HomeMy WebLinkAboutOrd 08-95 Outdoor SalesORDINANCE NO. 8 - 95
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING CERTAIN PROVISIONS OF THE ZONING ORDINANCE
RELATING TO OUTDOOR SALES
The City Council of the City of Dublin does hereby ordain as follows:
Section 8.45.2 CONDITIONAL USES: H-1 DISTRICT of the City of Dublin Zoning
Ordinance, is hereby amended to read as follows:
"8-45.2 Conditional Uses: H-1 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 H-1 Districts, 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:
,
.
3.
4.
5.
6.
7.
8.
9.
10.
Retail store for the sale of gifts and supplies oriented to the needs of the
patrons of hotels, motels and restaurants and of highway travelers;
Commercial recreation facilities, if within an enclosed building;
Plant nursery, greenhouse;
Parking lot;
Drive-in Theater, Drive-in Business;
Service Station, Type A and Type B;
Motel; Hotel.
Recreational Vehicle Park; as regulated by Article 5 of this Chapter.
Boat and Recreational Vehicle Storage yard.
Adult Entertainment Activity provided, however, that no Adult Entertainment
Activity shall be located closer than 1,000 feet to the boundary of any
residential zoneor closer than 1,000 feet to any other Adult Entertainment
Activity.
B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL:
o
Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical
Conditions for said use
Outdoor Sales Not related to Qn-Site Established Business, in accordance
with adopted City of Dublin Typical Conditions for said use" *
II.
Sections 8-46.2.B. "3)" and "4)" are hereby added to Section 8-46.2 CONDITIONAL
USES: C-O DISTRICT of the City of Dublin Zoning Ordinance, to read as follows:
III.
"3)
Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical
Conditions for said use
Outdoor Sales Not Related to On-Site Established Business, in accordance
with adopted City of Dublin Typical Conditions for said use"
Sections 8-47.2.B."1)" and "2)" are hereby added to Section 8-47.2 CONDITIONAL
USES: C-N DISTRICTS of the City of Dublin Zoning Ordinance, to read as follows:
"1)
2)
Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical
Conditions for said use
Outdoor Sales Not Related to On-Site Established Business, in accordance
with adopted City of Dublin Typical Conditions for said use"
IV.
Mo
VI.
VII.
Sections 8-48.2.B. "2)" and "3)" are hereby added to Section 8-48.2 CONDITIONAL
USES: C-1 DISTRICTS of the City of Dublin Zoning Ordinance, to read as follows:
Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical
Conditions for said use
Outdoor Sales Not Related to On-Site Established Business, in accordance
with adopted City of Dublin Typical Conditions for said use"
Sections 8-49.2 .B. "2)" and "3)" are hereby added to Section 8-49.2 CONDITIONAL
USES: C-2 DISTRICTS of the City of Dublin Zoning Ordinance, to read as follows:
Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical
Conditions for said use
Outdoor Sales Not Related to On-Site Established Business, in accordance
with adopted City of Dublin Typical Conditions for said use"
Sections 8-50.3. CONDITIONAL USES: M-P DISTRICTS of the City of Dublin Zoning
Ordinance, is hereby amended to read as follows:
"Section 8-50.3 CONDITIONAL USES: M-P 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-P
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:
o
Public Utility Building, or Structure, but not including service yard, storage
of materials, or vehicles, or repair facilities;
Parking Lot:
Other Uses which are found by the Zoning Administrator to meet the
requirements of Section 8-50.1 of this Article.
B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL:
o
Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical
Conditions for said use
Outdoor Sales Not Related to On-Site Established Business, in accordance
with adopted City of Dublin Typical Conditions for said use"
Sections 8-51.3.B. "3)" and "4)" are hereby added to Section 8-51.3 CONDITIONAL
USES: M-1 DISTRICTS of the City of Dublin Zoning Ordinance, to read as follows:
"3)
Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical
Conditions for said use
Outdoor Sales Not Related to On-Site Established Business, in accordance
with adopted City of Dublin .Typical Conditions for said use"
Sections 8-52.2. CONDITIONAL USES: M-2 DISTRICTS of the City of Dublin Zoning
Ordinance is hereby amended to read as follows:
"Section 8-52.2 CONDITIONAL USES: M-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 an M-2
District and shall be permitted only if approved by Planning Commission or Zoning
Administrator, pursuant to Section 8-94.0 CONDITIONAL USES:
A. CONDITIONAL USES REQUIRING PLANNING COMMISSION APPROVAL:
o
.
.
.
6.
7.
8.
9.
Restaurant, retail store, or personal service establishment, when necessary
to serve the needs of the occupants of existing industrial buildings or
employees in the immediate vicinity:
Dumping, disposal, incineration or reduction of garbage, sewage, offal,
dead animals or refuse;
Salvage Yards;
Manufacture or bulk storage of acid, cement, explosive materials, fireworks,
fertilizer, gas, glue, gypsum, lime or plaster of Paris;
Abattoir, stockyard;
Kennel, animal hospital, menagerie (collection of wild or strange animals);
Drive-in Theater, amusement park, rate track;
Service Station, Type A or Type B;
Housemovers storage yard.
B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL:
o
Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical
Conditions for said use.
Outdoor Sales Not Related to On-Site Established Business, in accordance
with adopted City of Dublin Typical Conditions for said use"
IX.
Section 8.60.60.1 TEMPORARY USES. ADMINISTRATIVE CONDITIONAL USES of
the City of Dublin Zoning Ordinance is hereby 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:
.
.
3.
4.
5.
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;
Firewood sales lots in the A District (but no such permit shall be approved
for a period to exceed one year);
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;
Occupancy of a commercial office trailer for a period not to exceed one
year in any C or M District;
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."
Xl.
Sections 8-60.60.3. TEMPORARY USES. ZONING CLEARANCE of the City of Dublin
Zoning Ordinance, is hereby amended 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 effect 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 compliance with the City of Dublin
"Standard Requirements" for said use:
,
Seasonal/Holiday Sales Lots, including, but not limited to, Christmas Tree Sales,
Pumpkin Patch/Sales Lot, or other seasonal/holiday sales lot as determined by
the Planning Director.
,
Special Events, including, but not limited to, Arts & Crafts Fairs, Carnivals,
Farmers Markets, Festivals, Outdoor ("Sidewalk") Sales/Promotional Events by
Dublin businesses having an established location, Neighborhood/Church/School
Festivals, Recreational Events, Expositions and Street Fairs; and exempting City-
sponsored events such as the annual St. Patrick's Day Celebration.
3. Temporary construction trailer."
This ordinanCe shall take effect and be enforced thirty (30) days from and:after its
passage. Before the expiration of fifteen.(15) days after its passage, it shall be published once,
with the names of the Councilmembers voting for and against same, in a local newspaper
published in Alameda County and available in the City of Dublin.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 8th day of
August, 1995, by the following votes:
AYES:
Counciimembers Barnes, Burton, Howard, Moffatt and Mayor Houston
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:..~~ ~
Mayor
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