Chapter 8.62 HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIEW

Chapter 8.62
HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIEW

8.62.010 Purpose.

The purpose of this Chapter is to establish a procedure to ensure that all development in the Historic Overlay Zoning District is reviewed for substantial compliance with the Dublin Village Historic Area Specific Plan. Rev. Ord. 17-06 (September 2006); Ord. 4-05 (February 2005)

8.62.020 Intent.

The intent of this chapter is to:

A. Preserve and enhance the remaining historic resources within the Dublin Village Historic Area;

B. Guide the design of future development to reinforce the unique historic qualities and design elements that once defined Dublin Village; and

C. Improve the public realm to create a positive pedestrian experience, enhance the area’s image as a historic district, and create a unique sense of place. Ord. 4-05 (February 2005)

8.62.030 Applicability.

The Historic Overlay Zoning District is a designation in addition to the standard Zoning District that each property in the Historic District retains (C-O, C-1, PD, R-M, etc.). The standard Zoning District contains all information regarding permitted and conditionally permitted uses, development standards, and regulations, while the Historic Overlay provides a mechanism to review development on any of the properties in the District for substantial compliance with the Dublin Village Historic Area Specific Plan. Rev. Ord. 17-06 (September 2006); Ord. 4-05 (February 2005)

8.62.040 Projects Subject to Compliance with this Chapter:

A. New Construction. Any new construction or additions to an existing structure within the Historic 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 Historic Overlay Zoning District, including but not limited to, facade renovation, new and/or additional windows and doors (with frames), and roof or ground-mounted mechanical equipment. Re-roofing or repainting an existing building that is not undergoing any other modifications with like materials and/or colors is not subject to compliance with this Chapter.

C. Signage. Installation of new signage or replacement of sign copy in the Historic Overlay Zoning District.

D. Modification To Site Layout. Any modification to site layout or site improvements in the Historic Overlay Zoning District, including but not limited to, parking, fencing, circulation, landscaping, accessory structures, or trash enclosures. Ord. 4-05 (February 2005)

8.62.050 Application.

The Applicant shall submit 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. Ord. 4-05 (February 2005)

8.62.060 Notice of Decision.

A Notice of Decision shall be given consistent with Chapter 8.132, Notice and Hearings. No public hearing is required for Historic Overlay Zoning District Site Development Review unless the application is being considered concurrently with another permit requiring a public hearing. Ord. 4-05 (February 2005)

8.62.070 Concurrent Consideration.

When Historic 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. 4-05 (February 2005)

8.62.080 Required Findings.

The following findings shall all be made in order to approve an application for Historic 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 (C-O, C-1, PD, R-M, etc.) 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 Dublin Village Historic Area Specific Plan. Rev. Ord. 17-06 (September 2006); Ord. 4-05 (February 2005)

8.62.090 Action.

The decision maker for Historic Overlay Zoning District Site Development Review applications shall be the Director of Community Development (or his/her designee), except as provided in Section 8.62.070, Concurrent Consideration. 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 Historic Overlay Zoning District Site Development Review application. Ord. 4-05 (February 2005)

8.62.100 Amendment.

The process for amending a Historic Overlay Zoning District Site Development Review approval shall be the same as the process for approving a Historic Overlay Zoning District Site Development Review application. The decision-maker for the Historic Overlay Zoning District Site Development Review amendment shall be the same decision-maker that ultimately approved the Historic Overlay Zoning District Site Development Review including approval on appeal. The Community Development Director or his/her designee may grant a Historic 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 8.62.110, Waiver to an approved Historic Overlay Zoning District Site Development Review. Ord. 4-05 (February 2005)

8.62.110 Waiver to an Approved Historic Overlay Zoning District Site Development Review.

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

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

B. The proposed change is minor in scope;

C. The proposed l change is Categorically Exempt from the California Environmental Quality Act; and

D. The proposed change is consistent with the conditions of approval for the Historic Overlay Zoning District Site Development Review and is substantially consistent with the Dublin Village Historic Area Specific Plan.

It is not the intent of this Chapter that a series of Historic Overlay Zoning District Site Development Review Waivers be used to circumvent the need for full and complete Historic Overlay Zoning District Site Development Review. Rev. Ord. 17-06 (September 2006); Ord. 4-05 (February 2005)

8.62.120 Waiver for a Project that Does Not Have an Approved Historic Overlay Zoning District Site Development Review.

The Community Development Director or his/her designee may allow a minor change to an existing site or building in the Historic Overlay Zoning District that does not have an approved Historic 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 Dublin Village Historic Area Specific Plan.

8.62.130 Dublin Village Historic Area Specific Plan.

The Dublin Village Historic Area Specific Plan adopted by the City Council on August 1, 2006 through Resolution 149-06, and as may be amended thereafter, shall be used to guide the review of Historic Overlay Zoning District Site Development Review applications. Rev. Ord. 17-06 (September 2006); Ord. 4-05 (February 2005)

8.62.140 Building Permits.

Building Permits shall not be issued except in accordance with the terms and conditions of the Historic Overlay Zoning District Site Development Review approval. Ord. 4-05 (February 2005)

8.62.150 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 Historic Overlay Zoning District that does not involve a change in design, material, or exterior appearance. Ord. 4-05 (February 2005)

8.62.160 Procedures.

The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except as otherwise provided in this Chapter. Ord. 4-05 (February 2005)