Loading...
HomeMy WebLinkAboutPC Reso 10-59 Rec CC Adopt ZOA DDSP RESOLUTION NO. 10 - 59 A RESOLUTIQN OF THE PLANNING COMMISStON OF THE CITY OF DUBLIN RECOMMENDING THE CITY COUNCIL ADOPT AN ORdINANCE APPROVING ZONING ORDINANCE AMENDMENTS Ta CREATE A NEW CHAPTER: 8.30 (DOWNTOWN QUBLIN ZONtNG DfSTRICT}, REZONE ALL PROPERTIES WITHIN THE DOWNTOWN DUBLIN SPECIFIC PLAN PROJECT AREA TO THE DOWNTOWN DUBLIN ZONING DISTRiCT, AMEND THE ZONING MAP TO IDENTtFY THE LQCATION OF THE NEW ZONlNG DfSTRICT AMEND ZONING ORDINANCE CHAPTER 8.12 (ZONING DfSTRfCTS ANQ PERM{TTED USES), AND AMEND CHAPTER 8.104 (SITE DEVELOPMENT REVtEW) PA 07-036 WHEREAS, the City initiated a Specific Plan study and related General Plan amendment to plan for the City's Downtown. The results of this effort includes the Downtown Dubiin Specific Plan itself, General Pfan Amendment, Zoning Ordinance Amendments, Rezoning properties from various Pianned Development Zoning Districts to a new Downtown Dublin Zoning District, Environmental fmpact Repor~, and other related actions. These pfanning and implementing actions are collectively known as the "Downtawn Dublin Specific Plan Project" or the "Project"; and WHEREAS, the Downtown Dublin Specific Plan requires that certain amendments be made to the Zoning Orc3inance to assist in the implementation of the Downtown Dublin Specific Plan; and WHEREAS, an impfementing action of the Downtown Dublin Specific Plan is ta create a new Downtown Dublin Zoning District (Chapter 8.30} that will apply to all of the properties identified in Figure 1-1 of the Downtown Dublin Specific Pfan. The new zoning district identifies permitted, conditionally permitted, and prohibited uses as well as development standards for properties within the project area; and WHEREAS, the Dublin Zoning Map is amended to include the new Downtown Qublin Zoning District; and WHEREAS, all properties identified in Figure 1-1 of the Downtown Dublin Specific Plan shall be rezoned from their existing zoning district to Downtown Dublin Zoning District; and WHEREAS, Staff has identified additional amendments to the Dublin Zaning Ordinance (Chapters 8.12 (Zoning Districts and Permitted Uses of Land) and 8.104 (Site Development Review)) that will further implement the Downtown Dublin Specific Plan; and WHEREAS, the text amendments to Chapters 8.12 and 8.104 and the text of the new zoning district (Chapter 8.30) are shown in Sections 3 through Section 6 of the draft Ordinance, which is attached as Exhibit A; and WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council finds that the Zoning Ordinance Amendments and Zoning Map Amendment are consistent with the Dublin General Plan; and WHEREAS, a Staff Report was submitted recammending that the Planning Commissian approve the Zoning Ordinance Amendments and Zonirig Map Amendment; and WHEREA~, the Planning Cammissian did hold a public hearing on the proposed modifications an Qecember 14, 2010, for which proper notice was given in accordance with California State Law; and WHEREAS, the Pfanning Commission at its December 14, 2Q10, meeting did hear and use its independent judgment and considered the Fina! E1R, all said reports, recommendations, and testimony hereinabove set forth. NOW THEREFORE, BE 17 RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Councif adopt the Ordinance attached hereto as Exhibit A and incorporated herein by reference. PASSED, APPROVED AND ADOPTEQ this 14t" Day of December 2010 by the following , votes ' AYES: King, Schaub, Wehrenberg ' NOES: ABSENT: Brown ABSTAIN: ~ ~ Planning Commission Chairperson ATTE.~T: Planni ager G:1PA#12007107-036 Downtown Dublin Specific P/an1PC 12.14.2010tPC Att 2- Reso ZOAs.DOC 2 ORDINANCE NO. xx - II AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING ZONING ORDINANCE AMENDMENTS TO CREATE A NEW CHAPTER: 8.30 (DOWNTOWN DUBLIN ZONING DISTRICT), REZONE ALL PROPERTIES WITHIN THE DOWNTOWN DUBLIN SPECIFIC PLAN PROJECT AREA TO THE DOWNTOWN DUBLIN ZONING DISTRICT, AMEND THE ZONING MAP TO IDENTIFY THE LOCATION OF THE NEW ZONING DISTRICT AMEND ZONING ORDINANCE CHAPTER 8.12 (ZONING DISTRICTS AND PERMITTED USES), AND AMEND CHAPTER 8.104 (SITE DEVELOPMENT REVIEW) PA 07-036 WHEREAS, the City initiated a Specific Plan study and related General Plan amendment to plan for the City's Downtown. The results of this effort includes the Downtown Dublin Specific Plan itself, General Plan Amendment, Zoning Ordinance Amendments, Rezoning properties from various Planned Development Zoning Districts to a new Downtown Dublin Zoning District, Environmental Impact Report, and other related actions. These planning and implementing actions are collectively known as the "Downtown Dublin Specific Plan Project" or the "Project"; and WHEREAS, the Downtown Dublin Specific Plan requires that certain amendments be made to the Zoning Ordinance to assist in the implementation of the Downtown Dublin Specific Plan; and WHEREAS, the City Council certified the FEIR and adopted related CEQA findings for the Project on , 2011, via Resolution xx-xxx; and WHEREAS, the Downtown Dublin Specific Plan was adopted by City Council on , 2011 via Resolution xx-xx; and WHEREAS, an implementing action of the Downtown Dublin Specific Plan is to create a new Downtown Dublin Zoning District (Chapter 8.30) that will apply to all of the properties identified in Figure 1-1 of the Downtown Dublin Specific Plan. The new zoning district identifies permitted, conditionally permitted, and prohibited uses as well as development standards for properties within the project area; and WHEREAS, the Dublin Zoning Map is amended to include the location of the new Downtown Dublin Zoning District that will include all properties identified in Figure 1-1 of the Downtown Dublin Specific Plan; and WHEREAS, all properties identified in Figure 1-1 of the Downtown Dublin Specific Plan shall be rezoned from their existing zoning district to Downtown Dublin Zoning District; and WHEREAS, Staff has identified additional amendments to the Dublin Zoning Ordinance (Chapters 8.12 (Zoning Districts and Permitted Uses of Land) and 8.104 (Site Development Review)) that will further implement the Downtown Dublin Specific Plan; and EXHIBIT A TO ATTACHMENT 3 WHEREAS, the text amendments to Chapters 8.12 and 8.104 and the text of the new zoning district (Chapter 8.30) are shown in Sections 3 through Section 6 of this Ordinance; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on this project on December 14, 2010 and adopted Resolution 10-xx recommending that the City Council approve amendments to Title 8 (Zoning Ordinance) of the Municipal Code and the Zoning Map; and WHEREAS, a properly noticed public hearing was held by the City Council on , 2011; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Project, including the Zoning Ordinance Amendments and Zoning Map Amendment; and WHEREAS, pursuant to section 8.120.050.13 of the Dublin Municipal Code, the City Council finds that the Zoning Ordinance Amendments and Zoning Map Amendment are consistent with the Dublin General Plan and the adopted Downtown Dublin Specific Plan; and WHEREAS, the City Council did hear and use its independent judgment and consider the FEIR, 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: CEQA Compliance with California Environmental Quality Act ("CEQA"): In compliance with CEQA, the City Council certified a Final EIR for the Project, including the zoning actions, on 2011, via Resolution xx-xxx. Section 2: Zoning Map Amendment Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Dublin Zoning Map is amended to include a new zoning district: Downtown Dublin Zoning District. In approving this Ordinance, the Dublin City Council does rezone the following project area ("the Property") to the Downtown Dublin Zoning District: Approximately 284 acres in size. The project area is generally bound by Village Parkway to the east, Interstate 580 to the south, San Ramon Road to the west, and Amador Valley Boulevard to the north. There are some partial boundary limits that extend beyond those roadways, most notably for a portion of San Ramon Road, a portion of Amador Valley Boulevard, and all of the Village Parkway within the Specific Plan area. The amended Zoning Map (zoomed into the project area) is shown on the following page: Page 2 of 6 D U B L I N Z O N I N G M A P as amended through march 1, 2010 PA 65-005 n 1 . A 1 \ R-1 P (5,000) _ Pa Ga 2 .1 PD rn c„e~ Cri j' _ IL78 ZU PD PD cR PA 62o]J PO I \ ten Zu `'PA 99- (L000i ! ,mow PD A $5-03 ro eve r>w. may PO PA 85-017 ~ 1 - PD Pa P4 02-062 PC 1 DOZD \ C-0 A 8!-081 1 PD P R,1 139LZU ~~~~41 11 o•b~;oa• \ 11.91 0.000) ~ZU 1 C-0 R-1 PD 1 1 J A 05-0201 (10.000) J PD 1362 ZU ~ PA 02-0) ~PD i, a 1 0.5 i immi Y Miles General Resldenclal a mmer 1 I tntlust I 1 Trt Vall"3urkCktlons O rvr vna ' ©,0 Section 3: New Chapter 8.30 (Downtown Dublin Zoning District) is added to Title 8 of the Dublin Municipal Code to read as follows: CHAPTER 8.30 DOWNTOWN DUBLIN ZONING DISTRICT 8.30.010 Purpose. The purpose of this Chapter is to establish a zoning district to implement the Downtown Dublin Specific Plan and to ensure that all development in the Downtown Dublin Specific Plan area is reviewed for substantial compliance with the Downtown Dublin Specific Plan. 8.30.020 Downtown Dublin Specific Plan. The Downtown Dublin Specific Plan, adopted by the City Council on xxx by Resolution xx-xx, and as may be amended thereafter, shall be used to guide the review of Site Development Review applications in the Downtown Dublin Zoning District. The Downtown Dublin Specific Plan contains all information regarding permitted, conditionally permitted, and prohibited uses, development standards, and design guidelines to direct the development and use of properties within the Specific Plan area. All new development in the Downtown Dublin Zoning District shall be reviewed for consistency with the Downtown Dublin Specific Plan. Page 3 of 6 8.30.030 Applicability. A. Zoning District. The Downtown Dublin Zoning District applies to all properties within the Downtown Dublin Specific Plan area boundary as shown on the Dublin Zoning Map. B. Relation to Previous PD, Planned Development Zoning. All properties within the Downtown Dublin Zoning District that were previously subject to the uses, standards and other regulations set forth in a Planned Development Zoning District, existing as of the adoption date of this ordinance, may continue to remain in accordance with Chapter 8.140 (Non-Conforming Structures and Uses). 8.30.040 Site Development Review. Site Development Review is required for all development in the Downtown Dublin Zoning District. The Applicant shall submit a complete Site Development Review application pursuant to Chapter 8.104 (Site Development Review) and Chapter 8.124 (Applications, Fees and Deposits), accompanied by a fee and such materials as required by the Director of Community Development. 8.30.050 Permitted Uses. Permitted, conditionally permitted, and prohibited uses are as specified per district in the Downtown Dublin Specific Plan in Section 3.4. For any uses not listed in the Downtown Dublin Specific Plan, their permissibility shall be determined by the Community Development Director. 8.30.060 Development Standards. The development standards for the Downtown Dublin Zoning District are as contained in Sections 4.1, 4.2, and 4.3 of the Downtown Dublin Specific Plan. 8.30.070 Relation to Zoning Ordinance. Except as provided in Sections 3.4, 4.1, 4.2, and 4.3 of the Downtown Dublin Specific Plan, all development in the Downtown Dublin Zoning District shall be subject to the zoning regulations of the closest comparable zoning district, as determined by the Director of Community Development, and the regulations of the Zoning Ordinance. In the event of conflict between other zoning provisions and the Specific Plan, the Specific Plan provisions shall control. Section 4: Section 8.12.050 of Chapter 8.12 (Zoning Districts and Permitted Uses of Land) of Title 8 of the Dublin Municipal Code is amended to read as follows. All other sections of Chapter 8.12 remain unchanged and in full effect. (The underline and strikethrough is shown only for the first reading of the Ordinance, so it is clear what is being added and deleted. The final version of the Ordinance will not contain this formatting.) 8.12.050 Permitted and Conditionally Permitted Land Uses. The following "Land Use Matrix" lists the permitted and conditionally permitted Use Types, as defined in Chapter 8.08, Definitions, in each Zoning District, and the decision making-authority. Uses in the Downtown Dublin Zoning District are set forth in Chapter 8.30 (Downtown Dublin Zoning District) of the Zoning Ordinance. Page 4 of 6 (No changes made to the Land Use Matrix itself, so it is not reprinted here) Section 5: Section 8.104.030 of Chapter 8.104 (Site Development Review) of Title 8 of the Dublin Municipal Code is amended to modify the first paragraph and to modify Section 8.104.030.A.3 to read as follows. All other sections of Chapter 8.104 remain unchanged and in full effect. (The underline and strikethrough is shown only for the first reading of the Ordinance, so it is clear what is being added and deleted. The final version of the Ordinance will not contain this formatting.) 8.104.030 Waiver. The Community Development Director or his/her designee may approve a Site Development Review Waiver to allow a minor physical change to a site or structure, with or without a previously approved Site Development Review, or minor modifications to approved Site Development Reviews, where the improvement is Categorically Exempt from the California Environmental Quality Act, the improvement is consistent with the purposes of this Chapter, with the General Plan and with any applicable Specific Plans and design guidelines, and as specified below. 8.104.030.A.3 Minor Modifications to Approved Site Development Review. Minor modifications to an approved Site Development Review (other than what is listed in this section), 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, is in conformance with the General Plan and any applicable Specific Plans and design guidelines, and is exempt from the California Environmental Quality Act. Section 6: Section 8.104.040 of Chapter 8.104 (Site Development Review) of Title 8 of the Dublin Municipal Code is amended to modify Section 8.104.040.F and add a new Section 8.104.040.G as follows All other sections of Chapter 8.104 remain unchanged and in full effect. (The underline and strikethrough is shown only for the first reading of the Ordinance, so it is clear what is being added and deleted. The final version of the Ordinance will not contain this formatting.) F. Downtown Dublin Zoning District All improvements within the Downtown Dublin Zoning District shall be reviewed in accordance with and subject to Chapter 8.30 Downtown Dublin Zoning District. G 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. Page 5 of 6 Section 7: 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 8: 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 9: This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of California. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this day of 2011, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:IPA#12007107-036 Downtown Dublin Specific PlaMPC 12.14.20101DDSP ZOAs.doc Page 6 of 6