HomeMy WebLinkAboutItem 6.1 OutdoorSales&ActivOrd
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CITY OF DUBLIN
AGENDA STATEMENT
. SUBJECT:
City Council Meeting Date: August 8, 1995
Public Hearing: PA 93-012 City of Dublin Zoning Ordinance Amendment - Outdoor
Sales and Activities
REPORT PREPARED BY:
EXHIBITS ATTACHED:
Tasha Huston, Associate Planner ;;J/U1t"
Exhibit A: /Ordinance Amending the Dublin Zoning Ordinance regarding outdoor sales
and activities
RECOM;~~
1) Open continued public hearing and hear staff presentation
2) Take public testimony
3) Question staff and public
4) Close public hearing and deliberate
5) Waive second reading and adopt Ordinance Amending Zoning Ordinance (Exhibit A)
FINANCIAL STATEMENT: none
BACKGROUND:
On March 8, 1993, the City Council received a request from the Dublin Chamber of Commerce Business Task Force
requesting modification to the current City policies to permit periodic outdoor sales by local businesses. Pursuant to thc
review of this item, the City Council initiated a Zoning Ordinance Text Amendment to permit and regulate outdoor sales
evcnts within the City. In August of 1994, the City Council reviewed a request to consider allowing espresso vending carts
in the City. After discussion and input from the Chamber of C011Uncrcc, the City Council approved an expansion of the
Zoning Ordinance Amendment at its August 22, 1994 meeting'to consider allowing this use in the City. The Council
. indicated the desire to review the outdoor sales regulations of the surrounding cities and to respond to the changing needs of
the conmlUnity.
The Planning Department has conducted a study based upon the Council's direction. The regulations of several nearby
cities were considered, and staffhas met with the Chamber of Commerce Outdoor Sales Conunittee to discuss the proposed
handling of outdoor sales events and business ventures.
At a public hearing on July 25, 1995, the City Council reviewed the proposed ordinance amendments. Following public
testimony and discussion of the project, the Council adopted a Resolution approving the proposed amendments. The
Ordinance regarding outdoor sales and activities was introduced, and the hearing was continued to the August 8, 1995
meeting. In response to concerns expressed regarding possible problems with monitoring outdoor sales by non-Dublin
businesses, the Council also indicated a desire to actively enforce the Ordinance for this type of use. Staff will be
presenting a draft poliicy for enforcement of the Ordinance to the City Council at its meeting of August 22, 1995.
The amendments to the Dublin Zoning Ordinance regarding outdoor sales would involve the following activities:
1. Temporary Special Events, including Outdoor Sales by established Dublin businesses, Arts and Crafts
Fairs, Carnivals, and Farmers Markets
a. Approval process changed from Administrative Conditional Use Permit to Zoning Clearance
b. Frequency of events modified
2. Outdoor Sales not related to on-site, established Dublin business
a. Added to Ordinance, subject to approval of Conditional Use Permit
b. Public Hearing and Notice to adjacent businesses and property owners required
.
3.
Mobile Vendors
a. Added to Ordinance, subject to approval of Conditional Use Pernlit
b. Public Hearing and Notice to adjacent businesses and property owners required
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ITEM NO. 6.1
COPIES TO:
PA File, Senior Planner Pro'ect Planner
Planning Admin. File C I T Y C L E R K
LFILE ~
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ORDINANCE NO.
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:
L 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:
.
1. 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;
2. Commercial recreation facilities, if within an enclosed building;
3. Plant nursery, greenhouse;
4. Parking lot;
5. Drive-in Theater, Drive-in Business;
6. SeNice Station, Type A and Type B;
7. Motel; Hotel.
8. Recreational Vehicle Park; as regulated by Article 5 of this Chapter.
9. Boat and Recreational Vehicle Storage yard.
10. 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.
B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL:
1. Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical Conditions for said
use
2. Outdoor Sales Not related to On~Site Established Business, in accordance with adopted City of
Dublin Typical Conditions for said use" *
lL. Sections 8-46.2.B. "3)" and "4)" are hereby added to Section 8-46.2 CONDITIONAL USES: CoO DISTRICT 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
4) Outdoor Sales Not Related to On-Site Established Business, in accordance with adopted City of
Dublin Typical Conditions for said use"
llL. Sections 8-47.2.B."1)" and "2)" are hereby added to Section 8-47.2 CONDITIONAL USES: CoN DISTRICTS of
the City of Dublin Zoning Ordinance, to read as follows:
"1)
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"
2)
.
EXHIBIT A
IV.
Sections 8-48.2.8. "2)" and "3)" are hereby added to Section 8~48.2 CONDITIONAL
DISTRICTS of the City of Dublin Zoning Ordinance, to read as follows:
USES: C.1
.
"2). Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical Conditions for said
use
3) Outdoor Sales Not Related to On~Site Established Business, in accordance with adopted City of
Dublin Typical Conditions for said use"
V. 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:
"2). Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical Conditions for said
use
3) Outdoor Sales Not Related to On-Site Established Business, in accordance with adopted City of
Dublin Typical Conditions for said use"
VI. 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:
1.
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.
2.
3.
B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL:
1. Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical Conditions for said
use
2. 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"
'.
4)
VIII. 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:
1. 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:
2. Dumping, disposal, incineration or reduction of garbage, sewage, offal, dead animals or refuse;
3. Salvage Yards;
4. Manufacture or bulk storage of acid, cement, explosive materials, fireworks, fertilizer, gas, glue,
gypsum, lime or plaster of Paris;
5. Abattoir, stockyard;
6. Kennel, animal hospital, menagerie (collection of wild or strange animals);
7. Drive-in Theater, amusement park, rate track;
8. Service Station, Type A or Type B;
9. Housemovers storage yard.
B. CONDITIONAL USES REQUIRING ZONING ADMINISTRATOR APPROVAL:
1. Outdoor Mobile Vendors, in accordance with adopted City of Dublin Typical Conditions for said
use.
2. 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:
1. A single newspaper recycling bin for up to one year, sponsored by a Dublin-based bona~fide
church, school, neighborhood group or Dublln.based non-profit, non~restrictive civic or service
organization as an accessory use to a lawfully existing principal use;
2. Firewood sales lots in the A District (but no such permit shall be approved for a period to exceed
one year);
3. 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;
4. Occupancy of a commercial office trailer for a period not to exceed one year in any C or M
District;
5. 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.
. .
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 fil.ed pursuant to the procedure specified in Section 8-102 APPEALS."
B.
.
XI. 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 temporae
uses of land of a duration of 60 days or less having negligible or no permanent effect on the environme
and that are categorically exempt from CEOA 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:
1. 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.
2. 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:
NOES:
ABSENT:
.
Mayor
ATTEST:
g:\pa#\ 1993\93012\odoutdor.doc
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