HomeMy WebLinkAbout4.03 Amend Zoning Ord Title 8
CITY CLERK
File # Da][5]~-~ra
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 21,2006
Minor amendments to various Chapters of Title 8 (Zoning Ordinance) of
the Dublin Municipal Code for P A 06-054.
Report prepared by: Swathi Boreda, Assistant Planner and Kristi
Bascom, Senior Planner M>
ATTACHMENTS: Staff Report from November 7, 2006 City Council meeting, including
,~oposed Ordinance.
RECOMMENDATION:" Waive reading and adopt the Ordinance amending the various Chapters
(>~ of Title 8 (Zoning Ordinance) of the Dublin Municipal Code.
SUBJECT:
FINANCIAL STATEMENT: None.
DESCRIPTION:
Sine the last major revision in 2002, the Zoning Ordinance has revealed several areas where the document
requires further clarification, improvement, and minor modifications to be more easily understood by Staff
and members of the public. As minor inconsistencies, errors, and other needed clarifications were noted
by Planning and Code Enforcement Staff, a list was compiled so all of the amendments could be analyzed
at once. These amendments were compiled into the proposed Ordinance and the explanation for each
change explained in the November 7,2006 City Council Agenda Statement. (Attachment 1)
At the November 7,2006 City Council meeting, the Council considered the proposed amendments to Title
8 (Zoning Ordinance) of Dublin Municipal Code. The City Council heard the Staff presentation, opened
the Public Hearing, reviewed and approved the proposed amendments to the Dublin Zoning Ordinance.
The Zoning Ordinance amendment action requires a second reading of the Ordinance before the text of the
Zoning Ordinance can be amended and made effective. This is the action the City Council is considering
at this meeting.
RECOMMENDATION:
Staff recommends that the City Council waive the reading and adopt the Ordinance amending the various
Chapters of Title 8 (Zoning Ordinance) of the Dublin Municipal Code.
COPY TO: In-House Distribution
File
ITEM NO.
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 7,2006
SUBJECT:
PUBLIC HEARING City of Dublin Zoning Ordinance
Amendments (P A 06-054) - Minor amendments to various Chapters of
Title 8 (Zoning Ordinance) of the Dublin Municipal Code including
Chapter 8.08, Definitions; Chapter 8.12, Zoning Districts and Permitted
Uses of Land; Chapter 8.36, Development Regulations; Chapter 8.64,
Home Occupations Regulations; Chapter 8.76, Off-Street Parking and
Loading Regulations; Chapter 8.84, Sign Regulations; and Chapter
8.108, Temporary Use Permit Regulations.
Report prepared by Swathi Boreda, Assistant Planner and Kristi
Bascom, Senior Planner
ATTACHMENTS:
1) Ordinance amending various Chapters of Title 8 (Zoning Ordinance)
of the Dublin Municipal Code.
2) Planning Commission Resolution No. 06-44 recommending that the
City Council adopt an Ordinance amending various Chapters of Title
8 (Zoning Ordinance) of the Dublin Municipal Code, with draft
Ordinance attached as 'Exhibit A.
3) Draft Planning Commission Meeting Minutes dated October 10,
2006.
RECOMMENDATI';IN: 1)
2)
('JU ~ ~~
~ 5)
6)
Open Public Hearing;
Receive Staff Presentation;
Receive Public Testimony;
Close Public Hearing;
Deliberate; and
Waive the reading and INTRODUCE the Ordinance (Attachment 1)
amending various Chapters of Title 8 (Zoning Ordinance) of the
Dublin Municipal Code.
FINANCIAL STATEMENT: None
COPIES TO: In House Distribution
File
Page 1 of8
4,3 11-21~Dlo !n!CDENT
PROJECT DESCRIPTION:
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Background
On September 17,2002, the City Council adopted a comprehensive revision of Title 8 (Zoning Ordinance)
of the Dublin Municipal Code (Ordinance No. 16-02). The comprehensive revision consisted of
amendments to various Chapters of the Dublin Municipal Code (Zoning Ordinance) including Chapter
8.08, Definitions; Chapter 8.12, Zoning Districts and Permitted Uses of Land; Chapter 8.36, Development
Regulations; Chapter 8.40, Accessory Structures and Uses Regulations; Chapter 8.64, Home Occupations
Regulations; Chapter 8.76, Off-Street Parking and Loading Regulations; Chapter 8.84, Sign Regulations;
Chapter 8.104, Site Development Review Regulations; Chapter 8.108, Temporary Use Permit
Regulations; and Chapter 8.144, Enforcement Regulations.
Implementation of the Zoning Ordinance, since the 2002 revision, has revealed several areas where the
Ordinance requires further clarification, improvement, and minor modifications to be more easily
understood by Staff and members of the public. As minor inconsistencies, errors, and other needed
clarifications were noted by Planning and Code Enforcement Staff, a list was compiled so all of the
amendments could be analyzed at once.
PLANNING COMMISSION ACTION:
The Zoning Ordinance (Chapter 8.120) requires that all Zoning Ordinance amendments be heard by the
Planning Commission. Following the public hearing, Chapter 8.120 of the Dublin Zoning Ordinance
requires that the Planning Commission shall make a written recommendation to the City Council whether
to approve, approve with modifications, or disapprove the proposed amendments.
At the October 10, 2006 Planning Commission public hearing, the Commission considered the proposed
amendments to Title 8 (Zoning Ordinance) of Dublin Municipal Code. The Planning Commission heard
the Staff presentation. During the discussion following the Staff presentation, the Commission noted that
the current definition of a Community Facility in the Dublin Zoning Ordinance did not include community
theaters. The Commission indicated that it may be appropriate for community theaters to be explicitly
called out under the definition of Community Facilities and suggested that this amendment be included
among the next round of amendments to the Dublin Zoning Ordinance. At the end of a brief discussion,
the Planning Commission approved (on a vote of 4-0-1) Resolution No. 06-44 recommending that the
City Council adopt an Ordinance amending various Chapters of Title 8 (Zoning Ordinance) of the Dublin
Municipal Code.
ANALYSIS:
The proposed changes to each Chapter and Section of the Zoning Ordinance are described below, and the
specific text amendments are shown in the Ordinance incorporated as Attachment 1. The page number of
the Ordinance (Attachment 1) where the specific text amendment can be found is noted at the end of each
description.
1. Chapter 8.08, Definitions. The proposed amendments to Chapter 8.08 are as follows:
a) Museum. The word "Museum" is proposed to be added to the definition of a Community
Facility. The definition of the term "Community Facility" identifies a list of uses or
buildings such as a library, college, etc., that may be considered as community facilities.
Page 2 of8
3 Chi lQ
Staff proposes to include "museum" under this land use type as it is comparable ih"'purpose,
use and operation to other uses classified as community facilities. (Page 2 of Attachment 1)
b) Large and Small Family Day Care. The terms "Large/ Family Day Care" and "Small/
Family Day Care" have been proposed to read as "Family Day Carel Large" and "Family
Day Carel Small" so that the terms may be moved to be placed in the appropriate
alphabetical order, among words starting with letter "F" for "Family Day Care." This aids
easy access of the definition of the term "Family Day Care." These terms are currently
located among terms starting with letter "L" for Large Family Day Care and "s" for Small
Family Day Care. Also, for consistency with State Law, the Small Family Day Care
definition is proposed to be amended to read as a facility that can provide care for up to 8
children and the Large Family Day Care definition is proposed to be amended to read as a
facility that can provide care for up to 14 children. State Law allows a varying number of
children to be cared for both at the Small and Large Family Day Care level depending on
the age of the children and the number of caregivers at the facility. (Page 2 of Attachment
1)
c) Main Building. The definition of the term "Main Building" refers to the definition of
"Principal Structure." However, there is no definition of "Principal Structure" included in
the Zoning Ordinance. There is, however, a definition for "Principal Building." The
proposed amendment is to change the reference from "Principal Structure" in the Main
Building definition to "Principal Building." (page 2 of Attachment 1)
d) Tattoo and Body Piercing. The words "tattoo and body piercing" are proposed to be
added to the definition of "Personal Services" which include uses such as nail salon, beauty
parlor, barber shop, tanning salon, etc. Staff proposes to include this use as it is comparable
to a beauty parlor or a salon in the operating characteristics of the use. (Page 2 of
Attachment 1)
e) Recording Studio. The words "Recording Studio" are proposed to be added to the
definition of the term "Recreational Facility/Indoor." An Indoor Recreational Facility use
has many of the same types of characteristics and land use impacts that a recording studio
could have, including potential noise impacts on adjacent properties, non-typical peak
operating hours, and several people convening at the same time to use the facility as a
group. In a memorandum dated May 18, 2004, the Community Development Director
determined that a Recording Studio land use is substantially similar to other Indoor
Recreational Facility land uses and that it shall be permitted in the same manner and in the
same Zoning Districts where an Indoor Recreational Facility is permitted (such uses are
permitted conditionally and must meet the purpose and the intent of the Zoning District
that applies to the site in order to be approved). This determination is proposed to be
added to Section 8.08 as part ofthis amendment. (Page 2 of Attachment 1)
f) Recreational Vehicle. The words "and other vehicles determined to be substantially
similar to the above by the Director of Community Development" are proposed to be added
to the definition of "Recreational Vehicle" to provide clarity as to who the decision maker
is regarding vehicles that are appropriate to be considered and regulated as a Recreational
Vehicle. (Pages 3 of Attachment 1)
g) Salvage and Wrecking Yards. The words "inoperable vehicles" is proposed to be added
to the definition of Salvage and Wrecking Yards (use type). Currently, a Salvage and
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Wrecking Yard use type is defined to include lots for the handling and stor';k~}\fcrap
metal, paper, rags or discarded, salvaged materials, including automobile wrecking yards,
junk yards and storage of salvaged house wrecking, and structural steel
materials/equipment. The storage of inoperable vehicles land use is similar to the Salvage
and Wrecking Yards land use type, both in potential impacts and operating characteristics.
Therefore, it is proposed to be regulated and permitted in the same manner as a Salvage
and Wrecking Yard. (Page 3 of Attachment 1)
h) Traffic Visibility Area. The Traffic Visibility Area diagram is proposed to be amended to
rectify an error. The diagram indicates the "back of the curb" incorrectly. (Page 3 of
Attachment 1)
2. Chapter 8.12, Zoning Districts and Permitted Uses of Land, Section 8.12.050, Permitted and
Conditionally Permitted Uses of Land has been proposed to be amended to reflect changes
proposed to the Chapter 8.08 (Definitions). The terms "Family Day Care/Large" and "Family Day
Care/Small" in the Residential Use Types table have been amended to reflect the proposed
amendments to these terms as described under Chapter 8.08. (Page 3 of Attachment 1)
3. Chapter 8.36, Development Regulations. The proposed amendments to Chapter 8.36 are as
follows:
a) Section 8.36.050.B.3, Compensating Provision of Side Yard. The Zoning Ordinance
presently contains language for the compensating provision of Rear Yard and Side Yard,
where a structure can intrude into the required Rear Yard or Side Yard Setback as long as
the area covered in the Rear Yard or the Side Yard is compensated for by an equal area
open in other portions of the lot. This flexibility allows homes to be placed on irregularly
shaped lots without negatively impacting the design of the homes. However, allowing
structures to encroach into the required the Street Side Yard Setback tend to have higher
visual impacts on the overall appearance of a neighborhood, particularly from the public
right of way. Additionally, structures too close to the street may impact traffic visibility at
street comers, thus creating unsafe conditions. Therefore, the proposed amendment is to
add the words "The Compensating Provision of Side Yard exception is not applicable to a
Street Side Yard" to explicitly clarify that the compensating provision may not be used to
allow structures to project into the required minimum Street Side Yard Setback. (Page 3 of
Attachment 1)
b) Section 8.36.100.A, Applicability of Coverage Regulations. The proposed modification
is to allow one 120 square foot accessory structure to be exempt from the lot coverage
regulations on all residential properties of all sizes within the City. Currently, this
exemption is only provided to lots smaller than 5,000 square feet in size. The intent behind
allowing the exemption to all properties, regardless of lot size, is to permit all residents to
have at least one shade structure on their property for the enjoyment of their rear yard, even
if they have already reached maximum lot coverage due to the size of their house as it
compares to the size of their lot. In 2002, the Planning Commission approved an
amendment to the Planned Development Zoning Districts in several Dublin Ranch
neighborhoods to allow this same lot coverage exemption on lots smaller than 5,000 square
feet. Following the 2002 Planned Development Zoning District amendment, in an effort to
provide the same allowance for all residents on small lots citywide, the Zoning Ordinance
was amended to provide this exemption for all lots under 5,000 square feet. In an effort to
be equitable to all residentially-zoned properties in the City, this proposed amendment will
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permIt a propertIes, regar ess 0 sIze or geograp IC ocatlOn, t e same a 1 Ity to construct
a small detached shade structure, shed, patio cover, gazebo, or similar structure on their lot,
not to exceed 120 square feet in size. (Pages 3-4 of Attachment 1)
4. Chapter 8.64, Home Occupations Regulations, Section 8.64.030.C, Construction Equipment /
Work Vehicles. This section makes a reference to another section of the Dublin Municipal Code
titled "Company Vehicles", but indicates an incorrect section number. The proposed amendment is
to rectify that error. (Page 4 of Attachment 1)
5. Chapter 8.76, Off Street Parking and Loading Regulations. The proposed amendments to
Chapter 8.76 are as follows:
a) Section 8.76.070.A.7.e, Minimum parking dimensions. The total width ofa double-row
parking layout is the sum of the depths of both rows of parking stalls and the central aisle.
Table 76-1 lays out the minimum required depth of the parking stall (Column C), minimum
required width of the central aisle (Column D) and the corresponding total width of a
double row parking layout ( Twice Column C + Column D = Column F) corresponding to
each type of angled parking arrangement (Column A). However, the total width of a
double-row parking layout (Column F of Table 76-1) does not add up correctly with the
sum of the aisle width (Column D) and twice the parking stall depth (twice Column C).
The indicated dimension is two feet in excess of what it would be when summed correctly.
Therefore, an amendment has been proposed to rectify the math error. (Page 4 of
Attachment 1)
b) Section 8.76.070.A.25, Vehicle Parking on posted private property is proposed to be
amended to clarify that vehicles may not be parked on private property for the purposes of
advertising the vehicle for sale without the permission of the property owner. This
amendment is intended to curtail the parking of for-sale vehicles in high-visibility areas
such as shopping centers on busy thoroughfares without the explicit permission of the
property owner. (Page 4 of Attachment 1)
b) Section 8.76.080.B, Parking Requirements by Use Type/Residential Use Types is
proposed to be amended to reflect changes proposed to Chapter 8.08 (Definitions),
specifically, the terms "Large/ Family Day Care" and "Small/Family Day Care" have been
amended to reflect the proposed amendments to these terms under Chapter 8.08.
Additionally, "Mobile Home" has been removed from the same category as Single Family
Home/Duplex, since Mobile Home has its own category and was inadvertently listed under
both. (Pages 5 of Attachment 1)
6. Chapter 8.84, Sign Regulations. The proposed amendments to Chapter 8.84 are as follows:
a) The definition of Temporary Promotional Signs under Section 8.84.020.NN is proposed to
be amended to include "Searchlights", which are often associated with temporary
promotional events, and to include the words "Grand Opening events" which are also
associated with the installation of temporary promotional signs. This amendment is being
proposed along with an amendment to Section 8.84.050.T. Temporary Promotional Signs,
which also addresses the process by which the use of searchlights can be approved. (Page
5 of Attachment 1)
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b) The "Permanent Banner" signs under Section 8.84.030 Matrix A, Sign Approvafs and
Decision maker Authority by Zoning District is proposed to be amended such that a
Permanent Banner Sign is approved by means of a "MSP/SDR" (Master Sign Program!
Site Development Review) as indicated under Section 8.84.040 Matrix B, Sign
Development Regulations. Currently, Matrix A indicates that the process by which a
Permanent Banner may be approved is "SDR (ZA)" (Site Development Review (Zoning
Administrator)). This is incorrect and inconsistent with Section 8.84.050 N and 8.84.040
Matrix B of the Sign Regulations. This amendment is, therefore, proposed to rectify an
error in Matrix A. Second, a correction is proposed to note that the approval of a "Coming
Soon" sign is done through a Zoning Clearance, which is the mechanism by which other
Temporary Promotional Signs are approved. (Page 5 of Attachment 1)
c) Section 8.84.040 Matrix B, Sign Development Regulations is proposed to be amended to
include the words "one per business or tenant frontage with maximum of three frontages"
under the maximum number of signs for a Wall sign. This language is currently provided
under Section 8.84.110.A.7 of the Dublin Zoning Ordinance. Therefore, it is proposed to
also include this information in Matrix B to ensure consistency. (Pages 6 of Attachment 1)
d) Section 8.84.050.0, Pole Signs is proposed to be deleted. A Pole Sign is a type of a
Freestanding Sign and is regulated as a Freestanding Sign pursuant to Section 8.84.120
(Freestanding Sign General Regulations), by means of a Site Development Review or a
Building Permit, depending on the height and location of the sign. The amendment is
proposed to resolve the inconsistency and remove a duplicate section. (Page 6 of
Attachment 1)
e) Section 8.84.050.R, Service Station Signs makes an incorrect reference to Section
8.84.050.P Service Station Display Structures. It is actually Section 8.84.050.Q that
corresponds to "Service Station Display Structures", not Section 8.84.050.P. The proposed
amendment is to rectify this error. (Page 6 of Attachment 1) .
1) Section 8.84.050.T, Temporary Promotional Signs is proposed to be amended to include
additional language that addresses "Searchlights." This amendment is proposed to clarify
the permit process applicable to "Searchlights", which are a type of Temporary
Promotional Sign. The definition of Temporary Promotional Signs identifies
"Searchlights" as one of the various types of temporary signs. However, the Zoning
Ordinance does not explicitly provide for a method by which a request for a Searchlight
may be processed. Searchlights are often large in size and comparable to a large holiday
balloon. Therefore, Staff has been using the Zoning Clearance process and the time limits
by which a large holiday balloon is regulated for Searchlights. The proposed amendment is
to explicitly state the applicable permit process (Zoning Clearance) and the time limits
(similar to large holiday balloons) in the Zoning Ordinance. (Pages 6-7 of Attachment 1)
g) Section 8.84.110.A.7, Number of Building Frontages is proposed to be amended to
include the words "with maximum one wall sign per tenant frontage." This Section is part
of a Section titled "Regulations for Wall Signs and Projecting Signs." The above indicated
words are proposed to be included to further clarify the intent by including language that
explicitly states the regulation. (Page 7 of Attachment 1)
h) Section 8.84.140.C, Holiday Lights and Decorations is proposed to be amended to
include language that clarifies that holiday decorations, including large balloons associated
Page 60f8
with holiday events are exempt from sign permit requirements when located in ~~dn~al
Zoning Districts. (Page 7 of Attachment 1)
7. Chapter 8.108, Temporary Use Permit. The proposed amendments to Chapter 8.108 are as
follows:
a) Section 8.108.010, Purpose. A change is proposed to add the words "and other temporary
land uses determined to be similar by the Director of Community Development" to provide
clarity as to who the decision maker is regarding land uses that may be considered
appropriate to be deemed as minor temporary land uses and approved pursuant to
Temporary Use Permit regulations. (Page 7 of Attachment 1)
b) Section 8.108.020. I, Outdoor sales by Established Businesses. This section is proposed
to be amended to include the words "a minimum waiting period of 3 consecutive calendar
days between Temporary Use Permits is required." This amendment is proposed to codify
an administrative policy that Staff has been using related to Temporary Outdoor Sales.
Section 8.108.020.1 currently allows a sale event for up to 4 consecutive days with one
Temporary Use Permit (TUP) to allow, for example, an outdoor sale event over a long
weekend, such as a Friday through Monday. However, the 3 day window between two
TUPs is proposed to be included to ensure that several consecutive 4-day sales spanning
eight or twelve days are not conducted. (Page 7 of Attachment 1)
c) Section 8.108.020. L, Temporary Construction Trailer. This section is proposed to be
amended to include additional language to address temporary storage containers associated
with residential construction such as remodeling, home addition or home improvement
projects. A Temporary Storage Container associated with residential construction, most
closely fits the Temporary Construction Trailer type of temporary use. The proposed
amendment is intended to enable the City to regulate such storage containers pursuant to
this section. The amendment includes criteria as well as time limits that need to be met in
order for a portable storage unit or a storage container to be permitted in a residential
district through the Temporary Use Permit process. (Page 7 of Attachment 1)
CONCLUSION:
Staff is recommending minor amendments to various Chapters of the Zoning Ordinance as described
above. The proposed amendments consist of minor clarifications, removal of inconsistencies and
improvements to aid in the understanding and interpretation of the Zoning Ordinance by members of the
public and effective implementation of the Zoning Ordinance by Staff.
ENVIRONMENTAL REVIEW:
The project has been found to be exempt from the California Environmental Quality Act (CEQA),
according to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the
amendments to Title 8 (Zoning Ordinance) of the Dublin Municipal Code (Zoning Ordinance) may have a
significant effect on the environment.
RECOMMENDATION:
Staff recommends that the City Council: 1) Open Public Hearing; 2) Receive Staff Presentation; 3)
Receive Public Testimony; 4) Close Public Hearing; 5) Deliberate; and 6) Waive the reading and
Page 7 of8
INTRODUCE the Ordinance (Attachment 1) amending various Chapters of Title 8 (Zoning ~~aJ~)
of the Dublin Municipal Code.
Page 8 of8
qOb'LD
ORDINANCE NO. XX - 06
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**********************
AMENDING CHAPTER 8.08 (DEFINITIONS), CHAPTER 8.12 (ZONING DISTRICTS AND
PERMITTED USES OF LAND), CHAPTER 8.36, (DEVELOPMENT REGULATIONS),
CHAPTER 8.64 (HOME OCCUPATIONS REGULATIONS), CHAPTER 8.76 (OFF-STREET
PARKING AND LOADING REGULATIONS), CHAPTER 8.84 (SIGN REGULATIONS), AND
CHAPTER 8.108 (TEMPORARY USE PERMIT REGULATIONS) OF TITLE 8 (ZONING
ORDINANCE) OF THE DUBLIN MUNICIPAL CODE
P A 06-054
WHEREAS, the City of Dublin has determined that the Definitions ofthe Dublin Municipal
Code (Chapter 8.08), Zoning Districts and Permitted Use Of Land of the Dublin Municipal Code
(Chapter 8.12); Development Regulations ofthe Dublin Municipal Code (Chapter 8.36); Home
Occupations Regulations ofthe Dublin Municipal Code (Chapter 8.64); Off-Street Parking And
Loading Regulations ofthe Dublin Municipal Code (Chapter 8.76); Sign Regulations ofthe Dublin
Municipal Code (Chapter 8.84); and the Temporary Use Permit Regulations of the Dublin Municipal
Code (Chapter 8.108) must be revised to more effectively regulate development within the City; and
WHEREAS, the exact text amendments are shown in Section 2 of this Ordinance; and
WHEREAS, the Planning Commission did hold a properly noticed pubic hearing on this project
on October 10, 2006, and did adopt Resolution 06-44 recommending that the City Council approve
amendments to Title 8 (Zoning Ordinance)ofthe Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council on November 7,
2006; and
WHEREAS, a Staff Report was submitted recommending that the City Council approve the
Zoning Ordinance Amendments; and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City Council
finds that the Zoning Ordinance Amendments are consistent with the Dublin General Plan; and
WHEREAS, the City Council did hear and use its independent judgment and consider all said
reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, be it resolved that the City Council ofthe City of Dublin does ordain as
follows:
Section 1.
Compliance with California Environmental Quality Act ("CEQA"): The City Council declares this
ordinance is exempt from CEQA per CEQA Guidelines Section 15601(b) (3). Section 15601(b) (3) states
that CEQA applies only to those projects that have the potential to cause a significant effect on the
environment. This adoption of this ordinance is exempt from CEQA because the ordinance does not, in
itself, allow the construction of any building or structure, but it sets forth the regulations that shall be
IDOO\LO
followed if and when a building or structure is proposed to be constructed or a site is proposed to be
developed. This ordinance of itself, therefore, has no potential for resulting in significant physical change
in the environment, directly or ultimately.
Section 2.
Zoning Ordinance Text Amendments: Title 8 (Zoning Ordinance) of the Dublin Municipal Code shall
be amended as set forth below, only in those sections so noted. Text to be removed is shown in
strikethrough and text to be added is shown as underlined.
Chapter 8.08, Definitions. The proposed amendments to Section 8.08.020 are as follows:
Community Facility (use type). The term Community Facility shall mean any of the following
uses or buildings: Place of Worship, rectory or convent; school attendance at which satisfies the
requirements of the Compulsory Education Law of the State; library; college; museum; university;
public utility building or uses; pipelines and transmission lines, park-and-ride lots, publicly-owned
storage garage, repair shop, or corporation yard; water extraction and/or storage facility; or other
similar use or structure determined to be substantially similar to the above by the Director of
Community Development."
Small Family Day Care Home ISmaIl (use type). The term Small Family Day Care Home shall
mean a home which provides family day care to 8 or fewer up to 8 children, including children
under the age of 10 who reside in the home. A Small Family Day Care Home shall be considered a
residential use of property. No permits or business license are required.
Large Family Day Care Home /Lan!e (use type). The term Large Family Day Care Home shall
mean a home which provides family day care to 9 to 14 up to 14 children, inclusive, including
children under the age of 10 years who reside in the home.
Main Building. See Principal Structure Building.
Personal Services (use type). The term Personal Services shall mean a barber shop, nail salon,
beauty parlor, tattoo and body piercing, tanning salon, self-service laundry (coin-operated), full-
service laundry (not a dry cleaning plant) or other service determined to be substantially similar to
the above by the Director of Community Development.
Recreational Facility/Indoor (use type). The term Recreational Facility/Indoor shall mean
establishments providing amusement, entertainment, or physical fitness services typically
occurring indoors for a fee or admission charge, such as, but not limited to: arcades containing
coin-operated amusements and/or electronic games (five or more such games or coin-operated
amusements in any establishment constitutes an arcade pursuant to this definition, four or less are
not considered a land use separate from the primary land use of the site); card rooms, billiard and
pool halls, bowling alleys; laser tag businesses; ice skating and roller skating; dance
studios/schools; recording studios; fitness centers, gymnasiums, health and athletic clubs including
indoor sauna, spa or hot tub facilities; martial arts studios; tennis, handball, racquetball, ice rinks,
indoor archery and shooting ranges, indoor soccer or hockey facilities, swimming pools, theaters
(other than adult business establishments), auditoriums, and other indoor sports activities
Page 2 of8
IICb\\.O
determined to be substantially similar to the above by the Director of Community Development.
Recreational Facility/Indoor does not include a dance floor.
Recreational Vehicle. The term Recreational Vehicle shall mean a motor home, travel trailer,
utility trailer, boat on a trailer, horse trailer, camper where the living area overhangs the cab,
camping trailer, or tent trailer, with or without motive power, and other vehicles determined to be
substantially similar to the above bv the Director of Community Development.
Salvage and Wrecking Yards (use type). The term Salvage and Wrecking Yards shall mean the
use of more than 200 square feet outside of a building on any lot for the handling or storage of
inoperable vehicles, scrap metal, paper, rags, or discarded, salvaged or waste materials of any kind.
The term includes automobile wrecking yards; used lumber yards; junk yards and storage of
salvaged house wrecking and structural steel materials and equipment. This term does not include
yards for the sale of operable used cars or machinery, Auction Yards, or the incidental processing
of used or salvaged materials where permitted as part of a lawful manufacturing or industrial use
on the same premises.
Traffic Visibility Area, of the Dublin Municipal Code is amended to be illustrated as follows:
~~l 1<1
,~ I 71>IQ'
YARD ~'l : I
SIDEWALK.""\.~~Y ~
L30, \
TRAFFIC V!SIBU Tyt.,RE:A ~
Chapter 8.12, Zoning Districts and Permitted Uses of Land, Section 8.12.050, Permitted and
Conditionally Permitted Uses of Land, is amended to read as follows:
RESIDENTIAL USE TYPES
RESIDENTIAL USE TYPE A R-l R-2 R-M C-O C-N C-l C-2 M-P M-l M-2
bafge Family Day Care Hamel C/PC C/PC C/PC C/PC - - - - - - -
Large
(9-14 up to 14 Children)
Small Family Day Care Hamel P P P P
Small
(l--& up to 8 Children)
Chapter 8.36, Development Regulations. The proposed amendments to Chapter 8.36 are as follows:
Section 8.36.050.B.3, Compensating Provision of Side Yard. Notwithstanding the yard
requirements of this Ordinance, a Side Yard may have a depth of not less than 5 feet if that portion
of the Side Yard that is covered by a structure is compensated for by open areas within the same or
adjacent yards on the same parcel that exceed Side and Rear Yard requirements by an area at least
equal to the extent of the building coverage of the Side Yard. The Compensating Provision of
Side Yard exception is not applicable to a Street Side Yard.
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Section 8.36.100.A, Applicability of coverage regulations. Maximum lot coverage regulations
are intended to establish the maximum lot area that may be covered with buildings and structures.
Buildings and structures include all land covered by principal buildings, garages and carports,
accessory structures (with the exception of one 120 square foot accessory structure, permitted on
lots less than 5,000 squaro feet in size, which shall be exempt from the coverage regulations),
covered decks and gazebos, and other enclosed and covered areas; but not standard roof
overhangs, cornices, eaves, uncovered decks, swimming pools, paved areas such as walkways,
driveways, patios, uncovered parking areas or roads.
Chapter 8.64, Home Occupations Regulations, Section 8.64.030.C, Construction Equipment/W ork
Vehicles. No construction equipment or work vehicles such as plumbing vans, electronic repair vans, or
similar equipment or work vehicles (except a Company Vehicle permitted by Section 8.64.040.E
8.64.030.E below), as determined by the Director of Community Development, shall be stored which is
used by the occupant of the residence or his/her employees in connection with a Home Occupation.
Chapter 8.76, Off Street Parking and Loading Regulations, The proposed amendments to Chapter
8.76 are as follows:
Section 8.76.070.A.7.e, Minimum parking dimensions. Minimum parking dimensions in feet
shall be as indicated in Table 76-1 and as illustrated by Figure 76-1
Table 76-1
A (in B X C D E F A B X C D E F
degrees)
90C 8.0 17.0 17.0 24.0* 8.0 ~ 45 C 8.0 17.0 17.7 16.0 11. 51.4
58.0 3
90F 9.0 20.0 20.0 24.0* 9.0 ~ 45 F 9.0 20.0 20.5 16.0 12. 57.0
64.0 7
80C 8.0 17.0 18.1 24.0* 8.1 ~ 30C 8.0 17.0 15.4 16.0 16. 46.8
60.2 0
80F 9.0 20.0 21.3 24.0* 9.1 6&-:6 30F 9.0 20.0 17.8 16.0 18. 51.6
66.6 0
70 C 8.0 17.0 18.7 20.0 8.5 57.4 20 C 8.0 17.0 13.3 16.0 23. 42.6
4
70F 9.0 20.0 21.9 20.0 9.6 63.8 20F 9.0 20.0 15.3 16.0 26. 46.6
3
60 C 8.0 17.0 18.7 19.0 9.2 56.4 OC 8.0 17.0 0.0 20.0 23. 20.0
0
60F 9.0 20.0 21.8 19.0 10.4 62.6 OF 9.0 20.0 0.0 20.0 23. 20.0
0
A = Parking Angle, B = Stall Width, X = Stall Length, C = Compact Space, D = Aisle Width, E = Curb Length per Car, F =
Full Sized Space
* The Director of Public Works may require a larger back-up distance where sight distances are inadequate and for multi-family
residential developments."
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Section 8.76.070.A.25, Vehicle Parking on posted private property is prohibited. It is
unlawful for any person to drive or park a motor vehicle upon land or premises where the owner or
the person occupying or having possession of or the agent thereof shall have posted on such
property or premises a notice as described in Municipal Code Section 6.04.200. It is also unlawful
for any person without permission of the owner or people entitled to the possession thereof to park
or store any motor vehicles in or upon any private property for the purposes of sale or advertising
for sale and so as to interfere with the use thereof.
Section 8.76.080.B, Residential Use Types, of the Dublin Municipal Code is amended to read as
follows:
Residential Use Types Number of Parking Spaces Required
:bafge Family Day Care Home 2 per dwelling, plus 1 space for every employee not residing in
ILarge f9--l4j (up to 14) the home, plus one loading space for every 4 children in the
facility
-Small Family Day Care Home Not regulated
ISmaIl fl---8j (up to 8)
Single Family/Duplex/Mobile Home
Lots of 4,000 square feet or less 2 in enclosed garage per dwelling plus one on-street parking
space per dwelling unit within 150 feet of that dwelling unit
Lots greater then 4,000 square feet 2 in enclosed garage per dwelling
Chapter 8.84, Sign Regulations. The proposed amendments to Chapter 8.84 are as follows:
Section 8.84.020.NN. Temporary Promotional Signs. The term Temporary Promotional Signs
shall mean temporary banners, flags, balloons, and searchlights as regulated in section
8.84.050(T), searchlights and similar advertising devices when used for grand-opening events,
special promotional events, or promotional needs such as "Now Hiring" or "Help Wanted"
banners and other needs of a similar nature as determined by the Director of Community
Development.
Section 8.84.030. Sign Approvals and Decision making Authority by Zoning District. Matrix
A, of the Dublin Municipal Code is amended to read as follows:
Sign Type A R-l, R-2, C-N C-O C-l C-2 M-P, M-l,
R-M M-2
Coming Soon X X :gp. :gp. :gp. ZC :gp. ZC :gp. ZC
ZC ZC
Permanent Banner X X X X SDR(ZA) SDR(Z"^~) SDR(Z.'\)
Sign MSP/SDR MSP/SDR MSP/SDR
Page 5 of8
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Section 8.84.040. Matrix B, Sign Development Regulations of the Dublin Municipal Code is
amended to read as follows:
Maximum Maximum Maximum LOcation Copy Additional
Number of Height Area per side ReqJ)irements Restrictions * ~~gplations *
signs in Sq. ft. *
Wall As permitted 2 ft. 6 in. 1 sq. ft. per 1 per business NIA May project
Sec.8.84.110V by-See. lineal ft. of or tenant 12 inches, 30
8.84.110/"1.7. Tenant frontage with inches wi SDR..
1 per business Frontage to maximum of Max. sign
or tenant maximum of three length 24 ft.
frontae:e with 150 sq. ft. frontages.
maximum of (with SDR,
three 1.5/lineal ft. to
frontae:es. max of 250 sq.
ft.); 25%
bonus if tenant
space is 100 ft.
from Street.
Seetion 8.84.050.0. Pole Signs. Pole Signs are permitted with a Zoning Clearance.
Section 8.84.050.R. Service Station Price Signs. Service Station Price Signs indicating gasoline
prices, products offered for sale, methods of sale and types of available services offered are
permitted when accessory to an existing service station, provided:
1. One (1) price sign is permitted along each street frontage to a maximum of two (2) price signs.
2. Each price sign shall have a heavy type face and be clearly visible from adjacent streets and
may have a maximum area of sixteen (16) square feet per side for service stations offering
three (3) fuel products; or a maximum area of twenty-four (24) square feet per side for service
stations offering four (4) or more fuel products.
3. The maximum sign height shall not exceed six (6) feet.
4. A price sign may be attached to, combined with and made part of a Service Station Sign
Display Structure pursuant to Section 8.84.050.P 8.84.050.0.
5. All signage conforms to the requirements of Business and Professions Code Section 13530 et.
seq."
Section 8.84.050.T, Temporary Promotional Signs. Temporary Promotional Signs permitted
pursuant to a Zoning Clearance may be placed on site for a maximum of fifteen (15) consecutive
calendar days per permit when used for special promotional events or needs. A minimum waiting
period of thirty (30) consecutive calendar days between permits is required, with the exception of
balloons as defined herein and temporary banners for apartment communities. A Banner Sign shall
not be larger than 30 inches by 24 feet in size.
One (1) temporary banner for apartment communities is permitted pursuant to a Zoning Clearance
and may be placed on site for a maximum of ten (10) consecutive calendar days per permit when
used for special promotional events or needs. A minimum waiting period of twenty (20)
consecutive calendar days between permits is required. In addition, the duration in which banners
may be displayed is limited to a maximum duration of 90-days per calendar year. A temporary
banner sign for apartment communities shall not be larger than l2-square feet (see Section
8.84.020.B for definition of apartment communities).
Page 60f8
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Any tethered or un-tethered balloon of greater than 15 inches in diameter shall be permitted only
as a temporary promotional sign and subject to a permit. All balloons shall be tethered to the
ground only with the bottom of the balloon on the ground and shall not be permitted to be attached
to any structure or vehicle. No permit(s) singularly or cumulative shall be issued that allows any
temporary promotional signs that include balloons for more than 21 days per calendar year. Zoning
clearance( s) may be issued for periods less than 15 days.
Up to 4 searchlights, attached to function as a single unit, are permitted as a Temporary
Promotional Sign pursuant to a Zoning Clearance. No permit(s) singularly or cumulative shall be
issued that allows any temporary promotional sign( s) that include searchlights for more than 21
days per calendar year. Zoning clearance( s) may be issued for periods less than 15 days.
Section 8.84.110.A.7. Number of Building Frontages. Each business or tenant space may be
permitted a maximum of three (3) building frontages with maximum of one wall sign per frontage.
Section 8.84.140.C. Holiday Lights and Decorations. Holiday lights (if lighted) and decorations
commonly associated with any national, local or religious holiday erected no sooner than forty-five
(45) calendar days before the holiday and removed within fourteen (14) calendar days following
the holiday. Holiday balloons, including large balloons used in conjunction with a holiday event,
are exempt from obtaining a Sign Permit when located in a Residential Zoning District.
Chapter 8.108 Temporary Use Permit. The proposed amendments to Chapter 8.108 are as follows:
Section 8.108.010 Purpose. The purpose of this Chapter is to establish a procedure for approving
minor temporary land uses that meet established development review standards and are acceptable
because of their temporary nature. The eH:ly permitted minor temporary land uses pcrmittcd are
those specified in Section 8.108.020 and other temporary land uses determined to be similar by the
Director of Community Development.
Section 8.108.020.1. Outdoor Sales by Established Businesses. Each individual Outdoor Sale by
an Established Business shall be limited to a maximum of 4 consecutive days, with a maximum of
6 such events during a one-year period. and no business may participatc in more than 6 cvcnts
during a one year period, A minimum waiting period of 3 consecutive calendar days between
Temporary Use Permits is required. Each Outdoor Sales event by an established business shall be
subj ect to standards established by the Director of Community Development.
Section 8.108.020.L. Temporary Construction Trailer. A Temporary Construction Trailer may
be permitted during the period of construction of the buildings or lots on a development site
subject to standards established by the Director of Community Development, on the same
premIses.
A Temporary Storage Container associated with construction in residential districts that meet the
following conditions may be permitted pursuant to this section:
1. Request is to locate a temporary storage container in conjunction with remodeling or
reconstruction work at the project site.
2. Container must be located on private property, not in the public right-of-way.
3. Container must be located on driveway or other paved surface, not in other front yard or
landscaped areas.
4. Container may be located in the rear yard
Page 7 of8
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Section 3
Conforming Amendments: Chapters 8.08, 8.12, 8.36, 8.40, 8.64, 8.76, 8.84, and 8.108 of the Dublin
Municipal Code shall be re-numbered and/or re-Iettered as necessary to accommodate and/or reflect the
foregoing amendments.
Section 4.
Severability: The provisions of this Ordinance are severable and if any provision, clause, sentence, word
or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances,
such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the
remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their
applicability to other persons or circumstances.
Section 5.
Effective Date and Posting of Ordinance: This ordinance shall take effect and be in force thirty (30)
days from and after the date of its final 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
39633 ofthe Government Code of Cali fomi a."
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
DUBLIN on this _ day of , 2006, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
Attest:
City Clerk
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