Chapter 8.33 COMMERCIAL CORRIDOR OVERLAY ZONING DISTRICT

Chapter 8.33
COMMERCIAL CORRIDOR OVERLAY ZONING DISTRICT

8.33.010 Purpose.

The purpose of this Chapter is to establish a procedure to ensure that all development in the Commercial Corridor Overlay Zoning District is reviewed for substantial compliance with the Commercial Corridor Design Guidelines. Ord. 21-12 (December 2012)

8.33.020 Intent.

The intent of this Chapter is to:

A. Enhance the aesthetics of properties in the Commercial Corridor area;

B. Guide the design of future development and improvements to reinforce the Commercial Corridor Design Guidelines; and

C. Ensure that development in all of the commercial areas meets the community’s high standards and contributes to a positive image of the City of Dublin. Ord. 21-12 (December 2012)

8.33.030 Applicability.

The Commercial Corridor Overlay Zoning District is a designation in addition to the standard zoning designation 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 Commercial Corridor Overlay provides a mechanism to review development on any of the properties in the District for substantial compliance with the Commercial Corridor Design Guidelines. Ord. 21-12 (December 2012)

8.33.040 Projects Subject to Compliance with this Chapter.

A. New Construction. Any new construction or additions to an existing structure within the Commercial Corridor 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 Commercial Corridor 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 Commercial Corridor Overlay Zoning District, including, but not limited to, parking, walls and fencing, circulation, landscaping, accessory structures, or trash enclosures.

D. Signs. Installation of new signs or replacement of sign copy in the Commercial Corridor Overlay Zoning District. Ord. 21-12 (December 2012)

8.33.050 Application.

The Applicant shall submit a complete Site Development Review application pursuant to Chapters 8.104 (Site Development Review) and Chapter 8.124 (Applications, Fees and Deposits), accompanied by a fee and such materials as are required by the Director of Community Development. Ord. 21-12 (December 2012)

8.33.060 Notice of Decision.

A Notice of Decision shall be given consistent with Chapter 8.132, Notice and Hearings. No public hearing is required for Commercial Corridor Overlay Zoning District Site Development Review unless the application being considered is a permit which requires a public hearing pursuant to Chapter 8.132. Ord. 21-12 (December 2012)

8.33.070 Concurrent Consideration.

When a Commercial Corridor 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. Ord. 21-12 (December 2012)

8.33.080 Required Findings.

The following findings shall all be made in order to approve an application for Commercial Corridor Overlay Zoning District Site Development Review:

A. Approval of the application is consistent with the purpose and intent of this Chapter.

B. 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 located, and with all other requirements of the Zoning Ordinance.

C. The approval will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare.

D. The design of the project will provide a desirable environment for the development and an attractive environment for the public.

E. The project is in substantial compliance with the applicable chapters of the Commercial Corridor Design Guidelines. Ord. 21-12 (December 2012)

8.33.090 Action.

The decision-maker for Commercial Corridor Overlay Zoning District Site Development Review applications shall be the Community Development Director (or his/her designee), the Zoning Administrator (or his/her designee) or the Planning Commission as set forth in Chapter 8.104 (Site Development Review). The decision-maker may approve, conditionally approve, or deny a Commercial Corridor Overlay Zoning District Site Development Review based on the required findings in Section 8.33.080. Ord. 21-12 (December 2012)

8.33.100 Amendment.

The process for amending a Commercial Corridor Overlay Zoning District Site Development Review approval shall be the same as the process for approving a Commercial Corridor Overlay Zoning District Site Development Review application. The decision-maker for the Commercial Corridor Zoning District Site Development Review amendment shall be the same decision-maker that ultimately approved the Commercial Corridor Zoning District Site Development Review including approval on appeal. The Community Development Director or his/her designee may grant a Commercial Corridor 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 8.33.110, Waiver, to an approved Commercial Corridor Overlay Zoning District Site Development Review. Ord. 21-12 (December 2012)

8.33.110 Waiver to an Approved Commercial Corridor Overlay Zoning District Site Development Review.

The Community Development Director or his/her designee may allow a minor change to an approved Commercial Corridor Overlay Zoning District Site Development Review as a Waiver upon determining the following:

A. The proposed change is in substantial conformance with the approved Commercial Corridor Overlay Zoning District Site Development Review;

B. The proposed change is minor in scope;

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 Commercial Corridor Overlay Zoning District Site Development Review and is substantially consistent with the Commercial Corridor Design Guidelines.

It is not the intent of this Chapter that a series of Commercial Corridor Overlay Zoning District Site Development Review Waivers be used to circumvent the need for full and complete Commercial Corridor Overlay Zoning District Site Development Review. Ord. 21-12 (December 2012)

8.33.120 Waiver for a Project that Does Not Have an Approved Commercial Corridor 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 Commercial Corridor Overlay Zoning District that does not have an approved Commercial Corridor 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 Commercial Corridor Design Guidelines.

8.33.130 Commercial Corridor Design Guidelines.

The Commercial Corridor Design Guidelines adopted by the City Council on December 4, 2012, by Resolution 202-12, and as may be amended thereafter, shall be used to guide the review of Commercial Corridor Overlay Zoning District Site Development Review applications. Ord. 21-12 (December 2012)

8.33.140 Building Permits.

Building Permits shall not be issued except in accordance with the terms and conditions of the Commercial Corridor Overlay Zoning District Site Development Review approval. Ord. 21-12 (December 2012)

8.33.150 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 Commercial Corridor 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. Ord. 21-12 (December 2012)

8.33.160 Procedures.

The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except as otherwise provided in this Chapter. Ord. 21-12 (December 2012)