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Home My WebLink About99-008 ZOA Outdoor Sales AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: April 27, 1999 SUBJECT: ATTACHMENTS: PUBLIC HEARING: PA 99-008 Zoning Ordinance Amendment to Chapter 8.108, Temporary Use Permits to delete the Temporary Use Permit (TUP) "Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale)". (Report Prepared by: Dennis Carrington Senior Planner) 1) Resolution recommending that the City Council adopt an ordinance amending Municipal Code Chapter 8.108, Temporary Use Permits, to delete the Temporary Use Permit "Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale)". 2) Draft Ordinance amending Chapter 8.108 of the Municipal Code (Zoning Ordinance). RECOMMENDATION: 1) 2) 3) 4) Open public hearing Receive staff presentation and public testimony Close public hearing and deliberate Adopt resolution (Attachment 1) recommending that the City Council amend Chapter 8.108, Temporary Use Permits, of the Municipal Code (Zoning Ordinance). DESCRIPTION: Zoning Ordinance Amendment to amend Chapter 8.108, Temporary Use Permits, of the Municipal Code (Zoning Ordinance) to delete Section 8.108.020.N, "Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale)". BACKGROUND: Original Ordinance. The City Council adopted Ordinance 8 - 95 amending the Zoning Ordinance on August 8, 1995 to add "Outdoor Sales Not Related to On-Site Established Business" approved as a Conditional Use Permit by the Zoning Administrator. This allowed certain outdoor sales by non-Dublin businesses. New Zoning Ordinance. The City Council adopted a new Zoning Ordinance on September 2, 1997. The language in the new Zoning Ordinance contained errors and the intent of Ordinance 8 - 95 was not continued into the new ordinance. Therefore the current language does not allow Outdoor Sales Not- Related To A Dublin Business (sidewalk sales). The section now reads as follows: Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale). A temporary outdoor sale of goods by an established Dublin business, at the site of that business, of goods and merchandise which are of the same and type as the goods and merchandise sold indoors by the business. Promotional give-aways, such as free food, are allowed if they are related to and subsidiary to the sale. Each individual outdoor sales event shall be subject to standards established COPIES TO: In House Distribution g:pa98-O52/pcsr by the Director of Community Development and shall be limited to a maximum of 4 consecutive days, and no business may participate in more than 6 events during a one-year period at one site. Temporary Use Permit On February 8, 1999, Community Development Staff inadvertently issued a Temporary Use Permit (Attachment 1) for an individual to sell roses at the Shell Gas Station at 8999 San Ramon Road from February 11, 1999, until February 14, 1999. The permit was issued in error. A review of the Temporary Use Permit log revealed that the TUP in question is the only one to have been issued for Outdoor Sales Not Related to On-Site Established Business since the adoption of the revised Zoning Ordinance in 1997. Chamber of Commerce Letter. The Chamber of Commerce sent a letter (Attachment 2) to Mayor Guy Houston on February 16, 1999, regarding a complaint received from a business member regarding a street vendor selling merchandise on a street comer in the City of Dublin. It was the understanding of the Chamber of Commerce that only Dublin-based businesses would be allowed permits for outdoor sales. On March 2, 1999, the City Council gave direction to Staff to draft an amendment to the Zoning Ordinance prohibiting an Outdoor Sale Not-Related To A Dublin Business (Sidewalk Sale) except as provided elsewhere in the Temporary Use Permit chapter of the Zoning Ordinance. City Council Direction On March 2, 1999, the City Council gave direction to Staffto draft an amendment to the Zoning Ordinance prohibiting an Outdoor Sale Not-Related To A Dublin Business (Sidewalk Sale) except as provided elsewhere in the Temporary Use Permit chapter of the Zoning Ordinance. ENVIRONMENTAL REVIEW: The City Council on August 18, 1997, adopted Resolution 103-97 finding that the Comprehensive Revision to the Zoning Ordinance, including Chapter 8.108, Temporary Use Permit, is exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that revising the Zoning Ordinance would have a significant effect on the environment (Section 15061(b)(3). Amending the Temporary Use Permit Regulations to delete the Temporary Use Permit "Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale)" is also exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that such amendment would have a significant effect on the environment. RECOMMENDATION: Staff recommends that the Planning Commission open the public hearing, receive staff presentation and public testimony, close public hearing and deliberate, and adopt resolution (Attachment 1) recommending that the City Council amend Chapter 8.108, Temporary Use Permits, of the Municipal Code (Zoning Ordinance). GENERAL INFORMATION: APPLICANT: City of Dublin 100 Civic Plaza Dublin, CA 94568 2 RESOLUTION NO. 99- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO CHAPTER 8.108, TEMPORARY USE PERMITS, OF THE MUNICIPAL CODE (ZONING ORDINANCE), TO DELETE THE TEMPORARY USE PERMIT "TEMPORARY OUTDOOR SALE NOT RELATED TO ON-SITE ESTABLISHED BUSINESS (SIDEWALK SALE) WHEREAS, the comprehensive revision to the Zoning Ordinance (Ordinance 20- 97) was adopted by the City Council on September 2, 1997; and WHEREAS, Chapter 8.108, Temporary Use Permits, of the revised Zoning Ordinance addressed the permitting of temporary uses by means of the Temporary Use Permit process within the City of Dublin; and WHEREAS, the City Council on August 18, 1997, adopted Resolution 103-97 finding that the Comprehensive Revision to the Zoning Ordinance, including Chapter 8.108, Temporary Use Permits, is exempt from the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that revising the Zoning Ordinance would have a significant effect on the environment (Section 15061 (b)(3)); and WHEREAS, an Environmental Impact Report, SCH#84011002, was prepared for the Dublin General Plan and certified on February 11, 1985; which addressed impacts of the future development of the City of Dublin; and which impacts and analysis exceed the impacts of the amendments to Chapter 8.108 the Zoning Ordinance, Temporary Use Permits; and WHEREAS, Staff has prepared an amendment to Chapter 8.108, Temporary use Permits; to delete Section 8. 108.020.N, Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale) and; WHEREAS, a staff report analyzing the amendments was submitted for PA 99- 008, which stated that the amendments to Chapter 8.108 (PA 99-008) do not represent changes that can have any environmental effect because it can be seen with certainty that there is no possibility that revising the Temporary Use Permit Section of the Zoning Ordinance to delete a section would have a significant effect on the environment (Section 15061 (b)(3)); and WHEREAS, the Planning Commission held a public hearing on said amendment to Chapter 8.108, Temporary Use Permits, on April 27, 1999, for which proper notice was given in accordance with California State Law; and ATTAt., tENT 1 WHEREAS, the Planning Commission at its April 27, 1999, meeting considered all written and oral testimony submitted at the public hearing. NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that the amendments to Chapter 8.108 (PA 99-008) do not represent changes that can have any environmental effect because it can be seen with certainty that there is no possibility that revising the Temporary Use Permits section of the Zoning Ordinance to delete a section would have a significant effect on the environment (Section 15061 (b)(3)), and does recommend that the City Council amend Chapter 8.108, Temporary Use Permits, of the Municipal Code (Zoning Ordinance) as shown in Attachment 2 to the April 27, 1999 staff report for PA 99-008. PASSED, APPROVED AND ADOPTED THIS 27th day of April, 1999. AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Community Development Director g:pa99008\pcres ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 8.108, TEMPORARY USE PERMITS, OF THE MUNICIPAL CODE (ZONING ORDINANCE), TO DELETE THE TEMPORARY USE PERMIT "TEMPORARY OUTDOOR SALE NOT RELATED TO ON-SITE ESTABLISHED BUSINESS (SIDEWALK SALE)" THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. "Section 8.108.020.N, Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale), of the Dublin Municipal Code is amended to delete Section 8.108.020.N, Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk Sale). Succeeding sections shall be re-numbered. Section 2. Severabilitv. 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 3. Effective Date and Posting of Ordinance This ordinance shall take effect and be in fome 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 of the Government Code of California." PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this 4th day of May, 1999, by the following votes: Ayes: Noes: Absent: Abstain: Mayor Attest: City Clerk ATT CHMEN. T g:pa99008\ord old in heritage - new in ideas Februao, 16,19PP .Mayo[ Guy Houston Dublin Ci~ Counoil P. O. Box 2340 Dublin, Caiifo.-aia 94558 Dear Mayor Flouston; On February 12, I999 the Dublin Chamber of Commerce offi:e r~eived a cornpl~nt from one of it's bus,ness m~m~rs mgard~g a "s~t vendor" s~II~g m:rch~n~s~ on a s~ee: comer in :h~ C~,' of Dublin. Th~ C~ Pl~mn~ng D~am~nt ~s contacted reg~ding th~s roamer mhd ihe C~mber was informed by s~f member D¢~is C~ington that a t~ day t¢mporm~ use permit was issued to the ven6or by ~¢ CiO' ~n a::ordanc~ w~ ~e ~del~s of~ c~ent ordinance for outsM~ sales. It was '..he unclersmnding oft. he Chamb~ and member~ of the Corn. mince that worked on the revision of the outside .~les ordinance several yea-$ ago that only Dubiin b~ed businesses with Dublin ;ommerc/al addresses and a Dublin city business permit would b'-. allowed permits for outdoor ~ates. It is disappointing to th~nk a tempor&'y use permit was issued to a street vendor selling the same merehaadise = several other businesses wi',.hk the City of Dublin. Dublin businesses pay a fee 1o the Ci~ of Dublin for the privilege of operating a business wi:bin the City. In addition, there are th, normal business expenses of rent, txxes, etc. not to mention the :reatlon of jobs. Ir is difficult to understand how the Ci~ Planning Depa.r'ament can justify issuing a use permit for $25.00 to an indMdual that does not live or l:/a,,,e a business within Dublin and, most importantly, does not support the Dublin oommunity through donations to schools, community projects, sports program, s, ere. The Dublin Chamber of Commerce and City h~ve worked diligently over the ),ears on fi'~e/mag" of Dublin. Strut vendors ~elling products out of the lrun~ of their vehicles on every comer and in parking lots is not the best ima~ for our City. The Chamber urges the City Counoil to r~iew the outdoor sties ordinance again and take the neoessary precautions to close the loopholes to insure our City streets are free of outdoor venoors selling their wares. We believe Dublin should look it's "best" at all times. you for yo-ar con~deration of this matter. ,N'.~CY ~ELEY Ex~cutiv~Dir~;mr ~; ~¢~ 6~ /.. ~. ~ ~. ~ 7080 DOULOU W~v, SU~T~ 110 · Dusu~, C~u~oR~;~ 945~B 828-6200, FAx: (925) 829-4247 ·-~:- ~u,' dbincofc~pacbelt.net 2