HomeMy WebLinkAbout4.04 Scarlett Ct OverlaySTAFF REPORT CITY CLERK
DUBLIN CITY COUNCIL File # 15]C-UU
DATE: June 7, 2011
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE. 'Scarlett Court Zoning Ordinance Amendments to the Dublin Municipal Code
related to the Scarlett Court Overlay Zoning District (Chapter 8.34), PLPA-2011-
00019
Prepared By: Kristi Bascom, Principal Planner
EXECUTIVE SUMMARY:
The City Council will hold a second reading of City -initiated amendments to Title 8 of the Dublin
Municipal Code (Zoning Ordinance) related to the Scarlett Court Overlay Zoning District. The
proposed amendments would streamline the process to allow auto -related uses in the Scarlett
Court Overlay Zoning District by means of a Zoning Clearance or Minor Use Permit. The
amendments include modifications to Chapter 8.12 (Zoning Districts and Permitted Uses),
Chapter 8.34 (Scarlett Court Overlay Zoning District), and Chapter 8.116 (Zoning Clearance).
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council waive the reading and adopt an Ordinance amending
Chapters 8.12 (Zoning Districts and Permitted Uses), 8.34 (Scarlett Court Overlay Zoning
District), and 8.116 (Zoning Clearance) of the Zoning Ordinance for auto -related uses in the
Scarlett Court Overlay Zoning District.
ubmitted By
Community Development Director
Reviewed By
Assistant City Manager
Page 1 of 3
ITEM NO. Lf: T
of&
DESCRIPTION:
Background
One of the high priority Economic Development Goals and Objectives for the 2010-2011 Fiscal
Year (II-E-15) is to "examine appropriate locations to permit automotive repair businesses within
the City". As areas that have traditionally accommodated auto-related uses, such as auto
repair, sales, and service transition to other types of more-intensive development, City Staff has
been examining locations where it would be feasible to encourage auto-related uses to re-
establish.
Staff has been identifying locations in the City where additional auto-related uses would be
appropriate, and has drafted changes to the Zoning Ordinance to facilitate their development.
The Scarlett Court area is a logical area due to the number of auto-related uses already in
operation. This area is zoned M-1 (Light Industrial) except for a portion of one parcel, as shown
below.
Staff recommends amending the Zoning Ordinance to remove the requirement for auto-related
uses to be permitted by a Conditional Use Permit approved by the Planning Commission and
instead allow them to be permitted by means of a Zoning Clearance or Minor Use Permit within
the Scarlett Court area.
On May 17, 2011, Staff presented the proposed amendments and the City Council waived the
reading and introduced an Ordinance amending Chapters 8.12 (Zoning Districts and Permitted
Uses), 8.34 (Scarlett Court Overlay Zoning District), and 8.116 (Zoning Clearance) of the
Zoning Ordinance for auto-related uses in the Scarlett Court Overlay Zoning District. Please
refer to the May 17, 2011 City Council Staff Report for a complete discussion of the proposed
Ordinance amendments (Attachment 1). The City Council is currently requested to waive the
reading and adopt the Ordinance (Attachment 2).
Page 2 of 3
ENVIRONMENTAL REVIEW:
The project has been found to be exempt from the California Environmental Quality Act
(CEQA), according to Section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the amendments to Title 8(Zoning Ordinance) of the Dublin Municipal Code
(Zoning Ordinance) may have a significant effect on the environment.
ATTACHMENTS: 1) City Council Staff Report dated May 17, 2011 (without
attachments). ~
2) Ordinance amending Chapters 8.12 (Zoning Districts and
Permitted Uses), 8.34 (Scarlett Court Overlay Zoning District),
and 8.116 (Zoning Clearance) of the Zoning Ordinance for
auto-related uses in the Scarlett Court Overlay Zoning District.
Page 3 of 3
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G~C~ OF ppQ~2
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19~-~~~~ STAFFREPORT CITY CLERK
\~~~~~/% -
c~,,,.~,,.~ DUBLIN CITY COUNCIL File #^0~00 D I~
DATE: May 17, 2011
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE . PLPA-2011-00019 Scarlett Court Zoning Ordinance Amendments -
Amendments to the Dublin Municipal Code related to the Scarlett Court Overlay
Zoning District (Chapter 8.34)
Prepared By: Krisfi Bascom, Principal Planner ~G~j
EXECUTIVE SUMMARY: ~
One of the high priority Economic Development Goals and Objectives for the 2010-2~11 Fiscal
Year is to examine appropriate locations to permit. autamotive repair businesses within the City.
Staff has been identifying location's in the City where additional auto-related uses would be
appropriate, and has drafted changes to the Zoning Ordinance to facilitate their devefopment.
Staff is proposing amendments to Title 8 of fhe Dublin Municipal Code (Zoning Ordinance)
related to the Scarlett Court Overlay Zoning District. The proposed amendments would
streamline the process to allow auto-related uses in the Scarlett Court Overlay Zoning District
by means of a Zoning Clearance or Minor Use ;Permit. The amendments include modifications
to Chapter 8.12 (Zoning Districts and Permitted Uses), Chapter 8:34 (Scarlett Court Overlay
Zoning District), and Chapter 8.116 (Zoning Clearance). ~
FINANCIAL IMPACT:
None.
RECOMMENDATION:
. .. . , .
Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open the public
hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5)
Waive the reading and introduce an Ordinance amending Chapters 8.12 (Zoning Districts and
Permitted Uses}, 8.34 (Scarlett Court Overlay Zoning District), and 8.116 (Zoning Clearance) of
the Zoning Ordinance for auto-related uses in the Scarlett Court Overlay Zoning District.
ulhw
Sub itted y
Community Development Director
Rev ed By
Assistant City Manager
Page 1 of 5
ATTACHMENT 1
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~ESCFtIPT10N:
~ac6~ground
One of the high priority Economic Development Goais and Objectives for the 2010-2011 Fiscal
Year (I{-E-15) is to "examine appropriate iocations to permit automotive repair businesses within
the City". As areas that have traditionally accommodated auto-related uses, such as auto
repair, sales; and service transition to other types of more-intensive development, City Staff has
been examining locations where it. would be feasible to encourage auto-related uses to re-
establish.
Staff has been identifying locations in the City where additional auto-related uses would be
appropriate, and has drafted changes to the Zoning Ordinance to facilitate their development:
The Scarlett Court area is a logical area due to the number of auto-relafed uses already in
operation. This area is zoned M-1 (Light Industrial) except for a portion of one parcel, as shown
below.
Staff recommends amending the Zoning Ordinance to remove the requirement for=auto-related
uses to be permitted by a Conditional Use Permit approved I~y `the~ Planning Commission and
instead allow them to be permitted by means of a Zoning Clearance or Minor Use Permit within
the Scarlett Court area. •
~.i~ALYSIS:
The proposed Zoning Ordinance Amendments would streamline the permit process by
establishing development standards and allowing auta-related uses in the Scarlett Court area
with approval of a Zoning Clearance or a Minor Use Permit. The City has used this approach
for several different use types in recent years, including Indoor Recreational Facilities and Large
Family Daycares, with the intent of facilitating the quicker processing of certain applications:
This wiU allow auto-related uses in the Scarlett Court area, wfiich should have minimal impacts
to surrounding uses based on the prolifer.ation of existing auto-related uses, a shorter planning
review time and a lower up-front cost to the Applicant. ~
Page2of5
31
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Staff is proposing changes to three chapters of the Zoning Ordinance: Chapter 8.12 (Zoning
Districts and Permitted Uses of Land), Chapter 8.34 (Scarlett Court Overiay Zoning District},
and Chapter 8.116 (Zoning Clearance). ~
The City Council Economic Development Ad Hoc Committee reviewed the proposed Zoning
Ordinance Amendments to require a Zoning Clearance or Minor Use Permit instead of the
current requirement for a Conditional Use Permit approved by the Flanning Commission. The
Committee concurred with the proposed Zoning Ordinance amendments as discussed below.
Chapter 8. ~2 (Zoning Districts and Permitted Uses of Land)
Staff is proposing to amend Section 8.12.050 (Permitted . and Conditionally Permitted Land
Uses) to note that auto-related uses are permitted in the portion of the M-1 Zoning District that
is located in the Scarlett Court Overlay Zoning District by means of a Zoning Clearance or Minor
Use Permit. The Permit requirements for auto-related uses in other zoning districts would not
change.
The following rows of the "Land Use Matrix" table in Section 8.12.050 are proposed to be
amended as follows (the underlined text is new):
COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N ~ C-1 G2 M-P <::• M-'t ' M-2 .
AutomobileNehicle - - - - - P P~ ~ 'P ' • ' P - _. - ~ -
Brokera e - . ~ ZC/MUP'~
AutomobileNehicle Rental - - - -. - - = P - ~: ClPG
. . " ZC/MUP' .
Automobile/Vehicle Repairs - - - - - - - P - C/PC -
and Service . ~ ZC/MUP'
AutomobileNehicle Sales - - - - - - • ~ - ClPC - C/RC - .
and~Service ~ - ~ . ~ZC/MUP'
' Permitted with a Zoninq Clearance/Minor Use Permit in the Scarlett Court~Overlav Zoninq District: ~ . ,
The means of permitting an AutomobileNehicle Storage Lot is not proposed to change. This
use type will still require a Conditional Use Permit approved by the Planning Commission in any
M-1 (Light Industrial) Zoning District. .
Sections 2 of the draft Ordinance, which is included as Attachment 1 to this Staff Report, shows
the amended Section 8.12.050 in its fina{ form, with all. of the changes incorporated.
~ - ~,. . . . : . .. . .. . • . .
.- ~ Chapter 8.34 (Scar/etf Court Overlay Zoning District) ~- . .. . . . , . --
Staff is proposing to amend Chapter 8.34 to note that the auto-related uses noted above will be
permitted with approval of a Zoning Clearance or a Minor Use Permit in the M-1 (Light
Industrial) Zoning District if the property is in the Scarlett Co~rt Overlay Zoning District. The
main change to the Chapter is the proposed adclition of Section 8.34.080 (Permitting
Procedures), which describes the standards for approving Zoning Clearances and Minor Use
Permits, as follows:
8.34.080 Permitting Procedures.
A. Zoning Clearance. Uses requiring a Zoning Clearance in compliance .with
Chapter 8.12 (Zoning Districts and Permitted Uses of Land) shall be approved
ministerially .with a Zoning Ciearance and without discretionary review or a public
hearing if it meets the following standards:
Page3of5
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1. Meets all Development Standards and Regulations for the Zoning District in
which it is located and any other applicable provisions of the City Code or
regulations, including occupancy, accessibility, California Building Code, and
~ Fire Code requirements.
2. Meets the parking requirement. for the use type in accordance with the
requirements of Section 8.76.080 (Parking. Requirements by Type) without any
adjustments, reductions or variances. .
3. The use qualifies for an exemption for environmental review .under the
California Environmental Quality Act (CEQA).
4. The hours of operation are no earlier. than 7:00 a.m. and no later than 10:00
~ p.m. for AutomobileNehicle Sales and no earlier than 7:00 a.m. and no later
than 7:00 p.m. for AutomobileNehicle Service or Repair.
5. All service and/or repair work shall be conducted inside the building.
6. No outdoor storage of vehicles: being repaired. -
.. . . ~. 7. No amplified sounds or loudspeakers outside,the building. .
. ._ . _ ._,- . : ~ , .. ~ .. . _..
; ' `~~ 8: Any~ AutomobileNehicle washing or tletailing shaN 'tie` done` in compliance with
~ ~ . - ,: _: applicable water pollution control standards: _ ' - ~ °
A Zoning Clearance form shall ~document the compliance of the use with the
~ : above requirements and shall be kept on file .in the Community Devefopment
. : " ,Department for the duration of the operation of the use. .
-~ B:.; ~- Minor Use Permit. A.proposed use that does~ not meet the requi~ements for
~ : ~ ~ approval by a Zoning Clearance under subsection ,A ~of this section shall ~ require
, .. .. approval of.a Minor Use Permit under Chapter 8:102 (Minor Use Permit).
Section 3 of the draft Ordinance, which is included as Attachment 1 to this Staff Report, shows
,
the amended Chapter 8.34 in its fina~ form, with all of the changes incorporated.
Attachment 2 to this Staff Report is the amended Chapter 8.34; showing text additions and
deletions in under~ine and strikeout, for reference only.
Chapter 8. ~ 96 (Zoning Clearance)~ ' ~ ' ' ' ~ ' ~
Staff is proposing amendments to this Chapter of the Zoning Ordinance to note .that the
fol{owing types of uses are now subject to a Zoning Clearance: AutomobileNehicle Brokerage,
AutomobileNehicle Rental, AutomobileNehicle Repairs and Service, or Automobile/Vehicle
Sales and Service use types that meet the standards specified .in Chapter 8.34 (Scarlett Court
Overlay Zoning District).
Section 4 of the draft Ordinance, which is included as Attachment 1 to this Staff Report, shows
the amended Chapter 8.116 in its final form, with all of the changes incorporated.
Page 4 of 5
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PLANNING COMMISSI4N ACTION:
The Planning Commission reviewed the project at a pubiic hearing on April 26, 2011. The
Planning Commission Staff Report and dcaft minutes for this meeting are included as
Attachments 3 and 4 to this Staff Report. At the meeting, the Planning Commission discussed
the merits of the p~oposed Zoning Ordinance Amendment and heard testimony from a Scarlett
Court property owner's representative in favor of the proposed amendments. After a brief
discussion, the Planning Commission adopted a Resolution recommending that the City Council
approve amendments to Chapters 8.12 (Zoning Districts and Permitted Uses), 8.34 (Scarlett
Court Overlay Zoning District), and 8.116 (Zoning Clearance) of the Zoning Ordinance for auto-
related uses in the Scarfett Court Overlay Zoning District. The Planning Commission approved
Resolution 11-15 (Attacfiment 5) by a unanimous vote.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
!n accordance with State law, a public notice was published in the Valley Times and posted .at
~ several locations throughout the City. A notice of this hearing was mailed to all property owners
and tenants in the Scarlett Court Overlay Zoning District, to those .within 300 feet of the.subject
,.; ,. , area, . and to those requesting such notice, ten days before ,the .hearing. The Staff Report and .
' attachments were made available~for public..review prior'to the public-hearing:in accordance with .
`~ ~Government Code: Sections 65090 and 65091. . ` . ~ . . _ . . . - " ~ ~ .
Additionally, Staff solicited input on the proposed Zoning Ordinance Amendments from all affected
. : properties within the Scarlett Court Overlay Zoning District. A letter outlining the proposed
changes was sent to all property owners, and no comments were received: Staff met with one of
~ the~ property owner representatives to discuss the proposed changes; and~ Staff~ received support ~
-for.the proposed'changes. ~ - . , . . . ~
~ :. . . . ' . ~ ~ :. ,'. .
ENVIRONMENTAL REVIEW:
The project~ has been found to be exempt from the California Environmental Quality Act
(CEQA), according to Section 15061(b}(3) because it can be seen with certainty that there is no
possibility that the amendments to Title 8(Zoning Ordinance) of the Dublin Municipal Code
(Zoning Ordinance) may have a significant effect on the environment.
ATTACHMENTS: ~ 1) Ordinance amending Chapters 8.12 '(Zoning Districts and
Permitted Uses), 8.34 (Scarlett Court Overlay Zoning District),
and 8.116 (Zoning Clearance) of the Zoning Ordinance for
auto-related uses in the Scarlett Court Overlay Zoning District.
2) Amended Chapter 8.34 of the Zoning Ordinance (with
proposed additions and deletions shown).
3) Planning Commission Staff Report, dated April 26, 2011
~ 4) Draft Planning Commission meeting minutes, dated Apri{ 26,
2011
5) Planning Commission Resolution 11-15
Page5of5
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ORDINANCE NO. XX -11
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**************
AMENDING CHAPTERS 8.12 (ZONING DfSTRiCTS AND PERMITTED USES), 8.34
(SCARLETT COURT OVERLAY ZONING DISTRICT), AND 8.116 (ZONING CLEARANCE) OF
THE ZONING ORDINANCE FOR AUTO-RELATED USES IN THE SCARLETT COURT
OVERLAY ZONING DISTRICT
PLPA-2011-00019
WHEREAS, one of the high priority Economic Development Goals and Objectives for the
2010-2011 Fiscal Year is to examine appropriate locations to permit automotive repair
businesses within the City; and
WHEREAS, the City Councif has directed Staff to identify locations in the City where
additional auto-related uses would be appropriate, and to identify changes to the Zoning
Ordinance to facilitate their development; and .
WHEREAS, amendments to Title 8 of ~the Dublin Municipal Code (Zoning Ordinance)
related to the Scarlett Court Overlay Zoning District will allow auto-related uses in the Scarlett
Court Overlay Zoning District by means of a Zoning Clearance or Minor Use Permit; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this
project on April 26, 2011 and adopted Resolution 11-15.recommending that the City Council
approve amendments to Title 8(Zoning Ordinance) of the Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council on May 17,
2011; and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City
Council hereby finds that the amendments to the Zoning Ordinance are consistent with the
Dublin General Plan; and
WHEREAS, the City Council did hear and use its independent judgment ahd considered
all said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dub~in does ordain as follows:
Section 1:
Compliance with California Environmental Quality Act ("CEQA"): The City Council declares
this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to
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. The
adoption of this ordinance is exempt from CEQA because the ordinance does not, in itself,
allow the construction of any building or structure or allow a use to be established, but rather
sets forth the regulations that shall be followed if and when a building or structure is proposed to
be constructed, a site is proposed to be developed, or a use is proposed to be established.
ATTACHMENT 2
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Therefore, this ordinance of itself, has no potential for resulting in significant physical change in
the environment, directly or ultimately.
Section 2:
Section 8.12.050 (Permitted and ConditionaHy Permitted Land Uses) of Chapter 8.12 is hereby
amended to read as follows (Only those rows of the table that are being amended by this
Ordinance are shown here. All other rows of the table in Section 8.12.050 remain unchanged
and in full e~ffect.):
8.12.050 Permitted and Conditionally Permitted Land Uses.
COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
AutomobileNehicle - - - - P P P P - - -
Brokera e ZC/MUP'
Automobile/Vehicle Rental - - - - - - - P - C/PC -
ZC/M UP'
Automobile/Vehicle Repaics - - - - - - - P - . C/PC -
and Service ZC/MUP'
AutomobileNehicle Sales - - - - - - - C/PC - C/PC =
and Service ZC/MUP'
Automobile/Vehicle~Storage - - - - - - - TUP - C/PC -
Lot - ,
rerrn~«eu wun a ~vnmg ~~earancenvnnor use rermit in cne 5cariett c:ourt Uvenay ~onmg uistnct.
Section 3: ,
Chapter 8.34 (Scarlett Court Overlay Zoning District) is hereby amended to read as follows: ~
CHAPTER 8.34 SCARLETT COURT OVERLAY ZONING DISTRICT
8.34.010 Purpose. The purpose of this Chapter is to establish a procedure to ensure that
all development in the Scarlett Court Overlay Zoning District is reviewed for
substantial compliance with the Scarlett Court Design Guidelines and to ensure
that proposed uses in the area are reviewed for comp{iance with the appropriate~ -
development standards and regulations. The intent of the Chapter is also to:
A. Enhance the aesthetics the Scarlett Court Area;
B. Guide the design of future development and improvements to reinforce the
Scarlett Court Design Guidelines; and
C. Improve the public realm to create a positive pedestrian experience, enhance the
area's image, and create a unique sense of place.
8.34.020 Applicability. The Scarlett Court Overlay Zoning District is a designation in
addition to the M-1 (Light Industrial), C-2 (General Commercial) Zoning District
that each property in the area retains. The standard Zoning District contains all
information regarding permitted and conditionally permitted uses, development
standards, and regulations, while the Scarlett Court Overlay provides a
Page 2 of 9
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mechanism to review development on any of the properties in the District for
substantial compliance with the Scarlett Court Design Guidelines. .
8.34.030 Projects subject to compliance with this Chapter:
A. New Construction. Any new construction or additions to an existing structure
within the Scarlett Court Overlay Zoning District that alters the exterior appearance
' of the building. Internal tenant improvements are not subject to compliance with
this Chapter.
B. Exterior Modification of an Existing Structure. Any exterior modification of an
existing structure located within the Scarlett Court Overlay Zoning District,
including but not limited to, facade renovation, new and/or additional windows and
doors, and roof or ground-mounted mechanical equipment.
C. Modification to Site Layout. Any modification to site layout or site improvements
in the Scarlett Court Overlay Zoning District, including but not limited to, parking,
walls and fencing, circulation, landscaping, accessory structures, or trash
enclosures.
D. Signage. Installation of new signage or replacement of sign copy in the Scarlett~
Court Overlay'Zoning .District. _ _ „
E. Auto-related uses in the Scarlett Court Overlay Zoning District. Auto-related .
uses requiring either a Zoning Clearance or Minor Use Permit in the Scarlett Court
Overlay Zoning District in accordance with Chapter 8.12 (Zoning Districts and
Permitted Uses of Land).
8.34.040 Application. The Applicant shall submit the following, as appropriate:
A. A complete Zoning Clearance or Minor Use Permit application, in compliance with
Chapter 8.12 (Zoning Districts and Permitted Uses of Land); or
B. Un{ess waived in accordance with Section 8.34.110, a complete Site Development
Review application pursuant to Chapter 8.124, Applications, Fees and .Deposits,
accompanied by a fee and such materials as are required by the Director of
Community Development.
8.34.050 Notice ~~Of Decision. A Notice of Decision shall be given consistent with Chapter ~~
8.132, Notice and Hearings. No public hearing is required for Scarlett Court
Overlay Zoning District Site Development Review unless the application is being
considered is a permit which requires a public hearing pursuant to Chapter 8.132.
8.34.060 Concurrent Consideration. When a Scarlett Court Overlay Zoning District Site
Development Review is required for a project that is also subject to a Conditional
Use Permit and/or Variance, it shall be approved, conditionally approved, or
denied by the same decision-maker or body for those actions.
8.34.070 Required Findings.
A. The following findings shall all be made in order to approve an application for
Scarlett Court Overlay Zoning District Site Development Review:
Page 3 of 9
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1. Approval of the application is consistent with the purpose and intent of his
Chapter
2. Any approval complies with the policies of the General Plan, with any
applicable Specific Plans, with the development regulations or perFormance
standards established for the standard Zoning District in which it is focated,
and with all other requirements of the Zoning Ordinance.
3. The approva{ wi11 not adversefy affect the health or safety of persons residing
or working in the vicinity, or be detrimental to the public health, safety and
general welfare. ,
4. The design of the project will provide a desirable envi~onment for the
development and an attractive environment for the public. .
5. The project is in substantial compliance with the applicable chapters of the
Scarlett Court Design Guidelines. .
B. The findings for approval for a Minor Use Permit in the Scarlett Court Overlay ~
Zoning District shalf be as specified in Section 8.102.060 (Minor Use Permit -
Required.Findings). ' . ,. : ,
8.34.080 Permitting~~ Procedures. ~ .
.`. ~ A. ~ Zoning .Clearance. Uses requiring a. Zoning Clearance in .compliance with
Chapter 8.12 (Zoning Districts and Permitted Uses of Land) shall be approved
ministerially with a Zoning Clearance and without discretionary review or a public -
hearing if it meets the fol{owing standards: '
1. Meets all Development Standards and Regulations ~for the Zoning District in
which it is, located and any other appficable provisions of the City Code or
regulations, including occupancy, accessibility, California Building Code, and
Fire Code requirements.
2. Meets the parking requirement for the use type in accordance with the
requirements of Section 8.76.080 (Parking Requirements by Type) without any
adjustments, reductions or variances.
3. The use ~qualifies for an ~exemption for environmental review under the ~~
California Environmental Quality Act (CEQA).
4. The hours of operation are no earfier than 7:00 a.m. and no later than 10:00
p.m. for AutomobileNehicle Sales and no earlier than 7:00 a.m. and no later
than 7:00 p.m. for Automobile/Vehicle Service or Repair.
5. All service and/or repair worK shall be conducted inside the building.
6. No outdoor storage of vehicles being repaired.
7. No amplified sounds or loudspeakers outside the building.
8. Any AutomobileNehicle washing or detailing shall be done in compliance with
applicable water pollution contro{ standards.
Page 4 of 9
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A Zoning Clearance form shall document the compliance of the use with the
above requirements and shall be kept on file in the Community Development
Department for the duration of the operation of the use.
B. Minor Use Permit. A proposed use that does not meet the requirements for
approval by a Zoning Clearance under subsection A of this section shall require
approval of a Minor Use Permit under Chapter 8.102 (Minor Use Permit).
8.34.090 Action.
A. The decision maker for Scarlett Court Overlay Zoning District Site Development
Review applications shall be the Director of Community Development (or his/her
designee), except as provided in Section 8:34.060, Concurrent Consideration, of
this Chapter. The Director of Community Development may, based on evidence
in the public record, and on the findings above, make an administrative decision to
approve, conditionally approve, or deny a Scarlett Court Overlay Zoning District
Site Development Review application.
B. The decision maker for a Zoning Clearance or Minor Use Permit, in compliance
with the Scarlett Court Overlay Zoning District, shall be as specified by Chapter
8.102 (Minor Use Permit) and Chapter 8.116 (Zoning Clearance). ~~
8.34.100 Amendment: ~ ~ ~ ~
A. ~ The process for amending a Scarlett Court Overlay Zoning District Site
Development Review approval shall be the same as the process for approving a
Scarlett Court Overlay Zoning District Site Development Review application. The
decision-maker for the Scarlett Court Zoning District Site Development Review
amendment shall be the same decision-maker that ultimately approved the
Scarlett Cou~rt Zoning District Site Development Review including approval on
appeal. The Community Development Director or his/her designee may grant a
Scarlett Court Overlay Zoning District Site Development Review Waiver for
applications approved by another decision-maker or body upon the determination
that the modification is a minor project and in accordance with Section 8.34.110,
Waiver, to an approved Scarlett Overlay Zoning District Site Development Review.
B. The process for amending a Minor Use Permit in the Scarlett Court Overlay
Zoning District shall ~be ~ as stated in Section 8.102.080 (Minor Use Permit -
Amendments).
C. Zoning clearance approvals shall be amended through submittal and approval of a
new application pursuant to Chapter 8.116 (Zoning Clearance).
8.34.110 Waiver to an approved Scarlett Court Overlay Zoning District Site
Development Review. The Community Development Director or his/her
designee may allow a minor change to an approved Scarlett Court Overlay Zoning
District Site Development Review as a Waiver upon determining the following:
A. The proposed change is in substantial conformance with the approved Scarlett
Court Overlay Zoning District Site Development Review;
B. The proposed change is minor in scope;
Page 5 of 9
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C. The proposed change is exempt from or not otherwise subject to the California .
Environmental Quality Act; and
D. The proposed change is consistent with the conditions of approval for the Scarlett
Court Overlay Zoning District Site Development Review and is substantially
consistent with the Scarlett Court Design Guidelines.
It is not the intent of this Chapter that a series of Scarlett Court Overlay Zoning
District Site Devetopment Review Waivers be used to circumvent the need for full
and complete Scarlett Court Overlay Zoning District Site Development Review.
8.34.120 Waiver for a project that does not have an approved Scarlett Court Overlay
Zoning District Site Development Review. The Community Development
Director or his/her designee may allow a minor change to an existing site or
building in the Scarlett Court Overlay Zoning District that does not have an
approved Scarlett Court Overlay Zoning District Site Development Review as a
Waiver upon determining the following:
A. The proposed change is minor in scope;
B. The proposed change is Categorically Exempt from the California Environmental
Quality Act; and .
C. The proposed change is substantially consistent with the Scarlett Court Design
Guidelines. It is not the iritent~ of this Chapter that a series of Scarlett Court
Overlay Zoning District Site Development Review Waivers be used to circumvent
the need for full and complete Scarlett Court Overlay Zoning District Site
~ Development Review. __ ~ ~
8.34.130 Scarlett Court Design Guidelines. The Scarlett Court Design Guidelines
adopted by the City Council on May 1, 2007 by Resolution 54-07, and as may be
amended thereafter, shall be used to guide the review of Scarlett Court Overlay
Zoning District Site Development Review applications.
8.34.140 Building Permits. Building Permits shall not be issued except in accordance with
the terms" and conditions of the Scarlett Court Overlay Zoning District Site
Development Review approval.
8.34.150 Ordinary Maintenance and Repair. Nothing in this section shall be construed to
prevent the ordinary maintenance or repair of any existing exterior architectural
feature on any property in the Scarlett Court Overlay Zoning District that does not
involve a change in design, material, or exterior appearance and when such
maintenance or repair is conducted in accordance with Chapter 8.140, Non-
conforming Structures and Uses.
8.34.160 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall
apply except as otherwise provided in this Chapter.
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Section 4:
Chapter 8.116 (Zoning Clearance) is hereby amended to read as follows:
CHAPTER 8.116: ZONING CLEARANCE
8.116.010 Purpose. The purpose of this Chapter is to establish a procedure for certifying
conformance of a Building Permit, Sign application, Recreational Facility (Indoor),
Large Family Day Care Home, or auto-related use in the Scarlett Court Overlay
Zoning District application with the requirements of this Title, the General Plan,
any applicable Specific Plans, and the terms and conditions of any applicable
permits or variances.
8.116.020 Applications Requiring a Zoning Clearance.
A. Building Permit
B. Signs. All signs which have been .identified in Chapter 8.84, Sign Regulations, as
requiring a Zoning Clearance. , .
C. . Recreational Facilities (Indoor) ~that meet the standards specified in Chapfer 8.70
(Recreational Facilities (Indoor)).
D. Large Family Day Care Homes that meet the standards specified in Chapter 8.66
(Large Family Day Care Homes). . ~
E. Automobile/Vehicle Brokerage, Automobile/Vehicle T Rental, Automobite/Vehicle
Repairs and Service, or~ Automobile/Vehicle Sales and Service use types that
meet the standards specified in Chapter 8.34 (Scarlett Court Overlay Zoning
District).
8.116.030 Application. The Applicant shall submit a complete application for a Building
Permit for a structure or a sign. If the Zoning Clearance is for a Recreational
Facility (Indoor), the Applicant shall submit a"Zoning Clearance for Indoor
Recreational Facility" form along with such information requested on said form. If
~~ ~ the Zoning Clearance is for an auto-related~ use noted above in the Scarlett Court
Overlay Zoning District, the Applicant shall submit a"Zoning Clearance for Auto-
Related Uses in the Scarlett Court Overlay Zoning DistricY' form along with such
information requested on said form. If the Zoning Clearance is for a Large Family
Day Care Home, the Applicant shall submit a"Zoning Clearance for Large Family
Day Care Homes" form along with such information requested on said form.
8.116.040 Approval. The Director shall decide Zoning Clearance applications as follows:
A. Building Permit. All building permit applications shall be reviewed for consistency
with the regulations of this Title as required by Chapter 8.04, Title, Purpose and
Authority. The Zoning Clearance approval for a Building Permit shall be a
signature and date on the Building Permit and an initialed and dated stamp of
approval on the approved building plans.
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B. Signs. All signs identified in the Sign Regulations as requiring a Zoning Clearance
shall be applied for and approved as in subsection A of this section, Building
Permit.
C. Recreational Facility (Indoor). All Recreational Facilities (Indoor) shall be reviewed
for comptiance with Chapter 8.70 (Recreational Facilities (Indoor)). The Zoning
Clearance approval for a Recreational Facility (Indoor) shall be a completed
"Zoning Clearance for Recreational Facilities (Indoor)" form with the date and
signature of the Community Development Director or his/her designee.
D. Large Family Day Care Homes. All Large Family Day Care Homes shall be
reviewed for compliance with Chapter 8.66 (Large Family Day Care Homes). The
Zoning Clearance approval for Large Family Day Care Homes shall be a
completed "Zoning Clearance for Large Family Day Care Homes" form with the
date and signature of the Community Development Director or his/her designee.
Rev. Ord. 3-10 (February 2010); Ord. 15-09 (November 2009)
E. Automobile/Vehicle Brokerage, Automobile/Vehicle Rental, Automobile/ Vehicle
Repairs and Service, o~ Automobile/Vehicle Sales and Service use types in the
Scarlett Court Overlay Zoning District. Auto-related uses in the Scarlett Court
. . Overlay Zoning District ~ shall ~ be ~~reviewed for compliance with Chapter 8.34
(Scarlett Court Overlay Zoning District). The Zoning Clearance approval shall be a
completed "Zoning Clearance for Auto-Related Uses in the Scarlett Court Overlay
Zoning District" form with. the date and signature of the Community Development
Director or his/her designee. ~ ~
.." ~ 8.116.050 Expiration of Zoning Clearance: A Zoning Clearance issued in conjunction with
... a Building Permit shall expire when _the Building Fermit expires. A Zoning
Clearance issued in conjunction with a Recreational Facility (Indoor), Large Family
Day Care Home, or auto-related use in the Scarlett Court Overlay Zoning District
shall expire when the use is no longer operational or the use is no longer in
compliance with Chapter 8.34 (Scarlett Court Overlay Zoning District), Chapter
8.66 (Large Family Day Care Homes), or Chapter 8.70 (Recreational Facilities
(Indoor).
. . . . . ,_ „ , . ~.;. -. .
Section 5:
Severability. In the event any section or portion of this ordinance shall be determined invalid or
unconstitutional, such section or portion shall be deemed severable and all other sections or
portions hereof shafl remain in full force and effect.
Section 6:
Savings Clause. All code provisions, ordinances, and parts of ordinances in conflict with the
provisions of this ,chapter are repealed. The provisions of this chapter, insofar as they are
substantially the same as existing code provisions relating to the same subject matter shall be
construed as restatements and continuations thereof and not as new enactments. With respect,
however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective
Page 8 of 9
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date of this ordinance, under any chapter, ordinance, or part of an ordinance shaVl be deemed
to remain in fuil force for the purpose of sustaining any proper suit, action, or other proceedings,
with respect to any such violation, right, liability or appeal.
Section 7:
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 7th
day of June, 2011, by the following votes:
AYES:
NOES: _
~ ABSENT: . . ~ . ,
ABSTAIN: . _
Mayor
ATTEST: . . J . ,
~~ .
City Clerk
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