HomeMy WebLinkAbout4.06 Site Dev Review Regulations
CITY CLERK
File # D~[][Q]-~[0
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 26,2008
SUBJECT:
ATTACHMENTS:
ZOA 07-002 (Legislative) - Amendment to Chapter 8.104, Site
Development Review, of the Dublin Zoning Ordinance.
Report prepared by Erica Fraser, Senior Planner
1)
Ordinance approving amendments to Chapter 8.04, Title, Purpose
and Authority, Chapter 8.36, Development Regulations, Chapter
8.40, Accessory Structures and Uses Regulations and Chapter 8.104,
Site Development Review.
June 17,2008 City Council Agenda Statement (without
attachments).
2)
RECOMMENDATION: 1) Waive Reading and Adopt Ordinance (Attachment 1) approving
^-/ /' amendments to Chapter 8.04, Title, Purpose and Authority, Chapter
~ /l .M 8.36, Development Regulations, Chapter 8.40, Accessory Structures
1\lf4" and Uses Regulations and Chapter 8.104, Site Development Review.
FINANCIAL STATEMENT:
DESCRIPTION:
For most modifications, there will be an insignificant financial
impact to the City. Costs associated with processing these
improvements will be bourn by the Applicant as currently required
for Site Development Review (time and materials). However, Staff
is recommending that the processing costs associated with the
review of residential additions over 500 square feet and the
demolition and reconstruction of residential homes be a flat fee of
$500.00. Because this fee is based on an average of Staffs time to
process the improvement, there could be a slight subsidy necessary
from the General Fund for any additional time above and beyond the
anticipated four hours of Staff review time.
COPY TO:
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G:\Zoning Ord\SDR Update 2007\CC Second Reading.doc
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ITEM NO. !f. fo
II
The City Council, as a high priority goal for Fiscal Year 2007/2008, requested that Staff and the Planning
Commission review Chapter 8.104, Site Development Review (SDR), of the Dublin Zoning Ordinance and
determine if any changes should be made to increase the effectiveness of the Chapter. The review of the SDR
Chapter is separate from the comprehensive update of the Zoning Ordinance. For background information on
the proposed amendments to Chapter 8.104, please refer to the Agenda Statement included as Attachment 2.
On June 17, 2008, the City Council introduced an Ordinance approving amendments to Chapter 8.04,
Title, Purpose and Authority, Chapter 8.36, Development Regulations, Chapter 8.40, Accessory Structures
and Uses Regulations and Chapter 8.104, Site Development Review.
During the meeting, the City Council directed Staff to include a flat fee of $500.00, for residential
additions over 500 square feet and residential demolitions where more than 50% of the walls of a house
will be demolished, in the upcoming Development Fee Schedule Update. As proposed, residential
additions over 500 square feet and residential demolitions and reconstruction will require a Site
Development Review. This does not include Second Units which are subject to Chapter 8.80, Second Unit
Regulations.
The City Council also directed Staff to bring Chapter 8.104, Site Development Review, before the
Planning Commission in one year so the Planning Commission could discuss the changes that have been
made to the Chapter and the effectiveness of those changes.
CONCLUSION:
On June 17, 2008, the City Council introduced an Ordinance approving amendments to Chapter 8.04,
Title, Purpose and Authority, Chapter 8.36, Development Regulations, Chapter 8.40, Accessory Structures
and Uses Regulations and Chapter 8.104, Site Development Review.
RECOMMENDATION:
Staff recommends that the City Council: 1) waive Reading and Adopt Ordinance (Attachment 1) approving
amendments to Chapter 8.04, Title, Purpose and Authority, Chapter 8.36, Development Regulations,
Chapter 8.40, Accessory Structures and Uses Regulations and Chapter 8.104, Site Development Review.
eJ'1c2
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ORDINANCE NO. XX - 08
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**********************
AMENDING ZONING ORDINANCE CHAPTER 8.04, TITLE, PURPOSE, AND AUTHORITY,
CHAPTER 8.36, DEVELOPMENT REGULATIONS, CHAPTER 8.40, ACCESSORY
STRUCTURES AND USES REGULATIONS AND CHAPTER 8.104, SITE DEVELOPMENT
REVIEW
ZOA 07-002
WHEREAS, the City Council, as a high priority goal for Fiscal Year 2007/2008, requested Staff
and the Planning Commission review Chapter 8.104, Site Development Review, of the Zoning Ordinance
and determine if any changes should be made to increase the effectiveness of the Chapter; and
WHEREAS, this update is separate from the comprehensive update to the Zoning Ordinance
which is currently being reviewed by the City; and
WHEREAS, the exact text amendments are shown in Section 2 through Section 5 of this
Ordinance; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project
on June 10, 2008 and adopted Resolution 08- 10 recommending that the City Council approve
modifications to Title 8 (Zoning Ordinance )of the Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council on June 17,2008;
and
WHEREAS, a Staff Report was submitted recommending that the City Council approve the
Zoning Ordinance Amendments; and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council
finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan; 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, be it resolved that 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 15601(b) (3). Section 15601(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 does not, in
itself, allow the construction of any building or structure, but it sets forth the regulations that shall be
followed if and when a building or structure is proposed to be constructed or a site is proposed to be
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ATTACHMENT 1 (
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developed. This ordinance of itself, therefore, has no potential for resulting in significant physical change
in the environment, directly or ultimately.
SECTION 2.
Chapter 8.04, Title, Purpose, and Authority of the Dublin Municipal Code is hereby amended only in
those sections so noted below. Text to be removed is shown in strikethrough and text to be added is
shown as underlined.
Chapter 8.04 TITLE, PURPOSE AND AUTHORITY
8.04.070
Exemptions From Permit Requirements. The permit requirements of this Ordinance do
not apply to the following activities, uses of land and structures, which are allowed in all
zoning districts:
A. Deeks, paths and driveways. Decks, platforms, on site paths, and drivevlays that are not required
to ha','e building or grading permits by the Municipal Code, are not over 30 inches aboye the
walking surface, and not over any basement or story below.
BA. Film and theater productions. Structures and related development required for temporary
motion picture, television and theater stage sets and scenery, and still photographic sessions,
provided that the development does not require alterations ofthe natural environment, i.e.,
removal of vegetation, grading or earthwork.
(;B. Governmental activities. Activities ofthe City, State or an agency of the State, or Federal
Government on leased or federally owned land.
D. Irrigation. The installation of irrigation lines.
Eo Remodeling:
1. Interior ehanges. Interior alterations that do not result in an increase in the number of
rooms or the gross floor area within the structure, or a change in the permitted use of the
structure.
2. Single Family and two family dwellings. The remodeling of single family and two
family dwellings, provided that the 'proposed remodeling is in compliance with all
applicable regulations of this Ordinance.
F. Repairs and maintenance. Ordinary repairs and maintenance, if the work does not result in any
change in the approved land use of the site or structure, or the addition to, enlargement or
expansion ofthe structure, and if any exterior repairs employ the same materials and design as
originally used.
C. Retaining walls. Retaining 'Nalls (retaining earth only) that are not o','er four feet in height
measured from the bottom of the footing to the top of the '..<,all and are not required to have a
grading permit.
He. School facilities. Certain school facilities as provided by Government Code Sections 53091 et.
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ID. Solar collectors. The addition of solar collection systems to the roofs of existing structures.
JE. Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency
of underground or overhead utilities (i.e., water, gas, electric, telecommunication, supply or
disposal systems, including poles, towers, wires, mains, drains, sewers, pipes, conduits, cables,
fire-alarm boxes, police call boxes, traffic signals, etc.), but not including structures, shall be
permitted in any zoning district, provided that the route of any electrical transmission line(s)
having the potential of 50,000 volts or more shall be subject to City Council review and approval
prior to acquisition of rights-of-way.
SECTION 3.
Chapter 8.36. Chapter 8.36, Development Regulations, of the Dublin Municipal Code is hereby amended
only in those sections so noted below. Text to be removed is shown in strikethrough and text to be added
is shown as underlined.
CHAPTER 8.36
DEVELOPMENT REGULATIONS
8.36.020
Agricultural and Residential Development Regulations. It is required that every
building shall be built upon a site which conforms to the General Plan, applicable Specific
Plans, and the following development regulations:
A. Development Regulations are minimums unless stated as maximums. All areas are given in
net square feet.
STANDARD A R-1 R-2 R-M
LOT AREA
Interior lot 100 acres 4,000 8,000 5,000
sq. ft. sq. ft. sq. ft.
Comer lot 100 acres 5,000 9,000 6,000
sq. ft. sq. ft. sq. ft.
LOTSQUARE NA 4,000 sq. ft. and 4,000 sq. ft. and 750 sq. ft. and larger
FOOT AGE larger as consistent larger as consistent as consistent with
PER DU with General Plan with General Plan. General Plan
LOT WIDTH
& FRONTAGE
Interior lot 300 feet 50 feet 80 feet 50 feet
Corner lot 300 feet 60 feet 90 feet 60 feet
LOT DEPTH NA 100 feet 100 feet 100 feet
RESIDENTIAL 1 duo 1 du 2 du's 1 du per full 750 sq.
USE 1 Second Unit 1 Second Unit ft. (and larger as
(maximum per consistent with
lot) General Plan)
SETBACKS
Front 50 feet 20 ft. avg. 20 ft. avg. 18 ft. 20 ft.
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18 ft minimum to . .
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garage (1)
Side 30 feet (2) 10 feet 10 feet (3)
Street Side 50 feet 10 feet 10 feet 10 feet
Rear 50 feet 20 feet 20 feet 30 feet
(1) Living spaces may encroach to 15 ft. from Front Lot Line with Site Development Review on lots
up to 6,000 square feet in size.
(2) Side Yard setbacks in the R -1 zoning district shall be a minimum of 5 feet plus one foot for each
full 10 feet by which lot width exceeds minimum lot width up to a maximum of 10 feet.
(3) Buildings with 4 or more residences in the R-M zoning district shall have a 15 foot Side Yard on
one side.
STANDARD A R-1 R-2 R-M
DISTANCE BETWEEN 100 feet 10 feet 20 feet 20 feet
RESIDENCES
MAXIMUM LOT NA 40% 1 story, 40% 1 story, 40% 1 story,
COVERAGE 35% 2 stories 35% 2 stories 35% 2 stories
COMMON USEABLE NA NA NA 30 % of net site
OUTDOOR SPACE area
HEIGHT LIMITS (1) (1) (1) (2)
(1) West of Dougherty Road 25 feet and 2 stories; may be increased to 35 feet and 2 stories pursuant
to a Site Development Review approval by the Planning Commission Zoning Administrator. East
of Dougherty Road; 35 feet and 2 stories.
(2) 35 feet if 4 or fewer du.; 45 feet if 5 or more du.; 75 feet if 5 or more duo and lot coverage does not
exceed 35%.
8.36.050.A Front setback exceptions:
1. Future Right-Of-Way lines. Future Right-Of-Way lines may hereby be established by the
City of Dublin to determine special building setbacks from certain street or highway rights-
of-way, including future road rights-of-way. In any case where a Future Right-Of-Way
Line is established, the Front Setback shall be measured from the Future Right-Of-Way
Line instead ofthe existing right-of-way line required by this Title, provided that the
exceptions for sloping lots in subsection A2 below shall also apply.
2. Sloping lots of 40,000 square feet or less. Where an existing sloping lot contains 40,000
square feet or less in net area and setback requirements are not specified on a recorded
subdivision map, the required Front Setback may be determined as set forth in this
subsection instead of as otherwise required by Chapter 8.36, Development Regulations.
This section is not intended to allow the placement of any structure within any easement
without explicit permission from all parties to the easement. This section is not intended to
allow the creation of new lots that do not satisfy all applicable standards of this Zoning
Ordinance.
a. Reduced setback for buildings. Where the average slope of an existing lot is one
vertical foot for every four horizontal feet (1:4) or more in the first 60 feet of the lot
measured perpendicularly between the edge of the pavement or traveled way and
the proposed building, the Front Setback may be reduced by no more than 50
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percent of the amount required for other lots in the same zoning district. Any
structure placed at the reduced setback shall satisfy the requirements of subsection
A.2.c. below.
b. Reduced setback for parking. Where the average slope of the front 30 feet of the
lot is one vertical foot for every five horizontal feet (1 :5) or more as measured
between the edge of pavement and the proposed building, a private garage, carport,
uncovered paved parking pad or deck with at least 2 parking spaces may be built to
the property line at the street Right-Of- Way, provided that it is located at least 8
feet from the nearest Side Lot Line of the front half of an adjacent lot, and also
satisfies the requirements of subsection A.2.c. below.
c. Restrictions on structures at reduced setbacks. Any building or structure
approved for construction at the reduced Front Setbacks provided by this section
shall satisfy the following:
1. Approved by Department of Public Works. Any proposed construction
requiring a building permit shall first have been approved by the
Department of Public Works.
2. Encroachment Permit. No structure or improvement shall be allowed
within any City road right-of-way without first obtaining an encroachment
permit from the Department of Public Works.
3. Living Area. No living area shall be permitted above any garage or other
structure located within the Front Setback area, except as provided in this
section, unless specifically approved by the Zoning Administrator or the
Planning Commission in response to a Conditional Use Permit Site
Development Review application and at a legally noticed public hearing.
8.36.110
Height Limits and Exceptions
C Exceptions to height limits. The height limits for buildings and structures established by this
Chapter are subject to the following exceptions:
1. Public and quasi-public buildings and structures. In a zoning district with a height
limit ofless than 75 feet, public and quasi-public buildings, communications equipment
buildings, schools, churches, hospitals, and other institutions permitted in the zoning
district, may be erected to a maximum height of 75 feet, provided that all required setbacks
shall be increased by one foot for each foot of height that the building exceeds the normal
height limit established by the zone.
2. Residential exception - Sloping lots. The maximum height allowed for a dwelling may
be increased when the average natural slope of a proposed building envelope is 15 percent
or more, as follows:
Building Site Slope
Max. Allowed Height
Increase
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15 percent 5 feet
22.5 percent 1 0 feet
30 percent or more 15 feet
The maximum allowed height for a dwelling on a site with slope between 15 and 22.5
percent may be increased over the five feet specified above by the same proportion that the
actual site slope exceeds 15 percent. The maximum allowed height for a dwelling on a site
with slope between 22.5 and 30 percent may be increased over the 1 0 feet specified above
by the same proportion that the actual site slope exceeds 22.5 percent.
3. Exceptions for specific types of structures:
a. Architectural features, mechanical equipment. Chimneys, vents, and other
architectural or mechanical appurtenances on buildings may be a maximum of 15
percent higher than the height limit of the applicable zone.
b. Freestanding structures. Towers, poles, water tanks, and similar structures may
be constructed higher than the height limit of the applicable zone if the additional
height is authorized through a Conditional Use Permit Site Development Review
approval by the Zoning Administrator.
c. Utility and communications facilities. Individual radio and television receiving
antennas, satellite dishes, transmission and distribution poles and towers for public
utilities are not subject to the height limits of this Chapter. See Chapter 8.92,
Wireless Communication Facilities Regulations, regarding land use approvals for
those facilities.
SECTION 4.
Chapter 8.40. Chapter 8.40, Accessory Structures and Uses Regulations, of the Dublin Municipal Code is
hereby amended only in those sections so noted below. Text to be removed is shown in strikethrough and
text to be added is shown as underlined.
CHAPTER 8.40
ACCESSORY STRUCTURES AND USES REGULATIONS
8.40.020
Accessory Structures
D. Requirements for Specific Accessory Structures that Apply City-wide.
1. Antennae. Antennae are subject to the provisions of Chapter 8.92, Wireless
Communications Facility Regulations.
2. Flag poles. Maximum height of 35 feet with a minimum 5 foot setback from any property
line. Additional height may be authorized through Conditional Use Permit Site
Development Review approval by the Zoning Administrator.
F. Permitted Residential Accessory Structures.
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SECTION 5.
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1. General Requirements.
a. Exceptions to Accessory Structure Requirements. An exception to the
requirements of this section may be approved by the Zoning Administrator by
means of a Conditional Use Permit Site Development Review.
Chapter 8.104. Chapter 8.104, Site Development Review, of the Dublin Municipal Code is hereby
amended to read as follows:
CHAPTER 8.104
8.104.010
F.
G.
H.
8.104.020
SITE DEVELOPMENT REVIEW
Purpose. The purpose of this Chapter is to establish a procedure for approving,
conditionally approving, or denying Site Development Review permits and to ensure the
following:
A.
To preserve the architectural character and scale of neighborhoods and the community.
B.
To ensure that development is well designed in relation to surrounding properties,
including that the design, character, height, fayade length, roof forms, colors, materials,
roof mounted equipment and architectural details of a proposed structure or remodeled
structure are compatible with the design, character, height, fayade length, roof form, colors,
materials and architectural details of structures in the vicinity.
c.
To ensure that projects enhance their sites and are harmonious with high standards of
improvements in the surrounding area.
D.
To enhance the residential and business property values within the City.
E.
To ensure compliance with development regulations and the requirements of zoning
districts, including but not limited to, setbacks, height, parking, landscaping, public art,
fences, accessory structures and signage.
To ensure that each project is designed to comply with the intent and purpose of the zoning
district in which it is located and with the General Plan and applicable Specific Plan.
To promote the health, safety and general welfare.
To ensure that projects provide adequate circulation for automobiles as well as pedestrians
and bicyclists to create a pedestrian friendly environment.
Exemptions From Site Development Review. The permit requirements of this Ordinance
do not apply to the following:
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8.104.030
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A.
Decks, Paths and Driveways. Decks, platforms, on-site paths, and driveways in the R-1or
R-2 Zoning Districts or any Planned Development Zoning Districts which allow similar
uses, are not over 30 inches above the walking surface, and are not over any basement or
story below.
B.
Fences. Fences in the R-1 or R-2 Zoning Districts or any Planned Development Zoning
Districts which allow similar uses.
c.
Irrigation. The installation of irrigation lines.
D.
Landscaping. The replacement of landscape species with the same species in the R-M,
Commercial or Industrial Zoning Districts, or Planned Development Zoning Districts that
allow multi-family or non-residential uses. All landscape modifications in the R-1 and R-2
Zoning Districts, excluding Heritage Trees, are exempt from review. Landscape
modifications in Planned Developments with single family uses shall not require review,
except where review is required pursuant to Section 8.1 04.030.A.1.
E.
Interior Alterations. Interior alterations that do not result in an increase in the gross floor
area within the structure, a change in the permitted use of the structure or the modification
of the existing configurations and uses of each room.
F.
Repairs and Maintenance. Ordinary repairs and maintenance, if the work does not result
in any change in the approved land use of the site or structure, or the addition to,
enlargement or expansion of the structure, and if any exterior repairs employ the same
materials and design as originally used.
G.
Retaining Walls. Retaining walls (retaining earth only) that do not exceed four feet in
height measured from the bottom of the footing to the top of the wall and are not required
to obtain a grading permit.
Waiver. The Community Development Director or hislher designee may approve a Site
Development Review Waiver to allow a minor physical change to a site or structure, with
or without an approved Site Development Review, or minor modifications to approved Site
Development Reviews, where the improvement is Categorically Exempt from the
California Environmental Quality Act, as specified below.
It is not the intent of this Chapter that a series of Site Development Review Waivers be
used to circumvent the need for a new Site Development Review.
The Community Development Director shall determine if a Site Development Review
Waiver is appropriate for the review of the proposed improvement and may transfer
hearing jurisdiction of the project at any time.
A. Site Development Review Waiver. The following projects are subject to a Site
Development Review Waiver:
1. Single Family Residential Landscape Modification. In a Planned Development
with residential uses, the removal of a tree which is part of the streetscape of a
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8.104.040
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development or is required by the conditions of approval which is proposed to be
replaced or is proposed to be replaced with a different species.
2. Multi-Family, Commercial and Industrial Improvements. The following
improvements in the R-M, Commercial or Industrial Zoning Districts, or Planned
Development Zoning Districts with multi-family, commercial or industrial uses.
a. Minor Accessory Structures. Accessory structures which are less than or
equal to 120 square feet in size.
b. Color Modifications. Repainting of an existing building with a color(s)
which is different from the existing or approved color(s).
c. Fences and Walls. The replacement, reconstruction or construction of
fences and walls.
d. Parking Lot Restriping. The restriping of a parking lot.
e. Roof. A modification to the roof of a structure, including new roofing
materials, modifications to the parapet or the roof screen or a new parapet or
roof screen. Changes to the style or roof type (i.e. gable to a mansard, are
considered to be a fa<;ade modification and require a Site Development
Review).
f. Minor Landscape Modifications. Minor landscape modifications in the R-
M, Industrial and Commercial Zoning Districts and Planned Developments
with multi-family, industrial or commercial uses.
g. Minor Site Layout Modification. A minor modification of the layout of
the site including new paving areas, sidewalks or other similar
improvements as determined by the Community Development Director.
h. Window Modifications. Window modifications which include new and
replacement windows, frosting, tinting or the addition of other materials
which may obscure a window as determined by the Community
Development Director.
3. Minor Modifications to Approved Site Development Review. Minor
modifications to an approved Site Development Review (other than what is listed
here), where the modification is in substantial conformance with the approved Site
Development Review, is consistent with the conditions of approval for the Site
Development Review, and is exempt from the California Environmental Quality
Act.
4. Other Improvements. All other improvements determined by the Community
Development Director to be minor in nature and requiring review.
Projects Subject to Site Development Review. The following projects are subject to Site
Development Review. When a project which typically requires a Site Development Review
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Waiver is combined with a project subject to a Site Development Review, the review and
project type shall be the highest level. In accordance with Chapter 8.96, Permit Procedures,
the Community Development Director and the Zoning Administrator may refer decision
making to the Planning Commission at any time.
A. Community Development Director. The following projects are subject to a Site
Development Review, and shall be reviewed by the Community Development Director or
his/her designee:
1. Major Accessory Structures. Accessory structures which are greater than 120
square feet in size.
2. Addition. An addition which is less than 1,000 gross square feet in size or less than
15 percent of the total floor area of the structure (whichever is greater) to an
existing structure in the R-M, Commercial, or Industrial Zoning Districts, or
Planned Development Zoning Districts with multi-family or non-residential uses.
3. Agricultural Accessory Structures. All agriculture accessory structures.
4. Custom House. A new house in any Residential Zoning District or Planned
Development Zoning District with single family residential uses.
5. Flag Poles. All flag poles in any zoning district, which are over 35 feet in height.
6. Major Landscape Modifications. Major landscape modifications in the R-M,
Industrial and Commercial Zoning Districts and Planned Developments with multi-
family, industrial or commercial uses.
7. Residential Additions. Residential additions which are over 500 square feet in size
in the R-1 or R-2 Zoning Districts or any Planned Development Zoning Districts
with residential uses.
8. Residential Demolition and Construction. A residential demolition and
construction which includes the demolition of 50 percent or more of the existing
exterior walls of the Principal Structure and the reconstruction, remodel or
construction of a new house in the R-1 or R-2 Zoning Districts or any Planned
Development Zoning Districts with residential uses.
9. Security Gates. Security gates and gate houses at project entrance(s) to a
residential or office development.
10. Sign age. Signs which require a Site Development Review pursuant to Chapter
8.84, Sign Regulations.
11. Major Site Layout Modification. A major modification of the layout of the site
including but not limited to a significant increase in paving areas, circulation, light
fixtures, parking or other similar improvements as determined by the Community
Development Director.
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12. Wireless Communications Facilities. Subject to the provisions of Chapter 8.92,
Wireless Communications Facilities.
13. Minor Fa~ade Modifications. Minor fayade modifications in the R-M,
Commercial or Industrial Zoning Districts, or Planned Development Zoning
Districts with multi-family or non-residential uses. Minor fayade modifications
include, but are not limited to, trellises, arbors, arcades, building materials,
architectural details, a combination of improvements which would typically require
a Site Development Review Waiver if constructed separately, or any other
improvements determined to be minor by the Community Development Director.
B. Zoning Administrator. The following projects are subject to a Site Development Review,
and shall be reviewed by the Zoning Administrator during a Public Hearing:
1. Exception to Accessory Structure Requirements. An exception to the
requirements of Chapter 8.40, Accessory Structures.
2. Front Yard Setback Encroachment for Living Area. As permitted by Chapter
8.36, Development Regulations, an encroachment for living area above the garage
or for any structure within the Front Yard Setback area.
3. Height Increase. An increase in the height of the Principal Structure, as permitted
by the regulations for the Agricultural, R-1 and R-2 Zoning Districts.
C. Planning Commission. The following projects are subject to a Site Development Review
and shall be reviewed by the Planning Commission during a Public Hearing:
1. Height Increase for Public and Semi Public Structures. A height increase for
public and semi public principal structures, as permitted by Chapter 8.36,
Development Regulations.
2. Height Increase for Towers and Water Tanks. A height increase for towers,
poles, water tanks and similar structures, as permitted by Chapter 8.36,
Development Regulations.
3. Multi-Family, Commercial and Industrial Improvements. The following
improvements in the R-M, Commercial or Industrial Zoning Districts, or Planned
Development Zoning Districts with multi-family or non-residential uses:
a. Additions. Additions which are 1,000 gross square feet or more, or greater
than 15 percent of the floor area of the structure.
b. Major Fa~ade Modifications. Major fayade modifications include projects
where the character or design of the building will significantly change as
determined by the Community Development Director.
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D.
E.
F.
8.104.050
8.104.060
8.104.070
8.104.080
8.104.090
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4. New Principal Structures. All new principal structures, including principal
structures in a Planned Development, and any structure which is to be demolished
and reconstructed.
Historic Overlay Zoning District. All improvements within the Historic Overlay Zoning
District shall be reviewed in accordance with and subject to Chapter 8.62, Historic Overlay
Zoning District.
Scarlett Court Overlay Zoning District. All improvements within the Scarlett Court
Overlay Zoning District shall be reviewed in accordance with and subject to Chapter 8.34,
Scarlett Court Overlay Zoning District.
All Other Improvements. All other improvements to structures or a site, which are not
otherwise mentioned in this Chapter, shall be subject to a Site Development Review
Waiver or Site Development Review, as determined by the Community Development
Director.
Application. The Applicant shall submit a complete application pursuant to Chapter
8.124, Applications, Fees and Deposits, accompanied by a fee and such materials as are
required by the Community Development Director.
Action. The decision maker for Site Development Reviews shall be the Community
Development Director (or hislher designee), the Zoning Administrator (or hislher designee)
or the Planning Commission as set forth in this Chapter. The decision maker may approve,
conditionally approve, or deny a Site Development Review based on the required findings
in Section 8.104.100.
Concurrent Consideration. When a Site Development Review is required for a project
which 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
during the same public hearing.
Notice Of Decision, Public Hearing. The following notice requirements shall apply to
decision makers for Site Development Review:
A.
Notice of Decision. The Community Development Director shall provide notice that a Site
Development Review decision is being considered, consistent with the Notice of Decision
provisions of Chapter 8.132, Notice and Hearings.
B.
Public Hearing. A public hearing is required for decisions by the Zoning Administrator or
Planning Commission, with notice provided consistent with the provisions of Chapter
8.132, Notice and Hearings.
c.
Notice for Concurrent Processing. Where a Site Development Review is being
considered concurrently with another permit requiring a public hearing, the notice and
public hearing requirements ofthe other permit shall apply.
Amendment. The process for amending a Site Development Review shall be the same as
the process for approving a Site Development Review except that the decision-maker that
Page 12 of 15
8.104.100
A.
B.
8.104.110
8.104.120
8.104.130
SECTION 6.
f :2,./ J'1
~ "": ex' J
ultimately approved the Site Development Review including approval on appeal. The
Community Development Director or his/her designee may grant a 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
8.104.030, Waiver.
Required Findings. All of the following findings shall all be made in order to approve a
Site Development Review and shall be supported by substantial evidence in the public
record:
The proposal is consistent with the purposes of this Chapter, with the General Plan and
with any applicable Specific Plans and design guidelines.
The proposal is consistent with the provisions of Title 8, Zoning Ordinance.
c.
The design ofthe project is appropriate to the City, the vicinity, surrounding properties and
the lot in which the project is proposed.
The subject site is physically suitable for the type and intensity of the approved
development.
D.
E.
Impacts to existing slopes and topographic features are addressed.
F.
Architectural considerations including the character, scale and quality of the design, site
layout, the architectural relationship with the site and other buildings, screening of
unsightly uses, lighting, building materials and colors and similar elements result in a
project that is harmonious with its surroundings and compatible with other development in
the vicinity.
G.
Landscape considerations, including the location, type, size, color, texture and coverage of
plant materials, and similar elements have been incorporated into the project to ensure
visual relief, adequate screening and an attractive environment for the public.
H.
The site has been adequately designed to ensure proper circulation for bicyclists,
pedestrians and automobiles.
Construction Permits. Building and Grading Permits shall not be issued except III
accordance with the terms and conditions ofthe Site Development Review approval.
Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall apply
except as otherwise provided in this Chapter.
Design Guidelines. Any design guidelines which are approved for a particular site or area
shall apply to all Site Development Review Waivers and Site Development Review
applications for that site or area.
Severability. In the event any section or portion of this ordinance shall be determined invalid or
Page 13 of 15
r;;J3
!
unconstitutional, such section or portion shall be deemed severable and all other sections or portions
hereof shall remain in full force and effect.
SECTION 7.
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 8.
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 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 26th day of June, 2008, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Page 14 of 15
FL_ h
.......--,............,~~ I ~ I~
L...--....I~__
AGENDA STATEMENT IS ~ o?3
CITY COUNCIL MEETING DATE: June 17,2008
ATTACHMENTS:
RECOMMENDATION: 1)
2)
/PltIf"~~
\ 5)
i~
FINANCIAL STATEMENT:
COPIES TO: In House Distribution
File
ZOA 07-002 (Legislative) - Amendment to Chapter 8.104, Site
Development Review, of the Dublin Zoning Ordinance.
Report prepared by Erica Fraser, Senior Planner
1)
Ordinance approving amendments to Chapter 8.04, Title, Purpose
and Authority, Chapter 8.36, Development Regulations, Chapter
8.40, Accessory Structures and Uses Regulations and Chapter 8.104,
Site Development Review.
October 9, 2007 Planning Commission Agenda Statement (without
attachments) ;
Minutes from the October 9, 2008 Planning Commission Study
Session;
May 27, 2008 Planning Commission Agenda Statement (without
attachments) ;
Minutes from the May 27, 2008 Planning Commission Study
Session;
June 10, 2008 Planning Commission Agenda Statement (without
attachments) ;
Draft Minutes from the June 10, 2008 Planning Commission
Meeting;
Chapter 8.104, Site Development Review (as proposed); and
Chapter 8.104 showing modifications to text in strikethrough (text to
be removed) and underline (text to be added).
2)
3)
4)
5)
6)
7)
8)
9)
6)
Receive the Staff presentation;
Open Public Hearing;
Take testimony from the Public;
Close Public Hearing and deliberate;
Waive reading and introduce an Ordinance approving amendments
to Chapter 8.04, Title, Purpose and Authority, Chapter 8.36,
Development Regulations, Chapter 8.40, Accessory Structures and
Uses Regulations and Chapter 8.104, Site Development Review; and
Direct Staff regarding the application fee for residential
improvements.
For most modifications, there will be an insignificant financial
impact to the City. Costs associated with processing these
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G:\Zoning Ord\SDR Update 2007\CC Agenda Statement 6-17-08.doc
ATTACHMENT 2
10 ~~3
improvements will be bourn by the Applicant as currently required
for Site Development Review (time and materials). However, Staff
is recommending that the processing costs associated with the
review of residential additions over 500 square feet and the
demolition and reconstruction of residential homes be a flat fee of
$500.00. Because this fee is based on an average of Staffs time to
process the improvement, there could be a slight subsidy necessary
from the General Fund for any additional time above and beyond the
anticipated four hours of Staff review time.
BACKGROUND:
The City Council, as a high priority goal for Fiscal Year 200712008, requested that Staff and the Planning
Commission review Chapter 8.104, Site Development Review (SDR), of the Dublin Zoning Ordinance and
determine if any changes should be made to increase the effectiveness of the Chapter. The review of the SDR
Chapter is separate from the comprehensive update ofthe Zoning Ordinance.
History
Prior to 1997, the Dublin Zoning Ordinance was similar to what was in effect when the City was a part of
Alameda County.
In 1997, the City adopted an updated and amended Zoning Ordinance. The current version of the Site
Development Review Chapter was adopted as a part of the 1997 comprehensive Zoning Ordinance
update. Minor changes have been made to the Site Development Review Chapter since 1997; these
changes were made to require review of projects in the Historic Overlay Zoning District and the Scarlett
Court Overlay Zoning District.
Since the adoption of the current Zoning Ordinance in 1997, the City has undergone some dramatic
changes. In the last ten years, much of the eastern portion of Dublin has been developed and a significant
number of remodels and new construction have also occurred in the western portion of Dublin due to the
age of the structures.
Planning Commission Review
October 9,2007 Planning Commission Study Session
The Planning Commission discussed the Site Development Review Chapter during a Study Session on
October 9, 2007. For background information on the SDR Chapter and recommended changes to the
Chapter, please refer to the Study Session Agenda Statement included as Attachment 2. During this
meeting, the Planning Commission discussed recommended changes to the SDR Chapter and additional
changes were requested by the Planning Commission as shown in Attachment 3 (minutes of the October
9,2008 meeting). A draft Ordinance was not presented at this meeting.
May 27,2008 Planning Commission Study Session
The Planning Commission reviewed a draft Chapter during a Study Session on May 27, 2008. For
background information on the changes made to the Chapter, please refer to the Study Session Agenda
Statement included as Attachment 4. The Planning Commission did not request any modifications to the
draft Chapter during this Study Session.
Page 2 of9
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June 10, 2008 Planning Commission Public Hearing
On June 10, 2008, the Planning Commission adopted a Resolution recommending that the City Council
adopt an Ordinance approving amendments to Chapter 8.04, Title, Purpose and Authority, Chapter 8.36,
Development Regulations, Chapter 8.40, Accessory Structures and Uses Regulations and Chapter 8.104,
Site Development Review.
ANALYSIS:
The proposed changes to the SDR Chapter are described in detail below. General changes include
correcting the text for clarity and relocating information within the Chapter which are not discussed in this
Agenda Statement.
Chapter 8.104, Site Development Review
A significant number of modifications are proposed to the existing Site Development Review Chapter that
will improve the clarity of the Chapter, ensure its effectiveness, ensure that the SDR Chapter is consistent
with current practices and to create a more user friendly Ordinance which will benefit the community.
Requirements for Site Development Review, which are currently located in other Chapters of the Zoning
Ordinance, have been moved to the Site Development Review Chapter, as well as direction provided from
the Planning Commission on regulations have also been included in the Site Development Review
Chapter.
Currently, projects that require Site Development Review are identified in several Chapters in the Zoning
Ordinance, but are not listed in the Site Development Review Chapter. Staff is proposing to relocate these
sections from the various Chapters to the Site Development Review Chapter to ensure that all
improvements which require a Site Development Review are easily identifiable in one location in the
Zoning Ordinance.
Purpose Statements (Section 8.104.010)
The purpose statements in the existing (adopted) Ordinance have been revised. The revisions were made
to ensure that projects meet a high level of design, ensure compliance with other structures in the vicinity,
and ensure a pedestrian friendly environment.
Projects Exempt from Site Development Review (Section 8.104.020)
This section has been moved from its previous location in Chapter 8.04, Title, Purpose and Authority.
Staff recommends that this section be relocated to the SDR Chapter to ensure that all projects that require
or are exempt from Site Development Review are located in one location for clarity.
Site Development Review Waiver (Section 8.104.030)
This section has been slightly modified to allow Staff to issue a Site Development Review Waiver for any
of the following improvements, regardless of whether or not a Site Development Review was approved by
the City for the site previously.
The following activities are proposed to be subject to Site Development Review Waiver:
· Minor Landscape Modifications;
· Minor modifications to an approved Site Development Review;
Page 3 of9
12 ~iC:<3
. Accessory Structures in the R-M, Commercial, Industrial and similar Planned Development
Zoning Districts;
. Color Modifications (changes to the color of a structure) in the R-M, Commercial, Industrial and
similar Planned Development Zoning Districts;
. Modifications, replacements or construction of fences and walls in the R-M, Commercial,
Industrial and similar Planned Development Zoning Districts;
. Parking lot restriping;
. Modifications to the roof materials, parapet or roof screen in the R - M, Commercial, Industrial and
similar Planned Development Zoning Districts;
. Modifications to the site layout including new paving areas, sidewalks or similar improvements in
the R-M, Commercial, Industrial and similar Planned Development Zoning Districts; and
. Window modifications in the R-M, Commercial, Industrial and similar Planned Development
Zoning Districts including tinting, frosting, window and door replacements, new windows or
doors.
While most of the above listed improvements currently require review, many of these types of
improvements are not clearly identified in the SDR Chapter. Site Development Review Waivers typically
only take one to three days (depending on the scope) to process. These projects tend to be non-
controversial and no conditions of approval are added to the project. If at any point during the review of a
proposed project Staff determines that additional review or conditions of approval are warranted for a
project, this Ordinance allows Staff to change the level of review required for a project. Chapter 8.04,
Title, Purpose and Authority also allows Staff to change the decision making body for a project (i.e. to
refer to the Planning Commission) at any time. This process was recently followed when Staff brought the
Oil Changers color modifications to the Planning Commission.
Three new types of activities are proposed to require review under the Site Development Review process.
These types of projects include:
. Minor landscape modifications in the R-M, Commercial and Industrial Zoning Districts;
. Color modifications in the R-M, Commercial and Industrial Zoning Districts; and
. Window modifications.
As proposed, minor landscape modifications in the R-M, Commercial and Industrial Zoning Districts will
require review by Staff through a Site Development Review Waiver. Currently, the Chapter does not
require review of landscape modifications at a property. In Chapter 8.76, Off-Street Parking and Loading
Regulations, there is a reference requiring a Site Development Review when a majority of the trees on site
are removed, however "majority" is not defined. By requiring review of all landscape modifications on all
R-M, Commercial and Industrial and similar Planned Development zoned properties, Staff will be able to
ensure that adequate landscaping is provided throughout the City as well as ensuring that the proposed
changes are compatible with the site as well as the vicinity of the project site.
Color modifications of structures without an approved Site Development Review do not currently require
review. Based on feedback from the Planning Commission during the Study Session, all color changes to
buildings in the R-M, Commercial, Industrial and similar Planned Development Zoning Districts will be
reviewed by Staff to ensure compatibility with the colors in the neighborhood and with the specific plan .
(if applicable).
Page 4 of9
f1 r;(R 3
Currently, only new windows and doors in the R-M, Commercial, Industrial and similar Planned
Development Zoning Districts require review. Tinting and replacement of window glass is currently
exempt from review. Based on feedback from the Planning Commission during the Study Session, Staff is
recommending that all window and door replacements, new windows and doors, tinting, frosting and all
other materials which obscure the glass require a Site Development Review Waiver. As stated earlier, if
the proposed modification does not appear to be consistent with the surroundings, Staff has the ability to
refer the decision making authority (application) to the Planning Commission at any time. .
Community Development Director Review (Section 8.1 04.040.A)
The following projects will require review by the Community Development Director or his/her designee
(the improvements noted in italics are projects that do not currently require a Site Development Review):
· Additions which are 1,000 square feet in size or 15 percent of the building (whichever is greater);
· Agricultural accessory structures;
. Custom house (new house);
. Flag poles over 35 feet in height;
. Major landscape modifications;
· Residential Additions over 500 square feet;
· Residential demolition and reconstruction;
. Security gates;
· Wireless Communication Facilities; and
. Minor fa<;ade modifications.
Residential Improvements
Currently, individual residential improvements do not require a Site Development Review. Additionally,
residential additions, the demolition and reconstruction of all or part of a house, and the construction of
custom homes do not require Site Development Review. During the Study Session, the Planning
Commission discussed whether or not these types of activities should be reviewed as a part of the Site
Development Review Chapter. At the Study Session, after considerable discussion, the Planning
Commission discussed if review should be required for all second story additions or additions of a
particular size. At the meeting, the Planning Commission determined that additions which are over 500
square feet could have significant impacts on a neighborhood and, therefore, determined that review of
these additions, by Staff, should be required.
Residential Demolition and Reconstruction
Additionally, the Planning Commission discussed whether or not to require review of the demolition and
reconstruction of residential houses. Staff researched several cities in the vicinity to determine their
definition of a demolition. Staff found that most cities define a demolition as the removal of 50 percent or
more of the exterior walls of a structure. As proposed, a demolition of 50 percent of the exterior walls and
remodel or construction of a residential dwelling would require a Site Development Review.
Custom Single Family Horne
A new custom single-family home is also proposed to require a Site Development Review. Currently, the
Zoning Ordinance does not require a Site Development Review for the construction of an individual
custom home. Review of these projects will allow the City to ensure that the proposal will be compatible
with the neighborhood in which it is located. As proposed, the Zoning Ordinance allows the Community
Page 5 of9
~>~ ~o?3
Development Director to transfer hearing jurisdiction of these proj ects to the Planning Commission if the
Community Development Director determines that the circumstances of the project warrants it.
Proposed additions over 500 square feet in size, a residential tear down (of more than 50% of the house
and reconstruction) and new custom single family homes will now require that all property
owners/neighbors within 300 feet of the property will be notified of the proposed project prior to a
decision by the Community Development Director.
The Notice of Decision process is currently a part of the SDR regulations. This process requires the
notification of property owners within 300- feet of the subj ect site. If a property owner( s) has concern with
a proposal, they have a period of time in which they can communication their concerns with the City. If
comment is received from a concerned party, the application can be appealed to the Planning Commission
and ultimately the City Council.
While the City currently processes SDR through the Notice of Decision process, these proposed
modifications (to review additions greater than 500 square-feet, reconstruction of demolition greater than
50% of a principal structure, and new custom single-family homes) are a shift from existing policy which
currently exempts these types of activities from SDR review.
Residential projects of this type are not currently "noticed" to neighbors. Based on historical building
permits issued over the past several years, Staff has determined that there are roughly a dozen (total for all
three categories) of these types of permits per year. As the housing stock grows in age, it could be
anticipated that there will be more modifications to homes (specifically in the western portion of the
community) that may be subject to these regulations as people invest in improvements to older homes.
The additional review that will be required for these permits will take more Staff time. By increasing the
review time for smaller residential proj ects, staffing resources will be directed in other areas and will
thereby reduce staffing resources for other projects. Additionally, the review of these types of permits
could potentially result in the submittal of a greater number of appeals due to greater community
involvement, which requires additional review by Staff, the Planning Commission and City Council
(please refer to page 8 for more discussion on fees).
Major landscape modifications in the R-M, Commercial, Industrial and Planned Development Zoning
Districts with similar uses are also proposed to require a Site Development Review. By requiring a permit
for these types of activities, the Planning Commission will be able to ensure that landscape modifications
are compatible with the neighborhood and the project site.
F ac;ade Remodel
Minor fa<;ade remodels which do not significantly alter the character of a structure in the R-M,
Commercial, Industrial or similar Planned Development will require a Site Development Review which
will be reviewed by the Community Development Director. Currently, the Zoning Ordinance allows the
Community Development Director to review all fa<;ade remodels. Staff is recommending that fa<;ade
remodels be categorized as either major or minor. Major fa<;ade remodels will continue to be reviewed by
the Planning Commission.
Zoning Administrator Review (Section 8.104.040.B)
The following projects require review by the Zoning Administrator:
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. Exception to accessory structure requirements;
. Front Yard setback encroachment for living area; and
· Height increase for principal structures in the Agriculture, R-l and R-2 Zoning Districts.
The typical maximum height of residential dwellings west of Dougherty Road is two stories and 25 feet.
The Zoning Ordinance allows an increase in height for residential dwellings in the Agriculture, R-l and
R-2 Zoning Districts to a maximum of 35 feet with a Site Development Review which requires review by
the Planning Commission. In order to be more consistent with the proposed review of custom single
family homes, additions and the demolition and reconstruction of single family homes and allow for a
public hearing, Staff is recommending that the reviewing body for a residential dwelling height increase
be transferred to the Zoning Administrator.
Planning Commission Review (Section 8.1 04.040.C)
The following projects will require review by the Planning Commission:
. Additions which are larger than 1,000 square feet or 15 percent ofthe building;
. Height increase for public and quasi-public structures;
. Height increase for towers and water tanks; and
. New principal structures.
Only two modifications are proposed to what currently requires review by the Planning Commission. Staff
has added requests for height increases for public and semi-public structures; towers and water tanks to
the list of projects that require review by the Planning Commission. Currently the Zoning Ordinance
allows a height increase through a Conditional Use Permit. Staffhas determined that a Site Development
Review is a more appropriate method of review because these types of activities are related to design.
Findings (Section 8.104.090)
The findings section of this Chapter has been modified. The existing findings have been completely
revised to be consistent with the purpose section of the Chapter. The proposed findings clearly address
design and aesthetics for proj ects.
Overlay Zoning Districts
The reviewing body and level of review required for projects in the Scarlett Court (Chapter 8.34) and
Historic District Overlay Zoning Districts (Chapter 8.62) will remain unchanged.
Other Modifications to the Zoning Ordinance
In order to ensure consistency throughout the Zoning Ordinance, various Chapters are required to be
amended in order to implement some of the changes proposed in Chapter 8.104, Site Development
Review. The proposed modifications to the Zoning Ordinance are discussed in detail below.
Chapter 8.04, Title, Purpose and Authority
This Chapter is proposed to be modified to remove several types of activities that are exempted from
permit requirements that are related to SDR. The newly proposed SDR Chapter includes a section that
describes exempted permits that relate to SDR. There are several activities that are appropriate to retain in
Section 8.04.070 - Exemptions from Permit Requirements including (Film and Theater Productions;
Page 7 of9
dO! d;fc)2,
Governmental Activities; School Facilities; Solar Collectors; and Utilities). The other activities (Decks,
Paths and Walkways; Irrigation; Repairs and Maintenance; and Retaining Walls) are proposed to be
removed from this Chapter and included as a part of the SDR Chapter as exempted activities.
Interior residential alterations and additions which are less than 500 square feet will continue to be exempt
from Site Development Review. Residential additions over 500 square feet, custom homes and the
demolition of and reconstruction of single family homes are proposed to require Site Development
Review as discussed above.
The proposed amendments are shown on Page 2-3 of Attachment 1.
Chapter 8.36, Development Regulations
This Chapter has been modified to change the level of review for residential house height exceptions
(Section 8.36.020.A) from requiring Planning Commission Review to requiring review by the Zoning
Administrator. The permit requirement for a reduced font yard setback, in the residential zoning districts
(Section 8.36.050.A.2.c.3) and for a height exception for freestanding structures (8.36.11 O.C.3.b) has been
changed from a Conditional Use Permit to a Site Development Review, which is the more appropriate
type of review for this type of improvement.
Per the Planning Commission direction, the review of a residential house height exception is consistent
with similar actions currently allowed by the Zoning Ordinance which are reviewed by the Zoning
Administrator (i.e. reduced front yard setback and exceptions to accessory structure requirements).
Therefore, Section 8.36.020.A - Agricultural and Residential Development Regulations is proposed to be
amended from requiring Planning Commission Review to requiring review by the Zoning Administrator.
Additionally, the permit requirements for a reduced font yard setback, in the residential zoning districts
(Section 8.36.050.A.2.c.3 - Front Setback Exceptions) and for a height exception for freestanding
structures (8.36.110.C.3.b - Height Limits and Exceptions) is proposed to be modified from a Conditional
Use Permit, which is currently required in the Zoning Ordinance to a Site Development Review. A SDR
is the appropriate type of review for these activities since it relates to site layout and the design of
structures rather than the approval of a particular type of use.
The proposed amendments are shown on Page 3-6 of Attachment 1.
Chapter 8.40. Accessory Structures and Uses
This Chapter is proposed to be modified to change the permit requirement from a Conditional Use Permit
to a Site Development Review for flagpoles (Section 8.40.020.D.2 - Accessory Structures) and for an
exception to accessory structure requirements (Section 8.40.F.2.a - Accessory Structures).
The proposed amendments are shown on Page 6-7 of Attachment 1.
Residential Permit Fee (500 square foot addition and demolition and reconstruction)
As proposed, this Chapter will now require homeowners to obtain Site Development Review approval
prior to constructing a residential addition over 500 square feet in size and for the demolition and
reconstruction of a home. Typically, Staff charges time spent on these applications on a time and materials
basis which can amount to a large sum of money. Time and materials include all Staff time associated
with a project application. For these two types of activities, the City would not want to discourage
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d35f023
homeowners from improving their property due to a high permit cost. However, the City does not want to
fully subsidize the permit fee for these improvements because the City currently requires full cost
recovery for most permits. The City does currently subsidize the fee for large family daycares (the
application fee is $100) in order to encourage these types of facilities and the City charges a flat fee for
residential Conditional Use Permits.
Staff estimates that it would take approximately four hours to process a Site Development Review for
these types of improvements. Based on the City's fee schedule, the City currently charges approximately
$125.00 per hour for Planning staff time. This would result in a fee of $500.00. Staff acknowledges that
some permits may take longer to process, however in order to encourage homeowners to continue to
improve their property, Staff is recommending a flat fee of $500.00 for the Site Development Review for
a 500 square foot (or more) residential addition and the demolition and reconstruction of a residential
home.
If the City Council concurs with the recommended method for a flat fee for these two improvements, Staff
will include the flat fee in the upcoming Development Fee Schedule Update.
CONCLUSION:
A number of modifications are proposed to the existing Site Development Review Chapter that will
improve the clarity of the Chapter, ensure its effectiveness and ensure that the SDR Chapter is consistent
with current practices.
RECOMMENDATION:
Staff recommends that the City Council: 1) receive the Staff presentation; 2) open Public Hearing; 3) take
testimony from the Public; 4). close Public Hearing and deliberate; 5) waive reading and introduce an
Ordinance approving amendments to Chapter 8.04, Title, Purpose and Authority, Chapter 8.36,
Development Regulations, Chapter 8.40, Accessory Structures and Uses Regulations and Chapter 8.104,
Site Development Review; and 6) direct Staff regarding the application fee for residential improvements.
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