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HomeMy WebLinkAboutItem 6.5 Amend Muni Code ·' .' . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 24, 1992 SUBJECT: Public Hearinq PA 91-067 Dublin Municipal Ordinance Amendment Management Audit REPORT PREPARED BY: ~ó\ÀMaureen O'Halloran, Senior Planner EXHIBITS ATTACHED: Exhibit A: Draft Ordinance Amendment Management Audit RECOMMENDATION: ~) 2) ~ ~¡ 5) Open public hearing and hear Staff presentation. Take testimony from the public. Question Staff and the public. Close public hearing and deliberate. Waive second reading and adopt the Ordinance Amendment PA 91-067 Dublin Municipal Ordinance Amendment Management Audit FINANCIAL STATEMENT: None DESCRIPTION: On February 10, 1992, the City council held a public hearing on the Draft Ordinance Amendment relating to the Management Audit. At that meeting, the City Council adopted the resolution for the Negative Declaration, waived the reading and introduced the Draft Ordinance Amendment. The Praft Ordinance Amendment (Exhibit A) relates to Planning Commission, Planning Director and zoning Administrator authority, Administrative Conditional Use Permits, Conditional Use Permits, Parcel Maps, Signs, Site Development Review and establishing a new Zoning Clearance process. The Ordinance Amendments are being recommended as a result of the Management Audit conducted in July 1989 by Hughes, Heiss & Associates. Staff recommends the City Council waive the second reading and adopt the Draft Ordinance Management PA 91-067 DUblin Municipal Ordinance Amendment Management Audit. ---------~--~----------------------------------------------------- ITEM NO. ~ COPIES TO: General/Agenda File Application File Project Planner CITY FILE . . ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENPING CERTAIN PROVISIONS OF THE MUNICIPAL CODE AND ZONING ORDINANCE RELATING TO CONDITIONAL USE PERMIT, ADMINISTRATIVE CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW PROCESS The City Council of the City of Dublin does ordain as follows: Section 1. Section 2.12.080 ZONING AND PLANNING JURISDICTION - CONDITIONAL USE PERMITS of the City of Dublin Municipal Code is amended to read as follows: "Section 2.12.080 ZONING AND PLANNING JURISDICTION - CONDITIONAL USE PERMITS. A request for a conditional use permit shall be submitted to the Planning Commission, the Zoning Administrator, or Planning Director as provided in the City of Dublin Zoning Ordinance, except as hereafter set forth. The Planning Commission, Zoning Administrator, or Planning Director shall have the authority to approve, conditionally approve, or disapprove such requests. Appeals from the decision regarding a conditional use permit shall be taken to the Planning Commission or City Council by those parties and in the manner provided in the City of Dublin zoning Ordinance. [Historical Notes to be Added]" Section 2. Section 2.12.095 ZONING AND PLANNING JURISDICTION - ZONING CLEARANCE of the City of Dublin Municipal Code is hereby added to read as follows: "Section 2.12.095 ZONING AND PLANNING JURISDICTION - ZONING CLEARANCE. A request for Zoning Clearance shall be submitted to the Planning Director. The Planning Director shall have the authority to approve or disapprove such requests. Action of the Planning Director shall be final except as provided in the City of Dublin Zoning Ordinance Section 8-92.0 INTERPRETATION/ DETERMINATION OR REVIEW." Section 3. Section 2.12.100 ZONING AND PLANNING JURISDICTION - PARCEL MAP of the City of Dublin Municipal Code is amended to read as follows: "Section 2.12.100 ZONING AND PLANNING JURISDICTION - PARCEL MAP. Parcel maps shall be submitted to the Planning Director. The Planning Director shall have the authority to approve, conditionally approve or disapprove a parcel map. Appeals from the decision of the Planning Director regarding a parcel map shall be taken to the Planning Commission or City Council by those parties and in the manner provided in the City of Dublin Zoning Ordinance and the City of Dublin Subdivision Ordinance. (Ord. 23, Section 5, 1982)" - 1 - ExhIit A zonçtd2 ¡ V~2 . . Section 4. Section 2.12.120 ZONING AND PLANNING JURISDICTION - DISCRETION OF PLANNING DIRECTOR of the City of Dublin Municipal Code is amended to read as follows: "Section 2.12.120 ZONING AND PLANNING JURISDICTION - DISCRETION OF PLANNING DIRECTOR. The Planning Director shall have the discretion to refer an application for a variance, a conditional use permit, a parcel map, or a site development review to the Planning Commission for action. In such cases, an appeal from the decision of the Planning Commission shall be taken to the City Council by those parties and in the manner provided in the City of Dublin Zoning Ordinance. [Ordinance 23, Section 7, 1982J" Section 5. Section 2.12.130 APPEALS - PROCEDURE of the City of Dublin Municipal Code is amended to read as follows: "Section 2.12.130 APPEALS - PROCEDURES. An appeal may be taken to the Planning Commission or City Council by any property owner or other person aggrieved or by a city officer, department, board or commission affected by the action within the period and in the manner provided in the City of Dublin Zoning Ordinance. [Ordinance 11, Section 1, 1982]" section 6. section 8-46.2 CONDITIONAL USES: C-O DISTRICT of the City of Dublin Zoning Ordinance is amended to read as follows: "Section 8-46.2 CONDITIONAL USES: C-O DISTRICTS: In addition to the uses listed for Sections 8-60.60 TEMPORARY USES. CONDITIONAL USES and 8-61.0 CONDITIONAL USES. ALL DISTRICTS, the following are Conditional Uses in a C-O District and shall be permitted only if approved by the Planning Commission or Zoning Administrator pursuant to Section 8-94.0 CONDITIONAL USES: A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL: 1. Church, library, school, hospital, clinic; 2. Research or development laboratory, except those engaged in manufacture of products for commercial sale or distribution and excluding any which produces or is found likely to produce any smoke, dust, odors, glare or vibrations observable outside the building or portion thereof in such Usei 3. Parking loti 4. Public utility substation, not including service yard, storage of materials or vehicles, or repair facilities; 5. Community Identification Sign pursuant to Section 8-87.60.A.l SIGN CONDITIONAL USE PERMITS REQUIRING PLANNING COMMISSION APPROVAL. [Amended by Sec. 11, Ord. 69-23; Amended by Sec. 14, Ord. 70-57] B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL: 1. Pharmacy, limited to the sale of drugs and medical supplies; - 2 - zonard2:2j92 . . 2. Restaurant or retail store which serves primarily the occupants of existing buildings in the same district or their clients or patrons; 3. Pirectional Tract Sign pursuant to Section 8-87.60.B.l SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL; 4. Temporary Promotional (60 days) Signs pursuant to Section 8-87.60.B.2 SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL." Section 7. Section 8-47.2 CONDITIONAL USES: C-N DISTRICTS of the City of Dublin Zoning Ordinance is amended to read as follows: "Section 8-47.2 CONDITIONAL USES: C-N DISTRICTS. In addition to the uses listed in Sections 8-60.60 TEMPORARY USES. CONDITIONAL USES and 8-61.0 CONDITIONAL USES. ALL DISTRICTS, the following are Conditional Uses in a C-N District and shall be permitted only if approved by the Planning Commission or the Zoning Administrator pursuant to Section 8-94.0 CONDITIONAL USES: A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL: 1. Public utility substation, not including service yard, storage of materials, or vehicles, or repair facilities; 2. Parking lot; 3. Service Station, Type A; 4, Drive-In Business; 5. Community Identification Sign pursuant to Section 8-87.60.A.l SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL. [Amended by Sec. 16, Ord. 70-57] B. CONPITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL: 1. Directional Tract Sign pursuant to Section 8-87.60.B.l SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL; 2. Temporary Promotional (60 days) Signs pursuant to Section 8-87.60.B.2 SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL." Section 8. Section 8-48.2 CONDITIONAL USES: C-l DISTRICTS of the City of Dublin Zoning Ordinance is amended to read as follows: "Section 8-48.2 CONDITIONAL USES: C-1 DISTRICT. In addition to the uses listed in Sections 8-60.60 TEMPORARY USES: CONDITIONAL USES and 8-61.0 CONDITIONAL USES. ALL DISTRICTS, the following are Conditional Uses in C-1 Districts and shall be permitted only if approved by the Planning Commission or the Zoning Administrator pursuant to Section 8-94.0 CONDITIONAL USES: - 3 - .zonord2:2/92 . . A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL: 1. Hospital; 2. Community facility; 3. Animal Hospital, Kennel; 4. Clubhouse, or meeting rooms used by members of an organized club, lodge, union or society; 5. Mortuary; 6. Storage Garage, and storage lots for Recreational Vehicles and Boats; 7. Theatre, Drive-in Theatre; 8. Drive-in/Drive-Through Business; 9. Outdoor Seating/Eating; 10. Hotel, Motel, Boarding House; 11. Automobile Sales lot; 12. Service Station, Type A; or a facility retailing automotive parts and supplies which are installed and serviced on the site but does not include engine, transmission or differential rebuilding or body repair¡ 13. Plant nursery including the sale of landscaping materials, excluding wet-mix concrete sales, providing all equipment, supplies, and merchandise other than plant materials are kept within a completely enclosed building; 14. Tavern; 15. Adult Entertainment Activity, provided however, that no Adult Entertainment Activity shall be located closer than 1,000 feet to the boundary of any residential zone or closer than 1,000 feet to any other Adult Entertainment Activity; 16. Massage Parlor; 17. Recycling Centers, when operated in conjunction with a Permitted Use on the same premises; 18. In-patient or Out-patient health facilities as licensed by the State Department of Health Services; 19. Dance floors (public dances requiring a dance permit per Chapter 5.52 PUBLIC DANCES of the Dublin Municipal Code) ; 20. Fortunetelling¡ 21. Community Identification Sign pursuant to Section 8-87.60.A.l SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMI~SION APPROVAL 22. Time/Temperature and other changeable copy sign pursuant to section 8-87.60.A.2 SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL¡ 23. Special Easement Sign pursuant to Section 8-87.60.A.3 SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL; 24. Second Freestanding Sign pursuant to Section 8-87.60.A.4 SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL. B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL: - 4 - zonord2:2/92 . . 1. Commercial recreational facility located within a building (excluding dance floor, see Section 8- 48.2.A.17 and theatre, see section 8-48.2.A.7); 2. Directional Tract Sign pursuant to Section 8-87.60.B.l SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL; 3. Temporary Promotional (60 days) Signs pursuant to Section 8.87.60.B.2 SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL; 4. Freestanding sign pursuant to Section 8-87.60.B.3 SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL." section 9. Section 8-49.2 CONDITIONAL USES: C-2 DISTRICTS of the City of Dublin Zoning Ordinance is amended to read as follows: "Section 8-49.2 CONDITIONAL USES: C-2 DISTRICTS. In addition to the uses listed in Sections 8-60.60 TEMPORARY USES. CONDITIONAL USES and 8-61.0 CONDITIONAL USES. ALL DISTRICTS the following are Conditional Uses in C-2 Districts and shall be permitted only if approved by the Planning Commission or the Zoning Administrator pursuant to Section 8-94.0 CONDITIONAL USES: A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL: 1. Hospital; 2. Animal Hospital, Kennel; 3. Mortuary; 4. community Facility; 5. Drive-in Theatre, Recreation Facility (excluding recreation facility within a building, see Section 8-49.2.B.l); 6. Drive-in/Drive-through Business; 7 Outdoor Seating/Eating Restaurant; 8. Service Station, Type A and Type Bi 9. Automobile, camper, boat and trailer sales, storage or rental loti 10. Plant nursery including the sale of landscaping materials, excluding wet-mix concrete sales, proving all equipment, supplies and merchandise other than plant materials are kept within a completely enclosed building; 11. Auto Sales and.Service Agency 12. Tavern; 13. Adult Entertainment Activity provided, however, that nO Adult Entertainment Activity shall be located closer than 1,000 feet to the boundary of any residential zone or closer than 1,000 feet to any other Adult Entertainment activity 14. In-patient and out-patient health facilities as licensed by the State Department of Health Services 15. Dance Floor (public dances requiring a dance permit pursuant to Chapter 5.52 PUBLIC DANCES of the City of Dublin Municipal Code) - 5 - zonord2:2{92 . . 16. community Identification Sign pursuant to Section 8-87.60.A.l SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL; 17. Time/Temperature and other changeable copy sign pursuant to Section 8-87.60.A.2 SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL; 18. Special Easement Sign pursuant to Section 8-87.60.A.3 SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL; 19. Second Freestanding Sign pursuant to Section 8-87.60.A.4 SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL. B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL: 1. Recreation facility located within a building (excluding dance floor, see Section 8-49.2.A.13); 2. Directional Tract Sign pursuant to Seçtion 8-87.60.B.1 SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL; 3. Temporary Promotional (60 days) Sign pursuant to Section 8-87.60.B.2 SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL; 4. Freestanding Sign pursuant to Section 8-87.60.B.3 SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL." Section 10. Section 8-51.3 CONDITIONAL USES:. M-l DISTRICTS of the City of Dublin Zoning ordinançe is amended to read as follows: "Section 8-51.3 CONDITIONAL USES: M-l DISTRICTS. In addition to the uses listed in Sections 8-60.60 TEMPORARY USES: CONDITIONAL USES and 8-61.0 CONDITIONAL USES: ALL DISTRICTS the following are Conditional Uses in an M-l District, and shall be permitted only if approved by the Planning Commission or the Zoning Administrator, pursuant to Section 8-94.0 CONDITIONAL USES: A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL: l. Contractors or other outdoor storage yard for equipment and supplies, if conducted within an area enclosed by a solid wall or fence; 2. Animal Hospital, Kennel; 3. Storage of liquefied petroleum gas; 4. Drive-in Theatre; 5. sale at retail of building materials, or of industrial equipment or machinery; 6. Concrete or asphalt batching plant; 7. Serviçe Station Type A and Type B; 8. Adult Entertainment Activity, provided however that no Adult Entertainment Activity shall be located çloser than 1,000 feet to the boundary of any residential zone or çloser than 1,000 feet to any other Adult Entertainment Açtivity; - 6 - :onorCl2:2/92 . . 9. Dance Floor (public dances requiring a dance permit pursuant to Chapter 5.52 PUBLIC DANCES of the City of Dublin Municipal Code); 10. Other Uses which are found by the Planning Commission as may meet the intent of the district and the requirements of Section 8-51.8 PERFORMANCE STANDARDS: M-1 DISTRICTS; 11. Community Identification Sign pursuant to Section 8-87.60.A.l SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL; 12. Time/Temperature and other changeable copy sign pursuant to Section 8-87.60.A.2 SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL; 13. Special Easement Sign pursuant to Section 8-87.60.A.3 SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL; 14. Second Freestanding Sign pursuant to Section 8-87.60.A.4 SIGN CONDITIONAL USE PERMIT REQUIRING PLANNING COMMISSION APPROVAL. B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL: 1. Restaurant, retail store, or shop needed to serve the occupants of existing industrial buildings in the immediate vicinity; 2. Recreation facility, within an enclosed building (excluding dance floor, see Section 8-51.3.A.9); 3. Directional Tract Sign pursuant to Section 8-87.60.B.1 SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL; 4. Temporary Promotional (60 days) Sign pursuant to section 87.60.B.2 SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL¡ 5. Freestanding Sign pursuant to Section 8-87.60.B.3 SIGN CONDITIONAL USE PERMIT REQUIRING ZONING ADMINISTRATOR APPROVAL." Section 11. Section 8-60.60.1 TEMPORARY USES. ADMINISTRATIVE CONDITIONAL USES of the City of Dublin Zoning Ordinance is amended to read as follows: "Section 8-60.60.1. TEMPORARY USES. ADMINISTRATIVE CONDITIONAL USES. In any District minor temporary uses of land of a duration of 60 days or less, except as otherwise provided herein, having negligible or no permanent effects on the environment and that are categorically exempt from CEQA shall be permitted only if an Administrative Conditional Use Permit is approved by the Planning Director pursuant to Section 8-60.60.1.B TEMPORARY USES: ADMINISTRATIVE CONDITIONAL USES. A. Temporary Uses requiring Administrative Conditional Use Permit approval shall include, but not be limited to, the following: - 7 - 4onord:2: :2/9.2 . . 1. Carnivals, circus; 2. A single newspaper recycling bin for up to one year, sponsored by a Dublin-based bona fide church, school, neighborhood group or Dublin-based non-profit, non- restrictive civic or service organization as an accessory use to a lawfully existing principal use; 3. Arts and crafts fair - maximum two separate events for one-day each, per twelve (12) month period per lot, sponsored by a Dublin-based bona fide church, school, neighborhood group, or Dublin-based, non-profit, non- restrictive civic or service organization for the sale of handmade or handcrafted items for sale by the original artist; 4. Firewood sales lots in the A District (but no such permit shall be approved for a period to exceed one year); 5. Mobile home occupancy for a period of 1 year during construction of permanent living quarters on the same premises in any A or R District; 6. Occupancy of a commercial office trailer for a period not to exceed one year in any C or M District; 7. Tract and sales office/model complex with accessory signs during the period of construction and original sale of the buildings or lots in a new subdivision. B. The Planning Director shall make such investigations as are necessary to determine whether or not the proposed use conforms or may be conditioned to conform to the requirements and intent of this Chapter. If from the information submitted or developed upon investigation the Planning Director finds that compliance with the requirements and intent of this Chapter will be secured, the Administrative Conditional Use Permit shall be approved. If it is found that such compliance is not secure, the Permit shall be denied or approved subject to such specified conditions, changes, or additions as will assure such compliance. The order approving, conditionally approving or disapproving an Administrative Conditional Use Permit shall become effective five (5) days after the date of such action unless a written appeal is filed pursuant to the procedure specified in Section 8-102 APPEALS." Section 12. Section 8-60.60.3 TEMPORARY USES. ZONING CLEARANCE of the City of Dublin zoning Ordinance is hereby added to read as follows: "Section 8-60.60.3 TEMPORARY USES. ZONING CLEARANCE. In any District, the following minor temporary uses of land of a duration of 60 days or less having negligible or no permanent effects on the environment and that are categorically exempt from CEQA shall be permitted only if Zoning Clearance is given by the Planning Director. The Planning Director shall give Zoning Clearance upon determination that the proposed use is in - 8 - ~onord2:2/92 . . compliance with the City of Dublin "Standard Requirements" for said use: 1. Christmas tree sales lot or other seasonal/holiday sales lot as determined by the Planning Director; 2. Pumpkin patch/sales lot; 3. Neighborhood/school/church festivals located on-site; 4. Temporary construction trailer; 5. Grand-Opening Temporary Promotional Signs pursuant to Section 8-87.61.2 SIGNS REQUIRING ZONING CLEARANCE; 6. Temporary Promotional Signs. Promotional Signs 30 day time frame pursuant to Section 8-87.61.3 SIGNS REQUIRING ZONING CLEARANCE; 7. Temporary Off-Site Sale or Lease Signs pursuant to Section 8-87.61.4 SIGNS REQUIRING ZONING CLEARANCE Section 13. Section 8-87.60 SIGNS REQUIRING CONDITIONAL USE PERMITS of the City of Dublin Sign Ordinance is amended to read as follows: "Section 8-87.60 SIGNS REQUIRING CONDITIONAL USE PERMITS. Unless specifically prohibited by this Chapter, the following type of signs may be located in required yards, if a Conditional Use Permit is granted by either the Planning Commission or Zoning Administrator pursuant to Section 8-94.0 CONDITIONAL USES: A. SIGN CONDITIONAL USE PERMITS REQUIRING PLANNING COMMISSION APPROVAL: 1. Community Identification Sign, one hundred twenty (l20) square feet maximum area, twenty (20) feet maximum height, shall be located within one thousand (1,000) feet of the City's corporation boundary. Sign illumination shall not be intermittent and sign copy shall be limited to: a. the name of the community; b. information relating to the service clubs active in the area; c. community slogans or mottos; or d. directional information. 2. Time/Temperature Signs, including Electronic Readerboards, Business Bulletin Boards, and other Changeable Copy Signs on which the copy if manually or electrically changed, when used to promote items of general interest to the community such as time, temperature, and/or date. Wall-mounted Changeable Copy Signs shall be subject to compliance with Section 8-87.33, Ord. 18-88 WALL SIGNS AND PROJECTING SIGNS. Freestanding Changeable Copy Signs shall be subject to compliance with Sections 8-87.34 (18-88, 6-87) FREESTANDING SIGNS or 8-87.35 ALTERNATE TYPES OF FREESTANDING SIGNS. lOrd. No. 6-87, January 1987, 18-88 Historical Notes to be Added] - 9 - zonord2:2/92 zcnorð2.7./92 . . 3. Special Easement Signs, used as part of the permanent signage to designate, identify, or indicate the name(s) or business(es) of the owner or occupant of a premises in the immediate vicinity of the parcel upon which the sign is located. The premises said sign is designed to advertise must be located on a parcel of land without direct access or frontage on an improved public right- of-way. Said properties must be interconnected by a traversable vehicular roadway which is subject to a non-revocable, non-exclusive recorded access easement. Said signs may also be utilized to advertise the business(es) conducted, service(s) available or rendered, or the goods procured, sold, or available for sale upon the referenced nearby premises. lOrd. No. 6- 87, January 1987] When a Special Easement Sign is approved by the Planning Commission, the business(es) designated on said sign and the parcel on which the business(es) are located shall utilize the Special Easement Sign in lieu of any other Freestanding Sign or Alternate Type of Freestanding Sign on the parcel on which the business(es) is located. Special Easement Signs shall be subject to compliance with Sections 8- 87.34 FREESTANDING SIGNS or 8-87.35 ALTERNATE TYPES OF FREESTANDING SIGNS. 4. Two (2) freestanding signs on parcels of four (4) acres or greater in size located adjacent to I-580 or I-680 or the Flood Control Channel adjacent to I-580 or I-680. Said freestanding signs shall be located on separate frontages. For the purpose of determining the location, height and sign area of the second free- standing sign, the Alameda County Flood Control Channel property line adjacent to the freeway shall be deemed to be the property line for measuring pursuant to Sections 8-87.34.B)1) FREESTANDING SIGNS. LOCATION - 8-87.34.B)3) FREESTANDING SIGNS. SIGN AREAS. The second freestanding sign shall be subject to the following provisions: a) No second freestanding signs shall be permitted within the required front, side or rear yard setback areas. b) All second freestanding signs shall be located in a planter of appropriate dimensions. c) In no case shall a second freestanding sign be located within fifty (50) feet of the interstate freeway right-of-way. d) No freestanding sign shall project within a public right-of-way. lOrd. No. 6~87, January 1987; Ord. No. 18-88, September 1988] - 10 - . . B. SIGN CONDITIONAL USE PERMITS REQUIRING ZONING ADMINISTRATOR APPROVAL: 1. Directional Tract Sign, in any district, sixty-four (64) square feet maximum sign area for double-faced signage and thirty-two (32) square feet maximum sign area for single-faced signage; twelve (12) feet maximum height, shall not be illuminated, and shall not be located within six hundred sixty (660) feet of an interstate freeway. The size of the sign is not included as part of the aggregate sign area permitted on the property. lOrd. No. 7-86, May 1986; Ord. No. 18-88, September 1988] 2. Temporary Promotional Signs - Sixty Day (60) Time Frame (banners, pennants, flags, balloons, searchlights and similar advertising devices), when used for special promotional events, for periods that cumulatively do not exceed a maximum of sixty (60) days annually (any twelve (12) month period) and, on an individual promotional event basis, do not exceed fourteen (14) consecutive days of display. 3. Freestanding Signs in excess of twenty (20) foot height, located on parcels, or collections of parcels under common ownership and use, four (4) acres or greater in size, or single-use parcels one and one-half (1-1/2) acres or greater in size, with the maximum allowable height of thirty-five (35) feet and with the proposed size (area and height) and location pursuant to Section 8-87.34 FREESTANDING SIGNS." Section 14. Section 8-87.61 SIGNS REQUIRING ADMINISTRATIVE CONDITIONAL USE PERMIT of the City of Dublin Sign Ordinance is amended to read as follows: "Section 8-87.61 SIGNS REQUIRING ZONING CLEARANCE. The following types of signs may be located in required yards if Zoning Clearance is granted by the Planning Director pursuant to Section 8-98.0 ZONING CLEARANCE: 1. One Identification Sign per parcel in any district, when used to designate the name, or the name and use, of a multi- family residential use, public building, to inform the public as to the use of a lawful parking area, recreation area, or other open use permitted in the district. Identification Signs shall not exceed a maximum area of 24 square feet, unless a greater area is approved through the Administrative Conditional Use Permit process. The height of Identification Signs shall be as set forth in Section 8- 60.55 HEIGHT LIMITATIONS. lOrd. 6-87, January 1987] 2. Grand-Opening Temporary Promotional Signs (banners, pennants, flags, balloons, searchlights and similar advertising devices) in any district other than the - 11 - zonord2:2/92 . . Agricultural or Residential Districts when used for bona- fide grand opening functions within sixty (60) days of a business' initial occupancy and for a period not in excess of thirty (30) days. 3. Temporary Promotional Signs - Thirty (30) Day Time Frame (banners, pennants, flags, balloons, searchlights and similar advertising devices) when used for special promotional events for periods that cumulative do not exceed a maximum of thirty (30) days annually (any twelve (12) month period) and, on an individual promotional event basis, do not exceed fourteen (14) consecutive days of display. 4. Temporary Off-site Sale or Lease Signs which are intended for use solely as a notice of an offering for sale, lease, or rental of a parcel, structure or establishment of a premises in the immediate vicinity of the premises upon which the sign is located, where said premises is located on a parcel of land without direct access or frontage on an improved public right-of-way, and where said properties are interconnected by a traversable vehicular roadway which is subject to a non-revocable, non-exclusive recorded access easement. lOrd. No. 6-87, January 1987]" Section 15. Section 8-92.0 ADMINISTRATION OR ENFORCEMENT: APPEALS of City of Dublin Zoning Ordinance is hereby amended to read as follows: "Section 8-92.0 INTERPRETATION/DETERMINATION OR REVIEW. An Applicant, a person or persons directly affected, Commission member or Council member, may request Planning Commission review or interpretation of a nondiscretionary permit, requirement, decision or determination made or issued by any City of Dublin Staff relating to the administration or enforcement of the City of Dublin zoning regulations, approved plans, or conditions of approval pursuant to this section. 1. All requests for Planning Commission interpretation or review shall be filed with the Planning Department within five (5) days of the written decision/determination issued by Staff. 2. Such interpretation/review requests shall be submitted in written form presenting all pertinent factual information related to the interpretation request. 3. The Planning Director shall forward such factual information and Staff Report to the Planning Commission for review and interpretation as a non-public hearing item at a regularly scheduled Planning Commission meeting. 4. The Planning Commission may affirm, reverse or modify the Staff determination. - 12 - zonord2~2/92 . . 5. The Planning Commission determination shall become effective five (5) days after the determination is made unless an appeal is filed within said 5-day period pursuant to Sections 8-102.D - 8-l02.F APPEALS. Section 16. Section 8-94.1 CONDITIONAL USES: ACTION of the City of Dublin Zoning Ordinance is amended to read as follows: "Section 8-94.1 CONDITIONAL USES: ACTION. The Planning Commission or Zoning Administrator shall receive, hear and decide applications for a Conditional Use Permit and after the conclusion of the hearing may authorize approval or conditional approval of the proposed use if the evidence contained in or accompanying the application or presented at the hearing is deemed sufficient to establish that, under all circumstances and conditions of the particular case, the use is properly located in all respects as specified in Section 8-94.0 CONDITIONAL USES, and otherwise the Planning Commission or Zoning Administrator shall disapprove the application. In each case, notice of the hearing shall be given pursuant to Section 8-101.0 HEARINGS: NOTICE. [Amended by sec. 41, Ord. 70-57]." Section 17. Section 8-94.2 CONDITIONAL USES: CHANGES AND RENEWALS of the City of Dublin Zoning Ordinance is amended to read as follows: "Section 8-94.2 CONDITIONAL USES: CHANGES AND RENEWALS. The Planning Commission or Zoning Administrator shall receive, hear and decide applications to renew or extend the term of a Conditional Use or to modify or waive any condition previously imposed upon a Conditional Use, or upon a Use Permit issued prior to the effective date of this ordinance. Every such application shall be subject to the same procedure and regulations as set forth herein for a Conditional Use; except that the Planning Commission or Zoning Administrator shall have the discretion to refer applications approved through an appeal to the decision maker that heard the appeal. The Planning Director may grant approval of minor amendments to Conditional use Permits originally approved by the Planning Commission or City Council upon determination that the amendment is minor (including but not limited to a) physical expansion not to exceed 1,000 square feet, b) expansion of hours of operation, or c) operation expansion). (Amended by sec. 42, Ord., 70-57]" Section 18. Section 8-94.3 CONDITIONAL USES: of the City of Dublin Zoning Ordinance is follows: COMBINED APPLICATIONS amended to read as "Section 8-94.3 CONDITIONAL USES: COMBINED APPLICATIONS. If the proposed Conditional Use also requires Site Development Review, the combined Conditional Use Permit and Site Development Review applications shall be processed concurrently by the decision maker for the Conditional Use Permit and shall be subject to the requirements of Section 8-95.0 SITE DEVELOPMENT REVIEW of this Chapter. Disapproval of either constitutes - 13 - zonordz:2/92 . . disapproval of both the Conditional Use Permit and Site Development Review applications. Where the proposed Conditional Use Permit is accompanied by an application for a Variance pursuant to Section 8-93.1 VARIANCE PROCEDURE, the applications shall be processed concurrently by the decision maker for the Conditional Use Permit. [Amended by sec. 43. Ord. 70-57]" section 19. Section 8-95.0 SITE DEVELOPMENT REVIEW through Section 8- 95.8 SITE DEVELOPMENT REVIEW: PLAN MODIFICATION of the City of Dublin Zoning Ordinance is amended to read as follows: "Section 8-95.0 SITE DEVELOPMENT REVIEW: Section 8-95.010 INTENT/PURPOSE: Site Development Review is a discretionary review process intended to promote orderly, attractive and harmonious site and structural development compatible with individual site environmental constraints and compatible with surrounding properties and neighborhoods; to resolve major project-related issues including, but not limited to, building location, architectural and landscape design and theme, vehicular and pedestrian access and on-site circulation, parking and traffic impacts; to ensure compliance with development standards and general requirements established for Zoning and Planned Development Districts, including, but not limited to, setbacks, heights, parking, fences, accessory structures and signage; to stabilize property values; and to promote the general welfare. section 8-95.020 GUIDELINES: Site Development Review Guidelines shall be developed in a manner to be prescribed by the City Council. The purpose of the Guidelines is to establish design parameters and policies to assist in review and regulation of development projects. The policies shall include, but not be limited to, issues of setbacks, building design/architecture, landscaping, parking and signage. Section 8-95.030 APPLICABILITY: The following types of development shall be subject to Site Development Review unless a waiver is granted pursuant to Section 8-95.100 WAIVERS: 1. Any structure (new or existing) with 1000 square feet or greater of floor area, located within a C-O, C-N, C-1, C-2 or M-1 Zoning District. 2. Any new construction with an aggregate floor area of 1000 square feet or greater, located within a C-O, C-N, C-l, C-2 or M-l Zoning District. 3. Any modification to the exterior of structures with 1000 square feet or greater of floor area, located within the C-O, C-N, C-l, C-2 or M-1 Zoning District, including, but not limited to, building additions, new and/or additional windows and doors, roof or ground mounted mechanical equipment. - 14 - zemord2: 2/92 . . 4. Modifications to site layout or improvements in a C-O, C-N, C-l, C-2 or M-1 Zoning District, including, but not limited to, parking, fencing, circulation, landscape, accessory structures, trash enclosures. 5. Signage pursuant to Sections 8-87.33.B.1 WALL SIGNS AND PROJECTING SIGNS and 8-87.35 ALTERNATE TYPES OF FREESTANDING SIGNS. 6. Any modifications to exterior of structures, to signage, to site layout or to improvements located within a PD Planned Development District specifically requiring Site Development Review. 7. Any modification to exterior of structures, to site layout or to improvements for which previous Site Development Review has been approved. 8. Any new construction or modification to an existing structure or site located in any Zoning District which pursuant to this Chapter requires Site Development Review. Section 8-95.040 APPLICATION REQUIREMENTS: 1. When Site Development Review is required, an application shall be submitted to the Planning Department in proper form as provided in Section 8-100.0 APPLICATIONS: PETITIONS AND APPEALS: FORM AND SCOPE and as prescribed by the Planning Director. 2. When a project requiring Site Development Review also requires a Variance or a Conditional Use Permit, the Site Development Review request shall be submitted as part of the Variance or Conditional Use application and the requests shall be processed concurrently by the Planning Department pursuant to Section 8-94.3 CONDITIONAL USES: COMBINED APPLICATIONS and Section 8-93.1 VARIANCES: PROCEDURES. 3. A Site Development Review application shall be accompanied by a processing deposit and information and materials prescribed by the Planning Director including, but not limited to, a Site Elan prepared (unless waived by the Planning Director) by a licensed civil engineer, land surveyor, architect, landscape architect or a registered building designer, provided however, that the boundary and topographic survey on the site plan shall be prepared by a licensed civil engineer or land surveyor whose seal shall appear on said site plan. The site plan shall be drawn to scale and indicating clearly and with full dimensions the following informat~on: a) Parcel dimensions in distance and bearings; b) Existing and proposed buildings and structures--their location, size, height and use; - 15 - tonord2:2j92 .-.". . . c) Dimensions of yards and open spaces between buildings; d) Fences and walls--their location, height and materials; e) Parking spaces--their location, number, dimensions and internal circulation; f) Access-vehicular, pedestrian and service, with points of ingress and egress, internal circulation, design, and improvements; g) Street dedications and improvements--existing, and proposed, if any; h) Such other data as may be required under the circumstances of the case to permit the Planning Director to make the required findings. Where the proposed use includes any structures other than Dwellings, or any commercial or industrial use, the plan shall also show: i) signs: location, size, height and types of materials, and lighting; j) Loading spaces: their location, number, dimensions, and internal circulation; k) Lighting: its location and general nature. [Amended by Sec. 12, Ord. 68-27; amended by Sec. 46, Ord. 70-57] 4. If the Planning Director deems necessary report(s) including, but not limited to, Traffic Impact, Parking, Soils or Noise Studies may be required to be prepared by expert/qualified consultant(s) chosen by the Planning Director and shall be submitted with the Site Pevelopment Review application. The cost of said consultant(s) services shall be paid by the applicant. 5. The Planning Department shall review each Site Development Review application submittal for completeness and notify the applicant of any incomplete information or materials prescribed by the Planning Director for a complete application submittal. Section 8-95.050 PUBLIC NOTICE AND REVIEW: 1. Prior to taking action on a Site Development Review application, a minimum ten (10) day public noticed review and comment period shall be provided. 2. Such notice shall contain information on the project including, but not limited to, a brief project description, location, and duration of review period. 3. Such notice shall be mailed to all property owners within 300 feet of the project property boundaries as identified on the latest Alameda County assessment rolls. - 16 - zonord2:2j92 . . Section 8-95.060 ACTION: The Planning Director, upon conducting any necessary investigation and review of reports or recommendation from other applicable City departments or other interested public agencies, shall approve, conditionally approve or deny the Site Development Review request based on findings pursuant to section 8-95.070 FINDINGS. No public hearing is required, except the Zoning Administrator or Planning Commission shall conduct at least one (1) noticed public hearing and shall approve, conditionally approve or deny a Site Development Review request based on findings pursuant to Section 8-95.070 FINDINGS, when processing a Site Development Review application concurrently with a Variance or Conditional Use Permit pursuant to Section 8-94.3 CONDITIONAL USES: COMBINED APPLICATIONS and Section 8-93.1 VARIANCE: PROCEDURE. The Planning Director or Zoning Administrator may refer an application normally reviewed by the Planning Director or Zoning Administrator to the Planning Commission for review when deemed in the best interest of the public health, safety or welfare. 8-95.070 FINDINGS: Approval of a Site Development Review request must be based on the following findings: 1. The approval of the application is consistent with the intent/purpose of this section 8-95.0 SITE DEVELOPMENT REVIEW. 2. The approval of the application, as conditioned, complies with the General Plan and with District (or Planned Development) Regulations and the General Requirements established in the Zoning Ordinance. 3. The approval of the application, as conditioned, is in the best interests of the public health, safety and general welfare. 4. The proposed site development, including site layout, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements has been designed to provide a desirable environment for the development. 5. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project in order to insure compatibility of this development with the development's design concept or theme and the character of adjacent buildings and uses. 6. Landscape considerations, including the locations, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to insure visual relief and an attractive environment for the public. - 17 - zonor4~~2/92 . . Section 8-95.080 APPEALS: The appeal of actions relating to Site Development Review shall be subject to the provisions of Section 8-102.0 APPEALS. Section 8-95.090 TIME LIMITS/EFFECTIVE: 1. Unless appealed, action on the Site Development Review request shall become effective/valid 10 days after the decision of the Planning Director; or the Zoning Administrator or Planning Commission for combined applications. 2. Building permits shall not be issued except in accordance with the terms and conditions of the Site Development Review approval. 3. Upon approval of a Site Development Review request and upon subsequent development of a building site with Site Development Review approval, the use of the building site thereafter shall be subject to compliance with the approved plans and details and subject to the conditions of approval of said Site Development Review approval. 4. If building permits are not issued and construction commenced within two (2) years of the Site Development Review approval date, the Site Development Review approval shall lapse and become void. 5. If the Site Development Review approval expires pursuant to Section 8-95.070.4 FINDINGS a new application must be submitted and processed pursuant to Section 8-95.0 SITE DEVELOPMENT REVIEW. Section 8-95.l00 WAIVERS. The Planning Director may waive the requirement for site Development Review upon receiving a written request (including statement requesting Site Development Review waiver and plans detailing proposal) from the applicant and upon determination that the proposal is a minor project and the plans submitted are in accord with the intent/purpose of this Section 8-95.0 SITE DEVELOPMENT REVIEW. All Site Development Review Waivers must be granted in written form. Section 8-95.110 REVISIONS/PLAN MODIFICATIONS. The Planning Director shall hear and decide applications to modify any Plan approved or condition set forth under Site Development Review, except in cases where the original Site Development Review was approved by the Planning Commission or City Council. In such case, the City Councilor Planning Commission shall hear and decide the request, subject to the same procedure and regulations as those applicable to the original application. The Planning Director may grant Site Development Review Waiver even for applications originally approved by the Planning Commission and City Council upon determination that the modification is minor and in accordance with Section 8-95.100 WAIVERS. [Amended by Sec. 50, Ord. 70-57]" - 18 - tonord2:2j92 . . Section 20. Section 8-98.0 ZONING CLEARANCE PROCEDURES of the City of Dublin Zoning OrdinQnce is hereby added to read as follows: Section 8-98.0 ZONING CLEARANCE PROCEDURES: Section 8-98.010 INTENT/PURPOSE: Zoning Clearance is a non- discretionary review process intended to expedite the processing time of certain proposed temporary uses pursuant to Section 8-60.60.3 TEMPORARY USES. ZONING CLEARANCE for which the proposal is in compliance with the provisions of this Section 8-98.0 ZONING CLEARANCE PROCEDURES and with the City of Dublin Standard Requirements for Temporary uses. Section 8-98.020 APPLICABILITY: Zoning Clearance shall be required prior to establishment of any temporary use specifically identified under Section 8-60.60.3 TEMPORARY USES: ZONING CLEARANCE. Section 8-98.030 APPLICATION REQUIREMENTS: 1. When Zoning Clearance is required, an application shall be submitted to the Planning Department in proper form as prescribed by the Planning Director. 2. A Zoning Clearance application shall be accompanied by a processing fee established and set by the City Council, and shall be accompanied by information and materials prescribed by the Planning Director including, but not limited to: a. Site Plan; b. Written Statement describing in detail the proposed temporary use and agreement of compliance with the City of Dublin Standard Requirements for Temporary Uses; and c. Property owner authorization to establish temporary use. 3. The Planning Department shall review each Zoning Clearance application for completeness including compliance with the Standard Requirements for Temporary Uses and shall not accept any application which is not complete and/or does not comply with the Standard Requirements for Temporary Uses. Section 8-98.040 ACTION: 1. The Planning Pirector shall approve all Zoning Clearance requests that are in compliance with the City of Dublin Standard Requirements for Temporary Uses. The Planning Director shall deny all Zoning Clearance requests which are not in compliance with the Standard Requirements for Temporary Uses. 2. The Planning Director shall provide Notification of Action to the applicant of all Zoning Clearance requests. - 19 - =onord2:~/92 . . 3. The Planning Director shall maintain records of the Action taken on all Zoning Clearance requests. 8-98.050 APPEALS: The Action of the Planning Director shall be final except as provided in Section 8-92.0 INTERPRETATION/ DETERMINATION OR REVIEW. Section 8-98.060 TIME LIMITS/EFFECTIVE: 1. Action of a Zoning Clearance application shall become effective/valid on the date of the Action. 2. The duration of a Zoning Clearance approval for establishment of a temporary use shall not exceed 60 days within a l2-month period. Section 8-98.070 REVISIONS/MODIFICATIONS: The Planning Director may approve minor modifications to an approved Zoning Clearance application without requirement for submittal of an additional processing fee pursuant to Sections 8-98.040.2 ACTION and 8- 98.040.3 ACTION. Section 21. Section 8-102.0 APPEALS of the City of Dublin Zoning Ordinance is amended to read as follows: "Section 8-102.0 APPEALS. A. The Planning Commission shall be the Appeal Board for any decision of the Planning Director or Zoning Administrator regarding Tentative Parcel Map, Variance, Site Development Review, Conditional Use Permit, or Administrative Conditional Use Permit applications in compliance with this section. B. The City Council shall be the Appeal Board for any decision of the Planning Commission in compliance with this section. C. Appeal Periods. Any property owner or other person aggrieved, or an officer, department, board or commission may file an appeal within the following appeal periods: 1. Tentative Parcel Map: An appeal may be filed within 15 days of the date of action pursuant to Municipal Code Section 9.08.100 SUBDIVISIONS. GENERAL PROVISIONS. 2. Variance: An appeal may be filed within 10 days of the date of action in compliance with this section. 3. Site Development Review: An appeal may be filed within 10 days of the date of action in compliance with this section. 4. Conditional Use Permit: An appeal may be filed within 10 days of the date of action in compliance with this section. - 20 - zonord2:2/92 . . 5. Administrative Conditional Use Permit: An appeal may be filed within 5 days of the date of action in compliance with this section. D. Appeals shall be filed in writing with the City Clerk. Such appeals shall reference the Planning Application number, and shall fully state the extent of the appeal and the reasons and grounds for the appeal. Appellants shall be subject to payment of an appeal fee as may be established by the City council. Submittal of current mailing labels for property owners within a 300 foot radius, envelopes and postage may be required to accompany all appeals subject to Planning Director determination. E. The Appeal Board shall hold at least one (l) noticed public hearing on any appeal. F. The Appeal Board may affirm, reverse or modify the previous decision. Section 22. Section 9.Q4.040.A GENERAL RESPONSIBILITIES of the City of Dublin Municipal Code is amended to read as follows: "A. The Planning Commission is the advisory agency for the approval, conditional approval, or disapproval of tentative subdivision maps for five (5) or more parcels. The Planning Director or Planning Director's designated representative is the advisory agency for the approval, conditional approval or disapproval of tentative parcel maps and any other subdivision matters and is responsible for analyzing the design and coordinating the processing of proposed subdivisions within the city departments and public agencies and, upon appeal, reporting thereon to the Planning Commission or City Council." section 23. Section 9.08.l00.A APPEALS of the City of Dublin Municipal Code is amended to read as follows: "A. The Planning Commission shall be the Appeal Board for decisions of the Planning Director, zoning Administrator or Planning Director's.designated representative. The City Council shall be the Appeal Board for decisions of the Planning Commission." Section 24. Section 9.08.100.C APPEALS of the City of Dublin Municipal Code is amended to read as follows: "C. Within fifteen (15) calendar days after action, the subdivider may appeal any action of the advisory agency. Appeals shall be submitted in writing to the City Clerk. Such appeals shall reference the tentative map number and shall state fully the nature and extent of the appeal and - 21 - z.onord2::2/92 . . . the reasons why it is taken. Such appeal and the hearing thereon shall be conducted in the manner provided by Government Code Section 66452.5(a) and (b), and by subsection F of this section." Section 25. This Ordinance shall take effect and be in force 30 days following its 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 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this 24th day of February, 1992, by the following votes: AYES: NOES: ABSTAIN: ABSENT: Mayor ATTEST: City Clerk - 22 - ~onard2:2/92