HomeMy WebLinkAbout6.2 Sign Reg & Permit ProceduresG~~~ OF Dp~~~
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1`~~~lZ STAFF REPORT C I T Y C L E R K
``~ ~ ~ DUBLIN CITY COUNCIL File # -
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DATE: June 22, 2010
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE . PLPA-2010-00021 Temporary Amendment to the Sign Regulations (Chapter 8.84) and
Permit Procedures (Chapter 8.96) of the Dublin Zoning Ordinance (Legislative).
Prepared By Erica Fraser, Senior Planner
EXECUTIVE SUMMARY:
The City Council will consider the extension of temporary modifications to Chapter 8.84, Sign
Regulations, and Chapter 8.96, Permit Procedures, of the Dublin Zoning Ordinance which
contribute to the City's program to provide an economic stimulus to business owners in the
current economic climate. The modifications would be in effect for a period of one year, until
August 20, 2011. The City Council will also provide Staff with direction regarding permanent
modifications to the Temporary Promotional Banner regulations.
FINANCIAL IMPACT:
Staff estimates that the City Attorney's costs would be approximately $750 to complete the
permanent modifications to the Temporary Promotional Banner regulations.
RECOMMENDATION:
Staff recommends that the City Council: Conduct the Public Hearing, deliberate, waive the
reading and introduce an Ordinance amending the Dublin Municipal Code Chapter 8.84 relating
to Sign Regulations and Chapter 8.96 relating to Permit Procedures for a one-year period, and
direct Staff to prepare permanent modifications related to Temporary Promotional Banner
regulations of the Zoning Ordinance.
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Submitted By
Community Development Director
v`
eview
Assistant City Manager
COPIES TO: File
G:IPA#120101PLPA-2010-00021 ZOA 8.84 and 8.961CCSR _ Page 1 Of 5 ITEM NO. ~' ~
6 22.doc
DESCRIPTION:
On July 21, 2009, the City Council adopted Ordinance 11-09 approving temporary amendments
to Chapter 8.84, Sign Regulations, and Chapter 8.96, Permit Procedures, of the Zoning
Ordinance. The temporary amendments were part of the City's program to provide an economic
stimulus to businesses and property owners in the City during the current economic climate.
The City Council requested that Staff bring back the temporary amendments to the City Council
prior to the expiration of the amendments to determine if the temporary modifications should be
extended past the initial one-year period. The temporary amendments approved by Ordinance
11-09 will expire on August 20, 2010. Staff recommends that the City Council allow the
temporary modifications to the Zoning Ordinance to be in effect for an additional one-year
period (until August 20, 2011).
ANALYSIS:
The proposed temporary modifications to the Zoning Ordinance are discussed below.
Siqn Requlations (Chapter 8.84~
Temporary Promotional Banners are regulated by the Sign Regulations Chapter of the Zoning
Ordinance (Chapter 8.84). Section 8.84.050.S of the Zoning Ordinance includes regulations
related to the display of Promotional Banners which advertise special events, sales and
promotional needs of businesses. Several temporary modifications were enacted to provide
some relief from the permanent regulations in order to expand the advertising opportunities
available to businesses in the City.
The Zoning Ordinance currently regulates the time frame in which a Promotional Banner may
be displayed, the waiting period between Promotional Banner displays and the size of
Promotional Banners. These Regulations were temporarily modified in order to promote
businesses in Dublin. The temporary modifications increased the number of days Banners are
allowed to be displayed, reduced the waiting period between Banner displays and modified the
size requirements to allow greater flexibility in the design of Temporary Promotional Banners.
The following table illustrates the permanent and temporary (proposed) regulations for
Temporary Promotional Banners. The proposed modifications are the same as the temporary
modifications approved by the City Council in July of 2009. If the City Council does not adopt a
new Ordinance extending the temporary modifications, the proposed regulations shown below
will expire and the permanent regulations will then take effect on August 20, 2010.
T
apie ~: i em ora Nromotional Banners - Permanent and Tem ora Re ulation
Permanent Regulation Temporary (Proposed)
Regulation
Display Period Maximum of 15 consecutive Maximum of 21 consecutive
calendar days calendar days
Waiting Period 30 days 21 days
Size Maximum of 30" tall x 24' long 60 square feet
Location None Signs may not be located
Re uirement above the eave
s
Page 2 of 5
Following the adoption of the temporary amendments to the Sign Ordinance, Staff has
observed that the number of applications for Temporary Promotional Banners has increased.
The following table illustrates the number of permits for Temporary Banners that have been
approved over the last three years. The temporary modifications took effect at the end of
August, 2009.
Table 2' Num6Pr nf Tamnnrarv Rannnr Der.,,~+~ n...,..,..,,.,a
Year Number of Permits Issued ~
2008 153
2009 166
2010* 84
~~iw unic Ncr~vu iCUCG(S vIlly (!le m0/1Il1S OT J8I1Uc'~~/ I111'OUC~ fh ~h@ @l7d Of May
As shown on the table above, the number of permits issued for Temporary Promotional
Banners has been increasing each year. The increase in the number of permits reflects the
business community's need to effectively advertise their businesses and sales and the
temporary modifications aid these businesses in expanding their opportunities for displaying
temporary signage.
Based on this, Staff recommends that the City Council allow the temporary modifications to
continue for an additional one-year period. The proposed Amendments are included on Pages
8 and 9 of Attachment 3.
Due to the success of the modifications and benefit provided to businesses, Staff further
recommends that these modifications become permanent. However, the temporary
amendments described above would still need to be approved by the City Council tonight in
order to allow Staff to bring the permanent modifications to the City Council at a later date
without a lapse in the regulations.
Staff is requesting that the City Council provide Staff with direction regarding permanent
modifications to the Temporary Promotional Banner regulations. If the City Council would like
Staff to address the permanent amendments to the Sign Regulations, Staff would:
^ Prepare a permanent Amendment to the Zoning Ordinance to establish revised criteria
for Temporary Promotional Banners;
^ Perform the appropriate environmental review for the Zoning Ordinance Amendments;
and
^ Prepare Staff Reports for the Planning Commission and City Council.
It is estimated that Staff would spend approximately 8 hours preparing the proposed
amendments and related documents. The City Attorney estimates that they would spend
approximately 3 hours on the project.
Should the City Council desire to have Staff work on this Amendment, it would be added to the
City's 2010-2011 Goals and Objectives. Therefore, as part of the City Council direction, Staff
would request that this project be given a high, medium or low priority.
Page 3 of 5
Permit Procedures (Chapter 8 96~
Section 8.96.010.D of the Zoning Ordinance establishes the length of time a permit (typically
Conditional Use Permits and Site Development Review Permits) is valid and previously stated
that "construction or use shall commence within one (1) year of permit approval, or the permit
shall lapse and become null and void." The Zoning Ordinance allows Applicants to apply for one
6-month extension prior to expiration of a permit.
Today's economic climate continues to make it difficult for Developers to otitain financing prior
to expiration of their permits. Staff has continued to observe that Applicants are taking longer to
apply for Building Permits and the time extension for permits has benefited several projects by
keeping their Planning entitlements from expiring.
In order to continue to assist business owners and developers and to encourage them to stay in
the Planning process, Staff recommends that the City Council again approve the temporary
modification to Section 8.96.010.D to extend the effective period for Planning Permits for an
additional one-year period. Please refer to the table below for the previous (prior to August,
2009) and proposed regulations.
Table 3: Permit Expiration - Permanent and Temnnrar~ Rpn~~ia+~.,n~
Permanent Regulation ...~
Temporary (Proposed)
Regulation
Permit Expiration 1 year from permit 2 years from permit
approval approval
Permit Extension 6 Months 6 Months
The proposed regulations would be effective for a period of one year. Once the Ordinance has
expired, the Zoning Ordinance will revert back to the permanent regulations. The proposed
Amendment is included on Pages 9 and 10 of Attachment 3.
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.
PUBLIC NOTICING:
In accordance with State law, a public notice was published in the Valley Times and posted at
several locations throughout the City.
CONCLUSION:
Staff is recommending that the City Council extend the temporary modifications to the Zoning
Ordinance for an addition one-year period to provide temporary relief from some of the
provisions of the Zoning Ordinance during the current economic climate. The proposed
Page 4 of 5
temporary modifications to the Sign Ordinance will expand advertising options available to
businesses. The proposed temporary modifications to Permit Procedures will increase the
effective period of Planning Permits and will allow business owners and developers additional
time to secure funding and commence their business or begin construction of their projects.
Staff is also requesting that the City Council provide Staff with direction regarding permanent
modifications to the Temporary Promotional Banner regulations.
ATTACHMENT: 1. Ordinance 11-09, amending the Dublin Municipal Code Chapter
8.84 relating to Sign Regulations and Chapter 8.96 relating to
Permit Procedures for a One Year Period.
2. City Council Staff Report dated July 7, 2009 (without
attachments).
3. Ordinance Amending the Dublin Municipal Code Chapter 8.84
Relating to Sign Regulations and Chapter 8.96 Relating to
Permit Procedures for a One-Year Period PLPA 2010-00021.
Page 5 of 5
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ORDINANCE NO. 11- 09
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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AMENDING THE DUBLIN MUNICIPAL CODE CHAPTER 8.84 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 Ordinance 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 yeaz from the
effective date of the Ordinance adopted by the City Council; and
WfIEREAS, the Planning Commission did hold a properly noticed public hearing on this Project
on May 26, 2009 and adopted Resolution 09-24 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 July 7, 2009; and
WHEREAS, a Staff Report was submitted recommending that the City Council approve the
Zoning Ordinance Amendments; and
WHEREAS, pursuant to section 8.120.OSO.B 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 ("CEQA"): The City Council declazes 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 sha11 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.
Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 1 of 9
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Attachment 1
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SECTION 2.
Section 8.84.030 of Chapter 8.84 of the Dublin Municipal Code, entitled "Sign Regulations," is hereby
amended as follows:
Section 8.84.030 Sign Approvals and Decisionmaker Authority by Zoning District. Matrix A,
Sign Approvals and Decisionmaker Authority prescribes the necessary permits and the decisionmaker
authority applicable to the specified signs for each zoning district:
Matrix A
Sign Approvals and Decisionmaker Authority by Zoning District*
Si n T e A R-1, R 2, R-M C-N C-O C-1 C-2 M-P, M-1, M-2
Awnin E X ZC ZC ZC ZC ZC
Bulletin Board BP BP BP BP BP BP BP
Comin Soon X X ZC ZC ZC ZC ZC
Communi ID X ZC ZC ZC ZC ZC ZC
Electronic Readerboazd X X CUP PC CUP C CUP C CUP PC CUP PC
Freestandin 20' or less in ht. E X ZC X BP BP BP
Freestanding greater than 20'
in hei t X X X X SDR SDR SDR
Grand-O enin X X ZC ZC ZC ZC ZC
Identification ** ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR
Master Sign Program SDR(ZA X SDR(ZA) SDR(ZA) SDR(ZA) SDR(ZA) SDR(ZA)
Office Buildin Master ID X X ZC ZC ZC ZC ZC
Off-Site Residential
Develo ment Directional BP BP BP BP BP BP BP
Off-Site Temporary For Sale
or Lease E X ZC ZC ZC ZC ZC
O en-House X Permitted X X X X X
Permanent Banner Sign X X X X MSP/SDR MSP/SD
R MSP/SDR
Pro'ectin E X BP BP BP BP BP
Service Station Display
Structure X X ZC X ZC ZC ZC
Service Station Price Si n X X ZC X ZC ZC ZC
S ecial Easement E X ZC ZC ZC ZC ZC
Temporary Promotional (21
Da s X ZC*** ZC ZC ZC ZC ZC
Tenant Directo X X BP BP BP BP BP
Wall E X BP BP BP BP BP
Window X X BP BP BP BP BP
Notes for Matrix A:
E Business Signs not exceeding an area of ten (10) square feet per side aze permitted per Section 8.84.090. and subject to Building Permit
BP Permitted and subject to Building Permit
CUP Conditional Use Permit Approval Required and subject to Building Permit
SDR Site Development Review Approval by Staff Required and subject to Building Permit
PC Planning Commission is decision maker authority
ZA Zoning Administrator is decision maker authority
ZC Zoning Clearance by StaffRequired and subject to Building Permit
X Not Petmitted
' Matrix A does not reflect Exempt Signs in Section 8.84.I40
** A sign of up to 24 square feet on a side is allowed with a Zoning Clearance and a sign of up to 36 square feet on a si8 is allowed with a Site
Ord. No. 11-09, Adopted '7-21-09, Item 4.4 Page 2 of 9
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Development Review.
*•" Only Temporary Banners, not exceeding 12~squaze feet, are allowed for apartment communities (see Section 8.84.020.B for definition). All other
temporary promotional signs are not allowed in this zoning distict.
Planned Development signage is permitted by Section 8.84.100.
A Sign Exception to a regulation in this Chapter may be applied for per Section 8.84.200.
SECTION 3.
Section 8.84.040 of Chapter 8.84 of the Dublin Municipal Code, entitled "Sign Regulations," is hereby
amended as follows:
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 Magimum Maaimum Mazimum Area per Location Copy Restrictions * Additional
Section No. Number of Height side Requirements * Regulations "'
si s in s. ft.
Awning 1 per business 2 ft. 6 in. 1 sq. ft. per lineal tt. 1 per business N/A May project 36
Sec. or tenant of Tenant Frontage to or tenant inches. More
8.84.OSO.A frontage as maximum of 150 sq. frontage with than 36 inches
permitted by ft. (with SDR, mazimum of with SDR
Sec. 8.84.110 1.5/lineal ft. to max of three frontages. Mag. sign length
B.4. 250 sq. tt.); 25% of 24 ft.
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 on-
Sec. line; Must meet site church, school,
8.84.054.B all other yard community center,
requirements. park, hospital or
institutional
buildin .
Coming Soon 2 8 ft. 32 sq. ft. On construction Opening date, May only be
Sec. site. architect, engineer, placed during
8.84.OSO.C contractor, future time period
business, or lender. between building
permit and final
occu anc .
Community 1 20 ft. 120 sq. ft. Service ctub names Illumination shall
ID and emblems and not be
Sec. community slogans intermittent;
8.84.OSO.D 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 Eaempt Signs in Sec. 8.84.140
Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 3 of 9
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Sign Type , Maximum Maaimum Maximum Location Copy Restrictions Additional
Section No. Number of Height Area per side Requirements * * Regulations *
si s in s. ft.
Electronic Per Sec. Per Sec. Per Sec. Per Sec. Per Sec. 8.84.110 if Per Sec. 8.84.110
Readerboard 8.84.110 if 8.84.110 if 8.84.110 if wall 8.84.110 if wall wall sign; 8.84.120 if wall sign;
Sec. 8.84.OSO.E wall sign; wall sign; sign; 8.84.120 sign; 8.84.120 if if freestanding 8.84.120 if
8.84.120 if 8.84.120 if if freestanding freestanding sign. freestanding sign.
free- freestanding sign. sign.
standing sign.
si
Freestanding 1 per parcel; 10 ft. at 15 sq. ft. per In a planter of Must indicate Must have
20' or less in 2 or more property side at appropriate building address or minimum
heig6t; with Master line; May be property line; dimension; Not address range. clearance of 14
Freestanding Sign increased .5 May increase closer than 50 feet if
greater than Program. ft. for every 2.5 sq. feet per feet from R-O- overhanging
20' ia 6eight. 1 tt. the sign side for each 1 W of Interstate vehicular way;
Sec. 8.84.120. is set back 1t. sign is set Highway; Must not project
from the back from Permitted into a public
nearest street nearest street within required right-of-way.
frontage frontage yards; At one
property line property line. or more main
up to a Maaimuro of entrances with
mazimum of I50 sq. ft. Master Sign
20 ft.; Up to Program.
35 ft. with
SDR
Grand- 1 No limit. No limit. Must be Only eRective
Opening displayed on within 60 days of
Sec. 8.84.OSO.G the site on initial occupancy;
which grand- 30-day mazimum.
opening will
occur.
Identification 1 6 ft. 24 sq. tit. with None. Name and/or use of Means of support
Sec. 8.84.050.H Zoning building. shall be
Clearance; concealed.
36 sq. ft. with
SDR
Of~ce Building 1 8 ft. 25 sq. ft. None. Name of office 100 ft. minimum
Master ID building, parcel frontage
Sec. 8.84.050.I 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
Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 4 of 9
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Sign Type Mazimum Maximum Maximum Location Copy Restrictions Additional
Section No. Number of Height Area per side Requirements * * Regulations *
si ns in s. f~
Off-Site Determined Determined Determined Determiued by Determined by Determined by
Residential by Director by Director by Director Director of Director of Director of
Development of of of Community Community Community
Directional Community Community Community Development Development Development
Sec. Development Development Development
8.84.OSO.J
Off-Site 1 per 100 ft. 8}'t. 16 sq. ft. Ot~ 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
ublic road.
Open-House Maximum of 3 R. 4 sq. Pt. On sidewalk and Not attac6ed to
Sec. 4 per landscaping strip any public sign,
8.84.OSO.L property; but cannot post, tra~c
Up to 8 per disrupt normal signal or utility
inter-section. vehicular tlow, pole; No
One per block views, additional tags,
property block ingress or riders,
being egress to any streamers,
advertised at residence or balloons or other
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
tra~c islands of each week from
public streets; 10:00 a.m. to
Cannot be sunse~
within 5 ft.
radius of a call
box, fire hydrant
or mail box.
Pedestrian/ 1 N/A 5 sq. ft. Suspended from None. 8 ft. vertical
Shingle canopy over a c-earance;
Sec. sidewalk directly Perpendicular to
8.84.OSO.M in front of the business building
door of the wall.
business.
* Location Requirements, Copy Restrictions and Additional Regulations are in addition to t6ose identified in Sections
8.84.110 and 8.84.120.
** Matrix B does not reflect Exempt Signs in Sec. 8.84.140
Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 5 of 9
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Sign Type Maximum Maximum Maximum Area Location Copy Restrictions Additionsl
Section No. Number of Height per side in sq. ft. Requirements * * Regulations *
si ns
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.OSO.N annual review;
Replace if in
poor
maintenance.
Projecting 1 per 2 tit. 6 in.; 16 sq. ft.; May In middle 1/3 of N/A Sec. 8.84.110 (C)
Sec. business. May be be increased front wall of
8.84.OSO.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.OSO.Q landscape
lanter
Service 2 6 tt. 16 sq. flt 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.OSO.R Structure.
Special 1 4 ft. 24 sq. ff. Within Name of business In-lieu of
Easement immediate and/or center. Freestanding
Sec. vicinity of the Sign; Business
8.84.OSO.S business t6e 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 additioo to those identified in Sections
8.84.110 and 8.84.120.
** Matria B does not reflect Eaempt Signs in Sec. 8.84.140
Ord. No. 11-09, Adopted 7-21-09, Item 4.4 Page 6 of 9
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Sign Type Maximum Maximum Maximum Area Location Copy Restrictions Additional
Section No. Number of Height per side in sq. f~ Requirements * * Regulations *
si s
Temporary Per Zoning Per Zoning Per Zoning Only on site on Per Zoning Maaimum of 21
Promotional Clearance. Clearance. Clearance. which business is Clearance. consecutive
Sec. 8.84.050. located and s6a11 calendar days
s not be located so per permit; 21
Banner signs that the sign is consecutive
shall not be higher than t6e calendar day
larger than 60 eave of the waiting period
square feet structure in between permits.
which the
business is
Temporary located. Temporary
Temporary One (1) Banner for Banners for
Promotional Apartment Apartment
Banner for Communities Communities
Apartment which shall not shall be allowed
Sec. exceed 12 square 10 consecutive
8.84.OSO.S feet days per permit;
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 ear.
Tenant 1 N/A 12 sq. f~ At entrance of Listing of tenant None
Directory building on an names and suite
S~• exterior wall. numbers/letters.
8.84.OSO.U
Wall 1 per 2 ft. 6 in. 1 sg. 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. tt. (with frontages.
06 (November maximum of SDR,1.5/lineal
2006) three tt. 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.OSO.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 Eaempt Signs in Sec. 8.84.140
Ord. No. I 1-09, Adopted 7-21-09, Item 4.4 Page 7 of 9
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SECTION 4.
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:
S. Temporary Promotional Signs. Temporary Promotional Signs permitted pursuant to a Zoning
Cleazance may be placed on-site for a maximum of twenty-one (21) consecutive calendaz days per
permit when used for special promotional events or needs. A minimum waiting period of 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 in size and the sign shall not be located so that the sign is taller than the
eave of the structure in which the business is located.
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 yeaz. A temporary
banner sign for apartment communities shall not be larger than 12 squaze feet (see Section
8.84.020.B 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) singulazly or cumulative shall be issued that allows any
temporary promotional signs that include balloons for more than 21 days per calendar yeaz.
Zoning cleazance(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 5.
Section 8.96.020.D of Chapter 8.96, of the Dublin Municipal Code, entitled "Permit Procedures," is
hereby amended as follows:
D. Permit Expiration. Notwithstanding any conditions of approval of permits approved prior to the
effective date of Ordinance No. 11-09, construction or use shall commence within two (2) yeazs 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 towazd commencing such construction or use. If there is a
dispute as to whether the Pemut has expired, the City may hold a noticed public hearing to
determine the matter. Such a determination may be processed concurrently with revocation
proceedings in appropriate circumstances. If a Permit expires, a new application must be made
and processed according to the requirements of this Ordinance.
Ord. No. I 1-09, Adopted 7-21-09, Item 4.4 Page 8 of 9
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SECTION 6.
Severability. The provisions of this Ordinance aze 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 7.
Effective Date, Term and Posting of Ordinance. This Ordinance shall 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.OSO.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 this 21 S` day of July 2009, by the following vote:
AYES: Councilmembers Biddle, Hart, Scholz, and Mayor Sbranti
NOES: None
ABSENT: Vice Mayor Hildenbrand
ABSTAIN: None
ATTEST:
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City Clerk
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Mayor
~O~'DU~ CITY CLERl~~~~~~
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C~ 111 File #^a~ D^"~3 DD
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 7, 2009
SUBJECT: PUBLIC HEARING: ZOA 09-001: Zoning Ordinance Amendment
and Site Development Review Permit Fee (Legislative) - Amendment to
the Sign Regulations and the Permit Procedures Chapters (Chapter 8.84
and Chapter 8.96) of the Zoning Ordinance to be effective for a one-year
period, and amendment to the Site Development Review Chapter (Chapter
8.104) of the Zoning Ordinance and a Site Development Review fee for
residential additions and residential tear downs.
Report prepared by Erica Fraser, Senior Planner
ATTACHMENTS: 1) May 5, 2009 City Council Agenda Statement (without attachments).
2) Ordinance amending Dublin Municipal Code Chapter 8.84 relating
to Sign Regulations and Chapter 8.96 relating to Permit Procedures
for a one-year period - ZOA 09-001.
3) •3une 17, 2008 City Council Agenda Statement (without
attachments).
4) Minutes from the June 17, 2008 City Council meeting.
5) Ordinance amending Dublin Municipal Code Chapter 8.104 relating
to Site Development Review - ZOA 09-001.
6) Resolution Amending Resolution 49-06 to revise the adopted fee
schedule for residential additions over 500 square feet in size and
residential demolition and construction projects which require site
development review.
7) May 26, 2009 Planning Commission Agenda Statement (without
attachments).
~ 8) Minutes from the May 26, 2009 Planning Commission meeting.
RECOMMENDATION: 1) Receive the Staff presentation;
~ ~ p, _ ~ 2) Open the Public Hearing;
~-~~ ~ 3) Take testimony from the Public;
4) Close the Public Hearing and deliberate;
5) Take the following actions:
a) Waive reading and introduce an Ordinance amending the
Dublin Municipal Code Chapter 8.84 relating to Sign
Regulations and Chapter 8.96 relating to Permit Procedures
for a one-year period - ZOA 09-001;
-------------------------------------------------------------------------------------------------------------
COPY TO: File
" Page l of 9
G: {Zonin2 OrdIZOA 09-OOII CC 7-71 CCSR 7-7 ZD Modifications.DOC ~~'~~lll Pn • 7
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b) Waive reading and introduce an Ordinance amending the ~
Dublin Municipal Code Chapter 8.104 relating to Site
Development Review - ZOA 09-001; and
c) Adopt a Resolution amending Resolution 49-06 to revise the
adopted fee schedule for residential additions over 500
square feet in size and residential demolition and
construction projects which require site development review.
PROJECT DESCRIPTION:
At the request of the City Council, Staff has been reviewing the Zoning Ordinance for ways to provide a
stimulus to the business community and property owners in the City during the current economic climate.
The Planning Division identified several alternatives to streamline the entitlement process for
development applications and to promote businesses in Dublin. These alternatives included temporary
modifications, for a two-year period, related to the display of Promotional Banners and Balloons, and the
extension of the effective period of permits, and "permanent" modifications related to the hearing body
and type of review for minor projects.
On May 5, 2009, Staff presented the proposed Zoning Ordinance modifications to the City Council for
discussion (Attachment 1). The City Council unanimously agreed with Staff's recommendations regarding
the proposed "permanent" modifications to Chapter 8.104, Site Development Review and the temporary
modification to Chapter 8.96, Permit Procedures. The City Council had considerable discussion regarding
the proposed temporary modifications to the Sign Ordinance related to Temporary Promotional Banners
and Balloons. The City Council ultimately decided to move forward with Staff's recommendations
regarding Promotional Banners, however, the City Council decided the proposed modifications should
only be in effect for one year (and requested that Staff bring this item back for discussion in one year).
The City Council decided not to make any changes regarding Temporary Promotional Balloons. The City
Council directed Staff to bring a draft Ordinance to the Planning Commission, modifying Chapters 8.84,
8.96 and 8.104, for the Commission's recommendation to City Council. Staff then prepared a draft
Ordinance to address direction by the City Council.
The proposed Zoning Ordinance amendments include modifications to the Site. Development Review
Chapter (Chapter 8.104) regarding the level of review required for projects, modifications to the Sign
Regulations Chapter (Chapter 8.84) to facilitate the use of Banner Signs and modifications to the Permit
Procedures Chapter (Chapter 8.96) to increase the effective period of Permits. The proposed Amendments
are discussed in the Analysis Section of this Staff Report.
ANALYSIS:
The proposed modifications to the Zoning Ordinance are discussed below.
Temporary Modifications to the Zoning Ordinance
Sign Re ulations Chapter 8.84~
Temporary Promotional Banners are regulated by the Sign Regulations Chapter of the Zoning Ordinance
(Chapter 8.84). Section 8.84.OSO.S of the Zoning Ordinance includes regulations related to the display of
Promotional Banners which advertise special events, sales and promotional needs of businesses. Several
temporary modifications are proposed to provide some relief from the current regulations in order to
expand the advertising opportunities available to businesses in the City.
2 of 9
ia ~ - 0~7
The Zoning Ordinance currently regulates the time frame in which a Banner may be displayed, the waitin~
period between Banner displays and the size of Promotional Banners. Staff proposes to modify these
Regulations in order to promote businesses in Dublin. The proposed modifications would increase the
number of days Banners are allowed to be displayed, reduce the waiting period between Banner displays
and modify the size requirements.
The following table illustrates the existing and proposed regulations for Temporary Promotional Banners.
1 du~e i: i em ora rromotional Banners - Exis tin and Pro osed Re ulations
Existing Regulation Proposed Regulation
Display Period Maximum of 15 consecutive Maximum of 21 consecutive
calendar days calendar days
Waiting Period 30 days ~ 21 days
Size Maximum of 30" tall x 24' long 60 square feet
Location
None Signs may not be located above
Re uirement the eave
By increasing the time a Banner may be installed on a property and decreasing the waiting period in
between Banners, businesses will be allowed additional days throughout the year in which they can
advertise special events and sales occurring at their location. The maximum size far Promotional Banners
is proposed to be changed to 60 square feet, which is the maximum overall size currently allowed;
however, by utilizing a maximum overall size rather than a maximum height and Iength, businesses will
have more flexibility to design a Banner to suit their needs. In order to prohibit businesses from placing
their signs so that they project above the roof of the building, the regulations are proposed to be amended
to prohibit signs from being located so that the sign is above the eave of the building in which the business
is located.
The proposed Regulations would be effective for a period of one year. Prior to the expiration of the
Amendments, Staff will bring the Ordinance back to the City Council for discussion. The City Council
will then determine if they want to allow the Amendments to remain in effect for an additional period of
time or if they would like the Ordinance to expire. Once the Ordinance has expired, the Zoning Ordinance
will revert back to the cuirent Regulations.
The proposed Amendments are included on Pages 7 and 8 of Attachment 2.
Permit Procedures (Chapter 8 96)
The proposed Amendment to the Permit Procedures Chapter (Chapter 8.96) of the Zoning Ordinance is
also a temporary Amendment. Section 8.96.O10.D of the Zoning Ordinance establishes the length of time
a permit (typically Conditional Use Permits and Site Development Review permits) is valid and currently
states that "construction or use shall commence within one (1) year of permit approval, or the permit shall
lapse and become null and void." The Zoning Ordinance allows Applicants to apply for one 6-month
extension prior to expiration of a permit.
Today's economic climate has made it difficult for Developers to obtain financing prior to expiration of
their permits. Additionally, some Developers would like to begin the Planning process but have expressed
concerns that the economic climate may not be right for them to begin construction prior to expiration of
their permits.
~ nf q
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In order to assist Developers and to encourage Developers to stay in the Planning process, a tempor~.fry ~
modification to Section 8.96.O10.D is proposed to extend the effective period for Planning Permits. Please
refer to the table below for the existing and proposed regulations. This modification would be retroactive
to extend the approvals of existing, valid permits.
Tahle 2: Permit F,xniration - Existin~ and Pronosed Re~ulations
Existing Regulation Proposed Regulation
Permit Expiration 1 year from permit 2 years from permit
approval approval
Permit Extension 6 Months 6 Months
The proposed regulations would be effective for a period of one year. Prior to the expiration of this
Amendment, Staff will bring the Ordinance back to the City Council for discussion. The City Council will
then determine if they want to adopt an Ordinance allowing the modification to continue or if they would
like the Ordinance to expire. Once the Ordinance has expired, the Zoning Ordinance will revert back to
the current regulations
The proposed Amendment is included on Pages 8 and 9 of Attachment 2.
Permanent Modifications to the Zoning Ordinance
Site Development Review (Chapter 8.104~
On June 17, 2008, the City Council adopted an Ordinance amending the Site Development Review
Chapter (Chapter 8.104) of the Zoning Ordinance to improve the clarity of the Chapter, to ensure its
effectiveness and to ensure that the Site Development Review Chapter was consistent with current
practices (Staff Report and Minutes included as Attachments 3 and 4) . The amended Site Development
Review Chapter has been in effect for approximately 11 months.
As part of the City's effort to assist business owners through the current economic climate and streamline
our processes, several additional changes are proposed to the Site Development Review Chapter (Chapter
8.104) of the Zoning Ordinance. The proposed Amendments would reduce the time and costs associated
with obtaining Planning approval for minor projects. Modifications are proposed to the regulations for
accessory structures, additions to principal structures and the reviewing body for fa~ade modifications and
the regulations are discussed in more detail below. The discussion includes a comparison of the current
regulations, the regulations that were in effect prior to the 2008 Amendment, and the proposed
Amendments.
Accessory Structures - Multi-Family, Commercial and Industrial
The Site Development Review Chapter establishes the level of review (Site Development Review Waiver
or Site Development Review) that is required for accessory structures in the Single-Family, and the Multi-
Family, Commercial, and Industrial Zoning Districts. The level of review is based on the size of the
accessory structure. A Site Development Review requires notification of property owners and tenants
within 300 feet of the project site, can take up to one month to process and the cost is based on Staff time
and materials associated with the review of the project. A Site Development Review Waiver does not
require notification of property owners, has a flat fee of $250 and is typically processed in one to three
business days.
4 nf 9
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The following table illustrates the regulations that were in effect prior to the 2008 Zoning Ordinance
Amendment, the existing regulations, and Staff's proposed modifications to the regulations for accessory
structures in the Multi-Family, Commercial, and Industrial Zoning Districts.
Table 3: Accessory Structure Regulations - Multi-Family,
Commercial and Industrial Zonin~ Districts
Required Permit
Type Previous Regulations
(Prior to July 2008)
Existing Regulations
Proposed Regulations
Accessory Structures
As determined by the
<120 square feet
Site Development
Community Accessory Structures or
Review Waiver
Development Director < 120 square feet
- Accessory Structures that
are not visible from any
street
Accessory Structures
Site Development that are visible from any
Review As determined by the Accessory Structures street, located on a
(by Community Community
~ 120 sGuare feet property adjacent to a
Development Director) Development Director residentially zoned
property and > 120 square
feet
For example, if these modifications are enacted, a retail business that wanted to construct a 1,000 square
foot accessory structure at the rear of the store (which is not visible from the street), would be reviewed
pursuant to a Site Development Review Waiver. If the business wanted to construct a 1,000 square foot
accessory structure at the front of the store (which would be visible from the street) the accessory structure
would be reviewed pursuant to a Site Development Review.
Accessory Structures which are not visible from the street are not typically controversial projects and do
not typically have significant impacts. By decreasing the level of review required for minor accessory
structures and accessory structures which are not visible from the street, this Amendment would reduce
the permitting burden on property owners.
The proposed modifications are shown on pages 4 and 5 of Attachment 5.
Accessory Structures - Residential
The following table illustrates the regulations for accessory structures in the Single-Family Residential
Zoning District that were in effect prior to the 2008 Amendment, the existing regulations, and Staff's
proposed modifications to the regulations.
Table 4: Accessory Structures Regulations - Single Family Residential Zonin~ Districts
Required Permit Previous Regulations Existing Regulations Proposed Regulations
Type (Prior to July 2008)
Site Development No permit required for No permit required for
Review Accessory Structures that Accessory Structures Accessory Structures that
(by Community comply with the > 120 square feet comply with the
Develo ment Director Develo ment Re ulations Develo ment Re ulations
5 nf A
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Single-family residential accessory structures are required to comply with the existing developm
regulations in the Zoning Ordinance. The development regulations establish the maximum size, height,
and setback for accessory structures. Single-family residential accessory structures that do not comply
with the development regulations require approval of a Site Development Review. Site Development
Review would no longer be required for single-family residential accessory structures that are greater than
120 square feet provided that they comply with the development regulations for accessory structures. The
proposed modifications are consistent with the regulations in place prior to the 2008 Zoning Ordinance
Amendment.
The proposed modifications are shown on pages 4 and 5 of Attachment 5.
Multi-Family, Commercial and Industrial Additions
The Site Development Review Chapter of the Zoning Ordinance establishes the reviewing body for
additions to the principal structure in the Multi-Family, Commercial and Industrial Zoning Districts and
Planned Development Zoning Districts with similar uses. Staff is proposing a modification to the types of
additions that can be reviewed by the Community Development Director. The following table illustrates
the regulations that were in effect prior to the 2008 Zoning Ordinance Amendment, the existing
regulations, and proposed regulations with respect to additions.
Table 5: Regulation of Additions to Principal Structures -
Multi-Family, Commercial and Industrial Zoning Districts
Required Permit Previous Regulations Existing Regulation Proposed Regulation
Type (Prior to July 2008)
Site Development As determined by the
Review Waiver Community Development -- --
Director
Additions < 1,000 square
Site Development
Additions < 1,000 square feet in size or <15% of the
Review As determined by the
feet in size or <15 /o of the building floor area
(by Community Community Development ~
building floor area ~~,~,hichever is greater)
Development Director (~,hichever is greater). or '
~
Directar) Any addition which is not
visible from any street
Site Development As determined by the Additions > 1,000 square Additions that are visible
Review (by Planning Community Development feet in size or ?15 /o of the from any street and > 1,000
Commission Review) Director building floor area square feet in size or >15%
(whichever is greater). of the building floor area
Typically, additions which are less than 1,000 square feet in size or are not visible from the street do not
have significant impacts. By allowing Staff to review these types of additions, Applicants will save time
and money while trying to improve their property.
For example, if a property owner with a large building wanted to construct a 2,000 square foot addition to
their building which was visible from the street, the addition would be less than 15% of the overall floor
area of the building (total building size is 139,410 square feet), this addition would be reviewed by the
Community Development Director. If the property owner wanted to construct a 21,000 square foot
addition, this addition would be larger than 15% of the floor area of the building and would be visible
from the street and therefore would be reviewed by the Planning Commission.
fi nf 9
The modifications are shown on pages 5 and 6 of Attachment 5.
I~~~,./~rl
~
Fa~ade Modifications
The current Site Development Review Chapter of the Zoning Ordinance divides fa~ade modifications into
two categories: Major and Minor (Sections 8.104.040.A.13 and 8.104.040.C.3). The Site Development
Review for Minor Fa~ade Modifications are reviewed by the Community Development Director and the
Site Development Review for Major Fa~ade Modifications are reviewed by the Planning Commission.
The Community Development Director determines which types of fa~ade improvements are Major and
which are Minor.
In order to reduce the burden on the Applicant and encourage property owners to improve their properties,
Staff is recommending that the Site Development Review for all fa~ade remodels be reviewed by the
Community Development Director. This would be consistent with the procedures that were in place prior
to the Zoning Ordinance update approved in 2008. Prior to issuing a decision on fa~ade modifications, the
Community Development Director would send out a notice to all tenants and property owners within 300
feet of the project site and would also notify the Planning Commission and City Council of the proposed
project. The Community Development Director can transfer hearing jurisdiction on a project at any time
to the Planning Commission, should a proposal be controversial.
The following table illustrates the pre 2008 Amendment, existing, and proposed reviewing body for
fa~ade modifications.
Table 6: Fa ade Modifications Existin and Pro osed Re ulations
Required Permit
Type Previous Regulations
(Prior to July 2008) Existing Regulation Proposed Regulation
Site Development
Review (by Minor Fa~ade
Community All Fa~ade Remodels Remodel All Fa~ade Remodels
Development
Director)
Site Development Major Fa~ade
Review (by Planning None Remodel None
Commission)
The modifications are shown on pages 5 and 6 of Attachment 5.
Residential Permit Fee (S00 square foot addition and demolition and reconstruction)
At the June 17, 2008 City Council meeting, the City Council directed Staff to include a flat fee of $500 for
residential additions and residential demolition and construction projects which require a Site
Development Review with the next fee update (Attachments 3 and 4). A fee update has not yet occurred,
therefore, Staff is proposing that the City Council amend the Fee Schedule to include this flat fee at this
time.
Typically, Staff charges on a time and materials basis for Site Development Review applications. Time
and materials include all Staff time associated with processing a project application which can amount to a
large sum of money. However, the City would not want to discourage homeowners from improving their
property due to a high permit cost. The City does not typically fully subsidize permit fees for
improvements. The City does currently subsidize the fee for certain permits, such as large family daycares
(the application fee is $100) in order to encourage these types of facilities.
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Staff estimates that it would take approximately four hours to process a Site Development Review for these
types of improvements. The City currently charges $129.27 per hour for Planning staff time. This would
result in a cost of approximately $517 or more, if more time were needed, if the City charged for actual
time spent. Staff acknowledges that some permits may take longer to process, however in order to
encourage homeowners to continue to improve their property, Staff is recommending a flat fee of $500 for
the Site Development Review for residential additions which are 500 square foot (or more) and the
demolition and reconstruction of a residential home.
A Resolution amending the City's Fee Schedule to include a flat fee for these types of improvements is
included as Attachment 6.
PI.ANNING COMMiSSION:
On May 26, 2009, Staff presented the draft Ordinances to the Planning Commission for their review
(Attachment 7). The Planning Commission discussed the proposed modifications to the Zoning Ordinance
(Attachment S) and requested that the following modifications be incorporated into the City Council
Ordinances:
• Include a requirement in Section 8.84.OSO.S of the Zoning Ordinance to prohibit businesses from
displaying banners above the eave of the building;
• Change the statement "visible from the streeY' to "visible from any street" for accessory structures
and additions for clarity; and
• Require Site Development Review for accessory structures, in the R-M, Commercial and Industrial
Zoning Districts, which are larger than 120 square feet and adjacent to properties in the R-1 and R-2
Zoning Districts and Planned Development Zoning Districts with similar uses.
At the meeting, the Planning Commission adopted Resolution 09-24 recommending that the City Council
approve temporary amendments to Chapter 8.84, Sign Regulations, and Chapter 8.96, Permit Procedures,
and adopted Resolution 09-25 recommending that the City Council approve amendments to Chapter 8.104,
Site Development Review with the modifications noted above.
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.
PUBLIC NOTICING:
In accordance with State law, a public notice was published twice in the Valley Times and posted at several
locations throughout the City. A notice of this hearing was mailed to those requesting such notice 14 days
before the hearing and the Staff Report and attachments were made available for public review 10 days
prior to the public hearing in accordance with Government Code Sections 66016 and 66017.
CONCLUSION:
Several modifications are proposed to be made to the Zoning Ordinance in order to improve its
effectiveness and to provide temporary relief from some of the provisions of the Zoning Ordinance during
the current economic climate. The proposed temporary inodifications to the Sign Ordinance will expand
R nf 9
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will increase the effective period of Planning permits. By reducing the level of review required for so}f~e
projects that require Site Development Review, the City will encourage continual improvement of
properties by making the process easier for minor projects and will also reduce the amount of money spent
by Applicants due to a reduction in Staff time spent on a project. The flat fee for residential additions and
demolition and construction projects which require Site Development Review will reduce homeowner
costs in order to encourage property owners to improve their property. All of the proposed modifications
are aimed at assisting property owners and businesses in the City and to help ease them through these
difficult times.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive the Staff presentation; 2) Open the Public Hearing; 3)
Take testimony from the Public; 4) Close the Public Hearing and deliberate; 5) Take the following
actions: a) Waive reading and introduce an Ordinance amending the Dublin Municipal Code Chapter 8.84
relating to Sign Regulations and Chapter 8.96 relating to Permit Procedures for a one-year period; b)
Waive reading and introduce an Ordinance amending the Dublin Municipal Code Chapter 8.104 relating
to Site Development Review - ZOA 09-001; and c) Adopt a Resolution amending Resolution 49-06 to
revise the adopted fee schedule for residential additions over 500 square feet in size and residential
demolition and construction projects which require site development review - ZOA 09-001.
n ,. t~ n
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~
ORDINANCE NO. XX -10
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**********************
AMENDING THE DUBLIN MUNICIPAL CODE CHAPTER 8.84 RELATING TO SIGN
REGULATIONS AND CHAPTER 8.96 RELATING TO PERMIT PROCEDURES FOR A ONE-
YEAR PERIOD
PLPA 2010-00021
WHEREAS, on July 21, 2009, the City Council adopted Ordinance 11-09 which approved
a one-year modification to Chapter 8.84, Sign Regulations, and Chapter 8.96, Permit
Procedures, to provide a stimulus to businesses and property owners in the City during the
current economic climate; and
WHEREAS, the temporary modifications will expire on August 20, 2010 and the previous
regulations will then take effect; and
WHEREAS, the City Council requested that Staff bring the temporary modifications back
to the City Council prior to the expiration of the modifications; and
WHEREAS, a properly noticed public hearing was held by the City Council on June 22,
2010; and
WHEREAS, pursuant to section 8.120.050.B 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 ("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 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_
Section 8.84.030 of Chapter 8.84 of the Dublin Municipal Code, entitled "Sign Regulations," is
hereby amended as follows, with deletions indicated in strikethrough (c~riLo~hrni ~nh~ and
additions indicated in underline (underline :
Attachment 3
~a~ a ~~
"Section 8.84.030 Sign Approvals and Decisionmaker Authority by Zoning District.
Matrix A, Sign Approvals and Decisionmaker Authority prescribes the necessary permits and
the decisionmaker authority applicable to the specified signs for each zoning district:
Matrix A
Sign Approvals and Decisionmaker Authoritv bv Zonina District*
Si n T e A R-1, R-2, R-M C-N C-O C-1 C-2 M-P, M-1, M-2
Awnin E X ZC ZC ZC ZC ZC
Bulletin Board BP BP BP BP BP BP BP
Comin Soon X X ZC ZC ZC ZC ZC
Communi ID X ZC ZC ZC ZC ZC ZC
Electronic Readerboard X X CUP PC CUP PC CUP PC CUP PC CUP PC
Freestanding 20' or less in
ht. E X ZC X BP BP BP
Freestanding greater than
20' in hei ht X X X X SDR SDR SDR
Grand-O enin X X ZC ZC ZC ZC ZC
Identification `* ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR ZC/SDR
Master Sign Program SDR(ZA X SDR(ZA) SDR(ZA) SDR(ZA) SDR(ZA) SDR(ZA)
Office Buildin Master ID X X ZC ZC ZC ZC ZC
Off-Site Residential
Develo ment Directional BP BP BP BP BP BP BP
Off-Site Temporary For Sale
or Lease E X ZC ZC ZC ZC ZC
O en-House X Permitted X X X X X
Permanent Banner Sign X X X X MSP/SDR MSP/SD
R MSP/SDR
Pro'ectin E X BP BP BP BP BP
Service Station Display
Structure X X ZC X ZC ZC ZC
Service Station Price Si n X X ZC X ZC ZC ZC
S ecial Easement E X ZC ZC ZC ZC ZC
Temporary Promotional (21
~5-Da s X ZC*"` ZC ZC ZC ZC ZC
Tenant Directo X X BP BP BP BP BP
Wall E X BP BP BP BP BP
Window X X BP BP BP BP BP
Notes for Matrix A:
Business Signs not exceeding an area of ten (10) square feet per side are permitted per Section 8.84.090. and subject to Building
Permit
BP Permitted and subject to Building Permit
CUP Conditional Use Permit Approval Required and subject to Building Permit
SDR Site Development Review Approval by Staff Required and subject to Building Permit
PC Planning Commission is decision maker authority
ZA Zoning Administrator is decision maker authority
ZC Zoning Clearance by Staff Required and subject to Building Permit
X Not Permitted
" Matrix A does not reflect Exempt Signs in Section 8.84.140
** A sign of up to 24 square feet on a side is allowed with a Zoning Clearance and a sign of up to 36 square feet on a side is allowed
with a Site Development Review.
"' Only Temporary Banners, not exceeding 12-square feet, are allowed for apartment communities (see Section 8.84.020.B for
definition). All other temporary promotional signs are not allowed in this zoning district.
Planned Development signage is permitted by Section 8.84.100.
A Sign Exception to a regulation in this Chapter may be applied for per Section 8.84.200.
Page 2 of 9
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SECTION 3.
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 (c+riLo+hrr~~ ~nhl 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
Sian Develonment Reaulatiens **
Sign Type Maximum Maximum Maximum Area per Location Copy Restrictions * Additional
Section No. Number of Height side Requirements* Regulations "
si ns in s. ft.
Awning 1 per business 2 ft. 6 in. 1 sq. ft. per lineal ft. 1 per business N/A May project 36
Sec. or tenant of Tenant Frontage or tenant inches. More
8.84.050.A frontage as to maximum of 150 frontage with than 36 inches
permitted by sq. ft. (with SDR, maximum of with SDR.
Sec. 8.84.110 1.5/lineal ft. to max three Max. sign length
6.4. of 250 sq. ft.); 25% frontages. of 24 ft.
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 meet on-site church,
8.84.050.6 all other yard school, community
requirements. center, park,
hospital or
institutional
building.
Coming 2 8 ft. 32 sq. ft. On Opening date, May only be
Soon construction architect, engineer, placed during
Sec. site. contractor, future time period
8.84.050.C business, or between building
lender. permit and final
occu anc .
Community 1 20 ft. 120 sq. ft. Service club Illumination shall
ID names and not be
Sec. emblems and intermittent;
8.84.OSO.D community Means of
slogans 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 9
~
aa~~-
Sign Type , Maximum Maximum Maximum Location Copy Additional
Section No. Number of Height Area per side Requirement* Restrictions * Regulations *
si ns in s. ft.
Electronic Per Sec. Per Sec. Per Sec. Per Sec. Per Sec. 8.84.110 Per Sec.
Readerboard 8.84.110 if 8.84.110 if 8.84.110 if 8.84.110 if if wall sign; 8.84.110 if wall
Sec. wall sign; wall sign; wall sign; wall sign; 8.84.120 if sign; 8.84.120 if
8.84.050.E 8.84.120 if 8.84.120 if 8.84.120 if 8.84.120 if freestanding freestanding
free- freestandin freestanding freestanding sign. sign.
standing g sign. sign. sign.
si n.
Freestanding 1 per 10 ft. at 15 sq. ft. per In a planter of Must indicate Must have
20' or less in parcel; 2 property side at appropriate building address minimum
height; or more line; May property line; dimension; or address clearance of 14
Freestanding with be May increase Not closer range. feet if
greater than Master increased .5 2.5 sq. feet than 50 feet overhanging
20' in height. Sign ft. for every per side for from R-O-W of vehicular way;
Sec. 8.84.120. Program. 1 ft. the each 1 ft. Interstate Must not project
sign is set sign is set Highway; into a public
back from back from Permitted right-of-way.
the nearest nearest street within
street frontage required
frontage property line. yards; At one
property Maximum of or more main
line up to a 150 sq. ft. entrances
maximum with Master
of 20 ft.; Up Sign Program.
to 35 ft.
with SDR.
Grand- 1 No limit. No limit. Must be Only effective
Opening displayed on within 60 days
Sec. the site on of initial
8.84.050.G which grand- occupancy; 30-
opening wili day maximum.
occur.
Identification 1 6 ft. 24 sq. ft. with None. Name and/or use Means of
Sec. Zoning of building. support shall be
8.84.050.H Clearance; concealed.
36 sq. ft. with
SDR.
Office 1 8 ft. 25 sq. ft. None. Name of office 100 ft. minimum
Building building, parcel frontage
Master ID institutional use required; Means
Sec. and address of support shall
8.84.050.1 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 4 of 9
a~ a~~~
Sign Type Maximum Maximum Maximum Location Copy Additional
Section No. Number of Height Area per Requirements " Restrictions * Regulations *
signs side in sq.
ft.
Off-Site Determined Determined Determined Determined by Determined by Determined by
Residential by Director by Director by Director Director of Director of Director of
Developmen of of of Community Community Community
t Directional Community Community Community Development Development Development
Sec. Developmen Developmen Developmen
8.84.050.J t t t
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,
lease Up to 2 per of advertised and/or agency. plywood, metal
Sec. parcel. premises w/o or other rigid
8.84.050.K direct access material.
to ublic road.
Open-House Maximum of 3 ft. 4 sq. ft. On sidewalk Not attached to
Sec. 4 per and any public
8.84.050.L property; landscaping sign, post,
Up to 8 per strip but traffic signal or
inter- cannot disrupt utility pole; No
section. normal additional tags,
One per vehicular flow, riders,
property block views, streamers,
being block ingress balloons or
advertised or egress to other
at a given any residence attachments;
intersection or business, or Permitted on
restrict a Holidays,
sidewalk to Saturdays and
less than 32 Sundays and
inches. one agent tour
Prohibited in day each week
center divider from 10:00 a.m.
or traffic to sunset.
islands of
public streets;
Cannot be
within 5 ft.
radius of a call
box, fire
hydrant or mail
box.
Pedestrian/ 1 N/A 5 sq. ft. Suspended None. 8 ft. vertical
Shingle from canopy clearance;
Sec. over a Perpendicular
8.84.050.M sidewalk to business
directly in front building wall.
of the door of
the 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 5 of 9
~~~~a~
Sign Type Maximum Maximum Maximum Area Location Copy Additional
Section No. Number of Height per side in sq. Requirements * Restrictions * Regulations *
si ns ft.
Permanent N/A Per Per MSP/SDR Per MSP/SDR Name of Maintain in
Banner MSP/SDR shopping center, good
Sec. business or logo. condition;
8.84.050.N Subject to
semi-annual
review;
Replace if in
poor
maintenance.
Projecting 1 per 2 ft. 6 in.; 16 sq. ft.; May In middle 1/3 of N/A Sec. 8.84.110
Sec. business. May be be increased front wall of (C)
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
lanter
Service 2 6 ft. 16 sq. ft for 3 1 per street Gasoline prices. May be
Station fuel products; frontage. combined with
Price Signs 24 sq. ft for 4 Service Station
Sec. fuel products. Display
8.84.050.R Structure.
Special 1 4 ft. 24 sq. ft. Within Name of In-lieu of
Easement immediate business and/or Freestanding
Sec. vicinity of the center. Sign; Business
8.84.050.S business the located on
sign parcel w/o
advertises. direct access
or frontage on
improved
ROW; must be
connected by
roadway/acces
s 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 6 of 9
~5 a ~
~
Sign Type Maximum Maximum Maximum Area per Location Copy Additional
Section No. Number of Height side in sq. ft. Requirements * Restrictions' Regulations *
si ns
Temporary Per Zoning Per Zoning Per Zoning Only on site on Per Zoning Maximum of ~-5
Promotional Clearance. Clearance. Clearance. which business Clearance. 21 consecutive
Sec. is located and calendar days
8.84.050.~S shall not be per permit; 39
Banner signs shall located so that 21 consecutive
not be larger than 38 the siqn is calendar day
:.,~h~~ h., 9A fne~4 sO higher than the waiting period
square feet eave of the between
structure in permits.
which the
Temporary Banner business is Temporary
Temporary One (1) for Apartment located. Banners for
Promotional Communities which Apartment
Banner for shall not exceed 12 Communities
Apartment square feet shall be allowed
Sec. 10 consecutive
8.84.050.~S days per permit;
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 ear.
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 lineal ft. 1 per business N/A May project 12
Sec. business or of Tenant Frontage or tenant inches, 30
8.84.110V tenant to maximum of 150 frontage with inches w/ SDR.
frontage sq. ft. (with SDR, maximum of Max. sign
Rev. Ord. 20- with 1.5/lineal ft. to max three frontages. length 24 ft.
06 maximum of 250 sq. ft.); 25%
(November of three bonus if tenant
2006) frontages 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 7 of 9
~~ ~~~
SECTION 4_
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 (~~~~~~^~ ~^"~ 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 f~~°~^~7 twentv-one (21 ~
consecutive calendar days per permit when used for special promotional events or
needs. A minimum waiting period of ##i#~-f3Q-~ 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 ~n ;^^"o~ ti., ~^ foo+ in size and the siqn shall not be located so that the
siqn is taller than the eave of the structure in which the business is located.
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 12 square feet (see Section 8.84.020.B 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.
SECTION 5_
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 strikethrough (~~U~+tir^„^h~ and
additions indicated in underline (underline :
"D. Permit Expiration. Notwithstandinq anv conditions of aqproval of permits approved prior
to the effective date of Ordinance No. . construction or use shall commence within
two (2) years ~° ~~ ~~~~~r of Permit approval, or the Permit shall lapse and become null
and void. Commencement of construction or use means the actual construction or use
Page 8 of 9
~~~~~~f
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. Such a
determination may be processed concurrently with revocation proceedings in appropriate
circumstances. If a Permit expires, a new application must be made and processed
according to the requirements of this Ordinance.
SECTION 6.
Severability. The provisions of this Ordinance are sever~ble 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 7.
Effective Date, Term and Posting of Ordinance. This Ordinance shall 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 August 19, 2009 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 22"d day of June 2010, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
G:IPA#120101PLPA-2010-00020 ZOA 8.84 and 8.961CC Ord Temp Mod.DOC
Mayor
Page 9 of 9