I ii
ENFORCEMENT
Section 8.xx.xx
8.xx.xx.050 Duty of the Department of Community Development.
A. Designation of officers or employees authorized to enforce Title 8. The Director
of Community Development may designate officers or employees to enforce the
provisions of Title 8. The Officers or employees so designated shall have the
authority to issue citations and commence abatement proceedings against persons
who violate any of the provisions of Title 8.
B. Duty. It is the duty of the officers or employees of the Department of Community
Development so designated to enforce the requirements of this Section as directed
by the City Council.
8.xx.xx.060 Violations.
A. Infraction/Misdemeanor. Any person,firm,or corporation violating or causing,
or permitting to be violated any of the provisions of Title 8 shall be deemed guilty
of an infraction unless such violation is described as a misdemeanor by specific
provisions of Title 8.
B. Separate offense. Each person,firm,or corporation shall be guilty of a separate
offense for each day and every day during any portion of which any violation of
any provision or Title 8 is committed,continued or permitted by such person and
shall be punishable accordingly.
8.xx.xx.070 Remedies.
A. Civil Remedies. The Director of Community Development or his/her designee
shall commence action or proceedings for the abatement and removal and enjoin
thereof in the manner provided by law and shall take such other steps and shall
apply to the court or courts as may have jurisdiction to grant the relief which will
abate and remove the building or structure,and restrain and enjoin any person,firm,
or corporation from setting up,erecting,building,or maintaining or using the
building or structure or any property contrary to the provisions of Title 8.
B. Criminal Remedies. Any person,firm or corporation convicted of an infraction
under the provisions of Title 8 shall be punishable upon a first conviction of a fine
of not more than$100.00,and for a second conviction within a period of one year
by a fine of not more than$200.00,and for a third or any subsequent conviction
within a one-year period by a fine of not more than$500.00. Any violation beyond
the third conviction within a one-year period may be charged as a misdemeanor and
the penalty for conviction of the same shall be subject to fine or imprisonment or
both not to exceed the limits set forth in California Penal Code Section 19.
City of Dublin Zoning Ordinance 2 December?18, 1996
) 1
ENFORCEMENT
Section 8.xx.xx
C. Other applicable remedies. The City Manager may seek compliance with the
provisions of Title 8 by pursuing any available remedy, alone or in combination, to
correct the violation.
D. Cumulative. All remedies contained in Title 8 for the handling of violations or
enforcement of the provisions of Title 8 shall be cumulative and not exclusive of
any other applicable provisions of City, County or State Law.
8.xx.xx.080 Inspections. Every property owner or applicant seeking a permit or
license or any other action in compliance with Title 8 shall permit the City
access from time to time to any premises or property to render inspections
as deemed necessary. If the permit or other action in compliance with Title
8 is approved,the property owner or applicant shall permit the City access
to the premises in order to determine continued compliance with the
approved permit and/or any conditions of approval.
City of Dublin Zoning Ordinance 3 December 18, 1996