HomeMy WebLinkAbout8.2 Attmt 1 Reso CC Appvl of Amendmts to Chaptrs 8.84 & 8.96RESOLUTION NO. 09 - XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO CHAPTER 8.84,
SIGN REGULATIONS AND CHAPTER 8.96, PERMIT PROCEDURES OF TITLE 8 (ZONING
ORDINANCE) OF THE DUBLIN MUNICIPAL CODE F43R A ONE YEAR PERIOD
ZOA 09-001
WHEREAS, the City Council has identified temporary modifications to Chapter 8.84, Sign
Regulations and Chapter 8.96, Permit Procedures, of Title 8 (Zoning Ordinance) of the Dublin Municipal
Code) which will provide an assistance to business and property owners during the current economic
climate; and
WHEREAS, the proposed modifications would be in effect for a period of one year from the
effective date of the Ordinance adopted by the City Council; and
WHEREAS, the proposed modifications to the Zoning Ordinance are set forth in the proposed
Ordinance that is attached as Exhibit A to this Resolution; and
WHEREAS, pursuant to Section 8.120.050.B of the Dublin Municipal Code, the Planning
Commission finds that the Zoning Ordinance Amendment is consistent with the Dublin General Plan and
all applicable Specific Plans; and
WHEREAS, the Project has been found to be exempt from the California Environmental Quality
Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3) because the amendments to Title 8 (Zoning
Ordinance) of the Dublin Municipal Code does not have the potential for causing a significant effect on the
environment; and
WHEREAS, the City Council discussed the proposed modifications during a meeting on May 5,
2009 and directed Staff to prepare a draft Ordinance for the Planning Commission to review; and
WHEREAS, the Planning Commission did hold a public hearing on the proposed modifications
on May 26, 2009, for which proper notice was given in accordance with California State Law; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission
recommend City Council approval of the proposed amendments tc Title 8 (Zoning Ordinance) of the
Dublin Municipal Code; and
WHEREAS, the Planning Commission at its May 26, 2009, meeting did hear and use its
independent judgment and considered all said reports, recommendations, and testimony hereinabove set
forth.
Page 1 of 2 ---
ATTACHMENT 1
NOW THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby
recommend that the City Council approve the proposed temporary Zoning Ordinance Amendment
including Chapter 8.84, Sign Regulations and Chapter 8.96, Permit Procedures, as described in Exhibit A
to this Resolution.
PASSED, APPROVED AND ADOPTED this 26`h Day of May 2009 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
G: (Zoning Or&SDR Update 20091PC 5-261PC Reso - Temp Mod.DOC
Page 2 of 2
ORDINANCE NO. XX - 09
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING DUBLIN MUNICIPAL CODE CHAPTER X3.84 RELATING TO SIGN
REGULATIONS AND CHAPTER 8.96 RELATING TO PERMIT PROCEDURES FOR A ONE-
YEAR PERIOD
ZOA 09-001
WHEREAS, at the request of the City Council, Staff has reviewed the Zoning Ordinance for ways
to provide a stimulus to businesses and property owners in the City during the current economic climate;
and
WHEREAS, the City Council has identified temporary modifications to Chapter 8.84, Sign
Regulations, and Chapter 8.96, Permit Procedures, of the Zoning Ordnance which will provide assistance
to business and property owners during the current economic climate; and
WHEREAS, the proposed modifications would be in effect for a period of one year from the
effective date of the Ordinance adopted by the City Council; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing on this Project
on May 26, 2009 and adopted Resolution 09- recommending that the City Council approve
temporary modifications to Title 8 (Zoning Ordinance) of the Municipal Code; and
WHEREAS, a properly noticed public hearing was held by the City Council on ; and
WHEREAS, a Staff Report was submitted recommending that the City Council approve the
Zoning Ordinance Amendments; and
WHEREAS, pursuant to section 8.120.050.1 of the Dublin Municipal Code, the City Council
finds that the 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, the City of Dublin does ordain as follows:
SECTION 1.
Compliance with California Environmental Quality Act ("CEQAA"): 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 sel s forth the regulations that shall be
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.
EXHIBIT A TO
ATTACHMENT 1
SECTION 2.
Section 8.84.040 of Chapter 8.84 of the Dublin Municipal Code, entitled "Sign Regulations," is hereby
amended as follows, with deletions indicated in strikethrough (stye g#) and additions indicated in
underline (underline :
"Section 8.84.040 Matrix B, Sign Development Regulations. The following Matrix B, Sign
Development Regulations, prescribes required development regulations for permitted signs. The
information in Matrix B is subordinate to and supplementary to the information in Section 8.84.050, Signs
Subject To Permits."
Matrix B
Sign Development Regulations **
Sign Type Maximum Maximum Maximum Area Location Copy Restrictions Additional
Section No. Number of Height per side Requirements * * Regulations
signs ins . ft.
Awning 1 per business 2 ft. 6 in. 1 sq. ft. per lineal 1 per business N/A May project 36
Sec. or tenant ft. of Tenant or tenant inches. More
8.84.050.A frontage as Frontage to frontage with than 36 inches
permitted by maximum of 150 maximum of with SDR.
Sec. 8.84.110 sq. ft. (with SDR, three frontag(s. Max. sign length
B.4. 1.5/lineal ft. to of 24 ft.
max of 250 sq.
ft.); 25% bonus if
tenant space is
100 ft. from
Street.
Bulletin 1 6 ft. 24 sq. ft. 10 ft. from Announcements
Board front property pertaining to an
Sec. line; Must meat on-site church,
8.84.050.B all other yard school, community
requirements. center, park,
hospital or
institutional
building.
Coming Soon 2 8 ft. 32 sq. ft. On construction Opening date, May only be
Sec. site. architect, engineer, placed during
8.84.050.C contractor, future time period
business, or lender. between building
permit and final
occupancy.
Community 1 20 ft. 120 sq. ft. Service club names Illumination shall
ID and emblems and not be
Sec. community slogans intermittent;
8.84.050.1) Means of support
shall be
concealed.
* Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections
8.84.110 and 8.84.120.
** Matrix B does not reflect Exempt Signs in Sec. 8.84.140
Page 2 of 8
Sign Type, Maximum Maximum Maximum Area Location Copy Restrictions Additional
Section No. Number of Height per side in sq. ft. Requirements * * Regulations
signs
Electronic Per Sec. Per Sec. Per Sec. 8.84.110 Per Sec. Per Sec. 8.84.110 if Per Sec. 8.84.110
Readerboard 8.84.110 if 8.84.110 if if wall sign; 8.84.110 if wal I wall sign; 8.84.120 if wall sign;
Sec. 8.84.050.E wall sign; wall sign; 8.84.120 if sign; 8.84.120 if if freestanding 8.84.120 if
8.84.120 if 8.84.120 if freestanding freestanding sign. freestanding sign.
free- freestandin sign. sign.
standing g sign.
sign.
Freestanding 1 per parcel; 10 ft. at 15 sq. ft. per side In a planter of Must indicate Must have
20' or less in 2 or more property at property line; appropriate building address or minimum
height; with Master line; May May increase dimension; Not address range. clearance of 14
Freestanding Sign be 2.5 sq. feet per closer than 50 feet if
greater than Program. increased side for each 1 ft. feet from R-O- overhanging
20' in height. .5 ft. for sign is set back W of Interstate vehicular way;
Sec. 8.84.120. every 1 ft. from nearest Highway; Must not project
the sign is street frontage Permitted into a public
set back property line. within required right-of-way.
from the Maximum of 150 yards; At one
nearest sq. ft. or more main
street entrances with
frontage Master Sign
property Program.
line up to a
maximum
of 20 ft.;
Up to 35 ft.
with SDR.
Grand- 1 No limit. No limit. Must be Only effective
Opening displayed on within 60 days of
Sec. 8.84.050.G the site on initial occupancy;
which grand- 30-day maximum.
opening will
occur.
Identification 1 6 ft. 24 sq. ft. with None. Name and/or use of Means of support
Sec. 8.84.050.11 Zoning building. shall be
Clearance; 36 concealed.
s q. ft. with SDR.
Office Building 1 8 ft. 25 sq. ft. None. Name of office 100 ft. minimum
Master ID building, parcel frontage
Sec. 8.84.050.1 institutional use required; Means
and address of support shall
be concealed.
* Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections
8.84.110 and 8.84.120.
** Matrix B does not reflect Exempt Signs in Sec. 8.84.140
Page 3 of 8
Sign Type Maximum Maximum Maximum Area Location Copy Restrictions Additional
Section No. Number of Height per side in sq. ft. Requirements Regulations
signs
Off-Site Determined Determined Determined by Determined by Determined by Determined by
Residential by Director by Director Director of Director of Director of Director of
Development of of Community Community Community Community
Directional Community Communit Development Development Development Development
Sec. Developmen y
8.84.050.J t Developme
nt
Off-Site 1 per 100 ft. 8 ft. 16 sq. ft. Off-site sign is For sale or lease; Must be
Temporary of street located in Name and phone constructed of
For sale or frontage; immed. vicinity number of agent wood, plywood,
lease Up to 2 per of advertised and/or agency. metal or other
Sec. parcel. premises w/o rigid material.
8.84.050.K direct access to
public road.
Open-House Maximum 3 ft. 4 sq. ft. On sidewalk an d Not attached to
Sec. of 4 per landscaping strip any public sign,
8.84.050.L property; but cannot post, traffic
Up to 8 per disrupt normal signal or utility
inter- vehicular flow, pole; No
section. One block views, additional tags,
per property block ingress or riders,
being egress to any streamers,
advertised residence or balloons or other
at a given business, or attachments;
intersection restrict a Permitted on
sidewalk to less Holidays,
than 32 inches. Saturdays and
Prohibited in Sundays and one
center divider or agent tour day
traffic islands c f each week from
public streets; 10:00 a.m. to
Cannot be sunset.
within 5 ft.
radius of a call
box, fire hydra»t
or mail box.
Pedestrian/ 1 N/A 5 sq. ft. Suspended frori None. 8 ft. vertical
Shingle canopy over a clearance;
Sec. sidewalk directly Perpendicular to
8.84.050.M in front of the business building
door of the wall.
business.
* Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections
8.84.110 and 8.84.120.
** Matrix B does not reflect Exempt Signs in Sec. 8.84.140
Page 4of8
Sign Type Maximum Maximum Maximum Area Location Copy Restrictions Additional
Section No. Number of Height per side in sq. ft. Requirements i * Regulations
signs
Permanent N/A Per Per MSP/SDR Per MSP/SDR Name of shopping Maintain in good
Banner MSP/SDR center, business or condition;
Sec. logo. Subject to semi-
8.84.050.N annual review;
Replace if in
poor
maintenance.
Projecting 1 per 2 ft. 6 in.; 16 sq. ft.; May in middle 1/3 o r N/A Sec. 8.84.110 (C)
Sec. business. May be be increased front wall of
8.84.050.P increased through SDR. building.
through
SDR.
Service 1 8 ft. 16 sq. ft. None. Name of service May be
Station station. combined with
Display Service Station
Structure Price Signs;
Sec. Placed in
8.84.050.Q landscape
planter
Service 2 6 ft. 16 sq. ft for 3 1 per street Gasoline prices. May be
Station Price fuel products; 24 frontage. combined with
Signs sq. ft for 4 fuel Service Station
Sec. products. Display
8.84.050.R Structure.
Special 1 4 ft. 24 sq. ft. Within Name of business In-lieu of
Easement immediate and/or center. Freestanding
Sec. vicinity of the Sign; Business
8.84.050.S business the sign located on parcel
advertises. w/o direct access
or frontage on
improved ROW;
must be
connected by
roadway/access
easement.
* Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections
8.84.110 and 8.84.120.
** Matrix B does not reflect Exempt Signs in Sec. 8.84.140
Page 5 of 8
Sign Type Maximum Maximum Maximum Area Location Copy Restrictions Additional
Section No. Number of Height per side in sq. ft. Requirements * * Regulations
signs
Temporary Per Zoning Per Zoning Per Zoning Only on site on Per Zoning Maximum of 13
Promotional Clearance. Clearance. Clearance. which business is Clearance. 21 consecutive
Sec. located. calendar days
8.84.050.4=S per permit; 30
Banner signs 21 consecutive
shall not be calendar day
larger than 30 waiting period
inehes by 24 fee between permits.
60 square feet
Temporary
Temporary One (1) Temporary Banners for
Promotional Banner for Apartment
Banner for Apartment Communities
Apartment Communities shall be allowed
Sec. which shall not 10 consecutive
8.84.050.4=S exceed 12 square days per permit;
feet 20 consecutive
calendar days
waiting period
between permits.
The duration in
which banners
may be
displayed is
limited to a
maximum
duration of 90-
days per
calendar year.
Tenant 1 N/A 12 sq. ft. At entrance of Listing of tenant None
Directory building on an names and suite
Sec. exterior wall. numbers/letters.
8.84.050.U
Wall 1 per 2 ft. 6 in. 1 sq. ft. per 1 per business or N/A May project 12
Sec. business or lineal ft. of tenant frontage inches, 30 inches
8.84.110V tenant Tenant Frontage with maximum w/ SDR. Max.
frontage to maximum of of three sign length 24 ft.
Rev. Ord. 20- with 150 sq. ft. (with frontages.
06 (November maximum of SDR, 1.5/lineal
2006) three ft. to max of 250
frontages sq. ft.); 25%
bonus if tenant
space is 100 ft.
from Street.
Window N/A N/A N/A Inside a N/A Not more than
Sec. building. 25% of
8.84.050.W contiguous
window area.
* Location Requirements, Copy Restrictions and Additional Regulations are in addition to those identified in Sections
8.84.110 and 8.84.120.
** Matrix B does not reflect Exempt Signs in Sec. 8.84.140
Page 6of8
SECTION 3.
Subsection S of Section 8.84.050 of Chapter 8.84 of the Dublin Municipal Code, entitled "Temporary
Promotional Signs," is hereby amended as follows, with deletions indicated in strikethrough
(str-ilethrze and additions indicated in underline (underline
Section 8.84.050.S is hereby amended as follows:
S. Temporary Promotional Signs. Temporary Promotional Signs permitted pursuant to a Zoning
Clearance may be placed on-site for a maximum of fifteen (15) twenty-one (21) consecutive
calendar days per permit when used for special promotional events or needs. A minimum waiting
period of thiA3(30) twenty-one (21) 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 60 square feet 30 ineheT1?y4€eet-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 minirr_um 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 12 square feet (see Section
8.84.020.13 for definition of apartment communities).
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.
QFf TION 4_
Section 8.96.020.D of Chapter 8.96, of the Dublin Municipal Code, entitled "Permit Procedures," is
hereby amended as follows, with deletions indicated in strikethi ough (str-iledffeugh) and additions
indicated in underline (underline :
"D. Permit Expiration. Notwithstanding any conditions of approval of permits approved prior to the
effective date of Ordinance No. , construction or use sliall commence within two (2 years
one (1) ye of Permit approval, or the Permit shall lapse and become null and void.
Commencement of construction or use means the actual construction or use pursuant to the Permit
approval, or, demonstrating substantial progress toward commencing such construction or use. If
there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing
to determine the matter. Stich a determination may be processed concurrently with revocation
proceedings in appropriate circumstances. If a Permit expir-.s, a new application must be made
and processed according to the requirements of this Ordinance.
Page 7 of 8
SECTION 5.
Severability. The provisions of this Ordinance are severable and if smy 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 6.
Effective Date, Term and Posting of Ordinance. This Ordinance ::hall take effect and be in force thirty
(30) days from and after the date of its adoption. This Ordinance shall expire one year from the effective
date and following its expiration, the provisions of Dublin Municipal Code sections 8.84.040, 8.84.050.S
and 8.96.020.D as they existed on the day preceding the effective date of this ordinance shall become
effective. 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 on this day of , 2009, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G: (Zoning OrdWR Update 20WPC 5-261CC_Ordinance(Exhibit_A_to_PC_Reso_temp_mod).DOC
Page 8 of 8