Chapter 8.104
SITE DEVELOPMENT REVIEW

8.104.010 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, facade 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, facade 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.

F.    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.

G.    To promote the health, safety and general welfare.

H.    To ensure that projects provide adequate circulation for automobiles as well as pedestrians and bicyclists to create a pedestrian-friendly environment. Rev. Ord. 12-09 (July 2009); Ord. 27-08 (June 2008)

8.104.020 Exemptions from Site Development Review.

The permit requirements of this Chapter do not apply to the following:

A.    Decks, Paths and Driveways. Decks, platforms, on-site paths, and driveways in the R-1 or R-2 Zoning Districts or any Planned Development Zoning Districts which allow similar residential 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 residential 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 multifamily or nonresidential uses shall not require Site Development Review. All landscape modifications in the R-1 and R-2 Zoning Districts, excluding heritage trees, are exempt from review. Landscape modifications in the Planned Development Zoning District with single-family uses shall not require review, except where review is required pursuant to Section 8.104.030.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 are exempt 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 above grade and are exempt from a building permit.

H.    Minor Exterior Modifications to Glass Storefronts. Modifications to existing glass storefronts in Commercial and Industrial Zoning Districts and comparable Planned Development Zoning Districts including: removing an existing window and replacing it with a glass door; removing an existing glass door and replacing it with a glass window; or removing and replacing glass doors, so long as the new doors and/or windows match, in color, design and material, other exterior doors and windows within the same building and the modifications do not include frosting, tinting or the addition of other materials that would otherwise obscure the window.

I.    Minor Modifications to Wireless Communications Facilities. Minor modifications to existing wireless communication facilities that involve no physical change visible from the public right-of-way. Rev. Ord. 11-17 (December 2017); Ord. 6-13 (November 2013); Ord. 12-09 (July 2009); Ord. 27-08 (June 2008)

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.

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 and Two-Family Residential Improvements. The following improvements in the R-1 or R-2 Zoning Districts or comparable Planned Development Zoning Districts with single-family or two-family residential uses.

a.    Single-Family Residential Landscape Modification. In a Planned Development Zoning District with residential uses, the removal of a tree which is part of the streetscape of a development or is required by the Conditions of Approval, but which is proposed to be replaced or is proposed to be replaced with a different species.

b.    Day Care Center Outdoor Play Areas. Modifications to an existing outdoor play area(s) or the establishment of a new outdoor play area(s) for use by children associated with a Day Care Center.

2.    Multifamily, Commercial and Industrial Improvements. The following improvements in the R-M, Commercial or Industrial Zoning Districts, or comparable Planned Development Zoning Districts with multifamily, commercial or industrial uses.

a.    Accessory Structures. Accessory structures which are less than or equal to 120 square feet in size and accessory structures which are not visible from any street and not located adjacent to a property in the R-1 or R-2 Zoning District or a Planned Development Zoning District with similar uses.

b.    Color Modifications. Repainting of an existing building with a color(s) which is different from 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 (when the roof is visible from the street), 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 facade modification and require a Site Development Review.

f.    Minor Landscape Modifications. Minor landscape modifications.

g.    Minor Site Layout Modification. A minor modification to the layout of the site including new paving areas, sidewalks, new or modified outdoor play areas for use by children associated with a Day Care Center or other similar improvements as determined by the Community Development Director.

h.    Window Modifications. Window modifications which include new and replacement windows, unless otherwise exempted under Minor Exterior Modifications to Glass Storefronts, frosting, tinting or the addition of other materials which may obscure a window as determined by the Community Development Director.

i.    Outdoor Seating. The establishment of Outdoor Seating associated with an Eating and Drinking Establishment. This provision shall apply to any Planned Development Zoning District where Eating and Drinking Establishments are allowed.

j.    Trash Enclosures. Modifications to an existing trash enclosure(s) or the construction of a new trash enclosure(s) that complies with Dublin Municipal Code Chapter 7.98 (Solid Waste and Recycling Enclosure Standards), notwithstanding any exceptions that may be granted by the Public Works Director, and the modified or new trash enclosure(s) will not result in the loss of required parking except pursuant to Section 8.76.050.D (Parking Exception).

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.

4.    Modifications to Wireless Communications Facilities. Modifications to existing wireless communication facilities that involve changes to the appearance where the change is in substantial conformance with the approved Site Development Review and Section 6409(a) Modifications as defined in Chapter 8.92. These facilities are also subject to the provisions of Chapter 8.92, Wireless Communications Facilities.

5.    Other Improvements. All other improvements determined by the Community Development Director to be minor in nature and requiring review. Rev. Ord. 11-17 (December 2017); Ord. 6-13 (November 2013); Ord. 1-11 (February 2011); Ord. 5-10 (April 2010); Ord. 12-09 (July 2009); Ord. 27-08 (June 2008); Ord. 4-05 (February 2005)

8.104.040 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 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.    Accessory Structures. Accessory structures, excluding trash enclosures, which are greater than 120 square feet in size in the R-M, Commercial, or Industrial Zoning Districts, or Planned Development Zoning Districts with multifamily or nonresidential uses and are visible from any street or located adjacent to a property in the R-1 or R-2 Zoning District or a Planned Development Zoning District with similar residential uses.

2.    Addition. All additions which are not visible from any street or any addition which is less than 1,000 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 multifamily or nonresidential uses.

3.    Agricultural Accessory Structures. All agricultural 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 Development Zoning Districts with multifamily, 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 similar 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 similar residential uses.

9.    Security Gates. Security gates at the entrance(s) to a residential or office development.

10.    Signage. 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.

12.    Wireless Communications Facilities. All new wireless communication facilities and modifications to wireless communication facilities that are not in conformance with an approved Site Development Review. These facilities are also subject to the provisions of Chapter 8.92, Wireless Communications Facilities.

13.    Facade Modifications. Facade modifications in the R-M, Commercial or Industrial Zoning Districts, or Planned Development Zoning Districts with multifamily or nonresidential uses. Facade 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, other modifications which change the character or design of a building or any other improvements as determined by the Community Development Director.

14.    Trash Enclosures. Modifications to an existing trash enclosure(s) or the construction of a new trash enclosure(s) that does not comply with Dublin Municipal Code Chapter 7.98 (Solid Waste and Recycling Enclosure Standards), notwithstanding any exceptions that may be granted by the Public Works Director. Or, modifications to an existing trash enclosure(s) or the construction of a new trash enclosure(s) that results in the loss of more than 10% of the required parking.

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 Section 8.40.020.F.2 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.    Additions. Additions which are 1,000 square feet or more, or greater than 15 percent of the floor area of the structure and visible from any street in the R-M, Commercial or Industrial Zoning Districts, or Planned Development Zoning Districts with multifamily or nonresidential uses.

4.    New Principal Structures. All new principal structures, including principal structures in a Planned Development Zoning District, and any structure which is to be demolished and reconstructed.

D.    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.

E.    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.

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.    Commercial Corridor Overlay Zoning District. All improvements within the Commercial Corridor Overlay Zoning District shall be reviewed in accordance with and subject to Chapter 8.33, Commercial Corridor Overlay Zoning District.

H.    Dublin Crossing Zoning District. All improvements within the Dublin Crossing Zoning District shall be reviewed in accordance with and subject to Chapter 8.31, Dublin Crossing Zoning District.

I.    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. Rev. Ord. 11-17 (December 2017); Ord. 7-13 (November 2013); Ord. 6-13 (November 2013); Ord. 21-12 (December 2012); Ord. 1-11 (February 2011); Ord. 12-09 (July 2009); Ord. 27-08 (June 2008)

8.104.050 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. Rev. Ord. 12-09 (July 2009); Ord. 27-08 (June 2008)

8.104.060 Action.

The decision-maker for Site Development Reviews 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 this Chapter. The decision-maker may approve, conditionally approve, or deny a Site Development Review based on the required findings in Section 8.104.090. Rev. Ord. 12-09 (July 2009); Ord. 27-08 (June 2008)

8.104.070 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. Rev. Ord. 12-09 (July 2009); Ord. 27-08 (June 2008); Ord. 14-06 (September 2006)

8.104.080 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 of the other permit shall apply. Rev. Ord. 12-09 (July 2009); Ord. 27-08 (June 2008)

8.104.090 Required Findings.

All of the following findings shall be made in order to approve a Site Development Review and shall be supported by substantial evidence in the public record:

A.    The proposal is consistent with the purposes of this Chapter, with the General Plan and with any applicable Specific Plans and design guidelines.

B.    The proposal is consistent with the provisions of Title 8, Zoning Ordinance.

C.    The design of the project is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed.

D.    The subject site is physically suitable for the type and intensity of the approved development.

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. Rev. Ord. 12-09 (July 2009); Ord. 27-08 (June 2008)

8.104.100 Construction Permits.

Building and Grading Permits shall not be issued except in accordance with the terms and conditions of the Site Development Review approval. Rev. Ord. 12-09 (July 2009); Ord. 27-08 (June 2008); Ord. 16-02 (October 2002)

8.104.110 Procedures.

The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except as otherwise provided in this Chapter. Rev. Ord. 12-09 (July 2009); Ord. 27-08 (June 2008)

8.104.120 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. Rev. Ord. 12-09 (July 2009); Ord. 27-08 (June 2008)