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HomeMy WebLinkAboutOrd 17-06 Dublin Village Historic Guidelines ORDINANCE NO. 17 - 06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * * * * * * * * * * * * APPROVING AN AMENDMENT TO SECTION 8.62 (HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIEW) OF THE ZONING ORDINANCE TO REMOVE REFERENCE TO THE "DUBLIN VILLAGE HISTORIC AREA DESIGN GUIDELINES", REPLACE WITH REFERENCE TO THE "DUBLIN VILLAGE HISTORIC AREA SPECIFIC PLAN," AND RESCINDING THE DUBLIN VILLAGE DESIGN GUIDELINES PA (02-074) WHEREAS, on January 21, 2005 the City Council simultaneously adopted the Dublin Village Design Guidelines, created an Overlay Zoning District, and adopted a new section of the Zoning Ordinance: Section 8.62 (Historic Overlay Zoning District Site Development Review), which was developed to guide the implementation of the Design Guidelines; and WHEREAS, on August 1, 2006, when the Dublin Village Historic Area Specific Plan was adopted by the City Council, the Design Guidelines were incorporated into the Specific Plan document as Section 7; and WHEREAS, the intent is to have all of the guidelines, regulations, and requirements pertaining to the Historic Area in one place. Now that the Design Guidelines have been incorporated into the Specific Plan, the Zoning Ordinance Chapter 8.62 (Historic Overlay Zoning District Site Development Review), which refers to the Design Guidelines as a separate and distinct document, needs to be revised; and WHEREAS, the exact text amendments are shown in Section 2 of this Ordinance, but can be summarized by stating that all references in Section 8.62 to the "Dublin Village Design Guidelines" have been replaced with "Dublin Village Historic Area Specific Plan"; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the amendments to the Dublin Municipal Code (Zoning Ordinance); and WHEREAS, the Planning Commission reviewed and considered this item at its meeting on August 22, 2006 and recommended approval of the Ordinance to the City Council via Planning Commission Resolution No. 06-035; and WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: Section 1. Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this ordinance is exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states 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 exempt from CEQA because the ordinance Ord No. 17-06, Adopted 9/19/06, Item 4.11 Page lof3 does not, in itself, allow the construction of any building or structure, but it sets forth the design guidelines that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed under existing entitlements. This ordinance, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. Section 2. Amendment of Chapter 8.62: Chapter 8.62 of the Dublin Municipal Code, entitled "Historic Overlay Zoning District Site Development Review," shall be amended as set forth below only in those sections so noted. Text to be removed is shown in strikethrough and text to be added is shown underlined. 8.62.010 8.62.030 8.62.080 8.62.110 8.62.120 Purpose. The purpose of this Chapter is to establish a procedure to ensure that all development in the Historic Overlay Zoning District is reviewed for substantial compliance with the Dublin Village Historic Area Design Guidelines Specific Plan. Applicability. The Historic Overlay Zoning District is a designation in addition to the standard Zoning District that each property in the Historic District retains (C-O, C-l, PD, R-M, etc.). The standard Zoning District contains all information regarding permitted and conditionally permitted uses, development standards, and regulations, while the Historic Overlay provides a mechanism to review development on any of the properties in the District for substantial compliance with the Dublin Village Historic Area Design Guideline Specific Plan. Required Findings. The following findings shall all be made in order to approve an application for Historic Overlay Zoning District Site Development Review: B. Any approval complies with the policies of the General Plan, with any applicable the Dublin Village Historic Area Specific Plans, with the development regulations or performance standards established for the standard Zoning District (C-O, C-l, PD, R-M, etc.) in which it is located, and with all other requirements of the Zoning Ordinance. E. The project is in substantial compliance with the applicable chapters of the Dublin Village Historic Area Design Guidelines Specific Plan. Waiver to an approved Historic Overlay Zoning District Site Development Review. The Community Development Director or his/her designee may allow a minor change to an approved Historic Overlay Zoning District Site Development Review as a Waiver upon determining the following: D. The proposed change is consistent with the conditions of approval for the Historic Overlay Zoning District Site Development Review and is substantially consistent with the Dublin Village Historic Area Design Guidelines Specific Plan. Waiver for a project that does not have an approved Historic Overlay Zoning District Site Development Review. The Community Development Director or his/her designee may allow a minor change to an existing site or building in the Historic Overlay Zoning Ord No. 17-06, Adopted 9/19/06, Item 4.11 Page 2 of3 District that does not have an approved Historic Overlay Zoning District Site Development Review as a Waiver upon determining the following: C. The proposed change is substantially consistent with the Dublin Village Historic Area Design Guidelines Specific Plan. 8.62.130 Dublin Village Historic Area Design Cuidelines Soecific Plan. The Dublin Village Historic Area Design Guidelines Specific Plan, adopted by the City Council on January 18, ~ August L 2006 through Resolution No. ~ 149-06, and as may be amended thereafter, shall be used to guide the review of Historic Overlay Zoning District Site Development Review applications. Section 3. 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 4: Effective Date and Posting of Ordinance: This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk ofthe 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 AND ADOPTED BY the City Council of the City of Dublin, on this 19th day of September 2006, by the following votes: AYES: Councilmembers Hildenbrand, Oravetz and Zika, and Mayor Lockhart NOES: None ABSENT: Councilmember McCormick ABSTAIN: None ATTE~T: ~. /, \ \ :; It .:::~ oj HJ..:- \'/~ r-fJ..-,_ City Clerk Q~J~ ,lrz V~ . I! M {/ ayor Ord No. 17-06, Adopted 9/19/06, Item 4.11 Page 3 of3